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

June 10, 2020

1:30 PM
 


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
Margaret A. Zeidman, President
Bobbie Lindsay, President Pro Tem
Julie Araskog
Lew Crampton
Danielle H. Moore

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.Time Extensions and Waivers
1.Time Extension Request for Construction and Permit Extension - 200 Via Bellaria
B.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 August 12, 2020 Meeting per Letter Dated May 19, 2020 from Maura Ziska.

b.Z-19-00211 SPECIAL EXCEPTION WITH SITE PLAN REVIEW  Zoning District: C-PC Planned Center  The application of 305 Concepts Palm Beach, LLC d/b/a Coyo Taco, Applicant, relative to property located at 340 ROYAL POINCIANA WAY SUITE: M337, legal description on file, is described below.
On March 15, 2017, the Town Council approved Special Exception #5-2017, which authorized Coyo Taco to operate a restaurant containing more than 3000 S.F. in the C-PC zoning district at Suites #337A and M 333 of the Royal Poinciana Plaza. The approval was conditioned upon execution of a Declaration of Use Agreement, which did not permit Coyo Taco to have a disc jockey. This application seeks to amend the existing Declaration of Use Agreement to allow the restaurant to have a DJ on Tuesday, Friday and Saturday nights, in addition to special events. The hours requested for the DJ are 8:00pm to 12:00pm on Tuesday nights and 8:00pm to 1:00am on Friday and Saturday nights and for special events. The DJ will be confined to the interior of Coyo Taco. No physical changes to the previous approval are requested.
The Declaration of Use Agreement also required Coyo Taco to return to the Town Council to demonstrate compliance with the Town Serving requirement. Coyo Taco has collected data confirming that the Town Serving requirement is met. This information will be presented to the Town Council during the public hearing on this application.  [Applicant's Representative: James M. Crowley Esq]
c.Z-19-00232 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)  Zoning District:  C-WA  Worth Avenue  The application of 125 Worth Partners, LLC, Applicant, relative to property located at 125 WORTH AVE, legal description on file, is described below.  The applicant requests Site Plan Review modification approval for revitalization, renovation and expansion of the 45 year-old nonconforming commercial building located at 125 Worth Avenue in the C-WA zoning district. The building will be completely renovated architecturally using design themes found in the Worth Avenue Design Guidelines. In addition, a two story addition is being proposed on the east end of the property. To make this project financially feasible, the owners are requesting to demolish and rebuild the existing fourth story and expand its footprint to add four residential units. In addition to the Site Plan Review proposed modifications, the applicant is requesting the following Special Exceptions and Variances required to complete the project: 1. Per Section 134-1163(8)b., a special exception for a two-story and fourth story addition. The existing building is four stories but it is being expanded. 2. Per Section 134-2182(b), a special exception for on-site shared parking, subject to a professional shared parking analysis. 3. Per Section 134-419, a variance to allow an expansion of an existing nonconforming building by increasing the height from 53' in lieu of the 49'2" existing and the 25' maximum allowed by code. 4. Section 134-419, a variance to allow an expansion of an existing nonconforming building by increasing the overall building height to 63'4" in lieu of the 53'8" existing and the 35'maximum allowed by current code. 5. Per Section 134-419, variance to allow an expansion of an existing nonconforming building by increasing the existing air conditioned floor area of the fourth story to 13,212.9 square feet from 3,448.75 square feet existing. An open fourth story trellis of 5,433 square feet is also proposed in this application and included in the calculation of lot coverage, below. There is an existing exterior fourth floor covered area of approximately 3,290 Square feet in addition to the existing air conditioned floor area on the fourth story of the building. 6. Per Section 134-1163(5), variance to allow a minimum front yard setback of 1'1" for portions of the building in lieu of the 5' existing and the 5' minimum required on the private property. The sidewalk is required to be a minimum of 10' wide and this proposal is a minimum of 8'2' in the area where the sidewalk is only 1'1" wide on private property. 7. Per Section 134-1163(9)b., variance for lot coverage of 71% on the first floor in lieu of the 57% existing and the 35% maximum allowable. 8. Per Section 134-1163(9)b., variance for lot coverage of 71% on the second floor in lieu of the 57% existing and the 35% maximum allowed for second story. 9. Per Section 134-1163(9)b., variance for lot coverage of 54% on the fourth floor in lieu of the 20% existing and the 35% maximum allowable by code. 10. Per Section 134-419, a variance to allow an expansion of an existing nonconforming building by increasing the existing building length at the east end of the building from 201'8" to 246' in lieu of the 150' permitted as of right in the C-WA zoning district.  [Applicant's Representative:  James M. Crowley Esq]  Request for Deferral to July 15, 2020 Meeting per Email Dated May 20, 2020 from James M. Crowley.
d.

