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HPB- MINUTES- 02-06-02 MINUTES OF THE HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA PUBLIC HEARING MEETING DATE: FEBRUARY 6, 2002 LOCATION: FIRST FLOOR CONFERENCE ROOM I. ROLL CALL The meeting was called to order by the Chairperson at 6:03 P.M. Upon roll call it was determined that a quorum was present. MEMBERS PRESENT: Chairperson Mary Lou Jamison, Gail Lee McDermott, Gloria Elliott, Rhonda Sexton, Mike Simon, Donnamarie Sloan. MEMBERS ABSENT: Dave Bodker STAFF PRESENT: Paul Dorling, Wendy Shay, Scott Pape, Ron Hoggard, Loretta Heussi. II. CERTIFICATES OF APPROPRIATENESS A. Donnie's Golden Spoon Restaurant, Commercial Building, West Side of NW 5th Avenue, Approximately 300'North of West Atlantic Avenue, West Settlers Historic District, Donnie Dobson, Owner. Item Before the Board: The action before the Board is approval of a COA associated with a Class V Site Plan, Landscape Plan, Design Elements, and a waiver for Donnie's Golden Spoon Restaurant, pursuant to LDR Section 2.4.5(F). Ms. Shay presented the item to the Board. Mr. Pape stated that the west half of the property has been rezoned to CF along with a conditional use approved in October 2001 to provide for the parking area. He further described the need for the waiver request to reduce the landscape strips and the need to re- design the parking layout. Bob Fetrow, Gator Engineering Services, expressed his concerns over the liability of re-designing the two-way driveway. He further stated that if the two-way driveway was supported, that it would pose a hazard and that the loading zone should not be relocated as proposed by staff. Douglas Crease, the owner's attorney, wished to clarify the needs of the owner and his concern over the economic feasibility of the project including the need to change the proposed light poles. Diane Dominguez, Executive Director of the Community Redevelopment Agency, stressed the importance of this project with respect to the revitalization of NW 5th Avenue. She further stated that the site should be pedestrian oriented and that one-way traffic reduces conflicts with traffic patterns. Mr. Pape stated that reconfiguring and rotating the loading area was a suggestion by staff but not a requirement. Ms. Jamison inquired about whether the building is presently located where it will actually be set on the property with respect to the setbacks. Mr. Fetrow confirmed the building is in the correct place. Ms. McDermott inquired about the ADA accessible ramps for the pedestrian walk-up window. Mr. Fetrow stated that there is such as a ramp on the north side of the property only. Otherwise, the patron would have to go inside. Ms. McDermott also inquired about the potential of purchasing an additional, adjacent lot. Mr. Crease has been unable to reach the adjacent property owner(s) but hopes to do so within the next year. Mr. Simon inquired about the zoning. Mr. Pape stated that the east half is zoned GC, the west CF. The additional vacant parcel is zoned R-1-A. Mr. Simon inquired as to whether the additional lot would accommodate the parking. Mr. Crease concurred. Mr. Simon confirmed with staff that the zoning will not allow parking. Mr. Crease stated that the zoning may be altered if the property could be purchased. -2- HPB Minutes 2/6//02 Mr. Pape further confirmed that a unity-of-title would be necessary. Ms. Sloan inquired about the need for two-way traffic. Mr. Pape explained in greater detail the need for two-way traffic to flow all the way through the property. Mr. Dorling stated that the condition of approval to allow for two- way traffic was intended to address fire safety concerns and adequate maneuvering area. Mr. Fetrow stated that it would not be economically feasible to do so. Ms. Sexton inquired about the walk up window. Mr. Fetrow stated that the walk up window will be on the south side with the entrance to the building on the north side. He further stated that the light poles could interfere with reconfiguring the parking area. Mr. Simon confirmed with Mr. Dobson that he would prefer the pavers be installed along with 10' of landscaping. Ms. Dominguez confirmed that 7' of walkway would be appropriate. Mr. Pape requested that two of the compact spaces be striped out to provide for a turn around. Mr. Simon inquired about the functional vs. decorative design of the light poles. Mr. Dorling stated that the lighting requirement is consistent with what is found throughout the area. A discussion ensued regarding the need for decorative light poles throughout the site. The Board felt that decorative light poles, which match those found on Atlantic Avenue, be installed. Mr. Fetrow inquired about the condition of approval for the picket detail on the railing of the ADA accessible ramp. Mr. Pape clarified that they are to be decorative in nature. Mr. Simon inquired about the pattern of the proposed pavers. -3- HPB Minutes 2/6//02 Mr. Pape stated that the condition states that pavers are to match that found in the right-of-way as improvements proposed for the near future may change the pattern from the current one. Waiver Request After much discussion, it was moved by Mr. Simon, seconded by Ms. McDermott and passed 6-0 to approve the waiver from LDR Section 4.6.16(H)(3)(d), to reduce the required 5' wide landscape strip to 2.5' along the south property line and 3' on the west side of the east portion of the property, based on positive findings with LDR Section 2.4.7(B)(5). Site Plan It was moved by Mr. Simon, seconded by Ms. McDermott and passed 6-0 to approve the COA and associated Class V site plan for Donnie's Golden Spoon Restaurant based on positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(F)(5) (Finding of Compatibility) of the Land Development Regulations, and policies of the Comprehensive Plan subject to the following conditions: 1) Address all Site Plan and Engineering Technical Items and submit three (3) copies of the revised plans. 2) That a recorded unity-of-title must be provided prior to issuance of a building permit. 3) That the two compact spaces on the north side be striped out to design a maneuvering area and appropriate signage be provided denoting the turn around area. 4) That the landscape area between the building and the right-of- way be reduced to 3' and that a paver block area, with the style to be determined by the City, is provided. 5) That the light poles and fixtures be consistent with those proposed on Atlantic Avenue and that the overall height not exceed 25', subject to Board approval. Landscape Plan It was moved by Ms. McDermott, seconded by Mr. Simon and passed 6-0 to approve the COA and associated Landscape Plan for -4- HPB Minutes 2/6//02 Donnie's Golden Spoon Restaurant based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1) Address all Landscape Technical Items and submit three (3) copies of the revised plans. 