Code Review Update

TIME CERTAIN - 10:00 A.M.

ZON-22-021 (ARC-22-022) 160 SEAVIEW AVE (COMBO) – VARIANCES The applicant, Coral Beach Corporation (Angela Feldman, President) and Seaview Holdings, Inc. (David Feldman, Director), has filed an application requesting Town Council review for variances to exceed the point of measurement elevation higher than allowed to be measured from and to reduce the required street side yard setback for a new guest house on combined parcels at 160 and 170 Seaview Avenue. ARCOM will perform design review of the application.  [The Architectural Review Commission deferred the project to their March 29, 2023, meeting.]   [This project shall be deferred to the April 4, 2023, Town Council meeting pending review by the Architectural Review Commission.]

ZON-22-088 (ARC-22-126) 240 OLEANDER AVE (COMBO) – VARIANCES The applicant, PTMJM Florida Investment Properties, LLC (Patricia Lambrecht), has filed an application requesting Town Council review and approval for variances (1) for development on a lot which is deficient in minimum lot area and (2) deficient in lot depth in the RC zoning district and (3) to exceed the maximum allowed lot coverage, in conjunction with the construction of a new two-story single-family residence. The Architectural Commission will perform design review of the application. [The Architectural Review Commission deferred the project to their March 29, 2023, meeting.] [This project shall be deferred to the April 4, 2023, Town Council meeting pending review by the Architectural Review Commission.]

ZON-22-122 (HSB-22-011) 141 AUSTRALIAN AVE (COMBO)—VARIANCES. The applicant, Gregory James Pamel, has filed an application requesting Town Council review and approval for Variances to (1) reduce the required side (east) yard setback, (2) to reduce the required rear (north) yard setback, (3) to exceed the overall building height for an accessory structure, and (4) to exceed the maximum Cubic Content Ratio (CCR), and (5) to allow a two story accessory structure where only one story is permitted, for the demolition and reconstruction of a two-story accessory structure in the rear yard in conjunction with the proposed renovations to an existing Historically Significant two-story building. The Landmarks Preservation Commission will perform design review of the application. [This project shall be deferred to the April 4, 2023, Town Council meeting pending review by the Landmarks Preservation Commission.]

ZON-22-129 (ARC-22-187) 441 AUSTRALIAN AVE (COMBO)—VARIANCES The applicant, John and Ginny Collett, has filed an application requesting town council review and approval for development of a new two-story single-family structure, requiring variances for (1) developing a lot deficient in area in the RC zoning district, (2) developing a lot deficient in width in the RC zoning district, and (3) to reduce the required front yard landscaped open space, in conjunction with the construction of a new two-story residence. The Architectural Commission will perform design review of the application. [The Architectural Review Commission Recommended: Implementation of the proposed variances will not cause negative architectural impact to the subject property. Carried 6-1.][The Architectural Review Commission approved this project at their February 22, 2023, meeting with the landscaping design to return for further review. Carried 5-2.] 

ZON-22-140 (ARC-22-216) 248 COLONIAL LN (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE. The applicant, 306 Livingston Street Holdings I, LLC (Matthew Mirones), has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for development of a lot which is deficient in lot depth and lot area in the R-B zoning district and for variances (1) to eliminate the two-car garage enclosure requirement, (2) to locate a generator in a setback which is higher than allowed from neighboring grade and (3) to not completely screen a generator with a masonry wall, in conjunction with the construction of a new two-story residence. The Architectural Review Commission will perform design review of the application.   [The Architectural Review Commission deferred the project to their March 29, 2023, meeting.]   [This project shall be deferred to the April 4, 2023, Town Council meeting pending review by the Architectural Review Commission.]

ZON-23-002 (ARC-22-241) 624 ISLAND DR (COMBO)—VARIANCES The applicant, Holly Ann Bartlett, as Trustee of the 1220 South Ocean Boulevard Trust dated May 23, 2013, has filed an application requesting Town Council review and approval Variances (1) to exceed the maximum amount of lot coverage and (2) to exceed the maximum amount of Cubic Content Ratio (CCR) in the R-B zoning district in conjunction with the enclosure of an existing open-air courtyard of a two-story residence with a new skylight. The Architectural Commission will perform design review of the application. [Town Council remanded this project back to the Architectural Review Commission for additional review.] [This project shall be deferred to the April 4, 2023, meeting pending review by the Architectural Review Commission at the March 29, 2023, meeting.] 

