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REVIEW COMMENTS " ./ ".,--- STAFF REPORT BOARD O~ ADJUSTMENT Regular Meeting November IS, 1993 Case # 186 Location: 201 East Boynton Beach blvd. Agent: Kenneth Zengage Request: The request for a sign variance involves the following sign specifications: reduce the ten (10) feet required front setback to zero (0) feet and reduce the ten (10) feet required east side setback to two (2) feet, increase the allowed sign area by nine point four (9.4) feet and increase the overall allowed height by twenty- five (25) percent. The variance request is for the purpose of relocating the existing sign to a new location on the above-referenced prope:ty. This reques~ is a variance to the sign specifications listed in section 21-16, Chapter 21 Sign code of the Boynton Beach code of Ordinances. A.nalysis: The variance reques~ is in connection with the proposed relocation of an existing sign at the Main Street Car Wash site that is located at ~Ol East Boynton Beach Boulevard. The site is located in the C-3 Community Commercial zoning distric~. The surrounding properties are as follows: North - residential structure property zoned R-2 Single & Two-Family Dwelling. East - commercial structure, zoned C-3 south - across Boynton Beach Boulevard commercial structure, zoned C-3 West - across NE 1st street fast food restaurant, zoned C-3. As indicated on the attached reduced survey there is an existing freestanding sign located near the corner of Boynton Beach Boulevard (N.E. 2nd Avenue) and N.E. 1st street. The existing sign was installed using specifications from a previous Sign coJe. The total area of the existing sign is approximately seventy (70) square feet and the overall height is approximately thirty (30) feet. The current Sign code allows for the following maximum specifications for the subject sign regarding setback, size and height: setback - ten (10) feet to the leading edge of the sign from all property lines, size - sixty-four (64) square feet and twenty (20) feet overall height. The sign specifications for the subject sign are identified in section 21-23 and 21-25 (b). The applicant is proposing to relocate the existing sign to the southeast corner of the site. The size of the sign will remain the same [seventy (70) square feet]. The proposed setback from the property line at Boynton Beach Boulevard will be zero (0) feet and the proposed setback from the east property line will be two (2) feet. The location of the sign is shown on the attached reduced copy of the proposed site plan. The height proposed for the new location is twenty-five (25) feet. As previously stated the size will remain seventy (70) square feet. Section 21-16 of the Sign code sets the parameters regarding what specifications of the code may be varied. The following specifications as identified in each code section may be varied: / Page 2 BOA CASE #1B6 Staff Report a) Area and height may be varied up to twenty-five (25) percent of what the code allows, b) Required setback dimensions may be reduced without limitation, with the exception of property restrictions such as an easement, and c) Number of signs may be increased over the maximum allowed by the code without limitation on total number of signs. Section 21-16, further states that the Board of Adjustment may grant a variance if it finds that the unusual shape or topography of the property in question prevents signage allowable under the provisions of this ordinance from adequately identifying the business or other activity located on such property. Find attached Exhibit "A" a document prepared by the applicant, which represents the statement of special conditions for the variance request. The following is provided to assist you in evaluating the request: 1. The previous Sign code allowed the leading edge of a sign to touch the property line. 2. The applicant is proposing to relocate the existing sign. The installation of any sign shall comply with current code requirements and specifications. 3. The City has initiated streetscape landscape improvements along Boynton Beach Boulevard whereby the city donates and installs certain plan~ species including palm trees along the Boulevard. The property owner is responsible for maintaining the landscape material. 4. The topic under consideration is: to reduce the required ten (10) feet front setback to zero (0) feet, to reduce the required ten (10) feet east side setback to two (2) feet, to increase the sixty-four (64) square f2et maximum allowed area to seventy (70) square feet a nine point four (9.4) percent increase, and to increase the maximum allowed height of twenty (20) feet to twenty-five (25) feet. The variance will allow an existing sign to be relocated to the southeast corner of the above referenced site. MEHjjm Att. cc: Board of Adjustment Members City Manager City Attorney city Clerk Acting Planning & Zoning Director Michael Haag A:BOA1B6SR.JM ...., ..