REVIEW COMMENTS (ZNCV 03-013)
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-226
STAFF REPORT
TO:
Chair and Members
Community Redevelopment Agency and City Commission
FROM:
Michael W. Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP y J ___
Planner C
October 6, 2004
THRU:
DATE:
PROJEcr NAME/NO:
Gateway Shell Variances (fka Gateway Texaco)
Building setback variance ZNCV 03-013
REQUEST:
Relief from the City of Boynton Beach Land Development Regulations, Chapter
2, Zoning, Section 11, Supplemental Regulations L.3.e. (3) requiring a twenty
(20) foot rear setback to allow a 10-foot variance, resulting in a rear setback of
10 feet for an addition to an existing gasoline dispensing establishment.
PROJECT DESCRIPTION
Property Owner:
SUAU Enterprises, Incorporated
Applicant/Agent:
Mr. Beril Kruger of Beril Kruger Planning & Consultants
Location:
2360 N. Federal Highway Boynton Beach, FL
Existing Land Use/Zoning:
Local Retail Commercial (LRC) / Community Commercial (C-3)
Proposed Land Use/Zoning:
No change proposed
Proposed Use:
681 square foot addition to gasoline dispensing establishment (limited to a
maximum of 600 square feet by Condition of Approval for appeal - ADAP 02-
001).
Acreage:
0.48 Acre (20,830 square feet)
Adjacent Uses:
(see Exhibit "A" - Location Map)
North:
Multi-family residential property, zoned Community Commercial (C-3);
South:
Right-of-way for Las Palmas Avenue, and farther south are single-family attached
townhouses under construction (The Harbors), zoned Infill Planned Unit Development
(IPUD);
East:
Vacant commercial lot zoned Community Commercial (C-3) currently under review for a
proposed car wash, and farther east is a single-family residential dwelling (part of Las
Palmas development), zoned Single-family residential, (R-l-AA); and
West:
Rights-of-way of U.s. 1 and the Florida East Coast Railroad, and farther west developed
Staff Report
Memorandum No PZ-04-226
Page 2
commercial property classified Local Retail Commercial (LRC) and zoned Neighborhood
Commercial (C-2).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and
its respective hearing dates. The applicant certifies that they posted signage and mailed notices in
accordance with Ordinance No. 04-007.
BACKGROUND
Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises, Incorporated is
requesting conditional use / major site plan modification approval involving a series of variance requests in order
to construct a 681 square foot building addition to an existing gasoline dispensing establishment. The applicant
is also proposing new parking spaces, additional landscaping, and a general "make-over" of the exterior facades
of the existing building building and canopy. However, the number of gasoline pump islands and fueling
positions would remain unaltered.
The proposed building expansion is being considered for conditional use approval because gasoline dispensing
establishments are only allowed as conditional uses in the C-3 zoning district. Also, it should be noted that this
particular gas-station is a legal non-conforming use because it is currently a fully functional, operating, and
licensed gas station but does meet the locational criteria for gas stations as outlined by Chapter 2, Section
11.L.3.a.(2) of the Land Development Regulations. The aforementioned code requires gas stations to be located
only on parcels of land located at intersections "consisting of roads of four (4) lanes or wider"; Las Palmas is only
two (2) lanes wide.
In 2002, Mr. Beril Kruger, acting on behalf of Mr. Zuhair Marouf, expressed a desire to construct a building
addition to the existing gas station, in part, to satisfy outstanding code enforcement violations. He also proposed
direct access between the subject lot and the lot directly to the east (which was previously earmarked for a
mechanical car wash). The direct access was proposed in order to minimize vehicular traffic spilling onto Las
Palmas Avenue. Mr. Kruger's inquiries were based on the presumption that the proposed 681 square foot
expansion would be permitted (by right) and that direct access to the abutting lot (to the east) would only
require site plan review. However, after careful consideration, staff determined that the building addition would
not be permitted (by-right) because it would represent an unlawful expansion of a legal non-conforming use (a
gasoline-dispensing establishment). Furthermore, in response to Mr. Kruger's inquiries, on July 16, 2002, the
Director of Planning & Zoning issued an administrative determination letter that basically prohibited the applicant
from increasing the size of the gas-station building because by doing so, would constitute a violation of Chapter
2, Sections D and G of the Land Development Regulations. Regarding the direct access between lots, the
Director determined that the proposed driveway connection between the subject lot and the lot directly to the
east would be permitted subsequent to site plan review. However, the direct access would only be allowed
contingent upon the recordation of a legally binding cross-access agreement between the subject lot and the lot
directly to the east.
