Gateway Texaco (4) DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Gateway Texaco
APPLICANT'S AGENT: Mr. Bedl 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 vadance 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.
X 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:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The App!i~ant
,'~,, HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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".
The Appli .cant'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.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED: IC,-~-- o_~
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EXHIBIT::"B" :" -
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STATEM'ENT OF SPECIAL
CONDITIONS
STATEMENT OF SPECIAL CONDITIONS
Ao
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 sp;cial 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'perry 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.
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 ii denied by this OrdinanCe t° 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.
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.
Eo
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.
That the granting of the variance '~vill be in harmony with the general intent
and purpose of this chapter and that such variance will not be injurious to the
area involved or otherwise detrimental to the public welfare:
Granting there variances Will be in harmony with the intent and purpose of this
chapter and that these variances will not be injurious to the area but an asset to
the area. This business will not be a detriment to the neighborhood but the
opposite, it will be an asset to the community.
EXHIBIT "D"
Conditions of Approval
Project name: Gateway Texaco
File number: Landscape buffers ZNCV 03-016 and 03-017
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
X
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:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~ .~. ^ ~
1.
S APlanning~SHARED\WP~PROJECTS\Gateway TexacokZNCV 03-010-03-017,23,24\COA Landscape buffers ZNCV 03 -016 and 03-017.doc