AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Manager's Office Meeting Dates in to City ManlUter's Office
0 August 19, 1997 August 8, 1997 (noon) ~ October 21,1997 October 10, 1997 (noon)
0 September 2, 1997 August 22, 1997 (noon) 0 November 4,1997 October 24, 1997 (noon)
0 September 16, 1997 September 5, 1997 (noon) 0 November 18, 1997 November 7, 1997 (noon)
0 October 7, 1997 September 26, 1997 (noon) 0 December 2, 1997 November 21, 1997 (noon)
RECOMMENDATION: Please place the request below on the October 21, 1997 City Commission meeting agenda under
Consent. The Planning and Development Board, with a 6-1 vote, recommended denial. For further details pertaining to this
request, see attached Planning and Zoning Memorandum No. 97-502.
EXPLANATION:
PROJECT: Fidelity Federal Bank
AGENT: Kevin McGinley
OWNER 611 Ltd., c/o Dan Goebel, President
LOCA nON: 1501 Corporate Drive (Fidelity Federal Bank)
DESCRIPTION: Request to allow a 5 foot variance from the required setback of 10 feet for a monument sign.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/ A
ALTERNATIVES: N/A
~~wre
City Manager's Signature
Development Services
Department Name
J~-~
Planning and Z ing Direct
J:\SHRDA T A\PLANNING\SHARED\WP\PROJECTS\FIDELI1Y FEDERAL BANK\AGENDA ITEM REQUEST 10-21.DOC
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #97- 502
STAFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
Meeting
Date:
October 14, 1997
Petition:
Case No. 240
File No:
ZNCV 97-006
Location:
1501 Corporate Drive, (Fidelity Federal Bank)
Owner:
611 Ltd, c/o Dan Goebel, President
Project
Name:
Fidelity Federal Bank
Variance
Request:
Variance to Section 5 - Setbacks, Article III of Chapter 21 of the City's Land
Development Regulations is requested to allow a 5 foot variance from the
required setback of 10 feet for a monument sign.
BACKGROUND
The subject property, Fidelity Federal Bank, is located on the southwest corner of
Woolbright Road and Corporate Drive, see Exhibit "A" - Location Map. The property is
zoned C-1, Office and Professional Commercial District. The subject site contains a bank.
There is an existing sign on the property advertising the Fidelity Federal bank. The
location of this sign is along the northern frontage facing Woolbright Road, approximately
85 feet west of the western line of the Corporate Drive right-of-way, see Exhibit "B" -
Survey, The setback of the sign is 5 feet. The sign was constructed on the northern
embankment of a drainage swale. The swale extends from the western driveway to the
property to the decorative entry walls located at the northeast corner of the property, see
Exhibit "C" - Site Plan. The existing drainage swale does not allow the sign to be located
10 feet from the northern property line, as per the issued permit. The sign was adjusted in
the field without the city's approval in a non-conforming location with a setback of
approximately 5 feet. Subsequently, the property owner was cited by the City. Therefore,
the property owner filed a sign variance application was filed with the City, see Exhibit "0"
- Application.
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Page 2
Memorandum No. 97-502
Fidelity Federal - sign variance
Case No. 240 -staff report
The following is a description of the zoning districts and land uses of the properties that
surround the subject property:
North -
Right-of-way of Woolbright Road and farther north is a Racetrac gas
station in the Shoppes of Woolbright peD.
East -
Right-of-way of Corporate Drive and farther east is undeveloped land,
zoned C-3.
West -
Palm Beach Leisureville residential development, zoned R-1AA and
undeveloped land zoned C-1.
South -
Boynton Commerce Park PID.
ANAL YSIS
The City of Boynton Beach Land Development Regulations, Chapter 21 - Signs, Section 5,
Article III, sets out the following requirements for signs setbacks:
"All signs must meet a minimum ten (10) foot setback measured from the property
line to the closest surface of the sign. "
Article II, Section 1,A of Chapter 21 states that the Board may grant sign variances to:
" Allow a setback less than that required under the chapter. "
The existing drainage swale, located just south of the monument sign prevents the sign to
be located with a required setback of 10 feet from the northern property line. Since the
swale extends along the entire frontage of Woolbright Road between the northern
driveway and the southern corner of the property, and contains landscaping and entry
walls, no alternative location for the sign conforming to setback requirements can be
found. These circumstances, according to the petitioner, present a hardship that is further
elaborated in Exhibit "E" - Statement of Special Conditions.
The code states that zoning code variances cannot be approved unless the board finds the
following:
a. That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands, structures
or buildings in the same zoning district.
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Page 3
Memorandum No. 97-502
Fidelity Federal - sign variance
Case No, 240 -staff report
b, That the special conditions and circumstances do not result from the actions of the
applicant.
c. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other lands, buildings, or structures in the
same zoning district,
d. That literal interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same zoning district under the
terms of the ordinance and would work unnecessary and undue hardship on the
applicant.
e. That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building, or structure.
f. That the grant of the variance will be in harmony with the general intent and purpose
of this chapter [ordinance] and that such variance will not be injurious to the area
involved or otherwise detrimental to the public welfare.
Unlike other development applications, the code does not require staff to make a
recommendation regarding whether an applicant meets the above criteria warranting a
variance to the city's ordinance,
If the Planning and Development Board and City Commission will impose conditions of
approval, they will be included in Exhibit "F" - Conditions of Approvals.
xc: Central File
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':";::::::..,iC':'.TICN AC=E?TANC 'iA--.
