TO: Mayor and Commissioners
FROM: Anthea Gianniotes, AICP, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: November 17, 2026
Title
RESOLUTION NO. 165-26: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE PARTIAL ABANDONMENT OF A UTILITY EASEMENT LOCATED AT 1400 SOUTH FEDERAL HIGHWAY, TOTALING APPROXIMATELY TWO HUNDRED AND EIGHTY SQUARE FEET, AS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.
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Recommended Action:
Recommendation
Consider Resolution No. 165-26, a partial abandonment of a utility easement located at 1400 South Federal Highway, totaling approximately 280 square feet.
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Background:
The applicant has requested the partial abandonment of a sewer utility easement. The City’s Water Utilities Department has confirmed the previous manhole and utilities have been removed from the area and the easement is no longer needed. The building under construction at the subject location, Cooper’s Hawk Winery and Restaurant, is within 10 feet of the easement, which is not technically compliant with the Land Development Regulations ("LDR"). Therefore, abandonment is required before the issuance of a Certificate of Occupancy.
Pursuant to LDR Section 2.4.9(C)(4)(c), the application was forwarded to the City Engineer, and has been determined that the granting of the abandonment will not result in a detriment for the provision of utility services to adjacent properties or the general area. Additionally, a letter has been provided from the City's Utilities Department stating that the department has no objection to the abandonment.
Pursuant to LDR Section 2.4.9(C)(6), prior to granting an abandonment of public easements, the City Commission must find the abandonment will not result in the detriment of the provision of utility services to adjacent properties or the general area. The partial abandonment will not affect current services.
Cit...
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