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APPLICATION -'9079 U 9J-:tJ/,2 '~ycQ/1 CITY OF BOYNTON BEACH BOARD OF ADJUSTMENT APPLICATION Submittal Deadline: See scehdule of dates for Board meetings and submittal dates Please print (in ink) or type Submittal date: ~1?;J'Cll5 , . 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 staters): Property involved is described as follows: Lot(s) ~t~~d ~~ {see.. \Q..~\ <.\cc.SCG\~" \ , Block , Subdivision , Plat Book , Page or otherwise described as follows: Property Address The following documents form a single package. S E' Co, \\O-\" OJ; CP"3r-~~s A\j~ ~ l.Joo\b<.\3'^t~6. are required to be submitted with this application to 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 plans properly dimensioned and to scale showing: A. All proposed structures B. All existing structures that are to remain on 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 alJ 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 anc legal descriptions of their property within 400 feet of subjec1 property, as recorded in the County CQuz;t.hou... Such 11.t. ShAll bl accompanied by an Affidavit (see attached) stating that to the best 0: the applicant's knowledge, said list is complete and accurate. 4. Proof of ownership of property by petitioner ( s) , such .s deed 0: purchase contract agreement. If an agent is submitting the petition. i notarized copy of a letter designating him as such must accompany th_ petition. 5. Statement of special conditions, hardships or reasons justifying thl requested exception or variance. Respond to the six (6) questions bel01 (A-F) on a separate sheet (Please print or type): A. That special conditions and circumstances exist which are peculia: to the land, structure or building involved and which are no applicable to other lands, structures or buildings in the sam zoning district; Page 2 of 3 B. That the special conditions and circumstances do not result from the actions of the applicant; C. That 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 provisions 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 structure; F. That the granting of the variance will he 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. 6 . An application fee in the amount of $ 400. 00, payable to the Ci ty of Boynton Beach, must accompany a completed application. The $400.00 application fee covers a request to vary one (1) section of the Code. Seeking relief from more than one section of the Code will require payment of $100.00 for each additional Code section. 7. Name and address of owner: RFK En+opri~ of &yn+On Fbalch;If1c. 8. Name of applicant: UCO::fl1~ ~ Corp. ~ A1rn s.~1 Applicant's address: .sea Old Ot:<<cn::vcG~,-eut~IDI UJPf:;JFL.~~ Applicant's phone *: 40, toee .(X)48 Date: Signature of Applicant: ~~ ----------------------------------------------------------------------- To be completed by the Building Official or Representative 1. Property is presently zoned: C - 3 Formerly zoned: R I-AA / [C(li I 2. Property Control Number: 08 4 s 1<.) 6L 00 000 3oC(a 3. Denial was made upon existing zoning or sign requirements ( list sections[s] of Code from which relief is required): C'ha.p\er '2.\ I ,6,-\:\c\~ \V, 5e<':~r\ '2.:b I 4. Nature of exception or variance required:VQ.<;\c\C\((I Df' \.\1.'5 "<:;'e-t. -\0 a\\ow ..t~Q. CO (\st(vck,~ O{' (\. N\env b 00..(6 Q, ~ Q. sv~'('c~ f'f\(~(Y~\~<;;'/~N\n(c -01(1\\'.\\....,40 c. h{i.\~~* of=' <0.\'25 -<='t'.t'-\ l('\~.\eo.~ '/ 0.(" .(; ~ .(' e \!\. . Date: N .~ Permit denied: No C,~lfuk,,, has b:v^~\\e~l I Building Department p-ef\O,t"'\ c\P?\<>'j(~ t:A vcx\c"t'\ U 5. Case Number: '2. \ \ Meeting Date: N 01,1 ,LV I \ q q S ----------------------------------------------------------------------- To be filled out by Board BOARD OF ADJUSTMENT ACTION: Approved Aye Denied t~ay Stipulations. Signed: Chairman f- ~-', ," \ / \ , \ McDonald'!:l Corporation 5200 Town Center Circle Suite 600 Boca Raton, Florida 33486 (407)391-8003 Fax: (407)750-0199 MCQona~d'S @ May 23, 1995 Ms. Tambri Heyden, Planning Director City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: AGENT'S AGREEMENT FOR ROBERT E. BASEHART AND/OR ANNA S. COTTRELL TO REPRESENT McDONALD'S/AMOCO, PROPERTY LOCATED AT THE SEC OF WOOLBRIGHT & CONGRESS AVENUE Dear Ms. Heyden: This correspondence shall confirm the authorization for Robert E. Basehart and/or Anna S. Cottrell of Basehart & Cottrell, Inc, (BCI), to act as agent(s) and representative(s) for