REVIEW COMMENTS
OFFICE OF THE CITY CLERK
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MEMORANDUM
TO: Ms. Tambri Heyden
Planning & Zoning Director
DATE: August 31, 1994
FROM: Sue Kruse
City Clerk
RE: Board of Adjustment Application
Miami Subs
Attached please find a copy of the Notice of Hearing for Miami Subs Board
of Adjustment Application which is scheduled to be advertised in the Boynton
Beach News on September 1, 1994 & September 8, 1994. Notice to property
owners within 400' are being mailed today.
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Attachment
CC: City Manager
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AUG 3 I 199A
BUILDING DEPARTMENT
MEMORANDUM NO. 94-202
August 30, 1994
To:
Michael Haag
Zoning and Site Development Administrator
From:
Al Newbold, Deputy Building If 'cial
Don Jaeger, Building Officia
Review of Board of Adjustmen Cases #197 and #198
Building Department Comments
Via:
Re:
In response to your request to review Board of Adjustment Cases
#197 and #198, the Building Department comments are as follows:
In the absence of the fact sheets your department provided in the
past, and copies of surveys or plans, we cannot address the
technical parts of the Code.
Case *197 - We would like to point out that property abutting
rights-of-way and paved alleys has already been addressed by the
Code by our reduction of 10 Ft. setbacks. Facts such as these
should be stressed to the Board.
Case *198 - In my opinion, this application does not reflect any
hardship.
Again, I call to your attention that the Section of Code from
which the applicant is required relief is incorrectly stated.
Item 3 should read Appendix A, Zoning, Section 11, Off-street
Loading, (1) and (2). There would be no way for a lay-person or
one who is not familiar with our Code to find the applicable
Section. Furthermore, these kinds of mistakes can prove costly
to the City if challenged in court.
We are aware that the plans and information are on file in your
department but it is difficult for us to find someone who knows
where they are when you are not present. It would be helpful to
send a copy of them to us for our analysis and comments,
especially since the application and information you now supply
is only from the applicant and does not include your input.
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A:197-198.BOA
PLANNING AND ZONING DEPARTMENT
MEMORANDUM
TO:
Don Jaeger
B~ilding o~cial ~//
Mlchael Haag~ ~
Zoning and Si __ elopment
August 25, 1 9
Administrator
FROM:
DATE:
SUBJECT: Review of Board of Adjustment Cases #197 and #198
Enclosed please find a copy of the applications for the Board of
Adjustment meeting of September 19, 1994 for your perusal.
Please let us know if you have any comments by September 2, 1994.
Additional data and drawings for these cases for your review are
in the Planning and Zoning Department office.
MH/jj
cc: BOA file
iI.:rev197.198
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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: Planning and Zoning Department
PREPARED BY:
Gary Lanker
DATE PREPARED: 8/16/94
BRIEF DESCRIPTION OF NOTICE OR AD:
Board of Adjustment
Case #198 - 4742 North Congress Avenue
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
Standard Legal Ad
SEND COPIES OF AD TO: Newspaper, property owners within 400
feet of subject property and the applicant.
NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk
DATE(S) TO BE PUBLISHED: To be determined by City Clerk
APPROVED BY:
(1) -iid~~ frolLf!-
( 2 )
(City Attorney)
(Date)
( 3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
A:PUBLISH.198
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 Zoning Code of said City:
Case #198
OWner:
Boynton Lakes Plaza Partnership
c/o Fru-Con Development Corporation
Agent:
David Daszkal, agent for Miami Subs
at Boynton Lakes Plaza
Requested
Variance:
A request to eliminate the requirement of a
loading zone on site. The requested variance
is to Section II J.1. of Appendix A
Location:
4742 North Congress Avenue
(Boynton Lakes Plaza)
Legal
Description:
A PORTION OF "BOYNTON LAKES PLAZA", ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
70, PAGES 47 THROUGH 48, INCLUSIVE, OF THE
RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING
IN SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF "BOYNTON
LAKES COMMERCIAL" AS RECORDED IN PLAT BOOK 69
ON PAGE 97 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, SAID CORNER BEING A POINT ON
A CIRCULAR CURVE TO THE LEFT WHOSE RADIUS
BEARS NORTH 85034' 35" EAST, SAID POINT ALSO
BEING 16.00 FEET, AS MEASURED AT RIGHT ANGLES,
EAST OF THE EAST RIGHT OF WAY LINE OF CONGRESS
AVENUE AS RECORDED IN OFFICIAL RECORD BOOK
4456 ON PAGE 565 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE, CONTINUE
SOUTHERLY AND PARALLEL TO SAID EAST RIGHT OF
WAY LINE OF CONGRESS AVENUE, ALONG THE ARC OF
SAID CURVE HAVING A RADIUS OF 11383.16 FEET
AND A CENTRAL ANGLE OF 00046' 10", A DISTANCE
OF 152.88 FEET; THENCE, CONTINUE SOUTH
05011'35" EAST A DISTANCE OF 64.14 FEET TO A
POINT BEING 16.00 FEET, AS MEASURED AT RIGHT
ANGLES, EAST OF THE SAID EAST RIGHT OF WAY
LINE OF CONGRESS AVENUE; THENCE, NORTH
85010'24" EAST, A DISTANCE OF 9.43 FEET;
THENCE, SOUTH 01023'21" EAST, A DISTANCE OF
23 . 55 FEET TO THE POINT OF BEGINNING; THENCE,
NORTH 41053'31"EAST, A DISTANCE OF 26.99 FEET;
THENCE, NORTH 85010' 24" EAST, A DISTANCE OF
66.43 FEET; THENCE, SOUTH 77043' 50" EAST, A
DISTANCE OF 37.36 FEET; THENCE, CONTINUE ALONG
THE ARC OF A CIRCULAR CURVE TO THE RIGHT
HAVING A RADIUS OF 430.00 FEET AND A CENTRAL
ANGLE OF 02057'40", A DISTANCE OF 22.22 FEET;
THENCE, SOUTH 49049'36" EAST, A DISTANCE OF
28.80 FEET; THENCE, SOUTH 04049'36" EAST, A
DISTANCE OF 156.00 FEET; THENCE, SOUTH
85011'16" WEST A DISTANCE OF 147.23 FEET,
THENCE, NORTH 48006'03" WEST, A DISTANCE OF
36 . 40 FEET; THENCE, NORTH 01 023 ' 21" WEST, A
DISTANCE OF 149.66 FEET TO THE POINT OF
BEGINNING.
page 2
Miami Subs
Notice of Public Hearing
CONTAINING 31, 051 SQUARE FEET, 0 . 713 ACRES,
MORE OR LESS.
NOTES:
BEARINGS SHOWN HEREON ARE RELATIVE
TO AN ASSUMED BEARING OF NORTH
85010'24" EAST ALONG THE NORTH LINE
OF SECTION 8, TOWNSHIP 45 SOUTH,
RANGE 43 EAST AS SHOWN ON SAID PLAT
OF "BOYNTON LAKES COMMERCIAL".
Proposed Use:
Restaurant with drive through window
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, September 19, 1994, at 7:00 P.M.
Notice of a requested variance is sent to property owners within
300 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 375-6062, 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:
A:LEGAL.198