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LEGAL APPROVAL CITY OF BOYNTON BEACH ORDER BOARD OF ADJUSTMENT CASE #188 Property Owner: Joseph DeFeo, Jr. 815 Bamboo Lane Boynton Beach, FL The application for a variance of Joseph DeFeo, Jr., for relief from Section 5 C.2. and 4 B.1. of Appendix A - Zoning Code, to reduce the ten (10) feet required west setback to one (1) foot in connection with the proposed construction of a garage to be attached to the west side of the existing residential structure, was granted on January 19, 1994. A copy of the minutes of the meeting reflecting the basis for such ruling is attached hereto. / Dated: / / /1/ 11{' / /" / '/' ./ ; / . 1/ . ,/}' Vernon Thompson/ / Board Chairman 100 'E. 'Boynton 'Beadi 'Boukva.rtf P.O. 'Bo~310 'Boynton 'Beadi.,:TforUfa. 33425-0310 City:Haf!: (407) 375-6000 :F.9IX: (407) 375-6090 January 20, 1994 / RE: BOARD OF ADJUSTMENT CASE #188 Joseph DeFeo, Jr. 815 Bamboo Lane Delray Beach, FL Dear Mr. DeFeo, Your request for a variance regarding the above referenced case was approved by the Board of Adjustment at their January 19, 1994 meeting. If I can be of further assistance, please contact me. Sincerely, _~ a;J.y~ Tambri J' He1den Acting Planning and Zoning Director TJH/cmc a:defeoap xc: Al Newbold Jlmerica's (jateway to the (juifstream ... -",-~_",..;.".~,.2.lii""-...'_-~""''"'''''-' ,";~"- .... ..' --,.,_~~.,.... MI~) OF THE BOARD OF ADJUSTMENT ME ~NG HELD IN CONFERENCE ROOh .C., WEST WING, CITY HALL, BOYNI'-"f BEACH, FLORIDA, ON WEDNESDAY, JANUARY 19, 1994 AT 7:00 P.M. PRESENT Ben UlecK, Vice Chainman Raychel Houston, Secretary Barkley Garnsey Henrietta Solomon Nello Tineri James Miriana, Alernate Irving Sechter, Alternate Mike Haag, Zoning & Site Devel. Administrator Leonard Levy, Assistant City Attorney ABSENT Vernon Thompson, Chainman Thomas Cordie (Excused) ACKNOWlEDGEMENT OF MEMBERS AND VISITORS Vice Chainman Uleck called the meeting to order at 7:03 p.m. He announced that there are two cases to be heard; Case 190 and Case 191. He advised that Case 188 had been tabled. Mr. Miriana suggested the Board wait to see if Mr. DeFeo (Case 188) arrived for the meeting since the City Commission voted to accept the recommendation of the Planning and Development Board. Mr. Haag recommended that the Board follow the agenda and when the Board reaches Case 188, it should move to consider Case 188 as the last case on the agenda. Secretary Houston called the roll and introduced the members of the Board and Mike Haag. AGENDA APPROVAL The agenda was accepted as presented. APPROVAL OF MINUTES Ms. Solomon moved that the minutes of the December 20, 1993 meeting be approved. Mr. Sechter seconded the motion, which carried unanimously. NEW PETITIONS Case #188 815 Bamboo Lane Property OWner: Request: Joseph DeFeo, Jr. A variance to reduce the ten (10) feet required west setbacK to one (1) foot in connection with the pro- posed construction of a garage to be attached to the west side of the existing residential structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TABLED Motion Ms. Solomon moved to move Case 188 to the end and go on with the second case. Mr. Miriana seconded the motion, which carried unanimously. - 1 - _~.. ~...J;,-..:A..~,...::....." ." MINUTES - BOARD OF ~~---TMENT MEETING BOYNTON BEACH. FLORIDA JANUARY 19. 1994 Motion Mr. Miriana moved that we GRANT the variance in Case #191 of eleven parking spaces which are at present on the premises. Mr. Garnsey seconded the motion. The Recording Secretary polled the vote. The vote FAILED 4-3. (Ms. Houston, and Messrs. Tineri and Uleck cast the dissenting votes.) Case #188 815 Bamboo Lane Property Owner: Request: Joseph DeFeo, Jr. A variance to reduce the ten (10) feet required west setback to one (1) foot in connection with the pro- posed construction of a garage to be attached to the west side of the existing residential structure .............................................. TABLED Motion Mr. Garnsey moved to remove Case #188 from the table. Ms. Solomon seconded the motion, which carried unanimously. Secretary Houston read the request and the applicant's