LEGAL APPROVAL
f}Jje City of
'Boynton iBeac/i
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December 20, 1993
BOARD OF ADJUSTMENT CASE #186
Main Street Car Wash
Kenneth Zengage
201 East Boynton Beach Blvd.
Boynton Beach, FL 33425
Dear Mr. Zengage,
Your request for a variance regarding the above referenced case was
denied by the Board of Adjustment at their November 15, 1993
meeting.
If I can be of further assistance, please contact me.
Sincerely,
r- - l4
d~.> ...A
Tambri J. HeY~
Acting Planning and Zoning Director
TJH/crnc
a:zendenial
.~merUa ~( Glluwau to tfie Gu{{stream
CITY OF BOYNTON BEACH
BOARD OF ADJUSTMENT CASE #186
(Main Street Car Wash)
Property Owners:
Kenneth Zengage, Agent for Forward Progress,
Inc.
201 E. Boynton Beach Boulevard
The request for a variance to Section 21-16 of the sign code
to reduce the front setback from ten (10) feet to zero (0) feet and
reduce the east side setback from ten (10) feet to two (2) feet,
also including the allowed height by twenty-five (25) percent and
increasing the allowed area by nine point four (9.4) percent was
denied by the Board of Adjustment on November 15, 1993. A copy of
the minutes of the meeting reflecting the basis for such ruling is
attached hereto. I
,.
Dated:
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Attested by:
fffr~~.<4t~//A2/J
Cit Clerk
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MINUTES OF THE BOAR.u OF ADJUSTMENT MEETING HELD IN COII4ISSION CIWISERS. CITY
HALL. BOYNTON BEACH. FLORIDA. ON MONDAY. NOVEMBER 15. 1993. AT 7:00 P. M.
PRESENT
Vernon Thompson, Chairman
Ben Uleck, Vice Chainman
Barkley Garnsey
Raychel Houston
Ne 11 0 Ti neri
James Miriana, Alternate
Irving Sechter, Alternate
James Cherof, City Attorney
Mike Haag, Zoning and Site Development
Administrator
ABSENT
Thomas Cordie (Excused)
Henrietta Solomon (Excused)
A. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS
Chairman Thompson called the meeting to order at 7:01 P. M. and introduced City
Attorney Cherof, the Board members, Mr. Haag, and the Recording Secretary.
At the request of Mr. Tineri, a moment of silence was observed in memory of
Mr. Thompson's wife.
B.. AGENDA APPROVAL
No one objected to the agen~a as presented.
C. APPROVAL OF MINUTES
Vice Chainman Uleck moved to approve the minutes of the October 18, 1993
meeting as submitted. Mr. Tineri seconded the motion, which carried 7-0.
At this point in the meeting, Chainman Thompson announced that there is a full
board present tonight and that it takes five votes to approve any motion and
three negative votes to deny a request. He read the six criteria which the
Board takes into consideration when rendering a decision on a variance.
0.. NEW PETITIONS
Case '186 Main Street Car Wish
201 E. Boynton Beach Boulevard
Property Owner: Kenneth Zengage, Agent for Forward Progress, Inc.
Request: A sign variance to reduce the front setback from ten (IO)
feet to zero (0) feet and reduce the east side setback
from ten (10) feet to two (2) feet. The request also
includes increasing the allowed height by twenty-five (25)
percent and increase the allowed area by nine point four
(9.4) percent. The variances are 1n connection with
relocating the existing sign on the subject site....TABLED
- 1 -
MINUTES - BOARD OF AlWUSTMENT MEETING
BOYNTON BEACH, FLORIDA
NOVEMBER IS, 1993
Motion
Mr. Garnsey moved to remove Case #186 from the table. Mr. Sechter seconded the
motion, which carried 7-0.
Ms. Houston read the requested variance and the paragraphs pertaining to this
case in Building Department Memorandum No. 93-209. She also read into the
record the applicant's statement of special conditions, hardships or reasons
justifying the requested exception or variance.
Mr. Zengage referred to correspondence from Al Newbold concerning the dimensions
of the sign. He has since clarified the dimensions with Mr. Newbold and said he
is allowed to ask for a 64 square foot sign. He is asking for a 9.4 percent
increase in the size of the sign and a 5 foot reduction in height.
Mr. Miriana asked if it is absolutely necessary to move the sign. Mr. Zengage
explained that the Kentucky Fried Chicken sign and the trees block his sign when
traveling east. He would like to put the palm trees on the corner. He said the
sign would be more visible if it was moved back to where it was originally. In
addition, the corner would be enhanced by the palm trees.
