BOARD OF ADJUSTMENT
TO:
Board of Adjustment Members
FROM:
City of Boynton Beach Staff
REFERENCE:
Staff Site Analysis - Board of Adjustment
CASE NO. & ADDRESS:
#156
2839 S. Seacrest Boulevard
MEETING DATE:
August 12, 1991
CURRENT ZONING:
C-1
DESCRIPTION OF PROPERTY:
See attached
OWNED BY:
Vari-Care, Inc.
TYPE OF VARIANCE:
Number of signs allowed
FACTS:
1. This site is presently zoned C-1 and was formerly zoned R-2.
2. The main building was constructed and C.O.'d in 1964.
3. McNeill Signs installed a ground sign on Seacrest Boulevard in 1978
under Permit #78-1268. This sign was removed when the new addition
to the main building was permitted in 1989.
4. The addition and its parking changed the main eptrance from Seacrest
Boulevard to a side street between the site's north property line
and Bethesda Hospital's south property line.
5. McNeill Signs applied to construct two freestanding signs on
March 30, 1991 - one to be placed at the entrance's west side and
the other on the east, near and visible from"Seacrest Boulevard.
Only one sign could be erected per code.
6. Since the east side sign could be seen from the main street, it was
permitted on May 30, 1991 under Permit #91-1515.
7. Chapter 21 - Signs, Section 21.25(b) of the City's Code of
Ordinances permits only one freestanding sign; therefore, a variance
for the number of signs is required in order to install the second
sign.
8. Chapter 21 - Signs, Section 21-16(c) "Variances" states that the
Board may "allow the number of signs to be increased over the
maximum allowed by this code" if "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."
,
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Attachment
XC: City Manager
City Attorney
City Clerk
City Planner
Recording Secretary
Members - Board of Adjustment
A:FACTS156.DOC
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That part of lots 15 and 19, section 33, Township 45 South, Range 43 last
Pill Beach count" florida{ according to the plat thereof 'r!corded in PIal
Book 1, ~age 4 0 the Publ c Records of Pall Beach County,' florida,
descri>>ea as follows:
Begin at the H,V, corner of said lot 19' thence 5,89 degrees 59'43'1"
alon9 the nQrth line 01 said lot 19, ((~,02 feet to the vest line of a fifty
foot road right of wal as described in Official Record Book 2(8, page 660,
Pall Beach countI Pub ic Records; thence 5,1 degree 36'00'V" along sald
west line, 1,96 eet to a po~pt of curvature of a curve concave northeasterly
with a radius of 125 feet and a central angle of 58 degrees 35'00'; thence
southeasterly, along the arc of said curve, 127.81 feet; thence 5.56 degrees
59'00'&., aloog'the southwesterly line of said (lfty foot road tight of vaT
and the southeasterly prolongation thereof, 208.11 feet to the vesterly
right of way Ilne of seacrest Blvd., as described in Deed Book 901, page 566;
thence 5.33 degrees 01'OO'W., along said vesterly right of vay line, 132,43
feet to a point of curvature of a curve concave southeasterly with a radius
of 3859,83 feet and a central angle of 0 degree 53'06'; thence southerly,
along the arc of said curve and along the westerly rignt of way line of.
5eacrest Blvd., 59,62 feet to a line 385.00 feet south of and parallel with
the north llne of said 10t 19; "thence "189 degrees 59'(3'V., along said
parallel 1 ne, 56'.93 feet to the west 1 ne of said lot 19; thence N,O
aegree 55'03'V" along said west 11ne, '385.05 feet to the said point of
beg naing,
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CITY OF BOYNTON BEACH
/ei .::J '{5: CJ v
7-d-9/
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BOARD OF ADJUSTMENT APPLICATION
Submittal Deadline: Five (5) weeks before meeting date
--~=-:.:::::::--
Please print or type
July 3rd, 1991
Submittal date:
-
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 pertaining to the
property hereinafter described and in support thereof state(s):
Property involved is described as follows: Lot(s)
Block
, Subdivision
(see attached)
Plat Book "Page or otherwise described as follows:
P t Add Boulevard Manor Nursing Center, 2839 S.Seacrest Blvd. Boynton
roper y ress Beadl, Fl. JJ4 J5 .
