TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: November 2, 2026
Title
RESOLUTION NO. 153-26: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO SECTION 4.4.3(F)(2)(B) OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW A FLOOR AREA RATIO OF 0.41; AND APPROVING A WAIVER TO SECTION (F)(2)(C) OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW AN UPPER FLOOR AREA OF 102 PERCENT OF THE FIRST FLOOR FOR THE PROPERTY LOCATED AT 219 NORTHWEST 12th STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL)
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Recommended Action:
Recommendation
Consider Resolution No. 153-26, a request for two waivers from the Lake Ida Neighborhood Overlay District regulations governing maximum Floor Area Ratio and the allowable upper floor area for the property located at 219 NW 12th Street.
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Background:
The subject property is zoned Single Family Residential (R-1-AA) and is located within the Lake Ida Neighborhood Overlay District. The property has a lot area of 10,437 square feet. Unlike previous requests these requests are related to an addition to an existing 3,143 sq. ft. home and 526 sq. ft. detached garage on the property, constructed in 2016. Currently, the home is compliant with the Floor Area Ratio and Lot Coverage requirements. As constructed, the home is non-conforming to LDR Section 4.4.3(F)(2)(c) as the current ratio of the upper floor area and the lower floor area is 97.9%. The applicant is proposing an addition to the east side of existing residence and garage and renovations to the interior of the home.
The proposed addition and renovations were submitted via building permit in May of 2025 and were subsequently disapproved by staff for lack of compliance with the development standards in LDR Section 4.4.3.(F). The improvements are not currently approved for permitting.
Lake Ida Overlay and Concurrent Waiver Requests
Properties within the Lake Ida Neighborhood Overlay District are subject to the development standards of the underlying zoning district plus additional standards established by LDR Section 4.4.3(F)(2). The Lake Ida Neighborhood Overlay District standards were adopted in 2008 to regulate the mass and scale of residential development to protect the established neighborhood character and ensure new construction is compatible with the desirable neighborhood by establishing measurable criteria. For multi-story houses, the overlay establishes separate limitations for lot coverage, floor area ratio (FAR), and upper-floor area. Lot coverage regulates the horizontal extent of the building footprint; FAR regulates the total volume of building in relation to the lot size; and the upper-floor limitation directs the vertical distribution of building mass so the upper floors remain subordinate in area to the ground floor size. The individual regulations do not establish an entitlement to build to each maximum; rather the standards work collectively to regulate the overall buildable area and maintain the intended mass and scale of development. Compliance with one numerical standard does not eliminate the requirement to comply with other applicable standards.
The applicant proposes an addition to the existing house that requires two waivers from the Lake Ida Overlay District standards.
Floor Area Ratio
Pursuant to LDR Appendix A- Definitions, the term "Floor Area Ratio (FAR) " shall mean the ratio of the "total floor area" of the structure(s) to the area of the lot. "Total Floor Area" shall be defined as the gross horizontal areas of all floors of all buildings measured from the exterior walls or other types of enclosures and shall include garages, carports and port-cocheres. The floor areas of attics (unless used as a living space), enclosed decks or patios, covered porches, exterior balconies (covered or uncovered) or crawl spaces are excluded from the total floor area used in the Floor Area Ratio calculation.”
LDR Section 4.3.4(F)(1) states, “In single family detached units and duplex structures, the floor area shall be all enclosed space in the principal structure exclusive of terraces and unroofed areas and 50 percent of the area for attached garages, carports, and screened porches.”
The applied practice of the code for single family residential units has been to count all interior (A/C) areas, ½ the garage area, and to exclude open air elements, such as porches or covered balconies.
The Lake Ida Overlay regulations direct in LDR 4.4.3(F)(2)(b) “The maximum Floor Area Ratio is .35 for a multi-story house. Property with frontage on Lake Ida are allowed a Floor Area Ratio of .40 for a multi-story house.”
For the subject 10,437-square-foot property, the maximum floor area allowed is calculated as follows:
10,437 x 0.35 =3,653 square feet (.35)
The property currently has a FAR of .33 or total floor area of 3,406 square feet:
First floor interior a/c space: 1,588 SF
Second floor interior a/c space: 1,555 SF
½ of the existing garage: 263 SF
Total: 3,406 SF
The proposed addition seeks to increase total square footage to 4,269 square feet, as follows:
Proposed first floor interior a/c space: 1,928 SF
Proposed second floor interior a/c space: 2,023 SF
½ of the proposed garage: 318 SF
Total: 4,269 SF
The requested waiver is to allow 869 square feet of additional floor area, 616 square feet more than allowed by the Lake Ida Overlay District standards, resulting in a total FAR of 0.41, whereas the current FAR is 0.35 is allowed. Under the current FAR limit, an additon of approximately 247 sf of interior is allowed.
Lake Ida Upper Floor Area Limit
LDR Section 4.3.4(F)(2)(c) limits the upper floor area for multi-story residences to 75% of the first-floor area.
The existing first floor is 1,588 sf of interior space and the existing second floor is 1,555 sf of interior space, which is 97.9% of the existing first floor space.
The proposed addition and renovation seek to add 340 square feet to the first floor, 468 square feet to the second floor bringing the total square footage of the first floor to 1,928 and the total square footage of the second floor to 2,023, or 102% of the first floor area.
The waiver request is to increase the current ratio from 97.9% to 1.02%.
Waiver Findings
LDR Section 2.4.11(B)(5) requires the approving body to make the following finding prior to granting 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 a similar circumstance on other property for another applicant or owner
Findings (a) and (d) apply to this request. The Lake Ida Overlay District development standards were established with the residents almost two decades ago to reinforce the character that makes the neighborhood desirable.
Throughout the City, new construction frequently results in large houses, built to the setback limits that are taller than the adjacent houses, resulting in a range of resident concerns including potential negative impacts to privacy and property value. Lake Ida and the barrier island are the only two residential areas with size limitations through FAR limitations for infill single-family development, though other neighborhoods have requested similar standards.
In this circumstance, the applicant is not proposing to demolish an existing building and build a new structure; they are seeking to building an addition to the existing structure, which is a more limiting endeavor. The current house has an FAR near the limit for homes in the district. An additional of about 247sf would be allowed. The current nonconformity of the larger second floor is existing and was not created by the owners. The proposed additions enclose the entry of the open-air front porch, widen the existing garage, and extend the two-story building toward the rear/side of the property to its setback limit. These changes increase the visible mass of the structure; however, the design does not exceed the maximum lot coverage limit.
Comprehensive Plan Policy NDC 1.1.8 establishes, “Limitations for specific areas and other standards in the Land Development Regulations, including those guiding compatibility and transitions between properties, such as setbacks, height limitations, open space criteria, etc. may limit the actual intensity achievable on a specific site.”
City Attorney Review:
Reviewed to form and legal sufficiency
Funding Source/Financial Impact:
N/A
Timing of Request:
The proposed addition and renovations will require revisions depending on the outcome of the two waiver requests.