Boca Raton Reaches Settlement to Allow Oceanfront Home Proposal to Move Forward

A controversial proposal to build a home on the oceanfront – east of A1A – that led to litigation between a developer and the city will go back to the governing body for a decision after council members approved a settlement that provides for a fresh hearing on the matter.

The three-story, duplex-style beach home is proposed for the parcel of land at 2500 N. Ocean Boulevard, approximately across from Sweetwater Lane. First proposed in 2016, it is seaward of the Coastal Construction Control Line where development is normally prohibited due to environmental concerns. But the property was one of several that was never preserved when Boca Raton adopted an initiative to purchase oceanfront properties in 1960s and 1970s, leaving it in private hands. In order for the private owner, Azure Development, of Delray Beach, to build on the parcel, the city council was asked to approve a variance allowing construction to move forward east of the line.

A development proposal at 2600 N. Ocean Boulevard. (Photo: Boca Daily News)

A development proposal at 2600 N. Ocean Boulevard. (Photo: Boca Daily News)

A development proposal at 2600 N. Ocean Boulevard. (Photo: Boca Daily News)

After a protracted series of court hearings which ultimately resulted in a finding that the city did not turn over private communications from the personal social media accounts of officials on the project under the state’s Sunshine Law – as well as an indication from a circuit court judge that taxpayers would foot Azure’s legal bill in excess of $1 million – the city council unanimously adopted a settlement that will grant Azure a fresh hearing on the proposal now that all of the documents are in the hands of both parties. The settlement also sets a framework for how the hearing should be conducted, and exempts the city from reimbursing Azure for its attorney and professional fees should the variance be approved.

If the variance is not approved, or the project is otherwise denied, litigation may continue.

“The approval of the settlement tonight will allow that structure to go forward,” said Deputy City Attorney Joshua Koehler. “It does not provide an approval or denial in and of itself.”

Under Florida development statutes, a variance of the type required for the Ocean Boulevard property requires the city council to hold a quasi-judicial hearing on approval. The council previously denied the variance, sparking litigation. The court has ruled that Mayor Scott Singer, along with former council members Andrea O’Rourke and Jeremy Rodgers had conflicts of interest since they had posted opinions on the development application online and discussed it during an election campaign. Neither O’Rourke nor Rodgers remain on council.

“Under the settlement agreement, the parties have agreed to waive all claims and execute a full release for the city,” said Koehler. “The purpose is really to present and approve that framework. This is no obligation to approve anything.”

A development proposal at 2600 N. Ocean Boulevard. (Photo: Boca Daily News)

A development proposal at 2600 N. Ocean Boulevard. (Photo: Boca Daily News)

Councilwoman Yvette Drucker pondered whether the threat of litigation could, in and of itself, affect whether the council could impartially judge the application since there is a de facto guarantee that a denial would bring the issue back to court.

“We are routinely threatened with a lawsuit if the city does not approve something,” said Councilman Andy Thomson.

“Certainly, as part of any development permit … there are conditions imposed,” Koehler added. “Some proffers are made from time to time, but this settlement does not set a dollar amount. There is the potential for prolonged litigation so this is being presented to council as a means to settle that litigation going forward.”

The building that is proposed is scaled down from the original four-story structure proposed in 2016 to a three-story building that incorporates a smaller amount of glass. Objectors to the application – including environmental and beach preservation activists – hold that the property should not be granted variance approval since it would have a detrimental affect on the nesting sea turtle population and the protective dune that prevents the barrier island from breaching during hurricanes.

A development proposal at 2600 N. Ocean Boulevard. (Photo: Boca Daily News)

A development proposal at 2600 N. Ocean Boulevard. (Photo: Boca Daily News)

The building, according to planning documents, would measure 10,325 square feet with 6,931 square feet of air conditioned space. The property could support up to three dwelling units in compliance with the underlying zoning ordinance. The state Department of Environmental Protection has rendered an opinion that the home would not result in significant negative impacts to the dune system, according to a filing produced by the engineering firm on the application.

Michael Laszlo, a resident of N. Ocean Boulevard and advocate through the group BocaFirst, told council members the settlement offer “would suggest that variances can be bought and sold.”

“Would you honestly be able to disregard and ignore the huge financial incentive – the financial leverage – this resolution represents?” he asked council members. “Or would you simply be exchanging the prior bias against the petitioner for a new bias in favor of that petitioner?”

Having accepted the settlement, the application will re-appear before the council at a future meeting. A date for that hearing has not yet been set.