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LEGAL APPROVAL rrTie City of 'Boynton 'Beacli Pt:a.nning & Zoning 'Department 100 'E. 'Boynton 'Beadi 'Boufevara P.O. 'BOi(310 'Boynton 'Beadi, :JforUfa 33425-0310 (407) 738-7490, :J.!U: (407) 738-7459 December 20, 1993 RE: BOARD OF ADJUSTMENT CASE #189 Checkers Drive-In Restaurant, Inc. N.E. corner of Boynton Beach Blvd. and Old Boynton Road Ms. Anna Cottrell 1532 Old Okeechobee Road Suite 101 West Palm Beach, FL 33409 Dear Ms. Cottrell, Your request for a variance regarding the above referenced case was approved by the Board of Adjustment at their November 15, 1993 meeting. Find attached the written order prepared by the City Attorney verifying the determination of the Board and signed by the Board Chairman on 12/7/93. If I can be of further assistance, please contact me. Sincerely, r ~~2.~Av Acting Planning and Zoning Director TJH/cmc a:checkapp ~mericas yateway to the yulfstream CITY OF BOYNTON BEACH ORDER BOARD OF ADJUSTMENT CASE #189 Property Owners: Anna Cotrell, Agent Checkers Drive-in Restaurant, Northeast corner of Boynton Beach Blvd. and Old Boynton Road Boynton Beach, FL The application for a variance of Anna Cotrell, for relief from Section 21-25 of the Sign Code, to increase the required number of menu signs from one (1) to two (2) in connection with the proposed construction of a new Checkers Drive-in Restaurant at the above referenced location, was granted on November 15, 1993. A copy of the minutes of the meeting reflecting the basis for such ruling is Dated: /z '1--~ , attached hereto. Attested by: ~/?~~.Ck. ~1-' City lerk .! MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH. FLORIDA NOVEMBER 15. 1993 In response to Chainman Thompson regarding readvertising this public hearing, City Attorney Cherof advised that since this matter is properly before the Board tonight, the public is deemed on notice that there is a proceeding going on and if the Board chooses to table it, the public is deemed to be on notice that it is tabled. The minutes will reflect this. In response to Mr. Garnsey, City Attorney Cherof advised that if this matter is tabled, it should be tabled to the next meeting. It can be taken off the table at that time if staff and the applicant are satisfied that it is ready to go forward. At some point the applicant may have to withdraw because of the time period. In response to Mr. Miriana regarding tabling this item for two or three months. City Attorney Cherof advised that the Board could table to a time specific; however, the longer it is pending the more the notice to the public becomes an issue. The Staff Report states that the Engineering Department has indicated that the subdivision of Sun Wah property was perfonmed without City authorization. Mr. DeFeo asked what this means and was advised to speak to someone in the Engineering Department. Mr. DeFeo agreed to table this matter. In response to Mr. DeFeo regarding why he was not notified about this sudivision earlier, Mr. Haag believed the Engineering Department just discovered that the property was separated. City Attorney Cherof stated that it appears that this matter is before the Board without enough infonmatio~ to penmit the Board to go forward. Whether the applicant concurs with this or not, it was City Attorney Cherof's suggestion to table this matter. Motion Mr. Miriana moved to table Case #188 until the next meeting. Vice Chainman Uleck seconded the motion, which carried 7-0. Case '189 Checkers Drive-In Restaurant - Northeast Corner of Boynton Beach Boulevard and New Old Boynton Road Property Owner: Anna Cottrell, Agent for Checkers Drive-In Restaurant, Inc. Request: A sign variance to increase the required number of menu signs from one (1) to two (2) in connection with the pro- posed construction of a two (2) lane drive-in Checkers Restaurant. Ms. Houston read the requested variance, portions of the Staff Report. and the Statement of Justification submitted by the applicant. Ms. Cottrell referred to Mr. Newbold's comment in the Staff Report relative to the sign variance for the monument sign proposed to be located at the front of - 7 - MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA NOVEMBER 15, 1993 the site. She stated that this sign is the only pOint of purchase sign requested for this site and is well below the maximum allowed by the code, both in size and in height. She stated that Checkers is not seeking variance relief for that and that Mr. Newbold's conments came out of the initial site plan that was submitted. That site plan contained an error in the dimension of the sign from the right-of-way. A revised site plan was submitted to staff. She advised that Checkers is not seeking variance from any other aspect of the sign code. In fact, the sign limitations exceed what is being proposed for this site. Ms. Cottrell infonmed the Board that there have been significant modifications made to the architecture of the building, and because of the design guidelines and the intent of the petitioner to meet the City's design requirements, virtu- ally all other corporate architecture has been eliminated from the site. Ms. Cottrell stated that this is not being proposed for advertising or identifi- cation purposes. This