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HPB-10-16-02 10/16/02 MINUTES OF THE HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA PUBLIC HEARING MEETING DATE: OCTOBER 16, 2002 LOCATION: FIRST FLOOR CONFERENCE ROOM I. CALL TO ORDER 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: Mary Lou Jamison, Gail Lee McDermott, Gloria Elliott, Rhonda Sexton, Bill Branning, Francisco Perez-Azua. MEMBERS ABSENT: Jim Keavney STAFF PRESENT: Wendy Shay, Loretta Heussi II. CERTIFICATES OF APPROPRIATENESS At this time the Chairperson read a summary of the Quasi-Judicial Hearing procedures. Ms. Heussi swore in all those wishing to speak. A. Elizabeth's on 7th, 9 SE 7th Avenue, Marina Historic District, Roger Cope, Authorized Agent. Action Before the Board: The item before the Board is that of granting an extension of the following aspects of a development proposal for Elizabeth's on 7th, pursuant to Land Development Regulations (LDR) Section 2.4.4(F)(3): • Class II Site Plan Modification; • Landscape Plan; • Design Elements; and, • Waiver to LDR Section 4.6.16(H)(3)(d), to reduce the required perimeter landscape buffer along the east side of the property from five feet (5') to zero feet (0'). Ms. Jamison inquired about ex-parte communications on this item. None were stated. Ms. Shay entered the project file into the record and presented the project to the Board. Roger Cope presented the project on behalf of the applicant. Ms. McDermott inquired about a change in off-site parking spaces. Ms. Shay explained that the Board was previously concerned that there were too many off-site parking spaces proposed, however, the plans now show more spaced provided on-site. She inquired to Mr. Cope to confirm the total number of on-site parking spaces. Mr. Cope stated that the extension request is on the original permit and that the only change is that there are now 22 parking spaces on-site. Ms. McDermott asked the applicant when the new owner came in and when Mr. Cope came on Board. Mr. Cope stated the new owner came in about 45 days ago and he was retained a few weeks prior to the permitting issue. After much discussion, it was moved by Mr. Branning, seconded by Ms. McDermott and passed 6-0 approve the request for an extension of the COA and associated waiver, Class II site plan modification, landscape plan, and design elements for Elizabeth's on 7th, based upon positive findings with respect to Chapter 3 (Performance Standards) and LDR Sections 2.4.4(F)(1), 2.4.5(F)(5) (Compatibility), 2.4.7(B)(5), 4.6.16, and 4.6.18, with said approval to be valid for an additional 18 months (expiring April 18, 2004). B. Gross Residence, 201 NE 5th Court, Del-Ida Park Historic District, John Gross, Owner. Action Before the Board: Consider paint colors for a fence associated with a non-contributing historic property. Ms. Shay presented the project. She stated that the fence is currently painted red, white, and blue and presented photos of the fence. The applicant is requesting that the current colors be retained. If this is not possible, the applicant is willing to change the fence color to a solid red brick color. Mr. Perez asked the applicant to present some alternative colors to the red and requested color samples. Mr. Branning stated he would like to see accent colors which would compliment the building in a monochromatic scheme. -2- HPB Minutes 10/16/02 Ms. Jamison requested paint chips. Ms. Shay explained to the applicant that if he chose one of the previously approved colors as listed on the Approved Historic Preservation Board color chart that he would not have to return for Board approval, otherwise he will have to return at a later date for Board review and approval. The Board tabled the item until further direction by the applicant. C. Price House, 1109 Seaspray Avenue, Individually Listed Property, Tamelyn Sickle, Owner. Action Before the Board: The action before the Board is re- consideration of existing windows, associated with a previously approved Certificate of Appropriateness for the Price House, 1109 Seaspray Avenue, pursuant to LDR Section 2.4.6(J). Ms. Heussi swore in the applicant and her agent. Ms. Shay entered the project file into the record and presented the item to the Board. The house displays existing picture windows on the front elevation which are thought to be "historic" in their own right by the applicant, however, they are inappropriate to the frame style of the building and do not compliment the existing 6/1 windows on the second floor. Photographs of current windows were shown to the Board and Ms. Shay recommended that the windows be replaced with compatible windows that would be appropriate for the building. Gary Eliopoulos (agent) and Tamelyn Sickle (owner) were present to the represent the project. Mr. Eliopoulos described the previous review by the Board in that the picture windows were previously discussed and the Board requested more information on the history. The home was originally located on the ocean then moved to its current location. The windows are at least 50 years old but they are not the original windows of the home. Mr. Eliopoulos then handed out material on the windows. Mr. Branning asked if the windows were changed on the second floor. Mr. Eliopoulos stated that they were not changed, however, they could have been changed when the home was on the ocean. Mr. Branning inquired if the window frames had been widened. -3- HPB Minutes 10/16/02 Ms. Sickle stated that the front façade of the house was not related to the construction/improvements for this project. She also stated that she was uncertain if the windows are original, however, they have been on the house for very many years and replacement would require improvements to the siding, landscaping, and windows if the Board mandated replacement. Mr. Perez supported the applicant's rehabilitation efforts and that he does not support replacement of the windows as necessary. Ms. McDermott stated that it would be a hardship to mandate replacement of the windows. Ms. Sickle stated that replacement would be an economic hardship. Mr. Branning suggested installation of faux muntins for the windows to replicate the light configuration of the windows on the second floor. Ms. Shay requested that if false muntins were attached that the profiles match those on the house. Ms. McDermott expressed her concern over the maintenance. After much discussion, it was moved by Mr. Branning, seconded by Ms. McDermott and passed 4-2 to deny the request to eliminate the condition of approval to replace the modern windows with those that are more appropriate for the period of construction on a contributing building at 1109 Sea Spray Avenue, based on a failure to make positive findings with respect to LDR Section 4.5.1(E)(4) and (E)(8), the Delray Beach Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation with the basis stated: 1) That the applicant may apply false muntins in a pattern deemed appropriate by the project architect and that the design is approved by staff. III. REPORTS AND COMMENTS A. Public Comments: Ms. Carolyn Patton, representing Progressive Residents of Delray (PROD) expressed her concern regarding demolitions in the Marina Historic District. Ms. Patton submitted the demolition portion of the City's Preservation Ordinance for review. -4- HPB Minutes 10/16/02 Ms. Shay stated that she explains the process in detail to potential property owners/developers regarding demolition in the district, however, it is the Board's decision as to whether a property can be demolished. Ms. Joann Peart, 107 NW 9th Street, agreed with Ms. Patton. If we support demolitions in historic districts, the City is digressing rather than progressing with preservation efforts. Ms. Alieda Riley, 65 Palm Square, supported the statements of Ms. Peart. Ms. Shay explained the process to the Board and the public regarding requests for demolition with potential owners/developers. She further stated that the department is looking to revise the ordinance. A lengthy discussion followed regarding demolition issues. B. Report from Historic District Representatives: None C. Board Members: None D. Staff: Ms. Shay stated that no approval was obtained for the new gold paint color. New windows were installed on the east elevation and were approved with the tinted windows with metal (bronze) frames. Ms. Shay also stated that the Colony Hotel would also like to install white sign panel with different colored text for each establishment. The Board directed the signs to be the same color text to match that which is currently on the property. Ms. Shay stated that the Fisher Properties (27-43 South Swinton Avenue) project has been indefinitely suspended per the authorized agent, Michelle Balfoort, as the conditions of approval have not been met. Ms. Shay passed along a copy of Phase II of the historic property survey for review by each Board member. -5- HPB Minutes 10/16/02 Ms. Jamison requested information about whether the Board can postpone projects due to scheduling conflicts. The accessory structure issue at 610 N. Ocean Boulevard will be heard at a City Commission meeting on election night, however, only the applicant can request a postponement. IV. 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 October 16, 2002, which were formally adopted and approved by the Board on June 4, 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. -6- HPB Minutes 10/16/02 DELRAY BEACH 1 � All-America City � I SIGN IN SHEET 1993 2001 Regular Historic Preservation Board Meeting of OCTOBER 16, 2002 PRINT FULL NAME ADDRESS OR ORGANIZATION ITEM (P-CC-72.J7 eb'K OV (f(rVaii / 1)6 . t) Llo ,oULC 0205 6eae6 3os • AGENDA HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: October 16, 2002 Type of Meeting: Regular Meeting Location: First Floor Conference Room Time: 6:00 P.M. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Doug Randolph at 243-7127(voice), or 243-7199(TDD), 24 hours prior to the program or activity in order for the City to reasonably accommodate your request Adaptive listening devices are available for meetings in the Commission Chambers. If a person decides to appeal any decision made by the Historic Preservation Board with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made. Such record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Two or more City Commissioners may be in attendance. CALL TO ORDER II. CERTIFICATE OF APPROPRIATENESS A. Elizabeth's on 7th, 9 SE 7th Avenue, Marina Historic District, Roger Cope, Authorized Agent. Consider granting an extension to a Class ll Site Plan Modification, landscape plan, design elements, and waiver request for the conversion and expansion of an existing commercial building for use as a restaurant. B. Gross Residence, 201 NE 5th Court, Del-Ida Park Historic District, John Gross, Owner. Consider paint colors for a fence associated with a contributing historic property. C. Price House, 1109 Seaspray Avenue, Individually Listed Property, Tamelyn Sickle, Owner. Consider replacement of windows for a contributing historic property. III. REPORTS AND COMMENTS A. Public Comments B. Reports from Historic District Representatives C. Board Members D. Staff HPB Meeting October 16,2002 Page 2 IV. ADJOURN Wendy Shay, Histo4 Preservatic Planner POSTED ON: October 10, 2002 MINUTES OF THE HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA PUBLIC HEARING MEETING DATE: OCTOBER 16, 2002 LOCATION: FIRST FLOOR CONFERENCE ROOM I. CALL TO ORDER 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: Mary Lou Jamison, Gail Lee McDermott, Gloria Elliott, Rhonda Sexton, Bill Branning, Francisco Perez-Azua. MEMBERS ABSENT: Jim Keavney STAFF PRESENT: Wendy Shay, Loretta Heussi II. CERTIFICATES OF APPROPRIATENESS At this time the Chairperson read a summary of the Quasi-Judicial Hearing procedures. Ms. Heussi swore in all those wishing to speak. A. Elizabeth's on 7th, 9 SE 7th Avenue, Marina Historic District, Roger Cope, Authorized Agent. Action Before the Board: The item before the Board is that of granting an extension of the following aspects of a development proposal for Elizabeth's on 7th, pursuant to Land Development Regulations (LDR) Section 2.4.4(F)(3): • Class II Site Plan Modification; • Landscape Plan; • Design Elements; and, • Waiver to LDR Section 4.6.16(H)(3)(d), to reduce the required perimeter landscape buffer along the east side of the property from five feet (5') to zero feet (0'). Ms. Jamison inquired about ex-parte communications on this item. None were stated. Ms. Shay entered the project file into the record and presented the project to the Board. Roger Cope presented the project on behalf of the applicant. Ms. McDermott inquired about a change in off-site parking spaces. Ms. Shay explained that the Board was previously concerned that there were too many off-site parking spaces proposed, however, the plans now show more spaced provided on-site. She inquired to Mr. Cope to confirm the total number of on-site parking spaces. Mr. Cope stated that the extension request is on the original permit and that the only change is that there are now 22 parking spaces on-site. Ms. McDermott asked the applicant when the new owner came in and when Mr. Cope came on Board. Mr. Cope stated the new owner came in about 45 days ago and he was retained a few weeks prior to the permitting issue. After much discussion, it was moved by Mr. Branning, seconded by Ms. McDermott and passed 6-0 approve the request for an extension of the COA and associated waiver, Class II site plan modification, landscape plan, and design elements for Elizabeth's on 7th, based upon positive findings with respect to Chapter 3 (Performance Standards) and LDR Sections 2.4.4(F)(1), 2.4.5(F)(5) (Compatibility), 2.4.7(B)(5), 4.6.16, and 4.6.18, with said approval to be valid for an additional 18 months (expiring April 18, 2004). B. Gross Residence, 201 NE 5th Court, Del-Ida Park Historic District, John Gross, Owner. Action Before the Board: Consider paint colors for a fence associated with a non-contributing historic property. Ms. Shay presented the project. She stated that the fence is currently painted red, white, and blue and presented photos of the fence. The applicant is requesting that the current colors be retained. If this is not possible, the applicant is willing to change the fence color to a solid red brick color. Mr. Perez asked the applicant to present some alternative colors to the red and requested color samples. Mr. Branning stated he would like to see accent colors which would compliment the building in a monochromatic scheme. -2- HPB Minutes 10/16/02 Ms. Jamison requested paint chips. Ms. Shay explained to the applicant that if he chose one of the previously approved colors as listed on the Approved Historic Preservation Board color chart that he would not have to return for Board approval, otherwise he will have to return at a later date for Board review and approval. The Board tabled the item until further direction by the applicant. C. Price House, 1109 Seaspray Avenue, Individually Listed Property, Tamelyn Sickle, Owner. Action Before the Board: The action before the Board is re- consideration of existing windows, associated with a previously approved Certificate of Appropriateness for the Price House, 1109 Seaspray Avenue, pursuant to LDR Section 2.4.6(J). Ms. Heussi swore in the applicant and her agent. Ms. Shay entered the project file into the record and presented the item to the Board. The house displays existing picture windows on the front elevation which are thought to be "historic" in their own right by the applicant, however, they are inappropriate to the frame style of the building and do not compliment the existing 6/1 windows on the second floor. Photographs of current windows were shown to the Board and Ms. Shay recommended that the windows be replaced with compatible windows that would be appropriate for the building. Gary Eliopoulos (agent) and Tamelyn Sickle (owner) were present to the represent the project. Mr. Eliopoulos described the previous review by the Board in that the picture windows were previously discussed and the Board requested more information on the history. The home was originally located on the ocean then moved to its current location. The windows are at least 50 years old but they are not the original windows of the home. Mr. Eliopoulos then handed out material on the windows. Mr. Branning asked if the windows were changed on the second floor. Mr. Eliopoulos stated that they were not changed, however, they could have been changed when the home was on the ocean. Mr. Branning inquired if the window frames had been widened. -3- HPB Minutes 10/16/02 • Ms. Sickle stated that the front facade of the house was not related to the construction/improvements for this project. She also stated that she was uncertain if the windows are original, however, they have been on the house for very many years and replacement would require improvements to the siding, landscaping, and windows if the Board mandated replacement. Mr. Perez supported the applicant's rehabilitation efforts and that he . does not support replacement of the windows as necessary. Ms. McDermott stated that it would be a hardship to mandate replacement of the windows. Ms. Sickle stated that replacement would be an economic hardship. Mr. Branning suggested installation of faux muntins for the windows to replicate the light configuration of the windows on the second floor. Ms. Shay requested that if false muntins were attached that the profiles match those on the house. Ms. McDermott expressed her concern over the maintenance. After much discussion, it was moved by Mr. Branning, seconded by Ms. McDermott and passed 4-2 to deny the request to eliminate the condition of approval to replace the modern windows with those that are more appropriate for the period of construction on a contributing building at 1109 Sea Spray Avenue, based on a failure to make positive findings with respect to LDR Section 4.5.1(E)(4) and (E)(8), the Delray Beach Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation with the basis stated: 1) That the applicant may apply false muntins in a pattern deemed appropriate by the project architect and that the design is approved by staff. Ill. REPORTS AND COMMENTS A. . Public Comments: Ms. Carolyn Patton, representing Progressive Residents of Delray (PROD) expressed her concern regarding demolitions in the Marina Historic District. Ms. Patton submitted the demolition portion of the City's Preservation Ordinance for review. -4- HPB Minutes 10/16/02 Ms. Shay stated that she explains the process in detail to potential property owners/developers regarding demolition in the district, however, it is the Board's decision as to whether a property can be demolished. Ms. Joann Peart, 107 NW 9th Street, agreed with Ms. Patton. If we support demolitions in historic districts, the City is digressing rather than progressing with preservation efforts. Ms. Alieda Riley, 65 Palm Square, supported the statements of Ms. Peart. Ms. Shay explained the process to the Board and the public regarding requests for demolition with potential owners/developers. She further stated that the department is looking to revise the ordinance. A lengthy discussion followed regarding demolition issues. B. Report from Historic District Representatives: None C. Board Members: None D. Staff: Ms. Shay stated that no approval was obtained for the new gold paint color. New windows were installed on the east elevation and were approved with the tinted windows with metal (bronze)frames. Ms. Shay also stated that the Colony Hotel would also like to install white sign panel with different colored text for each establishment. The Board directed the signs to be the same color text to match that which is currently on the property. Ms. Shay stated that the Fisher Properties (27-43 South Swinton Avenue) project has been indefinitely suspended per the authorized agent, Michelle Balfoort, as the conditions of approval have not been met. Ms. Shay passed along a copy of Phase II of the historic property survey for review by each Board member. -5- HPB Minutes 10/16/02 Ms. Jamison requested information about whether the Board can postpone projects due to scheduling conflicts. The accessory structure issue at 610 N. Ocean Boulevard will be heard at a City Commission meeting on election night, however, only the applicant can request a postponement. IV. 