APPLICATION
City Codeg Accessed Via Website
www.boynton-beach.org
\'\'\vwamlega1.comlboynton beach fl
Has applicant attended a pre-application meeting?
YES
Date
FEB 18,2003
SUBMITTAL DEADLINE:
, -'I ,
CITY OF BOYNTON BEACH r\ [; fe' :. " .' '.;~' \
\ D i ~.,,----- ,....... ,_.'- . ., :" ! I
PLANNING & ZONING DIVISION \ n'\' 'l' 1\
CODE VARIANCE APPLICATION UUI AUG I 9 "~Nl '. :'~j
SEE SCHEDULE OF DATES FOR BOARD MEE IN~S A 1iJj:;t{U!:r~ .
SUBMITTAL DATES:
Please Print (in ink) or Tvpe
Submittal Date:
The undersigned owner(s) hereby respectfully petition(s) the City Of Boynton Beach to grant to
petitioner(s) a special exception or variance to existing code of said City pertaining to the property
hereinafter described and in support thereof state(s):
Property involved is described as follows: Lot(s) a portion of Lot 4
Block NA Subdivision SAM BROWN JR'S HYPOLUXO SUBDIVISION
Plat Book 1 'Page 81 or otherwise described as follows:
Property Address 2360 North Federal Highway
PCN Number 08-43-45-15-03-000-0042
Variance requested including code chapter and section, existing code standards (i.e.
setback distance, number of required parking spaces etc.), requested standard and the
variance (existing code standard minus requested standard).
ATTACHED "EXHIBIT 1"
The following documents are required to be submitted with this application to form a single package.
Incomplete package will not be accepted:
1. Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months old,
indicating:
A. All property lines
B. North arrow
C. Existing structures and paving
D. Existing elevations
E, Rights-of-way, with elevations
F. Easements on or adjacent to the site
G. Utilities on or adjacent to the site
H. Legal Description
I. N umber of acres to the nearest one-hundredth (1/100) of an acre
J. Location sketch of property
Zoning Code Variance Application
K, Surveyor's Certificate
2. Two site plans properly dimensioned and to scale showing:
A. All proposed structures
B. All existing structures that are to remain on site
C, Setback lines for all structures drawn perpendicular from the property lines to the closest
vertical wall of structures
D. Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties including right-of-way lines for all streets and alleys, sidewalks,
turn lanes and driveways
F. Elevations of the lowest finished floor of all structures on the site
3, Certified list of names and post office addresses of property owners and legal descriptions of their
property within 400 feet of subject property, as recorded in the County Courthouse, including a tax
map showing placement of 400 feet boundary. Such list shall be accompanied by an Affidavit (see
attached) stating that to the best of the applicant's knowledge, said list is complete and accurate,
as well as addressed envelopes and postage (1 sl class--stamps or payment for required postage).
4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement. !f
an aQent is submittinQ the petition. a notarized COpy of a letter desiQnatinQ him as such
must accompany the petition.
5, Statement of special conditions, hardships or reasons justifying the requested exception or
variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please print or type):
A. That special conditions and circumstances exist which are peculiar to the land, structure or
building involved and which are not applicable to other lands, structures or buildings in the
same zoning district;
B. That the special conditions and circumstances do not result from the actions of the
applicant;
C. That granting the variance requested will not confer on the applicant any special privilege
that is denied by this Ordinance to other lands, buildings or structures in the same zoning
district;
D. That literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms of
the Ordinance and would work unnecessary and undue hardship on the applicant;
E. That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building or structure;
F. That the granting of the variance will be in harmony with the general intent and purpose of
this chapter and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
6, An application fee in the amount of $400.00 plus postage, payable to the City of Boynton Beach,
must accompany a completed application. The $400.00 application fee covers a request to vary
Zoning Code Variance Application
one (1) section of the Code. Seeking relief from more than one section of the Code will require
payment of $1 00.00 for each additional Code section.
SUAU ENTERPRISES, INC. ZUHAIR MAROUF, PRES.
Name and address of owner: 2360 North Federal Highway, Boynton Beach, FL 33435
Zuhair Marouf, Pres,
7,
8.
Name of applicant:
9.
Same as above
5 1-740-0606
(/.S Signature of Applic nt:
10. Representative of the project must be present at al nical Review Committee,
Planning and Development Board or Community Redevelopment Agency Board and City
Commission meetings held to review this project.
CERTIFICATION
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
APPLICANT'S PROPERTY.
All applications received by the City of Boynton Beach shall be accompanied by the list with names and addresses of all property owners
within four hundred (400) feet of the subject property, and addressed envelopes. Applications will not be accepted without these mailing
labels.
