REVIEW COMMENTS
8.A.1
MERRILL LYNCH
ZONING CODE VARIANCE
DEVELOPMENT SERVICES DEPARTMENT
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 187 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 "B" - 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 187 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 "D" - 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
I
Page 2
Memorandum No. 97-587
Merrill Lynch - sign variance
Case No. 245 -staff report
South -
Right-of-way of the northern access driveway to the
Boynton Beach Mall.
East -
Congress Avenue right-of-way and farther east is
undeveloped land, zoned R-1AA
West -
Boynton Beach Mall, zoned C-3
ANAL YSIS
The City of Boynton Beach Land Development Regulations, Chapter 21 - Signs, Article IV,
Section 2.C, sets out the following limitations for wall sign area:
"One (1) or more fixed projecting or flat wall sign(s) which advertises the use of the
premises, provided that for the projecting sign, the sign and its supports shall not
extend more than three (3) feet beyond the face of the wall, nor shall either sign
extend above the parapet of the building or beyond the building comers. The
maximum area for this signage shall be one and one half (1-1/2) square feet of
area for each one (1) foot of linear building frontage.
Since the sum building frontage is 100 feet, the allowable wall sign area is limited to 150
square feet. Republic Security Bank has two existing wall signs totaling 127.76 square
feet which leaves 22.24 square feet of the allowed wall sign area available for Merrill
Lynch.
Article II, Section 1.A of Chapter 21 states that the Board may grant sign variances to:
" Allow the area and/or height of a sign to be increased by up to twenty-five (25)
percent of the maximum allowable height or area. "
Therefore, the maximum allowable (by variance) wall sign area for this building is 187.5
square feet, which is more than the proposed 186 square feet. According to the petitioner,
the 22.24 square feet of the wall sign left for Merrill Lynch, significantly limits the visibility
of the proposed sign and presents a hardship for the petitioner. The petitioner's position is
further elaborated in Exhibit liE" - Statement of Special Conditions.
The code states that zoning code variances cannot be approved unless the board finds the
following:
~
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 Lynch\ZNCV\staff rep-245-mer-lynch-2.doc
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EXHIBIT "c"
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EXHIBIT "0"
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APPLICATION ACCEPTANCE Dt -
RECEIVED BY E'- ~-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 Type
Submittal Date: //0/30 I r ~
/ '
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) GCJ {p 0
Block ((/ / S-
Plat Book 99 R c(
Subdivision
-
OS
Page / c:< [3 I or otherwise described as follows:
Property Address / SQ / A./. f?o^-/9..eE ss.
A t/ t=.-- .
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 surveys 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 plans properly dimensioned and to scale showing:
//'
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
D. 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 agent is submittina the petition. a notarized copy of a letter desianatina 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;
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;
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 $100.00 for each additional Code section.
/~
Page 3
Zoning Code Variance Application
7. Name and address of owner: e~-rEte.BdRV KE'lL7( c7a9'~ G4V' 81.//1) /lIst!
.. ;8'oe~ ~ro7V
8. Name of applicant: E J;e.er,eO/J7 6 b ~ A 2NC!. 'cG
A I t' dd -; CJ --' ~ ....,.., h ~ '""'i # /l ~ J #/ -;;:;> .-""'Ih' -: ~ ~ - }
pp ican sa ress: ex /c;;rC,./ / ~. e,..v. c;;;} ,-c,v ....Q.UVT(" ~~ ,c.-,J../
Applicant's phone #: 4:, I - .:s <;/? - ~c;>O I
Date: /rD/so/ ~ 7
/ /
Signature of Applicant"
TO BE COMPLETED BY THE BUILDING OFFICIAL OR REPRESENTATIVE
2.
1.
Property is presently zoned:
formerly zoned:
Property Control Number:
3.
D~ni~1 was ~ade upon e~isting zoning or s;gn requirEffllents (Iis,t sec!ion(s) of ~ode from which
relief IS reqUIred): L [)42 I G-...arCA/ (~ I " .A It!:, IV ~/e.',"tl.ov,-$: u
4.
Nature of exception or variance required: : .1\ c~. i V\
VNtV 0lJL .:;( (;0 0,
. i01' ~. f4'. (25~,1
Date: Q G.( g I ~ ,;1
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Case Number: ,2,(1 q ,
/,l.T'/tJ I')/Y'C
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Permit denied - Building Department
v
1(.?.-0
5.
Meeting Date:
13'
EXHIBIT "E"
/1
f (-
(;) 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
1ypically 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 1ype 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.
I~
2920 N.W. 2ND AVENUE, #1 . BOCA RATON. FL 33431 . (581] 347-0201 . (8CXJ] 828-7292 . [561 J 347-0203 FAX
EXHIBIT "F"
It,
EXHIBIT "F"
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 97-011. Case No. 245.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
1. The maximum wall sign area that can be granted by variance is 186
square feet (1.5 square feet beyond what the applicant is requesting).
