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Delray Beach board approves three setback variances for 1220 Crestwood Drive

2521917 · March 6, 2025
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Summary

The Board of Adjustment approved three variances for a single-family addition at 1220 Crestwood Drive, reducing the front setback from 35 to 20 feet and slightly reducing each side interior setback. The board found the lot's original platting and required right-of-way dedication supported the relief.

The City of Delray Beach Board of Adjustment on March 6 approved three variances allowing an addition at 1220 Crestwood Drive to extend the structure toward the street and to slightly reduce both side interior setbacks.

Nicholas Rittornado, an attorney with McMillan & Stanley PLC representing property owners Galen and Denise Docus, told the board the project would move the front of the existing single‑story house forward seven feet and keep the structure one story. “We kindly request that the board, tonight approves all 3 variance requests as proposed,” Rittornado said during his presentation.

The board voted unanimously to grant: a reduction of the minimum front setback from 35 feet to 20 feet; a west side interior setback reduction from 12 feet to 10 feet 2.6 inches; and an east side interior setback reduction from 12 feet to 10 feet 1 inch. Each variance was considered separately and passed on a roll call with the six present board members voting yes (Jesse Schlosser; Tianna Morales; John Delacchio; Brenda Cullinan; Mark Ronald; Richard Casor).

Staff planner Jennifer Bews said the lot is an original plat from the 1950s that measures about 8,700 square feet — well under the R-1 AAA district’s typical lot dimensions — and that the property will be further reduced in buildable area by an 8‑foot right‑of‑way dedication required for Crestwood Drive. Bews explained the city’s dedication practice: as properties develop or expand they are required to dedicate half the ultimate right of way so future infrastructure (for example sidewalks or utilities) can be constructed.

Rittornado and staff emphasized the variances would not increase existing nonconformities on the sides of the house and that lot configuration, not actions by the current owners, created the constraints. Rittornado said the requested front variance is “the minimum” needed given the required eight‑foot dedication and the seven‑foot forward extension proposed by the owners.

Board members asked about the right‑of‑way dedication process, whether the physical street would ever be widened to the ultimate 40‑foot right of way, and what happens to an approved variance if the house is later demolished. Staff clarified dedications are required as properties are developed, that the city can construct sidewalks or utilities on lands even before formal dedication is recorded, and that a variance applies to the existing structure or project; if a dwelling is demolished and rebuilt the prior variance does not automatically carry forward to a new project.

The board’s formal findings, read into the record, cited LDR section 2.411(a)(5) and concluded the lot’s special conditions and the required right‑of‑way dedication justified the minimum variances requested. The motions to approve each variance recited the corresponding LDR citations and were seconded by board members before the roll calls.

Votes at a glance - Front setback reduction (35 ft to 20 ft): APPROVED, roll call yes = Jesse Schlosser; Tianna Morales; John Delacchio; Brenda Cullinan; Mark Ronald; Richard Casor. - West side interior setback (12 ft to 10 ft 2.6 in): APPROVED, roll call yes = Jesse Schlosser; Tianna Morales; John Delacchio; Brenda Cullinan; Mark Ronald; Richard Casor. - East side interior setback (12 ft to 10 ft 1 in): APPROVED, roll call yes = Jesse Schlosser; Tianna Morales; John Delacchio; Brenda Cullinan; Mark Ronald; Richard Casor.

Why it matters: The board framed the approvals around the lot’s original platting and the city’s required right‑of‑way dedication, concluding the limited reductions are consistent with the neighborhood’s mix of original and newer homes and will let the owners keep a one‑story design rather than adding a second floor.

The board moved on to other agenda items after the three approvals.