On July 31, 2002, Mr. Kruger submitted a formal appeal of the staff's aforementioned administrative
determination. According to the applicant, "in summary, the appeal justifies the proposed expansion by the
position that retail sales at this business is a separate component from the non-conforming aspect-gasoline
sales, which component can therefore be altered / expanded independent of the gasoline sales element of the
business". Again, staff disagreed with the applicant's position. However, the City Commission approved the
applicant's appeal but with the condition that the expansion would be limited to 600 square feet.
On June 17, 2003, Mr. Kruger submitted a request for conditional use / major site plan modification approval and
its accompanying variances for the construction of the building addition. Both staff and the CRA reviewed the
site plan and the variances and recommended approval contingent upon 43 conditions of approval, one of which,
Staff Report
Memorandum No PZ-04-226
Page 3
limited the buidling addition to 600 square feet. On October 21, 2003, the City Commission approved their
request for conditional use / major site plan modification and the accompanying variances. However, on
November 18, 2003, the City Commission rescinded their previous approvals. Most recently, on August 11, 2004,
Mr. Kruger re-submitted a revised request for major site plan modification and the accompanying variances. If
approved, the construction of the addition, parking lot, and fa~ade improvements would occur in one (1) phase.
It should be noted that the difference between this submittal and the original submittal as described above, is
that the proposed car wash on the abutting property (to the east) has been abandoned. As such, the drive aisle
that was to connect to the lot to the east has also been eliminated from the design.
As part of the major site plan modification process, the site has to meet all the requirments of the Land
Development Regulations or obtain relief if necessary. Mr. Beril Kruger is requesting relief from the above-
referenced Land Development Regulations, which requires a twenty (20) foot rear setback for builidngs in the
the C-3 zoning district. However, the proposed addition would encroach into the setback by 10 feet. Therefore,
a variance of 10 feet would be required for the proposed building addition.
ANALYSIS
The code states that the zoning code variance cannot be approved unless the board finds the following:
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 ordinance 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
[ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to
the public welfare.
Staff conducted the analysis focusing on the applicant's response to the above criteria contained in Exhibit "e" -
Marouf Shell Variances, which requires the request be initiated because of special conditions and circumstances
that are peculiar to the subject land, structure, or building, which are not the result of the actions of the
applicant, and that the request is the minimum variance that will make possible the reasonable use of the land,
building, or structure.
The subject request has been initiated in preparation for the construction of an addition to the existing gas
station business. The applicant desires to build along the rear of the original building leaving all mechanical
equipment in their existing location, which forces the encroachment into the rear seatback. The stepping back of
the addition from the rear of the existing structure to accommodate the mechanical equipment has generated
the circumstances. The subject property has been improved with a gas station business, and occupied since
1965. The fact that the applicant has the ability to construct at the appropriate setback line clearly demonstrates
that, criteria items "a" and "c" are not met. Further, since the necessity for the variance has been caused by the
proposed addition, condition "b" above is also not satisfied.
Staff Report
Memorandum No PZ-04-226
Page 4
The overall objective of the Land Development Regulations is to ensure the safety and welfare of the public by
providing regulations and standards in which to achieve consistent equitable developments. The proposed
addition would be setback approximately ten (10) feet from the rear property line, half of the distance required
by code. Furthermore, notwithstanding interior layout and design objectives, there currently exists nearly 34 feet
of depth to the rear property line when measured from the deepest dimension from the existing rear fac;ade. The
expansion could be as deep as 14 feet, and extend over 50 feet in length without encroaching into the rear
setback, if the mechanical equipment was relocated. To further support the potential for the expansion to be
designed to comply with setbacks, is the existing requirement that it (the proposed addition) be reduced in size
in order to comply with the City Commission's condition of approval from the administrative appeal. The granting
of this variance would be an acknowledgement that there exists no alternative in either the structure size or
location.
CONCLUSIONS/RECOMMENDATION
Based on a strict interpretation of the variance criteria, staff recommends that the request for relief from Chapter
2, Zoning, Section 11, Supplemental Regulations L.3.e. (3), requiring a minimum rear yard setback of 20 feet for
a gasoline dispensing establishment within the C-3 zoning district, to allow for a variance of 10 feet, and a rear
yard setback of 10 feet be denied, due to the lack of hardship, and due to the circumstance being created by the
actions of the applicant.
