Res 19-96 ORB 29
RESOLUTION NO 19-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF THE NORTH/SOUTH ALLEY RIGHT-OF-WAY LYING
WEST OF AND ADJACENT TO LOTS 26 AND 27, LAS PALMAS
SUBDIVISION, AS MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an
application for abandonment of a portion of the north/south alley
right-of-way lying west of and. adjacent to Lots 26 and 27, Las Palmas
Subdivision, as more particularly described herein; and
WHEREAS, said application has been processed pursuant to
Section 2.4.6(0), "Abandonment of Rights-of-Way", of the Land
Development Regulations of the City of Delray Beach;
and
WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the
Planning and Zoning Board, as Local Planning Agency, formally reviewed
this item on February 26, 1996, and recommended approval of the
abandonment, based upon positive findings with respect to LDR Section
2.4.6(O)(5)i and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that its interest in the described property is no
longer needed for the public good and deems it to be in the best
interest of the City of Delray Beach to vacate and abandon said
right-of-way, based upon positive findings pursuant to LDR Section
2.4.6(0)(5).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That pursuant to Chapter 177.101(5) and Chapter
166 of the Florida Statutes, it is hereby determined to vacate and
abandon all right and interest it holds to the following real
property:
A parcel of land lying in a portion of Section 9,
Township 46 South, Range 43 East, Palm Beach County,
Florida, said land being a portion of a 16.00 feet
wide alley as shown on the Plat of LAS PALMAS
SUBDIVISION as recorded in Plat Book 10, Page 68, of
the Public Records of Palm Beach County, Florida;
said land being more particularly described as
follows:
ORB c2'
BEGINNING at the Southwest corner of Lot 27 of said
LAS PAL~S SUBDIVISION; thence run Northerly, along
the West line of Lots 27 and 26 of said LAS PAL~S
SUBDIVISION, a distance of 100.00 feet to the
Northwest corner of Lot 26; thence run Westerly along
the Westerly extension of the North line of said Lot
26 for a distance of 1.50 feet to a point; thence run
Southerly along a line 1.50 feet West of and parallel
to the West line of said Lots 26 and 27 for a
distance of 100.00 feet to a point; thence run
Easterly along the Westerly extension of the South
line of said Lot 27 for a distance of 1.50 feet to
the POINT OF BEGINNING.
Containing 150 square feet (0.003) acres, more or
less.
PASSED AND ADOPTED in regular session on this the 5th day of
March, 1996.
ATTEST:
- City Clerk/-
- 2 - Res. No. 19-96
¢
N.E. 5TH ST.
<
N.E. 4TH ST.
,~,,.~o~,,~.~.. ALLEYWAY IN LAS PALMAS SUBDIVISION
01"Y 0¢, O£LRAY IBEACH, FL
~ CITY CLERK· ~oo ~.w. ~ ^~. o~^~ ~^o,, ~o~,o^ ~. ~o~-~ooo
AII-AmericaCity
.~,: ... ,-,o -. ~..~.m 96- ~ 0524
)~93
CERTIFICATION
I, ALISON MacGREGOR HARTY, City Clerk of the City of
, '~ ~ha~ the attached
Delray Beach, Florida ~o hereby certl~y ~ ~
document is a true and correct copy of Resolution No. 19-96,
vacating and abandoning a portion of the north/south alley
right-of-way lying west of and adjacent to Lots 26 and 27, Las
Palmas Subdivision. Resolution No. 19-96 was passed and adopted
by the Delray Beach City Commission in regular session on the 5th
day of March, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
27th day of March, 1996.
THE EFFORT ALWAYS MATTERS
Prlnted on Recycled Paper
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~l
SUBJECT: AGENDA ITEM # ~'b/'- MEETING OF MARCH 2, 1995
RESOLUTION NO. 19-96/ABANDONMENT OF A PORTION OF AN
ALLEYWAY WITHIN LAS pALMAS SUBDIVISION
DATE: FEBRUARY 29, 1996
This is before the Commission to consider abandoning the eastern
1.5 feet of the 16 ft. wide north/south alley right-of-way which
runs along the western lines of Lots 26 and 27 in Las Palmas
Subdivision. The lots are located at the northwest corner of Palm
Trail and N.E. 4th Street. There is a single family home and guest
cottage on the property. The owners have requested the abandonment
because a portion of the guest cottage and carport encroach into
the alley.
