Z-20-000262 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)   Zoning District: R-D(2)  High Density Residential  The application of The Ambassador Hotel Cooperative Apartments Corp., A Florida Corporation (Richard Schlesinger, President), Applicant, relative to property located at 2730 S OCEAN BLVD, legal description on file, is described below.  The following zoning relief is being requested: 1.Section 134-1055 (16.): Special Exception approval to modify the existing condo-hotel use in the R-D(2) Zoning District.  2. Section 134-327: Site plan approval for the modifications to the existing condo-hotel site as identified above.   3. Section 134-1064: Special exception approval for the new balconies on the third, fourth and fifth floors.  4. Section 134-1060 (6)(f): Variance request for the proposed redevelopment to include the addition of balconies on the south side of the building that will encroach into the south side yard setback by a 30 inches thus a variance request for a setback of 27.5 feet in lieu of the 30 foot minimum required.  5. Section 134-2172: Variance to allow the proposed off-street, valet-operated parking, to be tandem and stacked in lieu of the code required off-street parking standards related to size of spaces and access. The code requires parking spaces to be designed so that a vehicle can be removed without the necessity to move another vehicle. The proposed parking is modifying and adding parking areas designed with stacked (tandem) and lift parking.  6. Section 134-1064: Variance to allow the lot coverage to be 44.9% in lieu of the 23.7% existing and the 22% maximum allowed in the R-D(2) Zoning District for 5 story buildings (the building is 7 stories with a lower level floor area).  7. Section 134-1060(6): Variance to allow a north side yard setback of 15 feet in lieu of the 30 foot minimum required for the under dune garage.  8. Section 134-1064(b)(3): Variance to allow a height of 68.96 feet in lieu of the 62.5 maximum allowed for the Penthouse additions (7th floor).  [Applicant's Representative:  Maura Ziska Esq]  [Architectural Review Commission deferred this project to the October 28, 2020 meeting at the request of the attorney.  Carried 7-0.]   Request for Withdrawal per Letter Dated October 21, 2020 from Maura Ziska.

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]  Email Dated October 21, 2020 from Jennifer Naegele Requesting Deferral to the May 2021 Meeting.

Z-20-00265 SPECIAL EXCEPTION WITH SITE PLAN REVIEW  Zoning District:  R-B  Low Density Residential  The application of Carlos Musso, Sr., Applicant, relative to property located at 110 SEAGATE RD, legal description on file, is described below.  Special Exception with Site Plan Review to allow the construction of a 4,201 square foot two-story new residence on non-conforming portions of platted lots with a depth of 96.12 feet in lieu of the 100 foot minimum depth required in the R-B Zoning District.  [Applicant's Representative:  Maura Ziska Esq]  [Architectural Review Commission Recommendation:  Implementation of the proposed special exception and site plan review will not cause negative architectural impact to the subject property.  Motion carried 7-0.]  [The Architectural Review Commission approved the project as presented. Carried 7-0.] [The Architectural Review Commission reviewed this project after it was remanded back to them from Town Council.  The Architectural Review Commission approved the project as presented based on the competent, substantial evidence and on Section 18-205, criteria 4, 6 and 8.]

Z-20-00281 SPECIAL EXCEPTION WITH SITE PLAN REVIEW  Zoning District:  R-D(2) High Density Residential and R-C Medium Density Residential  The application of CH HOTEL, LLC (Andrew and Sarah Wetenhall and Family), relative to property located at 135 HAMMON AVE, 152 HAMMON AVE, AND 155 HAMMON AVE, legal description on file, is described below.  Request for a modification to the previously approved Special Exception for the Colony hotel use to allow the relocation of the previously held events on the west side of the ballroom building to the new east garden. The use of the garden area east of the ballroom building shall be primarily used as a pre-function space such as wedding ceremonies and cocktail receptions -all to be used in conjunction with the ballroom building that was approved by the Town Council In 1986. The Colony Hotel is requesting the following terms to be approved: 1) All pre-function events or ceremonies in the garden will be concluded by 10:00 p.m.  2) There shall be only background music allowed or live music of no more four instruments.  3) There shall be no DJ music 4) Microphone use shall be allowed for officiant for wedding services or an individual making remarks.  5) The hotel will agree to install a custom designed in-ground sound system to abate noise.  6) The hotel will install a mutually agreeable privacy/landscape buffer along the eastern property line.  [Applicant's Representative:  Maura Ziska Esq]   Consideration of Proposed Declaration of Use Agreement. 

Z-20-00293 SITE PLAN REVIEW WITH VARIANCE(S)  Zoning District:  R-C  Medium Density Residential  The application of Elaine Hirsch, Applicant, relative to property located at 130 SUNRISE AVE, SUITE: PH 1, legal description on file, is described below.   A site plan modification with variances to allow a 365 square foot fixed awning over the terrace on the seventh floor of a seven story condominium building. The following variances are being requested: 1. Section 134-948(8): To allow the awning at a height of 61.5 feet in lieu of the 23 1/2 foot maximum height allowed in the R-C Zoning District. Section 134-948(8): To allow the awning at an overall height of 63.66 feet in lieu of the 26 1/2 foot maximum height allowed in the R-C Zoning District. Section 134-948(8): To allow the awning on the existing seventh floor penthouse of a seven story building in lieu of the two story building maximum allowed in the R-C Zoning District.  Section 134-948(6): To allow a west side yard setback of 50.1 feet in lieu of the 61.5 foot minimum required. Section 134-948(7): To allow a rear street yard setback of 106.5 feet in lieu of the 123.16 foot minimum required.  [Applicant's Representative:  Maura Ziska Esq]  Request for Deferral to the December 9, 2020 Meeting per Letter Dated October 27, 2020 from Maura Ziska.

Z-20-00294 VARIANCE(S)  Zoning District:  R-B  Low Density Residential  The application of Georgia Benevides, Applicant, relative to property located at 266 COLONIAL LN, legal description on file, is described below.  A request for a flood plain variance for this historically designated house in order to construct the proposed addition with a finished floor elevation of 5.43 feet North American Vertical Datum ("NAVD") in lieu of the 7 foot NAVD required when construction exceeds 50% of the market value of the residence. The following other variances are being requested:   1. Section 134-893 (7): To allow a new 187 square foot one story addition to the west side of the residence and change the existing flat roof of that portion of the house to a higher pitched roof that will require a variance to have a 5.1 foot west side yard setback in lieu of the 12.5 foot minimum required in the R-B Zoning District.  2. Section 134-893 (9): To raise the height of the existing house in the rear from a flat roof to a pitched roof that will raise the height in a setback that is currently 2.5 feet in lieu of the 10 foot minimum required in the R-B Zoning District.  3. Section 134-2179: To convert a one car garage into living space which requires a variance to remove a required garage enclosure.  [Applicant's Representative:  Maura Ziska Esq] [Landmarks Preservation Commission Recommendation:  Implementation of the proposed variances will not cause negative architectural impact to the historically significant building.  Carried 7-0.]  [The Landmarks Preservation Commission approved the project.  Carried 6-1.]

Z-20-00295 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)  Zoning District:  C-TS  Town-Serving Commercial  The application of Café L’Europe, Applicant, relative to property located at 331 S COUNTY RD, legal description on file, is described below.   1) Section 134-1109 (14): Special Exception with Site Plan Review is being requested to relocate 20 seats from the inside 175 seats of Cafe L'Europe and relocate them outside along the sidewalk for dinner.  2) Section 134-1113(5)c: Cafe L'Europe is proposing to add 11 new arched top awnings and add new fabric at existing awning. The new awnings project 3'-0" off the face of the building and the bottom of the awning is 9' -0" above the existing sidewalk. The existing entrance awning projects approximately 10' -0" over the existing sidewalk, the existing frame will remain unchanged, only the fabric is being changed out. A variance is being requested to have 4.75 feet of clear sidewalk (along South County Road) in lieu of the 10 foot minimum required; and to have 7.75 feet of clear sidewalk (along Brazilian Avenue) in lieu of the 10 foot minimum required.  [Applicant's Representative:  Maura Ziska Esq]  [Landmarks Preservation Commission Recommendation:  Implementation of the proposed variances will not cause negative architectural impact to the landmarked building.  Carried 7-0.]  [The Landmarks Preservation Commission approved the project with conditions relating to the architecture.  Carried 7-0.]

Z-20-00296 SITE PLAN REVIEW WITH VARIANCE(S)  Zoning District:  R-C  Medium Density Residential  The application of Palm Beach Biltmore Condominium Beach Club, Applicant, relative to property located at 100 SUNSET AVE, BLDG 2, legal description on file, is described below.   

1) Section 134-326: A site plan modification with variances to allow a 728 square foot fixed awning addition to the covered patio that currently exists at the Beach Club. The following variances are being requested to construct the following:  2) Section 134-948(9): To allow the awning which will increase the lot coverage to 38.2% in lieu of the 33.3% existing and the 30% maximum allowed. 
3) Section 134-948(7): To allow an east street-side yard setback of 14.83 feet in lieu of the 25 foot minimum required.  [Applicant's Representative:  Maura Ziska Esq]  [The Architectural Review Commission Recommendation:  Implementation of the proposed variances will not cause negative architectural impact to the subject property.  Carried 7-0.]  [The Architectural Review Commission approved the project as presented.  Carried 7-0.]

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 VIII, Supplementary District Regulations, Section 134-1728 Air Conditioning And Swimming Pool Heating Equipment, By Changing The Title; Reorganizing The Regulations; Allowing The Use Of A Neighbor’s Concrete Wall For Screening Said Equipment; Providing For A Recorded Agreement With The Town To Build A Screening Wall As Provided For In The Code Should The Neighbor Remove Their Wall; Providing A Maximum Distance That Swimming Pool Equipment Can Be Located From A Swimming Pool Or Fountain; At Article VIII, Supplementary District Regulations, Section 134-1729, Generators And Swimming Pool Equipment, By Modifying The Title And Generator Regulations; Moving Swimming Pool Equipment Into Section 134-1728 Of The Code; Allowing More Than One Generator On A Property And Allowing The Use Of A Neighbor’s Concrete Wall For Screening Said Equipment; Providing For A Recorded Agreement With The Town To Build A Screening Wall As Provided For In The Code Should The Neighbor Remove Their Wall; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date.