Palm Beach County Zoning Commission denies Flamingo Terrace subdivision variance

The Palm Beach County Zoning Commission denied a subdivision variance request for the Flamingo Subdivision (SB 20241281) after residents raised safety and neighborhood‑character concerns and commissioners concluded the application failed to meet required variance standards.

The request would have allowed the owner to split a 1.98‑acre waterfront parcel on Flamingo Terrace into two roughly 1‑acre lots and to continue accessing the lots from the road’s existing substandard right‑of‑way rather than bringing the roadway up to the Unified Land Development Code standard. Staff had recommended approval subject to conditions, including replatting and sewer construction to serve each lot.

Jeannie, representative of Kotler and Herring and speaking for the applicant, said the owner, Gregory Lee D. Lang, decided to rebuild two one‑acre lots after a house on the property burned. Jeannie said the proposal keeps the site’s LR‑2 future land use and does not request zoning changes. She told the commission, “We did have a traffic study performed on this, and it is only generating 1 in and 1 out daily additional traffic trips.”

Scott Kantor, Palm Beach County director of land development, summarized staff analysis and the roadway history. Kantor said the county holds a 25‑foot deeded right‑of‑way for Flamingo Terrace dating to 1948, and that the county reconstructed the roadway in the 1990s using that existing right‑of‑way. He explained the technical variance sought: the code calls for a 40‑foot right‑of‑way with a 20‑foot pavement width and a sidewalk on one side; the applicant asked to keep a 20‑foot right‑of‑way with 18‑foot pavement, lacking the full sidewalk and gutter requirements. He also noted staff found the application met the seven criteria in Article 2 of the Palm Beach County Unified Land Development Code but recommended several conditions if approved, including configuring legal lots of record prior to building permits and providing sewer service to each lot.

Opposition from nearby homeowners was led by Dean Rosenbach, an attorney from North Palm Beach representing several property owners. Rosenbach described the neighborhood as an older, narrow street where additional driveways and trucks would increase safety and quality‑of‑life concerns. “This developer … knew what he was buying. He was buying a single family residence. Now he wants to convert it,” Rosenbach said, urging denial. Residents and the attorney cited limited pavement width, absence of sidewalks and gutters, on‑street lighting, and increased vehicle conflicts as central objections.

Commission discussion centered on roadway capacity, neighborhood character, traffic impacts, and precedent. Commissioners questioned whether approving a variance would invite similar applications for other waterfront parcels. Kantor clarified traffic metrics from the applicant’s study and from county standards: “Single‑family residential generates 10 daily trips per day,” and a new unit would add roughly one PM peak hour trip; the applicant’s calculation described the change as a net increase of “1 in and 1 out” for peak hour metrics but a larger increase in daily trips overall.

A motion to deny the subdivision variance was made by Commissioner Vinicore and seconded by Commissioner Kearns; commissioners cited failure to meet variance standards A and B and the constrained roadway as reasons for denial. A substitute motion to postpone to the next zoning commission meeting so the applicant could meet with residents failed. The commission then voted to deny the variance with prejudice; staff had recommended approval.

The commission’s action denies the applicant’s request to use the existing substandard right‑of‑way and to create two parcels under the variance standard cited by commissioners. The denial was recorded as a final action of the Zoning Commission. After the vote, the meeting continued with nonrelated zoning director remarks and recognition of departing commissioners.

Details extracted from the hearing record: the site is approximately 1.98 acres; the applicant proposes two ~1‑acre single‑family lots; the ULDC standard cited for access requires a 40‑foot right‑of‑way with 20‑foot pavement and a sidewalk on one side (the applicant proposed retaining a 20‑foot ROW and 18‑foot pavement); staff’s recommended conditions included replatting or a plat waiver and construction of sewer service to each new lot prior to issuance of building permits. The staff report referenced Article 11 and Article 2 of the Palm Beach County Unified Land Development Code.