City of Delray Beach - File #: 19-1161

• File #: 19-1161
• Version: 1
• Type: Request
• Status: Passed
• File created: 11/22/2019
• In control: City Commission
• On agenda: 12/10/2019
• Final action: 12/10/2019
• Title: RESOLUTION NO. 213-19: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO LAND DEVELOPMENT REGULATIONS SECTION 4.4.13(D)(2)(A), WHICH SETS FORTH A MINIMUM 10’ SETBACK FOR BUILDING FRONTS AND REARS, TO ALLOW FOR THE FRONT SETBACK OF PHG DELRAY LOCATED AT 200 NE 5TH AVENUE TO ENCROACH 9’ ALONG NE 2ND STREET, 8’-2.5” ALONG NE 5TH AVENUE, AND 9.51’ ALONG THE WEST SIDE OF THE PROPERTY, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL HEARING).
• Sponsors: Development Services Department

Date	Ver.	Action By	Action	Result
12/10/2019	1	City Commission	approved	Pass

TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Neal de Jesus, Interim City Manager
DATE: December 10, 2019

Title
RESOLUTION NO. 213-19: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO LAND DEVELOPMENT REGULATIONS SECTION 4.4.13(D)(2)(A), WHICH SETS FORTH A MINIMUM 10’ SETBACK FOR BUILDING FRONTS AND REARS, TO ALLOW FOR THE FRONT SETBACK OF PHG DELRAY LOCATED AT 200 NE 5TH AVENUE TO ENCROACH 9’ ALONG NE 2ND STREET, 8’-2.5” ALONG NE 5TH AVENUE, AND 9.51’ ALONG THE WEST SIDE OF THE PROPERTY, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL HEARING).

Body
Recommended Action:
Recommendation
Review and consider Resolution No. 213-19.

Body
Background:
The 1.186-acre parcel consists of portions of Block 98 of the LR Benjamins Subdivision and portions of Block 98 Town of Delray Subdivision. The property is located on the north side of NE 2nd Street, between NE 4th Avenue and NE 5th Avenue (Southbound Federal Highway). The waiver is for a subgrade parking level to encroach into the required front and rear setback. That portion of building above ground meets the required front setbacks (10' proposed) and exceeds the required rear setback (52.12' proposed). The project consists of a new 143 room hotel with 960 square feet of meeting space. The application includes the subject waiver request which requires City Commission action prior to consideration of the Class V Site Plan by SPRAB. The eastern portion of the property is currently vacant. The western portion of the property contains a two-story 4,731 square foot office building that was constructed in 1941.

Waiver Analysis:

Required Findings:
Pursuant to LDR Section 2.4.7 (B)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver:
a. Shall not adversely affect the neighboring area.
b. Shall not ...