RECEIVED
~ AFF MEMBER:
FEE PAID:
RECEIPT NUMBER:
CITY OF BOYNTON BEACH
ZONING CODE VARIANCE APPLICATION
SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND
SUBMITTAL DATES:
Please Print (in ink) or Tvpe
Submittal Date:
9-09-97
The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Board to
grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City
pertaining to the property hereinafter described and in support thereof state(s):
Parcel 2
Property involved is described as follows:
Lot(s)
46
Subdivision
126-127
Page or otherwise described as follows:
Plat of Boynton Commerce Center
Block
Plat Book
Property Address
1501 Corporate Drive, Boynton Beach, FL
5-foot variance from required setback for monument sign
Variance requested
The following documents are required to be submitted with this application to form a single package,
!nc8mplete package will not be accepted:
1. Two sealed survevs by a registered surveyor in the State of Florida, not over six (6) months
old, indicating:
A. All property lines
B. North arrow
C. Existing structures and paving
D. Existing elevations
E. Rights-of-way, with elevations
F, Easements on or adjacent to the site
G, Utilities on or adjacent to the site
H, Legal Description
I. N umber of acres to the nearest one-hundredth (1/100) of an acre
J. Location sketch of property
K. Survey~r's Certificate
")
Two site olans properly dimensioned and to scale showing:
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Page 2
Zoning Code Variance Application
A, All proposed structures
B. All existing structures that are to remain on site
C, Setback lines for all structures drawn perpendicular from the property lines to the
closest vertical wall of structures
D, Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties including right~of-way lines for all streets and alleys.
sidewalks, turn lanes and driveways
F, Elevations of the lowest finished floor of all structures on the site
3. Certified list of names and post office addresses of property owners and legal descriptions of
their property within 400 feet of subject property, as recorded in the County Courthouse. Such
list shall be accompanied by an Affidavit (see attached) stating that to the best of the
applicant's knowledge, said list is complete and accurate.
4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an aQent is submittinQ the petition. a notarized copy of a letter desicmatinQ him as
such must accompany the petition.
5. Statement of special conditions. hardships or reasons justifying the requested exception or
variance. Respond to the six (6) questions below (A~F) on a separate sheet (Please print or
type) :
A, That special conditions and circumstances exist which are peculiar to the land. structure
or building involved and which are not applicable to other lands, structures or buildings
in the same zoning district;
B. That the special conditions and circumstances do not result from the actions of the
applicant;
C. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands. buildings or structures in the
same zoning district;
D. That literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms
of the Ordinance and would work unnecessary and undue hardship on the applicant;
E. That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure;
F. That the granting of the variance will be in harmony with the general intent and purpose
of this chapter and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
3. An application fee in the amount of $400.00, payable to the City of Boynton Beach. must
accompany a completed application. The $400.00 application fee covers a request to vary
one (1) section of the Code, Seeking relief from more than one section of the Code will
require payment of $100.00 for each additional Code section.
j'l
; . f-.....
Page 3
Zoning Code Variance Application
7.
611 Ltd. c/o Dan Goebel, President
1501 Corporate Way, Suite 250
Name and address of owner: Boynton Beach, FL 33426
Kevin McGinley, as agent
Name of applicant:
8,
1300 N. Congress Avenue, Suite C, West Palm Beach~ FL
Applicant's address: . 3340:1
Date:
(561) 686-2481
Signature of Applicant: ~ LA, ~
Applicant's phone #:
9-09-97
TO BE COMPLETED BY THE BUILDING OFFICIAL OR REPRESENTATIVE
1.
Property is presently zoned:
PIO
formerly zoned:
2. Property Control Number:
3. Denial was made upon existing zoning or sign requirements (list section(s) of Code from which
relief is required): UAAfirE:e ) \ xm: 1\\ ce c(. ~ ~ ~~I?Aw--"
4. Nature of exception or variance required: ?~bACv Vl\e1ANvf7 Qt= --:> +=",;:;:P--1'
vtUr1
eY.rl of()_...G;')
IO~~
Date: ~F4\ (CJ 'it7
Permit denied - Building Department
YEt?
5.
Case Number:
2-AO
Meeting Date:
ocr .14 '6f ~
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~._._-------
~..._.,_..__._~..~._---_._~--"" -,~-
EXHIBIT "E"
~
II
lftM
LAND RESEARCH MANAGEMENT, INC.
1 300 NORTH CONGRESS AVENUE · SUITE C
WEST PALM BEACH. FLORIDA 33409-63 i 6
TEL: (5611 686-2481 · FAX 684-8709
ZONING & URBAN PLANNING
MARKET RESEARCH & ANALYSIS
:B.TVIRONMENT AL ASSESSMENTS
STATEMENT OF SPECIAL CONDITIONS
A. The existing double-faced monument sign, which is the subject
of the variance request, was installed within the minimum 10-
foot street setback in order to avoid interfering with the
existing drainage swale that extends east-west along the roadway
buffer. Placing the monument sign outside the 10-foot setback
would have resulted in the sign being located deeper wi thin
the slope of the existing swale.
B. The monument sign was not installed to the design
specifications of the property owner. A decision in the field
was made by the sign contractor to locate the sign outside of
the existing drainage swale, thus causing an encroachment of
3 feet into the required 10-foot setback.
C. Approval of the requested variance will not confer on the
applicant any special privilege. The monument sign could be
physically relocated outside the 10-foot required setback, but
doing so would interfere with the existing drainage swale and
constitute a finacial hardship on the applicant.
D. The city zoning code permits the type and size of the
existing monument sign on the subject property. In addition,
commercial centers within the city commonly enjoy the same usage
of monument signs along their property lines. The 10-foot
setback requirement, if strictly enforced in this instance,
would result in an unnecessary and undue hardship on the
applicant by requiring the relocation of a sign that otherwise
conforms to standards established by the city zoning code.
