AGENDA DOCUMENTS
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DEPARTMENT OF Dr:VELOPMENT
MEMORANDUM NO, PZ 03-226
FROM:
Janet Prainito
City Clerk 0-
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Michael W. Rumpf
Director of Planning and Zoning
TO:
DATE:
September 23, 2003
SUBJECT:
Gateway Texaco at 2360 N. Federal Highway
ZNCV 03-010 through 03-017,
ZNCV 03-023 and 03-024
Accompanying this memorandum you will find an application and supporting documentation for
the above-referenced cases. A check in the amount of $1300.00 for the variances to cover the
review and processing of this application has been forwarded to the Finance Department.
The legal advertisement for this request will be forwarded to your office after review by the City
Attorney. The requested variances are scheduled for the October 14, 2003 Community
Redevelopment Agency Board meeting, and the October 21, 2003 City Commission meeting.
Please advertise in the newspaper and send notice to property owners accordingly.
S:\Planning\SHARED\ WPIPROJECTS\Gateway Texaco\ZNCV 03-010 thru 03-017, ZNCV 03-023 and 03-024\Legal notice.doc
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following ai)plication has been made to the
COMMUNITY REDEVELOPMENT AGENCY BOARD of the CITY OF BOYNTON
BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the
zoning code of said City:
Owner:
SUAU Enterprises
Requests:
Relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental
Regulations L.3.d. (1) requiring parking lot driveways to be located
120 feet from the intersection of the right-of-way lines along
streets of higher classification to allow a 97- foot variance, resulting
in a distance of 23 feet, and to allow a 88-foot variance for a
second driveway, resulting in a distance of 32 feet from the
intersection of Federal Highway and Las Palmas Avenue for an
existing gas station business;
Relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental
Regulations L.3.d. (3) requiring that driveways shall not be located
less than thirty (30) feet from any interior property line to allow a
10-foot variance, resulting in a distance of 20 feet for an existing
gas station business;
Relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental
Regulations L.3.d. (4) requiring that driveways will be limited to
one (1) per street frontage to allow two (2) driveways along the
street frontage for an existing gas station business;
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 gas station business;
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 gas station business;
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 gas station business;
...
Relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental
Regulations L.3.l. (1) requiring a ten (10) foot wide landscape
buffer along the street frontage and to include one tree ten (10) to
fifteen (15) feet in height with a minimum three-inch caliper every
forty (40) feet, a continuous hedge twenty-four (24) inches high,
twenty-four (24) inches on center at time of planting with
flowering groundcover to allow a variance of 10 feet, resulting in a
zero (0) landscape buffer along the street frontage for an existing
gas station building;
Relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental
Regulations L.3.f. (2)(a) requiring a ten (10) foot wide landscape
buffer on all interior property lines to allow a variance of 5 feet,
resulting in a five (5) foot buffer for an existing gas station
business;
Relief from the City of Boynton Beach Land Development
Regulations, Chapter 21, Signs, Article III. Section 5 requiring all
signs must meet a minimum ten (10) foot setback from the
property line to the closest surface of the sign to allow a five (5)
foot variance from the property line, resulting in five (5) foot
setback for an existing gas station business;
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 7.5, Environmental Regulation,
Article II Section 3, B. 4., to allow parked vehicles to encroach two
and one-half (2.5) feet into the rear five (5) foot landscape buffer
area required by code for an existing gas station business in a C-3
zoning district.
Location:
Gateway Texaco at 2360 N. Federal Highway, Boynton Beach, FL.
Legal:
That certain piece, parcel, or tract of land lying, being, and situate
in Palm Beach County, State of Florida and being more particularly
described as follows:
A portion of Lot 4, of Sam Brown Jr's Hypoluxo subdivision, as
recorded in Plat book 1, Page 81, of the Pub lie Records of Palm
Beach County, Florida, being more particularly described as
follows;
Commencing at the northwest comer of said lot 4; thence run S. 89
59' 27" E., along the north line of said Lot 4, for a distance of
94.78 feet to the point of beginning of the following described
parcel of land; thence continue S. 89 59' 27" E., along the north
line of said Lot 4 for a distance of 137.00 feet to a point; thence run
S. 7 20' 55" W., parallel to the said easterly right of way line of
U.S. Highway No.1, for a distance of 153.61 feet to a point on the
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north right of way line of Vista Herm ,,,a A n.:nue (Now called Las
Palmas Avenue as shown on the Plat of Las Palmas Park, recorded
in Plat book 25, at Page 242, of the Public Records of Palm Beach
County, Florida; thence run west along the sa;d north right of way
line of Vista Hermosa Avenue for a distance of 123.5 feet to a
point of curvature of a circular curve to the right; thence run
northwesterly and northeasterly along the arc of said circular curve
to the right, whose elements are a radius of 12 feet, and a central
angle of 97 20' 55" for an arc distance of 20.39 feet to a point of
tangency with the easterly right of way line of said easterly right of
way line of U.S. Highway No.1, for a distance of 140.00 feet more
or less to the point of beginning.
A PUBLIC HEARING BEFORE THE COMMUNITY REDEVELOPMENT AGENCY
BOARD WILL BE HELD RELATIVE TO THE ABOVE APPLICATION AT THE
COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD.,
BOYNTON BEACH, FLORIDA, ON TUESDAY, OCTOBER 14, 2003, AT 6:30 P.M.
All interested parties are notified to appear at said hearings in person or by attorney and be heard
or file any written comments prior to the hearing date. Any person who decides to appeal any
decision of the Community Redevelopment Agency Board with respect to any matter considered
at these meetings will need a record of the proceedings and for such purpose may need to ensure
that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an
individual with a disability an equal opportunity to participate in and enjoy the benefits of a
service, program, or activity conducted by the City. Please contact Patricia Tucker (561) 742-
6268, at least twenty-four (24) hours prior to the program or activity in order for the City to
reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLAJ.~NING AND ZONING DIVISION
(561) 742-6260
PUBLISH: THE POST
September 30, 2003
...
REQUEST FOR PUBLISHING
LEGAL, .JTICES AND/OR LEGAL ADVER1. JEMENTS
A completed copy of this routing slip must accompany any request to have a Legal Notice or
Legal Advertisement published and must be submitted to the Office of the City Attorney two (2)
working days prior to the first publishing date requested below.
ORIGINATOR: Planning and Zoning Division
PREPARED BY: Michael Rumpf DATE PREPARED: September 23.2003
BRIEF DESCRIPTION OF NOTICE OR AD: Zoning Code Variances for SUAU Enterprises.
Relief from Land Development Regulations: Driveways distance from intersection. number of
driveways per street frontage. building rear setback. canopy setback. gasoline pump island
setback. landscape buffer width along street frontage. landscape buffer width at interior property
line. sign setback and vehicle encroachment into landscape buffer for gas station business in a C-
3 zoning district. Community Redevelopment Agency Board meeting to be held on October 14.
2003. at 6:30 p.m. at the Commission Chambers.
City Hall. 100 E. Boynton Beach Blvd.. Boynton Beach Florida.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Boarder, etc.) STANDARD LEGAL AD
SEND COPIES OF AD TO: All property owners (postmarked September 30, 2003) within 400
foot radius of the subiect property. applicant and Director of Planning and Zoning.
NEWSP APER(S) TO PUBLISH: The Post
PUBLISHED: September 30. 2003
LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.: September 26,2003
APPROVED BY:
(1) ~(J?~ I-
(Originator) . /.
(2)~~
(City Attorney)
7~ ~ U3
(Date)
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RECEIVED BY CITY CLERK:
COMPLETED:
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fohn Must be Tumed Requested City Commission Date Final Form Must be Tumed
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 5, 2003 July 14,2003 (Noon.) 0 October 7, 2003 September 15,2003 (Noon)
0 August 19,2003 August 4,2003 (Noon) ~ October 21, 2003 October 6, 2003 (Noon)
0 September 2, 2003 August 18, 2003 (Noon) 0 November 5, 2003 October 20,2003 (Noon)
0 September 16, 2003 September 2, 2003 (Noon) 0 November 18, 2003 November 3,2003 (Noon)
0 Administrative 0 Legal
NATURE OF 0 Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
~ Consent Agenda 0 Public Hearing
0 Code compliance/Legal Settlements 0 Unfinished Business
RECOMMENDATION: Please place this request on the October 21,2003 City Commission Agenda under
Consent Agenda. The Community Redevelopment Agency Board with a 4 to 2 vote, recommended that the subject request
be approved. For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 03-230.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Gateway Texaco (ZNCV 03-010, 03-011 and 03-012)
Beril Kruger, Planning & Zoning Consultants
SUAU Enterprises
2360 North Federal Highway
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section 11, Supplemental Regulations L.3.d. (1) requiring parking lot driveways to be
located 120 feet from the intersection of the right-of-way lines along streets of higher classification
to allow a 97-foot variance, resulting in a distance of23 feet, and to allow a 88-foot variance for a
second driveway, resulting in a distance of32 feet from the intersection of Federal Highway and
Las Palmas A venue for an existing gas station business; and
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section 11, Supplemental Regulations L.3.d. (3) requiring that driveways shall not be
located less than thirty (30) feet from any interior property line to allow a lO-foot variance,
resulting in a distance of 20 feet for an existing gas station business; and
Request for relieffrom the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section 11, Supplemental Regulations, L.3.d. (4) requiring that driveways will be limited
to one (1) per street frontage to allow two (2) driveways along the street frontage for an existing
gas station business.