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 October 16, 2002, which were formally adopted and approved by the Board on June 4, 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. -6- HPB Minutes 10/16/02 DELYAY BEACH . . -•' _., : . ; DEIRAY BEACH HISTORIC PRESERVATION BOARD I I I�� STAFF REPORT 11111 1993 1993 Agent: Roger Cope Project Name: Elizabeth's on 7th Project Location: 9 SE 7th Avenue ITEpM BEF'OR,E° THE BOARD The action requested of the Historic Preservation Board is that of granting an extension of the following aspects of a development proposal for Elizabeth's on 7 , pursuant to Land Development Regulations (LDR) Section 2.4.4(F)(3): • Class II Site Plan Modification; • Landscape Plan; • Design Elements; and, • Waiver to LDR Section 4.6.16(H)(3)(d), to reduce the required perimeter landscape buffer along the east side of the property from five feet (5') to zero feet (0'). B A C,KG R O:U N.D The subject property (0.4 acres) is located entirely within the Marina Historic District and consists of Lots 1-3 and 9-11, Block 125 (Replat of the original Town of Linton subdivision). Lots 1-3 and 9-10 are zoned Central Business District (CBD), while Lot 11, which consists of the parking area, is zoned Multiple Family Residential - Medium Density (RM). The structure in question is located on the east side of SE 7th Avenue, approximately 90' south of East Atlantic Avenue. The building was constructed in 1924 as a single- family residence and was originally located adjacent to East Atlantic Avenue. In circa 1940, the building was relocated to its present location in order to allow the construction of the existing two-story mixed-use building along East Atlantic Avenue, which was built in 1941. While the building is currently vacant, the first floor of the building was previously utilized as a beauty salon and the second floor as an apartment. At its meeting of March 21, 2001, the Historic Preservation Board (HPB) approved a Class III site plan modification for the conversion of the former beauty salon to a restaurant, enclosure of the porch, installation of a walk-in cooler, and an off-site parking agreement, subject to conditions. The Board directed the applicant to revise the parking areas to provide additional parking spaces in an effort to eliminate the need for the off-site parking agreement, which restricted the hours of operation for the restaurant. Meeting Date: October 16, 2002 Agenda Rem: II.A. Historic Preservation Board Staff Report Elizabeth's on 7th-Site Plan Extension Request Page 2 • The applicant submitted the Class II site plan modification which included the reconfiguration of the parking area and outdoor dining are pursuant to the Board's direction, as well as addressing a majority of the conditions of approval associated with the aforementioned conversion. At its meeting of April 18, 2001, the HPB approved a Class II site plan modification, landscape plan, design elements, and a waiver to LDR Section 4.6.16(H)(3)(d) to reduce the required perimeter landscape buffer along the east side of the property from five feet (5') to zero feet (0'). The site plan modification is valid until October 18, 2002. The applicant has requested an extension to the site plan modification approval, as construction has not yet commenced and 25% of the cost of the associated improvements will not be able to be completed prior to the expiration of the site plan modification. Additional background and a complete analysis of the proposal are provided in the attached HPB staff reports dated March 21, 2001 and April 18, 2001. Pursuant to LDR Section 2.4.4(F)(1), extensions may be granted to previously approved applications pursuant to the following: • A written request for an extension must have been received by the City at least 45 days prior to the expiration date; • The letter must set forth the basis and reason for the extension; • The extension shall be considered by the same body which granted the original approval; • The extension, if granted, shall be for 18 months unless otherwise stated. Additionally, when an extension is requested for a project on which construction has not commenced the granting body must make findings as outlined in Article 3.1 of the Land Development Regulations. These are the same findings that were made for the original approval, which relate to Consistency with the Future Land Use Map and Comprehensive Plan, Concurrency, and Compliance with the Land Development Regulations. The letter of request (copy attached) was submitted by the owner's agent in a timely manner. The basis and reason for the extension is as follows: 'The basis and reason for our request is simple. The property has come under new ownership. Ownership that is quite serious. The previous ownership has, unfortunately, abandoned the project altogether. The new ownership wishes to commence with the previously approved application in terms of converting what was once a hair salon into a restaurant for casual contemporary dining". The original site plan modifications were approved subject to conditions, which were addressed and the development plans certified by the Director of Planning & Zoning. • Historic Preservation Board Staff Report Elizabeth's on 7th-Site Plan Extension Request Page 3 As previously stated, in conjunction with the Class II site plan modification the Board approved a waiver to reduce the required perimeter landscape buffer along the east side of the property from five feet (5') to zero feet (0'). With regard to Compliance with the Land Development Regulations (LDR), it is noted that a text amendment increasing the parking requirement for the creation of new restaurant floor area and conversion of existing floor area to restaurant use to six (6) parking spaces per 1,000 square feet was undertaken during the original approval process for Elizabeth's on 7th. The amendment also included the elimination of the one-time one-space parking reduction, under certain circumstances. As the- site plan was submitted prior to public hearing on the text amendment, the previous parking requirement was applied. In conjunction with the site plan modification approval, the City Commission approved an in-lieu fee request for one (1) parking space ($12,000). This fee was paid on April 26, 2001. Based upon these circumstances, it is appropriate to calculate the parking as previously approved. It is noted that the original findings of Concurrency can be reaffirmed with respect to the Level of Service Standards [LDR Article 3.1]. Therefore, it is appropriate to once again approve the COA and associated waiver, Class II site plan modification, landscape plan, and design elements for the development proposal. If the request for the extension were denied, it would necessitate the filing of a new site plan application. As the project has already been reviewed for compliance with the LDR, re-review would be redundant. Should the request for extension be approved, the site plan modification approvals would be extended for an additional 18 months, thereby expiring on April 18, 2004. ._. . .A`LTERN,ATIVE ACTIONS A. Continue with direction. B. Grant the COA and associated Class II site plan modification extension requests for Elizabeth's on 7th, until April 18, 2004. C. Deny the extension request for Elizabeth's on 7th, on the basis that construction in the field has not been diligently pursued. Such an action will necessitate the filing of a new site plan application. RECO�MM.ENDA°;TION By motion, approve the request for an extension of the COA and associated waiver, Class II site plan modification, landscape plan, and design elements for Elizabeth's on 7th, based upon positive findings with respect to Chapter 3 (Performance Standards), and Land Development Regulations Sections 2.4.4(F)(1), 2.4.5(F)(5) (Compatibility), 2.4.7(B)(5), 4.6.16, and 4.6.18, with said approval to be valid for an additional 18 months (expiring April 18, 2004). Attachments: • Extension Request Letter • Historic Preservation Board Staff Report, dated March 21, 2001 • Historic Preservation Board Staff Report, dated April 18, 2001. • August 21, 2002 City of Delray Beach 100 N.W. l"Avenue Delray Beach,Florida 33444 • Attn.: Paul Dorling,A.I.C.P.; Director of Planning and Zoning Re: Permit l 00-00072148;formerly established as"Elizabeth's"at 9 SE 7th Avenue Mr. Dorling: As the new Architect of Record for the above referenced project,please accept the following request for an eighteen(18)month extension of the previously issued building permit. We acknowledge being slightly tardy with this request,I believe the permit expires on September 21',and would greatly appreciate the consideration. The project,of course,is situated within The Marina Historic District. The basis and reason for our request is simple. The property has come under new ownership. Ownership that is quite serious. The previous Owner has,unfortunately,abandoned the project altogether. The new Ownership wishes to commence with the previously approved application in terms of converting what was once a hair salon into a"restaurant"for casual contemporary dining. We would like to proceed with this effort without delay. As The City might acknowledge,the property has been in disrepair for quite some time. I believe my client's intentions would make those previously approved plans come to fruition and finally establish a project that both he and The City can be proud of. Please accept our request. Do not hesitate to call should you have any questions and/or concerns, my office number is 274-6706. We are very anxious to proceed! Thank you in advance. incerely: r ( ilf,t; ... '1( . 0 ,,),„;I Roger Cope k Principal RWC/jad cc Scott Aronson, City of Delray Beach; Parking Management Specialist -.ScoftTpe;i; ity of Delray Beach; Senior Planner (116 94 14 I g)Wit' 144 e\a Cope Architects, Inc. 182 NE 5th Avenue Delray Beach,Florida 33483 Pho 561 274-6706 =� ITE:M BEFORE: TH=E BOARD 1...:...r a=....__.....a. ..........•L._..._tea ....... ..... . - _..._ . ..,..,3. __.._. .e.+. ...... ..... ,a.... .o._ __.A'. i-...e a.£.. ... i ... ..._. The action before the Board is that of approval of COA-438, which incorporates the following aspects of a Class III site plan modification for Elizabeth's on 7th Restaurant, pursuant to LDR Section 2.4.5(G)(1)(c): O Site Plan O Landscape Plan, and, - O Architectural Elevations. The subject property is located at the southeast corner of East Atlantic Avenue and SE 7th Avenue (9 SE 7th Avenue). .. , BAC_KGROUND The majority of the property is located in the CBD (Central Business District) zone district, while the south portion of the property (parking area) is zoned RM (Multiple Family Residential — Medium Density). The property is located entirely within the Marina Historic District. The property consists of Lots 1-3 and 9-11 of Block 125 (Replat of the original Town of Linton subdivision), and contains approximately 0.40 acres. Lot 11 is located in the RM zone district. The structure in question is located on the east side of SE 7th Avenue, approximately 90' south of E. Atlantic Avenue. The building was constructed in 1924 as a single- family residence and was originally located adjacent to East Atlantic Avenue. In circa 1940, the building was relocated to its present location in order to allow the construction of the existing two-story mixed-use building along Atlantic Avenue, which was built in 1941. The first floor of the building has been utilized as a beauty salon and the second floor contains an apartment. A site plan modification request has been submitted to convert the first floor to a restaurant and is now before the Board for action. PROJECT DESCRIPT`1ON' The development proposal incorporates the following: ❑ Conversion of the 1,999-square foot beauty salon to a restaurant. ❑ Enclosure of the 187-square foot covered porch on the north side of the building for use as a kitchen and maitre d' station; ❑ Construction of a 225-square foot storage room/walk-in cooler addition on the east side of the building; ❑ New wood stair railings on the north, south and east sides of the building; Historic Preservation Board Staff Report Elizabeth's on 7th-Class Ill Site Plan Modification, Landscape Plan and Building Elevations Page 2 • ❑ Modifications to the parking areas are proposed that will result in 17 on-site parking spaces and four off-site spaces; ❑ Construction of a dumpster enclosure; and, ❑ Installation of associated landscaping. PLANiMO.D,IF,ICAT-ION: ANALYSIS. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking 'final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix: Development Standards: The following table indicates that the proposal complies with LDR Sections 4.4.13(G)(2) and 4.3.4(K) as it pertains to the CBD zone district: DEVELOPMENT;`MATRIX: Standards Provided Building Height I Max.- 48' 8.5' Building Setbacks — Rear 0' 5' Open Space 0% 15% LDR Chapter 4.4.13 Central Business District (CBD) Regulations: Parking: The site plan modification request was submitted prior to the text amendment that increased the parking requirement for restaurants to six spaces per 1,000-square feet, and eliminated the one-time one space reduction, under certain circumstances. Therefore, the previous code requirements apply as noted below. Pursuant to LDR Section 4.4.13(G)(1)(a), the parking requirement for the subject property is one parking space for each 300 square feet of new non-residential floor area. The proposed floor plans indicate that 412 square feet of new floor area will be added to the existing use area (187-sq.ft. for the porch and 225-sq. ft. for the storage building). Given the square footage of the new use area, the proposed expansion is required to provide two additional parking spaces. Pursuant to LDR Section 4.4.13(G)(1)(b), the parking requirements for the subject property can be reduced by one parking space, as the allowable one-time reduction has not yet been applied to this site. Therefore, there is one new parking space required as a result of the additional floor area. Furthermore, the applicant proposes to reconfigure the existing parking area to accommodate the dumpster enclosure and a new handicap parking space. This • Historic Preservation Board Staff Report Elizabeth's on 7th-Class Ill Site Plan Modification, Landscape Plan and Building Elevations Page 3 reconfiguration results in a reduction from 20 existing parking spaces to 17 parking spaces. As the site is currently deficient with respect to parking, the eliminated spaces must be replaced. Based on the above, four parking spaces are required. The applicant has several options to address the deficiency, which include leaving the property in its present condition with no additional floor area, the in-lieu parking fee, reconfiguration of the parking area to provide additional on-site parking or an off-site parking agreement. The applicant proposes to provide the four deficient spaces off-site within the Northern Trust bank parking lot. The off-site parking agreement is discussed in the following section. Off-Site Parking Agreement: Pursuant to LDR Section 4.6.9(E)(4), in .instances where uses do not have sufficient space to accommodate customer and employee parking demands, parking requirements may be provided off-site. Parking for day-to-day operation may be provided on other property within three hundred feet (300') provided that both properties are of the same general type of zone designation, and when in compliance with, and pursuant to, the following: 1. The 300' distance shall be measured along an acceptable pedestrian route; 2. Approval of such off-site parking may be granted by the body, which has approval authority of the related site and development plan; 3. An agreement providing an easement for such use is prepared pursuant to Subsection (E)(5) and is recorded prior to certification of the site and development plan; 4. The provision of the parking easement shall not diminish the ability of the property upon which it is placed, to accommodate its required parking. Analysis: As noted previously, the applicant has submitted a request to provide four spaces on the adjacent property (occupied by Northern Trust Bank) to the east pursuant to the off- site parking agreement. The Bank's parking area contains 32 spaces and is located approximately 525' from Elizabeth's on 7th restaurant when measure along an acceptable pedestrian route. The site plan indicates that a gate will be installed along the wall between the bank's parking area and the restaurant, which effectively reduces the pedestrian route to zero feet. While the gate has been indicated, a pedestrian connection must be made from the bank parking area to the restaurant. Also, signage should be provided at the restaurant parking entrance stating that additional parking is available at the Northern Trust parking lot. While the patrons of the Blue Anchor restaurant are allowed to park in the bank's parking area, there is no formal agreement with the City associated with this arrangement, which would prevent Elizabeth's from utilizing the Bank's parking. The applicant has submitted a letter from Patio Partners, Inc., which is the owner of the Northern Trust Bank property, that states a willingness to enter an off-site parking agreement with the owner of the Elizabeth's on 7th property. The bank's hours of operation are Monday through Friday from 8:30 a.m. to 4:30 p.m. Historic Preservation Board Staff Report Elizabeth's on 7th-Class Ill Site Plan Modification, Landscape Plan and Building Elevations Page 4 The only other tenant of this building that holds an occupational license with the City is Winslow Press, which utilizes the site as a business office. While their operating hours are unknown, it is reasonable to assume that Winslow Press has standard business hours of operation and does not utilize the property after 5:00 p.m. The Blue Anchor's parking and the four spaces for Elizabeth's on 7th restaurant can be accommodated in the bank's parking area after business hours. Based on the above, the off-site parking agreement can be approved subject to a condition that the hours restaurant not operate between 8:30 a.m. and 5:00 p.m. Monday through Friday. Thus, the restaurant can only be open during evenings Monday through Friday, except for bank holidays. This agreement must be recorded prior to issuance of a building permit. LDR Section 5.3.1 (D)(2) Right-of-Way Dedication: The City requires dedication of private property for public right-of-way when property is proposed for development. The property owner is responsible for providing one-half of this right-of-way. Pursuant to LDR Section 5.3.1(D)(2), the ultimate right-of-way width for SE 7th Avenue is 60'. The existing SE 7th Avenue right-of-way adjacent to the subject property is 40' wide. Consequently, the applicant is required to dedicate 10' to the SE 7th Avenue ultimate right-of-way. Pursuant to LDR Section 5.3.1(D)(4), a reduction of the required right-of-way may be granted by the City Engineer with a favorable recommendation of the Development Services Management Group (DSMG). The DSMG and City Engineer considered the reduction of the ultimate right-of-way for SE 7th Avenue and approved a reduction from 60' to 50', requiring dedication of five- feet along the west side of the property. The site plan notes the dedication of the five- feet to the SE 7th Avenue right-of-way. The proposed site plan indicates that new stairs/porch, awning and landscaping will be located within the five-feet that will be dedicated to the City. It is acknowledged that when roadway improvements are made to this section of SE 7th Avenue, the two parking spaces on the west side of the parking area will be eliminated. A condition of approval is attached that the site plan be revised to locate the proposed improvements out of the ultimate right-of-way including the landscaping and staircase. Other Issues: Handicap Parking: The applicant proposes to convert two existing back-out parking spaces on the north side of the restaurant to one handicap parking space. The proposal includes a ramp on the north side of the building that leads to the front door. The proposed location of this handicap parking space creates an unsafe situation with respect to the backing of the larger vans into the right-of-way. Staff recommends that this handicap space be relocated to the south side of the building where the compact parking spaces are proposed. The patio area can be reduced to accommodate the parking space. A handicap ramp could be installed to the door on the south side of the building or to the front door via the patio to the public sidewalk and then to the front door. This configuration would allow the retention of the two parking spaces on the north side of the building. A condition of approval is attached that the handicap parking space be relocated to the south side of the building. ' Historic Preservation Board Staff Report Elizabeth's on 7th-Class Ill Site Plan Modification, Landscape Plan and Building Elevations • Page 5 Patio: The property contains a terrace garden/patio on the south side of the restaurant. This area cannot be utilized as a dining/seating area unless additional parking is provided. The applicant has indicated an interest in using this area in the future for dining and will be required to process a site plan modification that addresses parking at that time. A condition of approval is that the patio not be utilized with a note provided on the site plan. _ Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need be addressed prior to issuance of a building permit. • 1. That the site data table is revised to correctly note the parking requirement as 2.25 parking spaces per residential unit. 2. That a recorded Declaration of Unity of Title for lots 1-3 and 9-11 is submitted prior to issuance of a building permit. 3. That the overall height of the light pole and fixture is reduced to 25' when measured from grade. 4. That the location of sewer and water service to the building shall be noted on the site plan. LANDS0APEANALY.S1S The perimeter buffers adjacent to parking areas will consist of Solitaire Palms and Live Oak trees. These areas will be underplanted with Red Tip Cocoplum. Foundation and interior landscaping will consist of Pygmy Date Palms, Solitaire Palms, Live Oak trees, and existing Black Olive trees. These areas will be underplanted with Red Tip Cocoplum, Liriope Evergreen Giant, Crinum Lilly, and St. Augustine sod. As previously stated, the landscaping along the west side of the property is proposed in the area that will be dedicated as right-of-way. The landscaping must either be relocated or an agreement obtained to allow the landscaping within the right-of-way. This has been attached as a condition of approval. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to building permit submission. 1. That the tree species shall have a minimum overall height of 12' at the time of planting, a minimum of four feet of single straight trunk with six-feet of clear trunk, and a six-foot canopy spread. 2. That the landscape plan shall be revised to a 1:10 scale. Historic Preservation Board Staff Report Elizabeth's on 7th-Class Ill Site Plan Modification, Landscape Plan and Building Elevations Page 6 3. Proposed landscaping shall be relocated to eliminate conflict with overhead utility lines in accordance with direction by the City Horticulturist. 4. The new light pole along the south property line shall be noted on the landscape plan. . . r t DESI:GN ELE;,MENTSAN:ALYSIS Architectural Elevations As noted in the background section of this report, the building was constructed in 1924 as a single-family residence and was originally located adjacent to East Atlantic Avenue. In circa 1940, the building was relocated to its present location in order to allow the construction of the existing two-story mixed-use building along Atlantic Avenue, which was built in 1941. The first floor of the building has been utilized as a beauty salon and the second floor contains an apartment. The building contains opposing gable roofs with rafter tails and asphalt shingles. The building has wood siding and is painted gray with white trim and fascia. The applicant proposes to enclose the porch, construct a storage area and install new wood stair railing. The Board discussed the proposed elevation changes at its meeting on February 21, 2001. The Board directed the applicant to revise the north elevation to incorporate windows on the north side of the enclosed porch to match the existing windows. The applicant has revised the elevations to relocate the existing windows to the new porch wall. The Board directed the applicant to retain the existing columns from the porch. The revised plan indicates that the three existing porch columns will be preserved. Finally, the applicant was directed to install a 1:20 slope handicap ramp in order to eliminate the need for railings. The applicant has not complied with this direction and needs to be discussed by the Board. While the applicant has fully not complied with the Board's direction, the elevations have been revised indicating that vertical spindle rather than horizontal will be provided for all railings. As the ramp is located on the north side of the building for a short distance, it will not be as imposing as it would if installed along the front of the building. However, a condition of approval is attached that the railing be wood in order to be consistent with the architecture of the house. The applicant also proposes to install a new entry canopy with a burnt orange canvas cover. The building will be painted off- white with beige trim and fascia. The storage building is located on the east side of the restaurant and will not be visible from the public right-of-way. It contains a flat roof with wood siding painted to match the new color scheme of the building. The applicant proposes to install a light pole on the south side of the parking area. The light pole is concrete with "shoe-box" fixtures. Give the location of the property adjacent to residential uses and the historic character of the building, it is appropriate to provide a decorative pole and fixture. A condition of approval is attached, that a decorative light ' Historic Preservation Board Staff Report Elizabeth's on 7th-Class Ill Site Plan Modification, Landscape Plan and Building Elevations Page 7 pole and fixture is provided and that it be shielded to avoid spillage onto the residential property to the south. Staff recommendation: As noted in the site plan section of this report, the proposed staircase, porch and awning will be located in the ultimate public right-of-way. A condition of approval is attached that the entry features are revised so that they are located out of the public right-of-way. The entry foyer can be reduced in order to relocate the porch, awning and stairs out of the right-of-way. This will not significantly change the elevations and staff recommends approval of the changes at this time subject to a commensurate condition of approval. It is noted the awning may encroach into the right-of-way subject to an agreement with the City. . .. : RE`QU1RED FINDINGS ..,.._ :... _.. Pursuant to LDR Section 2.4.5(G)(1)(c)(Class Ill Site Plan Modification), a Class Ill site plan modification is a modification to a site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requires partial review of Performance Standards found in LDR Sections 3.1.1 and 3.2.3, as well as required findings of LDR Section 2.4.5(G)(5). Pursuant to LDR Section 2.4.5 (G)(5) (Findings), with a Class Ill site plan modification formal findings under Section 3.1.1 are not required. However, a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class III modification. The development proposal involves a 412 sq.ft. expansion to the existing building and conversion to a restaurant. The additional floor area consists of enclosing an existing porch and new storage room/cooler. Adequate water and sewer capacity exists to accommodate the proposal. The improvements are related to the conversion of a hair salon to a restaurant. The total proposed floor area of the restaurant is 2,411 square feet. Pursuant to LDR Section 2.4.5(G)(5), this minor modification does not significantly impact the previous findings as they relate to consistency with the Future Land Use Map, Concurrency or the Comprehensive Plan. Compliance with the Land Development Regulations was discussed earlier in this report. The development proposals minor impact on Concurrency items is discussed below. Traffic: The 2,411 sq.ft. restaurant use generates 198 new average daily trips. The hair salon generated 81 average daily trips. Therefore, the conversion of the restaurant and new floor area results in a net increase of 117 average daily trips onto the surrounding road network. The proposed restaurant conversion/expansion will not have a significant impact on the surrounding road network and is exempt from meeting concurrency standards, as the property is located in the TCEA (Traffic Concurrency Exception Area). Historic Preservation Board Staff Report Elizabeth's on 7th-Class Ill Site Plan Modification, Landscape Plan and Building Elevations Page 8 Solid Waste: The proposed 2,411 sq. ft. restaurant will generate 30.02 tons of solid waste per year (2,411 sq.ft. x 24.9 lb./sq.ft./year = 60,033.9 lbs/2,000 lb. = 30.02 tons). The hair salon generated approximately 5.40 tons of solid waste per year. Therefore, the conversion of the restaurant will have a net increase of 24.62 tons of solid waste per year. The Solid Waste Authority indicates in its annual report that the established level RE=VIEW BY OTHERS Downtown Development Authority: At its meeting of February 21, 2001, the DDA (Downtown Development Authority) recommended approval of the site plan modification proposal. The DDA recommended approval subject to the provision of additional lighting in the parking areas. Community Redevelopment Agency: At its meeting of February 8, 2001, the CRA (Community Redevelopment Agency) recommended approval of the site plan modification proposal. }, ASSES.SM.ENT The development proposal is consistent with the policies of the Comprehensive Plan, LDR Chapter 3 and LDR Section 2.4.5(G). The enclosure of the porch and new 225- square foot attached storage/cooler is consistent with the existing development. The proposed modifications will have an insignificant impact on public services. The off-site parking agreement will accommodate the required parking spaces. The proposed stairs, landscaping and porch must be relocated out of the public right-of-way and an agreement provided for the awning. Finally, the relocation of the handicap parking space will provide a safer area for the handicap patron. ALTE'RNA.TI1/E ACTIONS` 1. Continue with direction. 2. Approve COA-438 and the associated site plan and design elements for Elizabeth's on 7th Restaurant. 3. Deny COA-438 and the associated site plan and design elements for Elizabeth's on 7th Restaurant with basis stated. RE C-0 Tvill/LE N D E D :`A CTI O N� By Separate Motions: • Historic Preservation Board Staff Report Elizabeth's on 7th-Class III Site Plan Modification, Landscape Plan and Building Elevations • Page 9 Special Action: Approve the off-site parking agreement for Elizabeth's on 7th Restaurant on the Northern Trust Bank property subject to the condition that the restaurant is restricted from operating between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday, that a pedestrian connection be made between Northern Trust Bank and the restaurant, and that signage be installed at the restaurant parking entrance stating that additional parking is available at Northern Trust Bank. Site Plan Modification: Approve COA-438 for the Class Ill site plan modification for Elizabeth's on 7th Restaurant based on positive findings with respect to the Land Development • Regulations, subject to the following conditions: 1. Address all Technical Items and submit three (3) copies of the revised plans. 2. That all improvements including the staircase and porch are relocated out of the NE 7th Avenue ultimate right-of-way. 3. That the handicap parking space is relocated to the south side of the restaurant. 4. lat the off-site parking agreement be recorded prior to issuance of a building permit. 5. That a right-of-way deed be executed prior to issuance of a building permit. 6. That a note is added to the site plan that indicates that the patio area on the south side of the building will not be utilized as a dining or seating area. Landscape Plan: Approve COA-438 for the Elizabeth's on 7th Restaurant landscape plan based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following condition: 1. Address all Landscape Technical Items and submit three (3) copies of the revised plans. 2. That the landscape plan will be revised to relocate proposed landscaping out of the right-of-way. Design Elements: Approve COA-438 for the Class Ill site plan modification design elements for Elizabeth's on 7th Restaurant based upon positive findings with respect to Section 4.5.1, subject to the following condition: 1. That the railing shall be wood. Historic Preservation Board Staff Report Elizabeth's on 7th- Class Ill Site Plan Modification, Landscape Plan and Building Elevations Page 10 2. That the light pole and fixture shall be decorative and shielded. 3. That an agreement is executed for the installation of the awning within the right- of_way prior to issuance of a building permit. Attachments: • Site Plan, Landscape Plan and Architectural Elevations Report prepared by: Scott Pape, Senior Planner PRESERVATION Br O A R Agent: Arthur J. Brauer Project Name: Elizabeth's on 7th Restaurant Project Location: 9 SE 7th Avenue The action before the Board is that of COA-438, which incorporates the following aspects of the development proposal for the Elizabeth's on 7th, pursuant to LDR Section 2.4.5(G)(1)(b): ❑ Class II Site Plan Modification; ❑ Landscape Plan; and, ❑ Design Elements. D Waiver to the following requirement: LDR Section 4.6.16(H)(3)(d) — A request to reduce the required perimeter landscape strip along the east side of the property from five-feet to zero feet. The subject property is located at the southeast corner of East Atlantic Avenue and SE 7th Avenue (9 SE 7th Avenue). :__. B A C:'K G:RO U.ND The majority of the property is located in the CBD (Central Business District) zone district, while the south portion of the property (parking area) is zoned RM (Multiple Family Residential — Medium Density). The property is located entirely within the Marina Historic District. The property consists of Lots 1-3 and 9-11 of Block 125 (Replat of the original Town of Linton subdivision), and contains approximately 0.40 acres. Lot 11 is located in the RM zone district. At its meeting of March 21, 2001, the Historic Preservation Board approved a Class Ill site plan modification for the enclosure of the porch, a walk-in cooler and off-site parking agreement. The Board directed the applicant to revise the parking areas to provide additional parking spaces in an effort to eliminate the need for the off-site parking agreement, which restricted the hours of operation for the restaurant. The Board's conditions of approval are as follows: HPB Staff Report Elizabeth's on 7th —Class II Site Plan Modification Page 2 Special Action: Approved the off-site parking agreement for Elizabeth's on 7th Restaurant on the Northern Trust Bank property subject to the condition that the restaurant is restricted from operating between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday, that a pedestrian connection be made between Northern Trust Bank and the restaurant, and that signage be installed at the restaurant parking entrance stating that additional parking is available at Northern Trust Bank. Further, the Board approved the off-site parking agreement subject to further consideration with respect to reconfiguration of the parking area. Site Plan Modification: 1. Address all Technical Items and submit three (3) copies of the revised plans. 2. That all improvements including the staircase and porch are relocated out of the NE 7th Avenue ultimate right-of-way. 3. That the off-site parking agreement be recorded prior to issuance of a building permit. 4. That a right-of-way deed be executed prior to issuance of a building permit. 5. That a note is added to the site plan that indicates that the patio area on the south side of the building will not be utilized as a dining or seating area. Landscape Plan: 1. Address all Landscape Technical Items and submit three (3) copies of the revised plans. 2. That the landscape plan will be revised to relocate proposed landscaping out of the right-of-way or that the applicant executes a landscape maintenance agreement with the City. Design Elements: 1. That the railing shall be wood. 2. That the light pole and fixture shall be decorative and shielded. 3. That an agreement is executed for the installation of the awning within the right-of- way prior to issuance of a building permit. 4. That the existing columns of the porch are preserved and that three sets of matching windows to those existing are provided between the columns. 5. That the handicap ramp be sloped sufficiently to create a pedestrian walkway without a railing while meeting ADA requirements. Revised plans have been submitted addressing the majority of the conditions. The outstanding conditions of approval are attached as conditions in Exhibit "A." The revised plans include reconfiguration of the parking areas and an outdoor dining area, which are now before the Board for action. HPB Staff Report Elizabeth's on 7th —Class II Site Plan Modification Page 3 DEVEL_OPM_ENT P'ROP''OSAL The development proposal consists of the following: > Demolition of the garage along the east side of the property and reconfiguration of the parking areas to provide 21 parking spaces on the property (19 in the southern parking area and two in the parking area on the north side of the restaurant); > Reconfiguration of the staircase on the west side of the building (out of the ultimate right-of-way); - > Installation of a 300 square foot patio/dining area on the east side of the building; > Installation of two dumpsters on the east side of the south parking area; and, • Installation of associated landscaping. REQ'UIR°ED FIN-DI.NGS Pursuant to LDR Section 2.4.5(G)(1)(b), a Class II site plan modification is a modification to a site plan (other than Class I applications) which requires no review of the Performance Standards found in LDR Section 3.1.1, but which requires action by a Board. LDR Section 2.4.5(G)(5) (Findings): Pursuant to LDR Section 2.4.5(G)(5), formal findings are not required for a Class I or II modification. SITE PLAN MOD'IFICATI.ON.. ANALY SIS COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall be specifically addressed by the body taking final action on the site and development proposal. LDR Chapter 4.4.13 Central Business District (CBD) Regulations: Parking: The applicant has revised the site plan, which now provides 21 on-site parking spaces in accordance with the Board's direction. This parking configuration meets the minimum required parking for the existing building together with the porch enclosure and new walk-in cooler. As noted in the Project Description section of this report, the revised site HPB Staff Report Elizabeth's on 7th —Class II Site Plan Modification Page 4 plan includes a 300 square foot patio/dining area on the east side of the restaurant, which requires the provision of parking. Detailed drawings and measurements must be submitted for the patio or deck that indicates the square footage. If the use area exceeds 300 square feet, an additional in-lieu parking fee will be necessary. The site plan modification request was submitted prior to the text amendment that increased the parking requirement for restaurants to six spaces per 1,000-square feet, and eliminated the one-time one space reduction, under certain circumstances. Therefore, the previous code requirements apply as noted below. Pursuant to LDR Section 4.4.13(G)(1)(a), the parking requirement for the subject property is one parking space for each 300 square feet of new non-residential floor area. Therefore, one additional parking space (22 total) is required due to the new patio. Pursuant to LDR Section 4.6.9(E)(3), the applicant has requested that this additional parking space be provided under the City's in-lieu fee. The property is in Area No. 2 of the program, which requires a $12,000 fee per parking space. The City Commission will consider the in-lieu fee request at its meeting of April 17, 2001. A condition of approval is attached that the site plan approval is subject to City Commission approval of the in-lieu parking space request. In addition to the above, there is an existing mature Black Olive tree located on the south side of the property, adjacent to the building. The reconfiguration of the parking area will require the removal of this tree. The City Horticulturist has requested that this tree be preserved on-site due to its aesthetic impact on the property. In order to preserve this tree in its present location, the parking lot on the south side of building must be redesigned to provide a landscape island. The provision of this planter area will cause the elimination of one parking space to accommodate the tree. The City Commission will consider a waiver to allow the reduction of one parking space in order to create this planter area at its meeting of April 17, 2001. The proposed site plan containing 21 parking spaces will be valid if the City Commission denies this waiver. A condition of approval is attached that the site and development plans are revised to provide a curbed landscape island for the Black Olive if the City Commission approves the waiver to reduce the parking requirement by one space. LDR Chapter 4.6 Supplemental District Regulations: Compact Parking: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars. Based on the parking analysis, a maximum of six of the parking spaces may be designated compact parking spaces. The site plan indicates that seven spaces will be compact spaces (8' wide). A condition of approval is attached that the site plan is revised to provide a maximum of six compact parking spaces. Additional standard spaces (9' wide) can be obtained by reducing the landscape island at the driveway or adjacent to the dumpster areas. HPB Staff Report Elizabeth's on 7th —Class II Site Plan Modification Page 5 Handicap Accessibility: Patio/Dining Area: The Chief Building Official has indicated that the "New Patio Area" on the east side of the building must be accessible to the handicap from the interior of the restaurant according to the Florida Accessibility Code for Building Construction, 1997 edition. This will require that a ramp will be installed or that a deck is elevated to the floor height of the restaurant. A condition of approval is attached that site and development plan provides a patio/dining area that is handicap accessible from the interior of the building. Entrance Ramp Accessibility: A 44" path is required between the parking on the north side of the restaurant and the handicap ramp for access to the landing. A condition of approval is attached that the two nine-foot wide parking spaces adjacent to the ramp be converted to eight-foot wide compact parking spaces. This will require the conversion of two compact spaces in the southern parking tier to standard space to maintain the 30% maximum compact space requirement. As stated previously, to compensate for the conversion of compact spaces to standard, two-feet can be converted from the terminal landscape islands at the east end of the parking tier. Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need be addressed prior to issuance of a building permit. 1. That detailed drawings of the patio/dining area that verifies a maximum use area of 300 square feet shall be submitted prior to issuance of a building permit. 2. That the dumpsters are enclosed with a wood or masonry enclosure with a vision obscuring gates. LANDSCAPE`...P The proposed landscape plan has been revised due to the parking reconfiguration and five-foot right-of-way dedication for SE 7th Avenue. The revised landscape plan provides perimeter landscaping that consists of Live Oak trees, Black Olive trees, Pygmy Date palms, Solitaire palms, Liriope Giant, Ti Plant, Cocoplum hedge, and Crinum Lily. Interior landscape areas will be planted with Liriope Giant, Solitaire palm, Cocoplum hedge, Solitaire palms, and St. Augustine sod. The plans will need to be revised to address the technical comments as well as the retention of the Black Olive tree if the City Commission grants the parking reduction. The proposal includes two landscape waiver requests, which are discussed below. HPB Staff Report Elizabeth's on 7th —Class II Site Plan Modification Page 6 Perimeter Landscape Strip: Per LDR Section 4.6.16(H)(3)(d), a 5'-wide (interior dimension) landscape strip is required to buffer off-street parking areas and adjacent properties. This landscape strip is required between the south parking area and the property line to the east, where there is no proposed landscape strip. The applicant has submitted a waiver request to reduce the width of the required landscape strips. Waiver Analysis: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. In order to comply with the Board's direction, the site plan has been revised to provide a 90-degree parking tier along the south side of the property. In order to provide the required number of parking spaces the perimeter landscape strip along the east side of the property adjacent to the back-out maneuvering and dumpster areas cannot be provided. There is an existing five-foot high concrete wall that separates the property from the adjacent property to the east. A positive finding with respect to a waiver of the required perimeter landscape strip width from 5' to zero-feet can be made, as the wall will provide sufficient buffer with the adjacent commercial property, and the waiver will only apply to a 38' portion of the property. The proposed landscape waiver is the minimum necessary to develop the property as a parking area for the proposed use. The waiver will not affect the delivery of public services, and will not create an unsafe situation with respect to public safety. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. Perimeter Landscape Buffer(at driveway): Pursuant to LDR Section 4.6.16(H)(3)(a), a continuous hedge and one tree for every thirty feet is required to be planted along the perimeter buffer that separates the vehicular use area from the adjacent right-of-way. A tree and hedge is required between the parking spaces and SE 7th Avenue on the north side of the driveway. In order to accommodate the handicap accessible parking space, the landscape island has been eliminated. This was done in response to the Board's direction. The sidewalk HPB Staff Report • Elizabeth's on 7th —Class II Site Plan Modification Page 7 between the handicap parking space and public sidewalk should be relocated to align with the sidewalk on the north side of the south parking area and a hedge and tree installed in the ultimate right-of-way adjacent to the handicap parking space. This will require execution of a landscape maintenance agreement to locate the landscaping in the right-of-way. A condition of approval is attached that the required perimeter landscaping is located in the adjacent right-of-way on the north side of the driveway and a landscape maintenance agreement recorded. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to building permit submission. 1. That the landscape plan shall be drawn, stamped and sealed by a Registered Landscape Architect 2. Pursuant to LDR Section 4.6.16(E)(3), all landscape areas shall be separated from vehicular use areas by non-mountable, reinforced curbing of the type characterized as "Type D." 3. That the proposed Oak trees shall be relocated from beneath overhead power lines or changed to a species with a lower mature height. 4. That the applicant shall submit calculations using the City's standard form. 5. That the spacing of the two Live Oaks along the east side of the property is adjusted in accordance with direction by the City Horticulturist. 6. That the location of the existing trees on the adjacent property to the south along the property line is noted on the landscape plan and that the light pole is located to avoid a conflict. 7. That the two proposed Live Oak trees along the southern property line are removed from the landscape plan. 3. That the proposed Black Olive tree is exchanged for another tree species in accordance with direction by the City Horticulturist. 9. The two Live Oak trees east of the building and patio area are proposed in a three- foot wide landscape area. The trees should be replaced with a palm or smaller shade tree that can grow in a small area in accordance with direction by the City Horticulturist. DESIGN ELEMENTSANALYSIS The Board directed the applicant to revise the building elevations at its meeting of March 21, 2001. The building elevations have been revised to note the retention of the porch columns. However, the elevations need to include either working windows or faux HPB Staff Report Elizabeth's on 7th —Class II Site Plan Modification Page 8 windows between each of the columns (three total sets of windows). The two new sets of windows must match the existing windows that will be relocated. REVIE:1N .BY' O.THE.RS . ' Downtown Development Authority: At its meeting of February 21, 2001, the DDA (Downtown Development Authority) recommended approval of the site plan modification proposal. The DDA recommended approval subject to the provision of additional lighting in the parking areas. Community Redevelopment Agency: At its meeting of February 8, 2001, the CRA (Community Redevelopment Agency) recommended approval of the site plan modification proposal. ASSESSMENT',`AND C_ONC tU SIQN The proposed changes are in accordance with the Board's direction. The site and development plan includes an outdoor dining area that will require the payment of an in- lieu parking space. As noted in the parking analysis, the City Commission will consider a waiver to the parking requirements in order to save an existing mature Black Olive tree. Finally, the revised site and development plans have addressed several of the conditions of approval. However, there are several outstanding conditions of approval that must be addressed and are attached as conditions of approval in Exhibit "A." A positive finding can be made with respect to the waiver to the perimeter landscape strip along the east side of the property. • ALTERNATIVE ACTIO-NS A. Continue with direction. B. Approve COA-438 and the associated Class II site plan modification, landscape plan, and design elements for the Elizabeth's on 7th Restaurant, subject to conditions. C. Deny COA-438 and the associated Class II site plan modification, landscape plan, design elements for the Elizabeth's on 7th Restaurant, with the basis stated. HPB Staff Report • Elizabeth's on 7th —Class II Site Plan Modification Page 9 By Separate Motions: Waiver: 1. Approve the waiver to LDR Section 4.6.16(H)(3)(d), to reduce the required five-wide perimeter landscape strip along the east side of the property from five-feet to zero feet based on positive finding with respect to LDR Section 2.4.7(B)(5). Site Plan: Approve the Class II site plan modification for the Elizabeth's on 7th Restaurant, based upon positive findings with respect to the Land Development Regulations subject to the following conditions: 1. Address all Site Plan Technical Items and previous conditions of approval in Exhibit "A" and submit three (3) copies of the revised plans; 2. The site plan approval shall be contingent on City Commission approval of the in-lieu parking space request and that the $12,000 in-lieu parking fee shall be remitted to the City prior to issuance of a building permit. 3. The site and development plans shall be revised to provide a curbed landscape island for the Black Olive if the City Commission approves the waiver to reduce the parking requirement by one space. 4. The site and development plans shall be revised to provide a maximum of six compact parking spaces. 5. The site and development plan shall be revised to provide access to the patio/dining area that is handicap accessible from the interior of the building. 6. The two nine-foot wide parking spaces adjacent to the ramp shall be converted to eight-foot wide compact parking spaces and a 44"-wide paved path provided to the handicap ramp landing from SE 7th Avenue. Landscape Plan: Approve the landscape plan for the Elizabeth's on 7th Restaurant, based upon positive findings with respect to LDR Section 4.6.16, subject to the following conditions: 1. Address all Landscape Technical Items and previous conditions of approval in Exhibit "A" and submit three (3) copies of the revised plans. HPB Staff Report Elizabeth's on 7th —Class II Site Plan Modification Page 10 2. That a tree and hedging is installed in the ultimate right-of-way on the north side of the driveway and that an executed landscape maintenance agreement is submitted prior to issuance of a building permit. Design Elements: Approve the elevations for the Elizabeth's on 7th Restaurant, based upon positive findings with respect to LDR Section 4.5.1, subject to the attached conditions of approval noted in Exhibit "A." Attachments: • Appendix A • Site Plan • Landscape Plan • Elevations Report prepared by: Scott Pape, Senior Planner The following are those conditions of approval from the March 21, 2001 Historic Preservation Board's that remain outstanding and shall be addressed concurrent with the subject Class II site plan modification: Site Plan Modification: 1. That the site data table is revised to correctly note the parking requirement as 2.25 parking spaces per residential unit. 2. That a recorded Declaration of Unity of Title for lots 1-3 and a-11 is submitted prior to issuance of a building permit. 3. That the overall height of the light pole and fixture is reduced to 25' when measured • from grade. 4. That the location of sewer and water service to the building shall be noted on the site plan. 5. That a right-of-way deed be executed prior to issuance of a building permit. Landscape Plan: 1. That the tree species shall have a minimum overall height of 12' at the time of planting, a minimum of four feet of single straight trunk with six-feet of clear trunk, and a six-foot canopy spread. 2. That the landscape plan shall be revised to a 1:10 scale. 3. Proposed landscaping shall be relocated to eliminate conflict with overhead utility lines in accordance with direction by the City Horticulturist. 4. The new light pole along the south property line shall be noted on the landscape plan. Design Elements: 1. That the railing shall be wood. 2. 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I It iiiillki!It'll' II Ilk'_ ,. _.. ..._..._______. LoANA 14..111111H 111111- . • •--..-- . 4141 11L 2.AvitAm . . • -.1--1- 1714. I__I • •• ' i. I 1 ... • • I .1-1',,,. .'..., III , -'1 •' • . .__ .. 1 •"•'-''"-•-- M .-••• . . .- . . . •rt . ., .2s. T,. . .. r:;...i-i:1•17.-46--. . ., , •. I?..1 C.:1 1.11 I‘I'....)I 1.)E.', I iI..1,E V A'1 11 0 1,1 ...... ,...,.,,, . • .• . . ._ . . . . .. ,:4 NCI. ._... . ) I .. .A (,. ,.-. 1.4..I .. , OEERAYBEACH " DEERAY BEACH AII•AmeEicaCliy HISTORIC PRESERVATION BOARD All•NoericaCAY 1 ) MEMORADUM STAFF REPORT 1993 1993 2001 2001 Agent: Tamelyn Sickle, Owner Project Name: Price House Project Location: 1109 Sea Spray Avenue, Individually Listed Historic Property ITEM BEFORE THE BOARD The action requested of the Board is re-consideration of existing windows, associated with a previously approved Certificate of Appropriateness for the Price House, pursuant to LDR Section 2.4.6(J). BACKGROUND/PROJECT DESCRIPTION The "Price House", named for its original owners, is zoned R-1-AAA (single family residential) and faces south onto Sea Spray Avenue. The home, constructed in 1935 in the Monterrey style and designed by Delray Beach's first "city architect" Samuel Ogren, was originally located at 526 North Ocean Boulevard. At that time, the home was sited on approximately two and a half acres, and had a view of the ocean. In 1998, the property was purchased for the development of five multi-million dollar homes that forced either the relocation or demolition of the dwelling. Rather than demolish the home, the owners, Steven Hayes and Patricia Okenica, moved the house and the two-story garage to its present location at 1109 Seaspray Avenue. To accomplish this, the owner's 1960 home was demolished to clear the site. The lot is approximately a quarter acre and fronts on Sea Spray Avenue. On March 3, 1998, the City Commission approved designating the property as an individually listed historic property due to its architectural significance. During its meeting on March 18, 1998, the HPB approved a COA for the rehabilitation of the property including site preparation, mechanical upgrades, and general repairs related to the relocation of the building. The City Commission later granted an ad valorem tax exemption for those improvements in February 2000. The tax exemption extends from January 1, 2000 through December 31, 2009. On May 2, 2001, the Historic Preservation Board reviewed and approved improvements to the property for the Sickle family, who purchased the property the same year. The proposed alterations included a two-story addition, new roof, balcony extension, replacement of an existing window with a door, relocation of rear windows, landscape plan, and related interior improvements. The Board approved the requested improvements with several conditions including that the three, modern, single light windows on the first floor, south facade (facing Sean Spray Avenue) be replaced with Agenda Item: II.C. October 16, 2002 1109 Seaspray Avenue,Windows Page 2 those that are more suitable for the period of construction. While permits were issued and the work has been completed, this condition of approval was not met. The Certificate of Occupancy is currently pending, therefore, re-consideration of replacement of the windows is now before the Board. ANALYSIS Development Standards LDR Section 4.5.1(E)(4), (E)(7), and (E)(8)(a-k) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The applicable standards are as follows: (E)(4) 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. (E)(8) 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 facade of a building in association with the predominant material used in surrounding historic sites and structures within the historic district. Delray Beach Design Guidelines Section IV. Windows Design and install new windows when the historic windows are completely missing. New windows in additions, or exposed party walls, should be compatible with the overall design, but not necessarily duplicate the fenestration pattern and detailing of a character defining elevation. Changing the historic appearance through inappropriate design materials, finish, or color which changes the sash, depth of reveal, the reflectivity, or the appearance of the frame is inappropriate. Secretary of the Interior's Standards (Department of the Interior regulations, 36CFR Part 67), Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. Non-significant buildings, additions, or site features should be removed which detract from the historic character of the site. 1109 Seaspray Avenue, Windows Page 3 The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. Conclusion The three extant modern, single light windows lie on first floor of the south elevation facing Sea Spray Avenue. The windows are particularly prominent due to their location on the projecting cross gable which highlights the fireplace and fenestration on the front façade. Original analysis of the building concluded that the use of modern windows along such a prominent façade was inappropriate (though finished prior to the current owner's purchase of the property) and that while the other proposed improvements were being completed that the modern windows should be replaced with those more appropriate to the period. As this condition has not been met, the modern windows should be replaced with a complimentary light configuration (such as casement-original to the fenestration on the first floor-or a 6/1 pattern) similar to those found on the remainder of the building. Based on LDR Section 4.5.1 (E)(4) and (E)(8), the Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, the modern windows are incompatible with the design of the dwelling and should be replaced with an appropriate and sensitive treatment. Any suggested treatment or replacement of the windows must be compatible with the extant fenestration and must not irreparably damage the historic fabric of the dwelling. ALTERNATIVE ACTIONS 1. Continue with direction. 2. Approve the request to eliminate the condition of approval and retain the modern windows on a contributing building at 1109 Sea Spray Avenue, based upon positive findings with respect to LDR Section 4.5.1(E)(4) and (E)(8), the Delray Beach Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. 3. Deny the request to eliminate the condition of approval to replace the modern windows with those that are more appropriate for the period of construction on a contributing building at 1109 Sea Spray Avenue, based on a failure to make positive findings with respect to LDR Section 4.5.1(E)(4) and (E)(8), the Delray Beach Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation with the basis stated. RECOMMENDATION Deny the request to eliminate the condition of approval to replace the modern windows with those that are more appropriate for the period of construction on a contributing building at 1109 Sea Spray Avenue, based on a failure to make positive findings with respect to LDR Section 4.5.1(E)(4) and (E)(8), the Delray Beach Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation with the basis stated. Report prepared by Wendy Shay, Historic Preservation Planner Attachments: HPB Report for COA 443, Photos HISTORIC PRESERVATION BOARD STAFF REPORT Project Name: COA 443, "The Price House" Project Location: 1109 Sea Spray, an individually designated Local Historic Landmark. Gary Eliopolous, Architect and Authorized Agent ITEM BEFORE THE BOARD The action requested of the Board is approval for an addition and alterations to the residence pursuant to Land Development Regulations (LDR) Section 2.4.6(J). BACKGROUND The "Price House", named for its original owners, is a remarkable story of survival. The home, constructed in 1935 and designed by Delray Beach's first "city architect" Samuel Ogren, was originally located at 526 North Ocean Boulevard. At that time, the home was sited on approximately two and a half acres, and had a spectacular view of the ocean. In 1998 the property was purchased for a development of five multi-million dollar homes. Rather than demolish the home, owners Steven Hayes and Patricia Okenica moved the house and the two-story garage to its present location on Sea Spray Avenue. To accomplish this, they actually demolished their 1960 home to clear the site. The one lot is approximately a quarter acre and fronts on both Sea Spray and Ocean Drive. The site preparation, mechanical upgrades, and general repairs to the home cost the Hayes' over $287,000. The City Commission granted an ad valorem tax exemption for the improvements in February 2000. The tax exemption runs from January 1, 2000 through December 31, 2009. DESCRIPTION OF EXISTING CONDITIONS The residence is located in a R-1AAA zoning district, and faces south onto Sea Spray Avenue. A single story non-historic house is to the east, and another non-historic two story home is to the west. Front (South) Elevation The south elevation is a two-story section composed of three bays: a raised coquina porch with a flight of steps leading to the front door on the east end; a projecting bay featuring a prominent brick chimney flanked by windows in the center, and a porte-cochere that carries the second story porch on the west end. The roof is gabled and covered with asphalt tile shingles. Rear (North) Elevation: Main Residence As the house extends back, one-story sections connect on a perpendicular with the main house. The one-story section on the east is gable roofed, while the one story section on the west is flat roofed. An exterior stair provides access to the second floor on the west end. Because the sections are elevated and accessed by stairs, the resulting space between the one and two Meeting Date: May 2, 2001 Agenda Item: IV.B. COA 443 1109 Sea Spray Avenue—Building Addition Page 2 story sections create a courtyard area. It is this space that will principally be affected by the addition. Two Story, Two Car Garage Accessory Building The garage is a two-story volume that repeats the form and detail of the main residence. The roof is gabled, covered in asphalt tile and features a return at the gable ends. Fenestration is consistent with the main residence, as it possesses six-over-one double hung windows. An exterior stair leads to a porch on the west, and features the same rail detail of the main residence. In the original designation report the garage was called out as non-contributing. No explanation was given for that classification. PROPOSED ALTERATIONS AND ADDITION The proposal includes the following that will affect the exterior: • Two-story addition extending north from the main residence; • Extension of second floor balcony along the north side of the second story addition; • Roof material change from asphalt shingle to a metal seam roof (Main residence, addition, and garage); • Construction of a one story connection between the main residence and the garage; • Wooden