2) That the 20' visibility triangle is noted on the landscape plan and that any obstructions are relocated in accordance with direction by the City Horticulturalist. Design Elements It was moved by Ms. McDermott, seconded by Ms. Sexton and passed 5-1 (Simon dissenting) to approve the COA and associated elevations for Donnie's Golden Spoon Restaurant, based on positive findings with respect to LDR Sections 4.5.1 and 4.6.18, subject to the following condition: 1) That the design of the handrails with vertical elements be brought back before the Board. B. COA 469: Atlantic Grove, New Construction — Mixed Use, North 300 and 400 Blocks of West Atlantic Avenue, West Settler's Historic District, Tim Hernandez, Authorized Agent. Item Before the Board: The action before the Board is approval of COA-469 associated with a Landscape Plan and Architectural Elevations of the mixed use development proposal for Atlantic Grove, pursuant to LDR Sections 2.4.5(H) and (I). Ms. Shay presented the item to the board. Mr. Hernandez was present to represent the project and described the proposed changes. Mr. Hoggard described in detail the staff requested changes. Ms. Elliott inquired about interference of the roots from the trees. Mr. Hoggard explained how the landscaping will be contained with pavers. He further explained how inconsistencies in the previous plan were corrected. Mr. Hernandez described in detail the look of the elevations. -5- HPB Minutes 2/6//02 Mr. Hernandez and Mr. Hoggard discussed the decorative fencing and site lighting. Mr. Simon stressed that interior site lighting must be consistent with that found on Atlantic Avenue. Ms. Shay stated that interior lighting should be consistent from project to project and that if previous approvals required decorative interior lighting then every project should do so. Mr. Hernandez expressed his concern over decorative interior site lighting. Carolyn Patton, neighborhood representative, urged the Board to consider neighborhood participation as many members of the community are at a meeting for the Caring Kitchen. Mr. Hernandez stated that only minor issues are being discussed and that tabling the discussion would cost time and money to the project. Ms. Jamison disagreed to table the issue. Ms. Sexton inquired as to whether the design elements should be consistent with the adjacent historic district. Ms. McDermott inquired as to when design guidelines might be developed for the West Settlers area. Ms. Patton stated that she did not feel the proposed design elements are appropriate. A lengthy discussion ensued regarding decorative interior site lighting. Ms. Jamison requested direction from the City regarding the lighting and design elements. Ms. Shay stated that she would look into it and get back with the Board. Landscape Plan After much discussion, it was moved by Ms. Sexton, seconded by Ms. McDermott and passed 6-0 to approve the associated -6- HPB Minutes 2/6//02 landscape plan for COA-469, Atlantic Grove, based on positive findings with respect to Section 4.6.16 of the Land Development Regulations subject to the following conditions: 1) Address all Landscape Technical Items and submit three (3) copies of the revised plans. 2) Extend the sidewalk at the corners of the mixed-use buildings to cover the entire area between the on-street parking spaces and the street with cutouts for the trees and other landscape materials. 3) Paved pathways should be placed in the landscape area between the on-street parking and the sidewalk for each parking space adjacent to the townhouses. 4) Where the sidewalks jog in the townhouse area, provide a tapered or meandering transition at each end of the offset. Design Elements It was moved by Ms. Sexton, seconded by Ms. Sexton and passed 6-0 to approve the associated design elements for COA-469, Atlantic Grove, based on positive findings with respect to LDR Section 4.6.18 and Section 4.5.1(E), subject to the following conditions: 1) The elevations for the cabana and details on color and materials must be provided. 2) Provide color information for the dumpster enclosure. 3) Aluminum fencing is accepted as proposed. 4) That style A for perimeter lighting is approved for the project and style C is to be revisited at the March 6, 2002 meeting. It was moved by Mr. Simon, seconded by Ms. Sexton, and passed 6-0 to re-visit site lighting requirement for Donnie's Golden Spoon Restaurant during the meeting of March 6, 2002. C. Neal's Market, New Residential Development, Northeast Corner of NE 1st Street and NE 1st Avenue, Old School Square Historic District, Jeffrey Silberstein, Authorized Agent. -7- HPB Minutes 2/6//02 • Item Before the Board: The action before the Board is that of granting an extension of a COA and associated Class V Site Plan approval for Neal's Market, pursuant to LDR Section 2.4.4(F)(3). Ms. Shay presented the item. Mr. Silberstein was present to represent the project. Ms. Jamison inquired as to whether the extension can be less than 18 months. Ms. Shay stated that a reduction could be placed as a condition of approval. Mr. Silberstein stated the permitting process can take up to eight months. Ms. Jamison expressed her concern over the lack of activity with the project. Mr. Silberstein stated that two of the owners are in Canada which caused some of the delay. It was moved by Ms. McDermott, seconded by Ms. Sexton, and passed 6-0 to approve the request for an extension of the COA and Class V Site Plan valid until October 4, 2003. Alieda Riley, 65 Palm Square, inquired as to why bright, halogen lighting was used in front of the City Marina. Ms. Shay stated that she will look into it. III. DISCUSSION ITEM A. Downtown Delray Beach Master Plan Review Ms. McDermott stated her concerns over changing the street signs on Atlantic Avenue addressing 1-95 as the east-west dividing line. The Board discussed the makeup of Osceola Park and discussed the influences on its development. Ms. Sexton stated that Federal Highway should not be reduced to fewer lanes. Ms. Sloan supported the ideas stated in the plan. -8- HPB Minutes 2/6//02 Ms. Sexton expressed her concern about lack of on-street parking on Federal Highway. Mr. Hoggard clarified that parking is proposed. Ms. McDermott inquired about the library. Mr. Hoggard stated that the plan shows what is proposed but not necessarily what is planned. The Board overall endorsed the plan. IV. REPORTS AND COMMENTS A. Report from Historic District Representatives: None B. Board Members: Ms. Jamison and Ms. Elliott inquired about the status of Mariposa's (48 SE 1st Avenue) colors. Ms. Jamison continued to inquire about various code enforcement issues. Ms. Shay responded, in detail, the status of each property. C. Staff: Ms. Shay was asked to convey public concern regarding decision