CORRESPONDENCE
,rlJi.e City of
'Boynton 'Beacli
Planni"tJ & Zoning 1Jepartmtnt
100 'E. 'Boynton 'Bead", 'Boulevara
P.o. 'Bo~31O
'Boynton 'Bead"" 1'(orida 33425-0310
(407) 738-7490, 'J'JtX: (407) 738-7459
May 20, 1993
Mr. Richard Parsons
c/o captain Frankis seafood
435 W. Boynton Beach Boulevard
Boynton Beach, FL 33435
Dear Richard:
As we discussed earlier in the year, I have delayed until aIter the
tourist season the requirement that you bring your parking area
into compliance with your site plan that was approved early in
1991. We have kept our end of the bargain and I must now ask that
you undertake the improvements you agreed to do as soon as
possible.
The first step toward doing this is updating your permit drawings
to reflect the comments made by staff and the city Commission. The
second is to reinstate your building permits. The third is to do
the work.
Failure to complete this work will leave us with no alternative but
to bring you before the Code Enforcement Board, who will order you
to complete the work and impose a daily fine on you as well.
Hopefully, we will not have to take this step.
If you should have any questions, please feel free to call me.
Yours truly,
~~ro
Planning and Zoning Director
CC:ald
December 27, 1990
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BUILDING DEPARTMENT
MEMORANDUM NO. 90-558
TO:
Christopher Cutro, Planning Director
~
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THRU:
Al Newbold, Deputy Building Official
FROM: Alan Capino, Landscape and Environmental Inspector
RE: TRB Comments - December 20, 1990 Meeting
SITE PLAN - CAPTAIN FRANK'S SEAFOOD MARKET (OFFICE ADDITION AND
PARKING LOT IMPROVEMENTS)
Upon review of the above mentioned project/ the following list of
comments must be addressed in order to conform with Boynton Beach
City Codes:
1. The proposed project (expansion of a nonconforming use)
requires that YOll apply for and receive approval of a
variance to expand a nonconforming use through the Board of
Adjustment.
2. For safety of pedestrians and vehicle traffic, I recommend
eliminating the vehicle aisle direGtly in front of the
building that faces Boynton Beach Boulevard. I further
recommend (for the above stated reasons) that the parking
spaces located along the East property line also be removed.
3. Place the code required landscape area and landscape
material along the public right-of-way at Boynton Beach
Boulevard and N.W. 4th Street.
4. Show and specify (on the plan) the location and type of
existing landscape material on the site.
5. Show and specify (on the plan) the buffer that is required
to be placed along the entire North property line to buffer
a commercial zoned district from residential districts.
6. Provide a plant directory for the landscape material.
Include in the directory the number of each type of hedge
and tree material, species/ height, spacing and quality of
material. Provide a distinguishable symbol identifying the
native species plant material (50% native species required),
7. For improved traffic flow/ I recommend relocating the
existing driveway to the residential building to the south
side of the existing sidewalk and that a one-way egress
aisle be constructed within the property that lies between
the North face of the residential building and the North
property line that would exit on-site business traffic to
N.W. 4th Street. The proposed egress aisle would require a
modification to the size of the code acceptable egress aisle
and landscape buffer that may be acquired by receiving
approval of a parking lot and landscape variance.
8. I recommend to re-position the existing handicapped
accessible parking space closer to the building and
reestablish the code required pavement markings/ handicapped
parking sign and handicapped accessible path to the
building.
/
~'"
To Christopher cutro
Captain Frank's Seafood Market, Memo #90-558
December 27, 1990
Page Two of Three
9. The elevation drawing(s) submitted with the plans for
final sign-off are required to have the color of each
exterior finish material identified by name, color number
and manufacturer's name. A manufacturer's color chart
showing and identifying the proposed color(s) is required to
be submitted with the plans for final sign-off.
10. Provide a survey of the property.
11. Specify on the plan the width and length of the landscape
island shown located within the parking spaces along the
west property line (min. width 5'0").
12. Specify the width of the landscape area along the North
property line (min. width 2'5").
13. Show the location and specify the type and size of the
curbing required to protect the landscape material.
14. Provide a detail drawing of the pole used to support the
required site lighting. Include the following site lighting
information on the plan:
i. height of the pole
ii. depth the pole or pole base is below grade
iii. specify that the pole and fixture is designed to
withstand a windload of 120 MPH
iv. distance from the top of pole base to grade level
v. size, spacing and type of material and structural
components required for the pole base
vi. cut sheet specifying the type of light fixture
vii. specify the location of all poles on the site plan with
distinguishable symbol
NOTE: Off-site glare will be shielded from adjacent
residential property
15. Specify the type of material and width of the sidewalk
required along N.W. 4th Street.
16. Specify the type and height of the fencing shown on the
plan.
17. Show on the plan a typical detail drawing of a regular and
handicapped parking space. Include the following information
on the detail drawings:
i. color of the pavement markings
ii. width of striping
iii. configuration of the pavement markings
iv. size of each type of space
v. location the wheel stop and location and height of
required signage
18. Revise the width of the driveway aisle to identify the
minimum width of twenty-seven feet (27').
19. Provide hedge screening for the vehicular use area from
Boynton Beach Boulevard. Plant a hedge material 31 of height
and 2'0" on center on a landscape area of 5' wide.
20. Provide one tree every 40' along Boynton Beach Boulevard and
N.W. 4th Street.
21. Provide hedge material to separate site from abutting
property along the west property line.
To Christopher Cutro
Captain Frank's Seafood Market, Memo #90-558
December 27, 1990
Page Three of Three
22. Provide an automatic irrigation system for the landscape
area. Water to be from a non-potable water source.
23. Specify area to be mulched or sodded, and identify mulch and
sod to be used.
24. Provide proof of ownership for new parking and driveway.
Note: Variance required for existing parking spaces located on
the East property line.
25. All drawings and/or documents submitted for public record,
and prepared by a design professional, shall show original,
legible, raised seal and signature of a Florida registered
design professional, who is responsible for the drawings.
In order to facilitate the permitting process, the following
information should be included with your documents submitted to
the Building Department for review and permitting:
1. The new addition shall comply with the Standard Building
Code, 1988 Edition, Table 600, with regards to the distance
between the new addition and the existing building.
Ala~!' Cy-
AC:ald
ENGINEERING DEPARTMENT MEMORANDUM NO. 90- 309CC
December 21, 1990
TO: Christopher Cutro
Director of Planning
RECErVED
DEe f) 1
~ 1990
PLANNING Df.pT.
~
'.
FROM: Vincent A. Finizio
Administrative Coordinator of Engineering
RE: TECHNICAL REVIEW BOARD COMMENTS
CAPT. FRANK' S SEAFOOD MARKET
In accordance with the provisions set forth in the City of Boynton Beach, Florida,
Code of Ordinances, specifically Chapter 19-17, "Plan Required" and Chapter 5,
Article X, "City of Boynton Beach Parking Lot Regulations", the applicant shall
provide the following information, technical data and plan revisions.
1. Submit a site lighting plan consistant with the requirements of Section 5-l42(a),
"Required Lighting" and Section 5-l42(g), "Lighting Standards". The lighting
plan submission shall include photo-metrics depicting actual light illumination
levels along pavement surfaces.
2. Provide a storm water drainage plan for the new parking facility. Submittal
for the storm water drainage system shall include drainage calculations and
percolation tests as required by Section 5-l42(f), "Drainage", including
Section 5-l42(g), "Drainage Standards".
3. The paving and drainage plans shall be revised to include a suitable "free
vehicular backup area" of 27 feet in accordance with Section 5-l42(g),
"Parking Lot Construction Standards" and associated appendix.
4. Provide a parking lot striping plan which depicts striping details for standard
and handicap stalls in accordance with the provisions set forth in Section
5-l42(k), "Handicap Requirements".
5. Provide construction elevations for the proposed parking lot addition in
accordance with Section 5-l42(g), "Dimensions".
6. Provide raised continuous concrete curbing where parking stalls abut land-
scaped areas in accordance with Section 5-l42(e), "Curbs and Car Stops".
7. Provide stop bars at points of egress in accordance with Section 5-l42(c),
"Traffic Control". As the design does not allow for the placement of stop
signs, the applicant shall provide in bold letters the word STOP applied to
the surface of the pavement adjacent to the stop'bar in accordance with
Department of Transportation Standards and the Manual on Uniform Traffic
Control Devices. Additionally, the applicant shall apply internal directional
arrows to facilitate the efficient movement of vehicular traffic through this
facility. During the Technical Review Board meeting, the applicant agreed
to apply directional arrows to route in one direction, vehicular traffic pass
the facade of the building in a west bound direction only, insuring this
action with the additional application of a DO NOT ENTER sign.
8. The applicant shall indicate on his plans the placement of wheel stops at all
standard and handicap parking stalls in accordance with Section 5-l42(e),
"Car Stops".
During recent discussions, the City Manager, J. Scott Miller, City Attorney,
James Cherof and previous Interim Director of Planning, Tim Canon, it was
determined that the applicant shall not be responsible to modify the existing
facility relative to stormwater treatment, nor shall the applicant be responsible
to apply for a variance for backing out of a parking facility into a public
right-of-way, as the City of Boynton Beach has previously issued permits for said
construction.
con't.....
ENGINEERING DEPARTMENT MEMORANDUM NO. 90-309CC con' t.
TECHNICAL REVIEW BOARD COMMENTS
CAPT. FRANK.' S SEAFOOD MARKET
The Engineering Department, for the City of Boynton Beach, is available to
meet with the Architect and Engineer in order to bring this submission into
compliance with our City's Code of Ordinances.
G .;.~L=&=
Vincent A. Finizio
VAF/ck
cc: J. Scott Miller, City Manager
MEMORANDUM
POLICE # 90-0170
TO:
Mr. Chris Cutro
FROM:
Lt. Dale S. Hammack
RE:
Capt. Franks
DATE:
December 21, 1990
As per our discussions at the Technical Review Board meeting of
December 20, 1990, I am recommending the following:
1. Stop bar and stop sign at exit. (City Ord. 5-142C)
2. Driveway one way West bound and signage One Way, Do Not
Enter, and directional pavement arrows in appropriate locations.
(City Ord. 5-142C)
3. Though not a requirement, I recommend that double sliding
glass doors be replaced with a window with metal frames and small
panes for security purposes.
ifo~~
Lt. Dale S. Hammack
DSH/cgm
MEMORl\NDUM
Utilities #90-728
TO: Christopher Cutro
Planning Director ~
FROM: John A. Guidry
Director of Utilities
DATE: December 20, 1990
SUBJECT: TRB Review - Capt. Frank's Seafood Market - Site Plan
We can approve this project subject to the following conditions:
1. Show all utility easements. Provide recent survey.
2. Reduced pressure backflow preventers will be required on
the water service. Indicate location, model and size.
We recommend dual units in parallel so service is not
interrupted during testing. If one exists, so indicate
on your plans.
..
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Michael Kazunas
Peter Mazzella
RECREATION & PARK MEMORANDUM #90-626
TO: Chris Cutro, Planning Director
RE:
Capt. Frank's Seafood Market - Site Plan
~~
FROM:
Kevin J. Hallahan, Forester/Environmentalist
DATE: December 21, 1990
1. The plant list should specify what size, height and species
are to be planted.
2. The SW corner of the site should be landscaped to buffer the
parking lot from Boynton Beach Boulevard.
KH:ad
\
MINUTES - REGULAR CITY CQMMlSSTON MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER IS, 1992
c:
3. Review &n &ppe&l by Rich&rd P&rsons to delete & tenmin&l 1&ndscap1ng
island in the parking &re& of C&pt&in Fr&nk's Se&food located at 435
West Boynton Beach Boulevard.
