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HISTORIC PRESERVATION BOARD
CITY OF DELRAY BEACH ---STAFF REPORT ---
MEETING DATE: August 3, 2016
ITEM: 1029 Nassau Street, Nassau Park Historic District (2016-027) —
Consideration of a Historic Property Ad Valorem Tax Exemption associated
with approved additions and alterations to a contributing structure.
RECOMMENDATION: Recommend approval to the City Commission
GENERAL DATA:
Owner/Applicant..................... James Douglas
Location ................................. Northwest corner of Nassau Street
and Gleason Street
Property Size .......................... 0.14 acres
Zoning District ........................ R-1 -A (Single -Family Residential)
M
Langer Way
A
Casuarina Rd NORTH
ITEM BEFORE THE BOARD
The action requested of the Board is to approve a Historic Property Ad Valorem Tax Exemption
Application for improvements to a contributing structure located at 1029 Nassau Street, Nassau Park
Historic District, pursuant to Land Development Regulations (LDR) Section 4.5.1(J).
BACKGROUND/PROJECT DESCRIPTION
The subject property measures approximately 5,584 square feet and consists of Lot 1, Wheatley's
Subdivision, within the Nassau Park Historic District. The property, which is zoned R -1-A (Single -Family
Residential), is located on the northwest corner of Nassau Street and Gleason Street. The existing,
circa 1941 single family residence is classified as contributing to the historic district.
At its meeting of April 3, 2013, the Historic Preservation Board approved COA (2013-114) for the
reconstruction and addition to the main historic residence, including a single -car garage, cabana, and a
swimming pool.
It was stated that the improvements were to include a two story addition to the existing historic structure
by providing additional living space along the north side of the dwelling. The existing, flat roof
garage/storage area, which is not original to the structure, was demolished and the addition was
constructed in its place. The stucco exterior of the historic structure will be maintained on the lower
story; stucco simulated siding was proposed for the upper story. The hip roof style of the original
structure will be included in the new addition, as well. The new windows were differentiated utilizing a
varying light pattern. The original structure contains 6/6 sash windows, while the addition will consist of
6/1 and 2/1 windows. A variance was also approved to reduce the rear (north) setback to 4.2', whereas
a 10' setback was required.
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 ad
valorem tax exemption as the project has been completed.
The applicant is now before the Board to request review of the Tax Exemption Application for the
aforenoted site and building improvements. 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. (The attachments in this report include an architectural significance report,
architectural drawings, and before and after photographs of the completed project).
AD VALOREM TAX EXEMPTION
Pursuant to LDR Section 4.5.1(J), Tax Exemption for Historic Properties, a tax exemption is
available for improvements to qualifying contributing properties in a designated historic district or
individually designated properties, as listed in Section 4.5.1(1). Qualifying properties shall be exempt
from that portion of ad valorem taxation levied by the City of Delray Beach on one hundred percent
(100%) of the increase in assessed value resulting from any HPB approved renovation, restoration,
rehabilitation, or other improvements of the qualifying property made on or after the effective date of the
original passing of Ordinance 50-96 on November 19, 1996.
Pursuant to LDR Section 4.5.1(J)(1), 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.
1029 Nassau Street, Tax Exemption Application 2016-027
HPB Meeting August 3, 2016; Page 2 of 4
Pursuant to LDR Section 4.5.1(J)(2), the exemption period shall be for ten (10) years, unless a lesser
term is set by the City Commission.
(a) 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 authorize such exemption or
change in ownership of the property.
(b) 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 authorized.
Pursuant to LDR Section 4.5.1(J)(4), the parameters for qualifying properties and improvements. The
subject property qualifies as it is listed on the Local Register of Historic Places. LDR Section
4.5.1(J)(5) requires that for an improvement to a historic property to qualify the property for an
exemption, the improvement must:
(a) be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as
amended; and
(b) be a constructed and/or installed improvement as approved by the Historic Preservation
Board and as established in rules adopted by the Department of State, Division of Historical
Resources, FAC 1A-38, as amended which defines real property improvements 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. The exemption does not apply to
improvements made to non-contributing principal buildings, existing non-contributing
accessory structures, or undesignated structures and/or properties; and,
(c) be consistent with Section 4.5.1(E), "Development Standards", of the City's Land
Development Regulations; and
(d) include, as part of the overall project, visible improvements to the exterior of the structure.
