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County considers waiver for Beach Sound condo project setback requirements

July 03, 2025 | Palm Beach County, Florida


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County considers waiver for Beach Sound condo project setback requirements
The Palm Beach County Zoning Commission convened on July 3, 2025, to discuss a significant waiver request concerning a property located on Beach Road. The meeting focused on the proposed modifications to zoning regulations that would affect the construction of a new building on the site.

The primary agenda item was a request for two waivers related to the property, which is zoned Residential High (RH) and spans 1.46 acres. The applicant sought to reduce the front setback requirement from 25 feet to 20 feet and to modify the additional setback requirements for structures exceeding 35 feet in height. Under the current code, a building taller than 35 feet must adhere to a stringent setback rule, requiring an additional foot of setback for every foot over that height. This would result in a substantial setback for a proposed 110-foot tall building, leading to a narrow and elongated structure.

However, recent changes to the Unified Land Development Code (ULDC) in July 2024 introduced a new waiver option that allows for a more lenient approach. The updated regulations stipulate that for buildings over 35 feet, the additional setback requirement would be one foot for every 7.5 feet of height over 35 feet. This adjustment aims to create a "wedding cake" effect, tapering the structure as it rises.

Wendy Hernandez, the Deputy Zoning Director, presented the county's position on the application, emphasizing that the proposed waivers align with the modified code and are specifically designed for properties adjacent to the beach. The area in question is characterized by limited pockets of RH zoning that directly abut the beach, making this waiver particularly relevant.

The commission concluded the presentation by inviting questions from members. A request for a visual representation of the current building on the site was made, but no images were available. Following the discussion, the commission was asked to recommend approval of the waivers to be forwarded to the Board of County Commissioners for final consideration.

In summary, the meeting highlighted the ongoing adjustments to zoning regulations in response to evolving construction needs and environmental considerations, particularly in coastal areas. The outcome of this waiver request will be pivotal in shaping future developments along Palm Beach County's shoreline.

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