CONTACT:PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
ATTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
Phone: (561) 355-2881
FAX: (561) 355-3881
updated 10/16/01
STATEMENT OF SPECIAL
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:
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.
. ,-
JAU ENTERPRISES, INC
2360 North Federal Highway
Boynton Beach, FL 33435
Phone: (561) 740-0606
AGENT_AUTHOR..IZA TION
I, ~UHAI8-I'y1AROUF, President of SUAU ENTERPRISES, Incorporated, hereby
appoints Beril Kruger Planning and Zoning Consultants, to act as my AGENT with
regard to all Planning and Zoning matters on a tract of land owned by the
corporation. The property is located at and described as:
2360 North Federal Highway, Boynton Beach, Florida;
LEGAL DESCRIPTION ATTACHED ON EXHIBIT "A"
Seril Kruger Planning and Zoning Consultants is further granted the authority to
attend all meetings and public hearings, to speak for the Corporation and to accept
any and all Conditions of Approval, as set forth by the Boynton Beach City
Commission, and any County or State agencies having jurisdiction.
for SUAU ENTERPRISES, INC.
(corporate seal)
ByOK 3?<i-<"~ I/(../v~~
ZUHAIR MAROUF, President
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the state and
county aforesaid to take acknowledgments, personally appeared, _ZJ,JHAIFLMAROlJ_L, who
executed the foregoing document and he/she acknowledged before me that he/she
executed the same.
~s mv hand and official seal in the county and state aforesaid this
_ ht..- ' 2003.
J
'ItA
f
day of
~1t~~~.~: ~~;';" ,
'>. A"'f~ Lindo K. Krugf'r
. N,~ ;*: MYCOMMISSION
.' .. .">. .:,-,' D # C(977848 F XPIRfS
. ..... .' ..- ecernbe 6 2
~.'""~.'r'_~i') f:.t/,)U 1~ r, 004
:'ly fAIN INSU.{I!. v f. lt~l'
(notary seal or stamp}
EXHIBIT "A"
LEGAL DESCRIPTION
GATEWAY TEXACO
That certain piece, parcel or tract of land lying, being and situate in Palm
Beach County, State of Florida and being more particularly described as
follows:
A portion of Lot 4 of SAM BROWN JR's HYPOLUXO
SUBDIVISION, as recorded in Plat Book 1, at page 81, of the
Public Records of Palm Beach County, Florida, being more
particularly described as follows:
Commence at the NW corner of said Lot 4; thence run S. 890 59'
27" E, along the North Line of said Lot 4, for a distance at 94.78
feet to a Point of beginning of the following described parcel of
land: thence continue S. 890 59' 27" E, along the North line of said
Lot 4, for a distance of 137.00 teet to a Easterly right-at-way line of
U.S. Highway #1 for a distance of
153.61 feet to a point on the north right-at-way line of Vista
Hermosa Avenue (now called Las Palmas Avenue) as shown on
the Plat of Las Palmas Park, recorded in Plat Book as shown on
the Plat of Las Palmas Park, recorded in Plat Book 25, at page
242, of the Public Records of Palm Beach County, Florida; thence
run West along the said North right-at-way line of Vista Hermosa
Avenue for a distance of 123.35 feet to a point of CUNature of a
circular CUNe to the right; thence run Northwesterly and
Northeasterly along the arc of said circular CUNe to the right, these
elements are a radius at 12 feet and a central angle of 970 20' 55"
for an arc distance of 20.39 feet to a point tangency with the
easterly right-of-way line of U.S. Highway #1; thence run N. 70 20'
55" E. along the said Easterly right-at-way line at U.S. Highway #1,
for a distance of 140.00 feet to the point of beginning.
Gary R. Nlkollt&~ CFA
Palm Beach County Appraiser
Public Access System
Property Information
Location Address: 2360 N FEDERAL HWY
Municipality: CITY OF BOYNTON BEACH
Parcel Control Number: 08-43-45-15-03-000-0042
Subdivision: BROWN SAM JR SUB
Official Records Book: 10179 Page: 1977 Sale Date: Dec-1997
Legal Description:
Owner Information
Name: SUAU ENTERPRISES INC
Mailing Address: 2360 N FEDERAL HWY
BOYNTON BEACH FL 33435 2446
..~:~
2002 Certified Appraisal
Improvement Value:
Land Value:
Market Value:
$128,574
Number of
Units:
Total Sq. Ft:
Acres:
.00
I~~
I "EiCfnI.;. -I
.... - .1
I t,.iiId.,...1
$246,600
$375,174
Use Code:
2600
Description: SERV STATIONS
2002 Certified Tax
Ad Valorem:
Non ad valorem:
Total:
$9,030.69
$951.69
$9,982.38
I~..I
2002 Certified Assessed & Taxable Values
Assessed Value:
Exemption amount:
Taxable:
$375,174.00
$0
$375,174.00
Exemption Information Unavailable.
