2010-06-29 Order Zoning Variance 713 U.S. 1 Mondo's Outdoor seatingVILLAGE OF NORTH PALM BEACH
ZONING BOARD OF ADJUSTMENT
ORDER ON VARIANCE APPLICATION
Applicant: Timothy F. Hullihan, AIA, Agent for M & W Rentals, L.C. (Property
Owner)
Property Location: 713 U.S. Highway One, North Palm Beach, FL 33408
Legal Description: Lot 13 and the northerly 20 feet of Lot 14, Block 1, Country Club
Addition to the Village of North Palm Beach according to the plat
thereof recorded in Plat Book 25, Page 130 of the public records of
Palm Beach County (PCN: 68-43-42-16-06-001-0130)
Request: Variance from Section 45-36(Q)(3)(i) (outdoor seating) of the Village
Code of Ordinances to allow an awning to encroach twenty feet (20')
into the required setback (no encroachment permitted) and allow
decks, tables, chairs, umbrellas, fencing, screening and dividing
materials a total of thirty-six feet, eight inches (36'8") into the required
setback (twenty-three feet, four inches (23'4") permitted).
THIS MATTER came before the Zoning Board of Adjustment on April 13, 2010.
After considering the testimony and other evidence presented during the course of a
properly noticed public hearing, it is hereby ordered and adjudged as follows:
1. Applicant's request for a variance meets the requirements of Section 21-21
of the Village Code of Ordinances and is hereby APPROVED.
2. In accordance with Section 21-21(c)(2)b of the Village Code of Ordinances,
the Board's approval of Applicant's variance request is subject to the following condition:
The variance granted herein is solely for the benefit of the existing restaurant
operated by Mondo's of North Palm Beach, Inc. Should Mondo's of North
Palm Beach, Inc. no longer operate the restaurant located on the Property,
this variance shall terminate and any new business shall be required to
comply with the then applicable Code requirements for outdoor seating or
seek an new variance.
DONE AND ORDERED this
ATTEST:
di Nentwick, Planner/Secretary
day ofi �� t —` , 2010.
Village of North Palm Beach Zoning
Board of Adjustment
Dianne Reeves, Chair
Zoning Board ol'Adjustment I leetine Minutes
April 13, 2010
VILLAGE OF NORTH PALM BEACH
ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
Date: April 13, 2010
Present: Dianne Reeves. Chair
I..ouis Daniello_, Vice Chairman
Roy Chapin
Curtis Witters
Peter Carvajal
Ted Bukowski, 151 Alternate
Keith Davis, 2nd Alternate
Charles Huff, Community Development Director
Jodi Nentwick, Planner/Secretary
Leonard Rubin, Village Attorney
The Chair Mrs. Reeves called the meeting to order at 6:30 P.M., all members were present.
The Village Attorney, Leonard Rubin, including Community Development Director, Charles
Huff, Building Official, Jim Brown and Village Planner, Jodi Nentwick, swore in all persons
testifying and present at the beginning of the meeting.
Motion Mr. Witters, second Carvajal to approve the meeting minutes held on September 29,
2009 and October 27, 2009 as submitted. Motion passed 5-0.
Chair reads the legal notice advertised on Saturday, April 10, 2010 in the Palm Beach Post.
An application submitted by Timothy F. Hullihan, AIA, agent for M & W Rentals, L.C.
(Mondo's of North Pahn Beach), property owner, requesting a variance from Section 45-
36(Q)(3)(i) of the Village Code (outdoor seating), which requires that: (1) permanent or
temporary structures (awnings and roofs) shall not encroach into the required building setback
areas, and (2) tables, chairs, umbrellas, fencing, screening and dividing materials shall not be
located closer than two-thirds of the required front setback. The applicant is seeking approval
for a twenty foot (20') encroaclnnent (as if the front yard setback were 50 feet (50') rather than
70 feet (70') into the front setback) for the installation of an awning and, for the placement of
decks, tables, chairs, umbrellas, fencing, screening and dividing materials and other non -roof
structures. an additional 13 feet, four inches (13'4") into the front setback (a 23 feet, four inch
encroachment (23'4") is presently permitted). The property is located at 713 U.S. Highway One
within the C -A commercial zoning district.
