File #: 24-1275    Version: 1 Name:
Type: Resolution Status: Passed
File created: 9/4/2024 In control: City Commission
On agenda: 10/1/2024 Final action: 10/1/2024
Title: RESOLUTION NO. 192-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN APPEAL PURSUANT SECTION 5.3.1(A)(7) OF THE LAND DEVELOPMENT REGULATIONS; GRANTING A REDUCTION IN RIGHT OF WAY WIDTH FOR SE 8TH STREET AND ELIMINATING THE REQUIRED RIGHT-OF-WAY DEDICATION FOR THE PROPERTY LOCATED AT 731 SE 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL)
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Resolution No. 192-24: 731 SE 4th Avenue ROW Reduction Appeal, 3. 731 SE 4th Avenue: DSMG Staff Report, 4. 731 SE 4th Avenue: Applicant Appeal Letter, 5. 731 SE 4th Avenue: Applicant Justification, 6. 731 SE 4th Avenue: Location Map, 7. 731 SE 4th Avenue: Osceola Park Plat, 8. 731 SE 4th Avenue: Survey, 9. Simple Legal Review Approval Resolution 192-24
TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: October 1, 2024

Title
RESOLUTION NO. 192-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN APPEAL PURSUANT SECTION 5.3.1(A)(7) OF THE LAND DEVELOPMENT REGULATIONS; GRANTING A REDUCTION IN RIGHT OF WAY WIDTH FOR SE 8TH STREET AND ELIMINATING THE REQUIRED RIGHT-OF-WAY DEDICATION FOR THE PROPERTY LOCATED AT 731 SE 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL)

Body
Recommended Action:
Recommendation
Review and consider Resolution No. 192-24, of an appeal to Land Development Regulations (LDR) Section 5.3.1(A) to allow a reduction of a right-of-way along the north side of SE 8th Street associated with the property located 731 SE 4th Avenue.

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Background:
An application was submitted on June 26, 2024, to reduce the right of way width dedication required on the southern property line of the Lot on SE 8th Street from 5 feet to 0 feet. The property consists of Lot 25 and 26, and a single-family dwelling unit exists on both lots. The property is zoned Single Family Residential District (R-1-A).

LDR Section 5.3.1(A), Right-of-way Dimensions and Dedication required, states "Right-of-way dimensions and dedications, whether public or private, shall be consistent with Table MBL-1 "Street Network and Classification and Improvements" of the Mobility Element, providing for coordinated rights-of-way dedications with the Florida Department of Transportation and Palm Beach County." Table MBL-1 sets forth 50 feet as the ultimate right of way width for other streets with curb or/and gutter.

LDR Section 5.3.1(A)(3), states "When development is adjacent to an existing or planned street, the development shall be responsible for providing one-half of the ultimate right-of-way or such portion of the ultimate right-of-way which is ye...

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