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APPLICATION WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAFIER SHAYNA M. REITMAN June 27, 2007 Via Hand Delivery Mr. Michael W, Rumpf Director of Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: Makrista Baby Our File No.:MABA002 ~~@~DW~@ JUN 2 8 2007 PLANNING AND ZONING DEPT. Dear Mike: We are requesting a hearing before the City Commission to appeal your deCision that the business operations of Makrista Baby are not a similarity of use to that of 8 tailor/dressmaker, which are conditional uses in the C-1 zoning district pursuantto Section 6.A of the City's Zoning Regulations Item "s" is tilted as follows: "~so Barber shops, beauty salons, manicurists, tailors and dressmakers." The property located at 230-236 SE 23rd Avenue is within the C-1 zoning district. We are authorized to make this request pursuc;mt to the land Development Regulations ("LDRs") of the City of Boynton Beach ("City") under Chapter 1, General Provisions: Article VII, Appeals. Our Similarity of Use request dated .June 4, 2007 is attached as Exhibit "A" and made a part of the record. Your response of June '15,2007 is attached as Exhibit "B." Since your decision was rendered on June 15, 2007, this request ;5 1imely filed within fifteen (15) calendar days, as required by the LDRs. We are appealing this aecision because the operations of Makrista Baby are in fact a similarity of use to that of a tailor/dressmaker. The terms "dressmaker" and "tailor" are not speCifically defined in the City's zoning regulations so they must be given their plain meaning. The American Heritaqe Dictionary defines "dressmaker" as one that makes women's clothing, especially dresses. Makrista Baby is making baby clothing. "Tailor" is defined as one that makes, repairs and alters garments. Makrista Baby's business is the making or altering of baby clothes. Roqet's New Millennium Thesaurus includes garment maker, dressmaker, outfitter, clothier and seamstress as synonyms to tailor. The operations of Makrista Baby primarily consist of images being applied to the already manufactured t- shirts by a digital screen printing process or by sewing. This operation is similarto that of a dressmaker and/or tailor in that garments are being altered or made. It is no different than 0:\MABA002\Letter to Mike Rumpf requesting Appeal. June 27, 2007.doc Mr. Michael Rumpf June 27, 2007 Page 2 of 2 the embroidery of initials on a shirt of other garments to personalize it for its owner. Enclosed please find a check in the amount of Seven Hundred Fifty and 00/100 ($750.00) Dollars representing the fee required for this appeal. I understand that a survey is not necessary for this type of appeal. Please let me know the date of this appeal before the City Commission. We reserve the right to present more evidence at the hearing. Jason S. Mankoff JSM:vf Enclosure Cc: James Cherof, Esquire (w/enclosure) Ms. Janet Prainito, City Clerk (via hand-delivery w/enclosure) Ms. Kristy B. Golden (w/o enclosure) Ms. Stacy Beck (w/o enclosure) Michael S. Weiner. Esquire (w/o enclosure) O:\MABA002\Letter to Mike Rumpf requesting Appeal, June 27, 2007.doc The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.com WEINER & ARONSONj PoAo ATTORNEYS AT LAW ~~- MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAFIER SHAYNA M. REITMAN June 4, 2007 Via Hand Delivery Mr. Michael Rumpf, Director Planning and Zoning Department City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 """.,a}lE ~DP. ~1'. ~. d.C CUpr Re: Similarity of Use Our File No.: MABA002 Dear Mike: Pursuant to the City of Boynton Beach ("City") Code of Ordinances, we are requesting a similarity of use within the C-1 Office and Professional Commercial District. Within the C-1 zoning district, tailors and dressmakers are allowed as a conditional use. This letter will explain why we believe the proposed use is similar to a tailor and/or dressmaker. Makrista Baby is a company whose primary business is that of a small children's clothing line. The operations would be located at 230-236 SE 23rd Avenue. They embellish already manufactured articles of clothing by dyeing, adding heat pressed images to the fabric, or sewing on patches. They would also like to silk-screen images onto the clothing through the utilization of a manual five (5) screen print machine. The majority of the clients of Makrista Baby are currently small, high-end children's boutiques across the country. Business transactions take place over the internet and telephone. However, Makrista Baby would also like the opportunity to sell items created directly to clientele, as would be the case with a tailor or dressmaker. The operations would include digital photography and illustrations using both cameras and computers, possibly of children in the Makrista Baby line of clothing. Photography studio services and developing/finishing of customer film is