Mr. Cutro made the presentation and explained that Mr. Parsons appeared before
the Commission several meetings ago to plead his case regarding expansion of a
nonconfonm1ng business. There is no nonconfonm1ng issue at this time. After a
number of meetings, Mr. Parsons submitted a plan. Staff responded with comments
regarding what needed to be rectified. After approximately five months of
discussions, Mr. Parsons rectified the plan. More conversations took place bet-
ween Mr. Parsons and Mike Haag and Mr. Parsons was advised that he would have to
appeal th1s.
Mr. Cutro stated that the tenn1nal 1s1ands are to cut down the size of the dri-
veway, make a safer ingress and egress and provide for the landscaping which the
City has not wanted to waive or remove from most site plans. Without the ter-
minal islands, there will be a 47' wide driveway. There is no justification to
remove the islands. The sight distance problems raised by Mr. Parsons are
false. The hedges and trees can be trimmed. The Planning and Development Board
recommended denial of this request.
Richard Parsons. 435 Boynton Beach Boulev&rd. Boynton Be&ch. said he is con-
cerned w1th the safety and legal liab11ity. He stated that because of changes
in the Code, he 1s now requ1red to f1t the landscape islands into the entrance.
His engineer and architect adv1sed him this is an unsafe propos1t10n. There is
also a 11ne of s1ght v1s1b1lity hindrance and 1t is the opin10n of several pro-
fess10nals that it will be unsafe w1th the islands. The lot 1s too small and
already contains more landscaping than what 1s required by Code. However, he is
willing to install more landscaping at a safer location on the site. He claimed
that no precedent will be set by granting this request because every site has
its own limitations. He feels the proposed east island is more dangerous than
the west because of the proximity to the 1-95 entrance ramp, proximity to Galaxy
Elementary School and the fact that no traffic signals exist 1n the area. Mr.
Parsons and Galaxy Elementary School have petitioned the D.O.T. for a review.
To date, there have been no accidents because of the design. He feels these
landscape islands will create a hazard. He stated he is striving to keep his
site as safe as possible and requested consideration for the special conditions
of this case.
In response to Commissioner Aguila'S question, Mr. Cutro stated the Code has
been in effect for at least five years. Commissioner Aguila measured and has no
doubt that both islands will fit. On the east, there is 26.38' of which 17'
will be used by a required handicap space. There is 4 1/3' of landscaping which
is adjacent to the south side of the building which leaves 5.38' for the island.
There is no physical reason why the landscaping material or the island cannot be
put on the west.
Motion
Comm1ssioner Aguila moved that Mr. Parsons provide both landscaping islands on
either s1de of the western-most entry drive and coordinate w1th the Plann1ng
Department on the landscaping mater1al to make sure that the visibility is left
open. When the hand1cap space is moved close to the bu1ld1ng, a wheel stop will
be installed and that dr1ve w1ll no longer be used. Vice Mayor Matson seconded
the motion.
Comm1ssioner Hanmening asked if Gee and Jenson reviewed this request. Mr.
Staudinger said he has not looked at it lately, but about two years ago he
d1scussed th1s with Mr. Parsons. He is not 1n favor of removing the'islands
because he does not agree that 1t 1s safer to have a 48' driveway than 1t 1s to
have landscaped islands and a 24' dr1veway.
The motion carried 5-0.
%e City of
'Boynton 'Beacn
100 'E. 'Boynton 'Beadi. 'Boukvanl
P.O. 'Bo:(310
'Boynton 'BeaGn., 1'foritia 33435-0310
City:JlaU.. (407) 734-8111
~JJlX: (407) 738.7459
Certified Mail
Return Receipt Requested
#P 210 840 859
OFFICE OF THE CITY ENGINEER
January 25, 1993
Bailey's Home Services, Inc.
402 East Ocean Avenue, Bay #5
Boynton Beach, FL 33435
Re: Notice of Violation (*) Permit 191-1348
Captain Frank's Sea~ood
Dear Mr. Bailey:
Please be advised that your most recent scheduled inspection of
improvements made by you at the above referenced site, has failed.
Attached for your review and consideration is a "Red-Tag" Notice of
Violation which states the areas of noncompliance with approved plans
held in the custody of the Building Official.
Corrections shall be made as noted and a reinspect ion scheduled as
soon as possible. Inspections shall be scheduled by telephoning the
following number: (407) 738-7483.
Thank you in advance of your anticipated cooperation in this matter.
Very truly yours,
THE CITY OF BOYNTON BEACH FLORIDA
~~~.~.
Vincent A. Finizio ~
Administrative Coordinator of Engineering
cc: J. Scott Miller, Ci~ Manager
w. Richard staudinger, P.E.
Don Jaeger, Building Official
Christopher Cutro, Planning Director
(*) A quantity of one (1) Notice of Violation was provided to the owner.
RECEIVED
J ~ N 2 b ;S:J:
CITY MANAGER'S OFF!CE
:imerica~- gateway to the (juifstream
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CRIMMINS CO., INC., Ft. Lauderdale, FL, (305\ 771'1325
"t:'~.::: __
Captain Frank's Seafood/Bailey's Home Sve., Ine
402 E. Ocean Ave.. Ba,. 5
.aoyncon lleacb.. E.1. ;uCS-
PfRMIT NO.
91-1348 NOT
APPROVED
CORRECTIONS MUST BE
MADE AS NOTED BELOW
ADDRESS
435 West Boynton Beach Boulevard
l.DT I Bl.OCK
SUBDIVISION
, ,
o BLDG. 0 ELEe. 0 MECH. 0 'lBG. IJI Site Plan Insp.
Work DOt in ccmfoJ:II8IICe with approved plans:
cape cur at ton :9 . DOt
2) Stop sign in 8l1li8 islAnds DOt installed.
3) Irr1.gat1.on in 8l1li8 islAn~e not installed.
4) '.Andsca1>>e _ter1al in S8II8 1s1 Jande DOt installed.
S) HAndicap stall 1Iis1ocated.
61 HAndil!Ap 81.1" not At ~rQ1'riate he1.Cht (84" to
bottoa of sip).
71 '.AndAcape mat",rfAl obsl!'Drfnl RAndicap sip.
8) The word "STOP" DOt stenciled under stop bar.
. 0 STOP WORK!
,[!; VIOLATION! CORRECT AS NOTED
: Iii REiNSPECTION FEE OF $25.00 MUSi 8E PAID (*)
IN PERSON AT THE BUILDING DEPARTME,rr
r rx: CALL 738-7483 FOR REINSPECTION 8:C()'~::::J
~ cm OF BOYNTON BEACH, FLCRID:~/ 7
I CAfE 1/25/93 (*) per Bldg. Off. & C/Mg~~;:l .
- ~__"-]l'~
White. File Copy I C~n.ry . Inspector's Copy I Pink. Qfficlt Copy; Whitt T;g . ~oo \~~;;'I
"'ft)~::,.
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TO:
Chri. cutro
DATB
August 18, 1992
DEPARTMENT
Planning
Jilt
OTHER
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o
o
APPROPRIATE ACTION ~
EVALUATION/RECOMMENDATION [J
FOR YOUR FILES [J
ACTION DESIRED PRIOR TO
FOR YOUR INFORMATION
NOTE AND RETURN
SUBJECT: CAPTAIN FRANK'S SEAFOOD
Attached hereto please find a copy of a letter dated August 13, 1992, from
Richard F. Parsons, Captain Frank's Seafood; reguesting the use of red clay
roof tiles for his building located at 435 W. Boynton Beach Blvd. As noted
in Mr. Parsons' letter, the Building Department has in fact denied the use
of these tiles, and have insisted that he use only asphalt shingles or
cedar shakes.
If the denial of the Building Department is based upon the City's Community
Design Standards, then in fact, Mr. Parsons need be advised of the appeal
process to the Planning and Development Board regarding use of materials.
I would ask that you please handle this matter appropriately.
this office advised. Thank you.
, ,- pt"
Please keep
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Attach.
cc: Mayor & City Commission
Don Jaeger, Building Official v
Richard Parsons
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RBSPONSB:
TO:
PLEASE SEE ATTACHED.
Date (Action Completed)
8/20/92
Signature
k
" ~ Jaeger
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Richard F. Parsons
Capt. Frank's Seafood
435 W. Boynton Beach Blvd.
Boynton Beach, FL 33435
(407) 732-3663
August 13, 1992
City of Boynton Beach:
In keeping with the upgrades the city is making in Boynton Beach,
our business would like to use red clay barrel roof tiles.
We are trying to upgrade our site which currently has white cement
roof tiles. Should we be approved to use the red clay roof tiles, we
feel our building would complement the red paver blocks being used on
the median strips in front of our business and along Boynton Beach Blvd.
The building department has denied us approval to use these tiles.
They have insisted that we use only asphalt shingles or cedar shakes
which would make our building look like a "barracks". This description
was given recently by the City to the asphalt shingles that a nearby
business wished to use; the owner has, since then, upgraded to red clay
barrel roof tiles.
As a business that is proud to be in Boynton Beach, we want our
building to look attractive and well-kept, rather than like a barracks.
It is imperative that my request be approved as quickly as possible in
order to prevent possible damage to the construction already under way.
Thank you for your prompt attention to this matter. Please contact
me at the above address and/or phone number.
.
SEP 1
PLANNING DEPT.
~lY
Richard
RECEIVED
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<-[lJ /1:f il
CQadey's ~ SeatlleeI. ~IlCOlpoaated
PHONE 407n32-121~
~~~~
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Florida State Certified General Contractor 7241
402 EAST OCEAN AVENUE, BOYNTON BEACH. FLORIDA 3343~
January 27, 1993
~~~
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If 2., /1.3
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33435
Atten: Don Jaeger
RE: Site Plan Permit #91-1348
Dear Don,
My client, Captain Franks Seafood Market, has instructed me to
delete the landscape islands adjacent to Boynton Beach Blvd.
If these landscape curbs and islands are installed, it appears
that the seafood market will be violating a Florida State
Statute, as per the enclosed D.O.T. communication.
Provided the curbings and other items associated with the
islands are deleted from the site plan, this permit can be
finaled within the next 30 days. We will submit a site plan
modification at your request.
From this day forward I would prefer any communications to me
regarding Captain Frank's Seafood Market to be mailed to me or
it can be faxed to me at 407-738-7916.
"-...
nt
cc: J. Scott Miller, City Manager
Vincent A. Finizio, Engineering Coordinator
w. Richard Staudinger, P.E.
Richard Parsons
Jeff Tomberg, Attorney
ITAn 01' 1"L0flIDA omtMTIIINT 01' ~ATlOII
PERMITTEE NONCONFORMANCE
VIOLATION OF THE FLORIDA STATUTES AND FLORIDA
ADMINISTRATIVE CODE AND NOTICE TO SHOW CAUSE
(Pursu.nt to Clulpt.,120.nd 337, FlorId. S........)
.... .....
."..",..
III-.
RICHARD PARSONS
(Neme,
Date:
JANUARY 22. 1993
435 WEST BOYNTON BEACH BT.vn.
(AcId_)
Permit Class/Category: II
(Clly)
BOUNTON BEACH. FL. 33435
(StIoIe)
Permit No.:
N/A
(Zip,
YOU ARE HEREBY ADVISED:
Pursuant to the applicable provisions of the Florida Statutes and Florida Administrative Code, you are hereby
charged:
1. ' That the facility at the site Idontified below, is in violation of those provisions of the Florida Statutes and
the Florida Administrative Code cited herein, for the reasons indicated:
SITE IDENTIFICATION VIOLATIONS
STATE ROAD NO. SECTION NO. FLORIDA STATUTE 335
804 93200 FLORIDA ADMINISTRATIVE CODE 14-96 & 14-97
MILE POST NO, CONSTRUCTION JOB NO DESCRIPTION OF VlOLATlON(S)
N/A CLEAR SIGHT DISTANCE WITH
8.332 LANDSCAPING AT STOP SIGN/BAR
COUNTY STATION NO, (CONDITIONED) INTERSECTION
PALM BEACH
GEOGRAPHICAL DESCRIPTION
N/W CORNER SRR804 & NW 4TH STREET
2. You must comply with the applicable provisions of the said Statute(s) and Code(s) within thirty (30) days
from the date of this notice, and written notice of compliance be furnished to:
MAINTENANCE'ENGlNEER
Florida Department of Transportation
6401 OKEECHOBEE BLVD.
(Melll"lI Add_,
WEST PALM BEACH.
