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 9, 2022

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

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

II.INVOCATION AND PLEDGE OF ALLEGIANCE
III.APPROVAL OF AGENDA
IV.COMMENTS OF MAYOR DANIELLE H. MOORE
V.COMMENTS OF TOWN COUNCIL MEMBERS
VI.COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE
VII.NEW BUSINESS
A.Review of a Stop Work Order Due to the Three Strike Rule at 346 Seaspray Avenue
B.Review of a Stop Work Order Due to the Three Strike Rule at 726 Hi-Mount Road
VIII.PRESENTATIONS
A.Presentation on CCR and FAR
B.

Consider New and Updated PZB Brochures for Prospective Home Buyers, Architects, Realtors and Contractors

Julie Araskog, Town Council Member
IX.RESOLUTIONS
A.RESOLUTION NO. 016-2022 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 250 Algoma Road 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. 017-2022  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 266 Atlantic Ave 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.
X.DEVELOPMENT REVIEWS
A.Variances, Special Exceptions, and Site Plan Reviews
1.Old Business
a.

Z-20-00318  Consideration of an Application of Blossom Way Holdings, LLC, to Replat Lots 1-6; Relocate the 8 foot wide Pedestrian Beach Access Easement to the North Side of Proposed Lot 6; Eliminate; the Limited Access Easement (LAE) along the East Side of South Ocean Boulevard; Abandon the Private Road Known as Blossom Way, in the Replat of the Blossom Estate; and Create a Pedestrian Beach Access Easement Across the North Property Line of Property Currently Known as 60 Blossom Way

TIME CERTAIN: 11:00 AM

 
b.

ZON-21-006 (ARC-21-040) 164 SEASPRAY AVENUE (COMBO) SPECIAL EXCEPTION REQUEST WITH SITE PLAN REVIEW AND VARIANCES  The applicant, Hayati Banastey, has filed an application requesting Town Council review and approval for a Special Exception Request with Site Plan Review for the construction of new two story residence on 2 platted lots deficient in lot width and lot area, including the following variances (1) a variance to reduce the required side (east) yard setback to 10 ft in lieu of 15 feet required for 2 story structure; (2) a variance to reduce the required side (west) yard setback to 10 ft in lieu of 12.5 feet required for the 1 story portion; (3) a variance to reduce the required side (west) yard setback to 10 feet in lieu of 15 feet required for the 2 story portion.  [Architectural Review Commission deferred the project to the February 23, 2022 meeting.  Carried 7-0.]  Staff Recommends a Deferral to the March 9, 2022 Meeting.

c.

ZON-21-011 (ARC-21-050) 1090 SOUTH OCEAN BOULEVARD (COMBO)  SPECIAL EXCEPTION REQUEST WITH SITE PLAN REVIEW The applicant, 1090SOCEAN LLC (Brad McPherson), has filed an application requesting Town Council review and approval of a Special Exception Request with Site Plan Review to allow the construction of a new two-story residence on non-conforming portions of platted lots that is 135’ in depth where 150’ is required and 18,558 SF of lot areas where 20,000 SF is required in the R-A zoning district.  [Architectural Review Commission deferred the project to the February 23, 2022 meeting.  Carried 7-0.]  Staff Recommends a Deferral to the March 9, 2022 Meeting

d.

ZON-21-013 (ARC-21-044) 1800 SOUTH OCEAN BLVD (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW The applicant, 1800 South Ocean LLC (Maura Ziska, Manager), has filed an application requesting Town Council review and approval for a Special Exception Request with Site Plan Review to install a padel court and generator over 100kW in power, in association with a new two-story residence.   [Architectural Review Commission deferred the project to the February 23, 2022 meeting.  Carried 6-1.]  Staff Recommends a Deferral to the March 9, 2022 Meeting

e.