S:\BUI,LETIN\FORMS\AGENDA ITEM REQL "EST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Page 2
Agenda Request Item
Gateway Texaco (ZNCV 03-010,03-011, and 03-012
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
City Manager's Signature
1L(J~ ti-
Planning and Zonin !ector
City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTSIGateway Texaco\ZNCY 03-010-03-017 ,23,24\Agenda [tern Request Gateway Texaco ZNCY 03-10,03-011,03-012
10-21-03,dot
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO, PZ 03-230
STAFF REPORT
TO:
Chairman and Members
Community Redevelopment Agency and City Commission
Michael W. Rumpf M~
Director of Planning and Zoning
THRU:
FROM:
Maxime Ducoste I ~
Planner I" '(l ,
DATE:
September 29,2003
PROJECT NAME/NO:
Gateway Texaco Variances
Driveway variances ZNCV 03-010, 03-011 and 03-012
REQUEST:
Relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (1) requiring
parking lot driveways to be located 120 feet from the intersection of the right-
of-way lines along streets of higher classification to allow a 97-foot variance,
resulting in a distance of 23 feet, and to allow a BB-foot variance for a second
driveway, resulting in a distance of 32 feet from the intersection of Federal
Highway and Las Palmas Avenue for an existing gasoline dispensing
establishment;
Relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (3) requiring
that driveways shall not be located less than thirty (30) feet from any interior
property line to allow a 1 O-foot variance, resulting in a distance of 20 feet for
an existing gasoline dispensing establishment;
Relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (4) requiring
that driveways will be limited to one (1) per street frontage to allow two (2)
driveways along the street frontage for an existing gasoline dispensing
establishment.
PROJECT DESCRIPTION
Property Owner: SUAU Enterprises
Applicant/Agent: Mr. Beril Kruger of Beril Kruger Planning & Consultants
Location: 2360 N. Federal Highway Boynton Beach, FL
Existing Land Use/Zoning: Community Commercial (C-3)/ Local Retail Commercial (LRC)
Proposed Land Use/Zoning: No change proposed
Proposed Use: 6B1 square foot addition to gasoline dispensing establishment (limited to a
maximum of 600 square feet by Condition of Approval for appeal - ADAP
Staff Report Driveway variances ZNCV 03-010, 03-011 and 03-012
Memorandum No PZ-03-230
Page 2
02-001 ).
Acreage:
0.4B Acre (20,B30 square feet)
North:
(see Exhibit "A" - Location Map)
Multi-family residential property, zoned Community Commercial (C-3);
Adjacent Uses:
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-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).
BACKGROUND
Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises Incorporated, is
requesting conditional use I major site plan modification approval to construct a 6B1 square foot addition to an
existing gasoline dispensing establishment. In addition, the applicant is proposing new parking spaces, a
new access drive that would lead to the property directly to the east, and a general "make-over" of the exterior
facades of the gasoline station building and canopy. The number of gasoline pump islands and fueling
positions would remain unaltered.
The proposed 6B1 square foot addition to the gas station is considered as a conditional use in the C-3 zoning
district. Also, the gas-station is a legal non-conforming use because it does not comply with Chapter 2,
Section 11.L.3.a.(2) due to the fact that gas stations may only be located at intersections "consisting of roads
of four (4) lanes or wider".
Earlier last year, 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 earmarked for
a mechanical carwash) in order to minimize vehicular traffic onto Las Palmas Avenue. These inquiries were
based on the presumption that the proposed addition would be allowed and that direct access would only
require site plan review. However, after careful consideration, staff determined that the addition would not be
permitted because it would represent an unlawful expansion of a non-conforming (a gasoline-dispensing
establishment).
To answer 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 doing it 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 could be permitted.
However, the direct access would only be allowed contingent upon the recordation of a legally binding cross-
access agreement.
On July 31, 2002, Mr. Kruger addressed a letter requesting a formal appeal of the aforementioned
administrative determination. According to the staff report, "in summary, the appeal justifies the proposed
Staff Report Driveway variances ZNCV 03-010,03-011 and 03-012
Memorandum No PZ-03-230
0"("<0 ~
expansion by the position that retail sales at this business is a separate component from the non-confonning
aspect-gasoline sales, which component can therefore be altered / expanded independent of the gasoline
sales element of the business. Staff disagreed with the applicant's position. The City Commission approved
the appeal with the condition that the expansion would be limited to 600 square feet. Therefore, this major
site plan modification and accompanying variance requests represent the applicant's continuing effort to
construct a building addition and mechanical car wash on the abutting property (see Exhibit lOB" - Site Plan
and Survey). If approved, the construction of the addition, parking lot, and fa<;ade improvements would occur
in one (1) phase.
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.The subject property, Gateway Texaco, owned by
SUAU Enterprises is located at 2360 N. Federal Highway. The agent, Beril Kruger is requesting relieffrom the
above-referenced Land Development Regulations, which requires that parking lot driveways be constructed
at least one hundred twenty (120) feet from streets of higher classifications.
The existing gas station business includes two (2), existing driveway entrances measuring 30 feet wide
providing ingress and egress along North Federal Highway and one (1) existing driveway entrance measuring
30 feet wide along Las Palmas Avenue. The southernmost entrance driveway on North Federal Highway is
located approximately 23 feet from Las Palmas Avenue, while the second driveway is located 103 feet from
Las Palmas and 20 feet from the interior property line (north property line). The existing driveway is located on
a major arterial (Federal Highway), therefore, the 120 foot separation from the intersection and interior
property line is required.
As indicated on the site plan associated with the proposed addition, the applicant is proposing to construct
a 6B1 square foot addition located at the rear (east side) of the existing gas station building along the east
property line (see Exhibit lOB" - Proposed Site Plan). The subject parcel is approximately O.4B acres in size
with approximately 153 feet of frontage along North Federal Highway, and 136 feet of frontage along Las
Palmas Avenue (see Exhibit "B" - Survey). The special lot conditions that exist are the short frontage
distance along the North Federal Highway right-of-way and, that the driveways are existing and necessary for
fueling tanker circulation. As such, limiting the site to one driveway access point on North Federal Highway,
at the minimum driveway separation of 120 feet, which meets site circulation needs is not feasible. If such
redesign could meet this standard and operational needs, it is likely that other deficiencies, and the need for
other variances would be generated.
ANAL YSIS
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.
Staff Report Driveway variances ZNCV 03-010,03-011 and 03-012
, Memorandum No PZ-03-230
Page 4
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 has conducted this review with the assumption that, based on the city's prior approval of the
administrative appeal acknowledging the increase in intensity of this non-conforming use, that the city is
aware of the potential of certain hardships and non-conformities associated with the site.
Staff also reviewed the requested variances focusing on the applicant's response to the above criteria
contained in Exhibit "C" - Statement of Special Conditions, as well as existing site restrictions, and proposed
design requirements. Staff has determined that site constraints at this location are a partial justification for
granting this variance. In order to satisfy the Land Development Regulations, the driveways along North
Federal Highway would have to be placed 120 feet from the intersection of Las Palmas Avenue. This
scenario would not leave the additional linear footage necessary to provide the 30-foot minimum driveway
width and the 30-foot minimum distance from the interior property line, as required by code. Further
complying with code would result in the elimination of both existing driveways on North Federal Highway. This
would create inefficient internal and external vehicular traffic circulation and undue hardship, which could
force the closing of the business or negatively affect the neighborhood to the east. The driveways on Federal
Highway minimize the traffic impact of this existing business onto Las Palmas Avenue. If there was only one
project entrance (the Las Palmas Avenue entrance), traffic exiting from the site including refueling trucks
would have insufficient stacking length at the adjacent traffic signal/intersection. This situation would congest
the secondary roadway and adjacent residential neighborhood. Leaving the existing driveways on North
Federal Highway lessens this potential traffic problem.
It should be noted that granting a variance for the southernmost driveway distance would also cover the
distance variance requested for the northern driveway.
In keeping with the City's Land Development Regulations, the applicant's response to the above criteria is
included within Exhibit DC" Statement of Special Conditions justifying the requested variance. In summary,
granting this variance may be supported for the following reasons:
a. A special condition exists which is peculiar to the subject property;
b. The literal interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties similarly zoned;
c. The variance requested represents the minimum variance needed to utilize the property for
access (the existing driveways are located along the western extent of the property); and
d. That the granting of the variance would be in harmony with the general intent of the regulation to
promote safe and adequate traffic circulation.