response to the special conditions, hardships or reasons for granting a var~ance. She also read the correspondence from five neighbors including Roy Chin, Robert J. Fay, Charles Nicholas, M. G. Hood, and Joseph DeFeo. Secretary Houston read a memorandum to the Chainman and Members of the Board of Adjustment from Mr. Haag, dated December 16, 1993, wherein he explains that the City Commission and Planning and Development Board would have to consider this request for a waiver of plat prior to consideration by the Board of Adjustment. Mr. Haag advised that the City Commission, on January 18, 1994, approved the waiver of plat on the DeFeo property. Mr. Miriana feels letters of recommendation which are submitted by people living outside City limits should not be introduced to the Board. The City Attorney previously 'advised that the Board could disregard the letter if it chose to do so. Attorney levy said it is the Board's decision whether or not to consider consider them. Mr. Garnsey noted these letters are from residents in the im- mediate vicinity of this property. Mr. Haag pointed out that public notice is given to the people within 400 feet of the property whether they are inside or outside the City limits. Vice Chainman Uleck questioned how much of the property the City Commission accepted. Mr. Haag explained that the east side, right-hand side of the DeFeo property, is the City boundary. His neighbor to the east is not in the City limits. Bamboo lane to the south is not in Boynton Beach. Mr. Garnsey explained that this property was subdivided by Sun Wah without ever being approved for subdivision. City staff requested that subdivision take place. The City Commission approved the subdivision at last night's meeting. Joseph DeFeo, 815 Bamboo Lane, said his request is to construct a garage for the purpose of storing his personal lawn maintenance equipment and his vehicle. - 5 - IUNUTES - BOARD OF AIJ-')TMENT MEETING BOYNTON BEACH, FLORIDI\ JANUARY 19, 1994 In response to a question from Secretary Houston, Mr. DeFeo said this garage will be larger than the shed which was originally on this property. The shed has been removed. Mr. Miriana noted that there is sufficient room behind the home to build a garage, but Mr. DeFeo said he plans to install a pool behind the home. The home meets the 25' setback requirement and the proposed garage will be 351 back from the street. In viewing the plan, Ms. Solomon questioned how far this garage will be located from the Sun Wah parking lot. Mr. DeFeo responded that it will be 11 from the lot, and the owner of that property has agreed to the construction. Mr. Haag advised that the required setback is 101. The Sun Wah parking lot is zoned residential. There is a possibility that another house could be constructed on that property in the future. Mr. DeFeo advised that the owner of Sun Wah has agreed to split the cost of hedges on the I' property line. Mr. Miriana asked if Sun Wah will be required to construct a buffer wall since the commercial property abuts residential. Mr. Haag stated that there is no such requirement unless Sun Wah makes substantial improvements to the property. However, the property is zoned RlAA so Sun Wah may never be required to put up a wall. Ms. Solomon confinmed that Sun Wah is commercial. She questioned the require- ment for a buffer wall. Mr. Haag explained that there is a requirement for the commercial property to provide buffering for the residential property. However. the property directly adjacent to the west 1s not zoned commercial. It is zoned residential. It is a parking lot which is in a nonconfonming state. Ms. Solomon expressed some concern about the safety issue involved since this structure will only be 11 away. Mr. Haag said there is a provision 1n the Code for zero lot line construction and the Building Code will require a certain fire rating on the wall of Mr. DeFeo's garage. THERE WAS NO ONE PRESENT TO SPEAK ON THIS REQUEST. Motion Secretary Houston moved to GRANT Mr. DeFeo's variance to reduce the la' required west setback to 11 for the construction of this garage to be attached to the