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iiii‘ Plir %II DESIGNATION REPORT Fox House (a.k,ac Ocean Apple Estates) 610 N. Ocean Boulevard _- \IA Viz I 'Es-i- 401 • •,, i.} •' y r�� � t •� �• �t � .� mot' i- ` , ,, , —'rt• ..', rattAft- ., f ' • y),..•—• • Iloilo ,•• r,K.-.4-w,pAir rill 1!I :iii/ ,.._.: —..—:—'.-- It.7,,, .***.'-N el.41'1%11 1 1 , ' 'III, 1 ul ..--i''' -;----- --";-:------:::---- ------..." ,,-;.,,,,,,,,;--''f .'''',..4.,of 44",-. f 4,., ‘ •.z��t••t••l- i • . fit- ii f, ',Of�,. . . ~ 0..-.—o.7-l f j r- �l r .1.V 1 , ;1' i ' _ I ice_ 4._' - ft • • • ... DESIGNATION REPORT THE FOX HOUSE aka "OCEAN 7 LE ESTATE" 610 N. Ocean Boulevard, Delray Beach I. PURPOSE The purpose of designating the Fox House, 610 N. Ocean Boulevard, to the Delray Beach Local Register of Historic Places is to preserve the architectural and cultural significance of one of the City's most distinctive private residential oceanfront estates, which is popularly known as the "Ocean Apple Estate" (hereinafter the "Subject Property") . A nomination for designation has been filed and considered by the Board (See Exhibit A) and a public hearing held pursuant to Chapter 174 of the City of Delray Beach Zoning Code. II. LOCATION The Subject Property is located at 610 N. Ocean Boulevard Delray Beach. It is 2.5 acres more or less and is comprised of land on the oceanward and landward sides of State Road A-1-A. The Subject Property extends from the Atlantic Ocean to Andrews Boulevard. The legal description of the Subject Property is described in Exhibit B. III. HISTORICAL AND ARCHITECTURAL SIGNIFICANCE The house is significant because of its architectural style, the man who first owned the Property and the man who designed the improvements. The house was originally constructed for and owned by Fontaine Fox, a world-famous cartoonist. Designed by John Volk, it represents one of a few remaining "beach" cottages reflecting the Cape Cod bungalow style typical of houses built on North Ocean Boulevard from Delray/Gulfstream to Manalapan. The Owner: Fontaine Fox In 1933, Fontaine Fox began purchasing the land for what would be known as 610 North Ocean Boulevard. By 1934, he owned all of lots 1, 2, 3, 4 and the north half of lot 5 of Palm Beach Shore Acres. The house itself is located on lot 3 and the north half of lot 4. Fontaine Fox commissioned John Volk, a personal friend, to design a house on North Ocean Boulevard. Fox, a cartoonist of both national and international acclaim, was best known for his cartoon "Toonerville Trolley" . Launched in 1916, the cartoon was syndicated throughout' the world, appearing in several languages. 1 I _ r Born in 1884 in Louisville, Kentucky, Fox began his career as a cartoonist in grammar school, continuing throughout high school when he began working at the Louisville Herald as a reporter and cartoonist. After two years of study at the University of Indiana, where he studied and drew cartoons part-time, he returned to Kentucky to work at the Louisville Times until the Chicago Post gave him national recognition and distribution in 1915. Much of the small town subject matter for his cartoons came from people he knew in then suburban/rural Louisville. He moved to Delray in 1931, after having visited there in the 1920 's. Fox, in coming to Delray, joined a number of well known artists and writers who -- by making Delray their home -- created an artists and writers colony. These people included the cartoonist Herb Roth (whose cartoons reflected life in Delray) , Wood Cowan, writers Hugh McNair Kahler, Clarence Buddington Kelland, Nina Wilcox Putnam (whose articles published in Good Housekeeping magazine were illustrated by another Delray resident Anita Brown) and poet Edna St. Vincent Millay. Fox made his studio on the second floor of the Arcade Tap Room, the hub of winter activity in the town of Delray. He ultimately built two homes on North Ocean Boulevard. He was an accomplished golfer and the author of several books and articles, including a series which ran in many papers which was based on his narrow escape in 1939 from war-torn Europe. During the war he was a member of the Division of Pictorial Publicity. In 1951, Fontaine Fox sold the house at 610 North Ocean Boulevard to Alfred and Anne C. Hart. (Alfred died in 1958, and Anne C. Hart ultimately became Anne Hart Mott of the Mott Applesauce family. ) Fox formally retired in 1954 and died at his home in Greenwich, Connecticut in 1964. The Delray Beach Historical Society recently honored him at an exhibit shown at the "Cason Cottage" Museum. The Architect: John Volk In the late 1930 's, Fontaine Fox, having had a long-term friendship with John Volk, commissioned him to design the house at 610 North Ocean Boulevard. Volk was also the architect of Fox's home just north of 610, as well as several others located in the immediate Delray/Gulfstream area including Ocean Boulevard, Seabreeze, and Palm Trail. Born in 1901 in Austria, Volk came to the United States when he was nine years old. He was a student at Columbia University School of Architecture as well as the world renowned Ecole des Beaux Arts in Paris. Volk continued to design homes until his death in 1984. John Volk arrived in Palm Beach in 1925 while Addison Mizner was building Spanish and Mediterranean style mansions for wealthy 2 r • L families. A prolific architect, he designed over 1, 000 houses, theatres, and buildings all over the world. Some of the world's most powerful and wealthy people commissioned him to design their homes, including William Paley, George Vanderbilt, Henry Ford II, Herbert Pulitzer, Horace Dodge II, and John Phipps. Volk has often been called the last of the original Palm Beach architects which included Addison Mizner, Maurice Fatio, and Marion Sims Wyeth. In 1926, he formed a partnership with Gustav Maas which lasted almost ten years. Volk's homes, which number several hundred scattered along the coast, covered a broad range of designs from Spanish and Italian motifs to Normandy, Bermuda, Regent, Classical Oriental, bungalow, and what he called British Colonial. Known to have "broken the excesses" of the Mediterranean style after the Depression, Volk began designing British Colonial houses that could be built for forty-five cents a square foot versus two dollars per square foot for the Spanish mansions. He related in an article in Architectural Digest in 1972, "when the market crashed and the Depression followed, there wasn't a client in sight who wanted to build the elaborate Spanish house. Everyone was broke. Those who weren't, didn't want to make a show of their money. " It was during this period that the houses along North Ocean Boulevard were designed. Volk designed some of the most prominent buildings in the area, including the First National Bank building in Palm Beach, the Royal Poinciana Plaza and Playhouse (which opened in 1950, becoming the first new professional theatre to be built in the United States since the Ethel Barrymore and the Adelphi Theatres opened their doors in 1928) , the galleries and theatre for the Society of the Four Arts, part of the Town Hall of Palm Beach, the Beach Club, Phipps Oenza, and Good Samaritan Hospital. In later years, he designed Paradise Island and was involved in early development of planned golf course communities such as Port Royale in Naples and Old Port Cove in North Palm Beach. During the Mott family's ownership, the southerly portions of the land seaward of State Road A-1-A were conveyed to the City of Delray Beach in support of a beach stabilization and renourishment program. Recently the City Commission of the City of Delray Beach voted to convey ten feet along the southerly border of the Subject Property east of State Road A-1-A back to the current property owner as a part of the property owner's proposal to plat a buildable lot on the east side of State Road A-1-A. IV. PRESENT USE, CONDITION AND ZONING A. Present Use 3 7 4 L The Subject Property is improved with a two bedroom principal residence, garage, swimming pool and three small guest cottages. The improvements were designed by renowned architect John Volk and was originally constructed in 1934. The improvements to the Subject Property have been renovated in accordance with the architectural theme and character of the original design of the principal residence and the other improvements. B. Condition The structure is in very good condition. C. Zoning The current zoning of the Subject Property is R-1-AA. The Nomination submitted by the owner is subject to proposed conditional zoning regulations. V. IMPACT This designation is being made at the request of the owner of the Subject Property. VI. RESOLUTION The Historic Preservation Board of the City of Delray Beach hereby finds and determines as follows: A. The Nomination for designation of the Fox House as an historic site is appropriate and conforms with the standards and criteria of Chapter 174: Historic Preservation of the City of Delray Beach Code. B. The Subject Property is appropriate for designation as an historic site because: 1) The Subject Property is associated with the life or activities of a person of major importance to city, regional and national history in that the Subject Property served as a residence of famed cartoonist Fontaine Fox, a notable person in the history of the City of Delray Beach and the country. The Subject Property also served as a residence for the Mott family of applesauce fame; 2) The Subject Property exemplifies the social and historical trends of the community in that the principal residence represents a lifestyle, quality of life and architectural character that once typified seasonal living in South Florida; 4 7 3) The principal residence on the Subject Property has architectural and aesthetic significance in that: a) The building portrays the materials and design of an era of distinctive architectural style, to wit, natural wood reflective of traditional cypress construction. b) The building reflects distinguishing characteristics of a style, period and method of construction, to wit, the building is reflective of traditional South Florida cypress homes that are no longer extant. c) The building was designed by renowned Florida architect John Volk and represents one of the finest examples of this style and type of residential design by Mr. Volk. d) The building contains design, detail, material and craftsmanship of an outstanding quality which represented, in its time, a significant innovation in adaptive design for the South Florida environment. B. Such designation should be conditioned upon the adoption of the following zoning regulations: 1) notwithstanding the fact that the minimum lot size requirements of the R-1-AA District and the existing number of platted lots that make up the Subject Property would allow more than three (3) dwelling units, the total number of dwelling units that can be developed on the Subject Property shall not exceed three (3) ; 2) notwithstanding the minimum lot dimension requirements of the R-1-AA District, a single family detached dwelling may be constructed on the Subject Property east of State Road A-1-A, provided that the dwelling is constructed within the area designated by building lines depicted on Exhibit C attached to the Nomination, to wit no portion of the dwelling is constructed within five (5) feet of the north and south property lines; 3) notwithstanding any provision of the City of Delray Beach Code, the single family dwelling which may be constructed on the Subject Property east of State Road A-i-A through the Subject Property may not exceed twenty four hundred (2400) square feet; and 4) notwithstanding any provision of the City of Delray Beach Code, the right-of-way of State Road A-i-A shall be sixty (60) feet and no reservation of right of way in excess 5 • - 1 y , of the east half of sixty (60) feet shall be required as a condition of development east of State Road A-1-A. C. The Subject Property is unique in regard to a confluence of circumstances that render it potentially unbuildable under the current provisions of the R-1-AA District. D. The construction of a single family dwelling on the land east of State Road A-1-A is consistent with the goals and purposes of the City of Delray Zoning Beach Code. E. There is no other lot in the same zoning district that suffers from the same confluence of circumstances and the conditions and circumstances are peculiar to the Subject Property. These unique circumstances include: a) the property being the southernmost of a long series of oceanfront lots which are improved with residences, b) the granting of an easement for public beach use over a substantial portion of the lot in support of a public program of beach stabilization and renourishment, and c) the establishment of an erosion control line divesting the owner of technical title to a substantial amount of land area between the mean high tide line and the erosion control line to which the property owner retains riparian rights. F. Absent the conditional zoning regulations, the property owner will be deprived of the rights enjoyed by other properties in the same zoning district. G. The special conditions appurtenant to the Subject Property are the result of public initiatives in regard to beach access, use and renourishment, initiatives that the owners of the subject property have supported and contributed to by granting of beach access and use rights of way and acquiescing in the establishment of the erosion control line as a part of a renourishment program. J J 6 r..v I 0 ¢y .,„ . A.:-..4, ,M��r� 4. �t .�c. ' 1 IfjA,, `+ ,--y-e'tom' v„A�, .. ,. . 4 i'', .. d III / .- , v,..f. , 1 -- I..... .�� 't- " -e- , iifi .. Y. Fox House, main residence, south side. .. .%, A . 1 itkish. * ? • ` rill ' 6 : ' ' ' �Jdi1 ra ' / ' . �_ S Thai + •a4d • i �' * ' :4,,. / V •i ot 't t _ y, .ript irt t- Oft. .a 2. Fox House main residence; south Saco, „,,,,i .F 1C !t .._ ,.„ • ” is -• i z .- �, -- ; —,�,,:.•--- • sr i -''' .rF,. Pi ," ---....—v,.\. ?-yes`..`,-E?T:_ �- I I\ \,\ k \ . tl..\, 0. 4.4,0:44.\ • • - t•I tib• Pr- _ 1i 3. Fox Boise, main residence, west side (rear). 1.1 It - - - lf. 4 � . err t; fa N i iii -.44 1 ::I. f , i .ti4 T:rs1 + '.. w. r milime...ve, —. i,, \, -,_ . . 1 !1LI14_ _ yry M F. 4k tl i E 4. Fox House, main residence, south side with view to ocean. y.+ , s+975 fl At 4 4 ? 1,, 1 ....__ / r t4, 4! 4 ' ,r �� !�*' kS4 4. '14 ' ? * iv ..,;:to:A I, ." '-i r--. i i... .....d, 1. \ ' _ ', ----6'\......k.. w00% . p,--4.--ii, . x_ 5° Fox House, main residence. smith side, tipper balcony detail. 1 :'? �9 �� � • ' '' `'art�', i 1 4 " — . *,4 • • - Il w Idirs, r-* ,:Ir..f. —" Alk l* ! e% ; ; jar _ LL . ki v . - 4 . i !no,. 4 • ..ram, . fn�s ,, _ E.7`. t. f O // 00�# h- ' t; 4 '1 ?4",j, .:, ter , .. }A/ lib i ......immAreissinimmemousa..61,.4,.6- I ' ' 1 of i 1 i Mil �� km". I ,1 1 , /p i I 'IF , ;.•Ali • -:ue' >" _ ,,,,or b" ..:wee.'' , I . _ t, -� Ps . 6. Fox house, main residence, front eiitraii._:1%a ...„,.. ,,r___4.4 4.1 7 , ,..„4...,. , ..,", ..:::,..,-,-:.,„:„ ,-,u.,_..----:.---. ..4, .. - ' 1 - ,,,.. ' , .. . • ,.., , . . ., , . , ; ,,.,„,..1 , , , . :4'f 0 r N� {� 1 ,- i . . .„, ....- ' OT''•"• g tit,ep i-- - .' r r +�r 1 #, .� 1 s ` 6 4 \, i � 'I�� � aIlk F 114k i t S��1jI .11 fig,• ..-I 6 it 1 7. Fox House, main residence, southeast corner detail. ,g / /.: f l !{i y• _ ii ' 4 k 71ua I/'''•-iti, i• ' ,,i) 'skit i 'l' il., i, V '1 %." °r-•a --.:. 1111 ‘1111 „Ita � f • `` • e aill 1 jt A:7.--- -w ' r .yWl9Wib .+f• a. % eb,. 8. Fox House, main residence, south side with guest cottage. . - ! . , . . . • ..7; .-1. :, . • • : 4 s A- • - „ . 1 • I . aou rkl,r_i_ r-Tekre,„ ,... . . I&, • r?-car..„....o..6.___ ; . Of . .._ . . . i. ......0- 0E4c, . • , ..„., -5: 0 tEl.t PM ,i POSTMARK -ZIP4-4 '------ \.o. ig:isrqyy Q, . -6, • ,I WILL CI VE `10!) •-.1 W. ,... : ;4 • _, •i . .---- . .- -.. LI , ,. - . • - '_,, Mrs. E. f. 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'1.4,, 1 q . . . r_ i % ` 1,4t0 NINETY 'UR EBURY STREET, S.W.' .'WC ." \ -Q-T : • OD'-46 6.'-' . • 1 . : . C/bi-z-A2. rk —: :: ..' - . is 2 - . nziy1 , 4 ,�c�-. c -/t)._„,,,) 1-41)- :.. _ , . L,_ H ,i_L., . --r \--LJ2- lu -Q-) 6-u_ c.,,,.- L vtk _ v , S-,,,,,L,f -a-1_ Qizyip._-• • PA-y.1_ G--, hz-w )-tLca_t _2_ cru._ w-_04 , _. /z., ) t .rc,___ li-Ps- slabLy ..0_47,-Q_Y U ci„c' ,Lo-r4 07,-- ' . _Q)-1)-9-0-, kuge-PadL-. .. . ::, . ' s ' - ,, --- , - ,,,,,D.,,, .1_2,7 \.,,,---R-,--,5+ -LL, Fes,_ ,,,__,,-„,,,DA„ ti:;_. t , (D2.--. ,, 4-27 yl.„.L.LJT- j..eir, ? 7 ()15n- : ..... • 1 c • . e Ll- i-- ' V-L--1 G k't (-_o LA .dA_IL-tSr • k - e--- 6 4 : 4', oa„,,,, ,„,,,,s7- ,), i-k., . c_.,_.,r. ,L__, ,A,c,„.„„ oc) )-,,,, , 1-a lam.. 0__,L4_, -- h_„.„.,,,L.P.., L., - Li-el-, bi--3-, ut.,,,,,t i - ..---ts-\_t.,...,),_ )46; IA...0„4„ ., ,,, ca-,-- -t, ul_oat _ la,2_,a__c 4-fa.Q t-_.1..,..:,_ i c!Lt.--u,s„..._( '4 Qc0e.ii. , a ii LI ' (5-4 j\k 5`0 SE . >, t `Ate a. ..F6-,-D a-LI-6r . SR . R \ , r 0, ,,.) La:ATI c-, LLc cvL_I D LT ,o_ L. C_cc i C�h CZ_ - (,,-` �c ... 4-0. ',--i-cl-t--i-o_. .01; cr, --T Z1, e-Mr-- I Oz-i--,-;->c ,,,j,(A.:•)_C--L,-,5,-,-t,/—,•-•-(,.,VI L ,--,—(1_,1-.) 1rQ- t. 'C)-_____(. c ' . f, I(J�A V � �� p � y Boa�� rr -C' f) l� . 1 5 • CHRONOLOGY FONTAINE FOX ESTATE 610 NORTH OCEAN BLVD. September 15, 1989 Historic Preservation Board (HPB) accepted designation report. September 20, 1989 HPB held a public hearing and recommended to the City Commission that 610 N. Ocean be listed on the local register of historic places . October 24 , 1989 By Ordinance #70-89 Fontaine Fox house was designated to the local register of historic places . October 25 , 1989 HPB held a public hearing and voted to grant the two requested variances and to recommend to the City Commission that a waiver be given for the 80 ' right of way requirement. November 14 , 1989 City Commission voted to approve the waiver for the 80' right of way requirement. LILLIAN JANE VOLK 206 PHIPPS PLAZA PALM BEACH, FLORIDA 33480 September 12, 1989 Patricia Cayce Historic Preservation Planner CITY OF DELRAY BEACH 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Patricia: Enclosed are copies of two letters written to me by Elizabeth Shonnard, the daughter of the late Fontaine Fox, the original owner of the house being considered for designation. Sincerely, /9a/a /L._ Lillian Jane Volk (Mrs. John L. Volk) • LJV/sr Encs } • ,N �, ORB 6620 Pe 1731. • �RD_NA E NO. 7;,-89 • =.N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA, DESIGNA:`ING THE PROPERTY Y NO'WN AS THE FONTAINE FOX HOUSE LOCATED AT 610 N. OCEAN BOULEVARD, WHICH IS MORE FULLY DESCRIBED IN EXHIBIT 1 TO THIS 'ORDINANCE, AS A LOCAL HISTORIC SITt; PROVIDING FOR CERTAIN REQUIREMENTS OF DESIGNA- TION; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER SAID DESIGNATION; PROVIDING A NON- SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR A SUNSET PROVISION. WHEREAS, Chapter 174 of the City of Code of the City of Delray Beach provides for the designation and protection of historic sites; • WHEREAS, the owners of the Fontaine Fox House, a home designed by noted South Florida architect John Volk for famed cartoonist and City of Delray Beach resident Fontaine Fox, have nominated the Fontaine Fox House to be designated as an historic site if certain variances and #� waivers can be obtained from the City of Delray Beach. WHEREAS, the Historic Preservation Board of the City of Delray , - Beach prepared a designation report for the designation of Fontaine Fox ! House as an historic site and held a duly noticed public hearing in regard to the designation of the property as an historic site at which no member. of the public spoke in opposition to the designation of the property as an historic site; and, • WHEREAS, the Historic Preservation Board of the City of Delray Beach has recommended that on September 20, 1989 that the Fontaine Fox . House be designated an historic site subject to certain variances and • waivers proposed by the owner/applicant in the nomination/designation report; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the Fontaine Fox House as an historic site. • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Designation. The Fontaine Fox House is located at 610 N. Ocean which is legally described on the survey which is attached and incorporated into this Ordinance as Exhibit 1 and is hereby designated as the Fontaine Fox Historic Site in accordance with and under the provisions of Chapter 174 of the City Code of the City of Delray Beach, subject to the terms of this Ordinance. Section 2. Requirements of Designation. Notwithstanding any provision of the City Code of the City of ' Delray Beach and any other provision of this Ordinance, the following requirements shall apply to the use and development of the Fontaine Fox '. Historic Site: 1) no more than three (3) dwelling units shall be used and developed within the boundaries of the Fontaine Fox Historic Site; and, 2) no dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred (2,400) square feet of gross floor area. • --� ORE 6620 Ps 1732 i ( Mgr- i section 3. That the Planning Director of the City of Delray Beach, Florida, shall, upon the effective date of this ordinance, amend the zoning map of Delray Beach, Florida, to show, in an overlay manner, • the above designation. t I Section 4. Severability. IIt is the intention of the City Commission of the City of Delray Beach that this Ordinance and each every of its terms be con- sidered a part of a single whole and that the Ordinance not be severable and that if a court of competent jurisdiction finds that any section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable in its entirety. Section 5. Effective Date. • This Ordinance shall become effective _upon adoption on second and final reading. Section 6. Sunset Provision. • This Ordinance shall expire and; be of no further legal force and effect sixty (60) days after its affective date unless the owner/applicant of the Fontaine Fox Historic Site has obtained the following variances and necessary waivers: 1. A variation from the minimum lot area requirements of the P-1-AAA zoning district to allow the construction of a single family detached dwelling on that portion of the Fontaine Fox Historic Site that lies east of State Road A-1-A; and 2. a variation from the side yard setback requirements of • . the R-1-AAA zoning district to allow the construction of a single family detached dwelling within five (5) feet of the north property line and five (5) feet of the south property line of that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A. 3. Waiver of the 80 foot right-of-way requirement for State Road A-1-A within the boundaries of the Fontaine Fox Historic Site and the establishment of a 60 .foot right-of-way requirement for the purposes of any j municipal permit or development order. IPASSED AND ADOPTED in regular session on second and final reading on this the 24thday of October 19895,k::::___ j ATTEST: , MAYOR - City lerk ' This instrument was prepared by: First Reading October 10 1989 Jeffrey S. Kurtz, City Attorney Second Readingt• Ocober 24, 1989 100 N.W. 1st Avenue Delray Beach, FL 33444 • • • 2 ORD. NO. 70-89 i .� ,4 i= .. a .• :>; . - t . -� '•-,ORB 6620 P9 1733 EXHIBIT l • 4 . i,, i, . LEGAL DESCRIPTION i The South Half of Lot 4 lying West of State Road A-1-A. less the West 435.5 feet thereof:' l: that part of the South 10 feet of Lot 3 and the North half of Lot 4 lying West of State L Road A-1-A:' and . Lot 3, less the South 10 feet thereof:' M Block E, Revised Plat of Blocks D and E, Palm Beach Shore Acres, Delray Beach, Palm ") Beach County, Florida, according to the Plat thereof recorded in Plat Book 7 at page 38 of the Public Records of Palm Beach County, Florida. . • less the West 25 feet thereof for road right-of-way. AND • that part of the South 10 feet of Lot 3 lying East of the Right-of-way of State Road A- 1-A. ' Said land is subject to easements, reservations,restrictions, covenants and rights-of-way of \ record. t, t3 . ) : • 1 �k 1 • I :. 3 -J • RECORD ValFIED PALM BEACH COUNn',R.A. • JOHN B.DUNiaE CLERK CiI curr COURT -J. 0 4 PlanningZoning Department De artment P MEMORANDUM '4 Y TO: "� mission FROM: aul Dorling Director of Planning &Zoning DATE: March 19, 2002 RE: 610 N. Ocean Boulevard (Fontaine Fox Historic Designation) During its meeting on March 6, 2002, the Historic Preservation Board reviewed the request for an amendment to Ordinance 70-89 with much deliberation and discussion. Two motions were voted on before a compromise was approved to support the staff recommendation as stated in the Staff Report with a modification to allow four buildable lots rather than five as suggested by staff. The first motion was to recommend to City Commission the original staff recommendation of five total buildable lots, a buffer area, and that local and National designations be placed on the properties at 610 and 622 N. Ocean Boulevard. As the first motion failed on a 3-3 vote, a second motion was made to recommend that no change be made to the original conditions of Ordinance 70-89. Again, this motion also failed on a 3-3 vote. A final motion, approved 6-0 was a compromise that supported the conditions of approval recommended by Planning Staff with the exception that the permitted buildable lots be reduced from five to four lots on Lots 1-3 of the Ocean Apple Estates Plat. The reduction of one lot was to provide further protection for the historic resources by providing the ability for less development immediately to the west. Q HAMMOND RD. G I Ca w C) D Q z Cs > f - - - - - - .. - • NE — owmowaE - - - -... an — n O 1 3 2 1 y.. I rNMIMI IIMIMB u, I. .. .. um — .. I= .. .. .. .. .. NI I aa 0 SOUTH 10'OF Q / Z > LOT 3,BLOCK E' PALM BEACH ` a HARBOR DRIVE m SHORE ACRES. H i / Z Q w N 0 �-- i 0 —NOT TO SCALE-- • BOUNDARY OF HISTORIC DESIGNATION-♦4%,•♦ EXISTING CONDITIONS • EXISTING LOT CONFIGURATION, _ A PER PLAT OF OCEAN APPLE ESTATES. , �/ Q HAMMOND RD. _ I RS D 7 6 Q a> w . . . .. . . . .. . . . . V VILLAGE BY THE SEA LANE ; 1 0 (A1. 2 3 4 U) I CO 1 0O ] SOUTH 10'OF Q Z LOT 3,BLOCK E,' Q -� PALM BEACH HARBOR DRIVE 1 m SHORE ACRES. U Z LY Q 0 LiN w 4 /_L 0 --NOT TO SCALE-- APPLICANT'S • HISTORIC DESIGNATION LIMITS AS PROPOSED-♦ ♦ REQUEST • LOT CONFIGURATION FOR PROPOSED VILLAGE BY THE SEA PLAT.- Ae OTY OF DELRAY BEACH.FL PLANNING&ZONING DEPARTMENT --ABITAL BASE-AMP STWEll-- MAP REF: LM584 • .4 Q I , HAMMOND RD. I RS zw 6* 5 Qcb - - - - - - - - - - - - - - - - - - - -r. - - - - - QI VILLAGE BY THE SEA LANE I c2 CI I . vi 1 2 3* 4 •— 0I Ir . - .. - ' 4., (Lmama - ion mama maim - - 11 ICt I w • - mama - - - 4.. IY -SOUTH 10'OF z > Igit PALM BEACH£• Q HARBOR DRIVE 1 m SHORE ACRES. M w 0 Z IfY Q 0 W N Q U -,...r- I IJ 0 -NOT TO SCALE-- P.&Z. STAFF • BOUNDARY OF HISTORIC DESIGNATION- N RECOMMENDATION • RELATIVE LOT CONFIGURATION PER STAFF RECOMMENDATION.- Ae Q I HAMMOND RD. _ D 5 * 4 Q au z v ;r - - - lip. - - - - - - - INN ma - - - - - - INN ma - - - - Q, VILLAGE BY THE SEA LANE I cc0 vi 1 1 2 * 3LI mama - - - - - - NM - - .r 1 I mama - - - - - SCE 4.4 fY SOUTH 10'OF Q �� LOT3,BLOCK-E,' z J PALM BEACH Q _ SHORE ACRES. -Th HARBOR DRIVE �1 m 0 Z W Q 0 N O, W Q U -"— /_L 0 mama NOT TO SCALE-- H.P.B. • BOUNDARY OF HISTORIC DESIGNATION- •N RECOMMENDATION • RELATIVE LOT CONFIGURATION PER HPB RECOMMENDATION.- N CITY OF DELRAY BEACH.FL PLANNING&ZONING DEPARTMENT * DENOTES BUILDING HEIGHT RESTRICTED TO 28-FEET. --DAVTAL BASE IMP STS/Gil-- MAP REF: 114584 1/ . TO: D T. A-DE► ,,CITY MANAGER THROUGH: P UL DORLING, D I'ECTOR OF PLANNING AND ZONING FROM: WENDY SHA", OS RIC PRESERVATION PLANNER SUBJECT: M TING J MARCH , 2002 REQUEST FOR AN A ENDMENT TO ORDINANCE 70-89 FOR A PARCEL OF LAND LOCATED AT 610 & 615 NORTH OCEAN BOULEVARD, APPROXIMATELY 900' SOUTH OF GEORGE BUSH BOULEVARD BETWEEN ANDREWS AVENUE AND THE ATLANTIC OCEAN; AN INDIVIDUALLY LISTED HISTORIC PROPERTY. BACKGROUND The Fontaine Fox historic designation contains approximately 2.5 acres of land and consists of Lots 1, 2 and 3 of the Ocean Apple Estates Plat and the south 10' of Lot 3 (lying east of A1A) of the Palm Beach Shore Acres plat. Lot 1 lies on the east side of Ocean Blvd. (615 N. Ocean Blvd.) while lots 2 and 3 lie on the west side of Ocean Blvd (610 N. Ocean Blvd.) between N. Ocean Boulevard and Andrews Avenue. Associated with the property is a 1,184 square foot Cape Cod cottage, which was constructed in 1936 of Florida cypress. Designed by renowned architect John Volk and inspired by the trolley made famous in Fontaine Fox's "Toonerville Trolley" cartoon strips, the Cape Cod Cottage style dwelling is located on Lot 2. Three outbuildings are also located to the west (behind) the existing house on lot 2. All three structures are considered contributing buildings. Zoned R-1-AAA Single Family Residential, the property (including all three lots) is an individually listed historic property in the City of Delray Beach established by Ordinance 70-89. The applicant proposes the amendment of Ordinance 70-89 in order to remove the historic designation from Lot 3, Ocean Apple Estates plat and a portion of Lot 2 (see map) and alter the previous density restriction to allow Lot 3 and a portion of Lot 2 to be subdivided into a total of four separate parcels. The historic designation for the remaining portion of the current Lot 2 (see map), the lot that houses the Fontaine Fox House and its outbuildings, as well as Lot 1 on the ocean side, would remain. The related plat also includes the subdivision of the lot immediately north of the Fontaine Fox House. This lot which is to be subdivided into two lots also contains a contributing 1935 Cape Cod house, designed by John Volk. Additional background and an analysis of the request are provided in the attached staff report. HISTORIC PRESERVATION BOARD CONSIDERATION At its meeting of March 6, 2002, the Historic Preservation Board held a public hearing in conjunction with the request. There were six citizens who expressed their concerns with the potential ramifications of the Ordinance amendment. There were no public comments in favor of the proposed amendment. Upon reviewing the staff report and discussing the proposal, a motion to approve as recommended in the staff report failed (3-3). Some of the Board members felt that only two versus three additional units should be permitted to allow limited development yet protect the integrity of the historic structures. After further discussion, the Board recommended approval of the amendment 6-0, subject to the following conditions: • r City Commission Documentation Meeting of March 19, 2002 Fontaine Fox Historic Property Page 2 1) Maintain the geographical boundaries of the historic designation (Lots 1-3 of Ocean Apple Estates and the south 10' of lot 3 of Palm Beach Shore Acres). 2) Modify the existing density restriction from three to four dwelling units. 3) Establish a minimum of a 50' buffer between the existing wall at the rear of 610 N. Ocean Boulevard and the adjacent lot to the west (approximately 140' east of the west line of Lot 2 of Ocean Apple Estates as shown on the attached map). 4) Restrict the height of any new construction of proposed lots 3 & 7 to 28'. 5) That the residence at 622 N. Ocean Blvd be listed in the Local Register of Historic Places and approved by the City Commission. The designation process for local listing is to be completed prior to the recordation of the proposed final plat. 6) That the Fontaine Fox House must be listed on the National Register of Historic Places, unless otherwise determined by the State Historic Preservation Office. The designation process for listing in the National Register will be initiated prior to the approval of the plat. RECOMMENDED ACTION By motion, approve on first reading the ordinance for an Ordinance amendment for the Fontaine Fox Historic Property, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 4.5.1 subject to the following conditions: 1) Maintain the geographical boundaries of the historic designation as set forth in Ordinance 70-89. 2) Modify the density restriction from three to five dwelling units. 3) Establish a minimum of a 50-foot buffer between the existing wall at the rear of the Fontaine Fox House, located at 610 N. Ocean Boulevard, and any newly created lot to the west, by requiring the west lot line of any newly created lot containing the Fontaine Fox House (as it currently exists), to be a minimum of 50-feet from the existing rear wall (as it currently exists). 4) Restrict the height of any new construction to 28-feet, of any newly created lot immediately west of and adjacent to, the lot containing the existing structures located at 610 & 622 North Ocean Boulevard (State Road A1A). 5) That the entirety of Lot 1, Plat of Hancock Subdivision (Plat Book 76, Page 175), currently addressed as 622 North Ocean Boulevard, be listed in the Local Register of Historic Places and approved by the City Commission. The designation process for local listing is to be completed prior to the recordation of the proposed final plat. 6) That the Fontaine Fox House be listed on the National Register of Historic Places, unless otherwise determined by the State Historic Preservation Office. The designation process for listing in the National Register is to be initiated prior to the approval of the plat. Attachment: HPB Staff Report of March 6, 2002 0 , It Q HAMMOND RD. 1 C w 1 Ctg D Q z C.) > r - - - - - InI ION r. In - - ME - - - IMNI, — — .e 0 Q1 t ' I 1 j 3 2 N I r - - - - u) 116, - -, - - - - - - - - mil _ I co w 0 ITMI � NMMN � � o iz > Q Q J HARBOR DRIVE \ , m F U / Z of Q Q w N m N. 0 --wwww— Q _ 0 --NOT TO SCALE-- EXISTING CONDITIONS • EXISTING LIMITS OF HISTORIC DESIGNATION- * • PLAT OF OCEAN APPLE ESTATES. Q I HAMMOND RD. 1 co 7 6 Q a� z V Q VILLAGE BY THE SEA LANE ; Li I 1 2 3 4i'll 5 r - _ _ ,_ •I.. Z w1 * ..... cc - - - - - - J� a.. zo Q Q HARBOR DRIVE ' m Ni Z / J/ c: Q 0 LL] - w N Q U —60.-- r= 0 --NOT TO SCALE-- • HISTORIC DESIGNATION LIMITS AS PROPOSED-+N PROPOSED PLAN • LOT CONFIGURATION FOR PROPOSED VILLAGE BY THE SEA PLAT.- Ae CITY OF DELRAY BEACH,FL PLANNING&ZONING DEPARTMENT * DENOTES SOUTH 10'OF LOT 3,BLOCK"E,"PALM BEACH SHORE ACRES. --DIGITAL BASE MAP srs/tAI-- MAP REF: LM584 • r I HISTORIC PRESERVATION MEMORANDUM STAFF REPORT„ Item: II. A. - Meeting of March 6, 2002 Consideration of an amendment to Ordinance 70-89 regarding the Fontaine Fox House historic designation. Location: 610 & 615 N. Ocean Boulevard ITEM BEFORE THE BOARD The item before the Board is approval of an amendment to Ordinance 70-89 for the Fontaine Fox House historic designation, pursuant to LDR Sections 4.5.1(B) and 4.5.1(K)(2). BACKGROUND The Fontaine Fox historic designation contains approximately 2.5 acres of land and consists of Lots 1, 2 and 3 of the Ocean Apple Estates Plat and the south 10' of Lot 3 (lying east of A1A) of the Palm Beach Shore Acres plat. The properties are located approximately 900' south of George Bush Boulevard between Andrews Avenue and the Atlantic Ocean. Lot 1 lies on the east side of Ocean Blvd. (615 N. Ocean Blvd.) while lots 2 and 3 lie on the west side of Ocean Blvd (610 N. Ocean Blvd.) between N. Ocean Boulevard and Andrews Avenue. Associated with the property is a 1,184 square foot Cape Cod cottage, which was constructed in 1936 of Florida cypress. Inspired by the trolley made famous in Fontaine Fox's "Toonerville Trolley" cartoon strips, the Cape Cod Cottage style is located on Lot 2. Three outbuildings are also located to the west (behind) the existing house on lot 2. All three structures are considered contributing buildings. Zoned R-1-AAA Single Family Residential, the property (including all three lots) is an individually listed historic property in the City of Delray Beach as established by Ordinance 70-89. The Historic Preservation Board recommended approval of Ordinance 70-89 to the City Commission on September 20, 1989 with the stipulations that Lot 1, the oceanfront lot, could build one dwelling unit of no more than 2,400 square feet and that the property be subdivided into no more than three lots for no more than three dwelling units (one house per lot). The Ordinance was adopted by the City of Delray Beach on October 24, 1989. In conjunction with the designation, the beachfront lot (Lot 1) received a variance to allow a lot that did not comply with the minimum lot area and side building setback requirements of the R-1-AAA zoning district. The gross lot size was reduced from 12,500 sq. ft. to 8,042 sq. ft. and the side setbacks reduced from 12' to 5'. A request to amend Ordinance 70-89 was submitted in June 1992 which proposed an 850 square foot addition to the gross floor area for the single family home to be constructed on Lot 1 (615 N. Ocean Boulevard). This amendment would have allowed a dwelling unit of 3,250 gross square feet as opposed to the 2,400 square foot restriction as imposed by the Ordinance. Upon review of the request, the Board recommended approval of the amendment to the City Commission at its meeting on October 27, 1992. However, the amendment request was denied by the City Commission during its meeting on October 27, 1992. 610 &615 N. Ocean Boulevard, Ordinance amendment Individually Listed Property Page 2 In December 2, 1992, the Board approved the architectural elevations for the construction of a new residence at 615 N. Ocean Blvd. Approval was contingent upon the terms set forth in Ordinance 70-89, which stated that the building shall contain no more than 2,400 square feet or gross floor area. PROJECT DESCRIPTION I ANALYSIS Project Description: The proposal is to amend Ordinance 70-89 in order to remove the historic designation from Lot 3 and a portion of Lot 2 (see map) and alter-the previous density restriction to allow Lot 3 and a portion of Lot 2 to be subdivided into a total of four separate parcels to accommodate a development plan for construction of single family homes (perpendicular to the extant historic structure). The historic designation for the remaining portion of the current Lot 2 (see map), the lot that houses the Fontaine Fox House and its contributing outbuildings, as well as Lot 1 on the ocean side, would remain. The overall project also proposes to subdivide the lot immediately north of the Fontaine Fox House, which consists of a contributing Cape Cod house built in 1935 (proposed lots 6 & 7). Lot 7, located directly behind (west) the structure at 622 N. Ocean Boulevard is currently described as Lot 1 of the Hancock Subdivision. De-designation Analysis: There is no formal de-designation process in the Land Development Regulations. In absence of a formal process, this de-designation request is being evaluated based upon the current designation criteria. If it is determined that the de- designation should not be evaluated based upon these standards, the item should be tabled and a formal de-designation LDR process created. LDR Section 4.5.1(E)(4), (E)(8)(a), and (E)(8)(j) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The guidelines are as follows: The Board Shall Consider: (a) A historic site, or building, structure, site, improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time. (b) All improvement to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility can include but is not limited to: consistency in relation to materials, texture, and color of the façade of a building in association with the predominant material used in surrounding historic sites and structures within the historic district. • ' 610 &615 N. Ocean Boulevard, Ordinance amendment Individually Listed Property Page 3 (c) A height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings. (d) The size of a buildings, the building mass in relation to open spaces, windows, door openings, balconies, and porches shall be visually compatible with the building size and building mass of historic sites, buildings, and structures within a historic district. In 1989, the previous property owners, Roderick and Joyce Wilson initiated the designation process for the Fontaine Fox Property, currently described as Lots 1-3 of Ocean Apple Estates, for listing in the Local Register of Historic Places. The designation would ensure that the density of development for the property was restricted and would permit the construction of a dwelling on the lot directly across from the Fox residence on the east side of Ocean Boulevard (Lot 1). As previously stated, this lot received a variance to allow the creation of a lot that did not comply with the minimum lot area and side yard building setback requirements of the R-1-AAA zoning district. The request for historic designation of the property and the restrictions imposed on the property to limit the division of one lot to three and imposing a square footage limitation on the oceanfront parcel (Lot 1) was supported by the property owners and was not an arbitrary action by the City. Due to the fact that these restrictions run with the land and not the owner, the designation and building restrictions should remain on all three lots associated with the property. The removal of the designation from the adjacent lot (lot 3 and a portion of Lot 2) could hold long term implications for both the protection of the integrity of the extant historic structures at 610 N. Ocean Blvd. and the designation status- of other sites and structures on the Local Register of Historic Places. In order to protect the integrity of the Fontaine Fox House and its contributing outbuildings, it is recommended that lot 3 be divided into just three additional parcels, allowing the development of these conforming lots for the construction of just one single family home on each parcel. The fourth lot, adjacent to the Fontaine Fox house (directly to the west of the house) should be divided/eliminated to establish a minimum of a 50' buffer between the proposed new lots and the historic property. The residual area of this divided lot could then be incorporated into the three remaining proposed lots (lots 1-3). These restrictions will allow for further development of the property and is therefore not considered an economic hardship for the property owner. As the limitations on the property were already in place when the current owner purchased the property, there was an understanding of the property's development restrictions including the historic designation from the time of purchase. Additionally, the historic designation would remain on all three extant lots to ensure that the design elements including the scale and massing of the new construction conform to the Secretary of the Interior's Standards for Rehabilitation and the Delray Beach Design Guidelines. As the proposed project protrudes onto the adjacent lot to the north affecting the historic residence at 622 N. Ocean Blvd., it is recommended that steps be taken to list the house at 622 N. Ocean Blvd. on the Local Register of Historic Places, which has been attached as a condition of approval. Controlled density and design elements for any new construction in close proximity to the historic structures on 610 and N. Ocean Blvd. would further protect the integrity of the structures and control • 610 &615 N. Ocean Boulevard, Ordinance amendment Individually Listed Property Page 4 future development plans around the buildings. To ensure that any new construction be designed to compliment the surrounding historic structures, a height limitation of 28' is recommended for any structure built on proposed lots 3 and 7 (per staff recommendation to eliminate lot 4). In addition, to the above, it is recommended that the property owner move forward with the filing of a Preliminary Information Site Questionnaire (PSIQ) with the Division of Historical Resources (SHPO) in Tallahassee to ascertain the historical and architectural integrity of the Fontaine Fox house and its outbuildings for their nomination to the National Register of Historic Places. If the PSIQ yields positive findings towards listing the house, a National Register nomination should then be initiated and submitted to the National Park Service to designate the property and its contributing historic structures to the National Register. Both designation processes are to be initiated prior to the approval of the plat. These terms have been placed as conditions of approval. ALTERNATIVETiRN ACTIONS.s. A. Continue with direction. B. Approve 2002-101-COA-CCA for the amendment to Ordinance 70-89 affecting 610 & 615 N. Ocean Blvd, the Fontaine Fox House, based upon positive findings with respect to LDR Section 4.5.1(B) and 4.5.1(K)(2) and the Delray Beach Design Guidelines subject to conditions. C. Deny approval of 2002-101-COA-CCA for the amendment to Ordinance 70-89 affecting 610 & 615 N. Ocean Blvd, the Fontaine Fox House, with the basis stated. RECOMMENDATION Approve the request to amend Ordinance #70-89 based on positive findings for the property at 610 & 615 N. Ocean Boulevard with respect to LDR Section 4.5.1 (B), (E), and (K), and the Design Guidelines subject to the following conditions: 1) Maintain the geographical boundaries of the historic designation (Lots 1-3 of Ocean Apple Estates and the south 10' of lot 3 of Palm Beach Shore Acres). 2) Modify the density restriction from three to five dwelling units. 3) Establish a minimum of a 50' buffer between the existing wall at the rear of 610 N. Ocean Boulevard and the lot adjacent (west) approximately 140' east of the west line of Lot 2 of Ocean Apple Estates (as shown on the attached map). 3) Restrict the height of any new construction of proposed lots 3 & 7 to 28'. • 610 & 615 N. Ocean Boulevard, Ordinance amendment Individually Listed Property Page 5 4) That the residence at 622 N. Ocean Blvd be listed in the Local Register of Historic Places and approved by the City Commission. The designation process for local listing is to be completed prior to the recordation of the proposed final plat. 5) That the Fontaine Fox House must be listed on the National Register of Historic Places, unless otherwise determined by the State Historic Preservation Office. The designation process for listing in the National Register will be initiated prior to the approval of the plat. Attachments: Staff Report for Historic Designation of 610 N. Ocean Blvd., Current Plat, Proposed Plat Report Prepared by:Wendy Shay, Historic Preservation Planner HISTORIC PRESERVATION MEMORANDUM STAFF REPORT Item: II. A. - Meeting of March 6, 2002 Consideration of a revision to Ordinance 70-89 regarding the Fontaine Fox House historic designation. Location: 610 & 615 N. Ocean Boulevard ITEM BEFORE THE BOARD The item before the Board is approval of revision to Ordinance 70-89 for the Fontaine Fox House historic designation, pursuant to LDR Sections 4.5.1(B) and 4.5.1(K)(2). BACKGROUND The subject property consists of approximately 2.5 acres of land, consisting of Lots 1, 2 and 3 of the Ocean Apple Estates Plat and the south 10' of Lot 3 (lying east of A1A) of the Palm Beach Shore Acres plat. Lot 1 lies on the east side of Ocean Blvd. (615 N. Ocean Blvd.) while lots 2 and 3 lie on the west side of Ocean Blvd (610 N. Ocean Blvd.) between N. Ocean Boulevard and Andrews Avenue. Associated with the property is a 1,184 square foot Cape Cod cottage, which was constructed in 1936 of Florida cypress. Inspired by the trolley made famous in Fontaine Fox's "Toonerville Trolley" cartoon strips, the house and the adjacent lot to the west and the east, beachfront lot are located between the Atlantic Ocean and Andrews Avenue on North Ocean Boulevard. Two outbuildings are also located to the west (behind) the existing house on lot 2. All three structures are considered contributing buildings. Zoned R-1-AAA, the property (including all three lots) is an individually listed historic property in the City of Delray Beach as established by Ordinance 70-89. The Historic Preservation Board recommended approval of Ordinance 70-89 to the City Commission on September 20, 1989 with the stipulations that Lot 1, the oceanfront lot, could build one dwelling unit of no more than 2400 square feet and that the property be divided into no more than three Lots total for no more than three dwelling units on the total area of the lots. The Ordinance was adopted by the City of Delray Beach on October 24, 1989. A request to amend Ordinance 70-89 was submitted in June 1992 which proposed an 850 square foot addition to the gross floor area of Lot 1 currently located at 615 N. Ocean Boulevard. This amendment would have allowed a dwelling unit of 3,250 gross square feet as opposed to the 2400 square foot restriction as imposed by the Ordinance. Upon review of the request, the Board recommended approval of the amendment to the City Commission at its meeting on October 27, 1992. However, the amendment request was denied by the City Commission during its meeting on October 27, 1992. In December 2, 1992, the Board approved the architectural elevations for the construction of a new residence at 615 N. Ocean Blvd. Approval was contingent upon the terms set forth in Ordinance 70-89, which stated that the building shall contain no more than 2400 square feet or gross floor area. 610 &615 N. Ocean Boulevard, Ordinance amendment , Individually Listed Property Page 2 PROJECT DESCRIPTION /ANALYSIS Project Description: The proposal is to amend Ordinance 70-89 in order to remove the historic designation from Lot 3 and a portion of Lot 2 (approximately the west 106') and alter the previous density restriction to allow Lot 3 and a portion of Lot 2 kaPproxirnaiely the west 106') to be broken into a total of five separate parcels to accommodate a development plan for construction of single family homes (perpendicular to the extant historic structure) he historic designation for the remaining portion of the current Lot 2 approximately th east 188'} ai4 well as Lot one, the lot .that houses tie Fontaine Fox House and its cor%trit uting outbuildings,:would remain The project also proposes the addition of Lot 5 to the north of the proposed new lots and adjacent to the structure at 622 N. Ocean Boulevard for a total of five lots for the construction of single family homes. Design Elements Analysis: LDR Section 4.5.1(E)(8)(g), (E)(4), and (E)(8)(c) (E)(8)(d) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The guidelines are as follows: The Board Shall Consider: (a) All improvement to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility can include but is not limited to: consistency in relation to materials, texture, and color of the façade of a building in association with the predominant material used in surrounding historic sites and structures within the historic district. (b) A historic site, or building, structure, site, improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time. In 1989, the previous property owners, Roderick and Joyce Wilson initiated the designation process for the Fontaine Fox Property, currently described as Lots 1-3 of Ocean Apple Estates, for listing in the Local Register of Historic Places. The designation would ensure that the density of development for the property was restricted and would permit the construction of a dwelling on the lot directly across from the Fox residence on the east side of Ocean Boulevard. (Lot 1). The request for historic designation of the property and the restrictions imposed on the property to limit the division of the lots to just three and imposing a square footage limitation on the oceanfront lot (Lot 1) was supported by the property owners and was not an arbitrary action by the City. Due to the fact that these restrictions run with the land and not the 610 &615 N. Ocean Boulevard, Ordinance amendment - Individually Listed Property Page 3 owner, the designation and building restrictions should remain on all three lots associated with the property. The removal of the designation from the adjacent lot (lot 3) could hold long term implications for both the protection of the integrity of the extant historic structures at 610 N. Ocean Blvd. and the designation status of other sites and structures on the Local Register of Historic Places. In order to protect the integrity of the Fontaine Fox House and its contributing outbuildings, it is recommended that lot 3 be divided into just three additional parcels, allowing the development of these conforming lots for the construction of just one single family home on each parcel. The fourth lot, adjacent to the Fontaine Fox house (directly to the west of the house) should be divided to establish a minimum of a 50' buffer between the proposed new lots and the historic property. The residual area of this divided lot could then be incorporated into the three remaining proposed lots (lots 4-6). These restrictions will allow for further development of the property and is therefore not considered an economic hardship for the property owner. As the limitations on the property were already in place when the current owner purchased the property, there was an understanding of the property's development restrictions including the historic designation from the time of purchase. Additionally, the historic designation would remain on all three extant lots to ensure that the design elements including the scale and massing of the new construction conform to the Secretary of the Interior's Standards for Rehabilitation and the Delray Beach Design Guidelines. Controlled density and design elements for any new construction in close proximity to the historic structures on 610 and N. Ocean Blvd. would further protect the integrity of the structures and control future development plans around the buildings. To ensure that any new construction be designed to compliment the surrounding historic structures, a height limitation of 35' is recommended for any structure built on proposed 3 and"6 As the proposed project protrudes onto the adjacent lot to the north affecting the historic residence at 622 N. Ocean Blvd., it is recommended that steps be taken to list the house at 622 N. Ocean Blvd. on the Local Register of Historic Places and to move forward with the filing of a Preliminary Information Site Questionnaire (PSIQ) with the Division of Historical Resources (SHPO) in Tallahassee to ascertain the historical and architectural integrity of the Fontaine Fox house and its outbuildings for their nomination to the National Register of Historic Places. If the PSIQ yields positive findings towards listing the house, a National Register nomination should then be initiated and submitted to the National Park Service to designate the property and its contributing historic structures to the National Register. Both designation processes are to be initiated prior to the approval of the plat. These terms have been placed as conditions of approval. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve 2002-101-COA-CCA for the amendment to Ordinance 70-89 affecting 610 & 615 N. Ocean Blvd, the Fontaine Fox House, based upon positive findings with 610 &615 N. Ocean Boulevard, Ordinance amendment • Individually Listed Property Page 4 respect to LDR Section 4.5.1(B) and 4.5.1(K)(2) and the Delray Beach Design Guidelines subject to conditions. C. Deny approval of 2002-101-COA-CCA for the amendment to Ordinance 70-89 affecting 610 & 615 N. Ocean Blvd, the Fontaine Fox House, with the basis stated. RECOMMENDATION Approve the request to amend Ordinance #70-89 based on positive findings for the property at 610 & 615 N. Ocean Boulevard with respect to LDR Section 4.5.1 the Design Guidelines subject to the following conditions. 1) Maintain the geographical boundaries of the historic designation (Lots 1-3 and the south 10' of lot 3). 2) Modify the density restriction from three to five dwelling units. 3) Establish a minimum of a 50' buffer between the existing wall at the rear of 610 N. Ocean Boulevard and the lot adjacent (west) to the structures (approximately 140' east of the west line of Lot 2 of Ocean Apple Estates). 3) Restrict the height of any new construction of proposed lots 3 &6 to 35'. 4) Initiate the process for listing the residence at 622 N. Ocean Blvd in the Local Register of Historic Places. The designation process for local listing is to be initiated prior to the approval of the plat. 5) Move forward with the filing of a Preliminary Information Site Questionnaire (PSIQ) with the Division of Historical Resources (SHPO) in Tallahassee to ascertain the historical and architectural integrity of the Fontaine Fox house and its outbuildings for their nomination to the National Register of Historic Places. If the PSIQ yields positive findings towards listing the house, a National Register nomination should then be initiated and submitted to the National Park Service to designate the property and its contributing historic structures in the National Register of Historic Places. The designation process for listing in the National Register will be initiated prior to the approval of the plat. Attachments: Survey, Staff Report for Historic Designation of 610 N. Ocean Blvd. Report Prepared by:Wendy Shay, Historic Preservation Planner ELK, BANKIER CH RI S T'I J ATTORNEYS AT LAW M.ADAM BANKIER, P.A. A LIMITED LIABILITY PARTNERSHIP BOCA RATON 561.368.8800 ERIC C. CHRISTU, P.A.