LEGAL APPROVAL
Bulem I. Kasrar/ak, NCARB
Director
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
BUilding
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
December 22, 1998
James Harlow
Florida Engineering and Environmental Services, Inc.
4519 George Road, Suite 130
Tampa, FL 33634
Re:
FileNo.:
Location:
Steak'n Shake
PKL V 98-006
Southwest corner of Old Boynton Rd. & Winchester Park Blvd.
Dear Mr. Harlow:
Enclosed is the City of Boynton Beach Development Order for parking lot variance approval
granted on December 15, 1998.
Should you have any questions regarding this matter, please feel free to contact this office at
(561)742-6260.
Sincerely,
7,--::- w-:, .-: t:
Michael W. Rumpf
Manager of Planning & Zoning
MWR:jma
JISHRDA T A\Planning\SHARED\WP\f>ROJECTSISlealr: n ShakeldeveloporderllLdoc
America's Gateway 10 tile Gulfs/ream
100 Ea" Boyn'on Beach IIIvd.. P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
DEVELOPMeNT ORDER OF THE CITY COMMIe. '";ION OF THE
CITY OF BOYNTON BEACH. FLOR.._A
~.
&~~
PROJECT NAME: Steak 'n Shake
APPLICANT'S AGENT: James Harlow, Florida Engineering and Environmental Services...-'nc..
1" r2 r- -- ., ~ -
APPLICANT'S ADDRESS: 4519 George Road, Suite 130, Tampa, FL 336~' I ;l____.. h _. '_.. '-_, "
; ) I
DATE OF HEARING BEFORE CITY COMMISSION: December 15,1998 ; ~I DEL._ 2 _';
TYPE OF RELIEF SOUGHT: Parking Lot Variance ! rc-.~';:'J-
; ZiJ:,:,,::; :.:'::T.
LOCATION OF PROPERTY: Southwest comer of Old Boynton Road and Winchester Park Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
X HAS
- HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit 'C" with notation "Included".
4. The Applicant's application for relief is hereby
.lL GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED: 18.-lfc-98 m 'tn., ~
City Clerk
JISHROATAIPIam;ng\SHAREDlWP\PROJECTSIS'Hk n Shok.IPKLIIIO_. "doer
EXHIBIT "e"
Conditions of Aooroval
Project name: Steak 'n Shake
File number: PKLV 98-006
Reference: Aoolication dated November 4. 1998
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERJENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
I. NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined. -f No N er
MWRldim
J:ISHRDATAIPLANNINGISHARED\WP\PROJECTSISTEAK N SHAKElPKLVlCOND. OF APPR.PKLV.DOC
MEMORANDUM
TO:
NANCY E. BYRNE
ACTING DIRECTOR OF DEVELOPMENT
FROM:
SUE KRUSE, CITY CLERK
DATE:
AUGUST 12, 1999
RE:
EASEMENt~STEAK N SHA~~/
Attached please find a copy of the above mentioned easement which was recorded in
Palm Beach County on July 29, 1999.
~~~
C:
Engineering
Planning
Utilities
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'3 11262 Pg 271
1~~~~~~~~n~~"m~~"~~~I~
EASEMENT
THIS INDENTURE made this /7/1. day of ./'-'~'--' , 1999, by
STEAK N SHAKE, INC., a corporation existing under the laws of the State of Indiana, and
having its principal place of business at 500 Century Building, 36 S. Pennsylvania Street,
Indianapolis, Indiana 46204, first party, to the City of Boynton Beach, a political subdivision of
the State of Florida, second party:
(Wherever used herein, the terms, "first party" and "second party" shall include
singular and plural, heirs, legal representatives and assigns of individuals and the
successors and assigns of corporations, wherever the context so admits or
requires.)
