Downtown Action Committee approves variances for Nora project gateway on North Railroad Avenue

The West Palm Beach Downtown Action Committee on May 14 approved three variances for the Nora development at the corner of Seventh Street and North Railroad Avenue, allowing reductions in required active frontage and storefront transparency and permitting a 10-foot exterior wall on Seventh Street under conditions requiring porous block and maintained landscaping.

The variances alter three downtown master plan standards that apply to primary pedestrian streets: a reduction in minimum active use along North Railroad Avenue, lower glazing/transparency on North Railroad Avenue and Seventh Street, and an exception to the 4-foot maximum fence/wall height on Seventh Street. Committee staff recommended approval with conditions; the committee voted to approve each variance individually by voice vote.

Applicant Joseph Fuerst said the project includes new construction added to an existing adaptive-reuse building and that tenant programing required some back-of-house space that could not be glazed, but that the design still delivers public-facing activity: “the design ethos of what this tenant is doing is creating a large outdoor patio,” he said, adding the outdoor program increases linear footage of active area along the west and south sides of the building. City senior urban designer Chris Kirmali told the committee that, by the Downtown Master Plan definition, “active use…is defined as an enclosed building area occupied by patrons or people with direct views to the right of way,” which is why the project’s covered outdoor dining does not fully count as active use even though it is publicly visible.

In discussion, staff and the applicant emphasized that the outdoor patio and courtyard would increase visible activity in the district despite measured deficits under the code’s definitions. Staff recommended two conditions if the variances were granted: keep perimeter landscaping at no more than 48 inches to preserve sight lines, and use a porous or perforated material — for example, breeze blocks — for the taller wall so it reads as a softened, partially transparent edge to the street.

The committee record shows these numerical measures were the basis for the variance requests. The North Railroad Avenue frontage is 137 feet 2 inches; the code requires 65% active use (89 feet, 5 inches). The applicant’s proposal illustrated 57.7 feet of active use (41.9%), a deficiency of 31.5 feet (23.1%). For transparency, the transcript record shows the required glazing along North Railroad Avenue was 445.8 square feet; the applicant showed 324 square feet (36.3%). On Seventh Street the requirement was 233 square feet; the proposal showed 90 square feet (19.3%), a deficiency of 143 square feet (30.7%). The fence standard limits freestanding walls to 4 feet on frontages; the applicant requested a 10-foot privacy wall backing an outdoor bar, a 6-foot increase.

There was no public comment on the item. Two committee members recused themselves from the case and the body proceeded with a quorum; the transcript notes the recusals but does not record their names in the hearing excerpt. After questions about material examples for the perforated wall, the committee approved each variance individually and applied the staff-recommended conditions requiring (1) perimeter landscaping limited to 48 inches in height and (2) a porous/perforated wall design (examples discussed included breeze block and stacked clay tiles).

Background presented at the hearing indicates the Nora district entitlements date to February 2022, when the main Nora amendments were adopted, and that the original site plan approval covered roughly 155,000 square feet; the current requests reflect tenant-driven adjustments to previously approved site plans. Staff noted the variance standards in Section 904‑38 D6 (as cited in the staff report) and recommended approval based on the record presented.

The committee closed the public hearing after no speakers signed up, and approved all three variance requests by voice vote. Staff and the applicant indicated they will coordinate final materials and details prior to permit review.