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CORRESPONDENCE 00 rn1A1~ow~ rn Jill A. J arkesy, P.A. SEP24&i 1872 SW 17th Street Boca Raton, Florida Jill A. Jarkesy 33486 (407) 393-1757 NING AND NING DEn September 23, 1996 HAND-DELIVERY Ms. Tambri 1. Heyden, AICP Planning and Zoning Director 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Re: Boynton Festive Center File No. SBMP 96-001 Dear Ms. Heyden: In accordance with your correspondence dated September 17, 1996 and Mr. Michael Haag's Memorandum No. 96-457 dated September 9, 1996, I am enclosing for your review, twelve sets of the amended plan and current survey showing the proposed property line. Also enclosed herewith is our application for a landscape appeal and the required $200.00 application fee. In response to Mr. Haag's Comment number 5, I am enclosing Pages 6 and 7 of the Operation and Easement Agreement which specifically provide for cross access between the property owners. Thank you very much for your consideration of this matter. If you should have any questions or concerns regarding the matters set forth herein, please do not hesitate to contact me. Sincerely, gw;a Il~ Jill A. Jarkesy Enclosures cc: Doug McMillan ~ ~_/ ARTICLE II EASEMENTS 2.1 Inqress and Eqress. (A) During the term of this OEA, Agree hereby declares and establishes for the use of Permittees, in common with others entitled to use the same, a perpetual non-exclusive easement for the passage and parking of passenger, service and delivery vehicles over and across those portions of the Common Area from time to time used as parking and driveway areas as the same may from time to time be constructed and maintained for such use, and for the passage and accommodation of pedestrians over and across those portions of the Common Area from time to time used as the parking, driveway and sidewalk areas as the same may from time to time be constructed and maintained for such use. The foregoing easement rights shall be subject to the following reservations as well as other provisions contained in this OEA: (i) Except for situations specifically provided for in the following subparagraphs, no fence or other barrier which would prevent or obstruct the passage of pedestrian or vehicular travel for the purposes herein permitted shall be erected or permitted within or across the easement areas; provided, however, that the foregoing provision shall not prohibit the installation of convenience facilities (such as mailboxes, public telephones, benches, trash deposit enclosures and containers and transformers), of landscaping, berms or planters, or of limited curbing and other forms of traffic control. (ii) In connection with any construction, reconstruction, repair or maintenance on any Parcel, an Owner or any Tenant of such Parcel shall have the right to create a temporary staging and/or storage area in a portion 6 RI7B\7747\CIRCUIT\OPER-AGT.01J Jill A. Jarkesy Jill A. Jarkesy, P.A. 1872 SW 17th Street Boca Raton, Florida 33486 (407) 393-1757 September 23, 1996 HAND-DELIVERY Ms. Tambri 1. Heyden, AICP Planning and Zoning Director 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Re: Boynton Festive Center File No. SBMP 96-001 Dear Ms. Heyden: This correspondence shall serve as Boynton Festive Center's request for an appeal from the Landscape Code, specifically Chapter 7.5, Article II, Section 5.E, City of Boynton Beach Land Development Regulations. Enclosed please find my client's check in the amount of $200.00 for the processing of this landscape appeal. Section 5.E of the Boynton Beach Landscape Code requires that a landscape barrier consisting of a planting strip of two and one-half feet in width be used to separate the two proposed properties. This planting strip is required to have a continuous hedge. Weare requesting an appeal from these requirements as part of our request to the City of Boynton Beach to subdivide the shopping center into two parcels of ownership. One parcel will contain the two restaurants and the other parcel will contain the Circuit City and Borders stores. The lot line dividing these two properties will be down the middle of the access road. The Boynton Festive Center will still be managed, maintained and operated as a single unit. A detailed Operation and Easement Agreement has been recorded in the public records of Palm Beach County which addresses all aspects of management and operation of the center, including such matters as ingress, egress, easements, maintenance of common areas including landscaping. This landscape appeal will not physically change any of the required landscape within the proposed shopping center. Technically, it is impossible to comply with the requirements set forth in Section 5.E because it would mean placing a hedge and landscape strip down the middle of an access road. A buffer in the form of five foot landscape islands do exist adjacent to the access road. Furthermore, the Boynton Festive Center does meet and exceed all other landscaping requirements. It is my understanding that this landscape appeal will be reviewed by the Planning and Development Board on October 8, 1996 and by the City Commission on October 15, 1996. Thank you very much for your consideration of this matter. If you should have any questions or concerns regarding the matters set forth herein, please do not hesitate to contact me. Sincerely, ~'a&~ Jill A. J arkesy Enclosures cc: Doug McMillan