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HPB 01-08-1997
'. >'>>>`s':>> <> >>> >': > :: I RI PRE TI ` N B D ATTENDANC011411IMMEiiiiiiiiiiii iiiiNteiFrititaiii0ATESiiig:;:::::J HN::z BET :: SUSAN:: 'V RA JOHN J. :DERV .:.. PAT :.> - 09/04/96 P P P A A A P 09/18/96 C AN C E L E D - 09/24/96 09/24/96 P Al P P P P P -- 10/02/96 P Al P P P P A - 10/16/96 P Al P P A P A 11/06/96 A P P P P A P 11/20/96 P P A P A P P 12/04/96 C AN C E L E D 12/18/96 P P P P P A P 01/08/97 P P P A P P P 01/22/97 P P P A P A P t EEfiI C`' , TE ; JE#HN:::' >:::::.::>BE ' " $V$AN NtE , ()HN `DE.B << .............................................................................................................................................................................. ........................... ............................... ........................................................................................ ................................................................................................................. .............................. 02/05/97 A P P P P P 02/19/97 P P P P P A 03/05/97 P P A P P P .:.,..> ><>: .SS"`' �.E`` '.`'' > .>..:N> ` O` i M ON> .M Efi N .. J# S.... . --H �..*i:*:.-3.... Y...�::::5....:.. . ::::::: (_ .::::::., —:----.::. QE ::...TINY:::. ...............:........................................................................................................................................................................................................................................................ 03/19/97 P P P A P P P 04/02/97 P P P P A P P 04/16/97 A P P A P A P 05/07/97 P P P P P P P 05/21/97 C AN C E L E D 06/04/97 P P P A P P A 06/18/97 P P A P P A A . 07/02/97 C AN C E L E D 07/16/97 P P A P A P A 08/06/97 P P P A P A P 08/20/97 P P A A P P P Betty Diggans was c,L t with a broken ankle (excused absences). -e t DELRAY BEACH tend AlI•AmericaCity 1I I! 1993 AGENDA HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: January 8, 1997 Type of Meeting: Regular Meeting Location: First Floor Conference Room Time: 6:00 P.M. 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. Pursuant to F.S.286.0105. I. CALL TO ORDER II. APPROVAL OF MINUTES - • December 18, 1996 III. CERTIFICATES OF APPROPRIATENESS • A. COA-303. 1030 Nassau Street, Contributing Single Family Residence, Nassau Park Historic District. Phylis Whitney, Owner. Construct an 18' X 9' On-Site Parking Space in the Front Yard. B. COA 302. 708 S.E. 3rd Street. Contributing Single Family Residence, Marina Historic District. Ronald Bizick, Owner; Doug Bloss, Authorized Agent. Alterations to Existing Residence and New Construction of an Attached Garage. HPB Meeting January 8, 1997 Page 2 • IV. REPORTS AND COMMENTS A. Reports from Historic District Representatives B. Board Members C. Staff • V. ADJOURN Pat Cayce Historic Preservation Planner POSTED ON: January 3, 1997 File/u/agenda/hpb18 MINUTES OF THE HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA PUBLIC HEARING MEETING DATE: JANUARY 8, 1997 LOCATION: FIRST FLOOR CONFERENCE ROOM I. ROLL CALL: The meeting was called to order by the Vice-Chairman at 6:05 P.M. Upon roll call it was determined that a quorum was present. MEMBERS PRESENT: Chairman Vaughan (arrived 6:15), Vice-Chairman Johnson, Debora Turner, Pat Healy-Golembe, Susan Hurlburt, Betty Diggans MEMBERS ABSENT: Vera Farrington STAFF PRESENT: Pat Cayce II. APPROVAL OF MINUTES: The Minutes for the Regular Meeting of December 18, 1996 were before the Board for consideration. Ms. Golembe moved to approve the Minutes as presented. The motion was seconded by Ms. Hurlburt and passed 5-0. At this point on the agenda Chairman Vaughan arrived at the meeting. III. CERTIFICATES OF APPROPRIATENESS: A. COA 97-303: 1030 Nassau Street; Contributing Single Family Residence; Nassau Park Historic District; Phylis Whitley, Owner. Item Before the Board: The action requested of the Board is that of approving a COA to allow an 18' x 9' concrete on-site parking space to be constructed in the front yard. The applicant was not present at the meeting, however, the Board felt that as they had no objection to allowing the parking space to be constructed on the proposed location they would discuss the item. After a brief discussion it was moved by Ms. Turner, seconded by Ms. Golembe and passed 6-0 to allow COA 97-303 to be approved administratively if the applicant was willing to use a brick colored paver block surface instead of the proposed concrete. If the brick colored paver block surface is unacceptable to the applicant, the applicant will return to the Board for approval of the concrete surface. B. COA 97-302: 708 S.E. 3rd Street; Contributing Single Family Residence; Marina Historic District; Ronald Bizick, Owner; Doug Bloss Authorized Agent. Item Before the Board: The action requested of the Board is that of approving a COA for alterations to an existing residence and new construction of an attached garage. It was moved by Ms. Golembe, seconded by Ms. Hurlburt and passed 6-0 to approve the windows for the east elevation as presented. After discussion it was determined that the applicant wished to apply for a variance to locate the proposed garage 20' from the front property line, where a 30' front setback is required. The Board concurred with the applicant and felt that by relocating the garage further to the north the original courtyard and guest house would be more appropriately preserved. Additionally, all three arches on the west loggia would be allowed to remain if