FL. 33417
(Clly)
151.'.)
(Zip)
or, in the alternative, an administrative hearing under Section 120.57, Florida Statutes, must be requested ~
you within thirty (30) days of the date of this notice. The submitted hearing request shall give a brief statement
setting forth the reason(s) for review. At the Administrative ~earing you will be required to SHOW CAUSE
why your permit should not be revoked. Such hearing request must be furnished to:
The Clerk of Agency Proceedings
Florida Department of Transportation
Mail Station 58
605 Suwannee Street
Tallahassee, Florida 32399-0458
In either case, if you fail to comply within the thirty (30) day period above and fall to request an admlnistrz:.lle
hearing then the described vlolatlon(s) shall be considered true; and the Department of Transportation re~ ...
the right to take such action as the law permits, including but not limited to the revocation of your pe-.Tlt.
HEREIN FAIL NOT,
Dated this 22ND day of
.TA'NIJARY
,19 93
B.:. ~ ~
'":D.(~ ~
TITLE: PERMITS ENGINEER
By:
-~
BUILDING DEPARTMENT
100 E. Boynton Beach B1vd.
P.o. Box 310
Boynton Beach, FL 33425
Phone: (407) 738-7480
t.h 4" _ I
~r~'
January 28, 1993
Derle B. Bailey, President
Bailey's Home Services, Incorporated
402 E. Ocean Avenue
Boynton Beach, FL 33435
RE: CAPT. FRANK'S SEAFOOD
Dear Mr. Bailey:
I am in receipt of your letter regarding site improvement permit #91-1348.
This permit had received three extensions from this office, with the last
extension expiring on October 26, 1992. Inasmuch as the work authorized by
this permit has been suspended for a period exceeding six months, this
permit has become invalid, consistent with Section 103.6.1 of the Standard
Building Code, 1991 Edition. Any additional site construction work will
require securing a site improvement permit for the work remaining in order
to comply with the approved site plan. Any request to amend the approved
site plan must be addressed to our Planning Department for processing.
The permit for the commercial addition, #91-1785, remains active; however,
please be advised that a Certificate of Occupancy cannot be issued for this
structure if the site does not comply with the approved site plan
documents. Further, this addition cannot be occupied without the issuance
of a Certificate of Occupancy. Failure to continue timely construction of
the addition will cause this permit to become invalid consistent with the
above referenced code section.
Permit #93-0135 for sealcoating and restriping can be approved only when
the site is striped in accordance with the approved site plan, with the
inclusion of any additional City requirements.
If my office can assist you in completing the construction in compliance
with the approved site plan and City code requirements, please do not
hesitate to advise.
Don eger
Bui! 'ng Official
RECEIVED
DJ:bh
xc: Richard Parsons, Capt. Frank's Seafood
J. Scott Miller, City Manager
James Cherof, City Attorney
Richard Staudinger, City Engineer
Chris Cutro, Planning Director
Vince Finizio, Administrative Coordinator of Engineering
Milt Duff, Chief Plans Reviewer
Don Johnson, Building Compliance Administrator
JAM 29
PLANNiNG DEPT.
PHONE 407/732-1213
CBalQey'g 9JoMe gelulcas, 91lcolpolated
Florida State Certified General Contractor 7241
January 27, 1993
402 EAST OCEAN AVENUE, BOYNTO,N BEACH, FLQ~435
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ev, N
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33435
Atten: Don Jaeger
RE: Site Plan Permit #91-1348
Dear Don,
My client, Captain Franks Seafood Market, has instructed me to
delete the landscape islands adjacent to Boynton Beach Blvd.
If these landscape curbs and islands are installed, it appears
that the seafood market will be violating a Florida State
Statute, as per the enclosed D.O.T. communication.
Provided the curbings and other items associated with the
islands are deleted from the site plan, this permit can be
finaled within the next 30 days. We will submit a site plan
modification at your request.
From this day forward I would prefer any communications to me
reqarding Captain Frank's Seafood Market to be mailed to me or
it can be faxed to me at 407-738-7916.
Sin~y,
erre B. Bailey - ,pres' ent
cc: J. Scott Miller, City Manager
Vincent A. Finizio, Engineering Coordinator
w. Richard Staudinger, P.E.
Richard Parsons
Jeff Tomberg, Attorney
STATI! M 1'L0000A oePUTIIINT M TIIIANPOIlTAnoN
PERMITTEE NONCONFORMANCE
VIOLATION OF THE FLORIDA STATUTES AND FLORIDA
ADMINISTRATIVE CODE AND NOTICE TO SHOW CAUSE
(Purwu_nt to Ch_pt., 120 _net 337, Floffda StMut..)
lIOIIII ...,.
lIT1UNS
.,.
To:
MR. RICHARD PARSONS
Date:
JANUARY 22. 1993
(Nam.1
435 WEST BOYNTON BEACH BT.vn.
(Add"")
Permit Class/Category: II
Perm~o.:
(Cily)
BOUNTON BEACH. FL. 33435
(S'a'a)
N/A
(Zip)
YOU ARE HEREBY ADVISED:
Pursuant to the applicable provisions of the Florida Statutes and Florida Administrative Code, you are hereby
charged:
1. ThElt the facility at the site idontifiec! below, is in violation of those provisions of the Florida Statutes and
the Florida Administrative Code cited herein, for the reasons indicated:
SITE IDENTIFICATION V10LATtONS
STATE ROAD NO. SECTION NO. FLORIDA STATUTE 335
804 93200 FLORIDA ADMINISTRATIVE CODE 14-96 & 14-97
MILE POST NO. CONSTRUCTION JOB NO DESCAIPTtON OF V10LATtON(S)
8.332 N/A CLEAR SIGHT DISTANCE WITH
LANDSCAPING AT STOP SIGN/BAR
COUNTY STATION NO, (CONDITIONED) INTERSECTION
PALM BEACH
GEOGRAPHICAL DESCRIPTION
N/W CORNER SR#S04 & NW 4TH STREET
2. You must comply with the applicable provisions of the said Statute(s) and Code(s) within thirty (30) days
from the date of this notice, and written notice of compliance be furnished to:
MAINTENANCE ENGINEER
Florida Department of Transportation
6401 OKEECHOBEE BLVD.
(MaUlno Add....'
WEST PALM BEACH. FL. 33417
ICllyl (Sta'.1 'Zip)
or, in the alternative, an administrative hearing under Section 120.57, Florida Statutes, must be requested by
you within thirty (30) days of the date of this notice. The submitted hearing request shall give a brief statement
setting forth the reason(s) for review. At the Administrative Hearing you will be required to SHOW CAUSE
why your permit should not be revoked. Such hearing request must be furnished to:
The Clerk of Agency Proceedings
Florida Department of Transportation
Mail Station 58
605 Suwannee Street
Tallahassee, Florida 32399-0458
In either case, if you fail to comply within the thirty (30) day period above and fail to request an administrative
hearing then the described vlolation(s) shall be considered true; and the Department of Transportation reserves
the right to take such action as the law permits, including but not limited to the revocation of your permit.
HEREIN FAIL NOT,
Dated this 22ND day of
.JANUARY
,19-2L
ii~~
TITLE: PERMITS ENGINEER
at.711
By:
PLANNING & ZONING DEPARTMENT MEMORANDUM #92-184
FROM:
J. Scott Miller
c~a~
Christopher Cutro
Planning & Zoning Director
TO:
DATE:
September 10, 1992
RE:
Capt. Frank's Seafood
Community Design Plan Waiver
Richard Parsons, the owner of Capt. Frank's Seafood Restaurant,
is requesting that he be allowed to replace his existing roof
with red barrel tile.
This request was reviewed by the Planning and Development Board
at its meeting of September 8, 1992 and forwarded to the City
Commission with a recommendation of approval.
This item has been scheduled for City Commission review on
September 15, 1992.
CC/jm
Att.
A:CAPFRANK.JM
7Bl
COMMUNITY DESIGN PLAN REVIEW
CAPT. FRANK'S SEAFOOD
PLANNING & ZONING DEPARTMENT MEMORANDUM
FROM:
Planning and Development Board
~JL--Q7
Christopher Cutro
Planning & Zoning Director
TO:
DATE:
September 3, 1992
RE:
Capt. Frank's Seafood
Richard Parsons, the owner of Capt. Frank's Seafood, located at
435 W. Boynton Beach Boulevard, is in the process of remodeling
and repairing the existing structure on the property.
Mr. Parsons wishes to replace the existing cement tile roof with
a red barrel tile roof.
The subject property is located at the west end of an area
designated Coastal Village in the community design plan.
However, the type of roofing material that Mr. Parsons wishes to
install is not recommended for use in the Coastal Village design.
The Boynton Beach corridor west of Seacrest Boulevard and east of
I-95 lacks any architectural style. On the north side of the
street, there is one building with a barrel tile roof. On the
south side are two structures that have elements of a
Mediterranean style, however, these structures do not dominate
the architecture of the corridor.
We would ask that the Board make a recommendation as to whether
or not Mr. Parsons should be allowed to install the red barrel
tile on his structure. This recommendation will be reviewed by
the City Commission.
CC/jm
Att.
A:FRANK'S.JM
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August 13, 1992
City of Boynton Beach:
In keeping with the upgrades the city is making in Boynton Beach,
our business wouLd like to use red clay barrel roof tiles.
We are trying to upgrade our site which currently has white cement
roof tiles. Should we be approved to use the red clay roof tiles, we
feel our building would complement the red paver blocks being used on
the median strips in front of our business and along Boynton Beach Blvd.
The building department has denied us approval to use these tiles.
They have insisted that we use only asphalt shingles or cedar shakes
which would make our building look like a "barracks". This description
was given recently by the City to the asphalt shingles that a nearby
business wished to use; the owner has, since then, upgraded to red clay
barrel roof tiles.
As a business that is proud to be in Boynton Beach, we want our
building to look attractive and well-kept, rather than like a barracks.
It is imperative that my request be approved as quickly as possible in
order to prevent possible damage to the construction already under way.
Thank you for your prompt attention to this matter. Please contact
me at the above address and/or phone number.
RECEIVED
SEP I -
PLANNING DEPT~ \.
~J:::4;p: ~ ~~~
~ ~ ytJrr (J? q/ /9~
t.th
11ie; City of
'Boynton 'Beacli
1 00 ~ 'lJoynt4n 'lJuu:.F.. 'Boukvara
P.O. 'lJ~310
'Boynton 'Buu:.F.., nona.a 33425-0310
(407) 738-7480
1".9lX: (407) 738-7459
'Builtlino '1Jepart~nt, City Ha[[ CompWc. 'West 'J1..ino
July 24, 1991
Gene Moore
P.O. Box 910
Boynton Beach, FL 33425-910
Dear Gene:
I am in receipt of your letter of July 23, 1991 regarding Captain
Frank's Seafood, Inc. There are some minor discrepancies contained in
this letter and the correct facts are as follows:
1. The addition to the building at 435 W. Boynton Beach Boulevard was
, permitted as a separate and stand-alone office occupancy.
2. Consistent with our Comprehensive Plan, this office can only be
issued an Occupational License if a separate and distinct legal
entity is occupying this portion of the structure.
