NovusAGENDA

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 December 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.	COMMENTS OF MAYOR GAIL L. CONIGLIO


	IV.	COMMENTS OF TOWN COUNCIL MEMBERS AND DIRECTOR OF PLANNING, ZONING AND BUILDING


	V.	COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE


	VI.	APPROVAL OF AGENDA


	VII.	LUNCH RECESS from 11:45 A.M. to 12:15 P.M


	VIII.	RESOLUTIONS


		A.	RESOLUTION NO. 155-2019 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 2275 South Ocean Boulevard 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.

		B.	RESOLUTION NO. 156-2019 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 334 Australian Avenue 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.


	IX.	DEVELOPMENT REVIEWS


		A.	Appeals


		B.	Time Extensions and Waivers


			1.	Time Extension Request for Construction - 208 Sandpiper Drive

			2.	Time Extension Request for Construction and Permit Extension - 1230 N Ocean Way

			3.	Time Extension Request for Construction and Permit Extension - 200 Via Bellaria

			4.	NEW ITEM: Authorize Waiver to Town Code for Work During Season for the Bradley Park Hotel, 280 Sunset Avenue (NOTE: THIS ITEM WAS MOVED FROM THE DECEMBER 10, 2019 REGULAR MEETING AGENDA)
				H. Paul Brazil, P.E., Director of Public Works


		C.	Variances, Special Exceptions, and Site Plan Reviews


			1.	Old Business


				a.	Z-18-00108 SPECIAL EXCEPTION WITH VARIANCE(S) Zoning District: C-TS Town Serving Commercial The application of Palm Beach Hotel Condominium Association, Inc., Applicant, relative to property located at 235 SUNRISE AVE SUITE: CM 23, legal description on file, is described below. A request for a variance and a special exception to expand a non conforming use ("hotel") to incorporate a 3,200 square foot space on the ground floor to be used as a gym which is an accessory use to the condominium hotel. [Applicant's Representative: Maura Ziska Esq] If approved, consideration of proposed Declaration of Use Agreement.

				b.	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.]


			2.	New Business


				a.	Z-19-00228 VARIANCE(S) Zoning District: R-A Estate Residential The application of Alex Chesterman, Applicant, relative to property located at 893 S COUNTY RD, legal description on file, is described below. 1. Section 134-1759(a): A variance request to construct a tennis court and associated required perimeter fence with a 2.9 foot west side yard setback in lieu of the 15 foot minimum required. 2. Section 134-1759(0): A variance request to construct a tennis court and associated required perimeter fence with a 24.9 foot front yard setback along S. County Road in lieu of the 35 foot minimum required. [Applicant's Representative: Maura Ziska Esq]

				b.	Z-19-00229 VARIANCE(S) Zoning District: R-C Medium Density Residential The application of Sandy Bottoms Trust (Craig Tessler, Trustee), Applicant, relative to property located at 334 AUSTRALIAN AVE, legal description on file, is described below. 1) Section 134-949(b): Request a variance to demolish and rebuild a nonconforming proposed landmark house where demolition will exceed 50% cubic footage on a nonconforming lot which is 50 feet in width in lieu of the 75-foot width minimum required and a lot area of 6,250 square feet in lieu of the 10,000 square feet minimum required by Code. 2) Section 50-114: Request to develop the property in excess of 50% of its current value, including the raising of the entire house, such that the entire house will have an elevation of 5.50 feet NAVD in lieu of the minimum 7.0 feet NAVD required by Code. 3) Section 134-948(5)a: Request to replace the existing porch with a front yard setback of 16 feet and add a second story with a front yard setback of 24.33 feet in lieu of the 25-foot minimum required in the R-C Zoning District. 4) Section 134-948(6)a: Request to replace the existing pool with a new pool of the same size with a west side yard setback of 8.6 feet in lieu of the 10-foot minimum required in the R-C Zoning District. 5) Section 134-948(6)a: Request to add a covered patio to the rear of the house with a west side yard setback of 2.5 feet in lieu of the 10-foot minimum required in the R-C Zoning District. 6) Section 134-948(6)a: Request to add a covered patio to the rear of the house with an east side yard setback of 4.4 feet in lieu of the 10-foot minimum required in the R-C Zoning District. 7) Section 134-948(9)a: Request to rebuild a nonconforming landmarked house with lot coverage of 41% in lieu of the 30% maximum allowed in the R-C Zoning District. 8) Section 134-948(11)a: Request to rebuild a nonconforming landmarked house with landscaped open space of 42% in lieu of the 45% required in the R-C Zoning District. [Applicant's Representative: David E. Klein Esq] [Landmarks Preservation Commission Recommendation: Implementation of the proposed variances will not cause negative architectural impact to the landmarked property. Carried 7-0. The Landmarks Preservation Commission approved the project at the November 20, 2019 meeting. Carried 7-0.]


	X.	ANY OTHER MATTERS


		A.	Discussion Regarding Proposed Code Changes to Create "Historic Buildings"


	XI.	ADJOURNMENT

PLEASE TAKE NOTE:

Note 1:	No written materials received after 3:30 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 3:30 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 Technology (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.