APPLICATION
PROJECT NAME: Sammy Berry Building
LOCATION:.ll0 Martin Luther King Jr., Blvd/
COMPUTER ID:
PERMIT #:
FILE NO.: ZNVC 99-018 TYPE OF APPLICATION: ZNCV
ZNCV 99-019
ZNCV 99-020
APPLICANT/CONTACT PERSON: OWNER/APPLICANT:
Kimberly A. Dellastatious Sammy Berry Jr. & Eula Mason-Berry
PHONE: 561-582-5622 PHONE: 561-585-0345
FAX: FAX: 561-585-5571
ADDRESS: 422 N. Dixie Hwy. ADDRESS: 516 S. Dixie Hwy. #IA
Lake Worth, FL 33460 Lake Worth. FL 33460
Date of submittallProiected meetinl!: dates:
SUBMITTAL / RESUBMITTAL 12/2/99
I~T REVIEW COMMENTS DUE:
PUBLIC NOTICE: CC OFFICE: 12/28/99
LEGAL AD: 1/10/00 PUBLISHED
TRC MEETING: N/A
PROJECTED RESUBMITTAL DATE:
ACTUAL RESUBMITTAL DATE:
2ND REVIEW COMMENTS DUE:
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 1/25/00
MEETING:
CITY COMMISSION MEETING: 2/1/00
COMMENTS: PCN# 08-43-45-21-10-005-0030
HTE # 99-82000009
$:\FORMS\PROJECT TRACKING INFO
APPLICATION ACCEPTANCE uATE: l~'~
. AL EE SCHEDULE OF DATES FOR BOARD MEETINGS AND
\01 ~ @, rn 0 Wi ~ UBMITTAL DATES:
,li~ F 1999 \ P,.... Print (In Ink) ., Type
I .------;;-;I~;~) Submittal Date: 11./ z. / q q
\_. .n ..~....-~~j,~~ nzrT. / I
The undersigned owner(s) hereby respectfully petjtion(s) the Planning and Development Board to
grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City
pertaining to the property hereinafter described and in support thereof state(s):
Property involved is described as follows: Lot(s) '3 If- 4-
Block S ,Subdivision Pa.ln~ Be4.c.h G:>UN\1rj Club t.<;t'^te.~
Plat Book II page~ or otherwise described as follows:
.
Property Address --1jO Mar-tn l(,\.--\n€(' 1<'\r1j Jr. I Blvd.
''Z.I\J ~'O~~ -'o"h~ -z.j:\1 C V 9,\ -q1.l) (\ .
Variance requested . f."'O' 1- f?ldf ~e..t6",.d~-s) Q.t\J c.urb G-r- d 1:',1olV1ce tro<'/\ RiT~
'Z.fLic..Y '\ q -I' km.~
The following documents are required to be submitie... 'iNTfh' this application to form a single package.
Incomplete package will not be accepted:
FEE PAID:
RECEIVED By $TAFF MEMBER:
S\:>5.0D
~ \)Qr\Cln<-Q..S
f>c::;,+o..~ ~
RECEIPT NUMBER:
CITY OF BOYNTON BEACH
ZONING CODE VARIANCE APPLICATION
1. Two sealed survevs by a registered sur:veyor in the State of Florida, not over six (6) months
old, indicating:
A.
~
u.
C.
D.
E.
r:
G.
H.
I.
J.
K.
All property lines
North arrow
Existing structures and paving
Existing elevations
Rights-of-way, with elevations
r-"''''r:-'11'':'r.~C'' ,..,., t"'I,. "'tn!.,,..iOnt tn thp c-itp
Utilities on or adjacent to the site
Legal Description
Number of acres to the nearest one-hundredth (1/100) of an acre
Location sketch of property
Surveyor's Certificate
\
.
2. Two site clans properly dimensioned and to scale showing:
Page 2
Zoning Code Variance Application
A. All proposed structures
B. All existing structures that are to remain on site
C. Setback lines for all structures drawn perpendicular from the property lines to the
closest vertical wall of structures
D. Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties including right-of-way lines for all streets and alleys,
sidewalks, tum lanes and driveways
F. Elevations of the lowest finished floor of all structures on the site
3. Certified list of names and post office addresses of property owners and legal descriptions of
their property within 400 feet of subject property, as recorded in the County Courthouse,
including a tax map showing placement of 400 feet boundary. Such list shall be accompanied
by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is
complete and accurate, as well as labels or addressed envelopes and postage (1st class-
stamps or payment for required postage),
4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an aaent is submittina the oetition. a notarized cooy of a letter desianatina him as
such must accomoany the oetition.
5. Statement of special conditions, hardships or reasons justifying the requested exception or
variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please Drint or
~
A, That special conditions and circumstances exist which are peculiar to the land, structure
or bUilding involved and which are not applicable to other lands, structures or buildings
in the same zoning district;
B. That the special conditions and circumstances do not result from the actions of the
applicant;
C. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, buildings or structures in the
same zoning district;
D. That liter",1 L,:ccr fJi etation of the pro'Ji:;ions of this chapter would deprivtl the applil;i:lllt of
rights commonly enjoyed by other properties in the same zoning district under the terms
of the Ordinance and would work unnecessary and undue hardship on the applicant;
E. That the vari;:mce grantod is the minimum variance that will make possible the
'!. ~ '_ I! :.,.
I t;;o;;:'UllcUJlt;; U~\,;,; ul lll~ ktllU, uUIIUill~ 01 .;)Li Li.....lUi t,
F. That the granting of the variance will be in harmony with the general intent and purpose
of this ch:::pLr and that such v..lri,lIlce will not be injurious to the area involved or
otherwise detrimental to the public welfare.
6. An application fee in the amount of $400.00 plus postage, payable to the City of Boynton
Beach, must accompany a completed application. The $400.00 application fee covers a
request to vary one (1) section of the Code. Seeking relief from more than one section of the
Code will require payment of $100.00 for each additional Code section.
Page 3
Zoning Code Variance Application
7. Nameandaddressofowncr: ~a(\'l''t'\J 6{1((j]r, and E.tA!.:'\' ~Son-8ffrj
8. Name of applicant: kl\'v1(3,ERl...'1 A 'DELLAS,.A1'\OL)'S f:1IR ,PA
Applicant's address: 4.2:2. N VI Y-It Hw~. l-AICf; lNo~Ttf Fl. 334(;,0
Applicant's phone #:
Date: I~/'LI ~q
f I
':1eol
0~Z C;/02:z..
It G"~
Signature of Applicant: LLLll.J&r n Ii ~Lr 'V\~
J
TO BE COMPLETED BY PLANNING AND ZONING
1.
Property is presently zoned:
fonmerly zoned:
2. Property Control Number:
.
3. Denial was made upon existing zoning or sign requirements (list section(s) of Code from which
relief is required):
4. Nature of exception or variance required:
5.
C2se Number:
Meeting Date:
~
Page 4
Zoning Code Variance Application
TO BE FILLED OUT BY BOARD
PLANNING AND DEVELOPMENT BOARD: Approved
Aye
Denied
Nay
. Stipulations:
Signed:
Chairman
Page 5
Zoning Code Variance Application
CERTIFICATION'
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
APPLICANrS PROPERTY.
~M<~ ~ ' 'f=';,i.J
APPLICANT/ E T
v
\<\Ml:>El\LI..j (.\ 't)toL..\-.AS,1A'TlDVC: tl-lt+,pA
NOTICE TO APPLICANTS
!
FOR
REZONING AND/OR LAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL
ZONING CODE VARIANCE
All applications received by the City of Boynton Beach after August 1, 1985 shall be
accompanied by mailing labels with the names and addresses of all property owners within
four hundred (400) feet of the subject property. Applications will not be accepted without
these marling !abc!~.
