Res No. 203-19RESOLUTION NO. 203-19
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO
LAND DEVELOPMENT REGULATIONS SECTION 4.4.13(E)(4)(e)1.a.
TABLE 4.4.13(1) DIMENSIONAL REQUIREMENTS FOR
STOREFRONTS, LINE A, BUILDING SETBACK, WHICH REQUIRES
A MINIMUM 10' SETBACK FOR STOREFRONTS IN THE CENTRAL
BUSINESS DISTRICT, WHEREAS A 7'-10" FRONT SETBACK IS
BEING PROPOSED FOR THE PIERRE DELRAY 1 BUILDING
LOCATED AT 302 E. ATLANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN
EFFECTIVE DA TE; AND FOR OTHER PURPOSES.
WHEREAS, the City of Delray Beach, Florida ("the City") received a Class III Site Plan
modification application (2019-256) ("Project") to effectuate improvements to the Pierre Delray I
Building located at 302 E. Atlantic Avenue ("Subject Site") with adjacent utility and paving improvements
in the public Right-Of-Way (ROW); and
WHEREAS, LDR Section 4.4.13 (E)(4)(e)1.a. Table 4.4.13(1) Dimensional Requirements for
Storefronts, Line A, Building Setback, ("the Requirement") requires a minimum 10' building setback for
storefronts; and
WHEREAS, the proposed waiver request seeks relief from the Requirement to allow for the
storefront façade of the Project to encroach 2' -2" into the 10' required front setback on the north side
of the property resulting in a 7'-1 O" storefront setback as more particularly described in Exhibit "A",
and;
WHEREAS, waivers to decrease the minimum front setback depth are permitted if the reduction
does not result in a streetscape which fails to meet the minimum streetscape requirements of Section
4.4.13(E)(2); and
WHEREAS, at its meeting of November 13, 2019, the Site Plan Review and Appearance Board
(SPRA B) voted 6 to O to recommend approval to the City Commission of the waiver from LDR Section
LDR Section 4.4.13 (E)(4)(E)1., a., Table 4.4.13 (I), A, which sets forth a minimum 10' building setback
for storefronts in the CBD, whereas a 7'-10" setback is being proposed; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, reviewed the waiver
request in accordance with the standards listed in LDR Sections 2.4.7 (B)(S) and 4.4.13 (K)(5)(b)(2),
granting relief from LDR Section 4.4.13 (E)( 4)( e) 1.a. Table 4.4.13(1) Dimensional Requirements for
Storefronts, Line A, Building Setback, to allow for a 7'-10" storefront setback at the north side of the
Subject Site in lieu of the minimum 10' setback required, and has considered the respective findings as
set forth in the Land Development Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the forgoing recitals arc hereby incorporated herein by this reference and
are approved and adopted.
Section 2. The City Commission makes positive findings for the granting of the waiver
from LDR Section 4.4.13 (E)(4)(e)l.a. Table 4.4.13(1) Dimensional Requirements for Storefronts,
Line A, Building Setback, to allow for a proposed 7'-1 O" storefront setback in lieu of the required
minim um 10' storefront setback for the Pierre Delray I building located at 302 E. Atlantic Avenue.
Section 3. The City Clerk, or designee, is directed to send a certified copy of this
Resolution to Bonnie Miskel, Esq., of Dunay, Miske! & Backman, LLP.
This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session on the., __ :c...__ day of ~W, 2019.
Section 4.
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RES. NO. 203-19