Res. No. 183-24 (Recorded)CFN 20240329926
OR BK 35288 PG 11
RECORDED 9/23/2024 4:31 PM
Palm Beach County, Florida
Joseph Abruzzo, Clerk
Pgs: 11 - 17; (7pgs)
RESOLUTION NO. 1 83-24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING A MODIFICATION OF
STANDARDS FOR APPROVAL OF SECTION 7.9.5(A) OF THE LAND
DEVELOPMENT REGULATIONS TO ALLOW A DOCK TO EXTEND
MORE THAN FIVE FEET FROM THE FACE OF THE SEAWALL INTO
"TRACT B" OF THE "ESTATES DE MANGO DE PARIS" PLAT AND
AUTHORIZING A MODIFICATION OF STANDARDS FOR APPROVAL
OF SECTION 7.9.6(A) OF THE LAND DEVELOPMENT REGULATIONS
TO ALLOW A DOCK EXCEEDING 50 FEET IN LENGTH WITHOUT
THE REQUIRED SEWAGE PUMPOU T FOR THE PROPERTIES WITHIN
THE GRACE'S MANOR SUBDIVISION, AS MORE PARTICULAR- Y
DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, Graces Manor, LLC, and Graces Manor Tracts, Inc., (collectively referred to as
"Owners"), are the owners of six parcels of land measuring approximately 3.826 acres located generally
between NW 12th Street and NW 13th Street lying west of NW 4th Avenue ("Property"), as more particularly
described in Exhibit "A"; and
WHEREAS, the Owners designated Jeffrey Costello ("Applicant") to act as their agent for the
Property; and
WHEREAS, the Applicant submitted a request for two modifications of standards for approval (File
No. 2024-010-WAI) to allow a dock to extend more than five feet from the face of the seawall into "Tract B
and to allow a dock exceeding; 50 feet in length without providing; a sewage pumpout connected to the City
sanitary sewer system; and
WHEREAS, Article 7.9, "Docks, Dolphins, and Finger Piers, and Boat Lifts," of the City of Delray
Beach Land Development Regulations ("LDR") provides specific regulations to permit construction in and
upon certain waterways of docks, dolphins, finger piers, and boat lifts for residentially zoned property that
do not cause a hazardous interference with navigation, endanger life or property, or deny the public
reasonable visual access to public waterways; and
WHEREAS, pursuant to LDR Section 7.9.5(A), the maximum distance a dock -nay project into a
waterway is five feet measured from the face of the seawall; and
WHEREAS, the existing dock extends 12 feet from the face of the seawall and the proposed dock
extends 85 feet from the existing dock, for a total extension into the waterway of 98 feet; and
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WHEREAS, pursuant to LDR Section 7.9.6(A), when a dock exceeds 50 feet in length at least one
sewage pumpout connected to the City sanitary sewer system is required; and
WHEREAS, dock, as originally proposed, would have extended 98 feet from the face of the seawall
without providing a sewage pumpout connected to the City sanitary sewer system; and
WHEREAS, LDR Section 7.9.4(A), allows the City Commission, upon the recommendation of the
Building Official, to authorize a modification to the standards for approval as set forth in Article 7.9, if
compliance with the requirement would not be feasible or would constitute a hardship in the particular
instance, and provided that a modification would not endanger public safety and welfare; and
WHEREAS, the Building Official has determined the request does not constitute an unsafe situation
or endanger the public safety; and
WHEREAS, on September 16, 2024, the City Commission considered the requested modifications
to the standards of approval to LDR Sections 7.9.5(A) and 7.9.6(A) at a quasi-judicial hearing as well as the
respective findings as set forth in the LDR; and
WHEREAS, during the hearing before the City Commission, the Applicant agreed to modify their
request to a dock extending 83' feet from the face of the seawall.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby affirmed and ratified.
Section 2. The City Commission makes positive finds (1) that the standards of approval in LDR
Section 7.9.5(A) are not feasible or constitute a hardship in this particular instance and (2) that the
modification to the standards of approval in LDR Section 7.9.5(A) to allow a dock to extend beyond five feet
from the face of the seawall at the Property does not endanger public safety and welfare.
Section 3. The City Commission authorizes the modification of standards for approval to LDR
Section 7.9.5(A), to allow a dock to extend 83 feet from the face of the seawall for the Property.
