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800 Mariners Way Variance (2025.01.0531) DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 800 Mariners Way - Variance (2025.01.0531) APPLICANT: Mariners Way Association, Inc APPLICANT'S ADDRESS: 744 Mariners Way, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2025 APPROVAL SOUGHT: Approval of a variance request from Part III, Chapter 3, Article V, Section 3.0 "Supplemental Regulations" to grant an increase in the length of a docks, more than one-quarter (1/4) the width of the water way where no more than one-quarter (1/4) of the width is permitted; the requested deviation varies from 1.1 feet to 5.4 feet. LOCATION OF PROPERTY: 800 Mariners Way DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. v✓ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval 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 approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant J HAS HAS NOT established by substantial competent evidence a basis for the approval 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 Applicpnt's request is hereby J GRANTED subject to the conditions referenced in paragraph 3 above. 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 t_,:= • conditions of this order. gOYNT0N' ‘� GORPOR,yp�••• 7. Other: SEAL ••,, Alk : INCORPORATED; 1 DATED: �� ` I� + � •••,) •• City Clerk �`. WRION EXHIBIT "C" Conditions of Approval Project Name: 800 Mariners Way - Variance File number: 2025.01.0531 Reference: City Commission Hearing June 3, 2025 requesting updated Location Survey and Tabling Hearing DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. At the time the Engineer of Record submits plans for a building permit, an in-depth review will take place. The plans shall be in compliance with all Land Development Regulations, the Engineering Design Handbook and Construction Standards (EDHCS) and all other applicable standards and requirements set X forth by the city or other public entities having jurisdictional responsibility. PLANNING AND ZONING Comments: 2. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004, and an affidavit with attachments X (ownership list, radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning &Zoning one (1)week prior to the first public hearing. 3. Approval of the Variance application does not grant approval of any Building Permit. Each property owner must secure Building Permit X approval prior to commencement of repair/replacement of any dock, to include both local and state regulations. POLICE Comments: None. BUILDING Comments: None. PARKS AND RECREATION Comments: None. 800 Mariners Way (2025.01.0531) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT FIRE Comments: None. COMMUNITY REDEVELOPMENT AGENCY Comments: None. 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A K!E W I SSW a...r nr I i 0 p ` _• 1 t;"IP I 4 f ..r.--4 a x _ _ MATCH LINE'8' • '-1 Ii..,_ £11 I C i\ h - 1,0 Ibiio c)k i Icliri w a S-3 :, b,,,___._ ___,_ ..„ :.,n t13b •4 t. 'k Z a m ., o N a 0 ti ii a , ° 3 a ti P.,iitYg11'tfigi VirYgd 66 G :GG�i ae *I;-' r:a! = .. �- . t ii z_ --ax- a 44 44444=,$$i=1Nii8QL1L1 i S41$11eC44i4 ,! t I WEA4443t M '3 yIIAMa•Milti4Y14 PRI;ir SPECIFIC PURPOSE ` `.„' SURLOCATION SURVEY .:..„..1 .°.moi,,wrtM1aM�Wiruuy i�<uo u.,�., MISKEL BONNIE MISKEL•SCOTT BACKMAN• ERIC COFFMAN • HOPE CALHOUN DWAVNE DICKERSON • ELIC RACHARIADES•CHRISTINA BILENKI C I] BACKMANLLP DAVID MIL.L.F.DGF.•SARA THOMPSON •JEFFREY SCHNEIDER 800 Mariners Way Variance Request Revised:April 17, 2025(Updated June 20, 2025) Mariners Way Association, Inc., ("Applicant"), is the owner of the ±2.52 acre waterway property located at 800 Mariners Way (PCN: 08434522300010000) ("Property"),which is generally located at the terminus of NE 12th Avenue between N. Federal Highway and the Intracoastal Waterway, in the City of Boynton Beach ("City").The Applicant is the property owner's association for a development called Manatee Cove, which has 32 townhome-style units that all abut a canal with access to the Intracoastal Waterway. The Property has a zoning designation of R3, Multifamily, and a land use designation of MCL, Mixed Use Low. On the Property are ±31 existing docks that were constructed beginning back in the late 1980s. Eleven of the existing docks are nonconforming and extend further into the waterway than permitted by the