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HomeMy WebLinkAboutOrders_Variances_03/09/2017_VAR 02-17_Bartl Real Estate, Inc ORDER OF THE VILLAGE COUNCIL VILLAGE OF TEQUESTA REQUEST FOR VARIANCE APPROVAL CASE NO.: VAR-02-17 FILED Vlllage Of Tequesta Date: � "�v � IN RE: Bartl Real Estate, Inc., Owner / Applicant �� a �� Time: �. PROPERTY LOCATION: U.S. Highway l, Tequesta, FL 33469 (between Palm Ct., and Harbor Rd., S.) LEGAL DESCRIPTION: JUPITER HEIGHTS LTS 1 TO 9 INC & ABND 40 FT STRIP LYG W& ADJ THERETO BLK 5 PARCEL CONTROL NUMBER: 60-43-40-30-02-005-0010 VARIANCES REQUESTED: Variance from Sec. 78-143 to allow construction of a new four story office building with a side setback of 20 feet where the code requires a side setback of 25 feet; and Variance from Sec. 78-143 to allow construction of a new four story office building with a rear setback of 10 feet where the code requires a rear setback of 15 feet; and Variance from Sec. 78-691 to allow construction of a new four story office building with seven of the required off-street parking spaces being a width of 9.5 feet where the code requires all off-street parking spaces to have a minimum width of 10 feet; and Variance from Sec. 78-696 to allow construction of a new four story office building with a loading zone located in the front drive aisle where the code requires the loading zone to be located outside of all designated drive aisles; and Variance from Sec. 78-409 to allow construction of a new four story office building with a one foot wide landscape buffer on a portion of the site between the parking i lot and the south side of the building where the code requires a four foot wide landscape buffer. ORDER APPROVING VARIANCE APPLICATION This cause came on to be heard upon the above application and the Tequesta Village Council having considered the evidence presented by the applicant and other interested persons at a hearing called and properly noticed, and the Tequesta Village Council, being otherwise duly � advised, THEREUPON, THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA FINDS AS FOLLOWS: Page 1 l. The subject property is located in the C-2 Zoning District in the Village of Tequesta. 2. The applicant has submitted all documents required by the Village's Code of Ordinances for variance review. 3. The application and all supporting documentation and presentation materials as reviewed by the Village Council at its March 9, 2017 meeting, and as kept on file by the Village, are made a part hereof and are hereby incorporated by reference as Exhibit "A". 4. According to Section 78-61, variance approval by the Village Council is required. 5. The applicants have applied for variances from Sections 78-143, 78-691, 78-696 and 78-409 to allow the construction of a new four story office building as specified above. 6. Under the provisions of the Village Code of Ordinances, the Village Council has the right, power and authority to act upon the request herein made. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: The application for Variance, Case No. VAR-02-17 with reference to the above described property within the Village of Tequesta, Palm Beach County, Florida, to allow construction of a new four story office building with a side setback of 20 feet where the code requires a side setback of 25 feet; and a reaz setback of 10 feet where the code requires a rear setback of 15 feet; and with seven of the required off-street parking spaces being a width of 9.5 feet where the code requires all off-street parking spaces to have a minimum width of 10 feet; and a loading zone located in the front drive aisle where the code requires the loading zone to be located outside of all designated drive aisles; and a one foot wide landscape buffer on a portion of the site between the parking lot and the south side of the building where the code requires a four foot wide landscape buffer in the C-2 Zoning District in accordance with Exhibit "A" is hereby APPROVED since the Village Council hereby finds that the applicants have met the standards set forth in Section 78-65 of the Tequesta Zoning Code for variance approval WITH THE FOLLOWING CONDITIONS OF APPROVAL: 1. The Applicant shall at all times comply with all off-street parking requirements in terms of the number of required off-street parking spaces provided. 2. The proposed parking spaces located in the bottom floor of the proposed building shall be available as off-street parking spaces and shall not be closed off from general use for off-street parking. Page 2 * The term applicant(s) as used hereir� shall include all successors and ussigns. * The variance shall expire within six months from the date of grant, unless a building permit based upon and incorporating the variance is issued within the six-month period and construction has begun thereunder. DONE AND ORDERED THIS 9 DAY OF MARCH, 2017. ) ;� (��.�' \ ✓i� � ' � MAYO AB GAIL B�ZENN , VILLAGE OF TEQUESTA � � � 1 ��'�.A� ��/ • _ �NN„1111111111011111�/; IIpI F r , ,,,,,, , LORI McWILLIAMS, MMC v �, GpRPp VILLAGE CLERK ��:' � '9�;••G�� , � � ;N � � �N�oR 'qL :a= =s , � P �RATED : � � V �� • 4, 19�.�..