CORRESPONDENCE
0."!ie City of
tBoynton tBeac/i
Pfanning & Zoning 'Department
100'E. 'Boynton 'Beadi 'Boufei/ard
P.O. 'Bo;r.31O
'Boynton 'Beac./i, :FCoritfa 33425-0310
(407) 738-7490, :F:U: (407) 738-7459
1993
Mr. Jack Hugen
Jeff Falkinger and Associates
614 South Federal Highway
Fort Lauderdale, FL 33301
Dear Jack:
I have reviewed the updated sketch that you have furnished
regarding the California Federal sign at the southwest corner of
Boynton Beach Boulevard and Congress Avenue and find them to be
acceptable. Therefore, my statements in my letter of
November 20, 1992 still stand about leaving the sign in place.
Based on our conversations, your client would like you to apply
for variances so that the four sign faces can be left in place as
opposed to reducing the sign faces. I would suggest that this
variance not be applied for at this time.
The reason for this is because a variance is only good for one
year and has to be implemented in that time. Since the sign
still has a life of three years left, I would suggest that your
client apply for a variance for this item approximately 7 months
before the date the sign must be brought into conformance with
the sign code.
I hope this letter is of some help to you. If you should have
any questions, please feel free to call me.
Sincerely,
~~
Christopher cutro
Planning and Zoning Director
CCjjm
Att.
A:CALFED.JM
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P!a.nning & z.oning 'Department
100 'E. 'Boynton 'BelUli 'BouUvart{
P.O. '13o:{.31O
'Boynton 'BelUli, J[orida 33425-0310
(407) 738.7490,1"-'<<: (407) 738.7459
Mr. Robert Banting
Anderson and Carr
521 S. Olive Avenue
West Palm Beach, FL 33402
Dear Mr. Banting:
This letter is in response to your letter regarding the
California Federal freestanding sign located at the southeast
corner of Boynton Beach Boulevard and Congress Avenue.
From our research, we have found that the four-sided sign was
included as part of a site plan in 1977. This site plan was
approved by the City Commission. Therefore, the sign was a
conforming sign when it was constructed.
In 1979, the sign code was changed and the sign became non-
conforming because it had more than two sides. However, it met
the height, square footage and setback regulations as they
related to signs. In addition, the sign could remain
indefinitely because there was no requirement for removal of
nonconforming signs.
In 1987, the County took a corner of the property for the right-
of-way and, at that point, the sign became nonconforming for a
second reason because it overhangs the property line.
In 1988, the sign code was amended again and the two prior
nonconformities continued to exist (number of sides and
overhang). In addition, nonconforming signs were required to be
removed within three years of adoption. This meant that the sign
was scheduled to be removed after October 18, 1991.
In 1991, the sign code was again amended and at this point the
whole situation becomes very complicated.
First, the sign became more nonconforming as to sign size and
setback. Sign size was reduced to 128 square feet for a two-
sided sign. The existing sign is 264 square feet on ,four sides.
The setback was increased to 10 feet. Therefore, the sign is ,
nonconforming as to size, setback and number of sides. The code
states all nonconforming signs must be removed within five years
of adoption, which would be August of 1996.
.1menca s gLlte7.l'ay to tlie <.ju(f'stream
Mr. Robert Banting
Page 2
However, the 1991 sign code exempts certain signs from the
amortization process (see attached). This means that two sides
of the sign could remain at their existing square footage and the
sign may be able to remain if it meets the other criteria of
section 21-23.
The applicable section of 21-23 is Section b. of the second
paragraph which requires unobstructed cross visibility between 30
inches and 6 feet in a triangle that is measured 35 feet in each
direction from the intersection of the right-of-way lines of
Boynton Beach Boulevard and Congress Avenue. Using the drawing
provided to us, the north side of the triangle appears to be
short on that leg by about two feet, but the sign does maintain
the required cross visibility height. If the area near the sign
is not paved for automotive use, we feel the sign can remain.
However, if there is to be vehicular paving under the sign or
near the sign (within three feet of the corner), the sign should
be moved. This is because the normal setback is 10 feet and
clearance over vehicular use area is 16 feet. The present
clearance of the sign is only 9 feet.
To summarize, assuming that no vehicular use takes place under or
near the sign, the sign structure can remain. By 1996, the sign
must be reduced to a two-sided sign unless a variance is granted.
I realize that a great deal of this information is superfluous,
but I believe it is necessary to understand how we arrived at our
decision.
I hope this letter is of some help to you. If you should have
any questions on this matter, please feel free to call me.
Sincerely,
~~
Christopher Cutro, AICP
Planning and Zoning Director
CC/jm
Att.