ZON-23-004 (ARC-22-244) 422 AUSTRALIAN AVE (COMBO)—VARIANCES. The applicant, 422 Development Group LLC, has filed an application requesting Town Council review and approval for variances (1) for development on a lot which is deficient in minimum lot area and (2) deficient in lot depth in the RC zoning district and (3) for an equipment screening wall exceeding maximum allowed height, in conjunction with the construction of a new two-story residence. The Architectural Commission will perform design review of the application. [The Architectural Review Commission Recommended: Implementation of the proposed variances will not cause negative architectural impact to the subject property. Carried 7-0.][The Architectural Commission approved this project at their February 22, 2023, meeting with additional components to return for further review. Carried 7-0.] 

ZON-23-012 (ARC-22-212) 246 EVERGLADE AVE (COMBO) — VARIANCES The applicant, 246 Everglade LLC, has filed an application requesting town council review and approval for site modifications including variances for (1) reduced landscape open space (2) for reduced air conditioning equipment setbacks and (3) for reduced pool equipment setbacks. The Architectural Commission will perform design review of the application. [Architectural Review Commission Recommendations: Implementation of proposed variance will not cause a negative architectural impact to the subject property. Carried 5-2] [ The Architectural Review Commission approved this project without the proposed gate at the January 25, 2023, meeting. Carried 5-2] 

ZON-23-013 (ARC-22-231) 7 LA COSTA WAY (COMBO) —SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES The applicant, La Costa Way Trust (Cooper Andrew TR), has filed an application requesting Town Council review and approval variances (1) for a reduced 2nd story street rear-yard setback for a new second story roof top terrace, (2) a variance to provide deficient landscape open space, and (3) a variance to exceed 2-story lot coverage maximum, all as part of a renovation to an existing nonconforming one-story residence. The Architectural Commission will perform design review of the application. [The Architectural Review Commission Recommended: Implementation of the proposed variances will not cause negative architectural impact to the subject property. Carried 7-0.][The Architectural Review Commission approved this project at their February 22, 2023, meeting. Carried 7-0.] [This project shall be deferred to the April 4, 2023, Town Council meeting pending an appeal.] 

ZON-23-014 (ARC-22-243) 302 SEABREEZE AVE (COMBO) — SITE PLAN REVIEW AND VARIANCE The applicant, Sean Rooney, has filed an application requesting town council review and approval for development of a new two-story single-family structure on a parcel, comprised of platted lots, which is deficient in lot width and lot area in the R-B zoning district requiring Site Plan Review, and a variance to provide one garage parking spot in lieu of the two required. The Architectural Commission will perform design review of the application. [The Architectural Review Commission deferred the project to their March 29, 2023, meeting.]   [This project shall be deferred to the April 4, 2023, Town Council meeting pending review by the Architectural Review Commission.] 

ZON-23-016 86 MIDDLE ROAD—SPECIAL EXCEPTION AND SITE PLAN REVIEW. The applicant, Middle Road Holdings Trust (Guy Rabideau), has filed an application requesting Town Council review and approval for a Special Exception and Site Plan approval to permit a reduction in the required setback for the proposed gate and gatepost for a property located on a cul-de-sac. [The Town Council deferred this project to the March 15, 2023, meeting to allow  for neighbors to reach a compromise.]

ZON-23-017 (COA-23-001) 1100 S OCEAN BLVD—MAR A LAGO (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW. The applicant, Mar A Lago Inc., has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for modifications to a private club Special Exception Use including the construction of a new one-story approximately 250 SF guardhouse guardhouse to an existing Landmarked structure. The Landmarks Preservation Commission will perform the design review. [The Landmarks Preservation Commission Recommendation: Implementation of the proposed variances will not cause negative architectural impact to the subject property. Carried 7-0.] [The Landmarks Preservation Commission approved the design with a revised landscape plan to have further review by the National Trust and return to the Commission. Carried 7-0.]

ZON-23-019 (COA-23-002) 363 COCOANUT ROW—THE VINETA HOTEL (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES The applicant, 363 Cocoanut Row Popco LLC, has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for the interior and exterior renovation to an existing Landmarked four-story hotel structure for (1) For modifying the existing four-story hotel use including a reduction of rooms from 57 keys to 41 in the R-C district and (2) For outdoor café seating use. Additionally, the applicant is seeking review and approval for Variances (1) to modify and increase a nonconforming hotel use and accessory restaurant uses in the R-C district under Sec. 134-201(a)(6) of the Town Zoning Code, (2) to exceed the maximum overall building height in order to construct rooftop projections (stair and elevator bulkheads), (3) to exceed the maximum overall building height in order to construct rooftop projections (third floor trellis), (4) to exceed the maximum height of rooftop mechanical equipment for air conditioners and (5) commercial kitchen exhaust scrubber on a rooftop, in conjunction with the renovation of an existing Landmarked four-story hotel and accessory restaurant uses. The Landmarks Preservation Commission will perform the design review.  [Landmarks Preservation Commission Recommendation:  Implementation of the proposed variances will not cause negative architectural impact to the landmarked property.  Carried 7-0.]  [Landmarks Preservation Commission approved the project with the lighting to return to the March 22, 2023, meeting. Carried 7-0.] [Town Council deferred the matter to the March 15, 2023, meeting.]

