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LEGAL APPROVAL f}Jje City of 'Boynton iBeac/i '1!tmurine & Zoning 'DtplU't11Kftt 100 'E. 'Boynton 'Bwm 'Boultvrzrrl !P.o. 'Bo:c.JlO 'lJDgftttm 'Beadi. %mt/4 JJ42S-lll10 {407} 7J8.7490, 'fJU: (407) 7J8.7459 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: /:2 -- ~e-17 Attested by: fffr~~.<4t~//A2/J Cit Clerk rn~ DEe 1 III 00 ';':... ,.",~.J.;..J<""~"""" ;",~ ........-,- ; J .. j.J.., ~; j--' 1 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. - 2 - 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) - 9 - 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. ill ~ 0 W 00 ocr 28_ c....- 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. - 2 - ---.~~_.__._-------- ~#a6 ~\l ~ r' ,{(> ~b ~ttJv ~"J.\~) (l~ 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 ill m Ii SEll 29.