residence. Mr. Tineri seconded the motion. Mr. Miriana thought additional discussion was necessary because the Board would be granting a variance to construct this garage only one foot from the property line. He needed clarification on why this parking lot is considered residential property. Mr. Haag explained that this property was annexed into the City back in the 1960s. It came into the City under C-1 zoning. In 1962. the zoning was changed to R-1AA. Mr. DeFeo explained that the property owner originally intended to sell the parking lot property, but he withdrew his request to sell when he realized he needed the area because of requirements regarding the number of seats in his restaurants. Mr. DeFeo does not believe Sun Wah will ever sell off that - 6 - MINUTES - BOARD OF ADJ! 1400 MEETING BOYNTON BEACH, FLORIDA JANUARY 19, 1994 property. Chants Enterprises understands that if they sell the lot, they will have to appear before the Board for a variance for the number of parking spaces. The Recording Secretary polled the vote. The vote was 7-0 to GRANT the variance. OTHER BUSINESS None ADJOURNMENT There being no further business to come before the Board, Mr. Tineri moved to adjourn the meeting at 8:35 p.m. Mr. Miriana seconded the motion, which carried unanimously. :;Pr4 ~1. /)kc J ~aanet M. Prainito Recording Secretary (Two Tapes) - 7 - MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS. CITY HALL. BOYNTON BEACH. FLORIDA. ON MONDAY, DECEMBER 20, 1993 AT 7:00 P.M. PRESENT Vernon Thompson, Chainman Raychel Houston, Secretary Henrietta Solomon Nella Tineri James Miriana, Alternate Irving Sechter, Alternate Mike Haag, Zoning & Site Devel. Administrator ABSENT Thomas Cordie (Excused) Barkley Garnsey (Excused) Ben Uleck AC~NOWLEDGEMENT OF MEMBERS AND VISITORS Chairman Thompson called the meeting to order at 7:00 p.m., and introduced the members ~f the Board, Mike Haag and the Recording Secretary. He also announced the presence of the applicant in the audience. AGENDA APPROVAL The agenda was accepted as presented. APPROVAL OF MINUTES Mr. Tineri moved to accept the minutes of the November 15, 1993 meeting. Mr. Miriana seconded the motion which carried unanimously. NEW PETITIONS Case '188 Property Owner Request - 815 Bamboo Lane - Joseph DeFeo, Jr. - A variance to reduce the ten (10) feet required west setback to one (1) foot in connection with the proposed construction of a garage to be at- tached to the west side of the existing residential structure .................................. TABLED Motion Ms. Solomon moved to remove Case #188 from the table. Mr. Tineri seconded the motion which carried unanimously. Mr. Haag advised that during discussions with the City Attorney, he learned that since this case was tabled the first time it appeared before the Board, it is now necessary to treat it as though this is the first time it is being heard. - 1 - MINUTES - BOARD OF ~ JSTMENT MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1993 Ms. Solomon inquired if Mr. DeFeo was requesting this hearing be postponed until next month. Mr. DeFeo responded affirmatively, unless the Board was able to vote subject to approval from the Planning and Development Board and the City Commission. Mr. DeFeo further explained that Mr. Chan is not interested in offering him a chance to purchase additional property as had been recommended at the last meeting. Ms. Solomon did not feel the Board could act on this case at this point and suggested this case be tabled until the January meeting. She feels the BuildingDepartment should have more accurately advised the applicant in this case. Chairman Thompson does not feel the Board should be making so many exceptions. He feels that perhaps this case should not have appeared on the agenda this month. He also feels that there is sufficient room on this property to build a garage. This is a self-imposed hardship and this garage does not have to be attached to the house. Mr. Miriana agreed with Ms. Solomon and felt the Board was not in a position to vote on this case at this time. He suggested following the recommendation pre- sented to the Board. Chainman