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CORRESPONDENCE DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Building Planning & Zoning Engineerin.g Occupational License Community Redevelopment August 7, 2000 Mr. Mark Wallace Boynton/Federal Development, Inc. 2665 South Bayshore Drive Suite 908 Miami, Florida 33133 // '_'__0'_--../--- Re: , _~ing Confirmation for Eckerd Drugstore (Please see attached Legal Description and Affidavit from Pulice Land Surveyors dated August 01, 2000) NW Comer of Boynton Beach Boulevard and US Federal Highway Location: Dear Mr. Wallace, Please be advised that the above-referenced property is designated CBD, Central Business District, on the City's Official Zoning Map. Per the Land Development Regulations of Boynton Beach, the Central Business District lists pharmacies and drugstores as permitted uses and uses with drive-in service as conditional uses (conditional use approval was granted on October 19, 1999), therefore the proposed Eckerd Drugstore is an approved use. Should you have any questions, please feel free to contact me at (561) 742-6260. Sincerely, ~~.~~J f Director of Planning & Zoning MWR/nl Enclosures J:\SHRDA T A IPlanning\SHAREDlWP\CORRESP\Corresp M thru ZIMiIler Letter,doc America's Gateway to the Guifstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 @ CARNAHAN · PROCTOR · CROSS, INC. 6101 WEST ATLANTIC BLVD., MARGATE, FL 33063 PHONE (954)972-3959 FAX (954)972-4178 E-MAIL: margate@camahan-proctor.com LETTER OF TRANSMITTAL DATE: 10/29/99 TO: Bonnie Miskell Ruden, McClosky, et al 222 Lakeview Ave., Suite 800 West Palm Beach, FL 33401 RE: ECKERD IN BOYNTON BEACH We are sending you attached via overniQht delivery the following items: COPIES DATE NO. DESCRIPTION 2 Site plans Remarks: The attached are for your use, per your request, for the sign variance submittal. BY:~ltO Donna C. West, PSM Planning Manager c: R:\990504\docs\donnaw\lot-misk.doc RUDEN MCCLOSKY SMITH SCHUSTER & RUSSELL, RA. 222 LAKEVIEW AVENUE SUITE 800 WEST PALM BEACH, FLORIDA 33401-6112 ATTORNEYS AT LAW (561) 838-4542 FAX: (561) 832-3036 ESM@RUDEN.COM November 4, 1999 Michael Rumpf City of Boynton Beach Department of Development Planning and Zoning Division 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Re: Variance from the signage regulations to permit two monument signs at the proposed Eckerd development on the north west comer of Boynton Beach Boulevard and Federal Highway "Primeco Property". Enclosed please find: 1. Two sealed surveys, by a registered surveyor in the State of Florida, not over six (6) months old. 2. Two site plans properly dimensioned and to scale. 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, including a tax showing placement of 400 feet boundary. 4. Proof of ownership is on file. 5. Statement of special conditions, hardships or reasons justifying the requested exception or variance. 6. An application fee in the amount of $400.00 plus postage, payable to the City of Boynton Beach. If you have any questions or need additional information, please call. WPB:l02520:1 FORTLAUDERDALE . MIAMI. NAPLES. ST. PETERSBURG . SARASOTA. TALLAHASSEE. TAMPA. WEST PALM BEACH GOVERNMENTAL CENTER - FIFTIi FL()I 301 NORTH OLIVE AVENUE WEST PALM BEACH, FLORIDA 33401 TEL: (561) 355-3230 FAX: (561) 355-3963 GARY R. NIKOLITS, CF A PALM BEACH COUI'ITY PROPERTY APPRAISER MEMORANDUM BILLING TO:ESTEV AN MUNIZ TELEPHONE: (561) 838-4536 FROM: PALM BEACH COUNTY PROPERTY APPRAISER, CUSTOMER SUPPORT DATE: November 2,1999 LISTED BELOW ARE CHARGES FOR DATA PROCESSING COSTS ASSOCIATED WITH THE PRODUCTION OF YOUR REQUEST. PLEASE MAKE YOUR CHECK PAYABLE TO: PALM BEACH COUNTY PROPERTY APPRAISER. HOURS SECONDS LINES I/O $7.60 $1.03 55 $0.28 $1.00 MAP #501 TOTAL AMOUNT DUE: $9.91 I CERTIFY THAT I HAVE CALCULATED THE MEMORANDUM BILLING AND TO THE BEST OF MY KNOWLEDGE IT IS A TRUE AND CORRECT RENDERING OF COSTS INCURRED BY THIS ?F:Im ^ \ ^ \ \, '. SIGNEDV ~ 0.. \.-\ (' ~~ () DATE November 2. 