LEGAL APPROVAL
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PLANNING DEPARTMENT MEMORANDUM" NO. 91-11l
TO: J.. Scott Miller, City Manager
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FROM: ~hris,~opher Cutro, Plann~.ng Director
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DATE: May 15, 1991
RE: Agnello Licensing Request
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In response to your 'memo of 5/6/9l regarding the licensing .of
the parking on~he right-of-way for Mr. Agnello. at 214 N.W.
3rd S~reet, I feel we shou~d not' license the spaces for'use.
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I am afraid that the licensing of the spaces could be used as
an argument ,for intensifying the use of the existing single-
family house '~hat is adjacent to the parking spa~es~
As you know, the owners of the property recently requested a
series ofvariances:for parking in an attempt ,to intensify
. the use of that property.', These variances were denied by the
City C~mmission. Li~ensing these spaces.mayallow them to
reopenthe.question~ .
If you have any questions regarding these matters, please feel,
free to call me.
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APPLICATION FO~ VARIANCES
TO PARKING LOT REGULATIONS
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City of Boynton Beach,Florida'
Planning and.Zoning Board
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'This application must be filled out completely and accurately and
submitted in two (2) copies to the Planning pepartment. Incomplete
applications will not be processed.
Please Print Legibly or Type all Information.
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1.. Project Name of Site Upon Which Parking Lot is Located:
~ / 'I Al.w, 3rJ." STr(!..l2-t' Of'J1c<!-
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Date this Application is Submitted:
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3. Applicant's Name (person or business entity in whose name
this application is made) :
fI1;c,h~e-' I-J. ~ A-I)~elo A. '3 l'\eJJCI
Address: Ljo;a She.\lclro-Ke Lo.oe...
6o.Y.1ton BetLc.h, FL 33 '13C
Phone: '(40~) ?3a- 88S8 7l1icha~J.s (}f1)e€ - ~Jjl- 8707
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4. . Agent's Name (person, if any,. representing applicant) : *. '"
AI/IT
Address:
'"
Phone:
~- * A letter from-the applicant or owner authorizing the agent
: i~"E!:9_~i,:ed,~__._._._,_ ..' .____.--._ ._.
5. Property Owner's (or Trustee's) Name:
M;d,cteJ ~. i" /f(l..3e.lo A. ~ 10
J!()/Ol.. Shel/drQ-ke- Lane-
'0 ... '
6o'y 0 Ton B eo..c..h I ~ L :3:7 '-I E G
IL/O?) 7.30l-8838
Address:
Phone:
6.
Correpondence Address (if different than applicant or agent) *:
P. O. 80)( 8~7
P tl) (h Beo..c.h, F L ~'3> '180
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* This is the address to which all agendas, letters, and
other materials will be mailed.
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.~ha~ is applicant's interest ,in the premises affected? fZV~b7
()wne..r
(Owner, Buyer, Lessee, Builder, Developer, etc.)
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8. Street Address or Location of Site Upon Which Parking Lot
is Located:
a / tj AI. $. 3,..J. S+,..e.e, t
Boy 0+0'" Beo..ch I FL 331.f35'
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Legal Description of Site Upon Which Park~ng Lot is Located:
l3oyl1fcYJ l/e:~h+.5 Add Rev;seJ Plo.,i-
So~ 70.5d. l="e.eT of' Lots I +0 4 IV\c.
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I3loc.k a
10. Intended Use(s) of Site Upon Which Parking Lot is Located:
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Get-\e..raJ off ice- /
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12.
13.
14.
15.
16.
17.
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18.
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19.
Developer or Builder:
AI / ,t:;
Architect:
AI//I
.' AI'! /I
Traffic Engineer:
,vI/;
Copy of last recorded Warranty Deed included? (check) vi
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Letter author2zing agent (if any) included? (check) AlIA
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20. Site plan and survey (2 copies each) attached? (check)
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21. Number of variances requested on the following sheets:
Note:
A separate sheet must be completed for each specific
design requirement (Sec. 5-l4l) or permit application
requirement (Sec. 5-142) to which a variance is re-
quested.
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Planning Dept. 5/82
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The undersigned-hereby petitions the Planning and Zoning Board to
grant to the petitioner a variance to Article X "Parking Lots"'"
of Chapter 5, "Building, Housing and Construction Regulations," of
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the Code.of Ordinances of the City of Boynton Beach, Florida, as it
pertains to the property described in this application, "and for the
reasons,':st~'ted.~belowl . '.
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sec~ion., :.S~bsection, and; Paragraph number of specific requirement
to which variance is requested, and exact language contained in
the Code I" ..~,:~--' ...... .
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.5' ec i';~~)lI~ ft/~~jJt.\;'ki'~ l-()tj-<)ttJ,,~ 1.;1 \
E.-uJ.. .'dr-k,';' lot ~r- 'trltt'.." slAl1 s/,().III,I.wt'-
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~le:Ji9ii"l!'&h~ ,,1/CJvlle.hJc./.t!.s .J... hcuk oj- ,);/0 ~(lt p,,'bl,e. ,1.1/4'1" ;r' rcttJ
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Nature of .,variance Requested I ~ We are requesting to retain
existing:parking without maki~g improvements. The existing
parking stalls ,and access aisle do not meet the current code
dimmensions.,in~thecity standards as follows: the 90 parking
stall~~are;8~~: 16~5' and 8' x 13' rather than the required 9' x
18' ; the 0 .or"pat-allel parking stall~ are 7.5' x 21.5' rather
than .the~j:'equired 9' x _ 25'; and the access aisle is 9 feet rather
than the required 12 feet. The existing driveway onto Boynton
Beach, Boulevard,.1s. 71 feet from the intersecting rights-of-way
lines of :Boynton Beach Boule~ard and N.W. 3~d street rather than
the requiredh180 feet. The driveway onto N.W. 3rd street is 7.5
feet from the intersecting rights-of-way lines of Boynton Beach
Boulevard:,..and N. W. 3rd street rather than the required 30 feet.
On-site storm water drains into the public rights-of-way rather
than being contained on-site as required by code.
::itatement'.-OI:-~.5peclaJ. Cond1 t1ons, Hardships, or-Other Reasons Justi-
fying the Requested Variance (attach additional sheets if necessary) :
- .Due... -I-o+t\'~'fhlSkC-L' lo.'yovT of' ~ e..)('f~~~ bv'i/di'j c:H\ 'fI..e-
_fr-opez--+y. ..t.\~. j.t'VlfO':;S'.ble.. 'io 'pC'CII\c1e.. cJ..flY cikr- t'#' str-e.e..1
_fo.r-k,~ O(): -+he.. ff"'Of~-{.,>" {.T",,~~r D(!.)CW V*..
- 'The.-' c (\ \7 : WOol tt,',s f t'"'ope.f'ly C,..a. (\ be.. ~-i'" It 2~J. ;~ c-~
2::0{\.' ~ uSe... JJ f 6 +0 j ~a."i .the . r-e2uQsi e.t-l v'tl(')a(\cp
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(I) (We) understand that this application and all papers or plans
submitted herewith become a part of the permanent r~cords of the
Planning and. Zoning Board.
(I) (We) here~y certify that the above statements and the state-
ments or showi~gs made in any papers or plans submitted herewith;
are true to the best of (my) (our) knowledge. This application
will not be accepted unless signed below.~ ~L'
signatu~e of Applicant or Agent. ~~ /l~
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Planning~'bept:;.<\S/82 ..' . ,. I II
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d;~~~.0,S;"'1'>'~ d,.,Wff.)(r..y I?..I,h-c"',-'fc:. 6\1,,1 c')tJ,Sr, '.(5.. '~/1t?;nlJC,'J,~cl')l '1t-L
,." Vcir,"():nc-i... r."'1".t?s.-k,{ n/,cv(!, I1CU'~ /Jr<2 -<!J(/~led J:....-ll1'./ly ,/~"r.>',
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SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Dates of
--9 / (Jor11d~r.ed //;;/9/
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ising for Public Hearing: /. I
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Hearin be ore Planning and Zoning Board:
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Date Received by Planning Dept.: ~--
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Date Reviewed by Technical Review Board:
Date of
AC,t:lon:
Approved
Denied
Aye
Nay
. · Stipulations:
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Planning Dept. 5/82
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mlNj(GiIIr~~mI~JIt~~ [HEJe'~'~jfl~lEN1r \
. ParJ<in q Lot "5 peclf'lcaflOlis!M:.t .'~ ~. \ \
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.. ,,:,:*::~~~~~age
The '., dr,~J.~,",age.'i ~~:~: sy~.tem shE
acco~,mol~at~~;,~~~:Yf~r5t hour of ,.
three year~~,to,r:-,mF~p 'site. In Boyntc
Be~ch .thl,S '.- 6~'~~Vr,~e . ~ assumed to t
2.5 ' in~he(~!._ or~!r~in\.i.n,~.~the first hou
Draln~g~ ;c~~.c~1.;ttatll?n~'~: ~upportlng tJ.
design ;1. shaUt:~~, .... be'~.. . supplied . ar
approved!~i;~~b,i~:;;Ythe~,fr.' City" Enginef
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Beach County approv~d shell or lime b~f9f~:1;~ ~erl!1.n;.~;~!'~~~su~~... '.
rock .on a :compacted sub-grade. The . c,: .\, rfl~'..~...i":~:;~;>!~"~ .
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: rock.. shall,., be ..~,compacted " to . 9BX._ D.f... .. Stor;m. d~.~ln~g~:I~q~tl~~i. basins shall t
maximum dry density as determined Iocat.~,d ~ ~.~n:'.~,.'ga:-~8.8y~,i; swale locatlor
by AASHO T-IBO. The, shell rock shall (see liapP;~n.t!I1l~i;(ll~::'NF'!"" catch baslr
have. a retaining of 501. when using shall'~~"" "p,~,~~,~,a\;:l.l.n" ipayed areE
a number four sieve and shall have . wftho~~ \i~h~:;'lL~PrP'-:-~Ory(~J . . of ,. ~he Clt
a minimum calcium carbonate content Eng~ne~~l.:l'i -::iJ~eY:.;:;~~ax!~um . storaf
of 40X. The shell rock shall aIsocapacity<~,~~ }5o.~t:~:t)5h~H~'~e . considerf
have a minimum modified proctor of at *,the rate1,(Jf.~;.biie~Jlnch of water fc
120 Ibs. If lime rock is used. it shall' each six (S)iinches'~ of' soil above tl-/
'meet the requirements of the water' ta~le. ,'~.. Drainage calculatloi~
current D.O:r. specifications for Road shall be re'qiil~e'd);"l.n1:,iill: instances.
and . Bridge Construction. The . "" ,. .. l' : _:: :t~:';;'.i t;;i'..
compacted base shall be given a IThe'~."I'idrf!lli~~ge.~;;:j"~~'~t.:ulatiC?n5 . s.hc
prime . coat al1d one inch, of fol1ow.t.th~J: .p,t;'oce~~r"~l" set forth t
compacted type II asphalt. The .the,Sol.lth,;, rlor\i~a:i.;~~te~ '.Managemel
cons~r.uctlon proce~ure shall comply :DIstr:ip~, in'..~7M~1?~9.em~nt and Stora~
with the Florida D.O.T. Standard of . . Surface r ,.,;':~+ Waters PERMI
Specifications f.or. Road. and Bridge .INFORMATIQ,N':,:,: M~NtjAL' ..: VOLUME IV
Construction. .. Percolation"'" . .;;;"~data, Chydraul
. :. ': conductivity. test.s);t:shall be provide
Other acceptable types. of Either the "u5ii81~i:Conditlon Test", (
.constructlon . that may be approv,ed the "FalUl!g-;:/H~acf:;';test" as definE
by ,the City Eng!neer are as ~ollows: by Manu~!.JYtC?,.I;':.1~e;f,Y.> ~~~~l. be used.
