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REVIEW COMMENTS 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 ~~Lrt Director of Planning and Zoning THRU: FROM: Maxime Ducoste {A--7A< Planner r '(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 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 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: 681 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: 0.48 Acre (20,830 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 / 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 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 Page 3 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. 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 fac;: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 681 square foot addition located at the rear (east side) of the existing gas station building along the east property line (see Exhibit "B" - Proposed Site Plan). The subject parcel is approximately 0.48 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. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. 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 "C" 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 "0" - Conditions of Approval. MWR/MD S:IPlanningISHAREDlWPIPROJECTSIGateway Texaco\ZNCV 03-010 thru 03-017, 023, 024 ISTAFF REP ZNCV 03-010 to 03-012 Driveway Variances,doc f) Location Nrap Gateway Texaco ~ H ~ -----j I "::= SITE ~ r..... QLJ / -'-~~' .- ...... t - ~... ~ R3 I ~ ...... ~~... \ ... '... \ I I . '-.b;1 ~~ll ~ I ~~ I ~/ 1 I I IPUD J .. 1 REC . I L.-~~~ ~~i ~~ ~~~! -...., aa a aa I C'JD CCJ CJo 1;3 I "- 1._ _ __, . ,,_ I I I I REC I I I f I , I I II I I , .L I ? 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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 "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: Driveways ZNCV 03-010,03-011 and 03-012 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Gateway Texaco\ZNCV 03-010-03-0 l7,23,24\COA Driveways ZNCV 03-010, 03-011 and 03-0 l2,doc DEVELOP ,NT ORDER OF THE CITY COMI'" ,SION OF THE CITY OF BOYNTON BEACH, FLOR1I)A PROJECT NAME: Gateway Texaco APPLICANT'S AGENT: Mr. Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21,2003 TYPE OF RELIEF SOUGHT: Variances ZNCV 03-010, 03-011 and 03-012 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 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 10-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. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7, Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Gateway Texaco\ZNCV 03-010-03-017,23,24\00 Driveways ZNVC 03-010, 03-011 and 03-0112,doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-231 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency and City Commission Michael W. Rumpf t(\~/ Director of Planning and Zoning THRU: FROM: Maxime Ducoste ... ~ Planner flY?' 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: 681 square foot addition to gasoline dispensing establishment (limited to a maximum of 600 square feet by Condition of Approval for appeal - ADAP 02-001 ). Acreage: 0.48 Acre (20,830 square feet) Adjacent Uses: (see Exhibit "A" - Location Map) North: Multi-family residential property, zoned Community Commercial (C-3); South: Right-of-way for Las Palmas Avenue, and farther south are single-family attached townhouses under construction (The Harbors), zoned Infill Planned Unit Development (IPUD); East: Vacant commercial lot zoned Community Commercial (C-3) currently under review for a proposed car wash, and farther east is a single-family residential dwelling (part of Las Palmas development), zoned Single-family residential, (R-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 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 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. 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 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 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 fayade. 