Loading...
CORRESPONDENCE DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-158 TO' Lusia Galav, AICP Principal Planner H. David Kelley, Jr., PE/PSM'~ CivillUtility Engineer 17 FROM. DATE. August 20, 2001 SUBJECT Canopy over Utility Easement M & M APPLIANCE - Buildmg Addition & Dumpster Relocation MMSP 01-061 The applicant approached our office last Thursday, August 16th, in regards to construction of a canopy as part of the covered patio slab. The plat reflects that the location of the covered patio slab lies within an abandoned platted alley (as recorded in ORB 8423, Page 1284, Public Records of Palm Beach County, Florida) which has been converted to a Utility Easement (UE). The covered patio covers a portion of an existing sanitary sewer, therefore any physical construction over same must be subject to immediate removal in the event of an emergency utility repair The applicant advised that they intended to cover the patio with an aluminum canopy cover. Since this type of cover is considered a structure, this office objects to its proposed construction. After continued discussion, and a telecom with Mr Peter Mazzella, Assistant to the Utility Director, we will permit a vinyl or canvas canopy cover over the patio that can be easily removed for utility access in the emergency situation noted above. Therefore, it is requested that the applicant be formally notified of this canopy clarification prior to issuance of a building permit. If you have any question regarding this matter, please contact the sender HDKlck xc: Peter Mazzella, Assistant to the Utility Director Laurinda Logan, PE, Civil Engineer Ken Hall, Engineering Plans Analyst File C:\My Documcnts\M & M Appliance, Canopy, Bldg. Add. & Dumpster Relocate.doc ~~r'''....O' t ~ ...~......~ ~~O~ DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION . Building . Planning & Zoning . Occupational Licenses . Community Redevelopment October 19, 2001 Kim Dellastatious AlA, NCARB 422 North Dixie Highway Lake Worth, FL 33460 Re: M & M APPLIANCE - Building addition and dumpster relocation MMSP 01-061 - REVISED Dear Ms. Dellastatious: In response to your request for the administrative review and approval of the modifications proposed to the above-referenced, approved site plan, please be informed that the building addition and dumpster location as shown on the plans date stamped 08/07/01 are "minor", as defined within the Land Development Regulations, Chapter 4- Site Plan Review This letter supersedes the original approval letter dated August 14, 2001 This letter is revised because Mr. Peter Mazzella, Assistant to the Utilities Director had subsequently determined that a canvas roof would be allowed to encroach into the easement. This project may continue to be processed by the Building Division as a permit application contingent upon the following condition: 1 Only a canvas type roof for the proposed covered patio may overhang into the utility easement; Be advised that the proposed changes may require a modification to the building permit. Please contact me at (561) 742-6260 if you have additional questions. ~ely,Jt ~,- 4 \ /\ IJ~<A cLkC2v ~ Lusia Galav, AICP Principal Planner Cc: Jose Alfaro, Planner Eric Lee Johnson, Planner J:ISHRDATAIP1:mningISHAREDlWPIPROJECTSIM & M Applbnce\M.\lSP Ul Obl\Rcviscd npprov:ll.doc City of Boynton Beach - 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310 Phon,:>.' l"i~t\ 74?