lattice screen to be installed along the south side of the porte-cochere and installation of a trellis with outrigger beams on the south side which will extend out from below the roof the porte-cochere; • Addition of a bracketed shed roof over the main doorway off the elevated porch; • Conversion of an existing window to a door on the west elevation; • Relocation of windows on the rear, east elevation as a result of the addition; and, • Installation of a trellis above the second floor balcony on the north. The interior space created by the addition includes the following: • First Floor: Family room and expanded kitchen/ breakfast area; and, • Second Floor: Master bedroom/ bath, walk-in closet Landscape Plan: A landscape plan has been submitted which exceeds the landscape code requirements for single family homes. While the landscape plan does not require Board action, the plan has been provided for information purposes. DESIGN ELEMENTS ANALYSIS SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION: Pursuant to LDR Section 4.5.1(E)(4), 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. The Standards that have particular application in this instance are: #2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. COA 443 1109 Sea Spray Avenue—Building Addition Page 3 #9 New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible in massing size, scale, and architectural features to protect the historic integrity of the property and its environment. #10 New additions and related new construction shall be undertaken in such a manner that I removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. ANALYSIS: The proposal represents a substantial change to the property, increasing the square footage in the main residence by an additional nine-hundred and thirteen (913) square feet. Visibility Because the lot is small relative to its original location, what would have been prominent views are no longer. Very little of the house can be seen from the public's vantage point on either the Sea Spray Avenue or the Beach Drive sides. Economy and Livability The City of Delray Beach's Historic Preservation Board has adopted the Secretary of the Interior's Standards for Rehabilitation (emphasis added) to assist in evaluation of changes to historic buildings. Rehabilitation is defined as: "The process of returning a property to a state of utility through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features which are significant to its historic, architectural, and cultural values." Rehabilitation assumes change. With that in mind, review of the addition is evaluated with respect to the scope of the changes proposed, and to what degree the proposed changes affect character-defining features. Main Elevation The changes to the main elevation are minimal and do not significantly affect the existing character. The lattice screen over the carport does affect our perception of the original use of the structure as a place for vehicular storage, but it is not structural and the screen could easily be removed. The extending of the outrigger beams to create a trellis is also considered a minimal change, which does not affect the character of the main structure. The simple roof cover over the main entrance door serves a functional purpose, and the support brackets repeat a motif found in the porte-cochere. What is not addressed in the drawings is the replacement of the fixed glass windows on either side of the chimney. This inappropriate window treatment detracts from this most prominent elevation, and as the construction represented in this proposal is extensive, it would seem an opportune time to consider their replacement. COA 443 1109 Sea Spray Avenue—Building Addition Page 4 Roof Material The durability of a metal roof as measured against one covered in asphalt shingles is a factor when considering this significant change. This home is featured on page 20 of the City of Delray Beach's Design Guidelines for Historic Places, as a representative example of the "Monterey Style". The features that characterize this style are listed as follows: • Frame or brick facades (sometimes combination) • Pitched roofs • Cantilevered second-story balcony covered by the principal roof • Roof materials were tile or shingle • Paired windows. Full length windows onto the balcony • Simple front doors and entries In an undated photograph, signed by the original architect Samuel Ogren Sr. and included in the historic designation report, the residence is shown roofed with a flat shingle. The use of a metal seamed roof is a departure from the original, which is generally discouraged. The Board may wish to further investigate the incidence of similarly-styled residences having metal roofs. A preliminary look at existing research resources indicates that metal was not the standard. North, East, West Elevations/Addition (Note: The architect has developed two alternative schemes for the roof design labeled as Scheme #1 and Scheme #2. The proposal will first be addressed comprehensively using the drawings in Scheme#1). To provide a family room and expanded kitchen on the first floor, which eliminates an existing bedroom, a two story addition will be built over the space previously occupied by the open courtyard. The kitchen expands from its present location and the windows on the east side of the first floor will be shifted to the north to correspond with open areas interior to the structure. Second Story Addition: Great attention has been paid to respecting the detail of the main house relative to window dimension and type, gable slope, and materials. The addition is a complicated series of projections that extend the house northward. The architect has established a harmony with the existing house by respecting basic proportions that had originally been expressed. For example, the one story section on the east side housing the original kitchen ended in a porch where the gable ends returned, as in the other extended sections of the original. For the new addition, the architect has extended the two bays which are gabled roofed, and repeats the original decorative gable return. The flat roof of the second floor balcony creates a "bridge", and helps to break up what otherwise might have been an overpowering building mass. In consonance with Standard #9, the architect has made an effort to differentiate the new from the old. The balustrade of the new second floor porch uses a rail pattern that is inspired by existing decorative detail, but does not replicate it. In Scheme #1, the addition is covered by a gable roof that connects on a perpendicular with the existing gable roof. In this scheme, the gable end does peak beyond the main roof ridge when viewed from the south. The apex of the gable contains a louvered vent similar to the treatment COA 443 1109 Sea Spray Avenue—Building Addition Page 5 of the main roof ridge. (See Sheet A-3.02 and A-3.02) Although the roof is visible on the south, it appears far enough behind the existing roof so as to cause minimal visual intrusion. In Scheme #2, the roof is flat. The advantage to this scheme is that it is not visible from the north side. The disadvantage to the flat roof is the potential problem with water collecting on the roof. For elevations see Sheets A3.04 and A3.05. The roof drains and connections to the main roof slope are illustrated on Sheet A.2.06-1. Overall, the addition is well designed representing an ambitious program that adapts existing spaces and creates new ones. The one story section on the west that was eliminated was the least articulated of all the parts of the building, hence there is little destruction, if any, of the character-defining features of the original residence. Window Changes: The fenestration does change on the east side which was formerly a one-story section. The proposed windows are identical in size, shape and pattern but are arranged differently to accommodate the new use of the interior space. The applicant is encouraged to reuse the window that is being removed. (See Sheets A3.01 and A3.05) The fenestration pattern also changes on the west side, and one window actually becomes the door to the cabana bathroom. The header of the window will remain the same so only the vertical proportion will change. The alterations to the windows on this side made necessary by the addition are considered minimal in terms of affecting the character of the residence. One Story Connection Between The Garage And The Main Residence: The existing one story section on the west is distinctive, as its gable roof, fenestration and gable return on the north side are carefully proportioned and well integrated into the main building mass. (Note: The awning windows illustrated are replacement windows, and the gable-end return has not been shown. See: Sheet A3.00) In the proposal this detail is lost, as the addition is built over this section. While this is unavoidable, the connection comes off of this former one story section directly into the garage creating an impression of greater mass because the separation between the buildings is lost. The connecting link features a door on the east side, and two paired windows and wooden brackets on the west side (See Sheet A3.05). The basic separation of the garage and the main building is an important character-defining feature, and the construction of an enclosed connection seems to make the increased mass represented by the building addition even greater. Obviously there is a desire for cover in the circulation from the house to the garage. The present proposal is an architectural solution that blurs the original relationships of the buildings. An alternative to this solution would be an open connection that is as minimal as possible while still maintaining its function. ALTERNATIVE ACTIONS 1. Continue with direction 2. Deny, with reasons stated. 3. Approve as presented COA 443 1109 Sea Spray Avenue—Building Addition Page 6 4. Approve with staff conditions noted. RECOMMENDATION Based on positive findings to LDR Section 4.5.1 (E) approve the addition and associated changes as presented in COA 443, subject to the following conditions: 1. That the one story connection to the garage on the north side be open on the sides; 2. That the fixed glass windows on the south side be replaced with those of an appropriate design; and, 3. That the roof material be changed from metal to dimensional asphalt shingle or a flat tile. DELRAY BEACH All-AmericaCity 1 I I SIGN IN SHEET 1993 2001 Regular Historic Preservation Board Meeting of NOVEMBER 6, 2002 PRINT FULL NAME ADDRESS OR ORGANIZATION ITEM 12). 04 -) ,f__, A- 4.//5./z. /0i/. Jocin (25-v-os 0 st_t j _0(L C \\ ZSS �0�2 1 Scn�i �1 0r) -D(:JEuoas- sgrptcL_ / ra_s*.S?A /tie, cI V- ( ` c -�-c ,,� --/-Fm VA-k/L--EV oeg-ipipu Tr ■ 11/6/02 A MINUTES OF THE HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA PUBLIC HEARING • MEETING DATE: November 6, 2002 LOCATION: FIRST FLOOR CONFERENCE ROOM I. ROLL CALL: The meeting was called to order by the Chairperson at 6:05 P.M. Upon roll call it was determined that a quorum was present. MEMBERS PRESENT: Mary Lou Jamison, Gail Lee McDermott, Gloria Elliott Rhonda Sexton, Jim Keavney, Bill Branning, Francisco Perez-Azua. MEMBERS ABSENT: None STAFF PRESENT: Wendy Shay, Ron Hoggard, Terrill Pyburn II. CERTIFICATES OF APPROPRIATENESS: Ms. Jamison, Chairperson,read the Quasi-Judicial Rules into record. All those wishing to speak were sworn in by Ms. Jamison A. S.E. O'Neal House, 910 NE 2"d Avenue,]Individually Listed Historic Property, Jack Frysinger, Authorized Agent. Action Before the Board: Approval of a COA which incorporates a request for demolition, two waiver requests, a variance request, and a recommendation for the waivers and a re-plat to the City Commission associated with the minor subdivision of the S.E. O'Neal property, pursuant to LDR Section 2.4.6(J), 4.3.4(K), 2.4.7(A), 4.5.1(J), and Section LDR 4.3.1. Ms. Shay entered the project file into record and presented the item. The applicant is requesting the following: ■ Demolition request for a 400 sq. ft. shed addition on the west side of the extant contributing garage; • Variance requests for the reduction of the side setback from 10' to 5'-7" and the rear setback from 10' to 0' to allow the retention of the historic garage; ■ A recommendation to the City Commission regarding waiver requests to permit the creation of three a non-conforming lot on Lot 3 for reduced frontage and to allow Lots 1-3 of the newly created lots for the re-plat to measure less than the required 9,500 sq. ft. total lot area; and, • Recommendation to the City Commission for the re-plat of Lots 1, 2, 3, 28, and 29, Block 10, Dell Park. Mr. Frysinger was present to represent the project on behalf of the owner. He reiterated that the setbacks for the house will remain conforming. • Suzy Patterson, 7 NE 9th Street, asked for clarification regarding the variance request. Demolition Request: After much Board discussion, it was moved by Mr. Perez, seconded by Ms. McDermott and passed 7 — 0 to approve the COA and demolition request of the 400 sq. ft. non- contributing shed addition to the west of the extant garage at 910 NE 2nd Avenue, based upon positive findings with respect to LDR • Section 4.5.1(F)(1). Variance Request: It was moved by Mr. Branning, seconded by Ms. Sexton and passed 7 — 0 to approve the variance to reduce the side building setback from 10' to 5'-7" and the rear building setback from 10' to 0' for the contributing garage at 910 NE 2"d Avenue based upon positive findings with respect to LDR Section 2.4.7(A). Waiver Request: It was moved by Mr. Perez, seconded by Ms. McDermott and passed 7 — 0 to recommend to the City Commission approval of a waiver request to reduce the total lot area and lot frontage/width requirements for the proposed S.E. O'Neal Plat (910 NE 2"d Avenue), based upon positive findings with respect to Section 2.4.7(B) of the Land Development Regulations and the policies of the Comprehensive Plan. Re plat: It was moved by Mr. Branning, seconded by Ms. McDermott and :passed 7 — 0 to recommend to the City Commission approval of the S.E. O'Neal Plat (910 NE 2"d Avenue) based upon positive findings with respect to the Land Development Regulations and policies of the Comprehensive Plan. B. McKeever/Fischer Residence, 255 North Swinton Avenue, Old School Square Historic District, Bruce McKeever & Lori Fischer, Owners. 2 HPB Minutes 11/6/02 • Action Before the Board: The action before the Board is to approve a Certificate of Appropriateness associated with a waiver request to reduce the driveway setback from 5' to 2' for a contributing property in the Old School Square Historic District, pursuant to LDR Section 2.4.7 (B). - . Ms. Shay entered the project file into record and presented the item. The applicant is requesting the reduction of the setback for the driveway from 5' to 2' in order to accommodate the construction of a 10' driveway on the north side of the extant dwelling. Ms. Fischer was present to represent the project. It was moved by Mr. Branning, seconded by Ms. McDermott and passed 7 — 0- to approve a Certificate of Appropriateness associated with a waiver request to reduce the setback for the driveway from five feet (5') to two feet (2') along the north property line at 255 North; Swinton Avenue, based upon positive findings with respect to LDR Section 2.4.7(B) based upon the following condition: 1) That a concrete or asphalt driveway apron be installed in order to contain the chattahoochee subject to the approval of the City Engineer. C. Kitay Residence, 603 SE 4th Street, Marina Historic District, Ironwood Properties, Inc. ,Owner. • Action Before the Board: The action before the Board is to approve a Certificate of Appropriateness associated with the demolition of a carport and a portion of the existing concrete slab and variance request to reduce the rear setback from 10' to 6.39' for a contributing single family home in the Marina Historic District, pursuant to LDR Section 2.4.6 (J). Ms. Shay entered the file into record and presented the item. The proposed project consists of a request for the demolition of a free standing carport which lies to the west, adjacent to the historic dwelling. The non-contributing carport sits on a concrete driveway (a portion of which will also be demolished) and is supported by four metal posts with a canvas cover. The carport structure currently encroaches into the westernmost 16' of the property which is slated for use as part of the Meridian mixed-use (office and residential) development. -3- HPB Minutes 11/6/02 • The applicant has also requested a variance to reduce the rear setback of the historic dwelling from the required 10' to 6.39'. The applicant purchased the entire property at 603 SE 4th Street in order to provide the required additional parking and landscaping on the west 16' for the Meridian Townhouse Development and to justify the east property line. Currently, the historic dwelling is set back 22.39' and exceeds the 10' minimum setback requirements. In order for the developer to retain the west 16' and sell of the balance of the subject property, a variance is necessary. Mr. Glickstein was present to present the project on behalf of the applicant. Demolition Request: It was moved by Mr. Perez, seconded by Mr. Branning and passed 7-0 to approve a Certificate of Appropriateness for the demolition of the carport structure and a portion of the concrete slab, based upon positive findings with respect to LDR Section 4.5.1(F). Variance Request: It was then moved by Mr. Perez, seconded by Mr. Branning and passed 6-1 (Jamison dissenting) to approve a Certificate of Appropriateness associated with a variance request to reduce the rear .setback from 10' to 6.39' for a contributing residence at 603 SE 4th Street, based upon positive findings with respect to LDR Section 4.5.1(J)(1) based upon the following condition: 1) That the variance should not apply to new construction unless the extant historic dwelling is preserved/rehabilitated in situ. D. Gross Residence, 201 NE 5th Court, Del-Ida Park Historic District, John Gross, Owner. Action Before the Board: The action before the Board is to approve a Certificate of Appropriateness for the change of paint color for a fence on a non-contributing property in the Del-Ida Park Historic District, pursuant to LDR Section 2.4.6 (J). Ms. Shay presented the item. The proposal was originally a staff COA to approve a red, white, and blue paint scheme for a perimeter picket fence. The color scheme was brought before the Board for direction at its previous meeting of October 16, 2002. Per the Board's direction, the applicant brought back a color sample of brick red for the Board's review and approval. It was decided that the fence would be painted solid red to match the trim on the extant non-contributing single family dwelling on the property. -4- HPB Minutes 11/6/02 a Mr. Gross was present. No action was taken as the COA was a Staff Review and the item was brought to the Board for direction only. E. --.Atlantic Grove, North 300 Block of West Atlantic Avenue, West Settler's Historic District, Tim Hernandez, New Urban Communities, Authorized Agent.'. Action Before the Board: The action before the Board is to approve elevation changes for a non-contributing townhouse development in the West Settler's Historic District, pursuant to LDR Section 2.4.6 Mr. Hoggard entered the project file into record and presented the item. The proposal is for the alteration of the elevation of the previously approved townhouse associated with the Atlantic Grove Development. Based upon previous direction from staff, the applicant is proposing new elevation changes which are now before the Board for direction. Mr. Yaxley was present to represent the project on behalf of the applicant. The Board directed the applicant to return with elevation changes including the deletion of the proposed arches over the garage doors and shed roofs over the entrance doors and the addition of balconets on the second floor, thicker headers over the garage doors, sills under the windows, and shutters of the rear third floor elevation. After much discussion, it was moved to continue the item during the next HPB meeting of November 20, 2002 based upon direction by the Board. Ill. REPORTS AND COMMENTS A. Public Comments: Ms. Alieda Riley expressed her concern over the improvements to the Atlantic Avenue Bridge and the streetscape improvement along the marina. Staff assured Mrs. Riley and the Board that they would be updated regarding the extent of the improvements. -5- HPB Minutes 11/6/02 B. Report from Historic District Representatives: None C. Board Members: Ms. Jamison requested an update regarding the 1926 Bungalow on the Cason Cottage Complex. Mr. Branning and Ms. Shay provided an update that the foundation work was moving forward however funding sources were limited to continue. Ms. Jamison requested an update of the color change for the Colony Hotel. Ms. Shay explained that the color change will be coming before the Board during the meeting of November 20, 2002. Ms. Jamison requested an update regarding the temporary parking lot at the Sundy Inn. She also requested a status report of the Sundy Harvest and Fisher Properties. Ms. Shay will check on the status of the parking lot and she assured the Board that once the conditions of approval are met for both the Sundy Harvest and Fisher Properties that the project will proceed. Staff has been in contact with the project's representatives to ensure a prompt response. D. Staff: Ms. Shay explained process to update the design guidelines and established a date, per the Board's direction, of January 8, 2003 for a special meeting with Janus Research. The Board also directed Ms. Shay to cancel the meeting of January 1, 2003 due to the holiday and not to reschedule. Ms. Shay responded to questions posed by Commissioner McCarthy regarding the demolition of a non-designated building on Swinton Avenue and posed to the Board that new policies be created regarding demolition of contributing buildings and the established color chart. Ms. Shay reviewed upcoming projects for the new year including: the establishment of new districts, an National Register district in the OSSHAD, and an update of the Old School Square Historic Survey from 1987. Staff also requested the attendance and support of the Board for the appeal of the accessory structure at 610 N. Ocean Boulevard during the City Commission meeting of November 19, 2002. 