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/RECOMMENDATION Based on a strict interpretation of the variance criteria, Staff recommends that the request for relief from Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (3), requiring a minimum rear yard setback of 20 feet for a gasoline dispensing establishment within the C-3 zoning district, to allow for a variance of 10 feet, and a rear yard setback of 10 feet be denied, due to the lack of hardship, and due to the circumstance being created by the actions of the applicant. 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. 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'> h ~ f ~ ~ ("!J -, ~ ~ " ,f '" " ..t~ , ~ ~~ \. 1;'~ l~~{ .'.....::l_ '" ~, i~ ~ " 1 ~ 1 "i ;" <.'; I .. '" -'-- i .! ~ ,t q ~ ~ \ ~~ Ci~'-=~ ~ ~..... t " "l ~ . 2 <.....~ ~ EXHIBIT ! -'\, s.r,A TEr~IIE~~l~> OF SP~CIAL CONDITIONS STATEMENT OF SPECIAL CONDITIONS A, That special cc nditions and circumstances exist vvhich 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'jJerty 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 \Nith 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 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: ZNCV 03-013 Building Setback Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERJENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT CONDITIONS Comments: l. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: l. To be determined. S:\Planning\SHARED\WP\PROJECTS\Gateway Texaco\ZNCY 03-010-03-0l7,23,24\COA Building setback ZNCY 03-0l3.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-232 STAFF REPORT TO: THRU: Chairman and Members Community Redevelopment Agency and City Commission Michael W. Rumpf ~~ Director of Planning and Zoning FROM: Maxime Ducoste . A17<k Planner r\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 19.8 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 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); 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 / 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 / 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 fac;ade Staff Report Memorandum No PZ-03-232 Page 3 improvements would occur in one (1) phase. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff conducted the analysis focusing on the applicant's response to the above criteria contained in Exhibit "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 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/RECOMMENDATION 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. 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I ~ , ~ .., 0:; '1 , , EXHIBIT "~" q'TA. -CG=,"'" F~}T nr: ~O~~~A" ~ ~ iJ~., rJ ~ '" L; ... ~ ~ \;.0 -.oj 't..........,, .... ~'... .,J,O'~..;; A. ,..'llll CONDITIONS STATEMENT OF SPECIAL CONDITIONS A, That special ccnditions and circumstances exist \Nhich are peculiar to the land, structure or building involved and vvhich 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 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: t::XHIBIT ,,(,. 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: Canopy and gasoline pump islands setback ZNCV 03-014 and 03-015 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERJENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I CONDITIONS Comments: l. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I I I S:\Planning\SHARED\WP\PROJECTS\Galeway Texaco\ZNCY 03-01O-03-0l7,23,24\COA Canopy and Gasoline pump islands ZNCY 03-014 and 03- 015.doc DEVELOPt... ,\jT ORDER OF THE CITY COMM' ~ION OF THE CITY OF BOYNTON BEACH, FLOR1l1A PROJECT NAME: Gateway Texaco APPLICANT'S AGENT: Mr. Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21,2003 TYPE OF RELIEF SOUGHT: Canopy and gasoline pump islands ZNCV 03-014 and 03-014 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 D.5-foot variance, resulting in a distance of 9.5 feet for an existing canopy for a gasoline dispensing establishment; Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (b) requiring that no gasoline pump island shall be located less than thirty (30) feet from any property line to allow a 10.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for a gasoline dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:IPlanningISHAREDlWPIPROJECTSIGateway Texaco\ZNCV 03-01 0-03-017,23,24IDO Canopy and gasoline pump island ZNCV 03-014 and 03-015.