CORRESPONDENCE
~f, Michael
From:
Sent:
To:
Subject:
Beril Kruger [bkruger@bellsouth.net]
Friday, October 03, 2003 2: 14 PM
Rumpf, Michael
RE: Administrative Appeal
~
EJ
2. 09-26-03 Rumpf
Sidewk Waive...
Please read the letter attached and especially notice the RE: at the top.
Beril
-----Original Message-----
From: Rumpf, Michael [mailto:RumpfM@ci.boynton-beach.fl.us]
Sent: Friday, October 03, 2003 12:19 PM
To: 'bkruger@bellsouth.net'
Cc: Breese, Ed
Subject: RE: Administrative Appeal
Beril, I was told that the correspondence to date regard solely the Car Wash
site and not the Texaco site. Perhaps this is due to the timing of the TRC
reviews which triggered the Car Wash project first. Although I assume you
intend to request a waiver for both sidewalk segments, and intend to request
the appeal to apply to both parcels/projects, the correspondence does not
reflect this. This really doesn't impact the review and process but for the
accuracy of documents and files, you should clarify through either separate
letters for each segment or a single letter stating both.
I was asked by the reviewers to communicate this situation and request
clarification.
Please contact should you have any questions. Thank you,
Mike Rumpf
Planning & Zoning Director
City of Boynton Beach
742-6260
-----Original Message-----
From: Beril Kruger [mailto:bkruger@bellsouth.net]
Sent: Monday, September 29, 2003 5:11 PM
To: Rumpf, Michael
Subject: RE: Administrative Appeal
Mike:
I will be bringing in the $400 dollars, $200 for the additional variances
and $200 for the appeal. I do not think it should take any additional time
for the staff report for the appeal as I notified the Engineering Department
and Eric the day of the TRC meeting. I told Eric that I would be appealing
the Engineering Departments decision of denying my "sidewalk waiver." They
were discussing it at the TRC meeting and it was supposed to be a comment or
something at the City Commission meeting when the petition is heard. I had
already written a request for the sidewalk to be waived prior to the TRC
meeting. The only reason I sent you a seperate request was I thought you
might have wanted one.
Thanks, Beril
1
-----Original Message-----
From: Rumpf, Michael [mailto:RumpfM@ci.boynton-beach.fl.us]
Sent: Monday, September 29, 2003 10:18 AM
To: 'Beril Kruger'
Cc: Breese, Edj Coale, Sherie
Subject: Administrative Appeal
Beril, I reviewed your filing of the administrative appeal and have
directed staff to establish the file. Please include an application fee of
$200 which you can submit with the outstanding additional amount for the
variances. I understand that Max has contacted you regarding the variance
fee tabulation and additional owed. Let me know if you have not been
informed.
As for scheduling, having just received the appeal notice last week, our
schedule would place this on the November meeting. Although we have an extra
week this month to prepare, and it is not a complex item, it will depend on
staff load in determining whether we can add an additional report to the
current agenda knocking of a month of the review time.
Let me know if you have any questions and I will keep you informed. Mike
2
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DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 03-190
TO:
FROM:
Ed Breese, Principal Planner, Planning & Zoning
Laurinda Logan, P.E., Senior Engineer ~-~,..-::>
October 3, 2003 ~
(
DATE:
RE:
Sidewalk Waiver Request
Maroufs Carwash
Ed,
As you know Engineering received a request for an administrative waiver from Beril Kruger regarding
placement of sidewalk for the above referenced project. They request that they be relieved of the
requirement to place sidewalk along the property line fronting Las Palmas Drive.
This requirement was placed on the site plan for this project, and the Gateway Texaco project, as a
condition of approval. This request is for Marouf's Carwash only.
The Engineering Division has denied this request for the following reasons:
· It IS a requirement, as stated in the LDR, Chapter 22, Article I, Section 5, Engineering Design
Handbook & Construction Standards Chapter 3, and as shown on Standard Details P-1 through
P-4.
