Zoning commission recommends waiver allowing taller Beach Sound condo; residents urge denial over scale and setbacks

The Palm Beach County Zoning Commission on Thursday recommended approval of a type‑2 waiver that would allow a partial reduction of front and side setbacks for a proposed redevelopment of the Beach Sound property on Beach Road, a privately initiated application that seeks relief from newly adopted setback rules for taller oceanfront buildings.

Applicant Josh Long of Coulter presented the privately initiated waiver, noting it follows a text amendment the Board of County Commissioners adopted in July 2024 to create the new waiver process. Long said the proposal replaces an existing 12‑unit building with a modern, resilient condominium and that the number of units would not increase.

“We do agree with the zoning department's analysis of our application,” Wendy Hernandez, deputy zoning director, told the commission, adding staff had distributed the application to building, engineering, environmental and resiliency reviewers and recommended approval subject to conditions. Hernandez said the site is zoned RH, is 1.46 acres, and that the project proposes to maintain the existing count of 12 units.

The applicant described a building with six residential stories facing Beach Sound, a taller top architectural element and rooftop amenities that bring the structure’s maximum top to 110 feet 2 inches, while the top of the residential sixth floor is 92 feet 4 inches. The waiver seeks to reduce the required front setback from 25 feet to 20 feet and to apply the county's revised tapering setback requirement for structures over 35 feet.

More than a dozen residents and homeowners’ association representatives testified in opposition, raising concerns about scale, compatibility, shading of pool areas and noise and fumes from proposed mechanical systems and an underground garage. Seth Bain, representing the Carlisle Homeowners Association, argued the property is considerably smaller than neighboring parcels and said, “the reason that there's adequate spacing here is because what they're asking for is nothing,” adding that the proposed footprint would project beyond the existing public‑realm setback. Jonathan Chen, representing Ed and Karen Ratto, said a recent milestone inspection “found no indications of substantial structural conditions” and that the association had no plans for special assessments.

Claridge residents and managers said the proposed building would overshadow their pool deck in winter months and raised concerns about underground parking and construction impacts. Supporters also spoke: Michelle Sylvester, a Beach Sound resident, said the new building would use resilient construction and sustainable features and that neighbors to the south have already built larger redevelopments.

Applicant counsel Bill Perry of Gunster emphasized the waiver process was adopted by the Board of County Commissioners and that the code now provides a pathway for this type of redevelopment. Perry also said the Beach Sound condominium association had voted in favor of the application and that condo law allows an association to act on behalf of common property where the association has authorized an application.

Staff told commissioners they had received a mix of correspondence: 34 letters as of the previous Friday (28 opposing, 6 supporting) with the record updated to 37 letters (30 opposing, 7 supporting) by the night before the hearing; the applicant also handed the commission 15 additional letters of support at the meeting.

After public comment and rebuttal, the commission voted to recommend approval of item 7a (the waiver request). One commissioner registered an opposition; the record shows a motion and second were made and the waiver was recommended to the Board of County Commissioners for final action.

Staff noted that technical issues such as noise levels from mechanical equipment, underground parking systems, and construction vibration would be evaluated at the building‑permit stage and are subject to applicable code and permitting review.