Delray Beach board delays decision on variance to put pools near Spanish Trail

The City of Delray Beach Board of Adjustment on Thursday, July 17, 2025, voted to postpone consideration of a variance that would reduce the front-yard setback from 25 feet to 10 feet so two private swimming pools can be constructed at 1916 and 1920 Spanish Trail. The board postponed the hearing after the applicant said it could not confirm delivery of mailed notices to nearby residents and neighbors raised safety and visibility concerns.

The developer’s land-use attorney, Ryan Abrams, presented the application on behalf of property owners Alex Lewis and his spouse, describing the units at the two addresses as duplex/townhome-style residences and saying the homeowners intend the pools for nearby elderly parents. Abrams said the pools would sit 10 feet from the property lines and that the design includes upgraded landscaping — a 7-foot planting strip, an estimated 13 new trees (the code requires five), hedges beginning at about 5 feet and a 4-foot fence — to buffer the properties from adjacent roads and reduce visual impact. The two lot sizes listed in the staff presentation are 4,791.6 square feet for 1916 Spanish Trail and 5,227 square feet for 1920 Spanish Trail.

Madison Brown, the city’s development permit manager, and staff described the legal basis for the request as a variance from the Land Development Regulations governing pool setbacks (LDR section 4.615 and the front-setback requirement in section 4.34(k)), noting pools generally may not encroach into a required front setback and are normally required to be 10 feet from rear and side property lines. For the proposed location the requested reduction would allow a pool edge 10 feet from the property line, producing what staff described as a 15-foot encroachment into the 25-foot front setback.

Two nearby residents spoke in opposition. A resident identified as Mr. Young of 1807 Spanish Trail said the intersection near the proposed pools is already dangerous and “People don't stop at the stop sign,” adding that “pools close to a road make no sense for this neighborhood.” Woody Madden, who said he lives at 962 Tropic Boulevard, told the board he walks the area frequently and that “not a single pool is visible from a road” in Tropic Isle, arguing the request would be out of character and could set an undesirable precedent.

Amy Alvarez of Development Services told the board that the city requires applicants to mail notice to property owners within a set radius and to provide an affidavit that the notices were mailed. Abrams said his office printed and mailed notices and submitted an affidavit; the firm used a third-party label-printing service and certified labels, but Abrams told the board that checks of tracking numbers showed no confirmation of delivery and he could not confirm that the mail was actually delivered. “We did send it out,” Abrams said, “we mailed them out. We sent an affidavit saying that we sent them out. We checked the US Postal Service, and they said they don't have confirmation of delivery for any of them.” Alvarez said staff checked the public correspondence and that she could not confirm delivery either: “The code does require that it be sent, and it was sent. As far as whether it was received, all I'm representing is that we check the tracking numbers in good faith and could not confirm delivery.”

Board members expressed concern that proceeding without confirmed notice could expose any decision to a legal challenge on due-process grounds. One board member said it would be “in everyone's best interest” to postpone rather than risk a later challenge. The board voted, by roll call, to postpone the matter; six members voted yes and one member (Tianna Morales) was absent. The chair and staff said the item will return as a new hearing and the record will not carry over; staff will work with the applicant on a new hearing date and re-noticing. The board mentioned August 7 as an available meeting date window depending on timing and the 10-day noticing requirement.

Discussion at the session also covered site-specific design points raised by the applicant: the applicant stated the swale and a 14-foot soil area exist between the property line and the edge of pavement on Spanish Trail and said the pool edge would be approximately 24 feet from the pavement edge when combining the swale and the proposed 10-foot pool setback. The applicant also emphasized space constraints created by existing paths and walkways and the need for room for seating and stormwater conveyance.

The board’s action was procedural: it postponed the quasi-judicial hearing to allow the applicant to confirm proper notice to abutters and for the city to ensure noticing requirements are satisfied. Staff advised neighbors that the city posts yellow placards at properties for variances and that residents with concerns can call the city prior to hearings if they see a placard but did not receive a mailer.

The item will be reheard as a new hearing once staff and the applicant re-notice the affected property owners and confirm the mailing list and tracking; staff said they will work with the applicant on timing and compliance with the city’s LDR notice requirements.