TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence Moore, ICMA-CM
DATE: November 2, 2026
Title
RESOLUTION NO. 163-26:A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO SECTION 4.6.5(C) OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW A RETAINING WALL SEVEN FEET IN HEIGHT AT THE PROPERTY LOCATED AT 103 BASIN DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL).
Body
Recommended Action
Recommendation
Consider Resolution No. 163-26, 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 7 feet, whereas a maximum height of 6 feet is permitted at the property located at 103 Basin Drive.
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Background:
The subject request was submitted for the property located at 103 Basin Drive, which is an approximate 0.31-acre property located at the southwest corner of Basin Drive and Lowry Street on the barrier island. The survey identifies the property as Lot 16 of Ocean Breeze Estates.
A multi-story single-family residence was recently constructed on the subject property. The property is located within a FEMA Flood Zone AE 8, which requires new construction to elevate to 8 feet NAVD, plus another foot for compliance with the Florida Building Code to 9 feet NAVD. Without an ordinance limiting the amount of fill, new construction typically uses a combination of fill, steps, slopes, etc. to reach the required finished floor height.
The applicant submitted a waiver request to allow a wall with a maximum height of seven feet within the front and side street setbacks, where a maximum height of six feet is allowed pursuant to LDR Section 4.6.5(C) (File No. PZ-000773-2026).
Pursuant to LDR Section 4.6.5(C), wall height is measured from the undisturbed (natural) grade of the ground adjacent to the exterior wall. Applied practice is to measure the height of the wall from the adjacent, undisturbed grade, indicated on the survey prior to construction. The wall measures six feet in height from the new grade; however, when measured from the undisturbed (natural) grade, the wall measures up to seven feet in height. The applicant is requesting the additional one foot of wall height to maintain privacy along the property. The wall height noncompliance was identified during a routine inspection during construction. The Applicant indicated that, at the time of application they were unaware that the wall height is measured from the undisturbed (natural) grade of the ground adjacent to the exterior of the wall.
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.
Standards (a), (c), and (d) apply. The proposed wall is not visibly higher than recent nearby construction. The wall is not in the visibility triangle and the gate is transparent enough to allow for adequate visibility driving into the property. Similar waivers have been granted, sometimes requiring additional landscaping to soften the impact of tall walls from the street and neighborhood. In this case, the applicant maintained mature landscaping at the corner and has set the wall in at the entrance on Lowry Street and incorporated large palms and existing vegetation.
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 certificate of occupancy can be issued.