CITY OF WEST PALM BEACH ZONING BOARD OF APPEALS

Transcription

1 CITY OF WEST PALM BEACH ZONING BOARD OF APPEALS Meeting Date: November 2, 2017 Zoning Board of Appeals Case No Dr. Alice Moore Apartments Variances Location Aerial I. REQUEST Site is outlined in Red. A request by David J. Coviello, Esq., of Shutts & Bowen, LLP, on behalf of The Jerome Golden Center for Behavioral Health, Inc., for three (3) variances from the Zoning and Land Development Regulations (ZLDRs), to allow for the redevelopment of the subject property with a new multifamily (affordable) housing project within the Currie Mixed Use District Edge Sub-district. The requested variances from the ZLDRs are as follows: 1.) A variance from Section (2.)(j)(1)(m), which requires the minimum dwelling unit size in a multifamily residential building to be no less than 550 square feet per unit and the cumulative average of all dwellings to be a minimum of no less than 800 square feet, to allow a minimum dwelling size of 502 square feet per unit and a minimum cumulative average of 609 square for all dwelling units. 2.) A variance from Section (h)(2), Table VII-6, which requires a minimum building frontage of 80 percent (74.14 feet) on a Primary A Street (Poinsettia Avenue), to allow for a minimum building frontage of 66.2 percent (61.33 feet). ZBA 3356 Dr. Alice Moore Apartments Variances Page 1 of 31

2 3.) A variance from Section (h)(2), Table VII-6, which requires a minimum building frontage of 80 percent ( feet) on a Secondary A Street (27 th Street), to allow for a minimum building frontage of percent ( feet). The approximately 0.71 acre site is located at the northeast corner of Poinsettia Avenue and 27 th Street, within Commission District No. 1 Commissioner Sylvia Moffett. II. RECOMMENDATION APPROVAL Based on the finding that the petition meets all ten (10) of the Variances Standards found in Section 94-38(d)(6) of the Zoning and Land Development Regulations (ZLDRs), as detailed in EXHIBIT A of this report. III. LAND USE AND ZONING The subject property currently has the following Future Land Use (FLU) and zoning designations: Existing Future Land Use (FLU) Designations Mixed Use (MU) Existing Zoning Designations Currie Mixed Use District (CMUD) Edge Subdistrict Adjacent FLU designations, zoning designations and existing uses are as follows: Adjacent Future Land Use (FLU) Designations Adjacent Zoning Designations Existing Uses North: Single Family (SF) Single Family Low Density (SF7) Residential Place of Worship (Temple Bethel) South: Mixed Use (MU) Currie Mixed Use District (CMUD) Edge and Transition Sub-district Multifamily Apartment Building and Vacant Land East: Mixed Use (MU) Currie Mixed Use District (CMUD) Edge Sub-District Place of Worship (Palm Beach Moravian Church) West: Mixed Use (MU) Currie Mixed Use District (CMUD) Edge Sub-District Poinsettia Avenue and Single Family Residences on the west side of Poinsettia Avenue) IV. BACKGROUND AND ANALYSIS Located in the City s Currie Mixed Use District (CMUD), at the northeast corner of Poinsettia Avenue and 27 th Street, the subject property is a long and narrow parcel comprised of 0.71 acres and consists of an existing single-story, multifamily apartment building with seventeen (17) residential units. According to the Property Appraiser s records, the units were built in the 1940s. ZBA 3356 Dr. Alice Moore Apartments Variances Page 2 of 31