· This property, as well as the Gateway Texaco, is located between Federal Highway and a
residential area. Additionally a new residential subdivision, The Harbors, is under construction
immediately across the street from these properties. Given the traffic increases created by the
new carwash, as well as surrounding properties, it is critical that pedestrian paths be provided.
If you have any questions or need additional information please feel free to give me a call at x6482.
Either Jeff Livergood or myself will be available to discuss this at the Commission meeting.
LUck
Cc: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail)
H. David Kelley, P.E./P.S.M., City Engineer (via e-mail)
File
S:\Engineering\Kribs\Maroufs Carwash, Sidewalk Waiver Request.doc
~f, Michael
From:
Sent:
To:
Subject:
Beril Kruger [bkruger@bellsouth.net]
Monday, September 29,20035:11 PM
Rumpf, Michael
RE: Administrative Appeal
Mike:
I will be bringing in the $400 dollars, $200 for the additional variances
and $200 for the appeal. I do not think it should take any additional time
for the staff report for the appeal as I notified the Engineering Department
and Eric the day of the TRC meeting. I told Eric that I would be appealing
the Engineering Departments decision of denying my "sidewalk waiver." They
were discussing it at the TRC meeting and it was supposed to be a comment or
something at the City commission meeting when the petition is heard. I had
already written a request for the sidewalk to be waived prior to the TRC
meeting. The only reason I sent you a seperate request was I thought you
might have wanted one.
Thanks, Beril
-----Original Message-----
From: Rumpf, Michael [mailto:RumpfM@ci.boynton-beach.fl.us]
Sent: Monday, September 29, 2003 10:18 AM
To: 'Beril Kruger'
Cc: Breese, Edj Coale, Sherie
Subject: Administrative Appeal
Beril, I reviewed your filing of the administrative appeal and have
directed staff to establish the file. Please include an application fee of
$200 which you can submit with the outstanding additional amount for the
variances. I understand that Max has contacted you regarding the variance
fee tabulation and additional owed. Let me know if you have not been
informed.
As for scheduling, having just received the appeal notice last week, our
schedule would place this on the November meeting. Although we have an extra
week this month to prepare, and it is not a complex item, it will depend on
staff load in determining whether we can add an additional report to the
current agenda knocking of a month of the review time.
Let me know if you have any questions and I will keep you informed. Mike
1
Iff F--( -hk (
~f, Michael
From:
Sent:
To:
Subject:
Rumpf, Michael
Monday, September 29,200311 :35 AM
'Beril Kruger'
Gateway Texaco project
Beril, I was just reminded by staff working on your items that the administrative appeal awarded previously for the Texaco
expansion (of a non-conforming use) involved the request specifically for 600 feet. Your files should reflect this as well as
the approval letter which limits the approval/expansion to a maximum of 600 feet. Staff will be contacting you but I wanted
to give you a "heads up".
Mike
1
:eptemblr 23,!003 2:29 PM From: Beril Kruger r..~ Number: 561.265.4611 Page 1 of 2
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BE~ILKRlIGE1Y. l'
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Planning ~l Zoning CI)naulf:all1t
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Dedray 8.each, Floridr 334'~4
Tele hone: (fi61 2,95-4983 - Fa:c: (SEi1) 2SS..4lJ11 ,
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Fu ,~Cl.: 742-6259
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THE INFORMATION CONTAINED IN THIS FP,CSIMILE MES:iiAGE IS INTENDED O'~LY FOI~ THE UJI: ~
OF THE INDIVIDUAL OR ENTITY ,~BOV1I:. IF THE REA:)ER elF THI:S Mr:S3~,(iE IS UCl THE !If
INTENDED RECIPIENT, YOU ARE Hi::REBY NOTIFIED TH.:\T ANI( [)le;~iEMINi\TI()N, 01 S1FIBUTIC N i
OR COPY OF ~IS COMMUNICATION IS STRICTLY PFlOI,IIBITE:O. w veiL loA"': RECEI'J ::0 T.il ;
COMMINICATION IN ERROR, PLEAS!: IMMEOIATEL Y N011FY US AT (58'1) 2115-4i183, ~.NI) I~ET Jfl/
THE ORIGINAL MESSAGE TO WI AT THE ABOVE .A.D[lRESS ViA UNITI:C SPITES PO iTAL,
SER\I'CE. THAN~: y,;)u. ~I
II_II _I______.'__'__I'_'_'ID.,.
