Magistrate orders site-plan applications after unauthorized work at 135 North Congress Avenue

The special magistrate found that the property at 135 North Congress Avenue had undergone site modifications without an approved site plan and conditional-use approval and ordered deadlines for remediation.

Aaron Kester, a code enforcement officer intern for the City of Delray Beach, told the magistrate that the property received a notice of violation on 09/14/2026 for "site plan modifications" and that a reinspection on 09/30/2026 showed the site remained noncompliant. Kester introduced nine photographs as evidence and said the city was seeking 30 days to apply and 180 days to obtain approvals. "The city is seeking an additional 30 days to apply for, 180 days to obtain an approved site plan and conditional use," Kester said.

Rebecca Desari of the Development Services Department said the demolition permit on file would not have authorized the construction now present on the lot and that the current use would have required a site plan, conditional-use approval and waivers related to separation distances under the land development regulations. "A site plan and conditional use approval, as well as a waiver for relief from the distance separation requirements," Desari said, "can all be submitted, together and reviewed together."

The magistrate ordered the respondent 30 days to apply and 180 days to obtain an approved site plan and conditional-use approval. The hearing record shows the city sought a $250-per-day fine should the property fail to come into compliance.

The order notes that the respondent must both initiate the application process within the 30-day window and secure final approvals within 180 days, or face daily fines until compliance is achieved. The magistrate recorded notice as sufficient and entered the compliance deadlines in the record.