REVIEW COMMENTS
Meeting
Date:
File No:
Location:
Agent!
Owner:
Project
Name:
Variance
Request:
Property
Location:
North:
South:
East:
West:
)EVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-186
STAFF REPORT FOR
COMMUNITY REDEVELOPMENT BOARD AND CITY COMMISSION
October 11, 2005
ZNCV 05-007 Buffer Wall
302 West Boynton Beach Boulevard, Boynton Beach, FL
Rajesh Patel, Raj Properties, Inc.
Majestic Gas
Relief from Chapter 2, Zoning, Section 4,L - Buffer Walls, to allow a six (6) foot
fence along the south (rear) property line in lieu of the required six (6) foot stucco
masonry buffer wall required to separate a commercial district from an abutting
residential district.
The site is located east of 1-95 on the south side of Boynton Beach Boulevard (see
Exhibit "A"-Location Map). The subject property, totaling 0.7 acre, is currently
zoned C-2 (Neighborhood Commercial) and classified Local Retail Commercial
(LRC). The subject site abuts Boynton Heights to the south, a residential
subdivision zoned R1A,
The following is a description of the land uses and zoning designation of the
properties that surround this site:
Right-of-way for Boynton Beach Boulevard, farther north property classified Local
Retail Commercial (LRC), zoned Neighborhood Commercial (C-2) and developed as
professional office uses;
Properties within Boynton Heights subdivision classified Low Density Residential
(LDR), zoned Single-Family (R1A), and developed as single-family residential;
Right-of-way for NW 2nd Street, further east property classified Local Retail
Commercial (LRC), zoned Neighborhood Commercial (C-2), and developed with
residential use; and,
Property classified Local Retail Commercial (LRC), zoned Neighborhood Commercial
(C-2), and developed as professional office use.
Page 2
Memorandum No. PZ 05-186
ZNCV 05-007
NATURE OF REOUEST
Rajesh Patel of Raj Properties, Inc., owner of the subject property (Majestic Gas), is requesting a
zoning code variance to seek relief from Chapter 2, Section 4.L. of the Land Development
Regulations, the applicable part of which states as follows:
L. BUFFER WALLS. For new construction or major modification to existing developments,
where a commercial and/or industrial district abuts a residential district, a solid, stucco
masonry wall painted on both side at least six (6) feet in height shall be located within the
required side and/or rear yards except with respect to corner lots, said buffer walls shall
be required only on interior lot lines. Said buffer walls shall not abridge any easement
rights or be constructed over any existing utilities in any easement area and shall be
setback two (2) feet from adjoining property lines.
It is important to note that commercial properties, due to the intensity of their uses, are required
to provide for additional buffering to minimize land use conflicts when located adjacent to
residential neighborhoods, Landscaping elements, including dense vegetation, berms, and
buffer walls, can provide effective barriers, and mitigate the impacts of unattractive views,
vehicle headlights, and noise, without sacrificing the functional necessities of the commercial
site. Advantages of a masonry buffer wall, rather than a fence include the following:
. walls act as sound barriers and can substantially reduce noise associated with a gas
station use;
. walls can withstand high winds and are more durable and provide more stability than a
fence;
. walls help contain gasoline emissions, headlights, and store security lighting to gas station
site; and,
. walls are attractive, fire resistant barriers, and require lower maintenance than required
for fences.