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.
MWRlMD
S:IPlanningISHAREDIWPIPROJECTSIGateway TexacolZNCV 03-010 lhru 03-017, 022. J24 ISTAFF REP ZNCV 03-010 to 03-012 Onveway Variances.doc
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EXHIBIT "e"
STATEMENT OF SPECIAL
CONDITIOl\lS
STATEMENT OF SPECIAL CONDITIONS
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:
There are special conditions and circumstances which exist and are peculiar to the
land in this case. The gas station is existing and the only renovation to the
property and building is to upgrade the exterior with new fascia, colors,
landscaping. and textures so to make the gas station fit in with the neighborhood.
The property is not big enough to place the driveways the proper distance from the
intersection nor to move the gas islands or canopy. The number of driveways must
remain due to the location of the fuel filling ports which the gasoline tankers must
unload, there would not be enough room for them to leave the property with fewer
drives.
B. That the special conditions and circumstances do not result from the actions
of the applicant:
Special circumstances and conditions do not result from the actions of the
applicant because he bought the property as it is. He is just trying to upgrade the
exterior and landscaping to fit in with the changing neighborhood.
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:
Granting these variances will not confer any special privileges that are denied by
this ordinance to other lands within 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
undo hardship on the applicant:
Literal interpretation and enforcement of the Ordinance would deprive the applicant
of rights commonly enjoyed by other parcels in the same zoning district and would
work an unnecessary and undue hardship on him because it would force him out of
business.
E. That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure:
,..........
EXHIBIT "C".
Granting of these variances is the minimum variances that would make possible the
reasonable use of the land and building. It would be impossible to operate this
business and upgrade the exterior if these variances are not granted. By granting
these variances, you are allowing this business to be upgraded with exterior finish
and landscaping which will better fit in with the surrounding neighborhood.
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:
Granting there variances will be in harmony with the intent and purpose of this
chapter and that these variances will not be injurious to the area but an asset to
the area. This business will not be a detriment to the neighborhood but the
opposite, it will be an asset to the community.
EXHIBIT "D"
Conditions of Approval
Project name: Gateway Texaco
File number: Driveways ZNCV 03-010,03-011 and 03-012
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
CONDITIONS
Comments:
1. Nome X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\ WP\PROJECTS\Gateway Texaco\ZNCV 03-0 I 0-03-0 17,23,24\COA Driveways ZNCV 03-0 I 0, 03-0 II and 03-012.doc
CITY OF SOYl~TON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of agenda reauest (with back UD) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Requested City
Commission Meeting
Dates
DAu ust 5, 2003
DAu ust 19, 2003
DSe tember 2 2003
DSe tember 16, 2003
DOctober 7 2003
~October 21, 2003
DNovember 5, 2003
DNovember 1B, 2003
Deadline for Submittal to City P &. D/CRA Requests Deadline
Clerk's Office
Departments are responsible for securing the following
si natures on attached A enda Ruest Form:
De artment Head 0
Wilfred Hawkins for de artments under Administrative Services 0
Finance De artment for items that involve ex enditure of funds 0
All back u material is attached ~
All exhibits are attached & marked e. . Exhibit "A'
~
Department Head's initials:
Gateway Texaco (ZNCV 03-010, 03-011, 03-012)
Please do not write in the shaded area below.
Legal Department signature 0
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing 0
Incomplete submittal 0
Missed deadline 0
Other 0
Reason:
City Manager's signature
o
Person contacted to pick up rejected request on
by
bg - 7/19/02
J:\SHRDATA\PLANNING\Planning TempJates\Agenda Item Cover CHECKUST Aug 5-Nov 18, 2003.doc
(Date)
~//\1"Y. 0;>,
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7'0 N ~.'<
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August S, 2003 July 14,2003 (Noon.) 0 October 7, 2003 September IS, 2003 (Noon)
0 August 19,2003 August 4, 2003 (Noon) ~ October 21, 2003 October 6,2003 (Noon)
0 September 2, 2003 August 18, 2003 (Noon) 0 November S, 2003 October 20,2003 (Noon)
0 September 16, 2003 September 2, 2003 (Noon) 0 November 18, 2003 November 3, 2003 (Noon)
0 Administrative 0 Legal
NATURE OF 0 Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
~ Consent Agenda 0 Public Hearing
0 Code compliance/Legal Settlements 0 Unfinished Business
RECOMMENDATION: Please place this request on the October 21,2003 City Commission Agenda under
Consent Agenda. The Community Redevelopment Agency Board with a 6 to 0 vote, recommended that the subject request
be denied. For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 03-231.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Gateway Texaco (ZNCV 03-013)
Beril Kruger, Planning & Zoning Consultants
SUAU Enterprises
2360 North Federal Highway
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section II, 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 gas
station.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
KA
KA
KA
City Manager's Signature
I '
?~ .(d 7~
Planning and Zo ' . . rrector CIty Attorney / Fmance / Human Resources
S:\PlanningISHAREDlWP\PROJECTSIGaleway TexacollNCV 03-01 0-03-017,23,24IAgenda [tern Request Gateway Texaco ZNC\' 03-013 10-21-03.dot
S:\BULLETlN\FORMSIAGENDA ITEM REQl'EST FORM,DOC
~ ..;~-:. _~,' '":~ -....~};~_..:: > - -r",,'t-< "
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t
DEVELOPMENT DEPARTMENT
PLANi-4ii~G AND ZONING DiViSiON
MEMORANDUM NO. PZ 03-23~
STAFF REPORT
TO:
Chairman and Members
Community Redevelopment Agency and City Commission
Michael W. Rumpf \\wV
Director of Planning and Zoning
THRU:
FROM:
Maxime Ducoste '4 ~
Planner rYP'
DATE:
September 29,2003
PROJECT NAME/NO:
Gateway Texaco Variances
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 1 O-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
Applicant/Agent: Mr. Beril Kruger of Beril Kruger Planning & Consultants
Location: 2360 N. Federal Highway Boynton Beach, FL
Existing Land Use/Zoning: Community Commercial (C-3)/ Local Retail Commercial (LRC)
Proposed land Use/Zoning: No change proposed
Proposed Use: 6B1 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,B30 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 Intil/ 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
Staff Report
Memorandum No PZ-03-231
Page 2
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).
BACKGROUND
Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises Incorporated, is
requesting conditional use I major site plan modification approval to construct a 6B1 square foot addition to
an existing gasoline dispensing establishment. In addition, the applicant is proposing new parking spaces,
a new access drive that would lead to the property directly to the east, and a general "make-over" of the
exterior facades of the gasoline station building and canopy. The number of gasoline pump islands and
fueling positions would remain unaltered.
The proposed 6B1 square foot addition to the gas station is considered as a conditional use in the C-3
zoning district. Also, the gas-station is a legal non-conforming use because it does not comply with Chapter
2, Section 11.L.3.a.(2) due to the fact that gas stations may only be located at intersections "consisting of
roads of four (4) lanes or wider".
Earlier last year, 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 earmarked
for a mechanical car wash) in order to minimize vehicular traffic onto Las Palmas Avenue. These inquiries
were based on the presumption that the proposed addition would be allowed and that direct access would
only require site plan review. However, after careful consideration, staff determined that the addition would
not be permitted because it would represent an unlawful expansion of a non-conforming (a gasoline-
dispensing establishment).
To answer 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 doing it 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 could be permitted.
However, the direct access would only be allowed contingent upon the recordation of a legally binding
cross-access agreement.
On July 31, 2002, Mr. Kruger addressed a letter requesting a formal appeal of the aforementioned
administrative determination. According to the staff report, "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 I expanded independent of
the gasoline sales element of the business. Staff disagreed with the applicant's position. The City
Commission approved the appeal with the condition that the expansion would be limited to 600 square feet.
Therefore, this major site plan modification and accompanying variance requests represent the applicant's
continuing effort to construct a building addition and mechanical car wash on the abutting property (see
Exhibit "B" - Site Plan and Survey). If approved, the construction of the addition, parking lot, and fa<;ade
improvements would occur in one (1) phase.
ANAL YSIS
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
Staff Report
Memorandum No PZ-03-231
Page 3
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
"C", which require the request be initiated by 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.
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. The
proposed addition would 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 fa<;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 be
reduced in size to comply with the condition for approval of 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/RECOMMENDA TION
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.
Staff Report
Memorandum No PZ-03-231
Page 4
Staff should indicate that past variance requests have been reviewed by the city using more than the
"traditional" criteria, or interpretations of this criteria placing greater emphasis on other associated
characteristics. Should the Board or Commission desire to approve this request, the following factors should
be considered before rendering a final decision:
1. The variance request is for the construction of an addition to a existing gasoline dispensing
establishment;
2. The location of the proposed addition, which is located at the rear of the subject property;
3. The immediate parcel to the east is proposed to be developed as a car wash;
4. Staff has not received any objections from adjacent property owners regarding the subject variance
request.