E. The requested variance of 5 feet is the minimum variance
that will make possible the reasonable use of the structure.
F. Granting of the variance will not adversely affect the
general health, safety and welfare of the public nor be injurious
to the area. Furthermore, the requested variance is deemed
consistent wi th the general intent and purpose of the city I s
zoning code and is in harmony with the commercial character
of the area.
, ./'
/ -'-,
EXHIBIT "F"
//;
DEVELOPMENT ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Fidelity Federal Bank
APPLICANT: Kevin McGinley
APPLICANT'S AGENT: Kevin McGinley
APPLICANT'S ADDRESS: 1300 N. Congress Avenue, Suite C, West Palm Beach, FL 33409
DATE OF HEARING BEFORE CITY COMMISSION: October 21,1997
TYPE OF RELIEF SOUGHT: Zoning Code Variance (required setback)
LOCATION OF PROPERTY: 1501 Corporate Drive, Boynton Beach, FL.
DRAWING(S): SEE EXHIBIT "A" 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
L 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 "B" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
--2L DENIED
5, This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7, Other
DATED:
City Clerk
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Guardian Storage\NWSP\DEVELOPMENT ORDER.doc
EXHIBIT "B"
Conditions of Approval
Project name: Fidelity Federal Bank
File number: ZNCV 97-006, Case No. 240
Reference: Zoning Code Variance application dated 9/9/97.
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/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. DENIED. X
ADDITIONAL CITY COMMISSION CONDITIONS
2. NONE. X
TJH:dim
S:\PLANNING\SHARED\WP\PROJECTS\FIDELITY FEDERAL BANK\COND. OF APPROVAL,DOC
LOS.\TION Mt.r
EXHIBIT "A"
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CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
October 21, 1997
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation - Rev. Dr. Randall Gill, First Presbyterian Church
C. Pledge of Allegiance to the Flag led by Vice Mayor Jamie Titcomb
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. ADMINISTRATIVE:
A.
Accept resignation from Janet DeVries, Regular Member, Library Board
B.
Appointments to be made:
Appointment Length of Term
To Be Made Board Exoiration Date
II Bradley Adv. Bd. on Children & Youth Alt 1 yr term to 4/98 TABLED-2
II Bradley Civil Service Board Alt 2 yr term to 4/99 TABLED-2
MayorTaylor Cemetery Board Reg 3 yr term to 4/00 TABLED-2
II Bradley Cemetery Board Alt 1 yr term to 4/98 TABLED-2
\I Bradley Code Enforcement Board Alt 1 yr term to 9/98 T ABLED-2
MayorTaylor Community Relations Board Alt 1 yr term to 4/98 T ABLED-2
III Jaskiewicz Community Relations Board Alt 1 yr term to 4/98 T ABLED-2
II Bradley Community Relations Board Reg 3 yr term to 4/00 T ABLED-1
I Titcomb Community Relations Board Reg 3 yr term to 4/00 T ABLED-2
II Bradley Library Board Alt 1 yr term to 4/98 TABLED-2
III Jaskiewicz Library Board Reg 3 yr term to 4/98 1
II Bradley Recreation & Parks Board Alt 1 yr term to 4/98 TABLED-2
*NOTE:
Indicates Appointment Will Rotate at Next meeting if not filled
III. ANNOUNCEMENTS & PRESENTATIONS:
A. Announcements:
1. Joint City Commission/Chamber of Commerce Workshop Meeting -
Monday, November 10, 1997,6:30 p,m. - Library Program Room
2. City Commission Workshop Meeting for Presentation by City Staff on the
Subject of Utility Billing - Friday, November 7, 1997 at 4:00 p,m. - City
Commission Chambers
- -----,~-_.__.__.._--,.."'-
W-.,
3. TN.T Concert - Friday, October 24, 1997, 5:30 p.m. to 7:30 p.m.
Veteran's Park, Ocean Ave. & N.E. 4th Street - "Legends" - Top 40's
-' ...,
4, Opening of Boynton Beach Green Market - Saturday, October 25, 1997
Veteran's Park, Ocean Ave. & N.E. 4th Street
B. Presentations:
1 . Proclamations:
a. "National Epilepsy Awareness Month" - November, 1997
2. Resolutions:
a. Recognition of City Government Week - October 19 - 25, 1997
IV. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A. Minutes:
1. Regular City Commission Meeting of October 7, 1997
B. Bids - Recommend Approval - All expenditures are approved In the 1997-98
Adopted Budget
1. Approve renewal of an Annual Contract for Janitorial Services for the East
Water Treatment Plant, Administration Building - 124 E. Woolbright Road
and West Water Treatment Plant with R.E.S.P.E.C.T of Florida, in the
amount of $24,412,14 (Proposed Resolution No. R97- )
2. Approve annual contract for delivered refreshments (Latchkey Afterschool
Program) from Sandra L Stroke in the amount of $12,213.00
3. Approve 1 year extension to annual contract for automotive parts/supplies to
S & H Distributors, Inc" Genuine Parts Company, and The Parts House with
a budgeted amount of $250,000
4. Approve two year contract for the printing of FunFare Magazine to Tiger-Tale
Publications in the amount of $20,440
5. Approve 1 year extension to annual contract for G.A.L.A. concessions to San
Francisco Puffs & Stuff, Inc. (Proposed Resolution No. R97- )
C. Resolutions:
1, Proposed Resolution No. R97 - Re: Authorizing the Mayor and City
Clerk to execute an agreement between the City of Boynton Beach and The
2
Bureau of Justice, Local Law Enforcement Block Grants Program to accept a
grant in the amount of $174,170 (Grant No, 96LBVX1934)
2. Proposed Resolution No. R97 - Re: Authorizing the Mayor and City
Clerk to execute an agreement between the City of Boynton Beach and the
United States Department of Justice, Office of Community-Oriented Policing
Service to accept a grant in the amount of $60,567
3. Proposed Resolution No. R97- Re: Accepting the expansion of
membership of the Metropolitan Planning Organization (MPO) to include an
additional voting representative for Palm Beach County and authorizing and
directing the Mayor and City Clerk to execute an interlocal agreement
creating the MPO and identifying the membership
4. Proposed Resolution No. R97 - Re: Authorizing the Mayor and City
Clerk to execute an agreement between the City of Boynton Beach and
James Denson Godwin, M,D., providing for independent contractor services
as the Emergency Medical Services Director for the City of Boynton Beach
5. Proposed Resolution No. R97- Re: Authorizing the Mayor and City
Clerk to execute a contract between the City of Boynton Beach and Palm
Beach Community College enabling paramedic students to ride with Boynton
Beach Fire-Rescue
6. Proposed Resolution No, R97 - Re: Authorizing work authorization
No, 4 with Camp Dresser & McKee, Inc. for design, permitting, bidding
services and survey of downtown storm water project, Phase I including
discharge well, in the amount of $460,751
D. Ratification of Planning & Development Board Action:
1. New Site Plan for Guardian Storage
2, Zoning Code Variance for Fidelity Federal Bank
E. Approval of Bills
F. Approve Records Disposition Requests Nos. 338, 339, 340 and 11 submitted by the
Finance Department, Parks Division, City Clerk's Office, and Police Dept.
