Received via email 3-3-2025:
RE: OPPOSITION TO SPECIAL EXCEPTION REQUEST - ZON-24-0063 (ARC-24-0106) 260 COLONIAL LANE
Members of the Town Council:
I am writing to express my strong opposition to the special exception request submitted by Thomas and Meredith Hunt for the property located at 260 Colonial Lane (ZON-24-0063/ARC-24-0106).
As the owner of a property that directly abuts the subject parcel, I have serious concerns about the newly proposed design and its potential impact on my property rights and the integrity of the R-B zoning district regulations.
Fundamental Nonconformity of the Subject Parcel
According to the Planning, Zoning & Building Department staff memo dated February/March 2025, the applicants are requesting a special exception to permit development on a significantly nonconforming parcel in the R-B zoning district. The parcel is deficient in two critical aspects:
1. The lot depth is only 72 feet, representing a substantial 28% deficiency from the required 100 feet minimum.
2. The total lot area is 9,710 square feet, falling short of the required 10,000 square feet minimum.
These minimum requirements were established for substantive reasons - to maintain appropriate spacing between structures, ensure adequate privacy, and preserve the established character of the R-B zoning district. The deficiency in lot depth is particularly concerning to me as it directly affects the spatial relationship between neighboring properties, creating adverse impacts on privacy, light access, and the cohesive character of our neighborhood.
Irregular Lot Configuration Compounds My Concerns
The staff report points out that the parcel has an irregular shape, including a "10 ft x 35 ft irregular projection" at the rear that the applicants plan to use for additional interior space. This unusual lot configuration compounds concerns about the parcel's suitability for development. The application itself describes the parcel as "small" and "irregularly shaped," which raises fundamental questions about whether this design, on this lot, can truly be compatible with the established pattern of development in our neighborhood.
Furthermore, the memo indicates that the parcel is comprised of portions of Lots 44-46 of Plat 2 of the El Encanto subdivision. This suggests the parcel represents a non-standard lot configuration that doesn't align with the original subdivision plan, further underscoring its inappropriate nature for this development.
Direct Impact on My Property
The proposed development will directly and negatively impact my property and the surrounding neighborhood in several ways:
1. Proximity and Buffer Concerns: The substandard lot depth places the structure, swimming pool, and outdoor living spaces in much closer proximity to adjacent properties than would normally be permitted, significantly reducing privacy and buffer areas.
2. Visual Impact and Privacy: The swimming pool, terrace, and rear entryway are positioned in a manner that will create direct sightlines into my property, substantially diminishing my privacy and quiet enjoyment. The AC equipment is located only 5’ from the property line, close to my home’s main bedroom.
3. Drainage Issues: The proposed development includes fill at the maximum allowable height (1.88'). On such a constrained lot, this fill could alter established drainage patterns and potentially direct additional stormwater runoff toward adjacent properties, including mine.
4. Construction Impacts: Development on this constrained site will likely require intrusive construction staging and methods that will disproportionately impact neighboring properties compared to development on conforming lots.
5. Decreased property value resulting from the overdevelopment of an adjacent undersized lot.
Special Exception Standards Not Met
For the Town Council to approve a special exception, you must determine that the application meets the criteria set forth in Section 134-229 of the Town Code. The staff memo specifically states that approval requires finding that the special exception "will not adversely affect the public interest" and that "all zoning requirements governing the use have been met"1.
I respectfully submit that this application fails to meet these criteria for the following reasons:
1. Allowing development on this significantly undersized and irregular lot would adversely affect the public interest by undermining the established zoning standards that protect our neighborhood character and property values.
2. The fundamental lot size and depth requirements cannot be met by the design proposed. These are not minor or technical deficiencies but substantive requirements that go to the heart of the R-B district regulations.
3. Approving a special exception like this would set a problematic and troubling precedent for future development on undersized lots throughout Palm Beach, especially in the North End, potentially undermining the integrity of the zoning code.
Conclusion
Based on the significant non-conformities of the lot, the irregular lot configuration, and the direct adverse impacts on my property, I respectfully request that the Town Council deny this special exception request.
While I respect property owners' rights to develop their land, such development must conform to the established zoning regulations that protect all property owners. I did not oppose the project recently completed at 266 Colonial Lane, directly abutting my property, because its modest design complied with code requirements.
The significant deficiencies in this parcel make it unsuitable for the proposed development, and granting a special exception would undermine the integrity of the Town's zoning regulations to the detriment of the neighborhood, the North End, and the Town as a whole.
Respectfully,
David A. Kelso
255 Monterey Road
Palm Beach, FL
33480