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. 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.
MWR/MD
S:IPlanningISHAREDIWPlPROJECTS\Gateway TexacolZNCV 03.010 thru 03.017, 023, 024 ISTAFF REP ZNCV 03.013 Building selback,doc
EXHIBIT "A" I
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EXHIBIT "C"
ST A TErJlENT OF SPECIAL
CONDITiONS
STATEMENT OF SPECIAL CONDITIONS
A. That special ccndi:ions and circumstances exist ,-,'!hich are peculiar to the land,
structure or building invol\/ed and which are not applicable to other lands,
structures or buildings in the same zoning district:
There are special conditions and circumstances which exist and are peculiar to the
land in this case. The gas station is existing and the only renovation to the
pro'perty and building is to upgrade the exterior with new fascia, colors,
landscaping, and textures so to make the gas station fit in with the neighborhood.
The property is not big enough to place the driveways the proper distance from the
intersection nor to move the gas islands or canopy. The number of driveways must
remain due to the location of the fuel filling ports which the gasoline tankers must
unload, there would not be enough room for them to leave the property with fewer
drives.
B. That the special conditions and circumstances do not result from the actions
of the applicant:
Special circumstances and conditions do not result from the actions of the
applicant because he bought the property as it is. He is just trying to upgrade the
exterioi and landscaping to fit in with the changing neighborhood.
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:
Granting these variances will not confer any special privileges that are denied by
this ordinance to other lands within 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
undo hardship on the applicant:
Literal interpretation and enforcement of the Ordinance would deprive the applicant
of rights commonly enjoyed by other parcels in the same zoning district and would
work an unnecessary and undue hardship on him because it would force him out of
business.
E. That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure:
,-
,....,
EXHIBIT lie"
Granting of these variances is the minimum variances that would make possible the
reasonable use of the land and building. It would be impossible to operate this
business and upgrade the exterior if these variances are not granted. By granting
these variances, you are allowing this business to be upgraded with exterior finish
and landscaping which will better fit in with the surrounding neighborhood.
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 other'vvise detrimental to the public welfare:
Granting there variances will be in harmony with the intent and purpose of this
chapter and that these variances will not be injurious to the area but an asset to
the area. This business will not be a detriment to the neighborhood but the
opposite, it will be an asset to the community.
EXHIBIT "D"
Conditions of Approval
Project name: Gateway Texaco
File number: ZNCV 03-013 Building Setback
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHAREDI WP\PROJECTS\Gateway TexacollNCV 03-0 I 0-03-0 17 ,23,24\COA Building setback ZNCV 03-0 13,doc
CITy OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of aaenda reauest (with back UD) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Requested City
Commission Meeting
Dates
DAu ust 5, 2003
DAu ust 19, 2003
DSe tember 2 2003
DSe tember 16 2003
October 7 2003
[gJOctober 21 2003
DNovember 5 2003
DNovember 1B, 2003
Deadline for Submittal to City P &. D/CRA Requests Deadline
Clerk's Office
Departments are responsible for securing the following
si natures on attached A enda Re uest Form:
De artment Head 0
Wilfred Hawkins for de artments under Administrative Services 0
Finance De artment for items that involve ex enditure of funds 0
All back u material is attached [gJ
All exhibits are attached & marked e. . Exhibit "A' [gJ
~~
Department Head's initials:
Gateway Texaco (ZNCV 03-013)
Please do not write in the shaded area below.
Legal Department signature D
City Manager's signature
D
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing D
Incomplete submittal 0
Missed deadline D
Other 0
Reason:
Person contacted to pick up rejected request on
by
bg - 7/19/02
J:\SHRDATA\PLANNING\Planning Templates\Agenda Item Cover CHECKUST Aug 5-Nov 18, 2003.doc
(Date)
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Tumed
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 5, 2003 July 14,2003 (Noon.) 0 October 7,2003 September 15, 2003 (Noon)
0 August 19,2003 August 4,2003 (Noon) ~ October 21, 2003 October 6, 2003 (Noon)
0 September 2, 2003 August 18,2003 (Noon) 0 November 5, 2003 October 20,2003 (Noon)
0 September 16,2003 September 2, 2003 (Noon) 0 November 18, 2003 November 3, 2003 (Noon)
0 Administrative 0 Legal
NATURE OF 0 Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
~ Consent Agenda 0 Public Hearing
0 Code compliance/Legal Settlements 0 UnfInished Business
RECOMMENDATION: Please place this request on the October 21, 2003 City Commission Agenda under
Consent Agenda. The Community Redevelopment Agency Board with a 6 to 0 vote, recommended that the subject request
be approved. For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 03-232.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Gateway Texaco (ZNCV 03-014 and 03-015)
Beril Kruger, Planning & Zonfug Consultants
SUAU Enterprises
2360 North Federal Highway
Request for 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.S-foot variance resulting in a
distance of9.S feet for an existing canopy for a gas station business; and
Requesting for 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 1O.2-foot variance,
resulting in a distance of 19.8 feet for an existing gasoline pump island for an gas station business,
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES'
KiA
KA
K'A
Dev
City Manager's Signature
A/(,)~~
'Planning and Zo ' g Director City Attorney / Finance / Human Resources
S:\PlanningISHARED\WP\PROJECTS\Gateway Texaco\ZNCY 03-01 0-03-017,23,24\Agenda Item Request Gateway Texaco ZNC""- 03-014,03-015 10-21-
03.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-232
STAFF REPORT
TO:
Chairman and Members
Community Redevelopment Agency and City Commission
Michael W. Rumpf ~
Director of Planning and Zoning
THRU:
FROM:
Maxime Ducoste . ~
Planner t'\V -
DATE:
September 29, 2003
PROJECT NAME/NO:
Gateway Texaco Variances
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 1 0.5-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 1 0.2-foot variance, resulting in a distance of 19.B
feet for an existing gasoline pump island for a gasoline dispensing
establishment.
PROJECT DESCRIPTION
Property Owner:
SUAU Enterprises
Applicant/Agent: Mr. Beril Kruger of Beril Kruger Planning & Consultants
Proposed Use:
6B1 square foot addition to gasoline dispensing establishment (limited to a
maximum of 600 square feet by Condition of Approval for appeal - ADAP
02-001 ).
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Location: 2360 N. Federal Highway Boynton Beach, FL
Existing Land Use/Zoning: Community Commercial (C-3)/ Local Retail Commercial (LRC)
Proposed Land Use/Zoning: No change proposed
Acreage:
O.4B Acre (20,B30 square feet)
Adjacent Uses:
(see Exhibit "A" - Location Map)
North:
A multi-family residential property, zoned Community Commercial (C-3);
Staff Report
Memorandum No PZ-03-232
Page 2
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-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).
BACKGROUND
Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises Incorporated, is
requesting conditional use I major site plan modification approval to construct a 6B1 square foot addition to
an existing gasoline dispensing establishment. In addition, the applicant is proposing new parking spaces,
a new access drive that would lead to the property directly to the east, and a general "make-over" of the
exterior facades of the gasoline station building and canopy. The number of gasoline pump islands and
fueling positions would remain unaltered.
The proposed 6B1 square foot addition to the gas station is considered as a conditional use in the C-3
zoning district. Also, the gas-station is a legal non-conforming use because it does not comply with Chapter
2, Section 11.L.3.a.(2) due to the fact that gas stations may only be located at intersections "consisting of
roads of four (4) lanes or wider".
Earlier Jast year1 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 earmarked
for a mechanical car wash) in order to minimize vehicular traffic onto Las Palmas Avenue. These inquiries
were based on the presumption that the proposed addition would be allowed and that direct access would
only require site plan review. However, after careful consideration, staff determined that the addition would
not be permitted because it would represent an unlawful expansion of a non-conforming (a gasoline-
dispensing establishment).
To answer 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 doing it 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 could be permitted.
However, the direct access would only be allowed contingent upon the recordation of a legally binding
cross-access agreement.
On July 31, 2002, Mr. Kruger addressed a letter requesting a formal appeal of the aforementioned
administrative determination. According to the staff report, "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 I expanded independent of
the gasoline sales element of the business. The applicant disagreed with the applicant's position. The City
Commission approved the appeal with the condition that the expansion would be limited to 600 square feet.
Therefore, this major site plan modification and accompanying variance requests represent the applicant's
continuing effort to construct a building addition and mechanical car wash on the abutting property (see
Exhibit "B" - Site Plan and Survey). If approved, the construction of the addition, parking lot, and fayade
Staff Report
Memorandum No PZ-03-232
Page 3
improvements would occur in one (1) phase.
ANAL YSIS
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
"C", which require the request be initiated by special conditions and circumstances that are peculiar to the
subject Jand, 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/RECOMMENDA TION
Based on the analysis contained herein, Staff recommends that the requested variances be approved.
Staff Report
Memorandum No PZ-03-232
Page 4
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.