City's Land Development Code ("Code"). Due to their age, the docks may eventually need to be repaired or replaced. Should these docks require replacement, any new docks would need to meet the City's current zoning code requirements. As a result, the Applicant is requesting a variance for these 11 docks to allow the existing marine facilities(i.e.docks, dolphins, etc.)to extend up to a maximum of 27.4 feet, which will allow for future dock replacement to maintain their same general layout while still ensuring safe passage for other marine vessels. Due to a varying shoreline,the enclosed exhibit provides canal width, maximum encroachment, existing dock length, and the resulting variance for those 11 docks which require a variance. Unlike most properties within the City and the R3 zoning district, this Property is located along a natural waterway, where water levels fluctuate throughout the day. The shoreline also supports critical ecosystems, including mangroves,which are essential for erosion control and water filtration. The combination of fluctuating water levels and the presence of these ecosystems makes the existing dock lengths crucial for safe boat access. Since these docks are presently legally non- conforming, repairs or reconstruction of these docks would potentially require compliance with the current zoning regulations. Under City Code Part III, Chapter 3, Article V, Section 3(0), "all docks... shall not extend farther into the waterway than one-quarter(1/4)the width of the waterway for private or commercial docking... facilities." According to available records, the waterway's width varies between 82 feet to over 91 feet, meaning the docks would be allowed to extend no more than 20 to 23 feet into the waterway.As such,the Applicant is requesting a variance to allow the existing docks to extend up to a maximum of 27.4 feet, ensuring both safe boating and the preservation of the natural ecosystems. 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. The Property is uniquely situated along a natural, fluctuating waterway that features mangroves and other vegetation along its shoreline. Unlike many other properties in the same zoning district,which may border artificial canals or waterways with more consistent depths, the Property's natural conditions create challenges that require the existing dock lengths.The fluctuating water levels in this natural body of water mean that shorter docks would leave t.+1(561)405-3300 +1(561)409-2341 0 www.miskclbackman corn 9 14 SE 4th Street,Suite 36 Boca Raton,FI.33432 boats vulnerable to grounding during low tide, creating safety hazards for vessels, passengers, and the shoreline itself. Recent water depth data indicates that in areas where docks extend near the maximum code-allowed encroachment has water depths averaging between 2 and 3 feet, and as low as 9 inches during low tide. In comparison, at the proposed dock line, average water depths increase to about 5 feet. The extended dock lengths allow boats to remain in deeper water regardless of tide fluctuations, ensuring safer docking and navigation. Additionally, the presence of mangroves and other shoreline vegetation makes the Property distinct. Shorter docks would force boats to dock closer to the mangroves, increasing the likelihood of physical damage to these ecosystems, or the Applicant would need to seek removal of said mangroves, which is not a preferable solution. Mangroves provide erosion control, wildlife habitat, and water filtration. The existing dock lengths help mitigate these risks and allow the preservation of the existing mangroves. b. That special conditions and circumstances do not result from the actions of the applicant for the variance. Special conditions and circumstances are not a result of the actions of the Applicant. The Applicant inherited these conditions and circumstances. No modifications to the docks have been undertaken by the Applicant that contributed to the current non-conformity with the 25% waterway width requirement. The docks were originally constructed decades ago, and are shown on stamped plans of record of the City, enclosed herein as an exhibit. The natural conditions of the waterway, including fluctuating water levels and the presence of mangroves along the shoreline, further show that the Applicant did not create these circumstances.Shorter docks would lead to