UPDATE: Delray Beach Commissioners voted Tuesday night not to allow taller buildings downtown. Instead, they will be keeping the building cap.
The vote failed three to two.
If it had passed, it would have allowed properties along Atlantic Avenue from Swinton Avenue to the Intracoastal Waterway to exceed three stories.
Current law does not allow anything taller than that height.
Those who voted against it, say it would have started a precedent of building even taller buildings downtown.
EARLIER STORY:
Delray Beach commissioners will look at changing the city's building height limit in downtown after two property owners filed a lawsuit.
In order to dismiss a $6.9 million lawsuit, the city will decide if it will allow property owned by William Himmelrich and David Hokokawa can be four stories. The current law passed in 2015 restricts new development to three stories along Atlantic Avenue.
“I think that their case in Palm Beach County Circuit court has merit,” said Commissioner Adam Frankel.
Frankel said he will vote yes to approve changing to regulation for this case.
The lawsuit said the property owners had plans to build a four-story hotel, and the city was aware of those plans before 2015. The lawsuit states the city violated the Bert Harris Act, a law that protects private landowners rights.
Kelly Barrette said if this passes, it will be the beginning of the end for downtown Delray.
“The scale of the downtown is really what makes it unique,” she said. “People felt some comfort in the fact that their downtown was protected.”
Barrette said she wants the city to fight the lawsuit because if they don’t, it will set a precedent.
“Other lawsuits will follow,” she said.
The commission will vote Tuesday night whether to allow the four-story building.