Chair calls for discussion by proponents
Larry Smith on behalf of Gary Dytrych & Ryan located at 701 U.S. Highway One, spoke in
favor of the project.
Jodene Hayes, 728 Eastwind Drive, spoke in favor of the project.
Zoning [bard of Ad ustment' leering \linutes
April 13. 2010
Gina Mondanaro, owner of Mondo's of North Palm Beach, spoke in favor of the project.
Chair calls for discussion by objectors
Lee Collum. 704 Eastwind Drive, expressed his concerns regarding additional noise that «could
affect the neighbors along the 700 block of Eastwind Drive.
Chair Reeves requested the petition of ten names dated April 9, 2010 to be submitted as part of
the minutes.
There were no letters submitted.
Discussion took place concerning the existing noise in the rear parking lot and noise abatement.
Motion Mr. Carvajal, second Mr. Daniello to grant the variance as submitted
After sworn by Mr. Rubin, Randy Ward, of M & W Rentals, I..C., property okvner requested if
the Board N ould reconsider the motion be granted to the current tenant (Mondo's of North Palm
Beach) in lien of the property,
Motion Mr, Carvajal, second Mr. Daniello to amend the motion to grant the variance solely for
the benefit of the existing restaurant operated by Mondo's of North Palm Beach Inc. Should
Mondo's of North Palm Beach, Inc. no longer operate the restaurant located on the property, this
variance shall terminate and any new business shall be required to comply with the then
applicable code requirements for outdoor seating or seek an new variance. Motion passed 5-0,
There being no further business, the meeting was adjourned at 7:29 P.M
t01entwick, Secretary of the Board
Zo;iing Board of Adjustment
Village of North Palm 3each
North Palm Beach Florida 33408
Dear Sirs:
We the undersigned respectfully request that the application submitted by Timothy f Hullihan AIA agent
for Mondo's restaurant be denied. Our concern is for the noise which would be produced by having
ourdoor seating. We request that our right to enjoy our property without the increase in noise be held
as impor�ant use of our property and that the request be denied.
Respectf,!lly,
Name
Address
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713 U.S. Highway 1 -Variance Rede
Mondo's of North Palm Beach
April 13, 2010
Created 3/16/2010
Affidavit of Public Notice Mailing Requirements
Notice of: [ j
Project:
Applicant Name:
Location:
Rezoning
Large-scale Comprehensive Plan Amendment
Small-scale Comprehensive Plan Amendment
Variance
Planned Unit Development (PUD)
Kdo/ 01 S dot&v-
Md 4 �w-k a(+ as)
13 U.S.
NC,
In order to assist in providing adequate notice to interested parties, the applicant shall mail the
required notices pursuant to Section 21-3 of the Village of North Palm Beach Code of
Ordinances. It shall. be the responsibility of the applicant to mail the required notices prior the
public hearing.
I i�l�ty,
Y
Representing Q1 � i\1dY 1 V1 lC{ w bm cC 1
Declare as follows:
On the 31"rt day of � VCI , 20 (,ti , I did mail the required
notices within 500 feet of the property referenced above to notify the public of Village action
regarding Project File No.
mai''
See attached mailing-Iist, for proofS t�� q ,
Applicant's / Representative's Signatur '
State of Florida }
County of Palm Beach )ss
he foregoing document was sworn a subscribed before
,
, 2010 by rn a )} %A kJ who
me or ❑ produced as identification.
me this — day of
er rsonal_ 1y known to
Notary Public
My Commission Expires:
"Exhibit A"
Mondo's of North Palm Beach
Ordinance 45-31
C -A Commercial District
April 13, 2010
VILLAGE OF NORTH PALM BEACH
ZONING BOARD OF ADJUSTMENT
Meeting Date: April 13, 2010
Date Prepared: April 8, 2010
REQUEST FOR A VARIANCE TO INSTALL OUTDOOR SEATING WITHIN THE
FRONT SETBACKS LOCATED AT 713 U.S. HIGHWAY ONE
APPLICANT: MONDO'S OF NORTH PALM BEACH
APPLICANT'S REQUEST: A request by Timothy F. Hullihan, A1A, agent for M & W
Rentals, L.C. (Mondo's of North Palm Beach), property owner, requesting a variance
from Section 45-36(Q)(3)(i) of the Village Code (outdoor seating), which requires that:
(1) permanent or temporary structures (awnings and roofs) shall not encroach into the
required building setback areas; and (2) tables, chairs, umbrellas, fencing, screening
and dividing materials shall not be located closer than two-thirds of the required setback.
