Res 46-08A
A
WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City"), is
designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant
elements of the City's historical, cultural, social, economic, political, archaeological, and architectural
identity; and/or serve as visible reminders of the City's culture and heritage; and
WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to
authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic
properties for improvements to such properties which are the result of the restoration, renovation, or
rehabilitation of the historic properties; and
WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an
ad valorem tax exemption for the restoration, renovation, and/or improvement of historic properties
(Ordinance No. 50-96); and
WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase
interest in restoring, renovating, and improving the City's historic structures; and
WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final
Application/Request for Review of Completed Work, the Historic Preservation Planner shall present such
Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend
that the Historic Preservation Board grant or deny the exemption; and
WHEREAS, the property owners filed a Preconstruction Application and received preliminary
approval from the Historic Preservation Board on August 20, 2008, for an ad valorem tax exemption for the
historic renovation and restoration of the property located at 214 S.E. 71 Avenue; and
WHEREAS, the Historic Preservation Board reviewed the Completed Work Application on 214
S.E. 71 Avenue, for a determination that the completed improvements were consistent with LDR Section
4.5.1(M)(5) and recommends approval to grant an ad valorem City tax exemption to Robert and Gloria
Spicer for the restoration, renovation, and improvement to the property located at 214 S.E. 71, Avenue.
.t NW, THEREFRE, E IT RESLVEY THE CITY CMMISSIN OF THE CITY OF
DELRAY O BEACH, FLORIODA B, AS i• ii D B O O
: 0
Section 1. The City Commission hereby determines that the completed improvements to the
property located at 214 S.E. 71, Avenue, as described in the application for ad valorem tax exemption filed
with the City, were consistent with LDR Section 4.5.1(M)(5).
Section 2. The City Commission hereby approves an ad valorem tax exemption to the property
owners, Robert and Gloria Spicer, for a ten year period, commencing on I/1/09, from that portion of ad
valorem taxes levied on the increase in assessed value, between the years 1/1/09 — 12/31/18, resulting from
the renovation, restoration, and rehabilitation of the property located at 214 S.E. 711 Avenue, which property
is legally described as follows and which improvements are described in HPB Certificate of
Appropriateness No. 2006-236:
Lot 21 of the Gracey-Byrd Subdivision of Block 119
Section 3. Prior to the ad valorem tax exemption described herein being effective, Robert and
Gloria Spicer shall execute and record a restrictive covenant in a form established by the State of Florida,
Department of State, Division of Historical Resources, requiring the qualifying improvements be
maintained during the period that the tax exemption is granted. A copy of the recorded covenant shall be
provided to the City's Historical Preservation Planner.
Section 4. This resolution shall take effect in accordance with law.
jj--
PASSED AND ADOPTED in regular session on the Q day of .,200%.
ATTEST:
City Clerk
MEMORANDUM
TO: Mayor and City Commissioners
FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER
PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING
THROUGH: CITY MANAGER
DATE: September 8, 2008
SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008
RESOLUTION NO. 46-08 (TAX EXEMPTION REQUEST FOR ELIGIBLE
IMPROVEMENTS /214 S.E. 7TH AVENUE)
ITEM BEFORE COMMISSION
The item before the City Commission is approval of the tax exemption request for improvements to the
property located at 214 SE 7th Avenue within the Marina Historic District. The development site
consists of Lot 21 of the Gracey -Byrd Subdivision of Block 119, Map of the Town of Linton Plat (now
Delray).
BACKGROUND
Prior to the recent improvements, the property contained a 1,083 square foot, contributing, wood frame,
single - family residence circa 1935.
At its meeting of May 17, 2006, the Historic Preservation Board (HPB) approved a Certificate of
Appropriateness (COA) for alterations and an addition to the contributing structure including the partial
demolition of 262 square feet, construction of a 1,038 square foot, one -story addition and entry porch,
landscaping improvements (not eligible towards the tax exemption), and a variance request to the side
interior setback requirement. The improvements, both interior and exterior, are complete, and a
Certificate of Occupancy (CO) was issued on April 2, 2008. The applicant is now applying for tax
exemption status for those improvements.
The HPB considered the request at their August 20, 2008 meeting and recommended approval of the Ad
Valorem Tax Exemption Application Parts 1 and 2. The tax exemption will apply only to the difference
in assessed value before and after the eligible property improvements.
The applicant is now before the City Commission for approval of the request. If approved, the request
will be forwarded to the Palm Beach County Property Appraiser's Office and the Palm Beach County
Planning and Zoning Department for recordation and final appraisal of the improvements. Additional
background and an analysis of the request are provided in the attached HPB Memorandum Staff
Report.
ANALYSIS
The project meets the qualifying improvements under LDR Section 4.5.l(M)(5)(a)(i)-(iv) regarding the
new construction and alterations to the existing historic property and is compliant with the City's Land
Development Regulations, the Historic Preservation Design Guidelines, and the Secretary of the
Interior's Standards for Rehabilitation.
Pursuant to LDR Section 4.5.1(M)(10), the "Final Application/ Request for Review of Completed
Work" was submitted within eighteen (18) months of the CO. The Final Application includes
documentation of all costs incurred during the project, and the Historic Preservation Exemption
Covenant. The City's Community Improvement Department has verified that the work has been
completed, passed the final inspection, and the Certificate of Occupancy was issued on April 2, 2008.