1999 REV: 3/25/98 AUTH E/R GLADES AREA OFFICE 2976 STATE ROAD 15 BELlE GlADE, FL 33430 TEL: (561) 9964890 FNC (561) 99&1661 · NORTI-I COlJN1Y' OFFICE · 3188 PGA BLVD. PJ\L\.l BEAcH GAADE'NS, FL 33410 TEL: (561) 624-6521 FAX: (561) 624-6565 ROYAL PALM BEACH OFFICE · I 1500 OKEECHOBEE BLVD.. STE. A ROYAL PJ\L\.l BEACH, FL 33411 TEL: (561) 790600 I FAX: (561) 790-60 10 SOlJfH COUNTY OFFICE SOl S. CONGRESS AVE. DEIR\Y BEACH, FL 33445 TEL: (561) 276-1250 FNC (561) 276-1278 ~ '. . City of Boynton Beach Department of Development Planning & Zoning Division 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Fax Number (561) 742-6259 TECHNICAL REVIEW COMMITTEE DEPARTMENT REPRESENTATIVE REPRESENTIA TIVE'S TELEPHONE FAX NO DESIGNEE NO. Engineering Ken Hall 742-6283 742-6357 Building Don Johnson Mike Haag 742-6350 742-6357 Fire Department William Bingham Bob Borden 735-0272 742-6334 Police Department Marshall Gage Ofc. Robert Riggle 742-6163 742-6185 Utilities John Guidry Pete Mazzella 742-6404 742-6298 Public Works Larry Roberts AI Kim 742-6206 742-6211 Parks & Recreation John Wildner 742-6226 742-6090 Forester/Environmentalist Kevin Hallahan 742-6227 742-6090 Planning & Zoning Michael W. Rumpf, 742-6260 742-6259 CHAIRMAN d: \share \wp \agendas \trc\m brlist\mem bers. wpd revised 11/03/98 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: As discussed above, other corner properties have the ability to locate signage at the intersection allowing visibility from both thoroughfares. If this Variance is not approved, the Applicant would be deprived of visibility as to one (1) thoroughfare with one (1) sign allowed on one (1) thoroughfare. That action would result in less visibility because of a condition requiring construction of a gazebo on the intersection. Other properties similarly situated would have visibility from both thoroughfares enabling access to the Sites using either opening. The location of the signage facilitates traffic movements, reduces U-turns and misapproaches, and provides for better convenience to those patrons utilizing the facility. E. That The Variance Granted Is The Minimum Variance That Will Make Possible The Reasonable Use Of The Land, Building Or Structure: The Applicant is asking for an additional monument sign in conformance with all other regulations relating to size and setback. During the Site Plan approval, the Applicant agreed that signage would not be greater than six feet (6') in height and represented on the Plan where that proposed signage would be located. Under the Code one (1) sign is already permitted. The second sign on Boynton Beach Boulevard is being requested, and is the minimum Variance needed to address the reduced visibility resulting from the location of the gazebo at the corner. F. That The Granting Of The Variance Will Be 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: The purpose of the signage regulation for the City of Boynton Beach is to create the frame work for "a comprehensive and balanced system of sign control." The Code recognizes the need for the appearance of the Community and the "need for adequate business identification, advertising and communication." By agreeing to construct the gazebo, it is clear that the Applicant is committed to maintaining an attractive appearance in the Community, and is going above and beyond what other property owners and developers have done to achieve that goal. At the same time, the developer should not be penalized for going beyond the Code and dedicating property to the City to beautify the intersection of Federal Highway and Boynton Beach Boulevard. The addition of a new sign will equalize the loss of the most visible portion of the Subject Property which is the intersection of Boynton Beach Boulevard and Federal Highway. By locating the signage near the entrance to the Subject Property, the City will achieve its goal to promote the general welfare, as well as providing convenience for the public without detracting from the overall appearance of the Subject Property. The signage will not disrupt or interfere with any of the landscaping that has been proposed. Also, as was shown on the Site Plan, FTL:629858:1 the location of the sign is in a location that is not injurious to the area involved, and would not be detrimental to the public welfare. As is represented in Paragraphs A through F, the Applicant believes that it has met the burden for justifying the approval of the Variance, and is requesting that the City allow the developer to be on par with others similarly situated with signage that is visible from both thoroughfares. FTL:629858:1