 TIME CERTAIN 2:00 PM

ZON-23-025 (COA-22-055) 210 VIA DEL MAR (COMBO) – SPECIAL EXCEPTION WITH SITE PLAN REVIEW The applicant, BEACHBOYZ DEVELOPMENT LLC., has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for reduced vehicular gate setbacks on a cul-de-sac street. The Landmarks Preservation Commission will perform the design review for modifications to the existing Landmarked residence and grounds. [The Landmarks Preservation Commission deferred this project to the March 22, 2023, meeting.] This project shall be deferred to the April 4, 2023, Town Council meeting pending review by the Landmarks Preservation Commission.

ZON-23-027 (ARC-23-012) 206 CARIBBEAN RD (COMBO)—SITE PLAN REVIEW. The applicant, 206 Caribbean LLC (Robert Frisbie, has filed an application requesting site plan review from the Town Council for construction of a new two-story single-family on an existing lot that is deficient in minimum required lot width and lot area in the R-B zoning district. The Architectural Commission shall perform design review of the application.  [The Architectural Review Commission deferred the project to their March 29, 2023, meeting.]   [This project shall be deferred to the April 4, 2023, Town Council meeting pending review by the Architectural Review Commission.]

ZON-23-028 (ARC-23-013) 177 CLARKE AVE. (COMBO)—VARIANCES. The applicants, James Coleman Baker and Veronica Chen Baker, have filed an application requesting Town Council review and approval of variances including (1) Cubic Content Ratio, (2-4) to vest existing rear and side setback encroachments due to the demolition of more than 50% of the building, and (5) to allow a two-story accessory structure in support of the construction of a new two-story residence, alterations to an existing garage structure and landscape and hardscape improvements. The Architectural commission will review the design review component of the application.  [The Architectural Review Commission deferred the project to their March 29, 2023, meeting.]   [This project shall be deferred to the April 4, 2023, Town Council meeting pending review by the Architectural Review Commission.]

ZON-22-032 (HSB-23-003) 594 N COUNTY RD (COMBO)—VARIANCES The applicant, George Marucci, has filed an application requesting Town Council review and approval for variances (1 and 2) to reduce both side yard setback requirements for two, one-story additions to a historically significant one-story building. The Landmarks Preservation Commission will perform the design review. [The Landmarks Preservation Commission deferred this project to the March 22, 2023, meeting.] This project shall be deferred to the April 4, 2023, Town Council meeting pending review by the Landmarks Preservation Commission.

ZON-22-079 (COA-22-028) 284 MONTEREY RD (COMBO) – SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES. The applicant, DHC MONTEREY LLC, has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review to allow additions to an existing Landmarked structure which results in demolition of more than 50% of the cubic volume on portions of platted non- conforming lots in the R-B Zoning District, including variances from the (1) side (east) and (2) street side (west) setback requirements, and (3) a variance from the angle of vision requirements. The Landmarks Preservation Commission approved the project at the July 20, 2022 meeting. Carried 7-0. The Town Council originally reviewed and approved the project at the August 10, 2022 meeting. Carried 7-0. [This is a rehearing of a Town Council application, .] [The applicant has withdrawn this application as of 03.03.23.] 

ZON-23-005 (HSB-22-017) 128 SEABREEZE AVE (COMBO) – SITE PLAN REVIEW AND VARIANCES. The applicant, Jennifer Palumbo and Keith Palumbo, as Trustees of the Keith R. Palumbo 2007 Trust u/a/d August 10, 2007, have filed an application requesting Town Council review and approval for the rehabilitation of the primary residence and reconstruction of the detached two-story accessory structure with site wide landscape and hardscape improvements, including Variances for (1) Cubic Content Ratio, (2) increased lot coverage, (3) decreased landscaped open space, (4) the construction of a two-story accessory structure, and (5-9) to vest non-confirming building setbacks, requiring Special Exception with Site Plan Review due to the demolition of more than 50% of the two Historically Significant structures. The Landmarks Preservation Commission will perform the design review component of the application. [The Landmarks Preservation Commission deferred this project to the March 22, 2023, meeting.] This project shall be deferred to the April 4, 2023, Town Council meeting pending review by the Landmarks Preservation Commission.

