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APPLICATION Basehart Consulting, Inc Planners 333 Southern Boulevard, Suite 200 West Palm Beach, Florida 33405 Phone. (561) 833-3114 Fax. (561) 833-3293 October 25, 1999 Mr Michael Rumpf, Director Planning & Zoning Department City of Boynton Beach 100 East Boynton Beach Boulevard POBox 310 Boynton Beach, Florida 33425 SUBJECT LOWE'S HOME IMPROVEMENT CENTER- APPLICATION FOR SIGN VARIANCES. Dear Mr Rumpf: Enclosed herewith is our formal application for approval of2 sign variances for the proposed Lowe's Home Improvement Center facility, to be located at the southeast comer of Woolbright Road and Corporate Drive. The request is for allowance of two "site signs" for the project, rather than one as allowed by the Code; and to allow one of those signs to be a 45' high pole sign, rather than limited to 20' high as permitted by the Code. Rather than creating unnecessary volumes of paper and since this application will be processed simultaneously with our Conditional Use and Site Plan approval applications, we request that several of the documents submitted with the Conditional Use application be used for the review of the Variances, rather than being submitted as duplicates. These documents include a survey, the site plan, the surrounding property owners list, proof of ownership, owners authorization letters, and agents authorizations. We will submit the required addressed envelopes with postage for notice mailing. If you have any questions or desire any additional information, please do not hesitate to contact me. Thank you. Very truly yours, ~~.~ Robert E. Basehart, AICP President ~ APPUCA TION ACCEPTANCE 01"\ fE. -z..(\)CV ~q-o I ~ RECEIVED BY STAFF MEMBER. FEE PAID RECEIPT NUMBER. CITY OF BOYNTON BEACH ZONING CODE VARIANCE APPLICATION SUBMITTAL DEADLINE. SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND SUBMITTAL DATES Please Print (in ink) or Type Submittal Date 10/26/gg The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Board 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 state(s) Property involved is described as follows Lot(s) Pa rce 1 1 and Pa rce 1 3A Block N/ A Subdivision Boyn ton Comme rce Cen te r Plat Book 46 Page 126 & 127 or otherwise described as follows Property Address Not Yet Ass i oned Variance requested Ch 21 Sign Code - Allow 2 Site Siqns (Code allows 1), Allow 49' Tall Pole Sign (Code allows 2011) The following documents are required to be submitted with this application to form a single package 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 o 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 Page 2 Zoning Code Variance Application A. All proposed structures B All existing structures that are to remain on site C Setback lines for all structures drawn perpendicular from the property lines to the closest vertical wall of structures o Use of each structure (or uses within multiple occupancies) E. Use of adjacent properties including right-of-way lines for all 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 and legal descriptions of their property within 400 feet of subject property, as recorded in the County Courthouse, including a tax map showing placement of 400 feet boundary Such list shall be accompanied by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is complete and accurate, as well as labels or addressed envelopes and postage (1st class-- stamps or payment for required postage) 4 Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement. If an agent is submittinQ the petition. a notarized COpy of a letter desiQnatinQ him as such must accompany the petition. 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 type) . 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; 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; o 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 be 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 plus postage, payable to the City of Boynton Beach, must accompany a completed application The $40000 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 $10000 for each additional Code section Page 3 Zoning Code Variance Application 7 Name and address of owner' Woolbright Partners, Inc 3201 N Fed Hwy, #300 Ft. I dudE> rd;11 E> I FI ~3304 Nayrot Rea I ty, I nc 444 Ste Catherine~. #100 WE>~tmount, OCH1Z 1RZ Canada 8 Name of applicant: Lowe IS Compan i es, I nc. 9 Applicant's address POBox 1111, N Wilkesboro, N. Carolina, 28656 Date 10/26/99 (336) 658-2182 Signature of Applicant: ~ ~ <ao~ A6-00f " Applicant's phone #. 10 Representative of the project must be present at all Technical Review Committee, Planning and Development and City Commission meetings held to review this project. TO BE COMPLETED BY PLANNING AND ZONING 1 Property is presently zoned formerly zoned 2 Property Control Number" 3 Denial was made upon existing zoning or sign requirements (list section(s) of Code from which relief is required) 4 Nature of exception or variance required 5 Case Number" Meeting Date LOWE'S HOME IMPROVEMENT CENTER SIGN VARIANCES REQUEST JUSTIFICATION STATEMENT The purpose of thIS request IS to obtam approval of two varIances from the provlSlons of Chapter 21 of the CIty Code (SIgn regulations), to allow 2 "SIte SIgnS" rather than a hmIt of 1, and to allow one of those SIgnS to be a pole SIgn With a heIght of 49 feet rather than the normal heIght hmIt of 20 feet. The reason that the apphcant IS makmg thIS request IS that they need to estabhsh IdentificatIOn on two levels, those bemg local traffic usmg Woolbnght Road and traffic