Portland Cement Concrete.
Paving blocks. .
and
StabJli:zed Sod.
(.u p~"#llftt7d by ummg cod~)
Dimensions
t' "1..-.;;
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Construction
All plans , shall show finished
elevations in feet and hundredths:
they also 'shall contain catch basin
and drain field details and design
criteria. See Ilppendix. Il .
The _ standard . construction consists.
of six. (6) inches of compacted. Palm
The. parking lot stall dimensions an~
aisle widths are provided here In
Ilppendi:x B. Addltiona~ information
providing design- .and. lag-out
drawings will be found In Appendix
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f ,n)G~rp.i~g
: The .baslc~, ~Jandscape protectir
~cur~lngrl !5~~Il ~.~Jeflu:8;rr;: or exceed ~t
. City i.. ,st.a.nd~rd .: ")'fl~ '....,. ~ho~n.. on Clt
~Engine<eri;~g{.:Dra~lrig :.,.No.: A-~6030 (
:1/2"" X61~ x .B.'~).: of i 2500 p.s.i. concret
. with' .: S ".':. htche5~/:.being .. above. tr
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park.l~g :.:1.0.;. 's~~~~.c~~.~'~~
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t:itll ~f :Bvl1Uh1TI iBtJCll
.ENGlit~mmm.l!l~~ ID:.~l?l(i~~1!lvllmNl! I,
.. :'.:~._~_'_~ ~ ~a~~~nQ~~~~t r,~.e~c~f.!~~!.!-~~~~~ ' .____~__,___
. Appe,~dix B (3 of l-f)
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A . B.
O. cW
30., ~
. 45. 9.0'
60. 9.0'
90. 9.0'
A ~ Angle
B = Stall widtb
C = Stall Jenitb
D = Curb length per car
E= Projection of stall lengtb
. F= Aisle '\IIoidtb
G = Wall to wall module widtb
H = O...erlap center to overlap center module widtb
Parkini Stalls on One Side of.- Aisle and
One-\Vay Traffi~ In Aisle
CD. E .F
25.0' 25.0' 9.0' @V
18.0'. 18.0'. 16.8'.. 12.<Y..
1.0' 12.7' 19.1' 14.4'
18.0' 10.4' 20.1' 19.8'
18.0' 9.0' 18.0' 27.0'
G
21.0'
28.8'.
33.5'
39.9' .'
. 45.0'
t
H
21.0'
. 24.9'
3M'
37.7'
45.0'
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Note: Diagram is
not to scale
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WA....ANTY DEED
,,,..0'" CO.RPORATIONI
JUN-09-1987 02:28pm 87-"167840'-".
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..A"'GO "0"'" aa
This litarranty lleed Modt> and t>Xt>cult>d ,he .)~"!l day 0/
May
A. D. 19 87 by
SUN INVESTMENTS OF BOYNTON BEACH, INC.
a corporation existing under Ihe law, 0/ Florida
business at 332 Boynton Beach Blvd., Boynton Beach,
herelna/ler called the granlor. to.
Michael H. Agnello and Angelo A. Agnello, As Tenants In Common
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. and having u, principal place 0/
Florida 33435
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who,e pos'oJJrce address I, 4012 Shelldrake Lane, Boynton. Beach, FL 33436
. herelna/ter called the grantee:
(Whenver uMd herein Ihe lerml ",tan lor" Ind "rrranl"" Include III the partl'l to thll lnitrvm.nt lAd
tlM hein. 1'lIal npr.Hnta!iV" Ind IIlI,nl o( Individuals, Ind the I\I~ Ind lUll,. 01 corporatio.)
Uitnesselh: ThaI Ihe gran lor. for and In consIderation 0/ the ,um of $ 10.00 and olher
valuable conslderaUons. recelpl whereof is hereby acknowledged, by these pre,enls doe, granl. bargain. un.
alien. remise, relecue. conve)' and confirm unlo Ihe gronlee, all ,hat cerIa In land ,Uuate In Palm Beach
County. Florida; vl:::
Lots 1, 2, 3 and 4, Block 2 of Boynton Heights, according to the Plat
thereof on file in the office of the Clerk of the Circuit Court, in and
for Palm Beach County, Florida, recorded in Plat Book 10, Page 64, Public
Records.of Palm Beach County, Florida, less the ~orth 10 feet thereof for
road 'right-of-way as recorded in Official Record Book 1305, Page 158.
Subject to reservations, restrictions and easements of record and road
right~of-way.
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87-167840
Con 181,000.00 Doc 905.00
JOHN B DUNKLE,CLERK - PB COUNTY, FL
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Together wuh all the lenements, heredUaments and appurtenance. thereto belonging or In an)'.
wlle appertaining.
To J{ave and to Ilold, the '0 me In fee simple forever.
Bod the grantor hereby covenants wuh .ald granlee that U is lawfully seized 0/ laid (qnd In lee
.lmpl4r: that If has good rlgl" and lawful aUlhorlly to lell and convey laid land: thaI If hereby fully WClT-
ranis the tlfle to laid land and will de/and the lame agaln!1 the lawful claims of all persons whomsoever:
and that laid land I, free 0/ all encumbrance, except taxes accruing subsequent to
. .>:Dece~er. 31, 1986.
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(CC?". MT~ SEAL) . In ltiitness 'Whereof the grantor has cawed the,e pre,ent. 10
..:::.,.".. be executed In Ifs name, and U, corporate aeal to be hereunto aJltxed. liy If.
....:: . ,.' ....... proper olllcers Ihereunto duly aulhorl:ecl. the day and )'ear fil'II above wriUen,
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.. :. )\TrE., T :....................... .............. ............................... SUN INVESTMENTS OF BOYNTON BEACH, INC.
.. . ROBERT F LL, Sectttary ..........................................................................................
Signed, leale d d red In ,he pre,ence of:
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BY..~~._..._~~;.._
STATE OF FLORIDA
COUNTY OF P~ BEACH
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I HEREBY CERTIFY ,hal un Ihi, day, bel"" a:e, aD o!faeer duly IUlhorlaw hI t"~ Stat, and County If""sald to talte acILnOWIed,III"",
~no""lIy Ippcaud
ROBERT FERRELL
_II known 10 me 10 be Ih. P,.,idenl Ind Secretary nlpcctlvcly 01 the ~ttO~ n'a.med .. rnntor
.' 'In the fore,oin, de.d. and ,ha. Ih.y H"nlly achow..d,ed excculil)J the sam. in the preHnce 01 two Iubscribinrr whneiic" lre~ly. I.d volunlarily
under lulhority duly vell.d In Ihem by said corporalion Ind ,hll Ihe seal Imud ,herelo II the trveco,p..ral~ ~al ol'llIid corpOration:
WITNESS my kand Ind ollieial ....1 in Ih. Cou.nty and Stal. lall aforesaid Ihls":>C) d;ay 01. " May ..:. .. :. A. D~ 19 87
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THOMAS J. WOOLLEY, JR.
Post Office Drawer JJ
Boynton Beach, FL 33425
Tl1is hu:mmenl prpared hy:
Address
MOTlRY PU8LIC STATE CF FLORIDA
MY COIIM1S$10N UP. MAy..tJ.1Va~
eONo~o THR~ ~~.{R~~ I"', ~~t
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN. that the Planning & Zoning Board of the
CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:30 P.M. on
Tuesday, February 12, 1991, at City Hall Commission Chambers, 100
East Boynton Beach Boulevard, Boynton Beach, to consider an
application for four parking lot variances on the following
described property:
Applicant:
Michael H. and Angelo A. Agnello
OWner:
Same as above
Legal
Description:
Lots 1, 2, 3 and 4, Block 2 of Boynton
Heights, according to the Plat thereof
on file in the office of the Clerk of
the Circuit Court, in and for Palm Beach
County, Florida, recorded in Plat Book
10, Page 64, Public Records of Palm
Beach County, Florida, less the North 10
feet thereof for road right-of-way as
recorded in Official Record Book 1305,
Page 158. Subject to reservations,
restrictions and easements of record and
road right-of-way.
Location:
214 N. W. 3rd Street and 332 W. Boynton
Beach Boulevard (Southeast corner of W.
Boynton Beach Boulevard and N. W. 3rd
Street)
Variances
Requested:
(1) ARTICLE X - PARKING LOTS, Section
5-142(i)(2) Parking Lot Layout. Each
parking lot or parking stall shall have
sufficient access from a street, alley,
or other public or private way. In no
instance, shall parking lots be designed
to allow vehicles to back out into any
public alley or road rights-of-way or
segments of private streets which
function as local or collector streets.
.
(2) ARTICLE X - PARKING LOTS, Section
5-142(i)(1) Parking Lot Layout. Parking
lots shall be designed to meet or exceed
the dimensional requirements for stalls,
driveways, and access aisles as provided
for in the City standards.
(3) ARTICLE X - PARKING LOTS, Section
5-142 Required Improvements, (f)
Drainage. Storm water shall be
contained on site. Containment capacity
shall be designated for a minimum of 2.5
inches of rainfall in one hour.
Drainage structures and French drains
shall comply with minimum City standards
established by the City Engineer. For
impervious areas exceeding twenty-five
thousand (25,000) square feet, the
design of the parking lot and facilities
shall be done by an engineer registered
in the State of Florida, and the plans
submitted shall be sealed. Maximum
storage capacity of soil shall be
considered at the rate of one (1) inch
of water for each six (6) inches of soil
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above the water table. Drainage
calculations are required in all
instances. The hydraulic conductivity
of soil shall be determined with tests
made at the site using test procedures
recommended by the South Florida Water
Management District or other procedures
which have been approved by the City
Engineer.