BACKGROUND
The existing gas station is considered a nonconforming use due to its location and
noncompliance with current code requirements such as conditional use approval, and
buffers/landscaping, The construction of the buffer wall became a requirement in connection
with an upcoming application request from the owner for a major site plan modification, The
applicant intends to remodel the existing gas station building by closing the automotive repair
operations in the garage and using that existing space to increase the size of the convenience
store. The applicant is prohibited from adding on to the building and increasing the building
square footage on site, which would be considered an expansion of a nonconforming use,
The buffer wall is required only along the rear property line adjacent to residential, and is
required to be at least six (6) feet in height and located at least two (2) feet from the rear
property line so that it can be maintained without trespassing onto adjacent properties, The
applicant is proposing to construct a six (6) foot fence in lieu of the required minimum six (6)
foot masonry wall along the south property line that abuts single-family residences in a
subdivision zoned RIA,
Page 3
Memorandum No. PZ 05-186
ZNCV 05-007
Previously, a concrete slat or louvered wall was located along the side interior and rear property
lines, however this wall was recently removed by the applicant after it was damaged, Aerial
photographs from approximately 2003 indicate the site was also densely buffered along the side
interior and rear property lines, but current site conditions do not include any buffers, Due to
the recent removal of the buffer wall and most of the vegetation on site, the gas station site is
now very visible from adjacent residential properties to the south and southwest. The side
interior (west) and rear (south) yards of the service station, which are the highly visible areas
from adjacent residential properties, are used for dumpster service area, tanker truck parking for
filling up underground fuel storage tanks, unscreened outdoor storage of dozens of used tires,
and propane tank storage.
Florida Power and Light has a three (3) foot wide utility easement which runs along the rear
(south) property line of the subject property, Some existing vegetation along the rear property
line is located within this easement, and has been cut back so it does not interfere with the
power lines. The majority of the vegetation along the rear property line is unhealthy, weakened
by irregular pruning and storm damage, or consists of undesired exotic species, Landscape code
requirements address landscaping within easements: buffer walls are to be located outside of
easements for access purposes, and canopy trees are required to be planted outside of
easements so that roots and branches do not impact existing utilities,
ANALYSIS
The Board has the authority to grant a variance that will not be contrary to the public interest
when, owing to special conditions, a literal enforcement of the city ordinance would result in
unnecessary and undue hardship, However, the code states that a 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,
Page 4
Memorandum No. PZ 05-186
ZNCV 05-007
Staff reviewed the requested variance focusing on the applicant's response to the above criteria
contained in Exhibit "c", Staff does not concur with the applicant's justification to criteria "a"
above that there exists special conditions peculiar to the subject parcel, namely location of the
utility easement and existing trees within the easement. Utility easements are typically located
along the rear property line of lots and these easements are usually much wider than three (3)
feet. The existing foliage along the rear property line is considered marginal, most consisting of
unhealthy vegetation or undesirable exotic species, The existing foliage is in the way of the
power lines and should be removed in conjunction with future site redevelopment and replanted
with more formal landscape buffer plantings. Per the Landscape Code, buffer requirements
between commercial and residential properties require a buffer depth of five (5) feet. The
required buffer wall can be located three (3) feet or more from the rear property line outside the
FPL utility easement. Required shrubs which meet FPL guidelines can be planted within the
easement along the exterior side of the wall, and required trees and shrubs can be planted along
the interior side of the wall to provide the required buffer and additional screening from adjacent
residential properties,
With respect to criteria "b" above, the applicant states that the special conditions and
circumstances did not result from actions of the applicant. The applicant's justification states
that dense trees and shrubs were on site before he purchased the property in 2003, and the
trees caused the fence to disintegrate. The wall and much of the vegetation that was on site in
2003 has been cleared due to the applicant "trying to clean this property",
With respect to criteria "c" above, the applicant states that the situation is unique and applies
only to the applicant. The Land Development Regulations require a masonry wall between
commercially-zoned and residentially-zoned properties throughout the City, According to
Chapter 2, Zoning, Section 4.L, a solid, stucco masonry wall is required along the rear (south)
property line only, because this commercial property abuts a residential district only to the south,
In this situation, no buffer walls are required along the north, east, or west property lines, A
minimum two and one-half (2.5) foot planted landscape strip is required along the west property
line adjacent to other commercial zoning, in comparison with a five (5) foot buffer with wall
required adjacent to a residential zone,
With respect to criteria "d" above, literal interpretation would not deprive the applicant of rights
enjoyed by other property owners in the C-2 zoning district, and would not be an undue
hardship on the applicant. There is an alternative to comply with the code requirements without
the need for the requested variance. The masonry buffer wall is required to be outside of the
easement, and can be placed more than two feet from the property line. The required buffer
should include shrubs along the exterior side of the wall, and trees and shrubs along the interior
side of the wall. The side (west) property line should include a planted landscape strip of trees
and shrubs, however no wall or fence is required in this location. The applicant should
coordinate with FPL on tree removal within the FPL easement to further protect the power lines,
strive to be a good neighbor by effectively buffering the gas station from the adjacent
residences, and try to improve the property and bring the site up to code as much as possible.