Should the subject request be approved, staff is recommending that the addition be limited to a maximum of 600
square feet as prescibed by condition of approval for appeal ADAP 02-001. Also, staff recommends that the
minimum height of new trees shall be 14 feet at the time of installation in order to provide the necessary
buffering along the north, south, and east sides of the project. Any additional conditions of approval added by
the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "D" -
Conditions of Approval.
MWRjelj
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-013 Building Setback\Staff Report ZNCV 03-013
Building Setback. doc
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ADDrnON AND AL TERA l10NS TO:
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2360 NORTH fEDERAL HIGHWAY
BOYlON BEACH. FLORIDA 33435
Landscape Plan
~XHIBIT 111 II
'I
EXHIBIT "c"
MAROUF SHELL VARIANCES
5/26/04
Chapter 2, Sec. II Supplemental ReQulations
L. 3. d. (1), (3), (4), Driveways
..
(1) No driveway shall be located less than One Hundred Ten (110')
feet from the intersecting right-of-way lines of public streets.
(3) Driveways shall be located less than thirty (30) feet from any interior
property line.
(4) Driveways will be limited to one per street frontage.
( 1 ) Request a variance from this section of the code as the site has only 140 LF
of frontage along N. Federal Highway and 123 LF of frontage on Las Palmas.
Therefore it would be impossible for any driveways to be 110' to meet this
current code.
(3) Due to the fact that this is an existing Gas Station and is only being upgraded
for looks, the driveways must stay in their current locations because the
traffic patterns ihave already been set and cannot be changed. Gasoline
Tankers must be able to enter and leave the premises from the existing
driveways.
(4) Due to the Gasoline Tankers entering and leaving and the location of the fillers
for the tanks, these driveways must remain in their current locations.
L.3.e. (3), Rear Setbacks
Rear Setbacks are required to be 20' and we are proposing only a 10' rear
setback.
L.3.e.(a). No Canopy shall be located less than 20' from the
property line
The Canopy is 9.5 feet from the front (west) property line. We are requesting a
10.5 foot variance to allow a 9.5 foot front setback for the existing canopy.
L.3.e. (b). No gasoline pump island shall be located less than 30' from any
property line.
The existing gasoline pump island is 19.8 feet from the front (west) property line.
The required front gasoline pump island setback is 30 feet so we are requesting a
variance of 10.2 feet from the front property line to allow the 19.8 foot gasoline
pump island setback.
. I:.
.
MAROUF SHELL V ARIANC
Page 2
EXHIBIT "C"
L. 3. f. (1) BUFFERS
A 10' wide landscape buffer shall be located along the street frontage. This
buffer shall contain one tree 10' to 15' in height with a minimum 3" caliper
every 30', a continuous hedge 24" high, 24" ole at time of planting with
flowering ground cover.
We do not have a landscape buffer along the westerly street frontage (N. Federal
Hwy.) so we are requesting a variance of 10 feet from the required 10 foot
landscape buffer.
The Landscape buffer we are proposing along the south street frontage (Las
Palmas) is only 5 feet with a requirement of 10 feet. We are therefore requesting a
variance of 5 feet for the 10 foot landscape buffer. We are requesting from the
Engineering Department to be allowed to landscape the area between property line
and the street.
L.4.b Buffers (Interior Property Lines)
(a) A 5' wide landscaped buffer shall be located on all interior property
lines. When the buffer separates the property from other commercial
property, the buffer shall not be required to contain a concrete wall.
Landscaping shall be continuously maintained.
~ ~~1f ~.C'.~~ ilL/ I t!i2 ;JIU d~/2-
BOy/l[t Bfg&€'~f&d1hances ~ / \. 0 ~
Part III Land Development Regulations V /-- LI'/ /y / ~/
SIGNS .-
Chapter 21, Article III,
Sec. 5. Setbacks.
All signs must meet a minimum ten (10) foot setback measured from the
property line to the closest surface of the sign.