(4) ARTICLE X - PARKING LOTS, Section
5-142(h)(3) Driveway. No parking lot
driveway may be constructed closer than
thirty (30) feet from the intersection
of the right-of-way lines along local
streets and one hundred eighty (180)
feet along streets of a higher
classification as shown on the City or
County thoroughfare plans.
Nature of
Variance
Requested:
To retain existing parking area layout,
drainage, and driveways without having
to meet current standards.
Use:
Conversion of existing residence at 214
N. W. 3rd Street to an office building.
All interested parties are notified to appear at said hearing in
person or by an attorney and be heard. Any person who decides to
appeal any decision of the Planning & Zoning Board 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.
SUZANNE M. KRUSE, CITY CLERK
CITY OF BOYNTON BEACH
PUBLISH: THE BOYNTON BEACH NEWS
DATES: MONDAY, JANUARY 28, 1991 AND,
MONDAY, FEBRUARY 4, 1991
,.
CC: CITY MANAGER
CITY COMMISSION
CITY ATTORNEY
APPLICANT FILE
PROOF OF PUBLICATION FILE
THE BOYNTON BEACH NEWS FILE
MICHAEL H. & ANGEOL A. AGNELLO, OWNER/APPLICANTS
PRESS BOX
CITY PLANNER
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LOCAT\ON MAP
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AGNELLO BUILDING
214 N.W. "3RD STREET
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AGNELLO BUILDING - 214 N.W. 3rd STREET
PARKING LOT VARIANCE (4)
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PLANNING DEPARTMENT MEMORANDUM NO. 91-023
THRU:
Chairman and Members
planning and Zoning Board
~L~~ Gd-AP
cnrIStbpher cutro, A.I.C.P.
Planning Director
TOj
FROM:
Tambri J. Heyden
Assistant City Planner
DATE:
February 5, 1991
.
Agnello Building, 214 N.W. 3rd street - File No. 569
(4) Parking lot variances - driveway distance, backing
into right-of-way, drainage and parking lot layout
Section 5-145(c)(4) of the Code of Ordinances requires that when
a variance to Section 5, Article X, Parking Lots is requested,
the Technical Review Board must forward to the planning and
Zoning Board a recommendation, and that the recommendation
forwarded is to be made part of the public hearing proceedings.
To that end, this memorandum is forwarded, consistent with
Section 5-145(c)(4).
SUBJECT:
Michael H. and Angelo Agnello, applicants, are requesting
variances to sections 5-142(i)(2) "Parking Lot Layout" - City
standards, 5-142(i)(1) "parking Lot Layout" - backing out into a
right-of-way, 5-142(f) "Drainage" and 5-142(h)(3) "Driveway".
The applicants are the owners of the parcel located at the
southeast corner of Boynton Beach Boulevard and N.W. 3rd street.
On this parcel there are two existing buildings as shown on the
attached site plan. Building "A", better known as 214 N.W. 3rd
street, is an existing residential building which the owners wish
to convert to a commercial use. Building "B", better known as
332 Boynton Beach Boulevard, is an existing commercial building.
conversion of the residential building to a commercial use is a
change in occupancy which requires that a parking lot, meeting
current standards, be provided. The owners wish to retain the
existing parking area layout, drainage and driveways as shown on
the attached site plan, without making any improvements, hence
the need for the variances specified. For an explanation of the
code requirements, the nature of the variances requested and the
variance justification, please refer to the attached Notice of
Public Hearing, application and notations on the site plan.
On Tuesday, J~nuary 29, 1991, the Technical Review Board (TRB)
met to review the plans and documents submitted and to formulate
a recommendation with regard to the variances requested. After
review and discussion, the TRB recommended the following with
respect to each variance requested:
Section 5-142(i)(2) "Parking Lot Layout", City standards -
The TRB unanimously recommended denial of this variance to retain
the existing parking lot layout and design. This recommendation
is based on observations of how the parking facility functions
and on alternatives to a variance which the applicant has
explored but found to be unacceptable; the alternatives are
referenced later in this report. After conducting on-site visits
of the existing parking facility, it was noted that vehicles
double park within the parking area along Boynton Beach
Boulevard. As illustrated on the site plan, this area is already
congested due to the substandard width of the access aisle and
parallel parking stalls. The Engineering Department recommends
in their attached memorandum, that in the event this variance is
approved, "No Parking" signs should be posted along the front of
the building to discourage double parking.
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,
PLANNING DEPARTMENT MEMORANDUM NO. 91-023
TO:
SUBJ:
DATE:
Chairman and Members, Planning and Zoning Board
Agnello Building - Parking Lot Variances
February 5, 1991
Section 5-142(i)(1) "parking Lot Layout" -
The TRB unanimously recommended denial of this variance, which if
granted, would allow the six parking stalls along the west side
of the buildings to back out onto N.W. 3rd Street and the parking
stall in front of the commercial building to back out onto
Boynton Beach Boulevard. As noted in the attached memoranda from
the Police and Building Departments, the parking lot layout which
exists is a safety hazard for both vehicles and pedestrians. The
Police Department recommends that, at minimum, the six parking
stalls along the west side of the buildings be replaced with
parallel parking stalls if the alternatives to variances,
referred to later in this report, are not feasible.
section 5-142(f) "Drainage" -
The TRB unanimously recommended denial of this variance which
seeks relief from the requirement to contain storm water on site.
This recommendation is based on the fact that all storm water
from the paved areas on site drains directly into the public
rights-of-way (Boynton Beach Boulevard and N.W. 3rd Street) and
furthermore, is not pretreated prior to discharge into the storm
drains. A sizable pervious area exists to the rear of the two
buildings which has not been utilized at all to attempt to
contain at least some of the storm water on site.
Section 5-142(h)(3) "Driveway" -
The TRB recommended denial of this variance to retain the
driveway onto N.W. 3rd Street which is 7.5 feet from the
intersecting rights-of-way lines of Boynton Beach Boulevard and
N.W. 3rd Street, rather than the required thirty feet, and also
the driveway onto Boy ton Beach Boulevard which is 71 feet from
the intersecting rights-of-way lines of N.W. 3rd Street and
Boynton Beach Boulevard, rather than the required 180 feet.
Based on observations made of the parking facility, the double
parking which occurs on site, exacerbates the problem with
limited stacking caused by the short distance of the driveways to
the intersections. After researching traffic accident records,
the Police Department recommends that the driveway onto N.W. 3rd
Street remain only if alternatives to the variances have been
explored and are found to be impractical.
Taking all the variances requested into consideration, the TRB
concluded that the desire to convert the residential building to
commercial use without constructing a safe and efficient parking
lot, creates a self-imposed hardship. The applicant has not
demonstrated that the variances requested are the minimum
variances needed to make possible the reasonable use of the
existing residential structure. In addition, the circumstances
stated by the applicant as justification for granting these
variances are not peculiar to this site, and if allowed to
persist in connection with an intensification of the residential
building, are potentially injurious to the neighborhood and
otherwise detrimental to the public welfare.
The Technical Review Board felt the applicant could explore other
alternatives such as the extension of the parking lot to the east
at 326 West Boynton Beach Boulevard (owned by Mr. Agnello) or the
purchase or lease of other vacant property in the area for remote
parking.
It should be noted the petitioner claims that the lease for 326
West Boynton Beach Boulevard does not allow him to extend the
parking lot on the property. Mr. Agnello was asked to provide
this lease at the TRB meeting. As of February 4, 1991, he (~
not submitted this document to staff for review. ~
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PLANNING DEPARTMENT MEMORANDUM NO. 91-023
TO:
SUBJ:
DATE:
chairman and Members, Planning and Zoning Board
Agnello Building - Parking Lot Variances
February 5, 1991
Based on the recommendation of the TRB on these items, and the
existence of alternatives available to the applicant, the
Planning Department recommends that this petition be denied by
the Planning and Zoning Board.
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Tambri J. Hey n fr
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Attachments
A:Agne1PLV
xc: Central File
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STAFF COMMENTS
AGNELLO BUILDING - 214 N.W. 3rd STREET
PARKING LOT VARIANCE (4)
BUILDING DEPARTMENT:
See attached memorandum
ENGINEERING DEPARTMENT:
See attached memorandum
POLICE DEPARTMENT:
See attached memorandum
COMMUNITY IMPROVEMENT:
See attached memorandum
.
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BUILDING DEPARTMENT
MEMORANDUM NO. 91-39
January 31, 1991
TO: Christopher Cutro, Planning Director
THRU: Don Jaeger, Building & Zoning Director~
FROM: Michael E. Haag, Zoning & site Development Administrator
RE: TRB Comments - January 29, 1991 Meeting
PARKING LOT VARIANCE
THE AGNELLO PROPERTY
(214 N.W. 3rd street)
i
I recommend denial of all three parking lot variances. Approval
of the variances will create an unsafe site for vehicle and
pedestrian use.
I strongly recommend denial of the variances that, if approved,
would allow a handicapped parking space to be partially located
in the right-of-way and, therefore, compel the user of the space
to travel behind parked vehicles and in the right-of-way to get
to the entrance of the building.
E. Haag
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ENGINEERING DEPARTMENT MEMORANDUM NO. 91-o25CC
January 31, 1991
TO: Christopher Cutro
Director of Planning
FROM: Vincent A. Finizio
Administrative Coordinator of Engineering
RE: TECHNICAL REVIEW BOARD COMMENTS
AGNELLO VARIANCE REQUESTS
In accordance with the City of Boynton Beach Code of Ordinances, Chapter 19
Section 19-17, Plan Required, including Chapter 5, Article X, Boynton Beach
Parking Lot Regulations, the applicant for the above referenced project shall
submit the following information, technical data, details and plan revisions.
1. Four (4) requests for variances were made by the applicant. The Engineering
Department recommends denial of all four. Variances requested for drainage,
driveway distances, head-in parking and stall dimensions are to be denied.
As an option, the Engineering Department for the City of Boynton Beach
recommends the applicant consider parking lot construction to the east and
behind the single family residential home that is to be converted to an
office. This can be accomplished by several methods. The methods are as
follows:
a) Explore access south of the existing building by moving the water meter,
removing the overhang on the south side of the building and relocation
of the landscaping, including replacing that buffer with a solid fence on.
the south side of the property to screen the adjacent residential property.
b) Another option the applicant has is that the applicant should explore
off-street remote parking adjacent to and to the west of the site.
c) There was no variance request for lighting. Because there is a change in
the intensity and use of the second building on this site, it is the opinion
of the Engineering Department that the full site plan review should occur
which would require drainage and lighting for both buildings (the entire site),
in accordance with the City of Boynton Beach Code of Ordinances, specifically
Section 5-142(a) Required Lighting and Section 5-l42(f) Required Drainage.
.
