Res No. 98-18 SOLUTION NO. 98-15
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO PETER H. AND
KIMBERLY D. DWYER , FOR THE HISTORIC REHABILITATION OF THE
PROPERTY LOCATED AT 109 NORTH DIXIE BOULEVARD, AS FURTHER
DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED
IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT
REGULATION (LDR) SECTION 4.5.1 Q), TAX EXEMPTION FOR HISTORIC
PROPERTIES;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
i
WHEREAS, the property owners filed a Historic Property Ad Valorem Tax Exemption Application
for review by the Historic Preservation Board on July 18,2018,of an ad valorem tax exemption for the historic
restoration, renovation, and improvement of the property located at 109 North Dixie Boulevard, and the
Historic Preservation Board determined that the completed improvements were consistent with LDR Section
4.5.10 and recommended approval to grant an ad valorem City tax exemption to Peter H. and Kimberly D.
Dwyer for the restoration, renovation, and improvement to the property located at 109 North 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 109 North Dixie Boulevard,as described in the application for ad valorem tax exemption filed with
the City,were consistent with LDR Section 4.5.10).
Section 2. The City Commission hereby approves an ad valorem tax exemption to the property owner,
Peter H.and Kimberly D.Dwyer for a ten(10)year period,commencing on January 1,2019,from that portion
of ad valorem taxes levied on the increase in assessed value,between January 1,2019 and December 31,2028,
resulting from the renovation, restoration, and rehabilitation of the property located at 109 North Dixie
Boulevard,which property is legally described as follows and which improvements are described in Historic
Preservation Board Certificate of Appropriateness No. 2018-075:
The East half(East 1/a) of Lot Twenty (20) and all of Lots 21 and 22, Block Four (4), Del-Ida Park, Delray,
Fla.,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.
Section 3. Prior to the ad valorem tax exemption described herein being effective, Peter H. and
Kimberly D. Dwyer 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.
t
PASSED AND ADOPTED in regular session on the„2„1st,��,.dg,y August, 2018.
� m r
Shelly Petrolia,Mayor
j ATTEST:
City Clerk
APPROVED AS TO FO
LEG
ICIENCY.
. Max Lo iCity Attorney
' 2 Res.No.9818