LEGAL APPROVAL
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City !J{aff: (561) 375-6000
:f.9tX: (561) 375-6090
April 4, 1997
Alan J. Ciklin
515 North Flagler Drive, Suite 1700
West Palm Beach, Florida 33401
Re: Pete Rose Cafe at Catalina Center
Board of Zoning Appeals Case #232 - allow an additional freestanding sign.
Dear Alan Ciklin:
Your request for a variance regarding the above referenced case was approved by the Board
of Zoning Appeals at its March 17, 1997 meeting, subject to the condition that the sign be
moved outside of any utility easements or subject to the applicant obtaining removal
agreements from those utility companies having an interest in the utility easement where the
sign is proposed.
If I can be of further assistance, please contact me.
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Sincerely,
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iTambri J. Heyden, AICP
Planning and Zoning Director
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Case File
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MEETING MINUTES
PLANNING & DEVELO. .~ENT BOARD
BOYNTON BEACH, FLORIDA
JULY 8, 1997
Chairman Dube acknowledged the arrival of City Manager Willis and board alternate, James
Reed.
2.
Project:
Agent:
Owner:
Location:
High Ridge Commerce Park PIO
J. Richard Harris, Esq.
Condor Investments of Palm Beach County, Inc.
Southern-most 10' of the High Ridge Commerce Park PID,
located at the northeast corner of High Ridge Road and
unimproved Miner Road.
Request to abandon a 10' wide utility easement along the
south property line of the High Ridge Commerce Park PID
Description:
Motion
Vice Chairman Golden moved to recommend abandonment of a 10' wide utility easement along
the south property line of the High Ridge Commerce Park PID subject to staff comments. Mr.
Rosenstock seconded the motion which carried unanimously.
Attorney Pawelczyk reminded Mr. Harris that we will require evidence of the recorded
documents prior to. preparation of the Resolution. Mr. Harris will provide the Planning
Department with the necessary evidence.
8. COMMENTS BY MEMBERS
Pete Rose's Sian
Mr. Aguila questioned how the Pete Rose's sign was allowed, and asked who looked at the
aesthetics of the sign in order to approve it.
Ms. Heyden advised that a variance was approved by the Board of Zoning Appeals for that
sign.
Mr. Aguila expressed his opinion that this is the stupidest configuration of signage that he has
seen in a long time.
Ms. Heyden explained that staff made a comment relative to combining the two signs into one
monument; however, they could not get agreement on this issue. Pete Rose's needed to have
its own sign.
Mr. Aguila pointed ourthat what Pete Rose's needed was not in the best interest of Boynton.
Election of Chair and Vice Chair
Chairman Dube pointed out that it is allowable to waive a notice of meeting. He questioned
why the election could not be held now with a waiver of notice of meeting since this was an
oversight by staff.
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Prepared by: Michael J. Pawelczyk, Esq.
Assistant City Attorney, City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
00
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APR
CITY OF BOYNTON BEACH
BOARD OF ZONING APPEALS
PLANNING AND
ZONING DEPT.
ORDER GRANTING RELIEF
IN RE:
Case No. 232
Project: Pete Rose Cafe at Catalina Centre
Location: Northwest corner of Congress Avenue and the C-16
Boynton Canal
Owner: Walboyn Development Corporation
Requested Variance: Variance to Article IV, Section 2.B. of
Chapter 21 of the City's Land Development Regulations to allow an
additional freestanding sign on the property.
The Appellant, through their attorney, Alan Ciklin, appeared before the
Board of Zoning Appeals on March 17, 1997 and requested a variance to Article
IV, Section 2.B. of Chapter 21 of the City's Land Development Regulations to
allow an additional freestanding sign on the property.
Based on the testimony of Alan Ciklin, the Board finds that a basis for
relief has been established. Accordingly,
IT IS ORDERED THAT:
The request for variance of Pete Rose Cafe at Catalina Centre for Variance to
Article IV, Section 2. B. of Chapter 21 of the City's Land Development
Regulations to allow an additional freestanding sign on the property (13'-3" sign
approximately 40 square feet), is r d, provided hat the sign is placed
outside any utility easements or t at the ap Ii nt ob i s removal agreements
with all utilities and provide that inf rmat' n t nning De artment.
DATED: ~k'9"?"
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Cit Clerk
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MEETING MINUTES
BOARD OF ZONING APPEALS
BOYNTON BEACH, FLORIDA
MARCH 17,1997
Motion
Ms. Hollingshead moved to GRANT the variance as requested and as stated in the petition. Mr.