The project meets the above criteria through previous approval by the Board of the associated
improvements outlined above which constitutes 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 (c) per the COA approval which applied the LDR Development Standards in the assessment of
the proposal. Finally, the project meets criterion (d) as the project encompasses visible improvements
to the exterior of the building and related property.
Pursuant to LDR Section 4.5.1(J)(7), any property owner, or the authorized agent of the owner, that
desires an ad valorem tax exemption for the improvement of a historic property must submit a Historic
Property Tax Exemption Application to the Planning and Zoning Department upon completion of the
qualifying improvements.
(a) The application shall indicate the estimated cost of the total project, the estimated cost
attributed solely to the historic structure, and project completion date as determined by the
Certificate of Occupancy issued by the Building Department.
(b) The Historic Property Tax Exemption Application shall be accompanied by a copy of the most
recent tax bill from the Palm Beach County Property Appraiser for the property; a new
property survey illustrating the improvements; a copy of the building permit application
indicating estimated project cost; a copy of the Certificate of Occupancy/Final Inspection; and
photographs illustrating the before and after of each improvement, including both the interior,
exterior, and all new construction. The photographs shall be identified with a date and
description indicating the impact of the improvement.
(c) The application must be submitted within three (3) months from the date of issuance of a
Certificate of Occupancy.
(d) The Historic Preservation Planner will inspect the completed work to verify such compliance
prior to Historic Preservation Board review.
1029 Nassau Street, Tax Exemption Application 2016-027
HPB Meeting August 3, 2016; Page 3 of 4
a. If the Historic Preservation Board determines that the work is a qualifying improvement
and is in compliance with the approved plans and the review standards contained in
Section 4.5.1(E), the Board shall recommend that the City Commission grant the Historic
Property Tax Exemption Application.
b. Upon a recommendation of approval of a Historic Property Tax Exemption Application by
the Historic Preservation Board, the application shall be placed by resolution on the
agenda of the City Commission for approval. The resolution of the City Commission
approving the application shall provide the name of the owner of the property, the property
address and legal description, a recorded restrictive covenant 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.
c. If the Historic Preservation Board determines that the work as completed is either not
consistent with the approved plans or is not in compliance with the review standards
contained in Section 4.5.1(E), the applicant shall be advised that the request has been
denied.
The qualifying improvements were completed and submitted on October 30, 2015, within three months
of the Certificate of Occupancy which was issued on August 26, 2015. The tax exemption will be limited
to the increase in assessed value (as determined by the Palm Beach County Property Appraiser)
resulting from the subject improvements and provide an abatement of taxes on the City and County
portions for a period of ten years from the date of approval.
Pursuant to LDR Section 4.5.1(J)(8), Historic Preservation Exemption Covenant, the covenant
required in order to qualify for the exemption:
(a) To qualify for an exemption, the applicant must sign and return the Historic Preservation
Exemption Covenant with the Final Application/Request for Review of Completed Work. The
covenant as established by the Department of State, Division of Historical Resources, shall be
in a form approved by the City of Delray Beach City Attorney's Office and applicable for the
term for which the exemption is granted and shall require the character of the property and
qualifying improvements to be maintained during the period that the exemption is granted.
(b) On or before the effective date of the exemption, the owner of the property shall have the
covenant recorded in the official records of Palm Beach County, Florida, and shall cause a
certified copy of the recorded covenant to be delivered to the City's Historic Preservation
Planner. Such covenant shall be binding on the current property owner, transferees, and their
heirs, assigns and successors. A violation of the covenant shall result in the property owner
being subject to the payment of the differences between the total amount of the taxes which
would have been due in March of each of the previous years in which the covenant or
agreement was in effect had the property not received the exemption and the total amount of
taxes actually paid in those years, plus interest on the difference calculated as provided in Sec.
212.12(3), Florida Statutes.
LDR Section 4.5.1(J)(10), 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.