ZON-21-018 (HSB-21-004) 245 BARTON AVE (COMBO)—VARIANCES The applicant, Elizabeth Sorrel, has filed an application requesting Town Council review and approval for variances (1) to reduce the front (south) setback for a new entry addition, (2) to exceed the maximum allowable cubic content ratio ‘CCR’, and (3) to exceed the maximum allowable lot coverage, in order to construct a new 35 SF entry addition to a historically significant building.  [The Landmarks Preservation Commission deferred the project to the February 16, 2022 meeting.  Carried 7-0.]  Staff Recommends a Deferral to the March 9, 2022 Meeting.

f.

ZON-22-002 (ARC-21-093) 150 WORTH AVE, STE 234 (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW The applicant, Cojimar Palm Beach (Joseph Hernandez and Charles Masson), has filed an application requesting Town Council review and approval for a Special Exception Request with Site Plan Review requesting outdoor seating (28 total seats) at the first (20 seats) level and second (8 seats) level of the two-story Esplanade retail building in conjunction with a new restaurant (Cojimar) to occupy the second floor space of a prior restaurant.  [Architectural Review Commission deferred the project to the February 23, 2022 meeting.  Carried 6-1.] 

g.

ZON-22-006 (ARC-21-095) 432 SEABREEZE AVE (COMBO)—VARIANCES The applicant Bijon Memar, has filed an application requesting Town Council review and approval for modifications and an addition to the existing residence, requiring variances for lot coverage and retention of existing nonconforming side yard and rear yard setbacks.  [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 architectural portion of the project 7-0.  The Commission deferred the February 23, 2022 meeting.  Carried 5-2.] 

2.New Business
a.ZON-21-002 (ARC-21-038) 218 ROYAL PALM WAY (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES The applicant, 218 Holdings LLC (Susan Hudson, Manager), has filed an application requesting Town Council review and approval for Special Exception Request with Site Plan Review and including variances (1) to reduce the front setback for the third floor addition (2) to reduce the side (east) setback for the third floor addition, (3) to reduce side (east) setback for the new exterior egress stairs, (4) to reduce side (east) setback for a new generator, (5) to reduce the required parking (4 additional spaces required) and (6) to exceed the maximum height of a generator and screening wall in a required yard, in order to expand a third story of an existing three-story building to accommodate two new residential uses. The Architectural Commission will perform design review of the application.   [Architectural Review Commission deferred the project to the February 23, 2022 meeting.  Carried 7-0.]  Staff Recommends a Deferral to the March 9, 2022 Meeting
b.

ZON-22-004 977 S OCEAN BLVD—VARIANCES The applicant, 195 Pheston Associates Palm Beach LLC (Charles Holzer, Manager), has filed an application requesting Town Council review and approval for a variance to construct a new seawall 169'-7" in length directly adjacent but 2'-6" feet eastward of the existing seawall and partially east of the Town of Palm Beach’s Bulkhead Line.  Deferral Request to the March 9, 2022 Meeting per Letter from Maura Ziska, Esq.

 

c.ZON-22-012 (ARC-22-008) 420 BRAZILIAN AVE (COMBO)—VARIANCES The applicant, Ronald Gross, has filed an application requesting Town Council review and approval of variances to place a generator in the front yard setback of an existing residence, to allow a generator screening height to exceed the maximum height allowed in the front yard setback, to reduce the required front setback and to further decrease nonconforming landscape open space area. The Architectural Commission will perform design review of the application.  [Architectural Review Commission Recommendation:  Implementation of the proposed variances will not cause negative architectural impact to the subject property.  Carried 6-1.]  [The Architectural Review Commission approved the project as presented.  Carried 7-0.]
d.ZON-22-013 (ARC-22-009) 215 SEABREEZE AVE (COMBO)—VARIANCES The applicant, Edward & Margot Mehm, has filed an application requesting Town Council review and approval for a variance to reduce the required side yard setback in order to construct a pergola in the required yard. The Architectural Commission will perform design review of the application.   [Architectural Review Commission deferred the project to the February 23, 2022 meeting.  Carried 7-0.]  Staff Recommends a Deferral to the March 9, 2022 Meeting
e.ZON-22-014 227 ROYAL POINCIANA WAY—VARIANCES AND SPECIAL EXCEPTION The applicant, PNC Bank (Barry Criss, Officer), has filed an application requesting Town Council review and approval for a Special Exception and Variance to locate an additional PNC Bank financial services office within 1500 feet of another PNC Bank.
f.ZON-22-016 (ARC-22-036) 60 COCOANUT ROW (COMBO)—SPECIAL EXCEPTION, SITE PLAN REVIEW AND VARIANCES The applicant, Royal Poinciana Chapel, Inc. (Cater Randolph, Board President) ), has filed an application requesting Town Council review and approval for a Special Exception, Site Plan Review and Variances for a generator over 100 kW and the required building enclosure including a variance request to reduce the reduced side-yard setback. The Architectural Commission will perform design review of the application.  [Architectural Review Commission Recommendation:  Implementation of the proposed variances will not cause negative architectural impact to the subject property.  Carried 5-0.]  [The Architectural Review Commission approved the project as presented.  Carried 5-0]
g.ZON-22-019 (ARC-22-033) 200 OCEAN TERRACE (COMBO)—VARIANCES The applicant, Mr. & Mrs. Timothy Davidson, has filed an application requesting Town Council review and approval for a variance to reduce the required street rear-yard setback for the construction of a new one-story guest house. The Architectural Commission will perform design review of the application.   [Architectural Review Commission deferred the project to the February 23, 2022 meeting.  Carried 6-0.]  Staff Recommends a Deferral to the March 9, 2022 Meeting
h.ZON-22-020 (COA_22-004) 8 SOUTH LAKE TRAIL (COMBO)—SPECIAL EXCEPTION The applicant, The Lakeside Trust dated November 19, 2020 (Patrick Emans, Trustee), has filed an application requesting Town Council review and approval for a Special Exception Request approval for driveway gates on a dead end street which do not provide the required vehicle stacking area between pavement and gate. The Landmarks Preservation Commission will perform the design review portion of the application.  [The Landmarks Preservation Commission approved the project as presented.  Carried 7-0.]
i.ZON-22-030 (ARC-22-014) 143 SEMINOLE AVE (COMBO) – SPECIAL EXCEPTION W/ SITE PLAN REVIEW & VARIANCES The applicant, Lisa Pevaroff Cohn, has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review and Variances related to the renovation and addition to an existing non-conforming residence on a lot deficient in area for the zoning district. The Architectural Commission will perform design review of the application.  [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]
j.ZON-22-033 (ARC-22-001) 108 EL MIRASOL (COMBO)—VARIANCES The applicant, ANK Palm Beach LLC (Anand “Andy” Khubani, Managing Member), has filed an application requesting Town Council review and approval for a variance to allow a basement in a North side-yard setback for basement vehicular access in relation to the construction of a new single family residence. The Architectural Commission will perform design review of the application.    [Architectural Review Commission deferred the project to the March 23, 2022 meeting.  Carried 7-0.]  Staff Recommends a Deferral to the April 13, 2022 Meeting
k.ZON-22-034 (ARC-22-027) 127 EL BRAVO WAY (COMBO)—VARIANCES The applicant, 127 El Bravo Trust (Guy Rabideau, Trustee), has filed an application requesting Town Council review and approval for a variance to exceed the maximum building height allowed in relation to new construction of single family residence.  The Architectural Commission will perform design review of the application.   [Architectural Review Commission deferred the project to the February 23, 2022 meeting.  Carried 7-0.]  Deferral Request to the March 9, 2022 Meeting per Letter from David E. Klein, Esq.
XI.UPDATES

Update on the Building Recertification Program

XII.ANY OTHER MATTERS
XIII.ADJOURNMENT

PLEASE TAKE NOTE:

 

 Note 1:Please submit written comments/materials to council@townofpalmbeach.com or in person to the Town Clerk's Office, located at Town Hall, 360 South County Road. No written materials received after 3:30 p.m. on the Wednesday 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 Wednesday 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.