A: CALFED.JM
& 21-21
BOYNTON BEACH CODE
thetic considerations which must be met and are therefore subject
to review by the community appearance board when required.
(a) The scale of the sign must be consistent with the scale of
the building on which it is to be placed or painted and the
neighborhood in which it is located. However, in no case
shall it exceed the size provided for in other sections of this
chapter.
(b) The overall effect of the configuration or coloring of the
sign shall be consistent with the community design guide-
lines. The configuration and colors shall be complementary
with other signs already on the building and on adjacent
properties.
All freestanding signs shall be landscaped in an attractive
manner, appropriate to the specific location, with a minimum
dimension of the landscaped area not less than two (2) feet. Land-
scaping shall be protected from vehicular encroachment. (Ord.
No. 91-1, ~ I, 1-15-91)
Sec. 21.22. Interpretation.
Where a question arises regarding the interpretation of this
chapter, the most restrictive interpretation shall prevail.
Interpretations of this chapter shall be made by the building
official or designee. (Ord. No. 91-1, ~ 1, 1-15-91)
Sec. 21.23. Setbacks.
All signs must meet a minimum ten-foot setback measured
from the property line to the closest surface of the sign. Where a
building is closer than ten (10) feet from a property line, a free-
standing sign can have its leading edge one-halfway between the
property line and the building. Wall signs can be on the building
surface.
When an accessway intersects a public right-of-way or when
the subject property abuts the intersection of two (2) or more
public rights-of-way, all signage within the triangular areas de-
scribed below shall provide unobstructed cross-visibility at a level
Supp, No, 47
1496
SIGNS
~ 21-24
between thirty (30) inches and six (6) feet. The triangular areas
above referred to are:
(a) The areas of property on both sides of an accessway formed
by the intersection of each side of the accessway and the
public right-of-way line with two (2) sides of each triangle
being ten (10) feet in length (or more when determined to
be necessary by the building department), from the point of
intersection and the third side being a line connecting the
end of the other two (2) sides.
(b) The area of property located at a comer formed by the
intersection of two (2) or more public or private rights-of-
way, with two (2) sides of the triangular area being thirty-
five (35) feet in length along the abutting public right-
of-way lines, measured from their point of intersection and
the third side being a line connecting the ends of the other
two (2) lines. (Ord. No. 91-1, ~ 1, 1-15-91)
Sec. 21.24. Signs permitted in residential zoning districts.
[The following signs are permitted and regulated in residential
zoning districts:]
(a) One (1) customary plaque not exceeding two (2) square feet
in area.
(b) On plots containing permitted nonresidential structures or
uses, a flat or freestanding sign, not exceeding thirty-two
(32) square feet in area will be permitted. A flat wall sign
must not be higher than ten (10) feet, nor a freestanding
sign higher than six (6) feet. Such signs may advertise the
main use of the premises only.
(c) Temporary real estate signs
(1) Single-family: One (1) real estate sign not exceeding
five (5) square feet in area and no taller than four (4)
feet is allowed per street frontage.
(2) Multifamily or commercial: One (1) real estate sign not
exceeding thirty-two (32) square feet in area and no
taller than six (6) feet is allowed per street frontage.
(d) A condominium or residential development may erect single
faced name signs on each side of all entrances on site walls
Supp. No. 47
1497
SIGNS
~ 21-32
tial subdivision or residential development. These signs
must be approved by the City Commission after a recom-
mendation by the Technical Review Board and the Com-
munity Appearance Board. Upon approval by the City Com-
mission, the City and the representatives of the residential
subdivision or residential development shall enter into a
license agreement, setting forth the terms and conditions
upon which approval to place the sign on the public right-
of-way is granted. Approval by the city does not preclude
the necessity to secure approvals from other governmental
agencies as required.
(d) [Temporary political signs.] Temporary political signs may
be posted on private property within the city during the sixty-day
period preceding any local, state, or national election, with the
consent of the property owner. Candidates or parties desiring to
post such signs shall file with the city clerk a notice of intention,
to post same prior to the posting of any such sign and shall agree
to remove any such signs so posted within ten (10) days after the
date of the election. No fee shall be required in connection with
the posting of temporary political signs. Political circulars and
handbills may be distributed within the city during the above
sixty-day period. All political signs must comply with the struc-
tural and setback requirements of this code. (Ord. No. 91-1, ~ 1,
1-15-91)
Sec. 21.32. Nonconforming signs.
A sign or advertising structure in an area annexed into the city
after the date of the adoption of Ordinance No. 91-10, shall be
brought into compliance with all provisions of the sign code within
six (6) months following the date of annexation. No amortization
period provided herein shall apply to signs within such annex-
ation areas.
Any existing sign which does not conform to the requirements
of this chapter, shall hereafter be deemed nonconforming. All
signs must be maintained to original standards and conditions
and upon modification must comply with all sections of this
chapter. Relettering or change of copy, provided there is no alter-
Supp. No, 48
1507
S 21.32
BOYNTON BEACH CODE
ation or repair made to the sign structure, shall not constitute a
modification.
Nonconforming signs shall be removed, changed or altered to
conform to the provisions of this chapter within five (5) years from
the date this sign code takes effect.
A sign shall not be deemed nonconforming if either of the fol-
lowing conditions apply:
(1) The sign is a free-standing sign which does not exceed
twenty-four (24) feet in height;
(2) The sign is a wall sign or free-standing sign which does not
exceed the sign limitations set forth in this sign code by
more than twenty (20) percent; or
(3) The sign is a free-standing sign which does not meet the
setback requirements of this sign code" but does not other-
wise violate the setback requirements set forth in section
21-23.
If any nonconforming sign is damaged by any cause or is oth-
erwise in need of repair, to such an extent that the cost of reo
pairing the sign equals fifty (50) percent or more of the original
cost of the sign, then its classification as a "nonconforming" sign
under this section shall be automatically revoked and repairs
shall be made so that such sign shall meet all the requirements of
this chapter. (Ord. No. 91-1, ~ 1, 1-15-91; Ord. No. 91-10, ~ 5,
3-5-91)
Sec. 21-33. Minimum clearance height.
A sign projecting over areas where vehicular traffic may be
required to pass through or beneath shall be erected to maintain
a minimum clearance distance of sixteen (16) feet for the free
passage of such vehicles. (Ord. No. 91-1, ~ 1, 1-15-91)
Sec. 21.34. Penalties; enforcement.
Any person violating any of the provisions of this chapter shall
be deemed guilty of a misdemeanor and upon conviction thereof
shall be subject to a fine not exceeding five hundred dollars
($500.00). Each day such violation is committed or permitted to
Supp. No. 48
1508
Board of County Commissioners
Karen T. Marcus, Chair
Carole Phillips, Vice Chair
Carol A.. Roberts
Carol J. Elmquist
Mary McCarty
Ken L. Foster
Maude Ford Lee
County Attorney
Joe Mount
September 18, 1992
Mr. Chris cutro
City of Boynton Beach Planning Department
Mr. Vincent Finizio
City of Boynton Beach, Engineering Department
100 Boynton Beach Boulevard
Boynton Beach, FL 33435
Re: Palm Beach County v. Mobil oil. et. al.
Case No. 87-7980 AF
Parcel 3 (California Federal)
Dear Mr. Cutro and Mr. Finizio:
Enclosed is a copy of an August 21, 1992 letter from Robert
Banting to you. A written response by the City of Boynton Beach to
Mr. Banting's request will be much appreciated by Palm Beach
County. This case involves complex eminent domain claims. Your
assistance in simplifying the issues will be most helpful.
Call me if you have any questions.
Very Truly Yours,
~~ ~:cr
Assistant County Attorney
PFK/ch
encl.
(h:\cjh\wpdata\letters\cutro.ltr)
1tB€EfV'ErY"
811
PLMNVN'(3' J}f:PT:'.
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"An Equal Opportunity - Affirmative Action Employer"
@ printed on recycled paper
Box 1989 West Palm Beach, Florida 33402-1989 (407) 355-2225 Suncom (407) 273-2225
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ROBERT B, BANTING, MAl. SRA. VICE,PRESIDI:.......
-,,' NATHANIEL J, ORR. MAl. PRESIDENT
ANDERSON & CAR.R, INC.
JOfJOf'C:'OC:'OC:>C'OOOOO a a a ~IoOol>OC>C:>C'C:'OC:...)C J:?a!to,.~ . 4p'a~'~ "~IOC~IOCIOCIOC'OOOC~
ESTABLISHED 1947 .
APPRAISALS. SALES
POST OFFICE BOX SSO
S2\ SOUTH OLIVE AVENUE
WEST PALM BEACH, FLORIDA 33<402
August 21, 1992
Telephone (407) 833-1661
Fax (407) 833.023-'
Mr. Chris Cutro
Planning Department
100 Boynton Beach Boulevard
Boynton Beach, Florida 33435
Mr. Vincent Finizio
Engineering Department
100 Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: Palm Beach County v. Mobil Oil et. al.
Parcel No.3: California Federal
Project No. 85092 - Boynton Beach Boulevard
and Congress Avenue Intersection Improvements
Our File No. 92-1990
Dear Sirs:
I am a real estate appraiser retained by Palm Beach County in regard to the above
referenced assignment On December 22, 1987 additional right-of-way was acquired at
this location by Palm Beach County through eminent domain action. The new right-of-
way line has a "safe corner" cut The new right-of-way line comes close to the existing
sign and resulted in the sign overhanging approximately two feet into the new right-of-
way. The attached sketch and letter from Ronald L Terrell explain the situation further.