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 7-0.  The Landmarks Preservation Commission approved the project as presented with the condition that the homeowner voluntarily grants the utility easement.  Carried 7-0]   

e.

Z-20-00246 VARIANCE(S)   Zoning District:  R-A  Estate Residential  The application of Samir and Michelle Bonomo, relative to property located at 145 KINGS RD, legal description on file, is described below.  1) Sec. 134-843(8): Request for a variance to allow construction of a 289.15 square foot addition to convert a one car garage to a two-car tandem parked garage that will result in a 1.25 foot east side yard setback In lieu of the 15 foot minimum allowed in the R-A Zoning District. 2) Sec. 134-843(11): Request for a variance to allow construction of a 289.15 square foot addition to convert a one car garage to a two-car tandem parked garage that will result in a lot coverage of 33.2% in lieu of the 30.84% existing and the 25% maximum allowed in the R-A Zoning District. 3. Sec. 134-2171: Request to add onto a one car garage to stack a second vehicle. The code requires the parking to be arranged so that each automobile can be removed without moving another automobile. [Applicant's Representative: Maura Ziska Esq]   [The Architectural Review Commission Recommendation: Implementation of the proposed variance will not cause negative architectural impacts to the subject property. Carried 7-0. The Architectural Review Commission approved the project as presented with conditions relating to the landscape screening. Carried 5-2.]

f.

Z-20-00247 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: A, legal description on file, is described below. 1) Sec. 134-1159 (a) (6), Sec. 134-329 and Sec. 134-229: A request to modify the previously approved Special Exception with Site Plan Review to add 51 additional seats to the previously approved 109 seat, 3,590 square foot restaurant ("Le Bilboquet") on both the 1st and 2nd floor in the rear of the via located at 247 Worth Avenue (160 total proposed seats). In addition, to add 594.5 square feet on the back of the building to house a cooler/storage area and elevator and two retractable awnings totaling 512 square feet over the via. There are also two existing permanent awnings that will be replaced with three awnings of the same approximate size. There is also an existing awning on Worth Avenue that will be replaced with an awning of the same approximate size. There will be new mechanical equipment located on the roof that will be screened. Additionally, the restaurant plans to have background music in the via. 2) Sec. 134-1159 (a) (6), Sec. 134-2176 and Sec. 134-2001: A request for Special Exception with Site Plan Review modification to allow 58 seats to be outside in the via in lieu of the 48 seats previously approved. 3) Sec. 134-1161 (a): A variance to have 58 outdoor seats over the inside capacity. The Code does not allow outdoor seating above the indoor capacity of the tenant space. 4) Sec. 134-1163 (7): A variance request to have a rear yard setback of 5.5 feet for the elevator and 2.5 feet for the cooler/storage building in lieu of the 10 foot minimum required in the C­WA Zoning District. 5) Sec. 134-1163(9): A variance request to allow a lot coverage for the elevator, cooler/storage building and retractable awnings of 84.6% in lieu of the 72.4% existing and the 35 % maximum allowed in the C-WA Zoning District for a two story building. 6) Sec. 134-1163(11): A request for a landscaped open space to be 3.5 % in lieu of the 4% existing and the 25 % minimum required in the C-WA Zoning District for a two story building. 7) 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 24 parking spaces that would be required under the principle of equivalency for the additional 51 seats being requested and the new elevator and 494 square foot cooler/storage building that is being added. A variance was previously approved to eliminate the requirement of 29 parking spaces.  [Applicant's Representative: Maura Ziska Esq]  [The Architectural Review Commission deferred the project  to the June 24, 2020 meeting. Carried 7-0.]

g.Z-20-00250 VARIANCE(S)  Zoning District:  R-B  Low Density Residential  The application of Dr. Dennis and Rosanne T. Vollman, Applicant, relative to property located at 202 OSCEOLA WAY, legal description on file, is described below.  The applicant is proposing to convert the existing garage into living space and add 56 square foot to the rear of the house and construct a new 427 square foot one story garage addition to the existing one-story residence. Both additions total 483 square feet. The following variances are being requested: 1) Section 134-894(6): The applicant is requesting a variance for an angle of vision of 126.2 degrees in lieu of the 116.7 degrees existing and the 112 degrees maximum allowed for the one-story garage addition. 2) Section 134-894(7): The applicant is requesting a variance for a west side yard setback of 9.9 feet in lieu of the 12.5 feet required in the R-B Zoning District for the 427 square foot one-story garage addition. 3) Section 134-894(7): The applicant is requesting a variance for a west side yard setback of 9.9 feet in lieu of the 12.5 feet required in the R-B Zoning District for the 56 square foot bedroom addition. [Applicant's Representative:  Maura Ziska Esq]  [The Architectural Review Commission Recommendation:  Implementation of the proposed variance will not cause negative architectural impacts to the subject property.  Carried 7-0.  The Architectural Review Commission approved the project as presented.  Carried 7-0.]
h.Z-20-00251 SPEICAL EXCEPTION WITH SITE PLAN REVIEW  Zoning District:  C-WA  Worth Avenue  The application of Maison (Ashley Wu, Founder), Applicant, relative to property located at 150 WORTH AVE SUITE: 235, legal description on file, is described below.   Section 134-1159 (9): A request for special exception approval to operate a 3,315 square foot shared space and a 680 square foot balcony in suite 235 on the second floor of the Esplanade called "Maison". Maison will be a "member's only" club catering to women (although men are not prohibited) that will offer a shared, co-working place for members to work, relax, attend events, meet and build community. Designed with working moms in mind, the founder Ashley Wu found it hard to work from home "As the workforce goes more remote and people travel to meet clients, and catch up with friends all over the city, a base for gathering in any neighborhood is ideal."· Ashley Wu Section 134-1164(e) and Section 134-1163(8): A request for special exception approval with site plan review to modify the existing arcade by allowing the use of the existing second story balcony above the arcade. Section 134·1161: A request for special exception approval to allow outdoor seating on the balcony above the arcade to enjoy food and beverages.  [Applicant's Representative:  Maura Ziska Esq]  [The Architectural Review Commission Recommendation: The conversion of the architectural arcade to a balcony on the second floor is acceptable as it relates to the architecture of the building.  Carried 6-1. The Architectural Review Commission approved the project as presented. Carried 5-2.]
i.Z-20-00252 VARIANCE(S)  Zoning District:  R-B  Low Density Residential  The application of Winston D. and Allison K. Wren, Applicant, relative to property located at 228 NIGHTINGALE TRL, legal description on file, is described below.   Section 134-894(7): The applicant is requesting an east side yard setback of 10.66 feet in lieu of the 12.5 foot minimum side yard setback required in the R-B Zoning District in order to construct a 380 square foot bedroom addition on the front of the residence. The cost of construction for the addition will be less than 50 percent of the market value of the home thus the work will not trigger a FEMA compliance issue.  [Applicant's Representative: Maura Ziska Esq]   [The Architectural Review Commission Recommendation: Implementation of the proposed variance will not cause negative architectural impacts to the subject property. Carried 6-1. The Architectural Review Commission approved the project as presented with the conditions relating to the addition of a garden wall and shade tree.  Carried 7-0.]