Note: Attached herein and made a part hereof is Engineering Department memorandum,
dated January 28, 1991, transmitted to Christopher Cutro, Director of Planning
regarding construction within public rights-of-way (paving of City swales, without
benefit of permits and inspections, including unauthorized work in the form of
striping and paving within this facility, that commenced after final sign-off of
the initial sealcoating and restriping permit). This action constituted a violation
of the Standard Building Code for exceeding the scope of permit and exceeding the
scope of the permit's conditions.
END OF TECHNICAL REVIEW BOARD COMMENTS
~o.~
Vincent A. Finizio QJ\
Administrative Coordinator of Engineering
~~~-
City Engineer
w. Richard Staudinger
Gee & Jenson
Engineers, Architects, Planners, Inc.
WRS:WRS/ck
cc: J. Scott Miller, City Manager
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ENGINEERING DEPARTMENT MEMORANDUM
January 28, 1991
TO: Christopher Cutro
Director of Planning
FROM: Vincent A. Finizio
Aaministrative Coordinator of Engineering
RE: VARIANCE APPLICATION FOR MICHAEL H. AGNELLO
In response to our recent discussions relative to the above referenced subject
matter and ensuing discussions regarding Mr. Agnello's appoint~ent with
Carrie A. Parker, Assistant City ~lanager, please be advised of the following:
l. Mr. Agnello utilized a contractor, A & J Asphalt, 1402 N. Federal Hwy.,
Delray Beach, Florida 33483, Telephone #276-0829 in order to obtain a City
of Boynton Beach permit for sealcoating and restriping the subject facility.
2. The permit obtained by A & J Asphalt for Mr. Michael Agnello did not contain
under conditions of permit, City authorization to pave.
3. A & J Asphalt paved over a public rights-of-way grassed swale without benefit
of permits from the City of Boynton Beach Engineering Department. This pave-
ment is indicated upon his submitted Technical Review Board set as two parallel
parking stalls.
4. A & J Asphalt placed additional striping and the aforementioned paving after
the Engineering Department's final inspection and approval of the sealcoating
and restriping program at this site. This action involved the additional
striping of a parking stall that backs out into the public rights-of-way of
Boynton Beach Boulevard (State Road #804) constituting a violation of Chapter 5,
A=ticle X, Boynton Beach Parking Lot Regulations, Section 5-l42(i),(2), Parking
Lot Layout.
..
Based upon my own review of this project during construction and after construction,
I have concluded that work commenced after the final inspection was signed off in
violation of Standard Building Code and City of Boynton Beach for deviating from
the conditions of permit. Although the permit issued by the City of Boynton Beach,
Building Department specifies the type of permit as a Paving permit, the application
submitted by A & J Asphalt clearly states that the description of work is for
sealcoating and striping only. Upon receiving direction from the City ~lan3ger's
office in this regard, I will constitute Code Enforcement action against Mr. Agnello
and A & J Asphalt for paving a public rights-of-way without benefit of permitted
inspections and for exceeding the scope and conditions of the subject permit.
This document will be attached to and made a part of the Engineeing Department's
Technical Review Board comments for Mr. Agnello's recent variance and plans
subm::.ttal.
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Vincent A. Finizio ~
VAF/ck
cc: Carrie A. Parker, Assistant City Manager
J.Scott Miller, City Manager
Taobri Heyden, Senior City Planner
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MEMORANDUM
Police #91-011
TO:
Tambri Heyden
FROM:
Lt. Dale S. Hammack
DATE:
February 1, 1991
RE:
Agnello Building
As per our discussion at the Technical Review Board meeting of 29
January 1991, I am recommending the following:
1. Allow parallel parking only along N.W. 3rd Street if parking
to the rear of the residence is not feasible. (Public
Safety)
2. Eliminate the back up space in the front of the building that
backs onto Boynton Beach Blvd. (Public Safety)
3. Parking lot lighting to be pole mount, photocell activated,
perimeter lighting. (City Ord. 5-142A)
4. Allow curb cut along N.W. Jrd St. only if parking to the rear
is not feasible. If parking to the rear is feasible, this
curb cut should be closed. (Public Safety)
rflf)d./~
Lt. Dale S. Hammack
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COMMUNITY IMPROVEMENT DEPARTMENT
MEMORANDUM
DATE:
February 1, 1991
FROM:
Tarnbri J. Heyden, Planning Department
Johnnetta Broomfield, Director~
TRB Comments: Agnello Building/Parking Lot Variance
TO:
RE:
Please be advised of the following relating to the development of
the above subject.
Communitv Redevelopment Plan
.Recommended Land Use (P.V-17)
The segment west of Seacrest Boulevard and nearest I-95
would be office-oriented...C-2 zoning west of' Seacrest
Boulevard should be changed to C-1, office and professional
commercial district...changing zoning from C-2 to C-1 also
will help prevent intrusion in the area by undesirable free
standing and small strip retail facilities.
.Depth and Height of commercial Development (P.V - 20-21)
...The City should continue commercial zoning to a depth of
one-half block along those sections of Boynton Beach
Boulevard having sound residential development along the
nearest parallel street, particularly on the south side of
the Boulevard between I-95 and Seacrest Blvd. The long
range objective...should be to allow full block depth
development through rezoning as demand occurs based on the
following criteria:
.The development proposed will require a minimum of one
(1) acre site.
.The site plan will make adequate provision for buffer-
ing to include prohibition of access/egress driveways
and installation of suitable screening material such
as solid wall and/or dense landscaping.
.No signage will be visible from residential areas... .
Bovnton Beach Boulevard urban Desiqn Guidelines
.Proposed character - District #6 - Rehabilitation/New
Development District (P.13-15)
To the south, parking has been relocated from the front of
existing commercial to the rear of the buildings with access
off side streets. This allows for the placement of the 20'
greenbelt... .
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Page 2 - Tambri J. Heyden - 2/1/91
TRB Comments: Agnello Building
The residential structure named in the request by the owner
is suggested in the guidelines for removal/demolition to
allow for greenbelt construction on the south side of the
Boulevard and to allow for parking in the rear of the
commercial structure.
Bovnton Beach Boulevard Beautification Pro;ect
In an effort to proceed with and initiate some development on the
Boulevard, the City commission has approved the implementation of
the Boynton Beach Boulevard Beautification Project. In addition
to the construction and landscaping of medians and decorative
sidewalk treatments, the project calls for working with property
owners to install landscaping on corner lots that intersect with
Boynton Beach Boulevard.
The property adj acent to this site (which also has the same
owner) intersects with Boynton Beach Boulevard and as such, the
city will work with the property owner for support of the project
and maintenance after the landscaping has been installed.
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MEMORANDUM No. 91-106
FROM:
May 3, 1991
J. Scott Miller, City Manager ~
James A. Cherof, City Attorney
TO:
RE:
Licensing of City Road Right-of-Way
. .
This office has been requested to prepare a license
agreement between the City and Mr. Agnello for use of a
portion of the City's road right-of-way along the eastern
section of Northwest Third Street adjoining Mr. Agnello's
property located at 214 Northwest Third Street. In light of
the fact that the City has the legal authority to regulate
parking on local roads pursuant to Section 316.008, Florida
Statutes, we have prepared and attached a proposed License
Agreement for said purpose should the City Commission as a
policy matter, determine that it wishes to license City road
right-of-way.
The facts in this case are as follows:
Mr. Agnello owns a commercial building located at the
southeast corner of Boynton Beach Boulevard and Northwest
Third Street known as 332 Boynton Beach Boulevard which is
an existing commercial use building. Mr. Agnello also owns
the adjoining building on Northwest Third Street known as
214 Northwest Third Street which is presently a
non-conforming residential use building. Mr. Agnello
applied to the City for a change in use of the residential
building to commercial which request was subsequently denied
by the City Commission. As a result of a TRB meeting
concerning this application, City Engineer Richard
Staudinger made a visual inspection of the property and
discovered that Mr. Agnello had paved and created two
parallel parking spaces on City road right-of-way along the
eastern pr~perty at 214 Northwest Third Street. Other
violations were also discovered concerning the adjoining
commercial property which are not relevant to the issue at
hand.
On March 21, 1991, the city issued Notice of Violation
No. 91-20000879 to Mr. Agnello concerning the two parallel
parking spaces on the City road right-of-way. City staff
RECEIVED
MAY 3
PLANNING DEPT.@
fl. () S 61'
Memorandum - 91-106
May 3, 1991
Page 2
advised Mr. Agnello that the preferred course of action
would be for him to remove the pavement on the City road
right-of-way and to return it to a green swale area.
Instead, Mr. Agnello presented the City Engineer with a
proposed license agreement between the City and him to
permit the continued use of the City's road right-of-way for
the two parallel parking spaces. That proposed agreement
was forwarded to our office. Upon review of the agreement,
it was found not to be acceptable. Therefore, I prepared
the attached agreement to better protect the interests of
the City if the City Commission chooses to license the City
right-of-way to Mr. Agnello.
The above-mentioned Code violation is currently
scheduled for the Code Board meeting on Wednesday, May 15,
1991. I recommend that the matter be tabled until the
following month so that the City Commission may consider
whether or not it desires, as a policy matter, to license
the City road right-of-way to Mr. Agnello.
Should you have any questions concerning this matter,
please advise.
cc: Don Jaeger, Building & Zoning Official
Richard Staudinger, City Engineer
Vince Finizio, Adm. Coordinator of Engineering
Chris Cutro, Planning Director
@
PLV ~6r
I
LICENSE AGREEMENT
THIS IS AN AGREEMENT, made this
1991, by and between:
CITY OF BOYNTON BEACH, a municipal corporation
organized and existing under the laws of the State of
Florida, hereinafter referred to as the "CITY",
day of
,
and
MICHAEL H. and ANGELO A. AGNELLO, hereinafter referred
to as the "LICENSEE".
In consideration of the mutual promises and covenants
contained in this Agreement and other valuable consideration
the receipt and adequacy of which is hereby acknowledged and
agreed between the parties as follows:
1. DESCRIPTION OF PREMISES:
CITY hereby grants to LICENSEE, the right, license and
privilege of occupying and maintaining certain CITY owned
premises and any improvements thereon 10cated on the
property legally described in Exhibit "A" attached hereto
and incorporated herein (hereinafter referred to as the
"Premises").
2. TERM:
The term of this License Agreement shall run for eleven
months from the date of execution unless terminated prior to
said date as provided for hereinbelow, or extended by
written mutual agreement by the parties hereto.
3. COMPENSATION:
No paYment shall be made by the LICENSEE for the
privileges granted herein.