6- HPB Minutes 11/6/02 • IV. ADJOURNMENT: There being no further business before the Board, the meeting adjourned at 8:10 P.M. The information provided herein is the Minutes of the meeting of said body for November 6, 2002, which were:formally adopted and approved by the Board on December 4, 2002. 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 11/6/02 <4 C• (I '4Y AGENDA HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: November 6, 2002 Type of Meeting: Regular Meeting Location: First Floor Conference Room Time: 6:00 P.M. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Doug Randolph at 243-7127(voice), or 243-7199(TDD), 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. If a person decides to appeal any decision on Preservation any cision made by the Historic P Board with respect to any matter considered at this meeting or hearing,such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made. Such record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Two or more City Commissioners maybe in attendance. I. CALL TO ORDER II. CERTIFICATES OF APPROPRIATENESS A. S.E. O'Neal House, 910 NE 2"d Avenue, Individually Listed Historic Property, Starr Brigante, Authorized Agent. Consider a COA associated with a request for demolition and a variance to reduce the side and rear setback for a contributing historic structure and consider a recommendation to the City Commission for a waiver to reduce the required frontage and total lot area for an extant historic property and re-plat. B. McKeever Residence, 255 North Swinton Avenue, Old School Square Historic District, Bruce McKeever, Owner. Consider a COA with an associated waiver request to reduce the driveway setback from five feet(5) to two feet(2) along the north property line. C. Kitay Residence, 603 SE 4th Street, Marina Historic District, Ironwood Properties, Inc. ,Owner. Consider a COA request for demolition and an associated variance request to reduce the rear setback from 10'to 6.39'for a contributing dwelling. D. Gross Residence, 201 NE 5th Court, Del-Ida Park Historic District, John Gross, Owner. Consider paint colors for a fence associated with a contributing historic property. HPB Meeting November 6, 2002 Page 2 E. Atlantic Grove, North 300 Block of West Atlantic Avenue, West Settler's Historic District, Tim Hernandez, New Urban Communities, Authorized Agent Consider a COA request to modify design elements, associated with a Class I Site Plan Modification for Atlantic Grove - Townhouse Elevations IV. REPORTS AND COMMENTS A. Public Comments B. Reports from Historic District Representatives C. Board Members D. Staff V. ADJOURN Wendy Shay, Historic PreserV tion Planner POSTED ON: November 1, 2002 DEEBAY BEACH DEERAI'BEACH bit's! heal HISTORIC PRESERVATION BOARD iII' MEMORADUM STAFF REPORT t1II1 1993 1993 20U1 2001 Agent: Jack Frysinger Project Name: S.E. O'Neal House Project Location: 910 NE 2"d Avenue ITEM BEFORE THE BOARD The item before the Board is consideration of the following aspects relating to 910 NE 2"d Avenue (S.E. O'Neal House): • Demolition request for an addition to a contributing outbuilding pursuant to LDR Section 2.4.6(J); • A variance request to LDR Section 4.3.4(K) to reduce the side (south) and rear (west) building setbacks for the existing contributing garage, pursuant to LDR Sections 2.4.7(A) and 4.5.1(J); and, • A recommendation to the City Commission regarding a waiver from the Land Development Regulations Section 4.3.1 regarding the minimum lot dimension requirements for the proposed lots associated with replat of the property to be known as S.E. O'Neal Plat; and, • A recommendation to the City Commission regarding the proposed re-plat (S.E. O'Neal Plat. The subject property is an individually listed Historic Site and is located on the west side of NE 2nd Avenue, between NE 9th Street and NE 10th Street BACKGROUND The subject property under consideration consists of Lots 1, 2, 3, 28, and 29, Block 10 of the Dell Park subdivision zoned R-1-AA (Single Family Residential). Currently Lot 3 holds the historically designated O'Neal House, which includes a two-story dwelling with a one-story garage, constructed c. 1926. The 2,257 sq. ft. main dwelling and 400 sq. ft. garage lie at 910 NE 2nd Avenue and are good examples of the Mediterranean-Revival style of architecture. The historic garage lies on the west property line of Lot 3 and is considered structurally sound though currently attached to the garage (to the west) is a 400 sq. ft. frame, shed addition that is considered structurally unstable. Demolition of the addition is affiliated with this proposed project. During its meeting of June 19, 2002, the Historic Preservation Board reviewed and recommended to the City Commission approval of the designation of the S.E. O'Neal property which encompasses Lots 1, 2, 3, 28, and 29, Block 10, of Dell Park. The Meeting Date: November 6, 2002 Agenda Item: II.A. 910 NE 2"d Avenue Park Variance Request Lot 3, Block 10, Dell Park Page 2 designation was subsequently approved at second reading by the City Commission on July 16, 2002 (Ordinance 27-02). Due to the change in lot configuration with the request to re-plat and based on the extant location of the historic dwelling and garage, a demolition request is necessary in order to retain the historic garage at the west property line on Lot 3. Also proposed is a variance request to reduce the side and rear setbacks in order to retain the location of the structure on the property line. Further, waiver requests are necessary in order to allow the reconfiguration of the five lots. The waivers will allow the reduction of lot frontage from the required 75' to 60' for the middle lot (Lot 3), which contains the historic dwelling. The other waiver will permit the total lot area (for all three lots) of the new re- plat to be non-conforming measuring less than the required 9,500 sq. ft per lot. The applicant is concurrently processing a request to re-plat Lots 1, 2, 3, 28, and 29, Block 10 of Dell Park in order to accommodate the construction of two new, single family residences to be located to the north and south of the extant historic dwelling. In order to process the request, the applicant also seeks a recommendation from the Historic Preservation Board to the City Commission to proceed with the approval of the plat. All requests are now before the Board for review. PROJECT DESCRIPTION ➢ Demolition request for a 400 sq. ft. shed addition on the west side of the extant contributing garage; ➢ Variance requests for the reduction of the side setback from 10' to 5'-7" and the rear setback from 10' to 0' to allow the retention of the historic garage; ➢ Waiver requests to permit the creation of three a non-conforming lot on Lot 3 for reduced frontage and to allow Lots 1-3 of the newly created lots for the re-plat to measure less than the required 9,500 sq. ft. total lot area; and, ➢ Recommendation to the City Commission for the re-plat of Lots 1, 2, 3, 28, and 29, Block 10, Dell Park. DEMOLITION ANALYSIS Demolition (garage addition) Pursuant to LDR Section 4.5.1(F)(1), The HPB shall consider the following guidelines in evaluating applications for a COA for demolition of historic buildings; (a) Whether the structure is of such interest or quality that it would reasonably fulfill the criteria for designation for listing in the National Register. (b) Whether the structure is of such design, craftsmanship, or material that it could be reproduced only with great difficulty or economically nonviable expense. 910 NE 2nd Avenue Park Variance Request Lot 3, Block 10, Dell Park Page 3 (c) Whether the structure is one of the last remaining examples of its kind in the designated historic district within the city. (d) Whether retaining the structure would promote the general welfare of the city by providing an opportunity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. (e) Whether there are definite plans for immediate reuse of the property if the proposed demolition is carried out, and what effect those plans will have on the character of the surrounding area. A non-contributing 400 sq. ft. shed addition to the west of the garage is slated for demolition based on its structural instability (see Appendix A-survey). The addition is of frame construction and has suffered increased damage from rot and exposure to the elements. The addition also lies on the adjacent Lot 4, which is located directly to the west of Lots 1, 2, and 3. In order to remove the insensitive addition and to allow the garage to lie solely on the property of the applicant, the demolition of the shed addition must be completed. The historic footprint of the garage would then lie at the zero lot line on Lot 3 and may remain through the approval of the associated variance request to reduce the rear and side setbacks. Based upon the above positive findings can be made with respect to LDR Section 4.5.1(F)(1) VARIANCE ANALYSIS Variance Request: The variances to LDR Section 4.3.4(K) pertain to the side interior and rear setback requirements for property located in the R-1-AA (Single Family Residential) zoning district. If granted the variance will allow the original garage to remain in its current location. The specific variances are as follows: 1. A request to reduce the side interior setback to five feet seven inches (5'-7") where ten feet (10') is required. 2. A request to reduce the rear setback to zero feet (0') where ten feet (10') is required. Required Findings: Pursuant to LDR Section 4.5.1(J), in addition to the required findings of LDR Section 2.4.7(A)(5), the Board may also be guided by the following as an alternative to the above criteria: (1) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare; • 910 NE 2nd Avenue Park Variance Request Lot 3, Block 10, Dell Park Page 4 (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenances, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places; (c) Literal interpretation of the provisions of existing ordinances would alter the historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site; and, (d) The variance requested is the minimum necessary to preserve the historic character of a historic site or a historic district. (2) Or, as an alternative to Sub-Section (J)(1), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare; (b) The variance would not significantly diminish the historic character of the Historic District or Site; and, (c) That the variance requested is the minimum necessary to affect the adaptive reuse of an existing structure or site. (3) The Board shall otherwise follow procedures and impose conditions as required of the Board of Adjustments. In order to retain the historic garage, a variance for the reduction of the side and rear setbacks on Lot 3, Block 10 (proposed Lot 2, S.E. O'Neal Plat) is requested. The property currently consists of Lots 1, 2, 3, 28, and 29, Block 10, Dell Park, of which only Lot 3 contains the historic main dwelling and detached garage with the remainder of the lots lying vacant. Upon re-platting the five lots, three new lots will be created allowing the retention of the historic buildings and the creation of two new lots for development. As the configuration of Lot 3 will become non-conforming, a variance to reduce the side setback from 10' to 5'-7" and the rear setback from 10' to 0' is necessary. Given the contributing status of the historic house and garage, the proximity of the garage to the lot line, and the significance of retaining both buildings, a variance can be supported to reduce the side and rear setbacks in order to retain the character of the property with the historic house and garage. Thus, positive findings can be made with respect to LDR Section 4.5.1 With the re-platting of the existing Lot 3, which holds both the historic main dwelling and the garage, the garage will become non-conforming with respect to its rear and side setbacks. While the lot configuration at 910 NE 2nd Avenue is unique with regards to the location of the house and garage, the retention of the rear and side setbacks is imperative to the future of the outbuilding (garage) but will neither negatively impact the contributing status of the adjacent historic dwelling nor will the reduction of both setbacks negatively impact the surrounding properties on Lots 4 or 27 (to the west). Granting the variance would allow the buildings to retain their location and orientation • 910 NE 2nd Avenue Park Variance Request Lot 3, Block 10, Dell Park Page 5 without the threat of relocation or demolition. Further, granting the variance would not be contrary to the public interest, safety, or welfare by negatively impacting surrounding properties or altering the contributing status of the dwelling. Special conditions and circumstances exist due to the current location of the garage and the historic main dwelling and granting the variance for the setback reductions is the minimum necessary to justify its location on the property line. Given the conditions under which this variance is being requested it is reasonable to believe that the variance would be granted elsewhere under similar circumstances based upon the City's objectives to preserve historic resources. Based upon the above analysis, positive findings can be made with respect to LDR Section 4.5.1(J)(1). WAIVER/RE-PLAT ANALYSIS Waiver Request: LDR Section 4.3.1(D), no yard or lot existing at the time of the passage of this chapter shall be reduced in area or dimensions below the minimum requirements set forth herein. Lots or yards created after October 1, 1990 shall meet the minimum requirements established by this chapter unless the City Commission declares at the time of approval of an associated development application that it is necessary and appropriate to create such a nonconformity. The proposal is to re-subdivide five existing nonconforming lots (50' X 100') to three lots. Proposed Lot 2 (containing the historic dwelling and garage) is deficient with respect to lot frontage, lot width and lot area, while proposed Lots 1 and 3 are deficient with respect to lot area. Pursuant to LDR Section 4.3.4(K), the following are the minimum lot size requirements for properties zoned R-1-AA (Single Family Residential): Minimum Requirements Proposed Configuration Frontage/ Depth Lot Area Frontage/ Depth Lot Area Width p (sq. ft.) Width p (sq. ft.) Lot 1* 95 100 9,500 95 100 9,368** Lot 2 75 100 9,500 60 100 6,000 Lot 3* 95 100 9,500 95 100 9,368** * Corner Lot ** Reduced lot area due to dedicated corner chord. Waiver Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. • 910 NE 2nd Avenue Park Variance Request Lot 3, Block 10, Deli Park Page 6 LDR Section 4.1.4(C) requires that if two (2) or more adjoining lots of record are under the same ownership they shall not be developed except in accordance with the minimum frontage and the lot area requirements. Based upon this requirement, the property can only be developed to accommodate two single family homes. Rather than demolish the historic structure to accommodate two new homes, the applicant applied for and the City Commission approved designation of the historic structure on the local register. The designation of the house on the local register was to preserve the structure while enabling the balance of the property to be developed to accommodate two single family homes directly to the north and south of the extant historic house. Proposed Lots 1 and 3 are currently vacant with the historic house lying on Lot 2 in the center of the proposed subdivision. When originally constructed the historic structure was located on a 50' lot. The lot lines were adjusted to provide greater lot width (60') so the historic dwelling complies with the side interior building setback requirements (10') while enabling the corner lots to meet the minimum dimensions of the R-1-AA. With regard to the corner lots, if the corner chord was not dedicated the lots would contain 9,500 sq.ft. of lot area. The waiver will not negatively impact the surrounding properties, diminish public facilities, or create an unsafe situation support for the waivers can be substantiated as approval of the waiver would permit the retention of the historic building and structure to remain without demolition or relocation. Approval would be granted in a similar situation based on the nature of the historic resources. Based upon the above, the proposed waivers and thus, the re-plat are necessary and appropriate in order to retain the existing historic structures and allow the vacant corner parcels to be developed with single family homes, which should compliment the surrounding neighborhood. ASSESSMENT AND CONCLUSION While the historic dwelling does continue the traditional historic architecture found in the neighboring Del-Ida Park Historic District, the main dwelling and garage are unique in both their design elements and location. Therefore, granting the demolition of the non- contributing shed addition, the variance, and the waivers would allow the existing one- story, contributing outbuilding to remain in its original location and orientation as affiliated with the historic main dwelling. Granting the variance and waivers would not be contrary to the public interest, safety, or welfare by negatively impacting the surrounding properties. Special conditions and circumstances exist because of the historic setting and the requests are the minimum necessary to aid the retention and rehabilitation of the existing residence and garage. Given the discussion above, the variance and waiver requests will not adversely affect the neighboring area or is a special privilege being granted pursuant to LDR Sections 2.4.7(A) and (B). Further, positive findings can be made pursuant to LDR Section 5.3.1 regarding the three lot minor subdivision based on the retention of the contributing buildings on Lot 3 (as it exists to date). 910 NE 2nd Avenue Park Variance Request Lot 3, Block 10, Dell Park Page 7 ALTERNATIVE ACTIONS A. Continue with direction. B. Approve 2003-011-COA-HPB for the demolition of the shed addition and the variance and recommend to the City Commission approval of the waiver requests and the three lot minor subdivision for 910 NE 2nd Avenue based upon positive findings with respect to Section 4.5.1(F)(1), Section 2.4.7 (A) and (B), and Section 4.5.1(J)(1) of the Land Development Regulations and the policies of the Comprehensive Plan subject to conditions.. C. Deny 2003-011-COA-HPB for the requests for demolition, variance, waiver and three lot minor subdivision for 910 NE 2nd Avenue based upon a failure to make positive findings with respect to Section 4.5.1(F)(1), Section 2.4.7 (A) and (B), and Section 4.5.1(J)(1) of the Land Development Regulations and the policies of the Comprehensive Plan. RECOMMENDATION By Separate Motion: Demolition Request Approve 2003-011-COA-HPB for a demolition request of the 400 sq. ft. non-contributing shed addition to the west of the extant garage at 910 NE 2nd Avenue, based upon positive findings with respect to LDR Section 4.5.1(F)(1). Variances Approve 2003-011-COA-HPB for a variance to reduce the side building setback from 10' to 5'-7" and the rear building setback from 10' to 0' for the contributing garage at 910 NE 2nd Avenue based upon positive findings with respect to LDR Section 2.4.7(A). Waivers Recommend to the City Commission approval of 2003-011-COA-HPB for a waiver request to reduce the total lot area and lot frontage/width requirements as described in this report for the proposed S.E. O'Neal Plat (910 NE 2nd Avenue), based upon positive findings with respect to Section 2.4.7(B) of the Land Development Regulations and the policies of the Comprehensive Plan, Re-Plat Recommend to the City Commission approval of the S.E. O'Neal Plat (910 NE 2nd Avenue) based upon positive findings with respect to the Land Development Regulations and policies of the Comprehensive Plan. Report Prepared by:Wendy Shav, Historic Preservation Planner Attachments: Survey, Maps I \ I i N. E. 14TH ST. -- LEGEND -- • HIGHLAND N. S.E. O'NEAL —fie .— HOUSE N.E. 13TH ST. I 910/906 N.E. 2ND AVENUE Q N.W. 12TH ST. VARIANCE/WAIVER >a I REQUEST N.E. 12TH ST. ' SUBJECT AREA x m m \ S. I N.W. 11TH ST. N.E. 11TH ST. f LlJ Ici o z Z 1LLI N N.E. LOTH ST. SUPPLEMENTAL INFORMATION Q 11111111111l ?;;�:;: ' PCN#12 43 46-09-28-Ot 0 0010 1111111111 ii;i:: , , ‘ APPROXIMATE ACREAGE 0.488 N.E. 9TH ST. 2, ZONING:R-1-AA(SINGLE FAMILY N W. 9 M• .