Thompson agreed that the Board should not act on this case at this time. Mr. Tineri felt the Building Department should have assisted the applicant. He has been before the Board of Adjustment twice and will now have to appear before the Planning and Development Board and the City Commission before reappearing before the Board of Adjustment a third time. Guidelines should be set down now to show the applicants what is required before he reappears before the Board of Adjustment. Chainman Thompson pointed out that the guidelines are already in place in the Building Department. When the Board of Adjustment receives an application, all paperwork should be in order. Ms. Houston reiterated that the applicant is aware of what is necessary at this point as indicated in Mr. Haag's memorandum. He now has the burden of applying. Motion Ms. Solomon moved that this Case #188 be tabled at this time until such time as we get all the proper papers necessary for us to make a judgment on this case. Mr. Miriana seconded the motion which carried unanimously. OTHER BUSINESS Chairman Thompson announced that Mr. Miriana distributed certificates to the members which were received at the Board dinner. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 7:35 p.m. ~>>t.P~ ~net M. Prainito Recording Secretary (One Tape) - 3 - MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA NOVEMBER 15, 1993 -"" -..., -,'-.. '" , "~ Ms. Houston mOv~d to grant the varian~e at 1 Virginia Ga~ens to reduce t requi r~d twenty-fi,ve feet front setbaclC"to ni neteen feet, ~uce the requi re ten feet"{!ast side se-tback to one point f~ feet and add an ~essory bul1din (garage) t the front' d. Mr. Tineri seco~d the motion. A 1 call vote was polled by e Recordin Secretary. The mottsQ carried 5-2. Vi Chainman Uleck and Mr. Ml iana cast tH dissenting votes. ~ '"'" Motion '. -.-......"., ~" 815 Bamboo Line Joseph DeFeo, Jr. A variance to reduce the ten (10) feet required west set- back to one (1) foot in connection with the proposed con- struction of a garage to be attached to the west side of the existing residential structure. Ms. Houston read the requested variance and the applicant's statement of special conditions, hardships or reasons justifying the requested exception or variance. In addition, she read the letters from the following people who had no objection to this variance: Clse '188 Property Owner: Request: Roy Chin Sun Wah Restaurant Boynton Beach M. G. Hood 810 Bamboo Lane Boynton Beach Robe rt J. Fay 1 Virginia Garden Boynton Beach Joseph DeFeo 808 Bamboo Lane Delray Beach Charles I. Nichols 812 Bamboo Lane Boynton Beach Ms. Houston read a direct quote from Building Department Memorandum No. 93-213. Mr. DeFeo of 808 Bamboo Lane was present. Mr. Miriana asked him if he was aware of the report from the Engineering Department regarding the subdivision. Mr. DeFeo said he was not aware of the report and does not know what it means. Mr. Miriani felt it was unusual to grant a variance before the subdivision is approved. Several members of the Board suggesting tabling this matter until the subdivision is taken care of. Mr. Tineri felt the City should have notified the applicant regarding the sub- division. He wondered what would happen if the Board grants this variance but the subdivislon is not approved. City Attorney Cherof advised that if the Board thinks it is appropriate, it could table the matter for any reason whatsoever. He noticed that the Engineering Department suggested the Board approve the variance conditioned upon the subdivision being approved. If the variance is granted and the subdivision is not approved, then there is no variance if such is a condition contained in the motion and if the applicant acknowledges he has two hurdles to clear. In response to Mr. Sechter, City Attorney Cherof advised that if this item is tabled, the applicant would come back at the next meeting and would not lose the $400 application fee he paid. - 6 - MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH. FLORIDA NOVEMBER 15. 