County commissioners voted Wednesday to change the county’s zoning code to allow plans to move forward that could result in a Jupiter Island condominium being torn down to make way for a bigger building without seeking a variance. Nearby condos, fearful of negative impacts on their views, were opposed to the change. The partnership convinced county commissioners to change the zoning code to allow for a “Type 2” waiver process.

Palm Beach County commissioners voted Wednesday to change the zoning code that now makes it possible for the Kolter Group to tear down a Jupiter Island condominium and replace it with a bigger building without seeking a variance. Nearby condos, fearful of negative impacts on their views, were opposed to the change. A partnership affiliated with the Kolter Group has an option to buy Beach Sound, a 40-year-old, 12-unit condominium. Unit owners say they entered into the agreement because they cannot afford to undertake expensive repairs mandated by a new state law to ensure the safety of condo buildings near the ocean. The law was adopted in response to the deadly collapse of a condo building in Surfside. Expensive periodic inspections are required to determine if repairs should be undertaken. The Beach Sound transaction could mark the first time that a condominium association was forced to sell to a developer because of the Surfside law. Beach Sound has yet to even undertake a Phase 1 inspection to determine whether a more detailed Phase 2 one is required. The partnership convinced county commissioners to change the zoning code to allow for a “Type 2” waiver process. County planners, who backed the change, noted that whatever is then proposed will be reviewed by county staff; the ultimate decision will rest with county commissioners. The waiver process would only apply to the condos along Jupiter Island that fall under the jurisdiction of county government.

Beach Sound site is highlighted in red. Owners have agreed to sell out to a developer rather than undertake million-dollar plus repairs that could result from a new state law requiring beachfront properties to make their buildings safer.

 

“What we are asking for is an opportunity to come back and ask you for something,” said Brian Seymour, the lawyer representing the partnership.

The zoning change is needed, he said, because it is unlikely that a variance would be granted. Seymour acknowledged the request stems from the inability of Beach Sound to undertake the needed repairs that are expected to cost more than $1 million.

 

Commissioner Maria Marino, who represents northern Palm Beach County, made it clear that whatever is built will have to be "compatible" with other condos along Jupiter Island. A decision, she explained, will be made when the project is presented to the county. All that was done Wednesday, she noted, was to allow the project to be developed.

Seymour said the partnership would be willing to accept a setback reduction of 1 foot for every 7 that a building exceeds 35 feet in height as opposed to one foot under current zoning.

Seymour noted that without changes in existing zoning laws, it will be difficult to replace older condo buildings damaged by hurricanes, noting that none of the existing condos on Jupiter Island could be rebuilt based on today's zoning. Developers are going to need relief, he said.

Ed O'Sullivan, a board member at the Claridge, which is just to the north of Beach Sound, testified against the zoning change, saying he only found out about the change from a Palm Beach Post reporter two weeks ago.

"You have hundreds of condo owners very stressed out," he said. "They all love their buildings and are willing to spend what it takes to comply with the new law. Beach Sound is the only one that will not."

O'Sullivan said the other condos are spending up to $3 million to make necessary improvements. "They love their buildings," he said, noting that here is no reason Beach Sound cannot invest in its building as well.

Under the proposed change, the density of any building could not be increased, which means a new Beach Sound could have no more than 12 residences, but each is expected to be much bigger than the existing ones that average about 1,300 square feet. Area Realtors say the new, larger units at Beach Sound could fetch as much as $8 million.

Beach Sound is on Beach Road just south of the Martin County border. In addition to Beach Sound, the area is home to the Passages, built in 1982; the Seawatch, built in 1984; the Landfall and Ocean Sound, both built in 1984; and the Carlyle, built in 1988.

O’Sullivan said his concern is that one of the options presented to the Claridge by the partnership was a massive nine-story building that would “block us out of any sunshine” and cause a dangerous wind tunnel to develop in case of a hurricane. Seymour said that before a plan is submitted to the county, his client will work with other condo associations in an effort to produce a project that will work for everyone.