AGENDA DOCUMENTS
PLANNING AND ZONING DEPARTMENT
MEMORANDUM #97- 086
Staff Report
Board of Zoning Appeals
A,ff~~
6;0
Meeting
Date:
March 17, 1997
Petition:
Case No. 232
File No:
BZA V 97-004
Location:
Holiday Inn Catalina Centre, Congress Avenue
Owner:
Walboyn Development Corporation
Project
Name:
Pete Rose's Cafe at Catalina Centre
Variance
Request:
Variance to Section 2.B, Article IV of Chapter 21 of the City's Land
Development Regulations is requested to allow an additional freestanding
sign on the property.
BACKGROUND
The subject property, Holiday Inn Catalina Centre, is located on the east side of Congress
Avenue, just north of the Boynton Canal (LWDD C-16 Canal), see Exhibit A - Location
Map. The property is zoned C-3, Community Commercial. The subject site contains a
hotel (in operation as the Holiday Inn) and a vacant, attached restaurant and night club
building to be converted to a Pete Rose's Cafe (previously Dominic's Holiday Inn Catalina
restaurant).
There is one free-standing sign on the property advertising the Holiday Inn hotel. The
location of this sign is along the western frontage of Congress Avenue, approximately 100
feet east of the eastern corner of the Holiday Inn building, see Exhibit B - Survey. Along
with the conversion of the restaurant, Walboyn Development Corporation (the owner of the
property), is requesting another free-standing sign along the frontage of Congress Avenue
in front of the Holiday Inn sign to identify the proposed Pete Rose's Cafe, see Exhibit C -
Site Plan and Exhibit 0 - Proposed Sign.
The following is a description of the zoning districts and land uses of the properties that
surround the subject property:
North -
Catalina Centre shopping center, zoned C-3
East -
Right-of-way of Congress Avenue and farther east is the Motorola PID
West -
Congress Lakes PUD (Savannah Lakes apartments)
South -
Right-of-way of the Boynton Canal (LWDD C-16 Canal) and farther
south is a vacant outparcel of the Boynton Beach Mall, zoned C-3 .
ANAL YSIS
The City of Boynton Beach Land Development Regulations, Chapter 21 - Signs, Section
2.B, Article IV, sets out the following requirements for signs allowed in commercial,
nonresidential districts not otherwise listed in the sign code:
I
Page 2
Memorandum No. 97-086
Pete Rose - sign variance
Case No. 232
Staff Report - Board of Zoning Appeals
"One (1) double faced freestanding sign advertising the use of the premises. The
maximum area for this sign shall be one (1) square foot of area for each linear foot
of street frontage; no such sign shall exceed sixty-four (64) square feet in area. No
sign shall be taller than twenty (20) feet. "
Since, as mentioned above, one freestanding sign advertising Holiday Inn already exists
on the property, additional freestanding signs are not permissible. However, Article II,
Section 1.C of Chapter 21 states that the Board of Zoning Appeals may grant sign
variances to:
''Allow the number of signs to be increased over the maximum allowed by this
code."
The property, as described above, contains two (2) separate uses within the building; a
hotel and a restaurant. Although, both of these uses complement each other, they belong
to two separate, unrelated franchise networks. The existence of the Holiday Inn sign
precludes the erecting of another freestanding sign advertising the proposed Pete Rose's
Cafe.
According to the petitioner's statement, an attempt was made to combine the two signs into
one pylon sign, but due to incompatibilities of design this alternative was rejected by both
franchises. Therefore, the applicant decided to proceed with the sign variance application,
see Exhibit F - Application. It should be noted that the existing Holiday Inn sign is 80
square feet in size and 24 feet tall. The current code provision stated above no longer
allows signs at this height and size. Therefore, the sign is nonconforming and will need
to be removed in two years if this current amortization period for removal of nonconforming
signs is not changed. Also, to combine the two signs would require a new sign to be
erected since there is no room left on the existing sign to add signage area for Pete Rose's
Cafe as the existing sign is the maximum allowed by the code that was in effect at the time
the sign was erected.