':eptembl r 23, !003 2:29 PM From: Beril Kruger ,...~ Number: 561.26~~1611 Page 2 (If 2
l.t~lrill kr....er planning and zoning cl;)nSultcllnls
September 26, 2003
Mr. Michael Rumpf, Director
Boynton Beach Planning & Zoning Dept.
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
RE: Request for Administra1ive Waiver Sidewi:lk
Marouf's Car Wash/Gat'~lway Texaco
Dear Mr. Rumph:
I received a letter from H. Da',dd Kelly, Jr., City Engilleer da":ed SeCltembf! 23
2003 denying my request for 3 sidewalk waive' for ooth th, GatEway Tr~ (act)
and Marouf's Carwash. I W,;IS infr:>rmed in thi!l letter tlHt I C )lll:1 appe; thf:
Engineering Department's denial to:he 13oynton Beac h City C'Jrlr1 :5sioll.
Please let this letter serve as notic', of my app =:al t<) 'thl3 B:) fr t<lr I Bee ell Cit\'
Commission, the decision of the Boyrton Bea:h Engineer ng [IE l)artrnE:llt t(1
deny my request for a sidewEI k weiver. I requl;!st that this v/Eiver be br~ lAgh:
before the Commission at OUt Publi:: HE!aring orl October 21,20')3. I wi:,h t(l
address the Commission on th s ma tter.
9 northeast 16th stfilet .. delray bE ~ch. florldll 334~4
(5611 265.4983 * fu 15611 ;Z65-461' * Q.nail: bkrugar@b }1I10U :~.net
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The City of Boynton Beach
p.D. Box 310
Boynton Beach, Florida 33425-0310
PUBLIC WORKS DEPART11/IENT
FAX: (561) 742-6285
www.boynton-beach.org
OFFICE OF THE CITY ENGINEER
September 23,2003
Beril Kruger
Beril Kruger Planning & Zoning Consultants
9 NE 16th Street
Delray Beach, FL 33444
RE: Request for Administrative Waiver
Sidewalk
Marouf's Car Wash
Dear Mr. Kruger:
We are in receipt of your request for an Administrative Waiver for sidewalk placement.
Upon consideration and review of the plans we find we cannot approve your request. If desired, you
may appeal this request to the City Commission.
If you have questions or need additional information please feel free to contact Laurinda Logan, P.E.,
Senior Engineer, at (561) 742-6482_
Sincerely,
16.lHtv~U. '~
06t'.
H. David kelley, Jr., .E./P.S.M.
City Engi~~r---
LUck
Xc: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail)
Michael W, Rumpf, Director, Planning & Zoning
Ed Breese, Principal Planner, Planning & Zoning
File
Americas Gateway:o tiN, Gulfstream
Duncan, Arlette
From:
Sent:
To:
Cc:
Subject:
Rumpf, Michael
Monday, September 29,200310:01 AM
Duncan, Arlette
Tucker, Patricia
pull two files
Arlette, please researcjytWo files processed in the past. One is maybe 1 to 2 years old, the other is less than 1 year old.
They are both ADAP.s which are administrative appeals. One was for the Boynton Landings banners, the other for the
Gateway Texaco gas station. Thanks, MR.
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Iteril kr..tler pic ,ing and zoning consult lts
August26,2003
Mr. Michael Rumph, Director
Boynton Beach Planning & Zoning Dept.
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
RE: MAROUF CAR WASH - SIDEWALK WAIVER
LAS PALMAS AVENUE, BOYNTON BEACH
Dear Mr. Rumph:
I am requesting a Sidewalk Waiver from the requirement to construct a sidewalk
along the front of the proposed Maroufs Car Wash on Las Palmas Ave. There
are no sidewalks on either side of Las Palmas Avenue from the intercoastal
waterway west to U.S. Highway 1.
