Res. No. 01-20RESOLUTTON NO. 01-20
A RESOLUTTON OF THE QTY COMMISSION OF TI-IE QTY OF
DELRAY BEAŒL FLORIDA, GRANTI NG A WAIVER REQUEST TO
LDR SECTION 4.6.7(E)(7) PURSUANT TO LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, AND TIIE
COMPREHENSIVE PLAN, FOR THE INSTALLATION OF A WALL
SIGN AT 307 E. ATLANTIC AVENUE (PCN 12-43-46-16-01-092-0060);
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, Rosebud 307, LLC ("Applicant/Propeny Owner"), through its agent Jordana Jarjura
(" Agent"), submitted a development application (2020-041-W AI-CCA) for the approval of a waiver request for
the installation of a wall sign, measuring 10.75' x 8.58' with an overall square footage of 92.23', on the east
elevation of the building, which does not face a dedicated street frontage, located at 307 E. Atlantic Avenue,
Delray Beach ("the Site"); and
WHE REAS, the Site consists of 0.12 acres and is zoned Central Business District (CBD); and
WHE REAS, Section 4.6.7(E)(7) of the City of Delray Beach Land Development Regulations (LDR) set
forth the design standards for signage in the CBD; and
WHE REAS, the proposed wall sign is inconsistent with the requirements of LDR Section 4.6.7(E)(7)
and therefore requires a waiver; and
WHEREAS, LDR Section 2.4.7(B)(S), which governs waivers from development regulations, requires
the approving body to make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminis h 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 a similar circumstance on other property for another applicant or owner; and
WHEREAS, LDR Section 4.4.13(K)(5)(6)(2), which governs waivers from development regulations, in
the Central Business District also requires the approving body to make a finding that the granting of the waiver:
(a) Shall result in an inferior pedestrian experience along a Primary Street, such as exposing
parking garages or large expanses of blank walls;
(b) Shall not allow the creation of significant incompatibilities within nearby buildings or uses of
land;
(c) Shall not erode the connectivity of the street network or negatively impact any adopted
bicycle/ pedestrian master plan; and
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RES. NO. 01-20
( d) Shall not reduce the quality of civic open spaces provided under this code; and
WHE RE AS, the requested waiver of relief from LDR Section 4.6.7(E)(7) regarding the proposed wall
sign at the Site was presented to the City Commission at a quasi-judicial hearing conducted on January 14, 2020;
and
WHEREAS, City Commission reviewed the waiver request from LDR Section 4.6.7(E)(7) as it relates to
a wall sign, measuring at 10.75' x 8.58' with an overall square footage of 92.23', on the east elevation of the Site,
which does not face a dedicated street frontage, and considered the respective findings for each item as set forth
in the Land Development Regulations.
NOW, TI-IEREFORE, BE IT RESOL VED BY TI-IE QTY COMMISSION OF TI-IE QTY OF
DELRAY BEAŒI, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing recitals are hereby incorporated by this reference.
Section 2. The GtyCommission makes positive findings that the requested waiver (1) does not adversely
affect the neighboring area, (2) does not significantly diminish 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.
Section 3. The GtyCommission makes positive findings that the requested waiver (1) does not result in
an inferior pedestrian experience along a Primary Street; (2) does not allow the creation of significant
incompatibilities within nearby buildings or uses of land; (3) does not erode the connectivity of the street network
or negatively impact any adopted bicycle/ pedestrian master plan; and( 4) does not reduce the quality of civic open
spaces provided under this code.
Section 4. The Gty Commission approves the waiver for the installation of a wall sign at 307 E Atlantic
Avenue, Delray Beach, as reflected in Exhibit "A" and Exhibit "B", which are incorporated herein.
Section S. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed.
Section 6. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED in regular session on the £ day of j~ , 2020.
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RES. NO. 01-20
legal sufficiency:
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RES. NO. 01-20
Exhibit "A"
307 E. Atlantic Avenue
Site Plan
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PROPOSED SITE PLAN - OUTDOOR/INDOOR LOUNGE SEATING
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RES. NO. 01-20
Exhibit "B"
307 E. Atlantic Avenue
Sign Rendering
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SIDE ELEVATION SIGNAGE (EAST FACING EXTERIOR WALL)
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RES. NO. 01-20