REVIEW COMMENTS
7.A.3
THE CENTER FOR SELF DISCOVERY
ZONING CODE VARIANCE
DEVl::LOPMENT SERVICES DEPARTMErfr
PLANNING AND ZONING DIVISION
MEMORANDUM #99-196
Staff Report
Planning and Development Board
and
City Commission
Meeting
Date:
August 10, 1999
File No:
ZNCV 99-004 Sign setback from side property line (formerly front setback
request)
Location:
112 SE 23rd Ave
Owner:
Anne Salter I Carrie Mathews
Project
Name:
The Center for Self Discovery
Variance
Request:
Request for a variance from the City of Boynton Beach Land Development
Regulations, Chapter 21, Signs, Article III. Section 5., to allow a nine (9) foot
reduction from the minimum ten (10) foot front setback.
BACKGROUND
The subject property, located on the south side of S.E. 23rd Avenue just east of the intersection
with Seacrest Boulevard, has been used for a medical or professional office since 1981. The
sign identifying this business had been in place for the last 18 years, and as it was located one
(1) foot from the front property line, it qualified as a legally non-conforming, or "grandfathered"
sign (see Exhibit "A" - Location Map).
In October of 1998, the applicant contacted City staff to obtain information relative to sign
replacement. The applicant ultimately applied for the necessary sign permit and, removed the
existing non-conforming sign not realizing the consequences of this action (a newly erected
sign must conform to current regulations), The permit was then denied based on non-
compliance with required setbacks. Exhibit "B" shows the former/proposed location, the
location recommended by staff, and the proposed sign.
This segment of S. E. 23rd Avenue consists of many former single family homesllots that have
been converted, beginning with the rezoning process, to medical offices. Due to lot constraints,
limited parking facilities occupy most front yards thereby leaving minimal space for site signage.
Most signs in this vicinity do not conform to the minimum setback of 10 feet. Staff viewed
nearby signs and estimates that front setbacks for other site signs within this area range
between one (1) foot and six (6) feet.
,
Page 2
Center for Self Discovery
File No. ZNCV 99-196
With respect to future right-of-way expansion, the survey submitted with the application shows
the existence of a 15 foot wide "Proposed Right-of-Way dedication" across the property's front
yard running parallel to SE 23rd Avenue, (see hatched area on survey - Exhibit "C"). An
explanation of said 15 foot right-of-way was required as given its potential effect on the review
of this request. The applicant's explanation is contained in Exhibit "D".
ANAL YSIS
The code states that the zoning code variance can not 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.
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.
(Exhibit "E" contains the applicant's response to the above criteria.)
Staff has conducted this analysis with the assumption that, based that on the city's prior
approval of the rezoning of said lots from residential for professional offices, that the city has
acknowledged the potential for creating certain hardships and non-conformities on these lots
along S.E. 23rd Avenue (e.g. parking space deficiencies, signage, building setbacks, etc).
Therefore, staff has focused this analysis on item "e" above, which requires that the request
represent the minimum possible deviation from city regulations. Staff reviewed the site with this
intent, and determined that the request for a side setback variance of 7 feet represents the
minimum variance necessary to maintain a site sign on the property. Rather than requiring a
variance from the front setback as required to return a sign to the original location, the
alternative location would meet the front setback of 1 0 feet, and only require a side setback
variance of 7 feet, to allow the sign to be placed 3 feet from the side property line. Although
this alternative may result in the justification for a higher sign, to provide for proper visibility over
'2.
Page 3
Center for Self Discovery
File No. ZNCV 99-196
the existing hedge, this alternative will minimize the variance required (requiring a 7 foot
variance rather than a 9 foot variance), and will minimize the potential for the sign to obstruct
the vision of exiting patrons. It should be stated that this analysis placed low emphasis on the
issue of potential roadway expansion and the County's thoroughfare plan, as the right-of-way
has not been acquired, the adjacent road is not on the county's road improvement plan, the
expansion of this roadway may never occur, and even if right-of-way was acquired and
expanded the sign could be easily relocated. As indicated on the attached survey (Exhibit "C"),
and described in the letter from the attorney for the applicant, future right-of-way is shown on
the survey but has not been acquired nor dedicated (see Exhibit liD").
RECOMMENDATION
Staff recommends that this request for relief from Chapter 21, Signs, Article III. Section 5 to
allow a 7 foot side setback variance be approved. Staff has not recommended any conditions
of approval; however, If conditions of approval are added by the Board and Commission, said
conditions shall be listed in Exhibit "F".
IICHIMAIN\SHRDATAIPlanning\SHARED\WP\PROJECTS\CENTER FOR SELF DISCOVERY\2nd ZON.vAR STAFF REP-Self Discovery,doc
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EXHIBIT "D'I
RUDEN
MCCLOSKY
SMITH
_!?CH!JSTER &
RUSSELL, P.A.
222 LAKEVIEW AVENUE
SUITE BOO
WEST PALM BEACH, flORIDA 33401-6112
(S61) 838-4500
FAX: (561) 832.3036
WRITER'S DIRECT DIAL NUMBER: (561) 838-4538
E-MAIL: FSP@RUDEN.COM
ATTORNEYS AT LAW
April 29, 1999
VIA FAX AND U.S. MAIL
Mr. Michael Rumpf, Director
Department of Planning & Zoning
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Re: Center for Self Discovery (V.A Salter), 112 S.E. 23d Ave., Sign Code Va..;ance
Request (Planning & Zoning Board Meeting of 5/11/99)
Dear Mr. Rumpf:
I represent the owners of the above-referenced parcel who have applied for a variance from
the Boynton Beach Sign Code in order to install a commercial identification sign in the front yard
of this Property. The site is used for professional offices.
