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

November 13, 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.

Presentation on Approach, Scope and Schedule for Code Reform Project.

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.DEVELOPMENT REVIEWS
A.Appeals
1.Appeal of September 14, 2019 ARCOM Staff Approval for Tow Away Signs
B.Time Extensions and Waivers
1.Time Extension Request, 247 Worth Avenue, Le Bilboquet Restaurant
C.Variances, Special Exceptions, and Site Plan Reviews
1.Old Business
a.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]  Request for Withdrawal per Email from Jose Gonzalez.
2.New Business
a.Z-18-00134 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)  Zoning District:  R-A  Estate Residential  The application of Charles “Rusty” Holzer, Applicant, relative to property located at 977 S OCEAN BLVD, legal description on file, is described below.   1) Section 134-840 and 134-893(c): Special Exception with Site Plan Review to allow the construction of a 6,546 square foot two story residence on a non-conforming lot that is 76.5 feet in depth in lieu of the 150 foot minimum required in the R-A Zoning district and 12,813 feet in area in lieu of the 20,000 square foot minimum area required in the R-A Zoning district. 2) Section 134-843(a)(5): A request for a variance to allow the proposed residence to have a front setback of 21.2 feet in lieu of the 35 foot minimum required in the R-A Zoning District. 3) Section 134-843(a)(9): A request for a variance to allow the proposed residence to have a rear setback of 10 feet in lieu of the 15 feet minimum required in the R-A Zoning District. In addition, to allow the balconies to extend 3 feet from the building in lieu of the 2 feet maximum allowed. 4) Section 134-1757: A request for a variance to allow the proposed residence to have a swimming pool rear setback of 5.3 feet in lieu of the 10-foot minimum required in the R-A Zoning District. 5) Section 134-843(a)(11): A request for a variance to allow the proposed residence to have a Lot Coverage of 33.32% in lieu of the 25% percent maximum allowed in the R-A Zoning District. 6) Section 134-843(a)(6)b: A request for a variance to allow the proposed residence to have an Angle of Vision of 136 degrees in lieu of the 116 degrees maximum allowed in the R-A Zoning District. 7) Section 134-843(a)(7): A request for a variance to allow the proposed residence to have a Building Height Plane setback range of 21.2' to 29.9' in lieu of the range of 35' to 42' 11 1/4" minimum required in the R-A Zoning District for this proposed house.  [Applicant's Representative:  Maura Ziska Esq]  [The Architectural Commission Deferred the Project at the October 30, 2019 Meeting.  Carried 7-0]  Request for Deferral to the January 15, 2020 meeting per Letter from Maura Ziska.
b.

Z-19-00224 SITE PLAN REVIEW AND VARIANCE(S)  Zoning District:  R-B  Low Density Residential 

The application of Andrew and Milla Russo, Applicant, relative to property located at 218 DEBRA LN, legal description on file, is described below. 1. Section 134-893(b)(2) - A request for Site Plan Review to build a 3,539 square foot, 2 story home, hardscape and swimming pool on an existing 10,393 square foot platted lot with a depth of 90' in lieu of 100' minimum required. The following variances are being requested for the proposed swimming pool. a. Section 134-1757 - Request for a front yard setback of twenty feet, four inches (20.33') in lieu of the twenty-five foot (25.0') minimum front yard setback required by code. b. Section 134-1757 - Request to allow the proposed swimming pool in a required street side yard with a continuous hedge of three feet (3.0') in height in lieu of six feet ( 6.0') minimum required.  [Applicant's Representative: Francis X. J. Lynch]  [Architectural Review Commission Recommendation:  Implementation of the proposed site plan review and variances will not cause negative architectural impact to the subject property.  Carried 5-2.] [The Architectural Review Commission approved the project as presented.  Carried 4-3]

c.Z-19-00225 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)  Zoning District:  C-WA Worth Ave  The application of FRO II WORTH OWNER LLC (Andrew Osborne), Applicant, relative to property located at 259 WORTH AVE, legal description on file, is described below.  Pursuant to Sections 134-1162 and 134-1165 the applicant is requesting Special Exception with Site Plan Review in order to construct a third story as a special allowance based on the Worth Avenue Design Guidelines. This project qualifies for the special allowances as set forth In Exhibit D(Copy on file in the PZ&B Department). The proposed third story consists of a roof top deck with an enclosed 2,390 square feet of living space which includes a 720 square foot pergola. The following variance is being requested: Section 134-1165 - proposed maximum story coverage of 33% for the enclosed living area on the third floor roof deck in lieu of the 25% maximum allowed for a third story using the Worth Avenue Design Guidelines (see attached Exhibit D).  [Applicant's Representative: Maura Ziska Esq]  [Architectural Review Commission Recommendation: The project meets the Worth Avenue Design Guidelines as presented.  Carried 5-2.] [The Architectural Review Commission approved the project as presented. Carried 6-1]
d.Z-19-00226 SITE PLAN REVIEW AND VARIANCE(S)  Zoning District:  R-C  Medium Density Residential  The application of Karen Lehrman Pravias, Applicant, relative to property located at 225 EVERGLADE AVE SUITE: 1, legal description on file, is described below. The applicant is requesting Site Plan Review pursuant to Section 134-942 to propose the removal of an existing 120 square foot awning and to replace it with a 192 square foot awning along the south side of the condominium unit, which will require the following variances: 1. Section 134-948 (5) -front yard setback of 17.33 feet in lieu of the 25 foot minimum required for multifamily use in the R-C Zoning District. 2. Section 134-948 (6) -West side yard setback of 14.84 feet in lieu of the 20-foot minimum setback required for multifamily use in the R-C Zoning District. 3. Section 134-948 (9) -Lot coverage of 41.34% in lieu of the 41.17% existing and the 30% maximum allowed for multifamily use in the R-C Zoning District. [Applicant's Representative: Maura Ziska Esq]
e.

Z-19-00227 VARIANCE(S)   Zoning District: R-B  Low Density Residential  The application of Brett and Meaghan Barakett, Applicant, relative to property located at 130 BARTON AVE, legal description on file, is described below.  The Applicant is proposing to construct a two story, 1,597 square foot addition (not including mechanical basement) and a 1,715 square foot basement. The addition is to be the same height and overall height of existing home, but the addition requires the following variance requests: 1. a height of 24.4 feet in lieu of 22 feet maximum permitted (Section 134-893(10); 2. An overall height of 29.2 feet in lieu of 25 feet maximum for a flat roof residence (Section 134-893(10); and 3. A rear building height plane height of 24.4 feet in lieu of 22 foot maximum (Section 134-893(8). 

[Applicant's Representative: Tim Hanlon Esq] [Landmarks Preservation Commission Recommendation:  Implementation of the proposed variances will not cause negative architectural impact to the subject property.  Carried 7-0.] [The Landmarks Preservation Commission approved the project with conditions relating to the architecture.  Carried 7-0]

IX.ANY OTHER MATTERS
A.Discussion to Consider Section 66-236 to Require Town Approval of Removing Landscape Buffers
B.Discussion of Previous Vote and Reconsideration of Request from O’Conner Property Management on Behalf of Wilson 151 Worth, LLC, to Release the 1998 Use Agreement Requirements for 152 Peruvian Avenue
X.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.