1993 In response to Chainman Thompson regarding readvertising this public hearing, City Attorney Cherof advised that since this matter is properly before the Board tonight, the public is deemed on notice that there is a proceeding going on and if the Board chooses to table it, the public is deemed to be on notice that it is tabled. The minutes will reflect this. In response to Mr. Garnsey, City Attorney Cherof advised that if this matter is tabled, it should be tabled to the next meeting. It can be taken off the table at that time if staff and the applicant are satisfied that it is ready to go forward. At some point the applicant may have to withdraw because of the time period. In response to Mr. Miriana regarding tabling this item for two or three months. City Attorney Cherof advised that the Board could table to a time specific; however, the longer it is pending the more the notice to the public becomes an issue. The Staff Report states that the Engineering Department has indicated that the subdivision of Sun Wah property was perfonmed without City authorization. Mr. DeFeo asked what this means and was advised to speak to someone in the Engineering Department. Mr. DeFeo agreed to table this matter. In response to Mr. DeFeo regarding why he was not notified about this sudivision earlier, Mr. Haag believed the Engineering Department just discovered that the property was separated. City Attorney Cherof stated that it appears that this matter is before the Board without enough infonmatio~ to penmit the Board to go forward. Whether the applicant concurs with this or not, it was City Attorney Cherof's suggestion to table this matter. Motion Mr. Miriana moved to table Case #lBB until the next meeting. Vice Chainman Uleck seconded the motion, which carried 7-0. Case '189 Checkers Drive-In Restaurant - Northeast Corner of BoyntgQ.~each Boulevard and New Old Boynt Road Anna co~ell, Agent f Checkers Drive-In staurant, Inc. ~ " A sign varia e to increase e required number menu "', signs from one 1) to two (2) connection with th ro- ~ posed constructio of a two (2) e drive-in Checkers " "Restaurant. ", read the requ ted variance, port s of the Staf Statement 0 Justification s mitted by the appl c~nt. Ms. Cottrell re~red to Mr. Newb 's comment in the Staff Report re tive to the sign variance ''fl>r the monument sign proposed to be located at the front of pro~y OWner: .........." Request: '. and the - 7 - f~ I-faao NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH, FLORIDA for the hearing as indicated, under and pursuant to the provision~ of the Zoning Code of said City: Case i188 OWner: Joseph DeFeo, Jr. Requested Variance: A variance is requested to reduce the ten (10) feet required west side setback to one (1) foot in connection with the proposed construction of a garage to be attached to the west side of the existing residential structure. This variance is to Section 5 C.2.a. of Appendix A - Zoning Code. Location: 815 Bamboo Lane Legal Description: Lot 2A: That part of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: Commence at the point of intersection of the westerly right of way line of the intracoastal waterway with a line 308.76 feet south of, measured at right angles to, the North line of said Section 4; thence S.891> 18'46"W., along the said line 308.76 feet south of the north line of Section 4, 300.00 feet to the point of beginning; thence continue S.89,)18'46"W., 82.00 feet; thence N.0~41'14"W., 93.96 feet; thence N.89018'46"E., 92.08 feet; thence S.5c 26'06"W., parallel with the said west right of way line of the intracoastal waterway, 94.50 feet to the said point of beginning. Lot 3D: That part of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: Commence at the point of intersection of the westerly right of way line of the intracoastal waterway with a line 61.20 feet south of, measured at right angles to, the North line of said Section 4; thence S.5c26'06"W., along said west right of way line, 154.50 feet; thence S.89018'46"W., parallel with the north line of said Section 4, 300.00 .feet to the point of beginning; thence N.5c26'06"E., parallel with the said West right of way line of the intracoastal waterway, 25.00 feet; thence S.890 18'46"W., parallel with the said North line of Section 4,94.75 feet; thence S.OG41'14"E., 24.86 feet; thence N.89c18'46"E., 92.08 feet to the said point of beginning. Use: Garage attached to the west side of the existing residence. ~~1N.