Res. No. 178-24 (Recorded)CFN 20240347177
OR BK 35316 PG 803
RECORDED 10/8/2024 1:11 PM
Palm Beach County, Florida
Joseph Abruzzo, Clerk
Pgs: 803 - 807; (5pgs)
RESOLUTION NO. 178-24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA. APPROVING A WAIVER REQUEST TO
SECTION 4A.13(D)(2)(a)I- OF THE LAND DEVELOPMENT
REOUI-ATIONS ALLOWING NO FRONT SETBACK FOR A PORTION
OF THE PROJECT LOCATED AT 306 NE 2ND STREET. AS MORE
PARTICULARLY DESCRIBED HEREIN, PROVIDING AN EFFECTIVE
DATE: AND FOR OTHER PURPOSES.
Wl IEREAS. 306 NE 2ND STREET LI-C, ("Owner-), is the owner Of a parcel of land measuring
approxiniatclyO.85 acres located at 306 NF 2nd Street ("Property"). as rnoreparticularly described in Exhibit
"A": rand
WHEREAS. the Property is zoned Central Business District ("Cl3l)") within the Central Core and
Railroad Sub -district, and
WHEREAS. Owner designated .Ion Kinsman 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
waivers (File No. 2023-196) from Owner seeking to construct a mixed -use retail and residential development
("Project'"); an d
W H E'R I --'A S, Section 4,4. 13 (D)(2) (a) 1. o I't 1i e City of betray Beach Land De ve I opirl en ( Regulations
(-LDR-) requires a minimum 11-ont setback. often tee( in the 0313; and
WHEREAS, the Project includes a waiver 1'eCILIeSt to allow no front setback lor a portion of the
proposed structLire; and
WHEREAS, I -DR Swim 2.4,11 (13)(5) requires (lie approving body to make a finding that the
orarifing of a waiver:
cl
(a) Shalt not adversely affect, the neighboring area;
Shall not si-nificant1v diminish the provision of public facilities,
(C) Shall not create ail tinsa fe situation; and,
(d) Does not 1-cSLLlt in the *rant Of 8 Special privilege in that the same waiver WOUld be garited
tz�
under a similar Cil-CLIMAWICC on other property for another applicant or Owner, and
WI IEREAS, LDR Section 2.4-11 (13)(5)(c), which govern waivers from development standards in the
CBD, also require the approving body to make a finding that the granting of the waiver:
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(1) Small not result in an inferior pedestrian experience along a Primary Street, such as exposing
parking garages or lame expanses of blank walls;
(2) Shall not: allow the creation of significant incompatibilities with nearby buildings or uses of
land;
(3) Shall not erode the connectivity of the street and sideAvalk network or negatively impact any
adopted bicycle/pedestrian master flan, and
(4) Shall not reduce the quality of civic open spaces provided under this Code: and
WHERFAS. on August 12, 2024, the Planning; and Zoning Board voted 3 to 2 to recommend denial
to the. City Commission: and
WIIFRFAS, on October I, 2024, the City Commission considered the waiver request as well as the
respective findings as sett forth in the Land Development Regulations.
NOW. THEREFORE, 61-:1 IT RESOLVED BY 'mE CITY COMMISSION OF T14E CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS;
Section L The foregoing recitals are; hereby affirmed and ratified.
Section 2. The City Commission makes positive landings that the requested waiver (1) does not
adversely affect the neighboring area, (2) does not signtlicantly diniinish Ilse provision or public I.acilities,
(3) does not create an UII.Safe situation, and (4) does not result in the grant cif a special privilege in that the
same waiver would bey granted Linder a irnilar circumstance oti other prolaerty for another applicant or owner.
Section 3. The City Commission makes positive findings that the requested waiver (I ) does not.
result in an inferior pedeSLriarl experience along a Primary Street, such as exposing parking garages or large
expanses of"blank walls, (2) does not allow (lie creation ofsignificant incompatibilities with nearby buildings
or uses of land, (3) does not erode the connectivity of the street and sidelAalk network or negatively impact
any adopted bicycle pedestrian master plan, and (4) does not redLLCC the quality of ck is open Spaces provided
under this code.
Section 4. The City Commission approves the waiver request to MR Section 4.4.13(D)(2)(a)l..
to allow no front setback for a portion of the Prnject.
Section 5, The. City Clerk, or dcsignc ce is directed to send a certified copy of this Resolution to
Jon Kinsman. 265 NE, 5th Avenue. Delray Leach, Florida, 33483.