a permitted o \MABA002\Letter to Micllael Rumpf Ie similarity of use June 4 2007 doc ~v1r. ~v1ike Rumpf June 4, 2007 Page 2 of 2 use within the C-1 district. Thus, the activity of photographing children in their products and creations is equivalent to this permitted use, as these photographs would not be developed or sold for retail. Makrista Baby is a specialized, low traffic, small business. Their activities are similar to those of a dressmaker and tailor, as they are merely altering, adapting and embellishing the clothing as it currently exists for specific clientele. Thus, the operations of Makrista Baby should be permitted as a conditional use in the C-1 zoning district. Additionally, if the similarity of use is granted, the use would still be subject to the additional requirements for a conditional use, including approval by the appropriate City Boards. This is simply small business owners wishing to conduct themselves in accordance with the City ordinances, and thus are requesting a similarity of use in order to do so. vejlJrulY y;<5urs, ) / ;.iJI,;{,. Mankoff IJrSICt:smr ,. I ~ci:c: Ms. Kristy Golden Ms. Stacy Beck Michael S. Weiner, Esquire Shayna M. Reitman, Esquire o \f'vIABA002\Letter to f'vlichael Rumpf re similarity of use June 42007 doc The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org June 15, 2007 Mr. Jason S. Mankoff 102 North Swinton Avenue Delray Beach, FL 33444 Re: Similarity of Use - Makrista Baby and tailor/dressmaker in C-l Weiner & Aronson, PA file: MABA002 Dear Mr. Mankoff: Staff has reviewed your request to determine if the above-referenced use is similar to a tailor and/or dressmaker, allowing such use to be conditional in the C-l Zoning District pursuant to use item "s" within Section 6.A of the City's Zoning Regulations. Item "s" is titled as follows: "s. Barber shops, beauty salons, manicurists, tailors and dressmakers. *" Although the subject use may use similar equipment as a tailor or dressmaker, the principal aspects of the businesses being compared differ; tailors and dressmakers are classified as personal services whereas the subject use is interpreted principally as a retail or wholesale operation. Although if the use "dressmaker" were listed individually in the city's zoning regulations, and not defined otherwise, it could be construed as a retail/wholesale business or even a manufacturing business. However, the "dressmaker", along with barber shops, beauty salons, manicurists, and tailors are "personal services". Although such businesses may sell some products, that component would be ancillary to the principal service use. The interpretation used in this review for the subject business has been based, in part, on the descriptions taken from the web site for Makrista Baby. You will see from this narrative, that a retail product is the foundation for this operation. This business provides a product, rather than a service. To support this position, excerpts from the subject web site have been included below: Our 2arments are manufactured using only the highest quality fabrics and workmanship. We use only ringspun 100% cotton yarns, chosen from selected cotton fields around the globe. After much research we have found that the European combed cotton used in our clothing is the very softest available. This provides our garments with the soft, plush feel you and your baby deserve. Makrista Baby clothin2 is garment dyed using our own custom mixed dyes and finished with double stitching and all seams have an overlock stitch to prevent unraveling. And further: We take pride in providing versatility by allowing our customers to choose any Makrlsta Baby ima2e and apply it to any 2arment we carry. { . Page 2 June 15, 2007 And lastly: 100% Guarantee on all l,!arments with factory defects when reported within 15 days of receipt. As for the photographic component of the operation, based on your description and information provided on the company's web site, I must assume that thIS is an ancillary aspect and has been reviewed accordingly. In closing, if such businesses were interpreted as being consistent with the above-described personal service item, this precedence would justify subsequent similar requests involving retail/boutique businesses and the C-I Zoning District. Furthermore, if a comparison is based primarily on the equipment used, then other valuable characteristics that comprise a gIven business would be excluded, and necessary for determining performance characteristics and intended relationships with other businesses in a given district. I trust I have adequately responded to your request. However, if you have any questions regarding this letter, or additional information that contrasts the findings or assumptions stated herein, please contact me. Unless personal service characteristics are identified similar to those currently accommodated by the C-I district, I'm certain that you would