ARCOM Appeals of B-063-2020 160 Royal Palm Way 

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 (CENTURY INNOVATION LLC, MANAGER, BY ROBERT FRISBIE, AUTHORIZED SIGNATORY), applicant, relative to property located at 125 WORTH AVE, legal description on file, is described below. 
*MODIFIED DESCRIPTION* This is a pending application that is being modified to reduce the number and intensity of variances being requested; to relocate certain mechanical equipment from the east side of the property to the west side in order to address neighbor concerns; to provide additional data regarding compliance with the Worth Avenue Design Guidelines; and to clarify that the existing fourth story roof structure and structural columns will not be demolished as part of the proposed additions onto the fourth story. The application has eliminated a request to increase overall height by 12 feet and to eliminate a request for increased second story lot coverage. The application as modified requests Site Plan approval for the 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 in order to meet the standards for renovation as set forth in the Worth Avenue Design Guidelines. The application addresses how the project meets the Worth Avenue Design Guidelines in Exhibit "G". The applicant is requesting to demolish a portion of the existing fourth story and expand its footprint to add four residential units, which are permitted above the first floor subject to a finding that the project meets the Worth Avenue Design Guidelines. Existing structural columns and roof structure will remain, and the proposed addition will be lower in height than the existing fourth story roof. 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 fourth story addition. The existing building is four stories but the existing fourth story is proposed to be expanded. 2. Per Section 134-2182(b), a special exception to allow for on site shared parking, based on the professional shared parking analysis which has been provided. 3. Per Section 134-419, a variance to allow an expansion of an existing nonconforming building by increasing floor area at a height of 51 ft. 7 in., which is the height of the existing roof structure. The proposed fourth floor addition will be 49 ft. 7 in. in height, but staff has determined that a variance is required because the new addition is greater than the 40 ft. allowed under the use of the Worth Avenue Design Guidelines incorporated by reference in Chapter 134 of the Code. 4. Section 134-419, a variance to allow an expansion of an existing nonconforming building by expanding floor area at an overall building height of 52 ft. 3 in. , which is lower than the  52 ft. 7 in. existing but higher than the 40 ft. maximum allowed by the Worth Avenue Design Guidelines. 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 12,663.5 square feet from 3,448.75 square feet existing. An open fourth story trellis of 6,322.8 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 3,335 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 ft. 10 in. for portions of the building in lieu of the 5 ft. existing and the 5 ft. minimum required on the private property. The sidewalk is required to be a minimum of 10 ft. wide and this proposal is a minimum of 8 ft. 2 in. in the area where the sidewalk is only 1 ft. 1 in. wide on private property, in lieu of the 5 ft. minimum required by code. 7. Per Section 134-1163(9)b., variance for lot coverage of 63% on the first floor in lieu of the 57% existing and the 35% maximum allowable in order to relocate mechanical equipment from the east side of the property to the west. 8. Per Section 134-1163(9)b., variance for lot coverage of 54% on the fourth floor in lieu of the 20% existing and the 30% maximum allowable by code. 9. 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 ft. 8 in. to 246 ft. in lieu of the 150 ft. maximum permitted as of right in the C-WA zoning district.   [Applicant's Representative:  James M. Crowley Esq] [The Architectural Review Commission deferred this project to their June 23, 2021 Meeting.  Carried 6-1.]   

Z-20-00299 SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)  Zoning District: R A Estate Residential  The application of 1015 SOUTH OCEAN LLC (MAURA ZISKA, MANAGER), applicant, relative to property located at 1015 S OCEAN BLVD, legal description on file, is described below. 1) Section 134 840: Special Exception with Site Plan Review to allow the construction of an 11,031 square foot two story residence on a non conforming lot that is 97.97 feet in depth in lieu of the 150 foot minimum required In the R A Zoning District. 2) Section 134 843(a)(5): A request for a variance to allow a front setback of 16 feet 7.5 inches 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 a rear setback of 2 feet 7 inches in lieu of the 15 foot minimum required in the R A Zoning District. 4) Section 134 843(a)(6)b: A request for a variance to allow an Angle of Vision of 133.74 degrees in lieu of the 120 degrees maximum allowed in the R A Zoning District. 5) Section 134 843(a)(7): A request for a variance to have a building height plane setback ranging as close to the front property line as 16.8 feet (one story element) to 29.25 feet (two story element) in lieu of the minimum 35 foot (one story element) to 47.6 foot (two-story element) minimum required by Code in the R-A Zoning District. [Applicant's Representative: Maura Ziska Esq]  [Architectural Review Commission Recommendation:  Implementation of the proposed variances will cause negative architectural impacts to the subject property.  Carried 6-1.] [The Architectural Review Commission denied the project at the May 26, 2021 meeting.  Carried 5-2.]    

Proposed ordinance to provide a fee modification to all Business Tax Receipts in accordance with State law.

ORDINANCE 04-2021  An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 114 Taxation, Article II, Local Business Tax, At Section 114-43 Schedule, So As To Amend The Fees Delineated For Each Business, Profession Or Occupation; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date.

Proposed ordinance to amend Chapter 18 to provide uniform public notice requirements for Architectural Review Commission applications.

