Res 56-10RESOLUTION NO. 56 -10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX
EXEMPTION TO JOHN AND CATHERINE MURPHY FOR THE
HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 220
DIXIE BOULEVARD, 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 Completed Work
Application for review by the Historic Preservation Board on September 15, 2010, of an ad valorem tax
exemption for the historic restoration, renovation, and improvement of the property located at 220 Dixie
Boulevard, and the Historic Preservation Board determined that the completed improvements were consistent
with LDR Section 4.5.1(M)(5) and recommended approval to grant an ad valorem City tax exemption to John
and Catherine Murphy for the restoration, renovation, and improvement to the property located at 220 Dixie
Boulevard.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission hereby determines that the completed improvements to the property
located at 220 Dixie Boulevard, as described in the application for ad valorem tax exemption filed with the
City, were consistent with LDR Section 4.5.1M(5).
Section 2. The City Commission hereby approves an ad valorem tax exemption to the property owner,
John and Catherine Murphy, for a ten year period, commencing on 1/1/11, from that portion of ad valorem
taxes levied on the increase in assessed value, between the years 1/1/11 — 12/31/20, resulting from the
renovation, restoration, and rehabilitation of the property located at 220 Dixie Boulevard, which property is
legally described as follows and which improvements are described in HPB Certificate of Appropriateness No.
2009 -220:
Southerly 25 feet of Lot 11, and Lot 12, Block 10, Del -Ida Park, Delray Beach, Florida
Section 3. Prior to the ad valorem tax exemption described herein being effective, John and Catherine
Murphy, 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 5th day of October, 2010.
ATTEST:
r�
City Clerk
PW564 Qt_ -
MAYO
2
Res No. 56 -10
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Amy Alvarez, Historic Preservation Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH: City Manager
DATE: September 29, 2010
Page 1 of 2
SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010
RESOLUTION NO 56 -10 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/
220 NORTH DIXIE BOULEVARD)
ITEM BEFORE COMMISSION
The item before the City Commission is approval of the tax exemption request for improvements to the
property located at 220 Dixie Boulevard, Del -Ida Park Historic District.
BACKGROUND
A contributing, circa 1947 one -story, ranch -style single - family residence exists on the property. The
structure's footprint originally measured 1,738 square feet (1,499 under -air, 239 in carport). In 2009, a
COA was administratively approved for the reconstruction of the front deck, and installation of impact -
resistant windows. At its meeting of August 19, 2010, the Historic Preservation Board approved a COA
for the following improvements:
Existing Residence — One -story additions to rear (south) and side (west) elevations to
accommodate storage, kitchen expansion, family room, and master suite.
Guest Cottage — New Construction of a one -story structure measuring 519 square feet (325 under -
air, 194 wood deck); An additional COA was administratively approved in 2010 for the addition of a
chikee but on the east elevation of the guest cottage.
ANALYSIS
The improvements, both interior and exterior, are complete, and a Certificate of Occupancy (CO) was
issued on April 15, 2010. The applicant is now applying for tax exemption status for those
improvements.
The HPB considered the tax exemption request at their September 15, 2010 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 after the eligible property improvements.
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Coversheet
Page 2 of 2
The applicant is now before the City Commission for final approval of the exemption 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 recording and final appraisal of the
improvements. Additional background and an analysis of the request are provided in the attached HPB
Memorandum Staff Report.
The request contains qualifying improvements under LDR Section 4.5.1(M)(5)(a)(i) -(iv) 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 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 15, 2010.
As mandated by LDR Section 4.5.1(M)(10), the Historic Preservation Board reviewed the Final
Application at its meeting of August 18, 2010, 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 on the agenda of the City Commission for approval by
resolution .
The expenditures associated with the qualifying improvements total approximately $110,000 -The tax
exemption 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 on the City and County portions for a period of
ten years from the date of approval.
RECOMMENDATION
Approve the tax exemption request, "Final Application Request for Review of Completed Work" for
site improvements to the property located at 220 Dixie Boulevard, Del -Ida Park Historic District, based
upon positive findings with respect to LDR Sections 4.5. 1 (M)(5)(a)(iii) and (M)(5)(b) and the Delray
Beach Historic Preservation Design Guidelines.
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RESOLUTION NO. 56 -10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX
EXEMPTION TO JOHN AND CATHERINE MURPHY FOR THE
HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 220
DIXIE BOULEVARD, 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 Completed Work
Application for review by the Historic Preservation Board on September 15, 2010, of an ad valorem tax
exemption for the historic restoration, renovation, and improvement of the property located at 220 Dixie
Boulevard, and the Historic Preservation Board determined that the completed improvements were
consistent with LDR Section 4.5. ] (M)(5) and recommended approval to grant an ad valorem City tax
exemption to John and Catherine Murphy for the restoration, renovation, and improvement to the property
located at 220 Dixie Boulevard.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission hereby determines that the completed improvements to the
property located at 220 Dixie Boulevard, 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
owner, John and Catherine Murphy, for a ten year period, commencing on 1/1/11, from that portion of ad
valorem taxes levied on the increase in assessed value, between the years 1 /l /11 — 12/31/20, resulting from
the renovation, restoration, and rehabilitation of the property located at 220 Dixie Boulevard, which
property is legally described as follows and which improvements are described in HPB Certificate of
Appropriateness No. 2009 -220:
Southerly 25 feet of Lot 11, and Lot 12, Block 10, Del -Ida Park, Delray Beach, Florida
Section 3. Prior to the ad valorem tax exemption described herein being effective, John and
Catherine Murphy, 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 , 201_
ATTEST:
City Clerk
2
MAYOR
HISTORIC PRESERVATION BOARD
MEMORANDUM STAFF REPORT
Applicant: John Murphy
Property Address: 220 Dixie Boulevard, Del -Ida Park Historic District
HPB Meeting Date: September 15, 2010 File No.: 2010 -217
ITEM BEFORE THE BOARD
The action requested of the Board is to approve the final Tax Exemption application related to
additions, alterations, and new construction of a detached guest cottage on a contributing property
located at 220 Dixie Boulevard, Del -Ida Park Historic District, pursuant to Land Development
Regulations (LDR) Section 4.5.1(M). negotiable
BACKGROUND /PROJECT DESCRIPTION
The subject property consists of the Southerly 25 feet of Lot 11, and Lot 12, Block 10, Del -Ida Park
Subdivision. Located within the Del -Ida Park Historic District, the subject property is zoned RO
(Residential Office). A contributing, circa 1947 one - story, ranch -style single - family residence exists on
the property, which is located on the south side of Dixie Boulevard between NE 2nd and 3`d Avenues.
The structure's footprint originally measured 1,738 square feet (1,499 under -air, 239 in carport).
In 2009, a COA was administratively approved for the reconstruction of the front deck, and installation
of impact- resistant windows replicating the window type and configuration of the original windows. At its
meeting of August 19, 2010, the Historic Preservation Board approved a COA for the following
improvements:
• Existing Residence — One -story addition to rear (south) and side (west) elevations to accommodate
storage, kitchen expansion, family room, and master suite.
• CMU addition consisting of 793 square feet;
• Remove existing screened enclosure to accommodate addition;
• Stucco finish to match existing building;
• Flat roof of carport extended to rear to accommodate storage addition;
• White, aluminum, impact - rated, single -light single -hung and casement windows, and French
doors installed throughout addition;
• Offset by 4" from the existing southeast corner to distinguish the new construction from the
existing building;
• Privacy wall extension measuring 5' in height and 7'6" in length at rear of east elevation;
• Two gable ends off the existing rear elevation, with a flat roof connector;
• Flat concrete tile on addition will match existing roof.
• Guest Cottage — New Construction
• One -story structure measuring 8'2" to top of beam, with a 4/12 pitch gable roof;
• Single -light sliding windows throughout;
• Footprint measuring 519 square feet (325 under -air, 194 wood deck);
• All finishes and colors to match the main residence as noted below.
An additional COA was administratively approved in 2010 for the addition of a chikee but on the east
elevation of the guest cottage.
The applicant is now before the Board to request review of the Tax Exemption Application for the
improvements stated above. In addition to the components associated with the approved addition, all
220 Dixie Boulevard; Final Tax Exemption Application 2010 -217
HPB Meeting September 15, 2010; Page 2 of 5
interior improvements are also eligible for the exemption. Landscaping associated with this project is
not permitted as a legitimate expenditure as it is not interpreted as a "site improvement," pursuant to
the Florida Administrative Code 1A -38.
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 the final 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 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;
(ii) be determined an improvement by the Historic Preservation Board as established in rules
adopted by the Department of State, Division of Historical Resources, FAC 1A -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, storage /utility 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
220 Dixie Boulevard; Final Tax Exemption Application 2010 -217
HPB Meeting September 15, 2010; Page 3 of 5
features, and open space. The exemption does not apply to improvements made to non-
contributing principal buildings or their non - contributing accessory structures.
(iii) 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.
STAFF COMMENT:
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
Application /Request for Review of Completed Work, shall be submitted upon completion of the
qualifying improvements.
STAFF COMMENT:
The qualifying improvements were completed prior to submittal of Part 2 as the Certificate of
Occupancy has been issued.
LDR Section 4.5.1(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.
STAFF COMMENT:
The submittal of the estimated cost of the qualifying improvements is pending, and is added as a
condition of approval. The historic exemption value resulting from the improvements will be
determined by the Property Appraiser's office.
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 I 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.
STAFF COMMENT:
As previously noted, the property received a Certificate of Occupancy on April 15, 2010 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 Application /Request 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
220 Dixie Boulevard; Final Tax Exemption Application 2010 -217
HPB Meeting September 15, 2010; Page 4 of 5
the Final Application /Request for Review of Completed Work and the Historic Preservation
Planner shall issue a written order to the applicant.
(b) The Final Application /Request 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
cost of work to be performed. Upon the receipt of a Final Application /Request 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
4.5.1(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.
STAFF COMMENT:
The "Final Application /Request for Review of Completed Work," Part 2, has been submitted as the
work is complete. The City's Community Improvement Department has confirmed that a Certificate of
Occupancy (CO) was issued for the property on April 15, 2010.
LDR Section 4.5.1(M)(12), Approval by the City Commission, notes that the approved Final
Application /Request 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.
STAFF COMMENT:
Should the HPB make a recommendation to approve the subject request, the item will be placed on
the October 7, 2010 City Commission agenda for approval and subsequently forwarded to the Palm
Beach County Property Appraiser's Office and the 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.
220 Dixie Boulevard; Final Tax Exemption Application 2010 -217
HPB Meeting September 15, 2010; Page 5 of 5
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
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)(10), 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 flied 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, Delray 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).
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption
Application for improvements to the property at 220 Dixie Boulevard, Del -Ida Park 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
for improvements to the property at 220 Dixie Boulevard, Del -Ida Park 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.)
RECOMMENDATION
Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application
for improvements to the property at 702 SE 2nd Street (fka 200 Marine Way), Marina Historic
District, based upon positive findings with respect to LDR Section 4.5.1(M) subject to submittal of the
estimated cost of qualifying improvements prior to City Commission consideration.
Report Prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments: Photographs of Before and After
DOS Form No.1-IR3L1012Y1
Revised. 09/03/00
.Property identification Number ,1
Property Address
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 charactcrof the property and the qualifying improvements for the term of the exemption.
'; > j � t . ? f 1 � -Yi! E t1 Gf r l G [ (� ` Ui rY t'ies" k 1 / rd's' ✓i} ! 7
Namc Signature x . Date
Complete the following if signing for an organization or multiple owners:
Title Organization name
� EVALUATION OF PROPERTY ELIGIBILITY
(To be completed only for properties in historic or archaeologic51 districts):
(% 5. Description of Physical Appearance:
f �
Date of Construction ! `1 41� Date(s) of Altcration(s) <
Has building been moved? ( )Yes (-)N-6 If so, when?
6. Statement of Significance:
ILI i
15
DDS Farm No. IIR3E101292
Revised 09103100
Page Ten
Upon completion of the restoration, rehabilitation or renovation, return this form with photographs of the completed
work (views ol' site improvements, exterior and interior work for buildings) to the Division of Historical Resources
or the I-Ax:al 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: t
Property Identification Number:-- �`-- }''1�`�J
Address of property: Street ✓1- {�` .--
City ,jX I tai County �7 at° I. Zip CodF
2. Data on restoration, rehabilitation, or renovation project: !
- Project starting date 2-- Project completion date:
Ftitirnated cost of entire project: $
i ' 'Esti mated costs attri buted solely to work on historic buildings or archaeological site:'%
3. Owner Attestation: I irereby 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 infonnation provided is, to the best of my
knowledge, correct, and that in my opinion the completed project conforms to The Secrctary of the Interior's
Standards fox 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 (lie 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, 1 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 c n tin• sancti3m rsuant to the Laws of Florida.
Name signature ( i.- Date
Complete the following if signing for an organization or inulliple owners (See next pttge.for additional owners):
Title
Mailing
City____
Daytime Telephone Numbcr
Organization name
23
Zip Code -__..._ .�...
List Additional Owners:
Nam
Scree
City.
State Zip Code
Name
Street
city-- state Zip Code . . ......
Name
Street
City
State-- --. Zip Code
DOS Form Na 11113F101292
Revised 09/03/00
If there are additional owners, provide the indicated infortuation for each on a separate sheet qj'palmr,
REVIEW OF COMPLETED WORK
For Local Historic Preservation Office or Division Use Only
Property Identification Number
'-T - P
Property Address K�
'Fh%',—/jNwal Historic Meservation Office ( )Division has reviewed Part 3 (Request for Review of Completed
Wor') of the Historic Preservation Property'fax Exemption Application for the above named property and hereby:
fe�f�et °nnines that the completed improvements to the property art ggusOgut with the Segjty1arj-qLjjLe.
Interior' va, and other
criteria set forth in Chapter IA-38, F.A.C., and, therefore, rgg-QMYjlgjids approval of the requested historic
preservation tax. exemption.
Determines that the completed improvements to the above referenced property
Secretary of the Interior's Standards for Rehabilitation and Guidelines for
Builjings., and other criteria set forth in Chapter IA-38, F.A.C., and, therefore, rcellnimenlLs denial
of the requested historic preservation tax exemption for the reasons stated in the Review Comments
below.
Review Comments:
24
TX)S F -orin No. 1116EI01292
Revised 0..9 /03/00
Additional Review Comments attached'? Yes( )
Typed or printed namee
Date
25
DOS Form No. IME101292
Revised 09 /03/00
PART 2 APPLICATION REVIEW
For Local Historic Preservation Office or Division Use Only
Property Identification Number _ jt = 7 t eI,
Property Addres. i
The( ).Local Preservation Office ( )Division has reviewed the Historic Preservation Property Tax Exemption
Application for the above named property and hereby:
Determines that improvements to the above referenced property ,,tire consistent with the Secrelrala of
Interior's Standards for Rehabilitation and Guidelines for h•> >ililitixl HiG Uric Buildinga, and the
criteria set forth in Chapter IA -38, F.A.C.
() Determines that improvements to the above referenced property sire it iot consistent nith the Seca tare
of Interior's Standards for Rehabilitation.and Guidelines for Relhabilitatinv Historic Buildinis, and the
criteria set forth in Chapter to -38, F.A.C. All work not consistent with the referenced Standards,
Guidelines and criteria are identified in the Review Comments. Recommendations to assist the
applicant in bringing the proposed work into compliance with the referenced Standards, GnUelin es
and criteria are provided in the Review Comments.
Review Comments,
Additional Review Comments attached? Yes( ) N -
Signatur
Typed or printed nam
Title
Date 07, 14-,>- / b' _
22
Property Identification Number
Property A
DOS Form No. I1.R3E101292
Rev ised W/030)
Property Use (To be completed by jjji kauW:
1. Use(s) before improve
2. Proposed use(s) after
Special Exemption (Complete only if applying for exemption under s. 196.1998, F.S. (property occupied
by non-profit organization or government agency and regularly open to the public):
NOTE', Applicants should check with local, officints to determine whether or not the exemption program offered by
their municipal government and /or county allows the special exemption provided try s. 196.1998, F.S.
1. Identify the governmental agency or non -profit organization that occupies the building or archaeological site:
2. Flow often does this organization or agency use the building or archaeological site?
3. For buildings, indicate the total useable area of the building in square feet. (For archaeological sites, indicate the
total area of the upland component in acres) square feet( ) acres( )
4. How much area does the organization or agency use ?. _square feet() acres( )
5. What percentage of the usable area does the organization or agency use?
6. Is the property open to the public { )Yes ( )No if so, when?
7. Are there regular hours? ( )Yes ( )No If so, what are they?
8. Is the property also open by appointment? ( )Yes ; )No
9. Is the property open Q111y by appointment? 6,AYes ( )No
RE
DOS Form No. IIR-313101292
Revised 09/03100
Property Identification Numtxr
Property Addrem-
7. Photographs and maps:
Attach photographs and mans to application.
W,
17,
(' Vr
Z/
t
im
(To be completed by all AUV&auW:
Complete the blocks below. Include site work, new construction, alterations, etc.
I — �
"1 1 &,
, '.. q
Property Identification Number
Property
Feature Awuz _
Approx. date of f8aturc� 176V, 2W)1�
.1, e is feature and its condition:
f
x Iti n c
Photo no. Z"' ". fjrawing no.
Feature -1 ILI 4/1-- -1
er A A
Approx. date of feature, 4W, - I- C�o¢
Describe existing feature and its condition:
I -
It-4-1 1 5
Aoto no.— Drawing no.
DOS rorm No. 1IR3EI01292
Revised 09KY3100
Page Four
20
Describe work and impact on existing feature:
3A4(
Describe work and impact on existing feature:
el" 'Itz-
Feature 'Ajq, Y 4 W 'Describe work and impact on existing feature:
C 4
Approx. date of fey wre Z,)e-6,
Describe existing feature and its condition:
ae
Photo no.— / Drawing no.
17
t.
MIL- ---Am
L.
'Ple-
Property Identification Number
Property Address
Feature
Approx. date of - ture
Describe existing feature and its condition:
e rw, 47�7
Photo no.-- Drawing no.
Feature ktlll�ax LeA)—P'O--
Approx. date of fca—WT---/�, �Zerylll
Describe existing feature and its condition:
Photo no. jZVP I Drawing no.
Feaujre—X4-,hVVr – ZZ;Wt'k"—
Approx, date of eature --- / I � Y �– 7– �"--7
WA)escribc existing feature and its condition:
1W
U
Photo no. Drawing no.
DOS Form No. 1-116E 10 1292
Revised (Y)103100
Describe work and impact on existing feature:
'V A qtr ji,'ffttc
Describe work and impact on existing feature:
All
ti.
V
Describe work- and impact on existing feature:
'1U1A
J7
in
2
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=I T 411.0 m
i2l �, //
r G'1 r fir" �' � .,.'
Property Identification Number
Property Address
/I
Feature t4
Approx, date of feature
Describe existing feature and its condition:
lzWel'"-4—
Photo no g no.—
d
Feature_ 7-
Approx. date of feature ---4,14 if 7, evg '
Describe existing feature and its condition:
Photo no.— Drawing no.--
DOS Dorm No. 14R3EI01292
Revised W1030)
Describe work and impact on existing feature:
57e
Describe work and impact on existing feature:
Feature - o,*, Describe work and impact on existing feature:
Approx. date of feature—A2nL,-Z-,-'" I )j '"', r's.
Describe existing feature and its condition:
Photo n*2-L
- Drawing no.—
-/-YL(
19
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34Wt,
DOS Form No. HR3E111292
HISTORIC PRESERVATION PROPERTY TAX EXEMPTION COVENANT
This Covenant is made the 5th day of October, 2010, by John Murphy and Catherine A. Murphy,
(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 220 Dixie Boulevard, 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
under the 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- 09 -29- 010 -0111,
Southwesterly 25 feet of Lot 11, and Lot 12, Block 10, Del Ida Park, Delray Beach, Florida,
according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for
Palm Beach County, Florida, recorded in Plat Book 9, page 52.
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, 2011 to December 31,
2020.
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
Register of Historic Places or designation under the provisions of the 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 never fail
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.
O E .
a e ,
0 A4
me
STATE OF Florida }
COUNTY OF Palm Beach }
i
r Date
ign tur
611-
Tate
The foregoing instrument was acknowledged before me this day of C
by�-Alvt- W'chOeUA- DIrW ,�( C0WW Jty1 �, who have produced ►:JX b l�►Vp� S In �I�
as identification (if left blank personal knowledge existed).
OFFICIAL SEAL
JACQUELINE A. HAWELWAN
NOTARY PUBI I Of NOW mvico
comm"Jon EXPW+.
LOCAL GOVERNMENT- City of Delray Bea
�elSon S. 01C L) I
Name of Authorized Local Official
Printed 775"lary Signature
name
Signature
Page 3
1 D - a-lo -1 D
Date