the garage were repositioned. The north and west elevations will be acted upon when the applicant returns for the variance request and the redesign of the garage to accommodate the variance. Additionally the Board had concerns with the proposed window locations on the north elevation, these will be addressed with the revised plans. IV. REPORTS AND COMMENTS: A. Reports from Historic District Representatives None B. Board Members Ms. Golembe stated that she had concerns about the use of rental mopeds in the beach area. She questioned if the Board had similar concerns. The Board concurred, and felt that noise, safety, and congestion might threaten the City's "Village by the Sea" atmosphere as well as the historic homes and neighborhoods in the area. The Board requested that staff send a memo to the Planning Director regarding its concerns and asked that they be kept informed of the progress of the LDR text amendment which would allow moped rentals. The Board requested that comments from the Planning Department be presented to the Board at its next meeting. C. Staff None -2- 01/08/97 V. ADJOURNMENT: There being no further business before the Board, Golembe moved to adjourn the meeting at 7:00 P.M., seconded by Ms. Hurlburt and passed 6-0. The undersigned is the Secretary of the Historic Preservation Board and the information provided herein is the Minutes of the meeting of said body for January 8, 1997, which were formally adopted and approved by the Board on February 5, 1997. Ve-i Diana Mund 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. -3- 01/08/97 • • :::<: ::::':::::: ::° .........................TOR.. ::.P ES.ERVATIO ..BO. 0.::::::::::::::.::::::::.:::::..:.:...... Project Name: COA 303 Project Location: 1030 Nassau Street The action requested of the Board is that of approval of COA-303 to allow an 18'X9' concrete on-site parking space to be constructed in the front yard. This contributing, wood frame;single family residence was constructed in 1939, and is located on the southwest corner of Nassau and Gleason Streets. > PR ?� EC.,<.:_ S_C`��IpT ' <=> ` > >>> ' isi mmg <i''`< ``i ::>:>:::>::::::::..::::>::::::>:::::::::>::>:;>::>::>::::::::::::>::::>:;>::>::: :::: ��T..I�ES�f��FT1011�i..... The applicant is proposing to install an 18' x 9' parking space on the western portion of the front yard, 6' from the west property line property line. The surface of the parking area is to be concrete. An existing 6' hedge separates the subject property from the residence to the west. . .f31{�CtIttE1�1'C There is no on-site parking for this residence. Due to the size of the lots, many of the residents on Nassau Street must utilize the front yard for parking and carports. A six foot high hedge runs across the front of the property, nine feet of which will be removed to access the parking area. This opening in the hedge will provide an interesting glimpse of the structure which is now barely visible from the road. AL ;<.>: <° IVE ``C< ON ' > SERE RBEE >>`<< 'M .::» > :: :<: >> > :........... .. 'ERA 1 E..A. TIGE T S 1. Deny, with reasons stated. 2. Approve as presented. • Meeting Date: January 8, 1997 Agenda Item: Ill-A HPB Staff Report COA-303 Page 2 inigliniENNEMEMBERMEMENReetilngNOKMONAIREMINEEMIMiiiniiigninfinign Based on positive findings to Section 4.5.1(E), approve COA-303 as presented.. file/u/coa303sr �'A • ! t • —.._ i . 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I. .Lr�'. • 44<i : 1II = log c:., • a, it is understood and agreed that this review tot REVIEWED.FOR CODE COMPLIANCE CODE COMPLIANCE of this plan is subject to the builder's and/or owner's compliance with Date Permit No. . all building, plumbing, electrical, mechanical, Zcr>: ;g _ ______ zoning, and all other applicable ordinances of the City of Delray Beach. The undersigned Building specifically agrees to observe and enforce all, Electrical safety regulations as specified in OSHA SAFE; Plumbing TY AND HEALTH REGULATIONS.for the Con: Nlechanica! -- — struction industry Standards (29 CFR — 1026/191u). These plans must be on the job at Fire Inspection ___ . all times for all inspections. 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W N. �. ° 4. r STATE ROADS LO j e Apl NO � LOTx A— •i I I kW.... 1 ; 0 4TLANr/c OCE • 2AN 1 in I I ..1 1, Project Name: COA-302 Project Location: 708 S.E. 3rd Street, Marina Historic District The action requested of the Board is that of approval of COA-303 for alterations to an existing residence and new construction of an attached garage. The subject property came to the Board for review at its meeting of September 18, 1996. The prospective owner of the property declined to go forward with the purchase and a new owner with new plans is before you for consideration. The contributing single family residence was constructed in 1925 and was extensively remodeled in 1954. The exterior presents a Mediterranean Revival style, but it is not known if this was the original style of the structure. ' R E<.::e-RPT0---:.: <><`< <> >< > > »> >>< ssi > . The proposal consists of renovations to the interior; conversion of an existing garage into living space; and the construction of a new attached garage, as follows: North Elevation (Street). • The existing garage doors will be removed and replaced with 3 custom made wood windows with a fixed pane arch at the top. • A new garage will be constructed to the west. The garage will be roofed and stuccoed to match the existing building. The garage doors are to be of wood with raised panels. • The existing driveway