05-16-17 Item 7.A. ROK BurgerIN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR
ROK BRGR, 4 E. Atlantic Avenue
1. This waiver request came before the City Commission on May 16, 2017.
2. The Applicant and City staff presented documentary evidence and testimony to
the City Commission pertaining to the waiver request for ROK BRGR. All of the evidence is a
part of the record in this case. Required findings are made in accordance with Subsections I.
I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(51 prior to granting a waiver, the
approving body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
A. Waiver to LDR Section 4.6.7(E)(7)
Pursuant to LDR Section 4.6.7(E)(7), Design Standard Matrix, is subject to the
following standard one wall sign facing a dedicated street frontage is permitted.
The applicant is requesting a wall sign on the east elevation which faces interior
to an outdoor patio.
1. Should the waiver to Section 4.6.7(E)(7) to allow a wall sign to face
interior to an outdoor patio granted?
Yes 3 No 1
3. The City Commission has applied the Comprehensive Plan, and LDR
requirements in existence at the time the original development application was submitted
and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial evidence to
support its findings in the record submitted and adopts the facts contained in the record including
but not limited to the staff reports, testimony of experts and other competent witnesses
supporting these findings.
5. Based on the entire record before it, the City Commission approves 3 denies
1 this waiver request.
6. Based on the entire record before it, the City Commission hereby adopts this
Order this 16th day of May, 2017, by a vote of x in favor and opposed.
ATTEST:
1 JrcA k
Kimberly Wynn, cting aty Clerk
Glickstein, Mayor
Department Head:
-4-117117
�Timoth ings, Dir or of Planning & Zoning
2