harm or the removal of the mangroves, as boats would need to dock closer to the mangroves, risking damage or destruction to these ecosystems. Additionally, the fluctuating tides of the natural waterway would make shorter docks unsafe, exposing boats and passengers to grounding hazards. These challenges are inherent to the Property's location and natural features, not a result of any actions by the Applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands,structures or buildings in the same zoning district. The requested variance does not confer on the Applicant any special privilege.The Applicant is requesting the variance to maintain the existing dock lengths, which are necessary to address the unique natural conditions of the Property. Many of these docks were constructed decades ago, and their extended lengths are essential for mitigating challenges created by fluctuating water levels and the proximity of mangroves. The extended dock lengths allow boats to remain in deeper water during low tide, ensuring safe docking and navigation while preventing damage to both the shoreline and vessels. t+1(561)405-3300 6+1(561)409-2341 0 www.miskelbackman.com V 14 SE 4th Street,Suite 36 Boca Raton,FL 33432 Granting this variance does not provide the Applicant with an advantage over other properties, but rather ensures the Property can be used safely and responsibly in light of its natural conditions. Many properties in the zoning district do not face similar challenges, particularly those that are inland or adjacent to more controlled waterways that have seawalls or do not have mangroves. The variance simply allows the Property to function within its unique environmental constraints without harming the surrounding ecosystem or public welfare. d. That literal interpretations of the provisions of the 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. A literal interpretation of the 25% waterway width requirement would impose significant hardship on the Applicant by requiring the removal or reduction of the existing docks (and/or the removal of mangroves), which are vital for both the safety of boaters and the protection of the shoreline. As stated above, the areas where docks extend near the maximum code- allowed encroachment, as reflected on the enclosed exhibit, has water depths averaging between 2 and 3 feet,and as low as 9 inches during low tide. By comparison, at the proposed dock line, average water depths increase to about 5 feet.The fluctuating water levels of this natural waterway make shorter docks impractical, as they would leave boats vulnerable to grounding during low tide due to the natural shoreline. This safety issue, if not addressed, would deprive the Applicant of the ability to use the Property in a manner similar to other properties along controlled or artificial waterways, where shorter docks are sufficient to ensure safe access. Additionally, shortening the docks would force boats to dock closer to the mangroves or for these mangroves to be removed, risking damage to these critical ecosystems. The docks' current configuration allows boats to remain safely away from the shoreline and the mangroves, preserving these vital resources for erosion control, wildlife habitat, and water filtration. Without the variance, the Applicant would face undue hardship by being unable to maintain safe and functional docking facilities that are in harmony with the natural conditions of the waterway. e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. The variance is the minimum variance that will make possible reasonable use of the land.The requested variance seeks only to maintain the existing dock lengths,which are necessary to allow reasonable use of the Property and accommodate the unique natural conditions of the waterway.The current dock configuration is the minimum length required to ensure safe and effective docking, while also preventing harm to the mangroves and other shoreline vegetation. Enclosed with this application is an exhibit which sets forth the maximum encroachment,the existing dock length, and the resulting variance. t+1(561)405-3300 8+1(561)409-2341 www.miskclbackman.cotn Q 14 SE 4th Street,Suite 36 Boca Raton,FL 33432 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 be otherwise detrimental to the public welfare. Granting the variance to maintain the existing dock lengths will