I am informed that your variance application requirements include a survey of the property.
I am further informed that your office gave permission to the property owners to use an existing
survey of their property with the caveat that they assume responsibility for any matters of record
contained in or missing from the survey. The survey proffered by the O\'\I1lers was prepared in 1990
by the firm of O'Brien Suiter & O'Brien, Inc. (Field Book 8100, Page 72, Job No. 82-305-A) (a copy
of which is attached as Exhibit" A"). This survey contains a handwritten notation (in the form of
hatch marks and printed words) indicating the existence of a 15 foot wide "Proposed Right-of-Way
Dedication" across the property's front yard running parallel to S.E. 23d Avenue. I understand that
your office has asked for an explanation of this notation because it may affect your recommendation
to the Planning and Zoning Board and City Council regarding the variance request. My letter is
intended to address your concerns,
In an effiort to address thl'<, matte" I t.,<"'TP rp";"'nr~t'11t.,... +'1'\11".,,;...." rl"'~" 4'~" '.,. 1'1 \.t... - ..,'..
",".1..0- ",- ;:,_... '.I.) ...-_._..~~.'_.....~--..;..._~...J..'-'J....._.,.....t:. _':"'...._..4;.,.....~:".'...._\../ .-!..._....;......_.,',
(2) an Ownership and Encumbrance Report for the Prop~rty prepm'ed for nie by Commori'.Tlemth
Land Title Company (File No. FM-86379, 4/13/99) (attached as Exhibit "B~'); fuJd (3) th.~ Pb! of
Highpoint Subdivision, recorded in Plat Book 23, Page 225, Official Re~ords of Palm Be~..:h COtlr..ty.
Florida (attached as Exhibit "e"). I have also spoken to Mr. David Cuff. P,E.. Assjstant Cour.ty
Engineer in the Land Development Division of Palm Beach County Department or Engil1e<:ring 2nd
Public Works (561-684-4090).
Based on-my research. I conclude there is no matter of record constitutin~ an encumbr~
on the Property which is reQuired to be shown on a survey pursuant. to the "Minimum Technical
Standards for Land Surveying" contained in Chapter 21HH-5. Florida Administrative Code. Neither
the Plat nor any other instrument of record creates a 15 foot "proposed right-of-way dedication"
across the Property. The notation on the 1990 survey was reportedly added at the suggestion of a
contractor who was then doing some unrelated work for the owners. No one has u dear recoec::-tiu;l
WPB:92185:1
FORT LAUDERDALE. MIAMI. NAPLES. ST. PETERSBURG II SARASOTA. T/.LLAI-Lo\SSE[ . TAMFA
1
The following addresses question #5 of application requirements (re: special conditions,
~dships or reasons justifYing the requested variance):
A. The special circumstances surrounding this property is that the parking area
covers a majority of the front 1/3 of the property which eliminates the ability to be
within the sign set back requirements.
B. The parking area is required by code due to the size of the building so
eliminating parking spots would not be allowed.
C. No privilege is requested other than allowing this business the ability to have a
sign to identifY their business at a location it has done so for the past 18 years.
D. Considerable hardship is created by having to follow the existing guidelines of
the sign code as it would eliminate 1-2 parking spots to this business with
considerable cost in the removal and relandscaping of that area. Additionally,
without a sign, this business losses its ability to be easily identified by it's clients
and potential clients.
E. We believe that the requested variance works better within the overall scope for
the sign code and parking code requirements.
F. The sole purpose of this sign is to improve the look of the front of the property.
We feel all of the neighbors will appreciate the appearance and look of our new
SIgn.
Sincerely,
~ a+?[i'i/
Scott Bedford
~~j;~
V. Anne Salter
Property Owner
.
,
g
EXHIBIT "E"
SIGNS BY TOMORROW
2~OOKEECHOBBEEBLVD
WEST PALM BEACH, FL. 33409
March 31, 1999
Planning & Development Board
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Fl. 33424
Re: Sign Variance for 112 S.E. 23rd Ave.
The purpose of this variance request is to replace the main business sign at the
above property. The old sign was at this same location for more than 18 years. Initially
we went to the city to build a new sign at the site of the old broken down sign. It was
turned down due to not being in compliance with the set back requirements. After
meeting with the Technical Review Committee, they recommended the modification of
replacing only the faces of the signs, and using the existing CBS structure. This was to be
approved through the regular permit process without any variance. When this paperwork
was submitted, it was again denied. The old structure was then demolished as requested
by building official Warren DeLoche. This created a really major problem for us, for as it
turns out my client, Anne Salter was "grandfathered in" if the structure had not been
removed. Thus, after removing the structure we were ~ turned down.
At this point there were already 2 (two) signs constructed as we, in good faith,
were ready to replace the old weathered 2 sided sign with 2 new ones we believed were
acceptable. With this latest turn do~ we then tried to place these 2 signs (not designed
for this), on the building, only to realize space was totally inadequate and that this was
extremely unappealing visually.
Finally, myself and my client (Anne Salter) met with a pre-variance application
committeeop March 22nd where we all attempted to find a solution. As a result of this
meeting we'are now requesting a variance for the set back requirement for 9' from the
North property line so that we can place the sign approximately where it has always been
located.
9
Mr. Michael Rumpf, Director
April 28, 1999
Page 2
--of why the notation was added. In 1990, the County was planning to expand the intersection of
Seacrest Boulevard and Golf Road/S.E. 23d Avenue. We have no way of knowing, but this project
(which has since been completed) may have been the source of the notation on the survey. However,
based on my review of the public record, it appears that the notation on the survey was added in
error.
