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Res. No. 81-24RESOLUTION NO.81-24 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,APPROVING W AIYER REQUESTS TO SECTION 4.6.5(C)OF THE LAND DEVELOPMENT REGULATI ONS TO APPROVE A 9-FOOT 6-INCH MASONRY WALL IN THE WEST INTERIOR SIDE YARD FOR THE PROPERTY LOCATED AT 1234 GEORGE BUSH BOULEVARD AND TO ALLOW A IO-FOOT 7-INCH MASONRY WALL IN THE REAR YARD FOR THE PROPERTIES LOCATED AT 1234,1240,1246,1252,1258,AND 1264 GEORGE BUSH BOULEVARD,AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE;AND FOR OTHER PURPOSES. WHEREAS,1236 George Bush Blvd,LLC (the "Owner"),is the owner of a six-unit townhome development (File No.2022-069),which is under construction at 1234,1240,1246,1252,1258,and 1264 George Bush Boulevard (the "Properties"),as more particularly described in Exhibit "A",attached hereto and incorporated herein;and WHEREAS,the Properties are in a Federal Emergency Management Agency (FEMA)Special Flood Hazard Area "AE (7.0 NAVD),"which sets forth the federal standard for minimum finished floor elevation; and WHEREAS,the Florida Building Code requires an additional foot of elevation of the finished floor elevation;and WHEREAS,the construction of the Properties included raising the grade of the Properties;and WHEREAS,pursuant to Section 4.6.5(C)of the Land Development Regulations of the City of Delray Beach (the "LDR"),walls located in required interior side or rear yards shall not exceed eight feet in height as measured from undisturbed grade;and WHEREAS,the Owner has constructed a 9-foot 6-inch masonry wall in the west interior side yard of the property located at 1234 George Bush Boulevard and proposes to construct a IO-foot 7-inch masonry wall in the rear yard of the Properties,as reflected in Exhibit "B ",attached hereto and incorporated herein; and WHEREAS,the Owner designated Neil Schiller,Esq.,of Government Law Group to act as its agent regarding the Properties (the "Agent");and WHEREAS,the City of Delray Beach,Florida (the "City")received a waiver application (File No. 2024-069-WAl)associated with the Properties,from the Agent to approve masonry walls located in the interior side and rear yards higher than eight feet in height;and WHEREAS,LDR Section 2.4.1 l(B)(5),which governs waivers from development regulations, requires the approving body to make a finding the granting of a 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 requested waivers ofrelief from LDR Section 4.6.5(C),to construct a 9-foot 6-inch masonry wall in the west interior side yard for the property located at 1234 George Bush Boulevard and construct a 10-foot 7-inch masonry wall in the rear yard for the properties located at 1234,1240,1246,1252, 1258,and 1264 George Bush Boulevard,were presented to the City Commission at a quasi-judicial hearing conducted on April 16,2024;and WHEREAS,the City Commission considered the waiver requests and has considered the respective findings as set forth in the Land Development Regulations. NOW,THEREFORE,BE IT RESOL VED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Section 1.The foregoing recitals are hereby incorporated herein by this reference and are approved and adopted. Section 2.The City Commission makes positive findings that the requested waivers (1)do not adversely affect the neighboring area,(2)do not significantly diminish the provision of public facilities,(3) do not create an unsafe situation,and (4)do not result in the grant of a special privilege in that the same waivers would be granted under similar circumstances on other property for another applicant or owner. Section 3.The City Commission approves the waiver request to LDR Section 4.6.5(C),to construct a 9-foot 6-inch masonry wall measured from the undisturbed grade in the west interior side yard for the property located at 1234 George Bush Boulevard subject to the condition that