REVIEW COMMENTS
LAW OFFICES
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10
NOV I 7 /997
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BECKER & POLIAKOFF,
Florida Offices
500 Australian Avenue South, 9th Floor
West Palm Beach, Florida 33401
Phone: (56!) 655-5444 Fax: ()61) 832-8987
FL Toll Free: (800) 462-7783
Internet: http://www.hecker-poliakoffcom
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AMING AND
, DfPT
Reply To:
West .... Bed
Admlnblrative Offke:
3111 Stirling Road N b 12 1997
FL L:1Udenlale, FL 33312 ovem er ,
fL Toll Free: (8001 4.~2-7712
Boca Raton' Via Facsimile No. (954) 771-4923
Cle:Jrwater
~'li:Hlli
Leonard G. Rubin, Esquire
Assistant City Attorney
and James Cheroff, Esquire, City Attorney
Josias, Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Pc Myers
Melb( lllrne"
N:lrle~
Orlam\()
Port Charlutte"
S\. Pt'tt'fshurg
Re:
Showtime .. Anplication for Buildin2 Permit
Sarasota
Tallahassee
Tampa
Wes! Palm Beach
Dear Len and Jim:
Beijing,
People's Repuhlic
of China
Because we have been unable to reach either of you today, with respect to the
issuance of the building permit for Showtime, we have contacted various members
of City staff at Boynton Beach to determine whether or not the permit has been
issued and is ready to be picked up by Mr. Deluca's contractor. My office has
spoken to Mike Haag and his secretary, Lynn, who appear to be waiting for
authorization from the City Attorney to issue the permit. It was my understanding
after my conversation with Len Rubin yesterday, that your office, as City Attorney,
had notified Boynton Beach City staff that the permit should be issued, and the only
remaining question was how long it would take staff to actually issue the permit.
Given the conversations that we have had with staff today, it seems that no action
has been taken to issue the permit. I would appreciate your communicating with
staff as soon as possible so that they may proceed with the issuance of the permit
immediately.
. (II'or/all!e!nr"mSIII/aliml
/JYfl{J!J<,i1,In/e,lIml!l
International Offices
Prague,
Clt.:rh Repuhlic
Bern. Switzerland
I look forward to hearing from you as
KER/slm
cc: Mr. Michael Deluca
Kerry Willis, City Manager
Tambri Heyden, Planning Director
115493
NOV-06-97 16,26 FROM,JOSIAS GOREN ET AL
10,9647714923
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November 6, 1997
VIA FACSIMILE AND U.S. MAIL
Karen E. Roselli, Esquire
500 Australian Avenue South
Ninth Floor
West Palm Beach, Florida 33401
Re: City of Bovnton Beach/Showtime (Buildino Permit Aoolication)
Dear Karen:
Please be advised that this office has completed its review of the Declaration
of Use you drafted in connection with the above referenced matter. While the
Declaration does address each of the issues we discussed, the City requests that the
following additional language be added to the end of paragraph one:
Should OWNER abandon the non-conforming adult entertainment use,
the non-conforming accessory bar/lounge use shall be deemed
abandoned as well.
Once you have made this change, please ensure that document is in recordable form,
with the legal description of the property attached, and have it executed by Mike
Deluca. As I indicated, submission of the executed Declaration of Use will satisfy the
Planning and Zoning Department comments dated August 27, 1997.
City staff has informed me that the following comments remain outstanding
with respect to the building permit application: (') a trap primer must be installed for
the floor drain, (2) separate permits will be required for mechanical, and (3) Health
Department authorization will be required before final inspection. These items must
be addressed with staff as part of the permitting process.
NOV-0S-97 16:26 FROM:JOSIAS GOREN ET AL
10,9547714923
PACE
3/3
Karen Roselli, Esquire
November 6, 1997
Page 2
Should you have any questions relative to the foregoing. please do not hesitate
to contact me.
