TENTATIVE:

SUBJECT TO

REVISION 

        

TOWN OF PALM BEACH
PLANNING, ZONING, & BUILDING DEPARTMENT

 

Town Council Meeting Development Review

TOWN HALL
COUNCIL CHAMBERS - SECOND FLOOR
360 SOUTH COUNTY ROAD

AGENDA

September 11, 2019

9:30 AM
 


Welcome
For information regarding procedures for public participation at Town Council Meetings, please refer to the end of this agenda.
I.CALL TO ORDER AND ROLL CALL

Gail L. Coniglio, Mayor

Danielle H. Moore, President

Margaret A. Zeidman, President Pro Tem

Julie Araskog

Lew Crampton

Bobbie Lindsay

II.INVOCATION AND PLEDGE OF ALLEGIANCE
III.PRESENTATIONS
A.Gold Star Families Plaque - Memorial Park
IV.COMMENTS OF MAYOR GAIL L. CONIGLIO
V.COMMENTS OF TOWN COUNCIL MEMBERS AND DIRECTOR OF PLANNING, ZONING AND BUILDING
VI.COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE
VII.APPROVAL OF AGENDA
VIII.PUBLIC HEARINGS
IX.DEVELOPMENT REVIEWS
A.Appeals
1.

Rehearing of Appeal - 1236 S. Ocean Blvd., Hitting Wall

Josh Martin, Director of Planning, Zoning and Building
2.Administrative Appeal of Determination and Decision by the Director of Zoning that the Proposed "Guest House and Pavilion for the Main House at 1480 North Ocean Boulevard" located at 1485 Via Manana is a Stand Alone Residence that Does Not Require a Unity of Title
Paul Castro, Zoning Manager
B.Time Extensions and Waivers
1.Time Extension Request for Roof Waterproofing, Repair and Maintenance Work at The Esplanade, 150 Worth Avenue
Wayne Bergman, Assistant Director, Planning, Zoning and Building
C.Variances, Special Exceptions, and Site Plan Reviews
1.New Business
a.Z-19-00212 VARIANCE(S)  Zoning District:  R-A Estate Residential  The application of R. Harrison McCarthy, Applicant, relative to property located at 520 S OCEAN BLVD, legal description on file, is described below.
Section 134-843(a)(11) - Variance request to allow extension of the second floor balcony and converting a trellis covered loggia into an uncovered balcony, resulting in a lot coverage of 26.83% in lieu of the 25% maximum allowed in the R-A Zoning District. [Applicant's Representative: David E. Klein Esq]
b.Z-19-00213 VARIANCE(S)  Zoning District: R-B Low Density Residential  The application of Armen A. Manoogian, Applicant, relative to property located at 224 S OCEAN BLVD, legal description on file, is described below.
A request to add a two car one-story garage onto the North side of the house which requires the following variances: 1. Sec 134-1576 A street side yard setback of six feet in lieu of the eighteen foot minimum required 2. Sec 134-893 b (13) A Cubic Content Ratio of 6.13 in lieu of the 5.82 existing and the 3.94 maximum allowed.  [Applicant's Representative: Jose Gonzalez, Architect]  [Architectural Review Commission Recommendation:  Implementation of the proposed variance will cause negative architectural impact to the subject property.  Carried 7-0    The Architectural Review Commission deferred the project to the September 25, 2019 meeting.  Carried 4-3]
c.Z-19-00214 SITE PLAN REVIEW   Zoning District: R-D(2) High Density Residential
The application of 330 South Ocean, Inc. (Steve Miller, Manager), Applicant, relative to property located at 330 S OCEAN BLVD, legal description on file, is described below.
The 330 South Ocean Condominium Association, Inc. is requesting site plan approval for a 550 KW generator with a 4,000 gallon underground fuel tank and the construction of a 458 square foot building to house the generator. The generator building is proposed to be located on the northwest side of the condominium property. A 211 square foot shed will be removed to make room for the building and landscaping.  [Applicant's Representative: Maura Ziska Esq]
d.Z-19-00216 VARIANCE(S)  Zoning District: R-B Low Density Residential  The application of ILLKM PB, LLC, (Jeffrey Weiner, Member) Applicant, relative to property located at 655 ISLAND DR, legal description on file, is described below.
A request for a variance to construct an open one-story pool loggia on the west side of the property that will result in a cubic content ratio ("CCR") of 4.74 in lieu of the 4.47 existing and the 3.92 maximum allowed in the R-B Zoning District.  [Applicant's Representative: Maura Ziska Esq]
e.Z-19-00217 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)  Zoning District: B-A Beach Area  The application of CKMJ Palm Beach LLC, Applicant, relative to property located at 1213 N OCEAN BLVD SUITE: BEACH CABANA, legal description on file, is described below.
Request a special exception with site plan review to remove an existing pergola and add 79 square feet to the east of the existing 121 square foot beach cabana that will require a south side yard setback of 3.5 feet in lieu of the 10-foot minimum required. [Applicant's Representative:  Maura Ziska Esq]
f.Z-19-00218 VARIANCE(S)   Zoning District: R-B Low Density Residential  The application of Christopher J. Lazzara and Jennifer Lazzara, Applicant, relative to property located at 272 QUEENS LN, legal description on file, is described below.   The applicant is proposing to construct a 3,468 square foot two-story addition to the west of the current residence comprised of living space, new garage and loggia that would result in the following variance being requested: 1) an angle of vision of 120 degrees in lieu of the 78 degrees existing and the 116 degrees maximum allowed in the R-B Zoning District.  [Applicant's Representative: Maura Ziska Esq]  [Architectural Review Commission Recommendation: Implementation of the proposed variance will not cause negative architectural impact to the subject property. Carried 6-1.    The Architectural Review Commission approved the architectural portion of the project.  Carried 5-2]
g.Z-19-00219 VARIANCE(S)  Zoning District:  C-TS  Town-Serving Commercial  The application of Wadia Associates (Dinyar Wadia, Principal), Applicant, relative to property located at 375 S COUNTY RD SUITE: 107, legal description on file, is described below.
Request for a variance to allow an 829 square foot architectural office (Wadia Associates) in suite 107 (previously Pastry Heaven) which is on the first floor of the building where office use is only allowed on the second floor in the C-TS Zoning District. [Applicant's Representative:  Maura Ziska Esq]
h.Z-19-00220 VARIANCE(S)  Zoning District: C-TS Town-Serving Commercial  The application of The Palm Group (Kevin Mulvaney, Principal), Applicant, relative to property located at 361 S COUNTY RD SUITE: J & K, legal description on file, is described below.
Request for a variance to allow a 500 square foot office (The Palm Group- Luxury Realty & Estate Management) in suites J & K (previously a dry cleaner and antique store) which is on the first floor of the building where office use is only allowed on the second floor in the C-TS Zoning District.  [Applicant's Representative:  Maura Ziska Esq]
i.Z-19-00221 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)  Zoning District: C-WA Worth Avenue  The application of Le Bilboquet (Philippe Delgrange, Principal), Applicant, relative to property located at 247 WORTH AVE SUITE: SITE, legal description on file, is described below.  1) Sec. 134-1159 (a) (6), Sec. 134-329 and Sec. 134-229: A request for Special Exception with Site Plan Review approval to operate a 3,590 square foot, 109 seat restaurant ("Le Bilboquet") on both the 1st and 2nd floor in the rear of the Via located at 247 Worth Avenue. The proposed restaurant will feature upscale French cuisine. The proposed hours of operation are requested to be 11:00 a.m. to 12:00 a.m. midnight seven (7) days a week. A sample menu is on file with the Town's backup. 2) Sec. 134-1159 (a) (6), Sec. 134-2176 and Sec. 134-2001: A request for Special Exception with Site Plan Review approval to have 44 (of the 109 proposed seats) to be outside in the Via. 3) Sec. 134-2175, Sec. 134-329 and Sec. 134-229: A request for a variance to provide zero (0) on-site parking spaces in lieu of the required 29 parking spaces that would be required under the principle of equivalency for the 87 additional seats which are over the Inside capacity of the proposed restaurant.  [Applicant's Representative:  Maura Ziska Esq]
2.Other
a.Consideration of Esplanade - Outdoor Promotional Events
X.ORDINANCES
A.Second Reading
1.ORDINANCE NO. 33-2019  An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 18, Buildings And Building Regulations, Article I, In General, Division III, Plans And Permits, By Adding Section 18-86, Construction Staging And Truck Logistics Plan; Providing For Severability; Providing For The Repeal Of Ordinances In Conflict; Providing For Codification; And Providing An Effective Date.
XI.ANY OTHER MATTERS
A.

