Delray restaurateur Curtis Perry pleads for faster city action, cites two‑year permitting delays

Curtis Perry, owner of Rockahoola at 270 East Atlantic Avenue, told the Downtown Development Authority on May 19 that protracted permitting and coordination delays have left his business unable to open and at risk of bankruptcy.

Perry described a two‑year permitting timeline that he said began with demolition and interior permits and then stalled on a series of zoning and “tac” comments related to an outdoor cooler, trash removal and outdoor seating. He said various planners suggested converting his submission type to enable an in‑lieu parking payment, then later asked him to re‑add items to the plan. “I knew I was going to have to pay for the parking spaces,” Perry told the board. “I want to pay the full rate. I just want to be able to pay. Can somebody let me pay? Please.”

Why it matters: Perry said the delays are not only financial but practical: the city has offered a temporary certificate of occupancy that allows employee training but, he said, not public service, which blocks state licensing for food service and liquor. That combination, he told the DDA, prevents him from staffing and opening at the start of the summer season and threatens jobs.

Perry detailed a sequence of problems: repeated rounds of zoning comments, a three‑party agreement to resolve trash removal only reached in late January 2025, a mechanical permit issued and a cooler installed that city staff later flagged as needing a parking determination, and scheduling rules that prevented his in‑lieu application from being processed in time for an earlier parking board or commission date. He said attempts to get a June 3 city commission slot were stalled by a parking management board schedule that required three weeks for review; he asked the DDA to press the city to shorten that to one week so his item could appear June 3 instead of June 17.

Perry also described personal losses from the delay. “I’ve lost over millions. I’ve lost over a million dollars. I’m about to go bankrupt right now,” he said, and asked the DDA for help coordinating with city staff. Board members and city liaisons offered to follow up. DDA Vice Chair Brian Rosen and board member Tom Marker committed to meet with the city manager and staff after the meeting; the board discussed sending a letter in support of expediting Perry’s review.

Discussion and clarifications: Perry said he had retained local contractors and legal counsel to prepare an in‑lieu application and that the project team believed the in‑lieu program was the intended vehicle for compliance. He told the board his building had previously supported outdoor seating and refrigeration equipment and that his project did not increase seating beyond previous counts. Some planners, he said, advised removing mechanical equipment from the site plan to secure a quicker Level‑2 approval and then submit the cooler and outdoor seating separately; later staff advised re‑adding those elements.

Board response and next steps: Board members expressed empathy and directed staff to help coordinate with city managers and parking authority staff. A DDA board member offered to join Perry and DDA staff in a meeting with the city manager and other department heads immediately after the DDA meeting to seek a faster calendar placement and clarity on conditions for a full public opening. The board also discussed drafting a letter to support expediting his review.

Ending: Perry’s account prompted the DDA to prioritize internal follow‑up: the board asked staff to seek a one‑week review window at the parking management advisory board if possible, to check the status of any conditional zoning (ZCU) holds tied to parking, and to help Perry secure the business tax receipt and state licenses needed to open to the public once city conditions are met.