Rappoport seconded the motion. A roll call vote was polled. The vote was 4-1. (Vice Chairman
Miriana dissented.)
Case No. 232
Project:
Location:
Owner:
Requested
Variance:
Pete Rose Cafe at Catalina Centre
Northwest corner of Congress Avenue and the C-16 Boynton Canal
Walboyn Development Corporation
Variance to Article IV, Section 2.B of Chapter 21 of the City's Land
Development Regulations to allow an additional freestanding sign.
Alan Ciklin, representing Pete Rose's Restaurant, was present. Mr. Ciklin advised that Pete
Rose's is a very popular restaurant which presently exists in West Boca Raton. This will be the
second Pete Rose's restaurant which will benefit the commercial area and the City.
This restaurant is currently being built in the restaurant that was part of the Holiday Inn-Catalina.
Because this restaurant was once part of the hotel, the entrance is in excess of 200' from Congress
Avenue. The only existing signage is over the door. The Sign Code allows for only one
freestanding sign per site. When you drive by this area, there is a freestanding sign which
advertises the Holiday Inn. The Sign Code provides for a variance procedure to permit an increase
in the number of signs when the topography prevents allowable signage from adequately identifying
business on the property. This restaurant curves west. In addition, there is a parking lot containing
approximately 85 spaces between the front of restaurant and Congress Avenue. It is very difficult
and dang0rous to try to see the front of the restaurant. (Mr. Ciklin described the difficulty involved
in trying to see the restaurant regardless of the direction you are travelling.)
Mr. Ciklin explained that the reason the applicant is requesting this variance is to allow patrons to
see the location of the restaurant without having to slow down, make quick turns, or make wrong
turns and have to backtrack. This situation can be remedied by having one additional sign in the
vicinity of the Holiday Inn sign which will identify Pete Rose's Ballpark Cafe. The proposed sign
which is 13'-3" in height and 40 square feet is less than what is allowed by the Code. It is also less
than the Holiday Inn sign which currently exists on site, and less than the main shopping center
sign which currently exists on site. None of the other major restaurants in this Centre has this
problem because they are all located toward Congress Avenue. All of those restaurants can be
seen from Congress Avenue.
Pete Rose's is a great place with a national reputation. It has been one of the most successful
restaurants of its kind over the last six years. Because of the shape of the property, it is difficult
to safely identify and access the property. In the applicant's opinion, the proposed sign is
compatible with the other signage in the area.
The staff report indicates that the proposed sign is in a utility easement. If the board approves this
3
MEETING MINUTES
BOARD OF ZONING APPEALS
BOYNTON BEACH, FLORIDA
MARCH17,1997
request, the applicant suggests that the motion include one of the following recommendations:
1. That the applicant move the sign out of the utility easement or
2. that the utility provider allow the applicant, in writing, to maintain the
sign within the utility easement. This is done in many cases, but the
utility provider usually requires a removal agreement. This allows
use of the utility easement area by the applicant only if that applicant
agrees to remove the sign at his/her own expense if anything has to
be done in the utility easement.
Tom McMurrian was present to represent the property owner, and Sumner Gottlieb, with
Signcraft, was present to answer any questions relative to the sign structure.
Mr. Ciklin displayed a rendering of the proposed sign for review by the board members.
In response to Mr. Rappoport's question, Mr. Gottlieb advised that the sign will be a two-face sign
that will be perpendicular to Congress Avenue. The sign on the tower is a neon-type sign that is
illuminated.
Chairwoman Hammer inquired as to the number of signs that will be put in place for this business.
Mr. McMurrian used the overhead projector to show the location of the property and the placement
of the signs. There will be a small monument sign in the "V" shaped area in front of the hotel.
There will be a sign that faces the Macaroni Grill, and a tower sign. Mr. McMurrian advised that
when this property was developed, the trees were put 20' apart rather than 40' apart. Because of
this, visibility has been reduced. It has been necessary to trim the trees up to show the retail
stores.
Mr. Lewicki explained that the only thing staff would like resolved is the location of the sign outside
of any easements to eliminate the City's potential liability in the future for conflict with utility lines.
Either one of the solutions proposed by the petitioner would be acceptable to staff.
To eliminate any confusion by the members relative to the location of the signs, Ms. Heyden used
the overhead projection to point out the location.
