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CORRESPONDENCE The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Rorida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org February 2,2004 Mr. Don Day Delray Awning Company, Inc. 80 North Congress Avenue Delray Beach, Florida 33445 Re: Jancaro Properties MMSP 04-005 Dear Mr. Day: In response to your request dated January 27, 2004 for the administrative review and approval of the modifications proposed to the above-referenced approved site plan, depicting the following: · Installation of a blue fabric awning over steel frame structure at the east facade of the north building (as depicted on the attached drawing) . Please be informed that the proposed changes on the revised plan date stamped 01/28/04 are "minor" as defined within the Land Development Regulations, Chapter 4 Site Plan Review. This determination is based upon the fact that the addition of an awning to the non-conforming structure (the building encroaches into the setback) does not increase the non-conformity, since the awning does not extend further into the setback than the building itself. This project may continue to be processed by the Building Division as a permit application, subject to the following conditions: 1. The awning may not extend beyond the notched-out portion of the building, thereby maintaining the existing non-conforming building setback. . Page 2 February 2, 2004 Be advised that the proposed changes may require a modification to the building permit. Please contact me at (561) 742-6260 if you have additional questions. Sincerely, Cc: Karen Main, Plan Review Analyst 72 Boynton Beach Code 8. Nonconforming lots in nonresidential districts. a. In nonresidential zoning districts, if the value of buildings on the lot or parcel as shown on the latest Palm Beach County tax rolls is not less than sixty thousand dollars ($60,000.00), and both the lot area and lot frontage are not less than eighty-five (85) percent of that required for the particular district, then structures and floor area may be added and the use may be changed from a residential to a nonresidential use on a nonconforming lot, without requiring a variance for the lot area or lot frontage. If the value of improvements on the lot or parcel is less than sixty thousand dollars ($60,000.00), or if either the lot area or lot frontage is less than eighty-five (85) percent of that required for the particular district, then a variance shall be required in order to add structures or add floor area to existing buildings or change the use from a residential to a nonresidential use. Improvements which do not add structures or floor area or change the use of the property shall be permitted, regardless of the value of structures on the property, or the lot size or frontage. For nonconforming lots which are vacant or are proposed to be cleared and redeveloped, a variance shall be required prior to the construction of any structures or establishment of any use on the lot or parcel. b. The value of buildings shall be determined from the latest tax rolls on file at the Palm Beach County Property Appraiser's Office. D. NONCONFORMING USES OF STRUCTURES. 1. The nonconforming use of a building or other structure may be extended throughout any part of the building or structure which was clearly designed and intended for such use at the date of the effective adoption or amendment of these regulations. Any nonconforming use which occupies a portion of a building or other structure not originally designed or intended for such use shall not be extended to any other part of the building or structure. No nonconforming use may be extended to occupy any land outside the building or structure, nor any additional 'building or structure on the same plat, which was not used for such nonconforming use at 1997 S-5 the effective date of the adoption or amendment of these regulations. 2. 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 [ordinance]. However, ordinary repairs, maintenance and improvements, such as plumbing or wiring, replacement of nonbearing walls, fixtures or other interior alterations, shall be permitted each year in an amount not to exceed twenty-five (25) percent of the assessed value of the building or structure for that year as determined by the Palm Beach County Property Appraiser, subject to the provisions of the preceding paragraph and provided such work does not increase the cubic volume of the structure, the floor area devoted to the nonconforming use or the number of dwelling units. Nothing in these regulations shall prevent compliance with applicable laws or ordinances relative to the safety and sanitation of a building occupied by nonconforming use. E. NONCONFORMING STRUCTURES. The lawful existence of a structure or building at the effective date of the adoption or amendment to these regulations, although such structure or building does not conform to the building and site regulations of these regulations for minimum lot area and dimensions, minimum yard setback requirements, maximum building height, total floor area requirements, or other characteristics of the structure, or its location on the lot, may be continued so long as it remains otherwise lawful. A nonconforming structure or building (as opposed to a structure or building used for a nonconforming use) may be maintained and repaired, but it shall not be added to or altered in a fashion so as to increase the extent to which the structure or building is in violation of applicable regulations. A nonconforming structure or building may be added or altered if such alteration or addition does not in itself constitute a further violation of existing regulations. F. RECONSTRUCTION OR REMOVAL. If any structure is destroyed to such an extent that the cost of rebuilding, repair and reconstruction will exceed seventy (70) percent of its current assessed valuation as determined by the Palm Beach County JAN CARO PROPERTIES 208 S E 12TH AVE BOYNTON BEACH, FL. 33435 January 27,2004 City of Boynton Beach Building Dept. POBox 310 Boynton Beach, Fl. 33425-0310 To Whom It May Concern: We are requesting to install one blue fabric patio awning on the rear deck of our office. The awning is approximately 30' X 9' projection. Thank you. Sincerely, .wa2'- -".-.-.--..-.-- PROJECT NAME: Jan taro Properties LOCATION: 208 SE 12th Avenue PCN: IJ/'.. ,.j~~ 'fJ'- dJ'-/d-oo' ' 00/0 FILE NO.: MMSP 04-005 I TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: Don Day - Delray Awning Co. ADDRESS: ADDRESS: 80 N. Congress Avenue FAX: Delray Beach, FL 33445 PHONE: FAX: - 278-1584 PHONE: 276-5381 Date of submittal/Proiected meetin2 dates: SUBMITTAL / RESUBMITTAL 1./04 1ST REVIEW COMMENTS DUE: N/A PUBLIC NOTICE: N/A TRC MEETING: N/A LAND DEVELOPMENT SIGNS POSTED N/A (SITE PLANS): PLANNING & DEVELOPMENT BOARD N/A MEETING: COMMUNITY REDEVELOPMENT N/A AGENCY BOARD CITY COMMISSION MEETING: N/A COMMENTS: S:\Planning\SHARED\WP\PROJECTS\SunTropic Investments\MMSP 04-005\2004 PROJECT TRACKING INFO,doc