making policies by the Board. Ms. Shay further stated that all decisions by the Board are to be made according to the LDR, Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Ms. Shay stated that her request to the CRA for $250 was approved and will be used toward the award for the poster contest. Paperwork will be sent out to the schools and libraries in the next few weeks. Ms. Shay suggested an HBP logo to recognize the Board and asked the Board for their input. Ms. Sloan volunteered to design a logo. Ms. Shay further discussed ideas for Preservation Week in May and the possibility of listing 610 N. Ocean Blvd in the National Register of Historic Places. -9- HPB Minutes 2/6//02 Ms. Shay also discussed meetings to review the RFP's for the design guidelines. V. ADJOURNMENT There being no further business before the Board, the meeting adjourned at 8:00 P.M. The information provided herein is the Minutes of the meeting of said body for February 6, 2002, which were formally adopted and approved by the Board July 2, 2003. If the Minutes that you have received are not completed as indicated above, then this means that these are not the Official Minutes. They will become so after review and approval, which may involve some changes. -10- HPB Minutes 2/6//02 MINUTES OF THE HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA PUBLIC HEARING MEETING DATE: FEBRUARY 20, 2002 LOCATION: FIRST FLOOR CONFERENCE ROOM I. ROLL CALL The meeting was called to order by the Chairman at 6:02 P.M. Upon roll call it was determined that a quorum was present. MEMBERS PRESENT: Mary Lou Jamison, Gail-Lee McDermott, Dave Bodker, Gloria Elliott, Mike Simon, Rhonda Sexton MEMBERS ABSENT: Donnamarie Sloan STAFF PRESENT: Wendy Shay, Loretta Heussi, Brian Shutt II. CERTIFICATES OF APPROPRIATENESS A. 223 NW 1st Avenue, Residence, Old School Square Historic District. Ron Brito, Authorized Agent. Item Before the Board: Action requested of the Board is that of consideration of a Certificate of Appropriateness for the conversion of a garage to a guest cottage. Ms. Shay presented the project. Mr. Brito was present to represent the applicant. Ms. McDermott expressed her concern about the condition to retain the garage door. Mr. Brito stated that he believed the garage door was installed approximately two years ago. Ms. Shay stated that if that was the case, staff could support the alteration and removal of the door. It was moved by Ms. Elliott, seconded by Ms. Sexton and passed 6-0 to approve the Certificate of Appropriateness request to install a raised panel entrance door, rear French door, and awning windows for the contributing garage structure at 223 NW 1st Avenue, based upon positive findings with respect to LDR Sections 2.4.6(J)(5) and 4.5.1(E)(8)(g), (E)(4), (E)(8)(c), & (E)(8)(d), and the Design Guidelines, subject to the following conditions: L 1) The guest cottage must not exceed 700 square feet or occupy more than 1/20th of the lot area. In addition, the space must be occupied by family occupying the principal dwelling or their non-paying guests. 2) That the siding on the garage be changed to clapboard siding to compliment the main historic building. B. Strauss Residence, 30 SE 1st Avenue, Old School Square Historic District, Martin Thorn, Authorized Agent. Item Before the Board: Action requested of the Board is approval of a Certificate of Appropriateness for the replacement of windows, pursuant to LDR Section 2.4.6(J). Ms. Shay presented the project. Mr. Thorn was present to represent the project. Mr. Thorn stated that aluminum windows were previously approved. Ms. Shay stated that the COA approval is limited to 18 months and the original approval was in 1996. Mr. Thorn stated that the openings will not have to be modified to accommodate the new windows. A long discussion between the Board and the authorized agent ensued regarding whether the windows should be replaced in-kind with wood frame. Michelle Balfoort recommended the installation of a wood frame, vinyl clad window as an alternative. It was moved by Ms. McDermott, seconded by Ms. Sexton and passed 6-0 to table the item until the meeting of March 20, 2002. C. Baccari Residence, 112 NE 1st Avenue, Old School Square Historic District, John Baccari, Owner. Item Before the Board: Action requested of the Board is approval of a Certificate of Appropriateness for the addition of a one-story carport, pursuant to LDR Section 2.4.6(J). Ms. Shay presented the project. Mr. Baccari was present to represent the applicant. -2- HPB Minutes 2/20/02 It was moved by Mr. Sloan, seconded by Ms. Sexton and passed 6-0 to approve the Certificate of Appropriateness request for the addition of a carport on the outbuilding (garage) at 112 NE 1st Avenue, based upon positive findings with respect to LDR Section 4.5.1(E)(8)(g) and the Delray Beach Design Guidelines. D. Lot 6, Block 1, Adjacent to 5 NE 7th Street, Vacant Lot, Del Ida Park, Jane Sullivan, Owner. Item Before the Board: Action requested of the Board is consideration of a waiver request for a non-conforming lot (Lot 6, Del-Ida Park), pursuant to LDR Section 4.1.4(C). Ms. Shay presented the project. Ms. Sullivan was present to represent the project. Ms. Sullivan stated that her neighbors are interested in purchasing the lot . Jim Remderg, one of the neighbors, was present to concur with their plans to improve the lot. Mr. Simon expressed his concern over granting waivers as a special privilege. It was moved by Mr. Bodker, seconded by Ms. McDermott, and passed 6- 0 to recommend to the City Commission approval of a waiver request for the property consisting of Lot 6, Block 1 of Del-Ida Park, based upon positive findings with respect to LDR Section 2.4.7(B), subject to the following condition: 1) If the waiver is approved, a request for a variance must be submitted • before the Board prior to approval. E. Sundy Harvest Block, SW 1st Street between S. Swinton Avenue and SW 1st Avenue, Old School Square Historic District, Michelle Balfoort, Authorized Agent. Item Before the Board: Action requested of the Board is approval of a Certificate of Appropriateness and associated Class V Site Plan, Landscape Plan, Design Elements, and associated demolition of two non- contributing structures, for the conversion of two contributing structures for retail/commercial use. Ms. Shay presented the project. -3- HPB Minutes 2/20/02 Ms. Balfoort and John Szerdi were present to represent the applicant/owner. Ms. Balfoort detailed the need for a waiver to allow parking in front of the building and that she was unaware of the stacking issue. Further, she described the project and the pedestrian friendly feel of the public garden and landscaping. Mr. Szerdi requested clarification concerning solids to voids. Ms. Shay stated that solids to voids concerned both the streetscape and design elements. Mr. Szerdi presented a study of the development pattern of the neighborhood and stated that there are many vacant lots surrounding the project and to the east of the proposed project. Ms. Shay stated that the Downtown Master Plan focuses on density and consistency with solid to voids and that it was inconsistent within the Old School Square Historic District. In fact, recent trends have created the vacant lots seen today. Mr. Simon requested additional information regarding the parking area and whether it will be appropriate on the site. Mr. Szerdi supported the additional parking where the non-contributing building is currently located. Ms. Shay re-iterated that landscaping will not fill the void of where the building once stood. Mr. Szerdi requested that the item be tabled with conditions. Brian Shutt, Assistant City Attorney, stated that if the item was tabled that conditions cannot be placed on it. After much discussion, it was moved by Ms. McDermott, seconded by Ms. Sexton, and passed 6-0 to table the Sundy Harvest project until the meeting of March 20, 2002. F. Management Systems, Commercial Building, SW corner of NE 1st Avenue and NE 2nd Street, Old School Square Historic District, Jeffrey Silberstein, Authorized Agent. Item Before the Board: Approval of a COA which incorporates aspects of the development proposal including a Class V Site Plan, Design Elements, and Variance Request. -4- HPB Minutes 2/20/02 Brian Shutt, Assistant City Attorney, requested that anyone giving testimony on this item be sworn in. Ms. Heussi swore in those wishing to speak. Mr. Shutt also requested that any ex parte communication be disclosed by the Board. None was stated. Ms. Shay presented the project. Mr. Silberstein was present to represent the project. Glenn Weiss, director of Pineapple Grove Main Street, did not support the reduction of the setback though the committee feels the design is appropriate in context with the surrounding properties. Robert Saraga, 201 NE 1st Avenue, stated his concern over granting the variance. He further stated that the property would not support the project with the required parking and that the variance should not be granted due to the fact that overflow parking could end up in the Banker's Row parking lot. He further stated that any additional parking required for new construction should be contained on site. Mr. Saraga also discussed his concerns over the design elements of the building and that this design will not compliment the surrounding properties. Brian Lipshe, partner to Mr. Saraga at 201 NE 1st Avenue, concurred with Mr. Saraga's concerns. Mr. Silberstein re-iterated that the project will improve the right-of-way and that the design was appropriate. Mr. Simon requested clarification on the right-of-way dedication. Ms. Shay stated that it was a consistent request with all properties along NE 1st Avenue upon modification of their property. Ms. McDermott requested shutter dogs be installed along all the long shutters both top and bottom. Mr. Weiss re-iterated his concern over granting the variance and expressed a concern regarding how the new building will appear in relation to the surrounding buildings as they are set back at least 25' from the right-of-way. Variance Request -5- HPB Minutes 2/20/02 It was moved by Mr. Bodker, seconded by Mr. Simon and passed 6-0 to approve a variance to reduce the east setback from 15 ft. to 10 ft. pursuant to LDR Section 4.5.1(J). Site Plan It was moved by Mr. Bodker, seconded by Mr. Simon, and approved 6-0, to approve the COA and associated Class V site plan for Management Systems, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan and LDR Section 2.4.5(F)(5), subject to the following conditions: 1) That the sign be submitted to the Board for review and approval. 2) That the proposed landscape and engineering plans return to the Historic Preservation Board for approval. 3) That the three (3) in-lieu parking spaces are approved by the City Commission. 4) That a photometric plan in compliance with LDR Section 4.6.8 is provided. 5) That a bicycle rack is provided onsite. 6) That the proposed sidewalk along NE 1st Avenue is extended through the drive aisle. It was moved by Mr. Bodker, seconded by Mr. Simon and passed 6-0 to amend the motion to include an additional condition that 5' of additional right-of-way is dedicated along NE 1st Avenue. Design Elements It was moved by Mr. Bodker, seconded by Ms. Sexton, and passed 6-0 to approve the design elements for Management Systems, associated with COA-2002-038, based upon positive findings to LDR Section 4.5.1(E), Development Standards. Mr. Shutt distributed forms to be filled out when a Board Member represents a client in front of any city Board. The forms are to be submitted on a quarterly basis. Ill. REPORTS AND COMMENTS A. Reports from Historic District Representatives -6- HPB Minutes 2/20/02 None B. Board Members Mr. Simon requested that an attorney be present at a meeting with any controversial issue. Ms. Shay stated that staff requests their attendance for such matters. John Bennett requested an opportunity for public comment during the meetings. Ms. Shay will add it to the agenda. Mr. Bodker stated that the opinion of organizations such as the CRA should not be calculated as a factor when voting on projects. C. Staff Ms. Shay presented updates on code enforcement issues to the Board which was brought to her attention at the previous meeting. Ms. Jamison requested information about what can be done after the fact when property owners modify historic resources without approval. Ms. Shay requested additional information regarding replacement of windows on the Price House, 1225 Seaspray Avenue. She further stated that it will come back to the Board for review and approval. Ms. Shay stated that the next meeting on March 6, 2002 can be held at Pompey Park. The Board agreed with both the date and location. Ms. Shay explained the details of the poster contest being developed. IV. ADJOURNMENT There being no further business before the Board, the meeting adjourned. The information provided herein is the Minutes of the meeting of said body for February 20, 2002, which were formally adopted and approved by the Board on July 2, 2003. If the Minutes that you have received are not completed as indicated above, then this means that these are not the Official Minutes. They will become so after review and approval, which may involve some changes. -7- HPB Minutes 2/20/02 MINUTES OF THE HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA PUBLIC HEARING MEETING DATE: MARCH 6, 2002 LOCATION: POMPEY PARK AUDITORIUM, Rooms A & B I. ROLL CALL The meeting was called to order at 6:03 p.m. by the Chairman. Upon roll call it was determined that a quorum was present: MEMBERS PRESENT: Mary Lou Jamison, Gail-Lee McDermott, Gloria Elliott, Michael Simon, Rhonda