TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence Moore, ICMA-CM
DATE: February 4, 2025
Title
RESOLUTION NO. 09-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AFFIRMING ITS APPEAL OF THE PLANNING AND ZONING BOARD’S SIMILARITY OF USE DETERMINATION FINDING THAT THE OPERATION OF A GUNITE YARD IS CONSISTENT WITH THE MANUFACTURING AND WHOLESALE OF FINAL PRODUCTS USING CERAMICS AND PLASTER MATERIAL WITHIN THE MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL HEARING)
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Recommended Action
Recommendation
Review and consider Resolution No. 09-25, approval of a similarity of use determining that a gunite yard is similar to manufacturing and wholesale of final products using ceramics and plaster material, which is a permitted use in the Mixed Industrial and Commercial (MIC) district.
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Background:
The Similarity of Use request was submitted for the property at 135 N Congress Avenue, an approximate 1.8 acre property located east of N. Congress Avenue and approximately 1/4 mile north of W. Atlantic Avenue. However, approval of this determination will apply to the entire MIC zoning district.
Previously a vacant lot, the subject property has undergone extensive site modification without permits or necessary development approvals. These modifications include site work and installation of un-permitted structures to facilitate operation of a use that is not currently allowed in the zoning district, which the Applicant refers to as a “gunite yard.” The unauthorized improvements include leveling and grading the site without civil engineering review, installing a cement storage silo without Building Division or Zoning review, and ongoing utilization of the site for storage purposes, including storage of materials and trucks used in the daily operation of the gunite yard. The ...
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