** SANCTUARY CENTRE . SUITE 200E PALM BEACH 561.820.0006 DEVON G. COUGHLAN 4800 NORTH FEDERAL HIGHWAY FAX 561.394.3699 SCOTT A. ELK, P.A." BOCA RATON. FLORIDA 33431 WWW.EBCLAW.COM DAVID S. GOLDFARB REBECCA L. HENDERSON ALAN L. OUILES LORRAINE O'HANLON ROGERS OF COUNSEL: LAWRENCE S. SCHWARTZ' May 13, 2002 'ADMITTED IN NEW JERSEY ONLY ...ALSO ADMITTED IN COLORADO VIA FACSIMILE TRANSFER AND FIRST CLASS MAIL Paul Dorling, AICP Director of Planning & Zoning City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: Village by the Sea Historic Preservation Application Dear Paul: This is a request for additional information for the Application for Modification for Legal Description on the Fontaine Fox House. I believe that the City provided to me the entire file prior to the hearing on April 2,2002. However,I believe that additional documentation was placed in the file during the hearing. Specifically, I recollect that the Commissioners each placed letters and copies of e-mails in the record and staff placed Ellen's resume in the record. I would also like to get a copy of the City of Delray Beach's Quasi Judicial Hearing Procedures. There is most likely an ordinance setting forth quasi judicial procedures within the City. I would appreciate your letting me know as soon as those are available. If you have any questions regarding this request please do not hesitate to contact me. Sincerely, ELK, BAN H T LLP BY: RLH:tsm F:\Users\SAE MCKINNEY\Ocean Apple Subdivision\ltrtodorling01.wpd RECF VED MAY 1 5 2002 r_h►�� �� u c;< ciidfiJG ORDINANCE NO. 13-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AMENDING ORDINANCE NO. 70-89 THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE FONTAINE FOX HOUSE AND PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided for the historic designation of the Fontaine Fox House and property described in L.D.R.Section 4.5.1(K)(2), and allowed the development of a total of three(3)dwelling units on the site which would include the development of a house on the east side of A-1-A,provided certain conditions were met; and WHEREAS,there currently exists the Fontaine Fox house and a house on the east side of State Road A-1-A within the historically designated area; and WHEREAS,the current owner of the Fontaine Fox house and lands west of A-1-A wishes to amend Ordinance No. 70-89. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Section 1. That Section 2, "Requirements of Designation"of Ordinance No. 70-89 of the City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 2, "Requirements of Development"to read as follows: Requirements of Designation The requirements of designation are as follows: (1) Two (2) dwelling units currently exist on the historic site, an additional three (3) dwelling units shall be allowed on the historic site west of A-1-A and to the rear of the currently existing Fontaine Fox House but beyond the sixty foot(60')buffer as described in Subsection 2,two (2) of which dwelling units (the most westerly two (2) dwelling units) shall be free of historic designation if the requirements set forth herein are met. (2) The developer shall establish a minimum of a sixty foot (60') buffer west of the existing retaining wall at the rear of the Fontaine Fox House,located at 610 North Ocean Boulevard, and any newly created lot to the west, by requiring the west lot line of any newly created lot containing the Fontaine Fox House, as it currently exists,to be a minimum of sixty feet(60')west of the existing rear retaining wall as it currently exists. (3) That in substitution for the property described in L.D.R. Section 4.5.1(K)(2) listed as an historic site,the following property be listed as a historic site: (I)the entirety of Lot 1,Plat of Hancock Subdivision, currently addressed as 622 North Ocean Boulevard; (ii) a portion of Ocean Apple Estates consisting of the present Lot 1,the present Lot 2 and a portion of the present Lot 3 as depicted in Exhibit"I"; and(iii) south ten feet(10') of Lot 3,Block E,Palm Beach Shores Acres which is east of A-1-A as depicted in Exhibit "I" attached hereto and made a part hereof and approved by the City Commission. The applicant must go through the full process and not voluntarily withdraw the designation application and such designation process must be completed prior to the recordation of the proposed final replat of the above-mentioned property. This item shall not be required if the City Commission fails to approve the designation. If the City Commission approves the designation,the property which is a part of Ocean Apples Estates not described above shall be free from any historic designation whatsoever. (4) No dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than two thousand four hundred square feet of gross floor area. Section 2. If the provisions of Section 1 are not met,then the following shall apply: (1) No more than three (3) dwelling units shall be used and/or developed within the boundaries of the Fontaine Fox Historic Site. This includes the two (2) dwelling units currently existing on the site. (2) No dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than two thousand four hundred square feet of gross floor area. Section 3. That should any section or provision of this ordinance or any portion thereof,any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be,and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2002. ATTEST MAYOR City Clerk First Reading Second Reading O:\VBTS002\Ordinance No.13-02.wpd • s . • ANDREWS AVENUE . > ..� I— I r— S G K m 0 z tv . --<< v 7 •r de gamI v . r _ -.%HARBOR Cf.i D r I z • V i a I 1 1 i 1 I • . MIP Mt 1 OCEAN BLV _ _ I 1 . : : A - 1 - A . 1 k . ; I . • 1 1 1 Nye% n3- _H art-1L a . 211,9 71 0OJ.S01 •. +" .16yd 0.3 id I('ow .om..... ■ r '♦ From the Desk of: Michael S.Weiner pcx4, P ( „uKA, (mr _ .)\ PtVf ORDINANCE NO. 13-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89 THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE FONTAINE FOX HOUSE AND PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided for the historic designation of the Fontaine Fox House and property described in L.D.R.Section 4.5.1(K)(2), and allowed the development of a total of three(3) dwelling units on the site which would include the development of a house on the east side of A-1-A,provided certain conditions were met; and WHEREAS, there currently exists the Fontaine Fox house and a house on the east side of State Road A-1-A within the historically designated area; and WHEREAS,the current owner of the Fontaine Fox house and lands west of A-1-A wishes to amend Ordinance No. 70-89. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2, "Requirements of Designation" of Ordinance No. 70-89 of the City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 2, 2tlytt-<,,, . "Requirements of Development"to read as follows: TAO 'I,' 0 Requirements of Development The requirements of clevelefaacnt are as follows: • • \�\ Two (2) dwelling units currently exist on the historic site, an additional three (3) dwelling units shall be allowed on the historic site west of A-1-A and to the rear of the currently existing Fontaine Fox House but beyond the sixty foot(60')buffer as described in Subsection 2,two . -: h dwelling units (the most westerly two (2) dwelling units) shall be free of historic designations(.1)the requirements set forth herein are met. rs - -veloper shall establish a minimum of a sixty foot (60') buffer west of the -xisting wall . •f the Fontaine Fox House,located at 610 North Ocean Boulevard, and any newly created lot to the west,by requiring the west lot line of any newly created lot containing the Fontaine Fox House, as it currently exists, to be a minimum of sixty feet(60')west of the existing rear wall as it currently exists. (3) That in substitution for the property described in L.D.R. Section 4.5.1(K)(2) listed as an historic site,the following property be listed as a historic site: (I)the entirety of Lot 1,Plat of Hancock Subdivision, currently addressed as 622 North Ocean Boulevard; (ii) a portion of Ocean • Apple Estates consisting oft . 1-nt Lot 1,the present Lot 2 and a portion of the present Lot 3 as depicted in Exhibit"I"; an� feet(10') of Lot 3,Block E, Palm Beach Shores Acres which is east of A-1-A as depicted in xhibit"I"attached hereto and made a part hereof and approved by the City Commission. The applicant must go through the full process and not voluntarily withdraw the designation application and such designation process must be completed prior to the recordation of the proposed final replat of the above-mentioned property. This item shall not be required if the City Commission fails to approve the designation. If the City Commission approves the designation, the property which is a part of Ocean Apples Estates not described above shall be free from any historic designation whatsoever. (4) No dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than two thousand four hundred square feet (2,400') of gross floor area. Section 2. If the provisions of Section 1 are not met,then the following shall apply: (1) No more than three (3) dwelling units shall be used and/or developed within the boundaries of the Fontaine Fox Historic Site. This includes the two (2) dwelling units currently existing on the site. (2) No dwelling unit used or developed on that portion of the Fontaine Fox Historic Site w•'-•.ies east of State Road A-1-A shall contain more than two thousand four hundred square feet (2,4 f gross floor area. ' Section 3. That should any section or provision of this ordinance or any portion thereof,any aLa 1aragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. f Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2002. ATTEST MAYOR City Clerk First Reading Second Reading - • • • ' ansmemmo 010/ri ED ar9r - MOO IN0 aMIP 1415-i001C. 50 r?et-ii 12 IT— ,r_, u _..,......,.....______.. • I I .V — e — V awl ?:i *S le a. no • Al8 NV330 i 1 1 • 1 L° 1 • 1 1 " I 1 . ••-..,--1 , II • PI . . • , , LA., I ---1 40 10iRIVF1\._ < in mni•••••••••••••• . I--_ CE 14., amp ar woo. it . Fe;... ii z co m < o < • -i co = . -J . • 5 T""" I i. • L . • • _ _____ - 311N3AV SM3dQNV. ................ . _ . ► i FAILED ON SECOND AND FINAL READING - 10/27/92 • i ORDINANCE NO. 53-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2, REQUIREMENTS OF DESIGNATION, PARAGRAPH 2 OF ORDINANCE NO. 70-89, TO PROVIDE FOR A CHANGE IN THE GROSS- FLOOR AREA FOR THE PROPERTY KNOWN AS THE FONTAINE FOX HOUSE LOCATED AT 610 N. OCEAN BOULEVARD; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach unanimously approved Ordinance No. 70-89 on October 24, 1989; and, WHEREAS, in June, 1992, a request was received to amend Ordinance No. 70-89 to allow an 850 square foot addition to the gross floor area of the Fontaine Fox House, resulting in a dwelling with a total of 3,250 gross square feet; and, WHEREAS, on September 16, 1992, the Historic Preservation Board conducted a public hearing on the proposal to change the gross floor area from two thousand four hundred (2,400) square feet to three thousand two hundred and fifty (3,250) square feet; and, WHEREAS, the Historic Preservation Board voted to recommend to the City Commission that Ordinance No. 70-89 be amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2, Requirements of Designation, Paragraph 2 of Ordinance No. 70-89 of the City of Delray Beach, Florida, passed and adopted on October 24, 1989, be, and the same is hereby amended to read as follows: 2) no dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than t06/01934A44d//44, /t44t/hiaiditshd//Az1400r three thousand two hundred and fifty (3,250) square feet of gross floor area. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 1992. MAYOR ATTEST: City Clerk First Reading October 13, 1992 Second Reading FAILED ON SECOND AND FINAL READING - 10/27/92 Manalapan real estate, florida homes and mansions -palm beach oceanfront Page 1 of 1 HISTORIC 3.10 ACRE SEASIDE COMPOUND 610-622 North Ocean Boulevard, Delray Beach, Florida Suggested Lot Sizes 610-6�2 North OceanBouleva d Delay Beach,Fimida • •. •.$.••.•.••.•• 8 8 x 44 w :m: : : : : : : : : 8 x s s : t ry M M , W O Lit re, R. 8 $ 4 Ys n h o��/, IY O .�-1 ,{y r fI El El 8 AMhanv ilmorm Frank McKinney& Company Contact Frank McKinney Telephone 561.274.9696 Email info@palmbeachoceanfront.com Information contained herein believed accurate,but not warranted. 01/21/2002 http://www.palmbeachoceanfront.com/land_610_622/610_622Jand.htm 4/2/2002 • ORDINANCE NO. 53-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2, REQUIREMENTS OF DESIGNATION, PARAGRAPH 2 OF ORDINANCE NO. 70-89, TO PROVIDE FOR A CHANGE IN THE GROSS FLOOR AREA FOR THE PROPERTY KNOWN AS THE FONTAINE FOX HOUSE LOCATED AT 610 N. OCEAN BOULEVARD; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach unanimously approved Ordinance No. 70-89 on October 24, 1989; and, WHEREAS, in June, 1992, a request was received to amend Ordinance No. 70-89 to allow an 850 square foot addition to the gross floor area of the Fontaine Fox House, resulting in a dwelling with a total of 3,250 gross square feet; and, WHEREAS, on September 16, 1992, the Historic Preservation Board conducted a public hearing on the proposal to change the gross floor area from two thousand four hundred (2,400) square feet to three thousand two hundred and fifty (3,250) square feet; and, WHEREAS, the Historic Preservation Board voted to recommend to the City Commission that Ordinance No. 70-89 be amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2, Requirements of Designatior Paragraph 2 of Ordinance No. 70-89 of the City of Delray Beach, Florida, passed and adopted on October 24, 1989, be, and the same is hereby amended to read as follows: 2) no dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than t06/thditilid//4.Ad/fdlit/htaidtdd//A 2 J i 0 0 Y three thousand two hundred and fifty (3,250) square feet of gross floor area. • Section 2. That all ordinances or parts of ordinances in • conflict herewith be, and the same are hereby repealed. • Section 3. That should any section or provision of this ordinance or any portion thereof, - any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. ii PASSED AND ADOPTED in regular session on second and final reading on this the day of 1992. MAYOR 11 ATTEST: City Clerk First Reading Second Reading - t �i MEMORANDUM • To: The Historic Preservation Board From: J Stanley Weedon, Jr. , Assistant Planning Director Al Re: Fox House Nomination/Designation Date: September 11, 1989 ITEM BEFORE THE BOARD: • The item before the Board is the consideration of the Fox House historic site nomination and whether to accept the nomination and designation reports and schedule a public hearing on the requested designation. The authority of the Board on this issue is granted via Chapter 174 , Historic Preservation of the City of Delray Beach Code. Designation of a property as an historic site involves two meetings before the Board, acceptance of the nomination report, and the public hearing on the proposed designation. Application via a nomination report is made to the Board, said nomination report being abcepted at a scheduled Board meeting. Subsequently, the Board is required to evaluate the nomination report, prepare a designation report and set a date for a public hearing on the designation of the nominated property. The applicant has submitted both a nomination and a designation report. Therefore the initial actions of the Board are to: 1. Accept, accept with modifications, request additional information and continue discussion, or reject the nomination application and report, 2 . Accept, accept with modifications, request additional information, or reject the designation report, and 3 . schedule a public hearing on the proposed designation. Due to time constraints expressed by the applicant, a tentative public hearing date of September 20 , 1989 at 9 : 00 has been published and individual notices to all adjacent property owners within 300 feet have been provided. Should the Board not accept either of the submitted reports or determine that the scheduled public hearing should be postponed to allow additional time before the public hearing and gather additional information or citizen input the additional costs of a second notice/publication will be the responsibility of the applicant. BACKGROUND: The subject property has been the subject of two previous applications for subdivision. In 1985 the present owners attempted to divide the portion of the property west of Ocean Boulevard (A-1-A) into five lots. The existing house and cottages would have been located on a lot of 35, 546 square feet and the balance of the property divided into four lots of 15, 000 square feet each with access provided via an access easement. The final plat was approved by the City Commission on May 28, 1985 and included a waiver of the sidewalk requirement for Andrews Boulevard. The approved plat has never been recorded. The Engineering Department indicates that approved plats do not have an expiration date even though not recorded. Should the status of this approved and unrecorded plat become a topic of discussion, a formal legal interpretation on the status of the plat should be requested from the City Attorney, as zoning, subdivision requirements or City policy may have changed in the ensuing four years. in early 1989 the existing owners made application for subdivision of the property into three parcels , the land lying east of Ocean Boulevard (A-1-A) , a 61, 808 square foot parcel directly west of A-1-A ( for the existing structures ) , and a 39, 075 square foot parcel lying adjacent to and east of Andrews Boulevard. The applicants requested a temporary abeyance of this application via a letter dated March 31, 1989 . Consideration of the latest request for subdivision of the property has identified several constraints to providing a . buildable lot or parcel east of A-i-A. The minimum lot size in the R-1AAA District is 12, 500 square feet. The City Commission has approved the vacation of a ten ( 10 ) foot easement which lies adjacent to this proposed parcel on the south side. When this vacation is recorded, the proposed lot will measure 100 feet in width with 97.72 depth on the north and 83 . 11 depth on the south. The minimum depth in the R-lAAA District is 110 feet. The presently required right-of-way width for A-1-A is 80 feet, which would further reduce the depth of the proposed lot. The C_tvs ' draft comprehensive plan includes a statement opposing widening or other enhancements of A-1-A which would accommodate greater traffic flows, and that the City in FY 89-90 will ' request a "constrained facility" designation and a reduction of right-of-way on the County Thoroughfare Plan (Policy -5 . 3 , Traffic Element) . The applicant, as part of the current subdivision request, was advised to contact the County to request a reduction in the required right-of-way. The County has responded that this will necessitate an amendment to the comprehensive plan which could be submitted in October. The easterly property line of the proposed lot east of A-1-A is defined by the State delineated Erosion Control Line (ECL) and Coastal Construction Control Line ( CCCL) . Title to land seaward of the ECL became vested in the State, and title of lands - 2 - • landward of the ECL remained vested in the upland owner. Prior to establishment of the ECL, the mean high water line defined the seaward lot limits. Structure proposed seaward of the ECL must meet strict design and environmental standards and require a permit from the Florida Department of Natural Resources. ANALYSIS: Acceptance of the Application and Reports: The nomination and designation reports appear to contain sufficient information for the Board to: 1. Accept, accept with modifications, request additional information and continue discussion, or reject the nomination application and report, 2. Accept, accept with modifications, request additional cinonofrim tthne,soch eduleng the td spn ohn eraprg to n antd e3 . proposed designation. Therefore, the Board should first consider and vote on each of these items separately. Prior to answering questions n1 and ;;2, the Board must determine if they accept the conditions which the applicant is attempting to place on the application for historic site nomination and historic site designation. The applicant has stated a case for, and requests that the Board grant four conditional zoning requirements concurrent with designation of the property as an historic site. This request is based upon the language of Section 174 . 20 (E) ( 2 ) which states: a designation report will contain . . . any proposed conditional zoning regulations designed to replace or complement existing zoning regulations with regard to, but not limited to use, floor area, density, height, setbacks, parking, minimum lot size, and the like, or create any additional conditions provided for in this subchapter . . . . • Section 174 . 20 (E) ( 2 ) is not provided as an avenue to circumvent or avoid the standard requirements of the City Code but to provide a method by which the Historic Preservation Board can assure the proper protection or enhancement of designated buildings , sites, structures, interiors or districts. To that end, conditional zoning regulations should only be stipulated where adherence to standard code requirements would endanger the designated buildings, sites, structures, interiors or districts. The Board is granted variance authority for historic sites in Section 174 . 54 Variances, but has no variance authority for nominated properties. - 3 - • The request before the Board attempts to designate the entire property as an historic site and at the same time define future development potentials for the balance of the property by specifying the number of permitted units, waiving right-of-way requirements, varying setbacks and minimum lot size, and specifying a maximum dwelling unit size. These requests, a indicated in the following section "A Specific Discussion of the Conditions" , are inappropriate, and the Board should accept the nomination and designation reports with modification of via the deletion of the applicants requested conditions. If the Board accepts the reports with the deletion of the applicants requested conditions, it is highly probable that the applicant will withdraw the requests for nomination and designation. Section 173 . 20 provides that nominations for historic sites may be initiated by the Historic Preservation Board, the City Commission, or the property owner. Should the applicant withdraw the nomination, the rd should strongly consider making the nomination request rsel and set a date for a public hearing on the designation •r 10 . The information presented in the nomination report provides adequate documentation of the local historical significance of the site and for recognition of the site on the National Register of Historic Places. Whetner the applicant wit s t e n mina on app=ariari or not, the following issues should be discussed as they will help the Board in determining/defining the content and form of any subsequent application by the Board, property owner, e or City Commission 1 Given the applicants desire to develop the undeveloped portions of the property, the Board must make several determinations prior to accepting the designation report and consideration of the applicants proposed conditions. These questions are identified below: A. is it necessary to .include the entire property to ensure the integrity of an historic site designation of the existing structures and/or property? If the answer to question A is "yes" , the Board should move to question B. If the answer to question A is "no" , the Board should request the applicant to amend the designation request to define only those lands and structures necessary to maintain the integrity of the historical site designation and address the remaining questions only to the area which would be designated as an historic site. B. Will additional development of all or a part of the balance of the property jeopardize the integrity of the historic site designation? - 4 - If the answer to question B is "yes" , the Board should recommend conditional approval of the designation with a stipulation that the property be maintained at its present development level, and further development or subdivision of the property should not occur. If the answer is "no" , the Board should continue with the remaining two questions. C. If all or a portion of the balance of the property can be developed without jeopardizing the integrity of the existing structures, should future development be required to maintain . or continue the character/architecture of the existing structures and grounds? If the answer to question C is "yes" , the Board should specifically define the acceptable nature and style of development/architecture which would be required to maintain the integrity of the designation. If the answer is "no" , no further discussion regarding the maintenance or continuance of the character/architecture of the existing structures and grounds need occur (proceed to"D" ) . D. If development can occur on all or a portion of the balance of the property, are there conditional zoning regulations which should be stipulated which would complement or replace existing zoning regulations, enhance the historic site designation of the property, or prevent the future degradation of the historic site designation? If the answer to question D is "yes" , the Board should specifically identify any conditional zoning regulations which should be recommended to complement or replace existing zoning regulations governing the property. These conditional zoning regulations may enhance existing regulations, but may not deviate from the minimum requirements of the zoning code. Lacking a specific development plan, the Boards consideration should be limited to additional restrictions to future development which would prevent the future degradation to the integrity or character of the designation of the historic site. For example, if construction of an additional structure( s ) were permitted, would a building height less than that allowed by the code contribute to maintaining the character or integrity of the property designated as an historic site ( ie. view corridor) , A Specific Discussion of the Conditions : As previously indicated, the applicant has requested that four conditional zoning requirements be attached to approval of the entire property as an historic site. The proposed conditions apply only to the development of the balance of the property and have no bearing whatsoever on the existing structures. If the Board has determined that it is necessary to designate only a - 5 - • portion of the property as an historic site, further discussion of the proposed conditions is unnecessary. If not, the proposed conditions and a discussion of each follows: 1. the total number of dwelling units that can be developed on the subject property shall not exceed three ( 3) . The number of dwelling units allowed on a property are a function of the zoning and subdivision regulations. Specifying a number of units concurrent with designation of the .property as an historic site has no bearing on the actual designation itself, unless the Board feels that additional development of all or a portion of the property jeopardizes the historic significance or nature of the site or structures. The necessity to complement or replace existing zoning regulations for the property west of A-1-A is not supported by the evidence submitted. The question of whether a single family residence can be built on the property east of A-1-A is more appropriately answered through normal development proposal/review channels. A determination at this time would not complement existing zoning regulations and the need to replace the existing zoning regulations is not supported by the evidence submitted. Variances from the minimum requirements of the zoning . code may be addressed at a later time. The Boards should indicate for the record whether the further subdivision of the property into additional building lots is acceptable and if so, whether any future structures should follow the architectural style set by the existing structures. If further subdivision is not acceptable; the Board should so indicate in its ' actions/motions . The Board should also indicate whether the construction of a residence on the property east of A-1-A jeopardizes the designation of the property as an historic site. 2. A single family dwelling may be constructed on the subject property east of A-1-A within the area designated by building lines depicted on Exhibit C of the nomination report, with five ( 5 ) foot setbacks on the north and south property lines. The issue of a single family residence is addressed in the answer to nl above. Existing City code requires a minimum side setback of twelve ( 12 ) feet. The minimum residential side setback perm?tted by the City Code is seven and a half (7 . 5 ) feet in the R-1A, R-1A-3, and R-1A-C Districts . This issue is more appropriately addressed as a variance request to the Board so that appropriate supporting evidence, such as proposed building design and construction type as well as adjacent property conditions can be considered, and specific public notice regarding the request can be provided to adjacent property owners. - 6 - 3 . The single family dwelling east of A-1-A shall not exceed twenty four hundred ( 2, 400) square feet. The City Code requires a minimum twenty two hundred ( 2, 200) square foot floor area in the applicable R-1AAA District. There is no requirement or restriction governing the maximum size of a permitted single family residence in the R-1AAA District. This proposed condition has no bearing upon the proposed historic site designation of the existing structures, the two properties being separated by A-1-A, therefore this request or stipulation is inappropriate. 4. . the right-of-way of State Road A-1-A shall be sixty ( 60) feet and no reservation in excess of the east half of sixty ( 60) feet shall be required as a condition of development east of A-i-A. The City cannot stipulate the right-of-way width for a State Road, nor can the City or the Historic Preservation Board waive the required dedication. The Citys ' draft comprehensive plan includes a statement opposing widening or other enhancements of A-1-A which would accommodate greater traffic flows, and that the City will in FY 89-90 request a "constrained facility" designation and a reduction of right-of-way on the County Thoroughfare Plan (Policy A-5 . 3 , Traffic Element) . The applicant, as part of the current subdivision request, was advised to contact the County to request a reduction in the required right-of-way. The County has responded that this will necessitate an amendment to the comprehensive plan which could be submitted in October. The net effect of granting the applicants proposed conditions would be to grant a variance to existing requirements of the City Code and the County Thoroughfare Plan. A variance to the City Code cannot be granted in generality, but must be specific, with specific notice of said variance application being provided to adjacent property• owners . A variance to allow three units would be inappropriate, but a variance to the required minimum lot area or dimensions would be appropriate. However resolution of the issue of right-of-way width and lot area must first be defined by pursuing the recommended actions of the subdivision application before a variance request can be considered by this Board. The City cannot grant a variance to the County Thoroughfare Plan, rather the applicant or the City must pursue a reduction of the required right-of-way via amendment of the County Thoroughfare Plan. SUMMARY: The application and reports are complete and contain sufficient information for the Board to make appropriate decisions on the issues before the Board. However, the nomination and designation reports contain conditional zoning requests by the applicant which are inappropriate at this time. The applicant should - 7 - • reactivate the pending subdivision application and attempt to define the development potential via the appropriate procedures . Upon definition of the development potential, ie. approval of a final plat, the Historic Preservation Board can consider specific variance requests for the area designated as an historic site as specified in Section 174 . 54 Variances. ALTERNATIVE ACTIONS: At this meeting, the Board must make three initial decisions as discussed above and enumerated below: 1. Accept, accept with modifications, request additional information and continue discussion, . or reject the nomination application and report, 2. Accept, accept with modifications, request additional information, or reject the designation report, and 3 . schedule a public hearing on the proposed designation. Concurrent with decisions nl and n2 the disposition of the applicants requested conditions must be made. Only three options are available to the Board on this issue: A. Accept the conditions as requested, B request the applicant to modify the conditions as submitted, or C. eliminate or reject the requested conditions. If the Board determines that the conditions are inappropriate to the consideration of the historic site designation, the applicant may withdraw the application. If this happens, the Board should be prepared to decide if it will make application itself. If so, a public hearing on the designation should be set for a later date and staff directed to prepare the appropriate notification and publication. RECOMMENDATION: That the Board: 1. Accept the nomination application and nomination report with the modifications, said modifications being the elimination of the conditions requested by the applicant, 2 . Accept the designation report with modifications, said modifications being the elimination of the conditions requested by the applicant, 3 . Schedule a public hearing on the proposed designation for September 20 , 1989 . Should the applicant withdraw the application, the Board should make application itself, direct staff to prepare the required notices and publications, and set a public hearing date for the historic site designation hearing. - 8 - • ORDINANCE NO. 13-87 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING CHAPTER 31, "HISTORIC PRESER- VATION" TO THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE WITHIN ARTICLE I, "GENERAL", FOR LEGISLATIVE INTENT AND PURPOSE, TO PROVIDE DEFINITIONS; TO PROVIDE WITHIN ARTICLE II, "HISTORIC PRESERVATION BOARD", FOR THE CREATION AND COMPOSITION OF THE PRESERVATION BOARD, TO PROVIDE TERMS OF OFFICE, TO PROVIDE FOR ORGANIZATION OF THE BOARD, TO PROVIDE FOR DUTIES, FUNCTIONS AND POWERS OF THE BOARD GENERALLY; TO PROVIDE WITHIN ARTICLE III, "DESIGNATION OF HISTORIC SITES", DIVISION ONE, "DESIG- NATION STANDARDS", FOR THE RELATIONSHIP TO ZONING DISTRICTS, TO PROVIDE FOR CLASSIFICATIONS OF STRUCTURES AND BUILDINGS, TO PROVIDE PRESERVATION STANDARDS, TO PROVIDE DEVELOPMENT STANDARDS; TO PROVIDE WITHIN ARTICLE III, "DESIGNATION OF HISTORIC SITES", DIVISION TWO, "DESIGNATION PROCEDURES", FOR THE NOMINATION FOR HISTORIC SITE DESIGNATION, TO PROVIDE FOR NOMINATION, NOTIFICATION AND HEARINGS, TO PROVIDE FOR BOARD RECOMMENDATIONS AND APPEALS, TO PROVIDE FOR A LOCAL REGISTER OF HISTORIC PLACES; TO PROVIDE WITHIN ARTICLE IV, "CERTIFICATE OF APPROPRIATENESS", FOR BASIC REQUIRE- MENTS, TO PROVIDE FOR REVIEW GUIDELINES, TO PROVIDE FOR REVIEW INITIATION AND PROCEDURES, TO PROVIDE FOR DEMOLITION OF HISTORIC SITES AND WITHIN HISTORIC DISTRICTS; TO PROVIDE WITHIN ARTICLE V, "SPECIAL PROVISIONS FOR ADMINISTRATION AND ENFORCEMENT", FOR VARIANCES, TO PROVIDE FOR AMENDMENTS TO DESIGNATIONS, TO PROVIDE FOR ORDINARY MAINTENANCE AND REPAIR, TO PROVIDE FOR ENFORCEMENT OF MAINTENANCE AND REPAIR PROVISIONS, TO PROVIDE FOR UNSAFE STRUCTURES, TO PROVIDE FOR EMERGENCY CONDITIONS, TO PROVIDE FOR INSPECTIONS, TO PROVIDE FOR UNDUE ECONOMIC HARDSHIP, TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THIS CHAPTER; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Delray Reach, Florida wishes to implement the provisions of the Historic Preservation Act. WHEREAS, the City Council is dedicated to the identification, recording, • restoration and preservation of significant historic properties in the City of Delray Beach, Florida. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA TO READ AS FOLLOWS: Section 1. That Chapter 31, "Historic Preservation" of the Code of Ordinances of the City of Delray Beach, Florida; be and the same is hereby enacted to read as follows: Chapter 31 HISTORIC PRESERVATION Art. I General 45 31-1-31-2 Art. II Historic Preservation Board 4 31-3-31-6 Art. III Designation of Historic Sites SS 31-7-31-14 Div. 1 Designation Standards f 31-7-31-10 Div. 2 Designation Procedures 45 31-14 Art. IV Certificate of Appropriateness Si 31-15-31-18 Art. V Special Provisions, Enforcement if 31-19-31-28 1 • ARTICLE I. GENERAL Sec. 31-1. Legislative Intent and Purpose. The City Council of the City of Delray Beach finds as follows: (1) Located within the City, there are districts, archaeological sites, buildings. structures, improvements and appurtenances, both public and private, the- are reminders of past eras, events and persons important in local, state anc national history, or that provide significant examples of architectural styles o the past, or that are unique and irreplaceable assets to the City and it: neighborhoods, or that provide for this and future generations examples o the physical surroundings in which past generations lived; (2) The City of Delray Beach will include a preservation and conservation elemen• within its Comprehensive Land Use Plan as required by state law; (3) Through this and other dedicated efforts of local public and private group: and individuals, the value of a district and numerous archaeological sites buildings, structures, improvements and appurtenances, both public anc private, has been recognized by their inclusion in or consideration for th( National Register of Historic Places; the state inventory, maintained by the Division of Archives, History and Records Management, Department of State: the Historic Palm Beach County Preservation Board, and the City's survey o historic sites and districts; however, many other historic sites and district: remain unidentified; (4) The recognition, protection, enhancement and use of such resources is public purpose and is essential to the health, safety, morals and economic. educational, cultural and general welfare of the public, because these effortE result in positive benefits to the City and its residents: (A) The enhancement of property values; (B) The stabilization and improvement of neighborhoods and areas of th( City; (C) The increase of economic benefits to the City and its residents; (D) The promotion of local interest; (E) The enrichment of human life in its educational and cultural dimensions, serving spiritual as well as material needs; and (F) The fostering of civic pride in the beauty and accomplishments of the past; (5) It is the policy of the City to encourage beautification and general improve- ment of, and cleanliness within, the City by requiring the installation of appropriate landscaping that will enhance the community's ecological, environ- mental and aesthetic qualities, and that will preserve and enhance the value of the property; (6) The City has encouraged and continues to encourage redevelopment of the original center of the City; (7) The City Council wishes to take advantage of all available state and federal laws and programs that may assist in the development of the City; (8) The federal government has established a program of matching grants-in-aid for projects having as their purpose the preservation for public benefit of properties that are significant in American history, architecture, archaeology and culture; (9) There are other federal programs and policies providing monies for projects involving the rehabilitation of existing districts, archaeological sites, buildings, structures, improvements and appurtenances; 2 ORD. NO. 13-87 • (10) The policy of the City is to conserve and enhance the existing housing stool and extend the economic life of each housing unit through the rehabilitatior of such units under housing and community redevelopment programs it selected areas; (11) There are other public and private programs providing grants, loans or other monies for the preservation and rehabilitation of existing districts archaeological sites, buildings, structures, improvements and appurtenances; (12) The City, in applying for grant funds under the Housing and Communit' Development Act of 1974, must comply with the requirements of severs federal laws relating to the protection of historical, architectural, archaeologi cal and cultural resources as part of the environmental review process; (13) Inherent in the enactment and implementation of these federal mandates is th, policy of the United States government that the spirit and direction of th, nation are founded upon and reflected in its historic past; that the histories and cultural foundations of the nation should be preserved as a living part o our community life and development in order to give a sense of orientation t, the American people; that in the face of the ever increasing extension o urban centers, highways, and residential, commercial and industrial develop ments, the present governmental and nongovernmental programs and activitie are inadequate to ensure future generations a genuine opportunity t appreciate and enjoy the rich heritage of our nation; (14) It is the will of the people of the State of Florida as expressed in Article II Section 7 of the 1968 Constitution that the state's natural resources an scenic beauty be conserved and protected; and (15) It is the will of the state legislature, as expressed in Chapter 27 of th Florida Statutes, that the state's historic sites and properties, buildings artifacts, treasure troves, and objects of antiquity, which have scientific o historical value, or are of interest to the public, be protected and preserved In recognition of these findings, the purpose of this ordinance is to promote th health, morals, economic, educational, aesthetic, cultural and general welfare of th City of Delray Beach and its residents through: (A) The identification, preservation, protection, enhancement, perpetuation an( use of districts, archaeological sites, buildings, structures, improvements and appurtenances that are reminders of past eras, events, and person important in local, state or national history, or that provide significan examples of architectural styles of the part, or that are unique an( irreplaceable assets to the City and its neighborhoods. or that provide thi! and future generations with examples of the physical surroundings in whicl past generations lived; (B) The enhancement of property values, the stabilization of neighborhoods anc business centers of the City, the increase of economic and financial benefits • the City and its residents, and the promotion of local interests; (C) The encouragement of new structures, buildings and developments that will b( in harmony with existing historic structures; (D) The assistance of City property owners to become eligible for federal, stat and local tax incentives, property tax deferral programs, transfer of develop ment right programs, and other federal, state, local and private programs designed to encourage and enhance historic preservation; (E) The preservation and enhancement of varied architectural styles, reflectin the City's cultural, social, economic, and architectural history; and, 3 ORD. NO. 13-87 1 (F) The enrichment of human life in its educational and cultural dimensions in order to serve the spiritual as well as material needs by fostering knowledge of the living heritage of the past. Sec. 31-2. Definitions. The following definitions will apply for the purposes of this ordinance: (1) Alteration. Any change affecting the exterior appearance of an existing structure or improvement by additions, reconstruction, remodeling, mainte- nance or structural changes involving changes in form, texture, materials or color or any such changes in appearance in specially designated historic site, or historic interiors. (2) Applicant. The record owner of the property and/or improvements located thereof. (3) Archaeological site. Earthworks, any subsurface remains of historical, archaeological or architectural importance, or any unusual ground formations of archaeological significance. (4) Board. The Delray Beach Historic Preservation 'Board as created and constituted by Article II of this ordinance. (5) Building. A structure, edifice, or any part thereof, designed to stand permanently and intended for use, occupancy or ornamentation. (6) Certificate of Appropriateness. A written document, issued under the terms and conditions of this ordinance, allowing specified alterations, demolition, construction, or other work to a designated historic site, or for a building or structure within a designated historic district. (7) Contributing Building. A building contributing to the historic significance of a district which by virtue of its location, design, setting, materials, workmanship, or association with local historic events or personalities lends to the district's sense of time and place within the context of the intent of historic preservation. (8) Delray Beach Historic Preservation Board. As created by Article II, a Board of seven (7) members being responsible for executing this ordinance and enhancing, promoting and regulating historic preservation within the City of Delray Beach. (9) Demolition. The act or process of wrecking, destroying, or removing any building or structure, or any exterior or structural part thereof. (10) Designated exterior. All outside surfaces of any improvement, building, structure defined in the historic preservation survey as having significant value to the historic character of the building, district or City. (11) Exterior. All outside surfaces of any building or structure. (12) Historic District. A geographically defined area with a significant concen- tration, linkage, or continuity of landmarks, improvements, or landscape features urdted .y historic events or aesthetically by plan or physical development, and which area has been designated as a historic district under the procedures described in this ordinance. Any historic district may have within its area non-historic buildings or other structures that contribute to the overall visual character of the district. (13) Historic Site. Any site, building, structure, feature or improvement which has been designated as a "historic site" under the terms, conditions and procedures of this ordinance. 4 ORD. NO. 13-87 • • (14) Historic Site Survey. A comprehensive survey compiled by the Historic Preservation Board designed to identify, research and document buildings, sites and structures of any historic, cultural, architectural or landmark importance in Delray Beach, Florida. The Board may compile said survey in cooperation with state and local public and non-profit historic preservation organizations to prevent a duplication of effort. (15) Improvement. Any building, structure, fence, gate, wall, walkway, parking facility, light fixture, bench, foundation, sign, work of art, earthworks, sidewalk, or other man-made objects constituting a physical change or better- ment of real property, or any part or portion of said change or betterment. (16) Landscape Feature. Any improvement or vegetation including, but not limited to: outbuildings, walls, courtyards, fences, shrubbery, trees, sidewalks, planters, plantings, gates, street furniture and exterior lighting. (17) Local Register of Historic Places. A listing and a means by which to identify, classify and recognize various archaeological sites, buildings, structures, improvements, districts and appurtenances as historically and/or architecturally significant. (18) National Register of Historic Places. A federal listing maintained by the U.S. Department of the Interior of buildings, structures and districts that have attained a quality of significance as determined by the Historic Preservation Act of 1966, as amended. (19) Non-contributing Building. A building within a historic district which does not add to a historic district's sense of time and place and historical develop- ment; or a building where the location, design, setting, materials, workmanship, and association have been so changed, or have so deteriorated that the overall integrity of the building has been irretrievably lost. (20) Ordinary Maintenance or Repair. Any work for which a building permit is not required by law, where the purpose and effect of such work is to correct any physical deterioration or damage of an improvement, or any part thereof by restoring it, as nearly as practical, to its appearance prior to the occurrence of such deterioration or damage. (21) Structure. A man-made work made up of interdependent and interrelated parts in a definite pattern or organization. (22) Undue economic hardship. An exceptional financial burden that might otherwise amount to the taking of property without just compensation, or failure to achieve a reasonable economic return in the case of • income-producing properties. The evidence and testimony needed to establish an undue economic hardship is specified in Articles IV and V. ARTICLE II. HISTORIC PRESERVATION BOARD Sec. 31-3. Creation and Composition. (1) There is hereby created a Historic Preservation Board of the City of Delray Beach. It will consist of seven (7) members appointed by the City Council. (2) A five-member committee, whose membership will include the Chairman of the Planning and zoning Board, the President of the Delray Beach Historical Society, the Chairman of the Community Redevelopment Agency (CRA), Chairman of the Communit) Appearance Board, and one member selected by City Council,will nominate members o: the board to the City Council. AU such nominees shall be residents of the City o: Delray Beach; each nominee shall represent a broad geographic area of the City o Delray Beach. (3) The committee will make nominations within thirty (30) days following th passage of this ordinance. Thereafter, the nominating committee shall meet to nominat 5 ORD. NO. 13-87 new Board members or to fill vacancies as the need arises. The committee's nominations are subject to approval by the City Council. (4) It is intended that members of the Historic Preservation Board will be persons of knowledge, experience, judgment and background, and have personal or professional interest or experience in historic restoration and preservation. They will have the ability and desire to act in the public interest and represent, insofar as possible, the various special personal and professional interests required to make informed and equi- table decisions concerning the preservation, conservation and protection of historic districts and structures. Sec. 31-4. Terms of Office. (1) The initial terms of four of the members nominated by the committee shall last two years from the day the Board is formally established while the initial terms of the remaining three members shall last three years. Thereafter, the terms of all members will be two (2) years. - (2) The term of a Board member will be automatically terminated in the event a member fails to attend any three consecutive regularly scheduled meetings, or any four meetings in any 12-month period during the member's term of office. This provision does not include special or emergency meetings. (3) Any member may be removed with or without cause by a majority vote of the City Council. Appointments to replace any member due to death, resignation, or removal will be made by the City Council and will last for the unexpired term. Board members may only serve for two consecutive terms. The serving of an unexpired term shall not be counted toward the two term limitation. (4) Members of the Historic Preservation Board will serve without pay, but may be reimbursed appropriate, necessary expenses. Sec. 31-5. Organization. (1) The Board will elect a Chairman and a Vice-Chairman from its membership. They will serve terms of one year each. Nothing will prevent the Board from electing the Chairman and the Vice-Chairman for an additional term, but they may not serve more than two consecutive years. The Chairman will preside over the Board and will have the right to vote. In the absence or disability of the Chairman, the Vice-Chairman will perform the duties of the Chairman. The City Manager's designee _shall act as the City Historic Preservation Officer, and will serve as Secretary of the Board. (2) A majority of the Board (four) will constitute a quorum, but no application for approval of a Certificate of Appropriateness will be denied except by the vote of a majority of the entire Board (four votes of seven total). • (3) The Board shall adopt rules providing for the transaction of its business and consideration of applications, for the time and place of regular meetings, and for the calling of special or emergency meetings. All meetings of the board shall be open to the public and a public record will be kept of the Board's resolutions, proceedings, and actions. (4) The Board's rules and regulations shall not conflict with the Constitution and general rules of the State of Florida, nor the City Charter, and will govern and control hearings and actions of the board. No rules and regulations will bacomc effective until a public hearing upon the proposed rules and regulations has been held • before the Board. The rules and regulations, with any amendments and modifications thereto, must be approved by the City Council and filed with the City Clerk. Upon approval by the City Council, such rules and regulations will have the force and effect of law within the City of Delray Beach, Florida. (5) The board will hold regular meetings to consider nominations for designation of historic status, review applications for Certificates of Appropriateness, and conduct other such duties and business as the Board is charged with under this ordinance. 6 ORD. NO. 13-87 The Board must meet within fifteen (15) days of a nomination for designation or the filing of a certificate of appropriateness to consider such nominations and applications, unless the applicant or nominating party is willing to delay consideration until the next regular meeting of the Board. (6) The Board will draft and propose an annual budget to the City Council in accordance with the normal annual City budget approval process. The City Council may appropriate funds from general revenues, or collected with appropriate fees and/or received from gifts, state or federal grants, and other sources, in the budget for the Historic Preservation Board for expenses necessary to the conduct of its work. Accep- • tance of any loans, grants, bequests, gifts or revenues from sources other than fees must be approved by the City Council. Sec. 31-6. Duties, Functions and Powers of the Board Generally. The Historic Preservation Board will have the following powers, functions and duties, in addition to such other powers, duties, functions and authority as may be set forth elsewhere in the Code of Ordinances of the City of Delray Beach, Florida: (1) Develop, maintain and update a survey of archaeological sites, properties, buildings, structures and districts of special historic, aesthetic, architec- tural, cultural or social value or interest. The Board will endeavor to improve, expand and make more accurate the survey as additional documents, information, oral histories, and other such materials may become available, and it will periodically re-evaluate the survey. The Board will work with the Delray Beach Historical Society, the Florida Bureau of Historic Preservation, the Historic Palm Beach County Preservation Board, and other appropriate public and non-profit organizations in developing this survey. (2) Nominate properties for designation, and regulate and administer such properties, structures, buildings, sites, districts, etc. so designated as historic sites and/or historic districts. (3) Participate in the National Register program in Florida to the greatest possible extent, as defined by the 1981 and subsequent amendments to the Historic Preservation Act of 1966 and regulations and rules drafted pursuant to those amendments by the National Park Service and the Florida State Bureau of Historic Preservation. (4) Act as a regulatory body to approve, deny or modify Certificates of Appropriateness as specified by Article V of this ordinance. (5) Make recommendations concerning zoning code amendments to the Planning and Zoning Board, and concerning building code amendments to the chief building official. (6) Make determinations, in cases of undue economic hardship, to vary, waive, or supersede provisions of the zoning code when appropriateness as a means of encouraging significant historic preservation. Such determinations will be made only after review and comment by the appropriate City departments, including, but not limited to the Department of Development and Inspections, Planning Department, and Engineering Department. The Board shall act in lieu of the board of Adjustment concerning variances of the zoning code for properties within historic districts and for properties designated as historic sites or listed on the Local Register of Historic Places. (7) Develop, establish and regulate guidelines concerning contemporaneous architectural styles, colors, building materials and so forth for historic sites and within historic districts. Such guidelines will be subject to review by the Community Appearance Board and the Planning and Zoning Board, and will be subject to approval by the City Council. The Board's consideration and approval of Certificates of Appropriateness under these guidelines shall be in lieu of consideration and approval by the Community Appearance Board. 