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-233 STAFF REPORT FROM: Chairman and Members Community Redevelopment Agency and City Commission V\ \;f~ Michael W. Rumpf Director of Planning and Zoning Maxime Ducoste . trJc... Planner t'V - TO: THRU: 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) Adjacent Uses: (see Exhibit "A" - Location Map) Staff Report Memorandum No PZ-03-233 Page 2 North: A multi-family residential property, zoned Community Commercial (C-3); South: Right-of-way for Las Palmas Avenue, and farther south are single-family attached townhouses under construction (The Harbors), zoned 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 / 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 / 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 Page 3 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 fac;ade improvements would occur in one (1) phase. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff 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/RECOMMENDA TION 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:IPlanningISHAREDlWPIPROJECTSIGateway Texaco\ZNCV 03-010 thru 03-017, 023, 024 ISTAFF REP ZNCV 03-016 and 03-017 Landscape buffers. doc C) ~ jlH I I~ :0 0 I en en PO "J:eR-R ~ tV I I II ~ 6 :is I! ! i I I II I ~ SITE I--- '"'- I 1_. I " I I . --c~ ~ P U? ~o'i J I. I ~~J -I . ~ ~/ I l (>'" / I /);/, /, /,/ /' k::..P ,--, ! ---Lol- I I I lTl r'"L-J I I-- I IPUD I ; ! R3 I o,j I ..,J ;$ QQQuQQQQGo ~ REC tltj ooo~ D .~ QQQ D D I D -. I [J D ~~~~~g~~ ~ii! NE~- [J [J I \ 0 -I- 88 8 DO DO ~ ~~ ~ ;~~I I--F-&~ 1 I ~E-2O+1=1-AVe- I 7 \-~R3 REC , I ~~~ I I I I I II w - MT-\ I I I 1 I I __ I I ~ r l o~ j / .1. ~ 111 II ~ ~U , .j:,., .., I Location Map Gateway Texaco EXHIBIT "P. . " I . -il." -W- _If C./ EXHIBIT "B" 1- : : ~.; ,; "' s "' f J~ l~ i.t'~ tg I~ Ii ~ I~ .~. ~ i. ~ ; !~ j: ;tf: ii ~i ~ ! l:!! !ii :1", ~ ~ t III ~.! H ~ ~ ~ ~~ l~ i~~;. , ~; ; I !;!l! ! g ~ 7 ~ ~:; , i <( J t ~~; l; I II !I J /~ !~~\\/I\l hi~'i --II 'l ili ; I ~.~ li.!,;, ii; I' 1,,_ 1"1:' i, :ii . ! .-----., '" .. III ..~~ , II e- ~" ~',j Ii ~! )-:".'1 ii ij ; 1 -}~\ I (.'.L.,~"....,: I I' "~,~';~-.-j 1- :; J~i r----:-_' '._r_~, , ~1~fJ ';; ~:l ><- >;: (J,;) ~'" 'i"'m CD", 0, -<m Zo 10 JJ Iz~ 07) is: ~ ls':,,/) f-~ Ir ~ - ~-==----=--=-=--_--== ~~ ~~---==- ":"--=== ., ': -\ .; ~ U~; ('J~:::-(> .......;; ~~c ~~~ ~~. -~ N Q R T M a 0 UN: u. s. HIGHWAY N o. 1 ' i 1 ~.., ~:' : ~ 10; :~;~ ;m :2~ -~S~ oa I':! i~ :t: ~~ ~ ~~ ~ ~~ I ~ ~~ I ,~~ ,I ;~, ~~~ ~II II! 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QI~i!~~~l j"'!.q ,~~ !~;!= )< ~!i~g 21~. loW.. ~ ~~i~j ~'~~HHi\ \~ 'ip" i S~I;!lij \~ ~! ..... '{. .~'~ "" ~-'\::. .;.\~ \~ i :! -\ .', ..... , , ,~ ~ ~ , , - ~ i . . ~n OJ ~ "" , ~ i c,,' , ~ .! '- ~ '-2 " \~ ~ 00 , ? ~ ~ ~~ i ,. ~ . ~~~ CI~ ~ ~ ... it-...... <;" ~i)f ~ EXHIBIT "e" S1-i~ TErJlENT OF SF~CIAL 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 appiicable 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. 8, 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: Landscape buffers ZNCV 03-016 and 03-017 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 1. Providing a substitute form of screening of the 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: I. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Gateway Texaco\ZNCV 03-0l0-03-0l7,23,24\COA Landscape buffers ZNCV 03-016 and 03-Ol7.doc DEVELOP, .NT ORDER OF THE CITY COMIV. .310N OF THE '.CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Texaco APPLICANT'S AGENT: Mr. Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21,2003 TYPE OF RELIEF SOUGHT: Landscape buffers ZNCV 03-016 and 03-017 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. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further de Jpment on the property shall be madE. and condition's"" of this order. accordance with the terms 7. Other DATED: City Clerk S:IPlanningISHAREDlWPIPROJECTSIGaleway Texaco\ZNCV 03-010-03-017,23,24IDO Landscape buffers ZNCV 03-016 and 03-017.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-234 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency and City Commission M lJ.,V Michael W. Rumpf \ ' Director of Planning and Zoning THRU: FROM: Maxime Ducoste .. AJIA. Planner IVV . 