LEGAL APPROVAL
%e City of
$oynton $eacli
100 'E. 'Bognton. 'Beadi. 'Boufevara
P.O. 'B~310
'Bognton. 'Beadi, ~forufa 33425-0310
City !J{afl: (561) 375-6000
!F.9lX: (561) 375-6090
June 6, 1997
Beril Kruger
9 N.E. 16th Street
De/ray Beach, FL 33444
Re: Dr. Mark Schreiber - Plastic Surgery Art Center
Board of Zoning Appeals Case # 233 - Reduced Setbacks
Dear Mr. Kruger,
Enclosed is the City of Boynton Beach Development Order regarding approval by the Board of
Zoning Appeals of your request for relief from Article III, Chapter 21, Section 5 - Setbacks of the
City's Land Development Regulations, subject to the conditions that the existing temporary sign
is removed, and that the existing brick posts be removed prior to permitting of the proposed
monument sign.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 375-6260.
~i cerely,
l1~:~))ll!]L ~
";" k~bri J, Heyden, AICP
Planning and Zoning Director
TJH:dar
Attachment
xc: Dr. Mark Schreiber
Case File
Central File
s: \Planning\SHARED\WP\PROJECTS\Schreiber\BZAV\dev order.doc
.9I.muuas (jateway to tfie (julfstream
Prepared by: Michael J. Pawelczyk, Esq.
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
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CITY OF BOYNTON BEACH
BOARD OF ZONING APPEALS
ORDER GRANTING RELIEF
IN RE:
Dr. Mark Schreiber, Plastic Surgery Art Center, 101 SE 2th Avenue.
Boynton Beach; Case No. 233
The Appellant, Dr. Mark Schreiber, through his agent and Planning and Zoning
Consultant, Burl Krueger, appeared before the Board of Zoning Appeals on May 19.
1997, and requested Relief from Section 5, Article III of Chapter 21 of the, City"s Land
Development Regulations, to allow reductions of the following setback requirements for
a proposed monument sign:
front setback: to two (2) feet from the required ten (10) feet
(a reduction of eight (8) feet). and
side setback: to one (1) foot from the required ten (10) feet
(a reduction of nine (9) feet) along the western property line.
Based on the testimony of Burl Krueger and the evidence presented, the Board
finds that a basis for relief has been established. Accordingly,
IT IS ORDERED THAT:
The request for Relief from the City of Boynton Beach Land Development
Regulations, Article III, Chapter 21, Section 5 to allow reductions of the following
setback requirements for a proposed monument sign:
front setback: to two (2) feet from the required ten (10) feet
(a reduction of eight (8) feet), and
side setback: to one (1) foot from the required ten (10) feet (a
reduction of nine (9) feet), along the western property line,
is hereby granted, subject to the following conditions:
1 . That the existing temporary sign located on the property is removed; and
DATED:
2.
ATTEST:
~~~-
City. lerk
to permitting of the
PRESENT
MINUTES 0 HE BOARD OF ZONING APPEALS MEETING I [Dl p,-~", "
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FL~~aA,
ON MONDAY, MAY 19,1997, AT 7:00 P.M. ! I lj ! I . ? (
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Michael Haag, CrrrrenrPlanning -~--~_.,~-,
Coordinator
Jerzy Lewicki. Assistant Planner
Michael Pawelczyk, Asst. City
Attorney
Patti Hammer. Chairwoman
James Miriana, Vice Chairman
Agnes Hollingshead
Howard Rappoport
Ben Uleck
1. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS
Chairwoman Hammer called the meeting to order at 7:00 p.m. She introduced the members of the board,
and Attorney Pawelczyk.
2. APPROVAL OF AGENDA
Vice Chairman Miriana moved to approve the agenda as presented. Mr. Rappoport seconded the motion
which carried unanimously.
3. APPROVAL OF MINUTES
Ms. Hollingshead moved to approve the minutes of the March 17, 1997 meeting. Vice Chairman Miriana
seconded the motion which carried unanimously.
4. COMMUNICATIONS AND ANNOUNCEMENTS
Chairwoman Hammer asked for clarification from the Planning and Zoning Department staff regarding how
far in advance applications must be filed to appear before the Board of Zoning Appeals hearing.
When Mr. Haag advised that the applications must be submitted one month prior to a meeting date,
Chairwoman Hammer explained that she was unaware of an impending meeting until she received her
packet of information on Friday. She requested that she receive notification in advance that a meeting will
be held. She pointed out that although there is a schedule of meetings for this board for the year, on
many occasions, the meeting is canceled because there are no cases to be heard. As chairperson of the
board, she would like the courtesy of a phone call so that she can properly arrange her schedule.
5. OLD BUSINESS:
None
6. NEW BUSINESS:
PUBLIC HEARING
Case No. 233
Project:
Location:
Owner:
Requested
Variance:
Dr. M. D. Schreiber
101 SE 27th Avenue
Dr. Mark Schreiber
Relief for variances to Section 5, Article III of Chapter 21 - Signs of the City's
Land Development Regulations is required to allow reductions of the following
setback requirements for the proposed monument sign:
1
, MEETING MINUTES
BOARD OF ZONING APPEAL,
BOYNTON BEACH, FLORIDA
MAY 19, 1997
· front setback: to two (2) feet from the required ten (10) feet (a reduction
of eight (8) feet; and
· side setback: to one (1) foot from the required ten (10) feet (a reduction
of nine (9) feet.
Chairwoman Hammer read the application.
