Code Review

a. Update

b. Discussion regarding Recommendation on Garages by the Planning and Zoning Commission

Sean S. Suder, ZoneCo., Planning Consultant

Joe Nickol, Yard & Company, Planning Consultant

10:00 AM TIME CERTAIN

ZON-23-060 (ARC-23-065) 304 MADDOCK WAY (COMBO)-SITE PLAN REVIEW The applicant, 304 Maddock Way LLC, has filed an application requesting Town Council Site Plan Review for the installation of one (1) generator with a 200kW output capacity housed in an enclosed building, in conjunction with the development of the parcel with a new two-story primary residence, two-story detached garage, and two-story detached guest house providing over 20,000 SF of enclosed space with site wide landscape and hardscape improvements. The Architectural Commission shall perform the design review component of the application. [The Architectural Review Commission Recommendation: Implementation of the proposed variances will not cause negative impact to the subject  property. Carried 5-2.] [The Architectural Review Commission approved this project at the June 28, 2023, meeting. Carried 5-2.]

ZON-23-019 (COA-23-002) 363 COCOANUT ROW—THE VINETA HOTEL (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES  - Declaration of Use Agreement  & Seating Chart Review

2:00 PM TIME CERTAIN

APPEAL OF MAY 24, 2023, ARCOM APPROVAL RE: 232 COLONIAL LN

[The Appellant made a request to defer this matter one (1) month and the request was agreed to by the Applicant of the 232 Colonial Lane project.] 

[This appeal shall be deferred to the August 9, 2023, Town Council Meeting.]

Waiver of Town Code Section 42-199, For Construction Work Hour Extension at 170 N. Ocean Blvd.

Waiver of Town Code Section 18-237, For Building Permit Extension at 525 N. County Rd.

Waiver of Town Code Section 18-237, For Building Permit Extension at 369 S. Lake Drive

Waiver of Town Code Section 18-237, For Building Permit Extension at 236 & 238 Phipps Plaza

Waiver of Town Code Section 42-199, For Construction Work Hour Extension at 3300 S. Ocean Blvd.

ZON-22-115 (COA-22-040) 801 S COUNTY ROAD (COMBO) - VARIANCES The applicant, Palmeiral Revocable Trust/Frances I. Kettenbach, has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for a beach house structure and three (3) variances (1) to vest an existing non-conforming west setback due to the demolition of more than 50% of the structure, (2) to place an air conditioning condensing unit within the front setback, and (3) to reduce the Ocean Bulkhead setback, in conjunction with proposed exterior alterations and additions to an existing beach cabana. The Landmarks Preservation Commission will perform the design review component of the application. [The Landmarks Preservation Commission Recommendation: Implementation of the proposed variances will not cause negative impact to the subject landmarked property. Carried 7-0.] [The Landmarks Preservation Commission approved this project with conditions at the June 21, 2023, meeting. Carried 7-0.]

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 March 29, 2023, meeting.]   [This project shall be deferred to the August 9, 2023, Town Council meeting pending review by the Architectural Review Commission.]

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. [The Landmarks Preservation Commission deferred this project to the April 19, 2023, meeting.]  [The applicant has withdrawn this application.]

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. [The Landmarks Preservation Commission Recommendation: Implementation of the proposed variances will not cause negative impact to the subject landmarked property. Carried 7-0.] [ The Landmarks Preservation Commission approved this project with conditions at the May 17, 2023, meeting. Carried 7-0.] [At the June 14, 2023, Town Council meeting, the Council decided to deferred this project to the July 12, 2023, Town Council meeting.]

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. [The Architectural Review Commission deferred the project to their March 29, 2023, meeting.]  [This project shall be deferred to the August 9, 2023, Town Council meeting pending review by the Architectural Review Commission.] 

ZON-23-041 (ARC-23-032) 176 SEMINOLE AVE (COMBO)—VARIANCES The applicant, William Paca Beatson, Jr. Trustee of the William Paca Beatson Revocable Trust dated January 8, 2021, has filed an application requesting Town Council review and approval for four (4) Variances required to convert an existing two-car garage into interior storage space and to construct a second-story addition over the rear garage with site and landscape alterations, including (1) to eliminate required garage parking spaces, (2) to construct a second floor addition with reduced rear setbacks, (3) to exceed the maximum allowable Cubic Content Ratio (CCR), and (4) to reduce the overall Landscape Open Space below the required minimum. The Architectural Commission will perform the design review component of the application. [The Architectural Review Commission Recommendation: Implementation of the proposed variances will not cause negative impact to the subject property. Carried 4-3.] [The Architectural Review Commission approved this project at the June 28, 2023, meeting with conditions. Carried 4-3.] 