Section 4. The City Commission makes positive finds (1) that the standards of approval in LDR
Section 7.9.6(A) are not feasible or constitute a hardship in this particular instance and (2) that the
modification to the standards of approval to LDR Section 7.9.6(A) to allow a dock more than 50 feet in length
without a sewage pumpout connected to City sanitary sewer system at the Property does not endanger public
safety and welfare.
Section 5. The City Commission authorizes the modification of standards for approval to LDR
RES. N0� 183-24
CFN 20240329926
OR BK 35288 PG 13
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Section 7.9.6(A), to allow a dock exceeding 50 feet in length without providing a sewage pumpout connected
to the City sanitary sewer system for the Property.
Section 6. The City Clerk, or designee, is directed to send a certified copy of this Resolution to
Jeffery Costello, 981 Delray Lakes Drive, Delray Beach, Florida 33444.
Section 7. All resolutions or parts of resolutions in conflict herewith shall be and hereby are
repealed.
Section 8. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session on the /� day of , 2024.
ATTEST:
Katerri Johnson, City Clerk
Approve a form and legal sufficiency:
Ly City ttorney
�IA- �di4 --,-
3 0�ias F. Carney, Jr., Mayor
:Jtif' (-balms
RES. NO. ] 83.-24
CFN 20240329926
OR BK 35288 PG 14
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Exhibit "A"
TRACT- "A" AND "TRACT B", `ESTATES MANGO DE PARIS', ACCORDING To THE PAT
"THEREOF AS RECORDED IN PLAT BOOK 74, PAGE 192, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA_
TOGETHER WITH
LOTS I I A, 1113, 1 I C, 1113, "GRACE'S MANOR" ACCORDING `TO THE PLAT 'THEREOF AS
RECORDED IN PLAT BOOK 136, PAGE 24, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
RES. NO. I83-24
CFN 20240329926
OR BK 35288 PG 15
Pg: 5 of 7
COMPOSITE EXHIBIT B
ftl JE r
947 Clint Moore Road SURVEYING & MAPPING lei: 561 241-9988
Boca Raton, Florida 33487 Certif ccte of Authorization No. LB7264 tax: (561) 24 -5182
SPECIFIC PURPOSE SURVEY 1 PLOY PLAN
A PORTION OF TRACT "B" - ESTATES MANGO) DE PARTS
LEGAL DESCRIPTION COMPOSITE EXHIBIT B
A PORTION pF TRAC: "8" .,ESTATES MANLO DE PARS", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
HOOK 74, PAGE 92, OF THE PUBLIC RECORDS OFPAL'�1 BEACH COUNTY, FLORIDA.
SAID LANDS SITUATE IN THE CITY OF CELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
NOTES
1. THIS DRAWING IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAIS'_D SEA,,. OF A FLOROA LICENSED
SURVEYOR AND MAPPER.
2. NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED OR REFERENCED IN THE PREPARATION O `HS SURVEY.
3. ALL EASEMEN-S SHOWN HEREON ARE PER THE RECORD PLAT(S) UNLESS OTHERWISE-NDICATED,
4. THERE HAVE BEEN NO UNDERGROUND IMPROVEMENTS LOCATED IN CONNECTION WI-H ,HIS SURVEY, E_XC= PT AS
SHOWN.
5. BEARINGS SHOWN I'EREON ARIs BASED ON THE RECORD PLAT.
6. ELEVATIONS SHOWN HEREON ARE RELATIVE TO T-iE NORTH AMERICAN V_ RT'CAL, DATUM OF 1988 AND WERE
DETERMINED FROM PALLE M BEACH COUNTY BENCHMARK �W NT E?r". EVATION: 20.706',
7. ANY IMPROVEMENTS ON LO ARE NOT SHOWN PER CLIENTS REQUEST.
8. PROPERTY ADDRESS: NW 12TH ST, DELRA`.' BEACH, F= 33444
9. FLOOD INFORMATION IS AS FOLLOWS_
COMMUNITY NUMBER 125102
PANEL NUMBER 12099CO9771=
DATE OF FIRM INDEX 10-•-05=-2017
ZONE AE,X
BASE'OOb ELEVA=1Ov 9.0' FOR AE
10, THIS SURVEY IS CERTIFIED TO:
A.