• `� . �'�` F LO R\ � P„ �� ' NINN��� Page 3 v� 6E - OFBTeoe VILLAGE OF TEQUESTA •f'oo„ couPr Community Development Department To: Mayor and Village Council Cc: Mr. Michael Couzzo, Village Manager �,• • From: Nilsa Zacarias, AICP, Community Development Director Date: 2.17.2017 Ref.: Austrade Building Variance Application and Review Process The Austrade Building applied for a Site Plan Review in 2016. The Development Review Committee (DRC) provided review comments to the applicant on November 18, 2016. The DRC includes community development, engineering (civil and traffic), landscaping, building, water, fire safety and law enforcement professionals. In order to proceed with the site plan review process, the Austrade Building is required to comply with zoning codes; so, the applicant is requesting approval of VAR 2 -17 application. In summary, the review and approval process for the Austrade Building is as follows: 1. Variance Application (VAR 2 -17) 2. DRC will continue site plan review 3. Planning and Zoning Board- Recommendation for Site Plan Review 4. Village Council - Final Site Plan Approval The focus of the subject application is the Variance; then, the site plan application will continue its review process, and it will return to the Village Council for final approval. With regard to subject Variance application, per Sec. 78 -65 (a (2), the Village Council "Authorize upon application in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship. The power to grant any such variance shall be limited by and contingent upon a finding by the planning and zoning board or village council that: a. 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. The special conditions and circumstances do not result from the actions of the applicant. c. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. d. 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 this chapter and would work unnecessary and undue hardship on the applicant. e. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. f. The grant of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public we Ifa re." 1 r f DEPARTMENTAL USE ONLY 19 VILLAGE OF TEQUESTA cut Department of Community Development Fee Paid: 345 Tequesta Drive Intake Date: rJr Tequesta, Florida 33469 Ph: 561 -768 -0451 / Fax: 561- 768 -0698 PROJECT # I : co h www.tcquesta.org APPLICATION FOR VARIANCE PLANNING & ZONING BOARD (Single Family) El Meeting Date: VILLAGE COUNCIL El Meeting Date: PROJECT NAME: Austrade Office Building PROJECT ADDRESS: Address not yet assigned; 0.50 acre property on east side of US Highway 1 between Palm Court and Harbor Road. Applicant Name: Bartl Real Estate, Inc. Applicant Address: 3309 Northlake Boulevard, Suite 109, Palm Beach Gardens, Florida 33402 Applicant Phone No.: 561586 -714 Fax No.: Cell Phone No.: E -mail Address: Provide written approval from the property owner, if other than the applkant. Property Owner's Name: Same Property Owner's Address: Prop.rty iwners.Phnne_No..• Fax_No.: — _--- -_--E- mail - Address• NATURE OF VARIANCE: (1) Side setback variance to allow for a 20 -foot side setback for a building with four levels; (2) rear setback variance to allow for a 10 -foot rear setback for a building with four levels; (3) parking space width variance to allow for 7 parking spaces at 9.5 -feet in width on side parking lot; (4) loading space variance to allow for loading space within the drive aisle; and (5) landscape variance to allow for less than four feet between the par. ' : r ea a th h face of the building. SIGNATURE OF APPLICANT: : �!� DATE: l —2s: NOTE: APPLICANT SHALL INCLUDE THE FO . ING ITEMS WITH THIS APPUCATION: 1) Current survey or site plan of property showing all structures and setbacks. 2) Drawings to scale of proposed improvements. 3) Variance Criteria Response — page 2 of application. 4) Any other documentation pertinent to this application. 5) List and map of all property owners within 300' radius of the outermost perimeter of subject property, obtained from PBC Property Appraisers Office. Labels of each property owner must be affixed to stamped self- adhesive envelopes with a Village of Tequesta return address label. 6) 15 Copies of all submittal documents. 7) Application Fee of A) Single Family: $ 300.00 C) Multiple Family $ 1000.00 B) Duplex: $ 700.00 D) Commercial $ 1000.00 To cover all additional administrative costs, actual or anticipated, including, but not limited to, engineering fees, consultant fees and special studies, the applicant shall compensate the village for all such costs prior to the processing of the application or not later than 30 days after final application approval whichever is determined as appropriate by the village. Failure to make such payment may be grounds for not issuing a building or zoning permit, certificate of occupancy or completion. Costs associated with advertising for public hearings and other public notice requirements are the responsibility of the applicant. The fee shall be paid prior to such application being scheduled for a public hearing requiring notice. 1 JUSTIFICATION OF VARIANCE: You must provide a response to each of the following questions per Zoning Code Sec. 78-65 (2) a.-f. If additional space is needed, please attach extra pages to this application. If your variance request is related to the public waters of the state comprising the Loxahatchee River and the Intracoastal Waterway and all creeks, canals or waterways or tributaries connected therewith, located within the geographical boundaries of the Village, you must also address the ten criteria listed in the Sec.76 -7 (next page). 