The 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 the State of Florida,
not ~ver six (6) months old, iridicating:
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
})w
-
MEMORANDUM
July 31, 1991
TO:
PRE-VARIANCE BOARD MEMBERS:
J. Scott Miller, City Manager
James Cherof, City Atto:ney
Chris cutro, Planning D~re~tor .
Don Jaeger, Building & Zon~ng D~rector
RE:
Al Newbold
Deputy Building Official
PRE-VARIANCE MEETING - BOARD OF ADJUSTMENT
FROM:
. . h d led for Monday, August 5, 1991 at
A pre-varian~e meet~n~ ~s SCt~eUBuilding Department: This meeting
10:00 A.M., ~n.my o~f~ce at d f Adjustment meet1ng to be held on
is in conjunct~on w~th the Boar 0
August 12, 1991.
Your office cannot attend, please
If you or a representat~ve from
call me regarding your ~nput.
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~ BOARD OF ADJUSTMENT 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 rands, 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 th~ 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. Applica tion fee in the amount of $ 275 , payable to the City of
Boynton Beach, must accompany this petition.
7. Name and address of owner: Vari-Care Inc. 277 Alexander St.,Rochester, N.Y.14607
8.
Name of applicant:
Stan Mason, Assistant Administrator
Boulevard Manor Nursing Center, 2839 S. Seacrest Blvd.,
Applicant's address: Boynton Beach. Fl. 33435
Applicant's phone it: (407) - 732-2464
Dat-e :
July 3rd, l'9913ignature of Applicant:
~~~
To be completed by the Building Official or Representative
'1. Property is presently zoned:
C-l
Formerly zoned:'
R-2
;'2. Property Control Number:
08-43-45-33-14-000-0192
3. Denial was made upo!,! existing . zon;i.ng or sign requirements (list
sections[s] of Code f~ which~relief is required):
....
Chapter 21 - SIGNS, Section 21.25.(c)
4. Nature of exception or variance required: Allow-number of signs to be
increased over the maximum allowed by this code.
Code allows one, wants one additional.
Date:
07/05/91
Permit denied:
~..Jtt. .e- ~. .
Building De tment
5. Case Number: '
156
Meeting Date:
AURust 12, 1991
-------~---------------------------------------------------------------
To be filled out by Board.
BOARD OF ADJUSTMENT ACTION: Approved
Aye
Denied
Nay
stipulations:
Signed:
Chai:rman
".
}~
MEMORANDUM
July 31, 1991
TO: PRE-VARIANCE BOARD MEMBERS:
J. Scott Miller, City Manager
James Cherof, City Attorney
Chris Cutro, Planning Director
Don Jaeger, Building & Zoning Director
FROM: Al Newbold
Deputy Building Official
RE: PRE-VARIANCE MEETING - BOARD OF ADJUSTMENT
A pre-variance meeting is scheduled for Monday, August 5, 1991 at
10:00 A.M., in my office at the Building Department. This meeting
is in conjunction with the Board of Adjustment meeting to be held on
August 12, 1991.
If you or a representative from your office cannot attend, please
call me regarding your input.
AN: bh
Attachments
~.~
Al Ne ~ - .. '
'''-
RECEIVED
A: PREVAR. DOC
AUG 3
PLANNING DEPT.
-
TO:
Board of Adjustment Members
FROM:
City of Boynton Beach Staff
REFERENCE:
Staff Site Analysis - Board of Adjustment
CASE NO. & ADDRESS:
#156
2839 S. Seacrest Boulevard
MEETING DATE:
August 12, 1991
CURRENT ZONING:
C-1
DESCRIPTION OF PROPERTY:
See attached
OWNED BY:
Vari-Care, Inc.
TYPE OF VARIANCE:
Number of signs allowed
FACTS:
1. This site is presently zoned C-1 and was formerly zoned R-2.
2. The main building was constructed and C.O.'d in 1964.
3. McNeill Signs installed a ground sign on Seacrest Boulevard in 1978
under Permit #78-1268. This sign was removed when the new addition
to the main building was permitted in 1989.
4. The addition and its parking changed the main eptrance from Seacrest
Boulevard to a side street between the site's north property line
and Bethesda Hospital's south property line.
5. McNeill Signs applied to construct two freestanding signs on
March 30, 1991 - one to be placed at the entrance's west side and
the other on the east, near and visible from'Seacrest Boulevard.
Only one sign could be erected per code.
