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LEGAL APPROVAL Prepared by: Michael J. Pawelczyk, Esq. Assistant City Attorney, City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 CITY OF BOYNTON BEACH BOARD OF ZONING APPEALS ORDER GRANTING RELIEF IN RE: Case No. 224 St. Joseph's Episcopal Church and School 3300 south Seacrest Boulevard Boynton Beach, FL The Appellant, St. Joseph's Episcopal Church and School, through its agents, appeared before the Board of Zoning Appeals on October 21, 1996 and requested Relief from the City of Boynton Beach Land Development Regulations, Chapter 21 - Signs, Article IV, Section 1.B., which limits freestanding signs to 32 square feet in size and 6 feet in height to allow a size of 106 square feet and a height of 14 feet 6 inches. Based on the testimony of Howard Ferrin, Architect, and Father Michael Cassell, the Board finds that a basis for relief has been established. Accordingly, IT IS ORDERED THAT: DATED: /1/7#~ I ' ATTEST: MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA OCTOBER 21,1996 at the gate, 7 foot 4 inches at the remaining piers, and 6 foot 4 inches for the white aluminum picket fence. Mr. Gold acceptea-Attorn"ey Pawelczyk's wording of the motion. Mr. Rappoport seconded the motion. /~OJLcalJ vo'te was polled by the Recording Secretary. The motion carried unanimou~(y: \ -' ~- I l C~e No. 224 Saint oseph's Episcopal Church and School 3300 outh Seacrest Boulevard Sa' t Joseph's Episcopal Church Relief from the City of Boynton Beach -Land Development Regulations, Chapter 21- Signs, Article IV, Section 1.B, which limits freestanding signs to 32 square feet in size and 6 feet in height to allow a size of 106 square feet and a height of 14 feet 6 inches. Howard Ferrin said some of the drawings in front of the board make this look like a monstrous looking structure. The comments talk about a 14 foot 6 inch high sign. He did not consider the top of the cross or the little portion that is an angle and holds up the cross as part of the sign. It is identification, but it is not advertising. From the existing base to the top of the sign is 7 feet 3 inches. The 1 foot 9 inch base could be reduced about 1 foot 5 inches so that we have a 4 inch slab to support the sign. The proposed sign would be perpendicular to Seacrest Boulevard. The sign that you see as you travel Seacrest is parallel and you cannot see it until you are right in front of it. The reason for this new structure, which would match the existing structures on the property, is to identify the Saint Joseph's Episcopal Church and School before people get to the driveway. Prpject: Location: I Owner: Req~ested Variance: The letters on the proposed sign are Roman style letters, which are not easy to read. The capital letters are only 9 inches. The lower case letters are only 6 inches. He distributed a letter visibility chart showing maximum readable distances and letter heights. He pointed out that a solid block 9 inch letter is visible from 400 feet. The Roman style letters are not as easy to read as solid block letters. He did not feel anyone would find the sign or the lettering overbearing for the location and the size of the property. It is 15 feet back from the property line. The Code requires it to be only 10 feet back. It appears that from the description and the recommendations from staff, the square footage of this sign is tremendous. However, he assured the board that when it is on the property, it would not be that way at all. 5 MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA OCTOBER 21,1996 The blank area on the bottom of the sign will be used discretely as a marquee for announcements and upcoming events, The entire display would not be overbearing, day or night. In the daytime, the lettering "Saint Joseph's Episcopal Church and School" would appear to be black. At nighttime, under illumination, it turns white. The copy on the marquee can be a solid background with illuminated letters, or vice versa, He felt this sign would be very attractive and in keeping with the balance of the architecture on the entire property, The church officials would like to the sign to be the same color as the buildings on the property. Attorney Pawelczyk reminded the members of the board that they should take into consideration the letter from Chris Wenzel when making their decision. Mr. Rappoport asked if there is a sign there no\-, and, if so, what size it is. Mr. Ferrin said the size of the sign there now has an overall height of 5 feet 4 inches and is approximately 10 feet long. The size of the lettering is about 1 inch smaller than what is shown on the proposed sign. Mr. Lewicki said the proposed sign is 106 square feet. The Code allows 32 square feet. Under Article II, Section 1.B, Chapter 21. the board can increase the allowable area up to 25 percent. The height of the sign is 8 feet 6 inches, which is 142 percent of the maximum allowable area. The board has the authority to approve the height of the sign up to 7.5 feet and the size of the sign up to 40 feet, which is 66 square feet smaller than requested. Father Michael Cassell said there is an extremely attractive sign in front of a church in Lake Worth. It was made by Mr. Ferrin. Father Cassell said he is not asking for anything peculiar, odd, or strange. He pointed out that Saint Joseph's Church and School has contributed vitally to the community, not only aesthetically, but culturally and religiously, It has contributed dramatically to the worth of the real estate in that area. The activities that they hold are not only of interest to their own parish. They are also of interest to the community. He stated that many of the signs that have been in front of this property have been so small that they have been a hazard because people cannot see them. The purpose of the proposed height of the sign is so that it is readable and noticeable. Chairman Miriana opened the floor to the public. Attorney Pawelczyk reiterated what Mr. Lewicki had stated. The Code states that no variances may be granted for signs expressly prohibited by this Chapter. This basically means that a variance can only be granted to allow the area and/or height of a sign to be increased by up to 25 percent Qt the maximum height or area. 6 . . -"""..........,.,............:t-.,.