3. The City Commission is currently considering the rezoning of the
property in order to maintain consistency with the adopted
Comprehensive Plan. Should the rezoning not be approved, the
Comprehensive Plan must be amended.
4. The retail use at Captain Frank's Seafood, Inc. is currently a
nonconforming use which cannot be expanded except in conformity
with the Comprehensive Plan and current zoning regulations.
I hope this clarifies the issue for you and if I can be of further
assistance, please advise.
Sincerely,
RECEIVED
Zoning Director
JUl 24
PLANNII'.JG DEPT.
-
-
DJ:bh
XC: Richard Parsons, Captain Frank's Seafood, Inc.
James Cherof, City Attorney
Chris Cutro, Planning Director
Michael Haag, Zoning & Site Development Administrator
Central files
FRANK. DOC
..
J'lmencas gate.way to tlie. gulfstream
,MAIUNG ADDRESS
P.O. BOX 910
BOYNTON BEACH. FLORIDA 330425.910
GENE MOORE
LAWYER
':JURIS DOClOR"
EXEClTI'IVE STAFF
ARLENE V. MARSH
BARBARA A. RANTA
MARIE MATALLANA
DEBORAH M. AlTHOUSE
JUNE DEGEORGE
SUSAN STEWART
July 23, 1991
OFFICE lOCATION
FIRST FINANCIAL PLAZA. SUITE 409
639 EAST OCEAN AVENUE
BOYNrON BEACH. FLORIDA 33435
..- ex>-............
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TELEPHONE: 407-734-2424
TELECOPIER: 407-734-2497
Don Jaeger
Building Official
Boynton Beach City
Boynton Beach, FL
Hall
33435
Re: Captain Frank's Seafood, Inc.
Dear Don;
This is to confirm the fact that building permit has been officially
issued by your Department in connection with Captain Frank's'
building addition for storage purposes, and that there is ongoing
rezoning on the property pursuant to direction of the City Commission
under date of July 17, 1990, which will render entire property and
buildings thereon as a conforming use.
cc: Jim Cherof
Richard Parsons
assistance in this
Thank you very much for your
matter.
GM/avm
MAIliNG ADDRESS
P,O, BOX 910
BOYNTON BEACH, FIDRIDA 33425-910
GENE MOORE
LAWYER
")URIS DOCTOR"
omCE LOCATION
FIRST FINANCIAL PLAZA, SUITE 409
639 EAST OCEAN AVENUE
BOYNTON BEACH, FIDRIDA 33435
TELEPHONE: 407-734-2424
TELECOPIER: 407-734-2497
EXECUTIVE STAFF
ARLENE V. MARSH
BARBARA A. RANTA
MARIE MAULLANA
DEBORAH M. AIIHOUSE
JUNE DEGEORGE
SUSAN STEWART
May 7, 1991
Don Jaeger, Building Official
and
Chris Cutro, Planning Director
Boynton Beach City Hall
Re: Capt' Frank's Seafood
435 W. Boynton Beach Boulevard, Boynton Beach
Gentlemen:
My office represents Richard Parsons d/b/a Capt' Frank's Seafood,
located at 435 W. Boynton Beach Boulevard, Boynton Beach.
I was personally a member of the City Commission when his expansion
project was approved on at least two occasions, including formal
action by the Technical Review Board, as more particularly set forth
in Building Department Memorandum #90-555, dated December 27, 1990,
together with attachments thereto.
Mr. Parsons has advised me that the City has repeatedly impeded his
ability to proceed as authorized, and that he has incurred damages in
excess of $100,000.00 predicated upon your negligence and malicious
actions. He has further advised me that there is a Staff meeting
scheduled for 10:00 a.m. this morning, at which you are attempting to
"circle the wagons" in an attempt to further damage my client. and that
my client was "not welcome" to attend said meeting.
This is to advise you that unless all permits are issued immediately,
that suit will be filed against the City and the Members of the
Technical Review Board individually, for compensatory and punitive
damages to the maximum jurisdictional limits of the Court.
Kindly govern yourselves
/' /
t/ene
Moore
, ,
GM/am
cc: Jim Cherof
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f'W=lY-1:3-'91 15:24 ID: JOSIFlS FtID tiHN
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Hay 13, 1991
_!rD.'" Irr. c.z.olo.
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SCOTT,J '..............
Gene Moore, S.quire
P.O. Box 910
Boynton &each, ~L 3342'-0'10
ae: capt# Franlt#. seato04 - 43' W. BOynton Beaoh Boulevard,
BRYn ton ~.ach
Dear Gen.:
Following reoeip~ Of your Kay 7, 1991, letter I have reviewed the
documentation provided by the buildin9, planninq, and en9ineering
departments with respect to the abov.-referenced property.
Add1~1onally, I am advi..d that your client i. currently
a~~empt1nq to obtain the issuance ot a building permit to
construct a free atandinq office which he advis.. will be used by
a separate bu.in.... I am ot the opinion that your cli.nt has
not yet cObplied with the original TaB conditions. I base this
determination on the tollowin~ information:
1. On December 20, 1990, the Technical Review Board
reviewed plans submitted by Richard Parsons aeeking to expand a
nonconforming use on the property. Thos. plans depicted an add-
on storage area to the ex1stinq structure. Mr. Parsons attended
the TRB aeeting and confirmed to tho.. prQsen~ that the addition
was tor the expansion of the exist1no U.., to..wit, a retail
establi.hment.
2. Bas.d upon ~h. application, the 4ooumentation
submitted, and your Client'. r.precontationa, the various
departllents generat.ad mellorandum ..ttincJ forth their conoerno.
In .ssence the TRB action required upgrades to parklnq,
landseapinq, draina9. and lighting. Your olient was advised that
a variance procedure was available through the Board of
Adjuat.ent and Appeal..
3. Your olient later aubmitted .oditied plans which
adelressed, in part, the '1'RB COJlUllenta and which showed a tree
ctandinliJ ottioe structure. It app.a~ that the.. plans were
aubmitta<l to remedy a Code violat.ion Which x-eBulted trom the
oommenoement ot renovation. to the parkinq lot. The renovat1ons
ver. oOllUllenced without Do building- permit. 'jf" ,n~'
MAY ~ .
PL.A,; i i' a ,; ,..'.
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mY-13-'91 15:25 ID:JOSIAS ~ GCFEN
TEL t<):9734232
=033 P03
Gene Moo~, B.quir.
Hay 13, 1991
PD9. 2
4. A. noted in Plannin9 DepartDent MellO dated April 26,
1991, the Planning- Department's approval ot the .ite plan was
limited solely to the new parking area. other departments
confirm that their review and approval was limited to the parking
lot expansion.
5. Your Client has made numerous inquiries or staff with
respect to the construction of a separate free standing structure
as depicted on the rev1sed s1te plan and to be used as otfice
space for an unrelated business. It appears that this use would
be pet'1l18s1ble under the Zoninq Requlations subject to
landscapinq, drainaqe and lighting upgrades.
6. There are currently no approved plans which would
perm1t the construction of a free standing ottice structure. The
plans which have been signed off by the City pel"1llit only the
repaving of the existing parkinq and should not be construed as a
waiver of previous .tart comments. It your client will
acknowledge the.e requirements his application for development
can b. mov.d forward. If he assert. that the aiqn off on pavinQ
allows construction of a new builcUnC) without addresa1nQ the
landscapinQ, drainaqe and 11qhtinq upqrade., then we are at an
impa....
If you feel there are other tacts ~at I should conQider and have
not, I would appreciate it you would provide that information. I
am available to meet with you and/or your client to further
inve.tiqate the matter 80 that all conoornG may be addres.ed. I
will b. in the City all atternoon on Tue.day, May 14, 1991.
I have advised the City'. Buildin9 Ollioial that no applio5tion
for pend t. .hould be prooesl!Ied for the oonstruotion of any
struoture that would oxp5nd the no nforming use pendin9 JAY
turther review of thl. matter.
JAC/lllB
L/e
MOOD
cc: J. scott Miller
Chris Cutro
Don Jaeger
Vince Finizio
f11u City of
'Boynton tJ3eacli
_.'- -
P/VC~ ~
'1!fmmi"B a Zonine'Departmen.t
100 ~ 'Boynton 'Beads. 'Bt1U.kvanl
P.O. ~.HO
'Boynton. 'Buz&. :FfqrU(a 33425-0310
(40i) 738-7'490, 'fJU: (407) 738.7459
July 16, 1993
Richard Parsons
Captain Frank's Seafood
435 West Boynton Beach Blvd.
Boynton Beach, FL 33435
Dear Mr. Parsons,
As you know, we were out on site inspecting your parking lot for
compliance with your approved site plan this week (as amended by
the City Commission). During our inspection we found the following
deficiencies:
1. The hedge on the north side of the head in/backout parking on
the east of the structure is missing plant material which should
be replaced.
2. The hedge on the west side of the parking lot should be cleaned
out and missing plant material replaced.
3. The hedge between the single family house on your property that
should run the entire length of the fence is not complete.
4. The hedge at the front of the property (along Boynton Beach
Boulevard) is missing plant material and needs to be filled in.
5. The landscape island at the southeast corner of the property is
not five feet wide or 18 feet long as indicated on your plan.
6. The handicap space, handicap access, landscape island and
driveway closure on the east side of the driveway from Boynton
Beach Boyulevard have not been installed as per the approved
site plan.
At the time of our visit you indicated DOT has instructed you not
to install the landscape island. I asked you to provide me with
the name and person who you spoke to but you never provided us with
that information.
.'~m.eri.ca '-, Grluwau to the Guffstream
~-r--~jA--
PLAt~NING & ZONING MEMORANDUM NO. 93-237
FROH:
J. Scott Miller, City Manager
~.J - ~
Christopher Cutro, Planning & Zoning Director
TO:
DATE:
September 10, 1993
RE:
Captain Frankls
In July of 1993, I sent a letter to Richard Parsons asking him to
rectify his site plan and complete the work required based on his
site plan approval. At that time I threatened code enforcement
action if he failed to comply.
I have reviewed the site plan review ordinance and as I indicated
earlier, I have no ability to cite Mr. Parsons under that code.
He has an approved site plan for which a bUilding permit was
properly issued. There is no penalty for not updating or
rectifying a plan nor for not completing work approved by a site
plan.
If we have any ability to cite Mr. Parsons, I believe it will be
because of building code violations such as using a structure
that has no certificate of occupancy, doing work without a
permit, etc. Don Jaeger and I have discussed this on occasion
and he is more knowledgeable in the area of building codes and I
would suggest discussing the matter with him.
Since I am leaving the City, I would suggest that someone make a
note to amend the site plan review ordinance to address such a
situation although I must a~"it that in 20 years of planning and
zoning work, this is the only time a situation like this has ever
arisen.
CC: frb
C:93-237
- %e City of
'Boynton 'Beacfi _
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100 'E. 'Boynton 'Bead.. 'Boulevara
P.O. 'B07(310
'Boynton 'Buzdi, 7forid'a 33425-0310
(407) 738.7480
7'JiIX: (407) 738-7459
'Buiftfing'Department, City:Jfa[[ CompWc. 'West 'Uing
June 7, 1991
Richard Parsons
Capt. Frank's Seafood
435 W. Boynton Beach Boulevard
Boynton Beach, FL 33435
Dear Mr. Parsons:
This letter will serve to confirm the conversation we had in my office
between Michael Haag, you and me today at 2:00 P.M.
Plans were submitted for building permits consistent with your site plan
approval. Certain inconsistencies were noted when these plans were
reviewed for building code requirements and clarifications are now
required on the plans. These comments were generated by the Building
Department Plans Review staff and are currently in your possession.
consistent with code requirements, your architect shpuld now amend your
plans to comply with the comments and upon submittal of the revised plans
consistent with code requirements, we will be able to issue you a permit
for the stated improvements.