CONTACT -
PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
ATTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
S:\PLANNINGISHAREOIWPlFORMSIAPPSIZNCWNCV.APP
JuMl. 1191
.
Sammy Berry, Jr., P.A.
Attorney At Law
516 S. Dixie Hwy. #lA
Lake Worth, Florida 33460
(561) 585-0345
Fax (561) 585-5571
f
516 S. Dixie Hwy. #lA
Lake Worth, Florida 33460
(561) 585-0345
Reply To:
Lake Worth
2324 Sistrunk Blvd.
Ft. Lauderdale, Fla. 33311
(954) 584-3940
November 30, 1999
Dear Sir/Madam: : m r ~ @, rn ij::l ~
Please accept this letter as my consent to allow Kimberly A. Dellastatious to act<lllJLy ~ta-or 1999 I ~
purposes of the zoning code variance application. r
PLA;'l' ~:~lG ~ND
IONiNG DEPl
ta~~.
AFFI T
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 2t1lv day of November,
1999, by SAMMY BERRY, JR.
x
who is personally known to me, or
who produced
Nf+
as identification,
that the matters set forth herein are true and correct to the best of their knowledge and belief.
,..;,..... wendy C Ma_
*ijJ*My COmmIIsiOnCC70701.
\;.. ,,'; E_ JIIlIIIIY 10. 20CIZ
:r:~ ~6, Wd 7.-
MY COMMIS ON EXPIRES
Ii;) ~ ~ ~ U 'Ii) !~ I"
I..A .-- ---; I!:
, 11,
I~ul JAN -'5 2W J
! L---,----;
KIMBERLYA : pu:;:,;..i';:\jn
. r~;:'I>:S .": I.
DELLASTATIOUS AIA,PA
422 North Dixie Highway
Lake Worth, Florida 33460
561-582-5622
, ~. .....
',; ~.: II
i:Ji
~.
l~
December 2, 1999 REVISED 12114/99, 115/00
Re: Sanuny Berry Building Zoning Variance Submittal, 110 Martin Luther King, Jr. Blvd.
We are proposing an approximately 2.950 sf Office / Retail one stOI)' building on Martin Luther King Jr. Blvd Due to
the proposed redevelopment of Martin Lutb:r King, Jr. Blvd, we have been asked by the Cily to volWllarily comply with
their redevelopment concepts. We feel this is an exciting opportunily to help this area improve on an wban scale.
UnfurtwJately the codes and regulations are oot in place at this time to help kick off this visioll Due to this filet. we are
put into a position to ask for v~ that we would oot necessarily have to ask for. If we were to stick to the
conventional site planning design as site forth in the current zoning code there would be 00 need for the fullowing
setback variance.
TIle Cily would like to see the building positioned closely to the existing RO. W. along the front property line with tile
parldng to tile rear of the building. We can achieve this by being granted a front and west side setback variam:. We are
requesting that tile west side setback be reduced from 15 feet to 5 feet with allowance for a maximwn 3' building
overhang, and the front setback be reduced from 25 feet to zero setback. Actually, tile requested front setback would be
3 feet from the air conditioned or enclosed building space with allowance for building overhang and/or columns to be in
tile 0' - 3' setback zone.
The requested variances full witlt-in the guidelines of the Cily's requirements. Meaning tll3t tile following holds true for
the requested variances:
1. Special conditions and ciIcwnstances exist which are peculiar to this parcel of land and are not applicable to otller
lands in the same zoning district TIlis condition is due to the redevelopment which is proposed along the Martin
Luther King Jr., Blvd. RO. W.
2. This special condition did oot result from the actions of the applicant The City bas requested tile applicant
voluntarily conform to the proposed improvements relative to the redevelopment of Martin Lutller King Jr., Blvd.
3. Granting of the requests will oot confer on the applicant any special privilege that is denied by tllis Ordinance to
other lands, buildings, or structures in the same zoning district
4. Literal intelprelation of tile provisions of this chapter would deprive the applicant of rights commonly el!ioyed by
other properties in the same zoning district under the tenns of tile Ordinance and would worle unnecessaI)' and
undue hardship on the applicant.
5. The variam:s requested are the minimum variances that will make possible tile reasonable use of tile land, building,
or structure.
6. The granting of these variances will be in hannony with the general intent and pwpose of this chapter and that such
variances will not be injurious to tile area involved or otherwise detrimental to the public welfare.
TIllUIk you for your time and assistance concerning this matter. If you have any questions, please feel free to contact me.
Sincerely,
KIMBERLY A.
DELLASTATIOUS AlA,PA
,,~Jl~
President
.
KIMBERLY A.
DELLASTATIOUS AIA,PA
422 North Dixie Highway
Lake Worth, Florida 33460
561-582-5622
December 2, 1999
City of Boynton Beach
Zoning Code Variance Submittal
Re: Sammy Berry Building
110 Martin Luther King, Jr. Blvd.
Boynton Beach, FL
Due to the proposed redevelopment of Martin Luther King, Jr. Blvd., we have been asked by the City to
voluntarily comply with their redevelopment concepts. We feel this is an exciting opportunity to help this
area improve on an urban scale. Unfortunately the codes and regulations are not in place at this time to help
kick off this vision. Due to this fact, we are put into a position to ask for variances that we would not
necessarily have to ask for. If we were to stick to the conventional site planning design as site forth in the
current zoning code there would be no need for the following setback variance.
The City would like to see the building positioned closely to the existing R.O.W. along the front property line
with the parking to the rear of the building. We can achieve this by being granted a front and west side
setback variance. We are requesting that the west side setback be reduced from 15 feet to 5 feet and the front
setback be reduced from '25, feet to zero setback. ActuaIly, the requested front setback would be 5 feet from
the air conditioned or enclosed building space with allowance for building overlJang and/or columns to be in
the 0' - 5' setback zone.
The second variance request would be to allow the driveway curb cut to be made 152 feet from the RO.W.
line from Seacrest Blvd. Current code calls for a minimum of 180 feet in distance to the nearest curb cut. In
fact, existing on the site now is a curb cut only 80 feet away from Seacrest as is shown on the current survey.
Our new design improves this position by 72 feet. Without this variance it is impossible to provide l!!!Y
parking on the site. Our proposed driveway location is the maximum distance from Seacrest that is possible.
The requested variances fall with-in the guidelines of the City's requirements. Meaning that the following
holds true for the requested variances:
1. Special conditions and circumstances exist which are peculiar to this parcel of land and are not applicable
to other lands in the same zoning district. lhis condition is due to the redevelopment which is proposed
along the Martin Luther King Jr., Blvd. R.O.W.
2. This special condition did not result from the actions of the applicant. The City has requested the
applicant voluntarily confonn to the proposed improvements relative to the redevelopment of Martin
Luther King Jr., Blvd.
3. Granting of the requests will not confer on the applicant any special privilege that is denied by this
Ordinance to other lands, buildings, or structures in the same zoning district.
4. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly
enjoyed by other properties in the same zoning district under the tenns of the Ordinance and would work
unnecessary and undue hardship on the applicant.
5. The variances requested are the minimwn variances that will make possible the reasonable use of the
land, building, or structure.
6. The grnnting of these variances will be in harmony with the general intent and purpose of this chapter and
that such variances will not be injurious to the area involved or otherwise detrimental to the public
welfare.
Thank you for your time and assistance concerning this matter. If you have any questions, please feel free to
contact me.
Sincerely,
KIMBERLY A.
DELLASTATIOUS AIA,PA
l~~~I~ DAtL
Kimberly Dellastatious, AIA,NCARB
President
KIMBERLY A.