usmg 1-95 Smce 1-95 IS separated from the subject parcel by a large tract of vegetated property, zoned "RecreatIOn," that averages over 500 feet Wide adjacent to the subject parcel, a ground level SIgn on the subject property would not be seen by 1-95 travelers. It IS Important for Lowe's to be easily Identified by motonsts on 1-95 because theu market approach IS regIOnal m nature They do not locate stores on a neIghborhood baSIS. Therefore, there will ultimately be only 5 or 6 stores WIthm Palm Beach County, meamng that customers will come from a fauly Wide market area, many usmg 1-95 WIthout proper IdentificatiOn, many potential customers may not find the store or will mISS the Woolbnght eXit and need to double back, thereby unnecessarily Impactmg local roadways. At the same time, the lugher pole SIgn will not be WIthm the VieW plane of motonsts usmg W oolbnght Road. Motonsts usmg local surface roads generally are not aware of masses over 25 or 30 feet m the au ThIS phenomenum IS multIphed by blockages of VIew by trees that are requued to be planted wIthm the landscape buffers, after that vegetatIOn has matured a few years. Therefore, a hmItatIon of sIgnage to one SIte SIgn With a heIght hmIt of 20 feet or less will prevent the sIgnage from adequately IdentIfymg the busmess actiVIty located on the SIte The apphcant beheves that there are specIal condItions, hardshIps and reasons that Justify the requested vanances, as follows. A. There are SpeCIal condItions and CIrcumstances that are peculIar to the land and the busmess mvolved that are not applIcable to other lands and busmesses m the same zomng dIstnct. As noted above, the regiOnal nature of the proposed busmess reqUIres that they locate adjacent to artenal mtersectiOns or mterchanges of artenal roadways and mterstate lughways. If the SIte were located at an mtersectiOn where both roadways were adjacent to the SIte or 1-95 were elevated above Woolbnght Road so that a VIew of the subject parcel over the Recreation tract was possible, a smgle low SIgn would be suffiCIent. Other home Improvement store compames m tlus market are more local market onented and have more locations, therefore not requmng the same level of IdentificatiOn. B. The SpeCIal condItions and cucumstances makmg tlus request necessary do not result from actions of the applIcant. After conductmg an exhaustIve search for appropnate locatiOns for the proposed facilIty, the apphcant found that no other SUItable SIte IS available WIthm the market area for thIS store. All other appropnate locatiOns are already developed or are located m areas where Concurrency could not be feasibly accomphshed, pnmarily due to Traffic Performance Standards problems. Lowe's Home Improvements Center SIgn Vanances JustIficatIon Statement Page 2 c. The grantmg of the requested vanances will not confer on the applIcant any speCIal pnvilege that IS denIed by the Ordmance to other lands or SImilar busmesses m the same ZOnIng dIstrIct. As dIscussed above, there are very few locatIOns WIthm the CIty that are faced WIth the same grade VIew lImItmg condItIons and that support busmesses of the same nature However, one such busmess IS located at the same mtersectIon as the subject property The Cracker Barrel restaurant, whIch caters predommantly to the travelIng publIc on mterstate hIghways IS located across Woolbnght Road from the subject parcel. RecognIzmg the JustIficatIOn for that facilIty, the CIty of Boynton Beach granted Cracker Barrel a vanance to allow a 45 foot hIgh pole SIgn m 1996 Further, busmesses located at SImilarly deSIgned mtersectIOns along 1-95 along 1-95 have SIgnS as hIgh or hIgher than the one bemg proposed. D. LIteral mterpretatIOn of the provlSlons of Chapter 21 of the CIty Code would depnve the applIcant nghts commonly enjoyed by other propertIes m the same ZOnIng dIStnCt under terms of thIS Ordmance and would work an undue hardshIp on the applIcant. Without the approval of the requested vanances, the applIcant would be depnved of the level of IdentIficatIOn commonly enjoyed by other propertIes along 1-95 The UnIque phYSIcal charactenstIcs of the subject property, as It relates to adjacent roadways, JustIfies the requested vanances. E. The requested vanances are the mInImum necessary to make possible a reasonable level of IdentIficatIOn for the proposed use. The applIcant belIeves that an even hIgher SIgn would be deSIrable and benefiCIal, but has requested only the heIght that IS belIeved to be necessary to accomplIsh reasonable IdentIficatIon for the SIte from 1-95 As noted above, the second SIgn request IS necessary to enable the applIcant to achIeve appropnate IdentIficatIOn from Woolbnght Road. F The grantmg of the requested vanances will be m harmony WIth the general mtent and purpose of the Code and will not be mJurIOus to the area mvolved or otheTWlse detnmental to the publIc welfare. It IS the mtent of the Code to allow busmesses In the CIty to have adequate IdentIficatIOn to support thelf busmess actIVIty, WIthout allOWIng an unnecessary prolIferatIOn of SIgns. The applIcant agrees that m most locatIOns and for most busmesses, one SIte SIgn WIth a heIght lImIt of20 feet IS suffiCIent. However, m the case of the subject SIte where IdentIficatIOn on two dIstmct planes and for a regIOnally onented busmess IS needed, a smgle SIgn servmg only one plane IS madequate ConsIdenng the unIque clfcumstances facmg thIs property and use, the requested SIgns are both necessary to proVIde adequate IdentIficatIOn and WIll not VIolate the mtent of the Code.