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CORRESPONDENCE /i A", A/'l OJ":. ;,......;;::r- ! /~P"l~'- ~ PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-077 Agenda Memorandum for April 5, 1994 city Commission Meeting FROM: J. Scott Miller Ci;.r Manager ~~.9H~ Acting Planning and Zoning Director TO: DATE: March 30, 1994 SUBJECT: Checker's Drive-In Restaurant - File No. ADAP 94-002 Administrative Appeal - fascia neon NATURE OF REOUEST As indicated on the attached letter (see Exhibit "A") from Anna cottrell, agent for the Checker's Drive-In Restaurant, to you, dated March 23, 1994, Anna cottrell is appealing an administrative de~ermination regarding the use of neon along the fascia of the building currently under construction at the northeast corner of Old Boynton Road and Boynton Beach Boulevard (see Exhibit liB" - location map). The appeal is being filed based on the agent's understanding that the City Commission approved neon tubing along the fascia (see Exhibit "C" for elevation showing fascia) of the Checker's Drive-In building, as part of the November 16, 1994 approvals of the Checker's conditional use request and community design plan appeal. Staff's determination, after researching the minutes and recordings of the November 16th meeting, is that neon along the building fascia was not part of the Commission approval. BACKGROUND Excerpts of the minutes of the November 16, 1994 city Commission meeting, when the checker's approvals were granted, are provided in Exhibit "D". On page 30 of the minutes, under discussion of the conditional use request, neon tubing, which back-lights the glass blocks at the building corners, was acknowledged and was approved and reflected on the building permit drawings. On page 33 of the minutes, under discussion of the community design plan appeal, the neon behind the glass blocks was mentioned again, . this time by the applicant in their presentation. On page 34 of the minutes, it Wus indicated that the photographs that were presented by the applicant to the Commission were not part of the approval. ANALYSIS Checker's is located within the Community Design Plan, Spanish/ Mediterranean district. As previously stated, the November 16th project approval by the City Commission included the applicant's request for relief from the roof covering and features requirements of the Spanish/Mediterranean design. The Community Design Plan permits an applicant who does not wish to use the designated materials and features from the list of community Design Plan standards, to propose for consideration, materials and features that are harmonious with the required architectural style. The Checker's discussion at the November 16th meeting included much debate as to whether the architectural elements that the applicant was proposing to add to the primarily, modern- styled building, transformed the building into a building characteristic of the spanish/Mediterranean style. Regarding the use of neon, teal neon tubing was approved by the Commission, as it was reflected on the elevations reviewed by staff, to be used behind the glass block at the building corners, in rows at the tov of the columns and for window signs within recessed areas of the bUilding. The additional neon requested TO: J. Scott Miller -2- March 30, 1994 is to be exposed tubing within two horizontal, linear, recessed areas along the entire length of the building fascia. As compared to the neon already approved, the use of the neon along the fascia is dramatic, bright and very noticeable; drawing attention to and emphasizing the roof treatment used - that being a material other than the barrel tile, S-tile, exposed rafters, or exposed beams of the Spanish/Mediterranean design district. Instead, the additional neon could be used to back-light an element of the fascia to softens its appearance and emphasize the more subdued aspects of the building which are characteristic of the Spanish/Mediterranean style. RECOMMENDATION Based on the above, staff recommends that the request to add neon along the fascia of the Checker's Drive-In Restaurant be approved, subject to redesign of the recessed area of the fascia so that the neon is not exposed or relocation of the neon to an area of the fascia where the neon would back-light the fascia. tjh Attachments xc: Central File A:CheckAdm BASEHART & COTTRELL, INC. PLANNERS 1532 Old Okeechobee Road, Suite 101 West Palm Beach, FL 33409 407-688-0048 FAX 407-688-2009 March 23, 1994 Scott Miller City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 RE: CHECKERS DRIVE IN RESTAURANTIBOYNTON BEACH BOULEVARD Dear Mr. Miller: Thank you for taking the time to meet with me yesterday regarding the Checkers building permit approval. As we discussed, Checkers had included neon tubing along the fascia of its proposed building on building permit applications. The staff required removal of the neon during its review. We complied, only because we did not wish the matter to hold up the permitting for this project. It is our belief tltat the neon was approved as part of the Commission's overall approval for the site development, since we indicated the neon in both our presentation and in the photographs submitted to the Commission. We appreciate your further investigation of this matter. Because the project's construction has commenced and completion is expected about the third week of April , we are respectfully requesting that your determination be made as quickly as possible. If you determine that an administrative appeal to the City .Commission is necessary, we will ask to be placed on the Commission's April 5th agenda. Please call me at your earliest convenience to discuss this. Sincerely, ~~~ Anna Cottrell, AICP Principal .. ~- '.. .."... -\.~ ::_,,:/.! . __ ..::."..4 cc: Chris Koncal, Checkers Drive In Restaurants '.1A~ 2 5 1994 C...;"""' . '..- LOC~\\ON \\J\~P CHE.CKE.RS y~ _ ....,. ""',. I :;, .. < 1'\ p.. p.. j \ 8P . . /' ; ~~C~> ~ ,.. I .: \\ ~ put) ~\J\\e.O . ,"-... \;, ,'\6i~'p\. aplG ",,"l" '#\..~ce.. \ \. .' " .. . \ \ ~ \ ,... ",.. ii' E~i i~ al ~I I~ i~ I I , , I) II I( II r II ~ II en ' , o II m II Iii m II I~ ~ II d )> II 11 :::J I, III o ~'I z ~ II .. I I \ tail : .ill , ail (I t\ II r ~ II L 'I , , , I , 1 Ih" 11 L. 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Box 310 Boynton Beach, FL 33425 RE: CHECKERS DRIVE IN REST AURANTIBOYNTON BEACH BOULEVARD Dear Mr. Miller: Thank you for taking the time to meet with me yesterday regarding the Checkers building permit approval. As we discussed, Checkers had included neon tubing along the fascia of its proposed building on building permit applications. The staff required removal of the neon during its review. We complied, only because we did not wish the matter to hold up the permitting for this project. It is our belief that the neon was approved as part of the Commission's overaIJ approval for the site development, since we indicated the neon in both our presentation and in the photographs submitted to the Commission. We appreciate your further investigation of this matter. Because the project's construction has commenced and completion is expected about the third week of April , we are respectfully requesting that your determination be made as quickly as possible. If you determine that an administrative appeal to the City Commission is necessary, we will ask to be placed on the Commission's April 5th agenda. Please call me at your earliest convenience to discuss this. Sincerely, ~ ~~ Anna Cottrell, AICP Principal .... _.~:...__ ,.......1.:~I..! . _-' ..~ cc: Chris Koncal, Checkers Drive In Restaurants r~lAf{ 2 5 1994 c.. . ;., . ~.., .