Sexton, Donnamarie Sloan MEMBERS ABSENT: None (Bodker resigned) STAFF PRESENT: Wendy Shay, Dan Marfino, Brian Shutt, Debra Garcia, Loretta Heussi II. PUBLIC HEARING A. 610 & 615 North Ocean Blvd, Fontaine Fox House, Individually Listed Historic Property, Rebecca Henderson, Authorized Agent. Item Before the Board: Recommendation to the City Commission regarding an amendment to Ordinance 70-89 for the historic designation of the Fontaine Fox House and related property. Brian Shutt, Asst. City Attorney, asked all those who wished to speak be sworn in. Loretta Heussi, Notary, swore in all those wishing to speak. Ms. Shay presented the project and reviewed the location and designation information of the individually listed property and the lot configurations associated with Ordinance 70-89. She described in detail the project proposed by the applicant. The proposal would amend Ordinance 70-89 to remove the historic designation from Lot 3 and a portion of Lot 2 which would 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 dwelling). The historic designation for the remaining portion of Lot 2 (the lot that houses the Fontaine Fox House), as well as Lot 1 on the ocean side (615 North Ocean ppulevard), would remain. Rebecca Henderson, Authorized Agent, representing the applicant, Village by the Sea, LLC, requested to de-designate or amend the legal description associated with the current ordinance designating the property to accommodate a development proposal. Ms. Henderson stated that the house is historic due to its affiliation with Fontaine Fox, the cartoonist, who constructed the house for his personal residence. Ms. Henderson reviewed the history of the property's owners and alterations made over the years to the historic dwelling. She also stated that the boundaries, as proposed by the applicant, are appropriate as dictated by the location of the house. The property that includes the house (designed by renowned, local architect John Volk) is within the only portion within the actual historic boundaries. Ms. Henderson further reviewed the topography of the land including the retaining wall to the north. Ms. Henderson addressed in detail her:opposition to the conditions of approval as stated in the staff report. She addressed her concerns regarding the lack of historical integrity on the property and listing the property at 610 North Ocean Boulevard in the National Register of Historic Places as she felt that the "dirt" behind the house is not historic and that listing the property in the National Register could open it to public scrutiny. She further discussed her opposition to the height restriction of 28 feet imposed on the first two lots behind the historic house. Ms. Henderson closed with her reassurance that the proposal does not include the alteration or demolition of the historic house and that the proposed development will be positive for the City. Ms. Jamison inquired about ex part communication. None was disclosed. Ms. Jamison opened the floor for those in favor of the project. No members of the public spoke in favor. She then asked those opposed to speak at this time and reiterated that those who were not sworn in must do so prior to speaking. Mr. Shutt stated that they can be sworn in by Ms. Jamison. The following spoke in opposition: John Bennett, President of Progressive Residents of Delray (PROD), stated that "a deal is a deal." In 1989, The Wilson's, the previous owners of the Fontaine Fox property, approached the City to acquire historic designation of the entire property Lots 1, 2, and 3 and received a variance which would allow the construction of a 2,400 sq. ft. beachfront house on a non-conforming lot to the east 2- HPB Minutes 3/06/02 of North Ocean Boulevard. Frank McKinney, current owner of the Fontaine Fox property, wishes to allow construction of several homes (not including Lot 1 as he does not own that property) which is the opposite intention of the terms of the ordinance that established the designation. He further stated that when de-listing a property was applied in Palm Beach County it was due to as association with different terms that dictated its removal. Carolyn Patton, 1020 Tamarind Road and property owner at 60 Marine Way, Marina Historic District, opposed the de-listing of the property which could promote the construction of "monster" homes. She stated that if the Fox House and 622 North Ocean Boulevard are to be protected, she urged the Board to get such terms in writing as Mr. McKinney is promoting development of both 610 and 622 North Ocean Boulevard as an oceanfront retreat; or the possibility of development of up to nine lots which' would consequently envelop the lot which the house lies on. Monty Helm, 1221 Harbor Drive property owner, is opposed to the amendment of the ordinance as he viewed this as an attempt to manipulate the City government for personal gain. "In the past, we have revered and protected certain land and structures which have been given certain historic designations and it is our duty and privilege to continue to do so." He discussed the Wilson's deal with the City in 1989 and the Wilson's desire to ensure the integrity of the entire property on the west side of North Ocean Boulevard. He pointed out that a request to amend Ordinance 70-89 was submitted in 1992 which proposed an 840 sq. ft. addition to the house which was going to be built on the beach. However, that request was denied by the City Council on October 27, 1992. The City entered into an agreement and the City had a responsibility to not approve the addition. In closing he stated that it would be a potentially dangerous move to de-list this property. A deal was made and it should be complied with and it would be a mistake to change the existing ordinance. Kevin Warner, Beach Properties Association, reminded the applicant's representative that other City's regulations do not apply in Delray Beach. He then referenced the City's staff report which stated that there is no formal de-designation process in the LDR. He also stated that the central issue is what Delray Beach and its residents stand to gain which he felt was nothing despite the claims that the tax base would increase. If changes are made to codified laws, it shows a disrespect and disregard for the concept of the rules of the law. The City established those laws and LDRs for legitimate reasons and they should be followed. No benefits to the residents, tax payers, and the City, would be derived from this. -3- HPB Minutes 3/06/02 Alice Finst, former member of the Historic Preservation Board, spoke on behalf of the previous decision in 1989 to designate the entire property for the benefit of the house and the land. The previous owner, Ms. Wilson was very dedicated to preserving the buildings of John Volk and she would be concerned about this proposal. Ms. Finst