The applicant is seeking approval for a twenty foot (20') encroachment (as if the front
yard setback were 50 feet (50') rather than 70 feet (70') into the front setback) for the
installation of an awning and, for the placement of decks, tables, chairs, umbrellas,
fencing, screening and dividing materials and other non -roof structures, an additional 13
feet, four inches (13.4") into the front setback (a 23 feet, four inch encroachment (23' 4")
is presently permitted).
Applicant(s):
Timothy F. Hullihan, AIA (agent)
Owner(s):
M & W Rentals, L.C. (Mondo's of North Palm Beach)
Address/Location:
713 U.S. Highway One
Net Acreage:
0.8264
Legal Description:
68-43-42-16-06-001-0130
Existing Zoning:
45-31 C -A Commercial District
Future Land Use:
Commercial
Adjacent Zoning:
North:
C -A Commercial District
South:
C -A Commercial District
East:
C -A Commercial District
West:
R-1 Single -Family Dwelling District
Adjacent Existing Land Use:
North: Commercial
South: Commercial
East: Commercial
West: Low Density Residential (fewer than 5.80 residential units per
gross acre)
APPLICANT'S VARIANCE REQUEST
Refer to Justification Statement prepared by Timothy F. Hullihan, AIA., owner's
agent for M & W Rentals, LC. (Mondo's of North Pam Beach) on March 16, 2010.
men
L�3R7TI11►1s7
The property consists of approximately 0.8264 acres (35,997 sq. footage) with a 4,750
sq. foot restaurant that was built in 1972. Mondo's of North Palm Beach opened their operation
in North Palm Beach at the above location in 1991. In 1993, the east and west elevations of the
existing restaurant were expanded and in 1996, the existing storage room was converted into
the bakery area.
In 1999, the Village enacted Ordinance 6-99 to allow Outdoor Seating as an accessory
use for Food Establishments within the C -A Commercial District and C -B Commercial District.
In the C -A Commercial District, the front setback states "All buildings facing U.S. [Highway No.]
1 shall be set back from the right-of-way to provide a front yard of not less than seventy (70)
feet".
III. Analysis of Criteria and Findings for Variance
Below are listed the six (6) variance criteria from Code Section 21-21 which all must be
met before a variance can be granted..
CRITERIA 1: 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;
CRITERIA 2: That the special conditions and circumstances do not result from the
actions of the applicant;
CRITERIA 3: That granting the variance requested will not confer on the Applicant any
special privilege that is denied by the ordinance to other lands, buildings
or structures in the same zoning district,-
CRITERIA
istrict;CRITERIA 4: That literal interpretation of the provisions of the subject 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
unnecessary and undue hardship on the Applicant.:
CRITERIA 5: That the variance granted is the minimum variance that will make
possible the reasonable use of the land, building or structure;
CRITERIA 6: That the grant of the variance will be in harmony with the general intent
and purpose of the ordinance and that such variance will not be injurious
to the area involved or otherwise detrimental to the public welfare.
In granting any variance, the board of adjustment may prescribe
appropriate conditions and safeguards in conformity and any
ordinance enacted under its authority. Violation of such conditions
and safeguards, when made a part of terms under which variance
is granted, shall be deemed a violation of the ordinance
The board of adjustment may prescribe a reasonable time limit
within which the action for which the variance is required shall be
begun or completed or both.
Under no circumstances, except as permitted above, shall the
board of adjustment grant a variance to permit a use not generally
permitted in the zoning district involved or any use expressly or by
implication prohibited by the terms of the ordinance in the zoning
district. No nonconforming use of neighboring lands, structures or
buildings in other zoning districts shall be considered grounds for
the authorization of a variance
IV. CONSISTENCY WITH THE COMPREHENSIVE PLAN
The Village's Comprehensive Plan, Policy 1.A.4 states:
b. Maximum lot coverage ratio shall be 35% regulations (not to exceed 12;599), and
therefore the variance request is not inconsistent with the Village's Comprehensive Plan.
