Res 94-92 RESOLUTION NO. 94-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF A 16 FOOT ~LEYWAY LYING WITHIN B~CK 72,
TOWN OF DEL~Y, ACCORDING TO THE PLAT THEREOF ~CORDED
IN P~T BOOK 10, PAGE 57 OF THE PUBLIC RECO~S OF PALM
BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULA~Y
DESCRIBED HEREIN.
~EREAS, the City of Delray Beach is the owner of a portion of
a 16 foot alleyway lying east of and adjacent to Lots 11 and 12, Block
72, Town of Delray, according to the Plat thereof recorded in Plat Book
10, Page 57 of the Public Records of Palm Beach County, Florida; and,
WHEREAS, Michael Posner, Agent for Austin C. Woodside, has made
application for abandonment of a portion of a 16 foot alleyway lying
east of and adjacent to Lots 11 and 12, Block 72, Town of Delray; and,
WHE~AS, 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 interests of
the City of Delray Beach to vacate and abandon said portion of the
alleyway,
NOW, THE~FO~, BE IT ~SOL~D BY THE CITY COMMISSION OF THE
CI~ OF DEL~Y B~CH, FLORIDA, AS FOL~WS:
Section 1. That pursuant to Chapter 177.102(5) and Chapter 166
of the Florida Statutes, it is hereby dete~ined to vacate and abandon
all right and interest it holds to the following real property:
A portion of a 16 foot alleyway being 1.5 feet by
107.24 feet lying east of and adjacent to Lots 11 and
12, Block 72, Tom of Delray, as recorded in Plat Book
10, Page 57 of the Public Records of Palm Beach
County, Florida.
PASSED AND ~OPTED in regular session on this the 25th day of
August, 1992.
ATTEST: /~nis inset was prepared by:
/Jeffrey S. Kurtz, City Atty.
~200 N.W. 1st Avenue
~}~9'7'D~.~/1,~.~9/~/~ Delray Beach, FL 33444
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S.E. 5RD ST.
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12
S.E. 4TH ST.
N BLOCK 72
~,BANDONMENT
£1TY I)F I)ELRIIY BEAgH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
CERTIFICATION
I, ALISON MACGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the above and
foregoing is a true and correct copy of Resolution No. 94-92
which was passed by the Commission on August 25, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
15th day of September, 1992.
' :~' Alison Ma~Greg0~ ~art
~. ..... -~ '- City Clerk
~'?~'~ ..?S-E A'~ .: City of Delray Beach
, :,/
RECORD VERIFIED
¢~LM E~EACH COUNTY
CLERK CIRCUIT COUR'~
THE EFFORT ALWAYS MATTERS
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
RESOLUTION NO. 94-92
DATE: August 21, 1992
This is a resolution vacating and abandoning a 1.5 foot portion of a
16 foot alleyway lying within Block 72, Town of Delray. The alley
runs north and south behind homes located along Swinton Avenue and
S.E. 1st Avenue, between S.E. 3rd and 4th Streets.
The subject property, adjacent to the portion of alleyway which is to
be abandoned, has a guest cottage at the rear which encroaches 1.1
feet into the alley. There is also a chain link fence which runs
along the back of the property and encroaches 4.5 feet into the
alley. The property is in the process of being sold and the title
company will not issue title insurance unless these encroachments are
satisfactorily resolved. A right-of-way permit for use of the alley
is not acceptable for their purposes, therefore, abandonment is
requested.
There is an eight inch sewer main in the alley which is located
approximately 10 feet from the guest cottage. The Environmental
Services Department has indicated that if the entire abandonment
request is granted there will not be sufficient room to maintain the
sewer line. Further, while the alley is currently unimproved, it is
used as a secondary access by the abutting property owners.
Staff recommends that the abandonment be limited to 1.1 feet of the
alley, in order to accommodate the encroachment of the structure
itself. The fence, which encroaches further, can easily be relocated
out of the right-of-way.
The Planning and Zoning Board at their August 17th meeting
recommended that the abandonment be limited to 1.5 feet of the
alley. The Board also recommended that LDR Section 2.4.6 (0)(3)(3),
which requires that all abandonments of rights-of-way be consummated
by a replat of the property, be waived in this instance.
Recommend approval of Resolution 94-92 as amended to reflect the
abandonment of 1.5 feet of the 16 foot alley adjacent to Lots 11 and
12, Block 72, Town of Delray and waive LDR Section 2.4.6 (0)(3)(3),
which requires that all abandonments of rights-of-way be consummated
by a replat of the property
CITY COMMISSION DOCUMENTATION
TO: /~d~D T. HARDEN, CITY MANAGER
THRU: C
I.,J~INING ~ID ZONING
FROM: ~fEVEN E. T~LOR
PLANNING TECHNICIAN II
SUBJECT: MEETING OF AUGUST 25, 1992
ABANDONMENT OF A PORTION OF ALLEYWAY
**CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of 4.5' of a 16' alley.
The project is located east of Swinton Avenue and north of
Southeast 4th Street within Block 72, Town of Delray.
BACKGROUND:
In July, 1992, the Planning and Zoning Department received a
request to abandon a 4.5' wide section of a 16' unimproved alley
adjacent to Lots 11 and 12 of Block 72, Town of Delray. The
alley runs north and south behind homes located along Swinton
and S.E. 1st Avenues, from S.E. 4th Street to S.E. 3rd Street.
The subject property has a guest cottage at the rear which
encroaches 1.1' into the alley. There is also a chain link
fence running along the back of the property which encroaches
4.5' into the alley. The property is in the process of being
sold, and the title company which is involved in the transaction
will not issue title insurance unless these encroachments are
satisfactorily resolved. A right-of-way permit for use of the
alley was not acceptable for their purposes, therefore, the
owner is requesting that the City abandon a 4.5' section of the
alley, running the full 107' length of the property.
There is an 8" sewer main which runs under this alley, located
approximately 10' from the guest cottage. The Environmental
Services Department has stated that if 4.5' of the alley is
abandoned, there will not be sufficient room to maintain that
main when necessary. Further, while the alley is currently
unimproved, it is used as secondary access by persons living on
City Commission Documentation
Block 72 Alley Abandonment
Page 2
either side of it. Abandonment of a 4.5' wide section would
hinder its potential to be improved and utilized for access in
the future.
Staff recommended to the Planning and Zoning Board that the
abandonment be limited to 1.1' of the alley, in order to
accommodate the encroachment of the structure itself. The
fence, which encroaches further, can easily be relocated out of
the right-of-way.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of August 17, 1992, and recommended that the abandonment
be limited to 1.5' of the alley.
The Board also recommended that LDR Section 2.4.6(O)(3)(e),
which requires that all abandonments of rights-of-way be
consummated by a replat of the property, be waived in this
instance.
RECOMMENDED ACTION:
1. By motion, approve the abandonment of 1.5' of the 16' alley
adjacent to Lots 11 and 12 Block 72, Town of Delray.
2. By motion, approve the waiver of LDR Section
2.4.6(0)(3)(e), which requires a replat of the property.
Attachment:
* P&Z Staff Report
T: BLK72CC.DOC
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: August .17, 1992
AGENDA ITEM: IV.A.
ITEM: Abandonment of a Portion of a 16' Alleyway Lying Within Block 72, Town of Delray,
which is Located on the East Side of Swinton Avenue~. Between S.E. 3rd & 4th Streets
GENERAL DATA:
Owner ......................... City of Delray Beach, Florida
Applicant ..................... Austin C. Woodside
Agent ......................... Michael Posner
Cooney, Ward, Lesher & Damon, P.A.
Location ...................... Alley, east of Swinton Avenue and
north of SE 4th Street.
Property Size ................. 482 square feet
City Land Use Plan ............ Medium Density Residential
City Zoning ................... RM'(Multiple Family Residential)
Existing Land Use ............. Alley Right-of-way.
Development Proposal .......... Abandonment of portion of alley to
accommodate encroachment of
existing residence.
Request ....................... Abandonment of 4.5 foot by 107.24
foot Right-of-way adjacent to Lots
11 and 12, Block 72.
IV.A.
ITEM BEFORE THE BOARD ~
The item before the Board is the review and recommendation of
the abandonment of a 4.5' x 107' section of the 16' alley
within Block 72, Town of Delray.
The subject right-of-way is located east of and adjacent to Lots
11 and 12, Block 72 Town of Delray which are at the northeast
corner of South Swinton Avenue and Southeast 4th Street.
BACKGROUND .'
On October 13, 1924 the subdivision of Block 72, Town of Delray
was recorded in the Official Record Book of Palm Beach County.
Block 72 consists of twenty-four (24) lots with a sixteen feet
(16') alley which runs along the rear of each lot.
In 1942, a permit was issued to construct a single family
residence on Lots 11 and 12, Block 72 Town of Delray. The
structure was remodeled in 1952 and 1957. Permits for fences
were issued in 1966 and 1987. There also exists a guest cottage
and garage structure that are connected to the single family
residence by a wood trellis. As the structure does not meet the
required rear setback, it can be concluded that the structure
was built in order to have a duplex and then rent the structure
under the RM (Residential Medium Density) zoning requirements.