7 ORD. NO. 13-87 • (8) Make recommendations to the City council about facade easements, the impos tion of other strictions, and the negotiation of contracts for the purposes historic preservation. (9) Increase public awareness of the value of historic preservation by developing conducting and participating in public education programs. (10) Make recommendations to the City Council concerning the use of grants fro: federal and state agencies, and the use of City funds to promote the preser vation and conservation of historically and aesthetically significan archaeological sites, historic sites and historic districts. (11) Evaluate, comment upon and make recommendations to the City Counci concerning the deliberations and decisions of other public agencies affectinE the physical development and appearance of historically and aestheticall' significant archaeological sites, historic sites and historic districts. (12) Contact public and private organizations, businesses and individuals an( endeavor to arrange agreements to help insure the conservation and preserve tion of historically and aesthetically significant sites, buildings, structures and districts for which demolition or destruction is proposed. (13) In the name of the City of Delray Beach, and only with the express approvz of the City Council, seek, apply for, solicit, receive and expend any federa) state or private grant, gift or bequest of any funding, property, or intere: in property to further the purposes of historic and heritage conservation an preservation. (14) Make recommendations to the City Council, and by referral to the Plannir and Zoning Board, to make historic preservation concepts an integral ar on-going part of all City planning and zoning cosies, the City Land Use Plar and any comprehensive use planning required by the State of Florida. (15) Create and approve standardized historic markers and plaques and isst recognition to designated historic sites and historic districts within the City. (16) Advise the City Council on all matters related to the use, administration an maintenance of City-owned designated historic sites and historic districts. (17) Execute any other functions which may be approved by ordinance or resolu- tion of the City Council. (18) Demonstrate a spirit of cooperation with and provide administrative assistance to property owners in the conservation and preservation of historic sites and properties within historic districts. (19) Develop and maintain a Historic Preservation Manual for the City of Delray Beach to help property owners fulfill the regulations and requirements of this ordinance and the regulations for historic preservation developed by the Historic Preservation Board and approved by the City Council. ARTICLE III. DESIGNATION OF HISTORIC SITES DIVISION I. Designation Standards Sec. 31-7. Relationship to Zoning Districts. The Historic Preservation Board's regulations are intended to preserve, conserv( and protect the historic and architecturally significant buildings, structures archaeological sites, monuments, streetscapes, landscapes, and neighborhoods of th City. In all zoning districts in which historic districts, as defined by this ordinance are established, the regulations for both the zoning district and the historic preserve tion ordinance will apply within the historic district. In zoning districts in whic historic sites, as defined by this ordinance, are designated, regulations for both th 8 ORD. NO. 13-87 • zoning district and the Historic Preservation Board will apply only to the designated historic sites within the zoning district. Whenever the regulations of the overall zoning district and the Historic Preservation Board conflict, the more restrictive regulation will apply. • Sec. 31-8. Classification of Structures and Buildings. All historic buildings, structures, archaeological sites, districts, neighborhoods, etc. Will be classified and designated on the City of Delray Beach Historic Preservation Survey and said Survey will be approved by the City Council and be made an overlay to the City Zoning Map and Land Use Plan. Such buildings, structures, districts, neighborhoods, etc. will be divided into two classes: (A) Contributing. Those buildings, structures, archaeological sites, or districts classified as historic will possess identified historical and architectural merit of a degree warranting their preservation. All buildings, structures, archaeological sites, etc. listed in the City of Delray Beach Historic Preserva- tion Survey, as adopted and approved by the City Council, will be considered worthy of preservation and may be designated as a historic site or a historic district. (B) Non-contributing. Those buildings and structures, within a historic district, not listed in the City Historic Preservation Survey. Sec. 31-9. Preservation Standards. (1) To qualify as a historic site or historic district, individual properties, structures, sites or buildings, or groups of properties, structures, sites or building: will have significant character, interest or value as part of the historical, cultural, aesthetic and architectural heritage of the City, state or nation. To qualify as f historic site or historic district, said property or properties must fulfill one or more o the criteria set forth in paragraphs (2) and (3) below. (2) A building, structure, site or district will be deemed to have historical o: cultural significance if it meets the following criteria: (A) Is associated in a significant way with the life or activities of a major perso: important in city, state or national history, or (i.e., the homestead of a loca founding family) (B) Is the site of a historic event with significant effect upon the city, state o: nation, or (C) Is associated in a significant way with a major historic even whether cultural, economic, social, military, or political, or (D) Exemplifies the "historical, political, cultural, economic or social trends of the community in history, or (E) Is associated in a significant way with a past or continuing institution which has contributed substantially to the life of the City. (3) A building, structure, site or district is deemed to have architectural o: aesthetic significance if it fulfills one or more of the following criteria: (A) Portrays the environment in an era of history characterized by one or mor distinctive architectural styles, or (B) Embodies those distinguishing characteristics of an architectural style, period or method of construction, or (C) Is a historic or outstanding work of a prominent architect, designei landscape architect, or builder, or • 9 ORD. NO. 13-87 (D) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adapta- tion to the South Florida environment. (4) A building, structure, site, or district will be deemed to have historic significance if, in addition to or in the place of the previously mentioned criteria, the building, structure, site or zone meets historic development standards as defined by and listed in the regulations of and criteria for the National Register of Historic Places, as prepared by the U.S. Department of the Interior under the Historic Preservation Act of 1966, as amended. A copy of these standards for the National Register is attached to and made part of this ordinance. Sec. 31-10. Development Standards. (1) For the purpose of this ordinance, exterior architectural features will include, but not be limited to the following: (A) The architectural style, scale, general design and general arrangement of the structure's exterior; (B) The type and texture of building material; and • (C) The type and style of all roofs, windows, doors and signs. (2) The following will only be moved, reconstructed, altered or maintained, in accordance with this ordinance, in a manner that will preserve the historical and architectural character of the building, structure, site or district: • (A) Buildings, structures and appurtenances. (B) Appurtenances will be defined as, but not limited to stone walls, fences, light fixtures, steps, paving, sidewalks, and signs. (3) In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the docu- mented, original design of the building may be considered, among other factors. (4) A historic site, or building, structure, site, improvement, or appurtenance within a historic district will be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretor?, of the Interior's Standards for Rehabilitation, as same may be amended from time to time. (5) Relocation of historic buildings and structures to other sites will not take place unless it is shown that their preservation on their existing or original sites is not • consistent with the purposes of this ordinance or would cause undue economic hardship to the property owner. (6) Demolition of historic sites, archaeological sites or buildings, structures, improvements and appurtenances within historic districts will be regulated by the Historic Preservation Board in the manner described in Articles IV and V. (7) The construction of new buildings or structures, or the relocation, alteration, reconstruction, or major repair or maintenance of a non-contributing building or struc- ture within a designated historic district will meet the same compatibility standards as any material change in the exterior appearance of an existing non-contributing building. Any material change in the exterior appearance of any existing non-contvih••+i''g building, structure or appurtenance in a designated historic district will be generally compatible with the form, proportion, mass, configuration, building material, texture, color and location of historic buildings, structures, or sites adjoining or reasonably approximate to the non-contributing building, structure or site. (8) All improvements to buildings, structures and appurtenances within a designated historic district shall be visually compatible. Visual compatibility will be defined in terms of the following criteria: 10 ORD. NO. 13-87 (A) Height. The height of proposed buildings or modifications will be visually compatible in comparison or relation to the height of existing structures and buildings. (B) Front Facade Proportion. The front facade of each building or structure will be visually compatible with and in direct relationship to the width of the building and to the height of the front elevation of other adjacent or adjoin- ing buildings within a historic district. (C) Proportion of Openings (Windows and Doors). The openings of any building within a historic district will be visually compatible with the openings exem- plified by the prevailing historic architectural styles within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings within the district will be visually compatible. (D) Rhythm of Solids To Voids -- Front Facades. The relationship of solids to voids in the front facade of a building or structure will be visually compatible with the front facades of historic buildings or structures within the district. (E) Rhythm of Buildings on Streets. The relationship of building(s) to open space between it or them and adjoining building(s) will be visually compatible with the relationship between historic sites, buildings or structures within a historic district. (F) Rhythm of Entrance And/Or Porch Projections. The relationship of entrances and porch projections to the sidewalks of a building will be visually compati- ble with the prevalent architectural styles of entrances and porch projections on historic sites, buildings and structures within a historic district. (G) Relationship of Materials, Texture and Color. The relationship of materials. texture and color of the facade of a building will be visually compatible witl the predominant materials used in the historic sites, buildings and structure: within a historic district. (H) Roof Shapes. The roof shape of a building or structure will be visually compatible with the roof shape(s) of a historic site, building or structure within a historic. (I) Walls of Continuity. Appearances of a building or structure such as walls, wrought iron, fences, evergreen landscape masses, or building facades, will form cohesive walls of enclosure along a street to insure visual compatibility of the building to historic buildings, structures or sites to which it is visually related. • (J) Scale of a Building. The size of a building, the building mass in relation to open spaces, windows, door openings, balconies and porches will be visually compatible with the building size and building mass of historic sites, buildings and structures within a historic district. (K) Directional Expression of Front Elevation. A building will be visually compat- ible with the buildings, structures and sites in its directional character: vertical, horizontal or nondirectional. (9) Visual compatibility standards will be further discussed in greater detail in the Delray Beach Preservation and Conservation Manual. Said Manual will be developer as a guide to assist prvpe-ety owners as they seek to nomtnata their properties fox designation as a historic site or to designate an area within the City as a historic district. Division 2: DESIGNATION PROCEDURES Buildings, structures, archaeological sites or districts which meet the criteria fo historic sites or districts set forth in Article III may be designated as historic sites o 11 ORD. NO. 13-87 _ ) districts, and may be listed on the Local Register of Historic Places, according to the procedures set forth in the following sections. Sec. 31-11. Nomination for Historic Site Designation. • (1) Nominations for historical site or district designation will be made to the Historic Preservation Board on an application form developed and approved by the Board, and made available to the person nominating the building, structure, site, area, zone or district. (2) (A) Nominations for historic site status may be initiated: (1) By the Historic Preservation Board, (2) By the City Council, or (3) By the property owner. (B) Nominations for historic district status may be initiated: (1) By the Historic Preservation Board, or (2) By the City Council. Any resident of the City of Delray Beach may make a recommendation only, and submit same to the Historic Preservation Board, that any building, structure, archaeological site, or district should be designated a historic site or district. (3) A property owner, the Board or the City Council, malting a nomination for historic site designation, is responsible for completing the application form and submit- ting it, along with any nomination fee or charges, to the Historic Preservation Board. The Board may require the property owner who initiates a nomination application form to provide any documentation or supporting evidence the Board deems necessary. The Board shall bear the expense of filing applications and providing documentation when the Board initiates the nomination. (4) The Board will conduct a preliminary evaluation of the information provided on each nomination application form to make sure it generally conforms with the historic status criteria defined in this Chapter. (5) The Board will then prepare a Designation Report which will contain the following information. (A) Proposed legal boundaries of the historic building. archaeological site, I structure, or district; and, (B) Any proposed conditional zoning regulations designed to replace or complement existing zoning regulations with regard to, but not limited to: use, floor area, density. height, setbacks, parking, minimum lot size, etc.. or create any additional conditions provided for in this article; and, (C) Analysis of historic significance and character of the nominated property; and, (D) Analysis of optional historic interiors for those buildings and structures with interior features of exceptional architectural, aesthetic, artistic or historic significance. (6) Following the setting of a date for a public hearing before the Historic Preservation Board for the consideration of a nomination for designation for status as a historic site or historic district, no permits will be issued by the City for any new construction, alteration, relocation or demolition of the real property included in the I nomination. This delay in the issuance of permits will remain in effect until one of the following takes place: 12 ORD. NO. 13-87 (A) The Historic Preservation Board denies the nomination for historic site desig- nation, and no appeal is filed with the City Council within 30 days of the Board's denial; or, (B) The City Council formally approves or denies the nomination for historic site or district status. Sec. 31-12. Nomination Notifications and Hearings. (1) After the Board prepares its Designation Report, it will set and hold the public hearing on each proposed designation with notification as follows: (A) Owner Notification. The Board will mail, by certified mail, a copy of the designation report and a notice of public hearing to the property owner(s) of record as of the date of nomination. This notice will serve as notification of the intent of the Board to consider designation and must be mailed at least 10 days prior to a public hearing. (B) Public Hearing Notification. For each site or district nominated for desig- nation, a public hearing will be held within 30 days from the date a formal application is submitted to the Board. All property owners within a 300-foot radius of the nominated site or district will be notified of the public hearing by mail to the last known address of the party being served. However, failure to receive such notice will not invalidate the notice or hearing. Such notice shall also be provided by publishing a copy thereof in a newspaper of general circulation in the City of Delray Beach at least ten (10) days prior to the date of the hearing. All interested persons will be given an opportunity to be heard at the public hearing. Sec. 31-13. Board Recommendations and Appeals. (1) After a public hearing, if the Board finds that the nomination fulfills the proper designation criteria and all procedures have been followed correctly, it will vote on the designation. If a majority of the entire Board present and voting agrees, it will transmit the nomination and its findings and recommendations for final approval of the designation to the City Council. If the Board finds that the nominated site or district does not fulfill the criteria, no further action will be required unless the actual property owner of record as of the date of nomination on a subsequent bona fide purchase of same appeals the Board's action to the City Council. (2) The City Council may, upon recommendation by the Historic Preservation Board, designate historic sites and districts. Such designations will appear upon City zoning maps as provided by City ordinance. (3) Within thirty (30) days of a positive recommendation for historic status by the Board, the City Council will hold a public hearing concerning the recommendation in accordance with the Council's established procedures for public hearings. (4) Within a reasonable time after its public hearing, the City Council will vote on the Board's recommendation for nomination. A designation of historic status will be deemed to be approved by a majority vote of the entire Council (at least three affirma- tive votes); provided, however, that in the event a directly affected property owner has objected to such historic designation, the City Council's approval of same will require a super majority vote of the entire Council (at least four affirmative votes). (5) Appeal: cf Board denial of a nominp*inn must be presented to the City Council, in writing and on forms developed by the Board, within 10 days of the Board's denial. The City Council will then hold a public hearing on the appeal within 30 days of the filing of an appeal, and vote to approve or deny the appeal after the public hearing. Only the actual property owner(s) of record or a subsequent bona fide purchaser of same as of the date of nomination will have the right to appeal a denial by the Board. 13 ORD. NO. 13-87 • • Sec. 31-14. Local Register of Historical Places. (1) If the City Council approves the nomination of a property for designation as a historic site or group of properties for designation as a historic district, said property or group of properties will be listed on the Delray Beach Local Register of Historic Places. The local historic register will be maintained by the Board or the City Historic Preservation Officer. (2) Upon placement of property or properties on the local register, the Board will cause this designation to be recorded in the official records of Palm Beach County. (3) The Board will issue an official Certificate of Historic- Significance to the owner of properties listed individually on the local historic register or judged as contributing to the character of a historic district listed on the local historic register. The Assistant City Manager. acting as City Preservation Officer, or his appointee, is authorized to issue and place official signs denoting the geographic boundaries of each historic district listed on the local historic register. (4) The listing of a property or district on the local historic register will modify and supercede the regulations and procedures set forth in the Building and Zoning Codes of the City of Delray Beach to the extent stated in this Chapter. (5) Structures, buildings, improvements and appurtenances listed individually on the local register or judged as contributing to the character of a designated historic district will be deemed historic and entitled to modified enforcement of standard building codes, as provided by Chapter 1, Section 101.5 of the Standard building Code. ARTICLE IV. CERTIFICATE OF APPROPRIATENESS Sec. 31-15. Basic Requirements. (1) Certificate of Appropriateness Required. (A) No building, structure, appurtenance, improvement or landscape feature within the City of Delray Beach, which has been designated a historic site, will be erected, altered, restored, renovated, excavated, relocated, or demol- ished until a Certificate of Appropriateness regarding any exterior architec- tural features, landscape features, or site improvements has been approved under the procedures in this Chapter. (B) A Certificate of Appropriateness shall be required for the erection, alteration, restoration, renovation excavation, relocation, or demolition of any building, structure or appurtenance within any historic district established by the City of Delray Beach under the procedures specified in this ordinance. (C) A Certificate of Appropriateness shall be required for any material change in existing walls, fences and sidewalks, change of color, or construction of new walls, fences and sidewalks. (2) Architectural features. Architectural features include. but are not limited to, the architectural style. scale, massing, siting, general design and general arrangement of the exterior of the building or structure. including the type, style and color of roofs, windows, doors and appurtenances. These features will include interior spaces where the interior has been given historic designation under the procedures listed in Article IV of this Chapter. (3) Landscape features. Landscape features and site improvements will include, but not be limited to subsurface alterations, site regrading, fill deposition, paving, landscaping, walls, fences, courtyards, signs, and exterior lighting. (4) Plan approval required. No Certificate of Appropriateness will be approved unless the architectural plans for said construction, reconstruction, relocation, 14 ORD. NO. 13-87 alteration, excavation, restoration, renovation, or demolition are approved by the Board. (5) Relocation. Relocation of a building or structure will include, but not be limited to, moving a building or structure into or within any historic district, and moving a historic building or structure within or out of the City of Delray Beach or any historic district. (6) Certificate not required. A Certificate of Appropriateness will not be • required for general. occasional maintenance of any historic building, structure or site, or any building or structure within a historic district. General, occasional maintenance will include, but not be limited to, lawn and landscaping care and minor repairs that restore or maintain the historic site or current character of the building or structure. General, occasional maintenance will not include any of the activities described and defined in paragraphs 1 through 5 of this Section, above, nor will it include exterior color change, addition or change of awnings, signs, or alterations to porches and steps. A Certificate of Appropriateness will not be required for any interior alteration, construction, reconstruction, restoration, renovation or demolition. General. occasional maintenance and repair shall also include any ordinary maintenance which does not require a building permit from the City. Sec. 31-16. Review Guidelines. (1) The Board will utilize the most recent U.S. Secretary of the Interior's Standards for Historic Rehabilitation and Guidelines for Rehabilitation as the standards by which applications for Certificate of Appropriateness are to be evaluated. These guidelines are intended to promote the maintenance, restoration, economic viability, improvement in economic values, and adaptive and new uses of the property. It is also the intent to promote visually compatible, contemporary designs that are harmonious with the exterior architectural and landscape features of adjacent, neighboring or visually related buildings, structures, sites and streetscapes. (2) Applications for Certificates of Apropriateness must be made on forms approved and provided by the Board. Applications will include required forms and appropriate site plans, architectural drawings, photographs, sketches, descriptions, renderings, surveys, documents or other information needed for the Board to gain a clear understanding of the applicant's planned alteration. construction, reconstruction, relocation, restoration, renovation, or demolition. (3) The guidelines for Certificates of Appropriate will be consistent and har- monious with the guidelines for designation defined and described in Article III. Section 31-10 of this Chapter. Sec. 31-17. Review Initiation and Procedures. (1) The following departments and agencies of the City of Delray Beach will notify the Historic Preservation Board of any of the following activities that affect any designated historic site, or any building, structure or site within a designated historic district: • (A) Planning and Zoning Department. Any request or application for approval of a site plan; any request for a rezoning. conditional use, or a change in zoning; or any request or application that requires an exercise of the Planning and Zoning Board's powers and duties that affects any designated historic site, or any building, structure or archaeological site within a designated historic d ztr ct. (B) Building Department. Any application for any required building demolition, plumbing, electrical or other permit that affects any designated historic site, or any building, structure or archaeological site within a designated historic district; and any application submitted to the Board of Adjustment for a variance of the Code of Ordinances. 15 ORD. NO, 13-87 t• (C) Community Appearance Board. Any request or application presented to the Community Appearance Board, or any general proposal considered by this Board, that affects any designated historic site, or building, structure or archaeological site within a designated historic district. • (D) Downtown Development Authority. Any request or application presented to the Downtown Development Authority, or any general proposal considered by the Authority, that affects any designated historic site, or building, structure, or archaeological site within a designated historic district. (E) Community Redevelopment Agency. Any request or application presented to the Agency, or any general proposal considered by the Agency, that affects any designated historic site or building, structure or archaeological site within a designated historic district. (2) An application for a Certificate of Appropriateness must be filed no later than ten (10) calendar days prior to any meeting of the Historic Preservation Board at which such application is to be heard. The applicant shall pay a filing fee, the amount of which will be determined by the Board and approved by the City Council, and no application will be accepted by the Board unless it contains all required and pertinent information and is accompanied by the required fee. (3) An applicant may request a pre-application conference with the Board or appropriate City staff members to obtain information and guidance. The Board may designate subcommittees of at least one member to hold pre-application conferences with potential applicants. The purpose of each conference will be to discuss and clarify preservation objectives and Board regulations and guidelines. Such conferences shall be public meetings. However, in no case will any statement or representation made prior to official Board review of an application bind the Board, the City Council, or any City department. (4) The Historic Preservation Board will act upon the application within fifteen (15) calendar days of receipt of the application, or, if a quorum is not present, at a special meeting to be held within 14 calendar days after the initial meeting, provided that the application meets the filing requirements as defined in this section. Nothing herein will prohibit a continuation of a hearing on an application which the applicant requests or to which the applicant consents. (5) The Board may advise the applicant and make recommendations in regard to the appropriateness of the application. The Board may delay final action until its next regularly scheduled meeting, or, if the Board so chooses and the applicant agrees, until a special meeting to be held within 14 days of the meeting at which the application was first considered. In no case will the Board delay final action on any application more than sixty (60) calendar days after such application is formally brought before the Board. (6) The Board may approve, modify or deny an application for a Certificate of Appropriateness. If the Board approves the application, a Certificate of Appropriate- ness will be issued. Construction for which a Certificate of Appropriateness is issued shall commence within eighteen (18) months from the date of issuance, and said certificate shall expire if twenty-five percent (25%) of the approved improvements have not been completed within twenty-four (24) months from the date of issuance. The Board may not approve extensions for Certificates of Appropriateness. If the Board disapproves the application, a Certificate of Appropriateness shall not be issued. The Board will state it; ..o. ,as for disapproval in writing and present these written reasons to the applicant within ten (10) calendar days of the Board's disapproval. (7) Decisions of the Board regarding applications for certificates of appropriate- ness may be appealed by applying to the City Council on or before thirty (30) calendar days following the Board's action. The City Council will then consider the Board's decision and its written explanation of the Board's action and hold a hearing within a reasonable time following the filing of an appeal. At this hearing, the applicant may address the application and any supporting material presented to the Board; however, 16 ORD. NO. 13-87 • no new material or evidence shall be presented or considered. The City Council will vote upon the appeal and any approval or disapproval of the appeal must be approved by a majority vote of the City Council. Sec. 31-18. Demolition of Historic Sites and Within Historic Districts. (1) Whenever a property owner clearly demonstrates that a building, structure or appurtenance designated as a historic site, or a contributing building, structure or appurtenance within a designated historic district, has been condemned by the City, and the Board fails to issue a Certificate of Appropriateness, such building or structure may be demolished. However, the Board may commission a Civil Engineer to conduct a separate, independent appraisal of the structural -soundness of the building, structure or appurtenance and its compliance with the City's Code of Ordinances before it takes action on an application for demolition. When the property owner and the Board disagree on the soundness of a building, structure or appurtenance, a third, independent civil engineer will be commissioned to conduct a review of the previous two evaluations of the structural soundness and make a personal appraisal of the structural soundness. The cost of this third appraisal will be shared equally by the applicant and the Board. (2) However, when an applicant seeks a certificate for the purpose of demolition of a non-condemned, contributing building, structure or appurtenance, the applicant must satisfactorily demonstrate to the Board the applicant's plans to improve the property. (3) No decision of the Board shall result in undue economic hardship for the property owner. The Board shall have authority to determine the existence of such hardship in accordance with the definition of undue economic hardship found in Article V of this Chapter. (4) The Board's refusal to grant a Certificate of Appropriateness for the purpose of demolition will be supported within fifteen (15) calendar days by a written statement describing the public interest that the Board seeks to preserve. (5) The Board may grant a Certificate of Appropriateness for demolition which may provide for a delayed effective date of up to six (6) months from the date of the Board's action. The effective date of the certificate will be determined by the Board based on the relative significance of the structure and the probable time required to arrange a possible alternative to demolition. In general, the Board may delay the demolition of designed historic sites and contributing buildings within historic districts for up to six (6) months, while demolition of non-contributing buildings within historic districts may be delayed for up to three (3) months. (6) During the demolition delay period, the Board may take such steps as it deems necessary to preserve the structure concerned. Such steps may include, but not be limited to, consultation with community groups, public agencies, and interested citizens, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving one or more structures or other features. (7) In connection with any Certificate of Appropriateness for demolition of buildings, structures or appurtenances as defined in this Chapter, the Board may request the owner, at the owner's expense, to salvage and preserve specified classes of building materials, architectural details and ornaments, fixtures, and the like for reuse in the restoration of other historic properties. The Board may also request the Delray Beach HiB::c! Society, or the owner at the owner's expense, to record the architec- tural details for archival purposes prior to demolition. The recording may include, but will not be limited to, photographs, documents and scaled architectural drawings. At the Board's option, the Board or the Delray Beach Historical Society may salvage and preserve building materials, architectural details and ornaments, textures and the like at their expense, respectively. 17 ORD. NO. 13-87 (8) The Board will consider these guidelines in evaluating applications for a Certificate of Appropriateness for demolition of designated historic sites or buildings, structures or appurtenances within designated historic districts: (A) Is the structure of such interest or quality that it would reasonably fulfill criteria for designation for listing on the National Register? (B) Is the structure of such design, craftsmanship or material that it could reproduce only with great difficulty and/or economically unviable expense? (C) Is the structure one of the last remaining examples of its kind in the neigh- borhood. City or designated historic district? (E) Would retaining the structure promote the general welfare of the City of Delray Beach by providing an opportunity to study local history, architec- tural and design, or by developing an understanding of the importance and value of a particular culture and heritage? (F) Are there definite plans for immediate reuse of the property if the proposed demolition is carried out, and what effect will those plans have on the character of the surrounding area? (9) Notice of application for demolition shall be posted on the premises of the building, structure or appurtenance proposed for demolition in a location and manner clearly visible from the street. Such notice will be posted within three (3) working days of receipt of the application for demolition by the Board. (10) Notice of demolition shall also be published in a newspaper of general circulation at least three times prior to demolition, the final notice of which shall not be less than fifteen (15) calendar days prior to the date of the issuance of the demolition permit. The first notice will be published not more than fifteen (15) calendar da:•s after the application for a Certificate of Appropriateness for demolition is filed with the Board. ARTICLE V. SPECIAL PROVISIONS FOR ADMINISTRATION AND ENFORCEMENT Sec. 31-19. Variances. The Board shall have the power to vary the appropriate City ordinance require- ments specifically regarding setbacks, off-street parking, height, and floor area ratio requirements of those properties designated by the City Council as historic sites or buildings, or structures or archaeological sites within designated historic districts. The Board may only vary such Code of Ordinances requirements where it is deemed appropriate for the continued preservation of the designated historic site or historic district. Sec. 31-20. Amendments to Designations. Applications for amendments to existing designated historic sites or designated historic districts will be processed according to the provisions and procedures of Articles III and IV of this Chapter. However, no action resulting from such application for amendment will have the effect of eliminating the requirement for Certificates of Appropriateness. Where the Board has issued a Certificate of Appropriateness for demolition or relocation, the historic zoning classification may be changed through the amendment process. Sec. 31-21. Ordinary Maintenance and Repair. Nothing in this ordinance shall be construed to prevent the ordinary maintenance and repair of any building, structure, archaeological site, appurtenance or improvement which does not involve a change of design, appearance, or material, or to prevent ordinary maintenance of landscape features. 18 ORD. NO. 13-87 j • Sec. 31-22. Enforcement of Maintenance and Repair Provisions. Where the Board determines that any improvements within the exterior of a designated historic site, or within a designated historic district, are endangered by lack of ordinary maintenance and repair, or of deterioration, or that other improvements in visual proximity to a designated site or designated historic district are endangered by lack of ordinary maintenance, or of deterioration, to such an extent that it detracts from the desirable character of the designated historic site or designated historic district, the Board may request appropriate officials or agencies of the City government to require correction of such deficiencies under the authority and procedures of applicable ordinances, laws, and regulations. Sec. 31-23. Unsafe Structures. In the event the Chief Building Official determines that any structure within a designated historic site or designated historic district is unsafe pursuant to the applica- ble Code of Ordinances provisions, the Chief Building Official will immediately notify the Board by submitting copies of such findings. Where appropriate and in accordance with applicable ordinances, the Chief Building Official will attempt to have the structure repaired rather than demolished, and will take into consideration any comments and recommendations by the Board. The Board may also endeavor to negotiate with the owner and interested parties, provided such actions do not interfere with procedures in the applicable ordinances. Sec. 31-24. Emergency Conditions. For the purpose of remedying emergency conditions determined to be imminently dangerous to life, health, •or property, nothing contained herein will prevent the making of any temporary construction, reconstruction, demolition of limited scope and effect, or other repairs to a historic building or a building, structure improvement, landscape feature, or archaeological site within a designated historic district. Such temporary construction, reconstruction or demolition of limited scope and effect will take place pursuant to permission granted by the Chief Building Official, and provided that only such work as is reasonable necessary to correct such conditions may be carried out. The owner of an improvement damaged by fire or natural calamity will be permitted to immediately stabilize the improvement and to rehabilitate it later under the procedures required by this ordinance. The owner may request a special meeting of the Board to consider an application for a Certificate of Appropriateness which would provide for repairs of a more permanent nature. Sec. 31-25. Inspections. The Department of Development and Inspections, the Engineering Department, the • Fire Department, and the Planning Department will assist the Board by making any appropriate inspections to enforce this Chapter. The Chief Building Official is authorized to stop any work attempted to be accomplished without or contrary to any Certificate of Appropriateness required by this Chapter. The Chief Building Official will endeavor to assure that any work not in accordance with an issued Certificate of Appropriateness will be voluntarily corrected by the property owner to comply with any Certificate of Appropriateness, or that authorized civil and/or criminal proceedings be • initiated. Sec. 31-26. Undue Economic Hardship. In any instance where there is a claim of undue economic hnraohip a i i c ri in this Chapter, the property owner may submit, by affidavit, to the Board at least fifteen (15) calendar days prior to the public hearing, the following information: (1) For all property: (A) The amount paid for the property, the date of purchase and the party from whom purchased; (B) The assessed value of the land and improvements thereon, according to • the two (2) most recent assessments; 19 ORD. NO. 13-87 (C) Real estate taxes for the previous two (2) years; (D) Annual debt service, or mortgage payments, if any, for the previous two (2) years; (E) All appraisals, if any, obtained within the previous two (2) years by the owner(s) or applicant(s) in connection with the purchase, financing or ownership of the property; (F) Any listing of the property for sale or rent, price asked and offers received, if any; and (G) Any consideration by the owner as to profitable adaptive uses for the property, including but not limited to possible fair market rents for the property if it were rented or leased in its current condition; and (2) For income property (actual or potential): (A) Annual gross income from the property for the previous two (2) years, if any; (B) Annual cash flow, if any, for the previous two (2) years; and (C) Status of leases, rentals or sales for the previous two (2) years. (3) The Board may require that an applicant furnish such additional information as the Board believes is relevant to the Board's determination of any alleged undue economic hardship. The Board may also require, in appropriate circumstances, that information be furnished under oath. (4) In the event that any of the required information is not reasonably available to the property owner and cannot be obtained by the property owner, the property owner shall file with his/her/their affidavit a statement of the information which cannot be obtained and the reasons why such information cannot be reasonably obtained. Where such unobtainable information concerns required financial information, the property owner will submit a statement describing estimates which will be as accurate as are feasible. Sec. 31-27. Violations of This Ordinance. Any person who carries out or causes to be carried out any work in violation of this Chapter, shall be required to restore the subject improvement, building. site, structure, appurtenance, or landscape feature, either to its appearance prior to the violation or in accordance with a Certificate of Appropriateness required by the Board. Such person will also be liable for a fine of not less than $100 per date between the day on which the work is cited as being in violation of this Chapter and the date on which the Chief Building Official certifies and verifies to the Board that the violation has been corrected. This civil remedy may be obtained through proceedings before the City's Code Enforcement Board or a court of competent jurisdiction, and shall be in addition to and not in lieu of any other civil or criminal prosecution and/or penalty otherwise provided in the Code of Ordinances of the City of Delray Beach, or the laws of the State of Florida. Section 2. That all ordinance or parts of ordinances which are in conflict herewith are hereby repealed. Section 3. That should any section, or provision of this ordinance, or any portion thereoy paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective upon passage on second and final reading. 20 ORD. NO. 13-87 PASSED AND ADOPTED in regular session on second and final reading this the 10th day of March , 198 7 MAYOR0;;21maa4.4ehgr... ATTEST: • City erk First Reading February 24, 1987 Second Reading Mazch 10, 1987 21 ORD. NO. 13-87 .. _.__ : _: ,....r -i-,1 LL 1:i�j rV. sj yf * '."• 77_Y.111,, z 2•i�} 'AI- 31!..T'J'1''?'',z°r.'"'"' n .t -� -as, '.n. .. �,4w„' t't'ri✓d'�f by'�iklfiiy4L..•'�f�i31.i f�u'7''R}� +'....:;, 'i . . } Forecasters. ,((T Id isbèautifu1 is �. Y + -„w ,,., .;... /t 'f X' ' 11:,..4' -�.. '°r} hf 'Fe, T i . `_` .r,r^�1„�*. of ' �'., fi ;k . By ELiZABET}1 tta Tne Mature SunLA,RC'E 'i • r, • ' �+ Ave Van de Water r y Beige is boring.T_ or Rem �. r- • Home Editor _ Taupe looks tired. tres'sds, � ?_ N � Neutrals are Thu may be the pear st Iniag Qm- vrss ;be - �}' 2 p �+ • gerously at least as far as colic is 1 "r'qj td c ?Z 1935. Del.! concerned. k,ttte .,,' Y -. - We staveyed desigt nisi.trea• dfa�-�.� R l a'>": +� ' m 7 . lysts,eta s of shelter m�r:•,,:s, a z• mar..s.— Med u a ,,,,:-- ,. ' .•..... ' home suits• CEOs'of otKttpanies and coke Ibreciast * ers rr�,- !oo�as cs ,, t ers to find out what we'll be seeing ner farom --sect sci�°, .c" > "'" _ /'' a•¢ ; for the home in 1997.Just about ercy ' to so>`� T•,d . +ed a41' ` •' ' one mentioned color •; , 'axis r�i v builder fine brans colors_Not intmested'Sk PIY,bY s e., •`2 _+` , t-ram., neat section and keep reading.We hare ,„ , ▪ -•• h • x `'_ more trrnds,counte.-trends z�trend- --- Alt# -• ' 3 He builds castles in the sand,fre- `)fir ouently tearing down the old to make way for the new.But when it came to his own " • t,.. home,builder Frank McKinney chose - old.Through his\venture Concepts,Mc- s r ; Kinney and wife Nilsa,just paid$1.365 .i ▪ >;;F million fora 1935 home at 610 N.Ocean M;, x „, - Blvd.in Delray Beach ! •, ' r a e *te , The house,designed by John Volk for i 1• ..*,w,•r. s�"x ;a y} r'� v ca,toonist Fontaine Fox(Tow:ernillc I`t.'d.I il� • +r Troller),had been owned by Roderick r Y �3 . ,� '' r� . c ' Wilson and his wife,Joyce Costomoris ,r �loiInc'O\\ZlerS -'�7 _ � _ �=� Wilson.Joyce,known for her work on r �� r.' +,, j historic preservation,headed Boca Pa- r .Ar. tyy '-.' ', .•,'? ton's Community'Redevelopment Agency , a^ tz1 ` ` from 19c5-6S. g o in ur To c x m r +tix+ �i :, ; Besides the main house,which is cy- a i. press inside and out,the 2.5-acre proper- , "" t v • t r includes two cues;houses and a de- • r, `ice,ti'-rn �•. °^ � on security , .Y � e ro tached garage. �4 /`,' w Let's cut to the chase—will McKin- !� ci..,:.. "•�. ney bulldoze it? 7 > }''3'� "R'e're going to keep it exactly like it de\-Ices. • is,"McKinney'said."We're going to make • ! o it our primary residence.' 'J x Sc what about his reputation for tez ing down old homes to build mansions? After all,he earned the fury of presera- " sY tioniss when he bulldozed a 1937 ocean- S r ,� r ? °° front home to make way for an eight- z r -• p fr �''�4'' • 4 bedroom chateau. S. •.i ,. - zr t ' 'fir "iirat were building(for others)is t. `1 .• k ''i z? 'k' • something we can't afford.My wife and I 5Mt r T•• ,. '✓i • r Mi • Ii V don't live that lifestyle,"McKinney said, '' 4r • c. cs• r ' • i* a _ A "C t aching that his mansion-ouilaing business �n r is fairly new. r" r ;l -..,ri "Most of the stuff I've done has been a i t. restorations,"he said,citing his resto+a- T • tion of five houses on Bankers Row --• '"z \ ��A ;. (Northeast Fist Avenue)in Delray k r ; ; Beach."Back then I ttas a hero." J IS'buzzes Palm Beach...It has to ''� ;. ` . be the real estate capital of the world. } tax t \inere but Palm Beach do you find more :i • ;;� ' ti ! than 400 licensed real estate agents fora •' 's• 5: u three-block-wide, 10-mile-long island? a ';, n, And we're talking no shortage of minion- By'BDB ire LEIGH ' _ ti dolia -plus homes. Tne War Street Journal } ,'" :c That—and the great weather—is No mere burglar alarm will do for AlbertJaj Tax- r tip., aY" , t t• �* rt';, national publications flock t0 the i Brookline,Mass..consultant has installed no f'.'Gr:r-T: 7}'k j• --. r���^-',Fe•ivPx F"• +, 14, island each x tme:to profile the town. 45 motion detectors in his five-oedroom Geo. - r �� home•al:reoorun detailed information to fowo: ._ �4.i, `""�; This time,it Fairchild Publication's I.. g screens positioned st ategicall'throughout th:SSit _;ter,.t '-" -`�'t?er . ! The slick magazine got Michel of ' s _„� �� ,�. .ti Yugoslavia—it dubs him"the Fresh If that's not enough,there's the personal pzs�xt '�r,„ • : „�r+M! '— v , .,�^.t- for family members."My wife wears one arottu'� ';•3� " `` ` Prince of Palm Beach"—to host a tour of ,r , Palm Beach matsions,and then inter- HOW'local at night when I'm away TrateLn�-a.3's � 9 rl` 4 • - viewed nearly all the major real estate people are Call it paranoia or call it cauttacF - .-• ;.ate r f ,- players in town. Itrotrctitl,, owner fear is rising to astonistttt>6 ; t t -r,,,• . ,t tf' <' �` The resulting opinion?"Divorce, their lame,. heights,and the home-secuntybeis `s4�}j ' y death and mansion-envy are the three only too happy to follow.Secuntab . "' ',4- -' . f Page 3H whistles and w aws,someas 't3� K <<} v .., major causes o properry turnover in Palmge gr*t Beach,"the magazine reports. • the gadgets from a James Bond fis•Ze t: hf � There's also plenty of dishingamongIn creating a lucrative new business i✓z: : r'.-' • ,s �' i- fi t p cagey few.Tne systems can cost tens of thousaois#v"` a ,.'+ ••;•ln, ,' fr some agents—fueled,perhaps,by the g-- s ' y 4� 4 r hot fire of competition. dollars or more,all for the privilege of living WTI �. 37,E ?" sr ,,Y +¢ T �"zs "safe rooms,"concealed gates,disappearing ba + �'. ; •t gig F; ,, , �. • ,r ?s} ` Featured homes include Jan Hook- f,- _ e;'s estate,on the market for 27.5 mil- hidden closets,and bulletproof hideouts. :a s-w < y Htp ht .., r.�ve-,7 3J,C�T?:i+ f.°".4441.,s'.'A.',." y'.4,ty on,and Nelson Peitz s Montsorrel, „ , ;3;.. F �c Please se ALl 3H. „ . .-.R•. ,, ....4�.,rt.>.,sarT,-.....•_;Q;r.. Please see VAN DE WATER/6H • ? f Jhj~ ,a z • t OldTrail residents enjoy friat' olf yet live close Y t .,"{ ' 1 '`1 till' 'r*n: .l'r1' ;1 4 a. r By HEATHS H .� JonatRarn hiediter t i f,1 ! a fill'_ Palm Bea:n P" �t ! \\bickinson; roofs and ! �+'�., ` Nestled f"�$pme trees and situ State Park Histo. i - - brA,te�>�: ,, ated on taoI kgolf courses just ) ` ma Old Trail 4 '`'+' `r Ate. L southern bor- 18 availab s �Tds a € tJ t �t r s inside M - y Tra lw `�� . i • v. 4' r x o • �4 der is 0 1 than's Landing, Jupiter.Y+ £ W - • ` 1 J)`" ". a "* S* a commurtitgd upscale homes built 1)1dTrail••;kF �\�� accommo �., a 1 r•-*Y3 '�.� , '*r`<:.3' f , ; in the last 10F� i; ttei borbood :\ -:M,' ; ,". :•,1 ,- • t c. � - "_ Name,••of Jlotits name dur- bucolic se . J , Martin cou,q• Zeitler sat t. . tPy, -. `• •,� '. <-•_,,,,,�•. ;,•-...:.,? mp a mt>tt8-. � ""'s Landing ram, acn c�,,,.,. were des: ' SUNDAY, JANUARY 19, 1997 a The Palm Beach Post • 1 ;w .• • SECTION_ H JUST SOLD • • INSIDE ai s z i�, s ri, � « ' ''+k' JUST SOLD highlights FLORIDA GARDENING homes that recently sold ' Do you need advice'? The �,=,x ; in Palm Beach, Palm . ` County Extension office is only . .z. ,. , :, - Beach Gardens and a phone call away.1;4 5 s West Palm Beach. �s ,ititi PAGE 2H • W ..•, PAGE 4H -e i ,a,: `' � + " .+r " CONDO LIVING�,r ' Fiii'� Homeowners must approve costly landscaping. • }tF �.... ' PAGE 5H 4,1% 1' � , .+:,r .Kr- f.� 7 *r--tips q,, Yi 4�i,F ,M.g,; -w-, ,+. ,.., c�'i.� s , _ .•:�� �• ..,G•c:�tt(r3 't i i. s , ;/g:u ^ x T t .r- rn a4tat t •�' e �.. - sT 'iwh..1• .a3aea..ssnu..:i5;,� � ::{+ ) "+"-> 1.+r,•• : +,-.,?.i +�.,'"-+ =�:�'���.`.y.. '•c-YG 3 ••*- r j-. i tiF,iY`Y �• v- f' fith ' is s sa bold b��-u_-cifulo for . :., •., ti Y , � 4 +', , + ! ByELIZABETH LARGE . :i 7(r • , lets for you rncluding.what's down- r. •-� •,ji•..-A.:1 yy .'• (� Yr.. ' The Baltimore Sun trending.That's industry jargon for ' , rt 1+� y art "�'` f • Ava Van de Water Beige is boring. 'Taupe looks tired. trends that have reached their peak and s}` • • . - Home Editor Neutrals are simply yestei da} s news. arc beginning to fade..(Not muds that N.. �� ,; '"o„, '- Eye-popping This be the Year of Living Han- "i " i "out" �f ; .rf .' colors, may K was "in"m 96;tvill be exactly out in . � , erousl at least as far as color is '� i Ili; ', ' ' r� ' „-' colors, such as ��, - • gerously J7--trends come and go more slowly . �+,; ;, � , . ::.®�? ' � • the: ones in this, concerned , .: , s 935 in the home industry than in fashion) Y ay Deli We surveyed designers, trend ana- This time�of year,we all need a little : - l ,% `i, room b >-, • lysts, K more color in ourl}ves,and manufactur- � -.�a L 1I" l u="w.:- London based editors of shelter magazines, { CEOs of cOmpanies and color forecast- ers will have,it foryau in everything 0 4r `' ..� designer Tricia Iioiiieers to find out what we'll be seeingnew from electric mlzers, sheets said china • ti t•-.' f -�' " ` Guild, will. be all ,;fr suits�S for the homeit to sofas and;walpaer. Kitchen a Ali- ~ ` :.;the rage this • t,1997.Just about every- P F . " one mentioned color: bold, bright, vi- ances will be decorative aceessorres �.`., ,: ^- ,4, year, builder fine brant colors. Not interested? Skip the simply by vrrtu�,of their color.The onlyy. „, Y ti.a .6. forecasters 'next section and keep reading. �Ve have '' �' ' ' `' `w,z � ' �`�> say. more trends, countertrends and trend +Please see COLOR/211 :' 5 "� orPhoto courtesy ' He builds castles in the sand, ire- } �1 e t'�'i,;; {._ ' of Designers Gulld ^y, quently tearing down the old to make way fi.: '''S for the new. But when it came to his own ' ' home, builder Frank McKinney chose y!' old.Through his Venture Concepts, Mc- ' ?`•. ' Kinney and wife Nilsa,just paid $1.365 • ' million for a 1935 home at 610 N. Ocean : >, s�rca.. . e,r. xti Z �.� ; Blvd. in Delray Beach. a� r �w,,, • • { y gby1 ' J '- .``0..t,. 3 r '• t r '...' r+ ?tid�wl 3+a., 1k;�;: • J • The house, designed John Volk for ll r l .: .• ' " - r t' r cartoonist Fontaine Fox (I oourrni!(e 1 (-A Al�I i l l ,u `�2?. . ,... `�-: fJ`F.;. • ,. , `F B,.w ,., .ru` TS'• ,,, ,,a r^�.it4:F ;4- ”... --. f . -.I >f4,tr ?,,. • '7 ,r, .• .d yi' 'ern•e yes r iwA � s _ •z.�.:,, vSc:i<- ?--• } ".y ef!°X �.1�i' R ti x r- `r�''� • p s�r },y Y; x V ;a t6 r •F i isjeautiful 6 .. Forecasters-::',.scl, K,, Id t l .�,� Pe By ELIZASETN LARGE F yl{,,r▪r's • } The ga urreee sin } '�Y R ai { +{ , yi t ,s /rtx t.� ti� :�,��u:• Ava Van de Water ,� • Home Editor ' Neutrals Betge is borirng,•Taupe locus tired. trends, t0tied • +• 5• "' ' ''" c1`i are sir yYStlSdij'Stnye_�S. are a 1.1„�p(y ,y. •1 • i ` . . �I^y P.. r This m��a,�y be the Year of Li ate` XK3S ,A �ry ,hr r j_ p ♦ t + .,-* I35 Del p6 rCu5 at least as far as color tS x f 1 S.V�iL a` 1 • f4.. We sta«yea designers.treed area- ' A e�ssi t� . lysts,editors of slather mz / morn at3i i a .f:. o .. '„+ p' !� • CEOs of companies and eotor era wiI - 't home' suits ers to find out what w br'ne ▪ 1° , ;' • t. we'll bn sceiag • ;Ai'. ' ..q. � p��.�. R, for the home in 1997 just about every to sobs -- { .� r 'tier x' one mentioned color bond, L Si- a ceir i r7. `,,3 L[Il er fi�l b:ant colors.Not interested. Skip the �w ▪ toiIG s• � next section and keep reading.We have s � �` bmore trends,countertreads rid trend- i.u.t7 ' r - "i a_. He builds castles in the sand,fre- auently tearing down the old to make way t { ,,,,.:s ,for the new.But when it came to his own , home,builder Frank McKinney chose - old.Through his Venture Concepts,Mc- � Kinney and wife Nilsa,just paid S1.365 .:r Blvd. million fora 1935 home at 610 N.Ocean `Y2.�"""' ' •,+,,,,,—'h„,;, ,. '-�d Bird.in Delray Beach. c r `; + �Ytil ;4 :"" •.�{ `,.." The house,designed by John Volk for ! 1• e ca.toonist Fontaine Fox(Tooncrnillc I`t.'4U-i 111 ~''""..r "`I'+ ".` -'xf ,'`=,; _'- Trolic-i),had been owned by Roderick 't `" rs-% . �• 1 .n'� Wilson and his wife,Joyce Costomoris i3t"'� ,,i Si V Wilson.Joyce,}moan for her work on hoitif�O«-hers are ,�� • - , J- ;,„ historic presentation,headed Boca P.a- r•= :' +tV ig r-,- - ""' s .' ' yr, ,�• lore's Community Redevelopment Agency .,= ,Jn /'• Y ` s from 1985-8a. �01r g 10 C' r Ill 4'1 ; = • % C "P a< Besides the main house,which is cy- ° 3� h � 'a, press inside and out,the 2.5 awe proper •- ,1'- '. t ' L • ''" . r` ti fir'r:'`. t"includes two CS:nooses and a de- S `•r;1 - r' h•-r • •a,- .7,;=*'+J' �;*` { t a ( F r[. lathed garage. on SE'CIrI"1 ` r T'i s Let's cut to the chase—ssill McKin- r �f ,?