004

Beatty

Scarborough

YesYesAbsentYesAbsentAbsent

RESOLUTION NO. ZR-2012-

RESOLUTION APPROVING ZONING APPLICATION ZV-2011-03180 CONTROL NO. 1995-00034

TYPE II VARIANCE (STAND ALONE) APPLICATION OF Sandra C Siomin for Sannlor Properties II, LLC

BY Urban Design Kilday Studios, AGENT (ROSLYN AND RAYMOND SLOMIN CAMPUS)

WHEREAS, the Palm Beach County Zoning Commission, pursuant to Article 2 (Development Review Procedures) of the Palm Beach County Unified Land Development Code (Ordinance 2003-067, as amended) is authorized and empowered to consider, approve, approve with conditions or deny a Type II Variance; and

WHEREAS, the notice and hearing requirements, as provided for in Article 2 of the Palm Beach County Unified Land Development Code, have been satisfied; and

WHEREAS, Zoning Application ZV-2011-03180 was presented to the Zoning Commission at a public hearing conducted on February 2, 2012; and

WHEREAS, the Zoning Commission considered the evidence and testimony presented by the applicant and other interested parties, and the recommendations of the various county review agencies; and

WHEREAS, this approval is subject to Article 2.E of the Palm Beach County Unified Land Development Code and other provisions requiring that development commence in a timely manner; and

WHEREAS, the Zoning Commission hereby incorporates by reference the Findings of Facts in the staff report addressing the standards contained in Article 2.B.3.E.

WHEREAS, Article 2.A.1.K.3 (Board Action) of the Palm Beach County Unified Land Development Code requires that the action of the Zoning Commission be adopted by resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE ZONING COMMISSION OF PALM BEACH COUNTY, FLORIDA, that Zoning Application ZV-2011-03180, the application of Sandra C Siomin for Sannlor Properties II, LLC, by Urban DeSign Kilday Studios, agent, for a Type II Variance to allow a zero-foot setback and a zero-foot separation from a residential zoning district for a Freestanding Sign; an increase in sign face area for a Wall Sign; and, an Off-Site Directional sign on a parcel not abutting the subject parcel, on a parcel of land legally described in EXHIBIT A, attached hereto and made a part hereof, and generally located as shown on a vicinity sketch as indicated in EXHIBIT B, attached hereto and made a part hereof, was approved on February 2, 2012, subject to the conditions of approval described in EXHIBIT C, attached hereto and made a part hereof, and variance request as described in EXHIBIT D, attached hereto and made a part hereof.

Commissioner Resolution.

moved for the approval of the

The motion was seconded by Commissioner ________ and, upon being put to a vote, the vote was as follows:

Sherry Hyman, Chair Sheri Scarborough, Vice Chair Jennifer Backsi William Anderson Sam Caliendo Joanne Davis

Application No. ZV-2011- 03180 Control No. 1995-00034

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YesYesYes

February 3, 2012

Alex Brumfield III Mark Beatty Robert Currie

The Chair thereupon declared the resolution was duly passed and adopted on February 2, 2012.

Filed with the Clerk of the Zoning Division on _________ _

This resolution is effective when filed with the clerk of the Palm Beach County Zoning Division.

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

Application No. ZV-2011- 03180 Control No. 1995-00034

PALM BEACH COUNTY, FLORIDA BY ITS ZONING COMMISSIONERS

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EXHIBIT A

LEGAL DESCRIPTION

LEGAL DESCRIPTION:

THE EAST HALF (E.1/2) OF THE SOUTHWEST QUARTER (S.W .1/4 OF THE NORTHWEST QUARTER (N.W.1/4) OF THE SOUTHWEST QUARTER (S .W.1/4) OF SECTION 27, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS THE SOUTH 30 FEET THEREOF FOR ROAD RIGHT-OF-WAY.

ALSO DESCRIBED IN THAT CERTAIN SURVEY PREPARED BY O'BRIEN, SUITER & O'BRIEN, INC., ENGINEERS, SURVEYORS, LAND PLANNERS, DATED JANUARY 11, 1995 AND KNOWN AS ORDER NO. 83-31108, AS:

