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