ZON-23-029 (ARC-23-014) 325 VIA LINDA (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW. The applicant, Three Palm Trees, LLC, has filed an application requesting Town Council review and approval for a Special Exception and Site Plan Approval to permit a reduction in the required setback for the proposed driveway gate and gateposts. The Architectural Commission will perform design review of the application. [The Architectural Review Commission deferred the project to their March 29, 2023, meeting.] [This project shall be deferred to the April 4, 2023, Town Council meeting pending review by the Architectural Review Commission.]

ZON-23-031 140 N COUNTY ROAD – MODIFICATION TO THE SPECIAL EXCEPTION WITH SITE PLAN REVIEW. The applicant, Bank of America, N.A. (Mary J. Walter, Esq.) has filed an application requesting a modification to the Special Exception with Site Plan approval to remove the requirement for annual reporting of Town Serving data as evidence to demonstrate to the satisfaction of the town council that the special exception use is continuing to be town-serving.

ZON-23-032 (ARC-23-022) 125 WORTH AVE (COMBO)–SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES. The applicant, 125 Worth Partners LLC, has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for the substantial demolition exceeding 50% exterior building elevations for the renovation and expansion of the existing four story nonconforming commercial building (with underground parking) including multi-story additions and façade alterations proposing in accordance with the Worth Avenue Design Guidelines and a Special Exception to permit retail and office uses greater than 4,000 SF gross leasable area in the C-WA district. Additionally, the applicant is seeking review and approval for Variances (1) to reduce the required parking; (2) to modify and expand nonconforming four-story building; (3) to exceed the maximum overall building height in order to construct a new rooftop and rooftop projections; (4) to exceed the maximum allowable lot coverage for the fourth level; (5) to reduce the required front yard setback, (6) to eliminate the requirement for an on-site loading space, (7) to retain and increase the existing nonconforming lot coverage for the first, second and third levels; (8) to retain the existing nonconforming building length; (9) to retain the existing nonconforming landscape open space; and (10) to further increase the existing nonconforming floor area due in association with the voluntary demolition of portions of the nonconforming building exceeding 50% of exterior wall square footage, in conjunction with the renovation of an existing four-story office and retail building. [The Architectural Review Commission has moved this project forward to the Town Council for zoning review prior to the architectural design review at their February 22, 2023, meeting.]

TIME CERTAIN 11:00 AM

ZON-23-033 (ARC-23-024) 1540 S. OCEAN BLVD AND 114 OCEAN VIEW RD (COMBO)—VARIANCES. The applicant, 1540 S Ocean LLC (Steven Kirsch, Managing Director) has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for the construction of a new plunge pool, deck, and landscaping for an existing 136 square foot beach cabana at 1540 S Ocean Blvd and 114 Ocean View Road and for a variance (1) to the minimum frontage and variance (2) to the established ocean bulkhead line setback. The Architectural Commission will perform design review of the application. [The Architectural Review Commission deferred the project to their March 29, 2023, meeting.] [This project shall be deferred to the April 4, 2023, Town Council meeting pending review by the Architectural Review Commission.]

ZON-23-036 (ARC-23-019) 247 SEASPRAY AVE (COMBO)—VARIANCES. The applicant, Alicia Grace (ALICIA GRACE TR TITL HLDR), has filed an application requesting Town Council review and approval for (5) variances required to construct a second floor addition on an existing detached single story accessory structure, including variances (1-2) to vest existing non-conforming first story side and rear setbacks due to the demolition of more than 50% of the structure, (3-4) variances to permit the construction of a second story with reduced side and rear setbacks, and (5) to construct a two-story accessory structure within the R-B zoning district on a parcel under 20,000 SF. The Architectural Commission will perform design review component of the project. [The Architectural Review Commission Recommended: Implementation of the proposed variances will not cause negative architectural impact to the subject property. Carried 7-0.][The Architectural Commission approved this project at their February 22, 2023, meeting with additional components to return for further review. Carried 7-0.] 

ZON-23-037 537 ISLAND DR—VARIANCE. The applicant, John Rakolta, Jr. and Terry Lynn Rakolta, have filed an application requesting Town Council review and approval for a variance to construct a boat lift further than 6 ft west of the US Pierhead line.

Native Landscaping Regulations

ORDINANCE NO. 003-2023: An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances, Chapter 66, Natural Resource Protection, Article I, In General, By Amending Two Definitions; Amending Article IV, Vegetation, Division 1, Generally, At Sections 66-212, Purpose And Intent, Subsection (6), And 66-213; Applicability; Amending Article IV, Vegetation, Division 3, Plans, At Sections 66-261, Plans Required, And 66-285, General, Subsection (1); Providing For Severability; Providing For The Repeal Of Ordinances In Conflict; Providing For Codification; And Providing An Effective Date.