LEGAL APPROVAL
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
August 27, 1999
Anne Salter & Carrie Mathews
112 S.E.23rd Ave.
Boynton Beach, FL 33463
Re: The Center for Self Discovery
File No.: ZNCV 99-004
Location: 112 S.E.23rd Avenue
Dear Ms. Salter and Ms. Matthews:
Enclosed is the City of Boynton Beach Development Order for zoning code variance granted on
August 17, 1999.
Knowing what frustration you have felt while being an applicant in the City permit and variance
processes, I sincerely hope I may assist you in the future if needed, to ensure that subsequent
experiences are efficient, pleasant and flawless.
Please contact me at (561) 742-6260 if ever you have any questions or need assistance with City
related matters.
Sincerely,
-/G-CJ r+
Michael W. Rumpf
Director of Planning & Zoning
MWRlnl
1:ISHRDA TA\Planning\SHARED\WP\PROIECTSICENTER FOR SELF DISCOVERY\Dcvelopment Order Letter,doc
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
.
DEVELOP -. ORDER OF THE CITY COMr-1"'-'N OF THE
ell f OF BOYNTON BEACH, FLOt\ID", -z..AJcU q9- oo'-f
PROJECT NAME: The Center for Self Discovery
APPLICANTS AGENT: Anne Salter & Carrie Mathews
APPLICANT'S ADDRESS: 112 S.E. 23rd Avenue
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 17,1999
TYPE OF RELIEF SOUGHT: Sign code variance (side setback)
LOCATION OF PROPERTY: 112 S.E. 23rd Avenue
DRAWING(S): SEE EXHIBIT "sn ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
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
-X- HAS
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 "Cn with notation "Includedn.
4. The Applicant's application for relief is hereby
.lL GRANTED subject to the conditions referenced in paragraph 3 hereof.
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.
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EXHIBIT "F"
Conditions of Approval
Project name: The Center for Self Discovery
File number: ZNCV 99-004 (setback for a sign)
Reference' Zoninll Code Variance Aoolication dated March 31 1999
.
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
FORE STER/ENVIRONMENTALI ST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. None. X
ADDITIONAL CITY COMMISSION CONDITIONS
2. La b~ determill,:d.. ~NS' V
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J\SHROATA\PLANNING\SHAREDI'lJP\PROJECTS\CENTER FOR SELF OISCOVERY\CONO, OF APPR 8-17-99 CC,OOC
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
May 11,1998
Vice Chair Dube said there was something in the minutes of the last meeting, which he
wished to clarify. Vice Chair Dube stated it was what he said, but was not the way he
meant it. Vice Chair Dube wished to clarify the next to the last line in the next to the last
paragraph on Page 14. The sentence now reads "He feels the new Commissioners are
not aware of that process." Vice Chair Dube would like the sentence to read "The old
Commission anytime they got a change in a site plan would send it back to this Board
and give the Board this consideration." Vice Chair Dube said he wasn't really criticizing
the Commission, he just wanted to see if they would do the same thing.
Motion
Vice Chair Dube moved that the minutes of the April 27, 1999 meeting, as amended, be
approved. Motion seconded by Mr. Friedland. Motion unanimously carried.
5. COMMUNICATIONS AND ANNOUNCEMENTS
A. Planning and Zoning Report
(1) Final disposition of the April 27, 1999 Planning and
Development Board meeting agenda items
Mr. Rumpf reported that on May 4, 1999, the City Commission took the following action
on items previously reviewed by the Planning & Development Board.
(a) Mobil Station Use Approval at Quantum Park was approved.
(b) MFT Development, Lot 58 site plan at Quantum Park was
approved.
(c) Stor-AII Conditional Use Approval was approved.
(d) Mobil Gas Station was approved for Quantum Park.
6. OLD BUSINESS
None
7. ZONING CODE VARIANCE
A. PUBLIC HEARING
Zonina Code Variance
1.
Project Name:
Agent/Owner:
The Center for Self Discovery
Anne Salter & Carrie Mathews
2
- ,~._,._-~-~-_..._._,._'''--
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
May 11,1998
Location:
Description:
112 SE 23rd Avenue
Request for relief from Chapter 21,
Signs, Article III, Section 5. Requiring
a 1 Q-foot front setback for a sign, to
allow a 9-foot variance, or i-foot front
setback.
Chairman Wische requested the agent take the podium.
Ms. Anne Salter, the co-owner of The Center for Self Discovery took the podium.
Chairman Wische noted that the request has been denied by staff, but staff is
recommending a more acceptable alternative to grant relief from the Code Section to
allow a 7 -foot side set back variance for a sign and to allow the site sign to be placed
three feet from the side property line. '
Ms. Salter said she has had a sign in the front of the property for 18 years and just wanted
to put a new attractive sign in its place. Ms. Salter said she hired a sign company and the
sign company informed Ms. Sal~er that she needed to apply to the City. Ms. Salter said
she has applied to the City and since last October has been dealing with City staff. Ms..