G. Approve renewal of insurance program with Florida League of Cities/Florida
Municipal Insurance Trust (FLC/FMIT) for the 1997/98 Fiscal Year at the annual
premium rate of $416,840
H. Consider petition by Sarah B. Kerr for a Certificate of Public Convenience and
Necessity for a taxillimousine service
I. Notification of Environmental Burn Planned at Hills at Lake Eden (South of St.
Joseph's School)
V. CITY MANAGER'S REPORT:
A. Update on Round 2 on County Economic Development Grant Program
3
...~ ..-
B. Annexation Cost/Benefit Analysis and Phasing Study Results
VI. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS
VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
None
VIII. BIDS:
None
IX. DEVELOPMENT PLANS:
None
X. NEW BUSINESS:
A. Zoning-in-Progress Ordinance
XI. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No, 097-49 Re: Adopting the Early Retirement
Incentive Program
B. Ordinances - 151 Reading:
1.
Proposed Ordinance No. 097-
Rezoning
Re: Woolbright Medical Offices
C. Resolutions:
None
D. Other:
1. Consider approval of $10,000 settlement Re: Bernice Garfinkel v, City of
Boynton Beach
2. Schedule Executive Session for contract regarding bargaining negotiations
3. City Attorney review of elements of Newsrack Ordinance
XII. UNFINISHED BUSINESS:
None
4
CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD MEETING
AGENDA
DATE: Tuesday, October 14, 1997
TIME: 7:00 P.M,
PLACE: Commission Chambers
100 E. Boynton Beach Boulevard
Boynton Beach, Florida
1, Pledge of Allegiance.
2, Introduction of Mayor, Commissioners and Board Members,
3. Agenda Approval.
4. Approval of Minutes,
5, Communications and Announcements.
A. Report from the Planning and Zoning Department
1) Final disposition of last meeting's agenda items.
B. Filing of Quarterly Report for Site Plan Waivers and Minor Site Plan Modifications.
6, Old Business:
None
7. New Business:
A. PUBLIC HEARING
Zoninq Code Variance
1,
PROJECT:
Fidelity Federal Bank
AGENT:
Kevin McGinley
OWNER:
611 Ltd" c/o Dan Goebel, President
Page 2
Planning and Development Board Meeting
Agenda,
LOCATION:
1501 Corporate Drive (Fidelity Federal Bank)
DESCRIPTION:
Request to allow a 5 foot variance from the required setback
of 10 feet for a monument sign.
B. SITE PLANS
New Site Plan
1.
PROJECT:
Guardian Storage
AGENT:
Gregory Miklos
OWNER:
William H. Baker, clo William F. Kouch, Jr.
LOCATION:
Northeast corner of Congress Avenue and S.W. 35th Avenue
DESCRIPTION:
Request for site plan approval to construct a 77,622 square
foot mini-warehouse complex on a 3.78 acre parcel of land.
8. Comments by members
9, Adjournment
NOTICE
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 PROCEEDING IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.
286,0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN
INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF
A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561)
375-6013 AT LEAST 1WENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO
REASONABLE ACCOMMODATE YOUR REQUEST,
xc: Central File
J:\SHRDA TA\PLANNING\SHARED\WP\AGENDAS\P&D\1 Q-14.DOC
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r-HNUTES
BOARD OF ADJUST:'.1EliT
SE:t:T=>J3t:R 27, 1976
PAGZ FIVE
Mr. Ampol informed Hr. Trester that the Board's next meeting
would be on October 25. Mr. Howell asked if Mr. Trester
would have to come back if they determined the lot faced on
2nd street and Chairman Aranow replied that ~~. Howell could
inform the Board of this and the application could be with-
drawn.
Parcel ~1 - Lots 1 thru 21 and Lots 38 thru 41
Block 3, Boynton Heights Rev. Plat
Recorded in Plat Book 10, Page 64
Palm Beach County Records
Req~est - Relief from 40 ft. setback
requirement on Seacrest Blvd. to
23 ft. 7 in. setback to conform to
existing building line
Improvement - Addition to existing building
Applicant - First United ~ethodist Church
Address - 101 N. Seacrest Blvd.