MWRfMD
S;\PlanningISHAREDlWPlPROJECTS\Gateway TexacolZNCV 03-010 lhru 03-017, 023, 024 ISTAFF REP ZNCV 03-014 and 03-015 Canopy and gasoline pump island setback,doc
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EXHIBIT "C"
ST A TErtl~ENT OF SP~CIAl
CONDITIONS
STATEMENT OF SPECIAL CONDITIONS
A. That special ccnditions 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:
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There are special conditions and circumstances which exist and are peculiar to the
land in this case. The gas station is existing and the only renovation to the
property and building is to upgrade the exterior with new fascia, colors,
landscaping, and textures so to make the gas station fit in with the neighborhood.
The property is not big enough to place the driveways the proper distance from the
intersection nor to move the gas islands or canopy. The number of driveways must
remain due to the location of the fuel filling ports ~hich the gasoline tankers must
unload, there would not be enough room for them to leave the property with fewer
drives.
B. That the special conditions and circumstances do not result from the actions
of the applicant:
Special circumstances and conditions do not result from the actions of the
applicant because he bought the property as it is. He is just trying to upgrade the
exterior and landscaping to fit in with the changing neighborhood.
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:
Granting these variances will not confer any special privileges that are denied by
this ordinance to other lands within 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
undo hardship on the applicant:
Literal interpretation and enforcement of the Ordinance would deprive the applicant
of rights commonly enjoyed by other parcels in the same zoning district and would
work an unnecessary and undue hardship on him because it would force him out of
business.
E. That the variance granted is the minimum variance. that will make possible the
reasonable use of the land, building or structure:
,..0-.,
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. EXHIBIT "C'i>
Granting of these variances is the minimum variances that would make possible the
reasonable use of the land and building. It would be impossible to operate this
business and upgrade the exterior if these variances are not granted. By granting
these variances, you are allowing this business to be upgraded with exterior finish
and landscaping which will better fit in with the surrounding neighborhood.
F. That th'e 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:
Granting there variances will be in harmony with the intent and purpose of this
. chapter and that these variances will not be injurious to the area but an asset to
the area. This business will not be a detriment to the neighborhood but the
opposite, it will be an asset to the community.
EXHIBIT "D"
Conditions of Approval
Project name: 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 X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Conunents: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I I : I I
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Gateway Texaco\ZNCV 03-010-03-0 I 7,23,24\COA Canopy and Gasoline pump islands ZNCV 03-014 and 03-
015.doc
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of agenda reauest (with back UD) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Requested City
Commission Meeting
Dates
DAu ust 5, 2003
DAu ust 19 2003
DSe tember 2 2003
DSe tember 16 2003
DOctober 7 2003
October 21, 2003
DNovember 5 2003
DNovember 18, 2003
Deadline for Submittal to City P & D/CRA Requests Deadline
Clerk's Office
Departments are responsible for securing the following
si natures on attached A enda Ruest Form:
De artment Head D
Wilfred Hawkins for de artments under Administrative Services D
Finance De artment for items that involve ex enditure of funds D
All back u material is attached
All exhibits are attached & marked e. ., Exhibit "A' ~
-f'-tf?/
Department Head's initials:
Gateway Texaco (ZNCV 03-014 and 03-015)
Please do not write in the shaded area below.
Legal Department signature D
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing D
Incomplete submittal D
Missed deadline D
Other D
Reason:
City Manager's signature
D
Person contacted to pick up rejected request
by
bg - 7/19/02
S:\Planning\Planning Templates\Agenda Item Cover CHECKUST Aug 5-Nov 18, 2003.doc
on
(Date)
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 5, 2003 July 14,2003 (Noon.) 0 October 7, 2003 September 15,2003 (Noon)
0 August 19, 2003 August 4,2003 (Noon) ~ October 21, 2003 October 6, 2003 (Noon)
0 September 2, 2003 August 18,2003 (Noon) 0 November 5, 2003 October 20, 2003 (Noon)
0 September 16, 2003 September 2,2003 (Noon) 0 November 18, 2003 November 3, 2003 (Noon)
0 Administrative 0 Legal
NATURE OF 0 Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
~ Consent Agenda 0 Public Hearing
0 Code compliance/Legal Settlements 0 UnfInished Business
RECOMMENDATION: Please place this request on the October 21,2003 City Commission Agenda under
Consent Agenda. The Community Redevelopment Agency Board with a 5 to 1 vote, recommended that the subject request
be approved. For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 03-233.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Gateway Texaco (ZNCV 03-016 and 03-017)
Beril Kruger, Planning & Zoning Consultants
SUAU Enterprises
2360 North Federal Highway I
Request for relief from the City, of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section II, Supplemental Regulations L.3.f. (1) requiring a ten (10) foot wide landscape
buffer along the street frontage and to include one tree ten (10) to fifteen (15) feet in height with a
minimum three-inch caliper every forty (40) feet, a continuous hedge twenty-four (24) inches high,
twenty-four (24) inches on center at time of planting with flowering groundcover to allow a
variance of 10 feet, resulting in a zero (0) landscape buffer along the street frontage for an existing
gas station building; and
Requesting for relief from the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section 11, Supplemental Regulations L.3.f. (2)( a) requiring a ten (10) foot wide
landscape buffer on all interior property lines to allow a variance of 5 feet, resulting in a five (5)
foot buffer for an existing gas station business.
PROGRAM IMPACT:
FISCAL IMPACT:
AL TERNATIVES:
City Manager's Signature
~~~a~;ctor CIty Attorney / Fmance / Human Resources
S:\Planning\SHARED\ WP\PROJECTS\Gateway Texaco\ZNCV 03-010-03-017 ,23,24\Agenda Item Request Gateway Texaco ZNC\" 03-016,03-017 10-21-
03.dot
S:\BULLETlN\FORMS\AGENDA ITEM REQuEST FORM.DOC
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DEVELOPMENT DEPARTMENT
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MEMORANDUM NO. PZ 03-233
STAFF REPORT
TO:
Chairman and Members
Community Redevelopment Agency and City Commission
Michael W. RumpfY\ ~
Director of Planning and Zoning
Maxime Ducoste . hi\.
Planner t'V -
THRU:
FROM:
DATE:
September 29, 2003
PROJECT NAME/NO:
Gateway Texaco Variances
Landscape buffers ZNCV 03-016 and 03-017
REQUEST:
Relief from the City of Boynton Beach Land Development Regulations,
Chapter 2. Zoning, Section 11, Supplemental Regulations L.3.f. (1) requiring
a ten (10) foot wide landscape buffer along the street frontage and to include
one tree ten (10) to fifteen (15) feet in height with a minimum three-inch
caliper every forty (40) feet. a continuous hedge twenty-four (24) inches high,
twenty-four (24) inches on center at time of planting with flowering
groundcover to allow a variance of 10 feet. resulting in a zero (0) landscape
buffer along the street frontage for an existing gasoline dispensing
establishment;
Relief from the City of Boynton Beach Land Development Regulations.
Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f. (2)(a)
requiring a ten (10) foot wide landscape buffer on all interior property lines to
allow a variance of 5 feet, resulting in a five (5) foot buffer for an existing gas
. dispensing establishment.
PROJECT DESCRIPTION
Property Owner: SUAU Enterprises
Applicant/Agent: Mr. Beril Kruger of Beril Kruger Planning & Consultants
Location: 2360 N. Federal Highway Boynton Beach, FL
Existing Land Use/Zoning: Community Commercial (C-3)/ Local Retail Commercial (LRC)
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)
(see Exhibit "A" - Location Map)
Adjacent Uses:
Staff Report
Memorandum No PZ-03-233
O.,~O .,
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 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-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).
BACKGROUND
Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises Incorporated, is
requesting conditional use I major site plan modification approval to construct a 681 square foot addition to
an existing gasoline dispensing establishment. In addition, the applicant is proposing new parking spaces,
a new access drive that would lead to the property directly to the east, and a general "make-over" of the
exterior facades of the gasoline station building and canopy. The number of gasoline pump islands and
fueling positions would remain unaltered.
The proposed 681 square foot addition to the gas station is considered as a conditional use in the C-3
zoning district. Also, the gas-station is a legal non-conforming use because it does not comply with Chapter
2, Section 11.L.3.a.(2) due to the fact that gas stations may only be located at intersections "consisting of
roads of four (4) lanes or wider".
Earlier last year, 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 earmarked
for a mechanical car wash) in order to minimize vehicular traffic onto Las Palmas Avenue. These inquiries
were based on the presumption that the proposed addition would be allowed and that direct access would
only require site plan review. However, after careful consideration, staff determined that the addition would
not be permitted because it would represent an unlawful expansion of a non-conforming (a gasoline-
dispensing establishment).
To answer 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 doing it 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 could be permitted.
However, the direct access would only be allowed contingent upon the recordation of a legally binding
cross-access agreement.
On July 31, 2002, Mr. Kruger addressed a letter requesting a formal appeal of the aforementioned
administrative determination. According to the staff report, "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 I expanded independent of
the gasoline sales element of the business. The applicant disagreed with the applicant's position. The City
Commission approved the appeal with the condition that the expansion would be limited to 600 square feet.
