Res 13-00RESOLUTION NO. 13 - O0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX
EXEMPTION TO CARL S. & PATRICIA O. HAYES FOR THE
HISTORIC REHABILIATION OF THE PROPERTY LOCATED AT
1109 SEASPRAY AVENUE, DELRAY BEACH; AS FURTHER
DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED
IMPROVEMENTS ARE CONSISTENT WITH LAND
DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(M)(5);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City"), is
designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and
significant elements of the City's historical, cultural, social, economic, political, archaeological, and
architectural identity; and/or serve as visible reminders of the City's culture and heritage; and
WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to
authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic
properties for improvements to such properties which are the result of the restoration, renovation, or
rehabilitation of the historic properties; and
WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing
for an ad valorem tax exemption for the restoration, renovation, and/or improvement of historic
properties (Ordinance No. 50-96); and
WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to
increase interest in restoring, renovating, and improving the City's historic structures; and
WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final
Application/Request for Review of Completed Work, the Historic Preservation Planner shall present
such Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall
recommend that the Historic Preservation Board grant or deny the exemption; and
WHEREAS, the property owners filed a Preconstruction Application and received preliminary
approval from the Historic Preservation Board on March 18, 1998, for an ad valorem tax exemption
for the historic renovation and restoration of the property located at 1109 Seaspray Aveune, Delray
Beach; and
WHEREAS, the Historic Preservation Board reviewed the Completed Work Application on
January 19, 2000, for a determination that the completed improvements were consistent with LDR
Section 4.5. l(M)(5) and recommends approval to grant an ad valorem City tax exemption to Carl S. &
Patricia O. Hayes for the restoration, renovation, and improvement to the property located at 1109
Seaspray Avenue, Delray Beach.
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 1109 Seaspray Avenue, Delray Beach; as described in the application for ad
valorem tax exemption filed with the City, were consistent with LDR Section 4.5. l(M)(5).
Section 2. The City Commission hereby approves an ad valorem tax exemption to the property
owners, Carl S. & Patricia O. Hayes, for a ten year period, commencing on January 1, 2000, from
that portion of ad valorem taxes levied on the increase in assessed value, between the years 1/1/2000-
12/31/2009, resulting from the renovation, restoration, and rehabilitation of the property located at
1109 Seaspray Avenue, Delray Beach, which property is legally described as follows and which
improvements are described in HPB Certificate of Appropriateness No. 344:
LOT 11, SEASPRAY ESTATES, RECORDED IN PLAT BOOK 21,
PAGE 15 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA
Section 3. Prior to the ad valorem tax exemption described herein being effective, Carl S. &
Patricia O. Hayes 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.
ATTEST:
PASSED AND ADOPTED in regular session on the ls__~t day of February, 2000.
city Clerk~'- - ff
2 Res. No. 13-00