Mr. Gordon read the above application and advised it was re-
quested to ma.ke an addition to the present building to make
it more functional without going beyond the building line
which is non-conforming by the latest zoning requirements.
~T. Robert Alan Black stated his na~e and his address as 115
N. Federal Highway and advised that he was the architect re-
presenting First United Methodist Church. He presented an
engineering survey to the Board. Mr. Black then ex~lained a
colored plan and pointed out that the 23 ft. 7 in. setback
referred to the northeast corner of the building. Chairman
Aranow questioned the actual distance and Mr. Black replied
that from the closest point, it would be 25 ft.
Chairman Aranow questioned plans to widen Seacrest Blvd. and
Mr. Howell informed him that according to the County engineer-
ing drawings, when Seacrest is widened, it will encroach 7 ft.
on this property.
Mr. Black continued and advised that this building has been
here for over 30 years and they are asking to comply with the
line which exists. All the parking is in the rear. It is
a historic building. They only want to mal:e it functional.
It will match the character of the existing bUilding.
~~. Bailey asked if he could get the permit if the corner
was 25 ft. from the road and ~~. Black replied that it must
be 40 ft. He added that the setback was changed to 40 ft.
in 1975. They are not going to infringe upon it any more
than already. If the County was going to take the bUilding,
they would not even consider this.
MINUTES
BOARD OF ADJUSTj{SNT
S~FT~~ffiER 27, 1976
:;:AGE SIX
Mr. Rutter as~:ed wh3.t tne wi.dth Df Seacrest would eventually
be and Mr. Howell replied: 30 ft. >Ir. Rutter questioned if
it would be hazardous and >T. Howell referred to them not
extending and eXflained how he did not thinJc tnere Vlould be
a vision problem. Chairman AranoVl clarif:ed that this addi-
tion would not shorten the dista~ce from Seacrest as the
bUilding now exists ar:.d '.Ir. Blacl'>. agroed. Hr. 'Nard asLed
v:hich side was non-conforming and >lr. Howell infor:::ed him
it was the northeast corner, but the addition is going on
the southeast corner.
Chairman Aranow then gave the two plans to ~'irs. Fruse to give
to Mrs. Padgett. He thenasl.:ed if anyone desired tD speak
for or against this application and the following people ap-
reared in favor:
Mrs. J. G. Dresser
2083 s. W. 13th Avenue
Brs. Lavett
2508 N. Lake Drive
Mrs. June Corbett
10164 - 42nd Way South
Mr. & }TS. Harold Whitlock
306 S. Circle Drive
Mr. & Mrs. Ha_tin Haven
1807 S. w. 5th Avenue
r~. & ~~s. George Yelley
1100 S. Federal Highway
Mr. & Mrs. Robert Strand
124 S. W. 10th Street
Mr. John Hawken
112 S. E. 8th Ave.
Mr. & Mrs. Lou Farrell
1803 S. w. 5th Avenue
Mr. Thurman Pritchard
3440 Ocean Parkway
Mrs. Helen Neibel
S. W. 28th Ave.
Mrs. Shaker
1801 Ocean Drive
j~. John Lockin
112 S. E. 8th Ave.
Rev. & ~~s. James Roy
200 E. Ocean Ave.
Harvey Oyer, Jr.
717 N. E. 10th Ave.
MINUTES
BOARD OF ADJUSTHENT
S-::-FTE!m~R 27, 1976
PAGE SEVEl'J
Rev. JaT.es S?I1ith
301 S. W. 2nd st.
Mr. Weber
151 Ocean Court
)T. \~!ard made a ~:!otion to grant the v3Tiance, seconded by
:,:r. Gordon. r;o discussion. r"1rs. Fruse took a roll call
vote on the motion as follows:
~:r. 50eltz - Aye
?'lr. Bailey - Aye
Hr. Ward - Aye
~1r. Thompson - Aye
Xr. Ampol - Aye
~rr. Gordon - Aye
Chairman ~ranow - Aye
>:otion carried 7-0.
Chairman Aranow then declared a five minute recess. He
called the meeting back to order at 3:10 P. ~.
OLL ~rSINESS (Continued)
st. Cuthbert's Episcopal Church
214 N. E. 10th Avenue
'.Ir. ThoT.1Json step.:::;ed down as a voting me~.1ber and Pll'. Caravetta
took his place.
y~. Gordon read this application heard on November 4, 1974.
Chairman Aranow advised that a question had been raised
about the parking and he read the minutes from this me8ting
when ~1r. Healy made a statement with reference to the park-
ing, but ~ointed out that the actual motion was to approve
the application. He stated that as far as he is concerned,
when this appeared before the Board of Adjustment on Novem-
ber 4, 1974, the variance was granted without any conditions
of any kind and a side remark by Mr. Healy did not impose any
conditions. This is what he ascertains from reading the
minutes.
Yll'. Rutter questioned why it was before the Board of Adjust-
ment now and Chairman Aranow informed him there had been a
question raised regarding the parking and probably because
of this statement. However, as far as he is concerned, it
is not part of the motion. ~~. Howell added that he just
wanted clarification. There was some discussion.
Mr. Ampol moved to abide by the decision made in 1974 by the
previous Board of Adjustment that a variance has been granted.
~r. Ward seconded the motion. ~ll's. Fruse took a roll call
vote as follows:
MINUTES
BOArtD OF ADJUS T:<:r~I'T
S~~F"::E>3~R 27, 1976
?l~GE EIGIIT
Mr. Boeltz - Aye
~1r. 5ailey - Aye
~tr. Ward - Aye
~~. Thomrson - Aye
~r. Ampol - Aye
r'!r. Gordon - Aye
Chairnan ~ranow - Aye
?:otion carried 7-0.