4. USE OF PREMISES:
LICENSEE shall use and occupy the Premises only for
parallel parking of a maximum of two (2) vehicles. The
Premises shall not be used for any other purpose whatsoever
without written consent of the CITY. LICENSE covenants that
it will not, without written consent of the CITY, permit the
Premises to be used or occupied by any person, firm, entity
or corporation other than LICENSEE, its agents, employees or
invitees. LICENSEE further covenants that no nuisance or
hazardous trade or occupation shall be permitted or carried
on in or upon said Premises, no act shall be permitted and
nothing shall be kept in or about said Premises which will
increase the risk of any hazard, fire or catastrophe, and no
waste shall be permitted or committed upon or any damage
done to said Premises. LICENSEE shall not permit the
licensed Premises to be used or occupied in any manner which
will violate any laws or regulations of any governmental
authority.
5. ASSIGNMENT:
LICENSEE shall have no authority to assign any portion
of the Premises during any term of this License Agreement.
Should LICENSEE attempt to assign this License, then the
License shal1 be terminated forthwith, without prior notice
to LICENSEE.
~
fLU Sf; r
6. DAMAGE TO PREMISES:
LICENSEE shall give the CITY, or its agent, prompt
written notice by certified mail of any occurrence, incident
or accident occurring on the licensed Premises.
7. INSPECTION:
The CITY, its agents or authorized employee may enter
upon the Premises at all reasonable times and hours, to
examine same to determine if LICENSE is properly maintaining
the Premises according to this License Agreement.
8. INDEMNIFICATION:
LICENSEE shall indemnify, defend and hold harmless the
CITY, its officers, agents and employees from and against
any and all claims, suit actions, damages, liabilities,
expenditures, or causes of action of any kind arising from
this License Agreement and resul ting or accruing from any
negligent act, omission or error of LICENSEE, resulting in
or relating to, injuries to body, life, limb, or property
sustained in, about or upon the licensed Premises or
improvement thereto, or arising from the use of the
Premises.
LICENSEE shall defend, at its sole cost and expense,
any legal action, claim, or proceeding instituted by any
person against the CITY as a result of any claim, suit or
cause of action accruing from this License Agreement, for
injuries to body, life, limb, or property as set forth above.
LICENSEE shall save the CITY harmless from and against
all judgment, orders, decrees, attorneys' fees, costs,
expenses and liabilities incurred in and about any such
claim investigation or defense thereof, which may be
entered, incurred or assessed as a result of the foregoing.
,
The covenants and representations relating to this
indemnification provision shall survive the term of this
Agreement and continue in full force and effect as
LICENSEE'S responsibility to indemnify the CITY, its
officers, servants, agents and employees for occurrences
occurring during. the term of this Agreement.
The execution of this Agreement by the LICENSEE shall
obligate the LICENSEE to comply with the foregoing
indemnification provision; however, the collateral
obligation of insuring this indemnity must be satisfied as
set forth in Section 9 below.
. The parties recognize that various provisions of this
Agreement, including but not necessarily limited to this
section~ provide for indemnification by the LICENSEE and
that Florida Statutes, Section 725.06 requires a specific
consideration be given therefor. The parties therefore
agree that the sum of TEN AND 00/100 DOLLARS ($10.00)
receipt of which is hereby acknowledged, and the mutual
considerations and obligations contained in this Agreement
are the specific consideration for such indemnities, and the
providing of such indemnities is deemed to be a part of the
specifications with respect to this Agreement.
9. INSURANCE:
Without limiting any of the other obligations or
liabilities of LICENSEE, LICENSEE shall provide, pay for and
maintain in force the insurance coverages set forth in this
Q
(11 (/ .j-6?
section, at all times for the services to be
this License Agreement, as will assure
protection contained din the foregoing
Provision undertaken by the LICENSEE.
Comprehensive General Liability with minimum limits of
One Million Dollars ($1,000,000) per occurrence combined
single limit for Bodily Injury Liability and Property Damage
Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive
General Liability policy, without restrictive endorsements,
as filed by the Insurance Services Office and must include:
performed under
the CITY the
indemnification
A. Premises and/or Operations.
B. CITY and the City Commissioners are to be included
as "Additional Insureds" with respect to liability
arising out of operations performed for CITY by or
on behalf of LICENSEE or acts or omissions of CITY
in connection with general supervision of such
operation.
C. Notice of Cancellation and/or Restriction. The
policy(s) shall be 'endorsed to provide CITY with
thirty (30) days notice of cancellation and/or
restriction.
LICENSEE sha11 provide to CITY a certified copy of all
insurance policies required by this Article showing that
CITY and the City Commissioners have been named as
additional insureds under such policies or in the
alternative a certificate evidencing that the required
additional endorsement. has been obtained under such policies
at the time of execution of this Agreement by LICENSEE.
10. MAINTENANCE, REPAIR AND ALTERATION OF LICENSED
PREMISES:
It shall be the responsibility of LICENSEE to keep the
licensed Premises clean, sanitary and free from trash and
debris. The upkeep and maintenance of all area herein
licensed by CITY to LICENSES shall be borne by LICENSEE, and
LICENSEE agrees to maintain the licensed Premises and any
improvements thereon in accordance with the terms and
condi tions of this License Agreement and consistent with
prudent and well-reasoned maintenance procedures and
techniques. LICENSEE is expressly prohibited from
commencing any alterations of the Premises without the prior
written approval of the CITY.
11. AMENDMENTS:
No modification, amendment or alteration of the terms
or conditions contained herein shall be effective unless
contained in a written document executed by the parties
hereto, with the same formality an of equal dignity
herewith.
12. SURRENDER UPON TERMINATION:
LICENSES shall peaceably surrender and deliver the
licensed Premises to the CITY or its agents immediately upon
expiration of the License term.
LICENSEE shall remove from the licensed Premises, at
LICENSEE'S own expense, any fixtures or improvements placed
upon the licensed Premises. Upon completion of said
removal, the condition of the Premises shall be such that it
is safe and not a hazard.
@
fld S"h7
13. WAIVER:
Failure of the CITY to insist upon strict performance
of any covenant or condition of this License, or to exercise
any right herein contained, shall not be construed as a
waiver or relinquishment for the future of any such
covenant, condition or right; but the same shall remain in
full force and effect. None of the conditions, covenants or
provisions of this License Agreement shall be waived or
modified except by the parties hereto in writing.
14. TERMINATION:
This License Agreement may be terminated by CITY or
LICENSEE during the term hereof upon thirty (30) days
written notice to the other of its desire to terminate this
License Agreement.
15. NOTICES:
Any notice or demand, which under the terms of this
License Agreement or by any statute or ordinance, given or
made by a party hereto shall be in writing and shall be
given by certified or registered mail sent to the other
party at the address set forth below, or to such other
address as such party may from time to time designate by
notice.
Notice to the CITY shall be addressed to:
City of Boynton Beach
Office of the City Manager
P.O. Box 310
Boynton Beach, FL 33425
Notice to the LICENSEE shall be addressed to:
Michael H. & Angelo A. Agnello
4012 Shellsrake Lane
Boynton Beach, FL 33436
16. ENTIRE AGREEMENT:
.
This License Agreement embodies the entire agreement
between the parties. It may not be modified or terminated
except as provided herein. If any provision herein is
valid, it shall be considered deleted herefrom, and shall
not invalidate the remaining provisions.
17. LAWS AND ORDINANCES:
LICENSEE shall observe all laws and ordinances of the
county, state and federal agencies directly relating to the
operation of the Premises.
18. COPIES OF LICENSE AGREEMENT:
This License Agreement shall be executed in two (2)
original copies, each copy of which, bearing original
signatures, is to have the force and effect of an original
document.
19. NONRECORDATION OF AGREEMENT:
This License Agreement shal1 not be recorded in the
Public Records of Palm Beach County, Florida.
IN WITNESS OF THE FOREGOING, the parties have set their
hand and seals the day and year first above written.
~
L
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CITY OF BOYNTON BEACH
BY:
Mayor
ATTEST:
City Clerk
(Seal)
STATE OF FLORIDA
COUNTY OF PALM BEACH)
BEFORE ME, an officer duly authorized by law to
administer oaths and take acknowledgements, personally
appeared MICHAEL H. AGNELLO and ANGELO A. AGNELLO,
respectively and who being duly sworn, acknowledged that
they executed the foregoing License Agreement.
WITNESS my hand and official seal this
, 1991.
day of
Notary Public
My Commission. Expires:
LIC.AGR
YT-5/2/91
@
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PLANNING DEPARTMENT MEMORANDUM NO. 91-044
(AGENDA MEMORANDUM)
TO: J. Scott Miller, City Manager
.:.k;:;:J~~
THRU: Christopher Cutro, Planning Director
FROM: Tarnbri J. Heyden, Assistant City Planner
DATE: February 15, 1991
SUBJECT: Agnello Building 214 N.W. 3rd Street -
Parking Lot Variances
As requested, I am forwarding the above-referenced request for
placement on the City Commission agenda for Tuesday, February 19,
1991, under Development Plans - Non-Consent Agenda.
DESCRIPTION: Request for parking lot variances to the following
Sections of Article X - Parking Lots: Section 5-142(i)(1)
"Parking Lot Layout" - City Standards, Section 5-142 (i)(2)
"Parking Lot-Layout" (backing out into a public right-of-way),
Section 5-142(f) "Drainage", and Section 5-142(h)(3) "Driveway."
This project is located at the southeast corner of Boynton Beach
Boulevard and N.W. 3rd Street.
DISPOSITION: The Planning and Zoning Board voted unanimously to
deny the above-referenced request.
~1:-.~1~' Q. flIU.f~
Tarnbri J. .Heydent~
TJH:cp
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@~
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LAW OFFICES
l)f~lll)iS I). l\f)f?I~lf~l, 1)./\.
The Concourse · Suite 202 .
2000 Palm Beach Lakes Boulevard
West Palm Beach, FL 33409
Telephone: (407) 684-2844
Facsimile: (407) 684-9370
February 12, 1991
f~U SbCj.
MEMORANDUM
TO:
James Cherof, Esq., City Attorney
.Clty of Boynton Beach ~
Dennis .P. Koehler, ESq~
P I ann I ng and Zon I ng Board Agenda Item ,.7A 1 Agne I 10
Building, .214 N.W. 3rd street - Parking Lot Variances
FROM:
SUBJECT:
I appreciate the efforts made by you and various City officials
to prov I de me with both cop I es and I nterpretat Ions of the var lous
prov I s Ions of the Boynton Beach Code of Ord I nances that I be I I eve
are at Issue In the referenced request for parking lot variances.
Hav I ng carefu I I Y rev I ewed the agenda packet supp I I ed to the
Planning and Zoning Board In anticipation of tonight's meeting, as
we I I as the City's Zon I ng Code '. Standard Bu I I ding Code and. Park I ng
Lot Regulations, I believe that the following "threshold question"
must be addressed before turning to the merits of agenda Item 7A1:
"Does (should) a proposed change In an existing
structure's use (here, from a non-conform I ng res I dent I a I
use to a conforming, permitted commercial use,. I.e.
profess I ona I of f Ices), where no structura I mod I f I cat Ions
are proposed. . tr I gger' a requ I rement that the otherw I se-
grandfathered structure's supporting accessory facl I Itles
(here, on-site parking spaces) must comply with both the
number and design requirements of the City's zoning code
and. parking lot regulations?"