THE VILLAGE OF NORTH PALM BEACH
APPEAL TO THE ZONING BOARD OF ADJUSTMENT
Date �`c ° `', I e#c
Appellant
Address
Owner il'-OAA(e,N flt,
Address c3�,, i k
Location of Propert 33
Legal Description:,W
Lot Li1" ; Block I Plat 17T5
*NOTE: Complete Section 1 or 2 below as applicable. Do not fill in
more than one section. This application is not acceptable
unless all required statements have been made. Additional
information may be supplied on separate sheets if the space
provided is inadequate.
►*ww,twwwwwwwwwwwwwwwwwwww*wwwwwwwwwwwwwww*wwww**wwww*www*wwwwwwww*w**w*wwww**wwwwww***www*ww
SECTION 1: APPEAL FROM DECISION OF BUILDING OFFICIAL
Relation: to the Enforcement of Zoning Ordinance
Describe decision of Building Official from which appeal is made:
Provision of Zoning Ordinance in question:
APPLICATION FOR A VARIANCE
SECTION 2:
Provision of the Zoning Ordinance from which a variance is requested:
Peculiar or unusual conditions which justify a variance as requestea:
*****************************************'***'********'k******************************fir********
NOTE: A filling.jee of $200.00, (two hundred dollars) is required with
w_ kt.application.
'App llant Signature
****k*******************************************************************************k*******
**Status:
Building Permit
Date Issued
Date Application Filed
Notice of Hearing
Advertised on
Date of Hearing
Notice mailed to
Clerk, Zoning Board of Appeals
Decision:
Application or appeal granted
or denied in accordance with
the terms of following
resolution:
Date:
W—ch 30. - 010
Village of North Palm Beach
501 U.S. t-ljhway One
:Forth Palm Beach, I=I:.. 33408
Ike: .,'tondo's ()LwtdOOr Seating
To Whorn It N -lay Concern:
I. Raody Ward., property owner of 713 U.S. Highway One, North Palm Beach. Florida
(Mondo's of North Palm Beach) authorize Tirrxathy F. f luilihan. AIA, to act as my agent
in all miners associated with gaining approval tt e:on5truct {outdoor Seating at said
location. Mr. I-Iullihan is authorized to represent me and my business partners at
menings to sign documents: cmwoe m ne-otimions and otherwise I-eprusent my partners
and me as Our agent. f,
Si
1M 7-,, W Dentals. 1.-C
State of Florida
Onm y of I'alni F each
e.,.
ig document Was sWOM and subscribed before me this day of
Wd b} „ti �£ `it w11U LS lii l'So11£dl}' ka1o1'a1 to ila2
as identification.
;dot ary Public t /�
Nly Commission Erpires ` t--"-
�.
TIMOTHY F. HULLIHAN, AIA
840 Country Club Drive
North Palm Beach. Florida 33408
561 .301.4616
tm arrhitect@nisn.com
March 16, 2010
Jodi Nentwick, Planner
Village of North Palm Beach
501 U. S. Highway One
North Palm Beach, FL 33408
RE: Mondo's Outdoor Seating
Dear Jodi:
On behalf of Mondo's of North Palm Beach, we are requesting a variance to the
70 -foot front yard setback that presently limits, unnecessarily, Mondo's ability to
update their product and compete within the current Northern Palm Beach County
restaurant marketplace.
Since Mondo's opened in 1991, two significant events have fundamentally
changed the restaurant marketplace in Northern Palm Beach County. First,
smoking within most restaurants was banned throughout the County. Second, two
large centers for restaurants and retail were opened: City Place to the south and
"restaurant row" between the Turnpike and Military Trail on PGA Boulevard. Each
of these offers an abundance of outdoor seating to take advantage of our seasonal
weather and address the need to provide outdoor seating for patrons that smoke.
Consequently, North Palm Beach's U.S. One corridor, which was once lined with
restaurants (including numerous national chains), continues to experience a decline
in restaurant activity. The recent demolition of DeCesare's created the 3"' vacant
lot on U.S. One from a former restaurant site. Each of these sites faced many of
the same challenges that Mondo's is now facing:
1. Their CA zoning establishes a 70 -foot back from U.S. One.
2. They are between larger structures that have the same setback requirements.
3. Covered outdoor seating is not permitted to encroach into the setback.
4. Uncovered seating can only encroach into the setback 23'-4".
Mondo's believes that adding a significant amount of covered outdoor seating will
help them compete effectively within the current marketplace, however, their
current zoning does not permit it. Like the restaurants that were demolished before
them, they are sandwiched between 2 multi -story office buildings that have the
same setback requirements. They have succeeded for years in spite of poor
visibility by offering an excellent menu, friendly and admirable service and a
comfortable yet elegant atmosphere. While their faithful local clientele remains
strong, their ability to draw new customers is limited by poor visibility, their inability
to provide an outdoor dining environment, and strong competition that does not
suffer from these limitations.