ZON-22-121 (HSB-22-012) 428 CHILEAN AVE (COMBO)—VARIANCE The applicant, David Mooney, has filed an application requesting Town Council review and approval for a variance to exceed maximum equipment screening wall height, to screen equipment in the west side yard. The Landmarks Preservation Commission shall perform design and flood plain variance review of the application. [This project shall be deferred to the August 9, 2023, Town Council meeting pending review by the Landmarks Preservation Commission.]

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, (2) to exceed the maximum amount of Cubic Content Ratio (CCR), (3) to exceed the maximum allowable building height, and (4) to exceed the maximum allowable overall building height, 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 clerestory. The Architectural Commission will perform design review of the application. [The Architectural Review Commission deferred this project for restudy to the May 24, 2023, meeting. Carried 7-0.]  [This project shall be deferred to the August 9, 2023, Town Council meeting pending review by the Architectural Review Commission.]

ZON-23-020 (COA-23-003) 139 N COUNTY RD—THE PARAMOUNT THEATER (COMBO) —SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES  The applicant, WEG Paramount LLC, has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for the renovation of an existing Landmarked theater structure and the construction of a new three-story mixed use (retail and four residential units) development including Special Exception requests (1) to permit Private Club use in the C-TS district, (2) for square footage > 3,000 SF in the C-TS district, (3) for Restaurant use in the C-TS district, (4) for Outdoor seating use (100 seats) associated with a restaurant or private club in the C-TS district, (5) for a maximum of two stories in the C-TS district and (6) for shared parking in the C-TS district. The applicant is also seeking Site Plan Review for new building(s) or for changes in a permitted use in Sec. 134-1107 which involve more than 2000 square feet of building floor area in the C-TS zoning district. Additionally, the applicant is seeking review and approval for Variances (1) to reduce the required front yard for new construction, (2) front side street yard for new construction, (3) and rear yard setback requirements for new construction, (4) to allow three stories in lieu of two stories in CTS district, (5) to exceed the maximum height, (6) to exceed the maximum overall building height, (7) to exceed the maximum allowable lot coverage limitation, (8) to exceed the maximum building length permitted, (9) to exceed the maximum building size (floor area) permitted, (10) to reduce the require overall landscape open space, (11) to reduce the required front yard landscape open space, (12) to reduce the required front yard setback for the subterranean parking level, (13) front side street yard setback for the subterranean parking level, (14) and rear yard setback requirements for the subterranean parking level, (15) a variance to permit tandem and triple stacking for parking in the garage structure, (16) a variance to eliminate the required onsite loading space, (17) a variance to reduce the required drive aisle width, (18) a variance to exceed the maximum drive aisle slope in a garage, (19) a variance to exceed the maximum height of a perimeter wall on a side or rear property line, and (20) a variance to allow a generator (between 64kW-100kW) within a required side or rear setback, in conjunction with the renovation of an existing Landmarked theater structure and the construction of a new three-story mixed use (retail and four residential units) development with two subterranean parking levels (127 parked spaces). The Landmarks Preservation Commission will perform the design review. [This project shall be deferred to the August 9, 2023, Town Council meeting pending review by the Landmarks Preservation Commission.]

ZON-23-050 (ARC-23-036) 243 SEASPRAY AVE (COMBO) – VARIANCES The applicant, 243 Seaspray LLC (Larry Meyer, Manager), has filed an application requesting Town Council review and approval for (2) variances for (1) a reduced west side yard setback and (2) a reduced north rear yard setback, as it pertains to construction of a new two-story single family residence. The Architectural Commission shall perform design review of the application. [This project shall be deferred to the August 9, 2023, Town Council meeting, pending review by the Architectural Review Commission.]

ZON-23-049 (ARC-23-057) 2 S COUNTY RD (COMBO) —SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES The applicant, The Breakers Palm Beach, Inc. (Alex Gilmurray), has filed an application requesting Town Council review and approval for Special Exception with Site Plan Review for modifications to the tennis center at the Breakers hotel including replacement of and addition of courts, shade structures, walkway and stretching area, and (2) variances to (1) provide court fencing that is deficient in height and (2) to provide tennis court lighting that exceeds maximum heights allowed. The Architectural Commission shall perform design review of the application.  [This project shall be deferred to the October 11, 2023, Town Council meeting pending review by the Architectural Review Commission and at the request of the applicant.]

ZON-23-063 (ARC-23-039) 599 S COUNTY RD (COMBO) – VARIANCES The applicant SAS Realty Enterprises LLC (Greg Simonian, President), has filed an application requesting Town Council review and approval for a variance to exceed the maximum overall building height, as part of the construction of a new two-story single family dwelling. The Architectural Commission shall perform design review of the application. [This project shall be deferred to the August 9, 2023, Town Council meeting, pending review by the Architectural Review Commission.]

ZON-23-059 (ARC-23-063) 1265 N LAKE WAY (COMBO) – SITE PLAN REVIEW The applicant, 1265 N Lake Way LLC (Maura Ziska, Manager), has filed an application requesting Town Council Site Plan Review for development of single-family dwelling on a lot deficient in lot width in the R-B zoning district. The Architectural Commission shall perform design review of the application. [This project shall be deferred to the August 9, 2023, Town Council meeting pending review by the Architectural Review Commission.]