� I RESIDENTIAL) FLUM:LD(LOW DENSITY. zZ RESIDENTIAL,0-5 UNITS/ACRE) • N.W. 8 T. �R BUSH BOULEVARD 1111111 In11111 m4!ii ' oNW. 7TH ST. -�� 2■ -1 .E. 7TH ST _ III iiiw 1, ci,, .,-1 N.W.' 6TH -\ N.E. 6TH ST. \ ,�• , / 13? . p PLANNING A•ZONING DEPARTMENT MI 0-4 \ Al& . N z ` ♦♦ N.E. 5TH TERR. M -1 I ♦ il WOOD LANE ` ♦, . CI tal W E CV LI- N.E. 5TH CT. S I ' LONG-RANGE DIVISION ♦G,�, DIGITAL BASE-MAPPING SYSTEM 6 ``� o¢ MAP O FERERCE00 LM619 TRINITY N.E. `5TH ST. la LUTHERAN 11 w �y� W - Z 4 / 1 0d Z / ++`/ { A\ LAKE IDA RD. N.E. 4TH ST. f 1 w w Ic, fI• > POST > J METHODIST \q CHURCH \� z z —'— _ _ _ N.E. 1O_t_h_ STREET i ---- ----- PcR PLAT BOOK 8, PAGF 50 - - - - - - - - - - - 6 LIMITS OF THIS PLAT _ IIM o P. A- 90 ° 27'30 ti. 74. 8 0 ' \ /-3550 - - - - - - - / - L =39. 471 N 89 ' 32 '30 " E 'I' r R=25. 00 P-R.M '3550 I I I I I U P-R.M - '3550 I 1 j , O 0 o I - Sri w 0 ° (9.353 -/- SOFT.) Q; I tD 0 0 I ,1 I 0 i "cc O 0 E I i 0 j LI.1 z 0 I- I L, o L.. j z co Lo (0 0 S 89°32'30" W N O I 1.1 j W LC) w 100.00' ti I o LEI -- I e Y I � C CS I o to 2 O o cci I Q Li i U Y 1 CD 1 Qcn i U a I jo ! z - N 89°32 3C E 0 100.00' O O I O 0 I O 0 I 0 Jo I rV j N o V I o N I O o Lri 3 F.' 25.00'—.J I • I (9.368 -/- SO.FT.) i P.P..M ! '-3550 I I I I P - s o� - 89 32 '3O " S 89 ' 32130" W •f^ L =39. 07 6 75.20 ' // --P.R.M R=25. 00 o 0 '3550 iri LIMITS OFTHIS PLAT N III SE.DELRA B AC(SFLOR EDERAL CH WAY) BRUCE CARTER & ASSOCIATES, INC. FLORIDA 33060 LAND SURVEYORS LAND PLANNERS TEL (561) 265-1910 BOUNDARY LEGEND SKETCH OF SURVEY A_ARC CDBR A.CHORD BEARING LE-USUTY EASEMENT • FOR Novo 1EV :oRP. - R/W-wcHr-OF-WAY SCALE 1' 30' o/s-OFFSET 5.44.r y-57 D.ECRR y s ..R" —X-X- = ...--op fENCL N.E. /am SrEEE7- -�- - mom - - - —7--- E _ 100.03 • o - R- 25' FND by 74.80' -- � I DELTA- IR/C ,4 I I 90�7$0" il • A- 39.4T 1 I I FRO 0 g LOT 1 „.R. a I 0 0 1 O laI O z y 1 1 x = p I g (L002-_) t A2963 100.00• 4 /2263 21 L 1� + J tu =I t {z i �zoss ? C • N I I - . _ Z t a 0 -- � LLLt LOT 3• 1 9!s -C i L 3o,s s M A/vao FAA ( •A'z7 m.3'. 2 I - O 5Tucco (COS. N. e..'c"sTtl ' v CARA*% N N ELE✓-ZZJS /3• v N g w-cco ^�,s 3o.5• ••>''0 I -- $• r` b •r.--�3t-Sa"-ice `�-- l Jzi= I 1.L r oLT9•GF1Iz •� ,s.:,q z of .Ih 11 OCT IR/ 100.00• 1 STIR/C t L,'^/••S g2963 /2963 _ -.�,, g ' LOT 29 DESCRIPTION: i.. — . CI I ' Icy © y w Lot 3, together with the South N a i 5.00 feet of Lot 2 and the d I North 5.00 feet of Lot 28, •-L+- C Block 10, DELL PARE, Delray ° _ Beach, Palm Beach County, F Florida, according to the _ I Plat thereof, recorded in 0 LOT 29 I RD Plat Rook 8 at Page 56 of • 2 d a the Public Records of Palm Beach County, Florida. FND �I 1 ' 5 I DELTA- B9.32'30----iR/. 75.20' •o -----0 A= 39.07' 100.00' g N.E. 9th STREET T nes SKETCH IS THE PROPERTY Cr BRUCE CARTER A ACCOOATES•INC.AND SMALL NOT BE REPRODUCED IN WHOLE OR PART WITHOUT PERMISSION O THE B10W IN WRITING. MOTE.' -u•E UND�I9MED AND BRUM CARTER&ASSOCIATES.INC.MAKE ho CERTIFICATE: -ATIONS OR GUARANTEES AS TO TIE INFORMATION REFLECTED I HEREBY CERTIFY THAT YAWING TO EASEMENTS.RIGHTS-OF-WAY.SETBACK unrs. THE ATTACHED SKETCH OF SURVEY OF AGREEVENTs AND OTHER SIMILAR MATTERS.AIa FURTHER THE ABOVE DESCRIBED PROPERTY IS TRUE & CORRECT TO THE • 'ATOM IS NOT INTENDED TO REFLECT CR$ET FORTH ALL SUOI 01 INFORMATION SHOULD 8E OBTAINED AND COiWMED BY BEST OF MY KNOWLEDGE & BELIEF AS RECENTLY SURVEYED RN HH APPRREREc TITLE STRACT UNDER MY DIRCETION IN APRLL 22 E9 M SHOWN HEREON WERE NOT ABSTRACTED FOR Rw;i17S-OF-WAY AHO/Qi 7 OF 2007 .. EA3A/ENTS OF RECORD. UPDATES AND/OR RE MSONS DATE BY OCD TLI:SZ.w:r•44:NO,VI'''.!I. "• ,.I,,t•.. .,t Iny., •h BRUCE CARTER fIY Y AP,1-.1/1••'•••t t•• REMI-cAED LNA SURN_ NO.2963 STATE 6 FLORIDA I U/4631 . Neu R I DRAWN BY S R EATS BY6,C. I MELD BOO/PAGE 54 7 ' F. /y/ I HJIfO'1nr IG DEERAYBEACH EACH bittli btfirg HISTORIC PRESERVATION BOARD Iffy MEMORADUM STAFF REPORT i�I19 2013 2001 Agent: Bruce McKeever Project Name: McKeever/Fischer Residence Project Location: 255 North Swinton Avenue ITEM BEFORE THE BOARD The item before the Board is consideration of a COA associated with a waiver to reduce the driveway setback from five feet (5') to two feet (2') for 255 North Swinton Avenue, pursuant to LDR Section 2.4.7(B). BACKGROUND The subject property consists of Parcel 2 of the Stratford Atta Bowe Plat and is located on the east side of North Swinton Avenue, approximately 80' south of NE 3rd Street. The property is located within the Old School Square Historic District and is zoned OSSHAD (Old School Square Historic Arts District). The interior lot contains a one-story frame vernacular house constructed in 1940. The 1,468 sq. ft. dwelling lies at 255 N. Swinton Avenue and displays wood board and batten and lap siding, exposed rafter tails, and modern single light and metal casement windows. On October 7, 1998, the Historic Preservation Board approved COA 360 to relocate the contributing house from its original site at 116 S. Swinton Avenue to its present location with the condition that the owners would return for review of a landscape plan and any proposed exterior changes. The Board also approved the demolition of a detached garage, constructed in 1952, located adjacent to the historic dwelling. During its meeting on November 17, 1999, the Board reviewed and approved a landscape plan, paving, and the installation of a six foot (6') wood privacy fence at the rear yard (associated with the new site plan) subject to the condition that the rear maneuvering area proposed be eliminated. This original parking configuration allowed two cars to park in tandem along the northern elevation of the house. The applicant submitted a COA for a Staff Review on August 1, 2002. The applicant requested to extend the driveway to the northeast corner of the house and to change the driveway material from pavers to chattahoochee. The applicant also requested to install fencing and gates between the southwest and northeast corners of the dwelling and the north and south property lines. Both requests were reviewed and approved by Staff on August 1, 2002. Meeting Date: November 6, 2002 Agenda Item: II.B. 255 N. Swinton Avenue Waiver Request Page 2 The applicant is now before the Board to request a waiver to reduce the five foot (5') driveway setback requirement to two (2') along the north property line. PROJECT DESCRIPTION /WAIVER REQUEST Pursuant to LDR Section 6.1.4(C)(3)(b), no driveway shall be located within five feet (5') of a property line except in zero lot line developments. The proposal is a request for a waiver to reduce the setback for the driveway from five feet (5') to two feet (2') along the north property line to accommodate the construction of a chattahoochee driveway. The proposed 10' wide driveway is to be located along the northern perimeter of the property from North Swinton Avenue to the northeast corner of the building. There will be tandem parking along the side of the house with a perpendicular maneuvering area proposed within the front yard of the property. The applicant did not wish to install the maneuvering area in the rear of the property as site improvements such as a garage or pool are proposed in the future. Due to the location of street improvements (a landscape island) at the southwest end of the property in the right-of-way, the construction of a circular driveway is not feasible. WAIVER ANALYSIS Required Findings: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver: a.) Shall not adversely affect the neighboring area; b.) Shall not significantly diminish the provision of public facilities; c.) Shall not create an unsafe situation; and, d.) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. As the applicant is unable to locate the driveway along the south perimeter of the property due to site improvements by the City (landscape island) which also impedes the owner from constructing a circle drive, the drive aisle must be constructed in its proposed location along the north perimeter of the property. The house is set back 14' from the north property line. While the driveway can be shifted two feet (2') to the south to provide a four foot (4') landscape strip and driveway setback, this would eliminate the two foot (2') landscape area adjacent to the residence and require the driveway to abut the residence, which is not desirable. The waiver will permit the construction of the 10' driveway and will allow the retention of a two foot (2') planting strip along the south and north edge of the proposed driveway. The reduction of the landscape strip is the minimum necessary to allow access along the north of the property for vehicular use. The front maneuvering area also provides the owner the opportunity to avoid backing out onto Swinton Avenue. Although the change of driveway material from pavers to chattahoochee was administratively approved, with review of the waiver request, the City's Engineering Department has indicated that the driveway apron must be constructed of concrete or asphalt to contain the chattahoochee. 255 N.Swinton Avenue Waiver Request Page 3 Given the analysis above, the waiver request will neither adversely affect the neighboring area nor grant a special privilege to the property owner based on the current configuration of the property and the City's right-of-way improvements. No public facilities will be at risk and no unsafe situations shall be formed by the granting of this waiver, provided an asphalt or concrete driveway apron is installed. Based on this analysis, positive findings can be made to grant the requested waiver pursuant to LDR Section 2.4.7(B). ALTERNATIVE ACTIONS A. Continue with direction. B. Approve 2003-009-COA the waiver request to reduce the setback for the driveway from five feet (5') to two feet (2') of the property line at 255 North Swinton Avenue, based upon positive findings with respect to LDR Section 2.4.7(B). C. Deny 2003-009-COA for the waiver request for 255 North Swinton Avenue based upon failure to make positive findings with respect to LDR Section 2.4.7(B). RECOMMENDATION Approve the waiver request to reduce the setback for the driveway from five feet (5') to two feet (2') along the north property line at 255 North Swinton Avenue, based upon positive findings with respect to LDR Section 2.4.7(B) based upon the following condition: 1) That a concrete or asphalt driveway apron be installed in order to contain the chattahoochee subject to the approval of the City Engineer. Attachments: Site Plan, Photos Report Prepared by:Wendy Shay, Historic Preservation Planner 'q 1 i 144.1 \ m,-.•• ...V/ .' 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M I records of Palm Beach County,Florida;said land situate, lying, and being in ( UFJtJUMt3EREr) PalntBeachCounlj',Florida. i 7(U ' I �9 I 1 4. 6Lr L.P.). G•y-O4 N '' l ,t12,..*/�u.tulyr_ / 1,o c/ _ 5Ys 3,t cc, M,�Dr — 11 N� +u z E 1--e ,, z1 IZ a'_ Foo,,,,7pTIDr,I• ___ _ BEARINGS SHOWN HEREON ARE RELATIVE TO PLAT T�4 77' AND ARE ASSUMED. w Q I Post w �! w j �- > C a L I<.5`,0 17L)`( ELEVATIONS SHOWN HEREON ARE BASED ON Q �I ST >NE, G¢' Ju E a S T ~ WaJa CWIN r70N/ 14G NATIONAL GEODETIC VERTICAL DATUM OF 1929 -a— - V�it 12.4' —__b- UNLESS OTHERWISE NOTED. v C 2 C ,.� n w E V iita \ \21.1 rJ\\ iv . NO BELOW GROUND IMPROVEMENTS,FOOTERS — ST 'NE 2 ST n. L NORTH ',..\ \ s.5 FOUNDATIONS OR UTILITIES HAVE BEEN LOCATED KINGCitt• BLVD a ' r.i \ of-1E S7D2,( OR SHOWN ON THIS SURVEY. " Nrldtgl w ,.' o > W NE 1 CL �� 2. ' —K— tmunita C.nler PST Z NE_ 411 Z ST (/ O Not to Scale - REI t7 E I�l GE NO ABSTRACTOR TITLE SEARCH WAS PERFORMED ¢ J v J LOT4 't \ . PARCEL) BY THIS OFFICE TO DISCOVER THE EXISTENCE IF ANY ) TcnpFnlfcl3 th )Iw 'w3 D AllntFi�ltllra�sz`!I Vicinity BLOCK66 EASEMENTS OR RESTRICTIONS OF RECORD. ..._Ill.,,- Inurr.Z ...aa . flazaY_I t f g \ Map 2',G 8') 6, 21'9 ^\\N O.R.B.=official record book Tran.=transformer pad P.R.=plat book P=plat PG.=page ,t.4''^ r� 'M`r C.B.S.=concrete block structure F.P.B L=Florida Power 8 Light Typ=typical O'=power pole I R =iron rod 10.4' P.C.C.=point of compound curve CM=concrete mammon! n/W=right-of-way IA=measured R=radius - "�f7'` P.C.P.=permananenl control point P.R.C.=point of reverse curve A=central angle I.P.=iron pipe D=deed w P.O.C.=point of commencement P.I.=point of Inlorseclion Q=bearing basis line RP=radius point 0/S=ollset P.O.B.=point of beginning P.T.=point of tangency Asp!)=asphalt L=arc length Cone=concrete fouti117AT,01J J D/E=drainage easement r=not field measured M.H.=manhole Cl.=centerline • Esmt=easement C.M.P.=corrugated metal pipe WPF=wood privacy fence U/E=utility easement ALUM.=aluminum Calc=calculated R.L.S.=registered land surveyor Chatt=Chattahoochee CLF=chain link fence P.C.=point of curvature PARCEL L.B.=licensed business ELEV=elevation P.R.M.=pormanonl retorenco monument Renner,Burgess, Inc. Certified To: =`� 1 S.E.41h Ave.,Suite 205 IBRUCE J.MCKEEVEIR AND 1.0111 D.FISCHEII Delray Beach,FL 33483 MONTICELLO HANK, —.- —0.3' Phone 561.243.4624 I Assigns StleCT3fera and/or Assl Fax 243-4869 6 Land • West Palm 735.7639 THE TI'I'I.E GROUP OFCENTI(A I.F1(IItIDA,4NC. >7� I Surveying West Palm Fax 735.7641 • )I • l e � ET�� I.R. '— _.--- e FIDEI.IT',NATIONAL TITLE INSURANCE COMPANY car L.PJ (n$p4. Fax Free 1-800.773.5531 Fax Free i•800-954-4408 OF NEW 1'ORI: Authorization Number L06504 Flood Zono: ,, y, 7Q�, I hereby ybally at the Sketch of Boundary Survey shown hereon Map No:IS 102 000 4-17 • c,r}$•WALL moots\th minim technical sta d ds sot forth in Chapter 61G17.6, Map Date: I-S-�`l \FO(JA/l7 ¢ 60NG, /.40/J. FloridIminist tiv Codo urs nl to Section 472.027, Florida R.L.s, •11 5089 Statut $. Nei valid unless Dale: 1-22-(9 2, sealed with embossed NOTINCLUDED \ / /at % I" = 20' �� ;11i/( Job No: _IG.7 sur:cyor's seal Harry.B�goes �r �p.j S.No.5089 Revised. POST CASON OFFICE • -- LEGEND -- • • MCHHRCH • FISCHER / CHURCH -_ i MCKEEVER w a I PROPERTY • 255 NORTH SWINTON i AVENUE N.W. 3RD ST. N.E. 3RD ST. CERTIFICATE OF IM APPROPRIATENESS Li w REQUEST ¢ > a M. NM SUBJECT AREA I_ .................. CITY IM 00 7q ATTORNEY n N M o BUILDING M N.W. 2ND ST. MARTIN LUTHER KING JR. DRIVE > N.E. 2ND ST. 0 Q- - ¢ I SUPPLEMENTAL INFORMATION N ) PCN#:12-4 3-46-16-D 9-0 02-0000 w > 0 ' ABRIDGED LEGAL DESCRIPTION: STRATFORD ATTA BOWE w Z PLAT PARCEL#2 J • CITY ¢ I APPROXIMATE ACREAGE:0.211 HALL a ZONING:OSSHAD(OLD SCHOOL I SQUARE HISTORIC ARTS DISTRICT IFLUM:OMU(OTHER MIXED USE) N.W. 1ST ST. N.E. 1ST ST. I a z z =Io 1 COMMUNITY z z Z CENTER �Li Li IIt 1 PLANNING &ZONING DEPARTMENT TENNIS OLD STADIUM 1.. I SCHOOL N l E I I 4 ATLANTIC AVENUE W ir E SOUTH r COUNTY > IL I S Z w ¢ > " LONG-RANGE DIVISION COURT ¢ 0 ¢ 3 DIGITAL BASE-MAPPING SYSTEM HOUSE I- MAP REFERENCE/:LM661 -- OCTOBER 2002 -- Z � ■ • r . / UV I S.W. 1ST ST. S.E. 1ST z ST. I 3 1 �r.� ;K3 Is--. s� s :v 'litik4n f, q*, ,q s r'l,i S e- ... t: j: A,�. - .+i -. 'J 255 N. Swinton Avenue facing southeast. Note the street improvement in the right-of-way. Y L S,T meoppp, 255 N. Swinton Avenue-Drive Aisle (facing east) 0ELR Y6EACH DELRAYBEACH brittri . City HISTORIC PRESERVATION BOARD =met MEMORADUM STAFF REPORT I 1111 1993 - 1993 2001 2001 Agent: Ironwood Properties, Inc. Project Name: Kitay Property Project Location: 603 SE 4th Street ITEM BEFORE THE BOARD The item before the Board is consideration of a COA request for the demolition of a non-contributing carport and an associated variance request to reduce the rear setback of the contributing historic dwelling from 10' to 6.39' pursuant to LDR Sections 4.5.1(F)(1), 2.4.7(A), and 4.5.1(J). BACKGROUND The subject property consists of the south 70' of the east 179.10' less the west 20' of the SE 7th Avenue right-of-way, Block 120 of the Town of Delray. The property is located at the northwest corner of SE 7th Avenue and SE 4th Street. The 1,080 sq. ft. residence located at 603 SE 4th Avenue was constructed in 1938 and is considered a contributing building in the Marina Historic District, though there have been successive alterations and additions since its construction. Zoned R-1-AA (Single Family Residential), the dwelling is located at the northwest corner of SE 7th Avenue and SE 4t Street. The lot configuration is narrow and long, measuring 70' in width by 159' in length. In April 1997, COA 312 was administratively approved for the construction of a wood shadowbox fence along the rear property line. During its meeting of June 16, 1999, a pre-construction application (COA 386) was considered by the Board for the construction of a wood saltbox shed at the northwest corner of the property. The proposed style and materials for the construction of the shed were considered appropriate to the district, however, the proposed location did not comply with the building setback requirements. Recommendations included reducing the size of the shed or requesting a variance though no justification could support such a request. Approval of the COA was never obtained and the shed was never constructed. In June 2001, Ms. Micki Kitay, the previous owner of 603 SE 4th Street, submitted a proposal that included the construction of a garage/guest house on the property and the subsequent demolition of the main dwelling. The property owner proposed to live in the Meeting Date: November 6,2002 Agenda Item: II.C. 603 SE 4th Street—Car port Demolition&Variance Request Page 2 guest house while a new home was constructed. This proposal was not feasible due to zoning/use issues consequently, a COA application was not submitted. On August 1, 2001, the Board reviewed and approved COA 466, a request for the installation of a wood picket shadowbox, perimeter fence along SE 4th Street and SE 7th Avenue as well as the east 37' on the north property line. The proposed fence measured 3.5' feet in height and included three access gates: two on the SE 4th Street side and one on SE 7th Avenue. A waiver was requested in association with the construction of the fence in order to reduce the site visibility triangle as required when property abuts the intersection of two public rights-of-way as the proposed fence measured 3.5' rather than the required 3'. Also proposed was the construction of a stabilized sod parking area at the northeast corner of the property. No objections were stated in relation to the alternative parking material however, a concrete apron around the stabilized sod parking area was required as a condition of approval. The requests for the construction of the fence and parking area as well as the waiver were granted by the Board. In October 2002, Ironwood Properties, Inc. purchased the property from Micki Kitay in order to accommodate the additional required parking and landscaping for the adjacent mixed-use development (The Meridian), located on the east side of SE 6th Avenue (Northbound Federal Highway), between SE 3rd and 4th Streets. At its meeting of October 1, 2002, the City Commission recommended approval (on first reading) of the rezoning of the west 16' of the subject property from R-1-AA (Single Family Residential) to CBD (Central Business District). This rezoning is being processed concurrently with a Future Land Use Map amendment from LD (Low Density Residential 0-5 units per acre) to CC (Commercial Core), which is part of the City's Comprehensive Plan Amendment 2002-02. The Comprehensive Plan Amendment Transmittal Hearing also occurred at the October 1st City Commission meeting. Second reading of the rezoning ordinance will occur in conjunction with adoption of the Comprehensive Plan Amendment, which is anticipated in December. The parking will be located on the west 16' of the subject property and will be incorporated into the Meridian project. The balance of the property containing the extant historic building will be sold. In order to utilize this 16' of land, the applicant is requesting the demolition of an existing free standing canopy covered carport and a portion of the concrete parking slab. The carport lies to the west of the extant historic dwelling. The applicant is also requesting a reduction of the rear setback of the main dwelling from 10' to 6.39' to allow the construction of the proposed parking spaces to the west of the house and is now before the Board for approval. PROJECT DESCRIPTION /ANALYSIS Project Description The proposed project consists of a request for the demolition of a free standing carport which lies to the west, adjacent to the historic dwelling. The non-contributing carport sits on a concrete driveway (a portion of which will also be demolished) and is supported by four metal posts with a canvas cover. The carport structure currently encroaches into • 603 SE 4th Street—Car port Demolition&Variance Request Page 3 the westernmost 16' of the property which is slated for use as part of the Meridian mixed-use (office and residential) development. Demolition of the structure will permit the area to be cleared in order to accommodate additional parking for the adjacent development. The applicant has also requested a variance to reduce the rear setback of the historic dwelling from the required 10' to 6.39'. The subject property at 603 SE 4th Street, which abuts the proposed Meridian development, juts to the west and does not allow the alignment of the proposed development's east property line. Therefore, the applicant purchased the entire property at 603 SE 4th Street in order to provide the required additional parking and landscaping on the west 16' and to align the east property line. Currently, the historic dwelling is set back 22.39' and exceeds the 10' minimum setback requirements. In order for the developer to retain the west 16' and sell of the balance of the subject property, a variance is necessary. DEMOLITION ANALYSIS Required Findings: Pursuant to LDR Section 4.5.1(F)(1), The HPB shall consider the following guidelines in evaluating applications for a COA for demolition of historic buildings; (a) Whether the structure is of such interest or quality that it would reasonably fulfill the criteria for designation for listing in the National Register. (b) Whether the structure is of such design, craftsmanship, or material that it could be reproduced only with great difficulty or economically nonviable expense. (c) Whether the structure is one of the last remaining examples of its kind in the designated historic district within the city. (d) Whether retaining the structure would promote the general welfare of the city by providing an opportunity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. (e) Whether there are definite plans for immediate reuse of the property if the proposed demolition is carried out, and what effect those plans will have on the character of the surrounding area. The non-contributing structure slated for demolition consists of a free standing, self supporting carport with metal supports and canvas cover and a portion of the concrete driveway. As the removal of the non-historic structure and concrete slab will in no way negatively impact the historic dwelling nor will the demolition affect the standing of the historic district, positive findings can be made with regard to the demolition of the structure and a portion of the concrete driveway. 