DELLAST A TIOUS AIA,P A
422 North Dixie Highway
Lake Worth, Florida 33460
561-582-5622
December 2,1999 REVISED 12/14/99
City of Boynton Beach
Zoning Code Variance Submittal
Re: Sammy Berry Building
110 Martin Luther King, Jr. Blvd.
Boynton Beach, FL
We are proposing an approximately 2,950 sf Office / Retail one story building on Martin Luther King Jr.
Blvd. Due to the proposed redevelopment of Martin Luther King, Jr. Blvd., we have been asked by the City
to voluntarily comply with their redevelopment concepts. We feel this is an exciting opportunity to help this
area improve on an urban scale. Unfortunately the codes and regulations are not in place at tlus time to help
kick off tllis vision. Due to this fact, we are put into a position to ask for variances that we would not
necessarily have to ask for. If we were to stick to the conventional site planning design as site forth in tile
current zoning code tllere would be no need for the following setback variance.
TIle City would like to see tile building positioned closely to the existing R.O.W. along the frant property line
witll tile parking to the rear of the building. We can achieve this by being granted a front and west side
setback variance. We are requesting that the west side setback be reduced from 15 feet to 5 feet with
allowance for a maximum 3' building overhang, and tile front setback be reduced from 25 feet to zero
setback. Actually, the requested front setback would be 3 feet from the air conditioned or enclosed building
space Witll allowance for building overhang and/or colU1lUlS to be in tile 0' - 3' setback zone.
TIle third variance request would be to allow the driveway curb cut to be made 152 feet from tile RO.W. line
from Seacrest Blvd. Current code calls for a minimum of 180 feet in distance to the nearest curb cut. In fact,
existing on the site now is a curb cut only 80 feet away from Seacrest as is shown on the current survey. Our
new design imoroves this position by 72 feet. Without this variance it is impossible to provide !!ill' parking
on the site. Our proposed driveway location is tile maximum distance from Seacrest tllat is possible.
TIle requested variances fall with-in the guidelines of the City's requirements. Meaning tllat tile following
holds true for tile requested variances:
I. Special conditions and circumstances exist which are peculiar to this parcel of land and are not applicable
to other lands in the same zoning district. This condition is due to tile redevelopment which is proposed
along the Martin Luther King Jr., Blvd. RO.W.
2. TIus special condition did not result from the actions of the applicant. The City has requested the
applicant voluntarily confonn to the proposed improvements relative to the redevelopment of Martin
Lutller King Jr., Blvd.
3. Granting of the reqnests will not confer on the applicant any special privilege that is denied by this
Ordinance to other lands, buildings, or structures in the same zoning district.
4. Literal interpretation of the provisions of this chapter would deprive the applicant of rights conunonly
enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work
unnecessary and undue hardship on the applicant.
5. The variances requested are the minimum variances that will make possible the reasonable use of the
land, building, or structure.
6. TIle granting of these variances will be in harmony with the general intent and purpose ofthis chapter and
that such variances will not be injurious to the area involved or otherwise detrimental to the public
welfare.
TI1aI1k you for your time and assistance conceming this matter. If you have any questions, please feel free to
contact me.
Sincerely,
KIMBERLY A.
DELLASTATIOUS AIA,PA
I,LJ~~ &llJl.
Kimberly Dellastatious, AIA,NCARB
President
Attorneys
~
Saunders,
Curtis,
Ginestra
& Gore
BankAtlantic Building
1750 East Sunrise Boulevard
Fort Lauderdaie, Florida 33304-3097
Telephone (305) 525-0531
Direct Lines from:
Miami 940-7928
Boca Raton 368-5799
Fax (305) 761-1952
Maiiing Address: Post Office Drawer 4078, Fort Lauderdale, Florida 33338-4078
April 30, 1992
Mr. and Mrs. Sammy Berry
167 N.E. 2nd Avenue
Delray Beach, Florida 33444
~~\
'!l ~ .
~~
ft,.~y,\>
~y,fJ
\'
RE: Purchase from Heartwood 8, Inc., a Florida corporation
Lots 3 and 4, Block 5, PALM BEACH COUNTRY CLUB ESTATES
Dear Mr. and Mrs. Berry:
In connection with your purchase of property, we transmit
herewith Attorneys Title Insurance Fund Owners Policy No. OPM-
583043 in the amount of $17,000.00.
Also enclosed is original recorded warranty deed from
Heartwood 88, Inc., a Florida corporation.
Should you have any questions regarding the above, please
feel free to contact me.
Very truly yours,
Legal
to ROGER H. STALEY
j sj
Enclosures
R.R. Saunders (1902-19S9)
J.F. Glnestra (1922-1981)
George H. Gore
(of Coun..I)
Robert M. Curtis
Ted P. Galatls, Jr.
Jeffrey M. Herman
Roger H. Staley
F. Andrews Talntor
John A. Thabes
(Alao Admitted In Minnesota)
A.J. Thomas, Jr.
fUND OWNER'S FORM
Schedule B
Policy No.: OPM-583043
This policy does not insure against loss or damage by reason of the following exceptions:
Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as
existing liens by the public records.
1.
2.
3.
4.
5.
6.
Rights or claims of parties in possession not shown by the public records.
Encrollchments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate
survey and inspection of the premises.
Easements or claims of easements not shown by the public records.
Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
Any lien provided by Chapter 159, Florida Statutes, in favor of
any city, town, village or port authority for unpaid service
charges for service of any water, sewer or gas systems serving
the lands described herein.
7. Matters contained on the Plat of Palm Beach Country Club Estates,
as recorded in Plat Book 11, page 43, of the Public Records of
Palm Beach County, Florida.
8. Road Plat as in MS 5, page 179 and MS 5, Page 163, Public Records
of Palm Beach County, Florida.
OWNER'S FORM
Schedule A
Policy No.: OPM-583043
Effective Date: December 5, 1991
11:56 a.m.
Agent's File Reference: BANKA 89578
Amount of Insurance:
$17,000.00
1. Name of Insured:
SAMMY BERRY JR. and EULA MASON-BERRY, his wife
2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other. specify
same) and is at the effective date hereof vested in the named insuretrfjhown by instrument recorded in Official
Records Book 7044 , Page , of the Public Records
of Palm Beach County, Florida.
3. The land referred to in this policy is described as follows:
Lots 3 and 4, Block 5, PAlM BEACH COUNTRY CLUB ESTATES, according
to the Plat thereof, as recorded in Plat Book 11, at Page 43, of
the Public Records of Palm Beach County, Florida.
NAME OF AGENT
Post Office Drawer 4078
MAILING ADDRESS
AGENT NO.
Fort Lauderdale
CITY
ISSUED BY
SAUNDERS, CURTIS, GINESTRA
& GORE, P.A.
RCGER H. STALEY, ESQ.
1278
33338
, Florida
ZIP
IAmencan Land Ti ssoc'^tlOn Owne(~ Policy - Form B 1970 - Am 2d 10-17.84/
OWNER'S TITLE INSURANCE POLICY
Attorneys' Title Insurance Fund, Inc.
ORlANDO, FLORIDA
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, TI:fE EXCEPTIONS CONTAINED IN
SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HEREOF, ATIORNEYS' TITLE INSURANCE FUND, INC.. a Florida corporation, herein called
The Fund, insures, as of Effective Date of policy shown in Schedule A, against loss or damage,
not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and
expenses which The Fund may become obligated to pay hereunder, sustained or incurred by
the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as
stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title.
In Witness Whereof, ATIORNEYS' TITLE INSURANCE FUND, INC. has caused this policy to be
signed and sealed as of the date of policy shown in Schedule A, the policy to become valid
when countersigned by an authorized signatory.
"""~';NSU~.,
.>'<"'~ r;;.,'i
f $ (,.oQPo.t.t~ i\
~ ~ ...- ~ ~
\'t SEAL ~f By
\L, '~,l
""""" FLORIO"'",,"'"
""""m"""-
Attorneys' Title Insurance Fund, Inc.