3 The survey of the property is provided in EXHIBIT B and site photographs are provided in EXHIBIT C. The subject property is currently owned by The Jerome Golden Center for Behavioral Health, Inc. The applicant, Dr. Alice Moore Apartments, LLLP, who is an affiliate of Carrfour Supportive Housing, has a long-term lease agreement with The Jerome Golden Center for Behavioral Health, Inc., to develop an affordable housing project on the subject property. Since 1993 Carrfour, in collaboration with various non-profit organizations and for-profit developers, has been one of the leading providers of supportive housing in Florida, assembling over $200 million of financing, tax credits and subsidies to develop and manage thousands of affordable housing units across Miami- Dade County. Over the last several months, the applicant has been working with the City s Housing and Community Development (HCD) Department to secure the necessary tax credits to proceed with the affordable housing project. The proposed project would be the first affordable housing project for Carrfour in Palm Beach County. According to the Justification Statement (EXHIBIT D), it is the applicant s intent to demolish the existing apartment building and to redevelop the site with a new four-story multifamily building complex with a total of thirty-six (36) units. All tenants leasing the units within the project would need to qualify under the affordable housing income guidelines. Additionally, a percentage of the units would also be set aside for those with special needs or disabling conditions. It is important to note that the proposed use of the property is multifamily residential, which is a permitted use by right in the CMUD Edge Sub-district, and that the proposed units are intended to provide permanent, fully independent housing to tenants. Based on the information and plans provided by the applicant, the proposed building would provide a number of resources and amenities to its residents, including: a library, gym, community room, lobby area, reception area, conference room, laundry room and mailroom. The use would also offer concierge services to refer its residents to off-site services. Outdoor community green space has also been designed into the project. According to the site plan, the proposed project will provide a total of 35 parking spaces (30 spaces on-site and five (5) on-street parking spaces), which meets the minimum parking requirement for the use per the ZLDRs. A rendering of the proposed project is provided in EXHIBIT E, the proposed site plan is provided in EXHIBIT F, and building elevations and floor plans are provided in EXHIBITS G and H. In order to redevelop the subject property with the design plans submitted to Staff, the applicant is seeking variances from the recently adopted 2014 CMUD rewrite of the ZLDRs (Ordinance No ). The new CMUD regulations, which is intended to address building height, building placement, building use, public open spaces, and street and pedestrian connectivity was rewritten to stimulate redevelopment within the Currie Mixed Use District. The proposed project is the first development project to be submitted under the new CMUD regulations. Initially, the application for the variances was scheduled for the October 5, 2017 Zoning Board of Appeals (ZBA) meeting; however, the applicant had requested a continuance to the November 2, 2017 ZBA meeting in order to work with Staff to bring the building closer into compliance with the standards of the CMUD regulations. The variance requests are summarized and analyzed in the next section below. ZBA 3356 Dr. Alice Moore Apartments Variances Page 3 of 31

4 Variance Requests Variance Request #1: Dwelling Unit Size and Cumulative Average of all Dwelling Units. Pursuant to Section (2.)(j)(1)(m) of the ZLDRs, the dwelling units within a multifamily residential building shall be a minimum of 550 square feet per unit and the cumulative average of all dwelling units shall be no less than 800 square feet. The applicant is requesting a 48 square foot variance from the minimum dwelling unit size requirement of 550 square feet (minimum dwelling unit size provided is 502 square feet), and a 191 square foot variance from the cumulative average requirement for all dwelling units (the cumulative average of all dwelling units provided is 609 square feet). The variance request is summarized below: Code Section Minimum Required Proposed Variance Requested Sec (2.)(j)(1)(m) 550 sq. ft. (per dwelling unit) 800 sq. ft. (cumulative average) 502 sq. ft. 48 sq. ft. 609 sq. ft. 191 sq. ft. The purpose of establishing minimum unit size standards in the new CMUD regulations is to ensure adequate livable square footage within a multifamily residential building. The required 550 square feet per dwelling unit and the 800 square feet cumulative dwelling unit requirement are considered the City s conventional standards for dwelling unit size. It is important to emphasize that the proposal is for an affordable housing project with the units designed for single occupancy. Affordable units are typically characterized by smaller dwelling unit sizes than the standard convention because smaller units are considered more affordable to rent. In order to meet today s market demand for this type of housing product, a slight relief from the average and cumulative dwelling unit size is needed. According to the data provided in the plans, the proposed multifamily building will consist of studio and one bedroom apartments ranging in unit size. The plan shows that there are a total of 12 studio apartments and 24 one bedroom apartments. The unit size calculations for all 36 units are as follows: Unit Type Number of Units Size of Unit Studio 0A 6 units 502 sq. ft. Studio 0B 3 units 510 sq. ft. Studio 0C 3 units 506 sq. ft. 1 BR Type 1A 12 units 641 sq. ft. 1 BR Type 1B 3 units 645 sq. ft. 1 BR Type 1C 3 units 642 sq. ft. 1 BR Type 1D 3 units 652 sq. ft. 1 BR Type 1E 3 units 788 sq. ft. TOTAL: 36 units As can be seen in the Table above, only 33 percent (12 out of the 36 units) of the proposed dwelling units fall below the minimum dwelling unit size requirement of 550 square feet. These units are ZBA 3356 Dr. Alice Moore Apartments Variances Page 4 of 31