If and when sidewalks are constructed on this street, the owner will then construct
a sidewalk.
CC: Zuhair Marouf
9 northeast 16th street * delray beach, florida 33444
(561) 265-4983 * fax (561) 265-4611 * e-mail: bkruger@bellsouth.net
rezonirJ
concurrency
conditional
use,
special
exceptions,
ORe approval
site plans
annexations
comp plan
amendments,
variances
(county, state,
municipal)
abandonments
palm beach
broward
dade &
all counties
& cities
in florida
,""-,,,~-"
PROJECT NAME: MaroutJs Car Wash & Gateway Texaco
LOCATION: 2360 North Federal Highway
PCN:
I FILE NO.: ADAP 03-001 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER:
Beril Kruger ADDRESS:
ADDRESS: 9 NE 16th Street PHONE:
Delray Beach, FL 33444 FAX:
PHONE: 265-4983
FAX: 265-4611
Date of submittal/Proiected meetin2 dates:
SUBMITTAL / RESUBMITT AL 9/26/03
1 ST REVIEW COMMENTS DUE: N/A
PUBLIC NOTICE: N/A
TRC MEETING: N/A
LAND DEVELOPMENT SIGNS POSTED N/A
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD N/A
MEETING:
COMMUNITY REDEVELOPMENT N/A
AGENCY BOARD
CITY COMMISSION MEETING: N/A
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\Gateway Texaco\ADAP 03-001 \2003 PROJECT TRACKING INFO.doc
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
- Building - Planning & Zoning - Occupational Licenses _ Community Redevelopment
October 23.
,2002
Mr. Beril Kruger
9 NE 16th Street
Delray Beach, Florida 33444
Re:
For:
File No.
Location:
Gateway Texaco
Administrative Appeal
File No. ADAP 02-001
2360 North Federal Highway
Dear Mr. Kruger:
Enclosed is the City of Boynton Beach Development Order for application item ADAP
02-001, which represents approval for the appeal of administrative determination,
therefore allowing the proposed expansion of the Gateway Texaco station by no more
than(600 square feet)for dry storage of retail merchandise. The City Commission
approved this appeal on October 15,2002.
Please contact this office at (561) 742-6260 to discuss the process for proceeding with the
desired improvements.
Sincerely,
'~G
Michael W. Rumpf
Director of Planning & Zoning
MRW:AD
Attachment: Development Order
S:IPlanntng\SHAREDIWPIPROJECTS'Gateway TexacolApproval t'orm ktter after CC.doc
City of Boynton Beach · 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-<>310
Phnn".' 1<;~1\ 7A,) c"'en . "_u.. _',
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DEVELOPMt.':. ORDER OF THE CITY COM MIS .oN OF THE
, CITY OF BOYNTON BEACH, FLORIDA
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PROJECT NAME: GATEWAY TEXACO (ADAP 02-001)
APPLICANT'S AGENT: Beril Kruger
APPLICANT'S ADDRESS: 9 NE 16th Street., Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 17, 2002
TYPE OF RELIEF SOUGHT: Administrative Appeal
LOCATION OF PROPERTY: 2360 North Federal Highway
DRAWING(S): SEE EXHIBIT "A", "B", "C", "0", "E" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4.
The Applicant's application for relief is hereby
X- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the prope~\IWi'ffll)1 be made in accordance with the terms
and conditions of this order. ~,\\\\\\ '-( NT 0 IIII////.
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DATED:
J:\SHRDA T A\Planning\SHAREO\WP\FORMS\B
Revised.doc
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EXHIBIT 0
July 31,2002
-
- - -
iVlr, i'vlichael vV. Ru mpf, Director
Planning and Zoning Department
City of BO'/nton Beach
100 East Boynton Beach Blvd.
P.Q,Box310
Boynton Beach, FL 33425.0310
RE: Expansion of Texaco Gas Station at 2360 N. Federal Highwa'l
Dear Mr. Rumpf:
Please let this letter serve as a request to appeal your decisions to the Cit,!
