TO: Mayor and Commissioners
FROM: Lynn Gelin, City Attorney
DATE: January 16, 2024
Title
RESOLUTION NO. 38-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING THAT THE CITY OF DELRAY BEACH IS CONSIDERING AMENDMENTS TO THE CITY’S LAND DEVELOPMENT REGULATIONS (LDR) WITH RESPECT TO BASE DISTRICT DEVELOPMENT STANDARDS AND THE STRUCTURES ALLOWED IN SETBACKS PURSUANT TO SECTION 4.3.4 (H)(4)(d); PROVIDING THAT DURING THE PENDENCY OF THE CITY’S CONSIDERATION OF THE NEW LDR AMENDMENTS, THE CITY WILL DEFER THE PROCESSING AND APPROVAL OF ALL APPLICATIONS THAT PROPOSE TO BUILD BALCONIES IN SETBACKS; AND PROVIDING AN EFFECTIVE DATE.
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Recommended Action:
Recommendation
Motion to Approve Resolution 38-24.
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Background:
This Resolution adopts the pending ordinance doctrine and Florida law as applied to the City’s review of its zoning regulations relating to applications that propose to build balconies in setbacks. During the zoning in progress period of 180 days, the City will defer the acceptance and processing of applications for these types of development applications.
Staff has initiated this request due to a long-standing interpretation of LDR Section 4.3.4(H)(4)(d) that interpreted “House Eaves, not to exceed a three-foot overhang” to allow balconies to project into setback areas. Staff desires to propose adoption of specific regulations for the size and design elements of balconies allowed in setbacks in order to properly execute the City’s Land Development Regulations.
City Attorney Review:
Approved as to form and legal sufficiency