REVIEW COMMENTS
STAFF REPORT
BOARD OF ADJUSTMENT
July 1, 1992
Case #169
Location: 1799 North Congress Avenue
Owners: Catalina Centre
Development Corporation
Request:
A variance to Ordinances Chapter 21 Sign Code Section 21-26(b)
of the Boynton Beach Code of Ordinances.
1. Increase the maximum number of free standing signs allowed
along Congress Avenue from one (1) to three (3), increase
the maximum allowed sign area of one hundred sixty (160)
square feet to one hundred sixty-eight (168) square feet
and reduce the minimum setback of ten (10) feet to twelve
(12) inches for the two new signs.
Analysis:
The Catalina Centre Shopping Center presently has one free
standing sign located at the main entrance to the center on
Congress Avenue. The shopping center has two outparcel sites;
one, the Flagler National Bank, and the other, a McDonald's
fast-food restaurant. McDonald's, on behalf of the owner, is
proposing to add two (2) new free standing monument signs on
Congress Avenue, each sign having a total area not to exceed four
(4) square feet and an overall height of four (4) feet eight (8)
inches. The signs will be placed twelve inches back from the
public sidewalk that runs parallel to Congress Avenue in front of
the restaurant and be located near the north and south lease
property lines of the outparcel site. The architectural style of
the new monument signs is consistent with the architectural style
and color of the existing McDonald's restaurant.
The installation of free standing signs for shopping center sites
shall comply with the fOllowing:
Section 21-26 (b) - Signs permitted and regulated for shopping
centers and public use districts.
(a) One (1) freestanding sign advertising the use of the
premises. This sign shall be predicated on the basis of one
(1) square foot of sign area for each linear foot of street
frontage of the lot provided such sign shall not exceed one
hundred sixty (160) square feet in area with a maximum height
of twenty (20) feet. Lots which front on more than one (1)
collector and/or arterial roadway shall be allowed one (1)
additional freestanding sign, not to exceed one hundred sixty
(160) square feet in area with a maximum height of twenty
(20) feet, to be located on the additional roadway.
Note: double face signs are calculated as only single faced
until there is more than forty-five (45) degree angle between
faces.
To adequately identify the business, the applicant is requesting
a special exception to increase the total number of free standing
signs allowed on Congress Avenue from one (1) to three (3),
increase the overall total area for all three signs by five (5)
percent from one-hundred sixty (160) square feet to one-hundred
sixty-eight (168) square feet, and reduce the setback for the two
(2) new signs from ten (10) feet to twelve inches.
Section 21-16 of the sign code specifies: The Board of
Adjustment may grant a variance if it finds that the unusual
shape or topography of the property in question prevents signage
allowable under the provisions of this ordinance from adequately
identifying the business or other activity located on such
property. The Board of Adjustment may only grant a variance to:
a. allow a setback less than that required under the
-2-
ordinance;
(b) 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; or
(c) allow the number of signs to be increased over the
maximum allowed by this code.
No variances may be granted to signs expressly prohibited by
this chapter.
This request is forwarded to the Board consistent with said
section.
If the Board rules in favor of the request, it is mandatory that
prior to construction of the sign the applicant submit working
drawings to the Building Department for permit review.
MH/cmc
xc: Board of Adjustment Members
City Manager
City Attorney
City Clerk
Planning and Zoning Director
Zoning and Site Administrator
Applicants
Files
A: STAFF
~ ~
CITY OF BOYNTON BEACH
BOARD OF ADJUSTMENT APPLICATION
Submittal Deadline: Five (5) weeks before meeting date
.)
1)1,:
Please print or type
Submittal date: 5-4-92
The undersigned awner(s) hereby respectfully petition(s) the Board of
Adjustment to grant to petitioner(s) a special excepti9n 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!1<J/JB.r 44}
Block
, Subdivision Catalina Centre - Plat No.2
Plat Book
56
, . Page 43-43
or otherwise described as follows:
Property Address
1799 North Conqress Blvd.
The following documents are required to -be submitted with this
application to form a single package. Incomplete package will not be
accepted:
vI. A sealed survey by a registered surveyor in the State of Florida,
not 9ver six (6) months old, indic~ting:(~xH/BI"~'~
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. A s1 te plan properly dimensioned and to scale showing: (t..>.lid3.1 C. ')
A. All proposed stru9tures -
B. All existing struc~res tnat are to 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 of the ap~licant' s knowledge, said list is complete and
accur a te. ( c.XI-J16:T; ::till J
4. Proof of ownership of property by petitioner ( s), such as deed or
purchase contract agreement. If an agent is submitting the
etition a notarized co of a letter desi natin him as such must
accompany the petition. (c)(l/ItJ'T 'cY
5. Sta tement 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 print or type):
. / 6..)(/-It 8, r '',1: '')
A. That special conditions and circumstanc~s 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;
~ .