Sincerely yours,
.~~
LEONARD G. RUBIN
Assistant City Attorney
LGR/lmh
tOO'1l2."'~ Tt\\IIO$!I.L1.
ee: Kerry Willis, City Manager
James Cherof, City Attorney
Tambri Heyden. Planning Director
OCT-13-97 lS,3S FROM,JOS1AS COREN ET AL
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October 13, 1997
VIA FACSIMILE AND U.S. MAIL
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Karen E. Roselli, Esquire
500 Australian Avenue South, Ninth Floor
West Palm Beach, Florida 33401
PLANNING AND
ZONING om
Re: Citv of Bovnton Beach/Showtime lBuildina Permit AoDlicationl
Dear Karen:
I am in receipt of your letter dated October 8, 1997. The City of Boynton
Beach initially determined that your client's proposed division of the structure, thereby
separating the bar and adult entertainment uses, did not comply with the City's
occupational license and conditional use requirements. As we discussed, however,
the City is considering the question of whether the building permit may be issued
subject to certain conditions so as to alleviate the City's concerns relative to the
splitting of the non-conforming uses, I cannot, at this time, make any representation
that such an arrangement is permissible under the City's Code of Ordinances.
I will be discussing this matter with City staff early this week and will contact
you once the City has had the opportunity to examine this matter in greater detail.
Sincerely yours,
~ ~ ~/?
LEONARD G. RUBIN
.
LGR/lmh
900182.IllI\LTlI\IlOsauz
cc: Kerry Willis, City Manager
James Cherot, City Attorney
Tambri Heyden, Planning Director
SEP-0S-S7 11,54 FROM,JOSIAS GOREN ET AL
ID:8S47714923
PAGE
1/3
JOSIAS, GORE~, CHEROF, DOODY & EZROL,
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308
(954) 771-4500
Facsimile No. (954) 771-4923
P.A.
RECIPIENTS FAX NO,
1-551-375-6054
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DATE:
Septerr~er 8, 1997
TO:
Rose Marie Lamanna - Legal Dept.
FROM:
Leonard G. Rubin, Asst. City Attorney
This transmission contains three (3) pagels) including this cover.
FILE NO:
900182
FILE REFERENCE:
Boynton Beach /Ge~eral Matters
COMMENTS: Please
review and comments.
forward this draft on to l'aT:1bri
Thanks.
for her
The information contained 1n this fac~imjle message and the PliK followi", .re attorney ~rivfleged .00
~onfidenti.l info~,ion intended only for the ~. of the indivi~l or entity ~ DboYe. If the relder of
this MS$;tV. is not the ;,\tendltd !"Kipfent, you art hereby notffiad that .ny diuemjNltion, distribution, or
copy of '~il ~;c.tion i. strictly prohiblted. if you have received t~fs comnunication in .rror, ~leale
innediately notify ua by telephone .1'lliI return the orhli08l lleSUge to us It the above .dare" via tn. u.s.
Post. \ Service. Think you.
If any problems occur in receiving this message, please call this
office at (954) 771-4500. Thank you,
SEP-0S-S7 11154 FROM,JOSIAS GOREN ET AL
10,8547714923
PAGE
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September 8, 1997
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Karen E. Roselli, Esquire
Becker &. Pollakoff, P,A.
500 Australian Avenue South, 9th Floor
West Palm Beach, Florida 33401
Re: Showtime .- Acelication for Buildina Permit
Dear Karen:
As a follow up to our conversation of September 5, 1997, I again reviewed the
City Code section discussing non-conforming uses and structures. As I indicated
during our phone conversation, City staff has informed me that you client, Mike
DeLuca, has submitted plans depicting substantial alterations to the Showtime
structure. These plans indicate that the structure will be physically divided into a
separate bar and a separate adult entertainment facility, with no connection between
the two. In order to move from the bar to the adult entertainment facility, patrons
would actually be required to exit the structure and re-enter. You indicated that you
were unsure precisely what was depicted in the plans.