WHEREAS, the first party is the owner of property situate in Palm Beach County, Florida,
described in Exhibit A and shown in Exhibit B (the "Property"), both exhibits being attached
hereto and incorporated herein,
and,
WHEREAS, the second party desires an easement for water and sewer utilities and/or other
appropriate purposes incidental thereto, on, over and across said property,
and,
WHEREAS, the first party is willing to grant such an easement,
NOW, THEREFORE, for and in consideration of the mutual covenants stated herein and one
dollar and other good and valuable considerations, the first party does hereby grant unto the party
of the second part, its successors and assigns, full and free right and authority to construct,
maintain, repair, install and rebuild underground facilities for the above-stated purposes and does
hereby grant a perpetual easement on, over and across the Property for said purposes. The
second party shall return the Property to its original condition after performing construction,
maintenance, repairs, installations, or rebuilds as contemplated herein. Furthermore, except in
the case of an emergency, the second party shall provide three (3) days written notice to the first
party prior to entering the Property to perform any work and shall conduct all work in a
workmanlike, efficient manner so as to minimize any interference with the business being
conducted by the first party on the Property.
.
"
08B 1 1262 Pg 272
IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its
name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly
authorized, the day and year first above written.
Signed, sealed and delivered
in the presence of:
STEAK N SHAKE, INC,
ill r/-;,
~.d~~J
'. . ".-"
~ (1).~i) J
By. James E. Richmond
Its: Vice President
.,
"'(CORPORATE 'SEAL)
. .
ATTEST:
Mary E. Ham,
Associate Corporate
\'{
~'fY\
ecretary
STATE OF INDIANA )
)
COUNTY OF MARION )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared James E. Richmond and
Mary E. Ham, well known to me to be the Vice President and Associate Corporate Secretary,
respectively, of the Corporation named as first party in the foregoing Easement 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 Corporation, and that the seal
affixed thereto is the true Corporate seal of said Corporation.
WITNESS my hand and official seal in the County and State last aforesaid this 17
day of ..5Un~ , 1999.' .
,~
."""
~~l' cI frxu;fo'd'
Michelle L. Mayfield, Notary Public in and for the
State and County aforesaid. "
"
My commission expires: 10/26/01
.
.
MAP ( JURVEY
LOT 42
SUBOMSlON SECTlON 19,
TOWNSHIP 45 SOlJ11-l, RANGE 43 EAST
PLAT BOOK 7. PAGE 19
SECllON 19 - TOWNSHIP 46 50011-1 - RANGE 43 EAST
PAUl llEAai COUNTY. flORIDA POC
UTILITY EASEMENT
NE CORNER LOT 42
ORB 1 1 2E:
Pg
273
I
_______J
OLD BOYNTON ROAD
(BO' RlGttT-Of-WAV)
POB
UTILITY EASEMENT
---------------,---------~-
SOUTI-l R/W UNE OF NORlHERL Y BOUNOARY Of LOT 42 0
OlD BOYNTON ROAD '::j I
N 89'50'.16-E 167.26'
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12' UTlUTY EASEMEN~ I
N9D'llD'DD"E I
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. ,>/' I 119.53'(C)
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EASTIRL Y BOUNQARY Of lOT 42 :
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DISTANCE
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22.90'(C)
54.BS'(C)
12.00'(C)
49,92'(C)
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DIRECTION
501'06'53-E
S88"53'07.W
N011J6'53-W
N90"OO'OO.W
S4S'{X)'OO.W
589"55' 46"W
N01'OO'33"W
N89"S5'46"E
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LEGEND
P08 POINT OF BEGINNING
POC POINT OF COMt-tENCEt-tENT
(Cl CALCULATED
(P PLAT
OR OFfiCIAL RECORDS BOOK
R/W RIGHT or WAY
PB PLAT BOOK
NTS NOT TO SCAlE
BL'IJD BOULEVARD
UNU.SI JT I[MS THE SlGM,I.1'Ul([ A.ND ~E 0lIl0lNAL lWSED ....
OF' A F1.OlIDA LJeDtSrD SURYl"l'OllI AND WUPO T1ft ""/flUOIrT
IS ~ ~TIOMAL I"UtlPOSES ONLY N!O IS NOT v.wo.
lHS CER11FES mAT 1HE ~ 5aol$ I-EREON WAS
PERF't'l'WED UNDEft MY ~'SIJPfiInl'!iON. J.ttO '~lHE:
MHMUM TtaiNICAL. ST_MeS $[T rornH BY TtfE 1'1.OftlDo\
BOARD OF' PRon:ssloN.il LAHD.!iUtt't€YORS Ct'iAPTER "'6'11-1.