5 the 12 studio apartments, which range in dwelling unit size from 502 square feet to 510 square feet. The applicant is seeking a maximum variance of 48 square feet for the studio apartments, which Staff believes is an insignificant request from the average dwelling unit size requirement. Since the variance to the minimum dwelling unit size is critical to meet the market demand for this particular housing product, Staff has no issues with supporting the variance request from the minimum dwelling unit size. The applicant is also seeking a 191 square foot variance from the required cumulative average of 800 square feet for all dwelling units. According to the data table above, all of the proposed units are smaller than 800 square feet. The cumulative average for all dwelling units in the proposed project is 609 square feet. Staff recognizes that this is an affordable housing project and affordable units must be built smaller than the conventional dwelling unit size in order to meet the market demand for this particular housing product. It is also important to note that the majority of the proposed units (67 percent) have met the minimum dwelling unit size requirement per the ZLDRs. Therefore, it is in Staff s opinion that the variance of 191 square feet from the required cumulative average is insignificant and that Staff has no issues with supporting the variance from the cumulative average requirement. Variance Request #2: Minimum Building Frontage on Poinsettia Avenue. Pursuant to Section (h)(2), Table VII-6 of the ZLDRs, a building frontage of 80 percent (73.7 feet) is required along Poinsettia Avenue (Primary A Street). The applicant is proposing a minimum building frontage of 66.2 percent (61.33 feet) and is requesting a 17.3 percent variance (12.81 feet) from the minimum building frontage requirement. The request is needed in order to accommodate an egress drive aisle for emergency and sanitation service vehicles on Poinsettia Avenue, the required five (5) foot wide landscape buffer along the north property line, and the required 10 foot building setback along 27 th Street. The variance request is summarized below. Code Section Required Building Frontage Proposed Building Frontage Variance Requested Sec (h)(2), Table VII-6 80% (74.14 ft.) 66.2% (61.33 ft.) 17.3% (12.81 ft.) According to Section (2.)(a) of the ZLDRs, Building Frontage is defined as the percentage of a building façade that is generally parallel, facing, or orientated towards a street and that lies within the minimum and maximum setback area allowed and shall include a principal building and active use. This definition of building frontage specifically applies to the CMUD. It should be noted that the definition also does not mention or provide any provisions in the ZLDRs for the allowances of necessary drive aisles for site circulation, required building setbacks and/or landscape requirements, which has created a hardship for the applicant to redevelop the property in accordance with the requirements of the ZLDRs. As noted in the table above, the required building frontage along Poinsettia Avenue is feet, which is 80 percent of the overall width of the lot. In order to meet the five (5) foot wide landscape buffer requirement and to provide a necessary egress drive aisle for emergency and service vehicles (minimum of 15 feet is required), 20 feet of lot frontage along Poinsettia Avenue must be subtracted from the overall lot width of feet; the difference is feet. The calculation shows that the applicant s ability to comply with the building frontage requirement is not possible. ZBA 3356 Dr. Alice Moore Apartments Variances Page 5 of 31

