TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: October 13, 2026
Title
RESOLUTION NO. 148-26: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO SECTION 4.4.3(F)(2)(A) OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW A 34.9 PERCENT LOT COVERAGE; APPROVING A WAIVER TO SECTION 4.4.3(F)(2)(B) OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW A FLOOR AREA RATIO OF 0.49; AND APPROVING A WAIVER TO SECTION (F)(2)(C) OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW AN UPPER FLOOR AREA 88.6 PERCENT OF THE FIRST FLOOR FOR THE PROPERTY LOCATED AT 1401 DALE LANE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL)
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Recommended Action:
Recommendation
Review and consider Resolution No. 148-26, a request for three waivers from the Lake Ida Neighborhood Overlay District regulations governing lot coverage, floor area ratio, and the floor area of the upper floors for the property located at 1401 Dale Lane.
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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 8,250 square feet. The applicant proposes to replace the existing one-story residence with a new two-story single-family house. The survey identifies the property as Lot 6, Block 1, Totterdale Addition. The house has not been constructed and is currently in 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 direct the vertical distribution of building mass so the upper floors to 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 to build a house that requires three waivers from the Lake Ida Overlay District standards.
Lake Ida Lot Coverage Limit
LDR Section 4.3.4(G) defines “lot coverage” as the maximum amount of a lot that may be devoted to coverage by a structure or structures. Within the Lake Ida Neighborhood Overlay District, LDR Section 4.4.3(F)(2)(a)2. limits lot coverage for a multi-story residence to 30 percent. For the 8,250-square-foot property, the maximum lot coverage by all structures on the property is:
8,250 square feet × 30% = 2,475 sf
The applicant proposes to build a house with a lot coverage of 2,880 sf., or 34.9%.
First story interior area: 1,912 sf
Garage: 492 sf
Front Entry: 248 sf
Rear Porch: 228 sf
Total: 2,880 sf
The requested waiver would allow 405 sf of additional lot coverage than allowed by 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, like 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 8,250 sf property, the maximum floor area allowed is calculated as follows:
8,250 x 0.35 = 2,817 sf
The applicant proposes to build a house with an FAR of 0.49 or total floor area of 4,070 square feet:
First story interior area: 1,912 sf
Second story interior area: 1,912 sf
½ of the Garage: 246 sf
Total: 4,070 sf
The requested waiver is to allow 1,253 sf of additional floor area than allowed by the Lake Ida Overlay District standards, resulting in an FAR of 0.49.
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 percent of the first-floor area.
The proposed first floor is 1,912 sf of interior space, plus ½ the garage, which is 2,158 sf.
2,158 sf. x 75% = 1,618.5 sf maximum upper floor area
The proposed upper floor area is 1,912 sf, or 88.6% of the 2,158 sf first floor area. Approving the waiver would allow a second story 239.5 sf larger than the maximum permitted by the Overlay District.
It must also be noted, the basis for the upper floor area uses a first floor area that is greater than the amount allowed under the lot coverage limitation.
By allowing the lot coverage and upper floor to increase, the building’s total FAR is increased, concentrating greater mass vertically and resulting in an overall scale that appears enlarged and disproportionate to both the building footprint and the surrounding neighborhood.
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 for infill single-family development, though other neighborhoods have requested similar standards.
Allowing this house to exceed multiple limitations in the neighborhood standards results in a special privilege for this property owner. While the City Commission had to address after construction waivers to three properties last year that were erroneously constructed larger than the standards permitted, those circumstances were different.
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 building permit will either be approved or require revisions depending on the outcome of the three waiver requests.