TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence Moore, ICMA-CM
DATE: December 17, 2024
Title
RESOLUTION NO. 245-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO SECTION 4.6.5(C) OF THE LAND DEVELOPMENT REGULATIONS, TO ALLOW A TEN-FOOT HIGH WALL TO BE LOCATED WITHIN THE FRONT AND SIDE STREET SETBACK FOR THE PROPERTY LOCATED AT 319 ANDREWS AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL HEARING)
Body
Recommended Action
Recommendation
Review and consider Resolution No. 245-24, approval of a waiver to LDR Section 4.6.5(C) to allow a wall in the front and side-street setback at a height of 10 feet, whereas a maximum height of 6 feet is permitted at the property located at 319 Andrews Avenue.
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Background:
The subject request was submitted for the property located at 319 Andrews Avenue, which is an approximate 0.27 acre property located at the northeast corner of Andrews Avenue and Laing Street on the barrier island.
A two-story single-family residence is under construction at the subject property and a building permit for the construction has been issued. After construction had commenced, the Applicant submitted a waiver request to allow a wall at a height greater than the maximum allowed within the front and side yard setback (File No. 2024-166). The Applicant has stated that the height increase is a result of the grading of the property that was done to meet FEMA flood elevation requirements, and that by way of this increase in grade completed as part of the initial construction, a wall that extends well above the maximum height when measured and observed from the sidewalk is needed to maintain the level of privacy the Applicant desires. Because the property is being developed as a single-family residence an affiliated site plan application processed by Development Services is not required.
It is important to note, FEMA Base Flood Elevation requirements require the elevation of the building, not the land. Access to these elevations can be accomplished through grading, terracing, stairs, and combinations of these techniques. In addition to the compatibility/visual impacts of perimeter wall heights, filling and grading properties in flood zones poses long-term consequences for handling potential flooding. Raising entire yards by several feet in essence creates islands, funneling water during flood and rain events onto nearby lower lying properties and streets and overloading stormwater infrastructure. Staff is working on an ordinance to establish limits on the amount of structural fill, which is anticipated for consideration in 2025.
319 Andrews Avenue does not have limitation on structural fill. Since fences are walls are measured from "undisturbed grade," resolving the disconnect between the "new" grade elevation of the lot and the surrounding properties and street is currently considered on a case by case basis. The proposed wall is 6 feet in height from the property's side. The design provides 2 feet of landscaping on the outside of the wall and incorporates some decorative railings to reduce the solidity of the appearance.
Pursuant to LDR Section 2.4.11(B)(2), The City Commission in its sole discretion may grant a waiver to any provision of these regulations when there is no other avenue for relief available in these regulations.
Pursuant to LDR Section 2.4.11(B)(5), Prior to granting a waiver, the granting body shall make findings that the granting of the 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.
This request does not require review and recommendation from allowed Board prior to consideration by the Commission
Considerations for the Commission:
1. Consider whether the proposed height meets the applicable criteria and findings as established in the LDR.
2. Consider whether the perimeter wall that is significantly higher than the maximum allowed adversely affects the neighborhood or if the proposed design and landscaping ameliorate the impacts of the higher wall, resulting in a compatible condition with the surrounding neighborhood.
3. Consider whether the request is a special privilege or if the same relief would be applied to other properties with similar conditions. Other properties have come before the City Commission to resolve a similar issue; however, each design must be considered in its unique location.
4. Consider whether there is a reasonable expectation of complete privacy for front yard and side street yard areas, or if lower heights along streets or forward of the facade are appropriate.
Please note, the item before the City Commission is final action which requires specific findings be made and the attached Staff Report provides a thorough analysis of the project and the findings. This item is final action and the project will not appear as an appealable item on a future agenda.
City Attorney Review:
Approved as to form and legal sufficiency.
Funding Source/Financial Impact:
N/A
Timing of Request:
Approval of the waiver is required before a building permit for the wall can be approved