~ ~JJt1.-IJ~
Charles J. Kovaleski
President
SERIAL
ISSUED BY
SAIlNDERS, CURTIS, GINESTRA
& GORE, P .A.
Rl:X;ER H. STALEY, ESQ.
OPM- 583043
NAME OF ACENT
FUND FORM OPM/MC&059/2/891
,es, attorneys' fees and expen;~"shall reduce th\
.t ofthe insurance pro tanto. No payment shall be made
ut producing this policy for endorsement of such
ent unless the policy be lost or destroyed, in which
-roof of such loss or destruction shall be furnished to the
.ction of The Fund.
"ility Noncumulative
Exclusions from Coverage
The following matters are expressly excluded from the coverage of this policy:
1. (a) Governmental police power.
(b) Any law, ordinance or governmental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and
zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the
land, or regulating the character, dimensions or location of any improvement now or hereafter
erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area
of the land, or any parcel of which the land is or was a part.
(d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a
defect, lien or encumbrance resulting from a violation has been recorded at Effective Date of policy
in those records in which under state statutes, deeds, mortgages, lis pendens, liens or other title
encumbrances must be recorded in order to impart constructive notice to purchasers of the land for
value and without knowledge; provided, however, that without limitation, such records shall not be
construed to include records in any of the offices of federal, state or local environmental protection,
zoning, building, health or public safety authorities.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at
Effective Date of policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or
agreed to by the insured claimant; (b) not known to The Fund and not shown by the public records
but known to the insured claimant either at Effective Date of policy or at the date such claimant
acquired an estate or interest insured by this policy and not disclosed in writing by the insured
claimant to The Fund prior to the date such insured claimant became an insured hereunder; (c)
resulting in no loss or damage to the insured claimant; (d) attaching or created subsequerit to
Effective Date of policy; or (e) resulting in loss or damage which would not have been sustained if
the insured claimant had paid value for the estate or intere~t insured by this policy.
_onditions and Stipulation
1. Definition of Terms
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and,
subject to any rights or defenses The Fund may have had
against the named insured, those who succeed to the interest
of such insured by operation of law as distinguished from
purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage
hereunder.
(c) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by
reason of any public records.
(d) "land": the land described, specifically or by reference in
Schedule A, and improvements affixed thereto which by law
constitute real property; provided, however, the term '1and"
does not include any property beyond the lines of the area
specifically described or referred to in Schedule A, nor any
right, title, interest, estate or easement in abutting streets,
roads, avenues, alleys, lanes, ways or waterways, but nothing
herein shall modify or limit the extent to which a right of
access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other
security instrument.
(f) "public records"; those records which by law impart
constructive notice of matters relating to said land.
2. Continuation of Insurance After Conveyance of Title
The coverage of this policy shall continue in force as of
Effective Date of policy in favor of an insured so long as
such insured retains an estate or interest in the land, or holds
an indebtedness secured by a purchase money mortgage
given by a purchaser from such insured, or so long as such
insured shall have liability by reason of covenants of warranty
made by such insured in any transfer or conveyance of such
estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such insured
of either said estate or interest or the indebtedness secured by
a purchase money mortgage given to such insured.
3. Defense and Prosecution of Actions - Notice of Claim
To Be Given by an Insured Claimant
(a) The Fund, at its own cost and without undue delay, shall
provide for the defense of an insured in aU litigation consisting
of actions or proceedings commenced against such insured, or
a defense interposed against an insured in an action to enforce
a contract for a sale of the estate or interest in said land, to the
extent that such litigation is founded upon an alleged defect,
lien, encumbrance, or other matter insured against by this
policy.
(b) The insured shall notify The Fund promptly in writing
(i) in case any action or proceeding is begun or defense is
interposed as set forth in (a) above, (ii) in case knowledge shall
come to an insured hereunder of any claim of title or interest
which is adverse to the title to the estate or interest as insured,
and which might cause loss or damage for which The Fund
may be liable by virtue of this policy, or (iii) if title to the estate
or interest, as insured, is rejected as unmarketable. If such
prompt notice shall not be given to The Fund, then as to such
insured all liability of The Fund shall cease and terminate in
regard to the matter or matters for which such prompt notice
is required; provided, however, that failure to notify shall in
no case prejudice the rights of any such insured under this
policy unless The Fund shall be prejudiced by such failure and
then only to the extent of such prejudice.
(c) The Fund shall have the right at its own cost to institute
and without undue delay prosecute any action or proceeding
or to do any other act which in its opinion may be necessary or
desirable to establish the title to the estate or interest as
insured, and The Fund may take any appropriate action
under the terms of this policy, whether or not it shall be liable
thereunder, and shall not thereby concede liability or waive
any provision of this policy.
(d) Whenever The Fund shall have brought any action or
interposed a defense as required or permitted by the
provisions of this 'policy, The Fund may pursue any such
litigation to final determination by a court of competent
jurisdiction and expressly reserves the right in its sole
discretion, to appeal from any adverse judgment or order.
(e) In all cases where this policy permits or requires The
Fund to prosecute or provide for the defense of any action or
proceeding, the insured hereunder shall secure to The Fund
the right to so prosecute or provide defense in such action or
proceeding, and all appeals therein, and permit The Fund to
use, at its option, the name of such insured for such purpose.
Whenever requested by The Fund, such insured shall give
The Fund all reasonable aid in any such action or proceeding,
in effecting settlement, securing evidence, obtaining wit-
nesses, or prosecuting or defending such action or proceeding,
and The Fund shall reimburse such insured for any expense
so incurred.
4. Notice of Loss - Limitation of Action
In addition to the notices required under paragraph 3 (b) of
these Conditions and Stipulations, a statement in writing of
any loss or damage for which it is claimed The Fund is liable
under this policy shall be furnished to The Fund within 90
days after such loss or damage shall have been determined
and no right of action shall accrue to an insured claimant until
30 days after such statement shall have been furnished.
Failure to furnish such statement of loss or damage shall
terminate any liability of The Fund under this policy as to
such loss or damage.
5. Options To Payor Otherwise Settle Claims
The Fund shall have the option to payor otherwise settle
for or in the name of an insured claimant any claim insured
against or to terminate all liability and obligations of The Fund
hereunder by paying or tendering payment of the amount of
insurance under this policy together with any costs,
attorneys' fees and expenses incurred up to the time of such
payment or tender of payment, by the insured claimant and
authorized by The Fund.
6. Determination and Payment of Loss
(a) The liability of The Fund under this policy shall in no
case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A.
(b) The Fund will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured in
litigation carried on by The Fund for such insured, and all
costs, attorneys' fees and expenses in litigation carried on by
such insured with the written authorization of The Fund.
(c) When liability has been definitely fixed in accordance
with the conditions of this policy, the loss or damage shall
be payable within 30 days thereafter.
7. Umitation of Liability
No claim shall arise or be maintainable under this policy
(a) if The Fund, after having received notice of an alleged
defect, lien or encumbrance insured against hereunder, by
litigation or otherwise, removes such defect, lien or encum-
brance or establishes the title, as insured, within a reasonable
time after receipt of such notice; (b) in the event of litigation
until there has been a final determination by a court of
competent jwisdiction, and disposition of all appeals therefrom,
adverse to the title, as insured, as provided in paragraph 3
hereof, or (c) for liability voluntarily assumed by an insured in
settling any claim or suit without prior written consent
of The Fund.
CONDmONS AND STIPUIA nONS (continued on reverse side)
CONDmONS AND STIPULATIONS (rontinued)
8. Reduction of Liability
All payments under this policy, except payments made
for costs, attorneys' fees and expenses, shall reduce the
amount olthe insurance pro tanto. No payment shall be made
without producing this policy for endorsement of such
payment unless the policy be lost or destroyed, in which
case proof of such loss or destruction shall be furnished to the
satisfaction of The Fund.