6 The building frontage requirement is further reduced by the placement of the building on site in order to meet the 10 foot wide building setback along 27 th Street. The site plan below illustrates the hardship with meeting the building frontage requirement along Poinsettia Avenue. Staff recognizes that the CMUD definition of Building Frontage presents a conflict with the requirements of the ZLDRs and that the definition will need to be clarified by Staff. Additionally, the lot is long and narrow, which does not allow the applicant much design flexibility. Staff believes that the applicant has demonstrated that there is a hardship with meeting the minimum code requirements and designing a functional site. Staff also believes that the 17.3 percent (12.81 feet) is the minimum variance request necessary to accommodate the project design. Therefore, Staff has no objection to the variance request. Variance Request #3: Minimum Building Frontage on 27 th Street. As provided in Section (h)(2), Table VII-6 of the ZLDRs, the minimum required building frontage along 27 th Street (Secondary A Street) is 80 percent. The applicant is proposing a building frontage of percent ( feet) and is requesting a 40.4 percent variance ( feet) from the minimum building frontage requirement. The applicant states in the Justification Statement that the variance is necessary due to the narrow width of the lot and the ability to design a functional site plan for the desired housing product. The variance request is summarized below. [This space is left intentionally blank.] ZBA 3356 Dr. Alice Moore Apartments Variances Page 6 of 31

7 Code Section Required Building Frontage Proposed Building Frontage Variance Requested Sec (h)(2), Table VII-6 80% ( ft.) 47.68% ( ft.) 40.4% ( ft.) As noted in Variance #2 above, Staff recognizes that the definition for Building Frontage needs to be clarified and that the applicant should not be penalized for the inconsistencies of the code. Staff also believes that the building is aesthetically pleasing, and that the variance is also necessary in order to accommodate the surface parking provided on site. Additionally, Staff acknowledges that the size and shape of the lot (long and narrow) has also contributed to the design constraints and challenges for the applicant to provide the desired product and to fully comply with the requirements of the ZLDRs. Therefore, Staff supports the variance request. Conclusion The applicant has worked diligently with Staff to bring the proposed multifamily building as close as possible into compliance with the requirements of the new CMUD development regulations. Staff also acknowledges that there are inconsistencies with the language of the new CMUD regulations that have made it difficult and impossible for the applicant to design a project that is fully in compliance with the standards of the code, and therefore, the requested variances are necessary. It is in Staff professional opinion that the variance requests are minimal and will not be detrimental to the immediate and surrounding areas. The Development Services Department Planning Division, has determined that the requested variances meets all ten (10) variance standards as required by Section 94-38(d)(6) of the ZLDRs (EXHIBIT A). Therefore, Staff recommends APPROVAL of the variance requests. V. PROJECT REVIEW Interdepartmental Review Plans and Plats Review Committee (PPRC): The site plan was presented to the PPRC on April 12, With exception of the variance requests, the applicant has resolved all major technical issues with the site plan. If the variances are approved, the applicant will be required to address all minor outstanding comments from the PPRC and obtain site plan approval prior to the submission of any building permits for the project. Inter-jurisdictional Review Traffic Concurrency: On October 17, 2017, the Palm Beach County Department of Engineering and Public Works Traffic Division issued a letter indicating that the proposed development has met the Palm Beach County Traffic Performance Standards (TPS) of the County. The TPS approval letter is attached hereto as EXHIBIT I. School Concurrency: A School Capacity Determination (SCAD) letter from the School District of Palm Beach County will be required prior to site plan approval. ZBA 3356 Dr. Alice Moore Apartments Variances Page 7 of 31