In response to Vice Chainman Uleck, Mr. Zengage stated that the current sign is
70 square feet. It cost $7,000. The code allows for a 64 square foot sign. He
is asking for a 9.4 percent variance so he does not have to purchase a new sign.
He would actually be bringing the sign down 5 feet in height. It is at 30 feet
now and he would like to bring it down to 25 feet. The current code allows
signs to be 20 feet high.
Mr. Garnsey questioned if the sign was within code when originally installed,
prior to the code being changed. Mr. Zengage answered affinmatively.
Mr. Miriana pointed out that Mr. Zengage is requesting a variance to the height
of the sign, the size of the sign, and the setback.
Mr. Zengage stated that many people who have lived in Boynton Beach for many
years do not know that his business exists. He pointed out that according to
the current code, he is asking for an increase in the height of the sign. How-
ever, the height will be decreased from where it presently is.
Mr. Sechter stated that the City has initiated a streetscape program to beautify
downtown Boynton Beach and will be planting palm trees on the corner of
Mr. Zengage's property. He asked Mr. Zengage in what manner the sign would help
or obstruct the streetscaping planned on Boynton Beach Boulevard. Mr. Zengage
advised that if he moved the sign, it would be 70 feet away from the corner.
Therefore, it would not be a hindrance to the streetscaping at all.
NO ONE ELSE WISHED TO SPEAK IN FAVOR OF OR AGAINST GRANTING THE VARIANCES.
Mr. Tineri asked if the Board is going to vote on all three issues separately.
Chainman Thompson stated that the Board will vote on the issues as a package.
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MINUTES - BOARD OF ~....JSTMENT MEETING
BOYNTON BEACH, FLORIDA
NOVEMBER IS, 1993
Assuming the Board grants the variances, Mr. Miriana wondered if this matter
would still have to go before the sign committee for approval since the sign
would not comply with the s1gn codes. Mr. Haag stated that if this Board
approves all three requests, it would be the Building Department's decision
whether or not the sign would have to go through an aesthetic review process.
Mr. Zengage believed the sign went through this process three years ago.
Mr. Garnsey was in favor of granting the variances since Mr. Zengage wishes to
move the original sign back to its original location. Since the sign was made
up at considerable expense and was within the code three years ago, Mr. Garnsey
felt an extreme hardship exists. He also felt the variances should be granted
since the height of the sign is going to be reduced from what it currently is
and because no one spoke out against this item tonight.
City Attorney Cherof pointed out that nonconfonming signs are required to be
corrected within a five year period of time from when the sign code was adopted,
which was in 1991. Therefore, any variance the Board grants tonight should
include a proviso that that provision of the code still applies to this sign.
Mr. Zengage may be penmitted to move it; however, he still needs to bring it
into confonmity within the same grace period that every other sign in the City
is subject to. This would not extend the grace period for confonmance with the
sign code. At best, Mr. Zengage is getting a temporary relocation of the sign.
However, he ultimately is going to have to bring it into confonmance with the
code.
Mr. Zengage still desired his request to be considered on a temporary basis and
said he would make provisions to confonm in the next two years.
Vice Chainman Uleck advised that he was on the committee for the sign codes and
the committee detenmined that if a sign is moved, it has to confonm to the new
code.
Mot1on
Mr. Garnsey moved to approve the variance to reduce the front setback from ten
feet to zero feet, reduce the east side setback from ten feet to two feet,
increase the allowed height by twenty-five percent, and increase the allowed
area by 9.4 percent. The motion died for lack of a second.
In response to Chainman Thompson, City Attorney Cherof stated that at some point
the Board needs to make a motion, second it, and vote on it. If the members do
not like the motion, they may vote against it.
Mot1on
Mr. Garnsey moved to approve the variance to reduce the front setback from ten
feet to zero feet, reduce the east side setback from ten feet to two feet,
increase the allowed height by twenty-five percent, and increase the allowed
area by 9.4 percent. Ms. Houston seconded the motion. A roll call vote was
polled by the Recording Secretary. The motion failed 2-5. Mr. Garnsey and
Mr. Irving were the only members who voted in favor of the motion.