311612010, Mondo's, page 2 of 2
In considering the options by which these obstacles could be mitigated for
Monclo's, we considered rezoning the parcel to C1 A. This zoning, which some
parcels on U.S. One have, carries only a 50 -foot setback. This smaller setback
enjoyed by other parcels on U.S. One is all Mondo's needs to execute their plans
for outdoor seating. However, changing zoning is an expensive process and one
that carries with it many changes to the parcel that are both inconsistent with those
immediately adjacent to it and unnecessary to accomplish Mondo's goal.
Applying for a variance to permit a 50 -foot setback on the parcel that is applicable
only to the construction of covered outdoor seating is the preferred course of
action. We believe this variance to be justified under Article III, Section 21-21 of the
Code of Ordinances Village of North Palm Beach (The Code) because their unique
circumstances align with the 6 listed criteria in The Code.
1. Both the structure and the land are unique. The narrow 100 -foot wide lot forces
the majority of their parking to the rear making the 70 -foot setback intended to
accommodate front yard parking, inapplicable. More importantly, however,
Mondo's represents the last freestanding locally owned and operated restaurant
on U.S. One that has served our community for nearly 20 -years.
2. The conditions that limit Mondo's ability to modernize and compete in the
marketplace did not result from actions of the applicant.
3. Mondo's will not be receiving special privilege from this variance because there
are only two other freestanding restaurants on U.S, One without outdoor seating.
Granting the same variance, should their zoning require it, would be welcomed.
4. Both the indoor smoking ban and North Palm Beach's outdoor seating
ordinance were enacted after Mondo's was built to the front yard setback line.
Newly constructed restaurants on U.S. One are afforded the opportunity to
incorporate outdoor seating within their setback. However, existing restaurants
do not have this flexibility. Consequently, Mondo's CA zoning and the Village's
outdoor seating ordinance create unnecessary and undue hardship by
establishing a competitive advantage for newly constructed restaurants.
5. The 50 -foot setback requested is the minimum variance that will make an
elegant outdoor seating environment possible. Fifty feet is both the setback for
parcels on U.S. One that have a C1 A zoning and a distance that will allow only
20 -feet of covered outdoor dining.
6. The intent of the outdoor seating ordinance was to permit outdoor dining at
restaurants in North Palm Beach. The 70 -foot setback was intended to
encourage front yard parking and push multi -story buildings back from U.S.
One. Neither is applicable to Mondo's and, therefore, granting the variance will
not be disharmonious with the general intent and purpose of these ordinances.
As stated above, we believe this variance request meets all 6 of the criteria for
granting such a variance. We respectfully request that our application be placed
on the April agenda for the Zoning Board of Adjustments.
We thank you in advance for your thoughtful consideration of this request.
ega
i
Timotl F. H than. AIA
NAmvh 30, 2010
Village ofNorth Palm Beach
501 U.S.Highway One
North Palm l3each, I -L. 33408
Re: Mondo's, Outdoor Seating
To Whom It Ivlay Concern:
|, Randy Ward, p.ropertyo"merof7]3 O.8. Highway One., Nm(h Palin Beach, Florida
(IN,londo's of North Palm Beach) ninhorize Timothy F. HuMl, Alk to ao as my agent
inall matters ussocixwd"All gQnWg nppmvx|mConstruct Outdoor seating, atsaid
\uoodun- Mr. 8uDihon io outhorircdturcprcscoi me ond myhosiocsxpannus o(
moc\in8y(oApt dnconucii1s;o iuoe8oUu1ionsand otherwise represent mypartners
sill, C
(21
State o[Florida
2(y h A& "to is personally knoxvii it) me
or prod tied I as identiflQatioll.
Not, Y`Nblic
My Commission [`.xpires: