APPLICATION
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CITY OF BOYNrON BEACH
BOARD OF ADJUSTMENT APPLICATION
Submittal Deadline: Five (5) weeks before meeting date
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Please print or type
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Submittal date: 6/a/~2
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The undersigned owner(s) hereby respectfully petition(s) the Board of
Adjustment to grant to petitioner(s) a special exception or variance to
the existing Zoning or Sign Code of said City pertai.ning to the
property hereinafter described and in support thereof state(s): ~
I jJJ r. 'A'
Property involved is described as follows: Lot(s) SRR ATTA~g~n~~' ~
Block t , Subdivision SEE ATTACHED ("'iA,'h:!)r ,
: . Page */:t:/il ~r o~h~rwis~/escrib~d as fOl1~WS:
Property Address BEE dT'l'J\"Il!fl ~~ktI '1' 32"Z> &, {o1r6S /f/E.
~be following documents are required to .be submitted with this
application to form a single package. Incomplete package will not be
accepted:
1..
A sealed survey by a registered surveyor in th~ ~~ate of Florida,
not C?ver six (6) months old, indicating: (~h:b:t BJ .
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
A site plan properly dimensioned and to scale Sh~ing:~~~hib;/c)
A. All proposed stru.s:tures _
B. All existing struc~res tnat are t~ remain on site
C. Setback lines for all structures drawn perpendicular from the
properly 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 reco~ded in the County Courthouse. Such list
shall be accompanied by an Affidavit (see attached) stating that to
the best oJ the ~p~cant' s knowledge, said list is complete and
accurate. (<2.)fh~~1 D)
4. Proof of ownership of property by peti tioner (s), such as deed or
purchase contract agreement. If an agent is submitting the
etition a notarized co of a le ter desi natin him as such must
accompany the petition. ~}I ~b; e .
5. Statement of special: conditions, hardships or reasons justifying
the requested exception or variance. Respond. to the six (6) t ~
questions below (A-F) on a sepa~ate sheet (Please print or typel~~k ~)
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;
2.
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B;)J.1U') OF Jl.DJUSTMEHT APPLICATION
Page 2
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 'an 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.
Application fee in
Boynton Beach, must
7.
Name and address of
the amount of $275, payable 110 Jhe
accompany this petition. (c-X#:b~~
owner: . . : ) e
ci ty of
8. Name of applicant:
Applicant's address:
Applicant's phone I: .
Date: ~'// 2.))2 Signature of Applican . (
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To be completed by the Building Official or Representative
1. Property is presently zoned:
C-3
Formerly zoned:. _C-1
2. Property Control Number: 08-43-45-20-01-000-0570
3. Denial was made upon existing 'zoning or sign requirements (list
sections [s] of Code 'ftbm which'--relief is required):
..
Chapter 21 Section 21-26 (b)Siqns Permitted and Requlated ~or Shopping ctr~
4. Nature of exception or variance required: To increase the maximum
freestandinq siqn heiqht of twenty (20) feet to twenty-five (25) feet.
Date:
n/a
Permit denied: n/a
Planning and Zoning Department
s. Case NWt'ber:
168
Meeting Date: July 13, 1992
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_________v,__________~__________________________________________________
To be filled out by Board.
BO~ OF ADJUSTMENT ACTION: Approved X
Aye 5
Denied
. Nay .J..-.
Stipulations:
Signed:
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BOARD OF ADJUSTMENTS STATEMENT OF SPECIAL CONDITIONS
A. That special conditions and circumstances exist which are peculiar to the land, structure or
building involved and which are not applicable to other land, structure or building in the same
zoning district;
The present LANDSCAPE along the frontage of the property, Congress Avenue, has been required by
the City of Boynton Beach to include hedge material and trees, which because of type and size
requested, will obstruct the visibility of the shopping centers pylon sign. If the owners are required to
lower the pylon sign 5 feet, the pylon visibility will be substantially reduced, making any new additional
name panels invisible.
In order to accept the lower pylon sign height, it would be necessary to request a permit to remove all
the frontage trees along Congress Avenue that would block the visibility of the pylon sign.
B. That the special conditions and circumstance do not result from the actions of the applicant;
The owner believes that its actions to add additional names to the present pylon sign while not adding
or increasing to the pylon sign square foot area, do not exceed any other property owners rights.
The owner should have the continued use of the present height of the pylon sign as a result of making
the name changes until the 1996 reduced height requirements take effect.
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.
The owner of the property will not gain any special privileges or advantages beyond what any other
shopping center already has, by leaving the pylon sign at 26 feet.
We feel that by adding additional names to the pylon and by not exceeding the 160 square foot area,
we will not be in excess of the current sign code. The owner should not be at a disadvantage for the
next 4 years by having to lower the height of the pylon sign because of the addition of new tenant name
panels.
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D. That literal interpretation of the provision of this chapter would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the
ordnance and would work unnecessary and undue hardship on the applicant.;
The owner would be deprived of the rights being enjoyed by shopping centers in the same zoning
district by not allowing for the pylon sign to be fully visible, functional, at the maximum height allowed
before the 1996 height restriction take effect.
E. That the variance granted is the minimum variance that will make possible the reasonable use
of the land, building or structure;
If the variance is granted, reasonable use of the land will be continued in that it will allow the owner to
fulfil its original intention, that being to operate and to lease commercial retail space in the market
place on a competitive basis with surrounding shopping centers. Imposing height restrictions on the
pylon sign will decrease the ability to lease presently vacant space to strong, reliable, national tenants
providing long term income to the owners and tax dollars to the community.
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 other wise
detrimental to the public welfare.
Its our belief that the granting of the variance will be in harmony with the general intent and purpose of
the sign code. We are not asking for more square foot area. We are asking that our sign have the
proper height to be visible to our prospective patrons, so as to provide information and freedom of
choice to our drive~by traffic. With this in mind, we do not believe that this request would be injurious
to the area or the public welfare.
RESPECTFULLY SUBMITTED
J.J. GUMBERG COMPANY
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1009 NEWM/I.t! I'C' 'J
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TEL: (407) e-:3-, . ':j
FAX: (40i) 0413, ::-~', '
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OFFICE OF THE CITY CLERK
MEMORANDUM
TO:
See Below
DATE: July 6, 1992
FROM:
Sue Kruse
City Clerk
RE: Massachusetts Mutual Life
Ins. Co. Application to
Board of Adjustment - Case #168
Attached please find copy of a letter received from Mr. Richard Wheelihan,
Assistant Manager of the Lake Worth Drainage District, relative to the
variance request of Massachusetts Mutual Life Ins. Co.
~Lh ~1~L~
SK:slb
cc: R. Eney
J. Miriana
T. Newton
H. Solomon
V. Thompson
B. DIeck
P. Slavin
Nella Tineri
C. Cutro
M. Haag
City Attorney
~GElVbD
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LAKE WORTH DRAINAGE DISTRICT
~___~~~~~."----'A~~'J
13081 MILITARY TRAIL
DELRAY BEACH, FLORIDA 33484
June 29, 1992
Ms. Suzanne M. Kruse, City Clerk
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33425
Re: Board of Adjustment
Case #168
Massachusetts Mutual Life Insurance Company
Dear Ms. Kruse:
The legal description set forth in the Notice of Public
Hearing did not identify a canal easement over the South
25.00 feet of the property. This Easement is recorded in
O.R.B. 5128 P. 36 public records of Palm Beach County,
Florida.
If the sign is located within this 25 foot easement, we
must object. If it is not, we have no comment on this
ma t te r .
Thank you for the opportunity to review this request.
Sincerely,
LAKE WORTH DRAINAGE DISTRICT
{2tJ ..l t<dd4-
Richard S. Wheelihan
Ass1t. Manager
RSW: jma
Delray Beach & Boca Raton 498-5363
Boyn.,n Beach & West Palm Beach 737-3835 . FAX (407) 495-9694
BOatd or Supervisors
C. Stanley Weaver
Kermit Dell
John I. Whitworth III
Secretary/Manager
William G, Winters
Assistanll.4anager
Richard S, Wheelihan
Morney
Perry & Schone. PA
..
M E M 0 RAN DUM
June 15, 1992
TO: Sue Kruse, City Clerk
FROM:
Michael E. Haag, Zoning a~ Development
Board of Adjustment Cases #168 nd #169
Administrator
RE:
Accompanying this memorandum you will find a copy of the
applications and supporting documentation for the above
referenced requests. Checks in the amount of $275.00 to cover the
review and processing of these applications have been forwarded
to the Finance Department.
The legal advertisements for these requests will be forwarded to
your office after review by the City Attorney and City Manager.
E. Haag
XC: Project File
7) Lvk-,-~ J.Iv aj
NOTICE OF PUBLIC HEARING
.N01'~CE IS HEREBY GIVEN that the following application has been made to
the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH, FLORIDA, for the
variance as indicated, under and pursuant to the provisions of the Zoning
Code of said City:
Case #168
Owner: Massachusetts Mutual Life Insurance Company
Requested
Variance: Chapter 21 Section 21-26(b) A request to increase the
maximum free standing sign height of twenty (20) feet
to twenty-five (25) feet.
Proposed Use: n/a
Location: Oakwood Square-Congress Avenue Main entrance
Legal
Description:
A portion of Tracts 61 and 67, inclusive, as shown on the Plat of the
Subdivision of Sections 29 and 20, Township 45 South, Range 43 East
according to the Plat thereof, as recorded in Plat Book 7, at Page 20, of
the Public Records of Palm Beach County, Florida, being more particularly
described as follows:
BEGIN at the Southeast corner of said Tract 61; thence South 87049'24"
West, along the South line of said Tract 61, also being the South line of
said Section 20, for 567.98 feet; thence North 00057'37" West, along a
line 60 feet East of and parallel with the West line of said Section 20,
said line also being the East right-of-way line of Congress Avenue, for
1154.42 feet; thence North 44038'53~' East for 35.73 feet; thence South
89044'37" East, along a line 20 feet South of and parallel with the
Nootherly line of said Tracts 67, 66 and 67 for 542.98 feet; thence South
00 56'00" East, along the East line of said Tracts 61 through 65,
inclusive, for 1155.82 feet to the POINT OF BEGINNING.
Also described as follows:
Lots 61, 62, 63, 64 and 67, less the West 50 feet thereof, and less the
North 20 feet of Lot 67, Lots 65 and 66, less the North 20 feet thereof,
and less those portions as described in Official Records Book 3689, Page
1114, and in Official Records Book 3723, Page 571, of the Public Records
of Palm Beach County, Florida; all being in the Subdivision of Sections
29 and 20, Township 45 south, Range 43 East, 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 7, Page 20.
A PUBLIC HEARING will be held relative to the above application by the
BOARD OF ADJUSTMENT at City Hall, Commission Chambers, Boynton Beach,
Florida, on Monday, July 13, 1992, at 7:00 P.M.
Notice of a requested variance is sent to property owners within 400 feet
of the applicant's property to give them a chance to voice their opinion
on the subject. Comments may be heard in person at the meeting or filed
in writing prior to hearing date. If further information is desired,
call 738-7408, City Clerk's Office.
All interested parties are notified to appear at said hearing in person
or by attorney and be heard. Any person who decides to appeal any
decision of the Board of Adjustment 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
SUZANNE M. KRUSE
CITY CLERK
RECEIVED
PUBLISH: BOYNTON BEACH NEWS
June 25 and July 2, 1992
JUN ~!1
PLANf'Jil~G LEPT.
-
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 eight (8) working
days prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: Planning and Zoning Department
PREPARED BY:
Mike Haag
DATE PREPARED: 6/12/92
BRIEF DESCRIPTION OF NOTICE OR AD:
#168
Board of Adjustment Case
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
Standard Legal Ad
SEND COPIES OF AD TO: property owners within 400' radius of
subject property and applicant
NEWSPAPER(S) TO PUBLISH:
DATE(S) TO BE PUBLISHED:
To be determined by City Clerk
To be determined by City Clerk
APPROVED BY:
( 1 ) a -L_l 6A ~
( De~~-~~'"H;~d)
,~ iQ-
(Da e)
( 2 )
(City Attorney)
(Date)
( 3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
A:REQPUB.SDD
\ .'
NOTICE OF PUBLIC HEARING
NO~ICE IS HEREBY GIVEN that the following application has been made to
the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH, FLORIDA, for the
variance as indicated, under and pursuant to the provisions of the Zoning
Code of said City:
Case #168
Owner: Massachusetts Mutual Life Insurance Company
Requested
Variance: Chapter 21 Section 21-26(b) A request to increase the
maximum free standing sign height of twenty (20) feet
to twenty-five (25) feet.
Proposed Use: n/a
Location: Oakwood Square-Congress Avenue Main entrance
Legal
Description:
A portion of Tracts 61 and 67, inclusive, as shown on the Plat of the
Subdivision of Sections 29 and 20, Township 45 South, Range 43 East
according to the Plat thereof, as recorded in Plat Book 7, at Page 20, of
the Public Records of Palm Beach County, Florida, being more particularly
described as follows:
BEGIN at the Southeast corner of said Tract 61; thence South 87049'24"
West, along the South line of said Tract 61, also being the South line of
said Section 20, for 567.98 feet; thence North 00057'37" West, along a
line 60 feet East of and parallel with the West line of said Section 20,
said line also being the East right-of-way line of Congress Avenue, for
1154.42 feet; thence North 44038'53" East for 35.73 feet; thence South
89044137" East, along a line 20 feet South of and parallel with the
Nootherly line of said Tracts 67, 66 and 67 for 542.98 feet; thence South
00 56'00" East, along the East line of said Tracts 61 through 65,
inclusive, for 1155.82 feet to the POINT OF BEGINNING.