~ING AND ......- __...,,<.-.._'.J ;.l(_,I)r ..~~. Notice of Public Hearing - JOSEPH DEFEO, JR. Page Two A PUBLIC HEARING will be held relative to the above application by the BOARD OF ADJUSTMENT at City Hall, Commission Chambers, Boynton Beach, Florida, on Monday, November 15, 1993, at 7:00 P.M. Notice of a requested variance is sent to property owners within 400 feet of the applicant's property to give them a chance to voice their opinion on the subject. Comments may be heard in person at the meeting or filed in writing prior to hearing date. If further information is desired, call 375-6060, City Clerk's office. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Board of Adjustment with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure tha t 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: BOYNTON BEACH NEWS October 28 and November 4, 1993 ORDINANCE No. 63-3 I , I " Ii II ii Ii 11 d II i ,i ji AN ORDINANCE OF THE'CITY OF BOYNTON BEACH, FLORIDA AMENDING ORDINANCE NO. 62-9 OF SAID CITY, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BE~ FLORIDA: SECTION 1: The following parcel shall be rezoned and/or zoned as " I follows: ;1 ! LEGAL DESCRIPTION: A parcel of land in Section 4, Township 46, South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: For reference points in the following description begin at a point in a line parallel to, and 61. 2 feet southerly from, measured at right angles, to the north line of said Section 4, at a distance of 150 feet easterly from, measured along said parallel line , the easterly right of way line of State Road No.5, said point being hereinafter referred to as Point A; thence south 89 degrees, 18 minutes, 46 seconds, west along said parallel line, a distance of 150 feet to a point in said easterly right of way line of State Road No.5; thence southerly along said easterly right of way line a distance 230 feet; thence easterly a distance of 150 feet to a point 267 feet southerly from said Point A; and being hereinafter referred to as Point B; begin again at said Poi;nt A; thence southerly along line AB, a distance of 253 fe2t more or less to a point in a line parallel to and 308. 78 feet southerly from, measured at right angles to, the north line of said Section 4; thence north 89 degrees, 18 minutes, 46 seconds east along said parallel line a distance of 187 feet more or less to a point 370 feet south, 89 degrees, 18 minutes, 46 seconds west of the westerly right of way line of the Intra- coastal Waterway, thence north 5 degrees, 26 minutes,06 seconds east along a line parallel to said westerly right of way line a distance of 144. 5 feet; thence north 89 degrees, 18 minutes, 46 seconds east parallel to the mrth 1 said Section 4, a distance of 60 feet; thence north 5 degrees, 26 minutes, 06 seconds east, parallel to the westerly right of way line of said Intracoastal Waterway a distance of 104. 5 feet to a point in said line parallel to, and 61. 2 feet southerly from, measured at right angles to, the north line of said Section 4; thence south, 89 degrees, 18 minutes, 46 seconds west along said parallel line , a distance of 215 feet more or less to the point of beginning" To be re-zoned from R1-AA to Zone C-1, to be used as parking area in conjunction with commercial restaurant operation. 'j 'I " ii :1 ,1 , Jj i i i 'I ,I 1j il II !I !I I I I I, d I' il :1 Ii :i ;1 The Official Zoning Map of the City shall be amended accordingly. SECTION 2: Separability. Each of the provisions of this ii 'f ;1 L " ~ I i i i ordinance are separable, including word, clause, phrase, or sentence, and if any provision hereof shall be declared invalid, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 3: Repealing Provisions. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: Effective date. This ordinance shall become effective in the manner and at the time provided by the charter and ordinances of the CITY OF BOYNTON BEA CH~ FLORIDA. 