1. 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. P lease see attached Justification Statement. 2 The special conditions and circumstances do not result from the actions of the applicant. P lease see attached Justification Statement. 3 Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. Pleasesee - Statement - -- -- 4 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 this chapter and would work unnecessary and undue hardship on the applicant. P lease see attached Justification Statement. 5 The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. P lease see attached Justification Statement. 6 The grant of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. P lease see attached Justification Statement. 2 MANAGED LAND ENTITLEMENTS Strategic management of land development design, entitlements and permitting. AUSTRADE OFFICE BUILDING VILLAGE OF TEQUESTA APPLICATION FOR VARIANCES PROJECT NARRATIVE /JUSTIFICATION STATEMENT REVISED FEBRUARY 16, 2017 REQUEST SUMMARY Bartl Real Estate, LLC ( "Applicant "), is hereby requesting approval from the Village of Tequesta (the "Village ") of an application for five (5) variances associated with an approximately 15,300 square foot business office building and related improvements (the "Project ") to be located on a 0.50 -acre property on the east side of US Highway 1 between Palm Court and Harbor Road South (the "Property "). FUTURE LAND USE AND ZONING The Property is located within the incorporated limits of the Village and has a Village Commercial (C) future land use designation and a Village Community Commercial District (C -2) zoning designation. BACKGROUND The Property is currently vacant, and to the knowledge of the Applicant has never been developed. In September of 2005, the Village Council unanimously approved a very similar multi -story office building project on the Property comprising approximately 13,400 square feet of space. Said project was never developed. The site plan for the previously approved project is being provided with this submittal for the Council's reference. Our office represents Bartl Real Estate, Inc. (the "Applicant "), which purchased the Property in June of 2016 with the intention of developing the Property with an office building to accommodate the office operations of its growing companies which are currently located within a multi- tenant office building on Northlake Boulevard. Austrade, Inc., the Applicant's primary company, is a B2B company involved in importing and wholesaling health food ingredients to manufacturers and processors. Lekithos, Inc., the Applicant's secondary company, has two components: (1) importing and wholesaling finished health food products to brokers, distributers and retail outlets; and (2) selling health food supplements directly to consumers based on purchases made online. The proposed office building will serve as an administrative office for the above - referenced companies. 3710 BUCKEYE STREET, SUITE 100, PALM BEACH GARDENS, FL 33410 • P 561.568.8045 Austrade Office Building — Application for Variances Project Narrative Revised February 16, 2017 Page 2 of 8 SUMMARY OF PROPOSED IMPROVEMENTS Below is a brief description of the primary components of the proposed Project: •: The proposed building (the "Building") comprises 15,328 gross square feet within four (4) levels as further described below (Note: It is important to note as part of the review of the subject application that the existing Property has a rather significant grade differential of approximately 7' to 8' from the front/west property line to the rear /east property line.): o The Ground Floor (Level 1) is accessed from the exterior only by way of the alley at the rear (east side) of the Building, as the western portion of the Ground Floor will be buried into the ground due to the aforementioned grade differential. The Ground Floor contains eight (8) enclosed parking spaces as well as a storage area (for Owner only), a fitness room (for Owner only) and smaller ancillary spaces. o The First Floor (Level 2) contains the main entrance into the Building via the main parking lot and is generally at the same grade as US Highway 1. Accordingly, the Building has the appearance of a three (3) story building from US Highway 1. The First Floor (Level 2) is planned to contain office space available for lease and would eventually be occupied by the Applicant's business entities at some point in the future once the demand for the additional space arises. The First Floor (Level 2) will be built -to -suit based on the needs of the future tenants. o The Second Floor (Level 3) is planned to have one (1) space available for lease with the remainder being occupied by the Applicant's business entities. o The Third Floor (Level 4) will be occupied by the Applicant in its entirety. ❖ The proposed site layout comprises a virtually identical design to the above- referenced project that was previously approved by the Village Council. Vehicular traffic enters the site via a two -way driveway at Palm Court, and parking is provided at street level to serve the tenants on Floors 1 -3 (Levels 2-4) of the Building. A total of 31 parking spaces are provided including