- 3 -
MINUTES - BOARD OF ~4JSTMENT MEETING
BOYNTON BEACH. FLORIDA
NOVEMBER 15, 1993
Motion
Vice Chainman Uleck moved to approve the sign variance to increase the required
number of menu signs from one to two in connection with the proposed construc-
tion of a two lane drive-in Checkers Restaurant. Mr. Miriana seconded the
motion. A roll call vote was polled by the Recording Secretary. The motion
carried 7-0.
E. OTHER BUSINESS
Request to Reconsider Case '186
Mr. Zengage stated that he paid two application fees for two variances. One
variance relates to the setback. The other variance relates to the height and
size of the sign. He asked the Board to vote on the two variances separately.
Discussion ensued regarding this being improper and setting a precedence.
City Attorney Cherof agreed that this is a unique request and the time for
objecting to the procedure was during the hearing. However, the Board is per-
mitted to reconsider a matter.
In response to Mr. Garnsey, City Attorney Cherof advised that for this particu-
lar Board, the proper time for a motion to reconsider is before the meeting
ends.
Motion
Mr. Garnsey moved to reconsider Case #186.
In response to Chainman Thompson, City Attorney Cherof stated that the Board
voted on the variances as a package, which is not improper.
Chainman Thompson asked why these requests for variances were not written up
separately. Mr. Haag stated that they are identified on the application as two
sections; however, they were not specifically listed as two separate variances
in the report. They were combined as one.
Mr. Sechter seconded the motion. A roll call vote was polled by the Recording
Secretary. The motion failed 3-4. Vice Chainman Uleck, Mr. M1r1ana,
Ms. Houston, and Chainman Thompson voted not to reconsider this case.
F. ADJOURNMENT
There being no further business to come before the Board, Vice Chainman Uleck
moved to adjourn the meeting at 9:20 P. M. Mr. Miriana seconded the motion,
which carried 7-0.
./
~~-~
Eve Eubanks
Recording Secretary
(Three Tapes)
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I) 1-4-& /./-0-0'0
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 a hearing as indicated, under and pursuant to the provisions of
the Sian Code of said City:
Case #186
Owner/Agent:
Kenneth Zengage, agent for Forward Progress,
Inc.
Requested
Variance:
The variance requested is regarding the
following sign specifications:
1. Reduce the required ten (10) feet front
setback to zero (0) feet and reduce the ten
(10) feet required east side setback to two
(2) feet,
2. Increase the code allowed sixty-four (64)
square feet sign area by nine point four (9.4)
percent. (Total sign area seventy (70) square
feet) and,
3. Increase the code allowed twenty (20) feet
sign height by twenty-five (25) percent.
(Total overail sign height will be twenty-five
(25) feet)
The variance is to Section 21-16 of the sign
code. (Chapter 21 of the Code of Ordinances)
Location:
201 E. Boynton Beach Boulevard
Legal
Description:
Lots 9 to 11 inclusive, and Lots 14 and 16 C.W.
COPPS ADDITION according to the Plat thereof
recorded in Plat Book 7 Page 56, less and
except the South 18.5 feet of Lots 9, 10 and
11; and less and except that part of Lot 11
which is included in external area formed by a
20 foot radius arc which is tangent to the
West 11ne of Lot 11 and tangent to a line 18.5
feet Northerly of and parallel to the South
line of Lot 11, and less the West 25 feet of
said Lots 14 and 16.
Use:
Site with stand
structure/business.
alone
car
wash
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, November 15, 1993, at 7:00 P.M.
Notice of a requested variance is sent to property owners w1th1u
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 375-6061, City Clerk's Office.
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NOTICE OF PUBLIC HEARING - KENNETH ZENGAGE
PAGE 2
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
October 28 and November 4, 1993
..,". ..~.,,'~~-~-~... FILt!
MINUTES OF TltE BOARD OF AD.JUSTMENT MEETl.. HElD 1M COMMISSION ClWlSERS-;-
CITY HALl. BOYNTON BEACH. FLORIDA. ON MONDAY. OCTOBER 18. 1993 AT 7:00 P.M.
PRESENT
Ben Uleck, Vice Chainman
Thomas Cordie
Barkley Garnsey
Henrietta Solomon
Nello Tineri (arrived late)
James Miriana, Alternate
James Cherof, City Attorney
Mike Haag, Zoning & Site Devel.
Administrator
ABSENT
Vernon Thompson, Chainman (excused)
Raychel Houston, Secretary
Irving Sechter, Alternate
AC~EDGEMENT OF M98ERS AND VISITORS
Vice Chainman Uleck called the meeting to order at 7:05 p.m. He announced that
the Board would be hearing two cases this evening. Attorney Cherof advised that
Case '186 should be tabled this evening since the applicant must make an amend-
ment to his application. It will appear on next month's agenda.
