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LEGAL APPROVAL DEVELOPMENT ORDER I OF BOVNTON BEACH, FLOR. c!tt: r'~ ~ PROJECT NAME: Boynton Beach Mausoleum, Inc. APPLICANT: Boynton Beach Mausoleum APPLICANT'S AGENT: Beril Kruger APPLICANT'S ADDRESS: 9 N.E. 16th Street, Delray Beach, Florida 33444 DATE OF HEARING BEFORE CITY COMMISSION: January 6, 1998 TYPE OF RELIEF SOUGHT: Zoning Code Variance (side setback requirements) lOCATION OF PROPERTY: 1611 S. Seacrest Boul~vard DRAWING(S): SEE EXHIBIT "An ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's land Development Regulations. 2. The Applicant HAS -1L- HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "Bn with notation "Includedn. 4. The Applicant's application for relief is hereby . _ GRANTED subject to the conditions referenced in paragraph 3 hereof. -1L- DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further developrllent on the property shall be made in accordance with the terms and conditions of this order. 7. Other \ \ \ \ \ \ \ III " Ii I11111 ~,\\ ~ ~TON ///~ ;$' n. 0 ......... l!J L\. ~ /J ~._ ~_ //~.... (~~ ~ v ."oRA ", ,. ~ DATED: ~ut.tr ~ /P,I ~. ~~..r~~ ~ (<, t~ 1'~"'~" ~ ~ City Clerk ~ ~ ~f, '\ :t ~ ="", ) = J:\SHRDATAIPlMninglSHARED\WPlPROJECTS\IIoynlon BNCI'I ~\OEVELOPMENT ORDER.dOC ~ "0 "\ 9Z0 I j ~ ......l"~ , F-'d\Q # ~ LOP ':<,\,,, 1/",,,,,,,,,\\\\\\,< AA! #./.AAI'~ ."\ EXHIBIT "B" Conditions of Aooroval Project name: Boynton Beach Mausoleum File number: ZNCV 97-012, Case No. 246 (setback requirements) Reference: Aoolication with a October 30.1997 date. File # ZNCV 97-012. Case No. 246. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. It is recommended that the applicant complete and record a unity of title X document to combine all parcels within the cemetery complex. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. DENIED VARIANCE. X ADDITIONAL CITY COMMISSION CONDITIONS 3. To. be 8~te.Ul~u..d': ""Ne- t/" !bme J:ISHRDATA\PLANNINGISHAREO\WP\PROJECTS\BOYNTON BCH MAUSOlEUM\COND. OF APPROVAL.DOCs:\projecls\cond of appn ....,_..~,-' ------.........-~ ~ --~"-~. .,,-'. c:' ""\, ,- l ~'\ ; , ~'" nCE OF PUBLIC HEARING \ \, U,. _.-:-"~~;"- NOTICE IS HEREBY GIVEN that the following application has been made to: 1M pLhO/NINtl l\Qlo DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing s indicated un and pursuant to the provisions of the Land Development Regulations of said City: PltlNNINGfpNTO ZONING IlL . ~I Case NO.246 "+'-"'- Owner: Boynton Beach Mausoleum, Inc. Requested Variance: Request for a variance from the City of Boynton Beach land Development Regulations, Chapter 2 - Zoning, Section 5.J.2 to allow a reduction of the minimum side yard setback requirement from 30 feet to 10 feet. Location: 1611 S. Seacrest Boulevard Legal Description: PARCEL B THAT PART OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF WOOLBRIGHT ROAD WITH THE CENTERLINE OF SEACREST BOULEVARD; THENCE WEST (ASSUMED), ALONG THE SAID CENTERLINE OF WOOLBRIGHT ROAD AND ALONG THE NORTH LINE OF SAID SECTION 33, 664.34 FEET TO THE QUARTER SECTION CORNER ON THE NORTH LINE OF SAID SECTION 33; THENCE CONTINUE WEST, ALONG THE SAID NORTH LINE OF SAID SECTION 33 AND ALONG THE CENTERLINE OF WOOLBRIGHT ROAD, 346.0 FEET; THENCE SOUTH, 40.0 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 129.4 FEET; THENCE WEST, 55.0 FEET; THENCE NORTH 129.4 FEET; THENCE EAST, 55.0 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 0.163 ACRE, MORE OR lESS. PARCEL A THAT PART OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF WOOLBRIGHT ROAD WITH THE CENTERLINE OF SEACREST BOULEVARD; THENCE WEST (ASSUMED), ALONG THE SAID CENTERLINE OF WOOLBRIGHT ROAD AND ALONG THE NORTH LINE OF SAID SECTION 33, 664.34 FEET TO THE QUARTER SECTION CORNER ON THE NORTH LINE OF SAID SECTION 33; THENCE CONTINUE WEST, ALONG THE SAID NORTH LINE OF SAID SECTION 33 AND ALONG THE CENTERLINE OF WOOLBRIGHT ROAD, 355.0 FEET; THENCE SOUTH, 168.0 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH, 92.0 FEET; THENCE WEST, 55.0 FEET; THENCE NORTH, 92.0 FEET; THENCE EAST, 55.0 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 0.116 ACRE, MORE OR LESS. Use: mausoleum expansion Page 2 Boynton Beach Mausoleum File No.: ZNCV 97-012, Ca~ .