the Owner collaborates with staff and the adjoining property owners to finish both sides of the masonry wall to the satisfaction of the adjoining property owners. Section 4.The City Commission approves the waiver request to LDR Section 4.6.5(C),to construct a 1 O-foot 7-inch masonry wall measured from the undisturbed grade in the rear yard for the properties located at 1234,1240,1246,1252,1258,and 1264 George Bush Boulevard subject to the condition that the Owner collaborates with staff and the adjoining property owners to finish both sides of the masonry wall to the satisfaction of the adjoining property owners. 2 RES.NO.81-24 Section 5.The City Clerk,or designee,is directed to send a certified copy of this Resolution to Neil M.Schiller,Esq.at 137 NW 151 Avenue,Delray Beach,Florida 33444. Section 6. repealed. All resolutions or parts of resolutions in conflict herewith shall be and hereby are Section 7.This Resolution shall be effective immediately upon adoption. PA SSED A N D A DO PTE D in regular session on th e //,<{(._day~,20 24. ATTEST: d legal sufficiency: 3 RES.NO.81-24 -2...$..Toras.Cm,5,$a.@ EXHIBIT "A" 1234 George Bush Boulevard: Lot 1 of 1236 GEORGE BUSH BLVD,according to the Plat thereof,recorded in Plat Book 134,at Page 99,of the Public Records of Palm Beach County,Florida;said lands situate,lying,and being in Palm Beach County,Florida. 1240 George Bush Boulevard: Lot 2 of 1236 GEORGE BUSH BLVD,according to the Plat thereof,recorded in Plat Book 134,at Page 99,of the Public Records of Palm Beach County,Florida;said lands situate,lying,and being in Palm Beach County,Florida. 1246 George Bush Boulevard: Lot 3 of 1236 GEORGE BUSH BLVD,according to the Plat thereof,recorded in Plat Book 134,at Page 99,of the Public Records of Palm Beach County,Florida;said lands situate,lying,and being in Palm Beach County,Florida. 1252 George Bush Boulevard: Lot 4 of 1236 GEORGE BUSH BLVD,according to the Plat thereof,recorded in Plat Book 134,at Page 99,of the Public Records of Palm Beach County,Florida;said lands situate,lying,and being in Palm Beach County,Florida. 1258 George Bush Boulevard: Lot 5 of 1236 GEORGE BUSH BLVD,according to the Plat thereof,recorded in Plat Book 134,at Page 99,of the Public Records of Palm Beach County,Florida;said lands situate,lying,and being in Palm Beach County,Florida. 1264 George Bush Boulevard: Lot 6 of 1236 GEORGE BUSH BLVD,according to the Plat thereof,recorded in Plat Book 134,at Page 99,of the Public Records of Palm Beach County,Florida;said lands situate,lying,and being in Palm Beach County,Florida. 4 RES.NO.81-24 EXHIBIT "B" y:r to to T ,fe f tag2tot /e pa teorgBIhoilevard:'««« --·--·-,M E E 'M E £' M E E M E Er f-La •MEE MEE 621-800 M EE f « if « M E E . •nE+Hnt r oLasf«tat 91 930 M£ 967 .·--'.-' l••t a +E at «i 967 -1000o nEsHIET+ltatTat LoT 1 «ngew1+ttarrt or 2 •IEinria tu.r tit 1000 1000,_ Lor 3 / •967 '''_,_ iofaII967 ·, ••967 e ..'a935 LOT 4 +Ttt+HT T ol ta r tT ait L0T 5 1000, 967 967 +t i4 »a.nein ]sor t1_y 967 .-967 -. -967-o i « t t.$»i.+n +d 967 •e--967.-. 1 O-_·--~~ +t •96 ..ufe4tof967 967o:. i •1,-n- J I /¡;- 9 40'935 9 60 955 nuttevr 60MEE te r o tae 5 RES.NO.81-24 C IT Y OF DELRA Y B EAC H O F F IC E O F T H E C ITY CL ER K 100 N.W.1 AVENUE •DELRAY BEACH •FLORIDA 33444 •(561)243-7050 Delray Beach Floridabrr1AIEAmericaCity 1993-2001·2017 CERTIFICATION I,Alexis Givings,Deputy City Clerk of the City of Delray Beach,do hereby certify that the attached document is a true and correct copy of Resolution No.81-24, as the sam e was passed and adopted by the Delray Beach City Comm ission in regular session on the 16h day of April 2024. IN WITNESS WHEREOF,I have hereunto set my hand and the official seal of the City of Delray Beach,Florida,on this the 18h day of April 2024. Jgt..·2<. Kat@erri .oh« City Clerk City of Delray Beach,Florida S-n c .PromMaNc .Lr G .R seo»sise .Lo/ATE.TA»nwoRK