• { a r nev bulldoze it' 4 z ;: dex-ices. K "We're going to keep it exactly like it f ,, r _ r is,"McKinney said."Were going to make �� a ; 7•"r ' r'' it our primary residence."Sc - what about his reputation for tear- ` cc 'i i 4 �� G in down old horses to build mansions: E , j ,e }. s t v t s t •g -•_., ' rY'„r r o " x '�� 7 aF. ,n]r'Nt ., f1 .,,..+, :,AJ' ' ... .After all,he earned the fury of p-esena- a• per r3. •'• tionists when he bulldozed a 1937 ocean- r: : t1 �; z front home to make way for an eight- w t t fr ur. w y { ,i L {{ J•A y bedroom chateau. -. • , 4 V� i,rtl �h - • iw?�.• "What we're building(for others)is ,- a-r x *ly . something we can't afford.My wife and 1 .s•. ;? < ? i.� „-.w , b cJa •• don't live that lifestyle,"McKinney said, ^: . r t� + s j x w, -"` 7* • �,-� c adding that his mansion-building business is fairly new. ,` v _t . "Most of the stuff I've done has been K x^ 7 i 4F`+ . • restorations,"he said,citing his restora- '} �fi+ • • t' lion of five houses on Bankers Rosy • • - '� • (Northeast First Avenue)in Delray ' t _Y ' "r, Beam."Bar}:then I was a hero." W buzzes Palm Beach...It has to e be the real estate capital of the world. 4 •..: '' r • s•= ,, 1�''nere but Palm Beach do you find more L� It-.`r4k. *} k� ' t k than 400licensed real estate agents for a :WO :;A, i • °, - �;#',"`. t sW%,"•)... ° y '• race-bloc}:-side. 10-mile-lore island' <}`' s'i"' `�x i 4 r•� ram^''= g By 80661E LEIGH Wyly -''a �� 3 r ,:`�'t And we're all:ing nn shortage of million- Tne vrar.Street Journal � '� ': *�}; �',, Y x'i,r . dolia--plus homes. ,_ + 9�fi the' r That and the eat tveathe:—is -co mere burglar alarm will do for Albert Jr., -Tne --- s , . �+ .Yyy. . why rational publications frock to tin_• Brookline,Mass.,consultant has installed no i!vr:..-:m `s''rS .� ""e „. "' , ?r", island each ssinte:to profile the•tour. _ :notion detectors in his Ilvc-bedroom G o.�r:4 t s . f �4 Tnis time,it's Fairchild T'ubii ztion's i', home,al reporting detailed information to iomts•zts 1• ,.. = ▪ "�' `� The slick magazine got Michel of I s�eens positioned Strategically throughout tneaz>_ .cs k'�'„.x r-t-. ` Yugoslavia—it dubs him"the Fresh If that's not enough,there's the personal prtSinn ;� ` . . �•.,�s ▪> �, Prince of Palm Beach"—to host a tour of for family members."My wife wears one arotmd s t�t= ^ �j y ^. w' Palm Beach mansions,and then inter- Call local at night when I'm away trot cling-. ^� � """ s'�` �t ' ' ' viewed nearly all toe major real estate 1oeople are Coil it paranoia or cal]it cautrcb e' a� r r" �� "ter players in town. laroaecriii,r owner fear is rising to astomsnugea` • aFr. 7n�~ '. si'® > heights,and the home-secure his `*,.":.‘"%11.1'.7' r= 3 s The resulting opinion?"Divorce, choir homes. g tY ..•,•,r .� . "'i+Adeath and mansion-ent are the threeonly too happy to follow.Securitr> t = �4, r + + f r Page 3H whistles and gewgaws,someas . . `mac. i -F major causes o property turnover in Palm fie g ;�_� f Beach,"the magazine reports. the gadgets from a James Bond fiat t fr" rt+Y - la = Tnere's also lenty of dishingamong creating a lucrative new busineSsKa' ,"ti_- • *; ; � r4 `�l"`t'/f some agents—fueled, g cagey few.Tne systems can cost tens of thousaa�' :; . ,:{'f '' i, f mow. Y�-' +,s- .""fi•' g perhaps,by the s.= a <.c..z X• ; e;1 aq a- _ hot fire of competition, dollars or more,all for the privilege of lining svifh w ,•r b•si r*K t y i s`'"• Featured homes include Jan "safe rooms,"concealed gates,disappearing b _ ; P+, 3 E 5 s. Hook- er's estate,on the market for 827.5 mil- hidden closets,and bulletproof hideouts. xa err ^ r :f' -t1k10,-Y t} �f-1i•<, y , lion,and Nelson Peltz's Montsorrel, • --e A r'}� � � ��t ro"t� ` • • Please se ALlJ1s3H r A° ,}? z. Please see VAN DE WATER/6H `: r • • ,�-�x; ., . : ��q yam'= •+fir' -1 • { firiloo Po de Old Trail residents enjoy fiat ', golf — lire close: �� c• �: , I + ,. I• + , By HEATH �H •vt Meditcrr. y Jon tpanr., n, ; �,�>" x?� 3 ' Palm Beams 'l'�y D t lnson=l r00Is and lc b'' I "• < Nestledpuie trees and situ Scare rarkl Histo '• � ':?� � /,, <;f e+ ^�p a ated on twartIDoti. gs) co es just 1 i t \\ i Old Trail i 1 r} 'l }' `•�,rF 4. f'y i �r Cit�'4t t -.�,� k •'�s.•2r inside M uidl S Landing, Trollwi TumPF = 1t'i ayallal. Y `&' •- ' der is Old } s t..�, .Y- •. ,f ';� -I c T d�D Jucom I • _ • rR r '.>_ "`� .rj • a communjn Scale homes built Dra�rafi T ' \' accommo i 11` i+?t in the last 1 iiei rh e 802 its namefib° bucolic s: y,�• r^•t �y}�'-1 ' T l�, •h c j _�S.� - Nam dur- �, Martin County Zeitler sa ,• - V;' -.,,;' ' in a nmeeti -::R,:,x . 's Landing ••m n• trcrc des . �.- _ a •• R SUNDAY, JANUARY 19, 1997 a The Palth Beach Post „, SECTION H zF •y JUST SOLD . INSIDE { ,_ ; , is ' ,� a°^ A �\ ' JUST SOLD highlights FLORIDA GARDENING ; n r;. 4, Y !} , homes that recently sold "f , • Do you need advice'? The x • t'm in Palm Beach, Palm " t County Extension office is only #yy;:� A; a t { N a phone call away. ®�s Beach Gardens and ' _ r � PAGE 2H West Palm Beach. , t 'r .i 9; r, t *`n i"1 PAGE 4H 4 �',,,' ' FhIi ' CONDO LIVING t"' ' �r t�t J Homeowners must approve ;xr ti`k 1 costly landscaping. PAGE 5H + T177. ?3T r r•. r. ti 7-r •.+=k iV. 4 'I�i� 1'�q:,I1�i rj5 17�}•ry « t .sF•d ttsi7 L tr4atR+''..ro,7,(•; iv :? vt pllx C -fN•_.,� "?...:„.. ,r • ,- F t � �' .. f. l+a + Z ' .. Ste '^ �`•2,. .n `•r '' '!rti • ' ,•1{ °- v rat n. sk fForecasterssa • oldis bu �gful • for ,4,,, "u r a, '` By ELIZABETH LARGE lets for you i'.� includingwhat's ,. :dtr:kk The Baltimore Sun ' dowth" 1,:� ? 1 r as • , t ,, trending.That's industry jargon for ..r firms k • Ava Van de Water Beige is boring. 'Taupe looks tired. trends that have reached their peak and a;`�, � sl ; i s`; ' .� ;Y . . Home Editor Neutrals are simply yesterday's news. are beginning to fade;(Not much that -- �„ T , '` • 't1 ? � Eye-popping � ' This may be the Year of living Dan- was"in"in'96 will be exactly "out" in V'')ti�': *, `, ' .. gerously—at least as far as color is '97 . .,• , n,t Nr,- colors, such as —trends come and go more slowly ,� t � . 1 -�i�,,,-. . the' ones in this, �, concerned. • in the home ne diistry than in fashion.) h �r, J 1 t ,'•room by 1,, 1935 DelrayWe surveyed designers, trend aria- This time�of year,we all need a little ,,7 l ^T f,: ., _ ,. .London-based , lysts, editors of shelter magazines, more color•.hrr outlives,and manufactur- --..tee.. r ' i ,�_ —. •t-t CEOs of companies and color forecast- ers will have,it ioryou in everything . , o r;.. -.(- '_Gesigner Triciab 7, Ii"-�Y1�n ers to find out what we'll be seeing new front electric:mixers,sheets and china ;ilia*? ''N ;,„ ' ; f.;. t` " Guild, will. be all l�ll� �"� for the home in;1997.Just about every- to sofas and,wallpaper. Kitchen a pli- :. _ ». ' '.> :the rage this one mentioned color: bold, bright, viry ances will Be decorative accessoncs " '`� '� "``�'��. ^_- ��' year, 44 . Brant colors. Not interested? Skip the simply By virtueof their color.'I the only r� Y r` s •! forecasters builder fine _'next section and keep reading. We have • /, ,. 4",t,`' .4.f... ", ;, ^' say. +. l' 7 .,x. ,t .«",�iT ,: .-• ,_ Photo courtesy more trends, countertrends and trend Please see COLOR/ZH t. k ''t , • of Designers Guild Ile builds castles in the sand, fre- • ry4', y. quently tearing down the old to make way i , z for the new. But when it. came to iris own home, builder Frank McKinney chose c f" •s old.'Through his Venture Concepts, Mc- 51 Kinney and wife Nilsa,just paid 1 3(i5 million for a 1935 home at 610 N. Ocean r kz f •ear, ,,,1, v. ? >sr . Blvd.in Delray Beach. , a ' . " ,F� ,` The 1lohlse, designed by John Volk for 17 .1 A .• . hA- d- l' ''w�'?-• •4� 4' ii 4 i 1 r i'i! • ie , ~ Q' �r'wYf _ 7f V}J cartoonist Fontaine Fox To r lie 1' Clll��.(l� n --V ,� r� ^;, - la ~^ze c~^ -- "~`=~�' �� ..Al -D - ~ ' L� s c_ / N 40 Lt. J :CL;f fi^- ;., / c/35L- C. 5fi- 5j.1 �dy" MAR 19 2002 8: 40AM THE WILSON GROUP 1850) 231 -9924 p. 2 THE 'WILSON GROUP March 19, 2002 Mayor and City Commissioners City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida33444 RE: Fontaine Fox House 610 North Ocean Boulevard Dear Mayor and Commissioners: It has been brought to our attention that the above referenced property has been presented to the City for delisting of its historic designation and replatring. We have recently relocated to northwest Florida and have not been involved in these discussions. However, the historic preservation people and other interested parties have asked us to provide some background into our intent, and our discussions with the City,back in 1989 when we listed the property. In 1984, the year we purchased the property, we investigated the possibility of subdividing the back property sometime in the future. We had some discussions with the City and had a preliminary plat engineered for 4 lots to determine a possible development scenario...then put it "on the shelf'. When we purchased the property, it included a small parcel of land on the ocean with 90' of frontage on AlA. We were intrigued about the possibility of building a house on that land but were told by the City at the time that the 9U' lot was non-conforming. A few years later, the state was in discussions about moving the Coastal Construction Control Line landward and in 1989, we were told it was imminent. By then we had moved to Hawaii, but intended to return to our property in Delray. We had always remained interested in re-opening discussions with the City about developing the ocean lot and knew that we had to get serious from a time perspective because of the pending legislation regarding coastal construction, which would have precluded any future development of that ocean front property. Subsequently, working with the City, we brought the lot into conformance. At that point, we felt it important to take stock of the important property we had been fortunate to acquire, and began working with a landscape architect, land use attorney, and P.O. BOX 4891 SEASIDE FLORIDA 32439.4891 PHONE: (850) 231-9942 • FAX: (850) 231-9924 Cq/i9 / A MAR 19 2002 8: 40AM THE WILSON GROUP [850) 231 -9924 p. 3 an architect well known for work in historic preservation. The house and property at 610 is truly a glimpse at old Florida. Here you have what was an early beach cottage (1935) built out of cypress clapboard siding,both inside and out, cypress being one of the early materials used in south Florida construction. It was designed by well known architect, John Volk, whose architecture has left an imprint in Palm Beach, as well as Gulf Stream and Delray. His widow, Jane Volk, has just released a book on him. The house was designed for a nationally known cartoonist, Fontaine Fox, known for his cartoon, Toonerville Trolley, which was syndicated nationally from 1915 to 1955. Mr. Fox was one of several cartoonists who made his winter home in Delray. He and others had their offices on the second floor of the Arcade Building. When Fox was designing the house, the paper, (The Delray. Beach News, November 2, 1934) in an article discussing Fox's winter studio, also said "Fox has not limited his creative abilities to pen and ink media...he has constructed a beach front house that nobody else would have dared erect. While the house is commodious, modem, and sturdy, his design gives it the general appearance of Toonerville's trolley starring to sea...as it is, the house is a focal point of interest and is worth a long,long drive to see". The house sits on almost 2 % acres of land. As you walk through the property from Ocean Boulevard to Andrews Avenue, you first come to a stand of very tall gumbo limbo trees curving over from exposure to ocean breezes. As the dune drops down toward the back of the property you realize you are in a hardwood hammock (the list of vegetation exists at the city). It is our understanding that the Spanish River used to run through this property before the intracoastal was built, and remains of that can be seen after heavy rainfall when water runs through the lower part of the lot. It was our feeling that the property itself was the last glimpse of what Florida's ecosystem was like from the dune line down to the intracoastal. It was as is said in historic districts, the "toute ensemble" like in New Orleans, or in Charleston, where the historic districts were designated independent of whether every house in the district was significant. It was how the area looked as a whole. The property went from the top of the dune back to Andrews, where it connects with FIND land, which abuts the Intracoastal. We don't believe there is any other place left in Palm Beach county where you can see the ecosystem or topographic system still in tact such as it is at 610 Ocean Boulevard. It was after assessing the historical significance of the house and the ecosystem/environmental significance of the property that we felt it was appropriate to list the house and property on the local Historical Register to insure that the house and property would be protected. We listed our property on the local register, limited the development of the back property to one house and secured the right.to build on the oceanfront property. This was approved after many meetings with the local Historic Preservation Board, the former Historic Palm Beach County Preservation Board (state board), the Beach Property Owners' Association, the Historical Society, as well as to several neighbors, all of whom were involved with this recommendation and approval. The house and property were also eligible for listing on the National Register of Historic Places. • • We followed through with designing a house on the beach, which reflected the same architecture as the existing house, clapboard siding, porches, shingle roofs, etc. and brought our architect to the meetings for extensive discussions, but continued to live in the subject property until the sale to the current owner. (Copies of this plan should be in the City files.) We have always felt that this property to be of special significance to Delray and have had many happy years there. It is our hope that this background will complete the record and answer any questions as to our intentions in listing the property in 1989. If you have any questions,please feel free to contact us at the number below. Respectfully yours, ithi J/ce and Rod Wilson d 4 266- T E2 ( OSB ) dl0219 WOS1 I P1 3H1 WEOi =8 2002 61 NNW ;i RII)AY', MARCH 16, 1934 NUMBER 31. :light ' Two Local Projects leiray on Approved List en IsAttracting According to 'vord received from �. �i' t e Exhibit ! the federal relief office in West '; eait Men i Palm Beach this morning, the two —o— C. W. A. projects in Delray Beach , J.mpaign Will Prospects Bright for Land are on the preferred list of 25 pro- �aise Sum ject.s in Pallas Beach County on and Building Activi- A,000 which work will go forward Mon- ties • day. —o— :rc•h 15.—Lorenzo Social workers are now checking "We have certainly turned the cor- :an of the general the relief lists to determine who nor." i lorida State Chan]- i will be entitled to work. This is the feeling of the people of which has under- Delray Beach today. After seven to raise funds to years of dull times, the period of d.ia exhibit at the • prosperity to which we have looked summer, stated Corp forward seems to have begun. Indi- cr anization work ) cations on every Lind bring evidence •,d and the state- i t� V l i that this conviction is true. funds would begin ae The evidence consists of overflowing • I hotels and apartments and the fact .ughout the state Land at Venice j that houses are being rented again .cements and plans I after the renters of the winter season opaigns. Speakers i Florida leave. Evidence also comes from the . .l:;ns to civic clubs. , Value of h Real Es- records of the business men. Proof lid in carryingtheinterest . � tate Believed to Be is also seen in the growing interest ans. Increasing • I in real estate. Newspaper accounts ;ns.: Increasing • in real estate. Newspaper accounts / • this state so thor- —o` i show only the sales when completed _ Lift 061 itself to so many Venice, March 15.—I3elieving that and give as yet no indication of the port a space of ; the .financial situation in Florida is general shopping around for proper- cost," Mr. Wilson rapidly improving, a company has I ty that has been going on for . a that the $100,000 been organized in Cleveland for the month or more. ain the exhibit can purpose of buying existing equities Many homes are proposed but scar- rlwind campaign of and claims on properties located at ;cely any have gotten beyond the blue Venice, Florida, from the Brother- Print stage. Vanderbilt interests hood Investment Company, .a subsi have made big purchases of land at diary of the Brotherhood of Locomo- Hypoluxo Island and building to the hers and . tive Engineers who financed a de- i extent of $200,000 seems .certain to Enjoy Party velopment in Venice during the real go ahead there this summer. Smaller estate boom. propositions, such as cottage colonies, I Thehas been incorporated company are under consideration in Delray the Masonic Lodge 1Beach. The homes of Mr. Andert n star held a get-to- .as the Gulf Mortgage Investment o . dnesday evening at Company with an authorized capital . and Mr. Fox, to be built this summer, sic Temple. During ` of • 500,000 and has secured a 90- phave already been announced by the swing program was clay option to purchase mortgages architects and lots have been cleared ' from the Brotherhood Investment Co. If" :tion, Mrs. I. J. t� drs. C. H. Lander; The company plans to pay out- The biggest proposition near here )eParlier; vocal so- standing taxes, make extensive re- yet. proposed is the colony of artists tiden; reading, Mrs. i pairs and take advantage of increas- : for Boynton Beach. Five homes are on Masonry, Harry ing real estate prices. proposed on a strip of ocean frontage e by Anne Garner. The Brotherhood of Locomotive En- south of the Boynton casino to be built who originallyfinanced the for Herb Roth, H. T. Webster, W. L. ,:s followed by card gineers Brann :and two others. It is under- ; were awarded as . development is reputed to have lost Mrs. John Dawson; several million dollars in the venture. stood that the deal for 800 feet. of Venice is considered one of the most I ocean frontage for this purpose has Wiggins; contract 'been closed and that work will start .;tedt; five hundred, attractive locations on the west coast. of Florida. National publicity was on construction of the banes in the / . ere Mrs. Lucy Bu_.d, , given the community recently when near future. Dr. Fred Albee, noted surgical auth- These artists, Herb Roth and H. T. Mrs. D. E. Hager- ig ority, established the Florida Medical Webster, who now have offices in the tabercorn, Mr. and „ „,_ Center at Venice. Arcade building here, will maintain ; r'e;llrs. Lucy BtI:'d, �'� "•• Laic: Lvu11uU111L` 1ecei1Lly' 11.111c11 i . �Ir�. D. E. Hager- Dr. Fred Albee, noted surgical auth- These artists, Herb Roth and H. T. 3l1(v/3 c� l abercorn, Mr. and : ority, established the Florida Medical Webster, who now have offices in the i : Center at ''Venice, I Arcade building here, will maintain ier i , Mr. and Mrs. Dell'ay Beach as their business head la and Mrs. H. I_:. ' • ('--- -_ -- — quarters. They will also use the I)el- .\Irs. Robert Blem- REGISTERED AT CASA DEL REY ray Country Club, since it will be. p Fred Hoeft, lIl . —o— the closest golf course. .•ady, Mr. and Mrs. ; D. Turner , Chicago; Wm. Rummell, the S Chi a , ' eacrc-t Hotel has become the LcI ' �. r. and Mrs. W. A. Wyandotte, Mich.; John B. Davis, winter homes,of several noted writ- i 1rs. L. A. Drumm, Lakeland; 0. H. Hunn, Memphis, ers. Most prominent of these is Edna L. Smallwood, Mr. : 'henn.; D. L. Cramp and wife, Kirk- } ISt. Vincent Millay, a leading Amer-:•g.in, Mr. and Mrs. land Lake, Ontario; P. Finley, New ican poet. Hugh McNair Rahier, a 1](1 Mrs. George {. York; D. E. \Vadowitz and party, Ra- whose stcries appear in the Saturday . Irs. W. E. Bar- tine. Wis.; R. R. IIuff, Chicago; A. B. ,' Evening Post and other national n]ag- Earle S. Roberts. Petzholt, wife and son, New York; ' azines, has been at the Seacrest IIo- Mosely, Mr. and Ralph Z. Tobriner, Washington, D. C.; tel since December 15th. ,n. Mr. and Mrs. Joe W. Lawrence, Rome, Ga.; Alan B. i Not in its history has Delray Beach ',Ir. and Mrs. J. S. , Henry; Greenville, S. C.; W. F. Shauf attracted so many well-known men and .l l'S. W. P. Somer- : � and wife, Orlando; G. C. Mitchell and so many wealthy men. Many of them John Breze, Mr- ! wife, Detroit, H. 0. Smithers and have the money to spend their winters .rrner, Mr. and Mrs. family, Columbus, 0.; Mr. and Mrs. ' anywhere in the wirld. Yet they are old Mrs. R. L. Wal- Clarence M. Brown, Wilmington, Del.; ' picking cut the southern part of C. H. Lander, Mr. . H. C. Kline, Atlantic City; F. M. ' Palm Beach County as the finest in 'hamness, Mr. and Wilson and wife, New York; J. Spen- i climate, in sports and as the best ar, Mr. and Mrs. cer, son and party, Washington, D. C.; Iplace in which to live. Laura D. Parker, ! Irs. Helen Standish, Philadelphia ; C. The� 'i he small towns in Florida have Mrs. J. A. Zeder, M. Krause and wife, L. I.; K. M. i gotten the break this year. Many a .irs. R. L. Stephens, Brumley and wife, Denver, Colo.; C. j person has gone on to Miami only .an, Mrs. Paul Daw- H. Springer, Jersey City, N. J.; S. 1 because there have been no ac•commo- Iarvel, Mrs. M. A• M. Stonre and wife, Philadelphia ; J. ! dations available in Delray Beach. The ce Knuth, O. C. C. Cranby, Los Angeles, Cal.; Will. fact is becoming apparent that Delray ie Mae Bell, Miss I Custer and wife, Cleveland. Beach has every comfort to offer-- I3. Wiggins, Miss o —. a fine beach close to the city, an Sadie Sundy, Wil- excellent golf ccurse, the best of pic- Ine Garner, Mrs. F. Mrs. Di bans Hurt : f„rnc c.r.l,,,r,l. :.1,,,..,.1, • . . 1 • ..... - -- - v - — - a line ueaI'[1 C1u6l LU MC c111', all • Sadie Sundy, ��'il- j excellent golf course, the best of pie- 3I���3� ne Garner, Mrs. F. Mrs. Diggans Hurt tures, schools, churches and good J. Cathcart and in Auto Accident stores. o— These are the things heard on the Mrs. Lida P. Diggans vas painfully strT c ts these days: "It is hard to• i:nn- injured in an automobile accident gine what a .growth this place will H. Heitmeyer and Tuesday night about 9:30, when the have in five years." "I have always • mother, Mrs. Min- car in which she was riding with two been skeptical of Florida but I am :;ige And Mrs. J. C. other women hit the railing of the convinced that you have a great fu- is, Mich:, who are bridge across the canal at Lake tore." "If you have some idle money, r here went to Port Worth. you can-make some money by buying and visited the U. I The ladies were proceeding north up good property now." "For future rs. Flynn is a sis- on the Dixie Highway and as they ap- development Delray Beach has the eyer. proached the bridge were blinded by greatest outlook of any small town -- the lights of a southbound car. The in Florida:" "Do not be afraid to in- car hit the railing, injuring Mrs• vest in the lower East Coast of Flor- iartin Knutson and Diggans, Mrs. Lucille Hawks, who „_ nted apartment gg ida—you can not possibly lose. I..• an a was driving the car, and Miss Eliza- c. H. . C. 0. Timson. Mr. beth Thurbre the other passenger. ;er •of the Buffalo o N1rs. Hawks was the most seriously e in Timmins, Nor- injured, suffering a broken shoulder Mrs. H. N. Britten underwent an .and other injuries, operation for appendicitis at Good o Mrs. Diggans was badly bruised and Samaritan Hospital, yesterday morn- o.• Strahle, Jr., Leo received some bad cuts. She has been ing. She was reported as resting Joseph Strahle and confined to her bed since the acci- easy yesterday and as doing well fol- • Ann, of Chatta- dent. lowing the operation. arrived and are Mrs. Diggans had spent the day, the Cason apart- Tuesday, in Lake Worth as the guest .Tinton. Mrs. Stra- of Mrs. Hawks. The three ladiesHave you any painting to er of Mrs. IN. O. were on the way to Palm Beach for do ? Quality Paint Store, dinner when the accident occurred. ; Casa Del Rey Hotel Bldg. "_ r'% ',. .. • in principal when settlement comes? • -- - ------ -- ----- - - Mrs. E. T. Page #•_' • ' " only. Our connection with that pow- ' ' 's •• .3� J i crless body has been severed by resig_ this week for Nevi 1� HOUSES FOR THE FLORIDA sister before goin - CLIMATE I ration. The job of Democratic corn- :. ; Chicago. Accordin .s.',--..- ' - `��_ mitteeman, which isn't any job 'at all, �' I expires on June 5. But we couldn't was accompanie 1 • Many handsome homes have been , girls and young s built in Florida duringthe past de- j�llit them all. So we qualified again g son, Edward, bad 1 c:•ti ror the budget board job. The thrill .;..: cade. In the main these present an ap- I I for for Chicago. • = ";' of a campaign has been denied us. for . pearance cf comfort and suitability to �no one else wants the job. — the •new comer and the tourist, but _o_ The News report the old timer who has lived here sum- store .under the n, r Citizens of Clermont are puzzling : ... mer and winter for many years kno1•,•s. was to be opened that these, in many cases, are out of their heads over a mystery and are building nine ye '�':. eagerly looking thru town directories place in a semi-tropical climate. Burns who was to J to find .the names of all persons whose ' A family moves to Florida from new enterprize ha { •'-'`... Pennsylvania, from Dakota, from initials are J..' W. P. here. is the I associated with h story as told by the Clermont Press: ) ., : Maine, or from Kansas. They bring - pany. . Mr. .Miller with them an idea of what constitutes Item: A pair of duck trousers bear- Dr.Dr. A. W. Miller =,3Y,=:... ing the initials "JWP" and with but- ::-:'-. • a handsome and a comfortable home 44-:;' " tens torn loose. where the Delray f f„-.,: . in the locality from which they came, is. Frank Burns Item: A slip, brassiere and ted- °"l=; _i.., . and proceed to build; on the assum• e- the Liggett's. Dru -'-'''••. tion that"-the same form, of architec- dies in matched set. ,.', Item• A dress. street in West Pali •ii,,v.::., • ture•is as admirable for the new loca- :.?f1,;i..4..;. . Item: A tie. . . i " - tion: For this .reason FIorida abounds I �`~�.�:' I Herbert N. Bri '"3~ This clothing; . found Wednesday •• , in homes, otherwise appealing, which 1 Miami by boat for L : ': have narrow `stoops, anti nb galleries morning on. the 'payed street a few ',' ' feet from the shore of the small lake to tlieir•ho'me in.. ii., ;;...:i or porches; houses with few windows, spend the sui filler ;t • • low ceilings, and flat roofs. which lies in the valley :between "the • Methodist Church and the colored•• ter. spending the,These homes would. be .eminently I • • Britton had purcha ,Yr� ` • satisfactory *in .northern states, and .school, gives rise. to some interesting • (conjecture as 'to their origin and how cable intention.: ty�.in I` are fairly comfortable in .Winter even his intention, to 7 in Florida,.but are utterly out ofplace they happened to be there. ' Loot from a. robbery. thrown from: and erect.a home �.a1�k, : . .in summer. Neither, do• they fit' into ton..did. build a Ij x., - •the ".landscape. Houses , which '",look a car? . '... • and they : iow seer . ",Aninterrupted nocturnal dalliance . r : .rt cosy when covered with'Snow. an not: I• • Ielm-m/1r it 71..1,-.... �. }_71- ,�T:;• ., in leloriva, but are utterly out of place _._ - land erect.a home, t..-..sf-� ' Loot from a robbery. thrown from ton did build a h ,; ; in summer. Neither do they fit into ,� the landscape. Houses which ' look a car l and they now spen ..� '.:"' An interrupted nocturnal dalliance? cosy x�'hen covered with •snow, do not 'summer in Delray iti �-,,�- appear the same when. shaded with Or is .there a body in the water of l'.� , the little lake? • ��,,. •.'� • live oaks, draped with moss, or flank_ o Miss Annie Hoff :. cd tvitll a clump of giant bamboo., Walther Leaue a This is a summer climate. Houses To me religion- has nothing to do • x, :.: years ago' • Wedn i'`'y7:_.: should be built with; this fact in mind. with any specific creed or dogma. It present were Marj r•;=`', ` means that belief and faith in the I!,•--, High ceilings, wide halls, many win- Airs. Frank Lang, sfP'�" vows, on all sides, and a Lan now residing r; porcheshalf heart of a Oman•which makes bim try `" ' to live his life according to the high- g' t-;;;: .•, story above the rooms to be inhabit- da Hartman, who n :,-.>':: est standard which he is able to vizua- . _ • : ed are most desirable. The style of Igo; Ella Hartman, t ,t •' buildingcalled . Southern Colonial" is lize.—Eleanor Roosevelt. C. Hall; Willie Hofi P. « in every y respect most suitable for tilw111i11111171iniliilsiiimli iiil1iP,lIYII iiiiIIInl11ithi1i1111111111111111Iiiiiiillllllillil:lilll 11111 in an, Ferdinand Ha ic:.'••-'.:'' this • climate, most comfortable, as I living in the north i�: 1.;;'. : well as most dignified.--Eustis Lake Keyl, pastor of the ,ae� . arilNow , �J-1 ' Region. n f ` at that time and n •.rI IniIIIIInl11111111111111111U111111 111 li1111111111It111111HIHIi11111'11111111llJ11111111111111111i11111111111iti11)6 the north. '=y z`1- •Some men have a den in their home, The dirigible, "Los Angeles" pass- .—o :F,' '= while othersjust ,e-,•,5, growl• all. over the ed over Delray nine years ago this A small. advertise �.�-•,c. ' mouse.—The Readers Digest. , week. enroute to Miami. The air ship the News nine year 1,t,. o •• . • .- is ,now out of date and is being scrap- to a free 200-mile '3,•` ,:y.•` • A. thousand* friends suffice theeped bythe U. S.,,,, ,- government. personally, conductc �,�....,,..; not; _ ;�;•,ka in a single. enemy thou has more .' —o-- points of interest it },t.' - than enough.—Ali Ben Abou Ta1eb. Mr. and Mrs. F. J. Schrader were 'ter Haven. t- f"'tS:;: : g " . tv.w..-. . • . ,.,.. ,.„.....,-. .. . . . . FWa. - i / r•:.. tyi • . ; i, -�N/� : ,, .. ,; _4: •,- ..'.�' + L +—'•.f.1 1 . .{ -� �C,/ ' yt •1 Y j• "1• fi + 1•:I Y; •i ri.a3itvfgg!ti7: 1r' � rpix+. l_ .-;- C : ,: _�' � t ,i -41t i S fi , :"' s .l, r a• s.t ?�r,/ r 1zG fix•V::..t'�t -tk . • .tvN.�•t .k ( tr,c4S- w ;rr,*J i t #`r :" � t � • t r-•.r, f a ":s ; ' •,.3 i` �� �, Sai �-.;,� !ry1 ;; - 1ai._ _..t f; i ,•cr{. VY...- 1,a '�-' T"4 � }.eF4;r:s�1 .• � "P: :! '� ,. 0 1.1:~a>f•: tv. t.*---� 7,.f t',,r. .,dy7! � ;Fff•�rti K\_.,: [�.t, z4:1" f !. jyV' IX•yrr; -7':; �\ ' n";y� s,cfa . •#fz y. 5 � :r r,f -Y �i^fitf..f 1ff t $... ir; - f�:��J.: 1 ^i :k. Vrf'•. +. , •V^ }y .r :i'ttit�cr+.jl :'.r�l _71 •Y° "• •a±_r. F••,? . t".•— pr:., — . :r .. -- , . - .. ,. _ .... r .t.,,, -44. 74 •;.r. 'N' 1 ''''P' N .,-. ‘0 1 0 .wiL,... it: n4' 4 W 's iJJi44 'tIe ketAieti,cl, I/3` - - VOLUME XI DELRAY BEACH, PALM BEA II .. . ... il I �r Long hIandersHope; rj l: o Ho es o - .. ,..,•; . I Eat Waivers, Drne ;. � - 1` far k" ass :. F crmer residents of Long Island ,�� ���� Front and winter visitors from there were j -4 P. a. —o entertained at a Weiner roast and sup- —o— per at the home of Mr. and Mrs. Dan Palm Beach Architects Have w. Snlit.h, 7.'uesd:iy night. Supper Senate Committ .._..; „ Announced Summer was served in the yard and the guests j Favorably o . BuildingI went into the house afterwards where ► � ; I the played various Bankruptc,: o games until a late hour. �� ashin„�,.ton, March "rwn slew homes will be erected in • Delray Beach this summer, accord- The re-union of Long Islanders at , est hazard to the Wi 4,g to announcement made by Volk the home of ND.. and Mrs. ,Smith. who refinancing bill was are residents of Oyster Bayon Long ! this ,Ind Maas, Palm Beach architects, � ' t,?l wcel: when the st • Wednesday. Fontaine Fox, noted car- Island, has become an annual event. : , committee voted eight. \ 's tnonist Those enjoying the evening were _ , and Charles L. .4nderton �, well known capitalist of Milwaukee, • il'Ir. and Mrs. C. T. Adams, 1\1r. an 1 ; Senate. The bill is des f • ; large winter homes. Mrs. Fred De Cxraf'f' Mr. and Mrs. ghten out the tangled 1 -111 build la? rr , Mr. Fox will build his home on the Coleman Townsend Mr. and Mrs C. lions of cities, counti' tl :rct. purchased last winter located N. Brad•y, Mr. and NIrs. W. Henry, ; tax districts. l3ue Cannon Mr. and Mrs. W. I . ' ..rbout one mile north of Atlantic ave- Rep. J. Mark Wilcox , .,,, iBarth. Mrs. CathPrini Mirt.n R, r nnrl ' tr:1et. purchased lost lvinter located 1\ . 1)t'auy, .0•11'. zttt(I lute. " . 11"1 . " i taX (liStrietS. .about one mile north of Atlantic: ave line C:-Innon, Mr. and Mrs. W. E. • Rep. .J. Mark Wilco•• n;ac� oil file Ocean Boulevard. The ! flu to, Mrs. Catherine Barto, 1-ir. and 3Iq I c'.vlll' }till, was jul;illl nt; tc,da : building will he a two-story structure 1 M1•s. 1'�'haI(V, 1'll•. and Mrs. 1�'m. Needham Mrs. C. Smith and the e,l v� (.rcl that final �;:; with three bed 1 Senate virtually is as: ° Ihe A n(lert�:n residence will he a hosts. Also the following friends fromBac Backed by the appl Short distance south of Atlantic ave- nue on the. Ocean Boulevard, adja- 1 other places, Mr. and Mrs. W. B. Cor dent Roosevelt,' the bi: ` racy, Mr. and Mrs. C. Coalfleet., Mrs. for An early vote in an - .cent to the home. of J. S. Knechtel, a winter visitor from Canad_l. 'Phis E. Fowler, Mr. and Mrs. W. N. Kling, it is considered inevii \ ' Mr. and Mrs. L. Van Fleet, Mr. and i "ill of the President I\ home will be of the farmhouse style, icomfortablellla.l'margin ofMrs. C. N. MacLaren Mr. and Mrscomfortable'ambling and lOw, typical of West ' '` t, ndian dwellings. White roofing tile Phil Howe, Mrs. Catherine andJackj The action of the se + and white exterior are planned to ; Breen, Mr. J. Watts and Mr. and Mrs. committee in reporting ',-4, make the residence unique in this C. 1''. Lohrman. orably so soon after its i* - o .community. The cost of the improve- --- I voted four to one agail meritmay reach 15,000. ( I plained today by Rep. W - Bridge usi.cale i the president .and nl;. • According to predictions of real es- fate men and others connected with field at Alterep Joseph T. Robinson ha( .construction, these projects are only —o weight to the support the first of several which are planned Artists from West Palm Beach and Having come close ' �'°" + for D.elray40' Beach during Lake Worth were heard Wednesday ; more than one occasion, .00 the summer e months.. I afternoon when the Music Club gave will allow the rewritink. M1 . Anricl ton is spending the win- 1 a silver tea and benefit card party i and tax district debts ter in Lake Worth but was attracted I at the Alterep Hotel. Eleven tables to pay basis, now is of bridge were in play in the lobby ! stretch, Rep. Wilcox e:� to Delray Beach by the excellence of ' the meals at the Arvilla 'lea Room. ai'ter which the guests were invited Florida member expre: He favors Delray Beach to Palm into the beautiful music room where j that the measure would the program was presented and tea I before • March 20, the a•• Beach because the season ends so • eei served. so ry of its intrcductiol'. r• y a.rly in Palm Beach. He always stays `'� in Florida until June. Those winning high score prizes at I house. Laborers are busy this week clear- ; bridge were Mrs. L. C. Moss, Mrs. ----- o - 'rag the tracts owned by Mr. Fox and i Blanche Banks, Mrs. Frank Clough, I Mr. Anderton. i inp Mrs. M. N. Weinerman, Mrs. Cla1 - Ti � s ell o once Butts, Mrs. William R. Dolan, __ �. • I ' Tickets were selling R -• a ur ' che. Others playing were Mrs. Em- CarcaE �� , day and today for the 3)q1,34 0 : mett C. Hall, Mrs. Ldna C opJan.l, . ! Mrs. D. B. Tower, Mrs. John B. �'i e�'.. Benefit performance Herb Roth, well known artist, pro- 1111d, 'Mrs. T. J. Di ike, 'Airs. A . I jrh}7C`iltl'e, Thursday lll�" vided the program at the weekly Inn- ,Ilt:;•ram, Mrs. 1 . C. Swain, � ,hlle show this year is ; .I! las cheon of the I{1\wan1S Club yesterday e +e1 : the Delray Theatre. i Ge::r�; . Siegel, Mrs. E. A. Ila1ste: , • noon. Mrs. Frank Dee, Mrs. H. G. Ilag i', The usual perform; scheduled at the theatl', D• escribing himself as a caricaturist ' Mrs. W. J. Cathcart, Mrs. A. W. rather than a cartoonist, 1Ir. Roth : Cove, Mrs. 0. Reiland, Mrs. I;. I� Picture, to which will }rew caricatures of each member of .' Rey:, Mrs'.' J. C. Wellbroek, Mrs. J. l3. eral Acts of vaudeville. the club, which were retained by each ! Evans, Mrs. C. E. Cousins, Mrs. Har- • more in "Long Lost I d feature picture. sul:venirs. Much merriment was l' i'v Cooney, Airs. C. Y. Byrd, Mrs. There will be no 1'( caused 1)y the cleverness of Mr. Roth':; ! A. B. llogle, Mrs. II. B. Bolger, Mrs. General admission \VI imam. (1ra wings. IR. G. Bostwick, Mrs. Arthur Barton, and children's tickets V...e .1 Mr. Roth, who has spent several �'i l's. Howard Davis, A11•s. I.. .l•'. Ran- • all small children Occ . winters in Delray I3each, explained ; son, Mrs. A. Conover, Mrs. Ge i'ge ' i ne entire pr,:seeds that he is a Native Son of Califor- ' F. Moss, Mrs. A. M. I3latz, Mrs. Jo • - an:l spent 21. year of his life : seph Hollis, Mrs. J. L. I-IosJoi':I, Mrs. �lh�>v`1 the cost of film . .Isere. 1-le likes F1(:ri•da, however, and Louise Ball, Mrs. C. Koc•ot .and Mrs. c'r minor expenses \\ ill : • paid that he was so well pleased \\ ith 1' Kaol hocct. ; the under-privileged ws wanis Club. 'file show • ;he state as a winter resort that he The artists appearing on the pro- ' " of the annual lllingrel. 1 ill r'uilda winter home here. ! gram which followed the games were (� r Tickets for the benefit show, March introduced by Mrs. Graham �V hlli< The committee in C'i 15, were distributed t0 the memberst i:how is Chas. Senior, el , Chairman of the committee.„ in char, .for sale. Chas. Senior, chairman of i Mrs. ,lcseph Hill of West Palm Beach i C' Turner and Jack I.. the show committee, announced that , ' - .0 opened the program with two contra _I a most successful show is antici- to solos, "I Look Into Your Garden" .1 OI-I N CRAMP PAS: -.. patei]. ' (Haydn Wood) and "Oh, Heart of (,_- . ---- --- --_-O- I Mine" (Galloway,) with Mrs. J. 1-1. John ('ramp, retired v 1 MUSICAL TEA WILL BE GIVEN I. Sterling at the Mrs. II ill's ; 1, piano. ; died at his home here }: . ----o ! young son, Jack Kelly, then sang a being in ill health for 0 : The Corner Stone CI ass of the ! group of songs accompanied on the I lie suffered a paralyt . `(.'.orni wnity Presbyterian S u Il d a y ! piano by his mother. Jack's numbers ' years ago from which : e}tool will give a musical tea and St. were "Pirate Dreams" (I-Tenrter) and pietr'ly recovered. lie • rl . ... .1.., . T.).. .. J , 7 c • HISTORIC PRESERVATION MEMORANDUM STAFF REPORT Item: II. D. - Meeting of February 20, 2002 Consideration of a revision to Ordinance #70-89 regarding the Fontaine Fox House historic designation. Location: 610 & 615 N. Ocean Boulevard ITEM BEFORE THE BOARD The item before the Board is approval of revision to Ordinance #70-89 for the Fontaine Fox House historic designation, pursuant to LDR Sections 4.5.1(B) and 4.5.1(K)(2). BACKGROUND The subject property consists of approximately 2.5 acres of Lots 1, 2 and 3 of the Ocean Apple Estates Plat. Lot 1 lies on the east side of Ocean Blvd. (615 N. Ocean Blvd.) while lots 2 and 3 lie on the west side of Ocean Blvd (610 N. Ocean Blvd.) between N. Ocean Boulevard and Andrews Avenue. Associated with the property is a 1,184 square foot Cape Cod cottage, which was constructed in 1936 of Florida cypress. Inspired by the trolley made famous in Fontaine Fox's "Toonerville Trolley" cartoon strips, the house and the adjacent lot to the west and the east, beachfront lot are located between the Atlantic Ocean and Andrews Avenue on North Ocean Boulevard. Two outbuildings are also located to the west (behind) the existing house on lot 2. All three structures are considered contributing buildings. Zoned R-1-AAA, the property (including all three lots) is an individually listed historic property in the City of Delray Beach as established by Ordinance#70-89. At its meeting of December 2, 1992, the Historic Preservation Board approved the architectural elevations for the construction of a new residence at 615 N. Ocean Blvd. Approval was contingent upon the terms set forth in Ordinance #70-89, which stated that the building shall contain no more than 2400 square feet or gross floor area. Local historic designation, as established by Ordinance #70-89, for the Fonatine Fox House and its outbuildings (located at 610 N. Ocean Boulevard) was approved by the Board on September 20, 1989. PROJECT DESCRIPTION /ANALYSIS Project Description: The proposal is to amend Ordinance #70-89 in order to remove the historic designation from lot three (the westernmost lot adjacent to Lot two, which contains the Fontaine Fox House) and alter the previous density restriction to allow lot three to be broken into a total of four separate parcels to accommodate a development plan for construction of single family homes (perpendicular to the extant historic structure). The historic designation for lot two, the lot that houses the Fontaine Fox House and its contributing outbuildings, would remain. 610 N. Ocean Boulevard, Ordinance amendment Individually Listed Property Page 2 Design Elements Analysis: LDR Section 4.5.1(E)(8)(g), (E)(4), and (E)(8)(c) (E)(8)(d) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The guidelines are as follows: The Board Shall Consider: (a) All improvement to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility can include but is not limited to: consistency in relation to materials, texture, and color of the façade of a building in association with the predominant material used in surrounding historic sites and structures within the historic district. (b) A historic site, or building, structure, site, improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time. In 1989, the previous property owners, Roderick and Joyce Wilson initiated the designation process for the Fontaine Fox Property, lots 1-3 of Ocean Apple Estates, for listing in the Local Register of Historic Places to ensure that the density of development for the property was restricted and to allow for construction to take place on the lot directly across from the residence on the east side of Ocean Blvd., lot 1. As the action was not arbitrary and capricious by the City of Delray Beach and as the designation extends with the land and not strictly the owner, the designation and encompassing legal description should remain in place. The removal of the designation from the adjacent lot (lot 3) could hold long term implications for both the protection of the integrity of the extant historic structures at 610 N. Ocean Blvd. and the designation status of other sites and structures on the Local Register of Historic Places. In order to protect the integrity of the Fontaine Fox House and its contributing outbuildings, it is recommended that lot 3 be divided into just three additional parcels, allowing the development of these conforming lots for the construction of just one single family home on each parcel. The fourth lot, adjacent to the Fontaine Fox house (directly to the west of the house) should be divided to establish a minimum of a 50' buffer between the proposed new lots and the historic property. The residual area of this divided lot could then be incorporated into the three remaining proposed lots (lots 4-6). These restrictions will allow for further development of the property and is therefore not considered an economic hardship for the property owner. Additionally, the historic designation would remain on all three extant lots to ensure that the design elements including the scale and massing of the new construction conform to the Secretary of the Interior's Standards for Rehabilitation and the Delray Beach Design Guidelines. Controlled density and design elements for any new construction in close proximity to the historic structures on 610 and N. Ocean Blvd. would further protect the integrity of the structures and control future development plans around the buildings. To ensure that any new construction be designed to conform to the surrounding historic 610 N. Ocean Boulevard, Ordinance amendment Individually Listed Property Page 3 structures, a height limitation of 28' is recommended for any structure built on proposed lots 3 and 6. As the proposed project protrudes onto the adjacent lot to the north affecting the historic residence at 622 N. Ocean Blvd., it is recommended that steps be taken to list the house at 622 N. Ocean Blvd. on the Local Register of Historic Places and to move forward with the filing of a Preliminary Information Site Questionnaire (PSIQ) with the Division of Historical Resources (SHPO) in Tallahassee to ascertain the historical and architectural integrity of the Fontaine Fox house and its outbuildings for their nomination to the National Register of Historic Places. If the PSIQ yields positive findings towards listing the house, a National Register nomination should then be initiated and submitted to the National Park Service to designate the property and its contributing historic structures to the National Register. Both designation processes are to be initiated prior to the approval of the plat. These terms have been placed as conditions of approval. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve 2002-101-COA-CCA for the amendment to Ordinance #70-89 affecting 610 & 615 N. Ocean Blvd, the Fontaine Fox House, based upon positive findings with respect to LDR Section 4.5.1(B) and 4.5.1(K)(2) and the Delray Beach Design Guidelines subject to conditions. C. Deny approval of 2002-101-COA-CCA for the amendment to Ordinance #70-89 affecting 610 & 615 N. Ocean Blvd, the Fontaine Fox House, with the basis stated. RECOMMENDATION Approve the request to amend Ordinance #70-89 based on positive findings for the property at 610 & 615 N. Ocean Boulevard with respect to LDR Section 4.5.1 the Design Guidelines subject. 1) Retain the historic designation on lots 1-3, Ocean Apple Estates and restrict the density for lot three for use as three conforming parcels strictly for the development of single family homes. 3) Construct a minimum of a 50' buffer between the existing historic structures at 610 N. Ocean Blvd and the lot adjacent (west) to the structures. 2) Restrict the height of any new construction of proposed lots 3 & 6 to 28'. 3) Initiate the process for listing the residence at 622 N. Ocean Blvd in the Local Register of Historic Places and move forward with the filing of a Preliminary Information Site Questionnaire (PSIQ) with the Division of Historical Resources (SHPO) in Tallahassee to ascertain the historical and architectural integrity of the ' 610 N. Ocean Boulevard, Ordinance amendment Individually Listed Property Page 4 Fontaine Fox house and its outbuildings for their nomination to the National Register of Historic Places. If the PSIQ yields positive findings towards listing the house, a National Register nomination should then be initiated and submitted to the National Park Service to designate the property and its contributing historic structures in the National Register of Historic Places. The designation process for both properties are to be initiated prior to the approval of the plat. Attachments: Survey, Staff Report for Historic Designation of 610 N. Ocean Blvd. Report Prepared by:Wendy Shay, Historic Preservation Planner ,, ‘......_„,...4___, I •......-...—,• 4 I ... \. ?"...„„....; - . . • r g V3 . 7.2e5c i . I DESIGNATION REPORT t„. , n I . Fox House (a.k.a. Ocean Apple Estates) 610 N. Ocean Boulevard 4 I 4 - .. I ‘A. i ..4 ....."*. i -4..•...5,-%.,,,,... . • e• • i 4. kit i"'s'...s,,,,L's - -r.o.ni4,..N. .... -44-t J...., t tik ---,,-...j, Air,,,. • 0*. •.._k..... ,. • .. . es .. zz.-:-....----- -z..-- ,.. • i• _ t ...... ,..f.:-.(..y . IIK ...:. . . • - .-,---..-----:-_-s_.:_.- ---____-7- .• ..,ji, . . It*,- 4*. NV_.. . , ' .__-....-___,_.----_--,,,..-a. . • • 1 ,_ ........ ........ - ..... . .! -*,,f .. • • I 1. •'•: i 1. 1: .„AO..• .g. .'- 'i s i . •. O. -'.-----:----74.-7 ---"-•• - : 1.-44..'4. , a iti s 41. -, •,,...'7.*;,..,."I,1:;\., t I 1,...ICn.).'''' * •• . ;‘,1 ' I 4 . 1,' .1:. .Y .i• • --:."--- -:"...........-..-• - 1 44'I.N..'''• • OiAr: 10-; ' ' - - -.. _----..:;•:_.-.:-..---.-= __. &I..etre•''''... . ..,„7,----"P r - - • , ....• '. ...,r.owelt. ' . - • ...• tirinl ft . '-:'.•___..-:;- ----:3 --:- --- ' - • .... t! •." ' . 1 1 .. it..i.V. ,...-t " I • " I . „07t,.:.. ....ii,.....* .0. 11.1 i ......r. _,_;:-:_:-_-_,,........______T-_____________„:• . , ,,,..1.14,cci .I ..•' .,.i. .! 1 ll go 1 f r 4 r 9,.L'I',.,...._-..••...•:•.'_ •r..........r.,-...,••••'•..•....5....:../.'-••- • . . •ig, .. A Illi b I •• .•. • I, I I ?' •r..%:,#• )6 ..''• ..:'0/4'6 a • - - ..-- .... .0-.0- • . I e / . ...:,,.4.1 •„ 1.•1, , ".•4..,4-,, ••■•".• ir40 r,?:...rt.':':a - {.1. • ' . . ' , • •' '' V,A)ii. 'i 1 ' '" 0."'44 '2 -r.7 . '‘ 1$ #5.3i1V i % gl.p...41 *"... t & -'1 -IF ii ..!1. ' Vale .: • - r i "` • 1-.41r, I.C.' #.- . - "•••)".4: a f . ', . ,1,41,104,:-- , ',ttip rfe1:2 ..• .. .t• 1_,., II ts. 11 t. - . ., 4 , 7,.;46 Z./...:! . ;,.. # •-.. 7... ,..".7.4t, • - ,t'': ;;;-•,:' • .o...r1,1.!' ...hi,I It 1.1i1'... '1 II • - '' • we • •11, •'''......7 ...:no. -. A I i r . , /. i • . ._...• ' •Ir . 4 10 O... -..-.47. fritiklifir, .• ' . . • ./ .%' ' l•1‘T .. ,......__ L...it .1% I • _•;.'.411 t'.... ... e_ ". Ziti..&AS! . 4 • ' - -- ;:i.:4 1 -,,------.111:...w-. • --- .-tx----:- --- !- - p . -. , • e: " • . ...!-....-• ...... •:-....... .I• "," RV ; 'a I • It ,i ,•I ..• . , . ,• ...t" ..; r. t .. .-•w...--,*<- - ' • 7-7. ; A.... . 1r1, -, ,,-. -1, i - . . _. . -- _ --- -- ,E .. . ,. .= f'pft • . 1 • r'" L DESIGNATION REPORT • THE FOX HOUSE S aka "OCEAN APPLE ESTATE" 610 N. Ocean Boulevard, Delray_ Beach' I. PURPOSE The purpose of designating the Fox House, 610 N. Ocean Boulevard, to the Delray Beach Local Register of Historic Places is to preserve the architectural and cultural significance of one of the City's most distinctive private residential oceanfront estates, which is popularly known as the "Ocean Apple Estate" (hereinafter the "Subject Property") . A nomination for designation has been filed and considered by the Board (See Exhibit A) and a public hearing held pursuant to Chapter 174 of the City of Delray Beach Zoning Code. II. LOCATION The Subject Property is located at 610 N. Ocean . Boulevard Delray Beach. It is 2.5 acres more or less and is comprised of land on the oceanward and landward sides of State Road A-i-A. The Subject Property extends from the Atlantic Ocean to Andrews Boulevard. The legal description of the Subject Property is described in Exhibit B. III. HISTORICAL AND ARCHITECTURAL SIGNIFICANCE The house is significant because of its architectural style, the man who first owned the Property and the man who designed the improvements. The house was originally constructed for and owned by Fontaine Fox, a world-famous cartoonist. Designed by John Volk, it represents one of a few remaining "beach" cottages reflecting the Cape Cod bungalow style typical of houses built on North Ocean Boulevard from Delray/Gulfstream to Manalapan. The Owner: Fontaine Fox In 1933, Fontaine Fox began purchasing the land for what would-be known as 610 North Ocean Boulevard. By 1934, he owned all of lots 1, 2, 3, 4 and the north half of lot 5 of Palm Beach Shore Acres. The house itself is located on lot 3 and the north half of lot 4. Fontaine Fox commissioned John Volk, a personal friend, to design a house on North Ocean Boulevard. Fox, a cartoonist of both national and international acclaim, was best known for his cartoon "Toonerville Trolley" . Launched in 1916, the cartoon was syndicated throughout' the world, appearing in several languages. 1 Born in 1884 in Louisville, Kentucky, Fox began his career as a cartoonist in grammar school, continuing throughout high school when he began working at the Louisville Herald as a reporter and cartoonist. After two years of study at the University of Indiana, where he studied and drew cartoons part-time, he returned to Kentucky to work at the Louisville Times until the Chicago Post gave him national recognition and distribution in 1915. . Much of the small town subject- matter for his cartoons came from people he knew in then suburban/rural Louisville. He moved to Delray in 1931, after having visited there in the 1920' s. Fox, in coming to Delray, joined a number of well known artists and writers who -- by making Delray their home -- created an artists and writers colony. These people included the cartoonist Herb Roth (whose cartoons reflected life in Delray) , Wood Cowan, writers Hugh McNair Kahier, Clarence Buddington Kelland, Nina Wilcox Putnam (whose articles published in Good Housekeeping magazine were illustrated by another Delray resident Anita Brown) and poet Edna St. Vincent Millay. Fox made his studio on the second floor of the Arcade Tap Room, the hub of winter activity in the town of Delray. He ultimately built two homes on North Ocean Boulevard. He was an accomplished golfer and the author of several books and articles, including a series which ran in many papers which was based on his narrow escape in 1939 from war-torn Europe. During the war he was a member of the Division of Pictorial Publicity. In 1951, Fontaine Fox sold the house at 610 North Ocean Boulevard to Alfred and Anne C. Hart. (Alfred died in 1958, and Anne C. Hart ultimately became Anne Hart Mott of the Mott Applesauce family. ) Fox formally retired in 1954 and died at his home in Greenwich, Connecticut in 1964. The Delray Beach Historical Society recently honored him at an exhibit shown at the "Cason Cottage" Museum. The Architect: John Volk In the late 1930 's, Fontaine Fox, having had a long-term friendship with John Volk, commissioned him to design the house at 610 North Ocean Boulevard. Volk was also the architect of Fox's home just north of 610, as well as several others located in the immediate Delray/Gulfstream area including Ocean Boulevard, Seabreeze, and Palm Trail. Born in 1901 in Austria, Volk came to the United States when he was nine years old. He was a student at Columbia University School of Architecture as well as the world renowned Ecole des Beaux Arts in Paris. Volk continued to design homes until his death in 1984. John Volk arrived in Palm Beach in 1925 while Addison Mizner was building Spanish and Mediterranean style mansions for wealthy 2 families. A prolific architect, he designed over 1,000 houses, theatres, and buildings all over the world. Some of the world's A most powerful and wealthy people commissioned him to design their `. homes, including William Paley, George Vanderbilt, Henry Ford II, Herbert Pulitzer, Horace Dodge II, and John Phipps. Volk has often been called the last of the original Palm Beach architects which included Addison Mizner, Maurice Fatio, and Marion Sims Wyeth. In 1926, he formed a partnership with Gustav Maas which lasted almost ten years. Volk's homes, which number several hundred scattered along the coast, covered a broad range of designs from Spanish and Italian motifs to Normandy, Bermuda, Regent, Classical Oriental, bungalow, and what he called British Colonial. Known to have "broken the excesses" of the Mediterranean style after the Depression, Volk began designing British Colonial houses that could be built for forty-five cents a square foot versus two dollars per square foot for the Spanish mansions. He related in an article in Architectural Digest in 1972, "when the market crashed and the Depression followed, there wasn't a client in sight who wanted to build the elaborate Spanish house. Everyone was broke. Those who weren't, didn't want to make a show of their money. " It was during this period that the houses along North Ocean Boulevard were designed. Volk designed some of the most prominent buildings in the area, including the First National Bank building in Palm Beach, the Royal Poinciana Plaza and Playhouse (which opened in 1950, becoming the first new professional theatre to be built in the United States since the Ethel Barrymore and the Adelphi Theatres opened their doors in 1928) , the galleries and theatre for the Society of the Four Arts, part of the Town Hall of Palm Beach, the Beach Club, Phipps Oenza, and: Good Samaritan Hospital. In later years, he. designed Paradise Island and was involved in early development of planned golf course communities such as Port Royale in Naples and Old Port Cove in North Palm Beach. During the Mott family's ownership, the southerly portions of the land seaward of State Road A-1-A were conveyed to the City of Delray Beach in support of a beach stabilization and renourishment program. Recently the City Commission of the City of Delray Beach voted to convey ten feet along the southerly border of the Subject Property east of State Road A-1-A back to the current property owner as a part of the property owner's proposal to plat a buildable lot on the east side of State Road A-i-A. IV. PRESENT USE, CONDITION AND ZONING A. Present Use 3 The Subject Property is improved with a two bedroom principal residence, garage, swimming pool and three small guest cottages. The improvements were designed by renowned architect John Volk and was originally constructed in 1934 . The improvements to the Subject Property have been renovated in accordance with the architectural theme and character of the original design of the principal residence and the other improvements. B. Condition The structure is in very good condition. C. Zoning The current zoning of the Subject Property is R-1-AA. The Nomination submitted by the owner is subject to proposed conditional zoning regulations. V. IMPACT This designation is being made at the request of the owner of the Subject Property. VI. RESOLUTION The Historic Preservation Board of the City of Delray Beach hereby finds and determines as follows: A. The Nomination for designation of the Fox House as an historic site is appropriate and conforms with the standards and criteria of Chapter 174: Historic Preservation of the City of Delray Beach Code. B. The Subject Property is appropriate for designation as an historic site because: 1) The Subject Property is associated with the life or activities of a person of major importance to city, regional and national history in that the Subject Property served as a residence of famed cartoonist Fontaine Fox, a notable person in the history of the City of Delray Beach and the country. The Subject Property also served as a residence for the Mott family of applesauce fame; 2) The. Subject Property exemplifies the social and historical trends of the community in that the principal residence represents a lifestyle, quality of life and architectural character that once typified seasonal living in South Florida; 4 c-- 13 3) The principal residence on the Subject Property has % architectural and aesthetic significance in that: a) The building portrays the materials and design of \, an era of distinctive architectural style, to wit, natural wood reflective of traditional cypress construction. -- _ b) The building reflects distinguishing characteristics of a style, period and method of construction, to wit,: the building is reflective of traditional South Florida cypress homes that are no longer extant. c) The building was designed by renowned Florida architect John Volk and represents one of the finest examples of this style and type of residential design by Mr. Volk. d) The building contains design, detail, material and craftsmanship of an outstanding quality which represented, in its time, a significant innovation in adaptive design for the South Florida environment. B. Such designation should be conditioned upon the adoption of the following zoning regulations: \ 1) notwithstanding the fact that the minimum lot size requirements of the R-1-AA District and the existing number of platted lots that make up the Subject Property would allow more than three (3) dwelling units, the total % number of dwelling units that can be developed on the Subject Property shall not exceed three (3) ; 2) notwithstanding the minimum lot dimension requirements of the R-1-AA District, a single family detached dwelling __ may be constructed on the Subject Property east of State Road A-1-A, provided that the dwelling is constructed within the area designated by building lines depicted on Exhibit C attached to the Nomination, to wit no portion of the dwelling is constructed within five (5) feet of the north and south property lines; 3) notwithstanding any provision of the City of Delray Beach Code, the single family dwelling which may be constructed on the Subject Property east of State Road A-1-A through the Subject Property may not exceed twenty four hundred (2400) square feet; and 4) notwithstanding any provision of the City of Delray Beach Code, the right-of-way of State Road A-i-A shall be sixty (60) feet and no reservation of right of way in excess 5 • of the east half of sixty (60) feet shall be required as a condition of development east of State Road A-i-A. C. The Subject Property is unique in regard to a confluence of circumstances that render it potentially unbuildable under the current provisions of the R-i-AA District., D. The construction of a single family dwelling on the land east of State Road A-1-A is consistent with the goals and purposes of the City of Delray Zoning Beach Code. E. There is no other lot in the same zoning district that suffers from the same confluence of circumstances and the conditions and circumstances are peculiar to the Subject Property. These unique circumstances include: a) the property being the southernmost of a long series of oceanfront lots which are improved with residences, b) the granting of an easement for public beach use over a substantial portion of the lot in support of a public program of beach stabilization and renourishment, and c) the establishment of an erosion control line divesting the owner of technical title to a substantial amount of land area between the mean high tide line and the erosion control line to which the property owner retains riparian rights. F. Absent the conditional zoning regulations, the property owner will be deprived of the rights enjoyed by other properties in the same zoning district. G. The special conditions appurtenant to the Subject Property are the result of public initiatives in regard to beach access, use and renourishment, initiatives that the owners of the subject property have supported and contributed to by granting of beach access and use rights of way and acquiescing in the establishment of the erosion control line as a part of a renourishment program. 