Res. No. 144-24 (Recorded)CFN 20240327910
OR BK 35284 PG 1395
RECORDED 9/20/2024 2:52 PM
Palm Beach County, Florida
Joseph Abruzzo, Clerk
Pgs: 1395 - 1399; (5pgs)
RESOLUTION NO. 144-24
A RESOLUTION OF THE CITY COMMISSION OF 'THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING A WAIVER. REQUEST TO
SECTION 4.4.13(D)(2)(a)l. OF THE LAND DEVELOPMENT
REGULATIONS APPROVING; A FRONT SETBACK OF SIX FEET. FOR
THE PROJECT LOCATED AT 314 NEB 3RD AVENUE AS MORE
PARTICULARLY DESCRIBED HEREIN: PROVIDING AN
EFFECTIVE DATE: AND FOR OTIIER PURPOSES.
WHEREAS, Ocean Parker Delray, LLC ("Owner"), is the owner of a Parcel of land measuring
approximately 0.147 acres located at 314 NF 3rd Avenue ("Property") as snore particularly described in
Fxhibit "A": and
W1EFRFAS, the: Property is 70ncd Central Business District (' C BD") within the Railroad Sub-
district; and
WHEREAS. Owncr designated Jeffrey A. Costello to act as its agent regarding the Property: and
WHEREAS. the City of Delray Beach, Florida („City") received a. Level 4 Site Plan :"-Application with
a waiver (File No.—1024-081) firm the Owncr. seeking to construct a mixed -use office and residential
development ("Project")- and
WHE'RLA.S, pursuant to Section 4.4.13(D)(2)(a)l. of the sty Land Development Re;guladons
("LDR") a minimum front setback of ten feet is required in the CBD; and
WHEREAS, the Project includes a waiver request to allow a 6-loot front setback 6or a portion ol,the
proposed structure; and
WHEREAS. AS. LDR Section 2.4.1 1(B)(5) requires the approving body to Blake fmclings that the
granting of a waiver:
(a) Shall not adversely affect the neighboring area.
(b) Shall not significantly diminish the provision of public #acilities:
(c) Shull #lot Create all unsafe; situatioll; and,
(d) Does llot result in the grant of a special privilege in that the; same waiver would be granted
under a similar circumstance oil other property for another applicant or owner; and
WEIERE AS, LDR. Section 2.4.1 1(13)(5)(c), which govern waivers from development standards In the
CRT), also require the approving body to make findings that the granting of the waiver:
CFN 20240327910
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(a) Shall not result in an inferior pedestrian experience along a Primary Street, such as exposing
parking garages or large expanses of blank wails,
(b) Shall not allow the creation ofsiniticant incompatibilities with ticartay buiidins or uses of
land;
(c) Shull not erode the connectivity of the street and sidewalk network or net4atively impact any
adopted bicycle',/pedestrian master plan; and
(d) Shall not reduce the quality of civic open spaces provided under this code: and
WHEREAS, RFAS, on August 12. 2024, the Planning; and 7oninu Board voted 6 to 0 to recommend approval
to the City Commission of the requested waiver; and
WI IERI=AS. on September 16, 2024, the; City Commission considered the: waiver request at a quasi -
.judicial hearing. as well as the: respective findings as set forth in the LDR.
NOW, THEREFORE, BE IT RESOLVED BY 'THI CITY COMMISSION OF THE CITY OF
DELRAY BEACH. FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby affirmed and ratified,
Section 2. Hie City Commission makes positive lindings that the requested waiver I I I does not
adversely affect the lie ighboll ag area, (2) does not significantly diminish the provision afpublic facilities.
(3) dues not create an unsafe situation. and (4) doe` not result in the ;rant of a special privilege in that the
same waiver would he granted under a Similar etrctlnlstanee c?t1 other property f:ar aal.ol.11er applicant or Owl1er.
Section 3. The City Commission snakes positive linding;s t11,11 the requested waiver (I ) dares 1101.
result in an interior pedestrian experience along a Primary Street, such as exposing parking garages or targe
expanses of blank walls, (2) does not allow Elie creation of'si,gnificant incompatibilities with nearby buildings
or uses of land, (3) does not erode the connectivity of the street and sidewalk network or negatively impact:
any adopted bicycle pedestrian master plan, and (4) does not reduce the equality ofci\ is open spaces provided
under this code.
Section 4. The Carty Con1mission approves the Waiver request to LDR Section 4.4.13(1))(2)(a)1.,
to allow a front setback of six feet for the Proiect.
Section 5. The: City Clerk, or designee, is directed to send a certified copy of this Resolution to
.ieffrcy A. Castello, AiCP, IRA -RA, 981 Delray Lakes Drive, Delray Beach. Florida, 33444.
Section 6. All resolutions or parts of resolutions in conflict herewith shall be and hereby are
repealed.
RIDS. N c 7. 144E -24.
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Section 7, This Resolution shall be effective immediately upon adoption,
PASSED AND ADOPTED in regular session on the lVkdav of `! . 21024.
A'I'TES'I'.
Katerri Johnson, ,`ity C"Ierk
Approved rn7 anti lc cal sufficienev;
Lyniv ttorncy
:A
3
Thomas F. Carney, Jr„ Mayo
R1-`5, N(). t44 ?4
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Exhibit "A"
LOT 17 BLOCK 81 LESS THE EAST 5 FEET AND THE WEST 2 FEET FOR ADDITIONAL
RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORD BOOK 33900 PAGE 1476 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AS SHOWN ON THE
PLAT OF THE SUBDIVISION OF BLOCK 81 DELRAY BEACH, FLORIDA. AS RECORDED
IN PLAT BOOK I I PAGE 32 OFTHE P(J'BLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA
RI-;-S. No144,224
CFN 20240327910
OR BK 35284 PG 1399
Pg: 5 of�flray Beach
Florida
CITY OF DELRAY BEACH
OFFICE OF THE CITY CLERK �
100 N.W. 1ST AVENUE * DELRAY BEACH * FLORIDA 33444 * (561) 243-7050
1991-2001 •201"
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, 144-24, as the
same was passed and adopted by the Delray Beach City Commission in regular session
on the 16th day of September 2024.
IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of
the City of Delray Beach, Florida, on this the 17th day of September 2024.
Alexis Livings "
Deputy City Clerk
City of Delray Beach, Florida
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