Put another way:
"Is It consistent to 'grandfather' the design of an
existing non-conforming structure. but not the design of
Its existing, non-conforming parking .facl I Itles?"
We would respectfully argue that
grand fa ther one (the structure) without
(parking spaces).
It Is Inconsistent to
grandfather I ng the other
.
To be consistent, we respectfully suggest that the Planning and
Zoning Board either (a) approve the requested parking lot variances
(from the parking regulations ordinance's driveway distance, backing
Into right-of-way, drainage and parking lot layout requirements); or
(b) recast and remand this request to the City's Board of
Adjustment, to seek a variance of ~wo (2) parking spaces from the
City Zoning Code's requirement that twelve (12) parking spaces be
provided to service the existing, 3,561 square foot structure.
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FEE:-1! - . '31 19: 18 I D: J0:31 HS Ht~D GO?Et.1
TEL t~l): 305-771-4'923
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BUILDINGS, ETC.
~ 5.138
Secs. 5-126-5-135. Reserved.
ARTICLE X. PARKING LOTS.
Sec. t>.136. Short title.
This article may be referred to as the CCBoynton Beach Parking
'Lot Regulations." COrd. No. 87-28. ~ 2, 9.17.87) .
Sec. 5-137. Purpose and intcnt~
. The purpose of this article is to provide a set of regulations to
govern the design and construction of p'arking lots within the
. City. -of 'Boynton Beach~"It' is intended that these regulations
.:}(:: provide a minimum s7t of standards to be followed .whon parking.
lots are constructed In order to protect .the health, safety and
weUare 01 the publlc. Furthermore, the City of Boynton Beach
recognizes the relationship of these regulations to the. goals and
objectives of the comprehensive plan. (Ord. No. 87-28, S 2, 9-15-87)
Sec. 5-138. Scope.
These regulations shall be applicable to all parkine- lots con-
structed or reconstructed in the city. In order to clarify t.he appli-
cability of these regulations, compliance is required under any o.r
the following conditions: .
(a) When a. parking lot serves an existing building(s) where
said building(s) is' proposed to be enlarged or when an
additional building(s) is proposed to be constructed;
~ (b) When n chan e in buildin occu aney occurs as defined in
t e standard buildin~ code: ,.
"* (c) When a change in use occurs which;results in additional
arking bein re uired as noted in' section 11.H.16 of Ap-
pen IX A, Code of Ordinances: .
.EcUtor's note-Ord. No. 87-28( ~~ 1,2, adopted Sept. Hi, 1987, ropenled Art.
X. H 6.136-5.145,.conccrning parking lots, nnd enacted in lieu thoroof new
provisions pertaining to the same eubject mnlter, designnted as H 6.136-5.147.
Formerly, Art. X, was derived from Ord. No. 82.8, ~ 2, adopted March 16, 1982;
Ord. No. 83.12. ~ 1. auopted.Apr. 19, 1983; Ord. No. 85.30, ~ 1. adopted Apr. 16.
1985; and Ord. No. 86-4, ~ I, adopted March 18, 1986.
Supp. No. 46
447
.@
~:NT BY:
2-12-91 15:41
Boynton 5ch fax~
407 '68t.28H;;; 2
. . --
fL V :)1,1
)aX 0 nJmUX
rROM:
SUBJECT:
Don J~.~~r, Buildihg , Zoninq Dir.ctor
J~mOB A. Cherot, city AttornlY ~
Two Georqes Harbor Hut
Sept.~.r 10, lP90
TO:
DATE:
I ~ in recQipt 0' your mQ~O or sopttmbar 7, 1990 (Homor~ndu~ No.
YO-40e) tollow1nq my review or tno 11~U~B ra1sod by you~
Homoranctwn Anl1 your .1nlJiqht into tho l'9.1.s~,atlvehiltory o! tho
~on~QntG to. Chlpttr 5, I ooncluda as toLlows:
N e roumstances wh&t'o bo
lann1n ,0 r av~ ooncurr$nt
to ar . 10 . ~ By composing ~
pp11~~t1on tor n term or parking 'pac.~ AS calculatQd
under tho 20ninq Code, An applicant would b4 entitled to,prooeed
to the board of Adjustment for haaring (AUthority: SQotion lOB
ot Appendix A). An appliotnt vh~ compo~eG their application in
tQnOG related to the physical construotion ot park1nq and Dtoraqo
aroas within thQ city ~ould proco~d to hQarinq b~!orc tbo
t'lanning & Zoning ao&t'd. The TWo GGorqoAi Harbor Hut varianoe
111us~rat.g a o1rcu~gtanc6 that could be construed ag bein~
proper under eithGr procedure. Thia i. so bocaui~ tha roduction
the applicant souqht vas tor ~aro ~paces.
'.
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~. It,do~o noe app.a~ olQar tro~ .i~h&r tho tonin9 Codo O~
Cl".apter S t what:her it:. ""no th. int~nt: of tho COhUniilDio1'1th~t all
vAr!~nQc., ba thgy layOUt and de8igr. or mp~oifio p~rkin~ apace
nul':\bat" roqug~tg, proo()(!td botore the )\lannin9 ~md. ~oninq l5oa~.
ProoQdQnt: would 1!Il.1ggo,t c.therwiae. Xn any ovent, it, WQ,uld be B
pro}"Jllr to rCf,er .th~8 ~~\;t~r:..~o .th. C~Qieslori. vith thfr:~sifq"1taQt1on '~,.
thcit....th..'-.~o'n1ri Code and cli6...tDr.....'.~.~o...ameii~ed'"-to....~.11tifnate.
oonOu~1:'ont....juriZdletJ.oh...'Of 0 .j;hoi~:""Board8 "A'nC2-.to cUro'c't' 'a'''un1tor.tl\'',
'and .c"eluliiva'l"jijot,h6d 'tor procetsD1nq"'varian.o.o,'.", '
In c:onolue!on,' it: 1. my opinion that.~.it 1a ))J:'oper tor' "Che Two '~I
O.O~c;.1S . HetrpClr nut variance to. prooe od ""1Xttot"" '.' the ':aoa1"41 . ot ' ,
1.~just:nlent;.i ;
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MEMORANDUM
TO:
Yamile Trehy, Assistant City Attorney or
James Cherof, City Attorney
~~l. .
Chr~stopher Cutro, P ann~ng D~rector
FROM:
DATE:
February 8, 1991
RE:
Agnello Lease
Would your office please review the attached lease to determine
if the owners of the property are prevented from gaining access
to another property they own from the leased property.
The review of this lease is important to the Agnello variance
petition which will be heard by the P&Z Board on Tuesday night.
The petitioner owns three properties and wishes to intensify the
use of one of the properties by converting a house to an office.
This house has a large back yard that can only be accessed from
another property. The petitioner claims the attached lease
restricts his ability to access the house property from the other
property. Staff feels that if no limitations exist then the
petitioner should provide the needed parking in the back yard of /
house and accessing it from the leased property.
I would ask that you complete your review by the P&Z meeting on
Tuesday. If you have any questions please do not hesitate to
call me.
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1IT .e n~ .e
THIS AGREEMENT, entered into this
23rd day of
February
, 1990
,"
'.-...
,A & A; Iny,estments
4012,'Shellprake Ln. Boynton Beach, FL 33"436 '
!" nereinafter called the lessor,
'party of the first part, and....Family & Comprehensive Deni~'try and Jackie C.' Johns,
.,. I '
of the County of" Palm 'B:'each and, State' of :tlorida D.M.D
hereinafter called the lesse~ or tenant, party of the second part: :
WITNESSETH, That the said lessor does this day lease unto said lessee, nnd said lessee
does hereby hire and, take 'as tenant - - under said lessor Room - - - - or Space - - - - -
between
No. 3.26
situate in
Den t:is t
w. Boynton Beach
,Boyn ton Be.ach,
Off i c e~
Blvd. , Boynton Beach, Florida 33435
Florida, to be used and occupied by the lessee as
and for no other purposes or uses whatsoever, for
, subject and conditioned on the provisions of
1st day of March.
Februllry
, 1991
the term of .One Y~ar.
clause ten of this lease beginning the
19 90 , and ending the .. 1 a s t day of .
at and for the agreed total rental of see below
Dollars, payable as follows:
S~curity deposit is $725.00,
the previous lease.
$725.00 Monthly
\
of which $6i5.00
was carried over from
Rents are, due and payable on the first of;each month.
The tenant releases the right to any condemnation award from any party
to tha landlord. Electricity, water, sewer and garbage pick-up is the
responsibility ~f .the tenant. Exterior building maintenance is-the
responsibility of the'landlord. This lease has an option for a two
year r~riewal with a 5% annual increase, with at least a 60 day notice
given to the landlord,by the te~ant.
all payments to be made to the lessor on the first day of each and every month in ndv:mcc without,
,demand at the office of A ,& A' .Investments, 4012 Shelldrake Lane in the City of
B oyri ton: Be a cl~ ~ "FL3 3 4 3 6 or at such other place and to such other person, as the lessor
,may from time to time designate in writing.
The following express stipulations and conditions are made a part of this lease and ar.e here-
by assented to by the lessee:
FIRST: The lessee shall not assign this lease, nor sub-let the premises, or any part thereof nor use the snme,
or any part thereof, nor permit the same, or any part thereof, to be used for any other purposo than ns nbove stipu-
lated, nor make any alterations therein, and all additions thereto, withoqt the written consent of the lessor, and
all additions, fixtures or Improvements which may be made by lessee, except movable office furniture, shall be-
come the property of the lessor and remain u.oon th~ premilles as a p1'.~.thereo!, and b_~surr~red 'Yith the prem-, J
i$es a~ termlilatiop.ol thijJ,ease. trJ/.~ I{~'e /t~ ilt:"1V "r?'r1-J IJ ~loIicCl' -z;> ~"'1,{, 7-0 be:.. ..JutJ I~ I
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, ECOND i All persona proper~ p ace or moved m Ute premises above described shall be at the risk of
the lessee or owner .tbereof, and lessor shall not be Uable for any dama~e to said personnl property, or to the ~
. lessee arising from the burstin~ or leakin$! of water pipes, or from any act of net:ligence of anv co-tenant or
occupanl..3 cI tLo Lu;!dhl::;: \J~ \)~ ;an;;, <J-'~w::: "~.,,;,,,,~,:jou.:.ue\ .:r.