6 • \\ • -'-•.''.- . . .• , • . , \ e X.V .,. / . ‘4%. -it... t. ..• . •11 r A A . '...t. .•a - . -4., ., 4 et ' • , ., 4, .4.'s..,•2-.---....,... 4.,N • -, • • ,, ,„ •••Sy+1,...4,•,.•••,A. • . .• . . •lir'fr.! •••', tr‘,ei 4"!:61.••••• ......, • / • A"c‘irs:...„ ,. • .. .4`.... .. ..., ....- •••::" , „ dph '-' • 7 1 _ ''''f•-. -.•-•,----7-7.-.:--:- ------"--. • •;"-*14-- d • , -' :f ,. Lik -.'.A.• ,•.: ,..,. di. J . , ., .6--..-.-.. -,----_-:-...-,,,--.------,:..--_,•:_-z--__. ... . i• • . .1.... , i ••• , ---.... -•-•:.7--- f. . e •,. 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I.1.=r. • . . •i . - * . ”444W1..Of• t'''. • •-- V. 62111C. .6 CC-- • , • 1. . i ' /••-•.., . • • • -- V.I.I. $ A 1.•3 F.t.A F T•:' C . . I -a - .3.1,•1 b...' : - ).1.14 1 Itt A•A:. ... • • . • •A.•...r.er... 1 . -14r--‘1.4.0V• .• . . • • • 9,1-- e...... 71.- IV . . _ \ 1 , . • • . • . . • t- • / -: c9 y3 . 7ae5 DESIGNATION REPORT / • Fox House (a.k.a. Ocean Apple Estates) 610 Na Ocean Boulevard t I •, i to 4.4• tir '.1� o ,asa 1 is/ 1 } t i . Ss `- • a 9 44.a e ' ►, f ' �� .-'1' ed ems.' +� Gay[' �• -- :I t� �"- � v.� y� • LZ'er K'i AA!is: a 'j;f..f C1,t P I .i o . n •• i - 6. •' P a .It' ' •it t•i1'11-1 i:1 / it t t / _ DESIGNATION REPORT THE FOX HOUSE aka "OCEAN APPLE ESTATE" 610 N. Ocean Boulevard, Dell-Ay Beach) I. PURPOSE The purpose of designating the Fox House, 610 N. Ocean Boulevard, to the Delray Beach Local Register of Historic Places is to preserve the architectural and cultural significance of one of the City's most distinctive private residential oceanfront estates, which is popularly known as the "Ocean Apple Estate" (hereinafter the "Subject Property") . A nomination for designation has been filed and considered by the Board (See Exhibit A) and a public hearing held pursuant to Chapter 174 of the City of Delray Beach Zoning Code. II. LOCATION The Subject Property is located at 610 N. Ocean .Boulevard Delray Beach. It is 2.5 acres more or less and is comprised of land on the oceanward and: landward sides of State Road A-i-A. The Subject Property extends from the Atlantic Ocean to Andrews Boulevard. The legal description of the Subject Property is described in Exhibit B. III. HISTORICAL AND ARCHITECTURAL SIGNIFICANCE The house is significant because of its architectural style, the man who first owned the Property and the man who designed the improvements. The house was originally constructed for and owned by Fontaine Fox, a world-famous cartoonist. Designed by John Volk, it represents one of a few remaining, "beach" cottages reflecting the Cape Cod bungalow style typical of houses built on North Ocean Boulevard from Delray/Gulfstream to Manalapan. The Owner: Fontaine Fox In 1933 , Fontaine Fox began purchasing the land for what would be known as 610 North Ocean Boulevard. By 1934, he owned all of lots 1, 2, 3, 4 and the north half of lot 5 of Palm Beach Shore Acres. The house itself is located on lot 3 and the north half of lot 4 . Fontaine Fox commissioned John Volk, a personal friend, to design a house on North Ocean Boulevard. Fox, a cartoonist of both national and international acclaim, was best known for,his cartoon "Toonerville Trolley". Launched in 1916, the cartoon was syndicated throughout' the world, appearing in several languages. 1 ". Born in 1884 in Louisville, Kentucky, Fox began his career as a cartoonist in grammar school, continuing throughout high school when he began working at the Louisville Herald as a reporter and cartoonist. After two years of study at the University of Indiana, where he studied and drew cartoons part-time, he returned to Kentucky to work at the Louisville Times until the Chicago Post gave him national recognition and distribution in 1915. Much of the small town subject- matter for his cartoons came from people he knew in then suburban/rural Louisville. He moved to Delray in 1931, after having visited there in the 1920 's. Fox, in coming to Delray, joined a number of well known artists and writers who -- by making Delray their home -- created an artists and writers colony. These people included the cartoonist Herb Roth (whose cartoons reflected life in Delray) , Wood Cowan, writers Hugh McNair Kahler, Clarence Buddington Kelland, Nina Wilcox Putnam (whose articles published in Good Housekeepinct magazine were illustrated by another Delray resident Anita Brown) and poet Edna St. Vincent Millay. Fox made his studio on the second floor of the Arcade Tap Room, the hub of winter activity in the town of Delray. He ultimately built two homes on North Ocean Boulevard. He was an accomplished golfer and the author of several books and articles, including a series which ran in many papers which was based on his narrow escape in 1939 from war-torn Europe. During the war he was a member of the Division of Pictorial Publicity. In 1951,. Fontaine Fox sold the house at 610 North Ocean Boulevard to Alfred and Anne C. Hart. (Alfred died in 1958, and Anne C. Hart ultimately became Anne Hart Mott of the Mott Applesauce family. ) Fox formally retired in 1954 and died at his home in Greenwich, Connecticut in 1964 . The Delray Beach Historical Society recently honored him at an exhibit shown at the "Cason Cottage" Museum. The Architect: John Volk In the late 1930 's, Fontaine Fox, having had a long-term friendship with John Volk, commissioned him to design the house at 610 North Ocean Boulevard. Volk was also the architect of Fox's home just north of 610, as well as several others located in the immediate Delray/Gulfstream area including Ocean Boulevard, Seabreeze, and Palm Trail. Born in 1901 in Austria, Volk came to the United States when he was nine years old. He was a student at Columbia University School of Architecture as well as the world renowned Ecole des Beaux Arts in Paris. Volk continued to design homes until his death in 1984. John Volk arrived in Palm Beach in 1925 while Addison Mizner was building Spanish and Mediterranean style mansions for wealthy 2 f • families. A prolific architect, he designed over 1,000 houses, theatres, and buildings all over the world. Some of the world's most powerful and wealthy people commissioned him to design their homes, including William Paley, George Vanderbilt, Henry Ford II, Herbert Pulitzer, Horace Dodge II, and John Phipps. Volk has often been called the last of the original Palm Beach architects which included Addison Mizner, Maurice Fatio, and Marion Sims Wyeth. In 1926, he formed a partnership with Gustav Maas which lasted almost ten years. Volk's homes, which number several hundred scattered along the coast, covered a broad range of designs from Spanish and Italian motifs to Normandy, Bermuda, Regent, Classical Oriental, bungalow, and what he called British Colonial. Known to have "broken the excesses" of the Mediterranean style after the Depression, Volk began designing British Colonial houses that could be built for forty-five cents a square foot versus two dollars per square. foot for the Spanish mansions. He related in an article in Architectural Digest in 1972, "when the market crashed and the Depression followed, there wasn't a client in sight who wanted to build the elaborate Spanish house. Everyone was broke. Those who weren't, didn't want to make a show of their money. " It was during this period that the houses along North Ocean Boulevard were designed. Volk designed some of the most prominent buildings in the area, including the First National Bank building in Palm Beach, the Royal Poinciana Plaza and Playhouse (which opened in 1950, becoming the first new professional theatre to be built in the United States since the Ethel Barrymore and. the Adelphi Theatres opened their doors in 1928) , the galleries and theatre for the Society of the Four Arts,, part of the Town Hall of Palm Beach, the. Beach Club, Phipps Oenza, and. Good Samaritan Hospital. In later years, he. designed Paradise Island and was involved in early development of planned golf course communities such as Port Royale in Naples and Old Port Cove in North Palm Beach. During the Mott family's ownership, the southerly portions of the land seaward of State Road A-1-A were conveyed to the City of Delray Beach in support of a beach stabilization and renourishment program. Recently the City Commission of the City of Delray Beach voted to convey ten feet along the southerly border of the Subject Property east of State Road A-i-A back to the current property owner as a part of the property owner's proposal to plat a buildable lot on the east side of State Road A-i-A. IV. PRESENT USE, CONDITION AND ZONING A. Present Use 3 The Subject Property is improved with a two bedroom principal residence, garage, swimming pool and three small guest cottages. The improvements were designed by renowned architect John Volk and was originally constructed in 1934 . The improvements to the Subject Property have been renovated in accordance with the architectural theme and character of the original design of the principal residence and the other improvements. _ B. Condition The structure is in very good condition. C. Zoning The current zoning of the Subject Property is R-1-AA. The Nomination submitted by the owner is subject to proposed conditional zoning regulations. V. IMPACT This designation is being made at the request of the owner of the Subject Property. VI. RESOLUTION The Historic Preservation Board of the City of Delray Beach hereby finds and determines as follows: A. The Nomination for designation of the Fox House as an historic site is appropriate and conforms with the standards and criteria of Chapter 174: Historic Preservation of the City of Delray Beach Code. B. The Subject Property is appropriate for designation as an historic site because: 1) The Subject Property is associated with the life or activities of a person of major importance to city, regional and national history in that the Subject Property served as a residence of famed cartoonist Fontaine Fox, a notable person in the history of the City of Delray Beach and the country. The Subject Property also served as a residence for the Mott family of applesauce fame; 2) The. Subject Property exemplifies the social and historical trends of the community in that the principal residence represents a lifestyle, quality of life and architectural character that once typified seasonal living in South Florida; 4 t / 3) The principal residence on the Subject Property has architectural and aesthetic significance in that: a) The building portrays the materials and design of an era of distinctive architectural style, to wit, natural wood reflective of traditional cypress construction. - b) The building reflects distinguishing characteristics of a style, period and method of construction, to wit,: the building is reflective of traditional South Florida cypress homes that are no longer extant. c) The building was designed by renowned Florida architect John Volk and represents one of the finest examples of this style and type of residential design by Mr. Volk. d) The building contains design, detail, material and craftsmanship of an outstanding quality which represented, in its time, a significant innovation in adaptive design for the South Florida environment. B. Such designation should be conditioned upon the adoption of the following zoning regulations: 1) notwithstanding the fact that the minimum lot size requirements of the R-1-AA District and the existing number of platted lots that make up the Subject Property would allow more than three (3) dwelling units, the total fi . number of dwelling units that can be developed on the Subject Property shall not exceed three (3) ; i 2) notwithstanding the minimum lot dimension requirements of the R-1-AA. District, a single family detached dwelling may be constructed on the Subject Property east of State Road A-i-A, provided that the dwelling is constructed within the area designated by building lines depicted on Exhibit C attached to the Nomination, to wit no portion of the dwelling .is constructed within five (5) feet of the north and south property lines; 3) notwithstanding any provision of the City of Delray Beach Code, the single family dwelling which may be constructed on the Subject Property east of State Road A-1-A through the Subject Property may not exceed twenty four hundred (2400) square feet; and 4) notwithstanding any provision of the City of Delray Beach Code, the right-of-way of State Road A-i-A shall be sixty (60) feet and no reservation of right of way in excess 5 • of the east half of sixty (60) feet shall be required as a condition of development east of State Road A-1-A. C. The Subject Property is unique in regard to a confluence of circumstances that render it potentially unbuildable under the current provisions of the R-1-AA District.,. D. The construction of a single family dwelling on the land east of State Road A-1-A: is consistent with the goals and purposes of the City of Delray Zoning Beach Code. E. There is no other lot in the same zoning district that suffers from the same confluence of circumstances and the conditions and circumstances are peculiar to the :::Subject Property. These unique circumstances include: a) the property being the southernmost of a long series of oceanfront lots which are improved with residences, b) the granting of, an easement for public beach use over a substantial portion of the lot in support of a public program of beach stabilization and renourishment, and c) the establishment of an erosion control line divesting the owner of technical title to a substantial amount of land area between the mean high tide line and the erosion control line to which the property owner retains riparian rights. F. Absent the conditional zoning regulations, the property owner will be deprived of the rights enjoyed by other properties in the same zoning district. G. The special conditions appurtenant to the Subject Property are the result of public. ,initiatives in regard to beach access, use and renourishment, initiatives that the owners of the subject property have supported and contributed to by granting of beach, access and use rights of way and acquiescing in the establishment of the erosion control line as a part of a renourishment program. 6 \ • / . S. . s • • •I1sr. 411 sit t 43, .„1 • . 'di '•' V• ; -1•••''...es--- r .4 - ; • •L iiik• -"'s., 444---_,,-;.k•,-!•A• .- / ...__ ,.1111,4,..,/•••• " , ., . .1-%•.. ,../ ..:, .• goji,..••'‘''.•'P'•-.4.."...°' ' • • • -ei t 11'. ..%1,. \ • - - •-- - --. Al /• •44 "'G.'- • ' , . *I' ' • J ,:--:•---:_""---7-"-••••••-•:"....=:".- •77 f.,.. . . .....1!... ......._ ----...._;:- ____... . . * tair • / i ' -• I ' it a . .• .)(•• \ . -9. • -. - ,yt,) - . , I'.- /'t i '''/ II , 1 ••• ii: t. il ' i . ilti,..,! 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Fox House, main residence, south side with guest cottage. r' - ''-'--. r J gV3 . 7ag5c ;� DESIGNATION REPORT • e -- Fox House (a.k.a. Ocean Apple Estates) 610 N. Ocean Boulevard .44 1.41 4 • i '� _` ,ge t•. 1`. - sittille k/�•A F i 1 r v } 1 I,k s• *114r- P - .•4,t(s"A,ttrttliWit ...f ) 4,i•-• -- -.,, --. - . lko m:.°, i,�r?f�. it,k .i a A 1 .+ m '. 1.7° • • ! iLi. 0.. e'. 1 i I .' 4:. . . •' ' i ..' • t .II . O i ie i la ,. . .. , . . , • . y U� •! - v - -- -*u. _-'' _ . • •_ Q - - __ r.._' •• • _ :..'- f. �. �"". . �. , /1/7 • DESIGNATION REPORT THE FOX HOUSE aka "OCEAN APPLE ESTATE" 610 N. Ocean Boulevard, DelraX Beach, I. PURPOSE The purpose of designating the Fox House, 610 N. Ocean Boulevard, to the Delray Beach Local Register of Historic Places is to preserve the architectural and cultural significance of one of the City's most distinctive private residential oceanfront estates, which is popularly known as the "Ocean Apple Estate" (hereinafter the "Subject Property") . A nomination for designation has been filed and considered by the Board (See Exhibit A) and a public hearing held pursuant to Chapter 174 of the City of Delray Beach Zoning Code. II. LOCATION The Subject Property is located at 610 N. Ocean . Boulevard Delray Beach. It is 2.5 acres more or less and is comprised of land on the oceanward and: landward sides of State Road A-i-A. The Subject Property extends from the Atlantic Ocean to Andrews Boulevard. The legal description of the Subject Property is described in Exhibit B. III. HISTORICAL AND ARCHITECTURAL SIGNIFICANCE The house is significant because of its architectural style, the man who first owned the Property and the man who designed the improvements. The house was originally constructed for and owned by Fontaine Fox, a world-famous cartoonist. Designed by John Volk, it represents one of a few remaining, "beach" cottages reflecting the Cape Cod bungalow style typical of houses built on North Ocean Boulevard from Delray/Gulfstream to Manalapan The Owner: Fontaine Fox In 1933, Fontaine Fox began purchasing the land for what would be known as 610 North Ocean Boulevard. By 1934, he owned all of lots 1, 2, 3, 4 and the north half of lot 5 of Palm Beach Shore Acres. The house itself is located on lot 3 and the north half of lot 4. Fontaine Fox commissioned John Volk, a personal friend, to design a house on North Ocean Boulevard. Fox, a cartoonist of both national and international acclaim, was best known for.,his cartoon "Toonerville Trolley". Launched in 1916, the cartoon was syndicated throughout' the world, appearing in several languages. 1 { I d P J f / Born in 1884 in Louisville, Kentucky, Fox began his career as a cartoonist in grammar school, continuing throughout high school when he began working at the Louisville Herald as a reporter and cartoonist. After two years of study at the University of Indiana, where he studied and drew cartoons part-time, he returned to Kentucky to work at the Louisville Times until the Chicago Post gave him national recognition and distribution in 1915. Much of the small town subject- matter for his cartoons came from people he knew in then suburban/rural Louisville. He moved to Delray in 1931, after having visited there in the 1920's. Fox, in coming to Delray, joined a number of well known artists and writers who -- by making Delray their home -- created an artists and writers colony. These people included the cartoonist Herb Roth (whose cartoons reflected life in Delray) , Wood Cowan, writers Hugh McNair Kahler, Clarence Buddington Kelland, Nina Wilcox Putnam (whose articles published in Good HousekeepincT'.magazine were illustrated by another Delray resident Anita Brown) and poet Edna St. Vincent Millay. Fox made his studio on the second floor of the Arcade Tap Room, the hub of winter activity in the town of Delray. He ultimately built two homes on North Ocean Boulevard. He was an accomplished golfer and the author of several books and articles, including a series which ran in many papers which was based on his narrow escape in 1939 from war-torn Europe. During the war he was a member of the Division of Pictorial Publicity. In 1951,- Fontaine Fox sold the house at 610 North Ocean Boulevard to Alfred and Anne C. Hart. (Alfred died in 1958, and Anne C. Hart ultimately became Anne Hart Mott of the Mott Applesauce family. ) Fox formally retired in 1954 and died at his home in Greenwich, Connecticut in 1964 . The Delray Beach Historical Society recently honored him at an exhibit shown at the "Cason Cottage" Museum. The .Architect: John Volk In the late 1930 's, Fontaine Fox, having had a long-term friendship with John Volk, commissioned him to design the house at 610 North Ocean Boulevard. Volk was also the architect of Fox's home just north of 610, as well as several others located in the immediate Delray/Gulfstream area including Ocean Boulevard, Seabreeze, and Palm Trail. Born in 1901 in Austria, Volk came to the United States when he was nine years old. He was a student at Columbia University School of Architecture as well as the world renowned Ecole des Beaux Arts in Paris. Volk continued to design homes until his death in 1984. John Volk arrived in Palm Beach in 1925 while Addison Mizner was building Spanish and Mediterranean style mansions for wealthy 2 ir families. A prolific architect, he designed over 1,000 houses, theatres, and buildings all over the world. Some of the world's most powerful and wealthy people commissioned him to design their `� homes, including William Paley, George Vanderbilt, Henry Ford II, `� Herbert Pulitzer, Horace Dodge II, and John Phipps. Volk has often been called the last of the original Palm Beach architects which included Addison Mizner, Maurice Fatio, and Marion Sims Wyeth. In 1926, he formed a partnership with Gustav Maas which lasted almost ten years. Volk's homes, which number several hundred scattered along the coast, covered abroad range of designs from Spanish and Italian motifs to Normandy, Bermuda, Regent, Classical Oriental, bungalow, and what he called British Colonial. Known to have "broken the excesses" of the Mediterranean style after the Depression, Volk began designing British. Colonial houses that could be built for forty-five cents a square foot versus two dollars per square. foot for the Spanish mansions. He related in an article in Architectural Digest in 1972, "when the market crashed and the Depression followed, there wasn't a client in sight who wanted to build the elaborate Spanish house. Everyone was broke. Those who weren't, didn't want to make a show of their money. " It was during this period that the houses along North Ocean Boulevard were designed. Volk designed some of the most prominent buildings in the area, including the First National Bank building in Palm Beach, the Royal Poinciana Plaza and Playhouse (which opened in 1950, becoming the first new professional theatre to be built in the United States since the Ethel Barrymore and. the Adelphi Theatres opened their doors in 1928) , the galleries and theatre for the Society of the Four Arts,, part of the Town Hall of Palm Beach, the Beach Club, Phipps Oenza, and: Good Samaritan Hospital. In later years, he. designed Paradise Island and was involved in early development of planned golf course communities such as Port Royale in Naples and Old Port Cove in North Palm Beach. _ During the Mott family's ownership, the southerly portions of the land seaward of State Road A-i-A were conveyed to the City of Delray Beach in support of a beach stabilization and renourishment program. Recently the City Commission of the City of Defray Beach voted to convey ten feet along the southerly border of the Subject Property east of State Road A-1-A back to the current property owner as a part of the property owner's proposal to plat a buildable lot on the east side of State Road A-i-A. IV. PRESENT USE, CONDITION AND ZONING A. Present Use 3 Jr I • i / The Subject Property is improved with a two bedroom principal residence, garage, swimming pool and three small guest cottages. The improvements were designed by renowned architect John Volk and was originally constructed in 1934 . The improvements to the Subject Property have been renovated in accordance with the architectural theme and character of the original design of the principal residence and the other improvements. B. Condition The structure is in very good condition. C. Zoning The current zoning of the Subject Property is R-1-AA. The Nomination submitted by the owner is subject to proposed conditional zoning regulations. V. IMPACT This designation is being made at the request of the owner of the Subject Property. VI. RESOLUTION The Historic Preservation Board of the City of Delray Beach hereby finds and determines as follows: A. The Nomination for designation of the Fox House as an historic site is appropriate and conforms with the standards and criteria of Chapter 174: Historic Preservation of the City of Delray Beach Code. B. The Subject Property is appropriate for designation as an historic site because: 1) The Subject Property is associated with the life or activities of a person of major importance to city, regional and national history in that the Subject Property served as a residence of famed cartoonist Fontaine Fox, a notable person in the history of the City of Delray Beach and the country. The Subject Property also served as a residence for the Mott family of applesauce fame; 2) The. Subject Property exemplifies the social and historical trends of the community in that the principal residence represents a lifestyle, quality of life and architectural character that once typified seasonal living in South Florida; 4 N. ii ` \ -\\ PI 3) The principal residence on the Subject Property has architectural and aesthetic significance in that: a) The building portrays the materials and design of ./ an era of distinctive architectural style, to wit, ( natural wood reflective of traditional cypress - construction. _ _ _ . b) The building reflects distinguishing characteristics of a style, period and method of construction, to wit,: the building is reflective of traditional South Florida cypress homes that are no longer extant. c) The building was designed by renowned Florida architect John Volk and represents one of the finest examples of this style and type of residential design by Mr. Volk. d) The building contains design, detail, material and craftsmanship of an outstanding quality which represented, in its time, a significant innovation in adaptive design for the South Florida environment. B. Such designation should be conditioned upon the adoption of the following zoning regulations: \ 1) notwithstanding the fact that the minimum lot size requirements of the R-1-AA District and the existing number of platted lots that make up the Subject Property would allow more than three (3) dwelling units, the total ii number of dwelling units that can be developed on the Subject Property shall not exceed three (3) ; i 2) notwithstanding the minimum lot dimension requirements of the R-1-AA District, a single family detached dwelling may be constructed on the Subject Property east of State Road A-i-A, provided that the dwelling is constructed within the area designated by building lines depicted on Exhibit C attached to the Nomination, to wit no portion of the dwelling .is constructed within five (5) feet of the north and south property lines; 3) notwithstanding any provision of the City of Delray Beach Code, the single family dwelling which may be constructed on the Subject Property east of State Road A-i-A through the Subject Property may not exceed twenty four hundred (2400) square feet; and 4) notwithstanding any provision of the City of Delray Beach Code, the right-of-way of State Road A-1-A shall be sixty (60) feet and no reservation of right of way in excess 5 t 1 of the east half of sixty (60) feet shall be required as a condition of development east of State Road A-1-A. C. The Subject Property is unique in regard to a confluence of circumstances that render it potentially unbuildable under the current provisions of the R-1-AA District.} D. The construction of a single family dwelling on the land east of. State Road A-1-A. is consistent with the goals and purposes of the City of Delray Zoning Beach Code. E. There is no other lot in the same zoning district that suffers from the same confluence of circumstances and the conditions and circumstances are 'Peculiar to the Subject Property. These unique circumstances include: a) the property being the southernmost of a long series of oceanfront lots which are improved with residences, b) the granting of an easement for public beach use over a substantial portion of the lot in support of a public program of beach stabilization and renourishment, and c) the establishment of an erosion control line divesting the owner of technical title to a substantial amount of land area between the mean high tide line and the erosion control line to which the property owner retains riparian rights. F. Absent the conditional zoning regulations, the property owner will be deprived of the rights enjoyed by other properties in the same zoning district. G. The special conditions appurtenant to the Subject Property are the result of public initiatives in regard to beach access, use and renourishment, initiatives that the owners of the subject property have supported and contributed to by granting of beach access and use rights of way and acquiescing in the establishment of the erosion control line as a part of a renourishment program. 6 , / .4,.,-4.Y, v a•; • ...i.,,.,1 .... 45 ,.i , v,r NA yy11, ;t ' . /. -sue. .r' . / .. •,�� e� 1. f 1 • 9 .tom e • ._ ,4.. ( 3. a . /. lr . ;fir �. I _� , 2,..4. e ''t.!e,.l. • p vii a 1, LEI' It -'. �� .r-- .'.-a—•• - �4 1•' . :,,,..,,,,A,, ,stiztox.V 1 4;4 3.41 .1,%-R t•• ' (1;'),Itid.:',1a $ f • ' ::. • Lit . _ •.: - .tia'�f W 1 sy4 �_ L� f ' lam- r'. R 3 -_ 1 • .1 - - >-.x.. - �F"'•'� 1. 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" , . .1 6 GPI ast• 'i jug 1 ., •,. 4 ,I.„. „,..lz.1 i,)-4c 4.:.i• i o':if 4k -'. t.•',...•.•'' 1 • .• ' • ' 0..0'. :. .4... .1.w . . • 1 i .• - '' '''''.••, r-',4/;, - • °. : J........, , ,+ ii..Y 1: E---; ir I - g,4,.;:::...-Ato • -- --7,7 .0 ' -h. \ 5.t•c•-is., ....m..%,..M11.111 ape-.4-1,-drit: 1. ...t.....,:-.--, .. ...., . ....„ „...:,.... ‘,...._ .. , ss . , ,,. .,---,s..... .....,„,,—_,..,....,,_,..---- 7. -.•,,..,.... -. , , s.).7.4...,.... _.. ,-,....,.., :„. . • •• , . -- . - ,.... -....., / plat;F.:.itcrir:=_•••••vr4. 4 I c -- - .••• lile•-4 ,.••• 1 I ... 7. Fox House, main residence, southeast corner detail • --Nrk. ----_—___":-:---- s .... , • . ,. :1 .,-1 _ .,:;••.:::,:,A, ".:.. • -• .•.t • " .. , ....•••4C•., — • •• •%:,'"/ ''...A•lifigag •Ikk. tr.'. -1:---4. '... ''''' '-• ,. •• • . # j eg,•'.s.N.et• ift:. ,,..- ' ....,-" .s..- ' 31.14. l• ,,,i,,,1• • 1•••6,,,r4b. . ... • . : ,,. f ,,,,,",- ..•••••• - - . ''-...•..•}• .. .. at..,,,,, ii. ..............---,,- t -..- ...... • \ •• ' . •ejek — . ..... ..,..,. / . It,'koC ; -.Tie‘,....• „....-----_:_ i - ,c, ,. A . 0 -----"" •1--.419.2.** ... • &Re% . • •-• . .1. ' _ • 2...14 S ".t". •' -- , ill 1111 4• % 4• ." ' . " . '• 4 .1 ..4.0- 4 ,.._ . .i a II vat .„, . „..! .... : , ,, 1 ' - --.....,1 ... •I'' . 1•*" 1 I I , t : i ,i 1 - - ---- -', 1I L,..: .rai IA •1, z 1, 1, rit.,,V . -, .- s 5..,„ :. x Li113'~-,— -- :'. .1"*.'t• 4!w•;* 41 4 1 il A ..1 r- t e. .._ ..44444414%,. --.... 1 , Ll L:2. i . .,:,....) ,:-...:- It... .-. • •••I '....• ' . 1 I I 8. Fox House, main residence, south side with guest cottage. d 1 Upon question by Mr. Randolph regarding liability of the City in the area of an injury, the City Attorney responded that liability from this type of playground is going to come from improper maintenance . The consensus of the Commission was to approve the recommendation of staff and stay with the wood equipment . At this point, the time being 7 : 30 P . M. , the Commission moved to the duly advertised Public Hearings portion of the Agenda. PUBLIC HEARINGS 10 .A. Ordinance No. 53-92 . Ordinance No . 53-92 , amending Ordinance No . 70-89 to provide that no dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A- 1-A shall contain more than 3 , 250 square feet of gross floor area, is before the Commission for consideration on Second and FINAL Reading. Historic Preservation Board recommends approval ( 5-2 vote) . Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 53-92 : AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2 , REQUIREMENTS OF DESIGNATION, PARAGRAPH 2 OF ORDINANCE NO. 70-89 , TO PRO- VIDE FOR A CHANGE IN THE GROSS FLOOR AREA FOR THE PROPERTY KNOWN AS THE FONTAINE FOX HOUSE LOCATED AT 610 N. OCEAN BOULEVARD; PROVIDING A GENERAL REPEALER CLAUS, A SAVING CLAUSE AND AN EFFECTIVE DATE . (Copy of Ordinance No . 53-92 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Michael Weiner, representing Salah Sawaya, owner, stated this was brought before the Historic Preservation Board with a request to increase the square footage for the three ( 3 ) lots from 2400 square feet to 3250 square feet. Steven Daniels , speaking on behalf of Mr. and Mrs . Eichelberger, property owners to the north, stated they are objecting to the proposed variance to increase the square footage of the home primarily due to the fact that this site is part of the Fontaine Fox Historic site . Ordinance No . 70-89 reads , as a -9- /o/Z7/}L 4 requirement of designation, that no dwelling unit, used or devel- oped, on that portion of the Fontaine Fox Historic site shall contain more than 2 , 400 square feet of gross floor area. It is their feeling that any construction should, therefore, be strict- ly for historic reasons and not for personal reasons such as increasing the size of the house or for increasing the market value. Mr. Weiner commented that Mr. Sawaya, the owner, made a decision to reside in the house, not as a tourist, but as a taxpayer. Therefore, his application was considered by the Historic Preservation Board who , in turn, agreed that it did not disturb the historical nature of the house and that it met the criteria. The public hearing was closed. Upon question as to how this construction was allowed, Mr. Kovacs stated the property involved extended from Andrews Avenue to the ocean. State Road A-1-A was created through it, so the original site was the totality of the property. At the time the Historic designation ordinance was created, there was a question as to whether or not there should be any development on the east side of A-i-A. One of the restrictions of this ordi- nance was to limit the total area of a dwelling unit east of State Road A-i-A to 2400 square feet. The request is not to alter the footprint of the house, but to enclose some of the area of the dwelling on the additional floor. The City Attorney questioned if there was a previous variance granted to allow the first house to be built in excess of 2400 square feet. Mr. Kovacs advised there was no variance; however, there were two (2) variances and a waiver granted in conjunction with granting the development approval . Discussion followed. Mr. Andrews moved for denial of Ordinance No. 53-92 on Second and FINAL Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows : Mr. Randolph - No; Mr. Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Andrews - Yes . Said motion passed with a 3 to 1 vote. 10 . B. Ordinance No. 52-92 . Ordinance No. 52-92 , amending the Code of Ordinances to provide that an annual medical report shall be submitted by a disability retiree if requested by the Police and Fire Board of Trustees, is before the Commission for consid- eration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 52-92 : AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING -10- J ORB, 6620 PSI 1 731 • ?RD=NA.tiI_ NO. 7 C-89 • AN O?.DI',:-ANCE OF '_T'HE CITY COMMISSION OF THE CITY OF DEL?_AY BEACH. FLORIDA, DESIGNATING TEE PROPERTY KNOWN AS THE FONTAINE FOX HOUSE LOCATED AT 610 N. 3CEAN POULEVARD, WHICH IS MORE FULLY DESCRIBED IN EXHIBIT 1 TO THIS 'ORDINANCE, AS A LOCAL HISTORIC SITD; PROVIDING FOR CERTAIN REQUIREMENTS OF DESIGNA- TION; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELPXf BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER SAID DESIGNATION; PROVIDING A NON- SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ASUNSET PROVISION. WHEREAS, Chapter 174 of the City of Code of the City of Delray Beach prnvides for the designation and protection of historic sites; WHEREAS, the owners of the Fontaine Fox House, a home designed by noted South F'--i^a architect John Volk for famed cartoonist and City of Delray Beach resident Fontaine Fox, have nominated the Fontaine Fox • House to be designated as an historic site if certain variances and waivers can be obtained from the City of Delray Beach. WHEREAS, the Historic .reservation Board of the City of Delray - p designation r on_ i 1 Beach prepared a ripe.^.latlo^. retort for theO_ Fontaine Fox House as an historic site and held a duly noticed public hearing in regard to the designation of the property as an historic site at which • no member of the public spoke in opposition to the designation of the property as an historic site; and, • WHEREAS, the Historic Preservation Board of the City tr= Delray Beach has recommended that on September 20, 1989 that the Fontaine Fox House be designated an historic site subject to certain variances and waivers proposed by the owner/applicant in the nomination/designation report; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the Fontaine Fox House as an historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE _-_ . OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Desionation. The Fontaine Fox House is located at 610 N. Ocean which is legally described on the survey which is attached and incorporated this Ordinance as Exhibit 1 and is hereby designated as the _. ntaine Fox Historic Site in accordance with and under the provisions of Chapter _74 of the City Code of the City of Delray Beach, subject to the terms .his Ordinance. Section 2. Rem irements of Designation. Notwithstanding any provisionn of the City Code of the City of • Delray Beach and any other provision of this Ordinance, the following requirements shall aptly to the use and development cf the Fontaine Fox Historic Site: • 1) no more than three (3) dwelling units shall be used and developed within the boundaries of the Fontaine Fox Historic Site; i • and, 2) no dwelling unit used or developed on that portion of the i Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred (2,400) square feet of gross floor area. { • - i 6.6 f 0 _ S. f a_3 i - i section 3. That the Planningof the Cityof Beach, shall, ,, Di:egtor Delray the Florida,o of Dela upon the effective date of this ordinance, amend zoning map Florida to show, the above designation: in an overlay manner, i Sect_. ;everabi 1ity • lI! It is the intention of the City Delray Beach that thisOrdinance Commission of theCity Ordinance and each eve_ of its be of con- sidered a part of a single whole and thatthe terms and thatif of Ordinance not be severable :his 0_cina:icedOLS� ^1;competful ent jurisdiction finds that any section of unenforceable in its entirety. ety unenforceable the Ordinance shall be ^d final Section 5- Effective Date. --_ __ - This Ordinance shall become e,P =--:ve upon adoption on second sec_-won_ Sunset Provision e and p- This Ordinance shall expire an be owner/applicant 60 � Or ect ixty { ) days fter _ affective no rLrther legal Forc following of Fontaine -is or_c te hate unless the variances a.-... necessary waivers:s Site has obtained the I. A va-'=-;on from the minimum lot 3-1-AAA zonin area requirements of the g district to allow the construction single family detached dwelling on thatportioni` on of a I FontaineHistoric of the Fontaine ; and Fox Site that lies east of State Road • a variation from the side yardsetback FnA on' requirements- of . the R-1- zoning district to.a llow the construction of a single family detached dwelling within (5) feet of the north property linefive . property line of t and five {�) feet of the south Historic Site which lies at ttof on of the Fontaine1A Fox east State Road A-1-A. 3. Waiver of the 80 foot right-of-way requirement for State • Road -A within the boundaries of the Fontaine Fox ' I' Historic Site i S' t_ and the establishment of a 60 foot right-of-way requirement for the purposes of • any ,I: municipal permit or development order. I` PASSED AND ADOPTED I in regular session li reading on this the 24-:day of Oc-obey on second and final II , 1989. 1 ?���. �, MAYOR O. !( �_ _f:_erk This instrument was prepared b} p: (! F s- Readino oc c. t _ rob__ 10, 1959 Jeffrey S. Kurtz, City Attorney Ii Second Readin, 100 N.W. 1st Avenue 1. g Ogtober 24, 1989 Delray Beach, FL 33444 II • ii • • • I ' - ORD. NO. 70-89 I EXHIBIT 1 • f;' , 1 LEGAL DESCRIPTION • The South Half.of Lot 4 lying West of State Road A-1-A, less the West 435.5 feet thereof:' - that part of the South 10 feet of Lot 3 and the North half of Lot 4 lying West of State Road A-1-A:' and Lot 3, less the South 10 feet thereof:' (�J Block E, Revised Plat of Blocks D and E, Palm Beach Shore Acres, Delray Beach, Palm J Beach County, Florida, according to the Plat thereof recorded in Plat Book 7 at page 38 of the Public Records of Palm Beach County, Florida. less the West 25 feet taereof for road right-of-way. AND . ��11 that part of the South 10 feat of Lot 3 lying East of the Right-of-way of State Road A- O,A., • 1-A. Said. land is subject to easements, reservations, restrictions, covenants and rights-of-way of . record. t * r D ` i J RECORD VERSM PALM BEACH COUNTY,RA. • JOHN B.DUN:LE Q . CLERK CRC 1ET COURT : , :' LANN I NG 8 '3N I NB BOARD C; I TY OF DELRAY BEACH - -— STAFF REPORT - - - MEETING DATE: NOVEMBER 20, 1989 AGENDA ITEM: Tv.G. ITEM: OCEAN APPLE ESTATES, FINAL PLAT - .ill • x•.• of - ! Ili , i. - THE LANPINGSrill I�r/J1iI AUGUSTINE. 2 4 ' •.•� .1 +6 K. 2. f G. J r t MSA 6< ��' t I ! k i � .• .K' -• KSA 64S-D r ANZa-AA1DU1I!arl1L R;l1 mN2 3m-I XI Po•.u•_.rA7.4d1.mil(a-r-i smNrIii r/t, —..i„t r. - .,K ',—. l. •..itaa.g.nli,l r.1. .i . NM �� ' 1 (0.1 1017 r;42) =if ,! 1 1 I I t7v Z3 .dim . .., .. r . . i t . M v-4 •7-"1 •i34 4 3, 57.. (, , 7 , z7 •. i.i.i.. ' � 765zY k _ u. m!•iJ ia4riii c - C a.1 3* 13' ►a as ,_ n�, _y •E�~ _: f� � ae , 1 , _' ;- a "1 GENERAL DATA : Owner - Mr. & Mrs. Roderick Wilson Agent Richard W. Sheremeta, P.E. Sheremeta Associates Location N Ocean Boulevard, between N.E. 8th Street and Beach Drive. The property extends from the Atlantic Ocean to Andrews Avenue. Property Size 2 93 Acres City Land Use Plan SF (Single Family) City Zoning R-1AAA (Single-Family Dwelling District) Adjacent Zoning North and south of the subject property is zoned R-1AAA. West is zoned R-1AA. East is the Atlantic Ocean. Existing Land Use A single family dwelling and 3 cottages Proposed Land Use Subdivide 2.93 acre parcel into 3 single family lots pursuant to R-lAAA zoning district regulations and variances approved by the Historic Preservation Board. Water Service Existing 8" water main located along the east side of Andrews Avenue and an existng 6" main located along the west side of Ocean Blvd. ITEM: Iv, G. Sewer Service Existing sanitary sewer between proposed lots 2 and 3, and 140 ft. north of the subject property alon Ocean Blvd. • THE ITEM BEFORE THE BOARD The item before the Board is that of certifying the final plat for the Ocean Apple Estates subdivision. This item requires final action by the City Commission after certification by the Board. BACKGROUND The land subject to this final plat request is designated as the Fontaine Fox Historic Site. The historic designation was established by the City Commission via Ordinance 70-89 on October 24, 1989 . This Ordinance contained three sunset provisions relating to variance/waiver requests the applicant had made as a part of the requested designation. 1. A variance from the minimum lot size requirements of the R-1.'-A_A District to allow the construction of a single family detached dwelling on a minimum lot size of 8, 000 square feet on that portion of the site lying east of Ocean Boulevard (State Road A-i-A) . 2. A variance from the side yard setback requirements of the R-1A.kA District to allow the construction of a single family detached dwelling within five ( 5 ) feet of the north and south property lines of that portion of the site lying east of Ocean Boulevard (State Road A-1-A) . 3 . A waiver of the eighty ( 80 ) foot right-of-way requirement for State Road A-1-A within the boundaries of the Fontaine Fox Historic Site and the establishment of a sixty ( 60) foot right-of-way requirement for the purposes of any municipal permit or development order. The historic site designation ordinance also contained two site design criteria in addition to those of the R-1AAA District. These are; that no more than three dwelling units shall be used and developed within the boundaries of the Site, and that no dwelling unit built east of A-1-A shall contain more than 2, 400 square feet of gross floor area. The Historic Preservation Board considered the applicants requested variances at a public hearing on October 25, 1989 and approved the variances for a minimum lot size of 8, 000 square feet (including 90 foot width and accommodation of lot depth as affected by the Erosion Control Line and Coastal Construction Control Line) and side yard setbacks, and made a recommendation to the City Commission that the right-of-way requirement for Ocean Boulevard be waived. This waiver was approved by the City Commission on November 14, 1989. A previous owner of the subject property conveyed 110 feet of ocean front property east of Ocean Boulevard and south of the proposed Lot 1 to the City for public beach purposes. The P&Z Staff Report ' Ocean Apple Estates, Final Plat Page 2 present owners requested that the City convey the northerly 10 feet of this property back to them so that the proposed Lot 1 would have the required minimum 100 foot frontage. This request was approved by the City Commission on February 28 , 1989. As of this time, the existing owners have no intention of proceeding with the assumption of this conveyance and have predicated the platting of Lot 1 on a minimum frontage of 90 feet as approved by the Historic Preservation Board. This is not inconsistent with the minimum lot size variances granted for Lot 1 by the Historic Preservation Board. " The subject property has been the object of two previous 'i applications for subdivision. In 1985 the present owners attempted to divide the portion of the property west of Ocean Boulevard into five lots. The existing house and cottages would have been located on a lot of 35, 546 square feet and the balance of the property divided into four lots of 15, 000 square feet each with access provided via an access easement. The final plat was approved by the City Commission on May 28 , 1985 and included a waiver of the sidewalk requirement for Andrews Avenue. The approved plat has never been recorded. The Engineering Department indicates that approved plats do not have an expiration date even though not recorded. This approved plat fails to - comply with the subdivision requirements as proper access is not provided and the land eastward of Ocean Boulevard was not included. If it were not for this subdivision application, the City would be pursuing the voiding of the 1985 plat approval. In early 1989 the existing owners made application for subdivision of the property into three parcels, the land lying east of Ocean Boulevard (Ocean Boulevard) , a 61, 808 square foot parcel directly west of Ocean Boulevard (for the existing structures) , and a 39, 075 square foot parcel lying adjacent to and east of Andrews Avenue. The applicants requested a temporary abeyance of this application via a letter dated March 31, 1989 . The final plat which is under consideration at this time is the result of reactivation of this application via a letter to the Planning Department dated October 31, 1989. PROJECT DESCRIPTION The Ocean Apple Estates subdivision is a replat of a portion of the revised plat of Blocks D and E, Palm Beach Shore Acres (PB 7, P 38) . The land affected by the subdivision lies between Andrews Avenue on the west and the Atlantic Ocean on the East. The subject property is already divided by the right-of-way of Ocean Boulevard. The plat proposes to formally divide the property into three parcels, a parcel adjacent to Andrews Avenue, a parcel adjacent and west of Ocean Boulevard, and a parcel adjacent and east of Ocean Boulevard. Access to the proposed lots is via the referenced public streets. P&Z Staff Report - ' Ocean Apple Estates, Final Plat Page 3 The replat of this property is being sought in order to establish the eastern lot as a formal buildable lot (rather than an ocean front portion of the land west of Ocean Boulevard) and to provide an additional building lot on the western portion of the property. PROJECT ANALYSIS Subdivisions are regulated by Chapter 172 Subdivision Code of the City of Delray Beach Code of Ordinances. Street Improvements All of the proposed lots have direct access to a dedicated public street. The right-of-way width requirement for Ocean Boulevard is 80 feet. Section 102 . 21(E) grants authority to the City Commission to reduce the minimum right-of-way (ROW) requirements, upon recommendation of the City Engineer. The City Commission approved a waiver of the right-of-way requirement at their November 14 , 1989 meeting over the objections of the City Engineer. City Commission documentation for this meeting may be consulted for additional information. The Citys ' draft comprehensive plan includes a statement opposing widening or other enhancements of Ocean Boulevard which would accommodate greater traffic flows, and requires the City in FY 89-90 to request a "constrained facility" designation and a reduction of right-of-way on the County Thoroughfare Plan (Policy A-5 . 3 , Traffic Element) . Pursuant to Section 172 . 17 (B) of the Code of Ordinances, the applicant has requested a waiver of the requirement for sidewalks to be constructed on both sides of the two streets abutting the subdivision. There is presently a concrete sidewalk on the west side of Andrews Avenue and a concrete walkway along the east side of Ocean Boulevard. Given the existence of sidewalks on both streets , the Engineering Department has no objections to the waiver of the sidewalk requirement for the portions of the subject property abutting both streets. The Planning and Zoning Board should also make a recommendation on this request. Water and Sewer Service Water service to the new lots will be provided via existing water lines on both Ocean Boulevard and Andrews Avenue. Sewer service is available to the two lots west of Ocean Boulevard via a sewer line on Andrews Avenue, and existing sewer service at the center of the property (extended from the south) . Sewer service to the lot east of Ocean Boulevard must be provided via an extension of the lines located at the center of the property west of Ocean Boulevard or via extension of an existing sewer line on Ocean Boulevard which terminates approximately 140 feet north of the subject property. An easement is provided on the plat for P&Z Staff Report Ocean Apple Estates, Final Plat Page 4 extension of sewer service along the north edge of Lot 2 from its present location on the west edge of Lot 2. The applicant proposes to serve the property with either a septic tank system or extension of the existing sewer system (via a 12 foot easement provided on north side of Lot 2) . The option of a septic system is not valid as Policy A-1. 3 of the Public Facilities Element of the Comprehensive Plan requires that all septic tanks in sewerable areas be removed, and Policy C-3 . 2 of the Coastal Management Element requires all infill development_ to connect to the City sewer system. Therefore, the only option for development east of Ocean Boulevard is to extend and connect to the existing sewer system to the north or to the existing sewer lines on the western end of Lot 2 via the easement provided on the plat. Drainage The drainage requirements for infill single family subdivisions are handled at the time of building permits via the submittal of drainage calculations. Single family lots are required to contain all runoff on site. Therefore drainage is not a concern in the Board' s consideration of this subdivision. Site Design (Zoning Requirements) The easterly property line of the proposed lot east of Ocean Boulevard is defined by the State delineated Erosion_ Control Line (ECL) and Coastal Construction Control Line (CCCL) . Title to land seaward of the ECL became vested in the State, and title of lands landward of the ECL remained vested in the upland owner. Prior ' to establishment of the ECL, the mean high water line defined the seaward lot limits. Structures proposed seaward of the CCCL must meet strict design and environmental standards and require a permit from the Florida Department of Natural Resources. Given this information, the rear lot line of Lot 1 is established as the Erosion Control Line, but the effective building area (net-net) is constrained by the Coastal Construction Control Line since any construction seaward (east) of the CCCL requires a lengthy State permitting approval process and the distance between the ECL and CCCL is greater than the required rear setback of 12 feet. The State is presentl:- considering relocating the Coastal Construction Control Line landward (west) . If approved, construction on Lot 1 will most certainly require permits from the State due to the further reduction of net-net buildable area. The minimum lot criteria and the dimensions of each of the lots (including Lots 1 as constrained by the Coastal Construction Control Line, 1" ) are illustrated on the next page. Lots 2 and 3 comply with these minimum lot criteria. • P&Z. Staff Report • Ocean Apple Estates, Final Plat Page 5 The Historic Preservation Board approved a variance which allows the lot east of Ocean Boulevard to be a minimum of 8 , 000 square feet, a minimum width of 90 feet, and accommodates the affect of the ECL and CCCL on the required depth of the lot. The City Commission has approved the conveyance of the north ten ( 10) feet of the adjacent property to the south of Lot 1 to the subject property but the owners intent is to not proceed with the assumption of this conveyance. • LOT AREA WIDTH/FRONTAGE DEPTH (sq. ft. ) (ft. ) (ft. ) Req'd 12,500 100 110 97. 72 north 1 8, 203 90 84 . 57 south 91. 15 average 74. 77 north la 6, 413 90 67. 74 south 71. 26 average 2 61, 808 200 196 3 39 , 075 150 260 The required setbacks for Lot 1 (including the variance approved by the Historic Preservation Board are 35 ' front, 5 ' side and 12 ' rear. Subtracting the required setbacks, the net building pad area on Lot 1 is 80 feet wide by 74. 77 feet deep on the north and 67. 74 feet deep on the south, approximately 5 ,700 square feet. Given the complexity of acquiring permits to build in the area between the CCCL and ECL (as discussed above) , the net-net building pad area of Lot 1 measures 80 feet in width by 50. 72 feet in depth at the north and 37. 57 feet in depth on the south, or approximately 3 , 531. 6 square feet. This is sufficient for construction of a single family home as the minimum floor area for a single family home in the R-1AAA District is 2 , 200 square feet. The proposed lot line between Lots 2 and 3 does not create anv nonconforming situations in regard to required setbacks. P&Z Staff Report Ocean Apple Estates, Final Plat Page 6 TECHNICAL REVIEW The applicant has addressed most of the initial staff comments in the revised plat submittal. However, the following outstanding comments need to be addressed. Fire Department A fire hydrant must be installed on the water main on Andrews Avenue. - City Engineer Provide signature lines for names under City approval spaces. Provide a zero in front of bearing references with single number degrees. Provide signature lines for all names and witnesses on the plat. Speci =ir=ply dedicate/grant the utility easements (access to install and maintain) for sewer facilities on the plat to the appropriate entity, on the north side of Lot 2 to Lot 1, on the west side of Lot 2 connecting to Lot 3 to Lot 3 , and on the west side of Lot 2 running north/south to the City. Planning and Zoning Department Add a note to the plat that all access to the beach from any structures constructed on any of the lots on this plat shall be via walkovers and shall not destroy any native plant species or dune species. ASSESSMENT The submission is adequate for a certification as a final plat. The deficiencies noted above can be readily accommodated upon resubmittal of the plat document prior to proceeding to City Commission consideration. ZLTERNATTVr ACTIONS 1. Certify the submission as acceptable as a final plat subject to conditions. 2. Continue with direction and concurrence of the applicant. .?&Z Staff Report Ocean Apple Estates, Final Plat Page 7 RECOMMENDATION By motion: Certify the plat as acceptable as a final plat subject to the following conditions: 1. Prior to recordation of the plat; A. Install the required fire hydrant or make arrangements for installation by the Delray Beach Public Utilities Department within a three month period from the time of plat certification by the Planning and Zoning Board, and B. Provide a financial guarantee, or a reasonable alternative method of guarantee of extension of sewer facilities, for the extension of sewer service to Lot 1. 2. Prior to City Commission action; A. Provide construction plans for sewer service to Lot 1, and B. Obtain a letter of approval from the Florida Department of Transportation for the extension of sewer service under Ocean Boulevard from Lot 2to Lot 1. Attachment: Reduced Plat Stan/OASUB • ti Or 00'S:" r .,r.. t I / • ' 2U, :may N _ f t. v. O 1 W I O .N/O. �� i.. . ! O • • I .. • t g. I .. 1 \ , S G1.00.71•r C. --,...1 . 12•U.E. 1 st o2 in I ' N lei `L T ' I iI T. . } a 1 N 1 , i I 1 1 I :r 1 1 �I I ; .. :�i i 1 J S CC'Se P.E 1 i 1' 200... OCEAN BOULEVARD STATE ROAD A-1-A ;N'^,a F.C.R. ,AM' - =E[. 9.3C6!-25:', ge.c' • I SO•SC: _ • • o Y /"--s r y gym" • r/ r ..� sa* ` • 2 -y S r .. en S ? : . t 1 A _ u a.- e� 1. '' ti :4. Z------\:: :="'""— , a Q ( �N • _c r 3 1 o p v �i 5 i .] ATi,LN Tic. 00EA J , t, Ot i POLICE AND FIRE BOARD OF TRUSTEES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 52-92 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 12 .C. Ordinance No. 14-92 . Ordinance No. 14-92 , amending the Code of Ordinances to modify the percentage of monies which can be invested in equalities by the Police and Fire Pension Board of Trustees , is before the Commission for consideration on First Reading. If passed, Public Hearing will be held on October 27th. The City Manager presented Ordinance No. 14-92 : AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33 , "POLICE AND FIRE DEPARTMENTS" , SECTION 33 . 66 , "FINANCES AND FUND MANAGEMENT" , BY AM3ENDING SUBSECTION (E) (2) (b) , TO PROVIDE THAT THE BOARD OF TRUSTEES MAY INVEST UP TO SIXTY PERCENT (60%) OF THE TRUST FUND' S ASSETS IN COMMON OR CAPITAL STOCK; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 14-92 on First Reading, seconded by Mr. Andrews . Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. 12 .D. Ordinance No. 53-92 . Ordinance No. 53-92 , amending Ordinance No. 70-89 to provide for a change in the gross floor area for the property known as Fontaine Fox House located at 610 N. Ocean Boulevard, is before the Commission for consideration on First Reading. Historic Preservation Board recommends approval (5-2 vote) . If passed, Public Hearing will be held on October 27th. The City Manager presented Ordinance No. 53-92 : AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2 , REQUIREMENTS OF DESIGNATION, PARAGRAPH 2 OF ORDINANCE NO. 70-89 , TO PROVIDE FOR A CHANGE IN THE GROSS FLOOR AREA FOR THE PROPERTY KNOWN AS THE FONTAINE FOX HOUSE LOCATED AT 610 N. OCEAN BOULEVARD; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. -16- 10/13/92 + k The City Manager advised that the Commission was furnished a copy of a letter tonight along with a request that it be read into the record. Upon question by Mayor Lynch, Assistant City Attorney Ruby advised that they do not need to read the letter if they do not wish to; however, they could make it a part of the record. It was the consensus of the Commission to make the letter part of the record. Mr. Randolph moved for the adoption of Ordinance No. 53-92 on First Reading, along with the letter from Sachs and Sax, P.A. , dated October 13 , 1992, to be made a part of the record, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes . Said motion passed with a 4 to 0 vote. Before roll call, Mr. Andrews requested that by the next meeting the Commission be given the square footage of the next adjacent house north of this property. At this point the roll was called to the motion. At this time the Commission returned to the Regular Agenda. 9 .A. Review of Appealable Land Development Actions of Various Boards. The Commission is to consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period September 21 , 1992 through October 9 , 1992 . Dr. Alperin moved to receive and file the report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9 .B. Conditional Use Request. The Commission is to consider a request for conditional use approval to establish a multi-purpose recreational and entertainment facility on S.E. 1st Avenue (former Delray Bowl building) . Planning and Zoning Board recommends approval subject to conditions (5 to 2 vote) . David Kovacs, Director of Planning and Zoning, outlined - the Planning and Zoning staff report and explained the conditions and proposed uses for the facility. The City Attorney advised there are three items which he would like to address . With regard to the enforcement of our Codes , we could impose against the applicant the conditions on their use; however, if they violated those conditions he did not think it would be possible for the City to automatically terminate the uses which were acceptable. With regard to the commercial dances, they have been identified by the Planning Director tonight and, similarly identified at the P&Z Board level. The third item has to do with the City sharing in the cost of certain improvements . One of the concerns would be whether or not -17- 10/13/92 MEMORANDUM • To: The Historic Preservation Board From: J Stanley Weedon, Jr., Assistant Planning Direct Re: Fontaine/Fox Variances Date: October 23, 1989 ITEM BEFORE THE BOARD: The item before the Board is the consideration of three variance requests for the Fontaine Fox Historic Site. The Board is granted variance authority for historic sites in Section 174.54 Variances. The request before the Board attempts to define future development parameters for the land east of State Road A-1-A by varying setbacks and minimum lot size, and waiving right-of-way requirements. BACKGROUND: The Fontaine Fox Historic Site was established by the City Commission via Ordinance 66-89 on October 24, 1989. The Historic Preservation Board held a public hearing on thedsi no tion ion request on September 20, 1989 and recommended approval designation. The subject property has been the subject of two previous applications for' subdivision. In 1985 the p West tof owners attempted to divide the portion of the property Boulevard (A-1-A) ' into five lots. The existing house and cottages would have been located on a lot of 35,546 square feet and the balance of the property divided into four lots of 15,000 square feet each with access provided via an access easement. The final plat was approved by the City Commission on May 28, 1985 and Andrews Boulevard. The approved plat has a waiver of the sidewalk neverr been requirement The Engineering Department indicates that approved plats do not have an expiration date even though not recorded. Should the status of this approved and unrecorded plat become a topic of discussion, a formal legal interpretation on the status onithe plat should be requested from the City ay have ey,ch as sd in the, subdivision requirements or City policy ensuing four years. • In early 1989 the existing owners made application for $.. subdivision of the property into three parcels, the land lying east of Ocean Boulevard (A-1-A), a 61,808 square foot parcel :z FEB-07-2002 14:25 SAE 561 368 8800 P.01/02 . '*, ELK, BANKIER & CHRISTULLP ATTORNEYS AT LAW A Limited Liability Partnership M.ADAM BANKIER,P.A. SANCTUARY CENTRE-SUITE 200E ERIC C.CHRISTU, P.A. 4800 NORTH FEDERAL HIGHWAY DEVON G.COUGHLAN BOCA RATON,FLORIDA 33431 SCOTT A.ELK,P.A. DAVID S. GOLDFARB REBECCA L.HENDERSON BOCA RATON(561)368-8800 ALAN L.QUJLES PALM BEACH(561) 820-0006 LORRAINE O'HANLON ROGERS FACSIMILE(561)394-3699 OF COUNSEL; FAX COVER SHEET LAWRENCE S.SCHWARTZ* *ADMITTED IN NEW JCRSIIY ONLY FAX NUMBER TRANSMITTED TO: 243-7221 TO: PAUL DORLING,MCP FROM: REBECCA L. HENDERSON, ESQ. DATE: February 7, 2002 PAGES: 2, INCLUDING FACSIMILE COVER SHEET. RE: EXHIBIT-MCKINNEY COMMENTS: THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED,AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENTRESPONSIBLE FOR DELIVERING THE MESSAGE TO TH E INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMM EDIATELY BY TELEPHONE,AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S.POSTAL SERVICE. FE8-07-2002 14:25 SAE 561 368 8800 P.02i02 1 . 'fit CERTIFICATE OF APPROPRIATENESS FOXTAINE FOX HOUSE EXHIBIT 1 PROPOSED CHANGES: The Applicant proposes to modify Ordinance 70-89 to provide that the legal description of the real property encumbered by the historic designation for the Fontaine Fox House, a Local Historic Site shall be: Begin at the Southeast corner of Lot 2 of Ocean Apple Estates as recorded in Plat Book 65,Page 100 of the Public Records of Palm Beach County,Florida;Thence S 89 07'09" W along the South line of said Lot 2, a distance of 196.35 feet; Thence N 01 18' 31" W along the West line of said lot 2, a distance of 50.00 feet; Thence S 89 08' 10" W along the South line of said Lot 2,•a distance of 9.89 Feet; Thence N 01 02'43"W, a distance of 55.70 feet; Thence N 88 57' 17" E, a distance of 18.00 feet; Thence N 01 02'43" W, a distance of 65.26 feet;Thence N 88 57' 17"E,a distance of 29.00 feet;Thence N 01 02' 43" W, a distance of 29.35 feet to the North line of said Lot 2; Thence N 89 05'16" E along said North line of Lot 2,a distance of 159.89 feet to the Northeast corner of said Lot 2; Thence S 00 55' 27" E along the East line of said Lot 2 a distance of 200 feet to the Point of Beginning, as well as the that part of the South 10 feet of Lot 3, Palm Beach Shore Acres, lying East of the right-of-way of State Road A-1-A . The Applicant also proposes constructing an eight(8)foot wall on the west and north property line of the above-described modified legal description,which wall is more fully described in the Overall Description of the Work Plan. Further,the Applicant proposes modifying Section 2.1).of Ordinance 70-89 to provide that no more than one (1) dwelling unit shall be within the boundaries of the Historic Site on that lies on the west side of State Road A-1-A, OVERALL DESCRIPTION OF THE WORK PLAN: The Applicant proposes modifying the legal description of the real property encumbered by the historic designation to reflect the natural property boundaries of the Fontaine Fox House, which shall be the described as: Begin at the Southeast corner of Lot 2 of Ocean Apple Estates as recorded in Nat Book 65,Page 100 of the Public Records of Palm Beach County.Florida;Thence S 89 07'09" W along the South line of said Lot 2, a distance of 196.35 feet; Thence N 01 18'31" W along the West line of said lot 2, a distance of 50.00 feet; Thence S 89 08' 10" W along the South line of said Lot 2, a distance of 9.89 Feet; Thence N 01 02'43" W, a distance of 55.70 feet; Thence N 88 57' 17" E,a distance of 18.00 feet; Thence N 01 02'43" W, a distance of 65.26 feet;Thence N 88 57' 17"E,a distance of 29.00 feet;Thence N 01 02' 43" W, a distance of 29.35 feet to the North line of said Lot 2; Thence N 89 05'16" E along said North line of Lot 2,a distance of 159.89 feet to the Northeast corner of said Lot 2; Thence S 00 55' 27" E along the East line of said Lot 2 a distance of 200 feet to the Point of Beginning, as well as the that part of the South 10 feet of Lot 3, Palm Beach Shore Acres, lying East of the right-of-way of State Road A-1-A . The Applicant also proposes constructing an eight(8)foot wall on the west and north property line of the above-described modified legal description. Said wall shall extend the existing retaining wall to the north property line, following the proposed property lines. TOTAL P.02 ORB 6620 P9 1731 .`RDINAN E NO. 70-69 AN OP.DI*DANCE OF THE CITY COMMISSION OF THE CITY OF DELPAY BEACH. FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE FONTAINE FOX HOUSE LOCATED AT 610 N. OCEAN BOULEVARD, WHICH IS MORE FULLY DESCRIBED IN EXHIBIT 1 TO THIS "ORDINANCE, AS A LOCAL HISTORIC F.ITt; PROVIDING FOR CERTAIN REQUIREMENTS OF DESIGNA- TION; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER SAID DESIGNATION; PROVIDING A NON- SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR A SUNSET PROVISION. WHEREAS, Chapter 174 of the City of Code of the City of Delray Beach provides for the designation and protection of historic sites; WHEREAS, the owners of the Fontaine Fox House, a home designed by noted South Florida architect John Volk for famed cartoonist and City of Delray Beach resident Fontaine Fox, have nominated the Fontaine Fox House to be designated as an historic site if certain variances and waivers can be obtained from the City of Delray Beach. WHEREAS, the Historic Preservation Board of the City of Delray , Beach prepared a designation report for the designation of Fontaine Fox ! House as an historic site and held a duly noticed public hearing in regard to the designation of the property as an historic site at which no member of the public spoke in opposition to the designation of the property as an historic site; and, WHEREAS, the Historic-Preservatior. Board of the City of Delray Beach has recommended that on September 20, 1989 that the Fontaine Fox House be designated an historic site subject to certain variances and waivers proposed by the owner/applicant in the nomination/designation report; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the Fontaine Fox House as an historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Designation. The Fontaine Fox House is located at 610 N. Ocean which is legally described on the survey which is attached and incorporated into this Ordinance as Exhibit 1 and is hereby designated as the Fontaine Fox Historic Site in accordance with and under the provisions of Chapter 174 of the City Code of the City of Delray Beach, subject to the terms of this Ordinance. Section 2. Rern:irements of Designation. Notwithstanding any provision of the City Code of the City of Delray Beach and any other provision of this Ordinance, the following • requirements shall apply to the use and development of the Fontaine Fox Historic Site: 1) no more than three (3) dwelling units shall be used and developed within the boundaries of the Fontaine Fox Historic Site; and, • 2) no dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred (2,400) square feet of gross floor area. ?• I �-, ORB ??i 1I • section 3. T hat the Planning Director of the City of Delray Beach, Florida, shall, upon the effective date of this ordinance, amend the zoning mnpofDelray Beach, Florida, to show, in an overlay manner, the above designation. Section 4. Severability. It is the intention of the City Commission of the City of Delray Beach that this Ordinance and each every of its terms be con- sidered a part of a single whole and that the Ordinance not be severable and that if a court of competent jurisdiction finds that any section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable in its entirety. Section 5. Effective Date. This Ordinance shall become effective upon adoption on second and final reading. Section 6. Sunset Provision. This Ordinance shall expire and; be of no further legal force and effect sixty (60) days after its effective date unless the owner/applicant of the Fontaine Fox Historic Site has obtained the following variances and necessary waivers: 1. A variation from the minimum lot area requirements of the P-1-AAA zoning district to allow the construction of a single family detached dwelling on that portion of the Fontaine Fox Historic Site that lies east of State Road Al ;- -A and 2. a variation from the side yard setback requirements of . the R-1-AAA zoning district to allow the construction of a single family detached dwelling within five (5) feet of the north property line and five (5) feet of the south property line of that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A. 3. Waiver of the 80 foot right-of-way requirement for State Road A-1-A within the boundaries of the Fontaine Fox Historic Site and the establishment of a 60 .foot right-of-way requirement for the purposes of any municipal permit or development order. ( PASSED AND ADOPTED in regular session on second and final reading on this the 24thday of October 1989. 'rEST: MAYOR ?� This instrument was prepared by: I( City lerl,r Jeffrey First Reading October 10, 1989 Y S. Kurtz, City Attorney Second Reading October 24, 1989 100 N.W. 1st Avenue Delray Beach, FL 33444 • • 2 ORD. NO. 70-89 r- ORB 4620 Pe 1733 EXHIBIT 1 • 4 .• LEGAL DESCRIPTION 'Ihc South Half of Lot 4 lying West of State Road A-1-A, less the West 435.5 feet • thereof:' 1. V that part of the South l0 feet of Lot 3 and the North half of Lot 4 lying West of State Lik Road A-1-A:' and -,_Lot 3, less the South 10 feet thereof:' M Block E, Revised Plat of Blocks D and E, Palm Beach Shore Acres, Delray Beach, Palm " Beach County, Florida, according to the Plat thereof recorded in Plat Book 7 at page 38 j of the Public Records of Palm Beach County, Florida. . ' less the West 25 feet thereof for road right-of-way. ‘i. • AND • that part of the South 10 feet of Lot 3 lying East of the Right-of-way of State Road A- 1-A. ' Said land is subject to easements, reservations, restrictions, covenants and rights-of-way of \ record. J • • • Q { Q .A1 . NI 1... „, • • RECORD VERl;i PALM BEACH CCUN 1Y,F A • JOHN B.DUNKLE CLERK CiRCUIT COURT r • ORB, 6620 P9 4 731 • DRD_NA.NCE NO. 7.-89 =.N O?.DI*LANCE OF THE CITY :OMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY KNOWN AS 'THE FONTAINE FOX HOUSE LOCATED AT 610 N. OCEAN BOULEVARD, WHICH IS MORE FULLY DESCRIBED IN EXHIBIT 1 TO THIS ORDINANCE, AS A LOCAL HISTORIC F.ITt; PROVIDING FOR CERTAIN REQUIREMENTS OF DESIGNA- TION; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER SAID DESIGNATION; PROVIDING A NON- SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR A SUNSET PROVISION. WHEREAS, Chapter 174 of the City of Code of the City of Delray Beach provides for the designation and protection of historic sites; WHEREAS, the owners of the Fontaine Fox House, a home designed by noted South Florida architect John Volk for famed cartoonist and City of Delray Beach resident Fontaine Fox, have nominated the Fontaine Fox House to be designated as an historic site if certain variances and waivers can be obtained from the City of Delray Beach. WHEREAS, the Historic Preservation Board of the City of Delray Beach prepared a designation report for the designation of Fontaine Fox House as an historic site and held a duly noticed public hearing in regard to the designation of the property as an historic site at which no member. of the public spoke in opposition to the designation of the property as an historic site; and, WHEREAS, the Historic Preservation Board of the City of Delray Beach has recommended that on September 20, 1989 that the Fontaine Fox House be designated an historic site subject to certain variances and waivers proposed by the owner/applicant in the nomination/designation 'I report; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the Fontaine Fox House as an historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Designation. The Fontaine Fox House is located at 610 N. Ocean which is legally described on the survey which is attached and incorporated into this Ordinance as Exhibit 1 and is hereby designated as the Fontaine Fox Historic Site in accordance with and under the provisions of Chapter 174 of the City Code of the City of Delray Beach, subject to the terms of this Ordinance. Section 2. Requirements of Designation. Notwithstanding any provision of the City Code of the City of Delray Beach and any other provision of this Ordinance, the following requirements shall apply to the use and development of the Fontaine Fox Historic Site: 1) no more than three (3) dwelling units shall be used and developed within the boundaries of the Fontaine Fox Historic Site; and, 2) no :swelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred (2,400) square feet of gross floor area. ORS 6620 Pg. i 732 Section 3. That the Planning Director of the City of Delray Beach, Florida, shall, upon the effective date of this ordinance, amend the zoning map of Delray Beach, Florida, to show, in an overlay manner, the above designation. Section 4. Severability. It is the intention of the City Delray Beach that this Ordinance and each every of its n of the bety of con- ' sidered a part of a single whole and that the Ordinance be severable and that if a court of competent jurisdiction finds that any section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable in its entirety. Section 5. Effective Date. This Ordinance shall become effective upon adoption on second and final reading. Section 6. Sunset Provision. This Ordinance shall expire anch be of no further legal force and effect sixty (60) days after its effective date unless the owner/applicant of the Fontaine Fox Historic Site has obtained the following variances and necessary waivers: 1. A variation from the minimum lot area requirements of the R-1-AAA zoning district to allow the construction of a single family detached dwelling on that portion of the Fontaine Fox Historic Site that lies east of State Road Al. ;- A and 2. a variation from the side yard setback requirements of the R-1-AAA zoning district to allow the construction of a single family detached dwelling within five (5) feet of the north property line and five (5) feet of the south property line of that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A. 3. Waiver of the 80 foot right-of-way requirement Road A-1-A within the boundaries o he Fontaine for State tFox Historic Site and the establishment of a 60 .foot right-of-way requirement for municipal permit or developmentthe purposes of any order. PASSED AND ADOPTED in regular session on second and final reading on this the 24thday of October 1989. } ATTEST: MAYOR City le-4ZZ � ~ This instrument was prepared by: First Reading October 10, 1989 Jeffrey S. Kurtz, City Attorney Second Reading October 24, 1989 100 N.W. 1st Avenue Delray Beach, FL 33444 } ORD. NO. 70-89 ... .ja .. .. a ,.. _ _ . . A . . ORB 6 6:. n ? i 7 EXHIBIT 1 • i, .:i 4LEGAL DESCRIPTION The South Half.of Lot 4 lying West of State Road A-1-A, less the West 435.5 feet thereof:' • D�V that part of the South l0 feet of Lot 3 and the North half of Lot 4 lying West of State Road A-1-A:' and Lot 3, less the South 10 feet thereof:' M Block E, Revised Plat of Blocks D and E, Palm Beach Shore Acres, Delray Beach, Palm -) Beach County, Florida, according to the Plat thereof recorded in Plat Book 7 at page 38 of the Public Records of Palm Beach County, Florida. . ' less the West 25 feet thereof for road right-of-way. • „i 1: AND that part of the South 10 feet of Lot 3 lying East of the Right-of-way of State Road A- 1-A. ' Said land is subject to easements, reservations, restrictions, covenants and rights-of-way of \ record. ci Nkl IL J \\ F#2OORD VERIFIED PALM BEACH COUNTY,F A. • JOHN B.DUNKLE CLERK CIRCUIT COURT ` F^.rT�.2! 1 # OP: ?am 9 f�3— e FCITY OF DELRAY BEACH 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000 CERTIFICATION I , SUSAN O'BRIEN, Assistant City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached is a true and correct copy of Ordinance #70-89 which was passed by the City Commission on October 24, 1989 . IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this 19th day of October, 1990 . Th1 e-'- `--- ) 0 f 4,./jE--.4k Susan O' Brien Assistant City Clerk City of Delray Beach SEAL THE EFFORT ALWAYS MATTERS )RDINANC E NO. 70-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH , FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE FONTAINE FOX HOUSE LOCATED AT 610 N. OCEAN BOULEVARD, WHICH IS MORE FULLY DESCRIBED IN EXHIBIT 1 TO THIS • •ORDINANCE, AS A LOCAL HISTORIC SITE; PROVIDING FOR CERTAIN REQUIREMENTS OF DESIGNA- TION; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER SAID DESIGNATION; PROVIDING A NON- SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR A SUNSET PROVISION. WHEREAS, Chapter 174 of the City of Code of the City of Delray 1 Beach provides for the designation and protection of historic sites; WHEREAS, the owners of the Fontaine Fox House, a home designed by noted South Florida architect John Volk for famed cartoonist and City i f of Delray Beach resident Fontaine Fox, have nominated the Fontaine Fox ! House to be designated as an historic site if certain variances and waivers can be obtained from the City of Delray Beach. WHEREAS, the Historic Preservation Board of the City of Delray • 'Beach prepared a designation report for the designation of Fontaine Fox House as an historic site and held a duly noticed public hearing in regard to the designation of the property as an historic site at which no member. of the public spoke in opposition to the designation of the property as an historic site; and, WHEREAS, the Historic Preservation Board of the City of Delray Beach has recommended that on September 20, 1989 that the Fontaine Fox House be designated an historic site subject to certain variances and 1 waivers proposed by the owner/applicant in the nomination/designation report; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the Fontaine Fox House as an historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1 . Designation. The Fontaine Fox House is located at 610 N. Ocean which is legally described on the survey which is attached and incorporated into this Ordinance as Exhibit 1 and is hereby designated as the Fontaine Fox Historic Site in accordance with and under the provisions of Chapter 174 of the City Code of the City of Delray Beach, subject to the terms of this Ordinance. Section 2 . Requirements of Designation. Notwithstanding any provision of the City Code of the City of Dielray Beach and any other provision of this Ordinance, the following requirements shall apply to the use and development of the Fontaine Fox Historic Site: 1) no more than three ( 3) dwelling units shall be used and developed within the boundaries of the Fontaine Fox Historic Site; and, 2) no dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred ( 2,400) square feet of gross floor area. i � Section 3 . That the Planning Director of the City of Delray Beach, Florida, shall, upon the effective date of this ordinance, amend the zoning map of Delray Beach, Florida, to show, in an overlay manner, the above designation. Section 4 . Severability. It is the intention of the City Commission of the City of Delray Beach that this Ordinance and each every of its terms be con- sidered a part of a single whole and that the Ordinance not be severable and that if a court of competent jurisdiction finds that any section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable in its entirety. Section 5. Effective Date. This Ordinance shall become effective upon adoption on second and final reading. Section 6 . Sunset Provision. This Ordinance shall expire and be of no further legal force and effect sixty ( 60) days after its effective date unless the owner/applicant of the Fontaine Fox Historic Site has obtained the following variances and necessary waivers: 1 . A variation from the minimum lot area requirements of the P-1-AAA zoning district to allow the construction of a single family detached dwelling on that portion of the • Fontaine Fox Historic Site that lies east of State Road A-i-A; and 2 . a variation from the side yard setback requirements of the R-1-AAA zoning district to allow the construction of a single family detached dwelling within five ( 5) feet of the north property line and five ( 5) feet of the south property line of that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A. 3 . Waiver of the 80 foot right-of-way requirement for State • Road A-1-A within the boundaries of the Fontaine Fox Historic Site and the establishment of a 60 foot right-of-way requirement for the purposes of any municipal permit or development order. PASSED AND ADOPTED in regular session on second and final reading on this the 24thday of October • 21989 . ATTEST: , MAYOR `- This instrument was prepared by: City 3 lerk Jeffrey S. Kurtz, City Attorney First Reading October 10, 1989 100 N.W. 1st Avenue Second Reading October 24, 1989 Delray Beach, FL 33444 f � Y ORD. NO. 2 70-89 r ' . ‘it , .00., „. : 1 a 40.. :6S 400 SI— • .ieitn •:,:.. EXHIBIT 1 • LEGAL DESCRIPTION <; The South Half'of Lot 4 lying West of State Road A-1-A, less the West 435.5 feet fi thereof:' that part of the South 10'feet of Lot 3 and the North half of Lot 4 lying West at' State Road A-1-A:' and . Lot 3, less the South 10 feet thereof:' , Block E, Revised';Plat of Blocks D and E, Palm Beach Shore Acres, Delray Beach, Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 7 at page 38 of the Public Records of Palm Beach County, Florida, . less the West 25 feet thereof for road right-of-way. i . AND '` that part of the South 10 feet of Lot 3 lying East of the Right-of-way of State Road A- 1-A. Said land is subject to easements, reservations, restrictions, covenants and rights-of-way of s. record. t;; J. . i • i • i • f I tI r )J y.. / MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM 4 /9. - MEETING OF OCTOBER 13 , 1992 ORDINANCE NO. 53-92 DATE: October 9, 1992 This is the first reading of an ordinance amending Ordinance No. 70-89 to provide for a change in the gross floor area for the property know as the Fontaine Fox House located at 610 N. Ocean Boulevard. Ordinance No. 70-89 designated the Fontaine Fox House as an Historic Site and placed it on the Register of Historic Places . The site consists of three lots, the western lot is vacant and faces Andrews' Avenue; the center lot contains a historic single family dwelling and three guest cottages and is located on the west side of AlA; and an eastern lot, also located on AlA. In June 1990, the Historic Preservation Board (HPB) approved plans for a 2400 square foot dwelling to be constructed on the beach lot. Subsequently, the property was sold and the new owner requested an amendment to Ordinance No. 70-89 to allow an 850 square foot addition to the gross floor area and using the footprint of the originally approved site plan. The HPB conducted a preliminary evaluation to determine the effect the proposed amendment would have on the Historic Designation Report and found that the amendment conformed, with the exception of floor area, density and height. The HPB also concluded that the amendment would not negatively effect the historic house to the west of AlA, or the historic site as a whole. A public hearing was conducted on September 16, 1992 at which several members of the public spoke in opposition to the amendment. The Historic Preservation Board recommended approval of the amendment by a 5-2 vote (Pat Healy-Golembe and James Miller dissenting) . Recommend approval of Ordinance No. 53-92 on first reading. Pce . ! MEMORANDUM T"): MAYOR AND CITY COMMISSIONERS FRON: CITY MANAGER feitJ SUBJECT: AGENDA ITEM # /6 — MEETING OF OCTOBER 27 , 1992 ORDINANCE NO. 53-92 DATE : OCTOBER 23 , 1992 This is the second reading of an ordinance amending Ordinance No . 70-89 to provide that no dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than 3 , 250 square feet of gross floor area. Ordinance No. 70-89 designated the Fontaine Fox House as an Historic Site and placed it on the Register of Historic Places . The site consists of three lots . The western lot is vacant and faces Andrews Avenue . The center lot contains a historic single family dwelling and three guest cottages and is located on the west side of AlA. An eastern lot, also located east of AlA, is vacant . In June 1990 , the Historic Preservation Board (HPB) approved plans for a 2 , 400 square foot dwelling to be constructed on the beach lot . Subsequently, the property was sold and the new owner requested an amendment to Ordinance No . 70-89 to allow an 850 square foot addition to the gross floor area, using the footprint of the originally approved site plan. On October 13 , 1992 , at first reading of the ordinance, Commissioner Andrews requested information pertaining to property north of the Fox House site. Attached is a memorandum in response to that request . The HPB conducted a preliminary evaluation to determine the effect the proposed amendment would have on the Historic Designation Report and found that the amendment conformed, with the exception of floor area, density and height. The HPB also concluded that the amendment would not negatively effect the historic house to the west of AlA, or the historic site as a whole . A public hearing was conducted on September 16 , 1992 at which several members of the public spoke in opposition to the amendment . The Historic Preservation Board recommended approval of the amendment by a 5-2 vote (Pat Healy-Golembe and James Miller dissenting) . Recommend approval of Ordinance No. 53-92 on second and final reading. 4111r MEMORANDUM DATE : OCTOBER 21, 1992 TO: ALISON MACGREGOR HARTY, CITY CLERK FROM: PAT CAYCE SUBJECT: INFORMATION REQUESTED BY COMMISSIONER ANDREWS RE : ORDINANCE 53-92 FOR CITY COMMISSION MEETING, OCTOBER 27 , 1992 . The property located 2 lots north of the beach lot on the Fontaine Fox Historic Site is owned by Jack Eichelberger. The address of the property is 701 N. Ocean Blvd. The building was permitted in 1990 but is still under construction. It is a single family residence and contains a total of 7 , 404 . 5 square feet. Phone if you need any additional information, 7284 . ORDINANCE NO. 53-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2, REQUIREMENTS OF DESIGNATION, PARAGRAPH 2 OF ORDINANCE NO. 70-89, TO PROVIDE FOR A CHANGE IN THE GROSS FLOOR AREA FOR THE PROPERTY KNOWN AS THE FONTAINE FOX HOUSE LOCATED AT 610 N. OCEAN BOULEVARD; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach unanimously approved Ordinance No. 70-89 on October 24, 1989; and, WHEREAS, in June, 1992, a request was received to amend Ordinance No. 70-89 to allow an 850 square foot addition to the gross floor area of the Fontaine Fox House, resulting in a dwelling with a total of 3,250 gross square feet; and, WHEREAS, on September 16, 1992, the Historic Preservation Board conducted a public hearing on the proposal to change the gross floor area from two thousand four hundred (2,400) square feet to three thousand two hundred and fifty (3,250) square feet; and, WHEREAS, the Historic Preservation Board voted to recommend to the City Commission that Ordinance No. 70-89 be amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2, Requirements of Designation: Paragraph 2 of Ordinance No. 70-89 of the City of Delray Beach, FloridE4 passed and adopted on October 24, 1989, be, and the same is hereby amended to read as follows: 2) no dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than t04/tA611 4.ti4//4,i4/f4At/AtAdt44//,(Zl400Y three thousand two hundred and fifty (3,250) square feet of gross floor area. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 1992. MAYOR ATTEST: City Clerk First Reading Second Reading - CITY COMMISSION DOCUMENTATION TO: AVID T. HARDEN, CITY MANAGER (/ (31) -- --) `VC/ THRU: DA ID J. KOVACS, DIRE�,�ECTOR� DEPARTMENT OF PLANNING AND ZONING FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER SUBJECT: MEETING OF OCTOBER 13, 1992 AMENDMENT TO ORDINANCE NO. 70-89 ACTION REQUESTED OF THE COMMISSION: •The action requested of the City Commission is to amend Section 2, Paragraph 2 of Ordinance No. 70-89 . BACKGROUND: • Ordinance 70-89, which is attached, designated the Fontaine Fox Historic Site to the Local Register of Historic Places. The site consists of 3 lots : the western lot faces Andrews Avenue and is vacant; the center lot, located on the west side of AIA, contains an historic single family dwelling and 3 guest cottages; the eastern lot is located on the east side of AIA. The street address for the Fontaine Fox Historic Site is 610 N. Ocean Boulevard. Section 2, paragraph (2) of the Ordinance states that "no dwelling unit used or developed east of State Road A-I-A ( the eastern lot) shall contain more than 2400 square feet of gross floor area" . June 18, 1990 : The Historic Preservation Board approved plans for a 2400 square foot dwelling to be constructed on the beach lot by the owners, Joyce and Roderick Wilson. Before construction commenced, the lot and approved plans were sold to Mr. Salah Sawaya. December 18, 1991: Mr. Sawaya obtained a COA to redesign the exterior of the proposed residence while retaining the previously approved footprint and the maximum 2400 square feet of gross total floor area. June of 1992, : David Martin, authorized agent for Salah Sawaya, requested an amendment to Ordinance NO. 70-89 to allow an 850 square foot addition to the gross floor area, resulting in a dwelling with a total of 3,250 gross square feet. The building' s footprint on the originally approved site plan will remain City Commission Documentation Request to amend Ordinance No. 70-89 . Page 2 unchanged. August 5, 1992 : The HPB conducted a preliminary evaluation to determine the effect the amendment would have, on the Designation Report, on which Ordinance 70-89 is based. The preliminary evaluation revealed that the amendment conformed to the Designation Report, with one exception, pursuant to Section 4 .5 . 1(C) (3) (b) of the LDRs which pertains to floor area, density and height. The HPB was also of the opinion that the amendment would not negatively effect the historic house to the west of A-I-A, or the historic site as a whole. The applicant was advised to proceed with a Public Hearing. Pursuant to Section 2 .4 .2(B) ( 1) (b) a notice was sent to property owners within a 500 ' radius and was published in the Delray News on September 5, 1992 . September 16, 1992 : The HPB conducted a Public Hearing to gain input regarding the proposed amendment. There were no comments in favor of the amendment. Mr. John Washburn, contractor for Mr. Jack Eichelberger, spoke against the amendment. Mr & Mrs Eichelberger are constructing a residence on the second lot to the north of the subject property. A letter of opposition from Mr. Eichelberger was read into the record, and is attached. The Historic Preservation Board voted to recommend to the City Commission that Ordinance No. 70-89 be amended. The vote was 5-2, Pat Healy-Golembe and James Miller dissenting. . RECOMMENDED ACTION: Amend Section 2, Paragraph 2 of Ordinance No. 70-89, to allow a residence with a total of 3,250 gross square feet of floor area to be constructed, within the approved footprint, on the lot east of State Road A-I-A which is located within the locally designated Fontaine Fox Historic Site. Attachments: Ordinance No. 70-89 Designation Report; Fontaine Fox Historic Site Letter from Jack Eichelberber, September 15, 1992 O'fi08i14 05: 15 P. I LAW O"nEE% JACK W. EICHELBEROER SUITE 1St()KETTERING TOWER DAYTON,OHO 45423 TELEPHONE: TELEPHONE: (St 2)224-0722 (41 i)224.0723 September 11, 1992 Historic Preservation Board City of Delray Beach 100 N.W. lst Avenue Delray Beach, Florida 33444 RE: PROPOSED ADDITIONAL VARIANCE REQUEST OF LOT 1, OCEAN APPLE ESTATES, FONTAINE FOX HISTORIC SITE TO WHOM IT MAY CONCERN: • To allow another variance of the above captioned lot is ludicrous. • The undersigned attorney and his wife purchased the property that lies two lots north of subject property in the 1970's. We bought our property with absolute assurance that the two pieces of property to the south of us were unbuildable lots and therefore there would be no dwellings between our land and the public beach. Then to our complete surprise the southern most lot was granted a variance to build a 2400 square feet house on the first lot north of the Public Beech on the east side. of State Road A-1A. We were never informed at any time of any hearing or proceeding concerning that 2400 square foot decision. We heard recently that that decision involved some limiting of housing lots west of A-1-A in the Fontaine Fox Historic Site. It should be noted besides the 2400 square foot grant on "the non buildable lot" a variation from the side yard set back requirements was also allowed to the effect of eliminating the twelve foot set back requirements and in its place instituting construction allowance of a dingle family detached dwelling within five feet of the south property line and within five feet of the north property line. As if that is not enough for the owners of Lot 1 to receive on that day (October 29, 1989) , they also obtained another variance--TO WIT: the waiver of the 80 foot right- of-way requirement for State Road A-1-A. (next page. please) 01,08/14 u5: 16 P. 2 Page two Historic Preservation Board September 11, 1992 Now the Owners of Lot 1 want more. They now want to increase their 2400 square feet by over 33% or 850 square feet. This would make a total of 3, 250 square feat and more important it would add makethe thesquare dwelling aage to form a full residence einstead floor. This would of a "beach house" . We are currently building a home at 701 N. Ocean Boule- vard which is as previously noted two lots north of Lot 1. We have spent a lot of money designing our house specifically believing that we had two iitoathat lots effect withscertri.nWe had our architect design pane rooms facing south. Now not only has the city of Delray allowed a 2400 square foot dwelling but now are being asked to grant another 850 square feet to build a second floor. It is just not fair. We could have really used a variance of five feet on both north and e8etzoning requirements backs were set inhouse concretes these figured that by the City of Defray. iarme on the Is the next rightguest next torng to us andbe toathernorth of Lot 1?A- buildable" lot in conclusion, we strongly oppose any variance as there is no necessity and it would be detrimental to us in that a second floor oradditif ilhsquare footage would defeat the n plans we made Q t . To say that there is no necessity for a variance, we have not really thoroughly checked into the trade-offs on the isrno three e`voffiaorcbbenefit October to the2city9or the historic district there no trod to allow this nevi request. We also question the reason for a Historic District if variances can be granted at any time. we would also point out that ddi any vavce ranted requests. These the door variancesfor a must stopad of now. additional varianceB I do wish to emphasize that I have received complete co-op- eration and courteous treatment in a professional way from Pat Cayce, Delray Beach' s Historical Preservation Planner. Sincerely, pack W. Eichelbergar • ttorney at Law JWE:de )RDINA :E NO. 7.-63 ?2� o.Dt ;ANCE OF THE CITY :O"TtISSION OF THE CITY of DELRAY BEACH. FLORIDA, DES-GNATING THE PROPERTY KNOWN AS THE AIE,W;HICH FIGX S MORES LOCATED AT 610 N. FULLY DESCRIBED IN OCEAN BOULEVARD, EXHIBIT 1 TO THIS RDINANCE, AS A LOCAL OF DESIOGNAC F-1Tt;; PROVIDING FOR CERTAIN REQUIREMENTS "ZONING MAP TION; PROVIDING FOR THE AMENDMENT OF THE OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER SAID DESIGNATION; PROVIDING A NON- E� NGOR A ILITY F ;SUNPROVIDING AN EFFECTIVE DATE; AND WHEREAS, Chapter 174 of the City of Code of the City of Delray Beach provides for the designation and protection of historic sites; WHEREAS, the owners of the Fontaine Fox House, a home designed by noted South Florida architect John Volk for famed cartoonist the Fontaine and City ity of Delray Beach resident Fontaine Fox, have House to be designated as an historic siteay Beceh if rtain variances and waivers can be obtained from the City of WHEREAS, the Historic Preservation Board of the City of Delray Beach prepared a designation report for the designation of Fontaine Fox House as an historic site and held a dulys noti an ced publicric at hearing hich nogard tor the de public spoke thetion of property popposition to the designation of the member of the p property as an historic site; and, WHEREAS, the Historic Preservation Board of the City of Delray Beach has recommended that on September 20, 1989 that the Fontaine and Fox • House be designated an historic site sbji ecttha nomination/designvariances and waivers proposed by the owner/applicant report; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the Fontaine Fox House as an historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Desia�lion• The Fontaine Fox House is located at 610 N. Ocean which is legally described on the survey which is attached and designated aai co Ponta neinto this Ordinance as Exhibit 1 and is hereby of ter _ Historic Site Codeaccordance oftheCityith and Delrayer the Beach,psubjectn to the a terms of of the City this Ordinance. Section 2. Requirements of Designation. Notwithstanding any provision of the City Code of the City of Delray Beach and any other provision of this Ordinance, the following requirements shall apply to the use and development of the Fontaine Fox Historic Site: 1) no more than three (3) dwelling units shall be used and developed within the boundaries of the Fontaine Fox Historic Site; and, of the 21 no dwelling unit used or developed on that portion Fontaine Fox Historic Site which lies east of State Road A-1-A shall ;;ontain more than two thousand and four hundred (2,400) square feet of gross floor area. • Section 3. ;'hat the Planning Director of the City of Da1V.I. Beach, Florida, shall, upon the effective date of this ordinance, at♦���� the zoning mnp of Delray Beach, Florida, to show, in an overlay manner, the above designation. Section 4. Severability. it is the intention of the City Commission of the City of Delray Beach that this Ordinance and each every of its terms be con- sidered a part of a single whole and that the Ordinance not be severable and that if a court of competent jurisdiction finds that any section c'. this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable in its entirety. Section 5. Effective Date. This Ordinance shall become effective upon adoption on second and final reading. Section 6. Sunset Provision. This Ordinance shall expire an be of no further legal force and effect sixty (60) days after its affective date unless the owner/applicant of the Fontaine Fox Historic Site has obtr+ned the following variances and necessary waivers: 1. A variation from the minimum lot area requirements of the ?-1-AAA zoning district to allow the construction of a single family detached dwelling on that portion of the Fontaine Fox Historic Sire that lies east of State Road A-1-A; and 2. a variation from the side yard setback requirements thz R-1-AAA zoning district to allow the construction a single family detached dwelling within five (51 feet the north property line and five (5) feet of the sou property line of that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A. 3. Waiver of the 80 foot right-of-way requirement for State Road A-1-A within the boundaries of the Fontaine Fox Historic Site and the establishment of a 60 foot right-of-way requirement for the purposes of any municipal permit or development order. PASSED AND ADOPTED in regular session on second and final reading on this the 24thday of Octobei,/5�4�7 , 1989. ?G MAYOR ATTEST: �Z t --��� This instrument was prepared by: City le First Reading October 10, 1989 Jeffrey S. Kurtz. City Attorney l00 N.W. 1st Avenue Second Reading October 24, 1989 Delray Beach, FL 33444 - ORD. NO. 70-89 1 . . •• . •' • , . • . , . • , . - ------.-::-7-----.--- 7'-- -'-'-' . •— •- .. • , *. .• • L • • DESIGNATION REPORT • . - - . . • _ . - • Fox House • (a.k.a. Ocean Apple Estates) . , 610 N. Ocean Boulevard • .7... . f.b,4...-'.. -,-‘1. ..VZ :4,.,1 ,,, •_ 4 .1 •• - l 'S - •rgeVel44-1141•;7•fji'V'-.4,.e•-• s ' •4 , 4 i kip • •. :4..A41. •„1.1...res.. • ...,• •• -44...71, .t P • . -.- 46 ••••• "' ':.,-- -„ "ft...., t..,.a-4 .41,4k 18. .8k,-•PI - '-- ..4.•i., jp. if • • '.: be)- 's '-r •:---- " - •4. Illff. i : -6....-- "t - - e3 ILA . -.;• •- --- -;.-:•:-.7.-:;-:. 7---: :-.. mr • -4- --•• . 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Ocean Boulevard/. Delray Beach -- I. PURPOSE . purpose of designating- the.-Fox:=House;=61Q'._Nt�Ocean__Boulevards_ _ _ The pur Pf Historic to the Delray Beach Local Register icance Pof one of the laces is to preserve the architectural and private residential- oceanfront estates, Cityty's most distinctive pfter which is popularly known as A the n ��ation Pfor designationrhasabeen the "Subject Property") .filed and considered by the Board (See Exhibit A) and a public hearing held pursuant to Chapter 174 of the City of Delray Beach Zoning Code. II. LOCATION - The Subject Property is located at 610 N. Ocean Boulevard Delray Beach. It is 2.5 acres sides of re or sstate Road A s and is P1-A rised The Subject of land on the oceanward and landward Property extends from the propec Ocean to rty Andrews described in Ex The hibit legalgal description of the Subject B. III. HISTORICAL AND ARCHITECTURAL SIGNIFICANCE The house is significant because of and itsthecma n ctur who ades gned the l style, the man who first owned the Property constructed for and owned improvements. The house was originally by Fontaine Fox, a world-famous cartoonist. Designed by John Volk, it represents one of a few remaining "beach" cottages reflecting the Cape Cod bungalow style typical of houses built on North Ocean Boulevard from Delray/Gulfstream to Manalapan. The Owner: Fontaine Fox In 1933, Fontaine Fox began purchasing the land for what would be known as 610 North Ocean Boulevard. By 1934, he owned all of lots 1, 2, 3, 4 and the north half on lot 3 andithelnorthchalfoof lot e4. The house itself is located personal friend, to design aF house Oceanx nBoulevard.ed John a a Fox, a cartoonist of both national and international accla chedim 1916, his cartoon "Toonerville Trolley" . n the cartoon syndicated 9 best known +was syndit d throughout' the world, appearing in several languages. . 1 Kentucky, Fox - Born in 1884 in I'Ou e, continuing throughout highrschool a cartoonist in grammar s hool when he began working at the Louisville Hexald as a reporter and After two years of study at the University of Indiana, cartoonist.h art-time, he :returned. to where he studied and drew cartoons p Kentucky to work at the �ons and distributionlinh1915icaMucho of st gave him national recogni the small town subject matterLouisvillefor his rto He movedf to Delray in he knew in then suburban/rural visited there in the 1920's. Fox, in coming to Delray, after having - Delray, joined a numbe how well kc�eatedtan artists writers dswriters co making hDelray their colony. These people included the ood Cowan cartoonist writers Hugh McNair Roth (whose cartoons reflected.life in Delray) , Krcl Clarence Buddington Kelland, Nina Wilcox Putnam (whose ine were articles published in Good Housekeep ng magazoet Edna St1uVincent strated by another Delray resident Anita Brown) and p Millay. Fox made his studio on the second floor of the Arcade Tap Room, the hub of wi homeser a onlvity NorthlOcean Boulevard.n the town of Delra He ywas an . He ultimately built two accomplished golfer and the author of several which was based is his including a series which ran in many papers the wed hen was narrow escape in 1939 from war-torn Division of Pictorial Publicie. ty. In a member of the D In 1951, Fontaine Fox sold the house at 610 North Ocean Boulevard to Alfred and Annbecame a Anne (Hart dMottd in 1958, and of the Mott Anne C. Hart ultimately Applesauce family.) Fox formally retired in 1954 and died at his home in Greenwich, Connecticut in 1964. The Delray Beach Historical Society recently honored him at an exhibit shown at the "Cason Cottage" Museum. The Architect: John Volk In the late 1930's, Fontaine Fox, having had a long-term friendship with John Volk, commissioned him to design the house at 610 North Ocean Boulevaras Volk lasaseveral also tothershlocatedfinothe home just north of 610, immediate Delray/Gulfstream area including Ocean Boulevard, Seabreeze, and Palm Trail. Born in 1901 in Austria, Volk came to the United States when he was nine years old. He was a student at Columbia University School of Architecture as well as owned Ecole des Volk continuedetoo design rld nhomes until his Beaux Arts in Paris. death in 1984. John Volk arrived in 1„iedite Mizner rranean style mansions Palm each n 1925 while dfornwealthy was building Spanish an 2 he designed over:__1,.000 .houses, _ -- most A prolific architect, • theatres, and buildings -all- over th -World.�- Some "nf "the `world's` commissioned him ,to design their• '' most powerful and wealthy people • homes, including William `Paley, George Vanderbilt,__Henry Ford II,, ' Herbert Pulitzer, Horace Dodge• II, and John �'hipps':.; Palm Beach Volk has often been calledr nhe last Mizner�Mauricef the rFatiol and Marion architects which included e formed a partnership with Gustav Maas Simms Wyeth. In 1926►which lasted almost ten years. Volk's homes, which number seve sufromdSpanish and sCattered lltalian ong the coast, covered a broad range of design motifs to Normandy, Bermuda, Regent, Classical oriental, bungalow, and what he called British Colonial. aft ,Depression"broken Volk the excesses" of the Mediterranean style began designing British Colonial houses built for forty-five cents a square foot versutwo dollars per square foot for the Spanish mansions. He related in an article in Digest in 1972, "when the market crashed and the DepressionAr prfo Dig there wasn't a client in sight who wanted to - build ld, • build the elaborate Spanish house. Everyone was brokl� w s°during se who weren't, didn't want t° make a houses show of North Ocean their . "Boulevard were this period that the designed. Volk designed some of the most prominent Bank building irnuildings in the area, including the First NationalPalm Beach, the Po Royal Poinciana Plaza and Playhouse (which opened in 1950, becoming y professional theatre to be built h the United States then first new p ore and the Adelphi Theatres opened their doorsonee the Ethel the galleries and theatre for the Society of the Four in19 part , Arts, pa of the Town Hall of Palm Hospital.edch, the In later Beach Club, Phipps Oenza, and Good Samaritandevelopment of plannedd golf ciurSescommunitiesand and ssuch asePort Royale in Naples and coot Old Port Cove in North Palm Beach. During the Mott family 's ownership, the southerly portions of the land seaward of State Ro beach stabilization and renourishmed A-1-A were conveyed to the City of nt Beach in support of a ent program. Recently the City Commission of the City of Delray Beach voted to convey ten feet along the southerly border of the Subject Property east of State Road o e tY owner's proposal currentck to the property plat to owner as a part of the p P buildable lot on the east side of State Road A-1-A. IV. PRESENT USE, CONDITION AND ZONING A. Present Use , 3 • ert ' is improved with a' two bedroom principal The Subject Prop Y residence, garage, swimming pool and three small guest cottages. The improvements were designed by renowned architect John Volk nd was originally constructed in 1934. The :improvements.to the Subject - ce arc itectural Property have been renovatedothe in original. of the the hprincipal theme and character residence and the other improvements'. B. : Condition The structure is in very good condition. C. Zoning The current zoning of thetheubject owner p`spersubject is R to proposed 1-AA. The Nomination submitted by conditional zoning regulations. •V. IMPACT This designation is being made at the request of the owner of the Subject Property. VI. RESOLUTION The Historic Preservation follows:of the City of Delray Beach hereby finds and determines as A. The Nomination for designation= of the Fox House as an historic site is appr'apriate and conforms with the standards and criteria of Chapter 174: Historic Preservation of the City of Delray Beach Code. _ B. The Subject Property is appropriate for designation as an historic site because: 1) The Subject Property is associated with the life or activities of a person of major importance to city, regional and national history in that the Subject Property served as a residence of famed cartoonist Fontaine Fox, a notable person in theh historySubject Property City alsoof Delray Beach and the country. also served as a residence for the Mott family of applesauce fame; 2) The Subject Property exemplifies the social and historical trends of the community in tthat the f principaal residence represents a lifestyle, quality d architectural character that once typified seasonal living in South Florida; 4 3) The principal residence on the Subject Property. has - architectural and aesthetic significance in that: a) The building portrays the materials -and design of. an era of distinctive architectural style, to wit,,. . natural wood reflective of ; traditional cypress construction. b) The building reflects distinguishing characteristics of a style, period and method of construction, to wit, the building is reflective of traditional South Florida cypress homes that are no longer extant. c) The building was designed by. renowned Florida examples John fh this k style nd represents nd type one of residential example design by Mr. Volk. ; d) The building contains design, detail, material and craftsmanship of an outstanding quality which represented, in its time, a significant innovation in adaptive design for the South Florida environment. B. Such designation should be conditioned upon the adoption of the following zoning regulations: 1) notwithstanding the fact that the minimum lot size requirements of the R-i-AA District and the existing number of platted lots that make up the Subject Property would allow more than three (3) dwelling units, the total number of dwelling units that can be developed on the Subject Property shall not exceed three (3) ; 2) notwithstanding the minimum lot dimension requirements of the R-1-AA District, a single family detached dwelling may be constructed on the Subject Property east of State Road A-1-A, provided that the dwelling is constructed within the area designated by building lines depicted on Exhibit C attached to the Nomination, to wit no portion of the dwelling .is constructed within five (5) feet of the north and south property lines; 3) notwithstanding any provision of the City of Delray Beach Code, the single family dwelling which may be constructed Subject east th Property may not of A exceed twenty -1-A through four hundred the (2400) square feet; and 4) notwithstanding any provision of the City of Delray Beach Code, the right-of-way of State Road A-1-A shall be sixty (60) feet and no reservation of right of way in excess 5 of the east half of sixty (60) feet sha- .- -:be-required-as-;'- =--_ a condition of development east -of State' ad A-i-A. - .�( r tint_ _ C. The Subject Property is unig11 - in regard to-a- confluence=:• of circumstances that render it potei tially uillailildable under the current provisions of the R-1=AA,.. pistrict:' D. The construction of a single -A is family nsi tentdwithing on the the goals land and east of State Road of Delray Zoning Beach Code. purposes of the City. y : -E. There is 'no other lot in the same zoning district that suffers from the same confluence of circumstances and the conditions and circumstances are peculiar to the Subject Property. These unique circumstances include: - a) the property being the southernmost of a long series of oceanfront lots which are improved with residences, b) the granting of an easement for public beach use over a substantial portion of the lot in support of a public program • of beach stabilization and renourishment, and c) the establishment of an erosion control line divesting the owner of technical title to a substantial amount of. land area between the mean high tide line and the erosion control line to which the property owner retains riparian rights. F. Absent the conditional zoning regulations, the property owner will be deprived of the rights enjoyed by other properties in the same zoning district. - G. The special conditions appurteriantto the Subject Property are the result of public initiatives in regard to beach access, use and renourishment, initiatives that the owners of the subject property have supported and contributed to by granting of beach access and use rights of way and acquiescing in the establishment of the erosion control line as a part of a renourishment program. 6 --- -. . , •, . • 1 .......-. •-•-•7. . •_ .s. • • • .. , ..t• •_ .-1- NA *.1a ...''' , - - - . .444 Ar." 0-I! • .411r....._,.....:. _,p- 'v. ....• •.• . . •a , . a,- .0:.-..2.,•.`t.07-0$,?,4_....N. .- - ---- - - . • ---: - 4.•,-...-", -a.0. fi42...d, .-;,r„,• . . . ..• -. •---,. . , - VIk,a_•,,.4 .`‘.3%.:1", ... --_.. . • ) -24,--4q.• --• - .44-/- ft L i -.1k-:?%;. , _ . • ••-•• :- _.. -:. • igholi.•?a: . .•:,..-..... .„xi • 111`P.:!•'..r••-•. . ---..":7 -' ' - : -'t''•- ..---!....---.;.•-••••z...-1.---: -:-.. te•••?.../rwal..46...:..'7-4;:-...;„-----,..,-.111,4•..-_-...c.„:-..-:-....:-: .. - _ ------• -....,,..-. ..-.-.-,-7.-:-•1";,-:-:1,. •i " AS.,••••••:•-•.- ...iiii'"-rli#1".17,-;:c.• :•:-...."'•. t .. ,, .f • . -......---,-....._,_ =7::•:. . .!!:-,:."-•/,..`:.`,...--1:0.;i.•-4:14",.."-7-• "•:“.....-' ,S.'• N 77- -..---- -3:.... - • • , • v - I .. 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I. •• II tal ........,..1..,-•.7 _... . . ..,.7,.'.z•f::,...11. -..-::,...t:,1.-2:F.--- r. --. : -:-_-: :-: ii , -.: . - - ---,..-..-.-----.--.;----7:--.-:•••...-.‘:-..;-,-,-..--..-=• •:. . •-s:„...... : -1•:..-----•-_ _,.. ,71:...1.:7.,..: ..:._-... - .., ___:•-.;---!..-....--,;, , . -7. -,--,•:..,-,-,; .- . ,...-7-• -• _-.- -........-.wa-4•.;:...,...4-,- ;=.--,•-•. -r:--7..,- ;:;.:- .-.-r.--..--.,-:-.1"-, -.-.;--:..7'.• --.-.---„i:'.-. l''. ........... ."....- $.1••••••• ...„,....----;,•-„..--••••••..z- ...• ft`.4 , •--••;..':.- a •-, c -r., • ''-'-'' •• •I ,......• 1- ..... ...0.'„i#:-.'...-="-;--- .,--.--:s - '`••:.•.: ' -fl, -:•--' ' - • -: -7 - ,•=s, 8. Fox house, main residence, south side with guest cottage. PLANNING AND ZONING BOARD MEMORANDUM TO: Planning and Zoning Board ity of Delray Beach ( )CIL,;A ...\ -VIDLX4M-- FROM: David J. Kovacs, Director Department of Planning and Zoning DATE: November 15 , 1989 SUBJECT: REPORT OF CITY COMMISSION ACTIONS ON NOVEMBER 14 AND. . . COMMISSION WORKSHOP ON THE COMPREHENSIVE PLAN At its regular meeting of November 14th, the City Commission took the following actions with respect to land use items and other matters of interest to the Planning and Zoning Board. 1. ENACTED the annexation of the South County Professional Center which is located on the east side of Military Trail, south I of Linton. 2. ENACTED an ordinance formally modifying the DELINT D.R. I . . This action is a follow-up to a previous action of the Board. 3 . DENIED Ordinance 74-89 which dealt with removing the "limitation on number of floors" in certain zone districts ' because of a concern in the RM-6 District. A new Ordinance 79-89 was then APPROVED on first reading. The new ordinance removes the limitation in the RM-10 and RM-15 District but retains it in the RM-6 District. 4. APPROVED, on 1st reading, Ordinance 75-89 which accommodates the same setbacks for townhomes as is required for other multiple family structures. 5. APPROVED, on 1st reading, an SAD rezoning ordinance for the 8th Street Marina property. The second reading will follow P&Z Board consideration of the site plan in December. Commission members expressed many of the same concerns as were initially raised by the P&Z Board. 6 . APPROVED, on 1st reading, an amendment to the recently enacted Bed and Breakfast Inn regulations so that a B&B can be established in a historic structure and not just confined to the O.S.S. Historic District. • MEMORANDUM To: The Historic Preservation Board From: J Stanley Weedon, Jr. , Assistant Planning Director / Re: Fox House Nomination/Designation Date: September 11, 1989 ITEM BEFORE THE BOARD: The item before the Board is the consideration of the Fox House historic site nomination and whether to accept the nomination and designation reports and schedule a public hearing on the requested designation. The authority of the Board on this issue is granted via Chapter 174, Historic Preservation of the City of Delray Beach Code. Designation of a property as an historic site involves two meetings before the Board, acceptance of the nomination report, and the public hearing on the proposed designation. Application via a nomination report is made to the Board, said nomination report being accepted at a scheduled Board meeting. Subsequently, the Board is required to evaluate the nomination report, prepare a designation report and set a date for a public hearing on the designation of the nominated property. The applicant has submitted both a nomination and a designation report. Therefore the initial actions of the Board are to: 1. Accept, accept with modifications, request additional information and continue discussion, or reject the nomination application and report, 2. Accept, accept with modifications, request additional information, or reject the designation report, and 3. schedule a public hearing on the proposed designation. Due to time constraints expressed by the applicant, a tentative public hearing date of September 20, 1989 at 9: 00 has been published and individual notices to all adjacent property owners within 300 feet have been provided. Should the Board not accept either of the submitted reports or determine that the scheduled public hearing should be postponed to allow additional time before the public hearing and gather additional information or citizen input the additional costs of a second notice/publication will be the responsibility of the applicant. BACKGROUND: The subject property has been the subject of two previous applications for subdivision. In 1985 the present owners attempted to divide the portion of the property west of Ocean Boulevard (A-i-A) into five lots. The existing house and cottages would have been located on a lot of 35,546 square feet and the balance of the property divided into four lots of 15,000 square feet each with access provided via an access easement. The final plat was approved by the City Commission on May 28, 1985 and included a waiver of the sidewalk requirement for Andrews Boulevard. The approved plat has never been recorded. The Engineering Department indicates that approved plats do not have an expiration date even though not recorded. Should the status of this approved and unrecorded plat become a topic of discussion, a formal legal interpretation on the status of the plat should be requested from the City Attorney, as zoning, subdivision requirements or City policy may have changed in the ensuing four years. In early 1989 the existing owners made application for subdivision of the property into three parcels, the land lying east of Ocean Boulevard (A-i-A) , a 61,808 square foot parcel directly west of A-1-A ( for the existing structures) , and a 39, 075 square foot parcel lying adjacent to and east of Andrews Boulevard. The applicants requested a temporary abeyance of this application via a letter dated March 31, 1989. Consideration of the latest request for subdivision of the property has identified several constraints to providing a buildable lot or parcel east of A-i-A. The minimum lot size in the R-1AAA District is 12, 500 square feet. The City Commission has approved the vacation of a ten ( 10) foot easement which lies adjacent to this proposed parcel on the south side. When this vacation is recorded, the proposed lot will measure 100 feet in width with 97 .72 depth on the north and 83 . 11 depth on the south. The minimum depth in the R-1AAA District is 110 feet. The presently required right-of-way width for A-1-A is 80 feet, which would further reduce the depth of the proposed lot. The Citys' draft comprehensive plan includes a statement opposing widening or other enhancements of A-i-A which would accommodate greater traffic flows, and that the City in FY 89-90 will request a "constrained facility" designation and a reduction of right-of-way on the County Thoroughfare Plan (Policy A-5 . 3 , Traffic Element) . The applicant, as part of the current subdivision request, was advised to contact the County to request a reduction in the required right-of-way. The County has responded that this will necessitate an amendment to the comprehensive plan which could be submitted in October. The easterly property line of the proposed lot east of A-i-A is defined by the State delineated Erosion Control Line (ECL) and Coastal Construction Control Line (CCCL) . Title to land seaward of the ECL became vested in the State, and title of lands - 2 - • landward of the ECL remained vested in the upland owner. Prior to establishment of the ECL, the mean high water line defined the seaward lot limits. Structure proposed seaward of the ECL must meet strict design and environmental standards and require a permit from the Florida Department of Natural Resources. ANALYSIS: Acceptance of the Application and Reports: The nomination and designation reports appear to contain sufficient information for the Board to: 1. Accept, accept with modifications, request additional information and continue discussion, or reject the nomination application and report, 2. Accept, accept with modifications, request additional information, or reject the designation report, and 3. confirm the scheduling of the public hearing on the proposed designation. Therefore, the Board should first consider and vote on each of these items separately. Prior to answering questions #1 and #2, the Board must determine if they accept the conditions which the applicant is attempting to place on the application for historic site nomination and historic site designation. The applicant has stated a case for, and requests that the Board grant four conditional zoning requirements concurrent with designation of the property as an historic site. This request is based upon the language of Section 174.20 (E) ( 2) which states: a designation report will contain . . . any proposed conditional zoning regulations designed to replace or complement existing zoning regulations with regard to, but not limited to use, floor area, density, height, setbacks, parking, minimum lot size, and the like, or create any additional conditions provided for in this subchapter . . . . Section 174. 20(E) ( 2) is not provided as an avenue to circumvent or avoid the standard requirements of the City Code but to provide a method by which the Historic Preservation Board can assure the proper protection or enhancement of designated buildings, sites, structures, interiors or districts. To that end, conditional zoning regulations should only be stipulated where adherence to standard code requirements would endanger the designated buildings, sites, structures, interiors or districts. The Board is granted variance authority for historic sites in Section 174. 54 Variances, but has no variance authority for nominated properties. - 3 - The request before the Board attempts to designate the entire property as an historic site and at the same time define future development potentials for the balance of the property by specifying the number of permitted units, waiving right-of-way requirements,- varying setbacks and minimum lot size, and specifying a maximum dwelling unit size. These requests, as indicated in the following section "A Specific Discussion of the Conditions" , are inappropriate, and the Board should accept the nomination and designation reports with modification of via the deletion of the applicants requested conditions. If the Board accepts the reports with the deletion of the applicants requested conditions, it is highly probable that the applicant will withdraw the requests for nomination and designation. Section 173 .20 provides that nominations for historic sites may be initiated by the Historic Preservation Board, the City Commission, or the property owner. Should the applicant withdraw the nomination, the Board should strongly consider making the nomination request itself and set a date for a public hearing on the designation report. The information presented in the nomination report provides adequate documentation of the local historical significance of the site and for recognition of ' the site on the National Register of Historic Places. Whether the applicant withdraws the nomination application or not, the following issues should be discussed as they will help the Board in determining/defining the content and form of any subsequent application by the Board, property owner, or City Commission. Given the applicants desire to develop the undeveloped portions of the property, the Board must make several determinations prior to accepting the designation report and consideration of the applicants proposed conditions. These questions are identified below: A. Is it necessary to include the entire property to ensure the integrity of an historic site designation of the existing structures and/or property? If the answer to question A is "yes" , the Board should move to question B. If the answer to question A is "no" , the Board should request the applicant to amend the designation request to define only those lands and structures necessary to maintain the integrity of the historical site designation and address the remaining questions only to the area which would be designated as an historic site. B. Will additional development of all or a part of the balance of the property jeopardize the integrity of the historic site designation? - 4 - If the answer to question B is "yes" , the Board should recommend conditional approval of the designation with a stipulation that the property be maintained at its present development level, and further development or subdivision of the property should not occur. If the answer is "no" , the Board should continue with the remaining two questions. C. If all or a portion of the balance of the property can be developed without jeopardizing the integrity of the existing structures, should future development be required to maintain or continue the character/architecture of the existing structures and grounds? If the answer to question C is "yes" , the Board should specifically define the acceptable nature and style of development/architecture which would be required to maintain the integrity of the designation. If the answer is "no" , no further discussion regarding the maintenance or continuance of the character/architecture of the existing structures and grounds need occur (proceed to"D" ) . D. If development can occur on all or a portion of the balance of the property, are there conditional zoning regulations which should be stipulated which would complement or replace existing zoning regulations, enhance the historic site designation of the property, or prevent the future degradation of the historic site designation? If the answer to question D is "yes" , the Board should specifically identify any conditional zoning regulations which should be recommended to complement or replace existing zoning regulations governing the property. These conditional zoning regulations may enhance existing regulations, but may not deviate from the minimum requirements of the zoning code. Lacking a specific development plan, the Boards consideration should be limited to additional restrictions to future development which would prevent the future degradation to the integrity or character of the designation of the historic site. For example, if construction of an additional structure(s) were permitted, would a building height less than that allowed by the code contribute to maintaining the character or integrity of the property designated as an historic site ( ie. view corridor) . A Specific Discussion of the Conditions: As previously indicated, the applicant has requested that four conditional zoning requirements be attached to approval of the entire property as an historic site. The proposed conditions apply only to the development of the balance of the property and have no bearing whatsoever on the existing structures. If the Board has determined that it is necessary to designate only a - 5 - portion of the property as an historic site, further discussion of the proposed conditions is unnecessary. If not, the proposed conditions and a discussion of each follows: 1. the total number of dwelling units that can be developed on the subject property shall not exceed three ( 3 ) . The number of dwelling units allowed on a property are a function of the zoning and subdivision regulations. Specifying a number of units concurrent with designation of the property as an historic site has no bearing on the actual designation itself, unless the Board feels that additional development of all or a portion of the property jeopardizes the historic significance or nature of the site or structures. The necessity to complement or replace existing zoning regulations for the property west of A-1-A is not supported by the evidence submitted. The question of whether a single family residence can be built on the property east of A-1-A is more appropriately answered through normal development proposal/review channels. A determination at this time would not complement existing zoning regulations and the need to replace the existing zoning regulations is not supported by the evidence submitted. Variances from the minimum requirements of the zoning code may be addressed at a later time. The Boards should indicate for the record whether the further subdivision of the property into additional building lots is acceptable and if so, whether any future structures should follow the architectural style set by the existing structures. If further subdivision is not acceptable, the Board should so indicate in its ' actions/motions. The Board should also indicate whether the construction of a residence on the property east of • A-1-A jeopardizes the designation of the property as an historic site. 2. A single family dwelling may be constructed on the subject property east of A-i-A within the area designated by building lines depicted on Exhibit C of the nomination report, with five ( 5) foot setbacks on the north and south property lines. The issue of a single family residence is addressed in the answer to #1 above. Existing City code requires a minimum side setback of twelve ( 12) feet. The minimum residential side setback permitted by the City Code is seven and a half (7. 5) feet in the R-1A, R-1A-B, and R-1A-C Districts. This issue is more appropriately addressed as a variance request to the Board so that appropriate supporting evidence, such as proposed building design and construction type as well as adjacent property conditions can be considered, and specific public notice regarding the request can be provided to adjacent property owners. - 6 - 3 . The single family dwelling east of A-i-A shall not exceed twenty four hundred ( 2,400) square feet. The City Code requires a minimum twenty two hundred ( 2,200) square foot floor area in the applicable R-1AAA District. There is no requirement or restriction governing the maximum size of a permitted single family residence in the R-1AAA District. This proposed condition has no bearing upon the proposed historic site designation of the existing structures, the two properties being separated by A-1-A, therefore this request or stipulation is inappropriate. 4. the right-of-way of State Road A-1-A shall be sixty ( 60) feet and no reservation in excess of the east half of sixty ( 60) feet shall be required as a condition of development east of A-1-A. The City cannot stipulate the right-of-way width for a State Road, nor can the City or the Historic Preservation Board waive the required dedication. The Citys ' draft comprehensive plan includes a statement opposing widening or other enhancements of A-1-A which would accommodate greater traffic flows, and that the City will in FY 89-90 request a "constrained facility" designation and a reduction of right-of-way on the County Thoroughfare Plan (Policy A-5. 3, Traffic Element) . The applicant, as part of the current subdivision request, was advised to contact the County to request a reduction in the required right-of-way. The County has responded that this will necessitate an amendment to the comprehensive plan which could be submitted in October. The net effect of granting the applicants proposed conditions would be to grant a variance to existing requirements of the City Code and the County Thoroughfare Plan. A variance to the City Code cannot be granted in generality, but must be specific, with specific notice of said variance application being provided to adjacent property- owners. A variance to allow three units would be inappropriate, but a variance to the required minimum lot area or dimensions would be appropriate. However resolution of the issue of right-of-way width and lot area must first be defined by pursuing the recommended actions of the subdivision application before a variance request can be considered by this Board. The City cannot grant a variance to the County Thoroughfare Plan, rather the applicant or the City must pursue a reduction of the required right-of-way via amendment of the County Thoroughfare Plan. SUMMARY: The application and reports are complete and contain sufficient information for the Board to make appropriate decisions on the issues before the Board. However, the nomination and designation reports contain conditional zoning requests by the applicant which are inappropriate at this time. The applicant should - 7 - r . , reactivate the pending subdivision application and attempt to define the development potential via the appropriate procedures. Upon definition of the development potential, ie. approval of a final plat, the Historic Preservation Board can consider specific variance requests for the area designated as an historic site as specified in Section 174. 54 Variances. ALTERNATIVE ACTIONS: At this meeting, the Board must make three initial decisions as discussed above and enumerated below: 1. Accept, accept with modifications, request additional information and continue discussion, or reject the nomination application and report, 2. Accept, accept with modifications, request additional information, or reject the designation report, and 3. schedule a public hearing on the proposed designation. Concurrent with decisions #1 and #2 the disposition of the applicants requested conditions must be made. Only three options are available to the Board on this issue: A. Accept the conditions as requested, B request the applicant to modify the conditions as submitted, or C. eliminate or reject the requested conditions. If the Board determines that the conditions are inappropriate to the consideration of the historic site designation, the applicant may withdraw the application. If this happens, the Board should be prepared to decide if it will make application itself. If so, a public hearing on the designation should be set for a later date and staff directed to prepare the appropriate notification and publication. RECOMMENDATION: That the Board: 1. Accept the nomination application and nomination report with the modifications, said modifications being the elimination of the conditions requested by the applicant, 2. Accept the designation report with modifications, said modifications being the elimination of the conditions requested by the applicant, 3 . Schedule a public hearing on the proposed designation for September 20, 1989. Should the applicant withdraw the application, the Board should make application itself, direct staff to prepare the required notices and publications, and set a public hearing date for the historic site designation hearing. - 8 - * * • LAW OFFICES Siemon, Larsen & Purdy MIZNER ADMINISTRATION BUILDING 2 EAST CAMINO REAL BOCA RATON,FLORIDA 33432-6106 DEARBORN STATION TELEPHONE 407-368-3808 SUITE 5700 47 WEST POLK STREET 4000 MacARTHUR BOULEVARD CHICAGO,ILLINOIS 60605-2030 NEWPORT BEACH,CALIFORNIA 92660-2516 312-939-7117 714-752-1538 September 7, 1989 Ms. Susan Adeen Ruby • 1 310 SE 1st Street Suite 4 • `' Delray Beach, Florida 33483 Re: Proposed Nomination of the Fontaine Fox House as an Historic Site Dear Susan: I have reflected on our telephone conversation in regard to the above matter and would like to ask you to reconsider your interpretation of Section 174.20 (E) 2 of the Delray Beach Code concerning conditional zoning regulations as a part of historic site designation. I do so not to create an issue or conflict, or to argue with you, but because I believe that the language of the ordinance is not limited to "more restrictive" regulations; and because your interpretation makes it difficult, if not impossible, for me to recommend to my clients that they proceed with their nomination o f their property as an historic site. From the outset, my clients have made it clear to the City, its officials and its staff, that their purpose in submitting their property for historic site designation (in conjunction with granting relief so that a home could be built on the property east of state road A-1-A) was to establish a situation that would be of mutual benefit to the City and the property owners. The limitations imposed by Chapter 174 after designation are significant. My clients' willingness to subject their property to those restrictions is linked to the proposed conditional zoning regulations that would allow them to realize the underlying economic value of their land without having to alter, modify or replace the Fontaine Fox House which, although attractive and desirable to my clients in their present circumstances -- despite its modest size and improvements -- represents a substantial under- utilization of a very valuable parcel of ocean-front property. If there is no way to link the designation and the conditional zoning regulations, then I am hard pressed to recommend to .my clients that they proceed with the nomination on the hope and expectation that a variance will be forthcoming through further proceedings. My experience in land use matters is, unfortunately, that more often than not even remote possibilities have an uncanny R r . Ms. Susan Adeen Ruby September 7, 1989 Page 2 • way of coming true and none of us can "guarantee" that a variance will be granted. As I understand your interpretation of Section 174.20(E)2, you construe the language referring to conditional zoning regulations as being limited to more restrictive than existing regulations under the doctrine of expressio unius est exclusio alterius based on a reading of Section 174. 54 (variances) as the exclusive means of securing less restrictive regulations. With all due respect, I read Chapter 174 to authorize the imposition of conditional zoning regulations as a part of a designation of the historic 'site without regard to whether regulations are more or less restrictive than existing zoning. Section 174.20 (E) 2 provides that the designation may include: (2) Any proposed conditional zoning regulations designed to replace or complement existing zoning regulations with regard to, but not limited to use, floor area, density, height, setbacks, parking, minimum- lot size, and the like, or create any additional conditions provided for in this subchapter; In order to conclude that this language is limited to more restrictive regulations, one would have to insert additional wording. —The first rule of statutory construction is that legislative intent is derived from the plain language of the statute unless there is a patent ambiguity or the plain meaning of the language leads to an absurd result. I cannot believe that the above-quoted language is ambiguous, and our interpretation does not lead to an absurd result. Indeed, it is quite common for historic preservation regulations to provide for less restrictive standards in order to accommodate what is known as "adaptive re-use." My reading of Section 174 .20 (E) 2 is that a designation may include proposed conditional zoning regulations, either more or less restrictive in regard to the objective enumerated in the section. Further, I do not agree that Section 174.54 "preempts" Section 174.20(E) 2. First, a variance is substantially different from conditional zoning regulations from a legal perspective. The former is a deviation from underlying zoning regulations that are available under certain usually limited circumstances, while the latter contemplates a change in the underlying rules to meet a specific policy objective. Second, I do not believe that the variance provisions address the same subject matter as conditional zoning regulations. Indeed, it is my view that they cannot as a matter of well-established law. For example, it is generally understood that so-called "use ti • R Ms. Susan Adeen Ruby September 7, 1989 Page 3 • variances" are unlawful because such variances in fact change, zoning without compliance with the procedural requirements for rezoning and typically are not granted by the governing body. As a matter of. law, therefore, the variance provisions of Chapter 174 cannot displace the obvious intent of Section 174.20(E) 2 that conditional zoning regulations may provide relief from "use" restrictions. Third, I do not believe that it is possible to read the restrictions established by variances into the intent that conditional zoning regulations are authorized in the broadest of possible legislative terms -- "with regard to, but not limited to. " To me, the intent of the conditional zoning regulations is obvious: to allow, as a part of a designation process, whatever modification to, or replacement of, regulations necessary or appropriate to facilitate the preservation and protection of historic sites and landmarks. The variance provisions of Chapter 174, in contrast, do nothing more than transfer jurisdiction of variances in regard to historic sites or landmarks from the Board of Adjustment to the Historic Preservation Board; and while there is some difference between the standards for variances for historic sites and non-historic sites, the standards are not substantially different. In the final analysis, I believe that everyone stands to gain from the proposed designation. I am confident, however, that my client will not proceed with the designation process unless there is some enforceable link between designation and the proposed conditional zoning regulations. The risks of an historic designation without the proposed conditional zoning regulations, given the value of the land on which the Fox House sits, are simply too great. We agree that there can be no guarantee that a variance will be forthcoming after designation, and the possibility of undoing the designation if no variance is granted is optimistic at best. I have considered the possibility that the designation ordinance could be drafted so that it does not become effective until the Board grants a variance on the terms and conditions of the proposed conditional zoning regulations, but have some doubts as to the jurisdiction of the Board to grant a variance in advance of the designation ordinance taking effect. I have also considered the possibility that the designation ordinance contain a sunset provision that would provide that the ordinance would expire after a specified period of time unless a variance is granted by the Board. I know that sunset provisions have been sustained in Florida in a variety of contexts, so I assume that such a designation would be lawful, although there is some law that e1 ,..,:. . 8ELRqy r� OF ,. BEqtH :. • �� CITY AprORIV � - EY S OFFICE 310 S.E. 1st STREET,SUITE 4 DELRAY BEACH,FLORIDA 33483 407/243_7090 TELECOPIER 407/278-4755 MEMORANDUM Date: September 19, 1989 To: Pat Healy, Chairman Historic Preservation Board Me From: Susan A. Members • Ruby, Assistant City Attorney nation/DeSi nation. The Historic: P September 15, reservation g I the row Hour 1989, voted Board at. as sub to accept the, meeting on attorney,ouse as submitted b,T Friday, designation 5iemon. The public and Mrs: nomination report on Wednesday, report r�ulJ?i.0 son through their e Y, Se is scheduled hearing and September 20, scheduled for a vote on t? Public hearing on The nomination co motion and designation I s~-itute in soreport Which cb st and i me instances enhancements contained candid requirequirements of the n Some instances nvarc conditions, tzoning code is toin zoning code. The variance_ from. the staff reiterate to the writing the purpose of minimum j and to propriety position taken this memorandum desire as seek clarification of granting by ° office and approve d variances at I the designconditions, this stage with c°ndi.tionnss_ should the board ' The first Arowe condition - onl three dwe lLin units on the The condition limit' units is an limiting development. to requirements enhancement to three would, i f a the R1_per minimum zoningwelling in min- PPlied, permit zoning district code is not a variance issue. greater dwhich 2• The density and, thus, second condition dition. r waiver of b dimension ma cements. on east minimum of dwelt• not exceedro . r lot zn . is to 2 400 s of. A-1- north and south be cons a fit' no A. constructed within 5 feet rtidn n ro er. lines. of the the minimum floor Cit ' area is y Code of Or fiances n a Red Pursuant to the e in site air azOning district. is 12,500 sq. • • Pat Healy, Chairman September 19, 1989 Page 2 ft. , the front set back is 35 ft. ,setbacks are 12 feet and rear setba the s are 12 rfeetde . Building height is limited to 35 feet. Clarification is needed SQ requirement is beingto what specific our office's opinion that the board,Treiterate, it iso grant requests to vary if it seeks to the building code, the minimum requirements of toh surroundingbildig needs to provide specific notice Property owners as to what specific code section and requirements are request for a variance. involved in the accomplished byProper notice is not nomination/desi the conditions and notice of gnation. Further it is our opinion that Section 174. 20,for conditions, does contemplatewhich variances from the minimum requirements s heng code, without adequate notice of rsaidtdeviations.t zoning 3 . Third condition - 60 foot ri ht-of-wa condition. The Historic Preservation Board has been requested to grant a 60 foot right-of-way was required b y limit instead of 80 feet Historic y the County Thoroughfare. Plan. Preservation Board does The authority to grant this request. not have the addition, the Boardits' Inndaddit regarding at meeting sought to add buildings the architectural compatibilitya matter mayswith addressed building on the. site. of new ddressed via a Certificate of Appropriateness this can also be a condition_ of approval of the designation, it Board so desires. gnatinn, if the Please do not hesitate to contact me then discuss this matter-, if you would like to S . . cc Stan Weedon, Assistant Planning Director Pay Cayce, Historic Preservation Board. Charles Siemon,. Esq. • NOMINATION OF HISTORIC SITE DESIGNATION THE FOX HOUSE "Ocean Apple Estate" COMES NOW Roderick T. Wilson, owner of a parcel of land located at 610 N. Ocean Boulevard which is popularly known as the "Ocean Apple Estate" (hereinafter the "Subject Property"), and nominates the Subject Property for designation as an historic site to be known as the Fox House in accordance with the provisions of Chapter 174: Historic Preservation of the City of Delray Beach Code and in support thereof states as follows: 1) The Subject Property contains 2.5 acres more or less and is comprised of land on the oceanward and landward sides of State Road A-1-A. The Subject Property extends from the Atlantic Ocean to Andrews Boulevard. Figure 1 is an aerial photograph of the Subject Property. The legal description of the Subject Property is described in Exhibit A. 2) The Subject Property is improved with a two bedroom principal residence, garage, swimming pool and three small guest cottages. The improvements were designed by renowned architect John Volk and was originally constructed in 1934. The improvements to the Subject Property have been renovated in accordance with the architectural theme and character of the original design of the principal residence and the other improvements. 3) The history and significance of the Subject Property is as follows: The house located at 610 North Ocean Boulevard is significant because of its architectural style and because of the man who first owned the Property and the man who designed the improvements. The house was originally constructed for and owned by Fontaine Fox, a world-famous cartoonist. Designed by John Volk, it represents one of a few remaining "beach" cottages reflecting the Cape Cod bungalow style typical of houses built on North Ocean Boulevard from Delray/Gulfstream to Manalapan. The Owner: Fontaine Fox -- In 1933, Fontaine Fox began purchasing the land for what would be known as 610 North Ocean Boulevard. By 1934, he owned all of lots 1, 2, 3, 4 and the north half of lot 5 of Palm Beach Shore Acres. NOMINATION OF "OCEAN APPLE ESTATE" AS AN HISTORIC LANDMARK PAGE 1 The house itself is located on lot 3 and the north half of lot 4. Fontaine Fox commissioned John Volk, a personal friend, to design a house on North Ocean Boulevard. Fox, a cartoonist of both national and international acclaim, was best known for his cartoon "Toonerville Trolley". Launched in 1916, the cartoon was syndicated throughout the world, appearing in several languages. Born in 1884 in Louisville, Kentucky, Fox began his career as a cartoonist in grammar school, continuing throughout high school when he began working at the Louisville Herald as a reporter and cartoonist. After two years of study at the University of Indiana, where he studied and drew cartoons part-time, he returned to Kentucky to work at the Louisville Times until the Chicago Post gave him national recognition and distribution in 1915. Much of the small town subject matter for his cartoons came from people he knew in then suburban/rural Louisville. He moved to Delray in 1931, after having visited there in the 1920's. Fox, in coming to Delray, joined a number of well known artists and writers who -- by making Defray their home -- created an artists and writers colony. These people included the cartoonist Herb Roth (whose cartoons reflected life in Defray), Wood Cowan, writers Hugh McNair Kahler, Clarence Buddington Kelland, Nina Wilcox Putnam (whose articles published in Good Housekeeping magazine were illustrated by another Delray resident Anita Brown) and poet Edna St. Vincent Millay. Fox made his studio on the second floor of the Arcade Tap Room, the hub of winter activity in the town of Delray. He ultimately built two homes on North Ocean Boulevard. He was an accomplished golfer and the author of several books and articles, including a series which ran in many papers which was based on his narrow escape in 1939 from war-torn Europe. During the war he was a member of the Division of Pictorial Publicity. In 1951, Fontaine Fox sold the house at 610 North Ocean Boulevard to Alfred and Anne C. Hart. (Alfred died in 1958, and Anne C. Hart ultimately became Anne Hart Mott of the Mott Applesauce family.) Fox formally retired in 1954 and died at his home in Greenwich, Connecticut in 1964. The Delray Beach NOMINATION OF "OCEAN APPLE ESTATE" AS AN HISTORIC LANDMARK PAGE 2 Historical Society recently honored him at an exhibit shown at the "Cason Cottage" Museum. The Architect: John Volk -- In the late 1930's, Fontaine Fox, having had a long-term friendship with John Volk, commissioned him to design the house at 610 North Ocean Boulevard. Volk was also the architect of Fox's home just north of 610, as well as several others located in the immediate Delray/Gulfstream area including Ocean Boulevard, Seabreeze, and Palm Trail. Born in 1901 in Austria, Volk came to the United States when he was nine years old. He was a student at Columbia University School of Architecture as well as the world renowned Ecole des Beaux Arts in Paris. Volk continued to design homes until his death in 1984. John Volk arrived in Palm Beach in 1925 while Addison Mizner was building Spanish and Mediterranean style mansions for wealthy families. A prolific architect, he designed over 1,000 houses, theatres, and buildings all over the world. Some of the world's most powerful and wealthy people commissioned him to design their homes, including William Paley, George Vanderbilt, Henry Ford II, Herbert Pulitzer, Horace Dodge II, and John Phipps. Volk has often been called the last of the original Palm Beach architects which included Addison Mizner, Maurice Fatio, and Marion Sims Wyeth and Gustav Maas. Volk's homes, which number several hundred scattered along the coast, covered a broad range of designs from Spanish and Italian motifs to Normandy, Bermuda, Regent, Classical Oriental, bungalow, and what he called British Colonial. Known to have "broken the excesses" of the Mediterranean style after the Depression, Volk began designing British Colonial houses that could be built for forty-five cents a square foot versus two dollars per square foot for the Spanish mansions. He related in an article in Architectural Digest in 1972, "when the market crashed and the Depression followed, there wasn't a client in sight who wanted to build the elaborate Spanish house. Everyone was broke. Those who weren't, didn't want to make a show of their money." It was during this period that the houses along North Ocean Boulevard were designed. NOMINATION OF "OCEAN APPLE ESTATE"AS AN HISTORIC LANDMARK PAGE 3 Volk designed some of the most prominent buildings in the area, including the First National Bank building in Palm Beach, the Royal Poinciana Plaza and Playhouse (which opened in 1950, becoming the first new professional theatre to be built in the United States since the Ethel Barrymore and the Adelphi Theatres opened their doors in 1928), the galleries and theatre for the Society of the Four Arts, part of the Town Hall of Palm Beach, the Beach Club, Phipps Plaza, and Good Samaritan Hospital. In later years, he designed Paradise Island and was involved in early development of planned golf course communities such as Port Royale in Naples and Old Port Cove in North Palm Beach. During the Mott family's ownership, the southerly portions of the land seaward of State Road A-1-A were conveyed to the City of Delray Beach in support of a beach stabilization and renourishment program. Recently the City Commission of the City of Delray Beach voted to convey ten feet along the southerly border of the Subject Property east of State Road A-1-A back to the current property owner as a part of the property owner's proposal to plat a buildable lot on the east side of State Road A-1-A. 4) The Subject Property is appropriate for designation as an historic site because: a) The Subject Property is associated with the life or activities of a person of major importance to city, regional and national history in that the Subject Property served as a residence of famed cartoonist Fontaine Fox, a notable person in the history of the City of Delray Beach and the country based on his cartoon, "Toonerville Trolley." The Subject property also served as a residence for the Mott family of applesauce fame; b) The Subject Property exemplifies the social and historical trends of the community in that the principal residence represents a lifestyle, quality of life and architectural character that once typified seasonal living in South Florida; c) The principal residence on the Subject Property has architectural and aesthetic significance in that: i) The building portrays the materials and design of an era of distinctive architectural style, to wit, natural wood reflective of traditional cypress construction. The materials and design of the principal NOMINATION OF "OCEAN APPLE ESTATE" AS AN HISTORIC LANDMARK PAGE 4 residence are shown in Photographs 1-8 in Exhibit B attached to this Nomination; ii) The building reflects distinguishing characteristics of a style, period and method of construction, to wit, the building is reflective of traditional South Florida cypress homes that are no longer extant. The style, period and method of construction are shown in Photographs 1-8 in Exhibit B attached to this Nomination; iii) The building was designed by renowned Florida architect John Volk and represents one of the finest examples of this style and type of residential design by Mr. Volk. The architectural style of the principal building is shown in Photographs 1-8 in Exhibit B attached to this Nomination; and iv) The building contains design, detail, material and craftsmanship of an outstanding quality which represented, in its time, a significant innovation in adaptive design for the South Florida environment. The design, detail, material and craftsmanship of the principal building and the other improvements are shown in Photographs 1-8 in Exhibit B attached to this Nomination. 5) The Nomination is subject to the following proposed conditional zoning regulations pursuant to section 174.20(E)(2) of the City of Delray Beach Code: a) notwithstanding the fact that the minimum lot size requirements of the R- 1-AAA District and the existing number of platted lots that make up the Subject Property would allow more than three (3) dwelling units, the total number of dwelling units that can be developed on the Subject Property shall not exceed three (3). b) notwithstanding the minimum lot dimension requirements of the R-1-AAA District, a single family detached dwelling may be constructed on the Subject Property east of State Road A-1-A, provided that the dwelling is constructed within the area designated by building lines depicted on Exhibit C attached to this Nomination, to wit no portion of the dwelling is constructed within five (5) feet of the north and south property lines; and NOMINATION OF "OCEAN APPLE ESTATE"AS AN HISTORIC LANDMARK PAGE 5 c) notwithstanding any provision of the City of Delray Beach Code, the single family dwelling which may be constructed on the Subject Property east of State Road A-1-A through the Subject Property may not exceed twenty four hundred (2400) square feet; and d) notwithstanding any provision of the City of Delray Beach Code, the right- of-way of State Road A-1-A shall be sixty (60) feet and no reservation of right of way in excess of the east half of sixty (60) feet shall be required as a condition of development east of State Road A-1-A. 6) The conditional zoning regulations provided for in Paragraph 5 of this Nomination are necessary in order to provide the property owner with a financially viable means of securing the economically beneficial use of the Subject Property. The value of the land upon which the existing home is located as vacant land exceeds the value of the land as improved with the existing historical residence. The property owner may not in the future be able to maintain and preserve the existing principal residence on the Subject Property, in the absence of a means of deriving a reasonable economically beneficial use from the Subject Property through the construction of a single family dwelling east of State Road A-1-A. 7) The conditional zoning regulations provided for in Paragraph 5 are necessary because the Subject Property is unique in regard to a confluence of circumstances that render it potentially unbuildable under the current provisions of the R-1-AAA District. The construction of a single family dwelling on the land east of State Road A-1-A is nevertheless consistent with the goals and purposes of the City of Delray Beach Zoning Code. There is no other lot in the same zoning district that suffers from the same confluence of circumstances and the conditions and circumstances are peculiar to the Subject Property. These unique circumstances include: a) the property being the southernmost of a long series of oceanfront lots which are improved with residences, b) the granting of an easement for public beach use over a substantial portion of the lot in support of a public program of beach stabilization and renourishment, and NOMINATION OF "OCEAN APPLE ESTATE" AS AN HISTORIC LANDMARK PAGE 6 c) the establishment of an erosion control line divesting the owner of technical title to a substantial amount of land area between the mean high tide line and the erosion control line to which the property owner retains riparian rights. Moreover, a technical application of the provisions of existing ordinances would deprive the applicant of rights enjoyed by other properties in the same zoning district under the terms of existing ordinances. The objective of minimum lot size and minimum lot depth requirements is to ensure that there is a relationship between the density and scale of residential structures and the land. In the R-1-AAA zoning district, the ratio of land area to dwelling units is one dwelling unit per each 12,500 square feet of land area. That density is enjoyed by the owners of all land in the district except for the Subject Property because of the title fiat created by the establishment of the erosion control line. If one unit is permitted east of A-1-A, the ratio of residential structures to land would in fact be less than one dwelling unit per each 12,500 square feet when all of the land that was a part of the original estate but is now subject to the erosion control line and the public beach use easement is considered. Put plainly, the rights enjoyed by other property owners in the district are to have one home per 12,500 square feet of land area. Absent the conditional zoning regulations, the property owner will be deprived of the rights enjoyed by other properties in the same zoning district. But for the title divesting nature of the erosion control line, the lot would be buildable. Although title to the land seaward is vested in the State by virtue of the erosion control line, the State is expressly precluded from carrying out any development on the land. The landward property owner retains all riparian rights to the area seaward of the erosion control line other than title, with the result that the grant of the variance would do nothing more than make the land area to structure ratio on the Subject Property equal to that of other land in the district. The special conditions appurtenant to the Subject Property are the result of public initiatives in regard to beach access, use and renourishment, initiatives that the owners of the subject property have supported and contributed to by granting NOMINATION OF "OCEAN APPLE ESTATE"AS AN HISTORIC LANDMARK PAGE 7 . I n Ms. Susan Adeen Ruby September 7, 1989 Page 4 indicates that zoning reversions without compliance with procedural requirements are unlawful. I am, therefore, somewhat uncomfortable with these approaches when I consider them in comparison to what I believe is the clearauthority of Section 174.20(E) 2, assuming that the City Commission's action is properly noticed. In any event, I hope you understand that I am not trying to make your life difficult and I am only trying to find a way to accomplish what I understand to be beneficial to the City and to my clients. I have suggested to my clients that they proceed with the public hearing notice process on the assumption that if we are unable to find a creative way of linking the designation to the proposed conditional zoning regulations that they can withdraw the nomination or ask for a continuance. Again, thank you for your patience and consideration. If you have any ideas or would like to discuss the situation further, please give me a call. I will give you a call on Friday (I am going to be in Mobile, Alabama on Thursday. ) in hopes fhat a good idea will have materialized in the meantime. If you would like to discuss the situation today (Thursday) my partner, Wendy Larsen, is familiar with the situation and can be reached in our Chicago office at (312) 939-7117. Sincerely yours, Charles L. Siemon of beach access and use rights of way and acquiescing in the establishment of the erosion control line as a part of a renourishment program. A public policy that requires a property owner to object to a public program like beach access and renourishment in order to avoid the debilitating effects of"self-imposed hardship" is inconsistent with the goals, policies and objectives of any city. The owner did not cooperate in the public programs of beach access and renourishment in order to gain rights and privileges greater than those enjoyed by other property owners in the same zoning district; rather, the owner cooperated because he was asked to do so by the City of Delray Beach and he supported the City's objectives. But for the right-of-way grant for public beach access and use, and but for the establishment of an erosion control line as a part of a cooperative beach renourishment program, the land area that would be available in determining compliance with the minimum lot size requirements is more than 20,000 square feet. Indeed, a credible position can be taken that the lot is buildable under the City's Code because of the rights preserved to the upland owner in the statute establishing the erosion control line. The City of Delray Beach's Zoning Code is silent in regard to the nature and extent of ownership that is required for the inclusion of land in the land area calculation for minimum lot size requirements. Assuming that the underlying fee interest in the area over which a beach access and use right-of-way is impressed is vested in the subject property's owner, it can be argued that the land area in which the owner has exclusive rights to use the area for minimum lot size purposes is in excess of 20,000 square feet. The conveyance to the City of Delray Beach for public beach access states unequivocally that it is a conveyance of a "right-of-way" which by operation of law is not sufficient to convey fee simple, at least theoretically leaving the land area a part of the subject property. Ordinarily when an easement for utilities is granted across a lot, that does not mean that the land area subject to the easement is excluded from minimum lot size calculations. Moreover, while title to the land seaward of the erosion control line is vested in the state by operation of statute, the state is prohibited from developing NOMINATION OF "OCEAN APPLE ESTATE" AS AN HISTORIC LANDMARK PAGE 8 the property and the upland property owner retains all riparian rights other than legal title. In that the land area to the east of the erosion control line cannot be used for lot size calculations by any person other than the owner of the riparian rights, absent an express provision in the Code requiring that all land area considered in computing compliance with the minimum lot area requirement be owned in fee simple, the interest owned by the upland owner is arguably sufficiently expansive and exclusive to qualify for consideration in determining compliance with minimum lot size requirements. 