1029 Nassau Street, Tax Exemption Application 2016-027
HPB Meeting August 3, 2016; Page 4 of 4
(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.
The tax exemption request complies with the criteria contained in LDR Section 4.5.1(J) as the Historic
Preservation Board approved the associated improvements by making positive findings with respect to
the applicable LDR Sections and Secretary of the Interior's Standards for Rehabilitation. Therefore,
positive findings can be made with respect to LDR Section 4.5.1(J).
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Recommend approval to the City Commission of the complete Historic Property Ad Valorem Tax
Exemption Application for improvements to the property at 1029 Nassau Street, Nassau Park
Historic District, based upon positive findings with respect to LDR Section 4.5.1(J).
C. Recommend denial to the City Commission of the complete Historic Property Ad Valorem Tax
Exemption Application for improvements to the property at 1029 Nassau Street, Nassau Park
Historic District, based upon a failure to make positive findings with respect to LDR Section
4.5.1(J).
RECOMMENDATION
Recommend approval to the City Commission of the Historic Property Ad Valorem Tax Exemption
Application (2016-027) for improvements to the property at 1029 Nassau Street, Nassau Park
Historic District, based upon positive findings with respect to LDR Section 4.5.1(J).
HISTORIC PRESERVATION BOARD
MEMORADUM STAFF REPORT
Applicant/
Property Owner: James & Janie Douglas Authorized Agent: Steve Seibert
Property Address: 1029 Nassau Street, Nassau Park Historic District
HPB Meeting Date: April 3, 2013
ITEM BEFORE THE BOARD
File No.: 2013-114
The item before the Board is the consideration of a Certificate of Appropriateness (COA) and Variance
request associated with alterations and additions to the contributing structure located at 1029 Nassau
Street, Nassau Park Historic District, pursuant to LDR Section 2.4.6(H).
Pursuant to LDR Section 2.2.6(D)(6), the Historic Preservation Board (HPB) shall act on all variance
requests within a historic district or on a historic site, which otherwise would be acted upon by the
Board of Adjustment.
BACKGROUND & PROJECT DESCRIPTION
The subject property measures approximately 5,584 square feet and consists of Lot 1, Wheatley's
Subdivision, within the Nassau Park Historic District. The property, which is zoned R-1 -A (Single -Family
Residential), is located on the northwest corner of Nassau Street and Gleason Street. The existing,
circa 1941 single family residence is classified as contributing to the historic district.
There are no previous Certificates of Appropriateness on file.
The subject request is to add on to the existing historic structure by providing additional living space
along the north side of the dwelling. The existing, flat roof garage/storage area, which is not original to
the structure, will be demolished and a two-story addition will be constructed in its place. The existing
wall plane sits approximately 15,8' from the east property line, this setback will be maintained with the
new addition. However, the addition, which will have a larger footprint by approximately 247 square
feet, will decrease the rear yard setback from 9.9' to 4.2'. The stucco exterior of the historic structure
will be maintained on the lower story; stucco simulated siding is proposed for the upper story. The hip
roof style of the original structure will be included in the new addition, as well. The windows, however,
will provide additional differentiation by utilizing a varying light pattern. The original structure contains
616 sash windows, while the addition will consist of 611 and 2/1 windows.
The existing color scheme will remain as exists: Light green stucco walls, white fascia, doors, and
windows, and black shutters.
A variance has been requested to reduce the rear (north) setback to 4.2', whereas 10' is required.
The COA and variance request are now before the Board for consideration.
1029 Nassau Street, COA 2013-114
HPB Meeting of April 3, 2013
Page 2 of 0
ANALYSIS OF PROPOSAL
Items identified in the Land Development Regulations shall specifically be addressed by the
body taking final action on the site and development applicationlrequest.
Pursuant to LDR Section 2.4.6(1-1)(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.
Zoning and Use Review
Pursuant to LDR Section 4.3.4(x), Development Standards, properties located within the R -1-A
zoning district shall be developed according to the requirements noted in the chart below. As illustrated,
the proposal is not in compliance with the applicable requirements, and therefore, a variance has been
requested.