8 Public Notice In accordance with Section 94-39(i) and (j) of the City s ZLDRs, notices of the Public Hearing were mailed to all property owners within 500 feet of the subject property. An advertisement was also placed in the September 25, 2017 edition of the Palm Beach Post. At the October 5, 2017 ZBA meeting, the Board unanimously approved to continue ZBA Case No (on the applicant s request) to the November 2, 2017 meeting. Public Comment At the time of printing this report, the City had received two (2) phone calls on this request. The calls were regarding the status and proposed changes to the project moving forward to the November ZBA meeting. Additionally, the Mayor and Staff had met with the Old Northwood Neighborhood Association on October 2, 2017 to discuss and answer any questions from the residents regarding the proposal. Prepared and Respectfully Submitted by: Linda M. Louie, AICP Planner ZBA 3356 Dr. Alice Moore Apartments Variances Page 8 of 31

9 EXHIBIT A Variance Standards Section 94-38(d)(6) A variance is a departure from the dimensional or numerical requirements of the Regulations, where such variance will not be contrary to the public interest, and where, owing to conditions peculiar to the property and not as a result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship. A variance is authorized only for height, area and size of structure or size of yards, open spaces, or landscape requirements. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted due to the presence of nonconformities in the zoning district or adjoining zoning districts. To obtain a variance, a landowner must comply with all of the following standards. A. PECULIAR TO LAND, STRUCTURE, OR BUILDING: Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Findings: COMPLIES The subject property is a narrow infill lot. The size and shape of the lot has made it impossible to design the multifamily residential building in a functional manner that can also accommodate the strict standards of the newly adopted CMUD regulations. As the first project to be reviewed under the new CMUD regulations, Staff has recognized that the size and narrow lot configuration of the subject property would impact the ability of the applicant to fully comply with the standards of the code. B. ACTIONS OF THE APPLICANT: The special conditions and circumstances do not result from action of the applicant. Findings: COMPLIES The special conditions and circumstances that exist do not result from the actions of the applicant. Staff has acknowledged that there are discrepancies that need to be corrected and/or clarified with the newly adopted CMUD regulations. These discrepancies in the regulations have made it impossible for the applicant to redevelop the site with a project that fully complies with the standards of the code. C. SPECIAL PRIVILEGES: Granting the variance requested will not confer on the applicant any special privilege that is denied to the other lands, buildings, or structures in the same zoning district. ZBA 3356 Dr. Alice Moore Apartments Variances Page 9 of 31

10 Findings: COMPLIES Granting the variances will not confer the applicant any special privilege that is denied to other lands, building or structures in the same zoning district. There are inconsistencies in the provisions of the new CMUD regulations that would make it particularly difficult to develop or redevelop any property in the CMUD without seeking variances. D. LITERAL INTERPRETATION: Literal interpretation of the provisions of the regulations would deprive the applicant rights commonly enjoyed by other properties in the same zoning district. Findings: COMPLIES Literal interpretation of the provisions of the new CMUD regulations will not allow the applicant to meet the minimum requirements of the code. Staff acknowledges that there are discrepancies in the language of the regulations that must be corrected and/or clarified. E. MINIMUM REQUEST: The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Findings: COMPLIES The variances requested are the minimum variances necessary that will allow the applicant to construct a viable multifamily apartment building on the property. F. COMPREHENSIVE PLAN: The granting of the variance will be in harmony with the general intent and purpose of these regulations and the comprehensive plan. Findings: COMPLIES The ZLDRs are adopted to assist in carrying out the goal and objectives of the Comprehensive Plan, including the protection of the general public welfare and enjoyment of residents individual properties. The requested variances will not violate the general intent and purpose of these regulations and the comprehensive plan. G. PUBLIC WELFARE: The variance will not be injurious to the area involved or otherwise detrimental to the public welfare. ZBA 3356 Dr. Alice Moore Apartments Variances Page 10 of 31