will be removed. • The new driveway will be constructed of paver block. Meeting Date: January 8, 1997 • Agenda Item: III-B HPB Staff Report COA-303 Page 2 East Elevation (Intracoastal Waterway) • The arches on the existing screened loggia will be infilled with arched wood - French doors. • Two arched windows to match the north windows will be installed in the existing garage. South Elevation • The existing south elevation remains unchanged. • Two windows to match the existing south windows will be installed in the new garage wall. West Elevation • A new arched window will be installed in the existing garage space. • The new garage wall will be stuccoed and roofed to match existing structure. • The existing arched patio is to remain. :.;S AF.._.CO : :. m maimm ' > 1 ii i> Despite its outward appearance, this house is quite small. Conversion of the existing garage, which was constructed during the 1954 renovation, to living • space is a good solution to increasing the living area. The new garage will be set back from the street 30' which will break the plane of the north elevation and diminish the appearance of the garage doors. Additionally the proposed new garage plans are consistent with the setback requirements for the R-1-AA zoning district. The original features on the south elevation have been retained. The enclosure of the loggia, also a 1954 addition, is appropriate as is the choice of the arched French doors. Staff feels that the location of the windows of the garage conversion on the north elevation is inappropriate. Staff suggests that the owner consider placing the windows symmetrically, or that 4 windows be installed as opposed to 3. HPB Staff Report • COA-303 Page 3 1. Continue with direction. 2. Deny, with reasons stated. 3. Approve as presented. 4. Approve with the condition that the windows on the north elevation be repositioned. 1. Based on positive findings to Section 4.5.1(E), approve COA 8-302 with the following condition: That the windows on tt:it north elevation be arranged symmetrically or that 4 windows, as opposed to 3, be added to balance the wall space. file/u/doc/coa302sr 4 0: 4"'-r • 0 I.1u q444466 To govtE BC(oN9 / C-XIs7nNa Poor. 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I 2 h MEM WE N /4 ` •► =eta? .,� \ / Q 6 S� 2/�•N s jI ) 3 2Z /5 : - 3 . 22 b ' ;`' • i 1 f 14 2/ N 4Int• �1 ' 4 1' 2/ -t q I I • 4 • 20 5 Nal ME us$ 5 • 20 /i5e,• i I 6 J — /9 3 6 .�;6 ^ ` • 3 •N•. I K w " / Ni _ 9 2/ a � W. c. �I il ' 6 /6 u e ° Ar8e1/� I ( • 7 • ' /5 /0 ..s,r1 / II SO'arm wfs• ca los CO :, . .ss ' R z ,i, 6 Sect'on /6 6O'"• �� '.-6--scam - -- t �� ,•� / f f4 I� Sect on 2/ I1 I r----- , DELRAY BEACH ATLAS ROBERT E. OWEN 9 ASSOC/ATES, INC. Tl.•n•.p•b.n•M It I.e(t...d•.tM• -S DELRAY BEACH All-AmericaCity 1993 AGENDA HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: January 22, 1997 Type of Meeting: Regular Meeting Location: . COMMISSION CHAMBERS Time: 6:00 P.M. 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. Pursuant to F.S.286.0105. I. CALL TO ORDER II. PUBLIC HEARING ITEMS A. Recommend to the City Commission that the West Settlers Historic District be Established by Ordinance and Listed in the Local Register of Historic Places. B. Variance Request 97-47 708 S.E. 3rd Street, Contributing Single Family Residence, Marina Historic District. Doug Bloss, Emerson Construction, Authorized Agent. Requesting Relief from LDR Section 4.3.4(K) Pertaining to Front Setback Requirements in the Single Family (R-I-AA) Zoning District. C. Variance Request 97-48 19 S. Swinton Avenue, Contributing Single Family Residence, Old School Square Historic District., Roy G. Massa, Authorized Agent. Requesting Relief from LDR Section 4.3.4(K) Pertaining to Side Setback Requirements in the Old School Square Historic Arts District (OSSHAD) Zoning District. HPB Meeting January 22, 1997 Page 2 III. CERTIFICATES OF APPROPRIATENESS A. COA-302 Continuation. 708 S.E. 3rd Street, Contributing Single Family Residence, Marina Historic District. Ronald Bizick, Owner, Doug Bloss, Authorized Agent. Design Elements for New Garage; and Approval for North and West Window Elevations. B. COA-301. 19 South Swinton Avenue, Contributing Family Residence, Old School Square Historic District. Bertha Laurent, Owner, Roy G. Massa, Authorized Agent. Site Plan and Design Elements Associated with the Conversion of a Single Family Residence to a Hair Dressing Salon. C. COA-291 Continuation. 810 - 814 E. Atlantic Avenue, Commercial Buildings, Marina Historic District. Bertram Handelsman, Owner, Digby Bridges, Authorized Agent. Site Plan Modification and Design Elements for 810 E. Atlantic Avenue; and Renovation of Front Facade for 814 W. Atlantic Avenue. IV. REPORTS AND COMMENTS A. Reports from Historic District Representatives B. Board Members C. Staff V. ADJOURN Pat Cayce Historic Preservation Planner POSTED ON: January 16, 1997 file/u/agenda/HPB1-22 MINUTES OF THE HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA PUBLIC HEARING MEETING DATE: JANUARY 22, 1997 LOCATION: FIRST FLOOR CONFERENCE ROOM I. ROLL CALL: The meeting was called to order by the Chairman at 6:00 P.M. Upon roll call it was determined that a quorum was present. MEMBERS PRESENT: Chairman Vaughan, John Johnson, Pat Healy-Golembe (arrived 6:20), Susan Hurlburt, Betty Diggans MEMBERS ABSENT: Vera Farrington, Debora Turner STAFF PRESENT: Pat Cayce, Claire Graham, Diana Mund, David Tolces (City Attorney's Office) II. PUBLIC HEARING ITEMS: A. Recommend to the City Commission that the West Settlers