6. Since the east side sign could be seen from the main street, it was
permitted on May 30, 1991 under Permit #91-1515.
7. Chapter 21 - Signs, Section 21.25(b) of the City's Code of
Ordinances permits only one freestanding sign; therefore, a variance
for the number of signs is required in order to install the second
sign.
8. Chapter 21 - Signs, Section 21-16(c) "Variances" states that the
Board may "allow the number of signs to be increased over the
maximum allowed by this code" if "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."
,
bh
Attachment
XC: City Manager
City Attorney
City Clerk
City Planner
Recording Secretary
Members - Board of Adjustment
A:FACTS156.DOC
I!
i
.
.
That part of lots 15 and 19, Section 33, Township 45 south, Range 43 last
Pill Beach count" Florida{ according to the plat thereof recorded lD Ptal
Book 1, ~age 4 0 the Publ c Records of Pall Beach county,' florida,
descri>>ea as follows:
Begin at the N,V, corner of said lot 19' thence 5,89 degrees 59'43'1"
aloog the north line 01 said lot 19, (4~,02 feet to the vest line of a fifty
foot road right of wal as described in Official Record Book 2(8, page 660,
Pall Beach countI Pub ic Records; thence 5,1 degree 36'00'V., along sald
west line, 1,96 eet to a po~pt of curvature of a curve concave northeasterly
with a radius of 125 feet and a central angle of 58 degrees 35'00'; thence
southeasterly, along the arc of said curve, 121.81 feet; thence 5,56 degrees
59100'&., aloog'the southwesterly line of said (llty foot road right of vaT
and the southeasterly prolongation thereof, 208.11 feet to the vesterly
right of way line of Seacrest Blvd., as described in Deed Book 901, page 5&6;
thence S.33 degrees 01'00'W., along said ve~terly right of way line, 132,43
feet to a point of curvature of a curve concave southeasterly with a radius
of 3859,83 feet and a central angle of 0 degree 53'06'; thence southerly,
along the arc of said curve and along the westerly rignt of way line of.
Seacrest Blvd., 59.62 feet to a line 385.00 feet south of and parallel with
the north llne of said 10t 19; "thence "189 degrees 59'43'W" along said
parallel 1 ne, 56'.93 f!et to the west 1 ne of said lot 1'; thence K,O
degree W031W" along said west line, '38S,05 feet to the said point of
beg nning,
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CITY OF BOYNTON BEACH
ILL .:;){5; C) v
7-d-~/
J/ c.(:# ~so.3/
BOARD OF ADJUSTMENT APPLICATION
_.~:::::::::::--
Submittal Deadline: Five (5) weeks before meeting date
Please print or type
July 3rd, 1991
Submittal date:
"
-
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 pertaining to the
property hereinafter described and in support thereof state(s):
Property involved is described as follows: Lot(s)
Block
, Subdivision
(see attached)
Plat Book "Page or otherwise described as follows:
dd Boulevard Manor Nursing Center, 2839 S.Seacrest Blvd. Boynton
Property A ress Bea.cl=l, Fl. JJ~J5 .
The 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 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 (l/lOO) of an acre
J. Location sketch of property
K. Surveyor's Certificate
;2. A site plan prop~rly dimensioned and to scale showing:-
VA. All proposed str~~tures _
'lB. All existing struc1::yres, tn'at are to remain on site
iC. 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
iF. Elevations of the lowest finished floor of all structures on
the site
.I). Certified list 'of names and post' offi'ce 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 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 sUbmitting the
petition, a notarized copy of a letter designating him as such must
accompany the petition.
S. Sta tement of ~pecia1: conditions, hard~hip:S 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):
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;
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~ BOARD OF ADJUSTMENT APPLICATION
Page 2
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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 rands, 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 th~ 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: Vari-Care Inc. 277 Alexander St.,Rochester, N.Y.14607
8.
Name of applicant:
Stan Mason, Assistant Administrator
Boulevard Manor Nursing Center, 2839 S.
Applicant's address: Boynton Beach.
Applicant's phone #: (407) - 732-2464
Seacrest Blvd.,
Fl. 33435
Da t-e :
July .3rd, l'99:5ignature of Applicant:
~~~
.-----------------------------------------------------------------------
To be completed by the Building Official or Representative
'1. Property is presently zoned:
C-1
Formerly zoned:'
R-2
;,2. Property Control Number:
08-43-45-33-14-000-0192
3. Denial was made upon existiruJ . zoning or sign requirements (list
sections[s] of Code 'f~ which~relief is required):
....