With respect to criteria "e" above, the applicant purchased the property in 2003 and has since
had reasonable use of the property. Whether the condition of the fence was known at the time
or not, the new property owner assumed the existing conditions of the site improvements. If
Page 5
Memorandum No. PZ 05-186
ZNCV 05-007
the cement louver fence was aged and beyond repair, it is the responsibility of the applicant, as
owner of the property, to comply with the code requirements and replace the buffer wall outside
of the easement as required by the code, and also replace the wild undergrowth that has been
removed with more formal buffer plantings, The applicant's upcoming request for a major site
plan modification to remodel the gas station will require this nonconforming site to be brought
up to code, including landscaping,
With respect to criteria "f" above, granting the variance and allowing a fence instead of a wall
along the south property line will result in a less durable screen with more maintenance
requirements, and may not provide an effective screen for noise, emissions, and lighting.
Adjacent residential properties have been negatively impacted by the neighboring gas station,
and a fence rather than a masonry wall will not effectively mitigate the many negative impacts,
RECOMMENDATION
Staff recommends denial of this request for a variance from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a fence in lieu
of the required minimum six (6) foot high stucco masonry buffer wall to separate a commercial
district from the abutting residential district. It is the position of staff that the applicant has not
demonstrated that this request represents an undue hardship or the minimum necessary to
make possible the reasonable use of the property. The purpose of the buffer requirement is to
provide a visual and noise barrier between the residential and commercial properties. There are
alternative solutions noted herein which comply with the code requirements without the need for
the requested variance.
Staff conditions and any other condition(s) recommended by the Community Redevelopment
Agency Board or the City Commission will be included in the Exhibit "0" - Conditions of
Approval.
S:\SHRDATA\Planning\SHARED\WP\PROJECTS\302 W Boynton Beach Blvd\ZNCV 05-007\staff report buffer wall.doc
MWR/kz
..
1 in. = 102.1 feet
EXHIBIT "A" LOCATION MAP
IJ'~'Z..,
? l.Pt'TI~ ~ _ ~
--
IO.~-z.
> jj,l!.rH 10'
135.41 C/O<)
~",'
I,
!'i
~lol2.n-1 :
I
l~
~~E.
1'1:2.0'
1
$\\1
\l.:!
"3
J.~
l~
,-,
I
.....tIII
EXHIBIT "B"
,<::l
r'"
~~
, .3.0
1-
~ 1 .
:fv~_ ,
.... -' ,
luc.'-> :'
\l-.....
I
. 4t? 0
~.w. Z~~TRE.e.T '
-~
~
'J!....
<l,
>
..l...l
-1
"'.)
3
1
~
~j\
~ &
r-
In
';1
.;;
:>
.J
\J
::z
-.:::
~
~
'" ", I
~ '10
+----
't ~ ' ,
'!it: :>
:l ~ ' ",
~ ":
!~ :;;'."':
=
\
:2
.0-
il>
eJ
'\IJ
.--5
~ ~
~t
- -r
~ ~
I ~
-....
Ii
ld
~
~
..)
~:
3: "
,-' to' ;
- ,'5.
~t-
~i
_:l..
l-Ul
;;:~
.-L
\.)
~
1l..1
::0-
7-
o
2.
>-
~
;{)1
=r
v-~
~ \:... ~
,.,J.."
c.. .: .,........ .
2&.0'
A ;'
-..0 ~c
'- ~3
::~,
.., :
, <II.
/'" ':\'
A- ' ,
'--" ~. .."