Commission regarding an addition at Gateway Texaco, 2360 N. Federal Highway,
A. Expansion of the Texaco Convenience Store (with Fuel Pumps) for dry storage;
1. The expansion of the convenience store (by an addition to rear of 600 sq. ft.)
for dry storace only does not increase the non-conformity of the existing
facility and or its current use. The sale of gasoline (non-conforming use
according to the Boynton Beach Zoning Code) at this location will not be
increased. Many people shop at this convenience store that do not purchase
gasoline. We are ready to show the difference in sales between the
customers just purchasing gas, just purchasing groceries and purchasing gas
and groceries.
The closest grocery store to this location is the Winn Dixie at Hypoluxo Road and
U ,So Highway 1, which is over a mile away. This convenience store is located
within a short distance to numerous residential subdivisions along the east and west
side of N. Federal Highway between the C-15 Canal and Hypoluxo Road. The
location of this convenience store makes it very convenient for these people to shop
at this store who do not need gasoline. Many people just shop in this store to
purchase milk, cigarettes, soda, and other products where if this convenience store
were not here, they would have to drive up to Hypoluxo Road to the Winn Dixie,
using unnecessary gas, putting additional traffic on the roads, and polluting the air
needlessly. Many people living in this area come to the convenience store by bicycle,
It would be doing a disservice not to aI/ow the addition on the rear of this building for
dry storage only.
Building an addition on the rear of the convenience store just for dry storage is not
only a necessity for Mr. Marouf, but it may possibly cause him to go out of business
if it is not allowed. Mr. Marouf had purchased a trailer, which is parked adjacent to
9 northeast 16th street · delray beach, florida 33444
(5611265.4983. fax (561) 265-41311 · e-mail: bkruaer(a)hp/l<:n"rh not
re.::: - ~::g
conc~r,ency
conditional
use,
special
exceptions,
ORC approval
site plans
annexations
comp plan
amendments.
variances
(county, state,
municipal)
abandonments
palm beach
broward
dade &
all counties
& cities
in Florida
I
1\o1,r. I\olic3el IN, Rumpf, Director
,:Ja',jc 2
J I... ! '! 3 1 , :2 I'] C 2
the parking area south of the buiicing. The only purpose for this trailer is to store
sodas (An existing Code Enforcement Violation described below), There is not
enough room in the "building to store tr:e soda and that is the reason the addition is
being requested, vVithout this additional square footage to store soda, a lar~e par:
of the bUSiness will be lost. Gas sales ma'! not be discontinued but the convenience
store ma'! be forced to cease operation,
Along vvith tr,e addition for storage on the rear of the convenience store, Mr, r,larouf
will be renovating the exterior of the building to better fit in INlth the character of t::e
residential neighborhoods surrounding this propeny Our Architect is current:'!
working on the elevations for the building,
VIOLATION:
I'v1r, Marouf currently has a violation be rare the Code Enforcement Board, Case:; 1-
1450, Notice Date: June 18, 2001, with a running fine. The violation is for: PT-
LDR.CH2. SEC. 6.C.6. (.3 / EXTERIOR DISPLAY / STORAGE; "STORAGE OF
MERCHANDISE IN THE TRAILER IS NOT PERMITTED." "TRAILER MUST BE
REMOVED." The trailer is being used to store soda. It is not plugged in to
electricity nor does it have an operating refrigeration unit.
The enclosed site plan illustrates where the addition will be located and how the
additional parking spaces will be laid out. Therefore, the Texaco Convenience Store
will not lose parking spaces but gain spaces with the addition for dry storage on the
rear of the building
The only other alternative to allow the expansion of the convenience store for dry
storage and change the convenience store with gas sales to conforming would be to
change the Zoning Code to allow gasoline sales on intersections with other than just
four (4) lanes in both directions. We do not want to do this because of the
ramifications to the entire city by allowing of all of the other gasoline selling
establishments to become conforming.
By allowing the convenience store to expand for dry storage only will not Increase
gas sales and therefore will not increase the non conformity of this use.
Sincerely, /""
-; // " L-
/'-:-::~
Ber:1 K'Ll!ger
oJ
/
SENT BY FACSIMILE AND U.S. MAIL