I spoke personally to Mr. David Cuff in an effort to determine if Palm Beach County is aware
of any right-of-way "dedications" in the vicinity of the Property. He responded that he has no
knowledge whatsoever of the source of the notation on the owners' survey. However, he speculated,
the Board of County Commissioners has adopted as part of the County Comprehensive Plan a
"Thoroughfare Right-of-Way Protection Map" (the "Thoroughfare Plan"). This is a planning
document intended to guide the County in planning for future roadway expansions. This planning
document creates no encumbrances on private property. It does indicate that the County would like
to have 80 feet of right-of-way for future expansion of GolfRoad/S.E. 23d Avenu~ from Seacrest
Boulevard to U.S. 1. At the present time, the County owns 50 feet of right of way. The County's
ultimate expansion plans would therefore require acquisition of another 30 feet of right-of-way.
Mr. Cuff speculates that the 15 feet shown in the notation om the survey would correspond
to half of the additional 30 feet the County Thoroughfare Plan provides. Typically, he reports, the
County would assign half of the desired additional 30 feet -- i.e. 15 feet -- to the property owners
on either side ofS.E. 23d Avenue. If this property were located within the unincorporated area, there
would be no prohibition on erecting signs within the "ultimate right-of-way." The County Land
Development Code provides for a system of waivers whereby property owners can install
improvements (such as signs) within future rights-of-way shown on the Thoroughfare Plan.
However, to my knowledge, the County Thoroughfare Plan has no binding force within a
municipality and should not be a factor in your evaluation of the variance request..
Your decision to permit the property owners to use an older survey is greatly appreciated.
The notation on the survey has unfortunately, required a great deal of time and effort to explain. We
can at this point only speculate about the reason for the notation. However, my review of the public
record reveals the notation was added in error and should not affect your review of the variance
request.
If you have any questions, please feel free to call me.
Sincerely yours,a
1;~(
Frank S. Palen
Attorney ',=
Enclosures
cc.. V. Anne Salter
Scott Bedford
WPB:92185:1
10
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 99-132
TO:
Sue Kruse
City Clerk
FROM:
Michael W. Rumpf
Director of Planning and Zoning
DATE:
June 14, 1999
SUBJECT: Re-advertise for Center for Self Discovery
File No. ZNCV 99-004
The legal advertisement for this request will be forwarded to your office after review by
the City Attorney. The requested variance is scheduled for the August 10, 1999
Planning and Development Board meeting.
MWR:jma
Attachments
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: Planninq and Zoninq
PREPARED BY: Michael Rumpf
DATE PREPARED: June 14. 1999
BRIEF DESCRIPTION OF NOTICE OR AD: Planning and Development Board
Public Hearing Notice for (meetinq Auqust 10, 1999): Center for Self Discoverv
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 property
(postmarked no later than July 26. 1999), applicant and Manager of Planninq and
Zoninq
NEWSPAPER(S) TO PUBLISH:
The Post
DATE(S) TO BE PUBLISHED: July 26, 1999
bAST DATE TO FAX TO NEWSPAPER BY 3:00 P.M.: Julv 20.1999
APPROVED BY:
(1 )
(Originator)
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
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: PlanninQ and Zoning
PREPARED BY: Michael Rumpf
DATE PREPARED: June 14. 1999
BRIEF DESCRIPTION OF NOTICE OR AD: Planning and Development Board
Public HearinQ Notice for (meetina August 10. 1999): Center for Self Discoverv
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 property
(postmarked no later than July 26, 1999), applicant and ManaQer of Planning and
ZoninQ
NEWSPAPER(S) TO PUBLISH:
The Post
DA TE(S) TO BE PUBLISHED: Julv 26, 1999
bAST DATE TO FAX TO NEWSPAPER BY 3:00 P.M.: July 20.1999
APPROVED BY:
(1 )
(Originator)
(Date)
(2)
(City Attorney)
RECEIVED BY CITY CLERK:
(Date) f
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_____ it c (. ~ It. (4" ~ '" ~A"- I"It~ f'1:
COMPLETED:
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 code
of said City:
Owner:
Anne Salter & Carrie Mathews
Center for Self Discovery
Requested
Variance:
Relief from Chapter 21, Signs, Article 111., Section 5.
Requiring a 10 foot side setback for a sign to allow a 7 foot
variance, or 3 foot side setback.
Location:
112 S.E. 23rd Ave.
Legal
Description:
Lot 2, High Point, according to the Plat thereof recorded in
plat book 23, page 225 of the public records or Palm Beach
County, Florida.
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, August 10, 1999, 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) 742-6260
PUBLISH: THE POST
July 26, 1999
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City of Boynton Beac uilding Department
Attn. Phil Sy
100 E. Boynton Beach Ivd.
Boynton Beach. Fl. 334 6
Dear Mr. Sy,
II
:~ruary 09, 1999
.
~ '.
This letter is a follow to the meeting we had yesterday. I wanted to sen) (01 this letter to
help clear up any questi you may have with regards to what my cJie' ; a i myself have
gone through with this go located at 211 SE 23rd Ave.. e permitting] I >cc s for this job has
been a nightmare. Bel is the timeline as to what I have g he through Co' hif lfOject.
Octobcr- Mid month- I Ice to Warren Deloche with FeSU to this sign ,t't lt time, he said,
the sign was not n compliance but said I could s to pre-revie\~ otr 1ittee and could
discuss what c d be done at that location.
Late October- I met wi three people from the committee. ~d
gentleman cd (beard, long hair from planni ). We discu:~; ;J tJ
they could aUo the sian even though the sip was t in compli≪ , .
