Zoning board approves variances for 30-townhouse development on Nottingham Boulevard

The Zoning Board of Appeals of the City of West Palm Beach on Thursday granted five variances to allow construction of 30 fee‑simple townhouses on approximately 1.59 acres along Nottingham Boulevard, approving the applicant’s request 5-0.

The applicant, represented by attorney Harvey Oyer of Schutten Bowen, asked for variances from Section 94-309(g) of the city’s Zoning and Land Development Regulations to accommodate a new‑urbanist design with rear‑loaded garages and a one‑way internal private road. “We are before you this afternoon seeking approval of 5 variances,” Oyer said during the applicant’s presentation.

The variances address (1) lot area minimums for individual townhouse lots, (2) front setback for southern lots that face the park, (3) rear setbacks for northern lots facing Nottingham, (4) front yard landscape location, and (5) side setbacks for terminal (end) units. Staff recommended approval, finding the application met the criteria in Article 2, Section 94‑38(d)(6) of the ZLDRs, and the board imposed two conditions tied to the city’s informal site plan review and subdivision process.

Why it matters: the proposal converts an unusual assemblage of deep, 55‑foot lots into a new‑urbanist townhouse block with units facing Nottingham and Phipps Park, keeping garages and service areas on the interior. The project is in Multifamily Medium Density (MF‑20) zoning in Commission District 5 and is intended to provide ownership townhouse units rather than rental apartments.

Key facts and rationale - Site and project: the subject parcels total about 1.59 acres at Nottingham Boulevard adjacent to Phipps Park; the proposal is for 30 fee‑simple townhouses (three stories) with rear garages and shared internal common area. The applicant noted that a typical platted lot in the area is about 100 feet deep; these assembled lots are roughly 55 feet deep and created the dimensional conflict with the code. - Density and lot area: the code’s lot area minimum for townhouse lots is 1,800 sq ft; the applicant’s individual lot area was stated as about 1,440 sq ft, creating the need for the lot‑area variance despite the project remaining under the allowable MF‑20 density. The project’s overall landscaped/open space is shown in materials at about 26%, compared with a 15% requirement. - Setback and landscape variances: the requested front/rear setback variances stem from measuring “front” setbacks to the public or private right‑of‑way depending on frontage hierarchy; the internal private road flips what the code treats as front and rear for the south row of units that face the park. Terminal (end) units require 10‑foot side setbacks under the townhome standards; because units are fee‑simple, lot lines run at exterior walls and triggered the side‑setback variance even though the development provides substantially more separation on site.

Discussion highlights - Trees and construction impacts: board member Jonathan Burgess raised concerns about the existing large canopy trees on the adjacent city‑owned park land and asked for commitments to protect root zones during construction. Brian Cheges, the site planner, said, “We have always intended that the existing large trees on the city side would remain in place,” and described plans to use panelized wall footings and to involve an arborist for pruning and root‑zone protections. - Parking, access and services: the applicant and planner described a mix of private on‑site guest parking (eight spaces), accessible spaces, and improved on‑street parking. A secured call‑box and clicker access were described for the private internal road. Trash service will use two central dumpster locations on site with access provisions (e.g., Knox box) for collection; the applicant said collection would likely be through city service. - Precedents and design intent: the applicant cited nearby rear‑loaded townhouse examples in Abacoa, Magnolia Court and City Place to illustrate the character and market performance of the product type and to explain the design decision to hide garages and utilities from the public frontage.

Board action and conditions Board member Jonathan Burgess made the motion to grant ZBA Case No. 3445, finding the application and testimony constituted competent substantial evidence that the variance criteria in Section 94‑38(d)(6) were met. The motion was seconded by Board member Dana Picotte and passed 5‑0 (Emily Savage, Dana Picotte, Jonathan Burgess, Christopher Hagen and Alfred Fields voting yes; alternate Sherry Hack present).

The approval included two conditions: (1) the variance shall apply only to the lots specified in the staff report; and (2) the applicant must obtain approval of the informal site plan review and the major subdivision, and work with city staff through that process to mitigate impacts to adjacent city‑owned trees, including following arborist/ANSI standards during construction and future operations. Board discussion added that staff would work with the applicant to refine enforceable language for long‑term tree protection and mitigation.

Implementation and next steps The approval is conditional on subsequent approvals (informal site plan review and major subdivision). The board’s approval does not itself authorize building permits; the applicant must complete those administrative steps and any required construction‑phase arborist work prior to permits. The board recorded the vote at about 2:10 p.m. and adjourned the meeting at 2:17 p.m.

Quotes - “We are before you this afternoon seeking approval of 5 variances,” — Harvey Oyer, attorney for the applicant. - “We have always intended that the existing large trees on the city side would remain in place,” — Brian Cheges, site planner and landscape architect.

Ending With the board’s conditional approval, the project proceeds to the city’s site‑plan and subdivision review steps; staff will monitor compliance with the arborist and landscape conditions during those reviews. The ZBA had no additional cases on the Feb. 6 agenda and adjourned after the vote.