Section 6. All resolutions or parts of resolutions in conflict herewith shall be; and hereby are
repealed.
RL & NO, 178^24
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Section 7. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session on the day of - Ca46e&. 1024.
ATTEs"r:
Awy, 4
Alexis Givings. Interim City Clerk
as to IIICV:
Prin arAlegal sufficiC
Lynn GAin^ty AttOTnCy
Thomas F. Carney, Jr., Ma 1 01'
SEAL I'
R,E'S. NO. 179-24
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Exhibit "A"
A PARALLELOGRAM SHAPED PARCEL OF LAND MEASURING APPROXIMATELY 50* X 480'
W141CH LIES ADJACENT TO A PORTION OF LOT AND LOTS 4 To 12 IN BLOCK 90 OF L.R.
BENJAMIN'S SUBDIVISION MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE EASTERLY 50 FEET OFTHE FLORIDA EAST COAST RAILWAY COMPANY'S 150 FOOT
RIGHT OF WAY IN BLOCK 90 OF -rHE TOWN OF DELRAY, FLORIDA,. ACCORDING TO MODEL
LAND COMPANY'S SUBDIVISION AND PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 33,
THAT LIES ADJACENT TO THE SOUTH ONE-HALF OF LOT 3 AND LOTS 4 THROU(JIT 12,
INCLUSIVE, IN 13LOCK 90 OF L.R.. BFNJANVN'S SUBDIVISION AC CORDING TO TIIE [,[-AT
TIJEREOFRECORI)I--[)INPLAT E300K 12,PAGI: 18,OFTHE f'LJBLICRECORDS OFPAI-.MBI'--.ACII
COUNTY, FLORIDA,
TOGE"I'llFil WiTil:
THE NORTH 100 FEET OF BLO( K 91, LYING EAST OF FLORIDA EAST COAST RAILWAY
COMPANY RI(; rr OF WAY IN THE ( ' E 'tTY OF DI BEACH (FORMERLY LINTON), FLORIDA,
A( " 'CORDI.N(; TO,rHE PLAT THEREOF, RE(, X)RDED IN THE (..)FFICE OF THE (..LER.K OF THE
CIRCUIT COURT IN AND FOR PALM BEACH. COUNTY, FLORIDA. IN PLAT BOOK L AT PAGE 3,
WHICH IS THE SAME PROPERTY AS SHOWN ON THE PLAT OF THE RESUBDIVISION OF
81-0(I KS 91. AND 921, AND THL- WEST HALFOF BLOCK 99,1'OWN OF LINTON, DADE COUNTY,
FLORIDA, FILL) MAY 9, 1912, AND RECORDED IN PLAT BOOK 1 PAGE 21. PALM BEACH
(:OUNTY, FLORIDA, RLCORDS. SHOWN AS BEING siTUATI12 ON THE NORTHERLY SIDL 01�'
THE RESUBDI.VISION OF BLOCK 91, BEING AN ARIA 100 FLLT FROM THE' NORTH TO SOUTH
ON THE EAST, RUNNING wL,'s,r OF THE FLORIDA EAST' COAST RAILWAY COMPANY RIGHT
OF WAY, AND 1_)ESIGNATj2*D "NOT INCLUDED" AND BLING THE' PROPERTY IN PART
CONVEYED TO CALVIN W. GARNER AND EULALI.E M. GARNER, HIS WIFE, TO L.C. VAUGHN,
BY DEED DATE'D APRIL 26, 1954, RE'CORDED IN THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLOR IDA. IN DEED BOOK 1052.1 AT PAGE 452,
4
RES, INO, 178-24
CFN 20240347177
OR BK 35316 PG 807
Pg: 5DWray Beach
Florida
CITY OF DELRAY BEACH ale
-Aawca CM
OFFICE OF THE CITY CLERK
100 NW Pr AVENUE * DELRAY BEACH 9 FLORIDA 33444 # (561) 243.7050
1 "JI - 2001. 2017
CERTIFICATION
1, Alexis Givings, Interim City Clerk of the City of Delray Beach, do hereby certify
that the attached document is a true and correct copy of Resolution No. 178-24, as the
saine was passed and adopted by the Delray Beach City Commission in regular session
on the 1st day of October 2024,
IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of
the City of Delray Beach, Florida, on this the 2-1 day of October 2024.
Alexis Givings
Deputy City Clerk
City of Delray Beach, Florida
I I i� , L f" "", J, I-) Iz
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