TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence Moore, ICMA-CM
DATE: November 17, 2026
Title
RESOLUTION NO. 170-26: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO SECTION 4.7.8(A)(1)(a) OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW A SIDE STREET SETBACK OF SEVEN FEET, SIX INCHES FOR THE PROPERTY LOCATED AT 260 NW 8TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. (QUASI JUDICIAL)
Body
Recommended Action
Recommendation
Consider Resolution No. 170-26, approval of a waiver to LDR Section 4.7.8(A)(1)(a) to reduce the required minimum side street setback on NW 3rd Street from ten feet to seven feet, six inches on the property located at 260 NW 8th Avenue.
Body
Background:
The waiver request (File No. PZ-000772-2026) is to reduce the minimum required side-street setback from ten feet to seven feet, six inches for the two-story, single-family house proposed at 260 NW 8th Avenue. The property is located within the R-1-A zoning district and was platted in 1925 through the Tourist Nook Subdivision. It has never been individually developed. The Delray Beach Community Redevelopment Agency (CRA) acquired the subject property in December 2022, and the Delray Beach Community Land Trust (DBCLT) will develop the house.
The minimum standard side-street setback for corner properties in the R-1-A zoning district is 15 feet and the minimum side interior setback requirement is seven feet, six inches.
Pursuant to Land Development Regulations (LDR) Section 4.7.8(A), Nonconforming Lots of Record, “to address a shortage of workforce housing, nonconforming lots of record having 50 feet of frontage or less, but at least 40 feet of frontage and 4,000 square feet of area, may be used for workforce housing…” The subject property contains approximately 5,400 square feet with 40 feet of frontage along NW 8th Avenue and 135 feet of frontage along NW 3rd Street. Therefore, the property qualifies for the construction of a single-family house for the purpose of providing a workforce housing unit. The property will be required to execute a 40-year restrictive covenant maintaining its affordability.
Pursuant to LDR Section 4.7.8(A)(1), Adjusted Minimum Setbacks, the minimum setbacks required by the zoning district are reduced for single-family workforce housing structures that are no more than two stories and 26 feet in height as follows:
(a) Side street or alley: 10 feet.
(b) Side Interior: 5 feet.
The reduced setbacks are intended to make the smaller lots viable for the development of workforce housing. It is important to note, parcels with less than 50 feet of frontage could not otherwise be developed at all.
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. Given that this waiver request is for a single-family residence, it does not require review and recommendation by an advisory Board thereby leaving the action to the City Commission.
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.
In consideration of the findings, the requested reduction will place the building closer to the streetscape on NW 3rd Street. The City Commission should consider whether the placement is consistent with the neighborhood's character or will be positioned too close to the street.
Reducing the side street setback is not anticipated to diminish the provision of public facilities as the development will remain one household and the ultimate right-of-way for NW 3rd Street is provided.
Regarding the potential to create an unsafe situation, the reduction of the 10' side street setback to 7'-6" does not override sight visibility requirements. The purpose of the sight visibility requirements is to “provide sufficient view corridors for safe interaction of vehicles and pedestrians at intersections.” The intersection of NW 3rd Street and NW 8th Avenue requires a sight visibility triangle measurement of 25 feet by 25 feet, while the intersection of NW 3rd Street and the rear alley requires a measurement of 20 feet by 10 feet. Within the sight visibility triangle area, an “unobstructed cross-visibility at a level between three feet and six feet” is required." This will be evaluated at building permit.
Reducing the required setback of 10' to 7'-6" could be considered a special privilege if the same allowance is not offered to other corner lots that are only 40 feet wide. 40' wide interior lots would be able to build a structure 30 feet wide. The corner lots are able to build a house 25 feet wide. Under the request, the side yard will be 7'-6" wide, and the house could be built 27'-6" wide.
City Attorney Review:
Approved as to form and legal sufficiency.
Funding Source/Financial Impact:
N/A
Timing of Request:
Action on the request is required to allow for the review of a building permit.