Res. No. 85-24RESOLUTION NO.85-24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,APPROVING A WAIVER REQUEST TO
SECTION 4.6.5(C)OF THE LAND DEVELOPMENT REGULATIONS
TO CONSTRUCT A TEN-FOOT FENCE IN THE FRONT Y ARD OF
THE PROPERTY LOCATED AT 4645 WHITE CEDAR LANE,AS
MORE PARTICULARLY DESCRIBED HEREIN;PROVIDING FOR AN
EFFECTIVE DATE;AND FOR OTHER PURPOSES.
WHEREAS,Del aire Golf Club,Inc.(the "Owner"),is the owner of a parcel of land located at 4645
White Cedar Lane (the "Property"),as more particularly described in Exhibit "A",attached hereto and
incorporated herein;and
WHEREAS,the Property is zoned Single Family Residential (R-I-AA)and has a Land Use Map
designation of Community Facility (CF);and
WHEREAS,the Owner designated Tara Lynn Patton,AICP,of Planning and Entitlements,LLC,to
act on its behalf regarding the Property (the "Agent");and
WHEREAS,the City of Delray Beach,Florida (the "City")received a waiver application (File No.
2024-091-W AI)associated with the Property,from the Agent to construct a fence located in the front yard
taller than six feet in height;and
WHEREAS,pursuant to Section 4.6.5(C)of the Land Development Regulation of the City of Delray
Beach (the "LOR"),fences located in a front yard shall not exceed six feet in height;and
WHEREAS,the Property contains four pickleball courts in the front yard located along Live Oak
Boulevard and the Owner proposes to construct a fence I O feet in height around the pickleball courts,as more
particularly described in Exhibit "B,"attached hereto and incorporated herein;and
WHEREAS,LOR Section 2.4.11 (8)(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 waiver of relief from LOR Section 4.6.5(C),to construct a l O-foot fence
in the front yard of the Property was presented to the City Commission at a quasi-judicial hearing conducted
on April 16,2024;and
WHEREAS,the City Commission considered the waiver request 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 I.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 waiver (l)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 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 allow
a 10-foot fence in the front yard of the Property.
Section 4.The City Clerk,or designee,is directed to send a certified copy of this Resolution to
Tara-Lynn Patton,AICP,Planning and Entitlements,LLC,l 0805 Gleneagles Road,Boynton Beach,Florida
33436.
Section 5.
repealed.
All resolutions or parts of resolutions in conflict herewith shall be and hereby are
Section 6.This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session on the /6~a~,/
ATTEST:
,2024.
RES.NO.85-24
EXHIBIT A
Those certain parcels of land lying in Section 25,Township 46 South,Range 42 East,and Section 30,
Township 46 South,Range 43 East,for recreation purposes,being more particularly described as follows:
Tracs C,D,E,and F of the plat of Del-Aire Golf Club,as recorded in Plat Book 35,Pages 1-4 of the public
records of Palm Beach County,Florida;
ALSO
Tracts Gand Hof the plat of Del-Aire Golf Club-First Addition,as recorded in Plat Book 37,Pages 163-
166 of the public records of Palm Beach County,Florida;
ALSO
Tracts Land M of the plat of Del-Aire Golf Club Second Addition,as recorded in Plat Book 39,Pages 66
and 67 fo the public records of Palm Beach County,Florida;
LESS:
That portion of Tract C of the plat of Del-Aire Golf Club which was replatted as a portion of Tract P of the
plat of Del-Aire Golf Club Second Addition.
3 RES.NO.85-24
EXHIBIT B
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4 RES.NO.85-24
CITY OF DELRAY BEACH
CITY ATTORNEY'S OFFICE
200 NW I'T Avenue,Delray Beach,FL 33444
561-243-7090
LEGAL RE VIEW FORM
This form is to be used solely for the legal review of documents not including procurement agreements.Procurement
Agreements are reviewed under a separate cover.This form shall only be completed by a member of the City
Attorney's Office.
Date of Review:3/20/24
Document Name:Resolution No.85-24 4645 White Cedar Lane
Document Type:Resolution
Submitted by:Jen Buce
□This document is approved as to form and legal sufficiency.
0 This document is approved as to form and legal sufficiency;however,the undersigned made the
following change(s):
D This document is not approved as to form and legal sufficiency for the following reason(s):
s/Daniela Vega,Esq.
Attorney
Copy to:
_City Attorney's Office (with a copy of the approved document)
CITY OF DELRAY BEACH
OFFICE OF THE CITY CLERK
100 N.W.1°AVENUE •DELRAY BEACH •FLORIDA 33444 •(561)243-7050
CERTIFICATION
Delray Beach
Floridabrrr14IlAmericaCity
n +
1993·2001 ·2017
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.85-24,
as the same was passed and adopted by the Delray Beach City Commission 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.
City Clerk
City of Delray Beach,Florida
Sc .ProANcE .LrcRry.RsoNsIE .IMO/Arv.TAwoRk