9. Liability Noncumulative
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount The
Fund may pay under any policy insuring either (a) a
mortgage shown or referred to in Schedule B hereof which is a
lien on the estate or interest covered by this policy or (b) a
mortgage hereafter executed by an insured which is a charge
or lien on the estate or interest described or referred to in
Schedule A. and the amount so paid shall be deemed a
payment under this policy. The Fund shall have the option to
apply to the payment of any such mortgages any amount that
otherwise would be payable hereunder to the insured owner
of the estate or interest covered by this policy and the
amount so paid shall be deemed a payment under this policy
to said insured owner.
10, Apportionment
If the land described in Schedule A consists of two or more
parcels which are not used as a single site, and a loss is
established affecting one or more of said parcels but not alL
the loss shall be computed and settled on a pro rata basis as if
the amount of insurance under this policy was divided
pro rata as to the value on Effective Date of policy of each
separate parcel to the whole, exclusive of any improvements
made subsequent to Effective Date of poHcy, unless a
liability or value has otherwise been agreed upon as to each
such parcel by The Fund and the insured at the time of the
issuance of this policy and shown by an express state~
ment herein or by an endorsement attached hereto.
11. Subrogation Upon Payment or Settlement
Whenever The Fund shall have settled a claim under this
policy, all right of subrogation shall vest in The Fund
unaffected by any act of the insured claimant. The Fund shall
be subrogated to and be entitled to all rights and remedies
which such insured cWIDant would have had against any
person or property in respect to such claim had this policy
not been issued, and if requested by The Fund, such insured
claimant shalltransfe~ to The Fund all rights and remedies
against any person or property necessary in order to perfect
such right of subrogation and shall permit The Fund to use
the name of such insured claimant in any transaction or
litigation involving such rights or remedies. If the payment
does not cover the loss of such insured claimant, The Fund
shall be subrogated to such rights and remedies in the propor-
tion which said payment bears to the amount of said loss. If
loss should result from any act of such insured claimant, such
act shan not void this policy, but The Fund,. in that event,
shall be required to pay only that part of any losses insured
against hereunder which shall exceed the amount, if any, lost
to The Fund by reason of the impairment of the right of
subrogation.
12. Liability Limited to This Policy
This instrument together with all endorsements and other
instruments, if any, attached hereto by The Fund is the entire
policy and contract between the insured and The Fund.
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to the
estate or interest covered hereby or any action asserting such
claim, shall be restricted to the provisions and conditions and
stipulations of this policy.
No amendment of or endorsement to this policy can be
made except by writing endorsed hereon or attached hereto
signed by either the President, a Vice President, or agent of
The Fund.
13. Notices, Where Sent
All notices required to be given The Fund and any
statement in writing required to be furnished The Fund shall
be addressed to its principal office at Post Office Box 628600,
Orlando, Florida 32862-8600.
Aboulyour policy...
ThIS poliCY prOVides valuable title proreaion. You should keep It In a safe place where It will be readily available for future
reference, There is no recurring premium.
~
....
0 ::.
~ ttl :::j
~m 0 [~
g-~ :<l ;.:l
..."' ~ ~ t"T"l 0
-':> i:li .8 ~e;O 0 Z ~
:!l'" ~~~ 1-' Vl
o Cl .... ~ tT1
~~ ." n
5 "< :;0
li!go i'2 n,,-< Vl
52 ttlrll
~" ~ ... Q
~ S
e:
...
po.
--------,-
,. '.'J" 0 .." ;;;~;;w,,~~ .'''~o;~LEY, E.
P.O. Drawer 4078
Add...., Fort Lauderdale, FL 33338
WARRANTY OEEO, SPECl"
(FAOM CORPO.....TION)
RA.MeO F"ORM 33-3/4
This Instrument Prepared by:
ROGER H. STALEY, ESQ.
Add._, SAUNDERS, CURTIS, GINESTRA &
1750 East Sunrise Boulevard
Fort Lauderdale, FL 33304
Property Appraisers Percel Identification (Folio) Number(s):
~
i
8
if
:~
..
..
OEC-Q5-1991 H:56aill 91-344502
ORE. 7044 p<j 111 7
GO
.~
6
Con 17,OOQ,QQ Doc 1G2.GO
JOHN B OUNKLE,ClERK - PB CCUNiY, Fl
Grantee!sl 5.S. '!sJ:
SPACE ABOVE THIS UNE FOR PROCESSING DATA
SPACE ABOVE THIS UNE FOA RECORDING DATA
~~tll &pectal Ilarrautv Duh Made and executed tlw 3rd day of October. A.D. 1991, by
HEARTWOOD 88, INC., a Florida corporation
a corporation existing under the laws of State of Florida , and hamng its principal place of
busintssat 1750 East Sunrise Boulevard, Fort Lauderdale, FL 33304
Iwreinajter called the grantor, to
SAMMY BERRY, JR. and EULA MASON-BERRY, his wife
whosepostojfi.ce address is 167 N.E. 2nd Avenue, Delray Beach, FL 33444
hereinajter called tlw grantee:
(WMnwer uwd t\erek\ the \.mw -9'"an\Of" and "9fW'" ~alllnc\uOll alngular and plural, allth. pa.rties 10 this instrument, the he!(S,
legal repr-..ntallwl, and auigns or Individuals, and the suc:celSOl'l and assign. 01 corporlllions, wherever the context 50 admits or
requlrn.)
.itueJllld~. That the grantor, for and in consideration of the sum of $ 10. 00 and otlwr
'lJ(I,luable considerations, receipt whereofis hereby acknowledged, by these presents does grant, bargain, sell, alien,
remise, release, convey and confirm unto the grantee, all that certain land situate in Palm Beach
County, State of Florida , mz: .
Lots 3 and 4, Block 5, PALM BEACH COUNTRY CLUB ESTATES,
according to the Plat thereof, as recorded in Plat Book 11,
at Page 43, of the Public Records of Palm Beach County,
Florida.
SUBJECT TO
of record,
years.
~ngd~tt. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
~n J{aue auh tn J{nlh. the same in fee simple forever.
'-uh the grantor Iwreby wvenants with said grantee that the grantor is lawfully seized of said land in fee
si'l1lJlle;that ;,t has good, right and lawful authority to sell and convey said land; that it hereby fully warrants the
.,.,ti~e.tv 8a.l~ze.1rd..~nd will defend tlw same against the lawful claims of all persons claiming by, through or under the
".' SU\d,'g'tIL'>>.tor. (J '" '. .
. /." e,>. <9\ 3J. Ill.
l t; :: Std,OR!O)tl\~ f u itUtll.ll .,tttnf. the grantor has caused these presents to be executed in
.' : . J (:, ~_: &gA;Lt, .. its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto
", -;:) [)~-"~'ov:' ,,:.: duly authorized, the day and year first abave written.
".. "'1 ,.-..>y.. co). ./":/
Ai':n<$.'f.:.".. 12Ut/db HEARTWOOD 88. INC.
...." li 1 'J . Carvalho ecretary
si'.' It; s delivered in presence of:
reservations. restrictions, limitations and easements
if any, and to taxes for the year 1991 and subsequent
By:
~ ~.
.
-'~ 4.)
~I. ent ignature)
-:::r;-ll -5'.:r 0 ,,-:e S
Pn.,,", N~ I.J. ..:::lu.-~/
Wiu- Signa:;;,. ~.. Ih -;;- r--
pn',,",N.fICUj.2t. rtt<2~
STATE OF Florida
COUNTY OF Broward
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared Lewis Sarrica and Jean Carvalho
well known to me to be the President and Secretary , ,'espectively 01 HEARTWOOD 88, I C.
the corporation named 88 grantor in the foregoing deed, and that they severally acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in them by said cor:poration and that the seal affixed thereto is the
true corporate seal of &aid corporation.