align with the general intent of the Code by promoting safety, protecting the environment, and ensuring responsible land use. The existing dock configuration helps preserve the health of the natural waterway by keeping boats safely away from the natural shoreline and the existing mangroves, thereby avoiding harm to these ecosystems that provide erosion control,water filtration, and wildlife habitat. Additionally, the extended dock lengths, where average water depths increase to about 5 feet, ensure that boats can dock safely despite fluctuating water levels, minimizing the risk of safety hazards such as grounding. This helps protect the public welfare by reducing the potential for accidents that could affect not only the Property owner but also other users of the waterway. Lastly,the variance will not be injurious to the area or neighboring properties, as it preserves the integrity of the natural environment while allowing the Applicant to use the Property in a manner that is both safe and ecologically responsible. Overall, granting the variance supports the broader goals of environmental protection and public safety in the City. t+I(561)405-3300 +1(561)409-2341 0 www.miskclbackman.com 9 14 SE 4th Street,Suite 36 Boca Raton,Fl.33432 `�- �� CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION G v 100 E. Ocean Avenue • Boynton Beach, FL 33435• (561)742-6260 A e- 'titpN O� GENERAL INFORMATION Project Name (if applicable): Ma • riners Way Dock Variance Project Address(es): 800 Mariners Way Request Type: ❑ Abandonment (ABAN) ❑ Conditional Use Time Ext. (CUTE) ❑ Mobile Vending Unit (MVU) ❑ Admin. Adjustment (ADAJ) ❑ Dev of Regional Impact Annual Rpt. (DRIA) ❑New Site Plan (NWSP) ❑ Admin. Appeal (ADAP) ❑ General Application (GA) ❑ Parking Lot Variance (PKLV) ❑ Admin. Waiver ❑ Height Exception (HTEX) ❑ Rezoning (REZN) ❑ Annexation (ANEX) CILand Use Plan Amend/Rezoning (LUAR) ❑ Sidewalk Café (SWCP) ❑ Cell Tower (TELE) ❑ Landscape Appeal (LAAP) ❑ Site Plan Time Ext (SPTE) CI Code Review (CDRV) CI Lot Line Modification (LLM) ❑ Subdivision Master Plan (SBMP) CIComm. Design Plan Appeal (CDPA) CI Major Site Plan Mod (MSPM) ❑ Temp Signs/Banners (SIBA) ❑ Comm. Development District(CDD) ❑ Master Plan Mod (MPMD) ❑ Use Approval (USAP) ❑ Comp Plan Text Amend (CPTA) ❑ Master Plan Time Ext (MPTE) ❑ Zoning Code Admin Appeal (ZNCA) ❑ Conditional Use (COUS) ❑ Minor Landscape Plan Mod (MLPM) ❑� Zoning Code Variance (ZNCV) ❑ Minor Modification Site Plan (MMSP) ❑ Zoning Code Verif. Letter(ZCVL) AGENT INFORMATION — complete in its entirety Contact Name: Davi• d Milledge Company Name: MI• Sk@I Backman LLP Address: 14 SE 4th Street, Suite 36 Contact Phone: 561-405-3351 Boca Raton, FL 33432 Fax: Email: FEES Fee Description: Zoning Code Variance Fee Description: Amount: $ Amount: $ 1 FOR OFFICE USE ONLY P&Z PROJECT NUMBER: Intake by: Payment In Full? Y N Intake Date: Check#: NAVILINE PROJECT NUMBER: Action Date Action Date Pre-App Meeting DART Meeting Submittal/Resubmittal Legal Ad 1S` Review Comments P&D Board Meeting Public Notice/IPARC City Commission Meeting • S:\Planning\Forms\P&Z Applications\Current Style\P&Z Permit Application&Forms\PZ Application Coversheet.doc 2/1/2018 Page 1 The City of Boynton Beach Y o,. Development Department r`' Planning &Zoning Division o r 100 East Ocean Avenue o`\� o Boynton Beach, Florida 33425-0310 hr0N ev (P): 561-742-6260 www.boynton-beach.org OWNER'S CONSENT FORM MARINERS WAY ASSN INC ,the I] sole owner or ❑partial owner of record of the property legally described as: Property Owner's Name MARINERS WAY TRS A, C, E & E 25 FT OF ABND PT OF NE 12TH ST If additional space is needed for the legal description, please check here 0and attach additional pages as necessary. StreetAddress: 800 Mariners Way City: Boynton Beach State: FL Zip Code: 33435 PCN: 08434522300010000 states that he/she has thoroughly examined and is familiar with the application submitted to the City of Boynton Beach Development Services Department—Planning and David Milledge, Miskel Backman LLP MARINERS WAY ASSN INC Zoning Division, submitted by _ on behalf of and expr- j.nsnts1j e of the subject property for the purpose described in the application. Ar Si:'at re ( ,fit be , :I;nal signature) This Section must be completed by the Public Notary On this day of —SCotu U v' J , 20 2,‘-1, ,the foregoing instrument was sworn to and