11 Findings: COMPLIES The variances will not be injurious to the area involved or otherwise detrimental to the public welfare. The applicant has worked diligently with Staff to bring the proposed building into closer compliance with the code. Staff also believes that the variances requested are minimal and should not have a significant impact to the immediate and surrounding areas. H. REASONABLE USE: The property cannot be put to a reasonable use which fully complies with the requirement of this code. Findings: COMPLIES As noted above, there are inconsistencies in the language of the new CMUD regulations that has made it impossible for the applicant to design a functional multifamily residential project and meet the minimum requirements of the ZLDRs. Therefore, the property cannot be put to reasonable use which fully complies with the requirements of the code. I. PERMITTED USES IN THE SAME DISTRICT: Nonconforming use of neighboring lands, structures or buildings in the same zoning districts shall not be considered grounds for the authorization of a variance. Findings: COMPLIES Nonconforming lands, structures or buildings in the same zoning district have not been considered as grounds for the authorization of the variances. J. FINANCIAL HARDSHIP: Financial hardship is not the only evidence of hardship considered in the authorization of a variance. Findings: COMPLIES Financial hardship is not the only evidence of hardship considered in the authorization of the variance request. ZBA 3356 Dr. Alice Moore Apartments Variances Page 11 of 31

12 EXHIBIT B Survey of the Subject Property ZBA 3356 Dr. Alice Moore Apartments Variances Page 12 of 31

13 EXHIBIT C Site Photographs View of the existing multifamily residential building (right) on the subject property from 27 th Street, facing west towards Poinsettia Avenue. h View of the subject property from Poinsettia Avenue. As can be seen in the photograph, the lot width along Poinsettia Avenue (92.67 ft.) is narrow than the property s frontage along 27 th Street (312 ft.). ZBA 3356 Dr. Alice Moore Apartments Variances Page 13 of 31

14 EXHIBIT C (continued) View of the existing Moravian Church located immediately east of the subject property at th Street. View of the existing multifamily residential building located across the street from the subject property on 27 th Street, at the southeast corner of 27 th Street and Poinsettia Avenue (at 2722 Poinsettia Avenue). ZBA 3356 Dr. Alice Moore Apartments Variances Page 14 of 31

15 EXHIBIT D Applicant s Justification Statement ZBA 3356 Dr. Alice Moore Apartments Variances Page 15 of 31

16 EXHIBIT D (continued) ZBA 3356 Dr. Alice Moore Apartments Variances Page 16 of 31

17 EXHIBIT D (continued) ZBA 3356 Dr. Alice Moore Apartments Variances Page 17 of 31

18 EXHIBIT D (continued) ZBA 3356 Dr. Alice Moore Apartments Variances Page 18 of 31

19 EXHIBIT D (continued) ZBA 3356 Dr. Alice Moore Apartments Variances Page 19 of 31

20 EXHIBIT D (continued) ZBA 3356 Dr. Alice Moore Apartments Variances Page 20 of 31

21 EXHIBIT E Proposed Building Rendering ZBA 3356 Dr. Alice Moore Apartments Variances Page 21 of 31

22 EXHIBIT F Proposed Site Plan ZBA 3356 Dr. Alice Moore Apartments Variances Page 22 of 31

23 EXHIBIT G Proposed Building Elevations ZBA 3356 Dr. Alice Moore Apartments Variances Page 23 of 31

24 EXHIBIT G (continued) ZBA 3356 Dr. Alice Moore Apartments Variances Page 24 of 31

25 EXHIBIT H Proposed Floor Plans EXHIBIT H (continued) ZBA 3356 Dr. Alice Moore Apartments Variances Page 25 of 31

26 EXHIBIT H (continued) ZBA 3356 Dr. Alice Moore Apartments Variances Page 26 of 31

27 EXHIBIT I Palm Beach County Traffic Performance Standards (TPS) Approval Letter ZBA 3356 Dr. Alice Moore Apartments Variances Page 27 of 31