~ .....~ MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA OCTOB ER 21, 1996 Ms. Heyden explained that when we redid our sign code a couple of years ago, we felt our sign code, compared to other cities, was pretty liberal. We allowed very large size signs and very tall signs. We have provided for an amortization period to bring those signs into conformance. The only reason the 25 percent was added in was to allow currently nonconforming signs to be evaluated to see whether or not there was some hardship and allow them to exist or be modified with some sign height and sign size considerations, Stella Rossi asked if the illumination light is going to be on all night and if it is going to be shielded. Father Cassell advised that it is on a timer. He had no intention of burning the light all night long. Mr, Ferrin added that it would be internally illuminated fluorescent lighting and would not be an overbearing illumination. Mr, Gold asked if the applicant would be satisfied with a 25 percent increase. Father Cassell answered affirmatively. Ms. Hollingshead suggested that if the board approves the 25 percent, the Planning and Zoning Department make sure that what comes back is not substantially different from what we have seen tonight. She was not sure it would be a miniature version of what is being proposed. Ms. Heyden said in all cases, whatever variance is approved, it goes back to permitting and the necessary changes are made. The applicant will have to revise the sign drawings to comply with the variance that is approved, but will not have to come back to this board. Staff will make sure that the applicant's new sign permit meets whatever is allowed. Ms. Huckle felt the applicant has demonstrated a hardship. Motion Ms. Huckle moved to grant the variance in accordance with the guidelines of Article II, Section 1.B of Chapter 21, which is the section related to allowing the area and/or height of the sign to be increased by up to 25 percent of the maximum allowable height or area. Mr, Gold seconded the motion. A roll call vote was polled by the Recording Secretary. The motion carried unanimously. 7. OTHER BUSINESS None. 7 ~.~.~_. ...."._..c_~. '--.. ", , t,; ; ~! '( 'i i I 2 1996 I~ NOTICE OF PUBLIC HEARING NOTICE IS HERESY GIVEN that the following application has been made to the SOARD OF ZONING APPEALS of the CITY OF BOYNTON BEACH, FLORIDA, for a variance as indicated, under and pursuant to the provisions of the zoning code of said City: Case #224 Owner: St. Joseph's Episcopal Church and School Requested Variance: Relief from the City of Boynton Beach Land Development Regulations, Chapter 21 - Signs, Article IV, Section 1,B which limits freestanding signs to 32 square feet in size and 6 feet in height to allow a size of 106 square feet and a height of 14 feet 6 inches. Location: 3300 South Sea crest Boulevard Legal Description: The Northwest Quarter, (N.W. 1/4), of the Southwest Quarter, (S,W. 1/4), of the Northwest Quarter, (N.W, 1/4), of Section 4, Township 46 South, Range 43 East, together with the East half, (E.1/2), of the Northeast Quarter, (N.E. 1/4), of the Southeast Quarter, (S,E. 1/4), of the Northeast Quarter, (N.E. 1/4), of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida, less that parcel described in official Record Book 3494, page 148, Palm Beach County Public Records, Also Less the East 40 feet of the said NW 1/4 of the SW 1/4 of the NW 1/4 of Section 4, Township 46 South, Range 43 East. Use: Church/School A PUBLIC HEARING before the Board of Zoning Appeals will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Monday, October 21, 1996, at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Board of Zoning Appeals 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, CMC/AAE CITY CLERK (561) 375-6062 PUBLISH: THE POST OCTOBER 10, 1996 a:lglsj224.wpd c: City Manager, City Attorney, City Commission, Planning, Files PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-482 TO: Sue Kruse City Clerk D' ~iJ.)J Tambn J. Heyden, AICP (),~ f./' Planning and Zoning Directi:'- 1:1 FROM: DA TE: September 27, 1996 SUBJECT: St. Joseph's Episcopal Church and School Case No, 224 File No, BZAV 96-008 (Sign height and size) Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case, A check in the amount of $400.00 to cover the review and processing of this application has been forwarded to the Finance Department. The legal advertisement for this request will be forwarded to your office after review by the City Attorney and City Manager. The requested variance is scheduled for the October 21, 1996 meeting, T JH:bme Attachments a: Iglsj224. wpd NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the BOARD OF ZONING APPEALS of the CITY OF BOYNTON BEACH, FLORIDA, for a variance as indicated, under and pursuant to the provisions of the zoning code of said City: Case #224 Owner: St. Joseph's Episcopal Church and School Requested Variance: Relief from the City of Boynton Beach Land Development Regulations, Chapter 21 - Signs, Article IV, Section 1.B which limits freestanding signs to 32 square feet in size and 6 feet in height to allow a size of 106 square feet and a height of 14 feet 6 inches. Location: 3300 South Seacrest Boulevard Legal Description: The Northwest Quarter, (N.W. 1/4), of the Southwest Quarter, (S.W, 1/4), of the Northwest Quarter, (N.W. 1/4), of Section 4, Township 46 South, Range 43 East, together with the East half, (E.1/2), of the Northeast Quarter, (N.E. 1/4), of the Southeast Quarter, (S,E. 1/4), of the Northeast Quarter, (N.E. 1/4), of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida, less that parcel described in official Record Book 3494, page 148, Palm Beach County Public Records, Also Less the East 40 feet of the said NW 1/4 of the SW 1/4 of the NW 1/4 of Section 4, Township 46 South, Range 43 East. Use: Church/School A PUBLIC HEARING before the Board of Zoning Appeals will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Monday, October 21,1996, at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Board of Zoning Appeals 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, CMC/AAE CITY CLERK (561) 375-6062 PUBLISH: a: Iglsj224. wpd