The existing sign is currently 8.5 feet from the south property line and 5 feet from
the west property line. Therefore we are requesting a 1.5 foot variance for the
south setback and a 5 foot variance for the west property lines
.~
EXHIBIT "D"
Conditions of Approval
Project name: Gateway Shell (fka Gateway Texaco)
File number: ZNCV 03-013 Building Setback
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments:
1. If approved, the minimum height of new trees shall be 14 feet at the time of
installation in order to provide the necessary buffering along the north, south,
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
and east sides of the project.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Comments:
2. To be determined.
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
3. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-013 Building Setback\COA Building setback
ZNCV 03-013,doc
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-227
STAFF REPORT
TO:
Chairman and Members
Community Redevelopment Agency and City Commission
FROM:
Michael W. Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP 7- .L--
Planner V
October 6, 2004
THRU:
DATE:
PROJECT NAME/NO:
Gateway Shell Variances (fka Gateway Texaco)
Canopy and Gasoline pump islands setback variances ZNCV 03-014 and
03-015
REQUEST:
Relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (a) requiring
that no canopy shall be located less than twenty (20) feet from any property
line to allow a 10.5-foot variance, resulting in a distance of 9.5 feet for an
existing canopy for a gasoline dispensing establishment;
Relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (b) requiring
that no gasoline pump island shall be located less than thirty (30) feet from
any property line to allow a 10.2-foot variance, resulting in a distance of 19.8
feet for an existing gasoline pump island for a gasoline dispensing
establishment.
PROJECT DESCRIPTION
Property Owner: SUAU Enterprises, Incorporated
Applicant/Agent: Mr. Beril Kruger of Beril Kruger Planning & Consultants
Location: 2360 N. Federal Highway Boynton Beach, FL
Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3)
Proposed Land Use/Zoning: No change proposed
Proposed Use: 681 square foot addition to gasoline dispensing establishment (limited to a
maximum of 600 square feet by Condition of Approval for appeal - ADAP
02-001).
Acreage: 0.48 Acre (20,830 square feet)
Adjacent Uses:
(see Exhibit "A" - Location Map)
Staff Report
Memorandum No PZ-04-227
Page 2
North:
A multi-family residential property, zoned Community Commercial (C-3);
South:
Right-of-way for Las Palmas Avenue, and farther south are single-family attached
townhouses under construction (The Harbors), zoned I nfi II Planned Unit
Development (IPUD);
East:
Vacant commercial lot zoned Community Commercial (C-3) currently under review
for a proposed car wash, and farther east is a single-family residential dwelling (part
of Las Palmas development), zoned Single-family residential, (R-1-AA); and
West:
Rights-of-way of U.S. 1 and the Florida East Coast Railroad, and farther west
developed commercial property classified Local Retail Commercial (LRC) and
zoned Neighborhood Commercial (C-2).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request
and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in
accordance with Ordinance No. 04-007.
BACKGROUND
Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises, Incorporated is
requesting conditional use / major site plan modification approval involving a series of variance requests in
order to construct a 681 square foot building addition to an existing gasoline dispensing establishment. The
applicant is also proposing new parking spaces, additional landscaping, and a general "make-over" of the
exterior facades of the existing building and canopy. However, the number of gasoline pump islands and
fueling positions would remain unaltered.
The proposed building expansion is being considered for conditional use approval because gasoline
dispensing establishments are only allowed as conditional uses in the C-3 zoning district. Also, it should be
noted that this particular gas-station is a legal non-conforming use because it is currently a fully functional,
operating, and licensed gas station but does meet the locational criteria for gas stations as outlined by
Chapter 2, Section 11.L.3.a.(2) of the Land Development Regulations. The aforementioned code requires
gas stations to be located only on parcels of land located at intersections "consisting of roads of four (4)
lanes or wider"; Las Palmas is only two (2) lanes wide.
In 2002, Mr. Beril Kruger, acting on behalf of Mr. Zuhair Marouf, expressed a desire to construct a building
addition to the existing gas station, in part, to satisfy outstanding code enforcement violations. He also
proposed direct access between the subject lot and the lot directly to the east (which was previously
earmarked for a mechanical car wash). The direct access was proposed in order to minimize vehicular
traffic spilling onto Las Palmas Avenue. Mr. Kruger's inquiries were based on the presumption that the
proposed 681 square foot expansion would be permitted (by right) and that direct access to the abutting lot
(to the east) would only require site plan review. However, after careful consideration, staff determined
that the building addition would not be permitted (by-right) because it would represent an unlawful
expansion of a legal non-conforming use (a gasoline-dispensing establishment). Furthermore, in response
to Mr. Kruger's inquiries, on July 16, 2002, the Director of Planning & Zoning issued an administrative
determination letter that basically prohibited the applicant from increasing the size of the gas-station
building because by doing so, would constitute a violation of Chapter 2, Sections D and G of the Land
Staff Report
Memorandum No PZ-04-227
Page 3
Development Regulations. Regarding the direct access between lots, the Director determined that the
proposed driveway connection between the subject lot and the lot directly to the east would be permitted
subsequent to site plan review. However, the direct access would only be allowed contingent upon the
recordation of a legally binding cross-access agreement between the subject lot and the lot directly to the
east.
