Res No. 179-19RESOLUTIONNO. 179-19
A RESOLUTION OF TI-IE OIT CDMMISSION OF TI-IE OIT OF DELRAY
BEAŒ-I GRANTING AW AIVER REQUEST TO EXCEED TI-IE MAXIMUM
WIDTH OF A BUILDING FRONTING A STREET, AS SET FORTH IN
SECTION 4.4.24(F)(4), OF TI-IE LAND DEVELOPMENT REGULATIONS OF
TI-IE CDDE OF ORDINANCES, FOR TI-IE PROPERIT LOCATED AT 131
NW 15T AVENUE, WITHIN TI-IE OLD SŒ-IOOL SQUARE I-IlSTORIC
DISTRICT; PROVIDING AN EFFECTIVE DATE AND FOR 011--IER
PURPOSES.
WHEREAS, Joseph and Donna Marion (" Applicant/Property Owner"), submitted a development
application (2019-150-CDA-HPB-O..J) for the approval of a waiver request associated with additions and
alterations to a contributing structure located at 131 NW 1 si Avenue, within the Old School Square Historic
District; and,
WHEREAS, the subject property is located on the east side of NW 1 si Avenue, between NW 1 si Street
and NW 2nd Street / Martin Luther King, Jr. Drive and is zoned Old School Square Historic Arts District
(OSSHAD); and,
WHEREAS, the proposed development application includes additions to the existing structure that
increase the width of the building facing the street from 44 feet to 63 feet, 8 inches; and,
WHEREAS, the proposed development application consists of a requested waiver Development
Standards for the OSSHAD zoning district in LDR Section 4.4.24(F)(4), which states, "except for properties
identified in Sections 4.4.24(F)(l) and (2) and the Old School Square Cultural Arts Complex, the maxim um
width of a building fronting a street shall be limited to 60 feet and shall have a minimum separation of 15 feet
between buildings fronting a street in a development site that contains more than one structure."
WHEREAS, LDR Section 2.4.7(B)(5) Waiw; priorto granting a waiver, the approving body shall make
a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and
(d) Does not result in the grant of a special privilege in that the same waiver would be granted
under similar circumstances on other property for another applicant or owner; and
WHEREAS, the Waiver to increase the maximum width of a building front a street for the building
located at 131 NW ls1 Avenue (2019-150-CDA-HPB-O.J) was presented to the City Commission at a quasi-
judicial hearing conducted on October 15, 2019; and
WHEREAS, the City Commission has reviewed the waiver request to LDR Section 4.4.24(F)(4), to
increase the maximum width of a building fronting a street from 60 feet to 63 feet, 8 inches, for the building
located at 131 NW 1 si Avenue and has considered the respective findings for each as set forth in the Land
Development Regulations.
NOW, TI-IEREFORE, BE IT RESOLVED BY TI-IE OTY CDMMISSION OF TI-IE OTY OF
DELRAY BEAŒI, FLORIDA, AS FOLLOWS:
Section l. That the foregoing recitals are hereby incorporated by this reference.
Section 2. The City Commission makes positive findings that the requested waiver (1) does not
adversely affect the neighboring area, (2) does not significantly diminis h the provision of public facilities, (3)
does not create an unsafe situation, and (4) does not result in the grant of a special privilege in that the same
waiver would be granted under a similar circumstances on other property for another applicant or owner for
the granting of approval to increase the maximum width of a building fronting a street to greater than the
maximum allowable width of 60 feet to 63 feet, 8 inches ..
Section 3. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed.
Section 4. This Resolution shall become effective immediately upon adoption.
PASS ED AND ADOPTED in regular session on the;:....->-""'--l