development approvals to allow a drive through restaurant (McDonald's), gasoline station and a convenience store (Amoco) on the above referenced property. This authorization is intended to confirm that the agent(s), BCI, will prepare and submit all documentation for the required development applications, will attend all meetings pertaining to the applications and will represent the applicant, McDONALD'S/AMOCO, at any required public hearing, including but not limited to, the Planning and Development Board, the Board of Adjustment and the City Commission, As agent(s) for the referenced applicant, Robert E. Basehart and/or Anna S. Cottrell are authorized to agree to terms and conditions which may be placed on the aforesaid approvals. ~/L~~ Clark W. Bridgman Project Manager STATE OF FLQRIDA _ L COUNTY OF IAt-M Bt'"t'(ft \ The foregoing instrument was acknowledged before me this 30 day of HA \{ ,1995 by (J(I,rt \!\J. ~',nG\1(Vl(H\ as agent for McDonald's Corporation, d/b/a McDonald's Corporation, a Delaware company, a cq~poration duly organized under the laws of the State of Delaware, on behalf of the corporation. \'t.e...., - is personally known to me and did take an oath. ~a;~(V/l/~:~f~~s'" otary Public ~ VV\ ~~'~'\!;SIONe.'.', 'r~~. Printed Name: --! _ ran CarS :' ':~~~~'?Y5,I~'.' \. Commission #: CL 2 "'So /85 .: : S # ':e, cJ' :"* :.: My Commission Expires: I - ~.-q I .~ -'- : ~ ~ ....... : oCt:;' ,; 1"\ . .Q t.~ \. .Ill'C25Q135 /$:' .' .,.... 11''' .iN .....~ ". ...~ ," '., ');1',-.... ....~.I::S'" ' " . '-'Sue S1 to. ~ ,':'. ' . , ; . 4 , ~ ~ . f,.' ~ 1:\WORDlAMOCO\BOYNTBCH\AGENT,001 Page 3 of 3 C E R T I F I CAT ION TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND CORRECT LIST OF PROPERTY, OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE APPLICANT'S PROPERTY. ~ APPLICAN~ APPLICAT.WP5 Page 3 of 3 STATEMENT OF USE AND JUSTIFICATION The Petitioner requests by this application approval ofa variance from Chapter 21, Article 4, Section 2D of the City Zoning Code, , to wit: "... 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. II Specifically requested is a variance of1.125 feet, to allow the construction ofa menu board at the subject McDonald'slAmoco facility, to a height of 6.125 feet. The McDonald'slAmoco facility was approved by the City Commission on August 15, 1995, for a conditional use and site development plan. In all respects, the site development plan meets all ofthe property development regulations of the City's Zoning Code, and meets or exceeds all of the landscape code requirements. No variances other than the menu board height are requested. The height variance will allow a standard size McDonald's menu board to be installed at the site, at a height that is convenient and easy for customers to read. The menu board serves to inform customers of menu selection and price prior to ordering. The additional height is needed to present the menu board at the most appropriate customer viewing level, so that all of the menu selections and prices are displayed in an easily read format, The variance requested meets all of the criteria required for approval, as follows: A. 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. The special conditions which exist are related to McDonald's site development and building plans. The site development plan provides the minimum stacking before the menu board, and between the menu board and the pick up window, for an order to be placed by customers with sufficient time for the McDonald's staff to have the items ready by the time the customer reaches the pick up window. The speed and efficiency which is accomplished is due, in part, to the ability of the customer to see the full range of menu items and prices, so that ordering is accomplished without delay. A menu board that is reduced below the height that is easily read by all customers, or below the size which is required to provide room for all of the menu items, requires much more communication between the customer and staH: and slows down ordering time considerably, thus hampering operations. B. The special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances are the result of the specific operation and building for the McDonald's restaurant. McDonald's has tested its operation many thousands of times, and has determined that the menu board must be easily read from all vehicles, and must contain all of its menu items and prices to allow the speed and efficiency that customers