As mandated by LDR Section 4.5.1(M)(10), the Historic Preservation Board reviewed the Final
Application during its meeting of August 20, 2008, and determined that the completed improvements
were in compliance with the previously approved request. Pursuant to LDR Section 4.5.1(M)(12), upon
approval of a Final Application/Request for Review of Completed Work by the Historic Preservation
Board, the Final Application shall be placed by resolution on the agenda of the City Commission for
approval.
The expenditures for the qualifying improvements total $190,000.00. The tax abatement will be limited
to the increase in assessed value (as determined by the Palm Beach County Property Appraiser) and
result in an abatement of taxes for a period of ten years from the date of approval.
RECOMMENDATION
Approve the tax exemption request, the "Final Application Request for Review of Completed Work" for
site improvements to the property located at 214 SE 7th Avenue, Marina Historic District, based
upon positive findings with respect to LDR Sections 4.5.1(M)(5)(a)(iii), (M)(5)(b) and (M)(12), and the
Delray Beach Historic Preservation Design Guidelines.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX
EXEMPTION TO ROBERT AND GLORIA SPICER FOR THE HISTORIC
REHABILITATION OF THE PROPERTY LOCATED AT 214 S.E. 7"
AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT
THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND
DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(M)(5);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City"), is
designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant
elements of the City's historical, cultural, social, economic, political, archaeological, and architectural
identity; and/or serve as visible reminders of the City's culture and heritage; and
WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to
authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic
properties for improvements to such properties which are the result of the restoration, renovation, or
rehabilitation of the historic properties; and
WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an
ad valorem tax exemption for the restoration, renovation, and/or improvement of historic properties
(Ordinance No. 50-96); and
WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase
interest in restoring, renovating, and improving the City's historic structures; and
WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final
Application/Request for Review of Completed Work, the Historic Preservation Planner shall present such
Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend
that the Historic Preservation Board grant or deny the exemption; and
WHEREAS, the property owners filed a Preconstruction Application and received preliminary
approval from the Historic Preservation Board on August 20, 2008, for an ad valorem tax exemption for the
historic renovation and restoration of the property located at 214 S.E. 7" Avenue; and
WHEREAS, the Historic Preservation Board reviewed the Completed Work Application on 214
S.E. 7" Avenue, for a determination that the completed improvements were consistent with LDR Section
4.5. 1 (M)(5) and recommends approval to grant an ad valorem City tax exemption to Robert and Gloria
Spicer for the restoration, renovation, and improvement to the property located at 214 S.E. 7h Avenue.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION • THE CITY •
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission hereby determines that the completed improvements to the
property located at 214 S.E. 7" Avenue, as described in the application for ad valorem tax exemption filed
with the City, were consistent with LDR Section 4.5. 1 (M)(5).
Section 2. The City Commission hereby approves an ad valorem tax exemption to the property
owners, Robert and Gloria Spicer, for a ten year period, commencing on I11109, from that portion of ad
valorem taxes levied on the increase in assessed value, between the years 111109 — 12131118, resulting from
the renovation, restoration, and rehabilitation of the property located at 214 S.E. 7" Avenue, which property
is legally described as follows and which improvements are described in HPB Certificate of
Appropriateness No. 2006-236:
Lot 21 of the Gracey-Byrd Subdivision of Block 119
Section 3. Prior to the ad valorem tax exemption described herein being effective, Robert and
Gloria Spicer shall execute and record a restrictive covenant in a form established by the State of Florida,
Department of State, Division of Historical Resources, requiring the qualifying improvements be
maintained during the period that the tax exemption is granted. A copy of the recorded covenant shall be
provided to the City's Historical Preservation Planner.
Section 4. This resolution shall take effect in accordance with law.
PASSED AND ADOPTED in regular session on the day of
City Clerk
2
KIM
HISTORIC PRESERVATION BOARD
-MEMORANDUM STAFF REPORT
Applicant/
Property Owner: Robert and Gloria Spicer
Property Address: 214 SE 7"' Avenue, Marina Historic District
HP13 Meeting Date: August 20,2008
File No: 2008-213-COA
ITEM BEFORE THE IBOARQ_
The action requested of the Board is the approval of Parts 1 and 2 of a Tax Exemption application for
improvements to a contributing property located at 214 SE 7" Avenue, Marina Historic District,
pursuant to Land Development Regulations (LDR) Section 4.5.1(M).
'.-'BACKGROU.ND/ PROJECT DESCRIPTION—*
The subject property consists of Lot 21 of the Gracey-Byrd Subdivision of Block 119, Map of the Town
of Linton Plat (pow Delray), located in the Marina Historic District and zoned Single Family Residential
(R-1-AA). The subject property consists of a 1,083 square foot, contributing, wood frame, single-family
residence circa 1935.
Regarding the age of the structure, the old City Clerk's Tax Cards indicate that the structure was
constructed in 1928 and remodeled in 1937.
At its meeting of May 17, 2006, the Board approved a COA (2006-236) for the following:
• Partial demolition of a later side addition (likely circa 1966) consisting of approximately 262
square feet;
• Construction of a 1,038 square foot, one-story addition and entry porch;
• Renovation and alterations to the existing structure,
• Landscaping improvements, and;
• Variance request to the side interior (south) setback requirement.
In addition to the components associated with the approved COA noted above, all interior
improvements are also eligible for the exemption.