reiterated that this is a historic property and that there is no compelling reason to alter the previous decision to designate the entire property. Alieda Riley, resident of Marina Historic District, stated that none of the additions damaged the integrity of the house and inquired that if this proposal is approved then what would be next? Ms. Jamison asked if anyone else wished to speak on behalf of the project. As no further members of the public stood to speak, she closed the meeting to the public and::allowed Ms. Henderson to respond to the public's comments. Ms. Henderson requested to introduce Ms. Marla Dumas, private consultant, to discuss compatibility issues. Ms. Dumas stated that there is a great inconsistency with respect to compatibility without adequate guidelines. The current Board should not be bound to previous decisions by past Historic Preservation Boards. The City of Delray needs to look at these inconsistencies with the redevelopment of resources to ensure consistency and compatibility with historic resources. Ms. Henderson concluded by stating that the land is historic because of certain occurrences in the past. This land is historic because of its affiliation with Fontaine Fox, the cartoonist. There is no record or evidence that he did anything to the back property that was not done on the remainder of the estate. The house is also historic because it was designed by John Volk. Despite these facts, there is no evidence to prove that the "dirt" is historic. The designation simply listed all the property owned by the Wilson's but there was no basis for its historical label. The number of new homes permitted on that vacant property is relegated by the current zoning classification. The applicant is not attempting to de-list the house or propose demolition with this proposal. Further, the proposed height restrictions do not ward off the construction of "monster homes." Many changes have occurred within the City since 1989 and they can be supported based on the current regulations. The applicant is not opposed to designating 622 North Ocean Boulevard with the -4- HPB Minutes 3/06/02 assumption that the McKinney's continue to own the building as it is presently up for sale. In conclusion, the applicants wish to develop their property, as they have the right to do, without altering the historic dwelling. Mr. Shutt advised Ms. Henderson that she has the right to cross examine City staff. Ms. Henderson was satisfied with her presentation and did not need to cross examine. Ms. Shay stated that she had a rebuttal to some of the original claims proposed. The City's proposal is that three of the four proposed lots be buildable with the condition that a 50 ft. buffer be placed between the extant, historic house and any new construction. The retaining wall which abuts the outbuildings, behind the structure, does not provide adequate protection between the house and new construction. In addition, the remaining land to the west of the proposed buffer could be consolidated into three remaining lots which would provide a larger area for the remaining lots and possibly more revenue per lot. Staff is also requesting that a height restriction of 28' (the average height of a two-story building) be placed on the first two houses adjacent to the historic dwelling in order to prevent overpowering the extant building. Further, staff requested listing 622 North Ocean Boulevard in the Local Register to protect the house and 610 North Ocean Boulevard in the National Register of Historic Places to ensure that reviews will take place whenever projects are proposed in the area. Ms. Shay then presented the National standards for de-listing which include: relocation, loss of historic integrity, an error in professional judgment, or an error made in the listing process. Based on these standards, there is no basis for de-listing the property behind the house. The LDRs define an historic site as "...any site, building, structure, feature or improvement which has been designated as an historic site" under the terms and conditions of Chapter 174 of the - original HP regulations. As stated in the Delray Beach Land Development Regulations, the criteria to list historically and architecturally significant properties are due to its association in a significant way with the life or activities of a major person important in city, state or national history for example, the homestead of a local founding family. The designation criteria does not restrict that definition to a building or structure but allows the entire homestead which is applicable to the land the house lies on and its surrounding property in this case. There has also been some neighborhood concern over the height of the backfill necessary to construct new residences and how that might affect drainage on the surrounding properties. To address the applicant's claims that more of the contiguous property is historic than was designated, Ms. Shay stated that there ate properties -5- HPB Minutes 3/06/02 throughout the City which were affiliated with Fontaine Fox. They are no less historic because they lack a designation and as the adjacent properties were not owned by the Wilsons they could not be included. In conversations with Mrs. Wilson as to why this particular property was designated, Ms. Shay was told that it was intended to protect the integrity of the house by keeping the regulations of review consistent on all the related parcels. Staff does not have any concern over the proposed construction behind the house. Their main concern is to protect the two historic resources. The designation must remain in place for any new development to ensure that there is no negative impact on the historic structures and to ensure a Board review for any new adjacent construction (as well as staff if requested by the applicant). In closing,.the city is requesting that the designation be retained on the property and that a buffer and height restription be established. Further, staff is requesting that the property' at 622 North Ocean Boulevard be placed in the Local Register and that 610 North Ocean Boulevard be placed in the National Register of Historic Places. Listing of the property in the National Register will impose no additional restrictions to the homeowners not already imposed by Local Register regulations, though there are many misnomers to the contrary, such as additional expense and governments reviews, which also discourage others from listing their property. While the City is encouraged by the additional increase in tax base, the cost of de-listing the property and possibly altering the historical and architectural integrity would be too high. Ms. Henderson closed with the following comments: Regarding the south property owners who stated their concerns, she believed it would be most helpful if their