'I First reading this 4th day of February, A. D. 1963. Second, final reading and passage this J i day of F' 6.6 I, , A. D. 1963. (CORPORATE SEAL) " . .../' CITY Op; B,OYNTO~ BEACJf;' FJ66RIDA, /1)7 ) / / . I --; ) ! JI" ! By / L.l.{l /~{.f(.t,,<1 /~- Mayor I I " :i i! ii 1i I ,I II !i iii !\ i 'i I :1 ATTEST: ~ /~ City Clerk / " / a..", J~{.. r r" ~.' ,..,{"/ " -- Councilman i\ i\ II - 2 - . ORDINANCE NO. 62-7 I II ! ! AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA1 EXTENDING THE TERRITORIAL LIMITS OF SAID MUNICIPALITY BY THE ANNEXATION OF A CERTAIN UNINCORPORATED TRACT OF LAND CON- T AINING LESS THAN TEN REGISTERED VOTERS, LYING CONTIGUOUS THERETO AND WITHIN THE SAME COUNTY: REDEFINING THE MUNICIPAL BOUNDARIES: REPEAL I NG ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR AUTHORITY TO CODIFY1 AN EFFECTIVE DATEI AND FOR OTHER PURPOSES. WHEREAS, the owner of the property more particularly described: hereinafter has heretofore petitioned the City Council of the City of Boynton Beach, Florida, requesting the annexation of subject property lying adjacent and contiguous to the territorial limits of said municipality and within the same County, to the municipal territorial limits of said City; and WHEREAS, said tract of land contains less than ten registered voters; and WHEREAS, all requirements of the charter of the City of Boynton Beach, Florida, relative annexation of contiguous terriroty have been com- plie d with; and WHEREAS, the City Council of the City of Boynton Beach, Florida, deems the annexation of subject tract to be beneficial to the municipality and to the inhabitants of said tract, NOW, THEREFORE, be it ordained by the City Council of the City of Boynton Beach, Florida: SECTION 1: That the City of Boynton Beach, Florida, hereby annexes the following described tract of land to the territorial limits of the City of Boynton Beach, Florida: PARCEL 1: A parcel of land in Section 4, Township 46 South, Range 43 II East, Palm Beach County Florida, more particularly described as follows: II BEGINNING at a point in a line parallel to and 61. 2 feet southerly (measured il at right angles) from, the north line of said Section 4, at a distance of 150 feet :i easterly, measured along said parallel line, from the easterly line of the :1 II II II II \1 .j sixty-six foot right-of-way of State Road No.5; thence westerly along said parallel line, 150 feet to a point in said easterly right-of-way line; thence southerly along said easterly right-of-way line, 230 feet; thence easterly 150 feet to a point which is 267 feet southerly from the point of beginning; thence northerly 267 feet to the point of beginning. Subject to an easement for road purposes on the easterly 10 feet of the foregoing premises; and PARCEL 2. A parcel of land in Section 4, Township 46 South, Range43 east, Palm Beach County, Florida, more particularly described as follows: 1 Beginning at a point in a line parallel to, and 76. 1 feet southerly from 1 (measured at right angles) the north line of said Section 4, at a distance of I 290 feet South 89 degrees 18 minutes 46 seconds West of the Westerly right- j of-way line of the Intracoastal Waterway; thence South 89 degrees 18 minutes! 46 seconds West, along said parallel line, a distance of 225.8 feet, more or less. to a point in the easterly line of land described in deed recorded in Deed Book 915, Page 286 public records of Palm Beach County, Florida; thence southerly along said parallel line a distance of 237.83 feet, more or less. to a point in a line parallel to, and 308. 76 feet southerly from, (measured at right angles) the north line of said Section 4; thence North 89 degrees 18 minutes 46 seconds East, along said parallel line, a distance of 247 feet more or less, to a point 300 feet South 89 degrees 18 minutes I 46 seconds West of the Westerly right-of-way line of said Intracoastal Waterr way; thence North 5 degrees 26 minutes 06 seconds East, parallel to said i westerly right-of-way line of the Intracoastal Waterway, a distance of 94. 