Pg 2-125 that a gn could be modified but the origi structure h:& ~ ;0:
time the sign w d have no problems going through for pennit
Early - Mid Novem.ber- he permit was submitted on 10/30., After approJtJ I ate
received a call t the sign would not be allowed d to the fact 11: . it
compliance, Is e to WIlITCIl Deloche about the ~ect and he ~J l tt
of his hands e though I had met with the com' and receive I he
Late November- I took is to my clients and explained the ity's change I I m1
I told them aOO an option for installation. I then . sed the pem to
the signs on the uilding.
Early Dccember- I bro the sips to my clients and sh
installed as the ised permit indicated. Due to the
be installed on the tile face. The signs did not I
need two sips they bad their names already
brought the si out we also demolished the old Ii
the old location 'II include the poses.
Mid December. Mid J uary- My clients were out of town.
Late January.. I met Wi my client and agreed that tbesign s
originally agfce to by the committee. '
Last Week- I went in a 'n and spoke to Bob Donovan. I to
surrounding this lascO. He recommended submittin another perrn i \:
talking. Bob cal to a man from the department he office. Bot xp
them how t 'y ,
k of wall ~'J' ~e
good. Addlt l na
the building. 1 ate
and structure: ) a:
. II
EOHOBEE BLVD. . WEST PALM BEACH, F~ 33401 . PHONI: 51-1
ates and a
~ sign and how
ley sited Sec. E
ay, I felt at that
'I ODe week: I
l&S not in
matter was out
approval.
d on their signs.
,clude installing
Juld look
Ie signs had to
'I. they did not
, When we
, new sign at
ld to be put as
.unstances
:tile we were
.ined the
8-9100' FAX: 561-1388-9911
SI-<f%MO
II
the non-compliant sign and th
site it would be OK.
)DB as it did not
<
,
,
After getting the drawi ss together for the original installat , that led " 'Ul
yesterday, I believe due to pre-approvaI that I received from the 0011'111 tte
be allowed at the old 1 anon. Please call me if you have y question 8:1 I Y <
far too Jong for a sign t should ofbeen that should of installed mlJ' th
teetiDj
, the sign should
lent bas waited.
13 months ago.
Sincerely, , I
~~,~. 'r1
Scott Bedf: d
ce. Carrie Mathews Client
Frank Palen, ES 0
II
ECHOBEE BCVD.' WE'" PACM BEACH, ft...... PHON" l1.'
8.9100 . fAX; 561-688.9911
APR 29'99 10: 33AM RUDEN MCCLOSf<\, 561 832 2645
L~JDnA, J~~,~, of Florida - Tn Roll. Search
Fat: mm19
XEY t) 08-~3-4$-33-14.DDO'OD20 lAST UPDATE:l1(G1J1'9B
PtN ~8-43~~5-33-04-COO-0020
COllECTOR NO, 2-917-096-60
llINERS I ~mESS
RATTNfWS SHIRLEY'
\I UIE UlTEa
112 S~ 2310 m
BOYlrOI BEACH, Fl 3'43~-7ti18
LEGRl OESCRIPTIOI'
HIGH POINT LT 2
GEED REfERENCE
09/92 7419 1~'4
Plum HISTCRT
C~RI[NT YE~R iAI DATA
Year Date
199.
1997 02/06/91
1996 02/26/97
1995 01/31/96
UH 01/27/95
1993 02/23/94
un 11/1602
R~pt/'ert
14-1m~'"
lHU02
13-20129
1&-24512
12-UUS
40-53866
Cllt 98 l V $
..e DB IV $
DOC DO TV $
EIC HI ITli
IROSS TAl AIIOUIT $ 2,249,09
~Ilount
.. ~NPUO ..
$ Z,t03.64
$ l,072.0e
$ 1,056.65
$ 2,H6.5S
$ 2 ,1OS . 3!
$ 2,039,44
H,&4I
61,032
107,672
------------------...--------------------..--------------------_._--~-~-------
tIC 98 CO_TAINS NO DISTIICTS DO. me
GENERAl taUITY 04,6000 SCHOOL STAn 06.5470
so flA WATER 116NT 00,59rO SCHOOL um Oc .6320
F.I.U 00.0470 SCHOOL Dell OD.513O
COUUV OUT 00.2582 KEILTH em OLom
CHILDIER' SEIVICES 00.4403 LIB tAU 00. 5 ~4t
EVER6lAD( COI51.UCTIO. 00.1000
"MC OB CITY O~ 10TMTON 8EAtH tITf LEV~ 07,8160
100 f 10YITO. ~EAeH BLVD
tIn DEll Do.un"
BDYITOM IfICN, FL 5~t35 CITr BOlO 00.0000
7C2-6Q&O
.............................................. TOTAL MILLA&f LEYY 25.0413 ....
DOC 00 10 Draln'9' .S$t....nts,
__w-________________-_r-------------p-------.....-.-----------------..-------.
EXt HX HOIESTEAI EIEIFTlaM
. .'
.---_._._._--_.__._._.--------_._.._~-~-~-----_._._-----------_...------------
.TS 10 lort~.g. cO'9'ny lilted.
w______________________------------------~----.-------------------------------
SWA .1I..neat
U94.11
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P.9/10'
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...1''''-'.;1''.60- (;>
RPR 29 '99 10: 33RM RUDEtLl1CCLOSI<Y 561 832 2645
P,8/10
COKHONWEALTB LAND TITLE INSURANCE COKPANt'
OWNERSHIl' AND ENCUMBRANCE .REPORT
CONTINUATION PAGK
Company File N,o..~,..FM78637~. " .." ,..