two (2) parking spaces for the disabled and the eight (8) spaces on the Ground Floor (Level 1) previously mentioned. ❖ Due to the grade differential on the Property, a retaining wall is proposed along the south and east sides of the street level parking lot. The elevated parking with retaining wall design keeps all traffic utilizing the parking lot within the Property thereby avoiding the majority of Project traffic from utilizing the alley adjacent to the residential properties to the east. • A landscape buffer is being proposed along the east side of the alley to provide further buffering of the Property for the adjacent residences. + The alley will be improved with pavement, curbing, landscaping and signage as shown conceptually on the development plans being provided. ARCHITECTURE The design intent of the Building was to create a clean, contemporary building with a nautical, South Florida feel. The Building is cladded with large expanses of glass to allow natural Tight into the building spaces and sun louvers to respond to the effects of the Florida sun. The roof will be flat with access from one of the stairs and will house some mechanical equipment. The height of the Building is measured from the average of the elevation of the ground around the Building as per the Village requirements and measures 50' -0" to the tallest parapet as allowed in the C -2 Zoning District by the Village Land Development Regulations. Austrade Office Building — Application for Variances Project Narrative Revised February 16, 2017 Page 3 of 8 SITE PLAN AND VARIANCES The Project design team utilized virtually the same layout as the previously approved project referenced above when designing the proposed Project due to (1) the fact that the layout worked for the Applicant; (2) the site limitations due to the grade differential from west -to -east and the small size of the Property; and (3) the fact that the Village had already approved almost the same project. However, upon further review of the Village Code by the Project team and Village staff, it became evident that some of the site features previously approved by the Village were either no longer supported by Village staff and /or were not compliant with the current Land Development Regulations ( "LDRs ") of the Village based on code changes that have taken place since the previous approval. The Project team has made every effort to meet the requirements of the Village's LDRs when designing the Project but has found that in order to satisfy all of the requirements for commercial properties related to setbacks, buffer widths, parking space widths, foundation landscaping widths, curb radii, drive aisle widths, etc., on a site that comprises only 0.5- acres, it leaves only a very small building footprint to the point where the building becomes too small for a reasonable office development that would serve the Applicant's needs. While working to meet the requirements of the LDRs to the greatest extent possible and satisfying the requests of staff made during the first round of review of the pending DRC application for the Project, the Project team has modified the development plans for the Project to put forth a design that it feels meets the intent of the Village's LDRs and narrowly meets the minimum space needs of the Applicant. However, due to the small size of the Property, certain relatively minor variances to the requirements of the LDRs for commercially -zoned (C -2) properties, which regulations apply to all properties within the C -2 zoning district regardless of size, are needed. The required variances are the minimum variances needed in order to provide for a usable office project for the Applicant on a 0.5 -acre property, and the Applicant feels that they are well justified and will not create a negative precedent given the small size of the parcel and unique features of the Property and Project. The requested variances are listed and described below followed by the Applicant's demonstration of compliance with the variance criteria contained in the Village's LDRs. 1. Variance #1: Side Setback Code requirement: Section 78 -143: 20 feet at any intersecting street, plus five (5) additional feet per story for buildings greater than three (3) stories in height = 25 feet. Proposed: 20 feet. Discussion: The Applicant is proposing a side setback of 20 feet on the north property line. The Building has the appearance of a three (3) story building from US Highway 1, and thus would maintain compliance with the above - referenced side setback requirement of 20 feet; however, since the Building has an additional ground floor level with parking and storage underneath the building, the Building technically has four (4) levels thereby requiring an additional five (5) feet of side setback. The Applicant feels that placing the Building at 20 feet from the side property line provides for more than enough setback given the Building's three -story height as viewed from the front, and will not create any negative effects on adjacent properties. The variance is being requested based on the small size of the Property and the fact that the Building has the appearance of a three (3) story building from US Highway 1. Austrade Office Building — Application for Variances Project Narrative Revised February 16, 