subscribed before me by If individual: O , and individual (Name of Person Acknowledging) \\ If corporation: l�l \l Ot yl�-1 LG{(l.Y'- as Q ift" (C)e frt} (Name of Person Acknowledging) (Position, Type of Authority, Officer) For ACM w1F Y S 11)c"I &'st,.TvilWPersonally, Known or O Produced Identification Type of Identification ,,,,; . ROBERT SEIDEN 3.'' , MY COMMISSION#Mil 173539 Signature of Notary Public ,•. • EXPIRES:September 22,2025 '' ''"•" ' Bonded Pau Notary Public Underwriters Robert Seiden — — Name of Notary Printed and Commission Number Place Notary Seal Stamp Above M Last Revised: 02.27.2023 MARINER'S WAY ASSOCIATION, INC. 800 MARINERS WAY BOYNTON BEACH, FL 33435 Statement of Interest in Property and Authorization to File Petitions Mariners Way Association, Inc., certifies that it is the Owner of the subject property located at 800 Mariners Way (PCN: 08434522300010000) in the City of Boynton Beach and authorizes MISKEL BACKMAN LLP, as agent, to submit and process any and all development applications to the City of Boynton Beach, Palm Beach County, and the State of Florida and in the approval and permitting of the proposed redevelopment, and appear at any meetings or public hearings necessary for the approval, permitting and development of the proposed redevelopment located within the City of Boynton Beach and Palm Beach County. Tiffan Easle Print ic Signat 999 West Y m. o Road, Suite 320 Address Boca Raton, FL 33431 City/State/Zip State of Florida County of Palm Beach The foregoing instrum nt was acknowledged before me by means of physical presence or online notarization,this Z— day of Janus 2025, by Tiffany Easley, as President of Mariners Way Association, Inc., who is t/ personally known to me or who has produced as identification and who did take an oath. "'11111„ NOTARY PUBLIC: ,, WOLFF .42-" yPUBLIC' Sign:i>414v 0 yGO01.0 �Ze � Print: J i � r; I�t.� >e M My Commission Expires: -7-- \ •• •STATE F�'•�`� tows //1//N/IIIIIN/INI GST Y O = PLANNING AND DEVELOPMENT DEPARTMENT 0 U PLANNING & ZONING DIVISION ~TO N 4;„ STAFF REPORT To: Mayor Rebecca Shelton Members of the City Commission Thru: Amanda B. Radigan, AICP LEED AP Planning and Zoning Director From: Gabe Sevigny Principal Planner Date: July 15, 2025 Project: 800 Mariners Way - Variance (2025.01.0531) Requests: Approval of a variance request from Part III, Chapter 3, Article V, Section 3.0 "Supplemental Regulations"to grant an increase in the length of a dock, more than one-quarter (1/4)the width of the water way where no more than one-quarter (1/4) of the width is permitted. The request only pertains to eleven (11) docks ranging from 1.1 feet to 5.4 feet. BACKGROUND The subject property is comprised of one (1) parcel, approximately 2.52 acres generally located east of the Federal Highway and Northeast 12`h Avenue intersection, at 800 Mariners Way zoned R-3 (Multi-Family Residential District). The site is adjacent to an existing multi-family development, owned by the Mariners Way Association, Inc, and consists of approximately 31 existing docks with access to the Intracoastal Waterway. One side of the waterway is a natural shoreline while the opposite side has a man-made seawall. This causes the width of the waterway to drastically change throughout the area. Pursuant to Part III, Chapter 3, Article V, Section 3.0, a dock shall not extend into the waterway more than one-quarter(1/4)the width of the waterway. The proposal is a variance to allow eleven (11) existing docks that are in need of repair/replacement to go further into the waterway than one-quarter (1/4) of the width of the waterway and already currently in place. The requested lengths range between 1.1 feet to 5.4 feet (Exhibit C — Location Survey). As mentioned above, the natural shoreline of the north portion of the waterway is what causes the differing ranges of the variance request. The existing docks were constructed largely to already approved permits. While staff was able to locate nearly all of the building permits allowing for the docks where they are currently located, staff was unable to determine to which starting point previous approvals were granted for shoreline, waters edge, or property line for determining the one-quarter (1/4) of the width of the waterway. As the docks were previously approved, they would be considered to be Legal Non-Conforming. Pursuant to Part