~u. .:::46 A PUBLIC HEARING before the Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, December 9, 1997 at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. PUBLISH: November 24, 1997 CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 375-6260 PALM BEACH POST S:\projects\Boynton Bch Mausoleum\LGL-CASE246 C: City Manager, City Attorney, Planning, Files NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the Land Development Regulations of said City: Case No.246 Owner: Boynton Beach Mausoleum, Inc. Requested Variance: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5.J.2 to allow a reduction of the minimum side yard setback requirement from 30 feet to 10 feet. Location: 1611 S. Seacrest Boulevard Legal Description: PARCEL B THAT PART OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOllOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF WOOLBRIGHT ROAD WITH THE CENTERLINE OF SEACREST BOULEVARD; THENCE WEST (ASSUMED), ALONG THE SAID CENTERLINE OF WOOLBRIGHT ROAD AND ALONG THE NORTH LINE OF SAID SECTION 33, 664.34 FEET TO THE QUARTER SECTION CORNER ON THE NORTH LINE OF SAID SECTION 33; THENCE CONTINUE WEST, ALONG THE SAID NORTH LINE OF SAID SECTION 33 AND ALONG THE CENTERLINE OF WOOLBRIGHT ROAD, 346.0 FEET; THENCE SOUTH, 40.0 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 129.4 FEET; THENCE WEST, 55.0 FEET; THENCE NORTH 129.4 FEET; THENCE EAST, 55.0 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 0.163 ACRE, MORE OR lESS. PARCEL A THAT PART OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF WOOLBRIGHT ROAD WITH THE CENTERLINE OF SEACREST BOULEVARD; THENCE WEST (ASSUMED), ALONG THE SAID CENTERLINE OF WOOLBRIGHT ROAD AND ALONG THE NORTH LINE OF SAID SECTION 33, 664.34 FEET TO THE QUARTER SECTION CORNER ON THE NORTH LINE OF SAID SECTION 33; THENCE CONTINUE WEST, ALONG THE SAID NORTH LINE OF SAID SECTION 33 AND ALONG THE CENTERLINE OF WOOLBRIGHT ROAD, 355.0 FEET; THENCE SOUTH, 168.0 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH, 92.0 FEET; THENCE WEST, 55.0 FEET; THENCE NORTH, 92.0 FEET; THENCE EAST, 55.0 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 0.116 ACRE, MORE OR LESS. Use: mausoleum expansion Page 2 Boynton Beach Mausoleum File No.: ZNCV 97-012, Case No. 246 A PUBLIC HEARING before the Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, December 9, 1997 at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. PUBLISH: November 24, 1997 CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 375-6260 S:\projects\Boynton Bch Mausoleum\LGL-CASE246 REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: Plannina and Zonina PREPARED BY: Jerzv Lewicki DATE PREPARED November 4, 1997 BRIEF DESCRIPTION OF NOTICE OR AD: Plannina and Development Board Hearina Notice for Case No. 246 (meetina December 9, 1997) Bovnton Beach Mausoleum (zonina code variance from the reauired side setback). SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property owners within 400 feet of propertv (postmarked no later than November 24. 1997), applicant and Director of Plannina and Zonina. NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: November 24, 1997 LAST DATE TO FAX TO NEWSPAPER November 21,1997 at 3:00 P.M. APPROVED BY: ., i. /.., f,; / (Date) (1 ) (Originator) , / -I. / j /,~ f..{.... -; .... /__.. ~ - .... I '" -- (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: S:\projects\Boynton Beach Mausoleum\LGL-Case246 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6,1998 3. Award Bid #020-211-98/CJD "Leasing of Five New and Used Vehicles" to Mears Motor Livery Corporation of Orlando, Florida, in the amount of $2,400 per month for a total yearly cost of $28,800 4. Award Co-Op Anhydrous Ammonia Bid #011-401-98/SP to Tanner Industries, Inc., of Philadelphia, Pennsylvania, in the amount of $5,520 5. Award bid for Cleaning, Sand blasting and Painting of a Steel and Concrete Potable Water Clarification Basin (Infilco Accelator) - Bid #013- 