~:I!'iO . WWWr:i hnvntnn-hP.ad1.fLus Johnson, Eric From: Sent: To: Cc: Subject: Mazzella, Pete Friday, August 17, 2001 9:40 AM Johnson. Eric Galav, Lusia RE. M & M Appliances at 915 N Fed Hwy Eric Thanks for your e-mail. Here are my answers: Yes, J am aware of this project. The building was originally proposed to encroach upon an abandoned right of way, which should have been dedicated as a utility easement prior to abandonment, but wasn't. Kim D is taking care of formalizing that dedication. No. I do not have a hold harmless agreement for the dumpster and patio (covered with an awning, not a hard cover). Kim is also preparing these documents. In my opinion, these improvements can proceed through planning and development once the easement and hold harmless documents are provided to me. I will see that they get recorded through the City Clerk's office. Please call if you have any further questions on this matter Peter Mazzella -----Original Message----- From: Johnson, Eric Sent: Friday. August 17, 2001 9:24 AM To: Mazzella, Pete Cc: Galav, Lusia Subject: M & M Appliances at 915 N Fed Hwy Pete, We at Planning & Zoning received a request for a minor site plan modification for M & M Appliances at 915 North Federal Highway The agent, Kim Dellastatious, describes in her letter that she proposes to locate the existing dumpster, proposed sidewalk, covered patio, and appliance wash area in the Utility Easement at the rear of the property She also indicated that she is going to secure a hold harmless agreement with the City and that you'll be the point of contact or an involved participant during that process. My questions: Are you aware of this project? Have you given them consent to make these improvements? If so, what is the status of their hold harmless agreement with the City? Thanks for answering my questions. Eric Lee Johnson Planner 1 , ~~\."fYO.". <ll.J:r: O. U ~- V- ~"ON i>~ DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION . Building . Planning & Zoning . Occupational Licenses . Community Redevelopment August 14, 2001 Kim Dellastatious AlA, NCARB 422 North Dixie Highway Lake Worth, FL 33460 Re: M & M APPLIANCE - Building addition and dumpster relocation MMSP 01-061 Dear Ms. Dellastatious: In response to your request for the administrative review and approval of the modifications proposed to the above-referenced, approved site plan, please be informed that the building addition and dumpster location as shown on the plans date stamped 08/07/01 are "minor", as defined within the Land Development Regulations, Chapter 4- Site Plan Review This project may continue to be processed by the Building Division as a permit application contingent upon the following condition. 1 The roof of the proposed covered patio shall not overhang into the utility easement; Be advised that the proposed changes may require a modification to the building permit. Please contact me at (561) 742-6260 if you have additional questions. yrely, C:X:~f:l4.J1ddJ Lusia Galav, AICP Principal Planner Cc: Jose Alfaro, Planner Eric Lee Johnson, Planner \\CH\MAIN\SHRDATAIPlannmgISHARED\W?\PROJECTS\M & M Appliancel.MMSP OI-Otil\Approva] Letter doc City of Boynton Beach - 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310 Phone: (561) 742-6350 . www.cl.boynton-beach.fl.us DEPARTMENT OF DEVELOPMt:NT Planning and Zoning Division Memorandum PZ 02-151 TO' Michael & Marsha Mora) is FROM: Lusia Galav, AICP _./ ;JY Princioal Planner (, ~ DATE: July 22, 2002 v RE: M & M Appliance Please be advised that site plan approval for the above referenced project expired on April 3, 2002. The City Commission granted site plan approval on April 3, 2001 To date, no