Chapter 21 - SIGNS, Section 21.25.(c)
4. Nature of exception or variance required: Allow- number of siRns to be
increased over the maximum allowed by this code.
Code allows one, wants one additional.
Date:
07/05/91
Permit denied:
~,.&~. .
Building De trnent
5. Case Number: '
156
Meeting Date:
AURust 12, 1991
-----------------------------------------------------------------------
To be filled out by Board.
BOARD OF ADJUSTMENT ACTION: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Cha~rman
.o'
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of.
5.
A) The entrance to the structure is not off the main Blvd. but is
blocked by a wall. The Hospital and Boulevard Manor share a
common side street entrance to either facility. Because the
hospital is a very large structure it is apparent if you are
looking for the hospital - that is it. But Boulevard Manor's
front entrance sits back and visitors and prospective clients
clearly think we are a part of the hospital versus a separate
entity.
B) The conditions and circumstances are due to the construction of the
road between Bethesda Hospita'l and Boulevard Manor Nursing Center
that has been there for thirty plus years.
C) All business structures on Seacrest have a visible road sign and
usually a very definite entrance road to their structure. Most
structures do not share a side road to their business.
0) By not clearly marking the entrance to our parking lot and
Nursing Home we do not establish our own identity and lose visitors
because of the close proximity to hospital. They pass our entrance
and end up in the Hospital parking lot lost.
E) The variance will make maximum use of a wall with a designated
area in which to post the name of Boulevard Manor. The wall is
there already, all we have to do is install the letters by
McNeill Sign Co.
F) The variance in no way will be injurious to the area or
detrimental to public welfare but would increase visibility for
our visitors and residents to see our entrance to our parking
lot and facility.
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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:
PREPARED BY:
Al Newbold
BUILDING DEPARTMENT
DATE PREPARED: 7/05/91
BRIEF DESCRIPTION OF NOTICE OR AD: Board of Adiustment Public
Bearing Notic~ for ca~e~2to Qe held at Cit~ HAll on
Auqust 12. 1991
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
Standard L~qal Ad
SEND COPIES OF AD TO:-All propertv owners within 400 feet of
property. Board of Adiustment members. City Commission.
Citv Attorney. City Manaaer. Blda. & Zonina Director & applicant
NEWSPAPER(S) TO PUBLISH:
BOYNTON BEACH NEWS
DATE(S) TO BE PUBLISHED:
July 25. and Auaust 01. 1991
APPROVE~D:
(1) _J~
(Dep tment Head)
i%~e)
( 2 )
(City Attorney)
(Date)
( 3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
.'
pm-5/91
A:LEGALNOT.DOC
NOTICE OF PUBLIC HEARING
NOTICE 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 Siqn Code of said City:
Case #156
O~ner: Vari-care,Inc.
Requested
Variance: An increase in the maximum allowable number
of signs from one sign to two.
Proposed Use: Entrance sign
Location: 2839 S. Seacrest Blvd.
Legal
Description:
That part of lots 15 and 19, Section 33, Township 45 South, Range 43 Bast
Pal. Beach County, Florida! according to the plat thereof recorded in Plat
Book II page 4 of the publ c Records of Pal. Beach County, Plorida,
descriDed as follows:
Begin at the N.W. corner of said lot 19; thence S.89 degrees 59143IB.,
along the north line of said lot 19, 449.02 feet to the west line of a fifty
foot road right of way as described in Official Record Book 248, page 660,
Pal. Beach County Public Records; thence S.l degree 36IOOIW., along said
west line, 1.96 feet to a point of curvature of a curve concave northeasterly
with a radius of 125 feet and a ceotral angle of 58 degrees 35'001; thence
southeasterly, along the arc of said curve, 127.81 feetj thence S.56 degrees
59'0018., along the southwesterly line of said fifty foot road right of way
and the southeasterly prolongation thereof, 208.17 feet to the westerly
right of way line of Seacrest Blvd., as described in Deed Book 901, page 566;
thence 5.33 degrees 01'00IW., along said westerly right of way line, 132.43
feet to a point of curvature of a curve concave southeasterly with a radius
of 3859.83 feet and a central angle of 0 degree 53'06'i thence southerly,
along the arc of said curve and along the westerly rignt of way line of
Seacrest Blvd., 59.62 feet to a line 385.00 feet south of and parallel with
the north line of said lot 19; thence H.89 degrees 59'43ftW., along said
parallel line, 569.93 feet to the west line of said lot 19; thence H.O
degree 55103ftW./ along said west line, 385.05 feet to the said point of
beginning.
