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
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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
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\ /\ 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
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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
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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
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M&M TV & APPLIANCE SALES
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maintenancl/, repair, remov11, or excavation ot utiUty equipment,
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lines. 01" stL"ucture:> of any lcilld whatsoever. Property owner (s)
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agree anQ ac~nowledqe that ~hould the ~ity of 8oynton Beach. or its
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HOLD lIARMLEss AGREEMENT
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I/WE, MIQM.ll..( I'v\ofa.Kis , Sit1U.Y fl1l\.1lSHjl...~/are the
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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,
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harmless from and against ~y and all lawsuits, penalties, damages,
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jUdgments, decrees, legal costs, charges, removal,
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and replace~e~t costs, any damages associated with
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settlements,
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connection with or arising from the installation,
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removal and/or
every k.ind in
maintenance, repair, relllov&l, or excavation of utility equipment,
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lines, or structures of amy kind whatsoever. property owner(s)
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agree and acknowledge that $hould the City of Boynton Beach, or its
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~uccessor have to remove ~y structures, driveways, pools, patios,
walls, trees, vegetation, i dirt or gravel in order to conduct
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nece:;Si.lry maintenance,
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OS'17 01 FRI 1Z 10 FAX 5el 369 01lZ
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M&.lI TV 1< APPLIANCE SALES
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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
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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
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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.
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Witness. my hand and or. fi~l~seal 'n tne Coun~y anq State l.~t
aforuud tlus f!-II-, day of ~=---- _, ~()() /.
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NOT~t ~.:
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COWry OF PAU1: BEACH )
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EASEMENT
TIllS INDENTURE made this ~ day of ~t. AD., :4>D (
By tvH M IV r )l.ppltllVIt..l. INC!..-
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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:
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l-fllL€. A 0 I:) 'To
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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.
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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: