TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: December 17, 2024
Title
RESOLUTION NO. 233-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING WAIVER REQUESTS TO SECTIONS 4.3.3(Q)(2) AND 4.3.3(QQ)(2) OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW THE EXISTING RESIDENCE LOCATED AT 316 ANDREWS AVENUE TO BE AN ACCESSORY STRUCTURE WITH A GUEST COTTAGE FOR THE RESIDENCE LOCATED AT 1137 NORTH VISTA DEL MAR DRIVE, 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. 233-24, a waiver request to Section 4.3.3(Q) of the Land Development Regulations to approve a guest cottage with 2,492 square feet of floor area for the property located at 316 North Andrews Avenue.
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Background:
The subject properties are located between Waterway Lane and North Vista Del Mar Drive immediately west of Andrews Avenue. The City's records identify the north parcel with the address of 316 Andrews Avenue and the south parcel with the address of 1137 Vista Del Mar Drive. The applicant combined the properties for tax purposes directly through the Palm Beach Property Appraiser (PBPA) under the address 316 Andrews Avenue. The subject properties have a combined acreage of 0.72 acres (31,363 sf) but have not been legally combined through either plat or unity of title. It is important to note, the address(es) will be updated in compliance with the City of Delray Beach Addressing Manual following the outcome of this consideration. For clarity, each parcel will be referenced in this report using the two distinct addresses in City records.
The north parcel (316 Andrews Avenue) is zoned R-1-AAA. The south parcel (1137 North Vista Del Mar Drive) is zoned R-1-AA, and both properties have a compatible land use designation of Low Density Residential, 0-5 DU / Acre (LD). Both properties are within the North Beach/Seagate Overlay District.
316 Andrews Avenue has an existing two-story 3,092 gross sf single-family residence, including 1,432 sf of indoor living area, 1,060 sf of garage, and 600 sf of outdoor living area. The applicant has been living in this house while a new 6,436 sf single family residence is under construction on the south parcel at 1137 North Vista Del Mar Drive. The owners are seeking a Certificate of Occupancy (CO) for the newly constructed home on the south parcel. For a CO to be issued for the new residence, the property must meet applicable building and local zoning standards. Two dwelling units are not allowed on a single lot pursuant to Section 4.3.1(E) of the City Land Development Regulations (LDR), which states a lot in the R-1 zoning district shall not contain more than one principal residential structure.
The applicant desires to use the single-family residence at 316 Andrews Avenue as a guest cottage and art studio. The LDR define a Guest Cottage as “An accessory building used exclusively for housing members of the family occupying the principal dwelling, their nonpaying guests, paying guests at a Bed and Breakfast Inn, or persons employed for service on the premises. A Guest Cottage shall consist of no more than one dwelling unit and may be affixed to an accessory structure.”
The LDR define a Dwelling Unit as “One or more rooms connected together, designed to be occupied by one family, constituting a separate, independent housekeeping establishment and physically separated from any other dwelling unit which may be in the same structure, and which contains independent sanitation, living, cooking and sleeping facilities."
A CO cannot be issued until the subject properties are in compliance with zoning standards. The applicant can either separate the parcels into two distinct single-family properties or receive a waiver to the maximum floor area for a guest cottage and accessory building.
Waiver Request
The applicant has requested a waiver from LDR Section 4.3.3(Q)(2), which states, "The guest cottage shall not occupy more than one-twentieth of the lot area and in no case shall exceed a floor area of 700 square feet. Guest cottages greater than 350 square feet are subject to the standards in Section 4.3.3(QQ)(3)."
The combined lot area is 31,363 sf; one-twentieth of the lot area is 1,568 sf, therefore 700 sf. is the max. Since the existing residence has 1,432 sf of living area, it exceeds the floor area limitation for guest cottages. Additionally, R-1-AAA zoning has the largest minimum floor area for the principal residence of all the single family zoning districts at 2,200 sf. The existing structure is large enough to be considered a principal single-family home, and it was approved and constructed as such in 2016.