However, there are no permits on file that agree with this
analysis.
PROJECT DESCRIPTION :
The abandonment request encompasses a 4.5' x 107' section of
right-of-way adjacent to, and east of, Lots 11 and 12, Block 72
Town of Delray. To the east of the right-of-way are Lots 23 and
24 Block 72, to the north is the continuing stretch of the 16'
alley, and to the south exists Southeast 4th Street. The alley
is unimproved, but is used for vehicular travel.
Of the 4.5' that has been petitioned for abandonment, only 1.1'
is structural (guest cottage). The remainder (3.4') consists of
a fence and a concrete patio. The applicant is in the process
of selling the property and the Title Company will not give
clear title with the existing improvements encroaching within
the alley right-of-way. The granting of an easement is not
sufficient for the title company's needs. Due to this fact, the
applicant is seeking abandonment of a portion of the alley upon
which the improvements encroach.
P & Z Board Staff Report
Block 72 Alley Abandonment
Page 2
ABANDONMENT ANALY S I S ..
According to the survey that was submitted and the responses
received, currently there are Florida Power and Light, Southern
Bell, and Leadership Cable facilities within the alley
right-of-way. In addition, the Environmental Services
Department has given notice that an 8" sanitary sewer main is
existing within the alley right-of-way.
The Environmental Services Department has stated that the
sanitary sewer main is located 10' away from the east wall of
the building. If the 4.5' is abandoned, this will only leave
6.5 ' for maintenance of the main. According to the
Environmental Services Department, the 6.5' will not be an
adequate area for maintenance of the main.
Due to this fact, it may be more appropriate to only abandon the
portion of the structure which encroaches into the alley (1.1').
The owner may continue to have the fence and concrete which
exists within the alley right-of-way, subject to removal at the
City's discretion. Other than the maintenance of the existing
sanitary sewer main, no other facilities are within the area to
be abandoned.
REQUIRED FINDINGS:
Before any right-of-way abandonment can be 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.
As previously stated, no public facilities are within the
4.5' that has been petitioned for abandonment. However, the
abandonment of this entire area will not leave adequate room
for maintenance of an existing sanitary sewer main.
Therefore, it can be concluded that there is a public need
for a portion of this right-of-way.
B) That the abandonment does not, nor will not, prevent access
to a lot of record.
Although all lots that will be affected by this abandonment
take primary access form Southeast 4th Street and Southeast
1st Avenue, the abandonment of the 4.5' could negatively
affect the secondary access that is provided by the alley.
If only 1.1' is abandoned, the access taken from the alley
would not be harmed.
C) That the abandonment will not result in detriment for the
provision of access and/or of utility services to adjacent
properties or the general area.
P & Z Board Staff Report
Block 72 Alley Abandonment
Page 3
Abandonment of this 4.5' area would be detrimental to the
City's ability to provide maintenance of the sanitary sewer
main. This ability would not be hindered by the abandonment
of the part of the structure that encroaches into the alley
(1.1').
ASSESMENT :
The applicant's stated reason for this abandonment petition is
to clear title for the sale of the property. The applicant has
also stated that the subdivision was platted after the homes
were actually built. As previously stated, the subdivision was
recorded in 1924 and the home in question was built in 1942.
As the title company will not give clear title with the existing
encroachment and would not accept a right-of-way permit to use
the alley, the applicant was forced to apply for the abandonment
of the improvements that are encroaching within the alley.
Ail utility providers have given their release, but due to the
proximity of the existing sanitary sewer main to the structure
the entire 4.5' should not be abandoned. However, it is
appropriate to accommodate the portion of the building that
encroaches into the alley; this would leave adequate room for
maintenance of the main. The title can then be cleared and the
sale consummated.
In addition, Code Section 2.4.6(0)(3)(e), requires all
abandonments of rights-of-way to consummated by a replat of the
properties that are receiving the abandoned land. Due to the
fact that only 1.1' of the alley is being abandoned and the only
property being affected are Lots 11 and 12, this requirement
should be waived.
ALTERNATIVE COURSES OF ACTION:
1. Recommend the abandonment of the 4.5'.
2. Recommend denial of the abandonment request with basis
stated.
3. Recommend the abandonment of only 1.1' of the alley.
RECOMMENDATION:
1. By motion, transmit a recommendation of approval to
abandon 1.1' of the 16' alley adjacent to Lots 11 and 12,
Block 72 Town of Delray.
2. By motion, transmit a recommendation of approval to waive
Code Section 2.4.6(0)(3)(e) which requires all abandonments
of rights-of-way to be consummated by a replat.
T:BLK72PZ.DOC
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