Chairman Aranow clarifi8d that in case there was any ques-
tion, they have taken into consideration what was discussed
on the question of parYing and the variance was granted with-
out any ter~s whatsoever. ~~. Howell referred to the dimen-
sions given of the structure on the a~plication and asked if
he could abide b.-.- that and Hr. Thompson replied that nothing
had changed. Chairman Aranow then gave the plan to Mrs.
Yruse to return to Mrs. Padgett.
OTHER BUSINESS
Chairman ~ranow referred to a letter dated September 21 from
the City Attorney to >!r. rohl, City Manager, and ascertained
that every me~ber had received a copy. He then stated he
would like to discuss it. He asked if he was correct that
according to this letter, the rule of the Josephson Case
still remains the law insofar as the City of B~ynton Beach
and the Soard of Adjustment and Mr. S~odish agreed this was
their opinion. Mr. Bailey agreed that this letter answered
his question and added that he believed the minutes were mis-
construed and his motion was to have a ruling.
Chairman Aranow asked if there were any questions regarding
use variances and Mr. Thompson referred to the disturbing
question in M~. Nutter's case being that he ap;lied to the
Planning & Zoning Board the following night after the Board
of Adjustment meeting. The Planning & Zoning Board then
made this change as requested in a certain zone. He under-
stands that the legal opinion is that they have the right to
do this. This was discussed further.
Chairman Aranow then referred to the procedure of submitting
the plans to the Planning & Zoning Board and to the City
Council for approval and questioned how someone got the
authority to go back to the Planning & Zoning Board? The
actual procedure was discussed further.
Chairman Aranow referred to how this change actually down-
graded the City by permitting manufacturing in the C-4 zone.
~~. Howell explained how the City was fairly limited in the
M-1 zones and had an over-abundance of C-4 zones and the
City Planner and Planning & Zoning Board were trying to
change some uses to get a proper looking City.
MINUTES
BOARD OF ADJUS T:'SrT
Sl::l-'TElm.:~R 27, 1976
PAGE ;.; Il~:C:
Y'x. Boeltz referred to hov: Vi!'. Nutter v;e:J.t from 'Soard to
Board and Mr. Howell exnlained that he was trying to exhaust
all the Boards a~d he believes his aDDl~cation was made to
the ?lanning & Zoning B02rd before coming to the Board of
Adjustment. ?1r. 30eltz d".sagre:_d a~d referred to ':;r. Nutter
me~tioningthat he had been turned down by the Flanning &
Zoning :Soard a~d was referred to the Board of Adjust~ent
and then went bac~: to the ?lanning g( Zoning Board.
With reference to grantiilg use vari9.ilces, Hr. Howell referred
to the Board of Adjustment being able to do this and read
Page 4~i, Paragraph C. Chairman Aranow disagreed and stated
that every exception was tal.:en out upon which the Board could
pass. ~tr. Howell adced that these would not come before the
Board any more based on the City Attorney's recent ruling.
Mr. Smodish clarified that he was called on the day this
Board met regarding their acting on a use variance and his
statement was that the Board could act based on what the
zoning ordinance book stated. However, since a question was
raised, he has researched it and it is a ~atter of interpre-
ta tion. ~,rr. Howell added that the book must be changed.
Chairman Aranow questioned again where the authority came for
an applicant to go back before the Planning & Zoning Board.
He referred to buildings being built different than plans
and gave Village Royale on the Green and some other houses
as examples. There was further discussion and ~~. Howell
advised that they must pr0ve the builder willfully violated
the laws. He also explained the present plan check system
and how they hoped to eliminate problems such as these.
~i!r. Ward then referred to the five cases talren away from
the 'Soard over a year ago and permits were issued admini-
stratively. Mr. Howell replied that he had researched these
and these five people should not have come before this Board,
as the Planning & Zoning Board changed the zoning regulations.
He explained how they could not deny a man the right to build
on his property as long as the original zoning allowed it and
the present setbacks were met.
Mr. Ward referred to the Dekker application and how the Board
had turned down his application for a duplex, but he built a
single family house after the zoning was changed. Mr.
Howell replied that he was not familiar with this and clar-
ified further how the law applied.
Chairman Aranow requested Mr. Smodish to send him a photo-
static copy of the case cited in his letter.
Chairman Aranow clarified that it had been ruled that the
Board of Adjustment does not have the right to change use.
~INUTES
BOARD OF ADJUST!"1ENT
s:~ 1. T-S~-J3ER 27, 1 976
PAGE TEN
Mr. Ward asl-ed if they were operating fully und8r state Statute
Chapter 1631 They discussed how they were operating under
the City Ordinance and the State Statute. ;'1r. lj'lard referred
to the statute stating that this 50ard will act with the
Planning & Zonir..g Board on s.:.ecial exce;.tions a:_d ;.:r. Smodish
replied that this was not ~n the code. There ~as further
discussion reg~rding the o;eraticn per the code and Statute.
Chairman Aranow then referred to pro~osed Ordinances 76-46
ar.d 76-47 and questioned how they applied to the Board of
Adjust>ncnt? Mr. S;;lodish replied that there v:as not any
reference to the Board -f Adjustment, but that t~ese ~er-
tained only to the Planning & Zoning Soard and City Council
regarding exceptions. Mr. Howell agreed they did not have
anything to do with the Board of Adjust~ent and explained
how the City Planner was trying to get so~e control of con-
ditional uses in the C-4 zone. Chairman Aranow questioned
whether these ordinances were trying to modify the Jose~hson
Case and ~~. Howell explained how they were concerned with
certain C-4 areas and trying to obtain some control. Chair-
man Aranow replied that po~sibly the Board of Adjustment is
not needed and >1r. 30well disagreed.