401-98-SP to INCLAN PAINTING CORP., Miami, Florida, in the amount of $34,900. C. Resolutions: 1. Proposed Resolution No. R98-01 Re: Authorizing the Mayor to execute an agreement with Big Beat Productions, Inc., in the amount of $4,050 for the Winter/Spring MTunes in Town" concert series ($3,250) and Black Awareness Day ($800) 2. Proposed Resolution No. R98-02 Re: Authorizing the Mayor to execute an agreement with the non-profit organization, Boynton Beach Kiwanis Club, to sell popcorn, soda beverage and bottled water at the 1998 Boynton Beach G.A.L.A. on March 20, 21, and 22, 1998 3. Proposed Resolution No. R98-03 Re: Authorizing the Mayor to execute an agreement with Morgan Entertainment, Inc., to provide a variety of music entertainment for public recreation and enjoyment during the 1998 G.A.L.A. festival to be held on March 20, 21, and 22, 1998 4. Proposed Resolution No. R98-Q4 Re: Authorizing the Mayor to execute an agreement between the City of Boynton Beach and Derrick Reid of Music for All Occasions, to provide D.J. services at Black Awareness Day 5. Proposed Resolution No. R98-05 Re: Supporting the League of Cities, Inc. 's Constitution Revision Resolution Florida D. Ratification of Planning & Development Board Action: ~1. Request by Canterbury Realty for a variance from the LDRs, Chapter 21 - Signs, Article IV, Section 1.C to allow an increase in the allowable square footage of a wall sign from 150 square feet to 187 square feet at 1301 North Congress Avenue (Merrill Lynch) 1--- // V 2. Boynton Beach Mausoleum, Inc. request for a variance to Chapter 2 - Zoning, Section 5.J.2 of the LDRs to allow a reduction of the minimum side yard setback requirements from 30 feet to 10 feet 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 3. Boynton Beach Development Corporation request to amend Chapter 21 - Signs of the Land Development Regulations, to exclude from the definition of roof signs and roof top signs. signs placed on parapet walls. E. Approval of Bills A copy of the bills is attached to the original set of minutes on file in the City Clerk's Office. F. Approve Task Order #33A submitted by CH2M Hill in the amount of $30,671 for the preparation of detailed site improvement construction drawings for Phase One of the East Water Treatment Plant expansion project. G. Approve the reconstructionlrepair work for the fire property loss at Pioneer Park be performed by ERS, of Pompano Beach, Florida, in the amount of $27,698. H. Approve annual purchase order with Enviroguard Systems, Inc., for landscape maintenance on 1-95 right of-way at the Boynton Beach Boulevard Interchange at a total cost of $16,000 through the end of this fiscal year I. Approve Change Order #18 for John C. Cassidy Air Conditioning for additional work on the first floor of the West Wing in the amount of $46,975 J. Approve Public Works' request to purchase 27 vehicles that include seven (7) Crown Victorias, one (1) 5-10 Blazer, three (3) four-door wagons, five (5) mid- size four-door sedans, four (4) Chevrolet }'2 ton pickup trucks, four (4) GM one- ton pickup trucks, one (1) Ford E150 cargo van, one (1) 1998 Chevrolet extended cargo van, and one (1) GM one-ton HD Chassis Cab. All vehicles, including options, will be purchased from State Contract #070-001-96-1 at a total cost of $483,047 K. Approve proposal from Wynn & Son Environmental Construction, Inc., for the pathway resurfacing at Boynton Beach Memorial Park (Cemetery) for a total cost of $42.365 (piggybacking Palm Beach County Bid #98054) L. Expand Pilot Program for Garbage Carts into an additional neighborhood - Golfview Harbour Motion Commissioner Tillman moved to approve the Consent Agenda as presented. Vice Mayor Titcomb seconded the motion that carried unanimously. V. CITY MANAGER'S REPORT: A. Schedule of workshop meetings with Commission and planning consultants City Manager Willis requested monthly workshops with the Commission and the planning consultants to be scheduled for mid-February, mid-March, mid-April, and mid-May. This will take the final schedule through mid-May rather than May 1st. 6