The applicant is now before the Board to request review of Parts 1 and 2 of the Ad Valorem Tax
Exemption Application for the improvements stated above as approved with COA 2006-236. The tax
exemption would apply to the expenditures associated with the above exterior and interior site
improvements (excluding landscaping) which total approximately $190,000.00 (as noted on the
application).
Although the landscaping associated with the COA was approved, landscaping is not permitted as a
legitimate expenditure as it is not interpreted as a "site improvement", pursuant to the Florida
Administrative Code 1A-38,
Part 1 is the initial evaluation of the property, and of the improvements included in the application,
regarding their eligibility for the tax abatement, Part 2, "Final Application/ Request for Review of
Completed Work", requires that the Historic Preservation Board conduct a review at a regularly
21•1- SE 7rh Avenue, Tax Exomplion Applif 1). 2002-212LCOA
HPB Meeting August 20, 2008
Poe 2 of 5
scheduled public meeting to determine whether or i not the completed improvements are in compliance
with the work described in the Construction Application.
Based on State regulations, an Ad Valorem Tax Exemption can be approved for a project before,
during, or after it has been Undertaken. The applicant therefore requests consideration of an ad
valorem tax exemption as the project is complete. -
.-AD. VALOREM TAX'EXEMPTION.,,
LDR Section 4.5.1(M), Tax Exemption for Historic Properties
Pursuant to LDR Section 4.5.1(M)(1), Tax Exemption for Historic 'Properties, the City Commission
hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic
properties designated. Qualifying properties shall be exempt from that portion of ad valorem taxation
levied by the City of Delray Beach on 100% of the increase in assessed value resulting from any
renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of
this ordinance.
LDR Section 4.5.1(M)(2), clarifies that the exemption does not apply to the following:
(a) Taxes levied for payment of bonds,
(b) Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article 7 of
the Florida Constitution; or
(c) Personal property.
LDR Section 4.5.1(M) {3), explains the duration of the exemption:
(a) The exemption period shall be for ten (10) years, beginning January 1st following the year in
which final approval is given by the City Commission and the Palm Beach County Property
Appraiser has been instructed to provide such exemption. However, the City Commission shall
have the discretion to set a lesser term.
(b) The term of the exemption shall be specified in the resolution approving the exemption and shall
continue regardless of any changes in the authority of the City to grant such exemption or
change in ownership of the property. To retain an exemption, the historic. character of the
property and the improvements which qualified the property for an exemption must be
maintained in their historic state over the period for which the exemption was granted.,
LDR Section 4.5.1(M)(5)(a.b), provides the parameters for qualifying properties and improvements.
The subject property qualifies as it is considered contributing within the Del-Ida Park Historic District.
The following, (5)(b), identifies qualifying improvements:
(b) For an improvement ement to a historic property to qualify the property for an exemption, the
improvement must:
(i) be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as
amended,
(fi) be determined an improvement by the Historic Preservation Board as established in rules
adopted by the Department of State, Division, of Historical Resources, FAC IA-38, as
amended which defines a real property improvement as changes in the condition of real
property brought about by the expenditure of labor and money for the restoration, renovation,
or rehabilitation of such property. Improvements shall include, but are not limited to:
modifications, repairs, or additions to the principal contributing building and its associated
accessory structures (i.e. a garage, cabana, guest cottage, storagrelutility structures,
swimming pools), whether existing or new, as long as the new construction is compatible with
the historic character of the building and site in terms of size, scale, massing, design, and
materials, and preserves the historic relationship between a building or buildings, landscape
features, and open space. The exemption does not apply to improvements made to non-
contributing principal buildings or their non-contributing accessory structures.
214 SE 7th Avenue, Tax E xomptlon- Applie n, 2008-21,%-COA
HPB Meeting ALKW5f 20, 2008
Page 3 0,15
(W) be consistent with Section 4.5.1(E), "Development Standards", of the City's Land
Development Regulations, and
(iv) include, as part of the overall project, visible improvements to the exterior of the structure.
The project meets criteria (i) and (ii) through previous approval by the Board of the associated
improvements outlined above which constituted its compliance with the Secretary of the Interior's
Standards for Rehabilitation, as well as the rules of Florida Administrative Code 1A-38, promulgated by
the Florida Department of State, Division of Historical Resources. The development project meets
criterion (iii) per the COA approval which applied the LDR Development Standards in the assessment
of the proposal. Finally, the project meets criterion (iv) as the project encompasses visible
improvements to the exterior of the building and related property.
LDR Section 4.5.1(M)(7), Application for Exemption, provides that Part 1, Construction Application,
may be submitted before, during, or after qualifying improvements are initiated, and Part 2, the Final
ApplicationlRequest for Review of Completed Work, shall be submitted upon completion of the
qualifying improvements.
The qualifying improvements were completed prior to submittal of Parts 1 and 2 as the Certificate of
Occupancy was issued on April 2, 2008.
LDR Section 4.5.11(M)(8)(a), Part 1, Construction Application, requires that the submitted application
contain information concerning the estimated cost of the qualifying improvement and be accompanied
by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property.
The submitted estimated cost of the qualifying improvements has been calculated at $190,000.00.
However, the most recent tax bill has not been submitted and is therefore added as a condition of
approval.