F'ltROA ...o..Nmo\11\i:'cooE:'PURSUN<< to ~-..nD27,
FlDIIOA STATUES, ~ THAT THE SYSTCH' KEREON IS'II:._
N#IJ ACCUftA,TE ~TA'11ON THEREOf. TO 1HE !E'5l tIf....y
1<N0M.fDGE AND B..E:CT 1O.N ,lJ'i QJ"A:'I1'6NS
SHOWN HERE(JII. ~.
DAlE 0i.AJl"
.
1. BASIS OF BEARING: THE EAST BOUNDARY OF LOT 42 OF SUBDIVISION OF SECTION 19,
TOWNSHIP 45 SOUTH. RAGE 43 EAST, AS RECORDED IN PLAT BOOK 7. PAGE 19, PUBLIC
RECORDS Of PLAN BEAOi COUNTY, fLORIDA. SAID LINE BEING S 01'06'03- E,
2. ADDITIONS OR DElETlONS TO SKETCHES OR REPORTS BY OniER THAN THE
SIGNING PARTY OR PARllES IS PROHIBITED Yt1THOUT ~TTEN CONSENT OF THE
SIGNING PARTY OR PARllES.
2. SKETCH WAS PREPARED Yt1THOUT THE BENEFIT A TITLE SEARCH.
3. BOUNDARY INFORlotAllON IS REFERENCED TO " SUR\JEY PREPARED BY CAMPBELL SURVE'l1NG AND
MAPPING. PROJECT NUMBER 98-557. DATED 8-21-98.
4. EASEMENT INFQRUAllON WAS SUPPUED BY FLORIDA ENGElNEERING AND ENVIRONMENTAL SERVICES
ON 4-12-99. PRO..ECT NUMBER E98-029.07.
I
L__
SKETCH ONLY - NOT A SURVEY
ROlE SURVEYIfO
4519 GEORGE RD. SUITE 130, TAMPA, FL 33634 . (813) 880-9&23 . FAX: (613) 680-9055
'N SHAKE, INC.
UCENSE B\JSlNESS
"IfM Y:lotA
CHEO<ED BY:
fd biT ;TEAK
FlELD BOOK:
SC
A
P,C.
. . NUM
.9010
"
EASE-UT.OWG
LEGAL DESCRIPTION - UTILITY EASEMENT:
~,J3 1 1262 Pg 274-
0G:iIJf:jY H, WILKEN, CLERK PB COUNTY, i"L
A PORTION OF LOT 42 OF SUBDIVISION SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST AS
RECORDED IN PLAT BOOK 7, PAGE 19 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA. LESS THE SOUTH 320,00 FEET AND LESS THE NORTH 20.00 FEET FOR ROAD RIGHT
OF WAY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 42; THENCE SOUTH 01'06'03" EAST,
ALONG THE EASTERLY BOUNDARY OF SAID LOT 42 A DISTANCE OF 20.00 FEET TO A POINT OF
INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF OLD BOYNTON BEACH ROAD AND THE
WEST RIGHT OF WAY LINE OF WINCHESTER PARK BOULEVARD, SAID POIN'f ALSO BEING THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE CONTINUE SOUTH 01'06'03"
EAST ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID 'MNCHESTER PARK BOULEVARD, A
DISTANCE OF 243.08 FEET TO THE SOUTHEAST CORNER OF LANOS DESCRIBED IN OFFICIAL
RECORDS BOOK 5805, PAGE 1429 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE
SOUTH 88'09'06" WEST, ALONG THE SOUTH BOUNDARY OF SAID LANDS, A DISTANCE OF 10.00
FEET; THENCE NORTH 01'06'03" WEST. A OISTANCE OF 118.56 FEET; THENCE NORTH 90'00'00"
WEST, A DISTANCE OF 119.53 FEET; THENCE SOUTH 01'06'53" EAST, A DISTANCE OF 20.00
FEET; THENCE SOUTH 88'53'07" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 01'06'53"
WEST, A DISTANCE OF 20.19 FEET; THENCE NORTH 90'00'00" WEST, A DISTANCE OF 6.77 FEET;
THENCE SOUTH 45'00'00" WEST, A DISTANCE OF 22.90 FEET; THENCE SOUTH 89'55'46" WEST,
