TO: Mayor and Commissioners
FROM: Lynn Gelin, City Attorney
DATE: February 24, 2026
Title
RESOLUTION NO. 53-26: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE RECONSIDERATION OF RESOLUTION NO. 62-23 APPROVING AN IN-LIEU OF PARKING FEE REQUEST FOR THE PROPERTY LOCATED AT 302 NE 6TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; SCHEDULING A QUASI- JUDICIAL HEARING TO RECONSIDER THE PARKING REQUIREMENT FOR THE PROPERTY ON MARCH 9, 2026 AT 5:00 PM OR ANYTIME THEREAFTER; DIRECTING CITY STAFF TO NOTICE THE PROPERTY OWNER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
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Recommended Action:
Recommendation
Motion to approve Resolution No. 53-26.
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Background:
On April 18, 2023, the City Commission approved Resolution No. 62-23 granting an in lieu of parking request for the property located at 302 NE 6th Avenue, Delray Beach (the “Property”). A quasi-judicial proceeding was held wherein the applicant, Rodney Mayo (the “Applicant”), testified in support of the request. By way of background, as part of a change in the use of the Property from a business office to a restaurant, the Property was required to provide thirteen parking spaces. The property had eight existing on-site spaces and was required to provide an additional five. An application seeking relief of the parking requirement through the use of the City’s in lieu of parking program was made during the site plan approval process.
As part of the discussion during the quasi-judicial proceeding, the Applicant testified that “eight [parking] spaces including the handicap [spaces] are onsite.” See In the Matter of Delray Beach City Commission Meeting Excerpt April 18, 2023 (hereinafter referred to as the “Transcript”), attached hereto and incorporated herein. The Applicant sought to purchase five in lieu of parking spaces because the Property was unable to accommodate all thirteen required spaces on-site. In furtherance of his request, the Applican...
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