Historic District be Established by Ordinance and Listed on the Local Register of Historic Places. It was moved by Ms. Hurlburt, seconded by Ms. Diggans and passed 4-0 to transmit the nomination to the City Commission and recommend that the West Settlers Historic District be designated by ordinance to the Local Register of Historic Places. At this point on the agenda Ms. Golembe arrived. B. Variance Request 97-47: 708 S.E. 3rd Street; Contributing Single Family Residence; Marina Historic District; Ronald Bizick, Owner; Doug Bloss, Emerson Construction, Authorized Agent. Item Before the Board: The action requested of the Board is that of granting a variance from LDR Section 4.3.4(K) to allow a 29' wide attached garage to be constructed 20' from the front property line where a minimum setback of 30' is required. Howard Zimmerman, 303 S.E. 7th Avenue (neighbor to the west), objected to the variance as he felt it would adversely affect his patio which is located to the rear of his property. The Board considered Mr. Zimmerman's objection but concluded that: as the 10' side setback, which abuts the neighbor's rear property line, was being maintained; and, the neighbor stated that his patio slab was constructed up to his rear property line, the variance would not adversely affect his property. It was moved by Mr. Johnson, seconded by Ms. Golembe and passed 5-0 to approved the variance request to LDR Section 4.3.4(K) to reduce the front setback requirement to 20', based upon positive findings with respect to Section 4.5.1(J)(1)(a),(b),(c) and (d). C. Variance Request 97-48: 19 S. Swinton Avenue; Contributing Single Family Residence; Old School Square Historic District; Bertha Laurent, Owner; Roy Massa, Authorized Agent. Item Before the Board: The action requested of the Board is that of granting a variance from LDR Section 4.3.4(K) to allow a single vehicle carport to be enclosed. The existing carport is located 5'1" from the north side property line where a minimum setback of 7.5' is required. It was moved by Mr. Johnson, seconded by Ms. Golembe and passed 5-0 to approve the variance request to LDR Section 4.3.4(K) to reduce the side setback requirement to 5'1", to allow the existing carport to be enclosed for office/storage space, based upon positive findings with respect to Section 4.5.1(J)(2). III. CERTIFICATES OF APPROPRIATENESS: A. COA 97-302: 708 S.E. 3rd Street; Contributing Single Family Residence; Marina Historic District; Ronald Bizick, Owner; Doug Bloss, Emerson Construction, Authorized Agent. Item Before the Board: The action requested of the Board is that of approving a COA for alterations to an existing residence and new construction of an attached garage. It was moved by Mr. Johnson, seconded by Ms. Golembe and passed 5-0 to approve COA 97-302 for the elevations as presented, based upon positive findings with respect to LDR Section 4.5.1(E), with the following conditions: 1. That the windows are to be clad wood casements; 2. That the garage doors are wood finished and painted to match the front doors; and, 3. The applicant will return for color approval of the tile insert on the north elevation, and for any other decorative elements, not included on the plans, such as change of exterior paint colors. -2- 01/22/97 B. COA 97-301: 19 S. Swinton Avenue; Contributing Single Family Residence; Old School Square Historic District; Bertha Laurent, Owner; Roy Massa, Authorized Agent. Item Before the Board: The action requested of the Board is that of approving a COA for site plan, landscape plan, waivers and design elements associated with the conversion of a residential property to commercial use. The Board reviewed this proposal and declined to take action on the site plan, waivers, landscape plan, and complete COA, as it deemed the project application and elevations incomplete. For example, the original chimney was shown on the elevations and was not designated for demolition on the floor plan, but during the applicant's presentation the Board was told that the fireplace and chimney were to be demolished; and though requested by staff, the elevations for the north facade were not presented. In order to allow the applicant to begin the construction required for the conversion from residential to commercial it was moved by Ms. Golembe, seconded by Ms. Hurlburt and passed 5-0 for the following: 1. Approve the use of Number 24 single hung mill finished aluminum windows for new and replacement windows; 2. Approve a metal door (to be painted), Sun-Dor Style SD-546, for the east elevation of the carport enclosure; and, 3. Approve the issuance of building permits for interior renovations. In addition, the Board requested that the applicant return with plans and elevations which address the following: 1. Recommended that the proposed front (west) entrance door to the enclosed carport be eliminated and be replaced with a window to match the south window; 2. Provide elevations for the east and north facades, indicating proposed windows and door. Revise the west (front) elevations showing the window in the carport enclosure; 3. Provide elevations and indicate the height of the wood fence and gates; 4. Indicate the photometric calculations on the site plan and provide an example of the light fixture design; 5. Revise the site plan to show the 3' landscape buffer and curbing on the south property line, and relocation of the FPL pole to the rear of the property; 6. Indicate the sign location on the site plan; and, 7. Provide a landscape plan prepared by a registered landscape architect, pursuant to LDR Section 2.4.3(M)(1)(c). -3- 01/22/97 C. COA 8-291 Continuation: 810-814 E. Atlantic Avenue; Commercial Buildings; Marina Historic District; Bertram Handelsman, Owner; Digby Bridges, Authorized Agent. Item Before the Board: The action requested of the Board is that of approving a COA for site plan modification and design elements for 810 E. Atlantic Avenue, and renovation of the front facade for 814 E. Atlantic Avenue. 