This letter is being sent in an effort to obtain a letter from the City of Boynton Beach
stating that the California Federall.D. sign located at the southwest corner of Congress
Avenue and Boynton Beach Boulevard does not require relocation as a result of the
right-of-way taking.
Should you have any questions or require additional information, please contact me.
Sincerely,
ANDERSON & CARR, INC.
Robert B. Banting, MAl, SRA
State-Certified General Real Estate Appraiser #0000004
RBB:rr
Encl.
cc: Paul F. King, Esquire
Assistant County Attorney
ROBERT B, BANTING. MAl, SRA, VICE.PRESIDENT
NATHANIEL}. ORR, MAl, PRESIDENT
ANDERSON & CARR, INC.
)c,oc>c~oc::,oc,OC>ClC>>()c.oc::.(lC>>(lC>>(>C>(>C::,oc>c>c>(>< If?e altO,.j . A,p,.aije,.j >o(>C>(>C>(>C>(>C>(>C>(>C>(lC>>(lC>>(lC>>(>C>C1C>(lC>>(>C>(lC>>(>C>(
ESTABLISHED 1947
APPRAISALS - SALES
POST OFFICE BOX 550
521 SOUTH OLIVE AVENUE
WEST PALM BEACH. FLORIDA 33402
August 21, 1992
Telephone (407) 833-1661
Fax (407) 833-0234
Mr. Chris Cutro
Planning Department
100 Boynton Beach Boulevard
Boynton Beach, Rorida 33435
Mr. Vincent Finizio
Engineering Department
100 Boynton Beach Boulevard
Boynton Beach, Rorida 33435
Re: Palm Beach County v. Mobil Oil et al.
Parcel No.3: California Federal
Project No. 85092 - Boynton Beach Boulevard
and Congress Avenue Intersection Improvements
Our File No. 92-1990
Dear Sirs:
I am a real estate appraiser retained by Palm Beach County in regard to the above
referenced assignment On December 22, 1987 additional right-of-way was acquired at
this location by Palm Beach County through eminent domain action. The new right-of-
way line has a "safe comer" cut. The new right-of-way line comes close to the existing
sign and resulted in the sign overhanging approximately two feet into the new right-of-
way. The attached sketch and letter from Ronald L. Terrell explain the situation further.
This letter is being sent in an effort to obtain a letter from the City of Boynton Beach
stating that the California Federal LD. sign located at the southwest corner of Congress
Avenue and Boynton Beach Boulevard does not require relocation as a result of the
right-of-way taking.
Should you have any questions or require additional information, please contact me.
Sincerely,
~~
Robert B. Banting, MAl, RA
State-Certified General Real Estate Appraiser #0000004
RECEIVED
RBB:rr
Ene!.
cc:
Paul F. King, Esquire
Assistant County Attorney
MIl 25
PLANNtNG DEPT.
. -
I
Board of County Commissioners
Karen T. Marcus, Chair
Carole PhiJ]ips, Vice Chair
Carol A. Roberts
Carol J. Elmquist
Mary McCarty
Ken L. Foster
Maude Ford Lee
County Administrator
Robert Weisman
Department of Engineering
and Pub lie Works
June 26, 1992
Anderson & Carr, Inc.
521 South Olive Avenue
West Palm Beach, Fl. 33401
Attn:
Robert B. Banting, MAl, SRPA
Re:
Palm Beach County v. Mobil Oil Corp., et al.
Parcel NO.3: California Federal
Project No. 85092 - Boynton Beach Boulevard and
Congress Avenue Intersection Improvements
Dear Mr. Banting:
This letter is in response to our telephone conversation of
June 25, 1992 regarding the above.
As I stated in our conversation, and in a January 22, 1990
letter, the California Federal 1.0. sign does not require
relocation. The base and most of the sign are located outside of
the taking. There is an aerial encroachment of approximately 2',
but it does not interfere with pedestrian traffic or the signal
installation and may remain.
Therefore, this serves to verify our conversation about the
disposition of the existing sign.
Should you have any questions or require additional
information, please contact me.
Sincerely,
(5t9-<<d~~. ~{~
Ronald L. Terrell, Sr., P.E.
Roadway Production Division
cc: John H. Carroll, P.E., Director/ Roadway Production
Omelia A. Fernandez, P.E., Program Manager
Paul F. King, Esq., Assistant County Attorney
"An Equal Opportunity - Affirmative Action Employer"
@ prlnted 0/1 recycled fJIIP6f
Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000
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