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E. RESOLUTION NO. 041-2025: A Resolution Of The Town Council Of The Town Of Palm Beach, Florida, Amending Resolution No. 069-2024, As Amended By Resolution No. 150-2024 Which Declared Zoning In Progress In Regard To The Regulation Of The Location And Limitation Of The Number Of Restaurants, Bars, Night Clubs, Lounges And For-Profit Private Clubs In All Commercial Zoning Districts Of The Town In Which Said Uses Are Special Exception Uses To Extend The Zoning In Progress To July 9, 2025; And Providing An Effective Date.

X. DEVELOPMENT REVIEWS

A. Variances, Special Exceptions and Site Plan Reviews

1. Old Business

a. ZON-24-0067 (ARC-24-0111) 175 BRADLEY PL (COMBO) SPECIAL EXCEPTIONS AND SITE PLAN REVIEW AND VARIANCES The applicant, DOCPALMBEACH PPLC, has filed an application requesting Town Council review and approval for a Special Exception for a second floor in the C-TS zoning district and four (4) variances including (1) to not provide the required parking for a new residential unit, (2) to reduce the required open space for two-story buildings, (3) to reduce the required front (west) setback, and (4) to reduce the required rear (east) setback, for the construction of a new second floor addition for a residential unit to the existing one-story commercial building with existing nonconforming setbacks and landscape open space. The Architectural Commission shall perform design review of the application. [The project was deferred at the March 5, 2025, Town Council meeting pending further review by the Architectural Review Commission. Carried 4-0.][Architectural Commission Recommendation: Implementation of the proposed variance will not cause negative architectural impacts to the subject property. Carried 7-0.][The Architectural Commission approved the project design with conditions. Carried 6-1.]

b. ZON-24-0094 (COA-24-0033) RIGHT-OF-WAY IMPROVEMENTS - WELLS RD/CRESCENT DR/N COUNTY RD (COMBO) - SPECIAL EXCEPTION AND SITE PLAN REVIEW The applicant, Town of Palm Beach, has filed an application requesting Town Council review and approval for Special Exception and Site Plan Review right-of-way and park improvements consisting of hardscape and landscape changes along the intersection of Wells Road, Crescent Drive, and North County Road within the Wells Road Scenic Vista. The Landmarks Preservation Commission shall perform design review of the application. [The Landmarks Preservation Commission Recommendation: Implementation of the proposed variance will not cause negative architectural impacts to the subject property. Carried 7-0.] [The Landmark Preservation Commission approved the project. Carried 7-0.]

c. ZON-24-0092 (ARC-24-0114) 1010 N LAKE WAY (COMBO)-VARIANCES The applicant, 1010 North Lake Trust LLC, has filed an application requesting Town Council review and approval for five (5) variances to exceed maximum lot coverage, encroach into side setbacks and construct a lower equipment screening wall that required, as part of an application for elevation, shifting and renovation of a two-story house, addition of a loggia, new pool, hardscape. The Architectural Commission shall perform design review of the application. [Architectural Commission Recommendation: Implementation of the proposed variance will not cause negative architectural impacts to the subject property. Carried 7-0.] [The Architectural Commission approved the project design with conditions. Carried 7-0.]

d. ZON-24-0087 (COA-24-0032) 1 S COUNTY RD - THE BREAKERS (COMBO) -SITE PLAN REVIEW AND VARIANCE The applicant, Breakers Palm Beach Inc., has filed an application requesting Town Council review and approval for Site Plan Review for the construction of a new parking structure consisting of one level of subterranean parking and one at-grade surface-level parking area to replace an existing surface parking lot, including one (1) variance to allow tandem parking spaces associated with a new parking structure facility and surface parking lot. Additional improvements include support buildings, realignments of North Breakers Row, golf course changes, as well as landscape and hardscape modifications. These improvements are generally located where there is an existing surface parking lot and a golf course within the designated Landmarked vista from the original hotel building to South County Road. The application requires the approval of a separate resolution to modify the PUD and the Landmarks Preservation Commission shall review the application for design. [The PUD Amendment was not transmitted by the Planning & Zoning Commission on Feb. 4, 2025, and will be considered at the March 6, 2025, Planning & Zoning Commission meeting.][The Town Council deferred this project to the April 9, 2025, Town Council meeting, pending review by the Planning & Zoning Commission and Landmark Preservation Commission.][The Landmark Preservation Commission Recommendation: Implementation of the proposed variances will not cause negative architectural impacts on the subject property.] [The Landmark Preservation Commission approved the project. Carried 7-0.]