Chairman Aranow then suggested changing the zoning law and
refc:rred again to how he felt it was being downgraded. They
discussed further the VeL ious zones and permi tted uses.
Chairman Aranow then announced that he has been considering
handing in his re~ignation as Chairman of the two ad-hoc
committees. He referred to the Planning & Zoning Board not
getting together with the Board of Adjustment and the Council's
Ad-Hoc Committee not having any power. }1r. A~pol questioned
the problem and Chairman Aranow explained how they had been
fromised certain rights and powers. He further explained how
they were not getting the cooperation they had been promised.
Mr. Smodish then advised that Mr. Reed had asl-ed him to in-
form the Board that he was in the process of revising the
Board of Adjustment section and he would like input from the
Board whether they want or should have the power to grant
use v~1ances per the Clark Case. Chairman Aranow requested
that he give a copy of this case to Mrs. Padgett and request
that a copy be given to each member of the Board and Hr. Howell
together with a cover letter from him and they will review it.
Adjournment
t~. Ampol moved to adjourn, seconded by Mr. Boeltz. Mr.
Boeltz also thanked the attorney for being present. Motion
carried 7-0 and the meeting was properly adjourned at 9:25 P.X.
l/ l~
UuJa./7{/~ ,0-~
Suzanne Yruse, Recording
(Three Tapes)
Secretary
MEETING MINUTES
REGUL-.\R CITY COMMk .AON
BOYNTON BEACH, FLORIDA
OCTOBER 21, 1997
5, Approve 1-year extension to annual contract for G.A.L.A. concessions to
San Francisco Puffs & Stuff, Inc. (Proposed Resolution No. R97-175)
Mayor Taylor removed Item IV-8.5 from the Consent Agenda for discussion.
C. Resolutions:
1 , Proposed Resolution No. R97 -176 Re: Authorizing the Mayor and
City Clerk to execute an agreement between the City of Boynton Beach
and The Bureau of Justice, Local Law Enforcement Block Grants
Program to accept a grant in the amount of $174,170 (Grant No.
96LBVX1934)
2. Proposed Resolution No. R97-177 Re: Authorizing the Mayor and
City Clerk to execute an agreement between the City of Boynton Beach
and the United States Department of Justice, Office of Community-
Oriented Policing Service to accept a grant in the amount of $60,567
3, Proposed Resolution No. R97 -178 Re: Accepting the expansion of
membership of the Metropolitan Planning Organization (MPO) to include
an additional voting representative for Palm Beach County and
authorizing and directing the Mayor and City Clerk to execute an
interlocal agreement creating the MPO and identifying the membership
4. Proposed Resolution No. R97-179 Re: Authorizing the Mayor and
City Clerk to execute an agreement between the City of Boynton Beach
and James Denson Godwin, M.D., providing for independent contractor
services as the Emergency Medical Services Director for the City of
Boynton Beach
5. Proposed Resolution No. R97-180 Re: Authorizing the Mayor and
City Clerk to execute a contract between the City of Boynton Beach and
Palm Beach Community College enabling paramedic students to ride with
Boynton Beach Fire-Rescue
6. Proposed Resolution No. R97 -181 Re: Authorizing work
authorization No. 4 with Camp Dresser & McKee, Inc. for design,
permitting, bidding services and survey of downtown storm water project,
Phase I including discharge well, in the amount of $460,751
Commissioner Bradley removed Consent Agenda Item IV-C.6 for the purpose of hearing a
presentation by Camp Dresser & McKee, Inc.
~.
D.
Ratification of Planning & Development Board Action:
1. New Site Plan for Guardian Storage
2. Zoning Code Variance for Fidelity Federal Bank
Mayor Taylor removed Item IV-D.2 from the Consent Agenda for discussion.
8
MEETING MINUTES
REGULAR CITY COMMt .ON
BOYNTON BEACH, FLORIDA
OCTOBER 21, 1997
E. Approval of Bills
F. Approve Records Disposition Requests Nos. 338. 339. 340 and 11 submitted by
the Finance Department, Parks Division. City Clerk's Office, and Police Oept.
G. Approve renewal of insurance program with Florida League of Cities/Florida
Municipal Insurance Trust (FLC/FMIT) for the 1997/98 Fiscal Year at the annual
premium rate of $416,840
H. Consider petition by Sarah B. Kerr for a Certificate of Public Convenience and
Necessity for a taxi/limousine service
Commissioner Jaskiewicz removed Item IV-H from the Consent Agenda for discussion.
I. Notification of Environmental 8um Planned at Hills at Lake Eden (South of St.
Joseph's School)
Motion
Commissioner Tillman moved to approve the Consent Agenda with the exception of Items 8.5,
C.6, 0.2, and "H". Commissioner Jaskiewicz seconded the motion that carried unanimously.
CONSENT AGENDA ITEM B.S.
Approve i-year extension to annual contract for G.A.L.A.
concessions to San Francisco Puffs & Stuff, Inc. (Proposed
Resolution No. R97-175)
Mayor Taylor recalled that he received inquiries or complaints last year about concessions that
can and cannot participate in G.AL.A He questioned whether the City relinquishes the right to
make that decision by giving the contract to San Francisco Puffs & Stuff, Inc.
.'
Charles Frederick, Recreation & Park Director, said the contract requires that San Francisco
Puffs & Stuff, Inc. provide 10 to 15 professional vending operations and 5 to 10 nonprofit
concession operations. The City has the final say as to what they provide in terms of the
concession operation.