Do
Bu
in our meeting that you,understand the process fully and when
are correctly modified-with the proper documentation
I anticipate a relatively short re-review and permit time
we can be of further assistance, Pleasell~~~l,,~l)
You stated
your plans
submitted,
frame. If
JUN 10
PLANN\I~G DEPT.
Zoning Director
-
-
DJ:bh
xc: J. Scott Miller, City Manager
James ,Cherof, City Attorney
Chris Cutro, Planning Director
Michael Haag, Site Development Administrator
Milt Duff, Chief Plan Reviewer
Central files
.'
PARSONS. DOC
5Imeri.c.a's qateway to tlie qulfstream
t~
%e City of
'Boynton 'Beacli
/~~ 100 'E. i}J;;~'Beadt310f}Joukvartf
In: . /0:1,>,_, } . . o~
~ ~, II 'Boynton i}Juun, 1"'foritfa 33425-0310
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'BuiUfing 'Department, City %:J[[ Comp~ 'West 'J1.iing
June 14, 1991
Richard Parsons
Capt. Frank's Seafood
435 W. Boynton Beach Boulevard
Boynton Beach, FL 33435
Dear Mr. Parsons:
This letter will serve to document the conversation held in my
office between Milt Duff, you and me today at 4:30 P.M.
Your building plans were resubmitted June 13, 1991. They are
currently in the process of being reviewed for code compliance.
Certain discrepancies between these resubmitted plans and the
initial approved site plans were noted by the Building Department
Site Development Division. If you desire to modify your site
plan, please submit proper documentation to our Planning
Department for rereview.
You have stated that you do not need to comply with technical
code requirements for this project. This is not correct. State
Statutes require us to review your plans consistent with minimum
building codes. As soon as your plans comply with the approved
site plan and technical code requirements, permits will be issued
to your contractor.
Sincerely,
Zoning Director
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Administrator U :z ~
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xc: J. Scott Miller, City Manager
James Cherof, City Attorney
Chris Cutro, Planning Director
Michael Haag, site Development
Milt Duff, Chief Plan Reviewer
Central files
PARSONS.DOC
Jlmericas gateway to tne (julfstream
CITY of
BOYNTON BEACH
@
100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33435.0310
14011134-8111
OFFICE OF THE PLANNING DIRECTOR
November 19, 1990
Attn: Mr. Harold Blanchette
H. L. Blanchette, Inc.
3133 Lake Worth Rd.
Lake Worth, Fl 33461
RE: capt~in Frank's Fresh Seafood Market
Dear Mr. Blanchette:
Recently you submitted to Scott Miller, The City Manager, a set
of plans for Captain Frank's Fresh Seafood Market for review.
Approximately one week after that submittal I spoke to your
client, the owner of the property, and I informed him that the
site plan seemed to be acceptable to us, but that a complete set
of plans must be submitted to the City to be reviewed by the
Technical Review Board.
It is my understanding that you met with Don Jaeger on
approximately November 6, 1990 and he informed you of the
submittal requirements for the Technical Review Board.
Since we have not received any new plans, I am writing to you to
reiterate that these new plans must contain the following:
...
1. Boundaries and dimensions of the parcel.
-'
2. Scale, graphic scale, north arrow, and date.
3. Adjacent properties or land uses.
4. Pavement edge and/or right-of-way lines for all streets,
alleys, sidewalks, turn lanes, driveways and unimproved
rights-of-way wi thin one-hundred (100) feet of the site.
Also, names of adjacent streets and rights-of-way.
Mr. Harold Blanchette
-2-
Nov. 19, 1990
S. Location of all proposed structures, and any existing
structures that are to remain on the site.
6. Setbacks of all structures (over 3 ft. in height) from
property lines.
7. Use of each structure, indicated on the site plan.
8. Indication of height and number of stories of each
structure.
9. Floor plans or typical floor plans for all structures.
10. Finish floor elevations of all structures.
11. Uses within each structure, indicated on floor plans.
12. Elevations or typical elevations of all structures;
including materials, surface treatments, and color scheme of
all exterior surfaces, including roofs.
13. Indication on site plan of location, orientation, and height
of all freestanding signs and wall signs.
14. Location of walls and fences, and indication of their
height, materials, and color.
lS. A landscape plan, showing conformance with the Landscape
Code and Tree Preservation Code, and showing adequate
watering facilities. Plants must be keyed out according to
species, size and quantity.
It is my intention to take this proposed plan as quickly as
possible to the Technical Review Board, and at the same time
bring it forward as an expansion of a non-conforming use (which
we are now preparing a text amendment for). This will enable
your client to go forward for a building permit as soon as he is
ready.
I hope this letter is of' some help to you. If you have any
questions regarding this matter, please feel free to call me.
Yours truly,
~ t:tu~
CHRISTOPHER CUTRO, AICP
Planning Director
CC:frb
C:CptFrank
CiTY of
BOYNTON BEACH
~
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100 E. Boynton Beach Blvd.
P. o. BOI( 310
Boynton Beach, florlda 33435-0310
(4071734.8111
December 26, 1990
Mr. Richard Parsons
435 W. Boynton Beach Boulevard
Boynton Beach, FL 33435
RE: captain Frank's Seafood Market - File No. 535
Administrative Site Plan (building and parking expansion)
Dear Mr. Parsons:
Please be advised of the following Planning Department comments
with respect to the above-referenced request for an administra-
tive site plan approval. The comments below, as well as the
attached comments from other departments, will need to be
addressed on revised copies of the drawings submitted for review,
prior to the applying for a permit. This procedure is detailed
in the attached letter of approval from the Planning Department:
1. Provide a survey. Appendix A - Zoning, Section 11.A.1.
2. Provide a unity of title for lots 130, 131 and the north 13
feet of lot 132 to be forwarded to the city Attorney for
review prior to recording.
3. Complete pages 3 and 4 of the site plan application.
4. Provide a graphic scale on all drawings. Site plan
application, page 5, item #2.
5. Since the addition is planned for an expansion of a
nonconforming retail use, parking for the existing
commercial building and addition is required at the rate of
one parking space for every 200 square feet of gross floor
area. The existing driveway can be credited toward the
parking requirement for the residence of two spaces.
Indicate these parking calculations on the site plan and
application.
6. Since the addition is planned for an expansion of a
nonconforming retail use rather than a principal office use,
revise the proposed building use indicated on the site plan
and application.
Mr. Richard Parsons
-2-
December 26, 1990
.'
7.
Provide a traffic control plan.
Section 11.A.4.
Appendix A - Zoning,
8. Although the four existing parking spaces that back out into
N.W. 4th Street (not permitted by current code) are legal,
as determined by the Engineering Department, it is
recommended that these spaces be removed for safety reasons.
9. Approval of this request is contingent upon adoption of the
ordinance proposed to permit expansion of nonconforming
uses. If the adopted ordinance does not provide for
variances to be waived for the nonconformities which exist
at the subject site (minimum driveway distance from
intersections, backing up into rights-of-way, minimum access
aisle width, and landscaping), this request shall be
rereviewed by the Technical Review Board for code
compliance.
" ~
T~~'2.
tjh
Attachments
A:CaptFran
xc: Chronological File
1
'Ine City'of
1?oynton 'Beach
100 'E. 'Boynton 'Bcadi 'Boulevara
1'.0. 'Bo.t.31O
'Boynton 'Bcadi, 'Jloritfa 33425-0310
(ity:1{al[; (./071 /34 -8111
1>lX: (40;-) /38-i459
OFFICE OF THE PLANNING DIRECTOR
December 28, 1990
Attn: Mr. Richard Parsons
Capt. Frank's Seafood Market
435 W. Boynton Beach Blvd.
Boynton Beach, FI 33435
RE: Captain Frank's Seafood Market - Administrative Site Plan
File No. 535
Dear Mr. Parsons:
Please be advised that on Thursday, December
Technical Review Board approved the referenced
site plan, subject to staff comments, copies
attached.
20, 1990, the
administrative
of which are
These plans were approved subj ect to your compliance with the
attached stipulations and must now be modified to incorporate
same. To initiate your sign-off procedure, please submit two (2)
sets of modified plans to the Office of the Site Development
Division of the Building Department, which will record thE:
required identification markings on each set of the modified
plans.
After both sets of modified plans have the appropriate markings,
you should proceed with your sign-off on both sets of plans from
each Technical Review Board member. The sign-off procedure
requires that the Engineering Department is the first, followed
by all other departments with the exception that the Planning
Department sign off next-to-last and the Building Department
sign-off last. The Zoning & Site Development Administrator will
provide the Building Department sign-off. One (1) set of final
signed-off plans will remain with the Building Department and the
other set of plans will be returned to you to be retained at the
job site.
51merica's gateway to the (ju(f:~tm71l1
. .
TO: Mr. Richard Parsons
-2-
December 28, 1990
To help facilitate the sign-off process, appointments should
be made to meet with each Technical Review Board member to allow
them sufficient time to review and sign-off the modified plans.
After securing all the required Technical Review Board member
signatures and completing processing by the Site Development
Division, you may apply for building permits by sUbmitting the
appropriate documents and fee to the Plan Review and Permitting
Division of the Building Department. The Building Department
will advise you as to any additional permits which may be
required, such as Palm Beach Health Department (water and sewer),
clearing/grubbing, excavation/fill, drainage, paving, site
lighting, landscaping and irrigation.
The approval of the City entitles you to construct only the
improvements shown on the site plan. The site plan will be
viewed procedurally as an as-built or record drawing. If you
have any questions concerning this matter, please do not hesitate
to contact me.
Very truly yours,
~~
CHRISTOPHER CUTRO, AICP
Planning Director
CC:frb
Encs
cc: Technical Review Board
C:CptFrank
%e City of
'Boynton 'Beach
100 'E. 'Boynton 'Beac/i 'Boulevara
P.O. 'Bo{,310
'Boynton 'Beac/i, :.r{orid"a 33425-0310
City J{a{{: (407) 734-8111
DIRECTOR
April 26, 1991
Mr. Richard Parsons
Captain Frank's Seafood Market
435 W. Boynton Beach Blvd.
Boynton Beach, FL 33435
Dear Richard:
As I indicated to you a few weeks ago, I am writing regarding
your plan for parking and building expansion at 435 W. Boynton
Beach Boulevard.
The Planning Department approval of the plan was to allow you to
install a new parking' area to the north of the existing parking
on the west side of your business. In fact this is how you
represented the plans to me.
I indicated to you that City or4inances were unclear as to how to
handle your expansion of the building and the requirement to
upgrade your property to meet code and there would need to be a
meeting of the minds between City Department on this matter.
Finally, I indicated to you that I would have this question
resolved in approximately one month.
Until this question is resolved, I have asked that the Building
Department issue no further permits regarding your property.
I will call you as soon as we have to inform you of our decision
regarding the expansion of your building.
Yours truly
~~
CHRISTOPHER CUTRO, AICP
Planning Director
CC:cp
.9lmerica's gateway to tlie (julfstream
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CITY:,:.of
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BOYNTON BEACH
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100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33435.0310
(407) 734.8111
OFFICE OF THE PLANNING
6
Richard F. Parsons
Captain Frank's Seafood, Inc.
435 West Boynton Beach Blvd.
Boynton Beach, FL33435
Dear Mr., Parsons:
, , '
In response to your correspondence d~1:ed.'~ug~'H
Ci ty Conunission directed the Planning, Departin,~t'rit '
amendment to the City's Comprehensive Plan "to"ohang .... nd
use for the conunercial frontage on the north and sQut.. ..des of
Boynton Beach Boulevard between Seacrest Boulevardj~n4J;f~$5" from
Office Conunercial back to Local Retail Conunercial'.:~:~ts, 'so( < 'tia,.ched
copy of page 11 of the. July 17th mi!l,U:te~~)l ~l"';:ft':>" ''''''!!:,:~
, ',' . . ,- - "; -{<Ii :"~' . .' ,~.; ,'" :-
, .,~: ;~,",' I: ,'" ~:,i: ',,;. ,y. :"~, ".' ,:~;-", ,__--~:i::,':."