WITNESS my hand and offfcial seal in the County and StIIII!!last ala
A.D. 19 91 . r'" ~.~. '1
i (l.'') \
} .!
... .. Printed Notary Signature
: If-.f\. L(.;o;F' TA.'" \
"*:~rE: 0: t~." \ My Comllussloll Expll-e~
, .........,,*..1-
SEA~.
"QFF1C1AL NOTAR~
.~1 Ll ;:, r JQ~~~? /~;
Lewis Sarrica
Printed Name
SEAL
fI!CClIlO VEMlFIED,
M.M BEACH COUNTY, PlA.
-,., ..
, J
SELLER:
CLOSING STATEMENT
HEARTWOOD 88, INC., a Florida corporation
PURCHASER:
SAMMY BERRY, JR. and EULA MASON-BERRY, his
wife
Lots 3 and 4, Block 5, PALM BEACH COUNTRY
CLUB ESTATES, Plat Book 11, Page 43, Public
Records of Palm Beach County, Florida.
PROPERTY:
DATE OF CLOSING:
November 12, 1991
BROKER:
Auction Services International, Inc.
PURCHASE PRICE:
DEPOSIT (held by Stewart Title):
PRORATION of 1991 TAXES
(Based on 1991 $868,92
2.38 per diem; 48 days):
BALANCE DUE SELLER:
PURCHASER'S EXPENSES:
Record Deed:
TOTAL PURCHASER'S EXPENSES:
BALANCE DUE SELLER:
PLUS PURCHASER'S EXPENSES:
BALANCE DUE FROM PURCHASER:
SELLER'S EXPENSES:
Documentary Stamps on Deed:
Title update:
1988 Delinquent taxes:
1989 Delinquent taxes:
1990 Delinquent taxes:
1991 Real Estate taxes:
Tax Statement:
Owners title insurance:
Attorneys fees and costs
for quiet title action:
Real Estate Commission:
Violation Lot Clearing:
TOTAL SELLER'S EXPENSES:
BALANCE DUE SELLER:
PLUS DEPOSIT:
LESS SELLER'S EXPENSES:
NET DUE SELLER:
ACCEPTED FOR SELLER:
HEARTWOOD 88, INC.
BY
$17,000.00
$ 2,500,00
114.24
14,614.24
$17,114.24
$17,114.24
$6,60
$6.60
$14,614.24
6.60
$14,620.84
$102.00
175.00
318.32
1,138.67
1,043.93
868.92
2.00
100.00
2,534.40
1,360'.00
125.00
$ 7,768.24
$14,614.24
2,500.00
7,768.24
$ 9,346.00
ACCEPTED FOR PURCHASER:
;\.,~.~4:S
SAMMY BE Y, JR. ..
~1Ii~-~~
EULA MASON- ERRY
VIII.
Martin Luther King Boulevard
Martin Luther King (MLK) Boulevard has a rich history as a former neighborhood
commercial center in Boynton Beach. The boulevard has fallen on hard times in
recent years with the movement of the city's commercial center west of 1-95.
With proper land use planning and urban design, this primary street can redevelop as
a mixed use area with commercial uses at the intersection of Seacrest Boulevard and
MLK Boulevard, and a mix of office and residential uses to the east.
Land Use Plan
Figure 30 highlights the future land use pattern proposed for MLK. A traffic calming
improvement at Seacrest Boulevard and MLK Boulevard is also proposed to slow
traffic, increase potential for commercial traffic to stop in the area, and enhance safety
for residents and school children. This improvement will also facilitate the
development of new commercial uses and a business incubator at the corner of
Seacrest Boulevard and MLK Boulevard.
The consulting team has developed prototypes which can easily accommodate home-
based businesses and even small-scale retail uses on the same site with residential
uses in the MLK area. Figures 31 a and 31 b present a number of building options
designed to allow higher density residential uses to be mixed on the same site with a
home-based businesses.
Traffic Calming
Citizens within the study area have expressed concerns with the speeds along
Seacrest Boulevard, a five (5) lane facility throughout the study area. The impact of
speed vehicles is exacerbated by the curvilinear alignment north of Boynton Beach
Boulevard. There is also a problem with single family residences fronting Seacrest
Boulevard and having to back out of driveways into moving traffic.
September. 1998
Martin Luther King Boulevard
Boynton Beach Vision 20/20
Redevelopment Master Plan
Page 90
mo~'J o~..:;
W-~~.
"ON '0
High Density Housing
Home Based Business
Figure 31 a
BUILDING OPTIONS:
I. FRONT TO BACK (2 UNITS PER LOT)
DISPLAY AREA
FRONTING STREET
I r
UNIT:
#1 I
I
11
UNIT
#2
VENDOR.TYPE (5' TYP. DEPTH) DISPLAY
WITH ROLL DOWN ENCLOSURE
II. UP AND DOWN (2 UNITS PER LOT)
HOUSING
DISPLAY
III. STAGGERED UNITS (2+ UNITS PER LOT)
DISPLAY
Boynton Beach Vision 20120
Redevelopment Master Plan
Page 92
['" O~.C.
roO J.CI
o .. ()
).. . . v-
'V, <e>'"
ON
September. 1998
Martin Luther King Boulevard
High Density Housing
Home Based Business
PARKING OPTIONS:
Figure 3 1 b
I. DIAGONAL ON-STREET PARKING
MARTIN LUTHER KING JR. BLVD.
Ju;Ml:1 ~~IT I ..
~ #2
II. COURTYARD PARKING WITH URBAN WALL
SIDEWALK
-::1 I U~;T If U~IT I
#1 ,#2
qy
III. REAR PARKING
September. 1998
Boynton Beach Vision 20/20
Redevelopment Master Plan
Page 93
m~nJo~ I
0-- U
" V'
I\I"'ON e.~
Martin Luther King Boulevard
It is recommended that the City further explore a CRALLS (Constrained Roadway at
Lower Level of Service) designation for Seacrest Boulevard. This concept is
supported by the Palm Beach County Engineering. Under the CRALLS scenario
Seacrest Boulevard would be reduced to two (2) thru lanes without hindering
redevelopment of the downtown area.. This would slow traffic, create a more
pedestrian and bicycle friendly environment, and still allow Seacrest to function as a
north-south thoroughfare.
To begin this process and also facilitate the redevelopment of the area around Martin
Luther King Boulevard, it is recommended that Seacrest north and south of MLK
Boulevard be reduced to two lanes to reduce traffic speeds, make pedestrian usage
easier, and allow greater visibility and accessibility of commercial uses on MLK near
Seacrest. The estimated cost for this initial traffic-calming improvement is $60,000.
Business Incubator
The northeast corner of Seacrest and MLK Boulevards is a potential site for the
construction of a business incubator for local start-up companies and entrepreneurs.
The facility could also house job training, interview counseling and resume preparation
services for local residents. In addition, a computer linkage to job and contract bid
announcement bulletins boards maintained by the Business Development Board, Palm
Beach County and other entities could be provided. The estimated cost of this facility
would be $350,000.
September, 1998
Martin Luther King Boulevard
Boynton Beach Vision 20/20
Redevelopment Master Plan
Page 94
"'~'''.J O~. r
0. . u
~. .,.
'Y"ON <00
1'-' L~ liE is U !:J ~ Iii:
1 i t
I : .!I!
I~ul JAN -'.5 2W' :21
I L---
KIMBERLY A. I Pzc,;'~,;:ii"~ i:P
DELLASTATIOUS AIA,PA
422 North Dixie Highway
Lake Worth, Florida 33460
561-582-5622
EXHIBIT "B"
December 2, 1999 REVISED 12/14/99, 1/5/00
Re: Sammy Berry Building Zoning Variance Submittal, 110 Martin Luther King, Jr. Blvd.