STAFF COMMENT:
As illustrated in the chart above, the proposed improvements maintain the existing side street
setback, while further encroachment into the rear setback is proposed. Therefore, a variance has
been requested to further reduce the rear setback to 4.2'. A variance analysis is provided further in
this report.
Article 4.5, Overlay and Environmental Management Districts
Section 4.5.1: Historic Preservation: Designated Districts, Sites, and Buildings
Pursuant to LDR Section 4.5.1(E), Development Standards, all new development or exterior
improvements on individually designated historic properties and/or properties located within historic
districts shall, comply with the goals, objectives, and policies of the Comprehensive Plan, the Delray
Beach Historic Preservation Design Guidelines, the Secretary of the Interior's Standards for
Rehabilitation, and the Development Standards of this Section. Relief from Subsections (1) through (9)
below may be granted by seeking a waiver approvable by the Historic Preservation Board, unless
otherwise stated
Pursuant to LDR Section 4.5.1(E)(2)(b)(2), Major Development, the subject application is considered
"Major Development" as it is "the construction, reconstruction, or alteration of a building in excess of
twenty-five percent (25%) of the existing floor area, and all appurtenances, except for properties zoned
CBD, CF, or OSSHAD, subject to Development Standards of Section 4.4.13(F). For the purposes of
this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of
passage of this ordinance in 2008."
STAFF COMMENT:
The proposed improvements are therefore considered "Major Development" in accordance with the
LDR noted above.
Required
Existing
Proposed
Side Street Setback (East)
Rear Setback (North)
15'
15.8'
15.8'
10,
9.9'
4.2'-4.5'
STAFF COMMENT:
As illustrated in the chart above, the proposed improvements maintain the existing side street
setback, while further encroachment into the rear setback is proposed. Therefore, a variance has
been requested to further reduce the rear setback to 4.2'. A variance analysis is provided further in
this report.
Article 4.5, Overlay and Environmental Management Districts
Section 4.5.1: Historic Preservation: Designated Districts, Sites, and Buildings
Pursuant to LDR Section 4.5.1(E), Development Standards, all new development or exterior
improvements on individually designated historic properties and/or properties located within historic
districts shall, comply with the goals, objectives, and policies of the Comprehensive Plan, the Delray
Beach Historic Preservation Design Guidelines, the Secretary of the Interior's Standards for
Rehabilitation, and the Development Standards of this Section. Relief from Subsections (1) through (9)
below may be granted by seeking a waiver approvable by the Historic Preservation Board, unless
otherwise stated
Pursuant to LDR Section 4.5.1(E)(2)(b)(2), Major Development, the subject application is considered
"Major Development" as it is "the construction, reconstruction, or alteration of a building in excess of
twenty-five percent (25%) of the existing floor area, and all appurtenances, except for properties zoned
CBD, CF, or OSSHAD, subject to Development Standards of Section 4.4.13(F). For the purposes of
this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of
passage of this ordinance in 2008."
STAFF COMMENT:
The proposed improvements are therefore considered "Major Development" in accordance with the
LDR noted above.
102-gNJassatf2G11-i,,i
or L
Pursuant to LDR Section 4.5.1(E)(4), Alterations, in considering proposals for alterations to the
exterior of historic buildings and structures and in applying development and preservation standards,
the documented, original design of the building may be considered, among other factors.
Pursuant to LDR Section 4.5.1(E)(5), Standards and Guidelines, a historic site, building, structure,
improvement, or appurtenance within a historic district shall only be altered, restored, preserved,
repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's
Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as
amended from time to time.
The applicable Standards are noted below:
A property shall be used for its historic purpose or be placed in a new use that requires minimal
change to the defining characteristics of the building and its site and environment. -Standard 1
The historic character of a property shall be retained and preserved. The removal of historic
materials or alteration of features and spaces that characterize a property shall be avoided. -
Standard 2
New additions, exterior alterations, or related new construction shall not destroy historic materials
that characterize the property. The new work shall be differentiated from the old and shall be
compatible with the massing, size, scale, and architectural features to protect the historic integrity of
the property and its environment. -Standard 9
New additions and adjacent or related new construction shall be undertaken in such a manner that if
removed in the future, the essential form and integrity of the historic property and its environment
would be unimpaired. -Standard 10
STAFF ANALYSIS:
In consideration of the applicable Standards noted above, the proposal appears to have taken them
into consideration and meets their intent. The historic use of the property as a single family residence
is being maintained, and expanded, with changes which will not after those defining characteristics of
the historic structure. The new additions and alterations do not compromise the property and are
differentiated from the historic elements with slight deviations such as the materials and light patterns
of the windows.