Concerning the time frame for the:: ~~o~~o~:.~'Of,;;" ent,
public hearings before the Planning and Zonl119 Boar:d,,,,:<.,.,~~,t.y
Conunission would be held in December. After the City~~~.sion
public hearing, the proposed amendment must,be: tr.n~. . 0 the
Florida Department of Conununity Affairs,;(DCA)",for.';" " eview
period for consistency with the State,' sComJ?rehen$j;,.;. After
completion of the 90-day review period, DCAnoti'f:l.';,>;,i:ty of
their conunents and, if favorable, the City has' 60",d. ';\.tP::";approve
the. proposed amendment. Based on theabove".s~con4;J; . "1.pp;,of the
ord~nance to amend the Future Land Use Element.,o,bac '&J.
., '1".,' .,
Retail Conunercial would likely occur, ,.in" MaY"'i.f4~'1Ji:lJ"i
;~ '", ',.,i,', " ,','I ..' ~ :~ ~;;~:'" ~~:, ~pf;;,~:,;., :t '~l~~ :ijl~
If you have any questions concerA~n.9:',;p.~~(:i'a.:~'
not hesitate to contact me. ......,h,.:~:"""..
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JJG/cmc
cc: Scott Miller, City Manager
Tambri J. Heyden
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=~~~~~~ BE~~~~L~~oi~~~ COMMISSION MEETIN~{~~~~~~~~i
'~-a'~m-J')~ve-=::P--t:'afi-.::;:::::c--otnlt\i8S ioner "W.iner:".'.~
the motion, and the motion carried 5."Q~~"',~~iJ~t~'t'~,,
\0-" t.. I ';:,.'~:t.1:'> :),':,p,: :~. '
Except ion to~ Twice a Year Limi ta t ion" on'~'~~;;!\f~r~'~t~L"
. Comprehensive Plan Amendments ..,::",,,.'t'f;;,;~~X)1~::'l;~!';;;:
. . i ,. .' '~ ~ ....
In response to an inquiry from Mayor 'MQoirE!\'Mr:i:~'C:annon;;l;.< ......
advised the land use on any port ion of land underthre.,':J",.,t;;~:;:r
acres can be changed if the appl icant does not 'want':t:p"balt\
subject to the t\-1ice a year 1 i mi ta t ion on ~ompreheruJ1ve:~fS:"~'.~'
amendments. once. it gets above three acres, it }lasj'to;. '~{,';i,
through the compliance procedure by DCA. ,'llhere.'isf8.,t "./:_
year limitation,on-amending the Plan. Mr. Cannon a~~i.;s:~ll1ii~j(,.,;.
that "Capta in Frank II could request a changefromC+;t.':;:\,t;.~.11,q:;*a~1i'.'
or the Commission could instruct the CityS.t--.f.f;to," .' ." "'.<
an Ordinance to be a Plan amendment .';.'-:"<" . ..
. ~:'\.-:, '
Commissioner Olenik que9tioned whether theCommta,t
decided'the north side of Boynton Beach' BoulevaJ.:'d;'ft(Ult:;'..
Seacrest Boulevard; to 1-95 was to be';C-lzonin'g'./:;::MJ.:'i..;'~n.t10J:1
answered that the -land use of the existing,X'ow;of'iJ'-ots"'*Wa.~,):;,t?"
to be changedtoc~i, and -there was 'permi,.;f.'()n,~~~h.t-,~.ij.,e()~t.~i~i~,,'''.
could go 'the full lot depth if they wou14rtd')":J.~g,t:~l'l';~~~~~:l "
block. Discuss ion ensued about zoning ortcV"Bh'y;n~tt:)n~~~Et.a~:ihl;!(:.~l;,
Boulevard and the coastal theme. Commis.ion~~~.91 ";k:'~t
they should look at that again and addre8.~
conoerns'." :.::' , _.. , 'J~'j;j}"
Commi!fsioner Wein7r moved, second7d b;l!~q,,~ qFi~
to instruct the City Attorney to instrue~\,,~ ,', lty,
to prepare an Ordinance, as, recommended!'1bY'r~*~::'tCa:n
to bring it back to the Commission.MotiO~.{:.9~,t;~i!.
r'i:, ': "~i::;I':li.z;:,l~+ii;::y ~ .;~;t':;..~
Mr. Cannon \'las informed that the Ci tYStaff"'i8t;to:;cill..n9.~' .),),,'
land use for Captain Frank now. Commissi,oner"!Olenil<':'.~;et~~~f~!.:., ~
the entire corridor should be addressed. Mayor Moore':' <:'1;\.,) .
suggested a package be prepared for the Commi:ssion ~C) .."':,',/t,
reconsid-er'the entire corridor, starti~9",;."l.,~,~h;;,..;i! "MH'd~~:,;;'
Comprehensive Plan amendment. ,:kJ,)ji""" " "
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Description:
A. Project Name:
, Agent:
Owner:
Location:
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Cl TY, OF BOYNTON BEACH
PLANNING DEPT.
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SENIOR CITY PLANNER
MR ~ \ JAMES J GOLDEN
Dear. Mr. Golden,
PLeaso provide veri f ication that the Clty"ccinuni'.ld.:Onli;di.t:"~ed
. -. c:')<:' .,,' ,'., '<.~.l:-'1~'ri' :.'~;:L> "i.'~': ";:;,:",::':_.'. .
PlannIng Dept. to change the lcllld 'us~;!1J.OI'lg;.'Boy.nton,',~' "
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and I - 95 , back. to 1 ocalrt)tt.l:~ilic
. ;.:~;:{:;.~~;t,~:;:;',;''''';<~ ,?~"~?',~~~!ft
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Blvd., between Seacrest
~lmmercial zoning.
Please attac~minutes
calong with a schedule
Thank
i:
Sincerely yours,
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RICHARD F PARSONS
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PLANNING DEPARTMENT MEMORANDUM NO. 91-115
FROM:
J. Scott Miller, City Manager
~h'h~ 1 . D'
C r~stop er Cutro, P ann1ng 1rector
TO:
DATE:
May 23, 1991
SUBJECT:
Meeting Summary 5/7/91 Subject Captain Frank's Seafood
This meeting was arranged by the Planning Department to discuss
the City's position on the expansion and required improvements
for Captain Frank's Seafood at 435 West Boynton Beach Boulevard.
More specifically it had become unclear what staff's position
regarding what improvements would have to be made to the subject
.property if the commercial building on the site was expanded.
.Attending the meeting were Christopher Cutro and Tarnbri Heyden
from the Planning Department; James Cherof, City Attorney;
Michael Sewell, Engineering; Scott Miller, City Manager; Mike
Haag and Don Jaeger from the Building Department; Richard
Staudinger, Gee & Jenson.
I explained that I had called the meeting because a permit had
been issued to Mr. Parsons to add new parking to his property and
now Mr. Parsons was attempting to use the TRB sign off to get a
building permit to expand his building. I also indicated that I .
had told Mr. Parsons that this meeting would be held to clear up
whether a building permit could or could not be issued for the
expansion of the structure. I had confirmed this with him in
wri ting. !,
As a group we discussed what different departments had discussed
with Mr. Parsons over the last 12 months. Mr. Miller indicated
that his discussions had been , limited to the addition of a small
office at the rear of the commercial building. Mike Sewell
indicated that the paving permit for the new parking had been
expanded to allow for resurfacing the old parking but that the
additional paving is at the risk of the applicant. Mike Haag and
Don Jaeger both indicated that the contractor for the owner. had
attempted to submit building plans but they had been rejected
because all the TRB comments had not been met and that Planning
had indicated verbally and later in writing that the sign off was
for the parking lot only.
The plans were viewed and Mr. Miller commented that the expansion
was much larger than he had discussed with Mr. Parsons. Mr.
Cutro pointed out that this was where the problems were arising
because the owner of the property indicated that his plans were
totally approved at a meeting with staff in september. Staff
felt that any expansion of the building automatically required an
-~.__..__._-,---_._--_._-_._----_.:...-~_.._._.._--_._--_..'--~-"'--
TO:
J. Scott Miller
-2-
May 23, 1991
upgrade of lighting, parking and landscaping. Several persons
asked if this also required the removal of the head in back out
spaces on NW 4th Street. This was a concern because the
Engineering Department had commented at TRB that these spaces did'
not have to be upgraded based on the september meeting. Both Mr.
Cherof and Mr. Staudinger disagreed with this statement.
After hearing this discussion we attempted to reach a consensus.
It was agreed by everyone that if the expansion would have the
effect of expanding the commercial business then a variance to
expand the non-conforming use would be needed. In addition, it
would be necessary to upgrade parking, drainage, lighting, and
landscaping and remove the head in backout parking or receive
variances for these items.
.It was agreed that if the expansion was for a separate office not
.to be used by the owner, then the plans would need to be changed
to meet the Building Code and upgrades would still be required
for lighting, landscaping, drainage, and parking or application
for variances would have to be approved for these items.
I indicated that I would write a letter to Mr. Parsons explaining
these positions to him. Mr. Cherof, Mr. Jaeger and Mr. Miller
would all review the draft letter for corrections. I~ was also
agreed that no discussions would be had by anyone with Mr.
Parsons or his representatives until after the letter was
delivered to him.
CC:cp
cc: Jim Cherof
Tambri Heyden
Mike Haag
Mike Sewell
Don Jaeger
CITY MANAGER' S OPPICB
CITY OF BOYNTON JmACH
o
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TO: Tambri Heyden
DEPARTMENT
Plannin
APPROPRIATE ACTION ~
EVALUATION/RECOMMENDATION []
FOR YOUR FILES []
ACTION DESIRED PRIOR TO
SUBJECT: Captain Frank's Seafood, Inc.
,. ~
Based on our meeting on Tuesday, October 16th, :t'~would'Ca.]f;.
proceed in processing an amendment to the City's COmprehen.~.
regarding changing the land use for the commercial.frontag.~if
and south sides of Boynton Beach Boulevard between Saaera. .~~
1-95 from office commercial back to local retail:eomme~ci.
attention to this matter is appreciated. Thank'ou '" '.
please
;%~~itY Manager
JSM:cd
cc: Don Jaeger, Building & Zoning Director
Vincent Finizio, Administrative
RESPONSE:
I have familiarizeQ Chris
he will be contacting you
a land use amendment.
/
. Date (Action Completed)
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,
ENGINEERING DEPARTMENT MEMORANDUM NO. 90-269
November 1, 1990
TO:
J. Scott Miller
City Manager
FROM:
Vincent A. Finizio
Administrative Coordinator
of Engineering
RE:
Technical Review Board Comments
Site Plan Review.
"Captain Frank's Seafood Store"
Harold Blanchette - Applicant
In accordance with the City of Boynton Beach Code of Ordinances, Chapter 19,
Article II. "Site Plan Review and Approval", Sections 19-17. "Plan Required"
(inclusive) and 19-17.1. "Fee to Accompany Plan", the applicant for the above
referenced project shall formally submit the required plans, data, technical
information and appropriate submission fee(s) including a complete and proper
site plan review application, prior to this Department generating Staff comments
regarding required improvements.
I recommend that the applicant be directed to visit my office for guidance and
direction toward complying with the provision of our City's Code of Ordinances.
l ~: - +.A -:4- "O~
Vincent A. Finizio
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cc:
Christopher'Cutro, Director of Planning
Don Jaeger, Building Department
Tambri Heyden, Assistant City Planner
Central Files
It"n $ "-
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Captain Frank's Seafood/Bailey's Home SVc., Inc.