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, August 12, 1991, 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: BOYNTON BEACH NEWS
July 25, and August 01, 1991
pm
A:LEGALAD.DOC
TO: See Below
DATE:
July 24,
',-
M E M 0 RAN DUM
FROM: Sue Kruse
City Clerk
RE:
Boa rd of Adj
Meeting - 8/1
at 7:00 P.M.
Case #156
Forwarded herewith ar~ollOWing copies of documents
regarding subject Cas~ 156 for Boulevard Manor Nursing
Center requesting an' ase in the maximum allowable
number of signs from one sign to two.
1. Application
2. Statement of Conditions
3. Letter of Authorization
4. Mortgage Deed
5. List of Property owners within 400' with map
6. Notice of hearing as advertised and sent to property
owners within 400'
7. Drawing of the proposed sign
A boundary survey, site plan and photograph of the existing
wall will be brought to the meeting by the Recording
Secretary.
/ ~
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Sue Kruse -
mas
Attachments
cc: Raymond Eney
James Miriana
Thomas C. Newton
Andrew Haynes
Paul Slavin
Henrietta Solomon
Vernon Thompson
Ben Uleck
Kevin Michael Clair
Al Newbold
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CITY OF BOYNTON BEAcH
BOARD OF ADJUSTMENT APPLICATION
.~-=:::::::::--
Submittal Deadline: Five (5) weeks before meeting date
Please print or type
July 3rd, 1991
Submittal date:
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 pertaining to the
property hereinafter described and in support thereof state(s):
Property involved is described as follows: Lot(s)
Block
, Subdivision
(see attached)
Plat Book "Page or otherwise described as follows:
P Add Boulevard Manor Nursing Center, 2839 S.Seacrest Blvd. Boynton
roperty ress Boact-l, Fl. ddqd5 .
The 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 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. A site plan properly dimensioned and to scale Showing:'
v A. All proposed stru.,9tures -.
lB. All existing strud'tyres 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
iF. Elevations of the lowest finished floor of all structures on
the site
v! 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 applicant's knowledge, said list is complete and
accurate.
4.
Proof of ownership of property
purchase contract agreement.
petition, a notarized copy of a
accompany the petition.
by petitioner(s), such as deed or
If an agent is sUbmitting the
letter designating him as such must
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):
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;
'"
BOARD OF ADJUSTMENT 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 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 the amount of $275, payable to the City of
Boynton Beach, must accompany this petition.
7. Name and address of owner: Vari-Care Inc. 277 Alexander St.,Rochester, N.Y.14607
8.
Name of applicant:
Stan Mason, Assistant Administrator
Boulevard Manor Nursing Center, 2839 S.
Applicant's address: Boynton Beach.
Applicant's phone #: (407) - 732-2464
Seacrest Blvd.,
Fl. 33435
Da t-e :
July ,3rd, 19913ignature of Applicant:
~~~
-----------------------------------------------------------------------
To be completed by the Building Official or Representative
C-1
Formerly zoned:.
R-2
1. Property is presently zoned:
'2. Property Control Number:
08-43-45-33-14-000-0192
3. Denial was made upon existi~ 'zoning or sign requirements (list
sections[s] of Codeftbm whicli~relief is required):
-
Chapter 21 - SIGNS, Section 21.25.(c)
4. Nature of exception or variance required:
Allow number of signs to be
increased over the maximum allowed by this coae.
Code allows one, wants one additional.
Date:
07/05/91
Permit denied:
~. .e~..
Building De tment
5. Case 'Number: '
156
Meeting Date:
August 12, 1991
-----------------------------------------------------------------------
To be filled out by Board,
t-/
/
BOARD OF ADJUSTMENT ACTION:
Approved
Aye -3
Denied
Nay ~
t/
stipulations:
signed: W:jKAjlh~~/'
, \ C ~ an ....
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5.