III, Chapter 3, Article V, Section 11.8.2 "Nonconforming Regulations", if a nonconforming structure that requires repair that is greater than fifty percent (50%) of the assessed value, the nonconforming structure will be required to meet current Land Development Regulations. If the repair is less than fifty percent (50%) but more than thirty-three percent (33%), the repair would still require a variance issued by the City Commission. As the eleven (11) docks in question could have costs greater than 30%, the requested variance is required in order to repair/replace the docks in question. PROPOSAL The applicant is seeking a variance to the eleven (11) docks within the development in order to anticipate future needs of the property owners. If approved, a property owner can seek a building permit to repair/replace decks with future building permit approvals and state approvals. Approval of this request would expedite future needs of the residents to repair/replace docks. While there are multiple requests, it is within the scope of one (1) variance as all the docks are within one (1) common area owned and maintained by the Mariners Way Association, Inc. As such, the variance would need to run with the land with the prescribed measurements below: • Unit 646 is requesting 22.0 feet where only 20.5 feet is allowed, a variance of 1.5 feet, • Unit 650 is requesting 21.5 feet where only 20.4 feet is allowed, a variance of 1.1 feet, • Unit 728 is requesting 23.2 feet where only 21.5 feet is allowed, a variance of 1.7 feet, • Unit 732 is requesting 26.1 feet where only 22.7 feet is allowed, a variance of 3.4 feet, • Unit 736 is requesting 27.2 feet where only 22.3 feet is allowed, a variance of 4.9 feet, • Unit 740 is requesting 27.4 feet where only 22.0 feet is allowed, a variance of 5.4 feet • Unit 744 is requesting 25.3 feet where only 21.6 feet is allowed, a variance of 3.7 feet, • Unit 748 is requesting 22.8 feet where only 21.2 feet is allowed, a variance of 1.6 feet, • Unit 752 is requesting 23.3 feet where only 21.2 feet is allowed, a variance of 2.1 feet, • Unit 756 is requesting 23.4 feet where only 21.2 feet is allowed, a variance of 2.1 feet, • Unit 760 is requesting 22.4 feet where only 21.0 feet is allowed, a variance of 1.4 feet. While LDRs does allow for City Commission to prescribe a reasonable time limit within which the action for which the variance is required shall begin, be completed, or both, the intent of the proposal is to run with the land for future repairs/replacements as needed. ANALYSIS The City Commission has the authority and duty to authorize, upon appeal, such a variance from the terms of the City ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the City ordinance would result in unnecessary and undue hardship. In order to authorize the variance, the applicant must demonstrate that the request meets the following criteria (a-f). The applicant's justification and response to these criteria is attached (see Exhibit B - Justification Statement). 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. The property is situated along a natural, fluctuating waterway that features mangroves and other vegetation along the shoreline. Extended docks within this area will preserve such mangroves and other natural vegetation along the shoreline. As stated in the applicant's justifications statement, with the natural waterway, there are fluctuating depths of water nearer to the shore that also change with low tide, that are not the same as other properties with artificial canals and waterways. Extended docks will allow for boats to stay in deeper water that will assist with docking and navigation b. That the special conditions and circumstances do not result from the actions of the applicant. Staff was able to locate the approved permits for each of the current docks being requested for a variance. The permits were reviewed against the layout of the attached Location Survey that was prepared June 11, 2025, to verify if what is currently existing meets what was previously approved. Staff has determined that what was previously approved, does meet what was prepared and submitted. 