building permit has been issued for this project. A building permit must be secured within one year of site plan approval in order to maintain the vested status. Consequently, a new site plan application must be submitted for this project. Furthermore, a new environmental review permit application must be submitted. Please call the Planning and Zoning Division at (561) 742-6260 for more information regarding site plan application procedures. S:\Planning\SHARED\WP\PAOJECTS\M & M Applianca\M & M Appliance MSPM\Site Plan Exp. Notice I.dot ---, ;." " " PROJECT NAME: M & M APPLIANCE LOCATION: 915 NORTH FEDERAL HIGHWAY COMPUTER ID: 01-65000064 I FILE NO.: MMSP 01-061 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: Kim Dellastatious Michael & Stacey Morakis PHONE: 561-582-5622 PHONE: N/A FAX: N/A FAX: NIA ADDRESS: ADDRESS: N/A 422 North Dixie Highway Lake Worth, FL 33460 Date ofsubmittal/Proiected meetinl! dates: SUBMITTAL / RESUBMITTAL 8/7/01 1ST REVIEW COMMENTS DUE: N/A PUBLIC NOTICE: N/A TRC MEETING: N/A PROJECTED RESUBMITTAL DATE: N/A ACTUAL RESUBMITTAL DATE: N/A 2ND REVIEW COMMENTS DUE: N/A LAND DEVELOPMENT SIGNS POSTED N/A (SITE PLANS): PLANNING & DEVELOPMENT BOARD N/A MEETING: COMMUNITY REDEVELOPMENT AGENCY BOARD CITY COMMISSION MEETING: N/A COMMENTS: Plan supersedes MSMP 01-061 date stamped August 7,2001 J:\SHRDATA\Planning\SHARED\WP\PROJECTS\M & M Appliance\MMSP 01-061\MMSP 01-0612001 PROJECT TRACKING INFO.doc KIMBERLY A. DELLASTATIOUS AlA, PA 422 N. Dixie Highway Lake Worth, Florida 33460 561-582-5622 August 7, 2001 Boynton Beach Zoning Department 100 E. Boynton Beach Blvd. Boynton Beach, FI. 33460 RE. Minor Modification M&M Appliance 915 North Federal Highway We are requesting a minor modification to our approved site plan for M&M Appliance located at 915 North Federal Highway A problem arose when we discovered that a 20-foot utility easement exists in the abandoned alley portion of the site. After meeting extensively with Pete Mezzella in the Utilities Department we agreed to do the following: 1. Reduce the size of the proposed addition so that the boundaries of the new building addition's do not cross into the utility easement. 2. Push the proposed dumpster back towards the property line as much as possible, thus removing it from "over the top" of the location of the existing sl!fiitary sewer line. 3 After giving the City a hold harmless letter he will allow M&M Appliance to build the dumpster, sidewalks, Covered patio (covered with an aluminum roof material), and appliance wash area in the utility easement. The Client does understand that if the City needs to access the utility easement and needs to damage the improvements, that the City is not responsible for repairing or replacing the damage. 4. When M&M Appliance reroutes the overhead telephone wire, it is acceptable for it to be buried in the utility easement. Therefore, our changes to the site plan fall in accordance with the above criteria. We have reduced the size of the building in terms of its footprint and its height. We no longer have a mezzanine associated with the plan and the addition is now the same height as the existing building. We have moved the dumpster closer to thc property line and have added a covered patio which encroaches into the utility easement. The Site data has been adjusted accordingly If you have any questions please feel free to contact me. Sincerely; KIMBERLY A. DELLASTATIOUS AIA,PA ~ lL--- Kim Dellastatious AIA,NCARB President "8 17 0.1 FRI 12:10. FAX 561 84/11/2000 16. 