TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Department
THROUGH: Terrence R. Moore, ICMA-CM
DATE: March 6, 2023
Title
RESOLUTION NO. 45-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO SECTION 4.3.4(K) OF THE LAND DEVELOPMENT REGULATIONS APPROVING A DWELLING UNIT WITH 864 SQUARE FEET OF FLOOR AREA FOR THE PROPERTY LOCATED AT 1115 NORTH SWINTON AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL)
Body
Recommended Action:
Recommendation
Review and consider Resolution No. 45-23 a request for waiver from Section 4.3.4(K), Land Development Regulations (LDR) to allow a dwelling unit with a floor area of 864 square feet on the property located at 1115 North Swinton Avenue.
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Background:
The property is located at the southeast corner of N. Swinton Avenue and NE 12th Street and consists of Parcels 1 and 2 of the replat of Lots 13, 14, 15, 16, and 17, Block 6 of Dell Park. The .48-acre site is zoned Single Family Residential (R-1-AA) with a compatible land use designation of Low Density Residential, 0-5 DU / Acre (LD). There is a 3,374 square foot single-family residence on Parcel 2 facing west on N. Swinton Avenue, and a three-bay, two-story, 1,040 square foot garage on Parcel 1 facing north on NE 12th Street. The property is held in a Unity of Title recorded on July 7,1999 in Official Record Book 11214, Page 965, with the garage as an accessory structure to the primary dwelling unit.
On March 10, 2022, the Board of Adjustment granted a variance from the Land Development Regulations (LDR) Section 4.3.4(K), Development Standards Matrix to reduce the minimum required front setback from 30 feet to 26.5 feet on Parcel 1 - necessary to cure nonconformities with the location of the garage.
Waiver Request
The applicant has requested a waiver with the stated intent to “cure nonconformities on Parcel 1 and 2, di...
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