File #: 21-126    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 1/25/2021 In control: City Commission
On agenda: 2/9/2021 Final action:
Title: RESOLUTION NO. 40-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN APPEAL AND APPROVING A WAIVER TO SECTION 5.3.1(A) OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW FOR A REDUCTION OF THE REQUIRED RIGHT OF WAY DEDICATION FOR THE PROPERTY LOCATED AT 816 PALM TRAIL, 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. 40-21, 3. Surevey - Res. No 40-21, 4. Appeal Letter, 5. Simple Legal Review Approval 40-21
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TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services
THROUGH: Jennifer Alvarez, Interim City Manager
DATE: February 9, 2021

Title
RESOLUTION NO. 40-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN APPEAL AND APPROVING A WAIVER TO SECTION 5.3.1(A) OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW FOR A REDUCTION OF THE REQUIRED RIGHT OF WAY DEDICATION FOR THE PROPERTY LOCATED AT 816 PALM TRAIL, 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. 40-21 of an appeal to section 5.3.1(A) of the Land Development Regulations to allow a reduction of an alley right of way.

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Background:
The subject property is adjacent to 816 Palm Trail, which is before the City Commission for waivers to LDR Sections 4.1.4(B) and 4.1.4(D) to allow for the construction of non workforce housing residential structures on lots with
frontage of less than 50 feet. The property is located in the North Palm Trail neighborhood and is zoned (RM) Medium Density Residential with a LUM of (MD) Medium Density. The existing property contains one parcel that is unified by a Unity of title and contains a medical office that is 22,778 square feet, which was built in 1978.

The request is for a Right-of-Way reduction for the Sophia Frey Subdivision, which was submitted in response to the technical review of the 816 Palm Trail waivers. Based on the survey provided, the alley that is adjacent to Lot 9 Block 5 is 15 feet wide. Per the Comprehensive Plan, Table MBL-1, alleys have an ultimate width of 20 feet wide; this requirement applies City wide. Upon redevelopment, the property is required to dedicate 2.5' to the alley. Per the code, when a 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 po...

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