Agent File ~o. 99997-0843
"
April 13 t 1999
UNSATISFIED MORTGAGES, LIENS, AND JUDGMENTS AFFECTING THE LAND COVEREO BY THIS REPORT
APPEAR or RECORD;
1. Warranty Oeed recorded in Official Recordl Book 2548, pa~e 926.
2. Mortgage recorded in Official Records Book 2526, page 92'.
3. Satisfaction of Mortgage recorded in Official Records Book 3038, page 456.
4. Assignment of Mortgage recorded in Official Records Sook 3964, page 621,
S. Assignment of Mortgage recorded in Official Records Book 3984, page 850.
6. Satisfaction of Mortgage recorded in'Official Records Book 4377, page 1659,
7. Quit Claim Deed recorded in Official Records Book 7409, page 584.
8. Notice of Commencement recorded in Official Records Book l0290, page 569.
9. Final Judgment recordea in Official Records Book 3643, page ~2.
10. Certified Copy of Final Judgment recorded in Official Records Book 9728, page
248.
11, Final Judgment Changing Name recorded in Official Records Book 9916, page 1612.
TAXES:
The records of the office of the tax collector for the couney in which the property is
located reveal Taxes for the year have been p~id as to Property Control No.
OS-43-4S-33-04-000-0020.
Em) OF COHTIWA'l'IOW PAGZ (S)
3
RPR 29 ''3g 10: 32RM RUDEli11CCLOSKl' 561 832 2645
P.7/10
Commitment No.
Company File No. FM786373
Agent Pile No. 99997-0843
SC!HlIlJrH.~ B-S~CT:rON 2
Schedule B of the policy or policies to be issued will contain exceptions to the,(Q~lowing
matters unless the same are' ::i':Csposed of to the satisfaction 'of the-company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created,
first appearing in the public records or attaching subsequent to the effect1ve
date hereof but prior to the date the proposed In$ured acquires for value of
record the estate or interest Or mortgage thereon covered by this Commitment.
2. Rights or claims of parties in possession not shown by the public records.
3. Easements or claims of easements not shown by the public records.
4. Encroachmenti, overlaps, boundary line disputes, and any other matters which
would be disclosed by an accurate surveyor in5pection of the premises.
5. Any lien, or right ~o a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
6. Any elaim that any part of said land is owned by the State of Florida by right of
sovereignty, and riparian rights, if any.
t. Taxes for the year of the eftective date ot this Commitment and taxes Or
aeSeS8ments which are not shown as existing liens by the public records or which
may be levied or assessed Subsequent to the date hereof. Said taxe5 become a
lien as of January 1 of each year, but are not due and payable uncil November 1
of that same year, pursuant to section 197,333 F,S.
B. Taxes tor the year 1990 and any taxes and assessments levied or assessed
subsequent to the date hereof. Said taxes become a lien as of January 1, 1990,
but are not due and payable until November 1, 1990, pursuant to section 1~7.333
1'.5.
9. Restrictions, covenants, conditions and easemenes as contained on the Plat of
Plat of High Point, recorded in Plat Book 23, page 225, of the Public Records of
Palm Beach County, Florida.
10. Restrictions, covena~ts and conditions as contained in the instrument dated vune
11, 1952 and recorded February 14, 1955 in,Deed Book lOel, page 193, of the
Public Records of Palm 6each County, Florida.
11, Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town,
village or port authority for unpaid Service charges for service by any water,
sewer Or gas system supplying the insured land.
ZN1J OF SCHEDCJL8 B-SBC'l'ION 2
3
APR 29 '99 10: 32AM RUDEtil1CCLOSKY 561 832 2645
P.6/10
COJQIONWEAI.m LAND TITLE I)JS'C'RANCE COMPANY
OWNERSHXP AND Q1CUHBRANCE RBPORT
LBGAL DBSCRIPTION
Company File No. ~J66~7~
Agent File No. 999~7-0e43
April 13, 1999
Lot 2, HIGH POINT SUBDIVISION, according to the Plat thereof on file in the Office of
the Clerk of the Circuit Court in and fo~ Palm eeach County, Florida recorded in Plat
Book 23, page 225; said lands situate, lying and being in Palm Beach County, Florida.
END OF LEGAL nBSCRIPT%ON
2
RPR 29 '99
10:32AM RUDEN~CCLOSKY 561 832 2645
~-
P.5/10
COIOlONWBALTB LAND T%TLE J:NSlJ'RAUCE COJlPANY
OWNERSHIP AND BNClJIfBRANCE RB~OR.T
Company File No. FM786379
Agent'e File No. 999S7-0843
TO~ R.uden, l>l;cClosky, ,_~n:tith, Schu,s,ter & Russell, ,P.,A.
2~2 Lakeview Avenue
Suite 900
West Palm Beach, FL 33401
At tn : $HERREl...A . GARRETT
Pursuant to your request, the Company haa cau~ed a search to be made of the Public Records
of Palm Beach County, Florida, solely a~ revealed by its title plant indices, from April
1, lS76 at 8:00 A.M. through March 31, 1999 at 8:00 A.M., and said search reveals the
following:
1. The last deed of record purports to vest title in;
Shirley J. Matthews and V.' Anne Salter
2. The land covered by this Report is:
LEGAL DESCRIPTION IS ATTACHED HERETO AND MADE A PART HEREOF
3. The following unsatisfied mortgages, liens. and judgments affecting the land covered
by this Report appear of record:
SEE! CONTINUATION PAGE(S) ATTACHED HERETO AND MADE A PART HERSOF
4 . Taxes:
SEE CONTINUATION PAGE ATTACHED HERETO AND MADE A PART HEREOF
The foregoing report is prepared ana furnished for information only, is not intenaed to
constituee Or imply any opinion. warranty, guaranty, insurance, or similar assurance as to
the status of title, and no determination has been made of the authenticiey Of any
in5trument des~ribea or referred to herein, The name search for the purpose of
determining applicable judgments and liens is limited to the apparent record owner(s)
shown herein. No attempt has been made to determine wnether the land is subject to liens
or assessments which are not shown as existing liens by the public reC040S. The Company's
liability hereunder shall not exceed the cost of this Report, or $1,000, whicheVer is
less.