LDR Section 4.5.1(M)(9), Review of Construction Application by the Historic Preservation Board,
requires that the Historic Preservation Board review the Construction Application within 60 days of the
Historic Preservation Planner's determination of eligibility, and, that if Part / of the Construction
Application is submitted after the project has been completed, the application must be submitted within
18 months from the date of issuance of a CO. Further, if the HPB determines that the work as proposed
is a qualifying improvement and is in compliance with the review standards contained in Section
4.5.1(E), the Construction Application and, if applicable, the COA shall be approved by the HPB.
However, if the HPB determines that the work as proposed is not a qualifying improvement or is not in
compliance with the review standards contained in Section 4.5.1(E), corrective measures shall be
prescribed by the Board.
As previously noted, the property received a Certificate of Occupancy on April 2, 2008 which was within
eighteen (18) months of the application submittal date. Therefore, the project is eligible for review and,
if the Board deems the request to be in compliance, it is recommended that the application be
approved.
LDR Section 4.5.1(M)(10)(a.c), Part 2,' Final ApplicationlRequest for Review of Completed Work,
Provides criteria for review of the final application:
(a) if the Historic Preservation Board determines that the work is a qualifying improvement and is
in compliance with the review standards contained in Section 4.5.1(E), the Board shall approve
the Final ApplicationlRequest for Review of completed Work and the Historic Preservation
Planner shall issue a written order to the applicant.
(b) The Final ApplicationlRequest for Review of Completed Work shall be accompanied by
documentation of the total expenditures of the qualifying improvements. Appropriate
documentation may include, but is not limited to, paid contractor's bills, AIA Forms 702-704,
canceled checks, copies of invoices, and an approved building permit application listing the
214 SF 701 Avenue. Tiy Fxomptlkm A,ppjir ), 2008-21,3-COA
HPB Niceting Aupust 20, 2008
Paae 4 of 5
cost of work to be performed. Upon the receipt of a Final ApplicationlRequest for Review of
Completed Work and all required supporting documentations, the Historic Preservation Board
shall conduct a review at a regularly scheduled public meeting to determine whether or not the
completed improvements are in compliance with the work described in the Construction
Application, approved amendments, if any, and Section 4.5.1(E). After the above mentioned
review, the Historic Preservation Board shall recommend that the City Commission grant or
deny the exemption.
(c) If the Historic Preservation Board determines that the work as completed is either not a
qualifying improvement or is not in compliance with the review standards contained in Section
4.5. l(E), the applicant shall be advised that the Final Application has been denied. The Historic
Preservation Planner shall provide a written summary of the reasons for the determination to
the applicant.
The "Final Application/Request for Review of Completed Work", Part 2, has been submitted as the work
is complete. The final application includes copies of the paid invoices for the work performed. The City's
Community Improvement Department has confirmed that a Certificate of Occupancy (CO) was issued
for the property on April 2, 2008,
LDR Section 4.5.1(M)(12),. Approval by the City Commission, notes that the approved Final
ApplicationlRequest for Review of Completed Work by the Historic Preservation Board shall be placed
by resolution on the agenda of the City Commission for approval. The resolution of the City
Commission approving the Final Application shall provide the name of the owner of the property, the
property address and legal description, a recorded restrictive covenant as provided in Section
4.5. 1 (M) (13) in the official records of Palm Beach County as a condition of receiving the exemption, and
the effective dates of the exemption, including the expiration date.
Should the HPB make a recommendation to approve the subject request, the item -will be placed on the
September 16, 2008 City Commission agenda for approval and subsequently forwarded to the Palm
Beach County Property Appraiser's Office and Planning and Zoning Department for recordation.
LDR Section 4.5.1(M)(13), Historic Preservation Exemption Covenant, explains the covenant required
in order to qualify for the exemption:
(a) To qualify for an exemption, the applicant must sign and return the Historic Preservation
Exemption Covenant with the Final Application/Request for Review of Completed Work. The
covenant as established by the Department of State, Division of Historical Resources, shall be
in a form approved by the City of Delray Beach City Attorney's Office and applicable for the
term for which the exemption is granted and shall require the character of the property and
qualifying improvements to be maintained during the period that the exemption is granted.
(b) On or before the effective date of the exemption, the owner of the property shall have the
covenant recorded in the official records of Palm Beach County, Florida, and shall cause 'a
certified copy of the recorded covenant to be delivered to the City's Historic Preservation
Planner. Such covenant shall be binding on the current property owner, transferees, and their
heirs, assigns and successors. A violation of the covenant shall result in the property owner
being subject to the payment of the differences between the total amount of the taxes which
would have been due in March of each of the previous years in which the covenant or
agreement was in effect had the property not received the exemption and the total amount of
taxes actually paid in those years, plus interest on the difference calculated as provided in Sec.
212,12(3), Florida Statutes.
LDR Section 4.5.1(M)(16)(a-d), Revocation Proceedings, provides guidelines to revocation of the tax
exemption upon violation of the recorded covenant
(a) The Historic Preservation Board may initiate proceedings to revoke the ad valorem tax
exemption provided herein, in the event the applicant, or subsequent owner or successors in
214 SE 7th Avenue, Tax Fxamplicin Aprnljr -, 2008-213-COA
HPB Meeting Augost 20, 2008
pne 5 of 5
interest to the property, fails to maintain the property according to the terms, conditions and
standards of the Historic Preservation Exemption Covenant.
(b) The Historic Preservation Planner shall provide notice to the current owner of record of the
property and the Historic Preservation Board shall hold a revocation hearing in the same
manner as in Section 4.5.1(M)(1 f1), and make a recommendation to the City Commission.
(c) The City Commission shall review the recommendation of the Historic Preservation Board and
make a determination as to whether the tax exemption shall be revoked. Should the City
Commission determine that the tax exemption shall be revoked, a written resolution revoking
the exemption and notice of penalties as provided in Paragraph 8 of the covenant shall be
provided to the owner, the Palm Beach County Property Appraiser, and filed in the official
records of Palm Beach County.
(d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property
Appraiser shall discontinue the tax exemption on the property as of January 1st of the year
following receipt of the notice of revocation.
The Sections noted above regarding the "Restrictive Covenant" and "Revocation Proceedings" are
provided to demonstrate that the tax exemption is binding, and if violated, the property owner would
have to comply with the consequences.
ANALYSIS
The tax exemption request complies with the criteria contained in LDR Section 4.5.1(M) as the Board
approved the associated improvements by making positive findings with respect to the applicable LDR
Sections, Defray Beach Historic Preservation Design Guidelines, and Secretary of the Interior's
Standards for Rehabilitation. Therefore, positive findings can be made with respect to LDR Section
4.5.1(M).
"'ALtERNAtv
A. Continue with direction.
B. Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption
Application, including Parts 1 and 2, regarding file 2006-236 for improvements to the property at
214 SE 7th Avenue, Marina Historic District, based upon positive findings with respect to LDR
Section 4.5.1(M).
C. Recommend denial to the City Commission of the complete Ad Valorem Tax Exemption
Application, including Parts 1 and 2, regarding file 2006-236 for improvements to the property at
214 SE 7th Avenue, Marina Historic District, based upon a failure to make positive findings with
respect to LDR Section 4.5.1(M). (Motion to be phrased in the affirmative. See above.)
RB�OOMENDAtibk,
Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application,
including Parts I and 2, regarding file 2006-236 for improvements to the property at 214 SE 7th
Avenue, Marina Historic District, based upon positive findings with respect to LDR Section 4.5.1(M),
subject to the condition that the most recent tax bill be submitted prior to review by* the City
Commission,
Report Prepared by. Amy E. Alvarez, Historic Preservation Planner
Attachments:
• Ad Valorem Tax Exemption Application
• Photographs of Before and After
• Plans approved by HPB
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PHONE (561) 6404800
ove:
McNeal c'u$,w
FACSIMILE (561)640-0576
(SIGNED] 811W
STATEWDE PHONE (800) 226-4807
CL YVE 0. WNEAC. PROFESSIONAL SURVEYOR AND MAPPERA2883
STATEWIDE FACSIMILE (800) 741-0576
DOS Form No. HR3EI01292
Read the attached instructions carefully before completing this application. Your application cannot be evaluated
unless it is complete and all required supporting materials are provided. - In the event of any discrepancy between the
application form and other supplementary material submitted with it (such as architectural plans, drawings and
specifications), the application form shall take precedence. Type or print clearly in black ink. If additional space is
needed, attach additional sheets.
V Wo
F?,R_!WUAT
1. Property identifibation and location:
Property Identification Number (from tax records): 3 -YS-t6 9 3 -60 3�1�chlegal description of property
Address of property: Street I q i5- E - T20 Ava
City PELAAct aF*/4,F153-[33Couty 'Bf JIF'-H Zip Code 3
) Individually National Register listed Locally designated historic property or landmark*
) In a National Register district In a locally designated district
For applications submitted to the Division ofHistorical Resources, attach a copy of the local designation report
for the property and the official correspondence notifying the property owner of designation.
Name of historic district- NA-PAA D15TA(cr
For locally designated historic properties or landmarks, or properties located in locally designated historic
districts, provide the following additional information:
Name of local historic preservation agency/officeCx-T-e
Mailing Address Kko 1,t>T A:,i
City , State Zip Code
Telephone Number /c& L
2. Type of request:,
Exemption under 196.1997, F.S. (standard exemption)
Exemption under 196,1998, F.S. (exemption for properties occupied by non-profit organizations or
government agencies and regularly open to the pubic) If applying under s. 196.1998, F.S., complete
Question 9 on page five.
3. Owner information:
Name of individual or organization owning the property 17-015rxr t tl. etc-em le
Mailing address
CityTF,LAkj SAA-eil State F410le f ID A _Zip code -3 3 4f 123
Daytime Telephone Number c 54) _ _� fo '?3 64
If the property is in multiple ownership, attach a list of all owners with their mailing addresses,
IN.
DOS form No. HR313101292
Revised 09103/00
Page Two — Historic Preservat ion Propeny Tax Exeniption Application
Property Identification Number -L(6- f6 85 000 02 to
Property Address 7tq
4. Owner Attestation: I hereby attest that the information I have provided is, to the best of my knowledge, correct,
and that I own the property described above or that I am legally the authority in charge of the property. Further, by
submission of this Application, I agree to allow access to the property by representatives of the Division of Historical
Resources or the Local Historic Preservation Office where such office exists, and appropriate representatives of the
local government from which the exemption is being requested, for the purpose of verification of information
provided in this Application. I also understand that, if the requested exemption is granted, I will be required to enter
into a Covenant with the local government granting the exemption in which I must agree to maintain the character of
the property and the qualifying improvements for the term f the exemption.