Code Reform - Proposed Scope and Schedule

B.Sea Streets Historic District Consideration - Path Forward
C.145 Seaspray Avenue – Opposition to being included in “Sea” Streets Historic District
XII.ADJOURNMENT
PLEASE TAKE NOTE:
Note 1: No written materials received after 12:00 p.m. on the Thursday immediately prior to a monthly Town Council meeting will be included in the back-up binders distributed to the Mayor and Town Council in preparation for that meeting. Written materials received after 12:00 p.m. on Thursday will be separately distributed to the Mayor and Town Council; however, depending upon the length of the materials, the time of submittal, and other circumstances, the Mayor and Town Council may not be able to read and consider such late submittals prior to acting upon the policy matter(s) which they address.
Note 2: The progress of this meeting may be monitored by visiting the Town's website (townofpalmbeach.com) and clicking on "Meeting Audio" in the left column. If you have questions regarding that feature, please contact the Office of Information Systems (561) 227-6315. The audio recording of the meeting will appear within 24 hours after the conclusion of the meeting.
Note 3: If a person decides to appeal any decision made by this Council with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings. For such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
Note 4: Disabled persons who need an accommodation in order to participate in the Town Council Meeting are requested to contact the Town Manager's Office at 838-5410 or through the Florida Relay Service by dialing 1-800-955-8770 for voice callers or 1-800-955-8771 for TDD callers, at least two (2) working days before this meeting.
Note 5: Items listed on the Consent Agenda will be approved by one motion of the Town Council, unless the Mayor or an individual Council Member requests that any item(s) be moved to the Regular Agenda and individually considered.
Note 6: All back-up material for the items listed on the agenda are posted to the Town's website and emailed to all Stay Informed subscribers on the Friday before the Town Council meeting.  To access the back-up materials and/or subscribe to the Stay Informed list, please visit the Town's website (townofpalmbeach.com).

PROCEDURES FOR PUBLIC PARTICIPATION
Citizens desiring to address the Town Council should proceed toward the public microphones when the applicable agenda item is being considered to enable the Town Council President to acknowledge you.
PUBLIC HEARINGS:Any citizen is entitled to be heard on an official agenda item under the section entitled "Public Hearings," subject to the three minute limitation.
COMMUNICATIONS FROM CITIZENS:Any citizen is entitled to be heard concerning any matter under the section entitled "Communications from Citizens," subject to the three minute limitation. The public also has the opportunity to speak to any item listed on the agenda, including the consent agenda, at the time the agenda item comes up for discussion.
OTHER AGENDA ITEMS:Any citizen is entitled to be heard on any official agenda item when the Town Council calls for public comments, subject to the three minute limitation.
Town Council Meetings are public business meetings and, as such, the Town Council retains the right to limit discussion on any issue.