name and address went on record. She also felt that Mrs. Wilson, previous owner, should have been there to address her comments or have her comments submitted in writing rather than have them interpreted by another. Further, she stated that there are consulting expenses which would be incurred by listing the property in the National Register and that there are other ways to stop government actions such as the widening of A1A. The private home is not open to the public and should therefore not be exposed to such scrutiny. Ms. Shay confirmed that the expenses referenced to by Ms. Henderson were that of consulting fess and not imposed upon by the State of the National Park Service and that her services could be utilized to research and write the report for no fee. At this point, Ms. Jamison closed the public portion of the meeting. Ms. Shay then requested that the project file be entered into record. -6- HPB Minutes 3/06/02 At this time the Board took a five minute break. Ms. Jamison advised the Board not to discuss this item with anyone or amongst themselves. Ms. Jamison called the meeting back to order at 7:35pm. Ms. Sloan inquired about the location of the retaining wall. Ms. Henderson indicated on the overhead map which showed the wall along the back (west) of the extant dwelling. Ms. Sloan inquired why the other parcels did not have the designation (Ordinance 70-89) applied to them. Ms. Dumas responded that it could have been a district'for the Fontaine Fox Estate and the adjacent,::contiguous properties could have been designated. Ms. Jamison addressed this issue stating that the Board does not arbitrarily designate a district and that the majority of the homeowners within the proposed district must concur with the designation. Ms. Dumas inquired as to whether the other property owners were approached. Ms. Jamison was uncertain. Ms. Henderson stated that the inconsistency has to do with the Lane Subdivision. However, it was not considered at that time that the site was historical. Ms. Sloan asked if the Wilson's deemed it historic. Ms. Henderson stated that they had but that the integrity of the property could not be shown and that they exchanged the designation for construction of a single family home on the east side of North Ocean Boulevard. Ms. Jamison stated that she did not believe that Mrs. Fox who lived at 622 North Ocean Boulevard would have agreed to the designation of the adjacent property. Ms. Sexton inquired about the height of the Fontaine Fox house. Ms. Shay stated that it was a standard two-story house. -7- HPB Minutes 3/06/02 Ms. Henderson approximated its height to be 28'. Ms. Sexton inquired as to whether the height should not exceed the height of the house and if 35' was the height that the City allows. Ms. Henderson concurred that 35' is permitted. Ms. Sexton inquired as to the size of the proposed lots due to the addition of the lane. Ms. Henderson indicated they would be 100 x 125 ft. for a total of 12,500 sq. ft. which meet dimension and area regulations. Mr. Simon requested exact dimensions of the proposed four,lots. Mr. Martino, Principal Planner, stated that they would be 100' x 126' for a total of 12,599 sq. ft. If three lots were developed, the remaining parcel could be redistributed any number of ways. Ms. Elliott asked if the current owners, the McKinney's, were aware of the constraints placed on the property by the Unity of Title, etc. Was their intent to develop the property? Ms. Henderson replied that she could not speak about intent at the time of purchase. Mr. McKinney is a developer; however, it is currently their home. Ms. Elliott then stated that perhaps if a developer had not bought the property, nothing would have come of this and everything would stay the same. Was purchasing the property merely for economic gain? Ms. Henderson stated there are clearly economic issues involved. as the area behind the house is appraised at $375,000 and if subdivided and sold off, the owners would make a profit. They were, however, well aware of the restrictions imposed by the designation associated with Ordinance 70-89. Mr. Simon inquired about the Unity of Title. Ms. Henderson presented the Title and passed it on to the Board for review. She then explained that Ms. Wilson filed the Unity of Title to protect the home but it does not encompass Lots 1, 2, and 3. -8- HPB Minutes 3/06/02 Mr. Simon inquired as to the setback of the wall. He stated that it is very close to the house which must be why the City is requesting the buffer. He then inquired as to whether the City was requesting removal of the designation. Mr. Martino replied that it is an adjustment to the density restriction while Ms. Shay stated that the City is not requesting removal of the designation and does not wish to restrict the property owner's rights to develop but merely to have some review. Mr. Simon inquired about the approval process. He stated that marketing of this property has been going on for at least three years encompassing the 5.4 acreage in total and that this is not a new development proposal despite what the applicant claims. Ms. McDermott stated that she could not vote in favor' of the change. Ms. Jamison stated that she would not support the de-listing of any property. Mr. McKinney knew what the conditions of the designation were. She could support the 50 ft. buffer and the development of three developable lots but she could not support any type of de- listing. Ms. Shay requested an opportunity for closing arguments and wanted to reiterate that the issue has nothing to do with whether additional parcels should be designated but deals directly with what is already designated which are Lots 1, 2, and 3 and that she still has concerns about registering the house at 622 as someone could purchase the lot and tear the house down. Ms. Henderson stated that the main issue was whether it was appropriate to have the dirt behind the house designated. Ms. Jamison asked someone to make motion. It was moved by Ms. Sexton, seconded by Ms. McDermott and failed 3-3 (Jamison, Elliott, and Sloan dissenting) to make a recommendation to deny approval of COA 2002-101-COA-CCA for the amendment to Ordinance 70-89 affecting 610 and 615 North Ocean Blvd, Fontaine Fox House with the basis as stated. Mr. Shutt announced the motion died due to a tie. Ms. Jamison requested a motion be made by Ms. Sexton to include 622 North Ocean Boulevard. Ms. Sexton asked that someone else make a motion. -9- HPB Minutes 3/06/02 It was moved by Ms. Sloan, seconded by Ms, Elliott and failed 3-3 (Simon, Sexton, and McDermott dissenting) to make a recommendation to request to amend Ordinance 70-89 based on positive findings for the property at 610 & 615 North Ocean Blvd. 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, 2, & 3) and the south 10 ft. of Lot 3. 2) Modify the density restriction from 3 to 5 dwelling units. 3) Establish a minimum of a 50 ft. buffer between the existing wall at the rear of 610 and the adjacent lot (west). 4) Restrict the height of any new construction of proposed Lots 3 and 7 to 28 ft. 5) That the property 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 recordation of the final plat. Mr. Shutt announced the motion likewise died as it is a tie. He encouraged further Board discussion. Ms. Sloan stated that the two designations make the remainder of the concessions worthwhile. Ms. Jamison concurred. Ms. Sexton inquired as to whether the McKinney's own all the property. Ms. Jamison confirmed that they owned all but Lot 1. Ms. Jamison stated that she did not feel that any portion of the property should be de-listed. Ms. Sloan felt that the City gained from a historic preservation perspective. -10- HPB Minutes 3/06/02 Mr. Simon concurred that the designations are a big benefit to the City. Ms. Sloan stated that the designation remaining in place will protect the back property through review in addition to gaining a second designation. Ms. Sexton expressed her concern over the lack of protection/designation on Lot 7. Mr. Martino and Ms. Shay stated that if Lot 7 were to be designated it would be in conjunction with designating the property at 622. Mr. Martino stated that as part of the motion that it could be stated "as the property exists." Mr. Simon inquired about the configuration of the Lot behind 622. Mr. Martino clarified. Ms. Sexton declared that the Board has no purview over the lots behind 622 until designation is in place. Mr. Simon asked if the conditions would be upheld at the City Commission level. Ms. Shay stated that it was their prerogative to approve, deny, or amend those conditions. Ms. Sexton recommended the division of Lot 3. Mr. Simon stated that it could be stated as such in a motion. Ms. Henderson stated that her applicant would not have to comply with a recommendation. It was moved by Ms. Sexton, seconded by Ms. Elliott and passed 6- 0 to make a recommendation to amend Ordinance 70-89 based on positive findings for the property at 610 & 615 North Ocean Blvd. 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 thru 3 of Ocean Apple Estates and the south 10 ft. of Lot 3 of Palm Beach Acres. 2) Modify the density restriction from 5 to 4 dwelling units. -11 - HPB Minutes 3/06/02 3) Establish a minimum of a 50 ft. buffer between the existing wall at the rear of 610 North Ocean Boulevard} and the adjacent lot west approximately 140 ft. 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 and 7to28ft. 5) That the residence at 622 North 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) 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. Ms. Shay clarified that Lot 7 is not included in this recommendation. Ms. Henderson requested clarification. Ms. Jamison stated that all of the parcels in question would be designated. Mr. Martino explained that the inclusion of the property at 622 would be incorporated into another ordinance. • III. CERTIFICATES OF APPROPRIATENESS A. Donnie's Golden Spoon Restaurant, West Side of NW 5th Avenue, West Settler's Historic District, Donnie Dobson, Owner. Item Before the Board: Continued from February 6, 2002- Re- consideration of lighting fixtures and the railing associated with the proposed restaurant. Ms. Shay presented the project. The Board previously directed the applicant to revise the decorative light poles and fixtures in order to -12- HPB Minutes 3/06/02 be consistent with the public light poles along West Atlantic Avenue and to add vertical elements to the proposed railing. Mr. Dobson was present to represent the project. Ms. McDermott inquired about the material of the light pole. Ms. Shay confirmed that it is metal. Mr. Simon inquired as to whether the vertical elements on the hand rails are metal. Ms. Shay stated that she thought that they were. Ms. McDermott and Mr. Simon inquired as to whether they had to meet handicapped accessible standards for a rail due to the'slope. Ms. Shay confirmed that they were necessary unless they met the 1:12 slope. It was moved by Mr. Simon, seconded by Ms. Sloan and passed 6- 0 to approve the decorative light poles and vertical hand rails based on positive findings with respect to LDR Section 4.5.1 (E)(4) and (E)(8). B. Atlantic Grove, Atlantic Avenue between SE 3rd Avenue & SE 5th Avenue, West Settler's Historic District, Tim Hernandez, Authorized Agent. Item Before the Board: Continued from February 6, 2002 — Re- consideration of the site lighting associated with the Class V Site Plan for Atlantic Grove mixed-use development pursuant to LDR Sections 4.5.1(E)(4) and 4.5.1(E)(8). Neither the applicant nor the authorized agent was present. Mr. Simon inquired as to whether the lighting matched that just approved for Donnie's Golden Spoon. Ms. Shay stated that the applicant felt they were cost prohibitive and did not compliment the architecture of the project. It was moved by Mr. Simon, seconded by Ms. McDermott and passed 5-1 (Sexton dissenting) to approve the installation of the decorative lighting fixtures for the Atlantic Grove Complex based upon positive findings with respect to LDR Sections 4.5.1(E)(4) and -13- HPB Minutes 3/06/02 (E)(8), the Delray Beach Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. IV. REPORTS AND COMMENTS A. Reports from Historic District Representatives None B. Board Members None C. Staff Ms. Shay mentioned an opening on the Board to replace Dave Bodker and that several terms are ending in August 2002. Those Board members need to apply to be re-appointed. Mr. Simon inquired about whether a new owner could relocate or demolish the house at 610 North Ocean Boulevard? Ms. Shay confirmed that it could be relocated or demolished though adequate documentation would have to be provided to support such a request. Ms. Jamison discussed a possible National Register nomination for a property on Hibiscus. Ms. Elliott inquired about the possibility of extending the Old School Square Historic District two blocks to the south from NE/NW 2"d Street to NE/NW 4th Street. Ms. Shay would like to request a survey of the area before considering new boundary changes. Ms. Shay distributed copies of the Secretary of the Interior's Standards for Rehabilitation to the Board. V. ADJOURNMENT There being no further business before the Board, the meeting adjourned at 10:00 P.M. The information provided herein is the Minutes of the meeting of said body for March 6, 2002, which were formally adopted and approved by the Board on July 16, 2003. -14- HPB Minutes 3/06/02 If the Minutes that you have received are not completed as indicated above, then these are not the Official Minutes. They will become so after review and approval, which may involve some changes. • -15- HPB Minutes 3/06/02