File #: 25-639    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 5/7/2025 In control: City Commission
On agenda: 6/3/2025 Final action:
Title: RESOLUTION NO. 94-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO SECTION 4.4.13(D)(1)(b)1. b. OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW AN AWNING TO ENCROACH INTO THE FRONT SETBACK 9 FEET 7 INCHES, WHEREAS THE MAXIMUM ALLOWABLE ENCROACHMENT IS 4 FEET, FOR THE PROJECT LOCATED AT 220 NE 1ST STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL HEARING) RESOLUTION NO. 95-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO SECTION 4.4.13(E)(2)(a)1. OF THE LAND DEVELOPMENT REGULATIONS TO REDUCE THE WIDTH OF THE CURB ZONE TO 0 FEET FOR A PORTION OF THE STREETSCAPE, FOR THE PROJECT LOCATED AT 220 NE 1ST STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL HEARING)
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Resolution No. 94-25 Waiver 1 (Awning Encroachment), American Social - 5.13.pdf, 3. Resolution No. 95-25 Waiver 2 (Curb Zone), American Social, 4. Waiver Justification (Canopy Design), American Social, 5. Waiver Justification (Streetscape Design), American Social, 6. PZB Staff Report, American Social CBD Waivers, 7. Site Plan and Elevation Set (For Reference Only), American Social, 8. Civil Plan Set (For Reference Only), American Social, 9. Landscape Plan Set (For Reference Only), American Social, 10. PBC TPS Approval Letter, American Social, 11. DDA Recommendation, American Social, 12. Simple Legal Review Approval American Social 94-25, 13. Simple Legal Review Approval American Social 95-25
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TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence Moore, ICMA-CM
DATE: June 3, 2025

Title
RESOLUTION NO. 94-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO SECTION 4.4.13(D)(1)(b)1. b. OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW AN AWNING TO ENCROACH INTO THE FRONT SETBACK 9 FEET 7 INCHES, WHEREAS THE MAXIMUM ALLOWABLE ENCROACHMENT IS 4 FEET, FOR THE PROJECT LOCATED AT 220 NE 1ST STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL HEARING)

RESOLUTION NO. 95-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO SECTION 4.4.13(E)(2)(a)1. OF THE LAND DEVELOPMENT REGULATIONS TO REDUCE THE WIDTH OF THE CURB ZONE TO 0 FEET FOR A PORTION OF THE STREETSCAPE, FOR THE PROJECT LOCATED AT 220 NE 1ST STREET, 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 two separate requests for project located at 220 NE 1st Street, known as American Social: Resolution No. 94-25, a request to allow an awning to encroach into the front setback 9 feet 7 inches whereas the allowed maximum encroachment is 4 feet; and Resolution No. 95-24, a request to reduce the curb zone width from the required minimum of 4 feet to 0 feet for a portion of the streetscape.

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Background:
In 2023, a Site Plan application for site and architectural modifications, and a change of use property (File No. 2023-057) was submitted to convert the existing office use (Bay 100) into a restaurant. This site plan application was accompanied by an in-lieu parking request for 33 parking spaces that applied to both the required parking for the change of use as well as future outdoor dining elsewhere on the subject. The in-lieu parking application was approved by City ...

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