-~ '.: .
\;S " '
&:,
N
~
4?,~I'
-p
1-1
-...
..
..
()
~
~~
:J~
52
,A
l
t'., ....
. . y ~
( "\ ' '" ,..
'!-- ~ ~
ILl. 'lL. \J
"'2 ----:"" _ ~
In ~ oY '"
lii .... ;t ~,..
,~~ '~~~
1--- ",,~~
'" , ~-.(r-
, ~'l5"
.!
-<ll-'
Iii
~-
~~
-:1-1.
-5)
-:1
~-;::,
~'. ':Z:
lj.o-
,se
-
~
\)
.s
~
-
'~
~
r-=
~
I::
2 '
~~', ..
;tdl ,
40.0'
ill~*
, ~:z
'.' )"
',0 .
",0
" \-
I --- VI
? ~:1.
~ ~
10' ]' i
I
1:S'C":i.41,(M)
(1
& t
<>
20l
-~~
~il
c1~
lI',,\
~
I~. 1)2.' (f>)
. .
'.,
'\)
-.{\
~
I-
~~
~1I
- '2
~D1
ur=S
- L~t-
E;: -t ..
~ '''-'
&i!'t
~ N
.n~
~.a
If\ N
('f\ 'i
\- ~
3,D
--t'N
~~
~.-.:
I"l r
"" ,
\-.
~~
c
\0'
4~
3
\!;~
~~
:3
...
~-
'" r-
~~
./"'
1-
-"'-
0-
........
N
""'
l-
I)
-' ,
~
J:\
~
C'-.\
~
~
~
\-
.9
..-
~
l-
t>
-'
d)
('1
\-
~
....
~
i
~
~
EXHIBIT "e"
Raj Properties Inc.
P. 0, Box 248
BOYNTON BEACH, FL 33425.
(561)758-5110
(561)752-2806 FAX
August 22, 2005
Re: Majestic Gas Station's Fence. 302 w. Boynton Beach Blvd, B.B., Florida 33435.
Dear Mr. Rumph,
I am writing you in reference to Variance application for above listed property. I am going
to try to represent the situation to best of my ability.
A. That special conditions & circumstances exist which are peculiar to the land, structure or
building involved & which are not applicable to other lands, structures or buildings in the
same zoning district.
Answer: We used to have Fence wall made of cement louver pre cast right on property line.
I think that fence was installed long time ago. Now, about five trees have grown right in to
them. And by those trees being there it would be impossible to build a cement block wall
there. See Appendix "A". Also if we put the wall 2 feet from adjoining property line, then
we run in to Trees plus Electrical and Telephone poles.
B. That the special conditions & circumstances do not result from the actions of the
applicant.
Answer: We purchased that property in January'2003, and ever since than we are trying to
clean this property. The trees that caused the fence to disintegrate are much older that 30
months. Initially the fence was fully covered with dense bushes, barely visible of its
condition.
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.
Answer: I think our situation is unique, and that is why it will apply to us alone.
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 & would work unnecessary & undue hardship on the applicant.
Answer: For us to have six feet tall block wall there, first we need to cut down about nine
large trees. Grind all the roots out. Also there is a issue for utility poles. And then put the
wall up.
E. That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building or structure.
~
EXHIBIT "C"
Answer: By letting us putting a six feet tall Vinyl Fencing or Wood Fencing there we do
not have to cut down any of those trees or interfere with utility poles. It will also give
privacy to the neighbors.
F. That the granting of the variance will be in harmony with the general intent & purpose of
this chapter & that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
Answer: I think by allowing us to build a Vinyl or Wood Fence, we achieve two goals at
the same time. One keep all those full grown trees and second have nice looking fence for
privacy.
Thank you very much.
Sincerely,
Rajesh Patel,
EXHIBIT "D"
Conditions of Approval
Project name: Majestic Gas Buffer Wall
File number: ZNCV 05-007
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\302 W Boynton Beach\ZNCV 05-007\COND OF APPROV AL.doc