810 E. Atlantic Avenue, Blue Anchor Pub: It was moved by Mr. Johnson, seconded by Ms. Golembe and passed 5-0 to approve COA 8-291 Continuation for the site plan modification for Handelsman Expansion based upon positive findings with respect to Chapter 3 (Performance Standards) and LDR Section 2.4.5(G)(5) and the policies of the Comprehensive Plan, with the following conditions: 1 . Provide a letter from Waste Management indicating the proposed location of the dumpster; and, 2. Provide a traffic statement. It was moved by Ms. Hurlburt, seconded by Ms. Golembe and passed 5-0 to approve COA 8-291 Continuation for the landscape plan for Handelsman Expansion based upon positive findings with respect to LDR Section 4.6.16, as follows: 1 . The brick piers indicated on the plan are to be removed and replaced with a Coco Plum hedge planted in a 1.5' landscape strip along the west facade; and, 2. The outdoor seating is to consist of redwood picnic style tables with attached benches which are to be stained dark brown to match the color of the wood on the facade of the Blue Anchor Pub. 814 E. Atlantic Avenue, Proposed Potters Studio: It was moved by Ms. Hurlburt, seconded by Ms. Golembe and passed 5-0 to approve COA 8-291 Continuation for the architectural elevations for Handelsman Expansion based upon positive findings with respect to LDR Sections 4.5.1 and 4.6.18, as follows: 1. Remove the existing pecky cypress from the east portion of the facade; 2. Remove all existing painted plywood signs; 3. Strip all existing paint from all woodwork and paint the wood; 4. Repair all woodwork, stucco and broken tiles on the eyebrow and parapet; 5. Remove the existing paint from the glass transoms above the central window. Repair the glass as necessary and repaint the glass dark blue (this is necessary as a/c ducts run behind the glass); and, 6. Repair the existing painted stucco and finish with white paint. -4 - 01/22/97 IV. REPORTS AND COMMENTS: A. Reports from Historic District Representatives None B. Board Members Ms. Golembe asked staff to look into the closure of Palm Square. Mr. Vaughan inquired if Susan Cross' house was supposed to have exposed rafter tails. C. Staff Ms. Cayce informed the Board that the current owner of the Kock House, 777 N. Ocean Boulevard, wishes to have it delisted from the Local Register of Historic Places. V. ADJOURNMENT: There being no further business before the Board, Ms. Golembe moved to adjourn the meeting at 8:45 P.M., seconded by Ms. Hurlburt and passed 5-0. The undersigned is the Secretary of the Historic Preservation Board and the information provided herein is the Minutes of the meeting of said body for January 22, 1997, which were formally adopted and approved by the Board on February 5, 1997. /P/, Diana Mund 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. - 5- 01/22/97 Project Name: West Settlers Historic District Designation `<'>< ITEM E R. -E ao.....>..:ommig ommemm >> >mmiii. ...E..'I�[�.IBG1.�1�D The action requested of the Board is that of recommending to the City Commission that the proposed West Settlers Historic District be established by ordinance and listed in the Local Register of Historic Places. This item came to the Board for formal review at its meeting of December 18, 1996. At that time the Public Hearing date was established for January 22, 1997. A majority of the entire Board (4), present and voting, must act in the affirmative to transmit the nomination and the Board's findings to the City Commission. All proper procedures have been followed with respect to notification of the Public Hearing. > 1 E I E :<<:...,TH :: : '< <> `>1 > ;»> > < > imima The proposed district designation has been reviewed and supported by the West Atlantic Avenue Association, the CRA, EPOCH and many of the affected property owners. Any additional comments and comments from the public will be presented at the meeting >'R OMME:::.>:< _:::;.:T;:>.<.::.,4 `>1 111 1 1 1111 € 1' <<` Transmit the nomination to the City Commission and recommend that the West Settlers Historic District be designated by ordinance to the Local Register of Historic Places. file/u/ww/west-sr Meeting Date: January 22, 1997 Agenda Item: II-A WEST SETTLERS HISTORIC DISTRICT DESIGNATION REPORT HISTORIC PRESERVATION BOARD DELRAY BEACH, FLORIDA West Settlers Historic District Designation Report Page 2 DESIGNATION REPORT WEST SETTLERS HISTORIC DISTRICT TABLE OF CONTENTS I. GENERAL INFORMATION II. LOCATION MAP III. DISTRICT INVENTORY IV. ARCHITECTURAL SIGNIFICANCE V. HISTORICAL AND CULTURAL SIGNIFICANCE VI. STATEMENT OF SIGNIFICANCE VII. BIBLIOGRAPHY AND SOURCES Report prepared September 1996 by Vera Farrington, City of Delray Beach Historic Preservation Board and Patricia Cayce, Historic Preservation Planner, City of Delray Beach. -2- West Settlers Historic District Designation Report Page 3 GENERAL INFORMATION Location: The West Settlers Historic District is bounded on the north by Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley running north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street and the east-west alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd Avenue and the alley in Block 43; the east-west alley in Block 36 and Block 28 and the south property line of Lot 13, Block 20. The western boundary is the north-south alley and the eastern 1/2 half of the block south of the alley of Block 19; the north-south alley in the north half of Block 20. Present Zoning: General Commercial (GC); Community Facilities (CF); Residential (R-1-A). Classification for Designation: Cultural and Architectural Significance. • -3- I 41/ MARTIN rmtmmiamaum LUTHER 01 Ns IIII m =10 KING JR! NsImNs BLVD. GO* L�J• AAAc Zit' r L,_I S > VACANT + NC NC NC NC 1973 > 9/B b Q Ji_ri Q Q VACANT r¢ �. NC 1941 m u rf � ° NC VACANT !91 Y Jrr �� �, NC VACANT � N SPADYr0 u ( 1 NC E u'rrj 917 HOUSEr ••••••••••••••••• P. - 9�d — !16 •V••••••• NCB u9J7 •ST. PAUL VACANT . :••�•••❖• : NC VACANT 0 1 9 ••••••••••••••1 y 5 ,r'9r 4 3 N ST. PAULS PARK NG a 4%%%%%i 9 r ��7�97t NC P. LOT 4444+:44 NC %%%%%%i 7r2F.Frfritil. VACANT NC _ :6, NC VACANT •••••••••O••O• § NC 9� a V NC NC 1., VACANT I-I— U_r- = FirrT�Fljj Ct C CO l901 d- r�rr rrr r n z /A: . a NC NC �9� Jri. VACANT 8 NC 401 r_' _�a rms r m us N.W. 1ST ST. r MASONIC<�iiiiiiiii FF�� OO(�''����� I NC a •• LODGE %%%%%%�%%••• �A•AA4.4.•H••••••••••••••Y , :••••••MT. OLIVE CHURCH•••• VACANT NC "' i •••••:•M "'• I •VACANT Z•••• A VACANT 2 0 • • •• •„•., 4/.92,Frr rr' ri 3 6 z TENNIS VACANT l4� J920 �,�� STADIUM � MT. OUVE :+ ,945i j5 n , or.f�/4 PARKING LOT "- -rJ- rr' ' I I r �rf r Zi NC NC N I NC N FIRE I VACANT STATION VACANT NC 116-111HIFIEVIIINANNIM-1111 NI NO. 1 ATLANTIC AVENUE POLICE COMPLEX SOUTH COUNTY COURTHOUSE FT. 400 SCALE ' WEST SETTLERS HISTORIC DISTRICT N LEGEND: 100 - HOUSE NUMBER NC - NON CONTRIBUTING 1.900 - YEAR CONSTRUCTED STRUCTURE PLANNING DEPARTMENT 3 0 e.KOi`%.000:W -r' CITY OF DELRAY BEACH, FL OCTO9ER 1995 BLOCK NUMBER HISTORIC SITE CONTRIBUTING HISTORIC DISTRICT (NON CONTRIBUTING STRUCTURE) STRUCTURE BOUNDARY -- DIGITAL BASE MAP SYSTEM -- MAP REF: LMA16 West Settlers Historic District Designation Report Page 5 III. DISTRICT INVENTORY The West Settlers Historic District is comprised of: • Contributing Buildings 23 • Non-contributing Buildings 30 • Total Structures 53 The Contributing Building were constructed in: • 1900 - 1909 2 • 1910 - 1919 3 • 1920 - 1929 8 • 1930 - 1939 1 • 1940 - 1947 9 The Contributing Buildings represent the following architectural styles • Mission Revival 1 • Bungalow 1 • Vernacular 18 • Commercial Art Moderne 1 • Commercial Vernacular 2 Two of the contributing buildings in the district are listed in the Local Register of Historic Places: 1. The Solomon D. Spady House, 170 N.W. 5th Avenue (Block 19, Lots 5, 6 and part of 7) 2. The Susan Williams House, 30 N.W. 3rd Avenue (Block 36, Lots 5 and 6) Three of the noncontributing buildings are listed in the Local Register of Historic Places as historic sites to commemorate the fact that, though the original buildings no longer exist, the institutions have remained on their -5- West Settlers Historic District Designation Report Page 6 original sites. A small park, the site of the first school, is also designated to the Local Register. The historic sites are as follows: 1. The Greater Mt. Olive Baptist Church was founded in 1896. The original building, which was enlarged several times, no longer exists. However, the present noncontributing building is located on the original site; 40 N.W. 4th Avenue. (Block 28, Lot 2). 2. St. Paul African Methodist Episcopal Church (established as Mt. Tabor in 1897) was organized in 1899, the first church was constructed on the site in 1911. Largely demolished by the 1928 hurricane, the building has been remodeled to its present noncontributing condition and is located on the original site, 119 N.W. 5th Avenue (Block 27, Lot 5). 3. The Free.and Accepted Masonic Lodge 275 was established in 1899. The original building was constructed in 1904. The present noncontributing building is located on the Lodge's original site, 85 N.W. 5th Avenue, (Block 28, Lot 1) 4. A small park, which is a locally designated historic site, is located on the east side of N.W. 5th Avenue between West Atlantic Avenue and N.W. 1st Street. The park commemorates the site of School No. 4 Delray Colored which was accredited by the Dade County School Board (Palm Beach County was part of Dade County until 1909) in 1895, and is named for its first two teachers, B.F. James and Frances Bright. The school, which was originally a thatched pavilion but by 1913 had become a substantial wood frame structure, was demolished in 1947 when a new building was built on the site of the Spady elementary school. • -6- West Settlers Historic District • Designation Report Page 7 IV. ARCHITECTURAL SIGNIFICANCE As described in the district inventory, there is one house constructed in the bungalow style; one in the Mission Revival; and one commercial building constructed in the Art Moderne style. The balance of the vernacular buildings are characteristic of the construction in the early years of• the City's African-American community. Usually of frame construction on a pier foundation, the majority of the buildings have wood siding and a composition shingle roof. A number of the original vernacular structures were altered to incorporate elements of the bungalow style, popular in the 1920s and 30s and elements of the Florida Ranch style of the 1950s and 60s. - Many of the district's early vernacular buildings follow a linear arrangement of rooms