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Res 29-12RESOLUTION NO. 29-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO PAUL H. ZACKS AND MICHELE S. ZACKS. FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 109 FERN COURT, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(4(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 June 6, 2012, of an ad valorem tax exemption for the historic restoration, renovation, and improvement of the property located at 109 Fern Court, 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 Paul H. Zacks and Michele S. Zacks. for the restoration, renovation, and improvement to the property located at 109 Fern Court. 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 124 North Swinton 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 owner, Paul H. Zacks and Michele S. Zacks., for a ten year period, commencing on 1/1/13, from that portion of ad valorem taxes levied on the increase in assessed value, between the years 1/1/13 — 12/31/22, resulting from the renovation, restoration, and rehabilitation of the property located at 109 Fern Court, which property is legally described as follows and which improvements are described in HPB Certificate of Appropriateness No. 2011 -109: Lot 14 and Southwesterly 20' of Lot 15, Block 15, Del Ida Park Section 3. Prior to the ad valorem tax exemption described herein being effective, Paul H. Zacks and Michele S. Zacks, 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 'th law. `\ PASSED AND ADOPTED in regular session on the dap of , 2012. ATTEST: M A Y O City Clerk 2 Res No. 29 -12 Coversheet 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: June 27, 2012 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF JULY 5, 2012 RESOLUTION NO. 29-12 (TAX EXEMPTION REQUEST FOR ELIGIBLE EUPROVEMENTS)/109 FERN COURT Page 1 of 2 ITEM BEFORE COMMISSION The item before the City Commission is approval of the tax exemption request for improvements to the property located at 109 Fern Court, Del -Ida Park Historic District. BACKGROUND The subject property originally consisted of a circa 1954 ranch style structure designated as contributing to the Old School Square Historic District. At its meeting of August 3, 2011, the HPB approved a Certificate of Appropriateness (COA) for additions and alterations primarily associated with a one -story rear addition of approximately 824 square feet. ANALYSIS The improvements, both interior and exterior, are complete, and a Certificate of Occupancy (CO) was issued on March 22, 2012. The applicant is now applying for tax exemption status for those improvements. The HPB considered the tax exemption request at their June 6, 2012 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. The applicant is now before the City Commission for final approval of Part 2 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 recordation 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.l(M)(5)(a)(i) -(iv) and is http: // itwebapp /AgendalntranetBluesheet .aspx ?ItemID= 5735 &MeetinglD=381 7/10/2012 Coversheet Page 2 of 2 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 March 22, 2012. As mandated by LDR Section 4.5.1(M)(10), the Historic Preservation Board reviewed the Final Application at its meeting of June 6, 2012, 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 associated with the qualifying improvements total approximately $140,000. 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, "Part 2/Final Application Request for Review of Completed Work" for site improvements to the property located at 109 Fern Court, 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. http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 5735 &MeetingID =381 7/10/2012 RESOLUTION NO. 29 -12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO PAUL H. ZACKS AND MICHELE S. ZACKS. FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 109 FERN COURT, 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 June 6, 2012, of an ad valorem tax exemption for the historic restoration, renovation, and improvement of the property located at 109 Fern Court, and the Historic Preservation Board determined that the completed improvements were consistent with LDR Section 43.1(M)(5) and recommended approval to grant an ad valorem City tax exemption to Paul H. Zacks and Michele S. Zacks. for the restoration, renovation, and improvement to the property located at 109 Fern Court. 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 124 North Swinton 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 owner, Paul H. Zacks and Michele S. Zacks., for a ten year period, commencing on 1/1/13, from that portion of ad valorem taxes levied on the increase in assessed value, between the years 1/1/13 — 12/31/22, resulting from the renovation, restoration, and rehabilitation of the property located at 109 Fern Court, which property is legally described as follows and which improvements are described in HPB Certificate of Appropriateness No. 2011 -109: Lot 14 and Southwesterly 20' of Lot 15, Block 15, Del Ida Park Section 3. Prior to the ad valorem tax exemption described herein being effective, Paul H. Zacks and Michele S. Zacks, 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 ATTEST: City Clerk MAYOR Res No. 29 -12 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Applicant: Paul H. Zacks Property Address: 109 Fern Court, Del Ida Park Historic District HPB Meeting Date: June 6, 2012 File No.: 2012 -130 ITEM BEFORE THE BOARD The action requested of the Board is to approve the final Tax Exemption application for the new construction of an accessory structure on a contributing property located at 109 Fern Court, Del Ida Park Historic District, pursuant to Land Development Regulations (LDR) Section 4.5.1(M). BACKGROUND /PROJECT DESCRIPTION The subject property is located on Lot 14 and Lot 15, Block 5, Town of Delray and is zoned R -1 -AA (Single - Family Residential). The 9,800 square foot (70' x 140') property contained, prior to the subject project completion, a single - family residence measuring 1,473 square feet (under -air) and detached storage shed. The circa 1954 one - story, ranch -style structure is classified as contributing to the Del -Ida Park Historic District. At its meeting of August 3, 2011, the HPB approved a Certificate of Appropriateness for the following additions and alterations: • One -story "L" addition to rear of