e. ZON-24-0079 (ARC-24-0141) 1 S COUNTY RD-THE BREAKERS FAMILY ENTERTAINMENT CENTER (COMBO) - SPECIAL EXCEPTION WITH SITE PLAN REVIEW The applicant, The Breakers Palm Beach, Inc. (Alex Gilmurray), has filed an application requesting Town Council review and approval for modifications to an existing special exception and permitted uses in an existing hotel Planned Unit Development (PUD) (The Breakers Palm Beach) as it relates to the construction of a new three-story structure with basement that will connect with an overhead enclosed pedestrian bridge to the existing two-story building (Beach Club) to replace an existing two-story building with related site improvements. The application requires the approval of a separate resolution to modify the PUD and the Architectural Commission shall review the application for d e s ig n. [The PUD Amendment was considered and recommended to the Town Council at the March 6, 2025, Planning & Zoning Commission meeting.] [The Architectural Review Commission deferred the project to the April 23, 2025, meeting. Carried 7-0.] [This project shall be deferred to the May 14, 2025, Town Council meeting, pending the approval of the PUD Resolution No. 006-2025 and Architectural Commission review.]

f. ZON-24-0089 (ARC-24-0116) 1 S COUNTY RD (BREAKERS BEACH CLUB) COMBO - SPECIAL EXCEPTION AND SITE PLAN REVIEW The applicant, Breakers Palm Beach Inc.(Alex Gilmurray), has filed an application requesting Town Council review and approval for a Special Exception with Site Plan Review for modifications to an existing food and beverage operations (Beach Club restaurant). The Architectural Commission shall perform design review of the application. [The Architectural Review Commission approved the project with conditions. Carried 4-3.][The PUD Amendment was considered and recommended to the Town Council at the March 6, 2025, Planning & Zoning Commission meeting.][This project shall be deferred to the May 14, 2025, Town Council meeting, pending the approval of the PUD Resolution No. 006-2025 at the April 9, 2025, Town Council meeting.]

g. ZON-24-0035 (HSB-24-0005) 854 SOUTH COUNTY RD (COMBO)-VARIANCE The applicant, Dustin Mizell with Environmental Design Group on behalf of owner 854 So County Rd., LLC, has filed an application requesting review and approval for one (1) variance to permit a second guest house with bedrooms and bathrooms on site. The Landmarks Preservation Commission will perform the design review for the proposed structure on site modifications. [This project shall be deferred to the May 14, 2025 Town Council meeting, pending Landmark Commission design review.]

h. ZON-24-0066 (ARC-24-0108) 1519 N OCEAN WAY (COMBO) - SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES The applicant, 1519 N Ocean Way #1 LLC & 1519 N Ocean Way #2 LLC (Maura Ziska, Attorney), has filed an application requesting Town Council review and approval for a special exception with site plan review for redevelopment of an existing parcel which is nonconforming to minimum lot width requirements in the R-A zoning district. Additionally, three variances are requested to (1) exceed maximum building height and (2) to exceed maximum overall building height for the portions of the structure located west of the CCCL and (3) to permit improvements (steps) within the 50' ocean bulkhead setback area. The Architectural Commission shall review the application as it pertains to zoning relief/approval. [This project was withdrawn by the applicant.]

i. ZON-24-0093 (ARC-24-0128) 203 VIA VIZCAYA (COMBO) - SPECIAL EXCEPTION & VARIANCE The applicant, PAUL Z. OKEAN (Trustee, under Trust Agreement dated 5/21/91 as the Paul Z. Okean Revocable Living Trust), has filed an application requesting Town Council approval for a special exception for redevelopment of a nonconforming parcel and one (1) variance for deficient landscape open space as it relates to development of a new residence. The Architectural Commission shall perform design review of the application. [This project shall be deferred to the May 14, 2025 Town Council meeting, pending Architectural Commission design review.]

2. New Business

a. ZON-25-0004 (HSB-24-0009) 335 COCOANUT ROW (COMBO)-VARIANCE The applicant, 335 Cocoanut Row Trust, has filed an application requesting Town Council review and approval for one (1) variance to allow landscape open space to increase from existing but still not meet the minimum requirement for the property containing two (2) Historically Significant Buildings. The overall scope of work includes window and door replacement, roof replacement, and landscaping and hardscape modifications with a new pool. The Landmarks Preservation Commission shall perform design review of the application. [The Landmarks Preservation Commission Recommendation: Implementation of the proposed variance will not cause negative architectural impacts to the subject property. Carried 7-0.] [The Landmark Preservation Commission approved the project with conditions and to return to a future meeting for additional review of the windows. Carried 7-0.]