We are proposing an approximately 2.950 sf Office / Relail one story building on Martin Luther King Jr. Blvd. Due to
the proposed redevelopment of Martin Lutrer King, Jr. Blvd., we have been asked by the City to voluntarily comply with
their redevelopment concepts. We feel this is an exciting opportunity to help this area improve on an wban scale.
Unfortunately tbe codes and regulations are not in place at this time to help kick olf this vision. Due to this fact. we are
put into a position to ask for v~ that we would not necessarily have to ask for. If we were to stick to the
conventional site planning design as site forth in the current zoning code there would be no need for the following
setback variance.
TIle City would like to see the building positioned closely to tile existing ROW. along the front property line witll tile
parldng to tile rear of tile building. We can achieve this by being granted a front and west side setback variance. We are
requesting that tile west side setback be reduced from 15 feet to 5 feet with allowance for a maximwn 3' building
overhang, and the fro1l1 setback be reduced from 25 feet to zero setback. Actually, tile requested fro1l1 setback would be
3 feet from the air conditioned or ellClosed building space with allowance for building overhang and/or colwnns to be in
tile 0' - 3' setback zone.
The requested variances full with-in the guidelines of the City's requirements. Meaning tlJat tile following holds true for
the requested variances:
1. Special COnditiOIlS and circwnstances exist which are peculiar to this pan:el of land and are not applicable to otller
lands in the same zoning district TIIis condition is due to the redevelopment which is proposed along the Martin
Luther King Jr., Blvd. RO, W.
2. This special condition did not result from the actiollS of the applicant The City has requested the applicant
voluntarily confonn to the proposed improvements relative to the redevelopment of Martin Lutller King Jr., Blvd.
3. Granting of the requests will not confer on the applicant any special privilege that is denied by tllis Ordinance to
other lands, buildings, or structures in the same zoning district.
4. Uteral imerpretation of tile provisions of this chapter would deprive the applicant of rights commonly e11ioyed by
other properties in the same zoning district under the tenns of the Ordinance and would wOlk unnecessary and
undue hardship on the applicant.
5. TIle variances requesled are the minimum variances that will make possible tile reasonable use of tile land, building,
or structure.
6, The granting of these variaDCes will be in hannony with the general intent and purpose of this chapter and that such
variances will not be injurious to tile area involved or otllerwise detrimental to the public welfare.
TIllU1k you for your time and assistance concerning this matter. If you have any questions, please feel free to contact me.
Sincerely,
KIMBERLY A.
DELLASTATlOUS AlA,PA
,,~no1~
President
.
PALM BEACH COUNTY
REQUEST FOR DATA RUN
PROPERTY INFORMATION REQUEST
NAME OF COMPANY AND/OR INDIVIDUAL:JlfVl65Kl-1 A-. t1)EL.U\';.//..,-n(.'US AIA/PA
ADDRESS: Y?.2.. N.t)\'t-IG I1wL.{. LA(<.El,~OR,...1:\4 \'=L- -))~bO
TELEPHONE NUMBER: ~ ~,,\. S ~ 'L <; (" 7.. ~
DESCRmWN OF RUN OR AREA REQUESTED, Y(() 'r r~J;y
CO~-~2r~S--d.l=-'O-OOS -O()30 ~LAD il2c+)
v
& LABEL8:::)
HOMEOWNERS ASSN
INDIVIDUAL OWNERS NAMES
OF EACH CONDO UNIT
TAX ROLL RECEIPT
CHECK ONE:
~T'Il~"'J5
PRINT-OUT
PRINT-OUT
I, THE UNDERSIGNED, WISH TO ORDER THE ABOVE DESCRIBED DATA RUN.
I UNDERSTAND THAT I WILL BE RESPONSIBLE FOR ANY CHARGES INCURRED.
PLEASE CONTACT,
PHONE #355-2358
#355-2352
CLARICE P. PETERKIN , ,
OR FAX 355-4416 ~ n .n nA~'
GLORIA DEAN W,\.Y,ltt' \\Y<.tY.Yo.-vL\;i,1/VY'-
(SIGNAT E)
~?~rlq .
(A )
OSf\ r ~ b*, IJj Q/qq,
Certified To : Sammy Berry, Jr., Est, e and W. Eula Mason-Berry
Prooertv Address: 110 Martin Luther King, Jr., Blvd., Boynton Beach,
FL
Flood Zone: C (FIRM 120196 0004C 9-30-82)
Descriotlon:
Lots 3 and 4, Block 5, PALM BEACH COUNTRY CLUB ESTATES,
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 11, Page 43.
Additiooal Notes:
7) Elevations shown hereon are based on N.G.VD. 1929.
8) Originating Bench Mark = Palm Beach County "Jeray" Elevation = 18.64'
9) Site Bench Mark ~ south side of sidewalk at northeast lot comer. Elevation = 16.50'
'07/{'S 5"Rv"'Y -<le:-U,<:T.5
A~L~A5~eNTS.~W
AS "E~ r/Tl.€. '
/N.:sUI=(.o.NCE.. r::'OLlCY ...,>(j
#0.<'/0-1-5830'1'3 \,.
P4T~O /2-'-:;/
4.7TORIVe.Y:5 rffl~
/N~. ;::"C/NO.
FO. "PK" NAil
(@PI)
HARTIN LUTHER KING JR. BOULEVARD (FlEW)
. (AliV'A "NE, 10TH AVE"). WELLS ~VENUE (Pu4T) .
1,~ ~1, ~~ \;1, ~~
J -=-.z:,/- _,~ 2- _ %-
:~ (50'/ItW) L N 9000'OO"E (3;PAVEO) f:~
l~ \ ,\ 1...... '
, ~ ..'/- 1,~ ..'/- \~ ..'/- ,~1, <'/-
: \\;fjl"0" \\;'ifJ\\" \\;',i" i \'oft?
N 90 00'00' E (BR
~~
~~, \\'
~ ~ ~ '\....flRE 0.0'
~ '=:... -..l HYDRANT
... ~ ~ (54.6' W, 4.0 5)
"..y:; ~
~~ ~ \~
~!l5\..:l
~y:;~
;5~\!l
~ t'S
IIii
....
tl
ei
~
LOT2
(BI()(K5)
'"
~
'"
~
~
~
\~.
;,
'"
,
,
,
,
,
,
,
,
i
!
r
,
I
,
11.-
~
\'0'
LOT 5
(BI()(K 5)
~.
\'0'
1.1'
fO. 1/2'
IR&CAP LOT5
(6071)
(5.0' Wi (BI()(K 4)
· 1,9/
\~. J
U VOTES:
.) Lands shown hereon were not abstracted by thi~ ORiee for easements, ri is-of-way, or
er instruments of record. This survey does not rencct or determine owners lip.
2.) No underground improvements loctated unless shown.
3.) All bearing:; and distances shown hereon are plat and measured unle~ otherwise noted.
4.) This survey is valid in accordance with F.S. 621.1842. for 90 days from survey date.
5.) Unless it bean the signature and the original raised seal ora Florida licensed surveyor
and mapper. dlia map/report is for infonnationalllurposes on'y and is 110t valid.
6.) This finns "Certificate of Audlorization" number is "LO 6838".
LEO END
CALC. . CALCULATED
CI, . CONCRETE eLoeM STRUCTURE
It. . CENTERLINE
C.M . CONCRETE MONUMENT
CONC. . CONCRETE
D.E . DRAINAGE E.\Sf.
