AGENDA DOCUMENTS
STAFF REPORT
BOARD OF ADJUSTMENT
Regular Meeting November 15, 1993
Case # 186
Request:
Location: 201 East Boynton Beach blvd.
Agent: Kenneth Zengage
Analysis:
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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 property. This
request is a variance to the sign specifications listed
in section 21-16, Chapter 21 Sign Code of the Boynton
Beach Code of Ordinances.
The variance request is in connection with the proposed
relocation of an existing sign at the Main Street Car
Wash site that is located at 201 East Boynton Beach
Boulevard. The site is located in the C-3 Community
Commercial zoning district. 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 Code. 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 #186 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 HAll 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 plant 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
feet 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.
MEH/jm
Att.
cc: Board of Adjustment Members
City Manager
City Attorney
City Clerk
Acting Planning & Zoning Director
Michael Haag
A:BOA186SR.JM
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AGENDA
BOARD OF ADJUSTMENT
REGULAR MEETING
DATE:
TIME:
PLACE:
Monday, October 18, 1993
7:00 P.M.
City Commission Chambers
100 East BOYnton Beach Blvd.
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A. Acknowledgement of Members and Visitors
B. Approval of Minutes
C. Agenda Approval
D. Continued Petitions - None
E. New Petitions
Case #186 201 East Boynton Beach Boulevard
Property
OWner/Agenti Kenneth Zengage, agent for Forward Progress,
Inc.
Request: Applicant requests to reduce the t~n (10) feet
required front setback to zero (0) feet and reduce
the ten (10) feet required side setback to two (2)
feet in connection with the installation of a free-
standing sign for a car wash business.
Case #187 1 Virginia Garden
Property
OWner: Robert Fay
Request: The applicant is requesting to reduce the twenty-
five (25) feet required front setback to nineteen
(19) feet and reduce the ten (10) feet required side
setback to one point five (1.5) feet for the purpose
of adding a detached garage to a single family
residence lot.
F. Other Business
G. Adjournment
Notice: 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 procee..Hl.lgs is
made, which record includes the testimony and evidence ~pOu which
the appeal is to be based.
CC: Members - Board of Adjustment
Honorable Mayor and Commissioners
City Manager
City Attorney
Planning and Zoning Director
City Clerk
Building Official
Recording Secretary
Applicants (2)
(10)
MH/cmc
A: AGENDA
STAFF REPORT
BOARD OF ADJUSTMENT
October 18, 1993
Case #186
Location: 201 East Boynton Beach Blvd. Agent: Kenneth Zengage
Request: To reduce the ten (10) feet required front setback to
zero (0) feet and reduce the ten (10) feet required
side setback to two (2) feet in connection with the
installation of a freestanding sign for the existing
car wash business. This request is a variance to
section 21-23 of the Sign Code.
Analysis: The variance request is in connection with the proposed
relocation of an existing sign at the Main Street Car
Wash site that is located at 201 East Boynton Beach Blvd.
Section 21-23 of the Sign Code specifies that the leading
edge of a freestanding sign shall be located (10) feet
from all property lines. As indicated on the survey
there is an existing freestanding sign located on the
site at the corner of Boynton Beach Boulevard (N.E. 2nd
Avenue) and N.E. 1st Street. The City has initiated a
voluntary streetscape landscape improvement program along
Boynton Beach Boulevard. The city will plant landscape
material on the property owners property. In turn, the
property owner will maintain the material. However, the
location and size of the landscape material installed at
the car wash site is near the existing sign and resulted
in a conflict regarding the visibility of the sign for
customers driving on Boynton Beach Boulevard. Therefore,
the applicant is requesting the following setbacks for
the new sign that will be placed near the southeast
corner of the subject property: zero (0) feet from the
south property line; two (2) feet from the east property
line. As previously stated, the minimum setback for a
freestanding sign is ten (10) feet from all property
lines. All other aspects of the sign shall comply with
the Sign Code.
The subject site is located in the C-3 zoning district
and the property that abuts the site to the east, south
and west are zoned C-3 and are developed as commercial
sites. The property directly north of the subject site
has a R-2 residential zoning classification. 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 freestanding sign touch any property line.
2. The City has initiated a voluntary streetscape
landscape program and the applicant has accepted
landscape material that has been installed at the
southwest corner of the site.
3. The Code specified sign setbacks are as follows:
ten (10) feet from any property line to the leading
edge of a freestanding sign.
4. The request is for the installation of a freestanding
sign that will touch the south property line and be
two (2) feet from the east property line.
C:CASE186
XC: City Manager
City Attorney
City Clerk
Acting Planning and Zoning Director
Members - Board of Adjustment
-1-
PLANNING & ZONING DEPARTMENT
MEMORANDUM NO. 93-239
TO: Sue Kruse, City Clerk
FROM: Michael E. Haag, Zoning & Site Administrator
DATE: september 20, 1993
SUBJECT: Board of Adjustment
Case #186 - Main Street Car Wash (Sign Code)
Case #187 - Robert Fay (Zoning 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 the applications have been forwarded to
the Finance Department.
The legal advertisement for this request will be forwarded to your
office after review by the City Attorney and City Manager.
MEH:frb
Attachments
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xc: project Files
A:93-239.frb
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL AD~RTISEMENTS
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 DEPART~mNT
PREPARED BY:
MICHAEL HAAG
DATE PREPARED: 9-21-93
BRIEF DESCRIPTION OF NOTICE OR AD: Board of Adiustment Public
Hearinq Notice for Case #186 to be held at City Hall on
October 18, 1993.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
Standard Legal Ad
SEND COPIES OF AD TO: All property ownerR wirnin 4nn fppt of
property, Board of Adjustment Members, City Commission, City Attorney,
City ~lanager, Building Official, Planning & Zoning Director & Applicant
NEWSPAPER(S) TO.PUBLISH: Bovnton Beach News
DATE(S) TO BE
PUBLISHED:
( 1 )
C k..,\-l= e~
(Department ead)
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APPROVED BY:
( 2 )
(City Attorney)
(Date)
( 3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
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 Zonina Code of said City:
Case #186
Owner/Agent:
Requested
Variance:
Location:
Legal
Description:
Use:
Kenneth Zengage, agent for Forward Progress,
Inc.
Kenneth Zengage, agent for Forward Progress,
Inc. is requesting to reduce the ten (10) feet
required front setback to zero (0) feet and
reduce the ten (10) feet required side setback
to two (2) feet in connection with the
installation of a freestanding sign for a car
wash business.
201 E. Boynton Beach Boulevard
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.
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, October 18, 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.
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.
PUBLISH:
C:PHZENGAG.JM
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE
CITY CLERK