2017 Page 4 of 8 2. Variance #2: Rear setback Code requirement: Section 78 -143: 10 feet, plus five (5) additional feet per story for buildings greater than three (3) stories in height = 15 feet. Proposed: 10 feet from rear property line (actually 30 feet from the closest property line of the adjacent property due to the alley). Discussion: The Building is actually set back 30 feet from the residential property to the rear due to the alley; however, the setback is required to be measured from the rear property line of Property regardless the existence of the alley. If the alley was not present, the Building could be placed 15 feet from the residential property to the rear. Therefore, it is the Applicant's opinion that the existence of the alley justifies the Applicant's request to provide for a 10 -foot rear setback from the rear property line of the Property (and 30 feet from the residential property to the rear). 3. Variance #3: Parking space width for seven (7) spaces within side parking area Code requirement: Section 78 -691: 10 -foot -wide parking spaces. Proposed: 9.5 foot -wide parking spaces for seven (7) spaces within the side parking area. Discussion: Subsequent to the approval of the previously approved site plan which contained nine (9) foot -wide parking spaces, the Village Code was amended to require 10 -foot -wide parking spaces. The Applicant is providing 10 -foot -wide parking spaces along the front of the Project and along the four (4) spaces in the side parking area adjacent to the building, but is requesting to reduce the seven (7) parking spaces within the side parking area adjacent to Harbor Court South by six (6) inches to 9.5 feet wide based on the small size of the parcel and the fact that the Applicant is required to provide a 12- foot wide turnaround space since access cannot be provided to the alley from the parking lot due to the grade differential. The Applicant will commit to requiring employees to park in the 9.5 -foot wide spaces in order to leave the wider 10 -foot -wide spaces along the front and side for visitors. Additionally, the Applicant is proposing to provide signage designating the first four (4) spaces along the front as "Visitor Parking ". The variance is being requested based on the small size of the Property 4. Variance #4: Loading zone location Code requirement: Section 78 -696: Loading spaces shall be exclusive of driveways, aisles or drives provided for other off - street parking areas. Proposed: Loading zone to be located within drive aisle near front door. Discussion: The Applicant anticipates that the only regular loading activities that will take place at the Project will be postal deliveries (Fed Ex, UPS, etc.) which would typically park temporarily at the front door of the Building. Accordingly and due to the small size of the Property, the Applicant is requesting a variance to allow for the loading space to be placed within the main aisle of the Project by the front door. Due to the infrequency of loading activities, the Applicant does not anticipate any issues arising from same. It should be noted that the previously approved Project contained the loading space at the Austrade Office Building — Application for Variances Project Narrative Revised February 16, 2017 Page 5 of 8 rear of the a Pro which blocked the parking spaces underneath the Building and protruded into the Property P g P g P alley, both of which staff recently indicated were not acceptable. The variance is being requested based on the small size of the Property. 5. Variance #5: Landscape strip between parking spaces and building on side Code requirement: Section 78 -409: Parking rows and traffic aisles must be separated from principal structures on the side and front by a landscape strip of at least four feet in width. Proposed: Provide between one (1) to two (2) feet of landscaping between the parking spaces and the south side of the building. Discussion: The Applicant is providing a landscape strip of eight (8) feet in width between the front parking area and the front of the building (where only four feet is required), but is requesting relief on the south side of the building to allow for between one (1) to two (2) feet of landscaping between the parking spaces and the south side of the building. It should be noted that the previously approved project had zero (0) feet between the side parking and the Building. Again, the variance is being requested based on the small size of the Property in order to be able to accommodate a reasonable office development. The subject area for which the variance is being requested is only the width of four (4) parking spaces. In order to mitigate the reduced landscaped area being requested, the Applicant is providing wider than required landscape islands at both ends of said parking spaces and is providing a wider than required landscape strip on the front of the building which will be most visible from the street. The Applicant feels that the intent of the Village LDR's regarding landscaping is being exceeded with the proposed landscape areas. COMPLIANCE WITH VARIANCE CRITERIA Section 78 -65 of the Village's LDRs authorizes the Village Council to grant variances from the terms of the LDRs that will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the LDRs will result