11 ~.1 369 0.112 .296 M&M TV & APPLIANCE SALES Ii!JOU2 PAGE. . fI1/ffi (;!:~;;;c:..""'i'~;\"::.. ':.~::t .';'- :~~,.::".;;~ .'" ,,":'}I.-,,,.. - '!- . .rJ~ nll...,.tlQ......IWt ""......,_....~,_. "IT' '0'............. aTY~' ~ p,'.. "1'_ .,........~,\(II;.pt.l:I..)I. C)ll, ,I......, . . ;-r..",." ., <:~::~:: ., i ROW RARMI.ESS ~ I I!WE, MIQkqj (\\ofo..Ki$ t :srrlU.Y ()1Qj/.S1f~am/are the of the real property J.oc::.t~d ;It, ~1S"!'l F~ I . Boynton ~4ch. Palm Bea~h County, rlo~id~, hav~ , the follow1ng legal descri~tlon: , LAU .A1)t> To ~IVT~ (l..-ESS ~ ,~ n) ~ ~f?flJ> (>~ f ,At>1 'T~e,2..e:io! , PCN: : I l WJt: As the Property Ownerls), ~ agree's) to protect. defend, indemn~fY and hold the City of Boynto~ 5e~c::h, 1ts officials. emPloye.s! and agents, or ~uccesaors thereat, I h4rmless from and against ~y and all lawsuits, penalties, damages, i setlle~ents, jUdgments, decrees. legal costs, charges, removal, I i e~cevation, and r~placemerlt costs, I , rElt\Qval and/or ","'cavation, I and other expen~",~ or li.biU ties of I I every kind in connection With oc arising frocn tne in~tallation, , i maintenancl/, repair, remov11, or excavation ot utiUty equipment, i lines. 01" stL"ucture:> of any lcilld whatsoever. Property owner (s) I agree anQ ac~nowledqe that ~hould the ~ity of 8oynton Beach. or its ; ; .'~' " property HlU'f owner (sl s ;).D 5" l=T I;) r; FT ,4l-("'El 1-1" ~ L'l'G t-T5 w '7 ! ~ any daluqes associated w;i.th ~u~ceSSQr have to (emove a~ structures, driveways, pools. patios, wal J.s, tUJes, vegetation,! (Hrt or grav~1 in cede. tr> conduct j nec":;~,,r.y l1Iaintenance, repa~r. or installill;ion of utilities on sa,d j "'", ."...,' roJ ~ @ ~ ~ ~~! t~ I AUG I 7 2001 ! I~~ \ L , I HOLD lIARMLEss AGREEMENT I I/WE, MIQM.ll..( I'v\ofa.Kis , Sit1U.Y fl1l\.1lSHjl...~/are the I of the real property locat~d at, q 1€7. N p~ i , , Boynton ~e4ch, Palm Beach County, Floxida, havin9 , the followlng legal descri~tion: , 84/JJ/2eee 16:11 l.... . ~...., 5611426298 x~ /. .. - . , nll" "''''" rI!.D"AMf1 1lrI' MJ'.....:t..I.~nwr,..,.,. ""." '.f' ~.... ...... '=JTf hffr8U'. mlat r-."....JIIlJl. rA'llt"M KUQI. (v..,.. JJ4l\.OJI, (~l, J"r... ...~t , i , , , i , I . I I .1 llit~.~100' .~ I"; UIU .ADD To hz,yNT~ l=T) .. Ajp.,wp i "I fl €l2-E.I 0 t (t.--CSS..c.. /, DY f A ~ PCN: ,i ."'............ p~. : . .~1t." N()foJl \2-6e> D(2.-1&lIV 14 L,~O <6{ ~ '6 I PO L-L- \) \..0 a.JC-o ~~(0 ae'-_~RVi . "\'~ "Ir-' -'!".,.,,:~.. ". "".. '" ..~ property ~w~ owner (oS) S 5" i=T 0 r= ;;Lo PI .4. L-L E 1 j5k> L'(G t-T5 '7 ~ ~. W > WJt: As the Property Owner,s), v agree Is) to protect, defend, indemn~fY and hold the City of Boynto~ Beach, its officials, employees! and agents, or successors thereof, I , harmless from and against ~y and all lawsuits, penalties, damages, ! i jUdgments, decrees, legal costs, charges, removal, I i and replace~e~t costs, any damages associated with I settlements, excavation, excavation,! and other expenses or liabilities of \ i connection with or arising from the installation, I i removal and/or every k.ind in maintenance, repair, relllov&l, or excavation of utility equipment, i lines, or structures of amy kind whatsoever. property owner(s) ! agree and acknowledge that $hould the City of Boynton Beach, or its , , ~uccessor have to remove ~y structures, driveways, pools, patios, walls, trees, vegetation, i dirt or gravel in order to conduct , nece:;Si.lry maintenance, i repa+r, or installation of utillties on said , . ",' ~," OS'17 01 FRI 1Z 10 FAX 5el 369 01lZ e4/11/2~e~. 16:11 sr- q26299 M&.lI TV 1< APPLIANCE SALES @003 PAGE B%i~ - ~;"".. /-' , , I ! , , property, th.. ,restoratio1 costs assoei..ted thet....ith shall Qe SQlv responsibility ot Prbperty OWner(51. This Hold Har.mle~s Jh;l~ be recorded in th~ Public Records- of Palm Beach ~OUDtY, Flori~a, and shall encumber the aboVe-d"cr~ property, the property +wner(s) at>d h;h or her successot"s aM I i IN WITNESS wHE~EOr, ~ have h~reunto set my hand and seal this 1!b.... day of ~ ' e;J.O~1. Si~ed, sealed and delive~ed in the presence of: I ~.~i ;I:iJ.~L~.~A :t:-- ~h~ ! ~~~.~~~~t;V~ . i' ;. I i ~s: I ! I ~EB~ CERTIFY thaton this day, betor. me, an officer duly authorhed to a . i.liJter. 'i' t nd J;,llke, ~~~t5 Renonll.lly appeared . i /7UItL/("" ~~.9t I!l '" "" , O\<In <:) Ille to e e -pelll5oh eserl: i: an W 0 ej<.cutec;t the 1'o..e<101n9 lnstr\llllellt, who ackpowle<1q9 -'befortl me that he executed the 'IallIe. is penonally ~~Qwn to me and an oath w.a not tak8n. , , Witness. my hand and or. fi~l~seal 'n tne Coun~y anq State l.~t aforuud tlus f!-II-, day of ~=---- _, ~()() /. ~ NOT~t ~.: ! tJ~€ J-/t:>l.' ~tflP i i1tltlted Nalne . .- I 1 .. ~"'?;'t)\: ';':,:,. ':,~~, : as:;i9ns. ~ lI'IiCkU (rtorMM ~?m.O"h~ 'Sf A a.e~ (Yl. fYlDro../l..C4 STATE OF fLOP.ltJA l ) COWry OF PAU1: BEACH ) .- I, ~",,"'V'"'''' Me'- "O,I__L My COm11\i$,..on &><plrlls "m' IIf ~.......... ! f. ,!c"""",""""tlD03M I \1 j~~u.= ..mot.. AIIIaIio~~ Q>,.~ ...,.., '"'I......." ." _ (.'" r'" fill R rR r\ q' I \ , o I~ ,~"--- - -l! ~.~ II ~ I~~_~~\__J ~ ' q -~ c-. ",.,....,.,. -..,., ~ :;:~:. '~..~: ~~;,' ',...,. .-,.-. _ot'.p : EASEMENT TIllS INDENTURE made this ~ day of ~t. AD., :4>D ( By tvH M IV r )l.ppltllVIt..l. INC!..- . a corporation existing under the laws of i='lj)/U-/>A and having its pr;ncipal place of business at lfl!:r tv r::ed~ -J.lw y first part, 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) WITNESSETH Whereas, the first party is the owner of property situate in Palm Beach County, Florida, and described as follows: PCN t<i5 '-1":3 f':J ;;Ll '~2- 001 DOI.t:>/ Legal Description: l-fllL€. A 0 I:) 'To ( ~..r..s <:; "Pry 1" ~ A hJ )\\~e.e-ro and, ~l.(V"-rClN Ai?>Nb S ~~T 6C -;;ul Pi" -A f.... u:. ~ LI I.., l....TS~t8 I 1-'(& \0 oP 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 each to the other running and one dollar and other good and valuable considerations, the first party does hef!Wy 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 facilities for above stated purposes and does hereby grant a perpetual easement, on over and across the above described property for said purposes. IN WITNESS WHEREOF, the first party has caused ~presents to be duly executed in its . ne and its corporate seal to be hereto a .ed, attesteP by its proper officers thereunto duly authorized, the day and year first above written. ..~' .. .' >,..,': "".' " . !\for fW-" zC ~ kb , oil \ &L ~{j....k:; '6(0/, /61 r; !/uDLY . {' ~01Jh Signed, sealed and delivered In the presence of: Signature MlQ..~ MDra ~LS Print Name BY President 2i~,JnncJt-b Signature ATTEST' Sec;retary Sm.~~ ~ Moro.X-..6 Print Name (CORPORATE SEAL) STATE OF (W/2.iM f1q L.-fY1 rJe.a- U\ COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, Personally appeared well known to me to be the President and 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 dcly vested in them by said Corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. WIlNESS my hand and official seal in the Country and State last aforesaid this day of A.D., 200_ - Notary Public in and for the State and County aforesaid. My commission expires: