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LEGAL APPROVAL ~~. , -------- ,.. - DEVELOPMENT ORDER JF BOYNTON BEACH, FLO~ ~ ~ PROJECT NAME: Merrill Lynch APPLICANT: Canterbury Realty APPLICANT'S AGENT: Electromedia, Inc. APPLICANT'S ADDRESS: 2920 N.W. 2nd Avenue #1, Boca Raton, Florida 33431 DATE OF HEARING BEFORE CITY COMMISSION: January 6,1998 TYPE OF RELIEF SOUGHT: Zoning Code Variance (sign size) LOCATION OF PROPERTY: 1301 N. Congress Avenue 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 -2L 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: ~~~d.~ fi' /PPB V r ~1~~--'~~~ City Clerk \\\\\\\\ 111I111/11/1 ~,\\ 0-( NTO", 111/// ~ <b ....... ~ ~ ~ J ,"~OA.4~. ~ ~ - '1 ~:. "Y ~ ~.. ~.. C'> ~ ::).: \-:: =1-1 :~:: %O~920 j ~ ~, S ~ ~ ~ ~*" ~LO"\O ~"~ '1111"""1 l\\\\\\\'\ J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Merrill Lynch\zNCV\DEVELOPMENT ORDER.doc . EXIDBIT "B" Conditions of Aooroval Project name: Merrill Lynch File number: ZNCV 97-011, Case No. 245 (sign size) Reference: Aoolication with a October 30. 1997 date. File # ZNCV 97-011. Case No. 245. DEP ARTMENTS 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 request. X ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. N'CAlc /' Ibme I\SHRDATAIPLANNINGlSHARED\WP\PROJECTS\MEJUULL L YNCH\ZNCV\COND. OF APPROVAL.DOC NOTICE OF PUBLIC HEARING , [ @ ~ G W1CF~:\ II II II I lJ j e WJA~N\~lAN' 1 NOTICE IS HEREBY GIVEN that the following application has been made DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a h and pursuant to the provisions of the Land Development Regulations of said City: Case No.245 Owner: Requested Variance: Location: Legal Description: Use: Canterbury Realty Request for a variance from the City of Boynton Beach Land Development Regulations, 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. 1301 N. Congress Avenue PARENT TRACT: A parcel of land in Section 19 Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commence at the Southeast corner of said section 19 thence North 00059'39" West along the East line of said Section 19, a distance of 1,242.20 feet; thence North 89046'34" West a distance of 50.01 feet to a point on the West right-of-way line of Congress Ave (State Road 807); thence North 00059'39" West along said West right-of-way line, a distance of 2,145.01 feet; thence South 88005'26" West a distance of 10.00 feet to the POINT OF BEGINNING; thence North 00059'39" West a distance of 257.50 feet; thence South 88005'26" West a distance of 291.87 feet; thence South 00059'39" East a distance of 62.67 feet; thence South 88005'26" West a distance of 37.00 feet; thence South 00059'39" East a distance of 194,83 feet; thence North 88005'26" East a distance of 328.87 feet to the said POINT OF BEGINNING. LEASE PARCEL A parcel located in Section 19, Township 45 South, Range 43 East, Palm Beach County, and being more particularly described as follows: Commence at the Southeast corner of said Section 19, thence. North 00059'39" West, along the East line of said section 19, for 1,242.20 feet; thence North 89046'34" West for 50.01 feet; thence North 00059'39" West, along the West right-of-way line of Congress Ave (State Road 807) for 2,145.01 feet; thence South 88005'26" West a distance of 10.00 feet; thence North 00059'39" West for 135.67 feet; thence South 80000'21" West for 185.04 feet to the POINT OF BEGINNING of the following described parcel; thence South 89000'21" West for 23,65 feet; .thence North 46057'29" West for 10.61 feet; thence North 00059'39" West for 23.98 feet; thence North 89000'21" East for 31.28 feet; thence South 00059'39" East for 31.36 feet to the "POINT OF BEGINNING", Said parcel having a lower limit at Elevation 62.10 National Geodetic Vertical Datum of 1929 and containing 953 square feet more or less. Sign advertising Merrill Lynch Page 2 Canterbury Realty File No.: ZNCV 07-011, Case No.: 245 ~ 'W 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. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 375-6260 PUBLISH: November 21, 1997 PALM BEACH POST S:\projects\Merrill Lynch\ZNCV\LGL-CASE245 PALM BEACH POST C: City Manager, City Attorney, Planning, Files DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 97- 531 TO: Sue Kruse City Clerk FROM: Tambri J. Heyden, AICP 7~;J Planning and Zoning Director DATE: November 3, 1997 SUBJECT: Merrill Lynch -1301 N. Congress Avenue Case No.245 File No. ZNCV 97-011 (sign size) Accompanying this memorandum you will find one (1) copy of the application and related documentation for the above-referenced case, A check in the amount of $400.00 to cover the review and processing of this application has been forwarded to the Finance Department. The legal advertisement for same has been prepared for the December 9, 1997 Planning and Development Board and will be forwarded to your office after review by the City Attorney. TJH:bme Attachments s:\projects\Merrill Lynch\ZNCV\LGL-CASE 245 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.245 Owner: Canterbury Realty Requested Variance: Request for a variance from the City of Boynton Beach Land Development Regulations, 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. Location: 1301 N. Congress Avenue Legal Description: PARENT TRACT: A parcel of land in Section 19 Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commence at the Southeast corner of said section 19 thence North 00059'39" West along the East line of said Section 19, a distance of 1,242.20 feet; thence North 89046'34" West a distance of 50.01 feet to a point on the West right-of-way line of Congress Ave (State Road 807); thence North 00059'39" West along said West right-of-way line, a distance of 2,145.01 feet; thence South 88005'26" West a distance of 10.00 feet to the POINT OF BEGINNING; thence North 00059'39" West a distance of 257.50 feet; thence South 88005'26" West a distance of 291,87 feet; thence South 00059'39" East a distance of 62.67 feet; thence South 88005'26" West a distance of 37,00 feet; thence South 00059'39" East a distance of 194.83 feet; thence North 88005'26" East a distance of 328.87 feet to the said POINT OF BEGINNING. LEASE PARCEL A parcel located in Section 19, Township 45 South, Range 43 East, Palm Beach County, and being more particularly described as follows: Commence at the Southeast corner of said Section 19, thence North 00059'39" West, along the East line of said section 19, for 1,242.20 feet; thence North 89046'34" West for 50.01 feet; thence North 00059'39" West, along the West right-of-way line of Congress Ave (State Road 807) for 2,145.01 feet; thence South 88005'26" West a distance of 10.00 feet; thence North 00059'39" West for 135.67 feet; thence South 80000'21" West for 185.04 feet to the POINT OF BEGINNING of the following described parcel; thence South 89000'21" West for 23.65 feet; thence North 46057'29" West for 10.61 feet; thence North 00059'39" West for 23.98 feet; thence North 89000'21" East for 31,28 feet; thence South 00059'39" East for 31.36 feet to the "POINT OF BEGINNING", Said parcel having a lower limit at Elevation 62.10 National Geodetic Vertical Datum of 1929 and containing 953 square feet more or less. Use: Sign advertising Merrill Lynch Page 2 Canterbury Realty File No.: ZNCV 07-011, Case No.: 245 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 21, 1997 CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 375-6260 S:\projects\Merrill LynchIZNCV\LGL-CASE245 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 Zonino PREPARED BY: Jerzv Lewicki DATE PREPARED November 3. 1997 BRIEF DESCRIPTION OF NOTICE OR AD: Plannina and Development Board Hearino Notice for Case No. 245 (meetino December 9. 1997) Merrill Lvnch (sionaae) 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 21. 1997), applicant and Director of Plan nino and Zonino, NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: November 21.1997 LAST DATE TO FAX TO NEWSPAPER November 19, 1997 at 3:00 P.M. APPROVED BY: o ~ . (1) ~.JI-w..i'L'l-< Q:#-G~ (Originator) '" ;/ (;j~h7 (Oat) ( (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: S:\projects\Merrill Lynch\ZNCV\LGL-Case245