expect. A change in the height of menu board would place much of the lettering below that which is easily read from a vehicle. A reduction in the size of the menu board to meet the five feet height limitation, would require the removal of some of the menu items, or the removal of prices, or a reduction in the lettering size. N one of these options are feasible, since any would significantly hamper operation and reduce the viability of the business. C. That 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. The granting of the variance will allow the placement of the standard size McDonald's menu board which meets all of the City's codes other than height. Other restaurants provide a much more limited selection of menu items, so menu boards meeting the size and height requirements provide enough area to display all items and prices at a height easily read. McDonald's larger selection requires the full 25 square feet allowed by the Code for menu boards, and the placement of the board at a height above five feet so that all portions of the board can be easily read from a vehicle. There is no special privilege gained by the height increase, only the ability to display all of the menu selections and prices. D. That literal interpretation of the provisions 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. A literal interpretation of the CitYs codes which restrict the menu board height to five feet would require placing the standard size McDonald's menu board below the height which is easily read by customers seated in a vehicle. This would hamper the efficiency of the McDonald's operation, and would be an inconvenience to customers, In addition, the applicant would be required to design and have manufactured a menu board that is usable for this subject site only, since it would be inconsistent with the standard McDonald's menu board. The design and manufacture of a sign for this site only would be very costly, and would produce a less than desirable result, since it would require either the deletion of certain menu items, deletion of pricing information, or a reduction in lettering below that which is convenient for customers to read. The requirement to design and manufacture a menu board for this site only would place an undue hardship on the petitioner. E. The variance requested is the m1nltnntn variance that will make posS1ole the reasonable use of the land, building or structure. The requested variance is the minimum variance needed to provide a menu board which can accommodate all of the menu items and prices the restaurant offers, placed at a height conveniently and easily read by customers. A reduction of the menu board height would place the board below that which is required for easy reading, or would require the deletion of some menu items or the items' prices, or, alternatively, a reduction in the size of the lettering. Deletion of menu items or prices would hamper operations by slowing drive-thru service. Reduction in the size of the letter would pose an inconvenience for customers. F. The granting of the variance will be in harmony with the general intent and purpose of the City's codes, and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The intent and purpose of restricting the size of menu boards is to limit the opportunity for on-site advertising above that which is granted by the sign code. The granting of the requested variance of 1,125 feet above the five feet which is allowed does not in any way provide additional advertising for the McDonald's proposed. The additional 1.125 feet is only related to the placement of the standard McDonald's menu board in such a way that it is easily read by customers. Menu boards are also limited in size in order to reduce the aesthetic impact of such structures, The McDonald's menu board will be placed in the southeast portion of the site, behind the restaurant. It will not be visIble from off-site, nor even from any portion of the site other than from the position of a car entering the drive-thru service lane. There is no aesthetic impact associated with the menu board, so there will be no impact associated with an increase in height by 1.125 feet. There is no impact whatsoever on the public health or safety which is related to the requested variance. Granting the additional height requested for the McDonald's menu board will simply provide more convenience and better service to customers, and, therefore enhance the McDonald's operation.