TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence Moore, ICMA-CM
DATE: November 2, 2026
Title
RESOLUTION NO. 163-26:A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO SECTION 4.6.5(C) OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW A RETAINING WALL SEVEN FEET IN HEIGHT AT THE PROPERTY LOCATED AT 103 BASIN DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL).
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Recommended Action
Recommendation
Consider Resolution No. 163-26, approval of a waiver to LDR Section 4.6.5(C) to allow a wall in the front and side-street setback at a height of 7 feet, whereas a maximum height of 6 feet is permitted at the property located at 103 Basin Drive.
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Background:
The subject request was submitted for the property located at 103 Basin Drive, which is an approximate 0.31-acre property located at the southwest corner of Basin Drive and Lowry Street on the barrier island. The survey identifies the property as Lot 16 of Ocean Breeze Estates.
A multi-story single-family residence was recently constructed on the subject property. The property is located within a FEMA Flood Zone AE 8, which requires new construction to elevate to 8 feet NAVD, plus another foot for compliance with the Florida Building Code to 9 feet NAVD. Without an ordinance limiting the amount of fill, new construction typically uses a combination of fill, steps, slopes, etc. to reach the required finished floor height.
The applicant submitted a waiver request to allow a wall with a maximum height of seven feet within the front and side street setbacks, where a maximum height of six feet is allowed pursuant to LDR Section 4.6.5(C) (File No. PZ-000773-2026).
Pursuant to LDR Section 4.6.5(C), wall height is measured from the undisturbed (natural) grade of the ground adjacent to the exterior wall. Applied practice is to measure the height of the...
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