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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." , bh Attachment XC: City Manager City Attorney City Clerk City Planner Recording Secretary Members - Board of Adjustment A:FACTS156.DOC ,) 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 '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, , : "',' 'r'. . . ~ . I, ; . !' ., _,I ...... .,'" ~' .. ' ~ . X :)_J " ' . tool , ,I. ... \ " .. ,,~ CITY OF BOYNTON BEACH /ei .::J '{5: CJ v 7-d-9/ / --;) .~ ;j c.:{; ~ ~S03/ 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. - /? .' . ' ,. I . . ~, 'I . .. "r . ~ 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, '" \, ; " " 'I"' . . t ~. .. ' ~ X :')_J 0, , ... I ;" ..~,~ .....\'. '..,Too 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; " . . -il . ......1 "','.';:';~,:,i .' -, .' II . . -.r .. ~ BOARD OF ADJUSTMENT APPLICATION Page 2 . 'ft, 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' " , . 4 . . 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. " ' ,~ . '. . ,.1 of, .":"1 . :'. , ... ' I.,.............'.. ..:;;.;. :::.' ;:':: I" '.~. ',........,'............ . '.........'..... .'.............. .;. ,,'.;. ~.:.:.:. :. ... . " ........ t_ ............... 0'0" ..... ......,'........ I............ . ............,. . .':.:::',.:::::.":':' . I ',.:: :.:.~. :~. . ...........:; ......,..... . .:.;.;.;.:.;.:.'.:.: :.....'.,.......... . .......'....... .. 0' ....... . ";'::'::':'.:' ..'....:..,......... ................. ............. ................ ",.' ;;:'~:::::::\:". ':::::.:::::.:::,:;.::: . .til!Wi "f :.::.:.i::'...., , , ..' III . "::: : :';:'- :~~:::: ." ............ ., .',,"','. '.' ....... ",. .... ........ (..... :::....:: . :::'" ......,'... ",j .....; .... ":. "'';'" ... f. . ' ... :. ~. ::;':';: ::::: f .,. 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''''_ U) ~ VI r<) " + .to ," ,~. ~ ~ ,." . ,13':: 2., '""'" 1T1;: I -....... -""'"' ,,- r. 'I> 9 ;, , \V ,,~I pili: IS"" ''''1 'o.Atv~ ",., ~ '13 -~ : : V 'vi, .)< /. 03) , ~ 144' ~.' /'~ 1\' ~ , - -~ ~ ' " I ' j, "'SE , SEn~ ~ J T~: ~ E~4)" J:~._".,.. .~. .I II 's' ... ;r" -' : ~ y~~ X: I:; SUBDIVISION' ('oi W~Y~;4 ';:: i , ~F:- T~ ~ :~~)''J( ~~;-;;:\ ^ '\ ,,~.m'I;Z C:. AY MJ R E~ TJ t./o /I l: ;'10/'" II~ ~'~ ~TIl ,s% y~ c' If.' .,,' ~ E" .. .. 2;'th .. 'S~ 10.' ,;;;.~ 'O"AVE ~" OF SEe '-1 ~ ~M14'2 I ::' T. . "( ';4' '''''1")'' " ,." -' '0" 10"Y.:' ~ ~...., 2.1 1\. i I z:<.i ~ 'X z(;.';" il,!:v. 14 J 9 ~ ~ '1' i i~~~'r<':;~~-T~A~~ 19~ '~, ST:' :($V~ t it t~' Xt ,', (/i';;__-::;::;::< TR.~'5 j I ~~ ~ r ~.,::","_,J.',;;-.41 ~ ~I), ~/~' "'-. "SE~..27,!h-:-,:-:' I: : kW74+ ~ K~ f :/:)< ,~: I:~~"- C1/-'- &~k~5),~/'\ ~V'~' .i~~1 '10 ::L:-: ~l< ~i':-~' / 14-15.'3y...., ~ ;16j : :)<. ~x..':~ ~ ~4J~') " . ,/ ~ ..' ~.' " " . . ., . , --:- /~ ,. I~...... .. SE 27th : := : :<' ;< I ~ : ~ , )~ '>4'~':\ '0" I~' .......:.: O'~ I'" l@)f r.1\U) ~"',";;\, ~f 'x'" ~ ~........ '. ..J I'''' ~ : ~,f':'" 0<' <'@ 14 - 2<Y. I , ~...' ../j'3.... ~~.,.:] .'b~, ~ ---= 0. ":.', : : \ ~~~: :=X n~q /:~1ftt;';{;0 ~ B I::, ':'SE t C E2~: 1 '" t r: X X:e : ,"(< 20 / ,/~;' ._,' Yt~IJl~,' c Ie I.t' : ~ ; ~ I 7 't"X~' x.I:J~'!I,o': .~. I . 0 .. ""'- 1 I .... r '" ,'" I~' I ~''I. ( 2 . 10 ,,,,'..... ~ 2, 108" X ~fT ~~t .:,Li . ~; I' !' ~;. :" I~ ~. '1 ,:. ) I A I /; t,\;r )/';f.l/"~.J lOS' :. .. ,'M :~;~ ,- ~8 7~ ~ r~~, A~~ ~~ .": ; I, AI ,0<.,//10'11' :t/; ).zo (CI fl ~ tie,,,,,, ~ ~ ~ ~ ,.~,: i~;' S} - ;"',~ I" I" 1((2)" 11'6',. "\' ~'_ : ,'~ ~ / ,j b i 71/i' ) 3 2~ -I;~ ,22.. -I .... ~ . _ 'J ". /88' [. - 4 .;?) ~.....~~. t 8&.1 ~':.~I50' ~ ~?'~ ~ ~~, i .' , - AI' ..,..., ,. SE' 28fll AVe ;11 ': 4 ' I / <[4~))~ \ ' . (~ 3.2 26th .. (8 21 28th r-. CD ~ ,~, --'~, '" . .......:..,-... ....... ':;~:;:).(I(~: ' .," .... .......: :. .... ,'.: .... ., ........ :. \:>:..../.\ :,", ..~:~:: ~ ..:::. >: . .." . . ...... '. ':. ...."..:.. :', , ,. ,:':'" ' .,. ',' . "" ", " . .... ,. " ......... ;.:~ '-;..:'::.'. .'...:....., :j~f:~};l' ~ 'j' :..:::~.. ':.:': : .r :~~:~. ~'.:/.-: ~~:.: ":';., '::: )' <'~t:::>< 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. / ~ ~L~J _ ~~"Jf _' 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 ......"".;.;.<'"".'>;:'l'J> . ~..}~ / /.;1 _ I :: jll.;; 1S: 00 7- 3-'~/ -~ '~ ;) c.(:P-- ~503/ ",/" . ,-!~,Sl 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 .... " , tl' 'I 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 .~.~ \ .1',; , .'J) " , .\~'~l.J'UH/r'<)'\ ,:::./<~:, '\'({'C/IV:''1:;~::.. \\~~ ! ,--} o:.} 11rl L LiD ';'l C- " I ('1.1; I L' .' '\- -/ ,~ !~S JUL 1 1 J~91 to ; \!UILn\!i1i ~ ~,.., ()r-:~iClJl.L '." ~~ON Bc.\C"\' ' ~. fr;:r:"r 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. ---" ~J w \,~~ -~L ~ b JOHN. CHUTT, CONTROLLER JDS:pmw _' .,1~,.Hfji II,~, ,:..--.;,llI"'" ~., 11I1 ~ ~_' .~~_ ~ ", /'.) I",; .--" ~:~:.:'~~. )........" ~...;... "'-' :;." ) ",,"'c - .I ~ ' ... ~...JI "..'") , _,). Q. - ." ,:)" J '-,:. ',', " ". i \w':'~:; .. y - . "to ," ~ ;:'- .:;.~,~:~ :':r) ~""i '. ~\,,: "'.- ..:., -.,...::~ ..~\~;.,.,"\... .'~ ::..... .'.......... "7\ '. ........- ,.~ . ",.) . \.~.. "1 .,.." ~f, ", -'"I j.'. ..",,-- I Skilled Nursing Care Intermediate Care Residential Care Home Health Care Meals-On-Wheels --- .. JUN 19 '91 09:51 VARI-CARE INC. ~AMP. 2/10-' ;.<~.;..,!. , rf ..-.< llL-' m ~ ~ J ~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 . .. --..0_., y.., ~ D~IPTION NG>N - /L,LU,H.J,It'-"f7Ef) LJ!!-rrE.c~ .._...~...,. ~~~~~=~~~~ ~n~~-~~==c~~~~Cn;nn~~~ ~- lN77'1'1=_~~~~ ILLUMINATION --__ _:..:..=---__ ____________::: '.,. ~-~K~--~~_~~:~=-:..;~--==~--_-~__~~~~_~~::=~-=---~~~::-<~~: !~~~~~~~~~~~~~~~;--=~~~=:~~;:~g:~:=~.~~==- ~ .. ------..--.-.---.-..--.....--.-.-. J ~ -00 00 "7 ~A I i ~ ~ ! ~ ~~ ~~ ~~ 8 ~ ~~ m t 0 i It A. A. -< It II ~ % .! u a: :: :I .. lL .. .. .. ~ nmII McHeiD Signs, Inc. 555 S, DIXIE HWY.. EAST POMPANO BEACH, FLA, 3301lO (305) 948 '3474 i ...or'" /':-0'" REVISIONS 'to ',."",-',4