THIRD: That the tenant, - - - "hall promptly execute and comply with all statutes, orllinances, rules,
,orders, regulations and requirements of the Federal, State and City Government and of any and all their Depart-
, ments and Burenus appllcable to said premises, for the correction, prevention, and abntement of nuis:mccs or
other grievnnces, in, upon, or connected with said premises during said term; and shall nlso promptly comply
with and executt' aU..rules, orders and regulations of the Southeastern Underwriters Assoclntion for the preven-
tion of fires, at ~ own cost and expense.
. FOURTH: In the event the premises shaH be destroyed or .so AO~~d or injured by fire or other cnsunlty
during the life of this agreement, whereby the same shall be rendered untenantable, then the lessor shall have the
right to render said premises tennntable by Tepnlrs within ninety days therefrom. If said premises are not Tendered
tenantnble within said time, It shall be optional with either party hereto to cancel this lease, and In the event of
such canceJJation the rent shall be paid only to the date of such fire or cnsualty, The cancellation herein mentioned
shall be evidenced in W1"iting. .' '
. ,. FIFTH: The prompt payment of the Tent for said premises u{lon the dates named, and the faithful observ-
ance of the rules and regulations printed upon this lease, and which 'are hereby made a part of this covenant, and
of such other and further Tules or Tegulations as may be hereafter nlade by the lessor, are the conditions upon '
which the lease Is made and accepted and any failure on the part of the lessee to comply with the tenns of said
lease, or any of said roles and Tegulations now in existence, or which may be hereafter pre!lcribed by the lessor.
shalt at the option of the lessor, work a forfeiture of this contract, and all of the rights of the lessee hereunde f
and thereupon the lessor, his .,ents or attorneys, shall have the riiht to enter, laid premises, and rCm?V8 all per..
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sonl thorefrom forcibly or otherwlie, Ilnd the lessee thereby expressly waives any nnd all notice required by Inw
to termlnnte tenancy, nnd Illso waives nny nnd nllle$tal proceedlngl to recover pOllesslon of said premises, nnd ex.
pressly agrees that In the event of n vlolntlon of nny of the terms of this lease, or of laid rulel nlld regulations,
now in existence. or which may hereafter be made laid lessor, his ngent or attorneys, mny Immediately re.enter
said premises and dlJpoaaeaa leasee without !e~al notIce or the institution of any le,al proceedings whntsoever. ..
.SIXTH: If the lessee soall abandon or vncate said premises before the' end of the term of this lease, or
S11811 suffer the rent to be in arrears, the lessor may, at his option, forthwith cancel this lease or he may enter "
aaid premises ns the agent of the lessee, by force or otherwise, without being liable In nny wny therefor, and relet
the premises with or witbout any furniture that may be therein, as the agent of the lessee, at such price nnd upon
such terms nnd for such duration of time as the lessor may determine, and receive the rent therefor, applyinjt the ..
Ilame to the payment of the rent due by these presents, and it the full rental herein provided shall not be renllzed
by lessor over and above the expenses to lessor in such re-Iettlng, the sold lessee ahall pay any deficiency, and if
more than the full rental Is realiz!!d lessor will pay over to snid lessee the excess of demand.
SEVENTH: Lessee agrees to pay the cost of collection nnd ten per cent attorney's fee on any part of said
rental that may fJe collected by suit or by attorney, after the same Is past due.
: EIGHTH: The lessee agrees that he will pny all charges for rent, Itas, -electricity or other ilIuminntlon,
and 'lor all water used on sold premises, and should said chl1r~es for rent, lI~ht or water herein provided tor Ilt
any time remain due and unpaid for the space of five days niter the same shall hnve become due, the lessor may
at its option consider the said lessee tenant at suffernnce and immediately re.enter upon said premises nnd the
entire rent for the rental period then next ensuing shall at once be due and payable and may forthwith be collect-
ed by distress or otherwise. . .
NINTH: The said lessee hereby pledges and assigns to the lessor all the furniture, fixtures, goods and
chattels of said lessee, which shall or may be brought or put on snld premises ns security for the pnyment of tho
rent herein reserved, and the lessee agrees thnt the snld lien may be enforced by distress foreclosure or otherwise
at the election of the said lessor, and does hereby agree to pay attorney's fees of ten percent of the nmount so
collected or found to be due, together with all costs and charges therefore incurred or paid by the lessor.
TENTH: It is hereby agreed and understood between lessor nnd lessee that in the event the lessor decides
to remodel, alter or demolish all or an,ollart'rf the premises leased hereunder, or in the event of the sale or long
tenn lease of all or any part of thA pre m s e s ; requiring thls'space, the lessee hereby agrees to vacate
same upon receipt of sixty (60) days' writtr.n notice and the return of any advance rentnl pnld on account of this
leaae.
. It being further understood and agreed that the lessee wll1 not be required to vncate sold premises durmg
the winter season: namely, November first to May firat, by reason of the above pnrngrnph.
ELEVENTH: The lessor, or any of his agents, shall have thel rigM to enter Enid premises durinlt all reason.
able hours, to examine the same to make such repairs, "ddltlons or i)terations as mny be deemed necessny for the
safety, comfort, or preservation thereof: or of snld building, or to exhibit snld premises. and to put or kee~ upon
the doors or windows thereof a notice 'FOR RENT" at any time within thirty (SO) dnys before the expIration
of this lease. The right of entry shall likewise exist tor the purpose df removin~ placards, si~ns, fixtures, altern-
tions, or additions, which do not conform to this agreement, or to the'rules and regulntions of the building.
. TWELFTH: Lessee hereby accepts the premises in the condition they are in at the be~innlng of this lease
and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of
said term, excepting only reasonable wear and tear arising from the use thereof under this agreement, and to
make good to said lessor immediately upon demand, any dnmage to water apparatus, or electric lights Or any fix.
ture, appliances or appurtenances of said premises, or ot the building, caused by any act or neglect of lessee, or of
an~ person or persons In the employ or under the control of the lessee.' .
THIRTEENTH: It is expressly atrreed and understood by and between the parties to this agreement, thnt
the landlord shall not be liable for any damage or injury by water, which may be sustained by the snld tenant or
other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct
on the part of any other tenant or agents, or employees, or by reason of the breakage, leakage, or obstruction of
~e water, sewer or soil pipes, or other leakage in or about the said building.
FOURTEENTH: If the lessee shall become insolvent or if bankruptcy proceedings /lhnll be begun by or
against the lessee, before the end of said term the lessor is hereby irrevocnbly Iluthorlzed at its option, to forth.
with cancel this lease, as for a default. Lessor may elect to accept rent from such receiver, trustee, or other judl.
cial officer during the term of their occupancy In their flducil\ry capacity without effecting lellsor's rights as con.
tained In this contrad, but no receiver, trustee or other judicial officer shall ever have any right, title or interest.!n
or to the nbove described property by virtue of this contract.
. FIFTEENTH.: Lessee hereby waives and renounces for himself nnd family any and all homestead Qlfll ex.
emption rights he may have now, or hereafter, under or by virtue of the constitution nnd Inws of the St.:lte of
Florida, or of any other State, or of the United Stntes, as against the payment of sllid rental or nny portion
- hereof, or any other obligation or damage that may accrue under the terms of this agree!"cnt.
SIXTEENTH: This contract shall bind the lessor nnd its assigns or successors, "nd the heirs, Dsslgns, nd-
mlnistra~ors, legal representatives, executors or successors as the case may be, of the lessee.
SEVENTEENTH: It is understood and agreed bctween the pnrties hereto that time is of the' essence of
this contrnct and this applies to all terms and conditions contained herein.
. EIGHTEENTH: It is understood and agreed between the parties hereto thRt written notice mniled or deliv-
ered'to the premises leased hereunder Shllll constitute sufficient notice to the lessee and written notice mailed or
delivered to the office of the lessor shall constitute sufficient notice to the Lessor, to comply with the terms of
this contract.
NINETEENTH: The rights of the lessor under the foregoing shall be cumulative, and fnilure on the part of
the 'lessor to exercise promptly any rights given hereunder shall not operate to forfeit any ot the said rights. '
'. .
TWENTIETH: It is further understood and agreed between the parties hereto that any charges against
the lessee by tho lessor for services or for work done on the premises by order of the lessee or otherwise accruing
under this contrnct shall be considered as rent due and shnll be included in any lien for rent due and unpnld.
. TWENTY-FIRST: It Is hereby understood and agreed thnt an,t':r.;..,,/ or advertising to be used, Including
awnings, In connection with the premises leased hereunder shall be ~iubmitted to the lessor for approval be-
f01:e Installation of same. :.
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Additional stipulations to the lease:
Lessee will incur a 5% late charge to the monthly rental pa~ment
if Lessor does not receive the monthly payment due by the 10th
day of the month.
. .
Lessee to have liability insurance coverage in the amount of at
least $500,000.00, naming A & A Investments as co-insureds.
Landlord will a.j~.' ,h8 i.va' it..
eireeH.I" ('1 .ht i"8II') .". place a
front door to warn: customers to use
tr88t8wa 8iie tf 'he ~~il~ia8 lea~i"8 'I .h. r..r. ni~~__lL.
Tenant must get landlord approval for signage and must adher and
mat~h the other tenant signage in the complex.
Land}ord would be interested in possibly adding space onto the
existing build~ng by the end of this lease term, given city
approval, parking availability, costs of construction and
changes to the existing facility are reasonable and cost justifiable
to the landlord and the existing equivalent square footaae rental
costs will be added to the tenants monthly rent for the additional
square footage.
IN \VITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the
purpose herein expressed, the d,ay and year above written.
Signed. sealed and delive in the presence of:
(Seal
(Seal
Lessor
(Seal
'. (Seal
Lessee
, As to Lessor
As to Lessee
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County of
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STATE OF FLORIDA,
Before me, a Notary Pu.blic In' and for said State and County, personally came
to me
well known and known to be the person- named In the foregoing lease, anti
acknowledged that executed the same for the purpose therein expressed.
day of
119_
IN WITNESS WHEREOF, I have hereunto set my hand and afflxe
My commission expire-
.,
. Ncl\&1')' Public, State oS .Florida at Large.
4
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This Im/rumen/ pTtpared hy:-
, Address
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JAN 25 ~ \
I 25 '!.
PLANNING DEPT .
I . ,"\NG o EPt'l ,
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OFFICE OF THE CITY CLERK
MEMORANDUM
TO:
Chris Cutro, Planning Director
FROM:
Sue Kruse, City Clerk
SUBJECT:
Planning & Zoning Board Meeting - February 12, 1991
DATE:
January 25, 1991
Attached please find a copy of the following notice of a public hearing
which has been scheduled for the Tuesday, Feburary 12, 1991, Planning &
Zoning Board meeting:
Applicant: Michael H. and Angelo A. Agnello
Owner: Michael H. and Angelo A. Agnello
Consider
for: Parking Lot Variances (4)
This notice was mailed to the applicant/owner and will be advertised in
the Boynton Beach News on Monday, January 28, 1991, and Monday, February
4, 1991.