is a device that simply acconmodates the drive-in. The placement of the menu boards at each drive-thru lane as proposed allows for five car stacking from the point of ordering to the pick up window. Checkers has discovered through the development of over 360 sites that this is the exact time needed from the point of ordering to the pick up window to allow the food prepa- ration to have been completed by the time the customer reaches the window. The placement of these menu boards also allows sufficient stacking behind the menu board to acconmodate the traffic flow throughout the site. Eight cars can be stacked in the drive-thru lane. This is common to virtually all of the Checkers designs and meets their customer service requirements. There is no other way to design this site with one menu board in a way to meet the code and still allow sufficient queuing behind the menu boards and into the parking area in order to acconmodate this much stacking out of the site onto the road and the stacking between the menu board and the window. The sign code does not contemplate the double drive-thru concept nor does it acconmodate a device that insures customer service and the ability for traffic to get through the site in an efficient manner. In response to Chainman Thompson, Ms. Cottrell stated that the architecture being proposed mirrors the Wellington package and is being proposed as a way to meet the City.s design guidelines. The placement of the menu boards and the actual building does not vary from site to site. Every Checkers has two drive- ins. She circulated photographs. In response to Chainman Thompson, Ms. Cottrell advised that the two menu boards are freestanding signs. In response to Mr. Miriana, Ms. Cottrell advised that there is an outdoor seating area. Eighty percent of the customers of Checkers will use the drive-in lanes. About 10 percent will park at the site, walk up to the window to get their food, and then leave the site. Only about 10 percent of the customers will use the seating area on site. - 8 - MINUTES - BOARD OF ADJUS1lw.ffT 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 else 1186 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. Miriana, 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 - ~~------..-----------~-'---_. ~ Ho.O 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 heari~g as indicated, under and pursuant to the provisions of the Sian Code of said City: Case #189 Agent: Requested Variance: Location: Legal Description: Anna Cottrell, Agent for Checkers Drive-In Restaurant, Inc. A variance is requested to increase the required number of menu signs from one (1) to two (2) in connection with the proposed construction of a two (2) lane drive-J.n Checkers Restaurant. The variance is to Section 21-25 (d) of the Sign Code (Chapter 21 of the Code of ordinances) . Northeast corner of Boynton Beach Boulevard and New Old Boynton Road. A portion of Section 20, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 20; thence run South 88 degrees 02 minutes 21 seconds West along the South line of said Section 20 for a distance of 1631.39 feet to the easterly right-of-way line of a forty foot road as shown on the Plat of Subdivision of said Section 20, as recorded in PLat Book 7 at Page 20 of the Public Records of Palm Beach County, -Florida; thence run North 00 degrees 49 minutes 09 seconds East along said East right-of-way line for a distance of 106.84 feet to the point of beginning; thence continue North 00 degrees 49 minutes 09 seconds East for a distance of 301.90 feet to a point; thence run South 41 degrees 47 minutes 42 seconds East for a distance of 227.66 feet to a point; thence run North 48 degrees 12 minutes 18 seconds East for a distance of 10.00 feet to a point; thence run south 41 degrees 47 minutes 42 seconds East for a distance of 110.00 feet to a point of curvature of a circular curve, concave to the northeast; thence run southeasterly along the arc of said curve, having a radius of 368.97 feet, thru a central angle of 23 degrees 41 minutes 37 seconds, for an arc distance of 152.58 feet to a point of non-tangency; thence run North 89 degrees 59 minutes 53 seconds West along the North right-of-way line of Boynton Beach Boulevard for a distance of 45.67 feet to a point; thence run North 85 degrees 02 mJ.nutes 51 seconds West along said North right-of-way line for a distance of 150.60 feet to a point; thence run North 89 degrees 59 minutes 53 seconds West along said right-of-way line for a distance of 143.67 feet to a point; thence run North 44 degrees 10 minutes 51 seconds West for a distance of 27.89 feet to the point of beginning. NOTICE OF PUBLIC HEARING - Checkers Drive-In Page 2 Use: Drive-In Restaurant with two (2) drive-in lanes. 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 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 375-6060, City Clerk's office. All interested parties are notified to appear at said hearings 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. SUZANNE M. KRUSE, CITY CLERK CITY OF BOYNTON BEACH PUBLISH: BOYNTON BEACH NEWS October 28 and November 4. 1993 .. f.. '. AGENDA DOCUMENTS /' Y //v ~ /' \ / Location: Request: Analysis: STAFF REPORT BOARD OF ADJUSTMENT Regular Meeting November 15, 1993 CASE #189 Northeast corner of Boynton Beach Blvd. and Old Boynton Road Agent Anna Cottrell The request is to increase the required number of menu signs from one (1) to two (2) in connection with the proposed construction of a new Checkers Drive-in Restaurant at the above referenced location. section 21-25 (d) of the Sign Code (Chapter 21 of the City Code of Ordinances) lists specifications for a menu sign, one of which, limits the number of menu signs to one (1) for the drive through restaurant use. The variance request is in connection with the proposed development of the site for a two (2) lane drive through restaurant. The subject property is zoned C-2 Neighborhood Commercial and is vacant of commercial structures. The surrounding properties are as follows: North - vacant property, zoned C-2. East - vacant property, zoned C-2. south - across Boynton Beach Boulevard a convenience store property zoned C-2. West - across old Boynton Road apartments property zoned R-3 Multiple-Family Dwelling. The city is currently reviewing the Checker's Drive-in Restaurant request for development approval. See the attached copy of the reduced site plan of the proposed project. During the site plan review process it was observed that the applicant was requesting two (2) menu signs to order food to be served at two (2) separate drive through lanes that each have a food service pick- up window, one located on each side of the building. The applicant was informed that a maximum of one (1) menu sign is allowed, thus leading to this request. section 21-16 of the Sign code sets the parameters regarding what specifications of the Code may be varied. The following specifications as identified in each code section may be varied: a) Area and height may be varied up to twenty-five (25) percent of what the code allows, 0) Required setback dimensions may be reduced without limitation, with the exception of property restrictions such as an easement, and c) Number of signs may be increased over the maximum allowed by the code without limitation on total number of signs. I AGENDA BOARD OF ADJUSTMENT REGULAR MEETING DATE: TIME: PLACE: Monday, October 18, 1993 7:00 P.M. City Commission Chambers 100 East Boynton Beach Blvd. ------------------------------------------------------------------- A. ACknowledgement of Members and Visitors B. Approval of Minutes C. Agenda Approval D. Continued Petitions - None E. New Petitions Case *186 201 East Boynton Beach Boulevard Property Owner/Agent: Kenneth Zengage, agent for Forward Progress, Inc. Request: 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. Case *187 1 Virginia Garden Property Owner: Robert Fay Request: 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. F. Other Business G. Adjournment Notice: 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. CC: Members - Board of Adjustment Honorable Mayor and Commissioners City Manager City Attorney Planning and Zoning Director City Clerk Building Official Recording Secretary Applicants (2) (10) MH/cmc A: AGENDA Page 2 BOA CASE #189 Staff Report Section 21-16, further states that the Board of Adjustment may grant a variance if it finds that the unusual shape or topography of the property in question prevents signage allowable under the provisions of this ordinance from adequately identifying the business or other activity located on such property. The following is a direct quote from the Building Department memorandum No. 93-213 signed by Deputy Building Official, Al Newbold. Case No. 189 - Checker1s Drive-In Restaurant-Please be advised that this request for relief from Section 21-25 (d) relating to the number of signs permitted, will not allow installation of the pylon sign located in the front of the structure within the 101 required setback. This condition will require the owner to request relief from section 21-23, Setbacks also. If Checker1s wishes to include this additional request, your Board may wish to table this item rather than having the applicant withdraw their application. If it cannot be submitted for rehearing by the Board within a six months period. The drawings submitted with the variance request show the location of the pylon sign (monument sign) located within the appropriate buildable area. Find attached Exhibit "A", a document prepared by the applicant, which represents the statement of special conditions for the variance request. The following is provided to assist you in evaluating the request: 1. The drive through restaurant is a new project being processed for development in the city. 2. The building proposed for the site offers food service and pick-up at two (2) separate drive-up windows. 3. Two separate drive through lanes lead to the food service windows (one located on each side of the building). 4. The topic under consideration is to increase the number of required menu signs from one (1) to two (2) allowing a total of two (2) menu signs for the purpose of serving two (2) separate food service pick-up windows. The variance would allow two (2) menu board signs to be used to order food for pick-up at each food service window. xc: Members - Board of Adjustment City Manager City Attorney city Clerk Acting planning and Zoning Director Mike Haag C:BOA189SR 2