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
3. To be determined.
/bme
s:\projectslcond of appr\
/7
-- DEVELOPMENT ORDER
CITY 0F BOYNTON BEACH, FLORIDA
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
-L 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 "B" with notation "Included".
4. The Applicant's application for relief is hereby
_ 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.
7. Other
DATED:
City Clerk
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Merrill Lynch\ZNCV\DEVELOPMENT ORDER.doc
Ie
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6,1998
3. Award Bid #020-211-98/CJD "Leasing of Five New and Used Vehicles" to
Mears Motor Livery Corporation of Orlando, Florida, in the amount of
$2,400 per month for a total yearly cost of $28,800
4. Award Co-Op Anhydrous Ammonia Bid #011-401-98/SP to Tanner
Industries, Inc., of Philadelphia, Pennsylvania, in the amount of $5,520
5. Award bid for Cleaning, Sand blasting and Painting of a Steel and
Concrete Potable Water Clarification Basin (Infilco Accelator) - Bid #013-
401-98-SP to INCLAN PAINTING CORP., Miami, Florida, in the amount
of $34,900.
C. Resolutions:
1. Proposed Resolution No. R98-01 Re: Authorizing the Mayor to
execute an agreement with Big Beat Productions, Inc., in the amount of
$4,050 for the Winter/Spring "Tunes in Town" concert series ($3,250) and
Black Awareness Day ($800)
2. Proposed Resolution No. R98-02 Re: Authorizing the Mayor to
execute an agreement with the non-profit organization, Boynton Beach
Kiwanis Club, to sell popcorn, soda beverage and bottled water at the
1998 Boynton Beach G.A.L.A. on March 20, 21, and 22,1998
3. Proposed Resolution No. R98-03 Re: Authorizing the Mayor to
execute an agreement with Morgan Entertainment, Inc., to provide a
variety of music entertainment for public recreation and enjoyment during
the 1998 G.A.L.A. festival to be held on March 20, 21, and 22, 1998
4. Proposed Resolution No. R98-Q4 Re: Authorizing the Mayor to
execute an agreement between the City of Boynton Beach and Derrick
Reid of Music for All Occasions, to provide D.J. services at Black
Awareness Day
5.
Proposed Resolution No. R98-05 Re: Supporting the
League of Cities, Inc. 's Constitution Revision Resolution
Florida
D. Ratification of Planning & Development Board Action:
\//1. Request by Canterbury Realty for a variance from the LDRs, 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 at
1301 North Congress Avenue (Merrill Lynch) l---
/
/ c 2. Boynton Beach Mausoleum, Inc. request for a variance to Chapter 2 -
Zoning, Section 5.J.2 of the LDRs to allow a reduction of the minimum
side yard setback requirements from 30 feet to 10 feet
5
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6, 1998
3. Boynton Beach Development Corporation request to amend Chapter 21 -
Signs of the Land Development Regulations, to exclude from the
definition of roof signs and roof top signs, signs placed on parapet walls.
E. Approval of Bills
A copy of the bills is attached to the original set of minutes on file in the City Clerk's Office.
F. Approve Task Order #33A submitted by CH2M Hill in the amount of $30,671 for
the preparation of detailed site improvement construction drawings for Phase
One of the East Water Treatment Plant expansion project.
G. Approve the reconstruction/repair work for the fire property loss at Pioneer Park
be performed by ERS, of Pompano Beach, Florida, in the amount of $27,698.
H. Approve annual purchase order with Enviroguard Systems, Inc., for landscape
maintenance on 1-95 right of-way at the Boynton Beach Boulevard Interchange at
a total cost of $16,000 through the end of this fiscal year
I. Approve Change Order #18 for John C. Cassidy Air Conditioning for additional
work on the first floor of the West Wing in the amount of $46,975
J. Approve Public Works' request to purchase 27 vehicles that include seven (7)
Crown Victorias, one (1) S-10 Blazer, three (3) four-door wagons, five (5) mid-
size four-door sedans, four (4) Chevrolet Y2 ton pickup trucks, four (4) GM one-
ton pickup trucks, one (1) Ford E150 cargo van, one (1) 1998 Chevrolet
extended cargo van, and one (1) GM one-ton HD Chassis Cab. All vehicles,
including options, will be purchased from State Contract #070-001-96-1 at a total
cost of $483,047
K. Approve proposal from Wynn & Son Environmental Construction, Inc., for the
pathway resurfacing at Boynton Beach Memorial Park (Cemetery) for a total cost
of $42,365 (piggybacking Palm Beach County Bid #98054)
L. Expand Pilot Program for Garbage Carts into an additional neighborhood -
Golfview Harbour
Motion
Commissioner Tillman moved to approve the Consent Agenda as presented. Vice Mayor
Titcomb seconded the motion that carried unanimously.
v. CITY MANAGER'S REPORT:
A. Schedule of workshop meetings with Commission and plHnning consultants
City Manager Willis requested monthly workShOps with the Commission and the planning
consultants to be scheduled for mid-February, mid-March, mid-April, and mid-May. This will
take the final schedule through mid-May rather than May 1 st.
6