Delray Beach Board of Adjustment denies variance to shrink pool setback after right-of-way dispute

Delray Beach Board of Adjustment members voted unanimously on May 1, 2025, to deny a variance that would have reduced the rear-yard setback for a proposed swimming pool at 612 Southeast Third Avenue from the 10 feet required by the city land development regulations to 8 feet.

The decision came after a quasi-judicial hearing in which the applicant’s representatives said the variance was necessary because the city is requesting a 2-foot right-of-way dedication for a future alley widening. Michael Weiner, attorney for the applicant, argued the dedication created the special circumstance that compelled relief: "the city wants to fulfill their comprehensive plan aspirations by trading a permit for a house, a right that was established a hundred years ago, and being able to be on its way to expanding that alley." Chuck Calberg, the local builder representing the owner, said the variance was needed so the homeowner could build a standard-size pool after the city’s requested dedication.

Board members and staff framed the issue as a narrow variance review under the Delray Beach land development code. The staff report and board discussion focused on whether the application met…