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. The granting of the variance will not confer any special privilege that doesn't currently exist today. The applicant is seeking the variance for previously eleven (11) approved docks to be repaired/replaced where they are currently located, without concern of what amount of the repair/replacement cost would be in the future. This will preserve the existing shoreline and add safety to future docking maneuvers. 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. The literal interpretation of the provisions of the ordinance may make the proposed development less feasible, and according the applicant's Project Statement, impose a significant hardship. It would require each of the requested eleven (11) docks that are replaced to move closer to the shoreline and either disturbing existing mangroves, or having them removed. As noted above, if a repair cost less than fifty percent (50%) but more than thirty-three percent (33%) the property owner would still have to secure a variance at that time for a dock. This could also lead to a longer review process for a property owner with an unsafe dock. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. The requested variance is the minimum variance requested for what is currently constructed and currently built. 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 believes that granting this variance would have virtually no impacts upon surrounding properties considering the docks are existing and have been existing within private property. Staff also agrees with the applicant's project statement that the proposal is in alignment with the Land Development Regulations by promoting safety, protecting the environment, and ensuring responsible land use. The applicant's project statement that the existing dock configuration helps preserve the health of the natural waterway by keeping boats safely away from the natural shoreline and existing mangroves, that the extended dock lengths can dock safer in fluctuating water levels, and protects the public welfare by reducing the potential for accidents that could affect not only the Property owner but also other users of the waterway. CONCLUSIONS/ RECOMMENDATION Based on the analysis contained herein, staff recommends APPROVAL of this variance request, to allow for docks to extend into the waterway more than the one-quarter (1/4) of the width of the water way based on the following justification: 1. The uniqueness of this subject property, with natural shorelines to include existing mangroves and vegetation, and fluctuating depths closer to shore; 2. The request is for existing docks that were approved by the City under previous Land Development Regulations; 3. The request will assist with property owners to quickly address docks that are in disrepair allowing for safer conditions; and 4. The area in question is within private property where only residents of the area are able to traverse having no negative impacts on the surrounding area. 5. That the below units are the only units with docks needing a variance and any future permit must reflect the measurements below: • Unit 646 is requesting 22.0 feet where only 20.5 feet is allowed, a variance of 1.5 feet, • Unit 650 is requesting 21.5 feet where only 20.4 feet is allowed, a variance of 1.1 feet, • Unit 728 is requesting 23.2 feet where only 21.5 feet is allowed, a variance of 1.7 feet, • Unit 732 is requesting 26.1 feet where only 22.7 feet is allowed, a variance of 3.4 feet, • Unit 736 is requesting 27.2 feet where only 22.3 feet is allowed, a variance of 4.9 feet, • Unit 740 is requesting 27.4 feet where only 22.0 feet is allowed, a variance of 5.4 feet • Unit 744 is requesting 25.3 feet where only 21.6 feet is allowed, a variance of 3.7 feet, • Unit 748 is requesting 22.8 feet where only 21.2 feet is allowed, a variance of 1.6 feet, • Unit 752 is requesting 23.3 feet where only 21.2 feet is allowed, a variance of 2.1 feet, • Unit 756 is requesting 23.4 feet where only 21.2 feet is allowed, a variance of 2.1 feet, • Unit 760 is requesting 22.4 feet where only 21.0 feet is allowed, a variance of 1.4 feet. Staff has reviewed this request for a Zoning Code Variance and recommends APPROVAL based on the analysis contained herein. Staff does not have any conditions for the requested relief, however, any conditions recommended by the City Commission shall be documented accordingly in the Conditions of Approval in Exhibit "E". S:\Planning\SHARED\WP\PROJECTS\800 Mariners Way_Mariners Way\Vairance_2025.01.0531_Mariners Way Docs\City Commission