COMMENCING AT THE SOUTHWEST CORNER OF SECTION 27, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AS SAID SOUTHWEST CORNER HAS BEEN USED HISTORICALLY, BY O'BRIEN, SUITER & O'BRIEN, INC., LAND SURVEYORS, AND BY FLORIDA SURVEYING AND MAPPING, INC., FOR THE SURVEY OF MORIKAMI PARK AND FITS THE OCCUPATION IN SAID SECTION 27, AS REFERRED TO IN OFFICIAL RECORD 4534, PAGE 473 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 0°09'56" EAST, ON AN ASSUMED BEARING, ALONG THE WEST LINE OF SAID SECTION 27, A DISTANCE OF 1360.09 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER (N .W.1/4) OF THE SOUTHWEST QUARTER (S.W.1/4) OF SAID SECTION 27; THENCE NORTH 89°49'26" EAST, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER (N.W.1/4) OF THE SOUTHWEST QUARTER (S.W.1/4) OF SECTION 27, A DISTANCE OF 334.73 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF E.1/2) OF THE SOUTHWEST QUARTER (S.W.1/4) OF THE NORTHWEST QUARTER (N.W.1/4) OF THE SOUTHWEST QUARTER (S.W.1/4) OF SAID SECTION 27 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°49'26" EAST ALONG THE SOUTH LINE OF THE SAID EAST HALF (E .1/2) OF THE SOUTHWEST QUARTER (S.W.1/4) OF THE NORTHWEST QUARTER (N.W.1/4) OF THE SOUTHWEST QUARTER (S.W.1/4), A DISTANCE OF 334.73 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 0°09'29" EAST ALONG THE EAST LINE OF THE EAST HALF (E .1/2) OF THE SOUTHWEST QUARTER (S .W.1/4) OF THE NORTHWEST QUARTER (N.W.1/4) OF THE SOUTHWEST QUARTER (S.W.1/4) OF SAID SECTION 27, A DISTANCE OF 680.15 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 89°48'53" WEST, ALONG THE NORTH LINE OF SAID EAST HALF (E.1/2) OF THE SOUTHWEST QUARTER (S.W.1/4) OF THE NORTHWEST QUARTER (N .W.1/4) OF THE SOUTHWEST QUARTER (S.W .1/4) OF SECTION 27, A DISTANCE OF 334.69 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 0°09'42" WEST, ALONG THE WEST LINE OF SAID EAST HALF (E.1/2) OF THE SOUTHWEST QUARTER (S.W.1/4) OF THE NORTHWEST QUARTER (N.W .1/4) OF THE SOUTHWEST QUARTER (S.W.1/4) OF SAID SECTION 27, A DISTANCE OF 680.10 FEET TO THE POINT OF BEGINNING.

LESS THE SOUTH 30 FEET THEREOF FOR ROAD RIGHT-OF-WAY.

SAID LANDS LYING IN PALM BEACH COUNTY, FLORIDA, CONTAINING 217,600 SQUARE FEET (4.9954 ACRES), MORE OR LESS

Application No. ZV-2011- 03180 Control No. 1995-00034

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EXHIBIT B

VICINITY SKETCH

VI -2011-3180(1995-034) Roslyn & Raymond Slomin Campus -Quad

Application No. ZV-2011- 03180 Control No. 1995-00034

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EXHIBIT C

CONDITIONS OF APPROVAL

VARIANCE 1.The Development Order for this variance shall be tied to the Time Limitations of

the Development Order for Z/CA-2011-924. (ONGOING: MONITORING - Zoning)

2.The variance approval for Sign B is limited to the structure as indicated on the Preliminary Site plan and Master Sign Plan dated January 3, 2012. Should the sign be removed or replaced it shall comply with the location, size and other Code requirements at that time. (ONGOING: BUILDING PERMIT - Zoning)

3.At time of application for a Building Permit, the Property Owner shall provide a copy of this Variance approval along with copies of the Final Site Plan to the Building Division. (BLDG PERMIT:ZONING-Landscape)

4.ln granting this approval, the Zoning Commission relied upon the oral and written representations of the property owner/applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning)

5.Failure to comply with any of the conditions of approval for the subject property at any time may result in: a. The issuance of a stop work order; the issuance of a cease and desist order; the denial or revocation of a building permit; the denial or revocation of a Certificate of Occupancy (CO); the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code (ULDC) at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or d. Referral to code enforcement; and/or e. Imposition of entitlement density or intenSity.

Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. (ONGOING: MONITORING - Zoning)

Application No. ZV-2011- 03180 Control No. 1995-00034

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EXHIBIT D

REQUEST

APPLICATION CODE REQUIRED PROPOSED VARIANCE NO. SECTION ZV-2011- 03180

V.1a Art. 8.F.1.B- Five (5) feet from Zero (O)-foot -Five (5) feet Permanent the property line setback. EXisting Signs - Minimum sign on the west Setback property line

encroaching abutting Park property is allowed to remain .

V.1b Art. 8.G.2.A.2 75 feet from a Zero (O)-foot setback -75 feet and Figure residential zon ing from Agricultural 8.G.2.A- district Residential (AR) Freestanding Zoning District Signs Minimum abutting west Separations property line (Park

use)

V.2 Table 8.G.1.A Maximum 0.25 0.50 square feet of +21 square Wall Sign square feet of sign face area per feet Standards sign face area linear foot of a side

per linear foot of (southwest) fagade a fagade facing a facing a Park use residential zoning (42 square feet) district (21 square feet)

V.3 Art. 8.H.1.B.1 On a parcel On a parcel on the On a parcel Off-Site abutting the south side of that does not Directional Sign parcel identified Morikami Road abut the Location on the directional adjacent to Jog subject parcel

sign Road

SITUS 16700 AOS Ln ADDRESS: Delray Beach, 33446 OWNER NAME & Sandra C. Siomin for Sannlor Properties II, LLC ADDRESS: 4557 White Cedar Lane

Delray Beach, FL 33445 PCN: 00-42-46-27 -00-000-7160 ZONING Residential Transitional (RT) DISTRICT: BCC DISTRICT: 05 PROJECT Carol Glasser, Site Planner 1\ MANAGER: LAND USE: Low Residential, 3 units per acre (LR-3) I SIT/R: 27-46-42 CONTROL No.: 1995-00034 APPLICANT to allow a zero-foot setback and a zero-foot separation from a residential REQUEST: zoning district for a Freestanding Sign; an increase in sign face area for a

Wall Sign; and , an Off-Site Directional sign on a parcel not abutting the subject parcel.

Appl ication No. ZV-2011- 03180 Control No. 1995-00034

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