Ms. Hollingshead expressed concern over staffs concern about the placement of the sign in the
utility easement. She questioned whether staff would have a problem with a removal agreement.
Ms. Heyden advised that a removal agreement would be acceptable.
Vice Chairman Miriana pointed out that if the petitioner places the sign in the easement, it will be
closer to the roadway. Mr. Ciklin advised that the petitioner meets the setback requirement. He
further advised that if the utility does not agree, the petitioner will move the sign out of the
easement.
In addition, Ms. Heyden advised that the 20' utility easement runs along Congress Avenue on the
4
MEETING MINUTES
BOARD OF ZONING APPEALS
BOYNTON BEACH, FLORIDA
MARCH 17, 1997
west side. Our sign setback requirement is 10'.
Mr. Uleck said he spent seven or eight months on the Sign Committee and Code Committee. He
feels the location the petitioner has selected is a good place for this sign.
Ms. Hollingshead questioned whether staff had any additional conditions to recommend. For the
board's edification, Ms. Heyden advised that the board has the authority to grant additional
freestanding signs. That authority can extend to allowing any size, type or location of the sign. By
the same token, the board does not have to approve the exact size and design submitted by the
applicant. She explained that she visited the site. There are a lot of trees on the property and
visibility from the road to the restaurant is obstructed with landscaping.
Motion
Vice Chairman Miriana moved to GRANT the variance to Article IV, Section 2.B of Chapter 21 of
the City's Land Development Regulations to permit an additional freestanding sign on the property
(13'-3" sign approximately 40 square feet) provided that the sign is placed outside any utility
easements or that the applicant obtains removal agreements with all utilities and provide that
information to the City's Planning Department. Mr. Uleck seconded the motion which carried
unanimously.
7. OTHER BUSINESS
None
8. COMMENTS BY MEMBERS
None
9. ADJOURNMENT
There being no further business to come before the Board of Zoning Appeals, Ms. Hollingshead
moved to adjourn the meeting at 7:45 p.m. Mr. Rappoport seconded the motion which carried
unanimously.
Yn.~
~prainijO
Recording Secretary
(One Tape)
5
. .OTICE 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 hearilJg as indicated, under
and pursuant to the provisions of the zoning code of said City: 't" "'"J ft,. ii';':;. ii' .:.:
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Case #232 d l' i;
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Owner: Walboyn Development Corporation
Applicant/Agent: Alan J. Ciklin, Esquire
PLANNING AND
ZONING DEPT.
Requested
Variance:
Variance to Article IV, Section 2.B of Chapter 21 of the City's Land
Development Regulations is requested to arrow an additional freestanding
sign.
Location:
Northwest corner of Congress Avenue and the C-16 Boynton Canal.
Legal
Description:
Parcel tiE" CATALINA CENTRE PLAT NO.1 according to the Plat thereof,
as recorded in Plat Book 53, pages 13 and 14 of the Public Records of
Palm Beach County, Florida, being more particularly described as follows:
BEGINNING at the southeast comer of said plat of Catalina; thence South
88057' 17" West along the southerly boundary of said plat a distance of
550.45 feet;
thence North 01044' 21" East a distance of 217.37 feet;
thence North 460 44' 21" East a distance of 83.78 feet;
thence North 01044' 21" East a distance of 298.32 feet;
thence North 670 00' 00" East a distance of 9.49 feet;
thence North 03044' 56" West a distance of 94.36 feet;
thence South 880 15' 39" East a distance of 144.80 feet;
thence North 01044' 21" East a distance of 195.87 feet;
thence North 89047' 08" East a distance of 124.57 feet;
thence South 01044' 21" West a distance of 206.62 feet;
thence North 890 47' 08" East a distance of 199.73 feet;
thence South 000 12' 52" East along the westerly right-of-way of
Congress Avenue. a distance of 646.77' feet to the POINT OF
BEGINNING.
Said land situate, lying and being in Palm Beach County, Florida contains
8.13 acres (more or less), and is subject to easements, restrictions,
reservations, covenants and rights-of-way of record.
Use:
Proposed Pete Rose's restaurant and arcade
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, March 17, 1997, 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.
MARCH 6, 1997
PUBLISH: PALM BEACH POST
D:lsharelprojectlpelerose\LgI232.wpd
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE, CMC/AAE
CITY CLERK
(561) 375-6062
City Manager, City Attorney, City Commission,
Planning, Files