Res No. 213-19RESOLUTION NO. 213-19
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(D)(2)(A),
WHICH SETS FORTH A MINIMUM 10' SETBACK FOR BUILDING
FRONTS AND REARS, TO ALLOW FOR THE FRONT SETBACK OF
PHG DELRAY LOCATED AT 200 NE 5TH AVENUE TO ENCROACH
9' ALONG NE 2ND STREET, 8'-2.5" ALONG NE 5TH AVENUE, AND
9.51' ALONG THE WEST SIDE OF THE PROPERTY, 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 V Site Plan
application (2019-233) ("Project") for PHG Delray located at 200 NE 5'h Avenue ("the Property"); and
WHEREAS, LDR Section 4.4.13(D)(2)(a) requires a minimum 10' front and rear building
setback for storefronts ("the Requirement"); and
WHEREAS, the proposed waiver request seeks relief from the Requirement, as it pertains to a
fully subterranean parking level, to allow for the front setback to encroach 9' along NE 2nd Street, 8' -2.5"
along NE 5'h A venue, and 9 .51' along the west side of the property; and
WHEREAS, at its meeting of November 20, 2019, the Site Plan Review and Appearance Board
(SPRAB) voted 5 to O (Perez, L'Herrou absent) to recommend approval to the City Commission of the
waiver from LDR Section 4.4.13(D)(2)(a) to allow for the proposed building to encroach 9' on the south,
8' -2.5" on the east side of the property into the 1 O' required front setback and 9 .51' into the 1 O' required
rear setback on the west side of the property, as it pertains to a fully subterranean parking level; 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)(5) and 4.4.13(K)(5)(b)(2),
granting relief from LDR Section 4.4.13(D)(2)(a), to allow for encroachment into the required 10' front
and rear setback, as it pertains to a fully subterranean parking level, and has considered the respective
findings as set forth in the Land Development Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the forgoing recitals are 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(D)(2)(a), to allow for the front setback to encroach 9' along NE 2nd Street, 8'-2.5" along NE 5th
A venue, and 9 .51' along the west side of the Property, solely as it pertains to a fully subterranean parking level,
and;
Section 3. The granting of this waiver does not apply to any portion of the property or
building located at or above ground-level.
Section 4. The City Clerk, or designee, is directed to send a certified copy of this Resolution to
Covelli Design Associates, Inc.
This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session on the_.....,,__ __ day of~' 2019.
Section 5.
d legal sufficiency:
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RES. NO. 213-19