Mayor Taylor questioned whether a private hot dog vendor would be allowed to participate. Mr.
Frederick stated that San Francisco Puffs & Stuff has the right to determine the private vendors.
The City approves the type of food sold, and we make sure there is no duplication of products.
We submit a list of nonprofit groups that want to participate, and approve those groups.
Mayor Taylor said another complaint he received dealt with serving Coca-Cola. Mr. Frederick
said the Kiwanis Club has the exclusive rights to the sale of soda beverages. Other
con"'cessionaires can sell iced tea, lemonade. coffee. etc.
Mayor Taylor questioned whether there are more requests for concessions than room available.
He pointed out that a food and beverage concession pays the' highest fee for participation in
G.AL.A He wondered if that participation is limited to a certain number.
9
.. .._-,--------~_..---_._~_._.__._.._._- _..~
MEETING MINUTES
REGULAR CITY COMMIS~..JN
BOYNTON BEACH, FLORIDA
OCTOBER 21, 1997
Mr. Frederick explained that we have not had an over-demand for nonprofit groups wanting to
participate in the last few years. We would have been able to accept more requests. There is a
limit to a certain degree because of the limited space available. We charge very minimal rates
to non-profits. San Francisco Puffs & Stuff is the private operation. We receive 31% of the
gross. We determine and approve the products they are selling.
Mayor Taylor pointed out that in the City of Delray Beach, the more concessions they allow, the
more money they make. However, Mr. Frederick explained that we net $10,000 to $1 ~,000
from the 31 % of gross we receive, In the past, we ran the concessions ourselves. It is a~;great
deal more work, and the records will confirm that more money is generated by letting this
through a private contractor.
Commissioner Bradley questioned whether there were any complaints about unauthorized
vendors. Mr. Frederick said this is a situation that sometimes arises, but the situation is dealt
with by attempting to shut down the operation.
Mayor Taylor thanked Mr. Frederick his work on this event. However, he feels this is an event
that should be handled by the Chamber of Commerce.
Motion
Commissioner Jaskiewicz moved to approve Item IV-B.S. Commissioner Bradley seconded the
motion that carried unanimously.
CONSENT AGENDA ITEM IV.D.2
Ratification of Planning & Development Board Action:
Zoning Code Variance for Fidelity Federal Bank
Mayor Taylor reported this item was denied by the Planning & Development Board on a 6-1
vote. One of the bank officials requested this opportunity to present additional information.
Kevin McGinley, representing Fidelity Federal, said one of the Planning & Development Board
members felt allowing the existing monument sign to stay within 5 feet of a 1 a-foot setback
would increase the City's liability with respect to any vehicular accident. Mr. McGinley said
there are telephone poles closer to the property line than the monument sign. The applicant
has met the burden of hardship on all of the special conditions required for a variance. He
requested the Commission reconsider whether or not this is the basis for denial of a variance.
Attorney Cherot was ot the opinion that the liability is not greater in this circumstance than it is in
another other circumstance. However, he pointed out that he was unable to determine from the
Planning & Development Board meeting minutes whether that was their reason for denial.
Mayor Taylor asked for clarification on how this sign was originally placed in this location.
"
Mr. ~Ginley explained that there is a drainage swale on the south side of the sidewalk. There
is a very steep slope. The original plan that was approved by the property owner was to set the
. sign at 1 Q'. When the sign contractor went into the field, he noticed the steep swale and
realized he did not have the equipment necessary or the authorlty to go inside the drainage
swale. He put the sign on top of the berm. This sign has been in place for approximately one
year.
10
- MEETING MINUTES
REGULAR CITY COMM, ION
BOYNTON BEACH, FLORIDA
OCTOBER 21, 1997
Ms. Heyden confirmed that there is no room to move the sign because the catch basin is right
up against the base of the monument sign. If the sign is moved back, it will block drainage to
the swale. The only alte~native would be to remove the sign.
Commissioner Jaskiewicz questioned whether this situation had been exacerbated because of
the widening of Woolbright Road.
Mr. McGinley explained that the widening of Woolbright Road took place prior to installation of
the sign. However, the widening has affected this parcel because there was more property
available.
Motion
Commissioner Bradley moved to rescind the diredion of the Planning & Development Board
and reverse the decision in order to GRANT the variance. Commissioner Jaskiewicz seconded
the motion. __ _
Commissioner Bradley asked Attorney Cherof whether we could get something from the
property owner that would minimize the City's liability. Attorney Cherof responded negatively.
The motion carried unanimously.
CONSENT AGENDA ITEM IV.H.
Consider petition by Sarah B. Kerr for a Certificate of Public
Convenience and Necessity for a taxUllmouslne service
Commissioner Jaskiewicz would like clarification with respect to the dispatch location of these
vehicles.
Sarah Kerr and Jeff Weidenneyer explained that there are three vehicJes parked at three
different locations. Only one car is parked at the residential address in a multi-family complex.
The vehicle will be parked off-street. There has been no objection from anyone in the complex.
Motion
Commissioner Jaskiewicz moved to approve Item MH-. Commissioner Tillman seco~ded the
motion that carried unanimously.
It.
CONSENT AGENDA ITEM IV-C.6 .
Proposed Resolution No. R97. Re: Authorizing work
authorization No. " with Camp Dress.,. & McKee, Inc. for design,
permitting, bidding services and survey of downtown storm water
project, Phase / including discharge well, In the amount of $460,751
John Guidry. Utilities Director, introduced Mike Schmidt of Camp Dresser & McKee, Inc.
The City's downtown watershed includes the Central Business District around U.S. #1 bounded
by NE 1 Qlh Avenue to the north, SE 5th Avenue and Seacrest to the west. It includes almost all
II