in unnecessary hardship. Said section also establishes the criteria listed below to be considered by the Village Council when granting variances. The Applicant's demonstration of compliance with said criteria for each variance being requested as noted above is also contained below: a) 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. Applicant's Demonstration of Compliance: 1. Variance #1 - Side Setback: The special conditions and circumstances that exist which are not applicable to others are (1) the fact that the proposed Building is a three -story building as seen from US Highway 1 due to the existing grade variation from the front to the rear of the Property, and a three story building would be compliant with the setback requirement, however the Building has another level of underground parking which is technically considered another floor thereby requiring the additional five feet of setback; and (2) the fact that the size of the Property is only 0.5 acres in size which makes it extremely difficult to develop a viable commercial project that meets all of the requirements of the Village LDR for commercially -zoned (C -2) properties regardless of size. Austrade Office Building — Application for Variances Project Narrative Revised February 16, 2017 Page 6 of 8 2. Variance #2 - Rear setback: The special conditions and circumstances that exist which are not applicable to others are (1) the fact that there is a 20 -foot alley right -of -way between the Property and the adjacent residential properties to the east and, therefore, there is actually a 30 -foot setback from the Building to the closest residential property line where 15 feet is required; and (2) the fact that the size of the Property is only 0.5 acres in size which makes it extremely difficult to develop a viable commercial project that meets all of the requirements of the Village LDR for commercially - zoned (C -2) properties regardless of size. 3. Variance #3 - Parking space width for seven (7) spaces within side parking area: The special conditions and circumstances that exist which are not applicable to others are (1) the fact that the size of the Property is only 0.5 acres in size which makes it extremely difficult to develop a viable commercial project that meets all of the requirements of the Village LDR for commercially -zoned (C- 2) properties regardless of size; and (2) the fact that the Applicant is required to provide a 12 -foot wide turnaround space since access cannot be provided to the alley from the parking lot due to the grade differential which takes up valuable parking lot space that would otherwise be used for parking. The Applicant is only requesting relief for seven (7) spaces and only of six (6) inches. 4. Variance #4 - Loading zone location: The special conditions and circumstances that exist which are not applicable to others are the fact that the size of the Property is only 0.5 acres in size which makes it extremely difficult to develop a viable commercial project that meets all of the requirements of the Village LDR for commercially -zoned (C -2) properties regardless of size. 5. Variance #5 - Landscape strip between parking spaces and building on side: The special conditions and circumstances that exist which are not applicable to others are the fact that the size of the Property is only 0.5 acres in size which makes it extremely difficult to develop a viable commercial project that meets all of the requirements of the Village LDR for commercially -zoned (C -2) properties regardless of size. b) The special conditions and circumstances do not result from the actions of the applicant. Applicant's Demonstration of Compliance: 1. Variance #1 - Side Setback: The special conditions and circumstances noted above do not result from the actions of the Applicant since the existing grade variation from front to rear and the size of the Property are existing features today. 2. Variance #2 - Rear setback: The special conditions and circumstances noted above do not result from the actions of the Applicant since the presence of the alley and the small size of the Property are existing features today. 3. Variance #3 - Parking space width for seven (7) spaces within side parking area: The special conditions and circumstances noted above do not result from the actions of the Applicant since the small size of the Property is an existing feature today. 4. Variance #4 - Loading zone location: The special conditions and circumstances noted above do not result from the actions of the Applicant since the small size of the Property is an existing feature today. 