28 EXHIBIT I (continued) ZBA 3356 Dr. Alice Moore Apartments Variances Page 28 of 31

29 GRANTING THE VARIANCE(S) I move that the Zoning Board of Appeals grant Application No. 3356, a request by David J. Coviello, of Shutts & Bowen, LLP, on behalf of The Jerome Golden Center for Behavioral Health, Inc., for the following three (3) variances from the Zoning and Land Development Regulations (ZLDRs), to allow for the redevelopment of the subject property, located at the northeast corner of Poinsettia Avenue and 27 th Street, with a new multifamily residential building within the Currie Mixed Use District Edge Sub-district: 1.) A variance from Section (2.)(j)(1)(m), which requires the minimum dwelling unit size in a multifamily residential building to be no less than 550 square feet per unit and the cumulative average of all dwellings to be a minimum of no less than 800 square feet, to allow a minimum dwelling size of 502 square feet per unit and a minimum cumulative average of 609 square for all dwelling units. 2.) A variance from Section (h)(2), Table VII-6, which requires a minimum building frontage of 80 percent (74.14 feet) on a Primary A Street (Poinsettia Avenue), to allow for a minimum building frontage of 66.2 percent (61.33 feet). 3.) A variance from Section (h)(2), Table VII-6, which requires a minimum building frontage of 80 percent ( feet) on a Secondary A Street (27 th Street), to allow for a minimum building frontage of percent ( feet). The motion is based upon the testimony presented along with the application submitted and the staff report, which constitute competent, substantial evidence The Board hereby makes findings of fact that each of the criteria in Article II, Section 94-38(d)(6) of the City of West Palm Beach Zoning and Land Development Regulations (ZLDRs) have been met. READ ONLY IF CONDITIONS ARE IMPOSED: In addition, the granting of the variance is made conditional upon the following restrictions, stipulations and/or safeguards that I move are necessary to insure compliance with the purpose and ZBA 3356 Dr. Alice Moore Apartments Variances Page 29 of 31

30 intent of the Zoning and Land Development Regulations and consistent with the Comprehensive Plan of the City of West Palm Beach: [Staff has not recommended any conditions.] ZBA 3356 Dr. Alice Moore Apartments Variances Page 30 of 31

31 DENYING THE VARIANCE(S) I move that the Zoning Board of Appeals deny Application No. 3356, a request by David J. Coviello, of Shutts & Bowen, LLP, on behalf of The Jerome Golden Center for Behavioral Health, Inc., for the following three (3) variances from the Zoning and Land Development Regulations (ZLDRs), to allow for the redevelopment of the subject property, located at the northeast corner of Poinsettia Avenue and 27 th Street, with a new multifamily residential building within the Currie Mixed Use District Edge Sub-district: 1.) A variance from Section (2.)(j)(1)(m), which requires the minimum dwelling unit size in a multifamily residential building to be no less than 550 square feet per unit and the cumulative average of all dwellings to be a minimum of no less than 800 square feet, to allow a minimum dwelling size of 502 square feet per unit and a minimum cumulative average of 609 square for all dwelling units. 2.) A variance from Section (h)(2), Table VII-6, which requires a minimum building frontage of 80 percent (74.14 feet) on a Primary A Street (Poinsettia Avenue), to allow for a minimum building frontage of 66.2 percent (61.33 feet). 3.) A variance from Section (h)(2), Table VII-6, which requires a minimum building frontage of 80 percent ( feet) on a Secondary A Street (27 th Street), to allow for a minimum building frontage of percent ( feet). The motion is based upon the testimony presented along with the application submitted and the staff report, which constitute competent, substantial evidence. The Board hereby makes findings of fact that each of the criteria in Article II, Section 94-38(d)(6) of the City of West Palm Beach Zoning and Land Development Regulations (ZLDRs) have not been met. ZBA 3356 Dr. Alice Moore Apartments Variances Page 31 of 31