Legislation Details

File #: 26-0462    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 4/1/2026 In control: City Commission
On agenda: 4/21/2026 Final action:
Title: RESOLUTION NO. 78-26: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO THE SEAWALL HEIGHT REQUIREMENTS IN SECTION 7.1.7(D)(1) OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW THE CONSTRUCTION OF A SEAWALL ABOVE THE BASE FLOOD ELEVATION FOR THE PROPERTY LOCATED AT 1310 NW 13TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL)
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Res 78-26 - Seawall Waiver - 1310 NW 13th Street - Audrey Balbiers William Panoff legal review, 3. 1310 NW 13th Street - Plans, 4. 1310 NW 13th Street - Justification Statement, 5. 1310 NW 13th Street - FDEP Approval, 6. 1310 NW 13th Street - Finished Floor Elevation, 7. 1310 NW 13th Street - Survey, 8. Legal Review Res 78-26 - Seawall Waiver - 1310 NW 13th Street - Audrey Balbiers William Panoff, 9. 1310 NW 13th Street - photos
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO: Mayor and Commissioners
FROM: Anthea Gianniotes, AICP, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: April 21, 2026

Title
RESOLUTION NO. 78-26: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO THE SEAWALL HEIGHT REQUIREMENTS IN SECTION 7.1.7(D)(1) OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW THE CONSTRUCTION OF A SEAWALL ABOVE THE BASE FLOOD ELEVATION FOR THE PROPERTY LOCATED AT 1310 NW 13TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL)

Body
Recommended Action:
Recommendation
Review and consider Resolution No. 78-26, a waiver request to LDR Section 7.1.7(D) "Seawalls Height Requirements" to allow a seawall above the Base Flood Elevation (BFE) at located at 1310 NW 13th Street.
Body
Background:
The subject property is located at 1310 NW 13th Street and is located in the Lake Ida Overlay District in a Single Family Residential (R-1-AA) Zoning District.
The subject property consists of Lot 1, Lake Ida Estates and has 70 feet of frontage on Lake Ida on the west side. The property is 336 feet long with approximately 145 feet of the property as submerged land within Lake Ida. The property received a permit from Department of Environmental Protection (DEP) and was reviewed for regulatory exemption, propriety authorization, and the federal approval necessary for work to be commenced. The project qualified for all three. The DEP approval specifically states that no further permits are required from the United States Army Corp of Engineers, but local rules still apply.
Pursuant to LDR Section 7.1.7(D)(1) Seawall Requirements Elevations. The maximum elevation of a seawall or dock is determined by the base flood elevation (BFE) for the property, as identified in the corresponding FEMA Flood Insurance Rate Map (FIRM).
Property owners choosing to construct seawalls at less than five feet NAVD must ...

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