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
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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"
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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