and doors from the front porch to the back door. There is no hallway in this type of construction, the rooms open from one to the next and culminate at the back porch or stoop. In northern Florida as well as other parts of the south this type of construction had the front and rear doors to one side of the building and is referred to as a "shotgun house". However, the Delray version of this linear construction generally has the front and back doors centered in the front and rear facades. It is possible that this center door configuration took its inspiration from northern Florida and Georgia log cabins which usually had the door centered on the front elevation. Most of the early houses had a small fireplace for heating. The cook stove and kitchen were in the rear room or in a partially enclosed rear porch. The fact that so many of these modest vernacular buildings survived the vicissitudes of weather and time are a testimony and tribute to the integrity of their builders. The following is a brief biography of two of the earliest builders in the African-American community: Isaiah Bruin Isaiah Bruin was born in Quincy, Florida, a small town northwest of Tallahassee. He migrated to Delray in 1909 and established himself as a carpenter and builder. Shortly after his arrival he married Martha Goldwire, also from Quincy. The Bruins had one child, a daughter named Letha. Mr. Bruin was a founder and Deacon of the Primitive Baptist Church which was established in 1914. When construction on the church began in 1920, Mr. Bruin was called upon to complete all of the woodworking in the building. A grandson, Raleigh Harris and grand daughter, Lillie Terry still reside in Delray. It is interesting to note that, Mr. Harris's son, Reginald Harris, the great grandson of Isaiah Bruin, is an architect practicing in Lantana. -7- West Settlers Historic District • Designation Report Page 8 Examples of Bruin's buildings can be found throughout the African- community. Buildings in the district are as follows: • 52 N.W. 3rd Avenue, Primitive Baptist Church. • 30 N.W. 3rd Avenue, The Susan Williams House, listed in the Local Register of Historic places. • 125 N.W. 3rd Avenue, The Nelson House. • 36 N.W. 4th Avenue, moved to present site; formerly the Mt. Olive Parsonage. • N.W. 4th Avenue, The Ola Strainge House • William Robinson Born in 1879 in Yemasse, South Carolina, a small community northwest of Beaufort, William Robinson migrated to Delray in 1901. As a young man of twenty two, he started work as a share cropper but was soon able to buy a horse and wagon and a plot of land at the northeast corner of N.W. 1st Street and N.W. 4th Avenue. He began construction on his residence, 317 N.W. 1st Street, in 1902 and by 1904 he had completed three rooms surrounded on two sides by a large porch. A short time later he returned to south Carolina where he married his childhood sweetheart, Essie Mordecai, who accompanied him to Delray and the new house which was waiting for her. He continued to farm, buying land to the west of town. Meanwhile, during the non-farming season, and as his knowledge of construction increased, he was asked to build houses for his neighbors. As the Robinson family increased, they were to have eight children all of whom were born in the house, Will Robinson continued to enlarge the original homestead. It was one of the first houses in the community to have electricity and running water, and later a telephone. In the early .1920s a large room on the southwest corner of the building was remodeled and enlarged to accommodate a grocery store which was run by Essie and Will. As grocery stores became more numerous in the community, the Robinsons converted it into a dry goods store which was operated by George Coleman who became the first black mortician in Delray Beach. The house was a social focal point of the community. It was of such sturdy construction that it was designated an official hurricane shelter by the Red Cross. The Red Cross supplied cots, blankets and food and the hurricane victims were given shelter until they could return to their homes. -8- West Settlers Historic District Designation Report Page 9 As the Robinson farm production became more prolific he constructed a packing house on his property in 1916. The packing house, which was remodeled into a dwelling, still stands at 315 N.W. 1st Street. William and Essie Robinson were active and respected leaders in the community. William served on the Board of Trustees of Mt. Olive Missionary Baptist Church for most of his life and was active on its building committee, his name is on the cornerstone of the church building. V. HISTORICAL AND CULTURAL SIGNIFICANCE In 1894 William Linton came to the area of what is now Defray Beach and purchased 160 acres of untamed Florida wilderness from Captain George Gleason. Shortly after his purchase Linton, returned to his home in Saginaw, Michigan hoping to entice a group to follow him to Florida, purchase land from him, and start a new town which he modestly named Town of Linton. That same year a small group of black families from the Panhandle of Florida arrived in the area, purchased land from Henry Flagler's Model Land Company and settled west of the acreage bought by Linton. Led by_Fagen Henry.and his wife Jane, these pioneering black families persuaded other relatives and friends to join them in their homesteading efforts. Linton returned the following year leading a small party of white settlers to begin a new life in the wilderness. On arrival in 1895 they