W 5 plexx
Name Signature I Date
Complete the following if signing for an organization or multiple owners:
Title Organization name
(To be completed only for properties in historic or archaeological districts):
5. Description of Physical Appearance:
-�526--4-
A i D rt on A-i- 5�YLe—c
W mAL F-rT
Date of ConstructionAgq�— 7 Date(s) of Alteration(s)
Has building been moved? ( )Yes O }No If so, when?
6. Statement of Significance:
--(0-
17
DOS Form No. HR3E101292
Revised 09/03/00
Property Identification Number 12 1613 3 0 2 to
Property Address f It V E. "DOG A+ '8:6* 1, F 1418 3
7. Photographs and maps:
Attach photographs and maps to application.
18
DOS Form No. HR3E101292
Revised 09/03100
(To be completed by all applicantsi;
Complete the blocks below. Include site work, new construction, alterations, etc.
Property Identification Number
I2- `!3-`f6- 1G- 133 -000 - 02.113
Property Address 2 1 g S• E. W A y ei ,j urE
�P€Lr7h-,r '0E-,+kN, FLcgrVA '334183
Feature V:*ZpNT- F t47*9Y
Approx. date of feature 2: 1005
Describe existing feature and its condition:
1930'x' M(WAAA L TIZADIT16NAL STe1t.E
1966 TWa ADDITIONS' New 5owrm
e,NT9 q T"tlttc( NEW FLt► UDA 12400M .
t Ut Mearm WESt' 40ptitoN T A-rtti
LAW001f IZOOMS -ALL ADt IMVS
CLAT 20,05
Photo no. Drawing no.
Feature 1946 FLOXt N V-10cM AMPIV
Approx. datc of feature 2 OC LS
Describe existing feature and its condition:
A 1946 ADvITIOV W(r/4 i3oTtl
FA0A)T- 5.10- GIU719y, A-Mj> VE-44
W657- EN?rtp'• Ff-kr lzaoF t Lout
��tLINEr
S7tLt�Ctu2E tA.t pooe /2ep,+tA
Photo no. 3 -4f . *.,..wing no.
Feature LLT (rr,ly 77-005
Approx. date of feature ktz. Zoos
Describe existing feature and its condition:
SM4tL. jLcoMS - "C'W c 3 F-D fz6°"t5 -'
TWo f3A"TA (ZOc,MS SrcSli� „7,�c.5'
LGW Cf- tGIma-s CUA1DE,t $")
L'tTr-" -rj OF 60406D, 179144 0o,*9,e
f*.rr601. 04.& 13AD (Ioa/N
Photo no. Wad Vg no.i -jA-"f IZCe X11
MOTO ". 00 8hrx ftcNt
'P .40tdO J&. j ( VjPG 17-44
PAOT61 U. ' t"r Mefle r
IF
Describe work and impact on ex� ling feature:
21008 F&$-r0A6A Ta 9tst-prz1eX 6w10,6 u-A
'2EmoUED VeteTlcArt. 13mcps f gfepocf -p 1w
SMOOTH sacra. 1jait(Zdu7At OoA,cps tN
aAezE0mos. Fit cN7 - Docctt'FGa fit yLOC,ttE
,oAf 0Ri611j,4C LF/taaT FACADE � SPAMS ?Ft---
LotOTH of MI'N EA !rgv pt A,uE.CcAtAaTrfi+
<s,u 8.0rof 5iof$' . GtldctPJO/J 5''0"fT0AfS.4utVly
20'x0*' APDt?'toat 1414-rctt11t4 01awri4e .
jj,Ets (Zook ott6,t Govrfge 13amp1mr,
11fd FI.P.1 teatap. ?1401'o# 2
Describe work and impact on existing feature:
2008 PE.Nov,Ep rZ0410A 000M,
C OMIrtz"c ?gyp Zo "tc 68i MOCtf/ju
06e=r AM64E 1+0,4yE,
C OM STlc9tc7r-,P ON Co,VCI2, re 8 *-5.E
WOW C C- A;CACrE W AZZ S CoVC-oe"
t0 rT14 5-?4cxo,14AT'CN14G eg!sr�,
,P,q a to '615.
Describe work and impact on existing feature:
Z0,06 AbDITIGM 7a'x,60f
Ni/ 4AW F root s Cc '001-* 'STR &9 c't
MA -Q+G�P Of 90WA1 Mott}tA $ To 5011
5'TF- aCT-""5
O PF -IVEP 0AUTRfMCtES r'O.Aj O&P
1-0 &)6(d 57T'X"crat2E,
Pnott)'9` 12 GrvivG 0000( 4ove l
13 /Vt�'t�t1�JiMfr'q°,.t �jiDtTLC'
q{0¢6tt tq- NEtU tawrES1 3dD (u,rt
p"yaa- 15- pito t hws -r-Sco iuoot
P ,,a t'7- toga) HkrsTr�( '5*TM
"S"
DOS Form No. HR312101292
Revised 09/03/00
Upon completion of the restoration, rehabilitation or renovation, return this form with photographs of the completed
work (views of site improvements, exterior and interior work for buildings) to the Division of Historical Resources
or the Local Historic Preservation Office, as applicable. These photographs must provide a comprehensive
description of the completed work. They should be the same views as the before photographs included in Part 2 of
the application. Type or print clearly in black ink. The final recommendation of the Division of Historical Resources
or the Local Historic Preservation Office, as applicable, with respect to the requested historic preservation property
tax exemption is made on the basis of the descriptions in this Request for Review of Completed Work.
