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

February 12, 2020

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
V.COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE
VI.APPROVAL OF AGENDA
VII.DEVELOPMENT REVIEWS
A.Appeals
1.Appeal of Stop Work at 217 Via Tortuga
B.Time Extensions and Waivers
1.Time Extension - 980 N Lake Way
C.Variances, Special Exceptions, and Site Plan Reviews
1.Old 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 Review Commission deferred this project to their March 25, 2020 meeting.  Carried 6-1] Request For Deferral To The April 15, 2020 Meeting Per Letter From Maura Ziska.

b.Z-19-00231 VARIANCE(S)  Zoning District  R-B  Low Density Residential  The application of 1305 N OCEAN WAY LLC, Owner, relative to property located at 1305 N OCEAN WAY, legal description on file, is described below.  The applicant is requesting to construct a 700 square foot second floor addition on the northeast side of the existing house with a side yard setback of 13.58 feet in lieu of 15 feet minimum required. [Applicant's Representative:  Tim Hanlon Esq] [Architectural Review Commission Recommendation:  Implementation of the proposed variance will not cause negative architectural impact to the subject property.  Carried 7-0.]  [The Architectural Review Commission approved the project at their January 29, 2020 meeting.  Carried 7-0.]
2.New Business
a.Z-19-00234 SPECIAL EXCEPTION WITH SITE PLAN REVIEW Zoning District:  C-OPI  Office, Professional and Institutional  The application of BWREFI Royal Palm Way, LLC a Delaware Limited Liability Company (Alex Griswold, Manager), Applicant, relative to property located at 440/450 ROYAL PALM WAY, legal description on file, is described below.   Section 134-226, 134-227, 134-229, and 134-329. Request to modify previously-approved Special Exception 8-84 with Site Plan Review to allow the subject property to be split into two separate commercial properties. The property located at 440 Royal Palm Way and 450 Royal Palm Way would continue to allow for cross access and cross parking between both properties through a proposed cross parking/cross access agreement. If approved, the existing Unity of Title Agreement which was required as part of the zoning approval for 440 Royal Palm Way would be terminated. The existing Unity of Title Agreement and draft Termination of Unity of Title Agreement are attached as part of this zoning application and are on file at the Town of Palm Beach Planning, Zoning and Building Department.  [Applicant's Representative:  Maura Ziska Esq]
b.

Z-19-00235 VARIANCE(S)  Zoning District:  B-A  Beach Area  The application of Anthony and Lynda Lomangino, Applicant, relative to property located at 1620 S OCEAN BLVD, legal description on file, is described below. The applicant is requesting to construct a 118.8 square entry portico and loggia balcony additions and a 254.4 square foot second floor covered terrace/loggia addition which will require the following variances being requested: 1) Sec. 134-843(11): a variance for lot coverage of 25.37% in lieu of the 24.9% existing and the 25% maximum allowed. 2) Sec. 134-843{7): a request to have a building height plane setback of 44' -8" in lieu of the 53 foot minimum setback required for the architectural feature of a second floor covered loggia. [Applicant's Representative: Maura Ziska Esq]

c.

Z-19-00236 VARIANCE(S)   Zoning District:  R-B  Low Density Residential  The application of Jennifer J. Naegele, Applicant, relative to property located at 70 MIDDLE RD, legal description on file, is described below. The applicant is undertaking a renovation of a 3 story landmarked residence located in the R-B Zoning District. The renovation includes a 91 square foot laundry room addition to the northwest corner of the house; a 191 square foot covered terrace addition on the north side of the house; and a 60 KW generator proposed in the street side yard along Via Marina. The following variances are being requested: 1) Sec. 134-1729: a variance to allow a 60 KW generator to be placed in the street side yard along Via Marina with a setback of 8.5 feet in lieu of the 25 foot minimum required. 2) Sec. 134-893(11): a variance for lot coverage for the laundry room addition of 34.47% in lieu of the 33.07% existing and the 30% maximum allowed. 3) Sec. 134-893(13): a variance for a cubic content ratio ("CCR") for the laundry room and covered terrace of 8.85 in lieu of the 8.32 existing and the 3.95 maximum allowed. 4) Sec. 134-893(7): a variance for a north side yard setback of 7.6 feet in lieu of the 12.5 feet minimum required for the laundry room addition. 5) Sec. 134-893(7): a variance to convert the existing flat roof to a covered balcony with railing that will have a north side yard setback of 7.6 feet in lieu of the 15 foot minimum required. [Applicant's Representative: Maura Ziska Esq] [Landmarks Preservation Foundation Recommendation:  Implementation of the proposed variances will not cause negative architectural impact to the subject landmarked property.  Carried 6-1.  The Landmarks Preservation Commission approved the project with conditions relating to the landscape and hardscape plans.  Carried 6-1.] Request For Deferral To The April 15, 2020 Meeting Per Letter From Maura Ziska.

d.

Z-19-00237 SPECIAL EXCEPTION WITH VARIANCE(S)   Zoning District:  R-B/B-A  Low Density Residential/Beach Area  The application of Jolene Sarkis and Katherine Henry, Applicant, relative to property located at 1360 N OCEAN BLVD SUITE: BEACH CABANA, legal description on file, is described below. Section 134-890(3}: Request a special exception with site plan review and variance to allow construction of a new 200 square foot beach cabana in the R-B/B-A Zoning District with a west/front setback of 3.5 feet from the property line in lieu of the 10 foot minimum required.  [Applicant's Representative: Maura Ziska Esq]

3.Other
a.Request by Flagler Holdings North Carolina, Inc. Property Owner, to Name the New Via located at 221, 223, 225, 227 and 229 Royal Poinciana Way and 216 Sunset Avenue as Via Flagler
VIII.ORDINANCES
A.Second Reading
1.ORDINANCE NO. 01-2020  An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 134, Zoning, As Follows: At Article V, Planned Unit Development Procedure, Section 134-622, Permitted Land Uses In The PUD-A Zoning District, To Allow Hotels As A Permitted Use And Administrative Site Plan Review For Permitted And Accessory Uses That Do Not Exceed 2,500 Square Feet; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date.
Josh Martin, Director of Planning, Zoning & Building
IX.ANY OTHER MATTERS
X.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.