building • Size: 824 square feet • Interior Spaces: new master bedroom, laundry room, dining room • Covered Porch: 205 square feet along southwest elevation of addition, with wood column supports • Enclosure of existing covered patio for conversion to breakfast room • All windows to consist of aluminum, impact rated single -hung windows with either 414 or 6/6 light configuration • 10 -light French doors are proposed off the master bedroom and breakfast room • Colors & materials: To match existing A variance was also approved by HPB which reduced the side interior (northeast) setback from the required ten feet (10') to seven feet, eight inches (7'8 "). The original wall plane of the estructure on this elevation was located seven feet, two inches (7'2 ") from the property line. The addition was setback further from the side property line by six inches (6 "). The applicant is now before the Board to request review of the Tax Exemption Application for the aforenoted additions and alterations to the historic structure. 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. 109 Fern Court; Final Tax Exemption Application 2012 -430 HPB Meeting June 6, 2012; Page 2 of 5 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 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. 109 Fern Court; Final Tax Exemption Application 2012 -130 HPB Meeting June 6, 2012; Page 3 of 5 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 was issued on March 22, 2012. 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 submitted estimated cost of the total project is noted as $140,000. 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 1 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 March 22, 2012 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)(18)(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 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 109 Fern Court; Final Tax Exemption Application 2012 -130 HPB Meeting June 6, 2012; Page 4 of 5 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 March 22, 2012. 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 June 19, 2012 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 Attomey'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. 212.92(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 interest to the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exemption Covenant. 109 Fern Court; Final Tax Exemption Application 2012 -130 HPB Meeting June 6, 2012; Page 5 of 5 (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 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, 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 109 Fern Court, 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 109 Fern Court, 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 (2012 -130) for improvements to the property at 109 Fern Court, Del Ida Park Historic District, based upon positive findings with respect to LDR Section 4.5.1(M). Report Prepared by. Amy E. Alvarez, Historic Preservation Planner Attachments: Photographs of Before and After, approved plans. DART TWO - PROPERTY INFORMATION: Property Control Number; 12- 43- 46- 09 -29- 005 -0140 Legal Description (attach separate sheet if necessary): Del Ida Park Lt 14 and Sally 20 ft of Lt 15 Elk 5 (Del -Ida Park Historic District) Zoning Designation: R1AA Property is: x in a Local Historic District Individually Listed on Local Register in a National Register District Individually Listed on National Register Use of Property Prior to Improvements: single Family Use of Property After to Improvements: single Family Original Date of Construction: 1954 Dates of Previous Alterations: 1998.1999 Has the building ever been moved or relocated? ( )Yes ( JNo If so, when? From Where? Description of Physical Appearance Prior to Improvements: Provide information about the major exterior and interior features of the building. Describe the building in its existing condition (before improvement) -- not as it was when first built (unless unchanged) or as it will be after improvement. Note the architectural style, exterior construction materials (wood, brick, etc.), type of roof (flat, gable, hipped, etc.), number of stories, basic plan (rectangular, irregular, L- shaped, etc.), and distinguishing architectural features (placement and type of windows, chimneys, porches, decorative interior features or spaces). Describe any changes that have been made to the building since its original construction (Le_, additions, porch enclosures, new storefronts, relocation of doors and windows, and alterations to the interior). Other buildings on the property such as carriage houses, barns and sheds should also be described, Finally, discuss the way in which the building relates to others in the district in terms of siting, scale, material, construction, and date of construction. Ranch style single family residence. 1,185 square feet, rectangular in shape. See photos prior to improvements. Statement of Significance: Summarize how the building contributes to the significance of the district. This summary should relate to the significance of the district (including the district's period of significance) as identified in the National Register nomination or district designation documentation. Is it similar to other buildings in the district in scale, building materials, style, and period of construction? Note important persons from the past associated with the building, former uses of the property, and the name of the architect or builder, if known. Contributing structure to historic district. PART THREE — PROJECT INFORMATION 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) Project Start Date: 8 /2 9 / 11 Project Completion Date: _ 3 /2 2 /1.2 (Certificate of Occupancy Issued by Building Department) Total Estimated Project Costs: $140, 000 Total Project Cost Attributed Solely to the Historic Structure: $14 0, a o 0 PART FOUR: APPLICATION REQUIREMENTS Please provide one complete of all applicable items noted below. Iff Survey — Provide a copy of a survey from both before and after the improvements when the building footprint(s) has changed. IY Site Plan, Exterior Elevations, Floor Plans — As approved by the HPB. • Other Plans - i.e. Demolition Plan • Engineering or Other Reports ❑ Attachment Sheets -- When necessary. C2f Photographs — Provide a before and after photo of each exterior elevation, all new construction, and all interior improvements. Each