To establish the existing residence as an accessory structure to the newly constructed residence on North Vista Del Mar, it is also evaluated by LDR Section 4.3.3(QQ)(2), Accessory Structures, which states, "The floor area of an accessory structure shall not exceed 40 percent of the floor area of the principal structure." The single-family residence on the south parcel is 6,436 sf; therefore, the maximum size of an accessory building is 2,574 sf.
Accessory building, structure, or use is defined as “A building, structure, or use on the same lot with, and incidental and subordinate to, the principal building, structure, or use.” The R-1 zoning districts allow for a wide range of accessory uses and structures “normally associated with residences, such as bird aviaries, dog houses and dog runs, detached garages, greenhouses, playhouses, pool houses, slat houses, storage sheds, tennis courts, swimming pools, and workshops, subject to Section 4.3.3(QQ).“
Considering the existing residence as an accessory structure requires the gross area be measured. Since the residence at 316 Andrews Avenue has an attached and fully roofed 600 sf "Outdoor Living" room, this space is included in the overall "accessory building" area. The gross square footage of 3,092 sf is 48% of the size of the newly constructed principal residence. Therefore, a waiver to the 40% limit in LDR Section 4.3.3(QQ)(2) is also included in the requested action. It is important to note, the LDR does not limit the number of accessory structures, or impose a cumulative limitation on the number of structures. If these uses were independent structures (a garage, an outdoor living building, a guest cottage), this waiver would not be required.
It is also important to note that the City does not currently allow Accessory Dwelling Units (ADUs), which function as independent dwellings. The staff interpretation has historically only allowed for a kitchenette, not a full kitchen, in guest cottages to maintain their purpose as an extension of the family living area. Commission should consider if a structure capable of meeting all principal structure regulations, including both size and characteristics, can be considered a guest cottage.
Pursuant to LDR Section 2.4.11(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver:
• Shall not adversely affect the neighboring area;
• Shall not significantly diminish the provision of public facilities;
• Shall not create an unsafe situation; and
• 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 request is not anticipated to adversely affect the neighboring area, insomuch as the northern structure was approved and constructed as a single-family residence pursuant to the standards of the LDR, including Beach Property Owners Association design review. The Commission should consider whether granting of the waiver to allow the establishment of a large family compound is at cross-purposes to the intent of the zoning district and the character of the North Beach/Seagate Overlay District - or if it is a reasonable evolution of the family living environment. Comprehensive Plan Objective HOU 1.3 Unique Neighborhoods requires the City to “Protect existing residential areas by fostering development and redevelopment that is consistent with the unique character of the neighborhood.”
The combined lots are 31,363 sf, which is 2.5 times larger than the minimum lot size of the R-1-AAA zoning district, and 3.3 times larger than the minimum lot size in the R-1-AA zoning district. The surrounding lots are generally less than 15,000 sf. The appearance of the property would not differ from the surrounding neighborhood, as the northern structure was approved and built as a single-family structure. However, the lot size would be a deviation in the neighborhood’s lot configuration.
No other waivers to increase the minimum size of a guest cottage have been granted. The applicant cites the presence of utilities between the two parcels as a unique reason to approve the waiver, since the option to construct an enclosed breezeway to connect the two structures to make the two separate structures a single structure is not an option. However, the code contemplates attached guest cottages and the size limitation remains applicable.
If approved, the staff recommends a unity of title for the property be recorded. The applicant’s justification letter is included as an attachment.
City Attorney Review:
Resolution No. 233-24 was approved as to form and legal sufficiency.
Funding Source/Financial Impact:
Since the State of Florida relies mostly upon property taxes to fund services, combining and homesteading two separate single family properties under one property for tax purposes may impact potential tax revenues.
Timing of Request:
Resolution No. 233-24 would become effective immediately upon adoption.