THIS REPORT SHALL NOT BE USED FOR THE ISSUANCE OF TITLE INSURANCE OR PREPARATlON FOR
LITIGATION.
COMMONWEALTH LAN'O TITLE INSURANCE COMPANY'
120 Ni 4th Street
Ft. Lauderdale, rL 33301-3292
(954) 764-0800
BY~~
Autho zed Officer or ent
309 1
COMMONWEALTH LAND 'TITLE BRANCH
1601 FORUM PLACE SUITE 400
WtST PALM BEACH, FL 33401
(561) 640.7740
April 13, 1999
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APR 29 '99 10:29AM RUDr}~ MCCLOSKY 561
Mr. Michael Rumpf; Dit~, A
April 28, 1999
Page 2
832 2645
P.3/10
of why the notation was added. In 1990, the County was piannini to expand the intersection of
Seacrest Boulevard and GolfRoad/S.E. 23d Avenue. We have no way of knowing, but this project
(which has since b.een.,completed).may-have.been the source ofthenotatil;)n on ,the survey. However,
based on my review of the public record, it appears that the notation on the survey was added in
error.
I spoke personally to Mr. David Cuff in an effort to determine if Palm Beach County is aware
of any right-of-way udedications" in the vicinity of the Property. He responded that he has no
knowledge whatsoever of the source of the notation on the owners I survey. However, he speculated,
the Board of County Commissioners has adopted as part of the County Comprehensive Plan a
"Thoroughfare Right-of-Way Protection Map" (the ''Thoroughfare Plan"). This is a planning
document intended to guide the County in planning for future roadway expansions. This planning
document creates no encumbrances on private property, It does indicate that the County would like
to have 80 feet of right-of-way for future expansion of GolfRoad/S.E. 23d Avenue nom Seacrest
Boulevard to U.S. 1. At the present time~ the County owns 50 feet of right of way. The County's
ultimate expansion plans would therefore require acquisition of another 30 feet of right-of-way,
Mr. Cuff speculates that the 1 S feet shown in the notation om the survey would correspond
to half of the additiona130 feet the County Thoroughfare Plan provides. Typically, he reports, the
County would asSign half of the desired additional 30 feet -- i, e, 15 feet _~ to the property owners
on either side of S.E. 23d A venue. If this property Were located within the unincorporated area, there
would be no prohibition on erecting signs within the "ultimate right~of-way," The County Land
Development Code provides for a system of waivers whereby property owners can install
improvements (such as signs) within future rights-of-way shown on the Thoroughfare Plan.
However, to my knOWledge, the County Thoroughfare Plan has no binding force within a
municipality and should not be a factor in your evaluation of the variance request..
Your decision to permit the property owners to use an older survey is greatly appreciated.
TIle notation on the survey has unfortunately, required a great deal oftime and effort to explain. We
can at this point only speculate about the reason for the notation. However, my review of the public
record reveals the notation was added in error and should not affect your review of the variance
request.
If you have any questions, please feel free to call me.
:j;Y yours, . /I
1~{
Frank S, Palen
Attorney
Enclosures
ce,. v, Anne Salter
Scott Bedford
WPfl'9%lU,l
Department of Engineering
and Public works
PO, Box 21229
West Palm Beach, FL 33416-1229
(561) 684-4000
wwwco,palm-beach,fLus
.
Palm Beach County
Board of County
Commissioners
Maude Ford Lee, Chair
Warren H, Newell. Vice Chairman
Karen T Marcus
Carol A. Roberts
Mary McCarty
Burt Aaronson
Tony Masilotti
County Administrator
Robert Weisman
"An Equal Opportunity
Affirmative Action Employer"
@ printed on recycled paper
,.c:-:
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April 28, 1999
Mike Rumps
City of Boynton Beach - Planning & Zoning
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33458
Re:
Lot 2 - High Point (P.B.23, Pg.225)
Dear Mr. Rumps:
In response to your inquiry regarding the area shown as "proposed right-of-way
dedication" on the attached survey copy, this office can find no evidence that this area
has been conveyed to the County or is currently in the process of being acquired by
the County as additional right-of-way for Golf Road. Please note that this additional
15 ft. is within the ultimate planned 80 ft. right-of-way for the road under the
County's Thoroughfare Plan, and will be subject to acquisition by voluntary
dedication, purchase, condemnation, or other appropriate means at such time that the
full right-of-way is needed for road expansion. At this time, however, there are no
immediate plans for such acquisition and expansion, according to current 5-year road
program.
As we discussed, if the noted property was in unincorporated Palm Beach County
and subject to the County development regulations, the base building line (i.e. line
from which setbacks are measured) would be established at the ultimate right-of-way
line, being 15 ft. south of the currently existing north property line. This base
building line establishment would occur as part of the building permit review process
for construction on the lot.
I hope the above information will meet your needs. If you have any further
questions, please call me at 684-4089.
I Very truly yours,
d~~
David G. Cuffe, C.E. II
Land Development Division
m
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DGC:mk
PLANNING AND
ZONING DfPI
Ref:
GolfRoadmk,mis
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.,: ,::1:his:d,r.i1~ing'not
" ' val.id withou.t aD
, amb03:II~d $CU(.
