File #: 18-080    Version: 1 Name:
Type: Request Status: Held
File created: 1/25/2018 In control: City Commission
On agenda: 2/6/2018 Final action:
Title: WAIVER REQUESTS TO LDR SECTION 4.4.24(F)(4) TO ALLOW BUILDING WIDTHS OF 164’, 156’ 4”, 71' 6", and 81’ 4” ASSOCIATED WITH THE MIDTOWN DELRAY PROJECT WHERE A MAXIMUM WIDTH OF 60' FEET IS PERMITTED IN THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) AND A WAIVER TO LDR SECTION 4.6.4(A)(1)(a)(ii) TO REDUCE THE REAR SETBACK FOR THE PORTION OF BUILDING #1 GREATER THAN THREE STORIES FROM 30' TO 19' . (QUASI-JUDICIAL HEARING)
Sponsors: Planning & Zoning Department
Attachments: 1. Agenda Cover Memo, 2. Class V HPB Staff Report, 3. Waiver Board Order
TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning, Zoning and Building Director
THROUGH: Mark R. Lauzier, City Manager
DATE: February 6, 2018

Title
WAIVER REQUESTS TO LDR SECTION 4.4.24(F)(4) TO ALLOW BUILDING WIDTHS OF 164’, 156’ 4”, 71' 6", and 81’ 4” ASSOCIATED WITH THE MIDTOWN DELRAY PROJECT WHERE A MAXIMUM WIDTH OF 60' FEET IS PERMITTED IN THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) AND A WAIVER TO LDR SECTION 4.6.4(A)(1)(a)(ii) TO REDUCE THE REAR SETBACK FOR THE PORTION OF BUILDING #1 GREATER THAN THREE STORIES FROM 30' TO 19' . (QUASI-JUDICIAL HEARING)

Body
Recommended Action:
Recommendation
Motion to approve the waiver to LDR Section 4.4.24(F)(4) to allow building widths of 164', 156' 4", 71' 4", and 81' 4", where a maximum width of 60' is permitted in the Old School Square Historic Arts District (OSSHAD), for three buildings associated with the Midtown Delray project, based on a positive finding with respect to LDR Section 2.4.7(B)(5).

Motion to approve the waiver to LDR Section 4.6.4(A)(1)(a)(ii) to reduce the rear setback for portion of Building #1 greater than three stories from 30' to 19' associated with the Midtown Delray project, based on a positive finding with respect to LDR Section 2.4.7(B)(5).

Body
Background:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver:

(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and
(d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner.

Building Width:
Per LDR Section 4.4.24(F)(4), the maximum width of a building fronting a street shall be limited to 60’ and shall have a minimum separation of 15’ between buildings fronting a street in a development site that c...

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