arrive at the same conclusion given your knowledge of and experience with local zoning regulations. Sincerely, ttk Michael Rumpf Planning & Zoning Director MR cc: Maxime Ducoste Amedee S IPlanninglSHAREDlWPICORRESPIConesp M thrll ZlMakrista Baby - SlIllilarity ofllse (tailor and dressmaker).l1f Contact Us: Makrista Baby!, TO' +'ant and Toddler Clothing and Gifts for tt:.e Hip, Cool Ba... Page 1 of2 Makrista Baby Home I Log In I About Us:: Contact Us:: Return Policy:: Store Locator:: Press Home:: Contact Us Makrista Baby 4310-0 Village Drive Oelray Beach, FL 33445 P 561.740.7035 f 561.738.7822 Makrista Baby welcomes any inquiries or questions you may have. If you need to contact us we can be reached by phone: 561.740.7035 by mail: 4310-0 Village Drive Delray Beach, FL 33445 byemail: info@makristababy.com or by form below: http://www.makristababy.com/index. php ?main ""'page=contact_ us&zenid=bc53 3 3e64d3 7 5 e... 6/28/2007 Contact Us: Makrista Baby!, I..-r1.nt and Toddler Clothing and Gifts for tl,e Hip, Cool Ba... Page 2 of2 Contact Us Full Name: Email Address: Message: . - Home .. About Us :: Return Policy:: Contact Us .. Links Your IP Address is: 216.242.13.98 @ 2007 Makrista Zen Cart http://www.makristababy.com/index. php ?main yage=contact_ us&zenid=bc53 3 3 e64d3 75 e... 6/28/2007 About Us: Makrista Baby!, InF .,t and Toddler Clothing and Gifts for thp Hip, Cool Baby... Page 1 of2 Makrista Baby Home I Log In I About Us:: Contact Us:: Return Policy:: Store Locator:: Press Home:: About Us About Us Makrista Baby was created with you and your child in mind. As sister artisans, and members of Makrist had been looking for a way to celebrate our creativity with others. The many young children and babies in friends and family inspiried us to create designs that were simple and sweet. To add practicality to the mix, we applied these images to baby and toddler clothing and offered them as g and friends. These gifts were a hit! We were strongly encouraged to bring our designs to the public for all to enjoy. Makrista Baby was born Our unique designs are whimsical, sweet and irresistible. The images are commercially applied to each gar a digital screen print process. This process allows the vibrant colors of each image to last wash after wash. soft, pliable and long lasting. Our garments are manufactured using only the highest quality fabrics and workmanship. We use only ring~ yarns, chosen from selected cotton fields around the globe. After much research we have found that the E cotton used in our clothing is the very softest available. This provides our garments with the soft, plush feE baby deserve. Makrista Baby clothing is garment dyed using our own custom mixed dyes and finished with double stitc~ have an overlock stitch to prevent unraveling. We take pride in providing versatility by allowing our customers to choose any Makrista Baby image and; garment we carry. http://www.makristababy.comlindex.php?mainj.age=page&id= 1 &chapter=O 6/28/2007 About Us : Makrista Baby!, In+' ,t and Toddler Clothing and Gifts for t}"" Hip, Cool Baby... Page 2 of2 Home .. About Us :: Return Policy:: Contact Us .. Links Your IP Address is: 216.242,13.98 Copyright @ 2007 Makrista Baby. Powered by Zen Cart http://www.makristababy.com/index.php?main -page=page&id= 1 &chapter=O 6/28/2007 Reverse Lookup on AnyWho Page 1 of2 AnyWho online dl.rectory emf Finding People, Places, and Businesses 5' International 5' Maps 5' Area Codes 5' Toll-Free ~, " 5' Shopping.com 5' eHarmony.com 5' Video News ~" .. 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Instant Backoround Check Available - $49.95! >" Find a Nearby Business ~ SPONSORED LINKS Instant Background Checks Batch Phone & Address Search Find your Soul Mate , Find Anyone's Email Find a Great Job in Your Area Home I About AnyWho I Help I Site Map I AT&T World net Service I YELLOWPAGES.CO http://www .anywho.COlnlqry/wp JI 6/28/2007 Reverse Lookup on AnyWho Business Listings provided by @2007 YELLOWPAGES,COM LLC. All rights reserved. Terms and Conditions. Privacy Policy (C) 2007 AT&T Knowledqe Ventures. All Rights Reserved. http://www.anywho.com/qry/wp _rl Page 2 of2 6/28/2007 PROJECT NAME: Makr~sta Baby LOCATION: PCN: 08-43-45-33-04-000-0100 & 08-43-45-33-04-000-0090 I FILE NO.: ADAP 07-002 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: Golden Chiropractic Michael S. Weiner ADDRESS: 6100 N. Ocean Blvd Weiner & Aronson, P.A, Boynton Beach, FL 33435 ADDRESS: 102 North Swinton Avenue FAX: Delray Beach, FL 33444 PHONE: FAX: 272-6831 PHONE: 265-2666 SUBMITTAL / RESUBMITT AL 6/28/07 1 ST REVIEW COMMENTS DUE: PUBLIC NOTICE/ SIGNS 30 days / 10 days IPARC: TART MEETING: LEGAL AD PLANNING & DEVELOPMENT BOARD ~/!J/il T MEETING: ~2~7 P~/) q/1I1~7 CRA COMMUNITY REDEVELOPMENT , AGENCY BOARD CITY COMMISSION MEETING: lQ/l~/~ (0('0/07 ~A.1 COMMENTS: S-\Planning\SHARED\WP\PROJECTS\Makrista Baby ADAP\2007 PROJECT TRACKING INFO.doc