Therefore, this major site plan modification and accompanying variance requests represent the applicant's
Staff Report
Memorandum No PZ-03-233
P?~~ 3
continuing effort to construct a building addition and mechanical car wash on the abutting property (see
Exhibit "8" - Site Plan and Survey). If approved, the construction of the addition, parking lot, and fac;ade
improvements would occur in one (1) phase.
ANAL YSIS
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 has conducted this analysis with the assumption that, based on the city's prior approval of the
"administrative appeal acknowledging the increase in intensity of this non-conforming use, that the city is
aware of the potential of certain hardships and non-conformities associated with the site.
Staff has focussed this review based on the applicant's response to the above criteria contained in Exhibit
"C", which require the request be initiated by 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 relief from the required landscape buffer along the front (North
Federal Highway) and the interior (north) property lines of the subject property, since they do not exist on the
already confined site. The subject property has been improved with a gas station business, and occupied
since 1965. In order to meet the landscape buffer as required by code, the applicant would need additional
linear footage along North Federal Highway or to eliminate the existing first two (2) gasoline pump islands.
This scenario would likely be cost prohibitive or significantly impact business operation. Understanding that
site layout is existing and cannot easily be altered without significantly impacts to the business operation the
requests represent the minimum variances that will make reasonable use of an existing gasoline dispensing
establishment and will not be injurious to the area. Therefore, 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. The intent of
the landscape buffer is to visually screen the vehicular use from the adjacent properties and right-of-way.
;'...........
Staff Report
Memorandum No PZ-03-233
Page 4
CONCLUSIONS/RECOMMENDATION
Based on the analysis contained herein, Staff recommends that the requested variances be approved
subject to the following conditions:
1. Providing a substitute form of screening of the site along North Federal Highway where possible
such as planter pots or boxes.
However, 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.
MWR/MD
S:\Planning\SHAREDIWPlPROJECTSlGaleway TexacolZNCV 03-010 thru 03-017, 023. 024 \STAFF REP ZNCV 03-016 and 03-017 Landscape buffers.doc
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EXHIBIT "e"
ST A TEfVlENT OF SPECIAL
CONDITIONS
STATEMENT OF SPECIAL CONDITIONS
A. That special ccndi:ions 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:
.
There are special conditions and circumstances which exist and are peculiar to the
land in this case. The gas station is existing and the only renovation to the
property and building is to upgrade the exterior with new fascia, colors,
landscaping, and textures so to make the gas station fit in with the neighborhood.
The property is not big enough to place the driveways the proper distance from the
intersection nor to move the gas islands or canopy. The number of driveways must
remain due to the location of the fuel filling ports which the gasoline tankers must
unload, there would not be enough room for them to leave the property with fewer
drives.
B. That the special conditions and circumstances do not result from the actions
of the applicant:
Special circumstances and conditions do not result from the actions of the
applicant because he bought the property as it is. He is just trying to upgrade the
exterior and landscaping to fit in with the changing neighborhood.
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:
Granting these variances will not confer any special privileges that are denied by
this ordinance to other lands within 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
undo hardship on the applicant:
Literal interpretation and enforcement of the Ordinance would deprive the applicant
of rights commonly enjoyed by other parcels in the same zoning district and would
work an unnecessary and undue hardship on him because it would force him out of
business.
E. That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure:
,., .
.
.
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EXHIBIT lie" ,
Granting of these variances is the minimum variances that would make possible the
reasonable use of the land and building. It would be impossible to operate this
business and upgrade the exterior if these variances are not granted. By granting
these variances, you are allowing this business to be upgraded with exterior finish
and landscaping which will better fit in with the surrounding neighborhood.
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:
Granting there variances will be in harmony with the intent and purpose of this
chapter and that these variances will not be injurious to the area but an asset to
the area. This business will not be a detriment to the neighborhood but the
opposite, it will be an asset to the community.
EXHIBIT "D"
Conditions of Approval
Project name: Gateway Texaco
File number: Landscape buffers ZNCV 03-016 and 03-017
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
X
1. Providing a substitute form of screening ofthe site along North Federal
Highway where possible such as planter pots or boxes.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\ WP\PROJECTS\Gateway Texaco\ZNCV 03-010-03-0 17,23,24\COA Landscape buffers ZNCV 03-016 and 03-017 ,doc
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AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of agenda reauest (with back up) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Deadline for Submittal to City P & D/CRA Requests Deadline
Clerk's Office
Requested City
Commission Meeting
Dates
DAu ust 5, 2003
DAu ust 19 2003
DSe tember 2 2003
DSe tember 16 2003
DOctober 7 2003
~October 21 2003
DNovember 5 2003
DNovember 18, 2003
Departments are responsible for securing the following
si natures on attached A enda Ruest Form:
De artment Head
Wilfred Hawkins for de artments under Administrative Services
Finance De artment for items that involve ex enditure of funds
All back u material is attached
All exhibits are attached & marked e. ., Exhibit "A'
~~
Department Head's initials:
Gateway Texaco (ZNCV 03-016 and 03-017)
Please do not write in the shaded area below.
Legal Department signature D
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing D
Incomplete submittal D
Missed deadline D
Other D
Reason:
City Manager's signature
D
Person contacted to pick up rejected request on
by
bg - 7/19/02
J:\SHRDATA\PLANNING\Planning Templates\Agenda Item Cover CHECKUST Aug 5-Nov 18, 2003.doc
(Date)
(CL'" 1"Y O~,',""'"
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J- <y-/
"'7"ON 0~~'
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 5, 2003 July 14,2003 (Noon,) 0 October 7, 2003 September 15,2003 (Noon)
0 August 19, 2003 August 4, 2003 (Noon) ~ October 21, 2003 October 6, 2003 (Noon)
0 September 2, 2003 August 18, 2003 (Noon) 0 November 5, 2003 October 20,2003 (Noon)
0 September 16, 2003 September 2,2003 (Noon) 0 November 18, 2003 November 3, 2003 (Noon)
0 Administrative 0 Legal
NATURE OF 0 Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
~ Consent Agenda 0 Public Hearing
0 Code compliance/Legal Settlements 0 Unfmished Business
RECOMMENDATION: Please place this request on the October 21,2003 City Commission Agenda under
Consent Agenda. The Community Redevelopment Agency Board with a 4 to 2 vote, recommended that the subject request
be approved, For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 03-234.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Gateway Texaco (ZNCY 03-023)
Beril Kruger, Planning & Zoning Consultants
SUAU Enterprises
2360 North Federal Highway
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21,
Sign, Article III Section 5 requiring that all signs must meet a minimum ten (10) foot setback from
the property line to the closest surface of the sign to allow a five (5) foot variance from the
property line, resulting in a five (5) foot setback for an existing gas station business.
PROGRAM IMPACT:
FISCAL IMPACT:
AL TERNATIVES:
~/A
~/A
~/A
City Manager's Signature
-/z-.-/J '~
Planning and Zo' irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Gateway Texaco\ZNCY 03-01 0-03-0 1 7,23,24\Agenda Item Request Gateway Texaco ZNCV 03-023 10-21-03,dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-234
STAFF REPORT
TO:
Chairman and Members
Community Redevelopment Agency and City Commission
rv\ \l.-V
Michael W. Rumpf \ \.
Director of Planning and Zoning
THRU:
FROM:
Maxime Ducoste .. AIttA.
Planner rv .
DATE:
September 29,2003
PROJECT NAME/NO:
Gateway Texaco Variances
Sign setback ZNCV 03-023
REQUEST:
Relief from the City of Boynton Beach Land Development Regulations,
Chapter 21, Signs, Article III. Section 5 requiring all signs must meet a
minimum ten (10) foot setback from the property line to the closest surface of
the sign to allow a five (5) foot variance from the property line, resulting in five
(5) foot setback for an existing gasoline dispensing establishment.
PROJECT DESCRIPTION
Property Owner: SUAU Enterprises
Applicant/Agent: Mr. Beril Kruger of Beril Kruger Planning & Consultants
Location: 2360 N. Federal Highway Boynton Beach, FL
Existing Land Use/Zoning: Community Commercial (C-3)/ Local Retail Commercial (LRC)
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:
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 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-1-AA); and
Staff Report
Memorandum No PZ-03-234
Page 2
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).
BACKGROUND
Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises Incorporated, is
requesting conditional use / major site plan modification approval to construct a 681 square foot addition to an
existing gasoline dispensing establishment. In addition, the applicant is proposing new parking spaces, a
new access drive that would lead to the property directly to the east, and a general "make-over" of the exterior
facades of the gasoline station building and canopy. The number of gasoline pump islands and fueling
positions would remain unaltered.
The proposed 681 square foot addition to the gas station is considered as a conditional use in the C-3 zoning
district. Also, the gas-station is a legal non-conforming use because it does not comply with Chapter 2,
Section 11.L.3.a.(2) due to the fact that gas stations may only be located at intersections "consisting of roads
of four (4) lanes or wider".