A) The entrance to the structure is not off the main Blvd. but is
blocked by a wall. The Hospital and Boulevard Manor share a
common side street entrance to either facility. Because the
hospital is a very large structure it is apparent if you are
looking for the hospital - that is it. But Boulevard Manor's
front entrance sits back and visitors and prospective clients
clearly think we are a part of the hospital versus a separate
entity.
B) The conditions and circumstances are due to the construction of the
road between Bethesda Hospital and Boulevard Manor Nursing Center
that has been there for thirty plus years.
C) All business structures on Seacrest have a visible road sign and
usually a very definite entrance road to their structure. Most
structures do not share a side road to their business.
D) By not clearly marking the entrance to our parking lot and
Nursing Home we do not establish our own identity and lose visitors
because of the close proximity to hospital. They pass our entrance
and end up in the Hospital parking lot lost.
E) The variance will make maximum use of a wall with a designated
area in which to post the name of Boulevard Manor. The wall is
there already, all we have to do is install the letters by
McNeill Sign Co.
F) The variance in no way will be injurious to the area or
detrimental to public welfare but would increase visibility for
our visitors and residents to see our entrance to our parking
lot and facility.
~
VARI-CARE. INC.
DATE:
July 8, 1991
860 Medical Arts Building, 277 Alexander Street, Rochester, NY 14607-1989
(716) 325-6940
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TO:
The City of Boynton Beach, Florida
RE:
Board of Adjustment Application, Sign Code Variance
The following person, Stan Mason, is authorized to sign on behalf of Vari-Care, Inc.
for the purpose of Board of Adjustment Application for sign code variance, concerning
the property located at 2839 South Seacrest Boulevard, also known as Boulevard
Manor Nursing Center.
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b JOHN. CHUTT, CONTROLLER
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Skilled Nursing Care
Intermediate Care
Residential Care
Home Health Care
Meals-On-Wheels
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JUN 19 '91 09:51 VARI-CARE INC.
~AMP. 2/10-' ;.<~.;..,!.
,
rf
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~n~S, mor~gta~~ ~te~
Exccuttid>>~ as 0 f the 1 s t day of
July
A. D. 19 77 in
VARI-CARE, INC.
a corporation exi,dlng under the laws of Delaware
business at
hereinafter called the mortgagor. to BOYNTON BEACH
. and llaving its c
lcipal place 0,
ROCHESTER LAND COI~ANY
whose postof[icfI address i~
he;einafter called the mortgagee:
(WlIcrcv.::r u.ed hereu. lhc lcttas .....on'''lI'or'' ;l44 llIorl!~I.e" indud" "" lhe p.rlin 10 Ihi. '''lIlUlIlelll .nd IlIe h..n.
lej:>.! '''P'COCtll;olivu and ""';Sq~ 01 jlldIV;du"b. ..nd .I\fl 'uccanon and ...iStl. 01 cors>otu.oll.; ..nd lb. .um "nOlc"
includ... all 11\" nOlel lIere... dcu:ribcd il llIQte lb.Il one.)
litlfitnesselh, that for good and J)aluQblc conside,ations. Clnd also in comideralion 0/ the (lQgrfl
gale sum named in thc promissory note of el1cn dale herewith. f,crcinajtar JU$cribed. the mortgagor here
by grants. bargains, .sells. aliBI\!. remi.ses. conveys and confirms unlo IIle morlga9ilc Coil the clirlain lan~
0/ whid\ the mortgagor i$ now sai-::ed and ill possessio,. situate in Palm Beach Co Ll'l/)'
Florida. viz:
The south 175.56 feet of the north 385.0 feet of the east half of
Lot 19 lying west of the west right-of-way line of Seacrest
Boulevard, Section 33, Township 45 South, Range 43 East, according
to the plat thereof recorded in Plat Book 1, page 4, PUblic Records
of Palm Beach, Florida.
... .
.
.'
JUN 19 '91 09:51 VARI-CARE INC.
P.3/10
, I
To ~lIe and to J-lold .1.. '."'.. '.g..h., WUh 11.. '........r.. h.,.dU.....n" .nd .pp.,'"
nanc~s tllercto belonging, 0'r1t! lhe rents. iuucs and prQfits thereof. Unlo lhc morlgafi/ee. in Ie., simple.
tlnd .1.. "'."0.0.' ""."".1. wuh ,h. ....,ro.... ,h.. .T.. "'."o.g., I, I.d./,...bl, "iud ./ ,.'d
lornf 'n /.. .Implo: .1.., ,T.. "'."'.'.' I... ...d ,i.h. .nd I.wful .u.h.,,,, I. e.n.., '.id bu.d .. .f.".