0If . DRAIN FIELD
-I-E-E- . AERIAL UTILITY WIRES
tAlE. . EASfM!NT
ILlV . ELEVATION
F F . FINISHED FLOOR
fa . FOUND
IP IRON PIPE
IR . IRON ROO
I.R. I C., ...... IRON ROO WI PLASTIC CAP
lABELED '"MlS INe LB 5312
l . ARC LENGTH
ME AS ' MEASURED
NITT. NAill TIN TAB
N I W . NAil & WASHER
NGvO . NAHOHAl GEODETIC VERTICAL DATUM
B R ' BEAI1tNfl REFERENCE
ORB' OFFICiAl RECORD BOOK
P B . PLAT BOOK
PC' POINT OF CURVA TURE
PC C ,POINT OF COMPOUND CURVATURE
PCP . PERMANENT CONTROL POINT
PO 8. . POINT OF BEGINNING
P 0 C . POINT OF COMMENCEMENT
PAC . POINT OF AEVEASE CURVATURE
P R M . PERMANENT REFERENCE MONUMENT
PI' POINT Of INTERSECTION
R . RADIUS
RIW . RIGHT. OF . WAY
I S. I W . SHIP SPIKE I WASHER
SIT. SEPTIC TANM
U E ,UTllIT'( EASEMENT
A ' CENTRAL ANGU
-.~...~ . CHAIN LINK FENCE
-O~ . WOOD fENCE
~ . CONCRETE flATWORK
I HEREBY CERTIFY this survey meets the Minimum Technical Standards set forth by the Florida 80
Mappers In Chapter 61G17~6, Florida Administrative Code, pursuant to Section 472.027, Florida e
, This survey Is Invalid without embossed surveyor's seal. .
BOUNDARY SURVEY
i /" = 3CJ'
SCALE MILLER LAND SURVEYING
I OR /'?'c-rI R 0
1121 LAKE AVE.
I FIELD LA,(J/I/?t:"e- 561-566-2669
9/.2t? /.?? LAKE WORTH. FLORIDA 33460
~ DATE
REFERENCES
5" ~? / .?6'
JOB NO.
99-025-6'
s- 3cJ 83-fl-
,
Certified To: Sammy Berry, Jr., Esquire and W. Eula Mason-Berry
Pronertv Address: 110 Martin Luther King, Jr., Blvd., Boynton Beach,
FL
Flood Zone: C (FIRM 120196 0004C 9-30-82)
Descrintion:
Lots 3 and 4, Block 5, PALM BEACH COUNTRY CLUB ESTATES,
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 11, Page 43.
Additional Notes:
7) Elevations shown hereon are based on N.G. VD. 1929.
8) Originating Bench Mark = Palm Beach County "Jeray" Elevation = 18.64'
9) Site Bench Mark = south side of sidewalk at northeast lot comer. Elevation = 16.50'
I'V'TN/S S<J-"?V<Y ReFU~r:T';-
A~LEAS~eNTJ~~W
AS I"~,t:( T/TL€. '
/N.:!SOA.a.NCt!E. roucy ...~~
#OPM-s830Y3 ,"
P4.TcO /2-'.:;/
<ATToRNeys rff~C-
/N~. ,c-UNO.
FO. "PK' NAil
(@P.i)
MARTIN LUTHER KING JR. BOULEVARD (FIELD)
, ( AlfC/A "N.E 10TH AVE"). WELLS ~ VENUE (PIA T)
,,~ :i 1~ 1>" ~
J ---=- Y:- ,'75 7- _ %
:~ (50' R;W) 1: N 90 OO'OO"E (3;'PAVED) f:~
l<'\.j , , \ ~ \"\, :t
: ,I>Y~'<'" I>'Y~'<'" \I>'~ ",<'" ,I>' ~,,<'" : \I>~ ",<'"
: ~. ~' ~' G\ ~ G\'
N 90 00'00' E (OR
,,~
<::;-~, ,1'
fj;j ~ ~ "-FIRE 0.0'
~ ~ -.J HYDRANT
..... t:c; ~ (54.6'W, 4.0 S)
-."., ~
~~ ~ ,1
~~es '"
"'''''
"""l;'51::::
.... \::!
l:::5 t.'l
IlI.\
....
la
~
~
LOT2
(BIIXK 5)
'"
!!1.
~
,~.
;.,
~
~
<:>
'"
5' HI6H
65.40'1
,
,
.
,
,
,
,
,
I
,;
!
I
::,
.::
~: ,
"
;5A.N/T;
/'1 U( hOt.€:
,I>'~ /:12:t L
- ---...
--
POU13<~ ~,
:Se"Nlce PeR
~',<'" C/T}'
j1i} [URB
2' VALLE), GUTTER
5'W'l
FIRE
HYDRANT
(104.4'[, I.ON)
~
,I>'
LOT5
(BIIXK 5)
l'
,I>.
1.1'
FD. 1/2"
IR.JCAP LOTS
(6071)
t.o' W) (BLir,4~
'1--..ff
U V OT
.) Lands shown hereon were nol abstracted by Uti:; Office for cnsemenLs, ri ts-or.way, or
ther instruments of record. This survey does nol reflect or delermine owners lip.
2.) No underground improvements localed unless 5ho\\".
3.) All belU"ings and distances shown hereon are pial and measured unless otherwise noted.
4.) This survey is valid in accordance with F .S. 627.1842. for 90 days from survey date.
5.) Unless il bears Ihe signature and the original raised seal ofa florida licensed surveyor
and mapper, this map/report is for info"nalionalllUrposes on'y and is nol valid.
6.) This lions "Certificate of Audtoriulion" number is "Ln 6838".
II 0 I H 0
CALC . CALCUlA TlO
C III . CONCRUI IIlOCK STRUCTURE
<l . CENTERLINE
C.W , CONCRETE MONUMENT
CONe. . CO"fCAUI
D.I . DRAINAGE EASE.
M . ORAIN FiElD
-I-E-E- . AIRIAl UTILITY WIRES
PIl . E....EMINT
IUY. . EUVATKJN
F F . fiNISHED flOOR
fD ' fOUND
I P . IAON PIPE
IA . IRON AOD
IA. . c.. ..t.' IRON ROD WI PLASTIC CAP
lABELED uMlS INC l8 5312
l . ARC lENGTH
MIAS' MEASURED
HITT' NAill TIN TA8
HI W . NAil I WASHER
H 0'1 D . NAflONAl GEODETIC VERTICAL DATUM
B R ' BEARING REFERENCE
OR 8 . OFfiCIAL RECORD 800K
P B . PLAT BOOK,
PC' POINT OF CURVA TURE
PC C ,POINT Of COUPOUNO CURVATURE
PCP . PERMANENT CONTROL POINT
PO B. . POINT OF BEGINNING
po C . POINT OF COMMENCEMENT
PAC . POINT OF AEVERSE CURYA TURE
P R M. . PERMANENT REFEAENCI MONUMENT
PI' POINT OF INTERSECflON
R . AADIUS
RIW . RIGHT. OF . WAY
. .... W . SHIP SPIKE l WASHER
SIT. SEPTIC TANK
U ( 'UTILITY (ASEMENT
A' CINTRAl ANGLE
-.....- . CHAIN LINK fENCE
~-o-o- . WOOD fENCE
c::::!Z) . CONCRETE FlATWORK,
I HEREBY CERTIFY this survey meets the Minimum Technical Standards set lorth by the Florida 60
Mappers to Chapter 61G17-6. Florida AdminlstrBtive Code, pursuant to Section 472.027, Florida e
. Thllluryey II Invalid wllhout embossed surveyor's seal,
BOUNDARY SURVEY
I /" ~ 30'
SCALE MILLER LAND SURVEYING
I DR ~c-/lRD
1121 LAKE AVE.
i FIELD L.A,(3/t R,.Ir 581-588-2889
9/2':/ /.?? LAKE WORTH, FLORIDA 33460
~ DATE
REFERENCES
.5' -f' 7 / .?~
JOa NO.
99-0.2S-6:J
s- 3C' 83~
,