Based on the above, positive findings can be made with respect to compliance with the subject
Section.
Pursuant to LDR Section 4.5.1(E)(8), Visual Compatibility Standards, New construction and all
improvements to both contributing and noncontributing buildings, structures and appurtenances thereto
within a designated historic district shall be visually compatible, In addition to the Zoning District
Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for
in this Section with regard to height, width, mass, scale, facade, openings, rhythm, material, color,
texture, roof shape, direction, lot coverage, and square footage, and other criteria set forth elsewhere in
Section 4.5.1.
STAFF ANALYSIS:
In consideration of the Visual Compatibility Standards, the proposed additions and alterations are in
compliance with the technical requirements of "Height" and "Scale". Further, the materials, colors, and
architectural style are appropriately designed, and the proposal also meets the intent of the rest of the
Standards. Therefore, positive findings can be made with respect to the application of the subject
Section.
9029 Nassau Street; COA 2013-114
IAPB Meeting of April 3, 2713
Page 4 of 6
4.6.9, Supplemental District Regulations
Pursuant to LDR Section 4.6.9(C)(2)(a), Requirements for Residential Uses: Single Family
Detached Residences, including Assisted Living Facilities, two spaces per dwelling unit. Tandem
parking may be used provided that in the Single Family (R-1 District) or RL District, no required parking
space may be located in a required front or street side setback.
STAFF COMMENT:
The existing conditions provide parking for one vehicle in the concrete driveway which measures 15.8'.
This measurement will be maintained with the proposed improvements. However, it is recommended
that the driveway, which measures 12.6' wide, be widened by 4.9' to accommodate an additional
vehicle on site. The recommended measurement of 4.9' will result in the maintenance of a 5' landscape
buffer adjacent to the north property line. As an alternative, the property owner could opt to provide a
concrete or paver ribbon drive adjacent to the existing driveway, so as to avoid additional hardscape.
These suggestions have been added as a condition of approval.
Article 5.3, Dedication and Impact Requirements
Pursuant to LDR Section 5.3.1(D), Right -of -Way Dimensions, the required width for Gleason Street,
a Local Residential Street without a curb and gutter, is 60'. The existing width of Gleason Street
measures 40'. A determination was made to reduce the right of way width requirement and to maintain
the existing 40' at the DSMG (Design Services Management Group) meeting of March 28, 2013.
However, it was determined that a five foot (5') sidewalk easement would need to be provided along
Gleason Street. This requirement, along with a request for deferred installation, has been added as a
condition of approval.
Additionally, the right of way requirement for Nassau Street is also 60'. The existing width of Nassau
Street measures 28.8'. The DSMG determined that the required width of Nassau Street could be
reduced to 30', thereby requiring a .6' right of way dedication, as well as a 5' sidewalk easement along
the property adjacent to Nassau Street. The request to defer installation of the sidewalk would also be
required and supported.
While it not anticipated that a sidewalk would be installed by the City in the near future, it should be
noted that other recent applications for additions to properties along Nassau Street have been required
to provide the same dedications and easements.
VARIANCE ANALYSIS
Note: As required by the LDRs, a notice regarding the subject variance request was sent to those
property owners located within a 500' radius of the subject property.
Article 2.4, General Procedures
Pursuant to LDR Section 2.4,7(A), Procedures for Obtaining Relief From Compliance With
Portions of the Land Development Regulations, Variances, a variance is a relaxation of the terms
of these land development regulations where such variance will not be contrary to the public interest
and where owing to the conditions peculiar to the property and not the result of the actions of the
landowner, a literal enforcement of the regulations would result in unnecessary and undue hardship.
Pursuant to LDR Section 2.4.7(A)(6), Alternative Findings of the Historic Preservation Board, the
Board may be guided by the following to make findings as an alternative.-
(a)
lternative:(a) That a variance is necessary to maintain the historic character of property and demonstrating
that the granting of the variance would not be contrary to the public interest, safety, or welfare.
(b) That special conditions and circumstances exist, because of the historic setting location,
nature, or character of the land, structure, appurtenance, sign, or building involved, which are
1029 Nasc-au Street; COA 2013-114
I-IP13 Meeting of April 3, 21713
Page 5 of 6
not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning
district, which have not been designated as historic sites or a historic district nor listed on the
Local Register of Historic Places.
(c) That literal interpretation of the provisions of existing ordinances would alter the historic
character of the historic district, or historic site to such an extent that it would not be feasible to
preserve the historic character of the historic district or historic site.
(d) That the variance requested will not significantly diminish the historic character of a historic site
or of a historic district..
(e) That the requested variance is necessary to accommodate an appropriate adaptive reuse of a
historic building, structure, or site:
Pursuant to LDR Section 4.3.4(K), Development Standards, properties located within the R -1-A
zoning district shall provide a rear setback of 10'.
STAFF ANALYSIS
As previously noted, the proposed addition encroaches farther into the required rear yard setback. The
existing rear (north) setback, which is legally nonconforming, is 9.9', whereas 10' are required. The
proposed rear setback is 4.2'.
In consideration of the criteria above, the aforenoted variance can be supported in that the variance will
assist in maintaining the historic character of the property by permitting additional expansion of the
structure in an appropriate manner. Further, special conditions and circumstances exist in that the
property measures just 95' deep, thereby limiting the developable space available, while still
maintaining sufficient space (4.2') between the building and property line for maintenance and access
purposes. Additionally, the building is setback sufficiently from Nassau Street that, if it were not in a
historic district, an addition could be placed on the front of the structure. However, this is not permitted
on historic structures and therefore, the lot is further limited in its buildable spaces which are towards
the back of the property. The provision of the requested variance will not diminish the character of the
property, rather, it will further enhance the character by permitting the appropriate development and
further use of the property for the needs of the property owner.
Given the above, Staff recommends approval on the variance request as positive findings can be made
pursuant to LDR Section 4.5.1(J)(1).
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Approve the Certificate of Appropriateness (2013-114) for 1029 Nassau Street, Nassau Park
Historic District, based on positive findings with respect to the Land Development Regulations, the
Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards
for Rehabilitation subject to conditions.
C. Deny the Certificate of Appropriateness (2013-114) for 1029 Nassau Street, Nassau Park Historic
District, based upon a failure to make positive findings with respect to the Land Development
Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the
Interior's Standards for Rehabilitation. (Motion to be phrased in the affirmative. See above.)
1029 Nassau Street; COA 2013-114
HPB Meeting or April 3, 2013
Page 6 of 6
RECOMMENDATION
By Separate Motions
Approve the Certificate of Appropriateness (2013-114) for 1029 Nassau Street, Nassau Park Historic
District, based upon a failure to make positive findings with respect to the Land Development
Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the
Interior's Standards for Rehabilitation, subject to the following conditions:
1. That either the driveway is widened by 4.9' or that a ribbon drive is added to the north of the
driveway;
2. That a 5' sidewalk easement be provided along the east side of the property, adjacent to
Gleason Street;
3. That a .6' right of way dedication be provided along the south side of the property, adjacent to
Nassau Street;
4. That a 5' sidewalk easement be provided along the south side of the property, adjacent to
Nassau Street;
5. That sidewalk deferrals be requested and approved by the City Commission;
6. That all dedications and easements be accepted by the City Commission prior to the issuance
of a Building Permit.
Approve the variance to LDR Section 4.3.4(x), to reduce the rear (east) yard setback on the second
story addition to 4.2', whereas 10' is required.
Report Prepared By: Amy E. Alvarez, Historic Preservation Planner
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1029 Nassau Street
James & Janie Douglas
HISTORICAL INFORMATION:
COA application
February 25, 2013
In 1988, Nassau Park was designated Delray Beach's first Historic District. It
spans 2 blocks along Nassau Street from South Ocean Blvd to Venetian. Nassau
Street is approximately 3 blocks South of Atlantic Avenue.
Although specific information was not discovered about the Cottage at 1029, we
did find a few details about Nassau Park. In 1935, a newspaper ad for Ray -Del
Realty Co. described Nassau Park as "West Indian Charm along the Delray
Shores." The Street was originally named Jo -Jo Avenue, then renamed Nassau
Street by developer R.C. McNeil, who commissioned architect Sam Ogren, Sr. to
design the first houses in 1935-1941. Sam Ogren was Delray's first registered
architect. He was also a classical pianist & Sam designed the Delray High School
in 1925. (Now part of Old School Square)
The cottages built in Nassau Park are in the Colonial Cape Cod Revival Style. This
style incorporated architectural detailing from early wooden folk houses of
Eastern Massachusetts. Although it is unknown if 1029 is one of the original 18
houses, it does share the dominant architectural elements like accentuated front
doors, and carved wood details.
Nassau Street maintains and preserves a time in the 1930's when the "winter
colony" relaxed in discreet, small scale cottages surrounded by natural beauty.
"The district recalls the prosperity, pleasure, and style; the essence of the 1930
resort life in Delray." A vital element in the aesthetics of the historic streetscape
is the natural topography that remains today.
DECEIVED
FEB 111113
PLANNING & ZONING
1029 Nassau Street COA application
James & Janie Douglas February 25, 2013
LANDSCAPE STATEMENT:
The existing property is heavily landscaped as evidenced in the attached photographs.
As we are proposing to demolish an non-contributing structure, and replacing it with the
proposed two-story home addition, we do NOT plan to add additional landscaping. In
addition no existing landscaping will be removed by our demolition and construction.
If it the desire of this Board, we can prepare a survey of the existing landscaping for you
inclusion in the final architectural plan submission.
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FEB 2 5 2013
PLANNING & ZONING
1029 Nassau Street COA application
James & Janie Douglas February 25, 2013
DESCRIPTION OF PROPOSAL:
This application is a request to add an addition to the existing 1,132 square foot cottage
located at 1029 Nassau Street. Located on the North West corner of Nassau and
Gleason Streets, this property has two Street views. Our Proposal is to keep the original
structure exactly as it is, including the current paint color. The new addition is designed
to provide expanded living space for the occupancy of the current owner's family
(married children), and occasional houseguests when they come to visit.
We are proposing a two-story 538 square foot addition to the "rear" of the existing
structure, adding a total of 1,076 square feet of living space. The proposed addition will
take the place of an existing 290 square foot one-story garage structure, making the net
site -impervious area increase, 247 additional square feet.
Minor interior alterations will be required to allow access to the addition. We will be
`opening' to closet structures to create a corridor access, and replacing one -of -those
closets in a bedroom.
From Nassau Street the Proposed Structure will extend above the roof -line
indicating a latter -period addition.
From the 1027 Nassau Street (the property immediately to the West) the 2 -story
addition will be partially blocked by the existing master -bath room on the first -floor and
a later -period second story will be visible but only from this property. The existing
(similar -sized) two-story addition to 1027 Nassau will "block" the view of our Proposed
Addition from all other properties West.
From Gleason Street the Proposed Structure will be the most visible. A two-
story painted stucco building will be added to take the place the current one-story
garage building. This addition will appear to be a "taste -full" architectural addition to
the original cottage. We have purposefully changed the window patterns and the
second -floor wail material to indicate a "vertical" differentiation at the point of
connection.
From the North this addition is completely hidden by landscape material.
Although this is the only elevation where the proposed structure will "show -case" it -self,
there is no angle whereby one can view this addition without cutting down the palm
hedge that is planted on the North Property Line.
1029 Nassau Street
James & Janie Douglas
DEMOLITION:
COA application
February 25, 2013
With our application we are proposing the demolition of a 12.6' x 24.2' single story, flat -
roof garage structure. (see photos)
This is a non-contributing flat -roof structure. The date this building was added is
unknown, but construction details and evidence of "tie-in" to the existing cottage
indicates that this is not an original structure.
We desire to demolish ONLY this structure. The original cottage will be protected and
unaltered in the demolition process.
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