402 B. Ocean Ave.. Bay 5
PERMIT NO.
.
91-1348 NOT
APPROVED
CORRECTIONS MUST BE
MADE AS NOTED BELOW
ADDA ESS
LOT
435 West Boynton Beach Boulevard
BLOCK
SUBDIVISION
o BLDG. 0 ELEC. 0 MECH. 0 'LaG. (JI Site P1an Insp.
Work not in comOJ:1l8DCe with approved plaDs:
.cur a on ~.DD
2) Stop sip in &aile ialaDds DOt installed.
3) Irr:l.gad.on in &aile ial.aDds DOt installed.
4) La11dsc:ape .aterial In &a18e islaDds not inBta11ed.
5) Baadicap stallllislocated.
6) IUIndi caD sliED DOt at avvr(1)riate heiaht: (8411 to
bottoa of s1.p).
7l J .Ands:cape .aterial obscuriIut Handicap sign.
8) The word "STOp. DOt stenciled under stop bar.
o STOP WORK!
(!J VIOLATION! CORRECT AS NOTED
[!J REINSPECTION FEE OF $25.00 MUST BE PAID (I)
IN PERSON AT THE BUILDING DEPARTMENT
[!) CALL 738-7483 FOR REINSPECTION 8:00-4:30
CITY OF BOYNTON BEACH, FLORIDA
1/25/93 (*) per B1dq. Off. ~ C/Mq
DATE
r; Whiu. Fil. Copy I Can.ry . Inspector's Copy I Pink. OHice Copy I White Tag. Job Copy
~6.-w:> 'lS'~'~ ~ IPS/q3
-.....---- --
Captain Frank' s . Seafood/Marsh & Sons paving
/ 704
est PalJIl BeAch, n 33406
PERMIT NO.
93-0135
NOT
APPROVED
CORRECTIONS MUST BE
MADE AS NOTED BELOW
ADDRESS
435 West Bo ton Beach Boulevard
LOT BLOCK
SUBDIVISION
Seal.coatinq & Restripinq
o BLDG. 0 ELEC. 0 MECH. 0 "LBG. ~
Work not in comoraance with approved plans:
1) Rand" cap stall not located as depicted on approved
plans.
2) The word "STOP" not stetlCl1ed UDder stop bar.
o STOP WORK!
[it VIOLATION! CORRECT AS NOTED
o REINSPECTION FEE OF $25.00 MUST BE PAID
IN PERSON AT THE BUILDING DEPARTMENT
[iJ CALL 738-7483 FOR REINSPECTION 8:()o'4:30
CITY OF BO EAC
DATE 1/25/93 INSPECTOR
Whit. . Fil. Copy I C~n.ry . Inspector's Copy I Pink. Offic. Copy I Whit, Tag. Job Copy
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STAFF COMMENTS
CAPTAIN FRANK'S SEAFOOD MARKET
ADMINISTRATIVE SITE PLAN (PARKING & BUILDING EXPANSION)
BUILDING DEPARTMENT:
ENGINEERING DEPARTMENT:
POLICE DEPARTMENT:
UTILITIES DEPARTMENT:
PLANNING DEPARTMENT:
FORESTER/ENVIRONMENTALIST:
See attached memorandum
See attached memorandum
See attached memorandum
See attached memorandum
See attached memorandum
See attached memorandum
December 27, 1990
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PLANAJ J_
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BUILDING DEPARTMENT
MEMORANDUM NO. 90-558
TO:
Christopher cutro, planning Director
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THRU:
Al Newbold, Deputy Building Official
FROM: Alan Capino, Landscape and Environmental Inspector
RE: TRB Comments - December 20, 1990 Meeting
SITE PLAN - CAPTAIN FRANK'S SEAFOOD MARKET (OFFICE ADDITION AND
PARKING LOT IMPROVEMENTS)
Upon review of the above mentioned project, the following list of
comments must be addressed in order to conform with Boynton Beach
city codes:
1. The proposed project (expansion of a nonconforming use)
requires that you apply for and receive approval of a
variance to expand a nonconforming use through the Board of
Adjustment.
2. For safety of pedestrians and vehicle traffic, I recommend
eliminating the vehicle aisle directly in front of the
building that faces Boynton Beach Boulevard. I further
recommend (for the above stated reasons) that the parking
spaces located along the East property line also be removed.
3. place the code required landscape area and landscape
material along the public right-of-way at Boynton Beach
Boulevard and N.W. 4th Street.
4. Show and specify (on the plan) the location and type of
existing landscape material on the site.
5. Show and specify (on the plan) the buffer that is required
to be placed along the entire North property line to buffer
a commercial zoned district from residential districts.
6. Provide a plant directory for the landscape material.
Include in the directory the number of each type of hedge
and tree material, species, height, spacing and quality of
material. Provide a distinguishable symbol identifying the
native species plant material (50% native species required).
7. For improved traffic flow, I recommend relocating the
existing driveway to the residential building to the south
side of the existing sidewalk and that a one-way egress
aisle be constructed within the property that lies between
the North face of the residential building and the North
property line that would exit on-site business traffic to
N.W. 4th Street. The proposed egress aisle would require a
modification to the size of the code acceptable egress aisle
and landscape buffer that may be acquired by receiving
approval of a parking lot and landscape variance.
8. I recommend to re-position the existing handicapped
accessible parking space closer to the building and
reestablish the code required pavement markings, handicapped
parking sign and handicapped accessible path to the
building.
/
I
~
To Christopher cutro
Captain Frank's Seafood Market, Memo #90-558
December 27, 1990
Page Two of Three
9. The elevation drawing(s) submitted with the plans for
final sign-off are required to have the color of each
exterior finish material identified by name, color number
and manufacturer's name. A manufacturer's color chart
showing and identifying the proposed color(s) is required to
be submitted with the plans for final sign-off.
10. Provide a survey of the property.
11. Specify on the plan the width and length of the landscape
island shown located within the parking spaces along the
west property line (min. width 5'0").
12. Specify the width of the landscape area along the North
property line (min. width 2'5").
13. show the location and specify the type and size of the
curbing required to protect the landscape material.
14. Provide a detail drawing of the pole used to support the
required site lighting. Include the following site lighting
information on the plan:
i. height of the pole
ii. depth the pole or pole base is below grade
iii. specify that the pole and fixture is designed to
withstand a windload of 120 MPH
iv. distance from the top of pole base to grade level
v. size, spacing and type of material and structural
components required for the pole base
vi. cut sheet specifying the type of light fixture
vii. specify the location of all poles on the site plan with
distinguishable symbol
NOTE: Off-site glare will be shielded from adjacent
residential property
15. Specify the type of material and width of the sidewalk
required along N.W. 4th Street.
16. Specify the type and height of the fencing shown on the
plan.
17. Show on the plan a typical detail drawing of a regular and
handicapped parking space. Include the following information
on the detail drawings:
i. color of the pavement markings
ii. width of striping
iii. configuration of the pavement markings
iv. size of each type of space
v. location the wheel stop and location and height of
required signage
18. Revise the width of the driveway aisle to identify the
minimum width of twenty-seven feet (27').
19. Provide hedge screening for the vehicular use area from
Boynton Beach Boulevard. Plant a hedge material 3' of height
and 2'0" on center on a landscape area of 5' wide.
20. Provide one tree every 40' along Boynton Beach Boulevard and
N.W. 4th street.
21. Provide hedge material to separate site from abutting
property along the west property line.
To Christopher cutro
Captain Frank's Seafood Market, Memo #90-558
December 27, 1990
Page Three of Three
22. Provide an automatic irrigation system for the landscape
area. Water to be from a non-potable water source.
23. Specify area to be mulched or sodded, and identify mulch and
sod to be used.
24. Provide proof of ownership for new parking and driveway.
Note: Variance required for existing parking spaces located on
the East property line.
25. All drawings and/or documents submitted for public record,
and prepared by a design professional, shall show original,
legible, raised seal and signature of a Florida registered
design professional, who is responsible for the drawings.
In order to facilitate the permitting process, the following
information should be included with your documents submitted to
the Building Department for review and permitting:
1. The new addition shall comply with the Standard Building
Code, 1988 Edition, Table 600, with regards to the distance
between the new addition and the existing building.
Ala~f' ~ --
AC:ald
ENGINEERING DEPARTMENT MEMORANDUM NO. 90- 309CC
December 21, 1990
TO: Christopher Cutro
Director of Planning
RECEIVED
DEe 21 1990
PLANNlf '
~
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FROM: Vincent A. Finizio
Administrative Coordinator of Engineering
RE: TECHNICAL REVIEW BOARD COMMENTS
CAPT. FRANK'S SEAFOOD MARKET
In accordance with the prov1s10ns set forth in the City of Boynton Beach, Florida,
Code of Ordinances, specifically Chapter 19-17, "Plan Required" and Chapter 5,
Article X, "City of Boynton Beach Parking Lot Regulations", the applicant shall
provide the following information, technical data and plan revisions.
1. Submit a site lighting plan consistant with the requirements of Section 5-l42(a) ,
"Required Lighting" and Section 5-l42(g) , "Lighting Standards". The lighting
plan submission shall include photo-metrics depicting actual light illumination
levels along pavement surfaces.
2. Provide a storm water drainage plan for the new parking facility. Submittal
for the storm water drainage system shall include drainage calculations and
percolation tests as required by Section 5-l42(f) , "Drainage", including
Section 5-l42(g) , "Drainage Standards".
3. The paving and drainage plans shall be revised to include a suitable "free
vehicular backup area" of 27 feet in accordance with Section 5-l42(g) ,
"Parking Lot Construction Standards" and associated appendix.
4. Provide a parking lot striping plan which depicts striping details for standard
and handicap stalls in accordance with the provisions set forth in Section
5-l42(k), "Handicap Requirements".
5. Provide construction elevations for the proposed parking lot addition in
accordance with Section 5-l42(g) , "Dimensions".
6. Provide raised continuous concrete curbing where parking stalls abut land-
scaped areas in accordance with Section 5-l42(e) , "Curbs and Car Stops".
7. Provide stop bars at points of egress in accordance with Section 5-l42(c) ,
"Traffic Control". As the design does not allow for the placement of stop
signs, the applicant shall provide in bold letters the word STOP applied to
the surface of the pavement adjacent to the stop'bar in accordance with
Department of Transportation Standards and the Manual on Uniform Traffic
Control Devices. Additionally, the applicant shall apply internal directional
arrows to facilitate the efficient movement of vehicular traffic through this
facility. During the Technical Review Board meeting, the applicant agreed
to apply directional arrows to route in one direction, vehicular traffic pass
the facade of the building in a west bound direction only, insuring this
action with the additional application of a DO NOT ENTER sign.
8. The applicant shall indicate on his plans the placement of wheel stops at all
standard and handicap parking stalls in accordance with Section 5-l42(e) ,
"Car Stops".
During recent discussions, the City Manager, J. Scott Miller, City Attorney,
James Cherof and previous Interim Director of Planning, Tim Canon, it was
determined that the applicant shall not be responsible to modify the existing
facility relative to stormwater treatment, nor shall the applicant be responsible
to apply for a variance for backing out of a parking facility into a public
right-of-way, as the City of Boynton Beach has previously issued permits for said
construction.
con't.....
ENGINEERING DEPARTMENT MEMORANDUM NO. 90-309CC con' t.
TECHNICAL REVIEW BOARD COMMENTS
CAPT. FRANK I S SEAFOOD MARKET
The Engineering Department, for the City of Boynton Beach, is available to
meet with the Architect and Engineer in order to bring this submission into
compliance with our City's Code of Ordinances.