A DISTANCE OF 54,68 FEET; THENCE NORTH 01'00'33" WEST, A DISTANCE OF 12.00 FEET;
THENCE NORTH 89'55'46" EAST, A DISTANCE OF 49.92 FEET; THENCE NORTH 45'00'00" EAST,
A DISTANCE OF 22.90 FEET; THENCE NORTH 90'00'00" EAST, A DISTANCE OF 141.05 FEET;
THENCE NORTH 01'06'03" WEST, A DISTANCE OF 112,81 FEET TO A POINT ON THE SOUTHERLY
RIGHT OF WAY LINE OF SAID OLD BOYNTON ROAD; THENCE NORTH 89'50'16" EAST, ALONG THE
SOUTHERLY RIGHT OF WAY LINE OF SAID OLD BOYNTON ROAD, A DISTANCE OF 10.00 FEET TO
THE POINT OF BEGINNING
CONTAINING 5196.76 SQUARE FEET OR 0.12 ACRES, MORE OR LESS
PARENT TRACT LEGAL DESCRIPTION - SUPPLIED BY CLIENT
A PORTION OF LOT 42 OF SUBDIVISION SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST AS
RECORDED IN PLAT BOOK 7 AT PAGE 19, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY.
FLORIDA, LESS THE SOUTH 320.00 FEET AND LESS THE NORTH 20.00 FEET FOR ROAO
RIGHT-OF-WAY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 42; THENCE RUN ALONG THE EAST
LINE OF SAID LOT 42 ON AN ASSUMED BEARING OF SOUTH 01'06'03" EAST A DISTANCE OF
20.00 FEET TO A POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF OLD
BOYNTON BEACH ROAD AND THE WEST RIGHT-OF-WAY LINE OF WINCHESTER PARK BOULEVARD
AS NOW EXISTS SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE SOUTH
01'06'03" EAST ALONG SAID WEST RIGHT-OF-WAY LINE OF WINCHESTER PARK BOULEVARD A
DISTANCE OF 243.D8 FEET, TO THE SOUTHEAST CORNER OF LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 58D5. PAGE 1429 OF THE PUBLIC RECORDS; THENCE SOUTH 88'D9'06" WEST,
ALONG THE SOUTH LINE OF SAID LANDS A DISTANCE OF 217.65 FEET; THENCE NORTH
01"00'33" WEST PARALLEL 'MTH THE WEST LINE OF SAID LOT 42, 121.95 FEET; THENCE NORTH
89'50'16"' EAST A DISTANCE OF 50.00 FEET; THENCE NORTH 01"00'33" WEST A DISTANCE OF
127.53 FEET TO A POINT ON THE SAID SOUTH RIGHT-OF-WAY LINE OF OLD BOYNTON ROAD;
THENCE NORTH 89'50'16" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF
167.26 FEET TO THE POINT OF BEGINNING
SKETCH ONLY - NOT A SURVEY
b~L/',f ~
UCEN BUSINESS
AVlH Y:WA
"
ADIE SURVE\WO
4519 GEORGE RD. SUITE 1.30. TAMPA, FL JJ6J4 . (813) e80-96ZJ . FAX: (813) se0-9055
STEAK 'N SHAKE, INC.
fiELD BOOK:
.
P.c.
. . NUWB
99010
EASE-UT.OWG
.
.
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 98-312
FROM:
Sue Kruse
City Clerk
/f1.'/-t'Z-
Michael W. Rumpf
Acting Planning and Zoning Manager
TO:
DATE:
November 9, 1998
SUBJECT:
Steak 'n Shake
File No,: PKLV 98-006 (required driveway distance from street)
Accompanying this memorandum you will find an application and supporting documentation for the above-
referenced case. A check in the amount of $400.00 to cover the review and processing of the application
requests has been forwarded to the Finance Department.
The legal advertisement for this request will be forwarded to your office after review by the City Attorney.
The requested variance is scheduled for the December 8, 1998 Planning and Development Board Meeting.
MWRbme
Attachments
S:IPlanningISHAREDlWPIPROJECTSISteak 'n Shakellegal.doc
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the PLANNING AND DEVELOPMENT BOARD of the CITY OF
BOYNTON BEACH, FLORIDA, shall meet at 7:00 P.M. on Tuesday, December 8, 1998, at City Hall
Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, to consider the application
for a PARKING LOT VARIANCE on the following described property:
Applicant:
Steak 'n Shake, Inc.
Agent:
James Harlow, Florida Engineering and Environmental Services, Inc.
Owner:
Steak 'n Shake
Location:
Southwest corner of Old Boynton Road and Winchester Park Boulevard
Variances
Requested:
Request for a variance from the City of Boynton Beach Land Development
Regulations, Chapter 23 - Section 7.H.3 to allow for a reduction of 89 feet from the
required 180 feet minimum distance between a driveway on Winchester Park
Boulevard and the intersection with Old Boynton Road, and a reduction of 58 feet
from the required 180 feet minimum distance between a driveway on Old Boynton
Road from the intersection with Winchester Park Boulevard driveway.
Legal Description:
A portion of Lot 42 of Subdivision Section 19, Township 45 South, Range 43
East as recorded in plat Book 7, at Page 19, of the Public Records of Palm
Beach County, Florida, less the South 320.00 feet and less the North 20,00
feet for road right-of-way and being more particularly described as follows:
Commencing at the Northeast Corner of said Lot 42; thence run along the
East line of said Lot 42 on an assumed bearing of South 01006'03" East a
distance of 20.00 feet to a point of intersection of the South right-of-way line
of Old Boynton Road and the West right-of-way line of Winchester Park
Boulevard as now exists, said point also being the Point of Beginning; thence
continue South 01006'03" East along said West right-of-way line of
Winchester Park Boulevard a distance of 243,08 feet, to the Southeast corner
of lands described in Official Records Book 5805, at Page 1429 of the Public
Records; thence South 88009'06" West along the South line of said lands a
distance of 217.65 feet; thence North 01000'33" West parallel with the West
line of said Lot 42, 121.95 feet; thence North 89050'16" East a distance of
50.00 feet; thence North 01000'33" West a distance of 127.53 feet to a point
on the said South right-of-way line of Old Boynton Road; hence North
89050'16" East along said South right-of-way line a distance of 167.26 feet to
the Point of Beginning.
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 Planning and Development Board or City Commission
with respect to any matter considered at these meetings will need a record of proceedings, and for such
purpose, may need to ensure that a verbatim record of the proceeding is made, which record includes the
testimony and evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
PUBLISH: The Post - November 23,1998
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal Notice of Legal
Advertisement published and must be submitted to the Office of the City Attorney eight (8) working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: Plannino and Zonino Division
PREPARED BY: Daniel DeCarlo
DATE PREPARED:
November 9. 1998
BRIEF DESCRIPTION OF NOTICE OR AD: Plannino and Development Board Notice for PKLV 98-006
(reduction of driveway distance from intersection) - Steak 'n Shake
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement,
Black Border, etc.)
STANDARD LEGAL AD in Palm Beach Post
SEND COPIES OF AD TO:
Applicant and Plannino and Zonino Manaoer, Newspaper
NEWSPAPER(S) TO PUBLISH:
LAST DAY TO FAX TO NEWSPAPER:
The Post
11/20/98
DATE(S) TO BE PUBLISHED:
11/23/98
APPROVED BY:
/'<<.- L:.- ~
(Origin or)
II ~l/f'{
(Date)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
S:IPLANNINGISHAREDlWPIPROJECTSISteak 'n ShakeILEGAL.DOC