1. Property identification and location:
Property Identification Number: 12 _e(7)
Address of property: Street � Iq ss. -**7-"'Av,:)u-wc
City Zip Code 41
County 779Wdy
2. Data on restoration, rehabilitation, or renovation project:
Project starting date �&(Guar 7,06-7 Project completion date: MA-!J
Estimated cost of entire project: $
Estimated costs attributed solely to work on historic buildings or archaeological site: $ jr 0 off`
3. Owner Attestation: I hereby apply for the historic preservation property tax exemption for the restoration,
rehabilitation or renovation work described above and in Part 2 of the Historic Preservation Property Tax Exemption
Application (Application) submitted for this project. I attest that the information provided is, to the best of my
knowledge, correct, and that in my opinion the completed project conforms to The Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and is consistent with the work
described in Part 2 of the Application. I also attest that I am the owner of the property described above or, if the
property is not owned by an individual, that I am the duly authorized representative of the owner. Further, by
submission of this Application and Request for Review of Completed Work (Request), I agree to allow access to the
property by representatives of the Division of Historical Resources or the Local Historic Preservation Office, where
such office exists, and appropriate representatives of the local government from which the exemption is being
requested, for the purpose of verification of information provided in the Application and this Request. I understand
that, if the requested exemption is granted, I will be required to enter into a Covenant with the local government
granting the exemption in which I must agree to maintain the character of the property and the qualifying
improvements for the term of the exemption. I also understand that falsification of factual representations in this
Application or Request is subject to criminal sanctions nursuant to the Laws of Florida.
F� 4315 6 M T •57ple—IFA 7006
Name Signature Date
Complete the following i( signing for an organization or multiple owners (See next page for additional owners)•
Title Organization name
=1
City
Daytime Telephone Number
K�
Zip Code
DOS FormNo. HR313101292
Revised 09/03/00
page Eleven - Request I for Review of Completed Work
List Additional Owners:
Name 5PtCjC9- till f
Street 1?5� A,4
City_ �t-Iii' ,fke- .State GG P Zip Code . ..............
Name
Street
City— state Zip Code
Name
Street
City State Zip Code
If there are additional owners, provide the indicated information for each on a separate sheet ref paper,
Property Identification Number 1 4-G - Z& -Cuo --O-L I C)
Property Address
The 64ucal Historic Preservation Office ( )Division has- reviewed Part 3 (Request for Review of Completed
Work) of the Historic Preservation Property Tax Exemption Application for the above named property and hereby:
09—Determines that the completed improvements to the property are consistent with the Secretary of the
Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildinas. and other
criteria set forth in Chapter IA-38, F.A.C., and, therefore, recommends approval of the requested historic
preservation tax exemption.
Determines that the completed improvements to the above referenced property are not consistent with the
Secretary of the Interior's StandarAs for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings and other criteria set forth in Chapter I A-38, F.A.C., and, therefore, recommends denial
of the requested historic preservation tax exemption for the reasons stated in the Review Comments
below.
Review Comments:
,rzl
DOS Form No. HR3E 101292
Revised 09/03/00
Page Twelve — Request for Review of Completed Work
Additional Review Comments attached? Yes( ) No
Signature - _{L�%
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TOTAL ®ULOINQ 2121 SF.
LEGAL DESCRIMON:
LOT 21, ORACEY`BYRB SU88tVtslON
CITY OF 11ELRAY BEACH, PLLIRLOA
PROPERTY ADDRESS:
214 SE 7TN AVENUE
DELRAY BEACH, PLORTOA 02483
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DOS Form No. HR3E111292
HISTORIC PRESERVATION PROPERTY TAX EXEMPTION COVENANT
This Covenant is made the 161h day of September, 2008, by Robert W. and Gloria K. Spicer,
(hereinafter referred to as the Owner) and in favor of the City of Delray Beach (hereinafter referred
to as the Local Government) for the purpose of the restoration, renovation or rehabilitation, of a
certain Property located at 214 SE 7th Avenue, Delray Beach, Florida which is owned in fee simple
by the Owner and is listed in the National Register of Historic Places or locally designated underthe
terms of a local preservation ordinance or is a contributing property to a National Register listed
district or a contributing property to a historic district under the terms of a local preservation
ordinance. The areas of significance of this property, as identified in the National Register
nomination or local designation report for the property or the district in which it is located are X
architecture, X history, archaeology.
The Property is comprised essentially of grounds, collateral, appurtenances, and improvements.
The property is more particularly described as follows (include city reference, consisting of
repository, book, and page numbers): Property Control Number 12- 43- 46- 16 -83- 000 -0210, Lot
21, Gracey -Byrd Subdivision of Block 119, of City of Delray (Formerly Linton), according to
the Plat thereof, recorded in Plat Book 10, page 52, Excepting therefrom the East 20 feet of
said lot deeded to the City of Delray Beach for Street purposes in Deed Book 341, Page 232,
of the Public Records of Palm Beach County, Florida.
In consideration of the tax exemption granted by the Local Government, the Owner hereby agrees
to the following for the period of the tax exemption which is from January 1, 2009 to December 31,
2018,
1. The Owner agrees to assume the cost of the continued maintenance and repair of said Property
so as to preserve the architectural, historical, or archaeological integrity of the same in order to
protect and enhance those qualities that made the Property eligible for listing in the National
Registerof Historic Places or designation underthe provisions ofthe local preservation ordinance.