8) The property owner believes that other property owners and interested citizens of the City of Delray Beach are in support of the designation of the Subject Property as an historic site and the construction of a single family dwelling on the east side of State Road A-i-A. WHEREFORE, Roderick T. Wilson, owner of the Subject Property prays that: 1) the Delray Beach Historic Preservation Board: a) conduct a preliminary evaluation of this Nomination and that the Board find that the Nomination of the Subject Property conforms to the historic status criteria defined in Chapter 174 of the City of Delray Beach Code; b) prepare a designation report in accordance with the requirements of Section 174.20(E) of the City of Delray Beach Code incorporating the boundaries of the Subject Property and the conditional zoning regulations set out in this Nomination; c) set, give notice of and hold a public hearing in regard to the Nomination of the Subject Property to be designated as an historic site; d) after the public hearing in regard to the Nomination of the Subject Property to be designated an historic site, find that the Nomination fulfills the criteria for designation and vote to transmit the Nomination and its finding and recommendation for final approval of the designation of the Subject Property as an historic site subject to the conditional zoning regulations to the City Commission of the City of Delray Beach; and 2) the City Commission of the City of Dekay Beach: NOMINATION OF 'OCEAN APPLE ESTATE"AS AN HISTORIC LANDMARK PAGE 9 • a) hold a public hearing concerning the recommendation for designation of the Subject Property as an historic site subject to the conditional zoning regulations set out in this Nomination; b) approve,the designation of the Subject Property as an historic site subject to the conditional zoning regulations set out in this Nomination by a majority vote of at least three members of the Commission; c) direct that the designation of the Subject Property as an historic site subject to the conditional zoning regulations set out in this Nomination be placed and appear on the Official Zoning Map of the City of Delray Beach. Res ectfully submitted, harles L. Siemon, agent for Roderick T. Wilson, DATE: September 1, 1989 Owner of Ocean Apple Estate NOMINATION OF "OCEAN APPLE ESTATE" AS AN HISTORIC LANDMARK PAGE 10 -10 � LAW OFFICES Siemon, Larsen & Purdy MIZNER ADMINISTRATION BUILDING 2 EAST CAMINO REAL BOCA RATON,FLORIDA 33432-6106 DEARBORN STATION TELEPHONE 407-368-3808 SUITE 5700 47 WEST POLK STREET 4000 MacARTHUR BOULEVARD CHICAGO,ILLINOIS 60605-2030 • NEWPORT BEACH,CALIFORNIA 92660-2516 312-939-7117 714-752-1538 August 31, 1989 BY MESSENGER Ms. Susan Adeen Ruby Assistant City Attorney City of Delray Beach 310 Southeast First Street Suite 4 Delray Beach, Florida 33483 Re: Nomination of the "Fontaine Fox House" (aka "Ocean Apple Estate") as an historic site pursuant to Chapter 174: Historic Preservation of the City of Delray Code Dear Susan: I tried to reach you late Thursday afternoon in regard to a scheduling issue that has arisen in regard to the above captioned matter. Through a series of conversations involving Clemmer Mayhew, Pat Cayce and our office, my clients Joyce Costomiris Wilson and Rod Wilson were led to understand the meeting scheduled for September 15, 1989 would be a public hearing at which the Historic Preservation Board would take action on their nomination of their home as an historic site and in reliance on that understanding have rescheduled a number of matters so that they can be in attendance at the meeting. At my appearance in front of the Board on Tuesday, I understood that the matter would be considered on the 15th and that notice was going to be given 10 days in advance of the meeting. Today we learned from Pat Cayce that she did not believe that the notice could be given in time for the September 15th meeting and that the actual vote on the designation would have to take place in October. I importuned Ms. Cayce to pursue every opportunity to have the nomination considered on the 15th and she suggested I communicate with you in regard to the notice requirements. The situation is as follows. We are, today, delivering the following materials to Pat Cayce: 1 Ms. Susan Adeen Ruby August 31, 1989 Page 2 1) 15 copies of our clients' Nomination of the "Fontaine Fox House" as an historic site pursuant to Chapter 174 of the City of Delray Code; 2) 15 copies of a proposed "designation report" for the proposed designation in a form consistent with prior designation reports prepared by the Board; 3) a proposed newspaper notice of a public hearing to be held by the Board on September 15 to consider the nomination of the "Fontaine Fox House" as an historic site; 4) a list of all property owners within a 300 foot radius of the property proposed to be designated as an historic site (prepared by the Tax Assessor's office) ; 5) stamped, addressed envelopes to each of the property owners within a 300 foot radius of the property proposed to be designated as an historic site; and 6) written notices (one for each property owner) of the public hearing to be held by the Board on September 15, 1989 to consider the nomination of the "Fontaine Fox House" as an historic site. I have reviewed the requirements of Chapter 174 and believe that notice can be timely given provided that newspaper notice can appear in the paper on Tuesday, September 5, 1989 and provided that the nomination and proposed designation report satisfy the requirements of section 174.20 of the Code. As I read section 174.21, the Board is required to give notice of a public hearing on the proposed designation (after the designation report is prepared) . Notice is required to be served by mail on all property owners within 300 feet of the proposed historic site and published in a newspaper of general circulation in the City at least ten days prior to the date of the hearing (September 5, 1989) . All property owners within a 300- foot radius of the nominated site or district will be notified of the public hearing by mail to the last known address of the party being served. However, failure to receive such notice shall not invalidate the notice or hearing. Such notice shall also be provided by publishing a copy thereof in a newspaper of general circulation in the city at Ms. Susan Adeen Ruby August 31, 1989 Page 3 least ten days prior to the date of the hearing. It is our hope that by supplying all of the above described materials to the Ms. Casey that it will be possible to go forward on September 15, 1989. I believe that if notice is given as provided for in the submitted materials, the Board will have complied with each and every requirement of Chapter 174 and that the public hearing on the 15th will be proper. I will try to call you first thing in the morning to discuss the situlation and hope that you will not have any problems with this schedule. Thank you for your assistance and cooperation. Sincerely, Charles L. Siemon cc: Ms. Pat Cayce LAW OFFICES Siemon, Larsen & Purdy MIZNER ADMINISTRATION BUILDING 2 EAST CAMINO REAL BOCA RATON,FLORIDA 33432-6106 DEARBORN STATION TELEPHONE 407-368-3808 SUITE 5700 47 WEST POLK STREET 4000 MacARTHUR BOULEVARD CHICAGO,ILLINOIS 60605-2030 NEWPORT BEACH,CALIFORNIA 92660-2516 312-939-7117 714-752-1538 September 15, 1989 Ms. Patricia Cayce Historic Preservation Planner 100 Northwest First Avenue Delray Beach, Florida 33444 RE: Wilson House Nomination Dear Pat: Attached you will find a revised nomination to be inserted in place of the one you have. Charlie Siemon gave me some minor editorial changes, which I have made in this copy. Please make sure the file copy is replaced with this version. My thanks in advance for your help. If there are any questions or comments, please do not hesitate to contact me. Very truly yours, Lee D. Einsweiler, AICP Planner •. CITY OF DELRAY BEACH CITYATTORNEY'S OFFICE 310 S.E. 1st 407/243-7090TE ORIDA 33483 TELECOPIER 407/2 g-47 MEMORANDUM Date: July 7, 1989 To: Stan Weedon, Assistant. Planning Director From: Susan A. Ruby, Assistant City Attorney Subject: Wilson Historic Site Designation T. have received the enclosed materials from Charles Siemon, attorney for the Wilson' s, for processing. Please pay close attention to the conditional zoning regulations on pages 5 through 9. It is my opinion that zoning regulations that are less than the minimums prescribed in the zoning code, must be approved by a variance procedure. SAR:ci • ' y NOMINATION OF HISTORIC SITE DESIGNATION THE FOX HOUSE "Ocean Apple Estate" COMES NOW Roderick T. Wilson, owner of a parcel of land located at 610 N. Ocean Boulevard which is popularly known as the "Ocean Apple Estate" (hereinafter the "Subject Property"), and nominates the Subject Property for designation as an historic site to be known as the Fox House in accordance with the provisions of Chapter 174: Historic Preservation of the City of Delray Beach Code and in support thereof states as follows: 1) The Subject Property contains 2.5 acres more or less and is comprised of land on the oceanward and landward sides of State Road A-1-A. The Subject Property extends from the Atlantic Ocean to Andrews Boulevard. Figure 1 is an aerial photograph of the Subject Property. The legal description of the Subject Property is described in Exhibit A. 2) The Subject Property is improved with a two bedroom principal residence, garage, swimming pool and three small guest cottages. The improvements were designed by renowned architect John Volk and was originally constructed in 1934. The improvements to the Subject Property have been renovated in accordance with the architectural theme and character of the original design of the principal residence and the other improvements. 3) The history and significance of the Subject Property is as follows: The house located at 610 North Ocean Boulevard is significant because of its architectural style and because of the man who first owned the Property and the man who designed the improvements. The house was originally constructed for and owned by Fontaine Fox, a world-famous cartoonist. Designed by John Volk, it represents one of a few remaining "beach" cottages reflecting the Cape Cod bungalow style typical of houses built on North Ocean Boulevard from Delray/Gulfstream to Manalapan. The Owner: Fontaine Fox -- In 1933, Fontaine Fox began purchasing the land for what would be known as 610 North Ocean Boulevard. By 1934, he owned all of lots 1, 2, 3, 4 and the north half of lot 5 of Palm Beach Shore Acres. NOMINATION OF 'OCEAN APPLE ESTATE"AS AN HISTORIC LANDMARK PAGE 1 The house itself is located on lot 3 and the north half of lot 4. Fontaine Fox commissioned John Volk, a personal friend, to design a house on North Ocean Boulevard. Fox, a cartoonist of both national and international acclaim, was best known for his cartoon "Toonerville Trolley". Launched in 1916, the cartoon was syndicated throughout the world, appearing in several languages. Born in 1884 in Louisville, Kentucky, Fox began his career as a cartoonist in grammar school, continuing throughout high school when he began working at the Louisville Herald as a reporter and cartoonist. After two years of study at the University of Indiana, where he studied and drew cartoons part-time, he returned to Kentucky to work at the Louisville Times until the Chicago Post gave him national recognition and distribution in 1915. Much of the small town subject matter for his cartoons came from people he knew in then suburban/rural Louisville. He moved to Delray in 1931, after having visited there in the 1920's. Fox, in coming to Delray, joined a number of well known artists and writers who -- by making Delray their home -- created an artists and writers colony. These people included the cartoonist Herb Roth (whose cartoons reflected life in Delray), Wood Cowan, writers Hugh McNair Kahler, Clarence Buddington Kelland, Nina Wilcox Putnam (whose articles published in Good Housekeeping magazine were illustrated by another Delray resident Anita Brown) and poet Edna St. Vincent Millay. Fox made his studio on the second floor of the Arcade Tap Room, the hub of winter activity in the town of Delray. He ultimately built two homes on North Ocean Boulevard. He was an accomplished golfer and the author of several books and articles, including a series which ran in many papers which was based on his narrow escape in 1939 from war-torn Europe. During the war he was a member of the Division of Pictorial Publicity. In 1951, Fontaine Fox sold the house at 610 North Ocean Boulevard to Alfred and Anne C. Hart. (Alfred died in 1958, and Anne C. Hart ultimately became Anne Hart Mott of the Mott Applesauce family.) Fox formally retired in 1954. and died at his home in Greenwich, Connecticut in 1964. The Delray Beach NOMINATION OF "OCEAN APPLE ESTATE"AS AN HISTORIC LANDMARK PAGE 2 • Historical Society recently honored him at an exhibit shown at the "Cason Cottage" Museum. The Architect: John Volk -- In the late 1930's, Fontaine Fox, having had a long-term friendship with John Volk, commissioned him to design the house at 610 North Ocean Boulevard. Volk was also the architect of Foxes home just north of 610, as well as several others located in the immediate Delray/Gulfstream area including Ocean Boulevard, Seabreeze, and Palm Trail. Born in 1901 in Austria, Volk came to the United States when he was nine years old. He was a student at Columbia University School of Architecture as well as the world renowned Ecole des Beaux Arts in Paris. Volk continued to design homes until his death in 1984. John Volk arrived in Palm Beach in 1925 while Addison Mizner was building Spanish and Mediterranean style mansions for wealthy families. A prolific architect, he designed over 1,000 houses, theatres, and buildings all over the world. Some of the world's most powerful and wealthy people commissioned him to design their homes, including William Paley, George Vanderbilt, Henry Ford II, Herbert Pulitzer, Horace Dodge II, and John Phipps. Volk has often been called the last of the original Palm Beach architects which included Addison Mizner, Maurice Fatio, and Marion Sims Wyeth. In 1926, he formed a partnership with Gustav Maas which lasted almost ten years. Volk's homes, which number several hundred scattered along the coast, covered a broad range of designs from Spanish and Italian motifs to Normandy, Bermuda, Regent, Classical Oriental, bungalow, and what he called British Colonial. Known to have "broken the excesses" of the Mediterranean style after the Depression, Volk began designing British Colonial houses that could be built for forty-five cents a square foot versus two dollars per square foot for the Spanish mansions. He related in an article in Architectural Digest in 1972, "when the market crashed and the Depression followed, there wasn't a client in sight who wanted to build the elaborate Spanish house. Everyone was broke. Those who weren't, didn't want to make a show of their money." It was during this period that the houses along North Ocean Boulevard were designed. NOMINATION OF "OCEAN APPLE ESTATE"AS AN HISTORIC LANDMARK PAGE 3 Volk designed some of the most prominent buildings in the area, including the . First National Bank building in Palm Beach, the Royal Poinciana Plaza and Playhouse (which opened in 1950, becoming the first new professional theatre to be built in the United States since the Ethel Barrymore and the Adelphi Theatres opened their doors in 1928), the galleries and theatre for the Society of the Four Arts, part of the Town Hall of Palm Beach, the Beach Club, Phipps Oenza, and Good Samaritan Hospital. In later years, he designed Paradise Island and was involved in early development of planned golf course communities such as Port Royale in Naples and Old Port Cove in North Palm Beach. During the Mott family's ownership, the southerly portions of the land seaward of State Road A-1-A were conveyed to the City of Delray Beach in support of a beach stabilization and renourishment program. Recently the City Commission of the City of Delray Beach voted to convey ten feet along the southerly border of the Subject Property east of State Road A-1-A back to the current property owner as a part of the property owner's proposal to plat a buildable lot on the east side of State Road A-1-A. 4) The Subject Property is appropriate for designation as an historic site because: a) The Subject Property is associated with the life or activities of a person of major importance to city, regional and national history in that the Subject Property served as a residence of famed cartoonist Fontaine Fox, a notable person in the history of the City of Delray Beach and the country based on his cartoon, "Toonerville Trolley." The Subject property also served as a residence for the Mott family of applesauce fame; b) The Subject Property exemplifies the social and historical trends of the community in that the principal residence represents a lifestyle, quality of life and architectural character that once typified seasonal living in South Florida; c) The principal residence on the Subject Property has architectural and aesthetic significance in that: i) The building portrays the materials and design of an era of distinctive architectural style, to wit, natural wood reflective of traditional cypress construction. The materials and design of the principal NOMINATION OF "OCEAN APPLE ESTATE" AS AN HISTORIC LANDMARK PAGE 4 residence are shown in Photographs 1-8 in Exhibit B attached to this f Nomination; ii) The building reflects distinguishing characteristics of a style, period and method of construction, to wit, the building is reflective of traditional South Florida cypress homes that are no longer extant. The style, period and method of construction are shown in Photographs 1-8 in Exhibit B attached to this Nomination; iii) The building was designed by renowned Florida architect John Volk and represents one of the finest examples of this style and type of residential design by Mr.Volk. The architectural style of the principal building is shown in Photographs 1-8 in Exhibit B attached to this Nomination; and iv) The building contains design, detail, material and craftsmanship of an outstanding quality which represented, in its time, a significant innovation in adaptive design for the South Florida environment. The design, detail, material and craftsmanship of the principal building and the other improvements are shown in Photographs 1-8 in Exhibit B attached to this Nomination. 5) The Nomination is subject to the following proposed conditional zoning regulations pursuant to section 174.20(E)(2) of the City of Delray Beach Code: a) notwithstanding the fact that the minimum lot size requirements of the R- 1-AAI4District and the existing number of platted lots that make up the Subject Property would allow more than three (3) dwelling units, the total number of dwelling units that can be developed on the Subject Property shall not exceed three (3). b) notwithstanding the minimum lot dimension requirements of the R-1-AAf3- District, a single family detached dwelling may be constructed on the Subject Property east of State Road A-1-A, provided that the dwelling is constructed within the area designated by building lines depicted on Exhibit C attached to this Nomination, to wit no portion of the dwelling is constructed within five (5) feet of the north and south property lines; and NOMINATION OF "OCEAN APPLE ESTATE"AS AN HISTORIC LANDMARK PAGE 5 c) notwithstanding any provision of the City of Delray Beach Code, the single family dwelling which may be constructed on the Subject Property east of State Road A-1-A through the Subject Property may not exceed twenty four hundred (2400) square feet; and d) notwithstanding any provision of the City of Delray Beach Code, the right- of-way of State Road A-1-A shall be sixty (60) feet and no reservation of right of way in excess of the east half of sixty (60) feet shall be required as a condition of development east of State Road A-1-A. 6) The conditional zoning regulations provided for in Paragraph 5 of this Nomination are necessary in order to provide the property owner with a financially viable means of securing the economically beneficial use of the Subject Property. The value of the land upon which the existing home is located as vacant land exceeds the value of the land as improved with the existing historical residence. The property owner may not in the future be able to maintain and preserve the existing principal residence on the Subject Property, in the absence of a means of deriving a reasonable economically beneficial use from the Subject Property through the construction of a single family dwelling east of State Road A-1-A. 7) The conditional zoning regulations provided for in Paragraph 5 are necessary because the Subject Property is unique in regard to a confluence of circumstances that render it potentially unbuildable under the current provisions of the R-1-AA District. The construction of a single family dwelling on the land east of State Road A-1-A is nevertheless consistent with the goals and purposes of the City of Delray Zoning Beach Code. There is no other lot in the same zoning district that suffers from the same confluence of circumstances and the conditions and circumstances are peculiar to the Subject Property. These unique circumstances include: a) the property being the southernmost of a long series of oceanfront lots which are improved with residences, b) the granting of an easement for public beach use over a substantial portion of the lot in support of a public program of beach stabilization and renourishment, and NOMINATION OF "OCEAN APPLE ESTATE" AS AN HISTORIC LANDMARK PAGE 6 • c) the establishment of an erosion control line divesting the owner of technical title to a substantial amount of land area between the mean high tide line and the erosion control line to which the property owner retains riparian rights. Moreover, a technical application of the provisions of existing ordinances would deprive the applicant of rights enjoyed by other properties in the same zoning district under the terms of existing ordinances. The objective of minimum lot size and minimum lot depth requirements is to ensure that there is a relationship between the density and scale of residential structures and the land. In the R-1-AA zoning district, the ratio of land area to dwelling units is one dwelling unit per each 12,500 square feet of land area. That density is enjoyed by the owners of all land in the district except for the Subject Property because of the title fiat created by the establishment of the erosion control line. If one unit is permitted east of A-1-A, the ratio of residential structures -Po— land would in fact be less than one dwelling unit per each 12,500 square feet when all of the land that was a part of the original estate but is now subject to the erosion control line and the public beach use easement is considered. Put plainly, the rights enjoyed by other property owners in the district are to have one home per 12,500 square feet of land area. Absent the conditional zoning regulations, the property owner will be deprived of the rights enjoyed by other properties in the same zoning district. But for the title divesting nature of the erosion control line, the lot would be buildable. Although title to the land seaward is vested in the State by virtue of the erosion control line, the State is expressly precluded from carrying out any development on the land. The landward property owner retains all riparian rights to the area seaward of the erosion control line other than title, with the result that the grant of the variance would do nothing more than make the land area to structure ratio on the Subject Property equal to that of other land in the district. The special conditions appurtenant to the Subject Property are the result of public initiatives in regard to beach access, use and renourishment, initiatives that the owners of the subject property have supported and contributed to by granting NOMINATION OF "OCEAN APPLE ESTATE"AS AN HISTORIC LANDMARK PAGE 7 • of beach access and use rights of way and acquiescing in the establishment of the • erosion control line as a part of a renourishment program. A public policy that requires a property owner to object to a public program like beach access and renourishment in order to avoid the debilitating effects of"self-imposed hardship" is inconsistent with the goals, policies and objectives of any city. The owner did not cooperate in the public programs of beach access and renourishment in order to gain rights and privileges greater than those enjoyed by other property owners in the same zoning district; rather, the owner cooperated because he was asked to do so by the City of Delray Beach and he supported the City's objectives. But for the right-of-way grant for public beach access and use, and but for the establishment of an erosion control line as a part of a cooperative beach renourishment program, the land area that would be available in determining compliance with the minimum lot size requirements is more than 20,000 square feet. Indeed, a credible position can be taken that the lot is buildable under the City's Code because of the rights preserved to the upland owner in the statute establishing the erosion control line. The City of Delray Beach's Zoning Code is silent in regard to the nature and extent of ownership that is required for the inclusion of land in the land area calculation for minimum lot size requirements. Assuming that the underlying fee interest in the area over which a beach access and use right-of-way is impressed is vested in the subject property's owner, it can be argued that the land area in which the owner has exclusive rights to use the area for minimum lot size purposes is in excess of 20,000 square feet. The conveyance to the City of Delray Beach for public beach access states unequivocally that it is a conveyance of a "right-of-way" which by operation of law is not sufficient to convey fee simple, at least theoretically leaving the land area a part of the subject property. Ordinarily when an easement for utilities is granted across a lot, that does not mean that the land area subject to the easement is excluded from minimum lot size calculations. Moreover, while title to the land seaward of the erosion control line is vested in the state by operation of statute, the state is prohibited from developing NOMINATION OF "OCEAN APPLE ESTATE" AS AN HISTORIC LANDMARK PAGE 8 the property and the upland property owner retains all riparian rights other than legal title. In that the land area to the east of the erosion control line cannot be used for lot size calculations by any person other than the owner of the riparian rights, absent an express provision in the Code requiring that all land area considered in computing compliance with the minimum lot area requirement be owned in fee simple, the interest owned by the upland owner is arguably sufficiently expansive and exclusive to qualify for consideration in determining compliance with minimum lot size requirements. 8) The property owner believes that other property owners and interested citizens of the City of Delray Beach are in support of the designation of the Subject Property as an historic site and the construction of a single family dwelling on the east side of State Road A-i-A. WHEREFORE, Roderick T. Wilson, owner of the Subject Property prays that: 1) the Delray Beach Historic Preservation Board: a) conduct a preliminary evaluation of this Nomination and that the Board find that the Nomination of the Subject Property conforms to the historic status criteria defined in Chapter 174 of the City of Delray Beach Code; b) prepare a designation report in accordance with the requirements of Section 174.20(E) of the City of Delray Beach Code incorporating the boundaries of the Subject Property and the conditional zoning regulations set out in this Nomination; c) set, give notice of and hold a public hearing in regard to the Nomination of the Subject Property to be designated as an historic site; d) after the public hearing in regard to the Nomination of the Subject Property to be designated an historic site, find that the Nomination fulfills the criteria for designation and vote to transmit the Nomination and its finding and recommendation for final approval of the designation of the Subject Property as an historic site subject to the conditional zoning regulations to the City Commission of the City of Delray Beach; and 2) the City Commission of the City of Delray Beach: NOMINATION OF "OCEAN APPLE ESTATE" AS AN HISTORIC LANDMARK PAGE 9 • • a) hold a public hearing concerning the recommendation for designation { r of the Subject Property as an historic site subject to the conditional zoning regulations set out in this Nomination; b) approve the designation of the Subject Property as an historic site subject to the conditional zoning regulations set out in this Nomination by a majority vote of at least three members of the Commission; c) direct that the designation of the Subject Property as an historic site subject to the conditional zoning regulations set out in this Nomination be placed and appear on the Official Zoning Map of the City of Delray Beach. Res ectfully submitted, harles L. Siemon, agent for Roderick T. Wilson, DATE: September 1, 1989 Owner of Ocean Apple Estate NOMINATION OF "OCEAN APPLE ESTATE"AS AN HISTORIC LANDMARK PAGE 10 EXHIBIT LIST THE FOX HOUSE Ocean Apple Estate Figure 1: Aerial Photograph of the Subject Property A. Legal Description of Subject Property B. Photographic Documentation of Subject Property C. Proposed Building Lines for Oceanfront Lot D. Authorized Agent Form J J NOMINATION OF "OCEAN APPLE ESTATE"AS AN HISTORIC LANDMARK PAGE 11 08i29i89 11Ib $ 40% 3bd 4008 Stemon . Larsen 02 • • • K • hi WIS RX ZATI ON MMtt ++ a COA *� Oa+ner(a) o! Records k0-e 2 LZ) T_ LA))4E-49J STATE or FLORIDA COUNTY OF PALM BEACH 01)� RE`gp���,�1Sa, , th undersigned authority, personally appeared ( (� �.K who,sW77gErfraralily sworn upon oath and persona, knowledge 'lava *ha* *hay *vim n1.11..aw4 •3 ..4 w m.mip& ++d 41+.• 4..11�+.'iw•4 described real property:_, the r street Wrote,' of which is ,�/o ill. oc-e-4 ) 13/vD. ,, � J . . . , Ft . and that we hereby appoint" Name: Address: — "'— TO ep one o.�_ as our authorized agent, to file any and all papers with respect to Appeal 1 , with the City of Delray Beach . Historic Preservation Boar , and to represent me (us) at any Hearing regarding this appeal. 1 , W (dpvl (SEAL) (SEAL) (SIAL) T91101(T o Al D SUBSCRIBED before me this 2 '/ ay of Al/lialL*6'• l Sriof N,AcvW r! • can aissi a Expires:/2/SAT 10 11/81 t NOTICE OF PUBLIC HEARING The City of Delray Beach Historic Preservation Board will consider the designation of approximately 2.5 acres of land located at 610 N. Ocean Boulevard in the City of Delray Beach ,as an historic site subject to certain proposed conditional zoning regulations, pursuant to Chapter 174 of the City of Delray Beach's Code, at a ' public hearing to be conducted at 9:00 a.m. in the Commission Chambers in City Hall in the City of Delray Beach. All interested persons are invited to attend and will be given an opportunity to be heard at the public hearing. Copies of the proposed nomination of the property for historic site designation and designation report may be obtained from the Historic Preservation Planner in City Hall. • Memo From PATRICIA CAYCE Historic Preservation Planner COMMIJNITY IMPROVEMENT DEPARTMENT To: 'Date: Wendy Barnhart August 24,1989 Wendy, this is the agent authorization form. It will be necessary for Joyce Wilson to appoint Mr Siemons her agent. Her signature must be notarized. Be sure Mr. Siemons brings it to the meeting. Thanks. ---. .. -,-.-- . - • • ITY OF DELRA� BEACH ) CITYATTORNEY'S OFFICE 310 S.E. 1st 4STREET,07/243-7090TE FLORIDA33483 TELECOPIER 407/2 8 S October 3, 1989 Charles Siemon, Esq. Mizner. Administration Building 2 East Camino Real Boca Raton, FL 3 3432•-8106 Subject : Transmittal of Ordinance Designating Ocean Apple Estates Dear Mr. Siemon: Enclosed please find a copy of the final ordinance which will be placed on the City Commission agenda of October 10, 1989 and October 24, 1989 for approval . Sincerely, OFFICE. OF THE CITY ATTORNEY CITX IOF ELRAY BEACH; FLORIDA _ By: , 9 /iN • i S`c�san A. Ruby, Esq. / Assistant City Attor y SAR:ci Enclosure bcc Stan Weedon, Planning and Zoning ARE C ENED CTD41939 AGENDA REQUEST Date: OCTOBER 3, 1989 Request for: Workshop Date XX Regular Date OCTOBER 10. 1989 Consent Date Special Date Description of item: An ordinance designating Ocean Apple Estates (610 N. Ocean Boulevard) as a Local Historic Site. The pooposed ordinae also includes sunset provisions which provide for automatic expiration if certain specific variances are not approved by the Historic Preservation Board within 60 days of approval • • of this ordinance. (Attach detail description if necessary) Recommendation: The Historic Preservation Board recommends approval of the designation and implementing ordinance. Approximate Cost not to Exceed Funds Available in: Signature of requesting Department Head : Finance Director: Preparation of Ordinance Resolution 4s' Ms. McCarty stated she is in agreement with the City Attorney' s Office that they not go forward until the Commission authorizes it. Ms. McCarty moved to approve payment of the legal fees , second- ed by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - No; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Ms . `'Br'ainerd stated she is not arguing the fact that they have authorization, legally, to provide attorney services for any City employee when they are sued for actions taken in the line of duty. Her only objection to this claim is that she feels it is premature; this individual was not sued and he solicited attorney' s fees outside of that scope of responsibility. At this point the roll was called to the motion. CONSENT AGENDA The following items were considered by the Commission as, the Consent Agenda: 29 . Request for Payment of Legal Fees. The Commission _is to consider a request for payment of legal fees in conjunction with the Palm Beach Newspapers, Inc. vs. Charles Kilgore case . This request is for fees in the amount of $3 , 622 to be paid to the attorney for Palm Beach Newspapers, Inc. , as mandated by the ,Public Records Statute. Approval is recommended, subject to determination that the fee amount is reasonable. 30 . Ratification of Chamber of Commerce Appointment to the Human Relations Committee. The Commission is to consider ratifying the Chamber of Commerce appointment of Dr. Jay Alperin to the Human Rela- tions Committee to a term ending March 15, 1990 . 31 . Ratification of Amendment to Interlocal Agreement. The Commis- sion is to consider ratification of amendment to interlocal agreement between the City and City of Boynton Beach adopting the standards for discharge of wastewater as specified in the Industrial Waste and Pre- treatment Agreement. Approval is recommended. 32 . Ratification of First Amendment to Industrial Waste and Pre- treatment Agreement. The Commission is to consider ratification of amendment to Industrial Waste and Pretreatment agreement which sets the limits on disposal of hazardous chemicals into the wastewater system to meet the Environmental Protection Agency' s standards. Approval is recommended. 33 . Ratification of Change Order No. 2 - City Hall Expansion Project. The Commission is to consider approving Change Order No. 2 in the amount of $37,969 . This change represents an increase in contract for proposed interior changes. Additionally, a seven calendar day time extension is requested to implement those changes . The Interim City Manager recommends approval with funding from the 1987 Utility Tax Bond interest earnings . 34 . Final Plat Approval. The Commission is to consider approval of final plat for Royal Commercial Park of Delray (R&N) located on the east side of Congress Avenue behind the Exxon Station on Atlantic Avenue. Approval is recommended. F' n.al Plat Approval. , The Commission is to consider approval Feun:. ...re Fox House (Ocean Apple Estates) located on North Ocean between N.E. 8th Street and Beach Drive , extending from the Atlantic Ocean to Andrews Avenue. Approval is recommended. 36 . Temporary Tent Permit. The Commission is to consider approving a temporary tent permit for the Delray Beach Historical Society to erect a tent on the grass west of Cason Cottage , from December 1 - 4 , 1989 , -11- 11/28/89 PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 66-89 is on file in the official Ordi- nance Bo. ) Th. City Attorney read the caption of the ordinance. A public hearing was -ld having been legally advertised in compliance with the laws of the S . •te of Florida and the Charter of the City of Delray Beach, Florida. Julius B. owner, representing Rothchild' s Restaurant, re- quested that the Co ' ssion grandfather in the restaurant' s 5 : 00 A.M. license into the annex. ' on ordinance. The public hearin• was closed. Mr. Weatherspoon star . he had previously requested that staff look into the operation of thi\' acuity and does not recall receiving any response. He suggested tha his request be handled in the same manner as that of Cymbal' s when the . were annexed into the City. Ms . McCarty commented this similar to another facility annexed recently in that it is a water vice agreement that is being executed and not an Enclave Act like Cymba ',, _ . Ms . Brainerd commented that the Comm ion has no problem with the establishment remaining open until 5 : 00 A. , and serving food; but the liquor must end at 2 : 00 A.M. Ms . Brainerd moved for the adoption of Or. •ance No. 66-89 on Second and FINAL Reading, seconded by Mr. Andrews. .n roll call the Commission voted as follows: Mr. Andrews - Yes; Ms . Bra . .erd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 70-89 . Ordinance No. 70-89 , designating property located at 610 North Ocean Boulevard (Fontaine Fox House) as a local Historic Site, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Interim City Manager presented Ordinance No. 70-89 : AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE FONTAINE FOX HOUSE LOCATED AT 610 N. OCEAN BOULEVARD, WHICH IS MORE FULLY DESCRIBED IN EXHIBIT 1 TO THIS ORDI- NANCE, AS A LOCAL HISTORIC SITE; PROVIDING FOR CERTAIN REQUIREMENTS OF DESIGNATION; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER SAID DESIGNATION; PROVIDING A NON-SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR A SUNSET PROVISION. (Copy of Ordinance No. 70-89 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 7 0-8 9 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms . McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes . Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: -6- 10/24/89 The City Attorney advised the approval would then require a change in the name throughout the body of the ordinance. At this point the roll was called to the motion. 11 . Resolution No . 78-89 . Resolution No. 78-89 , transferring the cable - evision franchise from Sunbelt-Denntronics Limited to National Cable Li ' ted, is before the Commission for consideration. Prior to considera ' on of passage of this resolution a public hearing has been scheduled be held at this time. The ' nterim City Manager presented Resolution No. 78-89 : A RESO UTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, ORIDA, AUTHORIZING THE TRANSFER OF CABLE TELEVI- SION FRA CHISE FROM SUNBELT-DENNTRONICS CABLE LTD. , ALSO KNOWN AS •TIONAL CABLE, TO NATIONAL CABLE, INC. (Copy of R= olution No. 78-89 is on file in the official Resolution Book) The City Attorney read the caption of the resolution. A public hearing was held having seen legally advertised in compliance with the laws of the State of Flo ida and the Charter of the City of Delray Beach, Florida. Patrick Casey, Atto ey for both Sunbelt-Denntronics, Ltd. and National Cable, Ltd. , stated his is simply a change of business form and should have no impact on s- vices. The public hearing was • osed. Mr. Weatherspoon moved or the adoption of Resolution No. 78-89, seconded by Mr. Andrews. Up.n roll call the Commission voted as follows: Mr. Andrews - Yes; Ms . Bra . erd - Yes; Ms . McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes . Said motion passed with a 5 to 0 vote. PUBLIC CO NTS 12 . 1 . Saul Horn, Rainberry Bay, stated .t a recent Commission meeting he questioned the pro-rating of annual Gol ► Course fees during the final year of the license agreement with Mr. Co 'e House and he received no comment from the Commission or the City Manager. He has since learned that this has been accomplished for some me bers. Upon speaking with Mr. House yesterday, he was told to contact ity Hall. He questioned whether or not the City should plan to revoke this arbitrary procedure and enforce pro-rating, as a precedent has b- -n set by the licensee. Mayor Campbell suggested Mr. Horn contact th= City Manager and, if Commission attention is needed, it will be consi• -red. 12 . 2 . Alice Finst, 707 Place Tavant, stated at the first Code Board meeting in October, the Good Neighbor Ordinance :s to meet its first test of enforcement. She requested that all Comm ssioners review the tape and listen to what actually happened. She fu , her commented that she feels someone should be held accountable for the esults . 12 . 3 . Alice Finst stated a proposal was made earlie . to eliminate the Tuesday Night workshops , with the exception of one per ionth. It is her understanding the Commission met three times last week .nd she does not understand the inefficiency. 12 . 4 . Alice Finst commented on October 10th, Resolution No. 74-89 was passed and the caption in the agenda was "A resolution a .essing costs for abatement action required to remove an unsafe buildin• on property located at 3530 Boulevard Chatelaine" . She feels this ' ndicated a demolition, when it was in reality an action taxing costs -.r boarding up of a building. She suggested the statements be reviewed fe accuracy when the agenda captions are written. 12 . 5 . Dick Eckerle, 382 S.W. 27th Avenue, stated he was •. ' sturbed when he read of the lack of communication regarding the City' - adver- tising. Some time ago there was a plea to support the local ne spaper -7- 10/24/89 I * . 1 Y I CITY COMMISSION DOCUMENTATION TO: ROBERT A. BARCINSKI , ASSISTANT CITY MANAGER VIA: FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP FROM: STAN WEEDON, ASSISTANT PLANNING DIRECTOR//& SUBJECT: MEETING OF OCTOBER 10, 1989 LOCAL HISTORIC SITE DESIGNATION OCEAN APPLE ESTATES ( 610 NORTH OCEAN BOULEVARD) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approving an Ordinance 70-89 for the designation of 610 North Ocean Boulevard (Ocean Apple Estates) as a Local Historic Site pursuant to the request of the property owner Roderick T. Wilson and the recommendation of the Historic Preservation Board. BACKGROUND: The owner has requested that the City designate the subject property as a Local Historic Site and submitted the required nomination report and designation report. The subject property is comprised of 2 . 5 acres on both the landward and seaward sides of State Road A-1-A and is improved with a two bedroom principal residence, garage, swimming pool and three quest cottages . The house is significant because it was initially owned by Fontaine Fox, a world-famous cartoonist (Toonerville Trolley) and was designed by renowned Florida architect John Volk. The house is a Cape Cod bungalow style beach cottage. The Historic Preservation Board at its meeting of Friday, September 15 , 1989 accepted the nomination report. At a special meeting of the Board on Wednesday, September 20 , 1989 the Board held a public hearing and recommended that the City designate the subject property as a Local Historic Site. There are special circumstances which affect the property and have resulted in the Historic Preservation Board recommending two conditions to the designation. These conditions are that no more than three dwelling units may be constructed on the property, and that any dwelling unit constructed east of State Road A-1-A shall not exceed 2 , 400 square feet of gross floor area. In addition, the Ordinance contains a sunset provision which stipulates that the ordinance shall expire if three specific variances are not approved by the Historic Preservation Board within 60 days of the effective date of Ordinance 70-89 . These three variance/waivers are: 1. A variance from the minimum lot size of the R-1-AAA District for that portion of the property lying east of State Road A-i-A; and 2. A variance from the side yard setback of the R-1-AAA District to allow a five ( 5) foot setback on the north and south property lines of that portion of property lying east of State Road A-1-A; and 4 3 . A waiver of the 80 foot right-of-way requirement for State Road A-i-A within the boundaries of the Fontaine Fox Local Historic Site and the establishment of a 60 foot requirement for the purposes of permits and development orders which may be issued by the City for the subject property. PLANNING AND ZONING BOARD CONSIDERATION: This item does not go before the Planning and Zoning Board. RECOMMENDED ACTION: By motion, approve Ordinance 70-89 thereby designating 610 North Ocean Boulevard (Ocean Apple Estates) as a Local Historic Site to be known as the Fontaine Fox Historic Site. Attachments : - Ordinance 70-89 SW/FOXDOC 1 r • •- • • • • • • N.E. 8th STA P P 0o = o • S ,47,- /az) ........C ' A CRESTWOOD DR NORTH - _ ' HVSHD_ = SAT 0 � ' B � OC � S D A \ DPALV E3 --, #.0, ..• A RF- L_ AT OF A PORTO \ OF- T E- AC S ORS- ACHHS SITE SH � 8 0 = I i =- P , BL C R = CORDS OF- - PALM - AC� S RE- CCRDF- D \ PLAT B00 /< / , PASB H OR DA 0 m F 4 OH SF-- CT0 \ 9 TOW \ S P 46 50T RA \ CF � J F- ASTSTATE OF FLORIDA gLY \ C \ T ' F- S . �- . �' HARBOR DR. < � > > COUNTY OF PALM BEACH C TY OH oH RA " BHASH PA _ B �- ACECOJ \ TY , � OR DATHIS PLAT WAS FILED FOR RECORD AT M. THIS THIS INSTRUMENT PREPARED BY: DAY OF ATuwnc AVE. 198 , AND DULY RECORDED _ - I MANUEL GUITERREZ. P.LS. N THE OFROES OF. IN PLAT BOOK No. NZEN SHEREMETA ASSOCIATES, INC. ON PAGE CONSULTING ENGINEERS JOHN B. DUNKLE I ��'i �Tr-ri '_� CLERK CIRCUIT COURT IonE dtia •.epk�rY�p. v.whV m sc. ea .w wn.r. o .oy el.oan.Fl.neo��e3. (a)x »oo (N.T.S.) BLOCKS D AND E REVISED PLAT C BY: D.C. PALM BEACH SHORE ACRES SHEET 1 O f l COASTAL CONSTRUCTION CONTROL LINE PLAT BOOK 7, PAGE 38 P.B. 36 PG. 91-106 UNNUMBERED P.R.M. N V e �,. b e r I I P.R.M. # 4102 i EROSION CONTROL LINE �, // MISC. P.B. 1 PG. 1 & 2 UNNUMBERED P.R.M. 1 I N 89' 07' 09" E LOT 2 ±273' ,/\,/, N 89' 07' 09" E 607.23 12' U.E. `� �, • I �� 298.23' 74.77' / 22.9.E t_ 260.50Ce, ' — -- - 346.73' --- - - -- - Q r �' / "(Jo N w C111-)/ /� CD c o� o I o I 0 = ^ LANDS VESTED IN THE STATE/ - 0 I I N 8,204 sq. ft. NI OF FLORIDA Co I3 Q cn in `n -H F— ! �, o / 1 GRAPHIC SCALE 3 _ Lii I I Ni - I U U, APPARENT HIGH WATER LINE --- •• • 0 40 80 120 _ 1 w LLJ Q wI N _ > I 60.71' 123.86' ±182' _lInemilimirmis......i_ • o q , `r' o o I T cv o l i l I Al ,r N 89'07 09" E V Q 1 INCH = 40.00 FEET I o 7 z o in N 61808 SQ. FT. z _ o Q t267' ,> , o 39075 SQ. FT. Q CV Z , _ T _ in (NI o Q \ 7- O III /� n L O {..�-- 12' U.E. 0 0 < z N . P.R.M. # 4102 (1] P.R.M. # 4102 - PLAT LIMITS / — EASTLINE 5' 0 S N 1' 00'51" W V--I c 150.00' •� � � SECTION 9-T46S-R•1-3E NOTES / d_ 260.50' 1 11- - 97.81' Q LLJ < DESCRIPTION n c ---� ~ 1. O DENOTES LOT NUMBER S 89' 07' 09" W 410.50' i ' O Q 15.77'I Nip, 16.85' O F- J THE SOUTH HALF OF LOi 4 LYING WEST OF STATE ROAD AlA, LESS THE WEST % 0 (� a- 435.5 FEET THEREOF:* HAT PART OF THE SOUTH 10 FEET OF LOT 3 AND 2. Cj DENOTES PERMANENT REFERENCE MONUMENT o \ \ o o THE NORTH HALF OF LOT 4 LUNG WEST OF STATE ROAD AI A;* AND LOT 3, i �n o O LESS THE SOUTH 10 FEET THEREOF;* BLOCK E, REVISED PLAT OF BLOCKS 3. U.E. DENOTES UTILITY EASEMENTS \ BLOCKS D AND E REVISED PLAT PLAT LIMITS - w D & E, PALM BEACH SHDRES ACRES, DELRAY BEACH, PALM BEACH COUNTY, ......• 65' �"1 PALM BEACH SHORE ACRES Z' >__ FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7 AT R W PLAT BOOK 7, PAGE 38 S 89' 07' C9" W 196.35 Fa-- PAGE 38 OF THE PUBL;.4 RECORDS OF PALM BEACH COUNTY, FLORIDA, AND 4. BEARINGS ARE BASED ON GRID NORTH PER FLORIDA DEPARTMENT OF DEDICATION N a IMPROVEMENTS THEREON AND APPURTENANCES THERETO. NATURAL RESOURCES. * LESS THE WEST 25 FEET THEREOF FOR ROAD RIGHT-OF-WAY. \ UNNUMBERED P.R.M. P.R.M. # 4102 - =/ �' F %W 5. BUILDING SETBACK LINES SHALL BE AS REQUIRED BY CITY OF STATE of FLORIDA MORTGAGEE'S CONSENT 1' 0/S SS N 0' S4'21" W a DELRAY BEACH ZONING CODE EXCEPT AS NOTED ELSEWHERE HEREIN. COUNTY OF PALM BEACH MORTGAGEE'S CONSENT STATE OF FLORIDA X MORTGAGEE'S CONSENT rn SAID LANDS SITUATE, LING AND BEING IN PALM BEACH COUNTY, KNOW ALL MEN BY THESE PRESENTS THAT RODERICK T. WILSON, AN STATE OF CONNECTICUT SS FLORIDA, CONTAINING 2.',13 ACRES, MORE OR LESS. INDIVIDUAL, OWNER OF LAND SHOWN HEREON AS OCEAN APPLE ESTATES, SS COUNTY OF PALM BEACH 9 1 O P. NO BUILDING OF ANY KIND OF PERMANENT STRUCTURE SHALL BE STATE OF FLORIDA PLACED WITHIN UTILITY EASEMENTS. AND DESCRIBED HEREIN UNDER DESCRIPTION, BEING IN THE S.E. 1/4 OF COUNTY OF THE UNDERSIGNED HEREBY CERTIFIES THAT IT IS THE HOLDER OF 4 SS - - SUBJECT TO EASEMENTS RESERVATIONS, RESTRICTIONS, COVENANTS AND SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY MORTGAGE UPON THE PROPERTY DESCRIBED HEREON AND DOES HEREBY JOIN COUNTY OF PALM BEACH RIGHTS-OF-WAY OF RECORD. IN AND CONSENT TO THE DEDICATION OF THE BEACH, PALM BEACH COUNTY, FLORIDA, HAS CAUSED THE LAND TO BE THE UNDERSIGNED HEREBY CERTIFIES THAT SHE IS THE HOLDER OF LAND DESCRIBED BY THE 16 5 7. EACH LOT SHALL BE RESPONSIBLE TO PROVIDE FOR RETENTION OF SURVEYED AND RE-PLATTED AS SHOWN AND DOES HEREBY DEDICATE AS (A) MORTGAGE(S) UPON THE PROPERTY DESCRIBED HEREON AND DOES OWNER THEREOF AND AGREES THAT ITS MORTGAGE, LIEN, AND OTHER THE UNDERSIGNED HEREBY CERTIFIES THAT IT IS THE HOLDER OF A ITS OWN DRAINAGE IN ACCORDANCE WITH THE REQUIREMENTS OF THE FOLLOWS: HEREBY JOIN IN AND CONSENT TO THE DEDICATION OF THE LAND ENCUMBRANCE WHICH IS RECORDED IN OFFICIAL RECORD BOOK AT MORTGAGE UPON THE PROPERTY DESCRIBED HEREON AND DOES HEREBY JOIN CITY OF DELRAY BEACH. DESCRIBED IN SAID DEDICATION BY THE OWNER THEREOF AND AGREES THAT HER PAGE(S) OF THE PUBLIC RECORDS OF PALM BEACH IN AND CONSENT TO THE DEDICATION OF THE LAND DESCRIBED BY THE MORTGAGE(S), LIEN(S), OR OTHER ENCUMBRANCE(S) WHICH (IS) (ARE) COUNTY, FLORIDA, SHALL BE SUBORDINATED TO THE DEDICATION SHOWN OWNER THEREOF AND AGREES THAT ITS MORTGAGE, LIEN, AND OTHER THE UTILITY EASEMENTS, AS SHOWN, ARE HEREBY DEDICATED IN RECORDED IN OFFICIAL RECORD BOOK AT PAGE(S) HEREON. ENCUMBRANCE WHICH IS RECORDED IN OFFICIAL RECORD BOOK AT 8. EROSION CONTROL UNE TAKEN FROM SURVEY PREPARED BY MICHAEL PERPETUITY FOR THE CONSTRUCTION AND MAINTENANCE OF UTIU- OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SHALL BE D. AVIROM LAND SURVEYOR, JOB NO. 686, DATED 3/29/85. PAGE(S) OF THE PUBLIC RECORDS OF PALM BEACH TIES. SUBORDINATED TO THE DEDICATION SHOWN HEREON. IN WITNESS WHEREOF, UCENSED TO DO COUNTY, FLORIDA, SHALL BE SUBORDINATED TO THE DEDICATION SHOWN BUSINESS IN THE STATE OF FLORIDA HAS CAUSED THESE HEREON. 9. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED IN WITNESS WHEREOF, THE SAID INDIVIDUAL HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITS PRESENTS TO BE SIGNED BY SUSANNE HART CONKUN, AS TRUSTEE AND AND ATTESTED TO BY ITS IN WITNESS WHEREOF, LICENSED TO DO ON THIS PLAT, THAT MAY BE FOUND IN THE PUBLIC RECORDS OF WITH THE AUTHORITY OF THE ESTATE OF ANNE H. MOTT THIS AND ITS CORPORATE SEAL TO BE AFFIXED HEREON BY AND WITH THE BUSINESS IN THE STATE OF FLORIDA HAS CAUSED THESE PALM BEACH COUNTY, FLORIDA_ IN WITNESS WHEREOF, THE ABOVE NAMED INDIVIDUAL HAS SIGNED DAY OF , 1989. AUTHORITY OF ITS BOARD OF DIRECTORS THIS DAY OF PRESENTS TO BE SIGNED BY ITS TITLE CERTIFICATION THESE PRESENTS 1989. AND ATTESTED TO BY ITS THIS DAY OF ,1989. BY: AND ITS CORPORATE SEAL TO BE AFFIXED HEREON BY AND WITH THE 10. MINIMUM BUILDING SIDE YARD SETBACKS FOR LOT 1 SHALL BE SUSANNE HART CONKLIN STATE OF FLORIDA ) FIVE (5) FEET. BY: TRUSTEE BY: AUTHORITY OF ITS BOARD OF DIRECTORS THIS DAY OF SS )} RODERICK T. WILSON 1989 COUNTY OF PALM BEACH ATTEST: WITNESS: BY:WITNESS: I, J. JEFFREY THISTLE, A DULY UCENSED ATTORM_Y IN THE STATE OF WITNESS: FLORIDA, DO HEREBY CERTIFY THAT I HAVE EXAMNED THE TITLE TO THE \, WITNESS: ATTEST: HEREON DESCRIBED PROPERTY; THAT I AND THE TITLE TO THE PROPERTY RECEIVE ACKNOWLEDGEMENT IS VESTED TO RODERICK T. WILSON, THAT THE CLRRENT TAXES HAVE BEEN • PAID; AND THAT THE PROPERTY IS ENCUMBERED BY THE MORTGAGES SHOWN ; STATE OF FLORIDA ACKNOWLEDGEMENT HEREON; AND THAT I FIND THAT ALL MORTGAGES ARE SHOWN AND TRUE AND CORRECT AND THAT THERE ARE NO OTHER ENCU.BRANCES OF RECORD. NOV ® 2 8"9 SS ACKNOWLEDGEMENT COUNTY OF PALM BEACH STATE OF FLORIDA I J. JEFFREY THISTLE : PLANNING &ZONING , BEFORE ME PERSONALLY APPEARED COUNTY OF PALM BEACH ACKNOWLEDGEMENT STATE OF CONNECTICUT ATTORNEY AT LAW SS AND , TO ME WELL KNOWN, AND KNOWN TO ME STATE OF FLORIDA 1 TO BE THE INDIVIDUALS DESCRIBED IN AND WHO EXECUTED THE FOREGONG BEFORE ME PERSONALLY APPEARED COUNTY OF INSTRUMENT AS AND AND TO ME WELL KNOWN, AND KNOWN TO ME COUNTY OF PALM BEACH SS BEFORE ME PERSONALLY APPEARED SUSANNE HART CONKUN, TO ME OF THE, TO BE THE INDIVIDUALS DESCRIBED IN AND WHO EXECUTED THE FOREGOINGINSTRUMENT AS AND WELL KNOWN, AND KNOWN TO ME TO BE THE INDIVIDUAL DESCRIBED IN A CORPORATION, AND SEVERALLY ACKNOWLEDGED TO AND BEFORE ME MAT BEFORE ME PERSONALLY APPEARED RODERICK T. WILSON, TO ME AND WHO EXECUTED THE FOREGOING INSTRUMENT AS TRUSTEE OF THE THEY EXECUTED SUCH INSTRUMENT AS OFFICERS OF SAID CORPORATION OF THE, WELL KNOWN, AND KNOWN TO ME TO BE THE INDIVIDUAL DESCRIBED IN ESTATE OF ANNE H. MOTT AND ACKNOWLEDGED TO AND BEFORE ME THAT AND THAT THE SEAL AFFIXED TO THE FOREGOING INSTRUMENT IS A CORPORATION, AND SEVERALLY ACKNOWLEDGED TO AND BEFORE ME THAT SURVEYOR'S CERTIFICATION AND WHO EXECUTED THE FOREGOING INSTRUMENT AS OWNER OF OCEAN SHE EXECUTED SUCH INSTRUMENT AS TRUSTEE OF SAID ESTATE, AND THAT THE CORPORATE SEAL OF SAID CORPORATION AND THAT IT WAS AFFIXED TO THEY EXECUTED SUCH INSTRUMENT AS OFFICERS OF SAID CORPORATION, APPLE ESTATES, AND THAT SAID INSTRUMENT IS THE FREE ACT AND DEED SAID INSTRUMENT IS THE FREE ACT AND DEED OF SAID ESTATE. SAID INSTRUMENT BY DUE AND REGULAR CORPORATE AUTHORITY, AND THAT AND THAT THE SEAL AFFIXED TO THE FOREGOING INSTRUMENT IS THIS IS TO CERTIFY THAT IN NOVEMBER 1989, THi HEREON PLAT WAS OF SAID INDIVIDUAL SAID INSTRUMENT IS THE FREE ACT AND DEED OF SAID CORPORATION. THE CORPORATE SEAL OF SAID CORPORATION AND THAT IT WAS AFFIXED TO PREPARED AND DELINEATED UNDER MY SUPERVISI>N, AND THAT PERMANENT WITNESS MY HAND AND OFFICIAL SEAL THIS DAY OF SAID INSTRUMENT BY DUE AND REGULAR CORPORATE AUTHORITY, AND THAT REFERENCE MONUMENTS (P.R.M.$) HAVE BEEN PUCED AS REQUIRED BY WITNESS MY HAND AND OFFICIAL SEAL THIS DAY OF WITNESS MY HAND AND OFFICIAL SEAL THIS DAY SAID INSTRUMENT IS THE FREE ACT AND DEED OF SAID CORPORATION. LAW, AND FURTHER THAT SURVEY DATA AND MONUMENTS COMPLY WITH ALL 1989 1989. OF 1989. THE REQUIREMENTS OF CHAPTER 177 FLORIDA STATUTES, AS AMENDED, APPROVALS WITNESS MY HAND AND OFFICIAL SEAL THIS DAY AND ORDINANCES OF THE CITY OF DELRAY BEACI-, FLORIDA. NOTARY PUBUC OF , 1989. CITY OF DELRAY BEACH NOTARY PUBUC MY COMMISSION EXPIRES: NOTARY PUBUC MANUEL A. GUIIERREZ, P.L.S. THIS PLAT IS HEREBY APPROVED FOR RECORD THIS DAY OF MY COMMISSION EXPIRES: REGISTERED SURVEYOR NO. 4102 MY COMMISSION EXPIRES: NOTARY PUBUC STATE OF1989. FLORIDA MY COMMISSION EXPIRES: CHAIRMAN PLANNING & ZONING PLANNING DIRECTOR BOARD NOTARY \ OTAY BA \ K NOTARY \ OTAPY SANK S " RVEYOR -__\\ \ �_ MAYOR DIRECTOR OF PUBUC UTILITIES ------''N 77,---- ------...„ / \ CITY ENGINEER DIRECTOR OF PARKS & RECREATION ) / ' \ `\ / CITY CLERK FIRE MARSHAL ''''.--.1:-./ _._------7! \ _ /1 .-,....,_____ ____/) \•„,.___ ._____) j-- _ IP III 0 Ili ill 1 0 4110