Salter presented photographs of the sign to the Board and said the sign was only 10'
square by 80" high, which is smaller than permitted by the Codes.
Ms. Salter said she went through the application" process and was informed that she could
replace the sign by making some minor alterations in the structure. Ms. Salter said that
when it came time to get the permit, it was denied because of the new codes dealing with
the location of the sign. Ms. Salter said she was informed that if the structure hadn't been
torn down, she could have done something with the existing structure.
Ms. Salter said she had a meeting with the Planning staff in March and was told that she
qualified for a variance. Ms. Salter said she applied for a 9-foot variance to put the sign
back where it was. Putting the sign on the side of the property wouldn't look as nice and
might impede parking, since there is a very limited parking lot. Ms. Salter said she has
been allowed to put up a temporary sign. Ms. Salter did not think the sign was a safety
hazard and presented pictures of the sign and the view of the street when exiting the
parking lot. Ms. Salter said she is still requesting that she be allowed to place her sign in
front of the property.
Chairman Wische inquired if Ms. Salter was told that once she took down the old sign she
would have to conform to the present codes and she said she was not told this. Mr. Rumpf
is not sure what transpired between the applicant and the Building Department. Mr.
Rumpf said that staff is familiar with non-conforming regulations and should have informed
the applicant accordingly. Mr. Rumpf said that the application received was for the front
3
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
May 11,1998
variance. Mr. Rumpf said that the temporary approval means that the sign can be
temporarily kept there and is actually permanently in place.
Vice Chair Dube stated that all non-conforming signs in the City have to be removed by a
certain date. Therefore, the sign still has a date when it would have to be removed. Mr.
Rumpf said there have been multiple interpretations of this requirement. Mr. Rumpf said
when Attorney Cherof and the former Planning Director discussed sun-setting the signs at
the end of 1999, it was interpreted to mean the signs had to have three primary limitations
of non-compliance-set back, height and area. Mr. Rumpf said approximately 15 to 16
signs were identified as being subject to the sunset. This particular sign is non-
conforming from a certain respect, but is not subject to the sun-setting clause because it is
conforming in both area and height.
Vice Chair Dube said that once the variance was approved, the sign would stay. Vice
Chair Dube said that he looked at the sign and it is obvious that the sign is permanently in
place and is not a temporary sign. Vice Chair Dube said you cannot see the bottom of the
sign coming from the west because the hedge cuts it off. Vice Chair Dube said that
putting the sign in permanently was in complete defiance of the City denial for the
variance. Ms. Salter said' she made a mistake in good' faith and she would never have
taken the old sign down if she could not have replaced it. Ms. Salter said she has tried to
do everything what the City has asked. Ms. Salter said she had to spend another $400 to
apply to the Board and she operates a small business.
Vice Chair Dube said Ms. Salter's old sign was sitting on top of the sidewalk. Ms. Salter
said it has been hurting her business not to have a sign.
Mr. Friedland said he has driven by the sign and thinks it is an attractive sign, but said it
was obtrusive because of the location of the sign. Mr. Friedland thinks that staff has come
up with a workable solution. Mr. Friedland pointed out to Ms. Salter that the City has been
trying to institute new sign regulations and did not want to see the sign almost on the
sidewalk.
Chairman Wische pointed out that the City tried to work out a solution and asked Ms.
Salter if she was not going to accept the City's recommendation. Ms. Salter said she was
not going to state that she would not accept the City's recommendation.
Mr. Rosenstock inquired if a great deal of the applicant's clients are walk-ins. Ms. Salter
said she has gotten hundreds of clients from the sign on the property. Mr. Rosenstock
pointed out to the applicant that there has to be certain parameters that the City must set
in its Codes. Mr. Rosenstock did not feel that the applicant's request for a variance meets
the requirements. Mr. Rosenstock said that whether the sign sits on the street or a
number of feet back from the street, he did not feel it would have any effect upon the
4
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
May 11,1998
applicant's business, and therefore did not feel that the Board should grant the variance.
Vice Chair Dube asked Attorney Cirullo if the City could approve a 7' side setback tonight
instead of the request for the front setback, or would the issue have to come back to the
Board as a second request.
Attorney Cirullo stated that the notice was for a 9' setback and the Board is being asked to
consider the City's denial, not to approve a side set back. Mr, Rump stated this was
correct. Attorney Cirullo said that the side setback couldn't be considered this evening
because the location of the set back on the property has been changed. Attorney Cirullo
inquired if side and front set backs were covered by different Code sections.
Chairman Wische announced the public hearing and asked if anyone in the audience
wished to speak. Attorney Frank Palen of Ruden, McClosky, Smith, Schuster & Russell
of West Palm Beach took the podium and requested clarification if this Board merely
makes recommendations for approval and denial to the City Commission. Chairman
Wische stated was that correct. Attorney Palen stated if the advertising was not correct
to allow the Board to make a recommendation to the City Commission would the variance,
need to be re-advertised, Chairman Wische asked Attorney Palen if he did not want it on
the record that the variance was denied, but would like the variance to be re-advertised
with the side setback of 7'. Attorney Palen stated that the lot is a non-conforming lot and
the applicant has a right to have a sign somewhere on the site. Attorney Palen asked if
the problem could be corrected tonight and forwarded to the City Commission.