Earlier last year, Mr. 8eril 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 earmarked for
a mechanical carwash) in order to minimize vehicular traffic onto Las Palmas Avenue. These inquiries were
based on the presumption that the proposed addition would be allowed and that direct access would only
require site plan review. However, after careful consideration, staff determined that the addition would not be
permitted because it would represent an unlawful expansion of a non-conforming (a gasoline-dispensing
establishment).
To answer 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 doing it 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 could be permitted.
However, the direct access would only be allowed contingent upon the recordation of a legally binding cross-
access agreement.
On July 31, 2002, Mr. Kruger addressed a letter requesting a formal appeal of the aforementioned
administrative determination. According to the staff report, "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. The applicant disagreed with the applicant's position. The City Commission
approved the appeal with the condition that the expansion would be limited to 600 square feet. Therefore,
this major site plan modification and accompanying variance requests represent the applicant's continuing
effort to construct a building addition and mechanical car wash on the abutting property (see Exhibit "8" - Site
Plan and Survey). If approved, the construction of the addition, parking lot, and fa9ade improvements would
occur in one (1) phase.
ANAL YSIS
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
Staff Report
Memorandum No PZ-03-234
Page 3
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 grantingof 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 has conducted this analysis on with the assumption that based on the city's prior approval of the
administrative appeal regarding the increase in intensity of this non-conforming use, that the city has
acknowledged the potential for revealing certain hardships and non-conformities to the site.
Also, the analysis focused on the applicant's response to the above criteria contained in Exhibit "C", which
require that the request is initiated by 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 structure.
The subject request has been initiated in preparation for the construction of an addition to the existing gas
station business, which represents a major site plan modification. Through this process every aspect of the
project is reviewed for compliance, if a requirement cannot be met, relief from the code may be required. As
such, the applicant desires to maintain a freestanding sign at its existing location. The subject property has
been improved with a gas station business, and occupied since 1965. Staff reviewed the site and determined
that the request for a sign setback variance of five (5) feet may not represent the minimum variance
necessary to maintain the site sign on the property. Staff acknowledged that the applicant could meet the sign
setback as required by code. The sign can be move an additional five (5) feet to the east and two (2) feet to
the north while maintaining the same orientation, and without interfering with the vehicular use area for the
station. This scenario would meet both the code and maintain the same visibility for the applicant's business.
Understanding that the subject request does not represent the minimum variance that will make reasonable
use of the structure, criteria item "e" is not met.
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. The intent of the
sign setback is to provide reasonable visibility for a sign without interfering with visibility along a right-of-way.
CONClUSIONS/RECOMMENDA TION
Based on the analysis contained herein, Staff recommends that the requested variance be denied, due to the
lack of hardship, and due to the avoidable circumstance being created by the actions of the applicant.
However, if approved any conditions of approval added by the Community Redevelopment Agency Board or
the City Commission will be placed in the Exhibit "0" Conditions of Approval.
M D/MW R S:IPlanningISHAREOIWPlPROJECTSlGateway TexacolZNCV 03-010 Ihru 03.017, 023. 024 STAFF REP ZNCV 03.023 Sign selback,doc
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Location Map
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EXHIBIT "e"
ST,A TEMENT OF SP~C~Al_
CONDITiONS
STATEMENT OF SPECIAL CONDITIONS
1-" That special ccnditions and circufT.stances exist "vhich 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:
There are special conditions and circumstances which exist and are peculiar to the
land in this case. The gas station is existing and the only renovation to the
pro'perty and building is to upgrade the exterior with new fascia, colors,
landscaping, and textures so to make the gas station fit in with the neighborhood.
The property is not big enough to place the driveways the proper distance from the
intersection nor to move the gas islands or canopy. The number of driveways must
remain due to the location of the fuel filling ports which the gasoline tankers must
unload, there would not be enough room for them to leave the property with fewer
drives.
B. That the special conditions and circumstances do not result from the actions
of the applicant:
Special circumstances and conditions do not result from the actions of the
applicant because he bought the property as it is. He is just trying to upgrade the
exterior and landscaping to fit in with the changing neighborhood.
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:
Granting these variances will not confer any special privileges that are denied by
this ordinance to other lands within 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 anc would work unnecessary and
undo hardship on the applicant:
Literal interpretation and enforcement of the Ordinance would deprive the applicant
of rights commonly enjoyed by other parcels in the same zoning district and would
work an unnecessary and undue hardship on him because it would force him out of
business.
E, That the variance granted is the minimum vari=i":ce that "'/i11 make possible the
reasonable use of the land, building or structur-=:
"
EXHIBIT "e"
Granting of these variances is the minimum variances that would make possible the
reasonable use of the land and building. It would be impossible to operate this
business and upgrade the exterior if these variances are not granted. By granting
these variances, you are allowing this business to be upgraded with exterior finish
and landscaping which will better fit in with the surrounding neighborhood.
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:
Granting there variances will be in harmony with the intent and purpose of this
chapter and that these variances will not be injurious to the area but an asset to
the area. This business will not be a detriment to the neighborhood but the
opposite, it will be an asset to the community.
EXHIBIT "D"
Conditions of Approval
Project name: Gateway Texaco
File number: Sign setback ZNCV 03-023
Reference:
I DEPARTMENTS I INCLUDE [ REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
I. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Gateway Texaco\ZNCV 03-010-03-017,23,24\COA Sign setback ZNCV 03-023,doc
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of aaenda reauest (with back UD) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Requested City
Commission Meeting
Dates
DAu ust 5, 2003
DAu ust 19 2003
Se tember 2 2003
Se tember 16 2003
October 7, 2003
~October 21, 2003
DNovember 5, 2003
DNovember 18, 2003
Deadline for Submittal to City P & D/CRA Requests Deadline
Clerk's Office
Departments are responsible for securing the following
si natures on attached A enda Ruest Form:
De artment Head
Wilfred Hawkins for de artments under Administrative Services
Finance De artment for items that involve ex enditure of funds
All back u material is attached
All exhibits are attached & marked e. . Exhibit "A'
-f\~
Department Head's initials:
Gateway Texaco (ZNCV 03-023)
Please do not write in the shaded area below.
Legal Department signature D
City Manager's signature
D
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing D
Incomplete submittal D
Missed deadline D
Other D
Reason:
Person contacted to pick up rejected request on
by
bg . 7/19/02
J:\SHRDATA\PLANNING\Planning Templates\Agenda Item Cover CHECKUST Aug 5-Nov 18, 2003.doc
(Date)
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~~ /L
. \~ WJ \ (, c-,./
V b-I o1f
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 5, 2003 July 14, 2003 (Noon,) 0 October 7, 2003 September 15,2003 (Noon)
0 August 19, 2003 August 4,2003 (Noon) ~ October 21, 2003 October 6,2003 (Noon)
0 September 2, 2003 August 18,2003 (Noon) D November 5, 2003 October 20,2003 (Noon)
0 September 16,2003 September 2,2003 (Noon) 0 November 18, 2003 November 3, 2003 (Noon)
0 Administrative 0 Legal
NATURE OF 0 Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
~ Consent Agenda 0 Public Hearing
0 Code compliance/Legal Settlements 0 UnfInished Business
RECOMMENDATION: Please place this request on the October 21, 2003 City Commission Agenda under
Consent Agenda, The Community Redevelopment Agency Board with a vote, recommended that the subject
request be (BOLD). For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 03-235,
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Gateway Texaco (ZNCV 03-024)
Beril Kruger, Planning & Zoning Consultants
SUAU Enterprises
2360 North Federal Highway
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7,5,
Environmental Regulations, Article II Section 3, BA., to allow parked vehicles to encroach two
and one-half (2.5) feet into the rear fIve (5) foot landscape buffer area required by code for an
existing gas station business in a C-3 zoning district.
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
N/A
N/A
N/A
Development Department Director
City Manager's Signature
Planning and Zoning Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Gateway Texaco\ZNCV 03-0JO-03-0l7,23,24\Agenda Item Request Gateway Texaco ZNCV 03-024 10-2l-03,dot
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM,DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-235
STAFF REPORT
TO:
Chairman and Members
Community Redevelopment Agency and City Commission
~ w,?-
Michael W. Rumpf
Director of Planning and Zoning
THRU:
FROM:
Maxime Ducoste . A~'
Planner t'VJ
DATE:
September 29, 2003
PROJECT NAME/NO:
Gateway Texaco Variances
Vehicle encroachment ZNCV 03-024
REQUEST:
Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 7.5, Environmental Regulation, Article II Section 3, B.
4., to allow parked vehicles to encroach two and one-half (2,5) feet into the
rear five (5) foot landscape buffer area required by code for an existing
gasoline dispensing establishment.
