Loading...
REVIEW COMMENTS 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 si1e 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, b) 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 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 - Checker's 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 10' required setback. This condition will require the owner to request relief from Section 21-23, Setbacks also. If Checker's 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 "All, 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 CITY OF BOYNTON BEACH BOARD OF ADJUSTMENT APPLICATION Submittal Deadline: See scehdule of dates for Board meetings and submittal dates CA~ ~ IB9 Submittal date: 1~/I,/Y3 . Please Drint (in ink) or tVDe The undersigned owner(s) hereby respectfully petition(s) the Board of Adjustment to grant to petitioner(s) a special exception or variance to the existing zoning or sign Code of said City pertaining to the property hereinafter described and in support thereof state(s): / Property involved is described as follows: Lot(s) SEE A'lTAOIED LEGAL DESCRIPTION Block , Subdivision , Plat Book , Page or otherwise ~escribed as follows: Property Address Northeast corner of Boynton Beach Blvd. and Old Boynton Roqd The following documents are required to be submitted with this application to form a single package. Incomplete package will not be accepted: 1. Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months old, indicating: A. All property lines B. North arrow C. Existing structures and paving D. Existing elevations E. Rights-of-way, with elevations F. Easements on or adjacent to the site G. utilities on or adjacent to the site H. Legal description I. Number of acres to the nearest one-hundredth (1/100) of an acre J. Location sketch of property K. Surveyor's Certificate 2. Two site Dlans properly dimensioned and to scale showing: A. All proposed structures B. All existing structures that are to remain un site C. Setback lines for all structures drawn perpendicular from the properly lines to the closest vertical wall of structures D. Use of each structure (or uses within multiple occupancies) E. Use of adjacent properties including right-of-way lines for all streets and alleys, sidewalks, turn lanes and driveways F. Elevations of the lowest finished floor of all structures on the site 3. Certified list of names and post office addresses of property owners a~d legal descriptions of their property within 400 feet of subject property, as recorded in the County courthouse. Such list shall be accompanied by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is complete and accurate. 4. Proof of ownership of property by petitioner (s), such as deed or purchase contract agreement. If an aaent is submittina the Detition. a notarized CODY of a letter desianatina him as such must accomDanv the Detition. 5. Statement of special conditions, hardships or reasons justifying the requested exception or variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please Drint or tVDe): A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; 3 Page 1 of 3 6. 7. 8. B. '~at the special conditions and circumstances do not result from the actions of the applicant; C. 'l'hat granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district; D. That literal interpretation of the provisionq of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or .truotur., F. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Application fee in the amount of $400.00, payable to the city of Boynton Beach, must accompany this petition. Name and address of owner: Mience Equitie, Inc. 1217 E. Broward Blvd. Ft. Lauderdale, FL ::B3Ul Name of applicant: Checkers Drive-In Restaurants c/o OCS-Wesoon Consult.i.ng, Inc. Applicant's address: 1532 Old Okeechobee Road Suite 101 West Palm Beach, FL 33409 Applicant's phone #: 407-688-0048 Date: 10/8/93 Signature of Applicant: ~ ~. ~~QO Cottrell '- 'ro be completed bv the Buildina official or Representative 1. Property is presently zoned: ~-;l Formerly zoned: ~-I Property control Number: I.J g- ~6 -1,15" -;t[) -00 - ~O - .s O;).() 2. 3. Denial was made upon existing a 11~g .. sign requirements (list sections[s] of Code from which relief is required): Sccrll>l\I ~/-:;S&) S/6/V t.lJJJ6. CHAPTl1:/<?.J ,,1- 1711: a/)~ tJ/-tJRJ)IIVAN~-S Nature of exception or variance required: 10 'fIICI?tE.Me 71Jt: C"Di: 4I.LbWc{) AII)/t18t.R. bF /J1t:tVv ~/6N5 Fe 'AI COIVIV~"rJj) 11J6. PPiJP~~o Cb~rA.V,"Til>A1 If A Two~ l41Vt: IJ?II/t.-II'I CNcclliRj &STAVA...,v1 AJj4 4. Date: /O/skf?3 Permit denied: I Building Department /87 5. Case Number: Meeting Date: _N~{). IS /}"9.3 # 4- LEGAL DESCRIPTION: A PORTION OF SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE P ARTlCULARL Y 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 lHE EASTERLY RIGHT -OF -WA Y 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 UNE FOR A DISTANCE OF 106.84 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 DEGR2:ES 49 MINUTES 09 SECONDS EAST FOR A DISTANCE OF 301.90 FEET TO A POINT; n-iENCE RUN SOUTH 41 DEGREES 47 MINUTES 42 SECONDS EAST FOR A DISTANCE OF 227.66 FEt.T 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 MINUTES 51 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE FOR A DISTANCE OF 150.60 FEET TO A POINT; THENCE RUN NORn-i 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. B 0'1 CAst:: ." It) 9 b PROPOSED ~W.L ~Esi~~\~G ~w t . f'tII't 11M"." Il ,--.i J 1') l . \"'J. AIn/lf.1 8 '"'\. - - ""MENU SIGNS "- , , , " "" .' . 'hI.. " .~. . /./ 1lI:':,~ OA' :~,"/ T')- .~..' , .j>...~;~~. , +~~~ -____,_'1:_. .'.- , J. -!Q '-- ..-- ,_..' ~ . -.-~,~:~-::::~-~~~~.:-. . ,.,. . -~ .....,..~";.., BOYNTON BEACH BOULEVARD (S,R. * 804) "SI'"lt...., ."'l(tC.., ',-"fltr- ~_._ J j_~~~..._ __. . _ _ _ r . --- . CHECKERS DRIVE-IN RESTAURANT SITE PLAN BoA C4rc'if/Be; 10 ~ t, .l~; t . ".1'1 ~ ,~ ,,~ t ;; ( 'f e- ~ z. '\; II} " ~ -- I I. I .1 , ~". ' '01- I lit ~~ . \ \ j.- - - - \ \ \ .--""'~-- , \ , ~ \~~--':" o I ~ \ --'~ - ~~ .... -:;;,- -~ -1 , .r\ , - ,-P" ,~ _', >, .\~ 11'- ~ EXHIBIT "A" / tJF' 3 STATEMENT OF JUSTIFICATION VARIANCE REQUEST The Petitioner, Checkers Drive-In Restaurants, Inc., requests by this application a variance from Section 21-25(d) (Chapter 21/Signs) of the Code of Ordinances of the City of Boynton Beach. This section of the code allows one single-face menu sign for restaurants with drive through pickup window service. The purpose of this request is to allow the placement of one menu board for each of the two drive- thru lanes of a Checkers Drive-In Restaurant proposed to be developed on a 1.17 acre site located at the northeast corner of the intersection of Boynton Beach Boulevard and Old Boynton Road. Proposed site development for the requested Checkers Drive-in Restaurant is shown on the site plan accompanying this application, and Includes details of sign placement. In order to advance the proposal by Checkers for development of the site, applications have also been submitted to the City for conditional use and site plan approval. The Petitioner offers the following justification for the grant.ing of the requested variance: 1. Special circumstances exist. The Checkers concept is clearly unique and obviously was not contemplated when the current sign code was drafted. Most fast food restaurants have in-door dining areas and one drive-through window. Checkers Drive-In Restaurants obviously operate with a different concept since the Checkers building is used strictly for food preparation and to house two bathrooms. Approximately 80% of all of Checkers' business volume is through the double drive-thru lanes; the balance of the business volume is through walk-up service (although approximately half of the walk-up customers eat off-site). Great care is taken in the site design to meet projected business volumes and to ensure customer comfort and convenience. The placement of the two menu boards is part of this considered design. With the placement of the menu boards at each drive-thru lane as proposed, there is sufficient travel time from the point of ordering to the pick up window to allow the food preparation to have been completed by the time the customer reaches the window. Placement of the menu boards at any other area of the site, or the restriction to one menu board, severely diminishes the ability of the Petitioner to effectively service customers. Alternate design would result in severe impediments to traffic flow throughout the site and insufficient queuing within the drive-through lanes. eoA CA!;& */69 8 26(3 2. The Special Circumstances that exist are not of the Petitioner's making. The special circumstances that exist are not self-created nor a result of disregard or ignorance of the City's Code. Special circumstances exist because the City's code fails to contemplate a double drive-thru restaurant, thereby eliminating the possibility of developing a Checkers restaurant in the City unless variance relief is granted. 3. Granting the requested variance will not confer special privilege. The variances requested will not grant to the Petitioner any special privileges denied to others in the same district. The relief sought is needed because of the development concept Checkers utilizes. Without approval of the requested variance the Checkers Restaurant concept cannot be realized in the City of Boynton Beach at all. The menu board limitation is a provision of the City's sign code. However, this petition is in no way an attempt to gain signage allowances beyond that which is allowed by the Code for advertising or business identification purposes. The requested variance is the only avenue open to the Petitioner to allow use of the site for the restaurant proposed. 4. Literal interpretation deprives the applicant of commonly enjoyed rights. Strict application of the provisions of the sign code would deprive the Petitioner of any possibility of using the subject site for the development of a Checkers restaurant, although fast food restaurants are permitted within the C-2 zoning district. It is obvious that it is impossible to design the project with only one menu board to service two drive-thru lanes and still maintain adequate queuing and traffic flow throughout the site. 5. The minimum variance is requested. The variance requested is the minimum that makes possible the use of the property for a Checkers Restaurant. The Petitioner is seeking approval for one menu board in addition to the one allowed by the City's codes, in order to place one menu board within each of the restaurant's two drive-thru lanes. Boll e4S€ 11181 ? 3D(3 6. The variance will be in harmony with the intent and purpose of the code. The granting of the variance requested will not result in the creation of any circumstances or conditions that are not in harmony with the intent and purpose of the City's codes. The purpose of a variance is to allow for adjustments when the uniqueness of a proposed use renders certain Code provisions unreasonable. This situation is clearly met with the subject petition, since the Checkers Restaurant cannot be developed in the City at all without variance relief. Granting the requested variance will in no way adversely impact the health, safety, convenience, aesthetics or general welfare of the City, Granting the requested variance will allow the development of the subject site for a restaurant that will provide, in addition to a reasonably priced meal for workers and travelers in the general area, employment and additional tax revenue, benefiting the City as a whole. 81),4 CAs~ 11/8'1 ID / BUILDING DEPARTMENT MEMORANDUM NO. 93-213 October 27, 1993 To: Mike Haag, Zoning and Site De~lopment Don Jaeger, Building Official Al Newbold, Deputy Building 0 ficial Administrator Via: From: Re: Board of Adjustment Case No. 186 - Main Street Car Wash Case No. 188 - Joseph DeFeo, Jr. Case No. 189 - Checkers Drive-in It is very important that the facts, addresses, and code sections be correct in the event an applicant appeals the Board's ruling through the courts. Your department is in charge of the Board of Adjustment and is responsible for supplying complete, concise information spelling out the proposed hardships and indicating whether or not they are self-imposed. The Building Department has reviewed the above referenced cases and offers the following comments: Case No. 186 - Main Street Car Wash has requested variance to two additional items to comply with code, however, they should be listed as seeking relief from Chapter 21, Signs, Section 21-23 Setbacks, and Section 21-25 (b), regarding minimum height and size; not Section 21-16 Variance, since no one can be in violation of the variance section. It is for relief from other sections of the Code. Case No. 188 - Joseph DeFeo, Jr. - The property address should be 815 Bamboo Lane, Boynton Beach not Delray Beach, as listed on the application. The Board should also be made aware that this piece of property was separated from the original Sun Wah property and was purchased in December, 1992 as a separate parcel (see attached warranty deed). It is presently being remodeled changing it from a duplex to a single family residence under Permit No. 93-3220 issued 8/4/93. It may be possible to obtain additional property from Sun Wah in order to construction the 14' X 34' addition without coming within l' of the property line as shown on the attached survey. '-- Because the lot was subdivided, it may constitute a self-imposed hardship by not purchasing a large enough piece of property to make these improvements. The rear yard does have enough room to have a storage building added to the structure that may serve the owner's purpose without requiring a variance. n(~T 2 8 J993 ~ PI ANNING AMn ill MEMORANDUM NO. 93-213 To: Mike Haag, Zoning & Site Dev. Admin. From: Al Newbold, Deputy Bldg Off. Re: Board of Adjustment Page 2 October 27, 1993 Case No. 189 - Checkers Drive-in Restaurant - Please be advised that this request for relief from Section 21-25 (d) relating to the number of menu signs permitted, will not allow installation of the pylon sign located in the front of the structure within the 10' required setback. This will codition will require the owner to request relief from Section 21-23, Setbacks also. If Checkers wishes to include this additional request, your Board may wish to table this item rather than having the applicant withdraw their application. If withdrawn, it cannot be submitted for rehearing by the Board within a six months period. ~/<<? Al New 01 AN:lI'h A: 1868889.BOA \Jo-.' !.. ~.L..~ PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 93-275 FROM: DOzen J~j~' Building Official Mich ' ~'~aag, Zoning and Site Development Admin trator TO: DATE: October 21, 1993 SUBJECT: Review of Board of Adjustment Cases Enclosed please find copies of the applications for the Board of Adjustment meeting of November 15, 1993 for your perusal. Please let us know if you have any comments prior to November 2, 1993. The drawings for these cases for your review are in the Planning and Zoning Department office. CC/cmc A:BOA2 PLANNING AND ZONING DEPARTMENT MEMORANDUM #93-274 TO: Sue Kruse city Clerk FROM: Michael E. Haag Zoning and site Administrator DATE: October 21, 1993 RE: Board of Adjustment Cases for November 15, 1993 Meeting Case #186 - Main Street Car Wash - Sign Code (New Ad) Case #188 - Joseph Defeo, Jr. - Zoning Code Case #189 - Checkers Drive-In Restaurant, Inc. - Sign code 1 Accompanying this memorandum, you will find a copy of the applications and supporting documentation for the above- referenced variance cases. Two checks in the amount of $400 each to cover the review and processing of Cases #188 and #189 have been forwarded to the Finance Department. As per the City Attorney's instruction, a new ad and variance will be processed for Case #186. The legal advertisements for this request will be forwarded to your office after review by the city Attorney and City Manager. ael E. Haag cc: Case #186 file Case #188 file Case #189 file A: PHTRANS.JM 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 8 working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: PLANNING & ZONING DEPARTMENT PREPARED BY: Michael Haaq DATE PREPARED: 10-21-93 BRIEF DESCRIPTION OF NOTICE OR AD: Board of Adiustment - Case #189 - Meetina Date November 15. 1993 Checkers Drive-In Restaurant. Inc. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard Leqal Ad SEND COPIES OF AD TO: Property Owners within 400' radius of subiect property. Applicant and the Planninq & zonina Dept. NEWSPAPER(S) TO PUBLISH: To be determined bY City Clerk DATE(S) TO BE PUBLISHED: To be determined by city Clerk APPROVED BY: ( 1 ) / .-~~~ (Depart ent 'ead) /c~/h3 /(Date) ( 2 ) (City Attorney) (Date) ( 3 ) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: A:PHZONRTE.JH 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 hearing as indicated, under and pursuant to the provisions of the Sian Code of said City: Case #189 Agent: Anna Cottrell, Agent for Checkers Drive-In Restaurant, Inc. Requested Variance: 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-in Checkers Restaurant. The variance is to Section 21-25 (d) of the Sign Code (Chapter 21 of the Code of Ordinances) . Location: Northeast corner of Boynton Beach Boulevard and New old Boynton Road. Legal Description: 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 minutes 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 1 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 A:PH-SIGN.JM