2. The Owner agrees that no visual or structural alterations will be made to the Property without
prior written permission of the Local Historic Preservation Office. The address of the certified Local
Historic Preservation Office is, if one exists in the jurisdiction:
City of Delray Beach, Planning and Zoning Department
100 NW 1St Avenue
Delray Beach, Florida
561.243.7284
The address of the Division of Historical Resources is:
Bureau of Historic Preservation
Division of Historical Resources
R.A. Gray Building, 500 South Bronough Street
Tallahassee, Florida 32399 -0250
Telephone Number: (850) 487 -2333
3. [Only for properties of archaeological significance] The Owner agrees to ensure the protection of
the site against willful damage or vandalism. Nothing in the Covenant shall prohibit the Owner from
developing the site in such a manner that will not threaten or damage the archaeological resource,
provided that permission for alteration of the site is obtained pursuant to 2. above.
4. The Owner agrees that the Local Historic Preservation Office and appropriate representatives of
the Local Government, its agents and designees shall have the right to inspect the Property at all
reasonable times in order to ascertain whether or not the conditions of this Covenant are being
observed.
5. In the event of the non - performance or violation of the maintenance provision of the Covenant
by the Owner or any successor -in- interest during the term of the Covenant, the Local Historic
Preservation Office will report such violation to the Property Appraiser and Tax Collector who shall
take action pursuant to s.196.1997 (7), F.S. The Owner shall be required to pay the difference
between the total amount of taxes which would have been due in March in each of the previous
years in which the Covenant was in effect had the property not received the exemption and the total
amount of taxes actually paid in those years, plus interest on the difference calculated as provided
in s.212.12 (3), F.S.
6. If the Property is damaged by accidental or natural causes during the Covenant period, the
Owner will inform the Local Historic Preservation Office in writing of the damage to the Property,
including (1) an assessment of the nature and extent of the damage; and (2) an estimate of the
cost of restoration or reconstruction work necessary to return the Property to the condition existing
at the time of project completion. In order to maintain the tax exemption, the Owner shall complete
the restoration or reconstruction work necessary to return the Property to the condition existing at
the time of project completion on a time schedule agreed upon by the Owner and the Local Historic
Preservation Office.
7. If the Property has been destroyed or severely damaged by accidental or natural causes, that is,
if the historical integrity of the features, materials, appearance, workmanship, and environment, or
archaeological integrity which made the property eligible for listing in the National Register of
Historic Places or designation under the terms of the local preservation ordinance have been lost or
so damaged that restoration is not feasible, the Owner will notify the Local Historic Preservation
Office in writing of the loss. The Local Historic Preservation Office will evaluate the information
provided and notify the Owner in writing of its determination regarding removal of the Property from
eligibility for tax exemption. If the Local Historic Preservation Office determines that the property
should be removed from eligibility for tax exemption, it will notify the Property Appraiser of the
county in which the Property is located in writing so that the tax exemption can be canceled for the
remainder of the Covenant period. In such cases, no penalty or interest shall be assessed against
the Owner.
Page 2
8. If it appears that the historical integrity of the features, materials, appearance, workmanship, and
environment, or archaeological integrity which made the Property eligible for listing in the National
Register of Historic Places or designation under the terms of the local preservation ordinance have
been lost or damaged deliberately or through gross negligence of the Owner, the Local Historic
Preservation Office shall notify the owner in writing. For the purpose of this Covenant, "gross
negligence" means the omission of care which even inattentive and thoughtless persons neverfail
to take of their own property. The Owner shall have 30 days to respond indicating any
circumstances which show that the damage was not deliberate or due to gross negligence. If the
Owner cannot show such circumstances, he shall develop a plan for restoration of the property and
a schedule for completion of the restoration. In order to maintain the tax exemption, the Owner
shall complete the restoration work necessary to return the Property to the condition existing at the
time of project completion on a time schedule agreed upon by the Owner and the Local Historic
Preservation Office. If the Owner does not complete the restoration work on the agreed upon time
schedule, the Local Historic Preservation Office will report such violation to the Property Appraiser
and Tax Collector who shall take action pursuant to s.196.1997 (7), F.S. The Owner shall be
required to pay the difference between the total amount of taxes which would have been due in
March in each of the previous years in which the Covenant was in effect had the property not
received the exemption and the total amount of taxes actually paid in those years, plus interest on
the difference calculated as provided in s.212.12 (3), F.S.
9. The terms of this covenant shall be binding on the current Property Owner, transferees, heirs,
successors, or assigns.
This Covenant shall be enforceable in specific performance by a court of competent jurisdiction.
OW; NNEER:
"Name bignature e
6 Coe
ame
STATE OF Florida }
COUNTY OF Palm Beach }
0 b pgr 0,8
igna ure aif
The foregoing instrument was acknowledged before me this %�H day ofNt1VJBEk , �� ®8
byk� PE�'r �/, sPiC��E! '-�4-1-okM A: who have produced
as identification (if left blank personal knowledge existed).
( �
tary Signa e
R 7.- ?;Ie,G(X EGG
Printed name
LOCAL GOVERNMENT: City of Delray ea
Name of Authorized Local OfficiaL Signature - Date
Page 3