ORDINANCE 06-2021  An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending Chapter 18, Buildings And Building Regulations, Article III, Architectural Review, Division 3, Procedure And Requirements; Providing For Severability; Providing For The Repeal Of Ordinances In Conflict; Providing For Codification; And Providing An Effective Date.

Proposed ordinance to amend Chapter 54 to provide uniform public notice requirements for Landmark Preservation Commission applications.

ORDINANCE 07-2021   An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending Chapter 54, Historical Preservation, Article III, Certificate Of Appropriateness, Division 2, Procedures And Effect; Sections 54-93 And 54-94; And Amending Article IV, Designation Procedure, Section 54-162; Providing For Severability; Providing For The Repeal Of Ordinances In Conflict; Providing For Codification; And Providing An Effective Date.

Proposed ordinance to amend Chapter134 to provide uniform public notice requirements for Town Council zoning relief applications.

ORDINANCE 08-2021   An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending Chapter 134, Zoning, Article II, Administration, Division 4, Special Exceptions, Variances, And Dimensional Waivers, Sections 134-172 Through 134-174, And At Article III, Site Plan At Section 134-328; Providing For Severability; Providing For The Repeal Of Ordinances In Conflict; Providing For Codification; And Providing An Effective Date.

Proposed ordinance to amend Chapter 134, Zoning, to modify the use categories of restaurants, bars, and nightclubs and minor modifications to other food and beverage uses in the C-TS, C-WA, C-OPI, C-PC, and C-B districts.

ORDINANCE 12-2021  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 VI, District Regulations, Sections 134-1107, Permitted Uses, By Eliminating “Restaurants, Excluding Formula Restaurants As Defined In Section 134-2 And Bar/Lounges” As A Permitted Use In The C-TS Zoning District; At Section 134-1109, Special Exception Uses By Adding “Restaurants, Excluding Formula Restaurants As Defined In Section 134-2 And Bars/Lounges” As Special Exception Uses In The C-TS Zoning District; At Section 134-1157, Permitted Uses, By Eliminating “Retail Specialty Foods, Including Incidental Sale Of Prepared Food For Takeout” As A Permitted Use In The C-WA Zoning; At Section 134-1159, Special Exception Uses, By Adding “Retail Specialty Foods, Including Incidental Sale Of Prepared Food For Takeout” As A Special Exception Use In The C-WA Zoning District; At Section 134-1207, Permitted Uses, By Eliminating “Dining Rooms And Drinking Places When Not More Than 15  Percent Of The Gross Floor Area Of The Structure; No Exterior Or External Advertising To Be Permitted” As A Permitted Use In The C-OPI Zoning District; At Section 134-1209, By Adding “Dining Rooms When Not More Than More Than 15 Percent Of The Gross Floor Area Of A Building; No Exterior Or External Advertising Permitted” As A Special Exception Use In The C-OPI Zoning District; At Section 134-1257, Permitted Uses, By Eliminating The Lettering Identifying Permitted Uses And Replacing With Numbering And Eliminating “Dining Rooms And Drinking Places When Not More Than 15 Percent Of The Gross Floor Area Of The Structure; No Exterior Or External Advertising To Be Permitted” And “Retail Specialty Foods, Including Incidental Sale Of Prepared Foods For Takeout” As Permitted Uses In The C-PC Zoning District; At Section 134-1259, Special Exception Uses, By Adding “Dining Rooms When Not More Than 15 Percent Of The Gross Floor Area Of A Building; No Exterior Or External Advertising To Be Permitted” As Special Exception Use In The C-PC Zoning District; At Section 134-1302, Permitted Uses, By Eliminating “Dining Rooms And Drinking Places When Not More Than 15 Percent Of The Gross Floor Area Of The Structure; No Exterior Or External  Advertising To Be Permitted” As A Permitted Use In The C-B Zoning District; At Section 134-1304, Special Exception Uses, By Adding “Dining Rooms When Not More Than 15 Percent Of The Gross Floor Area Of A Building; No Exterior Or External Advertising To Be Permitted” As A Special Exception Use In The C-B Zoning District; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing For An Effective Date.

Proposed Amendment to the Town Code to Exempt ARCOM Member Architects from Conflict of Interest Regulations

ORDINANCE 09-2021  An Ordinance Of The Town Council Of The Town of Palm Beach, Palm Beach County, Florida, Amending Chapter 18, Buildings and Building Regulations, Article III, Architectural Review, Division 1, Generally Section 18-170; Providing For Severability; Providing For The Repeal Of Ordinances In Conflict; Providing For Codification; And Providing An Effective Date.

Proposed Amendment to the Town Code to Exempt Landmarks Preservation Commission Member Architects from Conflict of Interest Regulations

ORDINANCE 10-2021  An Ordinance Of The Town Council Of The Town of Palm Beach, Palm Beach County, Florida, Amending Chapter 54, Historical Preservation, Article II, Landmarks Preservation Commission, Section 54-38(b); Providing For Severability; Providing For The Repeal Of Ordinances In Conflict; Providing For Codification; And Providing An Effective Date.