Attorney Cirullo stated that Mr. Rumpf informed him that the side and front setbacks were
the same Code sections. However the set back is for a different location on the property.
Attorney Cirullo said he has concerns about the notice. Mr. Rosenstock asked if the
request should be tabled and re-advertised correctly and then placed back on the agenda.
Attorney Cirullo said if the Board is dealing with an application for a specific variance and
at the same time being asked to consider staff recommendations, then the request could
be withdrawn by the applicant for re-notice.
Vice Chair Dube asked why the request couldn't be tabled and have the applicant change
the application and then come back before the Board. Ms. Salter inquired if she would be
required to pay another $400. Vice Chair Dube said he was trying to avoid this. Mr.
Rumpf said that all the work has been done and did not think the applicant should be
charged another $400.
Attorney Cirullo said that the applicant must request that the variance be re-noticed.
Therefore, Attorney Cirullo said that the request should be withdrawn and re-noticed so
that the Board can properly vote on staffs suggestion,
5
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
May 11,1998
Mr. Rumpf said that the applicant could modify the application with the assistance of staff
and there would be an additional advertisement fee, which would be between $100 to
$160.
Mr. Reed felt the applicant has been mislead by the City and unless there is something
completely fatal, the Board should approve the decrease requirement as proposed by staff
and not require the applicant to go through anymore processes nor spend any more
money.
Attorney Cirullo asked to see a copy of the notice. Mr. Rosenstock pointed out that
notices must be very clear as specified by statute. Mr. Rosenstock said that if the notice
is improper and the Board allows this, what would happen if someone objects when the
sign is erected and this is a flaw, the City would be at fault.
Attorney Cirullo said he had an opportunity to examine the notice and the notice refers
specifically to a 10' front setback reducing a 9' to a l' front set back. There is no mention
of changing a side setback from a 10' side setback to a 7' side setback and this is a
material change. Attorney CiruUo did not think that the Board could approve staff's
recommendation tonight based upon the notice before the Board this evening. Attorney,
Cirullo said that the setback has to be re-noticed.
Mr. Rosenstock said he would suggest that the applicant withdraw her application and
reply for the side setback. Ms. Salter said this has been a real hardship for her and she is
not sure if She wants to go through this process again and have the new request turned
down. Ms. Salter said she has nowhere else to place a sign. Chairman Wische pointed
out that this Board has to follow the legal advice of its attorney. Ms. Salter requested that
the City not charge her any more fees. Chairman Wische said the Board has no
jurisdiction on this.
Attorney Palen requested a clarification from Attorney Cirullo on the process. Attorney
Palen said if the issue is withdrawn, there would be no new application information that
would be necessary for his client to present. Attorney Palen said he had concerns that if
the applicant withdraws, it would take months for the request to be re-heard. Attorney
Palen requested that the request be re-advertised correctly based upon staff's
recommendations. Mr. Rumpf said it would take a total of 20 days to re-advertise.
Therefore, the request could be heard at the June 22nd meeting.
Mr. Rosenstock asked why the applicant was having difficulty accepting the process and
stated she currently has a sign on the property and no one is telling her to take it down.
Ms. Salter said she would not be able to attend the June 22nd meeting and requested
another date.
6
-.;j':
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
May 11,1998
Attorney Cirullo suggested that the Board table the request to a date certain in order that
the variance can be noticed properly.
Ms. Salter requested that her request for a variance be tabled. ,Mr. Reed requested that
the request be re-advertised with no cost to the applicant. Chairman Wische said that is
not within the Board's jurisdiction.
Motion
Vice Chair Dube moved to table the applicant's request to the first meeting in July.
Motion seconded by Mr. Rosenstock. Motion carried 6-0.
Ms. Salter requested the date of the first meeting in July and was informed it was
July 13th.
Abandonment
Description:
Mark Daly
City of Boynton Beach
East Coast Railroad Avenue, between
S.E. 10th Avenue and S.E. 8th Avenue
Request approval for abandonment of
a portion of street abutting property.
(POSTPONMENT REQUESTED TO
JUNE 22, 1999 PLANNING AND
DEVELOPMENT MEETING TO ALLOW
FOR THE CONCURRENT REVIEW OF
A RELATED VARIANCE REQUEST.)
2.
Project Name:
OWlter:
Location:
Attorney Cirullo requested that the Board vote on the request for postponement.
Motion
Vice Chair Dube moved that the request for postponement by Mark Daly be approved.
Motion seconded by Mr. Reed. Motion carried 6-0.
B. TIME EXTENSION
Owner:
Palm Walk ACLF
Richard T. Sovinsky, RA
Ehasz Giacalone Architects, PC
Palm Walk Associates
7
1.
Project Name:
Agent: