70-89~rtDTNA.~i E NO. 7 ~-fl9
P.Ld O:?DI*IANCE GF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, F?~ORIDA, DESIGNATING THE PROPERTY
K.HO'r1N AS ?'HE FONTAINE FOX HOUSE LOCATED AT 610 N.
OCEAN BOULEVARD, WHICH IS MORE FULLY DESCRIBED IN
EXHIBIT 1 TO THIS ORDINANCE, AS A LOCAL HISTORIC
;ITC; PROVIDING FGR CERTAIN REQUIREMENTS OF DESIGNA-
TION; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP
OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN
nVERLAY MANNER SAID DESIGNATION; PROVIDING A NON-
SEVEYZABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE;
AND PROVIDING FOR A SUNSET PROVISION.
WHEREAS, Chapter 174 of the City of Code of the City of Delray
Eeach provides for the designation and protection of historic sites;
WHEREAS, the owners of the Fontaine Fox House, a home designed
Y;y noted So~.th Florida architect John Volk for famed cartoonist and City
of Delray Beach resident Fontaine Fox, have nominated the Fontaine Fox
House to be designated as an historic site if certain variances and
waivers can be obtained from the City of Delray Beach.
WHEREAS, the Historic Preservation Board of the City of Delray
Beach prepared a designation report for the designation of Fontaine Fox
House as an historic site and Yield a duly noticed public hearing in
regard to the designation of the property as an historic site at which ,
no member of -the p~zblic spoke in opposition to the designation of the '.
property as an historic site; and, ',
WHEREAS, the Historic Preservation
Beach has recommended. that an September 20,
House be designated an historic site subjec
waivers proposed by the owner/applicant in
report; and
Board of the City of Delray
1989 that the Fontaine Fox
:t to certain variances and
the nomination/designation
WHEREAS, the City Commission of the City of Delray Beach has
conducted a duly noticed public hearing in regard to the designation of
the Fontaine Fox House as an historic site.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TAE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Designation.
The Fontaina Fox House is located at 610 N. Ocean which is
legally described on the survey which is attached and incorporated into
this Ordinance as Exhibit 1 and is hereby designated as the Fontaine Fox
~iistoric Site in accordance with and under the provisions of Chapter 174
of the City Code of the City of Delray Beach, subject to the terms of
this ordinance.
Section 2. Requirements of designation.
Notwithstanding any provision of the City Code of the City of
Delray Beach and any other provision of this Ordinance, the following
requirements shall apply to the use and development of the Fontaine Fox
Historic Site:
1) no more than three (3) dwelling units shall be used and
developed within the boundaries of the Fontaine Fox Historic Site;
and,
2) no dwe]ling unit used or developed on that portion of the
Fontaine Fox Historic Site which lies east of estate Road A-1-A
shall contain more than two thousand and four hundred {2,400)
square feet of gross floor area.
Sec~ion 3 . .'That the Planning Director of the City of Delray
Beach, Florida, shall, upon the effective date of this ordinance, amend
the zc~nzng man of Delray Beach, F7.orida, to show, in an overlay manner,
the above designation.
Section 4. .Se~rerability.
It is the intention of the City Commission of the City of
Delray Beach that this Ordinance and each. every of its terms be con-
sidered a part of a single while and that the Ordinance not be severable
and }hat if a court of competent jurisdiction finds that any section of
this Ordinance is unlawful or unenforceable the Ordinance shall be
unenforceable in its entirety.
Section 5. Effective Date.
This Ordinance shall become effective upon adoption on second ~
and final reading.
Section 6. Sunset Provision.
This Ordinance shall expire and be of no further legal force
and effect sixty (60) days after its effective date unless the
ownerlapplicant of the Fontaine Fox Historic Site has obtained the
following variances and necessary waivers:
1, A variation from the minimum lot area requirements of the I
R-1-AAA zoning district to allow the construction of a
single family detached dwelling on that portion of the ~
Fontaine For. Historic Site that lies east of State Road
A-1-A; and
2. a variation from the side yard setback requirements of
the R-1-AAA zoning district to allow the construction of
a single family detached dwelling within five (5? feet of
the north property line and five (5} feet of the south
property line of that portion of the Fontaine Fox
Historic Site which lies east of State Road A-1-A.
3, waiver of the 80 foot right-of-way requirement for State
Read A-1-A within the boundaries of the Fontaine Fox
Historic Site and the establishment of a b0 .,foot
right-af-way requirement for the purposes of any
municipal permit or development order.
PASSED AND ADOPTED in regular session on second and final
reading can this the 24th day of October 1989.
MAYOR
A1~EST
City Jerk
~'.irst P,eading October 10, 1989
Second Reading October 24, 1989
ORD. NO. 70-89
LEGAL DESCRIPTYON
The Suuth Half of Lot 4 lying West of State Road A-1-A, less the West 435.5 feet
thereof:'
that part of the South l0 feet of Lot 3 and the North half of Lot 4 lying West of State
Road A-1-A:' and
Lot 3, less the South 1~ feet thereof:'
Block E, Revised Plat of Blocks D and E, Palm Beach Shore Acres, Delray Beach, Palm
Beach Caunty, Flarida, according to the Plat thereof recorded in Plat Book 7 at page 38
of the Public Records of Palm Beach County, Florida,
` less the West 25 feet thereof for road right-of--way.
AND
that. part of the South 1 ~ feet of I.,ot 3 lying East of the Right-of-way of State Road A-
1-A.
Said land is subject to easements, reservations, restrictions, covenants and rights-af-way of
record.
• ~ .~ ^, ORB 6620 P~ 1731
R
f
I
_~; O2DI`LLNCE OF THE CIT`.' CONAIISS:ON OF THE CITY OF
DELPAY 9EACH, pT„OP.IDA, DESIGNATING THE PROPERTY
YNO'.IN AS THE FONTAINE FOX HOUSE LOCATED AT 610 N.
OCEAN BOULEVARD, WHICH IS MORE FULLY DESCRIBED IN
EXHIBIT 1 TO THIS FORD:NANCE. AS A LOCAL HISTORIC
EI :'D; pROVIDING FOR CERTAIN RE~f OREP42 ~5 ,O,2ONING~MAP
TION; PROVIDING FOR THE AM~1983" TO SAOW, IN AN
OF DELRAY BEACH, FLORIDA. _
SEVERABILrIT~YECLAUSE; PROVT_DINGNANP EFFECTIVEA DATE;
AND PROVIDING FOR A SUNSET PROV'I SION.
WHEREAS, Chapter 176 of the City of Code of the City of Delray
Beach Provides for the designation and protection of h±storic sites;
W.yEREAS, the owners of the Fontaine Fox House, a home designed
by noted South Florida architect John Volk for famed caztoonist and City ~ ,
of De]ray Beach resident Fontaine Fox, have nominated the Fontaine Fox ~ r
waivers cane be obt fined fromathe City of Delray Beachtain variances and
WHEREAS, the Historic Preservation Hoard of the City of Delray ~. _
Beach prepared a designation report fcr the designation of Fontaine Fox '
House as an historic site and held a duly noticed public hearing 1n
regard to the designation of the property as an historic site at which
no member of the public spoke in opposition to the designation of the.
property as an historic site; and,
WHEREAS, the Historic Preservation Board of the City of Delray
Beach has recorteeended that on September 20, 1989 that the Fontaine Pox
House be designated an historic site subject to certain variances and
waivers proposed by the owner/applicant in the nomination/designation i
report; and i
WHEREAS, the City Coc;eai.ssion of the City of Delray Beach has i
the Fontaine Pox Aouseeas nun historic site. regard to the designation of
i
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CONII~7ISSION OF THE -
CITY OF DELRAY BEACH. FLORIDA, AS FOLLOWS:
Section 1. Deaianation.
The Fontaine Fox House 1s located at 610 N. Ocean which is
legally described on the survey which is attached and incorporated into
this Ordinance as Exhibit 1 and is hereby designated as the Fontaine Fox
Historic Site in accordance with and under the provisions of Chapter 174
of the City Code of the City of Delray Beach, subject to the terms of
this Ordinance.
Section 2. Reouireme~ts of Desionation.
Notwithstanding any provision of the City Code of the City of
requirements shallaapplyhto thevuseoandfdevelopment~ofc thetFontaineFox
Historic Site:
I
' 1) no more than three (3) dwelling units shall be used a
I developed within the boundaries of the Fontaine Fox Historic Site;
and,
2) no Awe]ling unit used oz developed on that portion of the
shalllneontainHmorerithanttwohthousand andtfourShundredad2A6100A
square feet of gross floor area.
.,,, -~_ORe .6620
.I ,
~ ,
Seccion 3. :T;ar. the Ylnnn±ng Director of the City of Delray
Beach, Florida, shall, upon the effective date of this ordinance, amend
the coning mrp of Delray Beach, P].orida, to show, in an overlay manner,
the above designation.
Section 4. Severability.
it is the~lntention of the City Commission of the City of
Delray Seaeh that this Ordinance and each every of Its terms be con-
sidered a part of a single whole and that the Ordinance not be severable
and '_hat if a court of competent jurisdiction finds that any section of
this ordinance is unlawful or unenforceable the Ordinance shall be
unenforceable in its entirety.
Section 5. Effective Date.
This Ordinance shall become effective upon adoption oa second
and final reading.
Section 6. Sunset Provision.
This Ordinance shall expire and; be of no further legal force
and effect sixty (60) days after its effective date unless the
owner/applicant of the Fontaine Fox Historic Site has obtained the
following variances and necessary waivers:
Pe 1732
A variation from the minimum lot area requirements of the
?-1-AAA zoning district to allow the construction of a
single family detached dwelling on that portion of the
Fontaine For. Historic Site that lies east of State Road
A-1-A; and y__.._..~~_
2. a variation from the side yard setback requirements of
ahsingle faroilyidetached dwelling with aefives(5)cfeet of '•
the north property line and fire (5) feet of the south
property line of that portion of the Fontaine Fox
Historic Site which lies east of State Road A-1-A.
i
). waiver of the 80 foot right-of-way requirement for State '
Road A-1-A within the boundaries of the Fontaine Fox
Historic Site and the establishment of a 60 .foot '
right-of-way requirement for the purposes of any
municipal permit oz development order.
PASSED AND ADOPTED in regular session on second and final
reading nn this the 24th day of October 1989~.~~L~,~
L"~7""""`DES
A~TfTEST: MAYOR -
~'"~"~~7 ~" This instrument vac prepared by:
City~lerk
First Reading Oetobez 10. 1989 Jeffrey S. Kurtz, City Attorney
Second Readin 100 N.W. 1st Avenue
g_Oetobez 24, 1989 Delray Beach, FL 33444
I
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URD. NO. 70-89
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LEGAL DESCRIP'I1ON
1'~•
'`ORB b6~0 P9 133
'the South Half~~f I.ot 4 lyiag West of State Roed A-1•A, lea the Wat 4335 feet
thereat' L
that part of the South l0 feet of I.at 3 aad the North half of Lot 4 tying West of State
Road A•1•A:' and
l.ot 3, less the South 30 feet thereof:'
Block I" Revised Plat of Blocks D uad I" Palm Beach Shorc Acres, Deltay Bcach, Palm
Beach County, Florida, according to the Plat [hereof recorded in Plat Book 7 at page 36
of the Public Records of Palm Beech County, Florida.
lea she West 2S fees thereof for road right•of-way.
AND '
that port of the South 10 fee[ of I.ot 3 lying East of the Right•of-way of Swte Road A•
1•A.
Said land ix :object to ensemenu, reservations, restrlcdons, wvenants and rights-of-way of
record. t,
P 0O1HA
,qHN B. DUNp-E
~~ItCOURT