On July 31, 2002, Mr. Kruger submitted a formal appeal of the staff's aforementioned administrative
determination. According to the applicant, "in summary, the appeal justifies the proposed expansion by the
position that retail sales at this business is a separate component from the non-conforming aspect-gasoline
sales, which component can therefore be altered / expanded independent of the gasoline sales element of
the business". Again, staff disagreed with the applicant's position. However, the City Commission approved
the applicant's appeal but with the condition that the expansion would be limited to 600 square feet.
On June 17, 2003, Mr. Kruger submitted a request for conditional use / major site plan modification
approval and its accompanying variances for the construction of the building addition. Both staff and the
CRA reviewed the site plan and the variances and recommended approval contingent upon 43 conditions of
approval, one of which, limited the building addition to 600 square feet. On October 21, 2003, the City
Commission approved their request for conditional use / major site plan modification and the accompanying
variances. However, on November 18, 2003, the City Commission rescinded their previous approvals. Most
recently, on August 11, 2004, Mr. Kruger re-submitted a revised request for major site plan modification and
the accompanying variances. If approved, the construction of the addition, parking lot, and fa~ade
improvements would occur in one (1) phase. It should be noted that the difference between this submittal
and the original submittal as described above, is that the proposed car wash on the abutting property (to
the east) has been abandoned. As such, the drive aisle that was to connect to the lot to the east has also
been eliminated from the design.
As part of the major site plan modification process, the site has to meet all the requirements of the Land
Development Regulations or obtain relief if necessary. Mr. Beril Kruger is requesting relief from the above-
referenced Land Development Regulations, which directly relate to setbacks of existing structures. The first
component of the variance request relates to the existing canopy. The code requires canopies (of gasoline
dispensing establishments) to be located no less than twenty (20) feet from any property line. The canopy
is only 9.5 feet from the property line so therefore, a 10.5-foot variance would be required. The second
component of the variance request deals with the existing gasoline pump islands. The code requires
gasoline pump islands be located no less than thirty (30) feet from any property line. The gasoline pump
island is only 19.8 feet from the property line so therefore, a 1D.2-foot variance would be required as a
result of the major site plan modification request.
ANALYSIS
The code states that the zoning code variance cannot be approved unless the board finds the following:
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 ordinance would deprive the applicant of rights
Staff Report
Memorandum No PZ-04-227
Page 4
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
lancl building, or structure.
f. That the granting of the variance will be in harmony with the general intent and purpose of this
chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
Staff conducted the analysis focusing on the applicant's response to the above criteria contained in Exhibit
"C" - Marouf Shell Variances, which requires the request be initiated because of special conditions and
circumstances that are peculiar to the subject land, structure, or building, which are not the result of the
actions of the applicant, and that the request is the minimum variance that will make possible the
reasonable use of the land, building, or structure.
The subject request has been initiated in preparation for the construction of an addition to the existing gas
station business. The applicant desires to maintain the existing canopy and gasoline pump islands at their
current location, which do not conform to current setback requirements. The subject property has been
improved with a gas station business, and occupied since 1965. In order to meet minimum setbacks, the
canopy and gasoline pump islands would have to be relocated, which may be cost prohibitive or significantly
impact the business operation due to site constraints. Understanding that the structures exist and the
subject requests represent the minimum variances that will make reasonable use of an existing gasoline
dispensing establishment, and will not be injurious to the area, criteria items "e" and "f" appear to be
supported by the variance request.
The overall objective of the Land Development Regulations is to insure the welfare and safety of the public
by providing regulations and standards in which to achieve consistent equitable developments. Staff
understands that the proposed requests represent a modest distance to sustain existence of components
necessary and integral to the functions of the applicant's business. Although the pump island setback is in
part related to life safety, with physical barriers between the pumps and adjacent right-of-way, and modern
shut-off equipment, staff cannot measure the decrease, if any, in safety as a result of the pumps being
approximately 10 feet closer to the right-of-way than allowed by code.
CONCLUSIONS I RECOMMENDATION
Based on the analysis contained herein, Staff recommends that the requested variances be approved.