...d, ,h., .1.. ....,....., will ....k. .ueh f....'h" .......ane.. .. p"f... .1.. (.. "...pl. 1111. '0 'aid la.d 'a ,T..
morlOCfgee as ma)' reasonably b(t rcql,tircd; that the mortgagor hereby Iully warrcznt# the title 10 :laid land
.nd ",ill d.(.nd 11.. ...... ...'n.1 .T.. Iowful dol.... .( .11 pm.... "'h.,...a..." 4nd .1... .aid Io.d " I,..
and clear 0/ all encumbrances , except
(1) The lien of the General Taxes and Assessments for the. year 197
and thereafter which became a lien On the lands as of January 1,
1977, but are not yet due and payable and SUbsequent years.
(2j ~ight-of-way for Seacrest BOulevard as in Deed Book 901, page
564, Palm Beach County, Florida, records.
(3) Easement to City of Boynton Beach dated November 21, 1963, filE
for record December 9, 1963, recorded in Official Record Book 946,
page 225, Palm Beach County, Florida, records.
JlrollUfed ~Iwags. .1... ,( ,..d "'."."'.' .1..11 p., ..ro 'aid mo"...a, rh. eo>'.'. w.......
:sory not4iJ hereinafter sub.$lantially copied Or idtmlificd. Lo-wit;
Note from VARI-CARE, INC. to BOYNTON BEACH - ROCHESTER LAND COMPANY
dated July 1, 1977 in the p~incipal amount of $125,000.00, the
terms and conditions of which are incorporated herein by, reference,
.
NOTICE OF PUBLIC HEARING
NOTICE 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 Sian code of said city:
Case #156
Owner: Vari-Care, Inc.
Requested
Variance: An increase in the maximum allowable number
of signs from one sign to two.
proposed Use: Entrance sign
Location: 2839 S. Seacrest Blvd. '
Legal
Description:
That part of lots 15 and 19, Section 33, Township 45 South, Range 43 East
Palm Beach County, Florida, according to the plat thereof recorded in Plat
Book 1t ~age 4 of the PubllC Records of Pall Beach County, Florida,
descriDed as follows:
Begin at the N.W. corner of said lot 19; thence 5.89 degrees 59'43&E.,
along the north line of said lot 19, ((9.02 feet to the vest line of a fifty
foot road right of val as described in Official Record Book 2(8, page 660,
Palm Beach County Pub ic Records; thence 5.1 degree 36100IV., along said
west line, 1.96 feet to a point of curvature of a curve concave northeasterly
with a radius of 125 feet and a central angle of 58 degrees 35'00'; thence
southeasterly, along the arc of said curve, 121.81 feet; thence 5.56 degrees
59'00IE., along the southwesterly line of said fifty foot road right of way
and the southeasterly prolongation thereof, 208.17 feet to the westerly
right of way line of Seacrest Blvd., as described in Deed Book 901, page 566;
thence 5.33 degrees 01'OOIW., along said vesterly right of way line, 132.43
feet to a pOint of curvature of a curve concave southeasterly with a radius
of 3859.83 feet and a central angle of 0 degree 53'061i thence southerly,
along the arc of said curve and aloog the westerlyrignt of way line of
Seacrest Blvd., 59.62 feet to a line 385.00 feet south of aod parallel with
the north line of said lot 19; thence N.99 degrees 59'43IW., along said
~arallel line, 569.93 feet to the west line of said lot 19; thence N.O
degree 55'03Ii., along said west line, 385.05 feet to the said point of
beginning.
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, August 12, 1991, at 7:00 P.M.
Notice of a requested variance is sent to property'~wners 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 de,ired, call 738-7408, City C1erk'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: BOYNTON BEACH NEWS
July 25, and August 01, 1991
pm
A:LEGALAD.DOC
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D~IPTION NG>N - /L,LU,H.J,It'-"f7Ef) LJ!!-rrE.c~ .._...~...,.
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ILLUMINATION --__ _:..:..=---__ ____________::: '.,.
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McHeiD Signs, Inc.
555 S, DIXIE HWY.. EAST
POMPANO BEACH, FLA, 3301lO
(305) 948 '3474
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REVISIONS
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