ZON-23-021 (ARC-23-015) 320 CHILEAN AVE (COMBO)—VARIANCES  The applicants, Valentin and Yaz Hernandez, have filed an application requesting Town Council review and approval for Site Plan Review and (6) variances, including (1) to reduce side setbacks for the installation of a new pool, (2) to reduce rear setbacks for a new pool heater, (3) to place pool equipment within a yard setback more than 25 linear feet away from the pool water’s edge, (4) to reduce overall Landscape Open Space below the required amount, (5) to reduce Front Yard Open Space below the required amount, and (6) to reduce the required parking spaces, in conjunction with overall site plan modifications for an existing two-story condominium building, including landscape and hardscape improvements and the installation of a pool. The Architectural Commission will perform the design review component of the application. [This project shall be deferred to the August 9, 2023, Town Council meeting pending review by the Architectural Review Commission.]

ZON-23-054 (ARC-23-064) 1473 N OCEAN BLVD (COMBO) – VARIANCES The applicants, William C. Powers & Marianne Elaine Elmasri, have filed an application requesting Town Council review and approval for (2) variances from (1-2) north and south side setback requirements. The Architectural Commission shall perform design review of the application. [This project shall be deferred to the August 9, 2023, Town Council meeting, pending review by the Architectural Review Commission.]

ZON-23-061 (ARC-23-074) 100 WORTH AVE (COMBO)—SITE PLAN REVIEW AND VARIANCE The applicant, The Winthrop House, has filed an application requesting Town Council review and approval for a Site Plan Review for modifications to existing site plan for a multifamily building and a Variance to remove required on-site parking spaces. The Architectural Commission will perform the design review component of the application. [The Architectural Review Commission Recommendation: Implementation of the proposed parking variance will not cause negative impact to the subject property. Carried 7-0.] [The Architectural Review Commission deferred this project at the August 23, 2023, meeting for a restudy of the proposed fenestration changes. Carried 7-0.] 

ZON-23-065 (ARC-23-080) 210 FAIRVIEW RD (COMBO) – VARIANCES The applicant, Aaron W. Ford, has filed an application requesting Town Council review and approval for (1) a variance to allow an addition to a one-story garage within the required front yard setback and (2) a variance for an addition in the required west side yard setback. The Architectural Commission shall perform design review of the application. [The Architectural Review Commission Recommendation: Implementation of the proposed variances will not cause negative impact to the subject property. Carried 7-0.] [The Architectural Review Commission approved this project at the June 28, 2023, meeting with conditions. Carried 7-0.] 

ZON-23-073 (ARC-23-096) 150 WORTH AVE, STE 137 (COMBO)—SPECIAL EXCEPTION The applicant, Lugano Diamonds, has filed an application requesting Town Council review and approval for a Special Exception for a permitted use (retail) over 4,000 SF of leasable area in the C-WA zoning district and a Special Exception request to allow lighted/illuminated signage within the courtyard of the Esplanade. The Architectural Commission will perform design review of the application. [This project will be heard at Town Council prior to being heard at the Architectural Review Commission due to the project being a Commercial project requesting zoning relief.]

Amendment to the Special Exception Clause in the Commercial Districts Related to Business Tax Receipts (BTRs) and Non-Conforming Permitted Uses

Ordinance No. 009-2023: An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending the Town Code of Ordinances at Chapter 114 Taxation, Article II, Local Business Tax, at Section 114-43 Schedule, so as to Amend the Fees Delineated for each Business, Profession or Occupation; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing for an Effective Date.  

Amendment to the Requirements for Special Exception on Non-Conforming Lots within the Single-Family Districts

Ordinance No. 010-2023:  An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending Chapter 134, Zoning, Article IV, Nonconformities, Division 4. - Land; Section 134-446. Development and Redevelopment of Nonconforming Residential Lots; Article VI, District Regulations, Division 2. - RAA Large Estate Residential District, Section 134-793. Lot, Yard, and Area Requirements; Division 3. -R-A Estate Residential District, Section 134-843. Lot, Yard, and Area Requirements; and Division 4. - R-B Low Density Residential District, Section 134-893. Lot, Yard, and Area Requirements Providing for Severability; Providing for the Repeal of Ordinances in Conflict; Providing for Codification; and Providing an Effective Date. 

Amendment to the Definition of Building Height, Point of Measurement

Ordinance No. 011-2023: An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending Chapter 134, Zoning, Article I, in General; Section 134-2, Definitions and Rules of Construction, Related to Building Height Point of Measurement; Providing for Severability; Providing for the Repeal of Ordinances in Conflict; Providing for Codification; and Providing an Effective Date.