Historic cottage at 53 Palm Square granted variance to remain below FEMA elevation

The Delray Beach Historic Preservation Board on Feb. 4 approved a variance allowing a historic cottage at 53 Palm Square to remain at its existing finished‑floor elevation despite a FEMA requirement that would normally raise the floor to 9 feet.

The board’s vote follows a staff explanation that a contractor’s permit estimate pushed the project past FEMA’s “substantial improvement” threshold—meaning the building would normally have to be elevated—because the estimated cost of interior work exceeded 50% of the structure’s appraised value. The applicants told the board they feared lifting the house to 9 feet would damage the nearly 80‑year‑old structure and essentially require a rebuild.

Issa of KER Construction, the contractor on the project, told the board the planned addition is small—roughly a 90–99 square‑foot enclosure—and the house was at about 5 feet 3¾ inches now. “We’re worried that if we lift it to 9 feet, it’s gonna cause damage to the house,” Issa said, urging the board to allow the existing elevation to remain. Architect Shane Ames described the work as a modest rear addition and interior renovation that does not alter roof height or the building's exterior character.

Staff planner Katharina Palavoda explained that the project had received a certificate of appropriateness and variance approval on Feb. 7, 2024 for modest additions but that the building‑permit review later identified the interior remodel costs that triggered FEMA’s elevation requirement. Palavoda told the board FEMA provides an exemption process for historic properties but the city’s land‑development regulations require applicants to request a variance before this board so a record is made and the city can document any conditions, such as recording the variance with the county clerk and notifying the applicant about potential insurance premium increases.

Board members pressed staff on how the substantial‑improvement calculation was made; staff said the building department compares the contractor’s permit cost estimate against the structure value (not the land) reported by the property appraiser, and noted this can yield unexpected results on older properties whose appraised improvement value is low. The applicant reported the appraised improvement value at roughly $121,000–$150,000 and said contractor estimates for the interior work were substantially higher.

After discussion about mitigation options—materials, drainage/french‑drain approaches and insurance implications—a board member moved to approve the variance, finding the request consistent with the comprehensive plan and the applicable land‑development regulations. The board’s roll call in favor included six yes votes and one no; the motion carried. The staff report notes administrative next steps: the variance must be recorded with Palm Beach County, the city’s floodplain administrator issues a letter documenting elevation differences, and the typical 30‑day appeal period applies.

The board’s action preserves the existing finished‑floor elevation for the property but does not remove future federal or local flood risks; staff reminded the board and applicant that a recorded variance may increase federal flood‑insurance premiums for the property. The decision may be appealed according to the city’s appeal procedures.