( BUILDING DEPARTMENT MEMORANDUM NO. 93-209 October 12, 1993 To: Mike Haag, Zoning and Site Development Administrator Don Jaeger, Building Official~ Al Newbold, Deputy Building ~f~~ial Via: From: Re: Board of Adjustment Cases No. 186 and 187 - As per our previous conversation about the above referenced cases, the Building Department offers the following comments: -+-- Case No. 186 - This is only a request for location of a sign at the Main Street Car Wash at 201 East Boynton Beach Boulevard. Granting of this variance alone would not cover other violations that have been noted. The proposed sign is 7' X 10' for a total of 70 Sq. Ft., whereas, the Code allows 52.5 Sq. Ft. If a variance was sought, it could only be for 25% which would still be less than the 70 Sq. Ft. shown. Also, the maximum allowable height cannot exceed 20 Ft. It is our recommendation that the applicant be made aware that if the location variance is granted, the other aspects of the Code must be complied with or the variance request amended to include all variances required. Case No. 187 - This is a request for construction of a detached garage, to reduce the required 25 Ft. front setback to 19 Ft. and reduce the required side setback from 10 Ft. to 1.5 Ft. In the absence ~f drawings, our comments would be that the applicant should be made aware that Table 600 should be complied with and that accessory buildings should only be located in side or rear yards at least 12 Ft. from the principle building, per Appendix A, Section 4.B.1. It appears from the application that they want to reduce the front yard to 19 Ft. which would indicate they wish to place it in the front yard. AN:mh MAINST . BOA OCT 1 .~ :S93 "lNG AND "? ...:) .., BUILDING DEPARTMENT MEMORANDUM NO. 93-213 October 27, 1993 To: Mike Haag, Zoning and Site Detlopme~t Building Official Deputy Building 0 ficial Administrator ..... ~a: Don Jaeger, From: Al Newbold, Re: Board of Adjustment Case No. 186 - Main Street Car Wash Case No. 188 - Joseph DeFeo, Jr. Case No. 189 - Checkers Drive-in It is very important that the facts, addresses, and code sections be correct in the event an applicant appeals the Board's ruling through the courts. Your department is in charge of the Board of Adjustment and is responsible for supplying complete, concise information spelling out the proposed hardships and indicating whether or not they are self-imposed. The Building Department has reviewed the above referenced cases and offers the following comments: Case No. 186 - Main Street Car Wash has requested variance to two additional items to comply with code, however, they should be listed as seeking relief from Chapter 21, Sign~, Section 21-23 Setbacks, and Section 21-25 (b), regarding minimum height and size; not Section 21-16 Variance, since no one can be in violation of the variance section. It is for relief from other sections of the Code. Case No. 188 - Joseph DeFeo, Jr. - The property address should be 815 Bamboo Lane, Boynton Beach not Delray Beach, as listed on the application. The Board should also be made aware that this piece of property was separated from the original Sun Wah property and was purchased in December, 1992 as a separate parcel (see attached warranty deed). It is presently being remodeled changing it from a duplex to a single family residence under Permit No. 93-3220 issued 8/4/93. It may be possible to obtain additional property from Sun Wah in order to construction the 14' X 34' addition without coming within l' of the property line as shown on the attached survey. Because the lot was subdivided, it may constitute a self-imposed hardship by not purchasing a large enough piece of property to make these improvements. The rear yard does have enough room to have a storage building added to the structure that may serve the owner's purpose without requiring a variance. 00 'i ' i 'j 00 ------.-..-".----.--.. MEMORANDUM NO. 93-213 To: Mike Haag, Zoning & Site Dev. Admin. From: Al Newbold, Deputy BIdg Off. Re: Board of Adjustment Page 2 October 27, 1993 Case No. 189 - Checkers Drive-in Restaurant - Please be advised that this request for relief from Section 21-25 (d) relating to the number of menu signs permitted, will not allow installation of the pylon sign located in the front of the structure within the 10' required setback. This will codition will require the owner to request relief from section 21-23, Setbacks also. If Checkers wishes to include this additional request, your Board may wish to table this item rather than having the applicant withdraw their application. If withdrawn, it cannot be submitted for rehearing by the Board within a six months period. ~~/ Al Ne 01 AN:mh A: 1868889.BOA PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 93-275 TO: DOn~J,~~, Building Official Micha Haag, Zoning and Site Development AdminJ.: trator FROM: DATE: October 21, 1993 SUBJECT: Review of Board of Adjustment Cases Enclosed please find copies of the applications for the Board of Adjustment meeting of November 15, 1993 for your perusal. Please let us know if you have any comments prior to November 2, 1993. The drawings for these cases for your review are in the Planning and Zoning Department office. CC/cmc A: BOA2 , PLANNING AND ZONING DEPARTMENT MEMORANDUM #93-274 TO: Sue Kruse city clerk FROM: Michael E. Haag Zoning and Site Administrator DATE: October 21, 1993 J RE: Board of Adjustment Cases for November 15, 1993 Meeting Case #186 - Main Street Car Wash - Sign Code (New Ad) Case #188 - Joseph Defeo, Jr. - Zoning Code Case #189 - Checkers Drive-In Restaurant, Inc. - Sign code Accompanying this memorandum, you will find a copy of the applications and supporting documentation for the above- referenced variance cases. Two checks in the amount of $400 each to cover the review and processing of Cases #188 and #189 have been forwarded to the Finance Department. As per the City Attorney's instruction, a new ad and variance will be processed for Case #186. The legal advertisements for this request will be forwarded to your office after review by the City Attorney and City Manager. ael E. Haag cc: Case #186 file Case #188 file Case #189 file A: PHTRANS.JM 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 8 working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: PLANNING & ZONING DEPARTMENT PREPARED BY: Michael Haaq DATE PREPARED: 10-21-93 BRIEF DESCRIPTION OF NOTICE OR AD: Board of Adiustment - Case #186 - Meetinq Date November 15. 