During our conversation, you asserted that the use of the structure as a bar and
an adult entertainment facility were both nonconforming uses that could not now be
denied by the City. While the City Code does not appear to address that specific
issue, the plans submitted by your client appear to run afoul of Section 11.1 (D}(21 of
the City Code. That section provides in pertinent part as follows:
No structure used for a nonconforming use shall be enlarged, extended,
reconstructed or structurally altered, unless the use is changed to one
which complies with the provisions of this chapter.
5EP-0B-97 11:54 FROM,JOSIAS GOREN ET AL
10,8547714923
PAGE
3/3
Karen E. Roselli, Esquire
September 8, 1997
Page 2
Based on the foregoing, the City's objection is not based on the tact that your
client has placed his liquor license in escrow. Contrary to the statements contained
in your letter dated September 4, 1997, Mr. Deluca is not seeking merely to rebuild
his bar; rather, he is seeking to alter the structure and divide the uses. The Code does
not prevent your client from rebuilding the bar or selling alcohol. However, the Code
does prohibit your client entirely reconstructing and reconfiguring the interior of the
Showtime building. He cannot divide the structure to create two separate
establishments,
Please contact me once you have had a chance to discuss this matter in detail
with your client and to review the Code section cited above, I look forward to hearing
from you.
Sincerely yours,
lEONARD G. RUBIN
Assistant City Attorney
lGRflmh
900182,8B\L TII\OOw'U2
cc:
Kerry Willis, City Manager
James Cherat, City Attorney
Tambri Heyden, Planning Director
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CITY OF BOYNTON BEACH
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
PROJECT NAME: Showtime
TRACT/SUBDIVISION:
PROJECT ADDRESS: 1115 N. Federal Hwv
PERSON RETRIEVING COMMENTS AND/OR PLANS:
Signature
Print Name
DATE PICKED UP:
I Plans - Comments
~,
REVIEWER'S NAME:
, II"",
PERMIT NO: 97-3124
DATE: 8/27/97
RECEIVED: 8/25/97
STARTED REVIEW: 8/26/97
RETURNED: 8/27/97
REVIEW (place asterisk):
1 2 3 *4 REVISION
APPROVED: No
ZONING DISTRICT: (place asterisk)
COMMERCIAL */RESIDENTIAL /INDUSTRIAL
MMSP* I SPINV I PERMIT
I FILE NO.:
I FEE:
DESCRIPTION:
Interior renovations to non-conformina use
The permit number identified above is the referenced number for your proposed improvement(s). Prior to
further processing on your request, the documents that you submitted illustrating the improvement(s) shall
be amended to show compliance with the below listed comment(s). To discuss the comment(s) it is
recommended that an appointment be set-up with the reviewer identified in the upper right hand corner,
(561) 375-6260 between 8 A.M. and 5 P.M., Monday thru Friday. Please reference the project name and
permit number when corresponding with City's Staff. After amending the plan(s) to show compliance with
the comment(s), return both sets of plans for re-review to the Building Department. Please note that
additional comments may be generated as a result of reviewing the amended plans. All comments shall be
rectified prior to staff review approving the documents.
1. According to Occupational License dept. Showtime does not posses a current liquor Iic. and will be
required to apply for one for the new lounge. This will change Showtime's current lic. status from a
single use, to two uses, Adult Entertainment and Bar. Although Adult Entertainment use has been
grandfather in, the bar has not. In order to approve the new use, Showtime must first secure
conditional use approval for new 9ar. As stated by the code:
Bars, cocktail lounges, subject to the provision of Chapter 3 of the City of Boynton Beach Code of
Ordinances. Such uses shall be conditional use if located within 600 feet of property lying within a
residential zoning district as measured by direct distance between property lines.
City of Boynton Beach Code of Ordinances Land Development Regulations, Chapter 2
Section 6, C and D.
Contact the Planning and Zoning department for information on how to apply for conditional use
approval. Deadline for application is September 8.
. Departments required to review the project:
Building
REV: 08/27197
S:IPLANNINGISHAREDlWPIPROJECTSIPERMITSIMMSPI97 -3124.DOC
Page 1 of -1.
CITY OF BOYNTON BEACH
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
PROJECT NAME: Showtime
TRACT/SUBDIVISION:
PROJECT ADDRESS: 1115 N. Federal Hwv
PERSON RETRIEVING COMMENTS AND/OR PLANS:
Signature
Print Name
DATE PICKED UP:
I Plans - Comments
DESCRIPTION:
4f'V"
REVIEWER'S NAME:
110.0
PERMIT NO: 97-3124
DATE: 8/6/97
RECEIVED: 8/4/97
STARTED REVIEW: 8/6/97
RETURNED: 8/7/97
REVIEW (place asterisk):
1 2 "3 4 REVISION
APPROVED: No
ZONING DISTRICT: (place asterisk)
COMMERCIAL "/RESIDENTIAL IINDUSTRIAL
MMSP" I SPWV I PERMIT
I FILE NO.:
I FEE:
Interior renovations to non-conformina use
The permit number identified above is the referenced number for your proposed improvement(s). Prior to
further processing on your request, the documents that you submitted illustrating the improvement(s) shall
be amended to show compliance with the below listed comment(s). To discuss the comment(s) it is
recommended that an appointment be set-up with the reviewer identified in the upper right hand corner,
(561) 375-6260 between 8 A.M. and 5 P.M., Monday thru Friday. Please reference the project name and
permit number when corresponding with City's Staff. After amending the plan(s) to show compliance with
the comment(s), return both sets of plans for re-review to the Building Department. Please note that
additional comments may be generated as a result of reviewing the amended plans. All comments shall be
rectified prior to staff review approving the documents.
1. Submit seating count and layout for proposed and existing areas.
-------------------------------------------------------------------------------
. Departments required to review the project:
Building
-------------------------------------------------------------------------------------------------------------------------------------------
REV; 08107197
S:IPLANNINGISHAREDlWPIPROJECTSIPERMITSIMMSPI97 -3124.DOC
Page 1
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CITY OF BOYNTON BEACH
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
PROJECT NAME: Showtime
TRACT/SUBDIVISION:
PROJECT ADDRESS: 1115 N. Federal Hwv
PERSON RETRIEVING COMMENTS AND/OR PLANS:
Signature
Print Name
DATE PICKED UP:
I Plans - Comments
DESCRIPTION:
17ffi/ .
,,~\~~,r1
REVIEWER'S NAME:
IIQ'~
PERMIT NO: 97-3124
DATE: 7/23/97
RECEIVED: 7/23/97
STARTED REVIEW: 7/23/97
RETURNED: 7/24/97
REVIEW (place asterisk):
1* 234 REVISION
APPROVED: No
ZONING DISTRICT: (place asterisk)
COMMERCIAL */RESIDENTIAL /INDUSTRIAL
MMSP* I SPVW I PERMIT
I ~L~~tn 07-01"-' I FEE:
Interior renovations to non-conforminq use
The permit number identified above is the referenced number for your proposed improvement(s). Prior to
further processing on your request, the documents that you submitted illustrating the improvement(s) shall
be amended to show compliance with the below listed comment(s). To discuss the comment(s) it is
recommended that an appointment be set-up with the reviewer identified in the upper right hand corner,
(561) 375-6260 between 8 A.M. and 5 P.M., Monday thru Friday. Please reference the project name and
permit number when corresponding with City's Staff. After amending the plan(s) to show compliance with
the comment(s), return both sets of plans for re-review to the Building Department. Please note that
additional comments may be generated as a result of reviewing the amended plans. All comments shall be
rectified prior to staff review approving the documents.
1. LDR Chapter 2 Section 11.1 'Nonconforming uses and structures' states repairs, maintenance and
improvement to structures used for nonconforming use shall be permitted each year in an amount
not to exceed 25% of assessed value of the building or structure for that year as determined by Palm
Beach County Property Appraiser. Provide verification to satisfy this requirement.
REV: 07/23/97
IICHIMAI NISHRDA T AIPLANNINGlSHAREDlWPIPROJECTSIPERMITSIMMSPI97 -3124.DOC
* Departments required to review the project:
Building
Page 1
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