Sales Informatior,
Sales Date
Dec-1997
Oct-1994
Dec-1988
Jul-1987
Book
10179
08819
06226
05376
Paqe
1977
1439
1659
0296
Price Instrument Owner
350000 WD SUAU ENT INC
195900 WD
1801000 WD
100 WD
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Copyright @ 2002 by Palm Beach County Property Appraiser
All Rights Reserved
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OP.B 101 79 p~ 1978
DOROTHV H. IHU(ENl CLERK Pll COLiNTY I R.
E"b:\.l':L to l\.
That c:r.rtll:l.l\ pl...c", , parc"l Qr trQ"'~ of l'lnl:\ lying, hlllnq and
~1tll"t.. in pallll UOilcn county, stat.. ot Fh'>r1d:\ l'nd beil'''' morn
pl.\rtlcUlarJ.y elo!lcr1~et1 "-!J tOllows:
1\ portion Q1:' [.<:Ii:. 4 of' 1;1\M BROWll JRII!! IWI'OL\JXQ
SUBDl:VISI.OIl, ~t: recordod in Plat Book lo" at pa'J<l tI:I., 0:1:
thR ,P.uhlic Records Dt Pal~ B4fteh County. Florida, baing
mar.. p~rticularly dccorlb.d aa follows:
Co~~nc~ at the t~ co~ar of ~~id Lot 41 thence run 5. B9" 59'
Z'" 1::., along the. lIon!> l:1.tl6 of' I:>.t(l Lot 4, rot: II. d15tl'lnc~ of
~~.1a te~t to a Point of' hA9inninq of the following d~scribed
pRl;"cel ot land~ than"e continu" s. egO S9' :11" E. IIlonq the
llQrth l.in" or. ,:'<i~ l:.Qt .., for a dlstIUH:.. (If 1.37. 00 t~At: to il
point: thAne. 't'Un S. 70 20' !lS" 1'1, parallel to "the Bald
LlIt;t;",rl.)' R.l.9ht-of-Way lin.. 01: U. s. Highway 11. for ~ di",tllnoll
o~ l~~.Gl fqot to a point on the north ri9ht-ot-~y 11n~ or
viota HB~oaa AVenUA (now call.a ~5 PalmeD AVBnUe) aa .hQwn
on ~l'aQ t').at: o~ 1A~ PlIllilll. lilllor~, raoorded in 1>1,,1: Book. liS lII11t;1WT1
on ~h~ ~lab at Lad pal_ae ~ar~, ~aOord8d It! Pl~t nOok 2~! ~t
p~~e 242. ot thQ Public R.cgr~s ot P..l~ Se.bch county. PlorldA/
th.mce run We!1t, along the said kortn r!ght.-ot-wllY linQ ot
vj~~n H~~o~~ AVenuA fo~ . di~tftnce of 123.35' teet to n point
of' c:ur<labn:e of a c1roulftr cLl.J:Ve to too ~ight: I:ben.::e run
Northwesterly Iln~ northn[lr;tllrly alonl;! th", ore ot ..aid circular
curve ,to tHo r~ght, w~ode el~~.nta nra A r~diuG of 12 CaQt ~nd
n (!o\ntrl\l IInqlB 01: 91' ::le' 5S" t.or An arC distllnCl'l ot 20.:J!J
feet to a PQ1~~ ~~n~ency with th~ e~~t"'r~Y ri1ht-o!-~BY tin....
ot' U.S. lliQhwl!I)/ '1: th"nce nm N. " 20' !IS" 1:.. 1110n9 the.
fla.~4 f,:1\~t'el:ly right-af-way l!TlfI DJ! U.S. lligllwlIY tJ., for !I.
di~tanco ot l~O.OO teAt to the point ot hC91nniny.
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I hereby certify that the foregoing is e true copy
of the record rn..Il'!Y~ffice Ihi~Y. Feb 11. 200,S
DORO~:f4;WILKE r 'Ji=n{ 'Of oug, pal-,~-BeaGtl County. Florida
BY,;',:. .'~ ,-' . . --d:----~~Deputy Clerk
Florida Profit
SUAU ENTERPRISES, INC.