Motion
Mr. Garnsey moved to table Case '186 until the next meeting. Mr. Cordie
seconded the motion which carried unanimously.
The Recording Secretary called the roll. Vice Chainman Uleck stated that
although three members were absent, a quorum existed and the meeting would
continue.
Ms. Solomon said she felt a letter should be sent to all members advising them
of their commitment to serve on this Board. Most of the absentees did not call
the City Clerk's Office to advise of their absence. She feels action is neces-
sary. Mr. Miriana agreed with Ms. SolOmon's remarks. Vice Chainman Uleck
reiterated the Board's policy regarding contacting the City Clerk's Office or
another Board member if attendance at a meeting is not possible.
Vice Chainman Uleck announced that he would be chairing the meeting this
evening.
APPROVAL OF MINUTES
Mr. Miriana noted the confusion which existed during last month's meeting when
the Board voted on one of the cases. He explained that the Board members are
often confused by the wording of the motion and vote opposite of how they
actually wish to vote. He requested that the Chairperson clarify the motion
before the vote is polled.
Attorney Cherof advised that Robert's Rules suggests that the motions be in the
affinmative as opposed to the negative. Even if the member wishes to deny the
- 1 -
MINUTES - BOARD OF ..&o-JUSTMENT MEETI.
BOYNTON BEACH. R.n. JA
OCTOBER 18. 1993
variance, the motion should be made to approve the variance and then it can be
defeated. When the motion to approve is defeated, the variance is denied; how-
ever, the members will always understand that a yes vote is for approval and a
no vote is for denial.
Mr. Tineri arrived'for the meeting.
Motion
Ms. Solomon moved to approve the minutes. Mr. Cordie seconded the motion which
carried unanimously.
AGENOA APPROVAL
The agenda was accepted as presented.
CONTINUED PETITIONS
None
NEW PETITIONS
else '186
201 Elst Boynton Beach Boulevlrd
Kenneth Zengage, Agent for Forward Progress, Inc.
Applicant requests to reduce the ten (10) feet
required front setback to zero (0) feet and reduce
the ten (10) feet required side setback to two (2)
feet in connection with the installation of a free-
standing sign for a car wash business.
This case was tabled earlier in the meeting.
Property Owner/Agent:
Request:
1 Virginia. Glrden
Robert Fay
The applicant is requesting to reduce the twenty-
five (25) feet required front setback to nineteen
(19) feet and reduce the ten (10) feet required
side setback to one point five (1.5) feet for the
purpose of adding a detached garage to a single-
family residence lot.
Mr. Miriana read the request and the Statement of Special Conditions, Hardships
or Reasons Justifying the Variance.
Clse '187
Property Owner:
Request:
Mr. M1riana explained that this property is zoned R-1AA. The Building Depart-
ment denied issuance of a building penmit because the request did not meet the
Code requirements with regard to setbacks.
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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 a hearing as indicated, under and pursuant to the provisions of
the Zonina Code of said City:
Case #186
Owner/Agent:
Requested
Variance:
Location:
Legal
Description:
Use:
Kenneth Zengage, agent for Forward Progress,
Inc.
Kenneth Zengage, agent for Forward Progress,
Inc. is requesting to reduce the ten (10) feet
required front setback to zero (0) feet and
reduce the ten (10) feet required side setback
to two (2) feet in connection with the
installation of a freestanding sign for a car
wash business.
201 E, Boynton Beach Boulevard
Lots 9 to 11 inclusive, and Lots 14 and 16 C.W,
COPPS ADDITION according to the Plat thereof
recorded in Plat Book 7 Page 56, less and
except the South 18.5 feet of Lots 9, 10 and
11; and less and except that part of Lot 11
which is included in external area formed by a
20 foot radius arc which is tangent to the
West line of Lot 11 and tangent to a line 18.5
feet Northerly of and parallel to the South
line of Lot 11, and less the West 25 feet of
said Lots 14 and 16.
Site with stand
structure/business.
alone
wash
car
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, October 18, 1993, 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 375-6061, City Clerk's Office.
All interested parties are notified to appear. ~~ 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, C.M.C.
CITY CLERK
PUBLISH: BOYNTON BEACH NEWS
September 30 and
October 7, 1993
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SEll 29.