page should contain a before and after photo of the same item; provide a corresponding description of the photos and the improvements. Photographs are not retumable. Polaroid photographs are not acceptable. Such documentation is necessary for evaluation of the effect of the improvements on the historic structure. Where such documentation is not provided, review and evaluation cannot be completed. This shall result in a recommendation for denial of the request for exemption. NOTE: All features should be identified with the approximate date, a description, and impact of work on existing feature. All pages should include the property address. IR Most Recent Tax Bill tR Applicable Fee, payable to the City of Delray Beach - See cover sheet. ❑ Executed Agent Authorization Form PART FIVE: APPLICATION REVIEW For Historic Preservation Planner Use Only. The Historic Preservation Planner has reviewed the Historic Preservation Property Tax Exemption Application for the subject property and hereby: ( ) Certifies that the above referenced property qualifies as a historic property consistent with the provisions of s. 196.1997 (11), F.S. ( ) Certifies that the above referenced property does not qualify as a historic property consistent with the provisions of s. 196.1997 (11), F.S. ( ) Certifies that the above referenced property qualifies for the special exemption provided under s._196.1998, F.S., for properties occupied by non - profit organizations or government agencies and regularly open to the public. ( ) Certifies that the above referenced property does not qualify for the special exemption provided under s.196.1998, F.S. The Historic Preservation Planner has reviewed the Historic Preservation Property Tax Exemption Application for the subject property and hereby: ( ) Determines that improvements to the above referenced property are consistent with the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and the criteria set forth in Chapter 1A -38, F.A.C. ( ) Determines that improvements to the above referenced property are not consistent with the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and the criteria set forth in Chapter 1A -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, Guidelines and criteria are provided in the Review Comments. The Historic Preservation Planner has reviewed the Historic Preservation Property Tax Exemption Application for the subject property and hereby: ( ) 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 Buildings, and other criteria set forth in Chapter 1A -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 [nterior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and other criteria set forth in Chapter 1A -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: Signature Typed or printed name Title ,PART SIX: 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 the Historic Preservation Planner of the City of Delray Beach, Planning and Zoning Department, 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 1 must agree to maintain the character of the property and the qualifying improvements for the term of the exemption. Paul H. Zacks �W j Name Signature Dat Complete the following if signing for an organization or multiple owners: Title Organization name I hereby apply for the historic preservation property tax exemption for the restoration, rehabilitation or renovation work as approved by the Historic Preservation Board. 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 approved by the Historic Preservation Board. 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, I agree to allow access to the property by Historic Preservation Planner of the City of Delray Beach, Planning and Zoning Department, 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 1 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 pursuant to the Laws of Florida. Paul H. Zacks Name Signature Dat Complete the following if signing for an organization or multiple owners: Title Organization name PART SEVEN: OWNER'S CONSENT AND DESIGNATION OF AGENCY (This form must be completed by ALL property owners) I , the fee simple owner of the following described (Owner's Name) property (give legal description): hereby petition to the City of Delray Beach for approval of a Tax Exemption Application for the property located at and affirm that is hereby designated (Applicants /Agent's Name) to act as agent on my behalf to accomplish the above. I certify that I have examined the application and that all statements and diagrams submitted are true and accurate to the best of my knowledge. Further, I understand that this application, attachments and fees become part of the Official Records of the City of Delray Be ch, Florida, and are not returnable_ Owner's Signature) The foregoing instrument was acknowledged before me this , day of I 24 Icy by ? �.�tP -- who is pers��onally known to me or has produced k�.,Qbwil A rh (type of identification) as identification and who did take an oath. (Printed Name of Notary Public) ( ignatur Notary Public) Commission # 0� t 3 35°, , My Commission Expires a + L'. (NO E S. DONOHUE ->. .5 Commission# EE 183352 Expires May 14, 2016 —9, Bonded itrcuTmyPainlneurolKaA(Ip385701P CITY OF DELRAY BEACH HISTORIC PRESERVATION. BOARD ORDER In Re: 109 Fern Court, Del -Ida Park Historic District Paul and Michelle Zacks, Property Owners/Applicant GE Architecture, Inc., Authorized Agent Following consideration of all the evidence and testimony presented at the August 3, 2011 meeting before the Historic Preservation Board for the City of Delray Beach and Pursuant to LDR Section 2.4.6(H)(5), prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. The Historic Preservation Board finds that there is ample and competent substantial evidence to support its findings that the application for Consideration of a Certificate of Appropriateness (2011 -109) for additions and alterations and a Variance to reduce the side interior setback pursuant to LDR Section 2.2.6(D) which requites a minimum front setback of ten feet (10') on the property referenced above is hereby V granted denied by a vote of_,S -. Pursuant to LDR Sections 2.4.7(E )(1) and 2.4.7(E)(3)(a), a decision of the Historic Preservation Board may be appealed to the City Commission so long as a letter of appeal is received by the City Clerk within ten (10) working days of the action being appealed. 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