The new sign proposed will be 13'-3" tall and approximately 40 square feet in size. In
addition to its location in front of (slight offset) the Holiday Inn sign, as per the survey, the
sign is proposed within a utility easement containing a major force main.
Exhibit F is an aerial view of the entire Catalina Centre. On this aerial all permanent
freestanding signs advertising uses within the center and along the Congress Avenue
frontage have been labeled, including their size and height. The signs for McDonald's and
Boston Chicken are very small since they are monument signs and not pylon signs. Also,
since these uses are not on separate parcels from the main shopping center, these uses
cannot have a true freestanding sign. Instead these uses chose to erect a monument style
directory sign to gain visibility from Congress Avenue The main shopping center sign,
which precluded McDonald's and Boston Chicken from having their own freestanding sign,
is 143 square feet and 24 feet tall (the height of this sign is nonconforming by 4 feet).
Macaroni Grill, just south of Boston Chicken, does not have any freestanding sign. In
general, for aesthetic reasons, monument signs are preferred over pylon signs. A building
permit has been issued for the exterior renovations to the former Dominic's restaurant to
give the exterior a ballpark resemblance which is the theme for Pete Rose's Cafe. Signage
on the exterior of the building has been approved. Drawings of this signage and building
exterior will be available at the meeting.
The Board has the authority to approve any size, height and style for additional
ca
Page 3
Memorandum No. 97-086
Pete Rose - sign variance
Case No. 232
Staff Report - Board of Zoning Appeals
freestanding signs and can direct the sign location as well. If the Board approves an
additional sign, at a minimum, a condition should be issued to require location of the sign
outside the utility easement.
For the petitioner's "Statement of Special Conditions", see Exhibit G
xc: Central File
D:\SHARE\WP\PROJECTS\PETEROSE\BZA V\REP-232.WPD
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CITY OF BOYNTON BEACH
BOARD OF ZONING APPEALS VARIANCE APPLICATION
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 print or
~:
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;
The location of Pete Rose's Restaurant is a circumstance peculiar to this particular piece of
property. Because the restaurant sets back considerably from Congress Avenue and is
adiacent to the Holiday Inn. it is very difficult to see the facility from Congress Avenue.
There is a large parking lot between Congress and the restaurant. This circumstance is
peculiar to this restaurant site.
B. That the special conditions and circumstances do not result from the actions of the applicant;
The special circumstances and conditions which exist are not the result from the action of the
applicant. They are based on the City's requirements for these types of facilities and the
geography of the land.
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 not confer a special privilege on the applicant, but will
pennit appropriate signage in order to provide the travelling public notice of the restaurant's
location so that they are able to properly enter the facility. The variance will also enhance the
commercial viability of the restaurant which is also beneficial to the City.
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 tenns of
the Ordinance and would work unnecessary and undue hardship on the applicant;
Other properties in the same zoning district are allowed to have free-standing signs to
advertise their facilities (i.e. the Holiday Inn), and but for the limitation on the number offree-
standing signs. this restaurant would be permitted to have such a sign. as well. It will work
an unnecessary and undue hardship on the applicant. the public. and other businesses in the
shopping center because without this signage customers will be easily lost and confused. and
will potentially create traffic/circulation problems both in the center and on adiacent
roadways.
E. That the variance granted is the minimum variance that will make possible the reasonable use
of the land, building or structure;
The request for the additional free-standing sign is the minimum variance.
F. That the granting of the variance will be in hannony 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.
The additional sign is in harmony with the general intent and purpose of the City's Codes, and
will not be iniurious to the area involved or otherwise detrimental to the public welfare. In
fact. it will help insure that the driving public will be able to safely and adequately enter the
facility without disruption to traffic and without causing accidents in the area while looking
for the restaurant facility. It will also enhance the commercial viability of the restaurant.
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