TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: February 24, 2026
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RESOLUTION NO. 57-26: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO SECTION 4.4.3(F)(1)(A) OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW A FLOOR AREA RATIO OF 0.85 FOR THE PROPERTY LOCATED AT 1006 BROOKS 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 a resolution approving a waiver request to the maximum floor area ratio for 1006 Brooks Lane.
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Background:
On June 25, 2023, the City of Delray Beach, Florida (“City”), approved an Owner/Builder Building Permit (File No. 22-00204096) for Boris Zusin to construct a single-family house at 1006 Brooks Lane. At the time, Mr. Zusin was the fee simple owner of the property. Pursuant to Section I 05.4.1 of the Florida Building Code, "every permit issued shall become invalid unless the work authorized by such permit is commenced within 6 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 6 months after the time the work is commenced." On September 14, 2024, the fees for the building permit were remitted to the City for the permit. No construction activity for the house commenced. On March 4, 2025, the City revoked the permit as invalid and returned the fees. The Owner/Builder permit was no longer valid, as too much time had passed since the approval without activity and the property had transferred ownership to an LLC, which is not able to utilize an Owner/Builder permit.
During the period of time between the approval of the original permit and the submission of fees, multiple regulations had changed or were updated, including the applicable FEMA Flood Zone, the Florida Building Code, and the City of De...
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