5. Variance #5 - Landscape strip between parking spaces and building on side: The special conditions and circumstances noted above do not result from the actions of the Applicant since the small size of the Property is an existing feature today. c) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. Austrade Office Building — Application for Variances Project Narrative Revised February 16, 2017 Page 7 of 8 Applicant's Demonstration of Compliance: Response for Variances 1 -5: Granting of the variances will not confer on the Applicant any special p g PP Y P rivile a that is denied to others since the variances are justified based on the special conditions noted g justified p ed above that are specific only to the subject Property that is only 0.5 acres in size. d) 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 this chapter and would work unnecessary and undue hardship on the applicant. Applicant's Demonstration of Compliance: Response for Variances 1 -5: Due to the small size of the Property, literal interpretation of the provisions of the LDRs would reduce the Building footprint to the point where it was not a viable commercial office building and far too small for the Applicant's space needs. e) The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Applicant's Demonstration of Compliance: 1. Variance #1 - Side Setback: The site setback variance of only five feet is the minimum that would provide for a viable building for the Applicant's space needs and still meets the setback requirements for a three (3) story building as the Building is viewed from US Highway 1. 2. Variance #2 - Rear setback: The rear setback variance of only five feet is the minimum that would provide for a viable building for the Applicant's space needs and still provides for a true setback of 30 feet from the closest residential property line. 3. Variance #3 - Parking space width for seven (7) spaces within side parking area: The Applicant is providing compliant parking spaces along the front of the Property where visitors will be parking, g and is only asking for relief of six (6) inches for the seven (7) parking spaces in the side parking lot. Accordingly, the variance is the minimum that will be make possible the reasonable use of the land. 4. Variance #4 - Loading zone location: The variance related to the loading zone location is the minimum since there is not enough room on the site to have a dedicated loading space location outside of the property driveway due to the small size of the parcel. 5. Variance #5 - Landscape strip between parking spaces and building on side: The variance related to the landscape strip between four (4) parking spaces and the side of Building is the minimum that will allow the provision of code required landscape buffers, drive aisles, parking spaces, etc., while not reducing the building footprint such that it is no longer viable. f) The grant of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Applicant's Demonstration of Compliance: 1. Variance #1 - Side Setback: The side setback variance of only five (5) feet is in harmony with the general intent of the Village LDRs and will not be injurious to the area involved or otherwise detrimental to the public welfare since the building has the appearance of a three (3) story building Austrade Office Building — Application for Variances Project Narrative Revised February 16, 2017 Page 8 of 8 • from US Highway 1 and would comply with the setback requirements for same. Additionally, there is no impact to nearby properties by placing the building at 20 feet to the north property line rather than 25 feet. 2. Variance #2 - Rear setback: The side setback variance of only five (5) feet is in harmony with the general intent of the Village LDRs and will not be injurious to the area involved or otherwise detrimental to the public welfare since the building actually has a 30 -foot setback from the closest residential property line due to the alley, where 15 feet would be required. 3. Variance #3 - Parking space width for seven (7) spaces within side parking area: The parking space width variance for seven (7) spaces is in harmony with the general intent of the Village LDRs and will not be injurious to the area involved or otherwise detrimental to the public welfare as employees will be directed to park in said spaces, and said spaces at 9.5 feet wide are wider than the previously approved plan and compliant with or wider than the parking requirements in most other municipalities. 4. Variance #4 - Loading zone location: The loading space location variance is in harmony with the general intent of the Village LDRs and will not be injurious to the area involved or otherwise detrimental to the public welfare since the only regular deliveries that will take place at the Project will be postal (Fed Ex, UPS, etc.) deliveries which typically park near the front door of facilities. There will be no negative impacts by the location of the loading space. 5. Variance #5 - Landscape strip between parking spaces and building on side: The subject variance is in harmony with the general intent of the Village LDRs and will not be injurious to the area involved or otherwise detrimental to the public welfare since the reduced area will be contained to a short stretch, and landscaped areas along the front of the Building and within other areas within the Project exceed the minimum requirements of the Village. QA61NG As we hope is evidenced above, the Applicant is proposing to bring forth a first class project to the Village while meeting the intent of the Village's Land Development Regulations to the greatest extent possible. However, due to the small size of the Property, a few relatively minor variations from the requirements of the LDRs are needed to make the Project work. We respectfully request the Village's consideration of the Project and required variances and look forward to working with the Village to bring the project to fruition. 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