ZON-22-070 (COA-22-026) 241 SEAVIEW AVE. (COMBO) - MODIFICATION TO DECLARATION OF USE AGREEMENT

ZON-22-017 (ARC-22-032) 1237 N LAKE WAY (COMBO) - VARIANCES & SITE PLAN REVIEW The applicant, Frank H. Pearl and Geryl T. Pearl, has filed an application requesting Town Council review of and approval of Site Plan Review for the construction of a new two-story residence on a lot with less width than required in the RB district, and including variances (1) to allow a two-story accessory structure on a lot less than 20,000SF in lot area, and (2) to exceed the point of measurement. ARCOM will perform design review of the application. [Architectural Review Commission Recommendation:  Implementation for the proposed variance for the second story will cause negative architectural impact to the subject property.  Carried 4-3.  Implementation for the proposed variance, which addressed the point of measurement, will not cause negative architectural impact to the subject property.  Carried 7-0.] [The Architectural Review Commission deferred the project to the July 27, 2022 meeting.  Carried 7-0.] [ The Architectural Review Commission deferred the project to their September 28, 2022, meeting. Carried 7-0.] [Item deferred  to the October 26, 2022, Architectural Commission meeting at the request of the applicant.] [This item shall be deferred at the request of the applicant.]

ZON-22-021 (ARC-22-022) 160 SEAVIEW AVE (COMBO) – VARIANCES The applicant, Coral Beach Corporation (Angela Feldman, President) and Seaview Holdings, Inc. (David Feldman, Director), has filed an application requesting Town Council review for variances to exceed the point of measurement elevation higher than allowed to be measured from and to reduce the required street side yard setback for a new guest house on combined parcels at 160 and 170 Seaview Avenue. ARCOM will perform design review of the application.  (The Architectural Review Commission deferred the project to their September 28, 2022 meeting.  Carried 7-0.) [Item deferred  to the October 26, 2022, Architectural Commission meeting at the request of the applicant.] [This item shall be deferred at the request of the applicant.]

ZON-22-078 (ARC-22-123) 231 BRADLEY PL (COMBO) – SPECIAL EXCEPTION AND SITE PLAN REVIEW AND VARIANCES The applicant, Bradley Palm LLC, has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review allow a single-tenant occupied office containing approximately 5800SF GLA on the second floor of an existing two story office building, and Variances (1) to eliminate 1 of the required 22, 18 of which are existing parking spaces, (2 and 3) to reduce the required rear (east) and side (north) setback to accommodate exterior design modifications and (4) to exceed the maximum allowable lot coverage in order to accommodate additions to the two-story office structure. The Architectural Commission will perform design review of the application. [Architectural Review Commission Recommendation: Implementation of proposed variance will not cause negative architectural impact to the subject property.  Carried 7-0.] [The Architectural Review Commission deferred the project to the September 28, 2022 meeting. Carried 7-0.][The Architectural Review Commission approved this project at the September 28,2022, meeting, with the main façade and front door returning for review at a subsequent meeting. Carried 5-1] [The zoning portion of the application was re-noticed to include an additional variance, requested by the applicant.]

ZON-22-088 (ARC-22-126) 240 OLEANDER AVE (COMBO) – VARIANCES The applicant, PTMJM Florida Investment Properties, LLC (Patricia Lambrecht), has filed an application requesting Town Council review and approval for variances (1) for development on a lot which is deficient in minimum lot area and (2) deficient in lot depth in the RC zoning district and (3) to exceed the maximum allowed lot coverage, in conjunction with the construction of a new two-story single-family residence. The Architectural Commission will perform design review of the application. [The Architectural Review Commission deferred this item to the September 28, 2022, meeting. Carried 7-0] [Due to Hurricane Ian, the Architectural Review Commission deferred this project to the October 25, 2022, meeting. [This item shall be deferred to the November 9, 2022, Town Council meeting pending Architectural Review.]

ZON-22-093 (ARC-22-143) 1356 N OCEAN BLVD (COMBO) – SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES The applicant, Pippasbeachclub LLC (Gary and Kelly Pohrer), has filed an application requesting Town Council review and approval for a special exception with site plan review for the construction of a beach cabana in the R-B/B-A zoning district including variances (1) to exceed the maximum building height, (2) to reduce required west yard setback, (3) to reduce required ocean bulkhead setback, and (4) to exceed the maximum distance separation permitted between pool equipment and pool. The Architectural Commission will perform design review of the application.  [Architectural Review Commission Recommendation: Implementation of proposed variance will not cause negative architectural impact to the subject property. Carried 6-0.] [The Architectural Review Commission approved this project at the September 28, 2022, meeting. Carried 5-1.] 

ZON-22-100 (COA-22-035) 800 S COUNTY RD (COMBO) – SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES The applicant, ANN DESRUISSEUAX, has filed an application requesting Town Council review and approval for site plan review for the installation of a generator over 100 kW with associated building, and variances (1) to reduce the required east front yard setback, (2) to reduce the required north side yard setback, (3) to exceed the maximum lot coverage allowed, (4) to decrease the minimum required landscape open space, (5) to place a cooling tower within a required side yard, and (6) to place an 150 kW generator in the required front and side yard. The Landmarks Preservation Commission will perform design review of the application.  [Landmarks Preservation Commission Recommendation:  Implementation of the proposed variances will not cause negative architectural impact to the subject landmarked property.  Carried 6-0.]  [The Landmarks Preservation Commission approved the project at their July 20, 2022 meeting.  Carried 6-0.]   [The Town Council requested a landscape plan with less hardscape and the neighbors to work out differences regarding a wall between property at their August 10, 2022, meeting.] [Town Council deferred this project to the October 12, 2022, Town Council meeting.]

ZON-22-123 (COA-22-042) 218 PHIPPS PLZ (COMBO)—VARIANCE. The applicant, Bruce Leeds, Trustee of the Bruce Leeds Declaration of Trust, dated May 30, 2007, has filed an application requesting Town Council review and approval for a variance to reduce the required west rear yard setback, in conjunction with the construction of a new two-story accessory structure. The Landmarks Preservation Commission will perform design review of the application. [The Landmarks Preservation Commission deferred this item to the September 21, 2022 meeting.  Carried 7-0.] [The Landmarks Preservation Commission deferred this item to the October 18, 2022, meeting. Carried 7-0.] [This item shall be deferred to the November 9, 2022, Town Council meeting pending Landmarks Preservation approval.]

ZON-22-109 264-270 S COUNTY RD—SPECIAL EXCEPTION REQUEST WITH SITE PLAN REVIEW. The applicant, Carriage House Properties Partners, LLC (Joshua Levy, Director) has filed an application requesting Town Council review and approval for Special Exception Request With Site Plan Review to allow for outdoor café seating (62 seats) within a private courtyard in conjunction to an existing private club/restaurant.  Additionally, the applicant is seeking special consideration to amend the Declaration of Use prematurely before the allocated restrictive 2-year time frame in order to activate outdoor seating.

TIME CERTAIN: 2:00 PM

ZON-22-113 (ARC-22-182) 380 S COUNTY RD (COMBO)—SPECIAL EXCEPTION W/ SITE PLAN REVIEW AND VARIANCES. The applicant, Le bar a vin (Ann DesRuisseaux), has filed an application requesting Town Council review and approval for a Special Exception Request with Site Plan Review and including variances (1) to reduce required parking (by 2 spaces), (2) to reduce the street side (south) setback for the proposed ground floor terrace addition, (3) to reduce the required sidewalk clearance width, (4) to reduce the required drive aisle width, (5) to reduce required landscape open space, and (6) to exceed the maximum allowable height for mechanical equipment on a rooftop of an existing two-story building. The applicant is also seeking a Special Exception Request for a restaurant use from an existing bar/lounge.  Additionally, the applicant is seeking approval for Special Exception Request with Site Plan Review for outdoor café seating (22 seats + 8 outdoor seats previously approved) on private property and a Special Exception for a restaurant use in conjunction to an existing bar/lounge. The Architectural Commission will perform design review of the application. [Architectural Review Commission Recommendation: Implementation of proposed variance will not cause a negative architectural impact to the subject property. Carried 6-0.] [The Architectural Review Commission approved this project with conditions at the September 28, 2022, meeting. Carried 6-0.] 

ZON-22-124 (ACR-22-163) 357 N LAKE WAY (COMBO)—VARIANCES. The applicant, Scott Hesse and Whitney Hesse, has filed an application requesting Town Council review and approval for variances (1-2) to reduce the front and rear setbacks, and (3) to eliminate the two-car garage enclosure requirement by only providing a one-car garage, and (4) to reduce the street side yard 2-story setback, in conjunction with the renovation of an existing two-story single-family residence and new one- and two-story additions. The Architectural Commission will perform design review of the application. [Architectural Review Commission Recommendation: Implementation of proposed variance will not cause negative architectural impact to the subject property. Carried 6-0.] [The Architectural Review Commission approved this project at the September 28, 2022, meeting. Carried 6-0.]

ZON-22-131 163-165 SEMINOLE AVE—VARIANCES. The applicant, 2012 Steven H. Rose Irrevocable Trust (Dale Coudert), has filed an application requesting Town Council review and approval for variances (1) to create a new nonconforming east side-yard setback and (2) to create non-conforming landscaped openspace at 165 Seminole Ave. Variance (3) is to create a non-conforming west side-yard setback, (4) a variance for non-conforming lot coverage, (5) a variance to create non-conforming landscaped openspace, and (6) a variance to create nonconforming angle of vision at 163 Seminole Ave. The variances are required as part of the subdivision of the existing unified property at 163-165 Seminole Avenue into 2 separate lots while maintaining all existing structures and hardscape.

