REVIEW COMMENTS
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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:
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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
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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:
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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
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BUILDING DEPARTMENT
MEMORANDUM NO. 93-213
October 27, 1993
To:
Mike Haag,
Zoning and Site Detlopme~t
Building Official
Deputy Building 0 ficial
Administrator
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~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.
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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.
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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
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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