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LEGAL APPROVAL CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ORDER In Re: The application of Tony Harvey, Agent for HARVEY'S RESTAURANT This matter came before the City Commission of the City of Boynton Beach, Florida on Tuesday, November 16, 1993, requesting approval of a variance to Section 5-142(i)(1), Article X of the Code of Ordinances of the City of Boynton Beach, Parking Lot Layout. The applicant is requesting relief from the minimum 27 feet required for access aisles (back-up width) for the 90 degree parking space layout proposed. The Board having heard the recommendation of city administrative staff finds the following: 1. The Board finds that requirements for a (UbliC hearing have been met. 2. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of land or structure. 3. That the granting of the variance will be in harmony with the general intent and purpose of this article, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. ACCORDINGLY, IT IS ORDERED that the applicant's request for variance to Section S-142(i)(1) is granted subject to staff comments attached hereto and made a part hereof. DATED: /2 - 8 - 93 BY: ATTEST: ~~ City Clerk ( M) ,/ .J>.;. OFFICE OF THE CITY CLERK MEMORANDUM TO: Ms. Tambri Heyden Acting Planning & Zoning Director DATE: October 15, 1993 FROM: Sue Kruse City Clerk RE: Planning & Development Board Mtg. of November 9, 1993 Attached please find copies of the Notices of Hearings for the Parking Lot Variance applications filed by 1) Checkers Drive-In Restaurant, 2) Tony Harvey Restaurant and 3) Super City Discount Food & Beverage. These applications are scheduled for the November 9, 1993 Planning & Development Board meeting. The Notices will be advertised in the Boynton Beach News on Thursday, October 28, 1993. ~-"~ ~<JJ' .; SK:s1b attachment cc: City Manager m I 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 eight (8) working days prior to the first pUblishing date requested below. ORIGINATING DEPARTMENT: PLANNING AND ZONING DEPARTMENT PREPARED BY: MICHAEL HAAG DATE PREPARED: 10/12/93 BRIEF DESCRIPTION OF NOTICE OR AD: Parkina Lot Variances for - Tony Harvey - November 9, 1993 Planning and Development Heeting. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) standard Legal Ad SEND COPIES OF AD TO: Newspaper and applicant NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk. DATE(S) TO BE PUBLISHED: To be determined by City Clerk. APPROV~Y: (1) ~~~~~~ (DepartIne Hea / oj; .;;, /q 3 ( ( Date) ( 2 ) (City Attorney) (Date) ( 3 ) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: bh-5/91 LEGALNOT.DOC NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the planning & Development Board of the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:00 P,M, on Tuesday, November 9, 1993, at City Hall Commission Chambers, 100 East Boynton Beach Blvd., Boynton Beach, to consider an application for a PARKING LOT VARIANCE on the following described property: Applicant: Tony Harvey Owner: Same Legal Description: Lots 6 and 7, Block 1, Frank Webber Addition, less the south 10 feet thereof for road right-of-way, as recorded in Plat Book 9, Page 3 Public Records of Palm Beach County, Florida, Location: 119 Martin Luther King Boulevard Variances Requested: Article x-parking Lots Required Improvements, Section 5-142 (i) (1) Parking Lot Layout, Parking Lots shall be designed to meet or exceed the dimensional requirements for stalls, driveways, and access aisles as provided for in City standards, Nature of variance Requested: The request is to reduce the required 27 feet back-up dimension for 90 degree parking spaces to a minimum of 23,91 feet, The request is in connection with proposed upgrading of the existing site for a restaurant, Use: Restaurant, All interested parties are notified to appear at said hearings in person or by attorney and be heard, Any person who decides to appeal any decision of the Planning & Development Board or City Commission 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, SUZANNE M, KRUSE, CITY CLERK CITY OF BOYNTON BEACH A:PH-HARVY,JM