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APPLICATION PROJECT NAME: Woolbrigut Plaza LOCATION: SW corner of Woolbright Rd and Congress Ave. PCN: I FILE NO.: ZNCV 02-009 I TYPE OF APPLICATION:Code Variance AGENT/CONTACT PERSON: OWNER: Veronica Motiram Press Tompkins, HPT Consultants, Inc. PHONE: PHONE: 561-998-0955 FAX: FAX: 561-997-5721 ADDRESS: 1609 S. Congress Ave ADDRESS: 3350 NW Boca Raton Blvd. Boynton Beach, FL. 33421 Suite B-38 Boca Raton, FL 33431 Date of submittal/Proiected meetin2: dates: SUBMITT AL / RESUBMITT AL 5/22/02 1 ST REVIEW COMMENTS DUE: N/A PUBLIC NOTICE: 8/12/02 TRC MEETING: N/A PROJECTED RESUBMITTAL DATE: N/A ACTUAL RESUBMITTAL DATE: N/A 2ND REVIEW COMMENTS DUE: N/A LAND DEVELOPMENT SIGNS POSTED N/A (SITE PLANS): PLANNING & DEVELOPMENT BOARD 8/27/02 MEETING: COMMUNITY REDEVELOPMENT N/A AGENCY BOARD CITY COMMISSION MEETING: 9/3/02 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\Woolbright Plaza\ZNCV 02-009\2002 PROJECT TRACKING INFO.doc City Codes Accessed Via Website www.boynton-beach.org www.amlegal.comlboynton_beach_tl.us Has applicant attended a pre-application meeting? Date CITY OF BOYNTON BEACH PLANNING & ZONING DIVISION CODE VARIANCE APPLICATION '1 :, I , . ~, L- 22 SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND SUBMITTAL DATES: Please Print (in ink) or Type Submittal Date: The undersigned owner(s) hereby respectfully petition(s) the City Of Boynton Beach to grant to petitioner(s) a special exception or variance to existing code of said City pertaining to the property hereinafter described and in support thereof state(s): Property involved is described as follows: Lot( s) ~ ~ \.J O(::)L.e.R.J c..uT ~'C.t> Block Subdivision Plat Book .3 8 Property Address \ lc:. 0 ~ Page G:.:':>.. G4- or otherwise described as follows: ~. ~ en rLE:..S~ t:::>"E: PCN Number D b-Cl..~ - d-S - ~\ - \l-~L- ao~ Variance requested including code chapter and section, existing code standards (Le. setback distance, number of required parking spaces etc.), requested standard and the variance (existing code standard minus requested standard). SE.E: t::>TTt::>~C;0 The following documents are required to be submitted with this application to form a single package. Incomplete package will not be accepted: 1. Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months old, indicating: A. All property lines B. North arrow C. Existing structures and paving D. Existing elevations E. Rights-of-way, with elevations F, Easements on or adjacent to the site G. Utilities on or adjacent to the site H. Legal Description I. Number of acres to the nearest one-hundredth (1/100) of an acre HPT CONSULTANTS, INC. 3350 N,W. Boca Raton Blvd, Suite B-38 Boca Raton, FL 33431 Tel 561-998-0955 Fax 561-997-5721 lZI.1ail. hl"t~!lH@'~!lri8a8igital.Het PROFESSIONAL ENGINEERING LAND DEVELOPMENT . SITE EVALUATION . COVERNMENTAL . PERMITTING . TRAFFIC ANALYSIS & CONCURRENCY . PROJECT MANAGEMENT . ENVIRONMENTAL May 15, 2002 City of Boynton Beach Department of Development Planning and Zoning Division 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 RE: Woolbright Plaza Variance Request Request variance from Chapter 2, Section 4.L (Buffer Walls); existing code requirement: where a commercial and/or industrial district abuts a residential district, a solid, stucco masonry wall painted on both sides at least six (6) feet in height shall be located within the required side and/or rear yards except with respect to comer lots, said buffer walls shall be required only on interior lot lines, Said buffer walls shall not abridge any easement rights or be constructed over any existing utilities in any easement area and shall be setback two (2) feet from adjoining lines. Variance request is to delete the requirement for the six (6) foot buffer wall along the north 276.96 feet of the west property line due to existing utilities being placed around the perimeter of the site where the wall would have to be placed. A landscape betterment plan has been presented to the City to buffer the residential property from the commercial property, The closest residential property is approximately 600 feet to the west as there is a lake separating the residential property from the commercial property. Zoning Code Variance Application J. Location sketch of property K. Surveyor's Certificate 2. Two site