Earl Kruger, Planning & Zoning Consultant, representing the owner, advised that this property is
situated on an angle to Seacrest Boulevard. There is a small area between Seacrest Boulevard and 27th
Street which was taken by the City. For that reason, the applicant cannot construct a sign within the
proper setbacks that will be of any use because it will not be seen by anyone. The applicant is requesting
a variance to place the sign within one foot of the western property line, and two feet from the eastern
property line. This will allow the sign to be seen from the north and south approaches on Seacrest
Boulevard. Mr. Kruger confirmed for the members that the overall height of the sign is approximately 9.5'
to 10'. The sign is placed high enough so that it will not interfere with any lines of sight. The temporary
sign and the brick posts will be removed.
Mr. Lewicki advised that staff has no objection to the approval of this request with the condition that the
temporary sign and two posts be removed prior to erection of the sign.
Motion
Vice Chairman Miriana moved to GRANT the variance based on the fact that this is a special condition
created by the fact that the property is triangular in shape and it necessitates a special condition whereby
the sign, to be properly viewed, must be forward of the property lines as requested; to grant a variance for
a setback of two feet front and one foot side, with the understanding that the temporary sign and both
existing brick posts be removed prior to erection of the proposed sign. Mr. Rappoport seconded the
motion which carried unanimously.
Case No. 234
Project:
Location:
Owner:
Requested
Variance:
Sun-Sentinel Distribution Facility at Quantum Park
Park Ridge Road/Alpha Drive, Lot 46A, Quantum Park
Butters Construction and Development, Inc.
Request for a variance to the Land Development Regulations Chapter 2,
Section 7.4.3. - Accessways to reduce the minimum driveway spacing
requirement of 150 feet to approximately 63 feet 9 inches.
Malcolm Butters, 2005 NW 62 Street, Fort Lauderdale, Florida, advised that he is under contract to
purchase this land for a distribution facility for the Sun-Sentinel Newspaper. This is a small lot at the end
of an area that has been developed into small industrial uses. Because this property is located on a
corner, wherever the driveways are positioned, they will not meet the Code. A traffic consultant analyzed
the situation and determined that the proposed location of the driveways is the safest and most efficient.
The driveways are as far from the corner as they can possibly be placed for safety reasons. This results
in the driveways being less than 150' from Flowers and Safety Kleen. However, in terms of traffic safety, it
is the best location. Mr. Kruger advised that similar variances have been granted in this area of the Park
because of the development of this area as small lots.
2
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
hearing as indicated, under and pursuant to the provisions of the zoning code of said
City:
Case #233
Owner:
Dr. M. D. Schreiber
Requested
Variances:
Variances to Section 5, Article III of Chapter 21 - Signs of
the City's Land Development Regulations are requested to
allow reductions of the following setback requirements for a
proposed monument sign:
. front setback: to two (2) feet from the required ten
(10) feet (a reduction of eight (8) feet), and
. side setback: to one (1) foot from the required ten
(10) feet (a reduction of nine (9) feet).
Location:
101 S.E. 27th Avenue
Legal
Description:
Lot 1 of GAY-MAR ESTATES, according to the Plat thereof
recorded in Plat Book 24 at Page 110 of the Public Records
of Palm Beach County, Florida;
LESS:
A parcel of land for road right of way purposes lying in the
SW % of Section 33, Twp. 45S, Range 43E Palm Beach
County, Florida and more particularly described as follows:
All of that portion of Lot 1, plat of Gay-Mar Estates, PB24,
PG110, Public Records of Palm Beach County, lying west of
the long chord of a tangent curve, said curve having a radius
of 25.00' and being tangent to the northeasterly right of way
line of S.E. 27th Avenue and the easterly right of way line of
Seacrest Boulevard (Green Street) as shown on the
aforementioned plat. (Containing 95.00 square feet:f:)
Use:
Plastic Surgery Art Center
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 May 19,1997, 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.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DEPARTMENT
(561) 375-6260
PUBLISH: The Post
May 5, 1997
s:\project\schreiber\bzav\JgI23
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal
Notice or Legal Advertisement published and must be submitted to the Office of the City
Attorney eight (8) working days prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: Plannina and Zoning Department
PREPARED BY: Jerzy Lewicki DATE PREPARED: April 30. 1997
BRIEF DESCRIPTION OF NOTICE OR AD: Board of Zonina Appeals Hearing
Notice for Case #233 (meeting May 19. 1997); Dr. M.D. Schreiber
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size,
Section Placement, Black Boarder, etc.)
STANDARD LEGAL AD
SEND COPIES OF AD TO:
All property Owners within 400 feet of property
(postmarked May 5. 1997), applicant and Director of Plannina and Zonina.
NEWSPAPER(S) TO PUBLISH: The Post
DA TE(S) TO BE PUBLISHED: No minimum requirements are set forth by code.
therefore May 5. 1997.
APPROVED BY:
/ l1u
(1) ..J~U1-1. ~ "- .' ,.dt----
(Department Head) 9-
5-(; I "l 7
(Date)
(2)
(City Attorney)
(Date)
(3)
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
s:\projectlschreiber\bzav\lgI233
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-152
TO:
Sue Kruse
City Clerk
Tambri J. Heyden, AICP 7P1i
Planning and Zoning Director
FROM:
DA TE:
April 30, 1997
SUBJECT: Board of Zoning Appeals
Case No. 233 (Dr. M. D. Schreiber)
File No. BZA V 97-005 (sign setback)
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 May
19, 1997 meeting.
IT JH:bme
Attachments
s:\projects\schreiberlbzavllgI233