Code Review Update

TIME CERTAIN - 10:00 A.M.

Discussion Regarding Public Notices

RESOLUTION NO. 007-2023: A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Ratifying And Confirming the Determination of the Landmarks Preservation Commission that the Property Known as 296 S County Rd Meets the Criteria Set Forth In Ordinance No. 2-84, Also Known as Chapter 54, Article IV of the Code of Ordinances of the Town of Palm Beach; and Designating Said Property as a Town of Palm Beach Landmark Pursuant to Ordinance No. 2-84, Also Known as Chapter 54, Article IV of the Code of Ordinances of The Town of Palm Beach.

RESOLUTION NO. 008-2023: A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Ratifying And Confirming the Determination of the Landmarks Preservation Commission that the Property Known as 304 S County Rd Meets the Criteria Set Forth in Ordinance No. 2-84, Also Known as Chapter 54, Article IV of the Code of Ordinances of the Town of Palm Beach; and Designating said Property as a Town of Palm Beach Landmark Pursuant to Ordinance No. 2-84, Also Known as Chapter 54, Article IV of the Code of Ordinances of the Town of Palm Beach.

RESOLUTION NO. 015-2023: A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Ratifying and Confirming the Determination of the Landmarks Preservation Commission that the Property Known as 4 Via Vizcaya Meets the Criteria Set Forth in Ordinance No. 2-84, Also Known as Chapter 54, Article IV of the Code of Ordinances of the Town of Palm Beach; and Designating Said Property as a Town Of Palm Beach Landmark Pursuant to Ordinance No. 2-84, Also Known as Chapter 54, Article IV of the Code of Ordinances of the Town Of Palm Beach.

RESOLUTION NO. 016-2023: A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Ratifying and Confirming the Determination of the Landmarks Preservation Commission that the Property Known as 686 Island Drive Meets the Criteria Set Forth in Ordinance No. 2-84, Also Known as Chapter 54, Article IV of the Code of Ordinances of the Town of Palm Beach; and Designating Said Property as a Town Of Palm Beach Landmark Pursuant to Ordinance No. 2-84, Also Known as Chapter 54, Article IV of the Code of Ordinances of the Town Of Palm Beach.

ZON-23-006 139 N COUNTY RD - OUTDOOR PROMOTIONAL EVENTS -   THE PARAMOUNT THEATRE  The applicant, WEG Paramount LLC (Lester Woerner), has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for Outdoor Promotional Events in the open-air courtyard of the Paramount Theatre, an existing three-story commercial building. 

The applicant has withdrawn this application. 

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 Commission deferred the project to their December 16, 2022, Architectural Commission meeting.] [This project shall be deferred to the March 15, 2023, Town Council meeting pending Architectural Review.]

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 project to the January 25, 2023 meeting.]  [This project shall be deferred to the March 15, 2023, Town Council meeting pending Architectural Review.]

ZON-22-122 (HSB-22-011) 141 AUSTRALIAN AVE (COMBO)—VARIANCES. The applicant, Gregory James Pamel, has filed an application requesting Town Council review and approval for Variances to (1) reduce the required side (east) yard setback, (2) to reduce the required rear (north) yard setback, (3) to exceed the overall building height for an accessory structure, and (4) to exceed the maximum Cubic Content Ratio (CCR), and (5) to allow a two story accessory structure where only one story is permitted, for the demolition and reconstruction of a two-story accessory structure in the rear yard in conjunction with the proposed renovations to an existing Historically Significant two-story building. The Landmarks Preservation Commission will perform design review of the application. [This project shall be deferred to the April 4, 2023, Town Council meeting pending review by the Landmarks Preservation Commission.]

ZON-22-140 (ARC-22-216) 248 COLONIAL LN (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE. The applicant, 306 Livingston Street Holdings I, LLC (Matthew Mirones), has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for development of a lot which is deficient in lot depth and lot area in the R-B zoning district and for variances (1) to eliminate the two-car garage enclosure requirement, (2) to locate a generator in a setback which is higher than allowed from neighboring grade and (3) to not completely screen a generator with a masonry wall, in conjunction with the construction of a new two-story residence. The Architectural Review Commission will perform design review of the application. [The Architectural Review Commission deferred this project to the December 16, 2022 meeting.  Carried 7-0.] [This project shall be deferred to the March 15, 2023, Town Council meeting pending review by the Architectural Review Commission.]

