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File #: 21-1130    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 9/24/2021 In control: City Commission
On agenda: 10/19/2021 Final action:
Title: ORDINANCE NO. 21-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES, BY AMENDING CHAPTER 2, “ADMINISTRATIVE PROVISIONS,” ARTICLE 2.2, “ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS,” SECTION 2.2.4, “THE BOARD OF ADJUSTMENT,” SECTION 2.2.4, “THE BOARD OF ADJUSTMENT,” TO REVISE THE BOARD COMPOSITION REQUIREMENTS AND DUTIES OF THE BOARD OF ADJUSTMENT; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING)
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Ordinance No. 21-21: Board of Adjustments, 3. Ordinance No. 21-21: PZB Staff Report, 4. Ordinance No. 21-21: Legal Review
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: October 19, 2021

Title
ORDINANCE NO. 21-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES, BY AMENDING CHAPTER 2, “ADMINISTRATIVE PROVISIONS,” ARTICLE 2.2, “ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS,” SECTION 2.2.4, “THE BOARD OF ADJUSTMENT,” SECTION 2.2.4, “THE BOARD OF ADJUSTMENT,” TO REVISE THE BOARD COMPOSITION REQUIREMENTS AND DUTIES OF THE BOARD OF ADJUSTMENT; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING)

Body
Recommended Action:
Recommendation
Consider Ordinance No. 21-21, a City-initiated request to amend Section 2.2.4 of the Land Development Regulations (LDRs) for the purpose of modifying board composition requirements and duties for the Board of Adjustment.

Body
Background:
The Board of Adjustment (BOA) has the power to consider appeals to determinations made by the Chief Building Official, and to grant variances. “A variance is a relaxation of the terms of these land development regulations where such variance will not be contrary to the public interest and where owing to the conditions peculiar to the property and not the result of the actions of the landowner, a literal enforcement of the regulations would result in unnecessary and undue hardship” (LDR Section 2.4.7(A).

The current Board composition requirement is five regular members and two alternate members. Three of the regular members must be filled by the specified professional; two may be filled by an at-large member. Four members is a quorum, and a supermajority vote is required to grant a variance or overturn a ruling by the Chief Building Official. The proposed amendment will elevate the alternate members to full b...

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