PROJECT DESCRIPTION
Property Owner: SUAU Enterprises
Applicant/Agent: Mr. Beril Kruger of Beril Kruger Planning & Consultants
Location: 2360 N. Federal Highway Boynton Beach, FL
Existing Land Use/Zoning: Community Commercial (C-3)/ Local Retail Commercial (LRC)
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:
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 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-1-AA); and
Staff Report Vehicle encroachment ZNCv03-024
Memorandum No PZ-03-235
Page 2
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).
BACKGROUND
Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises Incorporated, is
requesting conditional use I major site plan modification approval to construct a 681 square foot addition to
an existing gasoline dispensing establishment. In addition, the applicant is proposing new parking spaces,
a new access drive that would lead to the property directly to the east, and a general "make-over" of the
building facades of the gasoline station building and canopy. The number of gasoline pump islands and
fueling positions would remain unaltered.
The proposed 681 square foot addition to the gas station is considered as a conditional use in the in the C-3
zoning district. Also, the gas-station is a legal non-conforming use because it does not comply with Chapter
2, Section 11.L.3.a.(2) because gas stations should only be located at intersections "consisting of roads of
four (4) lanes or wider".
Earlier last year, 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 earmarked
for the mechanical carwash) in order to avoid unnecessary vehicular traffic onto Las Palmas Road. These
inquiries were based on the presumption that the proposed addition would be allowed and that direct access
would only require site plan review. However, after careful consideration, staff determined that the addition
would not be permitted because it would represent as an unlawful expansion in a non-conforming use (of a
gasoline-dispensing establishment).
To answer Mr. Kruger's inquiries, on July 16, 2002, the Director of Planning & Zoning issued an
administrative determination letter that basically prohibited the applicantfrom increasing the size of the gas-
station building because doing so would violate 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. However, the direct
access would only be allowed contingent upon the recordation of a legally binding cross-access agreement
and that the Texaco site would have to brought into total compliance with the current Land Development
Regulations.
On July 31, 2002, Mr. Kruger addressed a letter requesting a formal appeal be processed to the
aforementioned administrative determination. According to the staff report, "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. The applicant supports this position that retail sales is
distinguishable from gas sales by the absence of other nearby convenience stores, and therefore, the high
demand for convenience item sales at this location". Staff disagreed and recommended denial of Mr.
Kruger's administrative appeal based on three (3) main points. Firstly, staff argued that the determination
represented the position consistently communicated by staff and therefore, the consistent interpretation of
clearly written Land Development Regulations. Secondly, the sale of gasoline is the principal use of the
subject business, which is located on one parcel within a single structure, and therefore, cannot be viewed
separate from accessory components such as retail sales. Lastly, the applicant did not prove that the
expansion of the retail aspect of the business would have been mandatory for the continued operation of the
principal use, and that if denied a hardship would have been imposed. The Community Redevelopment
Agency voted concurred with staff but the City Commission voted in favor of the applicant with the condition
that the expansion would be limited to 600 square feet. Therefore, this major site plan modification and
Staff Report Vehicle encroachment ZNCV 03-024
Memorandum No PZ-03-235
Page 3
accompanying variance requests represent the applicant's continuing effort to construct a building addition
and mechanical car wash on the abutting property (see Exhibit "B" - Site Plan and Survey). If approved,
the construction of the addition, parking lot, and fa<;:ade improvements would occur in one (1) phase.
ANAL YSIS
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 grant 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 has conducted this analysis on with the assumption that based on the city's prior approval of the
administrative appeal regarding the increase in intensity of this non-conforming use, that the city has
acknowledged the potential for revealing certain hardships and non-conformities to the site.
Also, the analysis focused on the applicant's response to the above criteria contained in Exhibit "C", which
require that the request is initiated by 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 structure.
The subject request has been initiated in preparation for the construction of an addition to the existing gas
station business, which represents a major site plan modification. Through this process every aspect of the
project is reviewed for compliance, if a requirement cannot be met, relief from the code may be required.
The subject property has been improved with a gas station business, and occupied since 1965. Staff
reviewed the site and determined that the request for a 2.5-foot encroachment represents the minimum
variance necessary to maintain an additional parking space on the property. However, staff acknowledges
that the encroachment is not supported by parking requirements and should therefore be eliminated. The
required parking for a gasoline dispensing establishment is based on one (1) space for each 250 square
feet of gross floor area. Based on this methodology, the proposed expansion, coupled with the floor area of
the existing building would require 10 parking spaces. The applicant is providing 12 parking spaces. An
option to meet code requirements would be to eliminate the easternmost parking space, thereby reducing
the parking provided to 11 spaces, and avoiding the encroachment with the perimeter buffer.
This scenario would meet both the code and still exceed parking requirements for the gasoline dispensing
establishment. Understanding that the subject request does not represent the minimum variance that will
make reasonable use of the structure, criteria item "en is not met.
Staff Report Vehicle encroachment ZN~\r03-024
Memorandum No PZ-03-235
Page 4
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.
CONCLUSIONS/RECOMMENDA TION
Based on the analysis contained herein, Staff recommends that the requested variance be denied, and that
the proposed eastermost angled parking space be eliminated. However, if approved 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.
MD/MWR
S:IPlannlngISHAREDlWPIPROJECTSIGateway TexacolZNCV 03-010 thru 03-017, 023, 024 ISTAFF REP ZNCV 03-024 Vehicle encroachmenl.doc
Location Map
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EXHIBIT
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,<-I
STATEMENT OF SP~CIAL
CONDJTIONS
ST A TElVIENT OF SPECIAL CONDITIONS
t... That soecial ccndic:rons and circumstances exist 'Nhich are peculiar to the land,
structure or building involved and vvhich are riot applicable to other lands,
structures or buildings in the same zoning district:
There are special conditions and circumstances which exist and are peculiar to the
land in this case. The gas station is existing and the only renovation to the
pro'peTty and building is to upgrade the exterior with new fascia, colors,
landscaping, and textures so to make the gas station fit in with the neighborhood.
The property is not big enough to place the driveways the proper distance from the
intersection nor to move the gas islands or canopy. The number of driveways must
remain due to the location of the fuel filling ports which the gasoline tankers must
unload, there would not be enough room for them to leave the property with fewer
drives.
B. That the special conditions and circumstances do not result from the actions
of the applicant:
Special circumstances and conditions do not result from the actions of the
applicant because he bought the property as it is. He is just trying to upgrade the
exterior and landscaping to fit in with the changing neighborhood.
C. That granting the variance requested will !lot confer on the applicant any
special privilege that is denied by this Ordinance to other lands, buildings or
structures in the same zoning district:
Granting these variances will not confer any special privileges that are denied by
this ordinance to other lands within the same zoning district.
0, 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 ar.d would work unnecessary and
undo hardship on the applicant:
Literal interpretation and enforcement of the Ordinence would deprive the applicant
of rights commonly enjoyed by other parcels in the same zoning district and would
work an unnecessary and undue hardship on him cecause it would force him out of
business.
E, That the variance granted is the minimum va(ance that will make possible the
reasonable use of the land, building or structve:
EXHIBIT "("
Granting of these variances is the minimum variances that would make possible the
reasonable use of the land and building. It would be impossible to operate this
business and upgrade the exterior if these variances are not granted. By granting
these variances, you are allowing this business to be upgraded with exterior finish
and landscaping which will better fit in with the surrounding neighborhood.
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 othervvise detrimental to the public welfare:
Granting there variances will be in harmony with the intent and purpose of this
chapter and that these variances will not be injurious to the area but an asset to
the area. This business will not be a detriment to the neighborhood but the
opposite, it will be an asset to the community.
EXHIBIT "D"
Conditions of Approval
Project name: Gateway Texaco
File number: Vehicle encroachment ZNCV 03-024
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I I
S:\Planning\SHARED\WP\PROJECTS\Gateway Texaco\ZNCV 03-0l0-03-0l7,23,24\COA Vehicle encroachment ZNCV 03-024,doc
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
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This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of aaenda reauest (with back UD) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Requested City
Commission Meeting
Dates
DAu ust 5, 2003
DAu ust 19, 2003
DSe tember 2 2003
DSe tember 16, 2003
DOctober 7, 2003
~October 21, 2003
DNovember 5, 2003
DNovember 18, 2003
Deadline for Submittal to City P & D/CRA Requests Deadline
Clerk's Office
Departments are responsible for securing the following
si natures on attached A enda Re uest Form:
De artment Head D
Wilfred Hawkins for de artments under Administrative Services D
Finance De artment for items that involve ex enditure of funds D
All back u material is attached ~
All exhibits are attached & marked e. . Exhibit "A' ~
Department Head's initials:
Gateway Texaco (ZNCV 03-024)
Please do not write in the shaded area below.
Legal Department signature D
City Manager's signature
D
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing D
Incomplete submittal D
Missed deadline D
Other D
Reason:
Person contacted to pick up rejected request on
by
bg - 7/19/02
J:\SHRDATA\PLANNING\Planning Templates\Agenda Item Cover CHECKUST Aug 5-Nov 18, 2003.doc
(Date)