ZON-22-132 (ARC-22-200) 165 BRADLEY PL (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE. The applicant, Biltmore Galleria, LLC., has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review to allow a 3,038 SF private/public school in the Commercial-Town Serving District (C-TS) zoning district and a Variance from the off-street parking requirements to eliminate required surface parking spaces and convert it into a playground area. The application will require amendments to the existing Unity of Title and Declaration of Use. The Architectural Commission will perform the design review of the application.  [Due to Hurricane Ian, the Architectural Review Commission deferred this project to the October 25, 2022, meeting. [This item shall be deferred to the November 9, 2022, Town Council meeting pending Architectural Review.]

ZON-22-137 (HSB-22-014) 441 SEAVIEW AVE (COMBO)—SITE PLAN REVIEW AND VARIANCES. The applicant, 441 Seaview LLC (Maura Ziska), has filed an application requesting Town Council review and approval for Site Plan Review for additions and renovations to an existing Historically Significant building involving the demolition of more than 50% of the structure on non-conforming platted lots in the R-B district; and Variances (1-2) to reduce both required side (east and west) yard setbacks, (3) to reduce the required rear (north) yard setback, (4) to reduce the required front (south) yard setback, (5) to exceed the maximum Cubic Content Ratio (CCR) permitted, (6) to exceed the maximum lot coverage permitted, and (7) to reduce the required overall landscape open space, (8) the required perimeter open space, (9) the required front yard open space, (10) native landscaping requirements and (11) from Chapter 50, Floods, for the required floor elevation of the existing structure, for the renovation of existing Historically Significant one-story buildings. The Landmarks Preservation Commission will perform design review of the application. [The Landmarks Preservation Commission approved this project at the September 21, 2022, meeting. Carried 7-0.] 

ZON-22-138 (ARC-22-184) 1540 S OCEAN BLVD. (COMBO) —SPECIAL EXCEPTION W/ SITE PLAN REVIEW. The applicant, 1540 S OCEAN LLC (Steven Kirsch), has filed an application requesting Town Council review and approval for Special Exception and Site Plan Review for the construction of a new two-story guest house connected to a previously approved two-story structure with related landscape and hardscape improvements on a parcel deficient in lot depth.  The Architectural Commission will perform the design review of the application.  [Due to Hurricane Ian, the Architectural Review Commission deferred this project to the October 25, 2022, meeting. [This item shall be deferred to the November 9, 2022, Town Council meeting pending Architectural Review.]

ZON-22-142 340 ROYAL PALM WAY SUITE 300—SPECIAL EXCEPTION WITH SITE PLAN REVIEW. The applicant, BDT CAPITAL PARTNERS (Bong Shinn, Partner), has filed an application requesting Town Council review and approval for Special Exception Request with Site Plan Review for a financial institution tenant greater than 2,000 SF of GLA (7,100 SF) of an existing shell of a third floor within an existing multi-story office building zoned C-OPI with an attached parking structure.

ZON-22-155 155 HAMMON AVE—SPECIAL EXCEPTION W/ SITE PLAN REVIEW. The applicant, CH Hotel LLC (Sarah & Andrew Wetenhall), has filed an application requesting a Town Council review and approval for Special Exception Request with Site Plan Review to allow ‘accessory commercial uses to hotel uses’ in the R-D(2) district in conjunction to an existing hotel.

ZON-22-156 (ARC-22-156) 12 SLOANS CURVE DRIVE (COMBO)—SITE PLAN REVIEW AND VARIANCE. The applicant, Gary L & Joanne Wachman, have filed an application requesting Town Council review and approval for Site Plan Review and a variance to exceed the by 0.5% the maximum allowable lot coverage for an existing townhouse unit in a PUD development in order to expand the second-floor projecting balcony. The Architectural Commission shall perform design review of the application. [Architectural Review Commission Recommendation: Implementation of proposed variances will not cause negative architectural impact to the subject property. Carried 6-0.] [The Architectural Review Commission approved this project at the September 28, 2022, meeting. Carried 5-1.]

Amending Chapter 50 of the Town Code of Ordinances, Changes Relating to Floodplain Management

ORDINANCE NO. 016-2022: An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 50, Floods, By Amending Article II, Flood Damage Prevention, Division 7, Variances And Appeals, At Sections 50-110, 50-111, 50-112, 50-116 And 50-117; Providing For Severability; Providing For The Repeal Of Ordinances In Conflict; Providing For Codification; And Providing An Effective Date.