U .:.:h4.Ltf=
Vincent A. Finizio
VAF/ck
cc: J. Scott Miller, City Manager
MEMORANDUM
POLICE =# 90-0170
TO:
Mr. Chris Cutro
FROM:
Lt. Dale S. Hammack
RE:
Capt. Franks
DATE:
December 21, 1990
As per our discussions at the Technical Review Board meeting of
December 20, 1990, I am recommending the following:
1. Stop bar and stop sign at exit. (City Ord. 5-142C)
2. Driveway one way West bound and signage One Way, Do Not
Enter, and directional pavement arrows in appropriate locations.
(City Ord. 5-l42C)
3. Though not a requirement, I recommend that double sliding
glass doors be replaced with a window with metal frames and small
panes for security purposes.
~eo;;~
Lt. Dale S. Hammack
DSH/cgm
MEMORJ\NDUM
Utilities #90-728
TO: Christopher Cutro
Planning Director ~
FROM: John A. Guidry
Director of Utilities
DATE: December 20, 1990
SUBJECT: TRB Review - Capt. Frank's Seafood Market - Site Plan
We can approve this project subject to the following conditions:
1. Show all utility easements. Provide recent survey.
2. Reduced pressure backflow preventers will be required on
the water service. Indicate location, model and size.
We recommend dual units in parallel so service is not
interrupted during testing. If one exists, so indicate
on your plans.
.
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July 16, 1993
Richard Parsons
Captain Frank's Seafood
435 West Boynton Beach Blvd.
- - --~--
CITY OF BOYN'l'ON BEACH
ORICB OF THE CITY MANAGER
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Date
2/2/93
.Arline Weiner, Mayor
Lynne Matson, Vice Mayor
Jose Aguila, Commissioner
Edward Harmening, Commissioner
Robert Walshak, Commissioner
AS REQUESTED
FOR YOUR INFORMATION
xxxx
REMARKS: Captain Frank's Seafood - 435 W. Boynton Beach Boulevard
At the last regular City Commission meeting of January 19, 1993 an inquiry
was made as to how a permit was issued by the City for slurry coating and
striping the parking lot of Captain Frank's without adhering to the
requirement involving two islands in closing off the driveway (required by
the City Commission at the September 15, 1992 Commission meeting).
Attached hereto please find a copy of Building Department memorandum No.
93-019 which briefly and clearly outlines the history of permits (since
1991) on improvements to this property. It also responds to the seal-
coating and re-striping permit. Memorandums from the Planning & Zoning
Director and the Administrative Coordinator of Engineering, No's 93-018 and
93-021 respectively, are also attached to this memorandum providing addi-
tional information to this subject matter.
In summary, a site improvement permit was issued by the Building Department
in April of 1991 and as of this date is not complete and has not been
finaled by the City (signed off). A permit for the addition to the rear of
the main building was issued in July of 1991, and there is still
outstanding work that need be completed before said addition is signed off
by the Building Department. A sealcoating and re-striping permit was
issued on January 11, 1993 for maintenance only. Until the site improve-
ment permit is finaled (which would include the deletion of two
landscaping islands and closing off the driveway) a certificate of occu-
pancy for the expansion will not be approved and issued.
I find that the issuance of a permit to sealcoat and stripe this parking
lot was not out of line since this type of work is considered basic main-
tenance. However, City staff needs to stay on top of this site improvement
permit in order to assure that the Commission's directive is followed.
Should you have any further questions relative to this subject matter,
please feel free to contact me.
RECEIVED
FEB 2
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 93-018
TO: J. Scott Miller, City Manager
(J~ -e"-u.W-.r
FROM: Christopher Cutro, Planning and Zoning Director
DATE: January 29, 1993
SUBJECT: Captain Frank's Landscaping Islands
On September 15 ot last year the City Commission denied the
landscape appeal of Richard Parsons regarding the deletion of two
landscaping islands in the parking lot of Captain Frank's Seafood
which is located at 435 West Boynton Beach Boulevard.
After the meeting Mr. Parsons asked me in the lobby of the Chambers
what was he to do. I told him to install the islands as soon as
possible. Due to this conversation I did not send a letter of
denial to Mr. Parsons.
Since the Commission's last meeting I have sent Mr. Parsons a
letter aSking him to provide us with a new drawing for the front of
the property showing the islands as' well as a readjusted
handicapped parking space. This new drawing is due in our office
on February 8, 1993.
If Mr. Parsons does not provide the drawing it is my intention to
put a hold on the Certificate of Occupancy for the expansion that
was approved as part of the site plan modification that included
the landscaping. I will also be working with the Building
Department and if Mr. Parsons occupies the expansion without
benefit of a Certificate of Occupancy he will be cited to the Code
Enforcement Board as soon as possible.
CC/cmc
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ENGINEERING DEPARTMENT MEMORANDUM NO. 93-021
AGENDA ITEM
TO: J. Scott Miller, City Manager
January 29, 1993
FROM: Vincent A. Finizio
Administrative Coordinator of Engineering
Re: City Manager's Directive to Submit a Report
Captain Frank's Seafood Market
Please be advised that the Engineering Department conducted an
inspection of the above referenced site on January 25, 1993 in
order to determine the site's state of compliance with approved
City plans held in the custody of the Building Official.
The attached "Notice of Violation(s)- Red Tag(s)" were issued to
the Contractor(s) and the Property Owner and as such shall con-
stitute the report requested by your office.
Should you require any additional information please contact me
at extension 488.
Respectfully submitted,
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CITY liANAC:::;-TS OFFiCE
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attachments: A quantity of two (2) Notice of Violation
CITY MANAGER'S OFFICE
CITY OF BOYNTON BEACH
TO:
Tambri Heyden
DATE
October 10, 1990
DEPARTMENT
Planning
.
It
APPROPRIATE ACTION ~
EVALUATION/RECOMMENDATION []
FOR YOUR FILES []
ACTION DESIRED PRIOR TO
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FOR YOUR INFORMATION
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NOTE AND RETURN
OTHER
SUBJECT: captain Frank's Seafood, Inc.
Attached hereto please find a copy of a letter dated August 6, 1990, from
James J. Golden, former Interim Planning Director, reference the above
noted subject matter. I would appreciate you immediately forwarding to my
attention any and all files regarding captain Frank's Seafood, Inc. for my
review. Also, at the same time I wish to discuss this 'matter with you.
Your prompt attention is appreciated. Thank you.
L-7 ~~
{. Scott Miller
ity Manager
JSM : j b
Attachment
---,
RECEIVED
OCT 1 0 1990
PLANNING DEPT.
-
--
RESPONSE:
Attacheu are copies of current file of Captain Frank's
Seafood, Inc.
,
Date (Action Completed) 10/11/90
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TEL NO:373423:'
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TO:
FROM:
SUBJECT:
DATE:
J. Scott Miller, city Manager
Ja1llQa A. Cherot, city Att.orney
Captain Frank'. Seafood
Kay 16, 1991
On Tuesday, May 14, 1"1, I me~ wlth R1cnar4 Parsona, the owner
of Oapt.ain Frank'. Seatood w1th re.pec~ to the i..uance of a
Building Permit tor the construction of an additional structure
on hi. property. It Is o~vlou. that there has been a qreat deal
of miecouuaunicatlon betwe.n th1s 1ndividual and our City IItaff
rega.dinq conditions ot slte improve..nt. I have already
discu&se4 wl~h you, my opinions reqard1ng the cause of that
aiscommun1cation, but in summary I believe it is a oombination of
problema originating wlth both the property owner and with staff.
It rQmaln8 .Y oplnion that the work conte.plated by the site plan
will r.sult in the expansion of a nonconto11l1nq use on the
property. Th. variance procedure throuqh Board of Adjustment
should have bean pursued by the property owner. However, the
property owner apparently received mixed siqnals trom the City
which ln part led hi. to believe that a variance was not
nec..aary and that the matter could be dealt with
administratively.
As I indicated to you. I was particularly di.trealuad t.hat Mr.
Parsons had documents in his po..ession whioh were qenerat.ed in
the Buildinq Department and which ware not provided to me by the
auildinq Department, tollowinq ay reque.t. 1 think this problem
warrants further review by you.
During my meet.inq with Mr. Parsons he indioated that he haa
complied or i. willing to oomply w1th tbe statt comments
reqarding uPOradinq the prop.~y. In light of that
representation, the siqn-off on his plans by stalf, tho April 22,
1991, letter from Mike Haaq, and the iesuance ot Building Permits
without restrictive notation., it is .y opinion that the Buil~ing
Permit to construot the buildinq depicted on the plans should be
is.ued. I t.hink we should continue to encourage Mr. Parsons to
under~ake the improveaent. roque.ted by atart during the
construotion prooes. And prior to t.he 1..uance or the certif10ate
o t Oooupanoy.
LIB
MILLER
._-_.._--~-~-----"--~_..
MEMO NO. 91-38C
TO:
FROM:
DATE:
SUBJECT:
Don Jaeger. Building and Zoning Director
Carrie Parker, Assistant City Manager
May 17. 1991
Captain Frank's Seafood
Attached please find a memo from the City Attorney, which the City
Manager's office received at approximately 11:00 PM on Friday. May 17,
1991. indicating that the building penmit for Captain Frank's should be
issued. Upon a telephone conversation with you, it was indicated that Mr.
Parsons has not submitted plans for building penmit review, because of the
outstanding questions regarding the site plan approval. At that time a
conference call was held between yourself. Gene Moore (the applicant's
attorney), and myself to let them know that Mr. Parsons needed to come in
and submit his building plans for penmit review and would be required to
comply with all Building Department regulations. Mr. Moore indicated he
understood the procedure and the plans would be submitted for review later
this afternoon (Friday, May 17, 1991). Please process these plans once
they are submitted in accordance with the attached memo from the City
Attorney.
-
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Carri e Parker ' , -
Assistant City Manager
CP:cd
cc: J. Scott Miller. City Manager
James Cherof, City Attorney
Chris Cutro, Planning Director
Gene Moore
Attachment
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MEMORANDUM
FROM:
Don Jaeger, Building Official
~.~'
Christol)her Cutro, Planning Director
TO:
DATE:
April 26, 1991
SUBJECT:
Captain Frank's Parking Lot
This memo is to clarify the Planning Department's approval of a
portion of the Captain Frank's site plan.
Our approval is limited solely to the new parking area being
added at the rear of the single family house north of the
commercial structure on the site.
There is a lack of consensus on how to handle the expansion and
for this reason I will be calling a meeting of engineering,
building and planning personnel to discuss this project and agree
on a position to be taken by the City.
In the interim I would ask that your department issue no
building permits for any work on the site other than the new
parking area on the plan.
If you should have any questions please feel free to call me.
CC:cp
cc: Mike Haag
Jim Cherof
Tambri Heyden
vince Finizio
Richard Staudinger
III
,
~~
.....--
MEMORANDUM
Utilities #91-226
TO:
Christopher Cutro,
Director of Planning
A ./1/ ,t;/"
?fUtA d,tl'. e ·
FROM:
John A. Guidry,
Director of Utilities
DATE: April 22, 1991
SUBJECT: Notification of Sign-Off - TRB
We have completed our review and have found the following
project to be in substantial compliance.
Capt. Frank's Seafood
Administrative Site Plan File #535
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Skip Milor
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RECREATION & PARK MEMORANDUM #90-626
TO:
Chris Cutro, Planning Director
RE:
Capt. Frank's Seafood Market - Site Plan
kJR-
FROM:
Kevin J. Hallahan, Forester/Environmentalist
DATE: December 21, 1990
1. The plant list should specify what size, height and species
are to be planted.
2. The SW corner of the site should be landscaped to buffer the
parking lot from Boynton Beach Boulevard.
KH:ad
\
Ronald L. Uphoff, AlA
2424.S N. Congre~5 Avenue
W. Palm Beach, Florida 33409
(407j 478.11S7
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