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.
BOARD OF ~OJUSTMENT APPLICATION
Page 2
B. That the special conditions and circumstanc~s 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 m~n~mum 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 the amount of $275, payable to the City of
Boynton Beach, must accompany this petition.
7.
Name and address of owner:
McDonald's Corporation,5200 Town Center Circle,1600
Boca Raton, FL 33486
8. Name of applicant: Daniel M. Nadler/Richard Graham
Applicant's address:
Applicant's phone #:
same as.,above
(407) 391-8003
?1tp4/.N,71~
---' ..
Da t-e :
5/4/92
Signature of Applicant:
To be completed by t11~ Building Official or Representative
1. Property is presently zoned: C--1
Formerly zoned:-
R-1
2. Property Control Number:
3. Denial was made upon existing . zoning or sign requirements ( list
sections[s] of Code 'ftom whicfi~relief is required):
..
08-43-45-18-08-002-0010
Chapter 21 Section, 21-26(b\ r SiqnR pp-rmi~~pn ~nn rpgll1~rpn. TnT ~hnpping
centers. i. Increase the maximum number 01
4. Nature of exception or variance required:f~ee standing siqns allowed alon~
Congress Avenue from one (1) to three (3) ii. Increase the maximum allowed-
sign area of on\:! hundred sixty 1160) 'square .feet to one hlJndred sixty-eight
(168) s'quare feet, and iii. reduce the minimum setback of ten (10) feet to
'twelve (12) inches for the two new signs.
Date: nla
Permit denied: n/a
Planning,al~ Zoning Department
5. Case Number: 169
Meeting Date: July_I], lq92
. .
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--~--------------------------------------------------------------------
To be filled out by Board.
BOARD OF ADJUSTMENT ACTION: Approved
Aye .3
Denied X
Nay '--I
StipUlations:
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Catalina Centre
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MCDONALD'S CORPORATION - MONUMENT SIGN VARIANCE
McDonald's Corporation is requesting a variance from the
present sign code to allow two (2) freestanding monument
signs of 4'8" in height to be erected at its restaurant
facility located at Catalina Centre. The two signs are
proposed to be situated at both the northeast corner and the
southeast corner of our leased parcel and immediately
adjacent to Congress Avenue.
McDonald's makes this request due to the unusually heavy
landscaping requirement placed upon the Catalina Centre by
its development approval. This, combined with the non-
standard building design required by the landlord in order to
conform with the aesthetics of the overall development, has
resulted in very poor visibility and identity of the
McDonald's building to the traffic on Congress Avenue. This
traffic, to a great extent, is transient in nature due to the
Boynton Beach Mall and therefore is not familiar with the
businesses in this area. McDonald's business is largely
"impulse-driven" and very dependent upon the visibility of
both building and freestanding signage to attract its
customers.
Because of the hardship caused by these special conditions
which are beyond our control, this very attractive and well
operated McDonald's is able to achieve only 75% of the sales
average for Palm Beach County and even less than its
projected potential.
The literal interpretation of the sign code prevents shopping
center outparcels from erecting freestanding signage.
Individually zoned commercial facilities within the area are,
however, allowed freestanding signage up to 25 feet in
height.
McDonald's Corporation and its franchisee feel that the
granting of the proposed variance request is necessary and
essential for the reasonable use of this property as a
commercial facilit We feel t~at this variance request is
in harmony with the general INtent and purpose of the sign
code which is to allow reasL"dble and adequate signage for
all businesses within the city of Boynton Beach.
The granting of this variance will not be injurious to the
area. Increasing the time in which our customer is aware of
the existence of our facility increases the time in which
they may safely merge into the appropriate turning lane and
therefore beneficial to public welfare.
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