ABBREVIATIONS
AC =
AIR C O D?T.ONER
ALF, =
ALUMINUM v ENCE
C.B.S. =
CONCRETE BLOCK & STUCCO
CIF =
CHAIN LINK F ENCE
CONIC, =
CONCRETE
A -
DELTA 'CENTRAL ANGLE)
D.E . =
DRAINAGE EASEMENT
ELEV, m
ELEVATION
F.F. -
FINISHED FLOOR
GAR. =
GARAGE
G.E. =
GRATE ELEVATION
1.E. -
INVERT ELEVATION
1p. =
IRON: PIPE
IR -
IRON ROD
IRC =
IRON ROD & CAP
L -
ARC L1=NG T H
L.M.E, =
LAKE MAINTENANCE EASEMENT
MON. -
MONUMENT
N/D -
NAL AND DISC
P.H. _
PLAT BOOK
P.B.C.R. -
PALM BEACH COUNTY RECORDS
PG, =
PAGE
PROP. _
PROPOSED
R =
RADIUS
R.E. =
RIM ELEVATION
R/W
RIGHT-OF-WAY
_
P.
TYPICAL
U.E. a
UTI� -iEASEMENT
SURVEYOR'S CERTIFICATION
NW :cry sT
4 p
I
_ NW M,STte 1
NW 12TH ST
n GROrt WAY
2
r'r
THIS SURVEY w ,1Te s
LOCATION MAP
NOT TO SCALE
LEGEND
Vt+
WATER SERVICE
l s=
ELECTRIC SERVICE
G
L EPHOItE BOX
CABLE TV BOX
O
URA: NAG E MANHOLE
SANITARY MANHOLE
WATER VALVE
Q-
SIGN
F !RE-iYDRANT
CATCH BASIN
U
UGHT POLE'
WOOD U T IL':T" POLE
CONCRETE-UTIL,TY Purl=
CLEAN OUT
CENTERLINE
X 3IS
EkSTING ELEVATION
X(,. v')
PROPOSED ELEVATION
I HEREBY CERTIFY .TAT THE SURVEY SFOWN HERE —Cy Cv"JPES WT S`ANIDARI]S OF
.�igl��
PRACTICE AS CON AINED =N CHAPTER 5J 17.051 FLORIDA ADMINISTRATIVE CODE,
PURSUANT TO SECTION 472.027, FLORIDA STATJT°ES, AND T 1AT SAID SURVEY IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BcLIEF AS PREPARED UNDER MY j signed by
DIRECTION- eff S Jeff S
��r� s: HC'DAPP o d HociaPP
SURV�YOR AND MAPPER H
FLORIDA LICENSE NO. LS5111 Gate:
DATE OF LAST FIELD WORK: SEPTEMBER 7, 2023 PP REV 91i712024 2024.07'18I
PROJECT NAME_ OW ,2T I ST DATE 91712023 P.P. 12120=23_ ____- _ a [ 1�#J] p 1 5:36:24 1
.JOB NO 22184 DWG BY AJR /�//��
CK'D BY JSJ _ SHEET I OF 2 -Q4;Q VT
CFN 20240329926
OR BK 35288 PG 16
Pg: 6 of 7
COMPOSITE EXHIBIT B
iv l MJE
947 Clint Moore Road SURVEYING& MAPPING Tel- (561 ) 241-9988
Boau Rattan, Florida 33487 Ce,'&--ate of Au ho`iza ion Na LB7264 Fax: (561 241-5182
SPECIFIC PURPOSE SURVEY 1 PLOT PLAN
A PORTION OF TRACT "B" - ESTATES MANGO DE PARIS
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+3 I iaz LOT 13
SUBJEC V_.r -'
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j08 NO 22184 PROJECT NAME. NW 12TH ST D'AG 3Y AIR SCAE , = 20' i
CK D BY: ,ISH DATE. 5i1712u24 • SHEET 2 OF 2
OFFICE OF THE CITY CLERK
100 N.W. JjT AVENUE 6 UELRAY BEACH , FLORIDA 33444 * (561) 243-7050
CERTIFICATION
CFN 20240329926
OR BK 35288 PG 17
Pg:PgY Beach
Florida
''
Aff-AMeM Cft
199-3-2M1 • 2017
I, Alexis G v ngs, Deputy City Clerk of the City of Delray Beach, do hereby certify
that the attached document is a true and correct copy of Resolution No. 183-24, as the
same was passed and adapted by the Delray Beach City Commission in regular session
on the 161h day of September 2024.
IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of
the City of Delray Beach, Florida, on this the 13th day of September 2024.
Alexis Givins
Deputy City Clerk
City of Delray Beach, Florida
iT�u;;l i 't r-1i-`:i ,'<1E - IN -I C�s��-rL-_..�� -,�, - 3 i -f ' TL'_'. `. _'I?