/t'Y(/?;tJ~; 1////9P'~
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: P'CP/('k/~ff {~d;'~W:
"0 ~."'<;f
DE~RTMENT OF DEVELOPMENT
i. .VlORANDUM NO. PZ 99-164
TO: Sue Kruse
City Clerk
~o?-
FROM: Michael W. Rumpf
Director of Planning and Zoning
DATE: July 12, 1999
SUBJECT: Item 1 - Senior Center
File No. Zoning Code Variance 99-007
Item 2 - Anne Salter & Carrie Mathews
File No. Zoning code Variance 99-004
The legal advertisement for these requests will be forwarded to your office after review by the City
Attorney. The requested variances are scheduled for the August 10, 1999 Planning and
Development Board meeting.
MWR:jma
Attachments
J:\SHRDATA\PLANNINGISHARED\WP\PROJECTS\SENIOR CENTERIlEGAl NOTICE,DOC
REQUEST FOR PUBLISHING
LEGAL NO." ..:S AND/OR LEGAL ADVERTISEME S
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: Plannino and Zonino
PREPARED BY: Michael Rumof
DATE PREPARED: July 12.1999
BRIEF DESCRIPTION OF NOTICE OR AD: Plannino and Develooment Board Public Hearino
Notice for (meetino Auoust 10, 1999): Senior Center & Anne Salter & Carrie Mathews (Center for Self
Discovery)
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Boarder, etc.)
STANDARD LEGAL AD
SEND COPIES OF AD TO: All orooerty Owners within 400 feet of orooerty (oostmarked no later than
July 26. 1999). aoolicant and Plannino and Zonino Director
NEWSPAPER(S) TO PUBLISH:
The Post
DA TE(S) TO BE PUBLISHED: July 26, 1999
LAST DATE TO FAX TO NEWSPAPER BY 3:00 P.M.: July 23. 1999
APPROVED BY:
(1) -:-~ ~ '<:-
(Originator)
7- /~/-lr
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
J;\SHRDA TAIPLANNING\SHARED\WPIPROJECTS\SENIOR CENTERIlEGAl NOTICE. DOC
tJOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following applications have 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 zoning code of said City:
ITEM #1
Owner:
Request:
Location:
Legal:
ITEM #2
Owner:
Request
Location:
Legal:
City of Boynton Beach
Relief from Chapter 2. Zoning, Section 6(C)(3) requiring a 15 foot setback to
allow a 15 foot setback variance, and a zero (0) foot setback for an entrance
awning.
1012 South Federal Highway
PARCELl
LOTS 14, 15, 16, 17, and 21, PARKER ESTATES, a subdivision of the City of
Boynton Beach, Florida, according to the Plat thereof on file in the office of the
Clerk of the circuit Court in and for Palm Beach County, Florida, recorded in
Plat Book 10 at Page 37.
PARCEL II
LOTS 1 and 2, BLOCK B, HATHAWAY PARK, a subdivision of the City of
Boynton Beach, Florida, according to the Plat thereof on file in the office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in
Plat Book 13 at Page 17.
Anne Salter & Carrie Mathews (Center for Self Discovery)
Relief from Chapter 21, Signs, Article III., Section 5.
Requiring a 10 foot setback for a sign to allow a 7 foot Variance, or 3 foot side
setback.
112 S.E. 23rd Ave.
Lot 2, High Point, according to the Plat thereof recorded in
Plat book 23, page 225 of the public records or Palm Beach County, Florida.
A PUBLIC HEARING before the Planning and Development Board will be held relative to the above
applications at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach,
Florida, on Tuesday August 10,1999, 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:
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
THE POST
July 26, 1999
N--TICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following applications have 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 zoning code of said City:
ITEM #1
Owner:
Request:
Location:
Legal:
ITEM #2
Owner:
Request
Location:
Legal:
City of Boynton Beach
Relief from Chapter 2. Zoning, Section 6(C)(3) requiring a 15 foot setback to
allow a 15 foot setback variance, and a zero (0) foot setback for an entrance
awning.
1012 South Federal Highway
PARCELl
LOTS 14, 15, 16, 17, and 21, PARKER ESTATES, a subdivision of the City of
Boynton Beach, Florida, according to the Plat thereof on file in the office of the
Clerk of the circuit Court in and for Palm Beach County, Florida, recorded in
Plat Book 10 at Page 37.
PARCEL II
LOTS 1 and 2, BLOCK B, HATHAWAY PARK, a subdivision of the City of
Boynton Beach, Florida, according to the Plat thereof on file in the office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in
Plat Book 13 at Page 17.
Anne Salter & Carrie Mathews (Center for Self Discovery)
Relief from Chapter 21, Signs, Article 111., Section 5.
Requiring a 10 foot setback for a sign to allow a 7 foot Variance, or 3 foot side
setback.
112 S.E. 23rd Ave.
Lot 2, High Point, according to the Plat thereof recorded in
Plat book 23, page 225 of the public records or Palm Beach County, Florida.