~~-'~~
Sue Kruse, City Clerk
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Attachment
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CC:
City Manager
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LOC-ATION MAP
AGNELLO BUILDING
214 N.W .3RD STREET
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f1V;;61
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U 40Q"800 1600 FEET
PL.AN/l/IN 6 pc-pro
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':to:
FROM:
DA':tE:
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MEMoIU>.NDUM
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sue KrUse, city clerK
~anuary,18, 1991
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PLlI s"01
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS" .
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A completed copy of this routing Slip must accomp~ny~~~~y,'r~quest
to have a Legal Notice or Legal Advertisement Published. and must
be submtited to the Office of the City Attorney 8 working'days
prior to the first pUblishing date requested below.;1 .
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ORIGINATING DEPARTMENT:
Planning
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PREPARED BY: TAMBRI HEYDEN DATE PREPARED: January 18, 1991
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BRIEF DESCRIPTION OF NOTICE OR AD: 4 Barking Lot Variances; to conver~
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an existing residential building at 214 N.W. 3rd Str~lto Commercial Use
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requiring existing parking to be brought up to code.';.!::1
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SPECIAL INSTRUCTIONS AND REQUIREMENTS:
Size, section Placement, Black Border,
Standard Legal Advertisement
(size of Headline ~ .:Type
etc. ) . ~ '
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SEND COPIES OF AD TO: Newspaper and'. applicant. . Noti~ication . to
surrounding property owners is not. required.
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NEWSPAPER(S) TO PUBLISH: To be determined by City ',Clerk..
. DATE ( s) TO BE by; .,.:.(t.;T';:'~:' .
To be determined ci ty,),C1erk/ .
PUBLISHED: . ..t'" ' .
APPROVED BY'':
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( epartment Head)
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(City Attorney)
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RECEIVED BY CITY CLERK:
COMPLETED:
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NOTICE OF PUBLIC HEARING ,:: ,"~'Ii ::.,.:<
NOTICE IS HEREBY GIVEN that the Planning & Zoning 'Boiu:;d~:of;the
CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7: 30 ,.P.M..on
Tuesday, February 12,1991, at City Hall Commission Chambers, 100'
East Boynton Beach Boulevard, Boynton Beach, to consider 'an
application for four parking lot variances on the. following.
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escr bed property: . . :' 'i:;',: '::'t):~ '"
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Michael H. and Angelo A... Agne~lo'.;
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, ir:::!iUrw 'if: ';:. .
Lots 1, 2, 3 and 4, Block::ii:of~:;Boynton
Heights, according to the.Plat",thereof
on file in the office of theiClerk of
the Circuit Court, in and i,fo'r>:!Palm Beach
11 . ' . ~
County, Florida, recorded.:in'.jPlat, Book
10, Page 64, Public Recoras';\of.!palm
Beach County, Florida, les's'i~the',::North 10
feet thereof for road right~of~way as
recorded in Official Record!\Book 1305,
Page 158. Subject to reservations,
restrictio~s :nd easemen~s!iff,:;~llr~c.~rd and
road right of way. .,'11":;::.:::1) ..
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214 N. W. 3rd Street and ;,33'2'\.w)\iBOynton
Beach Boulevard . (Southeast Ircoi-rier of W.
Boynton Beach Boulevard :.~n~:~~~;;.!W~ 3rd
Street) .. . '. 'Ithi,.,'):I',..l".'
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(1) ARTICLE X - :p~~~~l~i~~~T~~ction
5-142(i) (2) Parking Lot Lay6ut.:!O:Each
parking lot or parking stallishall'have
sufficient access from astreet:i . alley,
or other pUblic or private'twaY~l; In no
instance, shall parking 10ts.be1designed
to allow vehicles toback.tout'! into any
public alley or road'rights~ofjway or
segments of private"streets~whl.ch
function as local or" C01.~~~f?,~.I}~;treets.
( 2) ARTICLE X - .P~ING'L9TS~: l'~.~ctio~
5-142 (i) (1) Parking Lot Layout,!\. "Parkl.ng
lots shall be designed to';lmeet1:or'exceed
the dimensional requirements :.for stalls,
driveways, and access aisles~a~'provided
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for in the City standards ~I::i!! ,',:.. I" :
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(3) ARTICLE X -. PARKING'~ LOTs!>fsection
5-142 Required Improvements'~' (f),
Drainage. Storm water shall be
contained on site. contaihmentcapacity
shall be designated for arminiinum of i.5
inches of rainfall in onel1hour;.
Drainage structures and French drains
shall comply with minimum::City', standards
established by the City Engineer. For
impervious areas exceeding~twenty-five
thousand (25,000) square feet, the
design of the parking lotiand:facilitie~
shall be done by an engineer registered
in the State of Florida, and the plans
submitted shall be sealed.'. ,; Maximum
storage capacity of soil shall be
considered at the rate of:one (1) inch
of water for each six (6) ;:inches of soil
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ENGINEERING DEPARTMENT MEMORANDUM
January 28, 1991
TO: Christopher Cutro
Director of Planning
FROM: Vincent A. Finizio
Aaministrative Coordinator of Engineering
RE: VARIANCE APPL-ICATION FOR MICHAEL H. AGNELLO
In response to our recent discussions relative to the above referenced subject
matter and ensuing discussions regarding Mr. Agnello's appointment with
Carrie A. Parker, Assistant City Manager, please be advised of the following:
l. Mr. Agnello utilized a contractor, A & J Asphalt, 1402 N. Federal Hwy.,
De1ray Beach, Florida 33483, Telephone #276-0829 in order to obtain a City
of Boynton Beach permit for sea1coating and restriping the subject facility.
2. The permit obtained by A & J Asphalt for Mr. Michael Agnello did not contain
under conditions of permit, City authorization to pave.
3. A & J Asphalt paved over a public rights-of-way grassed swale without benefit
of permits from the City of Boynton Beach Engineering Department. This pave-
ment is indicated upon his submitted Technical Review Board set as two parallel
parking stalls.
4. A & J Asphalt placed additional striping and the aforementioned paving after
the Engineering Department's final inspection and approval of the sealcoating
and restriping program at this site. This action involved the additional
striping of a parking stall that backs out into the public rights-of-way of
Boynton Beach Boulevard (State Road #804) constituting a violation of Chapter 5,
Article X, Boynton Beach Parking Lot Regulations, Section 5-l42(i) , (2), parking,_
Lot Layout.
Based upon my own review of this project during construction and after construction,
I have concluded that work commenced after the final. inspection was signed off in
violation of Standard Building Code and City of Boynton Beach for deviating from
the conditions of permit. Although the permit issued by the City of Boynton Beach,
Building Department specifies the type of permit as a Paving permit, the application
submitted by A & J Asphalt clearly states that the description of work is for
sealcoating and striping only. Upon receiving direction from the City Manager's
office in this regard, I will constitute Code Enforcement action against Mr. Agnello
and A & J Asphalt for paving a public rights-of-way without benefit of permitted
inspections and for exceeding the scope and conditions of the subject permit.
This document will be attached to.and made a part of the Engineeing Department's
Technical Review Board comments for Mr. Agnello's recent variance and plans
submittal.
Ll':'-~.-lA~ ~
Vincent A. Finizio ~
VAF/ck
cc: Carrie A. Parker, Assistant City Manager
J.Scott Miller, City Manager
Tambri Heyden, Senior City Planner
RECEIVED
JAN 23 q I
PLANNING DEPT.
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1/15/91
GRANT OF LICENSE BY CITY OF BOYNTON BEACH TO
MICHAEL H. & ANGELO A. AGNELLO
THIS GRANT of License executed and delivered this
. day of January, 1991, by the City of Boynton Beach, a Florida municipal
corporation, located in Palm Beach County, Florida (BOYNTON or GRANTOR)
to Michael H. & Angelo A. Agnello (A & A or GRANTEE).
WHEREAS, BOYNTON owns a parcel of real property in fee simple
and more particularly described on Exhibit B attached hereto; and
WHEREAS, A & A owns a parcel of real property in fee simple
and more particularly described on Exhibit A attached hereto;
NOW, THEREFORE, in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by BOYNTON, BOYNTON has
granted, bargained, conveyed and sold to A & A, its grantees, heirs,
successors, assignees and nominees forever, a license to use the
following described real property located in Palm Beach County,
Florida and for the following described uses:
A perpetual non-exclusive license to use the real property
described on Exhibit B for the following uses:
1. Ingress and egress for vehicular traffic to all of
the real property of A & A and for use as parking which is
adjacent to the property of BOYNTON described on Exhibit B.
2. The real property described on Exhibit B is
presently ashalt surfaced.
A & A at its expense shall paint automobile parking
stripes on the real property.
A & A at its own expense shall maintain the license,
the improvements, and the property upon which the license
is located in a good state of repair subject, however, to
the limitations contained in this agreement.
A & A shall imdemnify and save harmless and defend
BOYNTON, its agents, servants and employees from and
against any claim, demand or cause of action of whatsoever
kind or nature arising out of error, ommission or negligent
act of A & A, its agents, servants or employees in connect-
ion with or related to its use under this agreement of the
real property described on Exhibit B.
A & A further agrees to indemnify, save harmless and
defend BOYNTON, its agents, servants and employees from
and against any claim, demand or cause of action of whats~-
ever kind or nature arising out of any conduct or misconduct
of A & A not included in the above paragraph and for which
BOYNTON, its agents, servants or employees are or are
alleged to be liable.
Neither BOYNTON nor any agent, servant or employee
of BOYNTON shall be liable to A & A for any loss, injury
or damage to A & A or to any other person or to its or
their property, irrespective of the cause of such injury,
damage or loss.
A & A shall maintain adequate insurance on its
property against property damage and public liability
and shall provide proof of such insurance to BOYNTON
upon its request.
-1-
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1/15/91
3. This document cannot be modified, amended
or terminated without the prior written approval
of the parties to this Agreement and the prior
written approval shall be executed with the same
formalities and be of equal dignity with this
Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first written above.
Signed, sealed and delivered
in-the presence of:
CITY OF BOYNTON BEACH,
a Florida Municipal Corporation
By:
Its: MAYOR, GENE MOORE
OffffliJ ~aml~?
By:
By:
STATE OF
COUNTY OF
. The foregoing
day of
, the
Beach, a Florida Municipal
corporation.
instrument was acknowledged before me this
, 1991, by
of the City of Boynton
Corporation, on behalf of said
Notary Public
My commission expires:
STATE OF ~ or..l....P.A
COUNTY OF .sA. l...rN..... ~-l o...ch .
this
N~~'
My commission expires: _:
ooTIIRiPl.J8L1C STAU-a: f'L(J~IOA
I'W Co.":MISSla~ EXP.fE623.199:5
5CNCro nmu GHltRAL INS. UNO.
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