603 SE 4th Street—Car port Demolition&Variance Request Page 4 VARIANCE ANALYSIS Required Findings: Pursuant to LDR Section 4.5.1(J), in addition to the required findings of LDR Section 2.4.7(A)(5) (copy attached), the Board may also be guided by the following as an alternative to the above criteria: (1) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare; (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenances, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places; (c) Literal interpretation of the provisions of existing ordinances would alter the historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site; and, (d) The variance requested is the minimum necessary to preserve the historic character of a historic site or a historic district. (2) Or, as an alternative to Sub-Section (J)(1), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare; (b) The variance would not significantly diminish the historic character of the Historic District or Site; and, (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. (3) The Board shall otherwise follow procedures and impose conditions as required of the Board of Adjustments. The west 16' of the property at 603 SE 4th Street is owned by the applicant, Mallory II, LLC. However, in order to utilize the land for the adjacent development, approval of a variance is essential. As the additional land is needed in order to meet the required parking for the adjacent development and in order to justify the existing property line from north to south at the eastern edge of the proposed townhouse development, a reduction of the rear setback for the residence is required. While the lot configuration at 603 SE 4th Street is unique in both its sizeable front setback and in its protruding western property line, the retention of the rear setback is neither important to the contributing status of the dwelling nor will its reduction negatively impact the 603 SE 4th Street—Car port Demolition&Variance Request Page 5 surrounding properties within the historic district. Granting the variance would allow the necessary parking for the adjacent development and permit the retention of the contributing building's original location and orientation. Further, granting the variance would not be contrary to the public interest, safety, or welfare by negatively impacting surrounding properties or altering the contributing status of the dwelling. Special conditions and circumstances exist due to lot depth and location of the house on the property to the far west of the lot and the variance requested is the minimum necessary to justify the current property line. Given the conditions under which this variance is being requested, it is reasonable to believe that the variance would be granted elsewhere under similar circumstances based upon the City's objectives to preserve historic resources. Based upon the above analysis, positive findings can be made with respect to LDR Section 4.5.1(J)(1). It is noted that approval of the variance is contingent upon the retention/preservation of the historic dwelling. As variances run with the land and can be conditioned, this variance should not apply to new construction unless the existing historic building is preserved in situ. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve 2002-405-COA for demolition of the non-contributing carport and the associated variance to reduce the rear setback from 10' to 6.39' for a contributing residence at 603 SE 4th Street, based upon positive findings with respect to Sections 4.5.1(F)(1) and Section 4.5.1(J)(1) of the Land Development Regulations and the policies of the Comprehensive Plan. C. Deny COA 2002-405-COA for demolition of the carport and the associated variance to reduce the rear setback from 10' to 6.39' for a contributing residence at 603 SE 4th Street, based upon a failure to make positive findings with respect to LDR Sections 4.5.1(F)(1) and (J)(1). RECOMMENDATION Demolition Approve 2002-405-COA for the demolition of a non-contributing carport and a portion of the concrete driveway at 603 SE 4th Street based upon positive findings with respect to LDR Section 4.5.1(F)(1). Variance Approve 2002-405-COA associated with a variance to reduce the rear setback from 10' to 6.39' for a contributing residence at 603 SE 4th Street, based upon positive findings with respect to LDR Section 4.5.1(J)(1) based upon the following condition: 603 SE 4th Street—Car port Demolition&Variance Request Page 6 1) That the variance should not apply to new construction unless the extant historic dwelling is preserved/rehabilitated in situ. Report Prepared by:Wendy Shay, Historic Preservation Planner Attachments: Survey, Map JH , i I F / -- LEGEND -- ATLANTIC AVENUE 1 1 1 IIa IEW:2STETRWAY KITAY COMMERCIAL PROPERTY - - - CONDO 603 S.E. 4TH STREET Li a > (MARINA HISTORIC - m Q BAR o DISTRICT) a HARBOUR --VARIANCE REQUEST- _ S.E. 1ST ST. SUBJECT AREA • - FIDELITY } FEDERAL > a` I— BANK Q /-1 I - Q - cr — 2 to = Z CO - SUPPLEMENTAL INFORMATION W- PCN#12-43-46-16-01-120-0280 - N APPROXIMATE ACREAGE:0.245 S.E. 2ND ST. - ZONING:R-1-AA(SINGLE FAMILY RESIDENTIAL) - SEAGATE FLUM:LD(LOW DENSITY RESIDENTIAL,0-5 - .---1 TOWERS UNITS/ACRE) _ J -1 W W ~ - 0 0 V - Q S.E. 3RD ST. 0 l - CD - o o Q — m MALLORY m r&ZONINPG DEPARTMEN T SQUARE 2 I- N -w Z L N z - Al -E _ _ ____ 1 Wir S.E. J 4TH ST. SEAGATE - MANOR 1 LONG-RANGE DIVISION DIGITAL BASE-MAPPING SYSTEM MAP REFERENCE&LM660 ] 6 Z DELRAY Z} BEACH J • -- ocTOBER zooz -- L RD. = WOMEN'S = r BUCIDA 1 N> >CLUB U)� w N i�, �{ Q o W ] , z 7al U N t ,,,,,.r is/ S.E. 6TH ST. C MELALEUCA RD. —1 r_ BARRTON APT CONDOS I MAP OF BOUNDARY SURVEY cfA.k. w ''V - - NORTH I SCALE 1"=30' I — !LAND DESCRIPTION - ITHE SOUTH 70 FEET OF THE SOUTH (HALF (S1/2) OF BLOCK 20. LESS THE I WEST 143 FEET, TOWN OF LINTON NOW • . !KNOWN AS DELRAY BEACH, FLORIDA, I, •` �e NWN I ACCORDING TO THE PLAT THEREOF ON { ', "' Otivr:13NK BOLLA � RD 1►SPHA-T a N�17NK I FILE IN THE OFFICE OF THE CLERK OF ? — uu�� ITHE CIRCUIT COURT IN AND FOR PALM j I^\. 4•OLE• vrUP�C�`' II • • I BEACH COUNTY, FLORIDA AS RECORDED 25.00' -II IIN PLAT BOOK 1 AT PAGE 3, LESS THE Ip • QQ'QQ'OO'�V 7 O Ir,.r ecaa o, I LIST 2D FEET FOR ROAD z r�r I p� :a IRIGHT—OF—WAY. '' ' u coNc _• : I r_ CBS Iw;i t w'�\__ . Ij 0 ^, SJ rivocu n 1 DRNE yy I I z0 1<.13' 1( 1 a•EASEMENT To coy of DELRAY REACH SAID LANDS LYING IN THE CITY OF z • �. ow. w znz rea lDELRAY BEACH, PALM BEACH COUNTY, 1FLORIDA AND CONTAINING 10,014 II `- 5FENCE WIDD k FND. I.R.&C. tSOUARE FEET (0.23 ACRES), MORE OR co ` R cBsu� E #2264 II�S ct , BUILDING s a Vim I Lm b _ 5.21' i C.B.S. = CONCRETE BLOCK .� • u., L_RakC s IRON ROD & CAP CCO �' N 4 PORCH sn DT& :1- !3 ; DECK_� LEE PARCEL C1.F = CHAIN LINK FENCE — • ORB 3415, PG 572 = FOUND wuP 14p `,I = GATE VALVE c•woo ITR,F `'3 OFFICIAL RECORD BOOK 3' ' I 4•room mum {TYPICAL) 1 1 1.i I. = PERMANENT REFERENCE E., ( ) MARKER z C l a P.C.P. = PERMANENT CONTROL KITAY PARCEL �+ Q, POINT 3 v ORB 9775. PG 1330 'A w P.B.C.R.= RPALM ECORDS COUNTY m MI I g" �N 6• '4'woo° cm WOOD FENCE P.B. = PLAT BOOK `Z aR r O PG. = PAGE COW. = COLUMN I I I y WUP = WOOD UTILITY POLE r WM = WATER METER . I T I OHW = OVERHEAD WIRES STR E1T 9 ;''WOOD to I O/S = OFFSET N IP.R.M.END. PR ''''.1. P = PLAT I m`� I:, I FE,+cE NO € T I M = MEASURED m 7, ` 1. (R) u" X. /. Z Ca ice NE T 25.00'. . SMH . /.. ) I 5 WM SURVEY NOTES: I 0 N p •'0•'OD�Y 70.Od' : 3'X2' VAULT❑ _S.E. 7th AVENUE Q. 1. LANDS SHOWN HEREON WERE iGv. NOT ABSTRACTED FOR ' \ A/0060D'D0�1' `-CENTERLINE RIGHTS—OF—WAY,EASEI,IENTS, SAN aD I OWNERSHIP OR OTHER INSTRUMENTS ;0° t. CB} sAN COO� / GV OF RECORD. I ❑cs O4 F.HYD 12 UNDERGROUND FOUNDATIONS CB (AST +INE—BLOCK 120 I NOT LOCATED. (PE i, PG 3, PB r R) I '3. BEARINGS SHOWN HEREON ARE % ASSUMED AND ARE RELATE TO THE J l �� I.CaTI RUNE OF SE 7th AVENUE FOR THE FIRM, BY/_ . iSAID UNE BEARS NORTH 00'00'00" MICHAEL D. ROSE WEST PRO�SIONAL SURVEYOR AND MAPPER j FLORIDA. REGISTRATION NO. 399E I UN,c' S IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA OF WORK 09/19/D2 LICENSED SURVEYOR AND MAPPER THIS MAP OF BOUNDARY SURVEY IS FOR —.lECT NO NO 7 — NAME: KITAY2.DWG INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. Cv E -.A SHAH ENGINEERING :Z.J L DROTOS SURVEYING I & A S S 0 C I A T E S PLANNING CERTIFICATE OF AUTHORIZATION NO. LB 6456 BOUNDARY SURVEY RD 9/24/02 171/49 I MDR 1835 S. Per meter Road•Suite 190•Ft. Lauderdale,Fl. 33309 PH: 954-776-7604 •FAX: 954-776-7608 1 REVISIONS OWN DATE FB/PG CHKD HISTORIC PRESERVATION BOARD STAFF REPORT Project Name: 2003-020-COA—Atlantic Grove Project Location: North 300 & 400 Block, West Atlantic Avenue Avenue, West Settlers Historic District ITEM BEFORE THE BOARD The action requested of the Board is that of granting approval for revisions to the design elements associated with a Class I Site Plan modification for the previously approved Atlantic Grove Townhouses, pursuant to LDR Section 2.4.6(J). BACKGROUND The property, located within the West Atlantic Avenue Redevelopment Area, was assembled by the CRA for redevelopment as a mixed-use project. A Request for Proposals (RFP) for the project was issued on March 1, 2000 and the Atlantic Grove development, consisting of townhouses in the rear and commercial buildings fronting on West Atlantic Avenue, was chosen from among four proposals. The residential component of the project includes eight 3-story buildings containing a total of 55 townhouses with two-car garages. There are 31 two bedroom units and 24 three bedroom units. The two 3-story buildings, fronting on Atlantic Avenue contain 47,856 sq. ft. of retail/office/restaurant space on the ground (1st) and 2nd floors and 20 residential condominium units on the 3`d floor. The project includes 201 off-street parking spaces located in parking lots behind the commercial buildings and 71 on-street parking spaces on NW 3`d Avenue, NW 4th Avenue, NW 5th Avenue and NW 1st Street. Paverbrick sidewalks and street lighting to match that on West Atlantic Avenue are located around the entire 300 block and from Atlantic Avenue to the parking lot entrances on the 400 block. There are two gated entries on NW 3`d Avenue and NW 1st Street for the townhomes and a pool and cabana are located just inside the main entrance on NW 3`d Avenue. On July 24, 2001, the City Commission approved the Conditional Use to allow a density of 16.54 units per acre and on August 7, 2001, the City Commission approved the rezoning and conditional use for the stand-alone parking lot located on the west side of NW 4th Avenue, immediately south of Mount Olive Missionary Baptist Church. The Site Plan was reviewed and approved by HPB on August 15, 2001. On February 6, 2002, the Board approved the Landscape Plan and final Building Elevations and Design Elements for the project. Groundbreaking for the project is scheduled for November 8, 2002. Meeting Date: November 6, 2002 Agenda Item: II.E. HPB Staff Report Atlantic Grove: COA-2003-020—Modification of Townhouse Elevations Page 2 PROJECT DESCRIPTION As approved, the front building facades of the townhouses were symmetrical in form. The planes of the front façade of the townhouses are varied with the end unit(s) offset by 3'-4". A wide smooth stucco base and two 6" stucco bands were provided around the building, one on the first floor and one below the windows on the 3rd floor. A raised stucco eave trim was applied around the building, below the roof overhang. Architectural features and colors were varied on the building to emphasize the individuality of the units. Recessed balconies were provided on the interior units and projecting balconies were provided on the corner units. A hip roof was utilized on the building to minimize the building height on the side elevations and dormers were added to break up the large expanse of roof. In a letter dated October 21, 2002, the applicant proposes to make the following elevation changes: FRONT ELEVATION 1. Front balcony railing design was changed to meet Life Safety Code. 2. Second floor coach lights on interior units were deleted because balconies are inset and lights are overhead. 3. Front door height was changed from 6'-8" to 8'-0". This change eliminated the continuous raised stucco band across the front of the elevation at the top of the 1st story and raised the roof dormers above the front doors. REAR ELEVATION 4. Coach lights were removed from the side of the garage doors to overhead. 5. Garage doors were enlarged from 7'-0" high to 8'-0" high. 6. Eliminated continuous raised 6" stucco band at the top of 1st story. (Aesthetics) SIDE ELEVATION 7. Eliminated continuous raised 6" stucco band at the top of 1st story. (Aesthetics) 8. Decorative shutter on second floor windows were changed to 6" stucco band (Aesthetics). 9. Window size changes. (Aesthetics) In addition to the above items listed by the applicant, the following changes are also noted: 10.Raised stucco bands have been added around the front doors. • HPB Staff Report Atlantic Grove: COA-2003-020—Modification of Townhouse Elevations Page 3 11.First Floor windows raised to match doors. 12.The multiple band raised stucco eave trim around the building was replaced with a single band. DESIGN ELEMENTS ANALYSIS Required Findings: The Board must make a finding that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Future Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1. Pursuant to LDR Section 4.5.1(E)(7), the construction of new buildings or structures shall be generally compatible with the form, proportion, mass, configuration, building material, texture, color and location of adjoining sites. Pursuant to LDR Section 4.5.1(E)(8), all improvements to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility shall be determined in terms of height, front façade proportions, window openings, rhythm of solids to voids, rhythm of buildings on streets, rhythm of entrance and porch projections, materials, texture, color, roof shapes, walls of continuity, scale of building. Pursuant to LDR Section 4.6.18(B)(14) Architectural Elevations and Aesthetics — Criteria for Board Action, the following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: (a) The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Positive findings with respect to LDR Sections 4.5.1(E)(7)&(8) and LDR Section 4.6.18(B)(14) were made at the time of the previously approval. The proposed elevation changes do not affect the overall scale, mass or character of the proposed buildings. The townhouses are designed to break up the facades and emphasize individual units. They are 3 stories (35'-1 0") in height which is compatible with the other buildings in the area including the Mount Olive Missionary Baptist Church and the existing homes and approved church to the north. Although the size of the buildings varies with the number of units in each building, their scale is compatible with the surrounding development including the mixed-use buildings proposed as a part of this project. HPB Staff Report Atlantic Grove: COA-2003-020—Modification of Townhouse Elevations Page 4 FRONT ELEVATION The changes to the front elevations have minimal impact to the overall look of the proposed townhouses. The railing designs are improved and the lighting change is appropriate. As stated by the applicant, the loss of the stucco band was made necessary with the height increase of the doors. Since the top of the 1st floor windows and doors are now closer to the 2nd floor balconies, this banding is inappropriate staff agrees that it should be removed. The addition of banding around the doors is also more consistent with the 1st floor windows which also have banding around them. The only change to the front elevations which staff does not support is the elimination of the more decorative raised stucco eave trim. It is recommended that this element be retained as previously approved. In addition to the above, it is noted that the covered entry feature for each unit is the same. It is recommended that gabled roofs be provided over the entries of the interior units. This would compliment the dormers provided on the main roof and add character to the facade. REAR ELEVATION The rear elevations as approved were much plainer than the front elevations. The elimination of the raised stucco band at the top of the first story and the less decorative raised stucco eave are a step in the wrong direction. Even though this elevation faces the interior of the project, staff feels that additional design elements would help increase the aesthetics of the project. The following changes are recommended: 1. The raised stucco band at the top of the first story should be replaced with stucco arches incorporating a textured pattern above the garage doors; 2. The raised stucco eave should remain as approved; and, 3. Shutters should be added to the second floor windows for the two units at each end of the building. Since Solitaire Palm trees are to be placed in islands between the garage doors, it is appropriate that the exterior lights be moved over the doors. SIDE ELEVATION The side elevation is visible from the surrounding roadways and should retain as much character as possible. As with the front and rear elevations, staff does not support the elimination of the more decorative raised stucco eave trim. It is recommended that this element be retained as previously approved. Staff also does not support imintion of the shutters on the 2nd floor windows. These should be retained as approved.f Si Since, elimination of the banding above the first floor is consistent with the proposed front and rear elevations, this change is appropriate. The changes to the building elevations are being proposed primarily for aesthetic reasons. While staff supports the majority of the changes, some design elements should remain as previously approved since they are aesthetically superior to the proposed changes. It is also noted that additional architectural design elements on the rear elevations, as well as gabled entry features on the front elevations of the interior units, would improve the overall aesthetics of the project. With incorporation of these changes, positive findings with respect to LDR Sections 4.5.1(E)(7)&(8) and LDR Section • HPB Staff Report Atlantic Grove: COA-2003-020—Modification of Townhouse Elevations Page 5 4.6.18(B)(14), Architectural Elevations and Aesthetics — Criteria for Board Action, can again be made. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Class I Site Plan Modification and associated design elements for 2003- 020-COA, Atlantic Grove, based on positive findings with respect to LDR Sections 4.5.1 (E)(7) & (8) and LDR Section 4.6.18(B)(14). C. Deny the associated design elements for 2003-020-COA, Atlantic Grove, based upon a failure to make positive findings with respect to LDR Sections 4.5.1 (E)(7) & (8) and LDR Section 4.6.18(B)(14). STAFF RECOMMENDATION Approve the Certificate of Appropriateness associated with a Class I Site Plan Modification for Atlantic Grove, based on positive findings with respect to LDR Sections 4.5.1(E)(7) and 4.5.1(E)(8), regarding compatibility of the proposed development with surrounding properties and LDR Section 4.6.18(B)(14), Architectural Elevations and Aesthetics — Criteria for Board Action, subject to the following conditions: 1. The eliminated raised stucco band at the top of the first story on the rear elevation should be replaced with stucco arches incorporating a textured pattern above the garage doors; 2. Shutters should be added to the second floor windows on the rear elevation for the two units at each end of the building;. 3. The raised stucco eave around the building should remain as previously approved; and, 4. The shutters on the 2nd floor windows of the side elevation should be retained as previously approved. 5. 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RE iRA11DN WI 34175 NO nAl REVIW4 APPRNED FILE: Fi0e0501 , All Ironwork All Trim O Shutters& O Doors !s ; :6!�. ' Gray Shingles .. ; / • CI „ti , _.:,:*,t . __ '-- .4.-AE---A- 1E131 a I 4 I e'\N ,:c' , -. , . 1,11 , .,, 4 --., ..-r-, A 9 74;0 4, 11�llillrl1.�: Ill - _______ --i Ii .1 i i - �t i i u ID 1111 an - 44 me El i fil tIPL'I.i P5_,In II'':fit , _ _ • *All Sherwin Williams Colors Atlantic Grove k .‘.„,,,,, y, �, - .a 1 ■ ■ o ■ o , 1 o ■io ® . o ■ � f I. ! —1 A _ . A 0 • _ �' • a .. w.• '-aic r .' ;!�'i+� MI mil a $.0.: . -�.,_. ._'4, New Urban,Communities