plans properly dimensioned and to scale showing: A. All proposed structures B. All existing structures that are to remain on site C. Setback lines for all structures drawn perpendicular from the property lines to the closest vertical wall of structures D. Use of each structure (or uses within multiple occupancies) E. Use of adjacent properties including right-of-way lines for all streets and alleys, sidewalks, turn lanes and driveways F. Elevations of the lowest finished floor of all structures on the site 3. Certified list of names and post office addresses of property owners and legal descriptions of their property within 400 feet of subject property, as recorded in the County Courthouse, including a tax map showing placement of 400 feet boundary. Such list shall be accompanied by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is complete and accurate, as well as addressed envelopes and postage (1st c1ass--stamps or payment for required postage). 4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement. If an agent is submitting the petition, a notarized copy of a letter designating him as such must accompany the petition, 5. Statement of special conditions, hardships or reasons justifying the requested exception or variance, Respond to the six (6) questions below (A-F) on a separate sheet (Please print or !YQgt A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; B. That the special conditions and circumstances do not result from the actions of the applicant; C. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district; D. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; E. That the variance granted is the minimum variance that will make' possible the reasonable use of the land, building or structure; F. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. 2 HPT CONSULTANTS, INC, 3350 N,W, Boca Raton Blvd, Suite B-38 Boca Raton, FL 33431 Tel 561-998-0955 Fax 561-997-5721 ltsuil hl!t~Bft@RBliaaaibit.ll.l'llt PROFESSIONAL ENGINEERING LAND DEVELOPMENT . SITE EVALUATION . GOVERNMENTAL . PERMITTING . TRAFFIC ANALYSIS & CONCURRENCY . PROJECT MANAGEMENT . ENVIRONMENTAL May 15,2002 City of Boynton Beach Department of Development Planning and Zoning Division 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 RE: Woolbright Plaza Variance Request VARIANCE JUSTIFICATION A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Response: This site was previously platted and utilities were placed around the perimeter of the site in order to supply water and sewer for future development. By placing these utilities along the perimeter of the site, this precluded the placement of the buffer wall along the required property line. This is unique to this site and serves as a special circumstance, B. That the special conditions and circumstances do not result from the actions of the applicant. Response: The applicant purchased the property in March of 1996, the property was platted and the improvements were installed prior to this date, therefore actions of the applicant did not create this special circumstance, C. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district. Response: The granting this variance would not confer any special privilege as the circumstance that created the problem is unique to this site and does not affect any other properties located within the same zoning district. D. That the literal interpretation of the provisions of this chapter would deprive the applicant of the rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant. Response: A literal interpretation of the Ordinance would be an unnecessary and undue hardship on the applicant as the requirement for the wall with the location of the existing utility easement would severely restrict the site plan for this parcel. This variance would deprive the applicant of the rights commonly enjoyed by other properties; ie other properties would be able to development their sites at the allowed building coverage and parking requirement and this site would have to reduce building coverage and parking to accommodate the buffer wall and the existing utility easement. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Response: The variance requested is the minimum that will make possible the reasonable use ofthe land. The variance is only for the north 276.96 feet of the west property line. The remaining 251.16 feet of the west property line will have the wall constructed as there is no conflict with existing utilities. F. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Response: The granting this variance will not be injurious or otherwise detrimental to the public welfare. The required wall is a separation between commercial and residential uses. The location of this required wall will not affect the adjacent residential property as there is a separation in excess of 600 feet due to a lake within the residential property and the wall would be on the back side of the commercial property and would not be easily seen from either Congress Ave, or Woolbright Road. \, Zoning Code Variance Application 6. An application fee in the amount of $400.00 plus postage, payable to the City of Boynton Beach, must accompany a completed application. The $400.00 application fee covers a request to vary one (1) section of the Code. Seeking relief from more than one section of the Code will require payment of $100.00 for each additional Code section. 7. Name and address of owner: '\/EJ2.~\J \ c.~ MeTI 'e...t:::."1 \ L.:. D ~ ~. c....~N<..:.Q:C;&.:::. b-I'C.. e:,,':::~"'1N'"fC~ ~/.;::.L.'<-.1 ~, 3'&4. ~, 8. Name of applicant: \-\ P~Mf"'Lllo..J ~f ~"- ", H PT c..U\J. &'-.)'-\C~, \ t-.J<.., 9. Applicant's address: ~65~ ",...1\"",, e::.~~ R.P~o..,) B'-~o, ~B-3.~ 1&Dt.J;::. ~TC..J / FL. &~ cL ~I Applicant's phone #: '5C\ - ~ ~ 'C - D ~-s~ Date: '5 - \ (:) - 'C) 1.. Signature of Applica 10. Representative of the project must be present at all Technical Review Committee, Planning and Development Board or Community Redevelopment Agency Board and City Commission meetings held to review this project. CERTIFICATION TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE APPLICANT'S PROPERTY. All applications received by the City of Boynton Beach shall be accompanied by the list with names and addresses of all property owners within four hundred (400) feet of the subject property, and addressed envelopes. Applications will not be accepted without these mailing labels. CONT ACT:P ALM BEACH COUNTY PROPERTY APPRAISERS OFFICE ATTN: MAPPING DIVISION 301 North Olive Avenue West Palm Beach, Florida Phone: (561) 355-2881 FAX: (561) 355-3881 updated 10/16/01 J:ISHRDA T AIPlannlnglSHAREDlWPIFORMSIAPPLICA TIONS\ZNCV\ZNCV application with PCN.doc 3 . . , I Palm Beach County Property Appraiser Pro~,,1.Y Search System http://www.co.palm-beach.~papaldetaiUnfo.asp?p_entity=084... Owner Name MOTIRAM VERONICA R Owner Information Situs Address 1609 CONGRESS AVE Parcel Control Number 08-43-45-31-17-002-0000 Confirmation Information Subdivision: WOOLBRIGHT PLAZA Book: 09167 Page: 1226 Sale D t Mar-1996 a e: Mailing 1609 S CONGRESS AVE Address: Legal: WOOLBRIGHT PLAZA TRACT B BOYNTON BEACH FL 33426 6543 2001 Certified A raisal Improvement Value: Number of Units: o Land Value: Total Sq. Ft: Market Value: Acres: Use Code: Description: Petition No: 000000 ... ..'!':"p::~M~..~~~!t~...,~.:~'.,:...;.;:::;.":;:,:.":....!.::.::::.;:...:.:..:;:;:'::\:;._.....;{Q~~mm:;~~!~.::~.::rl~~~.,~::~~~i Ad Valorem: $29,479.44 Assessed Value: $0,00 I M(tre... Non ad valorem: $615.97 Exemption amount: Total: $30,095.41 Taxable: $0.00 2001 Exemption Description: Exemption Holder: Code: IMore...-.J Percentage: Sales Date Book Mar-1996 09167 Pae:e 1226 Sales Information ~ Instrument $965,000 WD Owner .. AFFIDAVIT COUNTY OF PALM BEACH ) ) ) S,S. STATE OF FLORIDA BEFORE ME THIS DAY PERSONALLY APPEAREDH.1=?\C"^p\u~..)~WHO BEING DULY SWORN, DEPOSES AND SAYS: That the accompanying Property Owners List is, to the best of his knowledge, a complete and accurate list of all property owners, mailing addresses and legal descriptions as recorded in the latest official tax rolls in the County Courthouse for all property with Four Hundred (400) feet ofthe below described parcel ofland. The property in question is legally described as follows: SEE ATTACHED EXlllBIT "A" FURTHER AFFIANT SA YETH NOT, ~ Sworn to and subscribed before me this -.It= day of~ A.D" 20<J1... Notary Public State of Florida at Large My Commission Expires: __ 20 .."*~:Of~"",, Peggy 8, Schulman f:"1'ib.~f: MY COMMISSION # CC843794 EXPIRES ~~:.~':Jff July 2, 2003 "l,~p"'F-p.,'t-"'<-' BONDED THRU T110YFAIN INSURANC~ INC I 'ifill' /j V ) ,------ /i 1 /7) J .~ /' J116 (~_-i~~"d>/C-?e7L-