File #: 20-226    Version: 1 Name:
Type: Resolution Status: Passed
File created: 3/6/2020 In control: City Commission
On agenda: 5/19/2020 Final action: 5/19/2020
Title: RESOLUTION NO. 64-20: 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)(2) AND TABLE 4.4.13(C) WHICH REQUIRE A MINIMUM REAR SETBACK OF 10 FEET IN THE RAILROAD CORRIDOR SUB-DISTRICT OF THE CENTRAL BUSINESS DISTRICT, WHEREAS A REAR SETBACK OF FOUR FEET SEVEN INCHES IS PROPOSED FOR 290 SE 2ND AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL HEARING)
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Res. No. 64-20 290 SE 2nd Avenue, 3. Staff Report - Waiver_290 SE 2nd Ave, 4. Justification Letter 290 SE 2nd Ave, 5. Site Plan 290 SE 2nd Ave, 6. Survey 290 SE 2nd Ave, 7. Elevations, 8. Elevations, 9. Legal Review Reso 64-20 Waiver Request for 290 SE 2nd Ave
TO: Mayor and Commissioners
FROM: Anthea Giannotes, Development Services Director
THROUGH: George Gretsas, City Manager
DATE: May 19, 2020

Title
RESOLUTION NO. 64-20: 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)(2) AND TABLE 4.4.13(C) WHICH REQUIRE A MINIMUM REAR SETBACK OF 10 FEET IN THE RAILROAD CORRIDOR SUB-DISTRICT OF THE CENTRAL BUSINESS DISTRICT, WHEREAS A REAR SETBACK OF FOUR FEET SEVEN INCHES IS PROPOSED FOR 290 SE 2ND AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL HEARING)

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Recommended Action:
Recommendation
Review and consider Resolution No. 64-20 to allow a rear setback of 4 feet 7 inches in the Central Business District (Railroad Corridor Sub-district) where a minimum rear setback of 10 feet is required.
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Background:
The subject property is zoned Central Business District (CBD) and is in the Railroad Corridor Sub-district. The 0.1145-acre parcel consists of Town of Delray Lts 15 & 16 Blk 79. An existing 2,087 square feet commercial/warehouse building was constructed in 1975.
The waiver request is from Land Development Regulations (LDR) Section 4.4.13(D)(2)(a)(2) and Table 4.4.13(C), which set forth a minimum rear setback of 10 feet. The property has an existing building with a rear setback that ranges from 5'-0" to 4'-7" inches; the property is not a perfect rectangle and is wedge-shaped, widening towards the south. The applicant is proposing to build a second story on the existing building. Constructing the second-story using the existing building's structure and location requires a waiver to the minimum rear setback requirement. (The first floor is an existing non-conformity). Granting the waiver request would allow a second-story addition of 2,087 sq.ft. to be built directly on top of the existing structure. The existing uses in the first story are...

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