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 Manager's Office
0 December 16, 1997 December 5, 1997 (noon) 0 February 17, 1998 February 6, 1998 (noon)
IZI January 6, 1998 December 19, 1997 (noon) 0 March 3, 1998 February 20, 1998 (noon)
0 January 20, 1998 January 9, 1998 (noon) 0 March 17, 1998 March 6, 1998 (noon)
0 February 3, 1998 January 23, 1998 (noon) 0 April 7,1998 March 20, 1998 (noon)
RECOMMENDATION: Please place the request below on the January 6, 1998 City Commission meeting agenda under
Consent - Ratification of Planning and Development Board Actions. The Planning and Development Board with a 6-0 vote,
recommended denial of the variance to allow an increase in the allowable square footage of a wall sign from 150 square feet
to 186.26 square feet. The first code requirement for being granted a variance is there must be a hardship, It is the rmding
of staff that the applicant experiences no hardship in this situation, This conclusion, in general, is based on fact that the
existing or the proposed sign could be reduced to comply with city regulations, and simultaneously meet minimum
advertisement needs. For further details pertaining to this request, see attached Planning and Zoning Memorandum No, 97-
587.
EXPLANATION:
PROJECT: Merrill Lynch
AGENT: Electromedia, Inc.
OWNER: Canterbury Realty
LOCATION: 1301 N. Congress Avenue
DESCRIPTION: Request for a variance to Chapter 21 - Signs, Article IV, Section 2,C of the Boynton Beach Land
Development Regulations to allow an increase in the allowable square footage of a wall sign from 150
square feet to 187 square feet.
PROGRAM IMP ACT: NI A
FISCAL IMPACT: NI A
ALTERNATIVES: N/A
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Department Head's Signature
City Manager's Signature
Development
Department Name
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Planning and Zon~g Director
S:\BULLET\N\FORMS\AGENDA ITEM REQUEST FORM,DOC
DEVELOPMENT SERVICES DEPARTMEN'r
PLANNING AND ZONING DIVISION
MEMORANDUM #97-587
STAFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
Meeting
Date:
December 9, 1997
Petition:
Case No. 245
File No:
ZNCV 97-011
Location:
1301 N, Congress Avenue (Merrill Lynch)
Owner:
Canterbury Realty
Project
Name:
Merrill Lynch
Variance
Request:
Variance from the City of Boynton Beach Land Development Regulations,
Chapter 21 - Signs, Article IV, Section 2,C to allow an increase in the
allowable square footage of a wall sign from 150 square feet to 186,26
square feet.
BACKGROUND
The subject property, Merrill Lynch/Republic Security Bank, is located on the west side of
Congress Avenue and just south of Cooker Bar and Grille restaurant, see Exhibit "A" -
Location Map and Exhibit liB" - Survey, The property is zoned C-3, General Commercial
District. The subject site contains a multiple tenant building,
The petitioner is proposing two wall signs located on the east and north elevations of the
existing building, see Exhibit "C" - Building Elevations, Since the proposed total sign area
is 186.26 square feet, which is more than the 150 square feet remaining and allowed for
this building, the Building Division denied the sign permit. Subsequently, the property
owner filed a sign variance application with the city, see Exhibit "0" - Application,
The following is a description of the zoning districts and land uses of the properties that
surround the subject property:
North -
Cooker Bar and Grille restaurant, zoned C-3
Page 3
Memorandum No, 97-587
Merrill Lynch - sign variance
Case No, 245 -staff report
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.
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.
xc: Central File
J:\SHRDA T A \Planning\SHARED\WP\PROJECTS\Merrill L ynch\ZNCV\staff rep-245-mer-lynch-2,doc
EXHIBIT "A"
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EXHIBIT "0"
II
APPLICATION ACCEPTANCE OJ.
RECEIVED BY~. 'FF 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 Tvoe
Submittal Date: /'0/30/9 '1
/ '
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):
Property involved is described as follows:
Lot(s) C)c:J (p 0
Block 0/ S-
Plat Book 99 R c(
I Subdivision
O~
Page / c::< [3 I or otherwise described as follows:
Property Address / S Q / Ai'. ~n^19.ee- s: S
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Variance requested
The following documents are required to be submitted with this application to form a single package,
Incomplete 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. Number of acres to the nearest one-hundredth (1/100) of an acre
J, Location sketch of property
K, Surveyor's Certificate
2, Two site clans properly dimensioned and to scale Ghowing:
/A
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
0, 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 submittina the petition, a notarized COpy of a letter desiQnatina 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 orint or
tvoe):
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;
0, 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,
6, 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.
/3
Page 3
Zoning Code Variance Application
7. Name and address of owner: eAA.i'lEte..BL'JRY 'KE"/iL7f O?dPS- Coe:;. 8i.//~ d/.:3t.(
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8, Name of applicant: E he.er.eO 1?7 e b I A 2Ne, 'cG
Applicant's address: 02 9cRO n. a/. a naI Av -# I
Applicant's phone #: 4:J I - :s 9'" '7 - (!;JOlO I
6061'1- ~~JJ
Date: /v/5o/~ 7
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Signature of Applicant:
TO BE COMPLETED BY THE BUILDING OFFICIAL OR REPRESENTATIVE
1,
Property is presently zoned:
formerly zoned:
2,
Property Control Number:
3,
Denial was made upon existing zoning or s~n requirements (list sec!ion(s) of Code from which
relief is required): L ~ ,C~.aCAI /'>'-1 A 1ft IV ~'-::'.z'.CI.OV\ ~ C;,
Ii
4,
Nature of exception or variance required:
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Case Number: ,') ?'1 q ,
Permit denied - Building Department
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Meeting Date:
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EXHIBIT "E"
IS
r:
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~ ELECTRDMEDIA. INC.
~ CUSTOM DESIGNED SIGNS -
STATEMENT OF SPECIAL CONDITIONS
A) Special conditions exist which are peculiar to this property. Due to the number
of tenants in the building and the size of the existing free standing sign the
petitioner is unable to receive necessary exposure,
B) The special conditions existed prior to the petitioner. An existing tenant has
already used the appropriated square footage for signage on the building.
C) The granting of this variance would not allow for any more signage than is
typically allowed for an anchor tenant of this size.
D) The literal interpretation of the provisions of the code with regard to this issue
would prevent the petitioner from obtaining the necessary exposure to conduct
their particular type of business.
E) The variance is a minimum to make possible the necessary exposure. The
variance request is for only 25% of the available lettering area,
F) The granting of this variance will be in complete harmony with the general
architecture of the building.
/0
2820 N,W. 2ND AVENUE, #1 . SOCA RATON, FL 33431 ' (581) 347-0201 ' (80D] 828-7282 ' (581 J 347-0203 FAX
EXHIBIT "F"
/1
EXHIBIT "B"
Conditions of Approval
Project name: Merrill Lynch
File number: ZNCV 97-011, Case No. 245 (sign size)
Reference: Application with a October 30. 1997 date. File # ZNCV 97-01 L Case No. 245.
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/ENVIRONMENT ALIST
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.
Ibme
I:\SHRDA T AIPLANNING\SHAREDIWP\PROIECTSIMERRlLL L YNCH\ZNCV\COND. OF APPROV ALDOC