A PUBLIC HEARING before the Planning and Development Board will be held relative to the above
applications at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach,
Florida, on Tuesday August 10,1999, 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:
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
THE POST
July 26, 1999
-~QUEST FOR PUBLISHING
LEGAL NO' ..:S AND/OR LEGAL ADVERTISEME 3
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: Plannino and Zonino
PREPARED BY: Michael Rumpf
DATE PREPARED: Julv 12, 1999
BRIEF DESCRIPTION OF NOTICE OR AD: Plannino and Development Board Public Hearino
Notice for (meetino Auoust 10, 1999): Senior Center & Anne Salter & Carrie Mathews (Center for Self
Discoverv)
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 property (postmarked no later than
Julv 26. 1999), applicant and Plannino and Zonino Director
NEWSPAPER(S) TO PUBLISH:
DA TE(S) TO BE PUBLISHED: Julv 26. 1999
The Post
LAST DATE TO FAX TO NEWSPAPER BY 3:00 P.M.: Julv 23, 1999
APPROVED BY:
(1 )
(Originator)
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
J:ISHRDAT AIPLANNINGlSHAREDlWPIPROJECTS\SENIOR CENTERIlEGAl NOTICE. DOC
DP-f.\RTMENT OF DEVELOPMENT
, .MORANDUM NO. PZ 99-164
TO: Sue Kruse
City Clerk
FROM: Michael W. Rumpf
Director of Planning and Zoning
DATE: July 29, 1999
SUBJECT: Item 1 - Senior Center
File No. Zoning Code Variance 99-007
Item 2 - Anne Salter & Carrie Mathews
File No. Zoning code Variance 99-004
The legal advertisement for these requests will be forwarded to your office after review by the City
Attorney. The requested variances are scheduled for the August 10, 1999 Planning and
Development Board meeting.
MWR:jma
Attachments
J:\SHRDAT A\PLANNINGlSHAREDlWP\PROJECTS\SENIOR CENTER\lEGAl NOTICE.DOC
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #99-124
Staff Report
Planning and Development Board
and
City Commission
Meeting
Date:
May 6, 1999
File No:
ZNCV 99-004 (sign setback from front property line)
Location:
112 SE 23rd Ave
Owner:
Anne Salter / Carrie Mathews
Project
Name:
The Center for Self Discovery
Variance
Request:
Request for a variance from the City of Boynton Beach Land Development
Regulations, Chapter 21, Signs, Article III. Section 5., to allow a nine (9) foot
reduction from the minimum ten (10) foot front setback.
BACKGROUND
The subject property, located on the south side of S.E. 23rd Avenue just east of the intersection
with Seacrest Boulevard, has been used for a medical or professional office since 1981. The
sign identifying this business had been in place for the last 18 years, and as it was located one
(1) foot from the front property line, it qualified as a legally non-conforming, or "grandfathered"
sign (see Exhibit "A" - Location Map).
In October of 1998, the applicant contacted City staff to obtain information relative to sign
replacement. The applicant ultimately applied for the necessary sign permit and, removed the
existing non-conforming sign not realizing the consequences of this action (a newly erected
sign must conform to current regulations). The permit was then denied based on non-
compliance with required setbacks. Exhibit "B" shows the former/proposed location, the
location recommended by staff, and the proposed sign.
This segment of S.E. 23rd Avenue consists of many former single family homes/lots that have
been converted, beginning with the rezoning process, to medical offices. Due to lot constraints,
limited parking facilities occupy most front yards thereby leaving minimal space for site signage.
Most signs in this vicinity do not conform to the minimum setback of 10 feet. Staff viewed
nearby signs and estimates that front setbacks for other site signs within this area range
between one (1) foot and six (6) feet.
Page 2
Center for Self Discovery
File No. ZNCV 99-004
With respect to future right-of-way expansion, the survey provided shows the existence of a 15
foot wide "Proposed Right-of-Way dedication" across the property's front yard running parallel
to SE 23rd Avenue, (see hatched area on survey - Exhibit "C"). An explanation of said 15 foot
right-of-way was required as given its potential affect on the review of this request. The
applicant's explanation is contained in Exhibit "D".
ANAL YSIS
The code states that the zoning code variance can not 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.
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.
(Exhibit "E" contains the applicant's response to the above criteria.)
Staff has conducted this analysis with the assumption, that based on the city's prior approval of
the rezoning of said lots from residential for professional offices, that the city has acknowledged
the potential for certain types of hardships and non-conformities to be exhibited on these lots
along S.E. 23rd Avenue (e.g. parking space deficiencies, signage, building setbacks, etc).
Therefore, staff has focused this analysis on item "e" above, which requires that the request
represent the minimum possible deviation from city regulations. Staff reviewed the site with this
intent, and determined that the variance could be minimized by locating the sign to another
sodded area located along the west side of the property. Rather than requiring a variance from
the front setback, the alternative location would meet the front setback of 1 0 feet, and require a
side setback variance of 7 feet, to allow the sign to be placed 3 feet from the side property line.
Although this alternative may result in the justification for a higher sign, to provide for proper
visibility over the existing hedge, this alternative will minimize the variance required (requiring a
Page 3
Center for Self Discovery
File No. ZNCV 99-004
7 foot variance rather than a 9 foot variance), and will minimize the potential for the sign to
obstruct the vision of exiting patrons. It should be stated that this analysis placed low emphasis
on the issue of potential roadway expansion and the County's thoroughfare plan, as the right-of-
way has not been acquired, the adjacent road is not on the county's road improvement plan, the
expansion of this roadway may never occur, and even if right-of-way was acquired and
expanded the sign could be easily relocated. As indicated on the attached survey (Exhibit "C"),
and described in the letter from the attorney for the applicant, future right-of-way is shown on
the survey but has not been acquired nor dedicated (see Exhibit "D").
RECOMMENDATION
Staff recommends that this request for relief from Chapter 21, Signs, Article III. Section 5 to
allow a 9 foot front setback variance, be denied. As a more acceptable alternative, staff
recommends that the city grant relief from this same code section to allow a 7 foot side setback
variance for a sign to allow the site sign to be placed 3 feet from the side property line. Staff
has not recommended any conditions of approval; however, If conditions of approval are added
by the Board and Commission, said conditions shall be listed in Exhibit "F".
xc: Central File
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