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LEGAL APPROVAL %e City of $oynton ~eacli ~~ ~. . ;.j ',- I~ r-" ,,' / I',. I Ar ~ 100 'E. tJJoynton flJUIdi tJJouievartl P.O. flJo~310 flJoynton flJeadi, :FforUfa 33425-0310 City:Jfaf[: (407) 375-6000 :FJU: (407) 375-6090 November 22, 1995 Robert E. Basehart and Anna Cottrell Basehart and Cottrell, Inc. 1532 Old Okeechobee Road, Suite 101 West Palm Beach, Florida 33409 Re: McDonald's/Amoco Restaurant and Convenience Store Board of Adjustment Case #211 Property location: Southeast corner of Congress Avenue and Woolbright Road Dear Mr. Basehart and Ms. Cottrell: Please be advised that your request for relief from Chapter 21 - Signs, Article IV, Section 2.D of the City of Boynton Beach Land Development Regulations to allow the construction of a menu board to exceed the height allowed from five (5) feet to a height of 6.125 feet(1.125 feet higher than allowed) was approved by the Board of Adjustment at their November 20, 1995 meeting. If I can be of further assistance, please contact me. 1jcenj)hcJtL ~ J. Heyden Planning and Zoning Director TJH:dim cc: Building Division Central File a:aprvLtr.MAC/BOA ;;{merica's (jateway to tlU (julfstream MINUTES BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 20, 1995 6. NEW~BUSL~ESS ~LlB UCH EARING A. Case No. 211 Location: Southeast corner of Congress Avenue and Woolbright Road McDonald's/ Amoco Request for relief from Article IV, Section 2.0 of Olapter 21 - Sign Code of the City of Boynton Beach Land Development Regulations for height of sign variance. Property Owner: Requested Variance: Vice Chairman Miriana read portions of this application, including the applicant's Statement of Use and Justification. Ann.a Cottrell, 1532 Old Okeechobee Road, West Palm Beach, and Clark Bridgeman, Project Engineer with McDonald's Corporation, were present. Ms. Cottrell said there is one item left on the justification that was submitted. It relates to the impact on publJc health, safety, and welfare. As indicated .in the justification statement, there is no adverse impact on public health or safety associated with this variance request. The menu board in question is not an advertising sign. It is simply a device that provides an efficiency in the operation of tlie McDonald's or any other drive through restaurant. In this case, it is the absolute minimum in terms of its height in order to meet the requirement that the height not be greater than five feet, and the variance not greater than 25 percent above that. In this case, some compromises have been made in the placement of the menu board. Typically, they are several inches between the ground and the bottom of the board. In this case, it will be placed as close to the ground as possible in order to secure it and to meet the wind load requirements and other structural requirements. Chairman Thompson asked what the difference is between this sign and the signs of the other two McDonald's in Boynton Beach. Ms. Cottrell said they are the same. The reason that this sign needs a variance is that the other signs were permitted under the old sign code, and there were greater allowances under the old sign code with regard to the menu board height and size. Therefore, in order to stay with the standard design, the variance is required. 7 ~- , .,.. . _ ,~"....~ '" . ".r =- _, ~ , ~. ~ ,_.~_ __ . '" ".... ,,- . ~'''_.'_M ,._~ ."........".,...~'".. ,""". '~-""" -,.,- MINUTES BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 20, 1995 Mr. Bridgeman confirmed this statement. He said the menu board will be put in a discreet area and landscaped nicely. It win not create an unpleasing effect to the general public. There was no one in the audience to speak against the granting of this variance. Vice Chairman Miriana was glad the sign will be facing the south side and not the street. Mr. Haag used the overhead projector to review the site plan. Motion Mr. Taylor moved to accept the variance of 1.125 feet to allow the construction of a menu board at a subject McDonald's/Amoco facility to a height of 6.125 feet instead of 5 five. Mr. Uleck seconded the motion, which carried unanimously. 7. OTHER BUSINESS None. 8. COMMENTS BY MEMBERS Chairman Thompson hoped to have a full Board by the next meeting. Vice Chairman Miriana suggested putting a little pressure on the City Commission to try to get some members to serve on this Board. Chairman Thompson reminded the members to call City Hall if they intend to attend the Annual Board Dinner. 9. ADJQllR.NMENI There being no further business to come before the Board, the meeting was adjourned at 8:09 p.m. ~1 gy~v?- 8 Eve Eubanks Recording Secretary - One Tape ~. _. .~ .-:' P ~:.J13sl&r v'l( NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of Adjustment of the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:00 P.M. on Monday, November 20, 1995 at City Hall Commission Chambers, 100 East Boynton Beach, Boulevard, Boynton Beach, to consider an application for a variance to the sign code for the fOllowing described property: Case #211 Applicant: Owner: Address: Use: Variance Requested: ....',._' ,,.. < ."1. , .. ~ >,-r). i\ ,.,/~ ..'.,.1 , .' \-- \ Nature of Variance Requested: Legal Description: McDonald/Amoco RFK Enterprises of Boynton Beach, Inc. 1610 S. Congress Avenue Drive-through restaurant (McDonald 's) , gasoline station and a convenience store (Amoco) Chapter 21-Signs, Article IV, the Boynton Beach Land Regulations. Section 2D of Development "Such signs will allow for instructions on use of pick-up window service and list the menu and price of items to be served, with the top of the sign not to exceed five. (5) feet above ground level at the base of the sign." Variance of 1.125 feet, to allow the construction of a drive-through menu board to a height of 6.125 feet, instead of five feet, rather than the maximum height of five feet. From the Northwest corner of section 32, township 45 south, range 43 east, Palm Beach County, Florida, said corner being on the centerline of the 120 foot right-of-way of Congress Avenue, thence run south 01023' 24" east along the west line of said section 32, for a distance of 351.05 feet; thence run north 81040'08" east, along a line 351.00 feet south of and parallel with, as measured at right angles to, the north line of said section 32, for a distance of 115.36 feet, to the point of beginning of the parcel of land hereinafter described: thence continue north 81040'08" east, along the last described course, for a distance of 182.40 feet; thence run south 01023'24" east, along a line 291.72 feet east of and parallel with, as measured at right angles to, the said west line of section 32, for a distance of 200.00 feet; thence run south 81040'08" west, along a line 556.91 feet south of and parallel with, as measured at right angles to, the said north line of section 32, for a distance. of 221.75 feet; thence run north 01023'24" west, along a line 76.00 feet east of and parallel with, as measured at right angles to, the said west line of section 32, for a distance of 160.65 feet; thence run north 43008'22" east, for a distance of 56.10 feet, to the point of beginning and containing 1.0002 acres more or less. Page 2 Notice of Public Hearing McDonald's/Amoco Case #211 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 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, CMC/AAE CITY CLERK (407) 375-6060 PUBLISH: BOYNTON BEACH NEWS 11/2/95 & 11/9/95 e: C/mgr, C/attny, C/eomm, Planning, File