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Delray Beach commissioners denied a waiver that would have allowed this three-story, 7,330-square-foot house at 1006 Brooks Lane. The house would have exceeded the maximum square footage for the property. Image provided

By John Pacenti

The Delray Beach City Commission stood firm on development on the coast, denying a request to exceed the city’s building code for a proposed three-story, 7,330-square-foot house along the Intracoastal Waterway.

The unanimous vote at the Feb. 24 meeting gave a victory to the Beach Property Owners Association. Its president, Hal Stern, argued that the commission stick to the ordinance it adopted in March 2024 with input from coastal residents.

“Those standards were enacted in direct response to widespread neighborhood concern over oversized, out-of-proportion, three-story buildings,” Stern said.

He said the proposed single-family home at 1006 Brooks Lane “would be incompatible with the established neighborhood context, and therefore fails to meet the waiver requirement of adverse impact.”

Stamm Development Group, the owner, asked for the waiver to exceed the city’s Floor Area Ratio — or FAR — that measures a building’s size in relation to the overall size of the property. The proposed home would be 1,724 square feet over the maximum adopted two years ago.

For the commission, this was a messy conundrum because a permit to build an even bigger home on the property was issued before the new FAR was adopted. 

“This is a complicated one, no doubt about that, all the way around,” said Commissioner Tom Markert.

Stamm said $40,000 was spent to obtain a building permit in June 2023, before the new ordinance was adopted.

The city in January 2025 then notified the owner that the permit was issued in error, and new applications would need to adopt the current land development regulations, or LDRs.

Ownership appealed to Tallahassee. Florida Attorney General James Uthmeier issued a letter stating that, under state statute, the city could not revoke an extended building permit, according to a presentation by Stamm to the commission.

In January, the builder met with city staff to reach a compromise. The waiver request reduces the home’s design area from 9,112 square feet to 7,330 square feet. The city’s regulations allow for a maximum 5,606-square-foot building on the property.

“We don’t feel that it does adversely affect the neighboring areas,” said Sean McAllister, director of development for Stamm.

Besides BPOA opposition, Tom Kustura, who owns the property immediately adjacent, framed the matter as both a compatibility and a legal fairness issue. 

“If you approve this waiver, I’ll be the next in line asking for a waiver to enlarge my house,” he said. “Where does it end?” 

Joe Chalal, who said he was representing homeowners on both Brooks Lane and White Drive, pushed back on the builder’s claim. “There’s definitely an impact. And it’s not a minor deviation,” he said.

Chalal told commissioners he had gathered signatures from nearby residents opposing the waiver and warned the decision would be cited in future requests across the barrier island.

Mike Stamm, principal in the development firm, told commissioners he feels there is a valid permit. 

But Anthea Gianniotes, the city’s development services director, pushed back on the claim that the original permit is valid. She said ownership of the 0.2-acre lot moved from Dr. Boris Zusin, a restorative dentist, to an LLC in August and Florida law stipulates that owner-builder permits cannot be utilized by a company.

“This permit that they’re trying to travel under is no longer valid because the ownership has changed,” she said.

The commission remained steadfast in adhering to the LDR.

“I do think that this will affect the neighborhood,” said Commissioner Angela Burns. “So it’s not consistent with the code.”

Commissioner Juli Casale added, “While I appreciate your situation, and I feel it’s unfortunate that you find yourself in front of us asking for this, I can’t agree to it.”

Mayor Tom Carney said his issue was that the owner-builder permit became invalid when the deed of property changed to the LLC.

“I’m not worried about the precedent here,” Carney said. “There’s too many special facts and circumstances to try to duplicate this.”