ZON-22-147 (ARC-22-225) 201 EL VEDADO RD (COMBO) - VARIANCES. The applicants, Perri and Robert Bishop, have filed an application requesting Town Council review and approval for a variance to provide vehicle queuing space deficient in depth between the driveway gate and edge of roadway. The Architectural Commission will perform design review of the application. [The Architectural Review Commission Recommended: Implementation of the proposed variances will not cause negative architectural impact to the subject property.  Carried 6-1.] [The Architectural Review Commission deferred the project to the December 16, 2022, meeting for a restudy of the gate.  Carried 7-0.] [This project shall be deferred to the March 15, 2023, Town Council meeting pending Architectural Review.]

ZON-22-129 (ARC-22-187) 441 AUSTRALIAN AVE (COMBO)—VARIANCES The applicant, John and Ginny Collett, has filed an application requesting town council review and approval for development of a new two-story single-family structure, requiring variances for (1) developing a lot deficient in area in the RC zoning district, (2) developing a lot deficient in width in the RC zoning district, and (3) to reduce the required front yard landscaped open space, in conjunction with the construction of a new two-story residence. The Architectural Commission will perform design review of the application. [This project shall be deferred to the March 15, 2023, Town Council meeting pending Architectural Review.] 

ZON-23-002 (ARC-22-241) 624 ISLAND DR (COMBO)—VARIANCES The applicant, Holly Ann Bartlett, as Trustee of the 1220 South Ocean Boulevard Trust dated May 23, 2013, has filed an application requesting Town Council review and approval Variances (1) to exceed the maximum amount of lot coverage and (2) to exceed the maximum amount of Cubic Content Ratio (CCR) in the R-B zoning district in conjunction with the enclosure of an existing open-air courtyard of a two-story residence with a new skylight. The Architectural Commission will perform design review of the application. [This project was denied at the December 16, 2022, Architectural Review Commission.] 

ZON-23-012 (ARC-22-212) 246 EVERGLADE AVE (COMBO) — VARIANCES The applicant, 246 Everglade LLC, has filed an application requesting town council review and approval for site modifications including variances for (1) reduced landscape open space (2) for reduced air conditioning equipment setbacks and (3) for reduced pool equipment setbacks. The Architectural Commission will perform design review of the application. [Architectural Review Commission Recommendations: Implementation of proposed variance will not cause a negative architectural impact to the subject property. Carried 5-2] [ The Architectural Review Commission approved this project without the proposed gate at the January 25, 2023, meeting. Carried 5-2] 

ZON-23-013 (ARC-22-231) 7 LA COSTA WAY (COMBO) —SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES The applicant, La Costa Way Trust (Cooper Andrew TR), has filed an application requesting Town Council review and approval variances (1) for a reduced 2nd story street rear-yard setback for a new second story roof top terrace, (2) a variance to provide deficient landscape open space, and (3) a variance to exceed 2-story lot coverage maximum, all as part of a renovation to an existing nonconforming one-story residence. The Architectural Commission will perform design review of the application. [This project shall be deferred to the March 15, 2023, Town Council meeting pending Architectural Review.] 

ZON-23-025 (COA-22-055) 210 VIA DEL MAR (COMBO) – SPECIAL EXCEPTION WITH SITE PLAN REVIEW The applicant, BEACHBOYZ DEVELOPMENT LLC., has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for reduced vehicular gate setbacks on a cul-de-sac street. The Landmarks Preservation Commission will perform the design review for modifications to the existing Landmarked residence and grounds. [This project shall be deferred to the March 15, 2023, Town Council meeting pending Landmarks Preservation review.] 

ZON-22-032 (HSB-23-003) 594 N COUNTY RD (COMBO)—VARIANCES The applicant, George Marucci, has filed an application requesting Town Council review and approval for variances (1 and 2) to reduce both side yard setback requirements for two, one-story additions to a historically significant one-story building. The Landmarks Preservation Commission will perform the design review. [This project shall be deferred to the March 15, 2023, Town Council meeting pending Landmarks Preservation review.]

ZON-23-017 (COA-23-001) 1100 S OCEAN BLVD—MAR A LAGO (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW. The applicant, Mar A Lago Inc., has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for modifications to a private club Special Exception Use including the construction of a new one-story approximately 250 SF guardhouse guardhouse to an existing Landmarked structure. The Landmarks Preservation Commission will perform the design review. [This project shall be deferred to the March 15, 2023, Town Council Meeting pending Landmark Preservation review.]

ZON-22-141 375 S COUNTY RD SUITE 220-200—SPECIAL EXCEPTION WITH SITE PLAN REVIEW. The applicant, 375 South County Holdings LLC, has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for a permitted use for a change of ownership to a previously approved special exception use greater than 3,000 SF in the C-TS zoning district for an executive office suite with no change to the approved floor plan (4,352 SF).

ZON-22-153 (COA-22-054) 125 VIA DEL LAGO (COMBO)–VARIANCES. The applicant, Todd Glaser, has filed an application requesting Town Council review and approval for a variance to (1) expand an existing nonconforming 3rd story of a single-family dwelling and (2) to exceed the maximum building height. The Landmarks Preservation Commission shall perform design review of the application. [The Landmarks Preservation Commission Recommendation: Implementation of the proposed variance will not cause a negative architectural impact to the subject property. Carried 7-0] [The Landmarks Preservation Commission approved the project with conditions to the balcony handrail design to return to Landmarks for further review. Carried 7-0.]

ZON-23-001 (COA-22-008) 1 S COUNTY ROAD – THE BREAKERS HOTEL (COMBO) – SITE PLAN REVIEW. The applicant, The Breakers Palm Beach, Inc., has filed an application requesting Town Council review and approval of a Site Plan Review modification for the installation of new fencing and gates. The Landmarks Preservation Commission will perform the design review component of the application. [The Landmarks Preservation Commission approved this project as proposed. Carried 7-0.]

ZON-23-004 (ARC-22-244) 422 AUSTRALIAN AVE (COMBO)—VARIANCES. The applicant, 422 Development Group LLC, 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) for an equipment screening wall exceeding maximum allowed height, in conjunction with the construction of a new two-story residence. The Architectural Commission will perform design review of the application. [This project shall be deferred to the March 15, 2023, Town Council meeting pending Architectural Review.]

ZON-23-008 (ARC-22-245) 2784 S OCEAN BLVD (COMBO)—SITE PLAN REVIEW. The applicant, Cove Condominium Association Inc., has filed an application requesting Town Council review and approval for a Site Plan Review and approval for modifications to the existing surface parking area and landscape areas of three existing six-story multifamily buildings. The Architectural Commission will perform design review of the application. [The Architectural Review Commission approved the project design. Carried 7-0.] 

ZON-23-015 (ARC-23-002) 160 ROYAL PALM WAY – THE PALM HOUSE HOTEL (COMBO)—SITE PLAN REVIEW AND VARIANCES. The applicant, LR PALM HOUSE, LLC., has filed an application requesting Town Council review and approval for a variance (1) for rooftop air conditioning height in conjunction with modifications to previously approved alterations to the hotel, including the relocation of mechanical equipment to the roof, requiring Site Plan Review. The Architectural Commission shall perform the design review component of the application. [Architectural Review Commission Recommendations: Implementation of proposed variance will not cause a negative architectural impact to the subject property. Carried 7-0] [The Architectural Review Commission approved the project with the lighting bollard to return for additional review. Carried 7-0]

ZON-23-016 86 MIDDLE ROAD—SPECIAL EXCEPTION AND SITE PLAN REVIEW. The applicant, Middle Road Holdings Trust (Guy Rabideau), has filed an application requesting Town Council review and approval for a Special Exception and Site Plan approval to permit a reduction in the required setback for the proposed gate and gatepost for a property located on a cul-de-sac.

ZON-23-018 (ARC-23-009) 2860 S OCEAN BLVD (COMBO)—VARIANCES. The applicant, La Palma Condominium Apartment Association Inc., has filed an application requesting Town Council review and approval for Site Plan Review and Variances for site modifications to the parking lot and other site features of an existing multifamily condominium site including a new enclosed mechanical room including a variance to reduce the required parking spaces. The Architectural Commission will perform design review of the application. [Architectural Review Commission Recommendations: Implementation of proposed variance will not cause a negative architectural impact to the subject property. Carried 7-0.] [The Architectural Review Commission approved the project design. Carried 6-1.]

ZON-23-014 (ARC-22-243) 302 SEABREEZE AVE (COMBO) — SITE PLAN REVIEW AND VARIANCE The applicant, Sean Rooney, has filed an application requesting town council review and approval for development of a new two-story single-family structure on a parcel, comprised of platted lots, which is deficient in lot width and lot area in the R-B zoning district requiring Site Plan Review, and a variance to provide one garage parking spot in lieu of the two required. The Architectural Commission will perform design review of the application. [This project shall be deferred to the March 15, Town Council meeting pending Architectural review.] 

ZON-23-019 (COA-23-002) 363 COCOANUT ROW—THE VINETA HOTEL (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES The applicant, 363 Cocoanut Row Popco LLC, has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for the interior and exterior renovation to an existing Landmarked four-story hotel structure for (1) For modifying the existing four-story hotel use including a reduction of rooms from 57 keys to 41 in the R-C district and (2) For outdoor café seating use. Additionally, the applicant is seeking review and approval for Variances (1) to modify and increase a nonconforming hotel use and accessory restaurant uses in the R-C district under Sec. 134-201(a)(6) of the Town Zoning Code, (2) to exceed the maximum overall building height in order to construct rooftop projections (stair and elevator bulkheads), (3) to exceed the maximum overall building height in order to construct rooftop projections (third floor trellis), (4) to exceed the maximum height of rooftop mechanical equipment for air conditioners and (5) commercial kitchen exhaust scrubber on a rooftop, in conjunction with the renovation of an existing Landmarked four-story hotel and accessory restaurant uses. The Landmarks Preservation Commission will perform the design review.  [Landmarks Preservation Commission Recommendation:  Implementation of the proposed variances will not cause negative architectural impact to the landmarked property.  Carried 7-0.]  [Landmarks Preservation Commission approved the project with the lighting package to return to the March 22, 2023, meeting.  Carried 7-0.]

 TIME CERTAIN 2:00 PM

ZON-23-027 (ARC-23-012) 206 CARIBBEAN RD (COMBO)—SITE PLAN REVIEW. The applicant, 206 Caribbean LLC (Robert Frisbie, has filed an application requesting site plan review from the Town Council for construction of a new two-story single-family on an existing lot that is deficient in minimum required lot width and lot area in the R-B zoning district. The Architectural Commission shall perform design review of the application. [This project shall be deferred to the March 15, 2023, Town Council meeting pending Architectural Review.]

ZON-23-028 (ARC-23-013) 177 CLARKE AVE. (COMBO)—VARIANCES. The applicants, James Coleman Baker and Veronica Chen Baker, have filed an application requesting Town Council review and approval of variances including (1) Cubic Content Ratio, (2-4) to vest existing rear and side setback encroachments due to the demolition of more than 50% of the building, and (5) to allow a two-story accessory structure in support of the construction of a new two-story residence, alterations to an existing garage structure and landscape and hardscape improvements. The Architectural commission will review the design review component of the application. [This project shall be deferred to the March 15, 2023, Town Council meeting pending Architectural Review.]

ZON-23-030 (COA-23-006) 130 BRAZILIAN AVE (COMBO)—VARIANCES. The applicant, 145 Clarendon LLC, has filed an application requesting Town Council review and approval for a Variance (1) to reduce the required side setback for the installation of new ground floor awning on an existing Landmarked structure. The Landmarks Preservation Commission will perform the design review. [The Landmarks Preservation Commission Recommendation: Implementation of the proposed variance will not cause a negative architectural impact to the subject property. Carried 7-0.] [The Landmarks Preservation Commission approved this project as proposed. Carried 7-0.]

ZON-23-035 340 ROYAL POINCIANA WAY, STE M337 – STE M345—SPECIAL EXCEPTION WITH SITE PLAN REVIEW. The applicant, Marissa Collections of Palm Beach, Inc. (Jay Hartington, CEO), has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review to increase the retail gross leasable square footage in excess of the 3,000 SF permitted by right in the C-PC Planned Center District and assignment by the Town Council of two vested parking spaces reserved pursuant to the Amended and Restated 1979 Agreement governing development at the property.

Native Landscaping Regulations

ORDINANCE NO. 003-2023: An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances, Chapter 66, Natural Resource Protection, Article I, In General, By Amending Two Definitions; Amending Article IV, Vegetation, Division 1, Generally, At Sections 66-212, Purpose And Intent, Subsection (6), And 66-213; Applicability; Amending Article IV, Vegetation, Division 3, Plans, At Sections 66-261, Plans Required, And 66-285, General, Subsection (1); Providing For Severability; Providing For The Repeal Of Ordinances In Conflict; Providing For Codification; And Providing An Effective Date.