The Planning and Zoning Board considered this item on February 26,
1996, and unanimously voted to recommend approval.
Abandonment of 1.5 feet from a 16 foot right-of-way leaves the City
with a right-of-way of less than minimal width. However, this
alley is not being used and is not needed for access purposes.
I recommend that we enter into a license or use agreement to allow
the encroachment to remain, and direct staff to proceed with
abandonment of the entire alley as rapidly as possible, retaining
only an appropriate utility easement.
ref:agmemo5
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ, DIRECTOR ~ -,~.- L~'
DEPARTMENT OF PLANNING AND ZONING --~,/
SUBJECT: MEETING OF MARCH 5, 1996 **CONSENT AGENDA**
LAS PALMAS ALLEY ABANDONMENT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of the proposed
abandonment of a portion of an alley located within the Las Palmas Subdivision. The
subject alley is located west of Palm Trail between N.E. 4th Street and N.E. 5th
Street.
BACKGROUND:
The subject alley was dedicated with the recordation of the Las Palmas Subdivision in
November, 1924, and has not been improved. The area proposed for abandonment
is the eastern 1.5 feet of the 16' alley (approximately 135 sq. ft.) which runs along the
western lines of Lots 26 and 27. A single family residence and guest cottage are
located on these two lots. The property owners of Lots 26 and 27 have requested the
abandonment, as a portion of the existing guest cottage and carport encroach into the
alley.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of February 26,
1996. The Board unanimously recommended approval on a 7-0 vote.
RECOMMENDED ACTION:
[] By motion, approve the abandonment
Attachments: · Location Map
· Reduced Survey
· Planning and Zoning Staff Report
PLANNING AND ZONING BOARD
CITY OF DELI{AY BEACH ---STAFF REPORT---
MEETING DATE: February 26, 1996
AGENDA ITEM: ~.C.
ITEM: Abandonment of a portion of an alleyway lying within Las Palmas
Subdivion adjacently west to Lots 26 & 27
GENERAL DATA:
OWner ............................. City of Delray Beach
Applicant ......................... Christine & Peter Engelmaier
Location .......................... Utility alley adjacently west of
Lots 26 & 27 in Las Palmas
Subdivion.
Property Size .................. 0.003 acres
Future Land Use Map ..... Low Density Residential
Current Zoning ................ R-l-AA (Single Family
Residential) N.E. 5TH ST.
Adjacent Zoning .... North: R-l-AA
East: R-l-AA
South: R-l-AA
West: R-l-AA
Existing Land Use ...... : .... Unimproved alley right-of-way. >
Proposed Land Use ........ Abandonment of a portion of
an unimproved alley right-of-
way in order to maintain a
guest cottage that encroaches
into the subject alley
approximately 1 1/2 feet.
Water Service ................. n/a
Sewer Service ................. n/a
N.E. 4TH ST.
r'
N
The item before the Board is that of a recommendation to the City Commission for the
proposed abandonment of a portion of an alley located within the Las Palmas
Subdivision. The subject alley is located west of Palm Trail between N.E. 4th Street
and N.E. 5th Street.
This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0),
Abandonment of Right-of-Ways.
The subject alley was dedicated with the recordation of the Las Palmas Subdivision in
November, 1924, and has not been improved.
The area proposed for abandonment is the eastern 1.5 feet of the 16' alley
(approximately 135 sq. ft) which runs along the western lines of Lots 26 and 27. A
single family residence and guest cottage are located on these two lots. The property
owners of Lots 26 and 27 have requested the abandonment, as a portion of the
existing guest cottage and carport encroach into the alley.