1993 Kenneth Zenqaqe SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, section Placement, Black Border, etc.) Standard Leqal Ad SEND COPIES OF AD TO: Property Owners within 400' radius of subiect property. Applicant and the Planninq & Zoninq Dept. NEWSPAPER(S) TO PUBLISH: To be determined bv City Clerk DATE(S) TO BE PUBLISHED: To be determined by City Clerk APPROVED BY: ( 1 ) ~"t5~{ .~.l.(~tl.i?J (Departmen Hea /e;;/ /?/3 / (Date) ( 2 ) (City Attorney) (Date) ( 3 ) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: A: PHZONZEN. ,JM NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the Sian Code of said City: Case #186 Owner/Agent: Kenneth Zengage, agent for Forward Progress, Inc. Requested Variance: The variance requested is regarding the following Sign specifications: 1. Reduce the required ten (10) feet front setback to zero (0) feet and reduce the ten (10) feet required east side setback to two (2) feet, 2. Increase the code allowed sixty-four (64) square feet sign area by nine point four (9.4) percent. (Total sign area seventy (70) square feet) and, 3. Increase the code allowed twenty (20) feet sign height by twenty-fiv~ (25) percent. (Total overall sign height will be twenty-five (25) feet) The variance is to Section 21-16 of the sign code. (Chapter 21 of the Code of Ordinances) Location: 201 E. Boynton Beach Boulevard Legal Description: Lots 9 to 11 inclusive, and Lots 14 and 16 C.W. COPPS ADDITION according to the Plat thereof recorded in Plat Book 7 Page 56, less and except the South 18.5 feet of Lots 9, 10 and 11; and less and except that part of Lot 11 which is included in external area formed by a 20 foot radius arc which is tangent to the West line of Lot 11 and tangent to a line 18.5 feet Northerly of and parallel to the South line of Lot 11, and less the West 25 feet of said Lots 14 and 16. Use: Site with stand structure/business. alone car wash A PUBLIC HEARING will be held relative to the above application by the BOARD OF ADJUSTMENT at City Hall, Commission Chambers, Boynton Beach, Florida, on Monday, November IS, 1993, at 7:00 P.M. Notice of a requested variance is sent to property owners within 400 feet of the applicant's property to give them a chance to voice their opinion on the subject. Comments may be heard in person at the meeting or filed in writing prior to hearing date. If further information is desired, call 375-6061, City Clerk's Office. NOTICE OF PUBLIC HEARING - KENNETH ZENGAGE PAGE 2 All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Board of Adjustment 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 SUZANNE M. KRUSE CITY CLERK PUBLISH: C:PHZENSGN.JM BUILDING DEPARTMENT MEMORANDUM NO. 93-209 October 12, 1993 To: Mike Haag, Zoning and Site Development Administrator Don Jaeger, Building Officia~ Al Newbold, Deputy Building ~f~cial Via: From: Re: Board of Adjustment Cases No. 186 and 187 As per our previous conversation about the above referenced cases, the Building Department offers the following comments: Case No. 186 - This is only a request for location of a sign at the Main Street Car Wash at 201 East Boynton Beach Boulevard. Granting of this variance alone would not cover other violations that have been noted. The proposed sign is 7' X 10' for a total of 70 Sq. Ft., whereas, the Code allows 52.5 Sq. Ft. If a variance was sought, it could only be for 25% which would still be less than the 70 Sq. Ft. shown. Also, the maximum allowable height cannot exceed 20 Ft. It is our recommendation that the applicant be made aware that if the location variance is granted, the other aspects of the Code must be complied with or the variance request amended to include all variances required. Case No. 187 - This is a request for construction of a detached garage, to reduce the required 25 Ft. front setback to 19 Ft. and reduce the required side setback from 10 Ft. to 1.5 Ft. In the absence of drawings, our comments would be that the applicant should be made aware that Table 600 should be complied with and that accessory buildings should only be located in side or rear yards at least 12 Ft. from the principle building, per Appendix A, Section 4.B.1. It appears from the application that they want to reduce the front yard to 19 Ft. which would indicate they wish to place it in the front yard. AN:mh MAINST.BOA PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 93-258 FROM: ~D~~eger, Building Official . ~~~l Haag, Zoning and Site Development . istrator TO: DATE: October 5, 1993 SUBJECT: Review of Board of Adjustment Cases Enclosed please find copies of the applications for the Board of Adjustment meeting of October 18, 1993 for your perusal. Please let us know if you have any comments prior to October 12, 1993. The drawings for these cases for your review are in the Planning and Zoning Department office. CC/cmc A:BOA2