j.Z-20-00254 SPECIAL EXCEPTION WITH SITE PLAN REVIEW  Zoning District:  C-TS Town-Serving Commercial  The application of Risotto Realty, LLC (Daniel E. Ponton, Managing Member), Applicant, relative to property located at 215 PERUVIAN AVE SUITE: SITE, legal description on file, is described below.  1. Sec. 134-1109(a) (3) - A special exception to allow a one-story 922 sq. ft. addition as a permanent replacement for the existing tent structure which has been in place from October through May each year for 25+ years, with no increase in seating, at a private social club which is permitted as a special exception use in the C-TS zoning district. 2. Sec. 134-229 - A special exception to allow a one-story 922 sq. ft. addition as a permanent replacement for the existing tent structure which has been in place from October through May each year for 25+ years, with no increase in seating, at a private social club which is permitted as a special exception use in the C-TS zoning district. 3. Sec. 134-329 - Site plan review for a one-story 922 sq. ft. addition as a permanent replacement for the existing tent structure which has been in place from October through May each year for 25+ years, with no increase in seating, at a private social club which is permitted as a special exception use in the C-TS zoning district.  [Applicant's Representative: Peter Broberg]  [The Architectural Review Commission approved the project with conditions relating to the building color and the addition of a gate.  Carried 4-3.]  
2.New Business
a.Z-20-00255 VARIANCE(S)  Zoning District:  R-C  Medium Density Residential  The application of 206 Phipps Plaza, LLC (Tommy Morrison, Member), Applicant, relative to property located at 206 PHIPPS PLZ, legal description on file, is described below.   The applicant is undertaking a renovation of a 2 story landmarked residence located in the R-C Zoning District in Phipps Plaza. The renovation includes a 574 square foot second story pergola addition on the west side of the residence; a 116 square foot second story infill addition on east side of the residence; and installation of a generator inside building at the northeast corner of the residence. The following variances are being requested:  1)  134-1729: two variances to allow a 60 KW generator to be placed in the street rear yard along Seaview Avenue with a setback of 10 feet in lieu of the 25 foot minimum required and an east side yard setback of 4 feet in lieu of the 5 foot minimum required.  2)  134-948(5): a variance for a north rear street side yard setback of 3.1 feet in lieu of the 25 foot minimum required for the second story pergola addition.  3)  134-948(6): a variance for an east side yard setback of 1.5 feet in lieu of the 10 foot minimum required for the second story infill addition.  [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 7-0. The Landmarks Preservation Commission approved the project as presented with the condition that the homeowner voluntarily grants the utility easement. Carried 7-0]
b.Z-20-00256 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)   Zoning District:  R-A  Estate Residential  The application of EVERGLADES CLUB INC, Owner, relative to property located at 500 S COUNTY RD SUITE: SITE, legal description on file, is described below.   Section 134-840: A request for special exception with site plan review to allow the construction of a 12,000 square foot (60' x 200'), 25 foot tall metal storage building to be located north of the existing Reverse Osmosis Building and running 200 feet north from that point along South County Road. The following variances are being requested: 1. Section 134-843(5): a 10 foot street side yard setback along South County Road in lieu of the 35 foot minimum required in the R-A Zoning District. 2. Section 134-843(6): an angle of vision of 168.58 degrees in lieu of the 120 degrees maximum allowed. 3. Section 134-843(7): a building height plane setback ranging from 10 feet to 50 feet in lieu of the 50 foot to 52.5 foot minimum setback required.  [Applicant's Representative:  Maura Ziska Esq]  Request for Withdrawal per Letter Dated May 14, 2020 from Maura Ziska
VIII.ANY OTHER MATTERS
A.Discussion on Staff Approvals for ARCOM and LPC
IX.ADJOURNMENT
Note 1: 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.
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Note 3: 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 4: 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).

 

 

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