The subject alley is 16 feet in width. Pursuant to LDR Section 2.4.6(O)(1), public
property dedicated through subdivision shall be divided at the center line and returned
equally to abutting parcels when abandoned. However, only the eastern one and a
half feet of the alley is proposed to be abandoned in order to maintain the existing
guest cottage on Lots 26 and 27. Therefore, the one and a half feet will revert to the
owners of Lots 26 and 27. The alley is surrounded by residential development in the
R-l-AA zone district. The Intracoastal Waterway is located further east of the subject
abandonment. The alley is unimproved and has not been used fo.r access to N.E. 4th
Street by any of the abutting property owners.
There is an existing sanitary sewer main within the alley, however, the City's
Department of Environmental Services has indicated there is no objection to the
abandonment, nor will an easement be required to cover this service.
A north/south transmission pole line exists approximately 10' west of the subject guest ' -'
cottage and carport. BellSouth service is located on this line. BellSouth has been
contacted and has no objection to the abandonment as long as access to the
transmission line is maintained.
Planning and Zoning Board Staff Report
Las Palmas Alley Abandonment
Page 2
Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being
approved, the following findings must be made: -'--~
A) That there is not, nor will there be a need for the use of the right-of-way
for any public purpose.
The alley is unimproved and has not been used for access in the past. The alley has
been utilized for provision of sewer service and other utilities and this can continue as
none of the utility companies or the City's Department of Environmental Services have
an objection to the abandonment, and are not requesting an easement to cover the
services.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
The entire alley, between N.E. 4th and N.E. 5th Streets, is unimproved. Lots 26 and
27 are accessed off Palm Trail and N.E. 4th Street, and the lots to the north and west
can be accessed from Palm Trail, N.E. 5th Street, or N.E. 8th Avenue. Abandonment
of a portion of the alley will not prevent access to any lots of record.
C) That the abandonment will not result in detriment for the 15rovision of
access and/or of utility services to adjacent properties or the general
area.
No access is taken from the subject alley. No easement is being required to cover the
existing facilities. No detriment will therefore result for the provision of the above
services.
As the subject right-of-way is unimproved and access to N.E. 4th Street and N.E. 5th
Street cannot be gained from this alley, its intended use is limited. By abandoning
the limited area to private interests, the guest cottage will then be located on private
property. The City may want to pursue abandonment of the entire alley at some point
in the future. Pursuant to LDR Section 2.4.6(O)(2)(c), all owners of abutting property
must be party to the consent petition, which would take some time to collect. Such
action would not be appropriate with this request as the applicant is requesting such a
small portion of the right-of-way area to be abandoned.
Planning and Zoning Board Staff Report
Las Palmas Alley Abandonment
Page 3.
1. Continue with direction.
2. Recommend approval of the abandonment subject to positive findings with
respect to LDR Section 2.4.6(0)(5).
3. Recommend denial of the abandonment based upon a failure to make positive
findings with respect to LDR Section 2.4.6(O)(5).
· :. :.:. :. :. :. :. :-:.:. :.: .:. :-:. :-:. :, :. :. :. :. :. :,: .:. :-:-:-:-:-:, :,:-:. :-:-:. :. :. :. :-:. :. :.:. :-: .:, :-:. :. :. :. :-:-:. :-:-:. :. :. :. :-:, :. :. :. :. :. :. :-:. :, :. :. :. :. :. :. :-:-:-: .:. :-: .:. :. :-:, :, :. :-: .:. :, :, :. :.:. :. :. :. :. :.:-:-: .:-:. :. :. :-:-:. :-:-:. :. :-: .: .:. :-:. :.., :. :. ;-:-:. :-: .:. :. :. :. :.:-:-.--. :-:.:. :-:, :.:.:-:-:-:-:-: .:. t. :-:. :. :. :.., :. :, :-: ':':';';';';'H' ;';?;'H'F';':';?; ';' ;'; ';'; ';';';';';' ;'; ';' :?;' ;'; ';';';':';'; 'H'i';';? H';';'i';'H';?;' ;'; ':':':':'
By motion, recommend approval of the abandonment of a one and a half foot portion
of the north/south alley adjacent to Lots 26 and 27 located within Las Palmas
Subdivision.
Attachments
El Location Map & Reduced Survey