No conditions of approval are recommended; however, any conditions of approval added by the Community
Redevelopment Agency Board or the City Commission will be placed in the Exhibit "D" - Conditions of
Approval.
MWR/MD
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-014 to 03-015 Canopy & Gasoline\Staff
Report ZNCV 03-014 and 03-015 Canopy and gasoline pump Setback.doc
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PROPOSED ADDIT10N AND ALTERATION TO:
GATEWAY SHELL
CFORMERLY KNOWN AS GA~Y1'EXACO)
2360 NORTH FEDERAL HIGHWAY
BOYNTON BEACH. FLORIDA 33435
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2360 NORlH FEDERAL. HIGHWAY
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Landscape Plan
':XHIBIT 111 II
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EXHIBIT "C"
MAROUF SHELL VARIANCES
5/26/04
Chapter 2, Sec. II Supplemental ReQulations
L.3.d.(1), (3), (4), Drivewavs
Co
(1) No driveway shall be located less than One Hundred Ten (110')
feet from the intersecting right-of-way lines of public streets.
(3) Driveways shall be located less than thirty (30) feet from any interior
property line.
(4) Driveways will be limited to one per street frontage.
(1) Request a variance from this section of the code as the site has only 140 LF
of frontage along N. Federal Highway and 123 LF of frontage on Las Palmas.
Therefore it would be impossible for any driveways to be 110' to meet this
current code.
(3) Due to the fact that this is an existing Gas Station and is only being upgraded
for looks, the driveways must stay in their current locations because the
traffic patterns; have already been set and cannot be changed. Gasoline
Tankers must be able to enter and leave the premises from the existing
driveways.
(4) Due to the Gasoline Tankers entering and leaving and the location of the fillers
for the tanks, these driveways must remain in their current locations.
L.3.e. (3), Rear Setbacks
Rear Setbacks are required to be 20' and we are proposing only a 10' rear
setback.
L.3.e. (a). No Canopy shall be located less than 20' from the
property line
The Canopy is 9.5 feet from the front (west) property line. We are requesting a
10.5 foot variance to allow a 9.5 foot front setback for the existing canopy.
L.3.e. (b). No gasoline pump island shall be located less than 30' from any
property line.
The existing gasoline pump island is 19.8 feet from the front (west) property line.
The required front gasoline pump island setback is 30 feet so we are requesting a
variance of 10.2 feet from the front property line to allow the 19.8 foot gasoline
pump island setback.
'\
MAROUF SHELL VARIANC
Page 2
EXHIBIT "c"
L. 3. f. (1) BUFFERS
A 10' wide landscape buffer shall be located along the street frontage. This
buffer shall contain one tree 10' to 15' in height with a minimum 3" caliper
every 30', a continuous hedge 24" high, 24" ole at time of planting with
flowering ground cover.
We do not have a landscape buffer along the westerly street frontage (N. Federal
Hwy.) so we are requesting a variance of 10 feet from the required 10 foot
landscape buffer.
The Landscape buffer we are proposing along the south street frontage (Las
Palmas) is only 5 feet with a requirement of 10 feet. We are therefore requesting a
variance of 5 feet for the 10 foot landscape buffer. We are requesting from the
Engineering Department to be allowed to landscape the area between property line
and the street.
L.4.b Buffers (Interior Property Lines)
(a) A 5' wide landscaped buffer shall be located on all interior property
lines. When the buffer separates the property from other commercial
property, the buffer shall not be required to contain a concrete wall.
Landscaping shall be continuously maintained.
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Boy/lft Bfll1Patti(o;dYhances ~ / \ _ ~ ~
Part III Land Development Regulations if' ~ q//Y/~/
SIGNS '
Chapter 21, Article III,
Sec. 5. Setbacks.
All signs must meet a minimum ten (10) foot setback measured from the
property line to the closest surface of the sign.
The existing sign is currently 8.5 feet from the south property line and 5 feet from
the west property line. Therefore we are requesting a 1.5 foot variance for the
south setback and a 5 foot variance for the west property lines
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EXHIBIT "D"
Conditions of Approval
Project name: Gateway Shell (fka Gateway Texaco)
File number: Canopy and gasoline pump islands setback ZNCV 03-014 and 03-015
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
2. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New Shell\Variances (revised 2004)\03-014 to 03-015 Canopy & Gasoline\COA Canopy
and gasoline pump islands setback ZNCV 03-014 and 03-015.doc