TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: January 16, 2024
Title
RESOLUTION NO. 20-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A MODIFICATION OF STANDARDS FOR APPROVAL OF SECTION 7.9.11(B) OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW A SECOND BOAT LIFT FOR THE PROPERTY LOCATED AT 982 MCCLEARY STREET AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL)
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Recommended Action:
Recommendation
Review and consider Resolution No. 20-24 for a modification of the Standards for Approval in Land Development Regulations (LDR) Section 7.9.11, Standards for approval, to allow a second boat lift, whereas only one boat lift is allowed per property, at 982 McCleary Street. (Quasi-judicial).
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Background:
The subject property is 982 McCleary Street, which is located within the Tropic Isles neighborhood, is zoned Single Family Residential (R-1-AA-B). The property is on the south side of the street and adjacent to a finger canal, which runs along the rear of the property. The property currently has a four-post boat lift and a floating platform; the floating platform was not permitted and will be removed.
The request is to allow a jet ski lift, which is not specified in the LDR but is similar to a boat lift. The proposed jet ski lift would be the second lift for the property, whereas only one boat lift is allowed per property. The code does not distinguish between a boat lift and a jet ski or other vessel lift. The proposed boat lift consists of a 12 foot by 12-foot-wide platform elevator lift, projecting 16 feet, five inches into the waterway from the wetface of the seawall. Boat lifts, in the raised position, can extend no more than 20 feet into the waterway from the seawall. If the additional lift for the jet ski is approved, the existing boat lift will be shifted further to the east to accommodate the required setback for the additional lift.
Pursuant to LDR Section 7.9.11(B), Standards for approval, when plot frontage exists along a body of water, only one boat lift is permitted. The boat lift shall be located so that the vessel in its raised position lift shall not extend any closer to the adjacent property line than ten feet or the building side setback, whichever is greater. The side setback for the R-1-AA-B zoning district is 8.5 feet, thereby requiring the setback for docks and vessels in the upright position on lifts of at least 10 feet. The additional platform lift is proposed with a setback of 20 feet, eight inches, which ensures jet skis in the upright position will comply with the setback limitations.
Pursuant to LDR Section 7.9.4, Modification of standards for approval: appeals, the recommendation of the Building Official, the Commission may authorize a modification in the standards for approval as set forth in various Subsections of this Article 7.9 if it is determined that the requirements of these sections would not be feasible or would constitute hardship in a particular instance, and provided that a modification would not endanger public safety and welfare.
The Building Official finds that the additional boat lift in the proposed location does not constitute an unsafe situation or endanger public safety; therefore, the City Commission shall make the final determination as to whether or not to modify the standards of approval pursuant to LDR Section 7.9.4(A).
The applicant has submitted the following justification in support of the request:
“The proposed structure is necessary for safely mooring resident vessel, especially during high wind events and severe weather and this modification does not endanger public safety and welfare. The property is a doble (sic) lot with 184' of water frontage, having a second lift is not in anyway crowding the site or obstructing the traffic in the canal.” The complete justification statement is provided as an attachment.
The intent of Article 7.9 is to allow the installation of docks, dolphins, finger piers, and boat lifts that do not cause a hazardous interference with navigation, endanger life or property, or deny the public reasonable visual access to public waterways. These regulations shall be applicable only to residentially zoned property and shall exclude commercial-boating and related facilities.
Pursuant to LDR Section 2.4.11(B)(5), Waivers: Findings, 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.
The Tropic Isle neighborhood was platted in 1956 with a standard lot width of 90 feet. The subject parcel contains two platted lots establishing a total lot width of 191.19 feet fronting the waterway. In consideration of the code provisions, the larger lot size provides ample space for a second boat lift dedicated to jet skis, as the proposed position exceeds the required minimum setback from the neighboring properties. The code does not anticipate the need for more than one lift per property. It is also important to note, the size of the vessels on boat lifts is typically the concern, as impacts have occurred on other properties. It is also important to note, more than one lift is desirable to many property owners, so if the request is approved based on the size the lot, other requests are likely to occur.
City Attorney Review:
Reviewed to form and legal sufficiency
Funding Source/Financial Impact:
N/A
Timing of Request:
Once action is taken on the request, the applicant can submit for a building permit application.