Also described as follows:
Lots 61, 62, 63, 64 and 67, less the West 50 feet thereof, and less the
North 20 feet of Lot 67, Lots 65 and 66, less the North 20 feet thereof,
and less those portions as described in Official Records Book 3689, Page
1114, and in Official Records Book 3723, Page 571, of the Public Records
of Palm Beach County, Florida; all being in the Subdivision of Sections
29 and 20, Township 45 south, Range 43 East, 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 7, Page 20.
A PUBLIC HEARING will be held relative to the above application by the
BOARD OF ADJUSTMENT at City Hall, Commission Chambers, Boynton Beach,
Florida, on Monday, July 13, 1992, at 7:00 P.M.
Notice of a requested variance is sent to property owners within 400 feet
of the applicant's property to give them a chance to voice their opinion
on the sUbject. Comments may be heard in person at the meeting or filed
in writing prior to hearing date. If further information is desired,
call 738-7408, City Clerk's Office.
All interested parties are notified to appear at said hearing in person
or by attorney and be heard. Any person who decides to appeal any
decision of the Board of Adjustment 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
SUZANNE M. KRUSE
CITY CLERK
PUBLISH:
A: LEGALAD. DOC
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MassMutual
ReIll E~t"'e I tlwstme"t
W5U CrowlI 1>oillw PurkWll.V SI4;14' J 7()(}
At/ull/a G'A .w-us
4()4804-8484
FAX 404 804-0911
June 8. 1992
City of Boynton Beach
Board of Adjustment
Boynton Beach. FL
Gentlemen:
Massachusetts Mutual Life Insurance Company ("Mass Mutual") is tbe owner of
Oakwood Square Shopping Center, Boynton Beach, Florida (the "Center").
This will confirm tbat J.J. Gumberg Co. is Mass Mutual's managing agent with
respect to the Center and is authorized to sign and submit to you, on Mass Mutual's
behalf. a petition for a pylon sign variance at the Center,
Very truly yours,
MASSACHUSETTS MUTUAL UFE INSURANCE COMPANY
BY:~'~-
2nd Vice President
STATE OF~~. )
COUNTY OF \;~\'t\.'t\~
.
)SS.:
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1'h~ing ~sturment was acknowledged before me this ~4. day of June, 1992,
by QN'\ . \Dc\\\(\t\ 0 -' ,as a 2nd Vice presi~nt O'tMASSACHUSETTS
MUTIJAL LIFE INSURANCE COMPANY, A ~\.6~ corporation, for and
on behalf of the corporation.
My ConunissJon Expires:
(Notarial Seal)
Notary Public. Gwinnett Oounty, Goorgia.
My Oomml..1on ExpIre. Augu.t 5, ,ggS
<SUV\~'\)~ll)
Not_a~~ Puhlic
MQ.!"!iUchll.t<<l.t Mutual Lift' Insuram:r. Cm>>/1an.l' (IIId q{ftJiat<<l insurar/(,(, ('om,,(U/i(~s Spri'Jgfic~(d AlA 011 J '.0001
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MossMutuaJ
Real/~J,.ttlte Im'~st",ent
1050 Cmll'II 'Join',' Parkway
Atlall1f1 0..1 30338
404 804-841'14
F.,O: 404 804.09 J J
S't;ll' two
City of Boynton Beadl
Building Department
June 12, 1992
RE: Oakwood Square Shopping Center
Pylon Sign Variance Meeting July 13. 1992
Dear Sir:
David Siegal, Vice President and Director of Operatiolls of J.J. Gumberg Company,
Southeast is authorized to act as Massachusetts Mutual Life Insurance Company's
agent for the above referenced shopping center located ill Boynton Beach, Florida.
He will be representing Massachusetts Mutual at the July 13, 1992 variance meeting
regarding the pylon sign in front of the center.
MASSACHUSETfS MUTUAL LIFE INSURANCE COMPANY
By:
Steven P. Wallace, Second Vice resfdent
Subscribed and sworn to before me~ this ~ day of
~\l'<'lQJ . 1992.
Notary Public in a I for the State of Georgia
My qOJIunission Expires:
NOlllry Public, (iwlnnctl County, OCOt'8ia
My CommiSl;lon Expire. AuguII S. 1995
MlI~(ldl/(s('(1s Mutrml 14J(~ lfl.tllfll1l,'e Comparl}' and a.f!ilia((!d iruw~m,'" c(lm"t,l//i,~... S"rj'll.1ie{(/ MA W/1/.(J(}()J