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 offour (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 / 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 fac;ade improvements would occur in one (1) phase. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning 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 grantingofthe 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 "en 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 "D" Conditions of Approval. M D/MW R S:IPlanningISHAREDlWPIPROJECTSIGaleway Texaco\ZNCV 03-010 lhru 03-017, 023, 024 1ST AFF REP ZNCV 03-023 Sign setback.doc () :tI o en en ~ (j) o :0 i Location Map Gateway Texaco I II POi fER-RD- !IU I I I Ii EXHIBIT HA" I SITE I I I I / / j / / I //// I /// //1 / / / I / / I lBifln----/ R3 [][][][][][][][]GO ooorm;un 8 [][][]~ey CJ CJ I [J CJ E-20.JH-;W. 8 o REC - ~i;~gi~ ~;;~ -5. i I ~T ~ '1> ~R3 REC \ <: l!1 ~ '-i . C' 1- 1/.' c7 f ~I , ~I'jli:\ ,i~;:; Ii & ~_: :1; ~& i: ;tl~ ii E~ - I~ 1 !'"I ll' ,. ,I ~ I. j: I. ;,1:1 ! ~ 1'1 '1:1 !~! II i c a ... f 1::11:7' ~ ~, ! I ::151 I ~ I ~I ~I! ;il ! I ,,~ I ". I i ~ ~ I I ~ I~ :D~ I.;I~il m !i I~ ~~~ ~~ l~ :g~ ~~ I' ~~~ ~~~ ; ;u Iri !ii !i ; ~,~ ;" ;;i ii > '=' \~ ; : ~~ !~ nii 2~~ ~~-. -~ ~-="c__.~O'_,.,~,,=-_. 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"-,'- ~ .~ ii . ~1 "1 I I EXHIBIT "e" ~T,ATEl\nENT OF SP~C~A,t, CONDITIONS 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 "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: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. To be determined. 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 Sign setback ZNCV 03-023.doc DEVELOP,,".,...NT ORDER OF THE CITY COMM jlON OF THE CITY OF BOYNTON BEACH, FLORltlA PROJECT NAME: Gateway Texaco APPLICANT'S AGENT: Mr. Seril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21,2003 TYPE OF RELIEF SOUGHT: Sign setback ZNCV 03-023 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. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:IPlanningISHAREDlWPIPROJECTSIGateway Texaco\ZNCV 03-010-03-017.23.24IDO Sign setback ZNCV 03-023.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-235 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency and City Commission \'1\ ~~ Michael W. Rumpf Director of Planning and Zoning THRU: FROM: Maxime Ducoste . AA. Planner \" V} 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 ZNCV 03-024 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 / 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 itwould 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 applicant from 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 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 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 ofthe 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 "e" is not met. Staff Report Vehicle encroachment ZNCV 03-024 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:IPlanningISHAREDlWPIPROJECTSIGaleway Texaco\ZNCV 03-010 lhru 03-017. 023, 024 ISTAFF REP ZNCV 03-024 Vehicle encroachment.doc C) ::lJ o U) U) ~ (j) Cl ;n I , I I , ~ = S~TE I I. 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': ~ .j'" ~ ~ ~- f i ~} :.~. ~~S\~ ~, I ~/ " I I ---.,...L. , ' , -= :,..." ~..., ~j' ~ O'1j ~ ~ ~ , -\(;i., :i '., '., -\ .,l 1 I- I- \:. \: 't "..,;::; .... L' <; \. :~~1 ~F~ ~ : 1l!!1 ;dn ~ 1! f~ WII Illll ~ _:~ ~ ~ .. ~ i ~; ,~~ 0, ~.( '! ll.." .... ~,i ~ ~ .~ ~~:.' ~ " ,~~ ~ ~~H; If.' _ !j , 11 tJI!i;.: ;~i~ ~~I:I ::;:= Ii :;;:1 ~ ~~1~11!l : lli1 ~ 11 I n~ i.:-: H! JJl1 I 1,1 !~ i ;"1 ! ~ ~ , j .;: ....) ! '" "i EXHIBIT l('H l,.. } ST A TEfVlENT OF SP~CIAL CONDJTiONS STATEMENT OF SPECIAL CONDITIONS A. That soeci::::1 cc nditions and circumstances exist vvhich 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'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 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' 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\ivise 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 PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERJENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. To be determined. 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 Vehicle encroachment ZNCV 03-024.doc