PRINCIPAL ADDRESS
2360 N. FEDERAL HIGHWAY
BOYNTON BEACH FL 33435-2446 US
Changed 06/03/1998
MAILING ADDRESS
2360 N. FEDERAL HIGHWAY
BOYNTON BEACH FL 33435-2446 US
Changed 06/03/1998
Document Number FEI Number Date Filed
P97000066134 650771405 07/31/1997
State Status Effective Date
FL ACTIVE NONE
Last Event Event Date Filed Event Effective Date
RElNST A TE1vfENT 11/07/2002 NONE
Registered Agent
Name & Address
MAROUF, ZUHAIR
1142 GRAND CAY
PALM BEACH GARDENS FL 33418
Name Changed: 08/23/2000
Address Changed: 08/23/2000
Officer/Director Detail
Name & Address Title
MAROUF, ZUHAIR
1142 GRAND CAY P
PALM BEACH GARDENS FL 33418
Report Year Filed Date Intangible Tax
2000 08/23/2000
2001 07/31/2001
2002 11107/2002
Annual Reports
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View Events
No Name History Information
Document Images
Listed below are the images available for this filing.
11/07/2002 -- REINSTATEMENT
07/31/2001 -- ANN REP/UNIFORM BUS REP
08/23/2000 -- ANN REP/UNIFORM BUS REP
04/26/1999 -- ANNUAL REPORT
06/03/1998 -- ANNUAL REPORT
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
EXHIBIT 111"
MAROUF VARIANCES
Chapter 2, Sec. 11 Supplemental Requlations
L.3.d.(1), (3), (4), Driveways
/20
(1) No driveway shall be located less than One Hundred Ten (110')
feet from the intersecting right-of-way lines of public streets.
(3) Driveways shall be located less than thirty (30) feet from any interior
property line.
(4) Driveways will be limited to one per street frontage.
( 1 ) Request a variance from this section of the code as the site has only 140 LF
of frontage along N. Federal Highway and 123 LF of frontage on Las Palmas.
Therefore it would be impossible for any driveways to be 110' to meet this
current code.
(3) Due to the fact that this is an existing Gas Station and is only being upgraded
for looks, the driveways must stay in their current locations because the
traffic patterns have already been set and cannot be changed. Gasoline
Tankers must be able to enter and leave the premises from the existing
driveways.
(4) Due to the Gasoline Tankers entering and leaving and the location of the fillers
for the tanks, these driveways must remain in their current locations.
L. 3. e. (3), Rear Setbacks
Rear Setbacks are required to be 20' and we are proposing only a 10' rear
setback.
L.3.e.(a). No Canopy shall be located less than 20' from the
property line
The Canopy is 9.5 feet from the front (west) property line. We are requesting a
10.5 foot variance to allow a 9.5 foot front setback for the existing canopy.
L.3.e. (b). No gasoline pump island shall be located less than 30' from any
property line.
The existing gasoline pump island is 19.8 feet from the front (west) property line.
The required front gasoline pump island setback is 30 feet so we are requesting a
variance of 10.2 feet from the front property line to allow the 19.8 foot gasoline
pump island setback.
L.3. f. (1) BUFFERS
A 10' wide landscape buffer shall be located along the street frontage. This
buffer shall contain one tree 10' to 15' in height with a minimum 3" caliper
I
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every 30', a continuous hedge 24" high, 24" ole at time of planting with
flowering ground cover.
We do not have a landscape buffer along the westerly street frontage (N. Federal
Hwy.) so we are requesting a variance of 10 feet from the required 10 foot
landscape buffer.
The Landscape buffer we are proposing along the south street frontage (Las
Palmas) is only 5 feet with a requirement of 10 feet. We are therefore requesting a
variance of 5 feet for the 10 foot landscape buffer. We are requesting from the
Engineering Department to be allowed to landscape the area between property line
and the street.
# If M BLdfers (Interior Property Lines)
(jr' j.,~3'f.(;L) 10'
(a) A X wide landscaped buffer shall be located on all interior property
fQ,( ~~ lines. When the buffer separates the property from other commercial
~\l~~I{ fie'? property, the buffer shall not be required to contain a concrete wall.
~ \",1' -z,. .,.-,6.' Landscaping shall be continuously maintained.
Ot'\ r\\lf
Boynton Beach Code of Ordinances
Part III Land Development Regulations
SIGNS
Chapter 21 , Article III,
Sec. 5. Setbacks.
All signs must meet a minimum ten (10) foot setback measured from the
property line to the closest surface of the sign.
The existing sign is currently 8.5 feet from the south property line and 5 feet from
the west property line. Therefore we are requesting a 1.5 foot variance for the
south setback and a 5 foot variance for the west property lines
Chap 7.5, Article II, Sec. 3, B, 4, "Encroachment": Encroachment is any protrusion
of a vehicle outside of a parking space, display area or access way into the
landscaped area. There shall be no encroachment over or into any landscaped
area.
We are requesting a variance of 2.5 feet to allow one parking space to
encroach into the rear 5 foot landscape buffer. This parking space is on a 45
degree angle and only the narrowest point of the space encroaches into the
buffer 2.5 feet.