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,
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Acting Planning and Zoning Director
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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:
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,
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)
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~~------..-----------~-'---_.
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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 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
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AGENDA DOCUMENTS
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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)
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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