5 I feet; thence South 8!3 degrees 18 minutes 46 seconds West, parallel to the North line of said Section 4, a distance of 70 feet; thence North 5 degrees ! 26 minutes 06 seconds East, parallel to said Westerly right-of-way line of tH, . I Intracoastal Waterway, a distance of 50 feet; thence North 89 degrees 18 minutes 46 seconds East,parallel to the north line of said Section 4, a dis- tance of 80 feet; thence North 5 degrees 26 minutes 06 seconds East, parallel to said westerly right-of-way line of the Intracoastal Waterway, a distance of 89.5 feet to the point of beginning. Reserving for street, road and public utility purposes the Westerly 10 feet thereof. PARCEL 3. A parcel of land in Section 4, Township 46 South, Range 43 j East, Palm Beach County, Florida, more particularly described as follows: II Beginning at a point in a line parallel to, and 76. 1 feet southerly from, (measured at right angles) the north line of said Section 4, at a distance of I 260 feet South 89 degrees 18 minutes 46 seconds West of the Westerly dght-l of-way line of the Intracoastal Waterway; thence South 89 degrees 18 minutes, 46 seconds West along said parallel line, a distance of 30 feet; thence South i 5 degrees 26 minutes 06 seconds West, parallel to the westerly right-of-way! line of the Intracoastal Waterway a distance of 89.5 feet; thence North 89 ' degrees 18 minutes 46 seconds East. parallel to the north line of said Sectioni 4, a distance of 30 feet; thence North 5 degrees 26 minutes 06 seconds East, . parallel to said Westerly right-of-way line of the Intracoastal Waterway, a distance of 89. 5 feet to the point of beginni!'!.g. PARCEL 4. Description of Canal. A parcel of land in Section 4, Township 46 South, Range 43 East, Palm Beach County. Florida, more particularly described as follows: From the point of intersection of the westerly right- of-way line of the Intracoastal Waterway with a line parallel to, and 61. 2 feet south of, measured at right angles to, the north line of said Section 4; - 2- run South 5 degrees 26 minutes 06 seconds West, along said westerly right-of-way line, a distance of 104. 5 feet to the point of beginning and the northeast corner of the parcel of land herein described; thence South 89 degrees 18 minutes 46 seconds West, parallel to the north line of said Section 4, a distance of 370 feet; thence South 5 degrees 26 minutes 06 seconds West, parallel to said westerly right-of-way line of the Intracoasta Waterway, a distance of 50 feet; thence North 89 degrees 18 minutes 46 seconds East, parallel to the north line of said Section 4, a distance of 370 feet to a point in said Westerly right-of-way line of the Intracoastal Waterway; thence North 5 degrees 26 minutes 06 seconds East, along said westerly right-of-way line, a distance of 50 feet to the point of beginning. SECTION 2: That subject tract hereinabove described is hereby zoned as follows: (a>. Parcell of said tract - ZONED C-l <b>' Parcels 2, 3 and 4 of said tract - ZONED R-IAA as more particularly defined under the existing zoning code of the City of Boynt on Beach, Florida. SECTION 3: That the boundaries of the City of Boynton Beach, Florida, are hereby redefined so as to include the above described property. SECTION 4: Se par ability . Each of the provisions of this ordinance are separable and if any section, subsection, clause, phrase or portion of this ordinance is for any reason held invalid by any court of competent jurisdiction, the remaining portions shall not be affected but shall remain in full force and effect. SECTION 5: Authority to Codify. Specific authority is hereby granted to codify and incorporate this ordinance in the City's existing code. SECTION 6: Repealing Provisions. All ordinances or parts of ordinances in conflict herewith are he re by re pe ale d. First reading this Z I ~ day of MPt....' , A. D. 1962. il II q - 3 - il I I I I I I \! 11 I Second, final reading and passage this . 1/ day of~~~ , A. D. 1962. (CORPORATE SEAL) CITY OF BOYNTON BEACH, FLORIDA , ,', .~v I', 1 Bv. '. 'll/ " ;, ,.'- .,~ __~_ .' '. l~ . j . ) T~ AT EST /,1 ,. , T : ,- u l wi"' ,/ _{ C I... '. t.:::' City Clerk {, .) I ~~~c1~~~ - 4 -