found that the black families had not only harvested a winter crop, but had petitioned the County School Board to establish a school for their children. It is interesting to note that following the Civil war and after the end .of Reconstruction in 1877 many railroads, extending into unpopulated areas, encouraged African-Americans to purchase land and found settlements along their rights-of way which often extended several miles on either side. Undoubtedly, Fagen Henry and his early group were familiar with the practice and were aware that land could be bought from Flagler's Model Land Company. They must have also been aware of the "land set aside" program that the Model Land Company gave for cultural and religious organization, as the deed for the land for Mt. Olive church states that the property was purchased from the company for$1.25. As the small settlement grew, African-Americans came to the area from north and west Florida as well as from Georgia and South Carolina. They were drawn to the settlement for several reasons; the opportunity to purchase land and to farm the winter vegetables which produced cash crops to enhance their small subsistence home plots was one incentive. The other incentive to migrating to the area was that the black families could take advantage of the employment opportunities created by the rapidly expanding white community to the east. • -9- West Settlers Historic District • Designation Report Page 10 Education and religion were the two most important institutions in the early days of the neighborhood. The school, three churches and the Masonic Lodge were all established within the West Settlers Historic District between 1895 and 1920. It is important to note that though many of the descendants of the neighborhood have moved away from the immediate area, they support the religious institutions of their youth. The churches within the historic district continue to grow in membership, supported by those who reside in the neighborhood and by those who have left but feel cultural and religious ties to the established institutions. Mt. Olive has recently completed an extensive addition and St. Paul AME has approved plans for a sizable expansion. This personal and financial commitment reinforces the historic and cultural significance of the historic district. In addition to the formal religious and cultural institutions, the district was a center of residential and commercial activity. A few examples the latter are noted below as a nostalgic reminder of the district's past. • The La France Hotel, built in 1947 to accommodate African- American musicians and entertainers, was the only hotel in the in the segregated City to receive black guests. • Edmond's Barber Shop, has been in the same location for many years, though the original building was torn down. • Tressie's Beauty Shop, located in a 1947. building on N.W. 3rd Avenue, has been a neighborhood fixture for many years. • A croquet court, which was the scene of lively competition between nearby towns, and is now part of Mt. Olive's parking lot, is remembered by many residents. • Many of the African-American community leaders lived or owned property within the district. Solomon David "Prof" Spady and his wife Jessie lived until retirement on N.W. 5th Avenue. Althea Blakley, whose teaching career spanned 40 years, also lived on N.W. 5th Avenue. Will and Essie Robinson, Fagen Henry, the Green family and many others were residents and landowners of the district. VI. STATEMENT OF SIGNIFICANCE This district should be assessed for its historical significance which perhaps weighs more heavily that its architectural importance. Many of the structures rank low in the history of architectural achievement, 4G West Settlers Historic District Designation Report Page 11 however the district has a high threshold of historical significance. It tells an important story of life in the early African-American community. If we are to tell the history of our community we must recognize that historic areas are as important as structures. Work, domestic, religious and social life, the cultural foundations of the neighborhood, are an integral part of this district's history. It is important to recognize the part that segregation of the races played in the development, both physically and culturally, in the history of this neighborhood and of the City as a whole. The district is significant for its association with the pioneering African- American families who helped to settle the City. Despite racial segregation, their commitment to the success of the City was remarkable and deserves recognition. For example in the first election held after the Town of Delray was incorporated in 1911, a prominent land owner and African-American, George H. Green ran for the City Commission, and though defeated, garnered 16 votes out of total of 56 votes cast. Many of the early dwellings in the district have been demolished by neglect, by disinterested owners, or by the City itself. To insure that this neighborhood remains in tact for future generations and to help them understand and take pride in the achievement of these early pioneers, it is essential to preserve the structures of the area. It is appropriate that this neighborhood be listed in the Local Register of Historic Places for it is worthy of the protection and special consideration afforded by that designation. Criteria for Designation To qualify as an historic district the properties must fulfill one or more of the criteria set forth in Section 4.5.1(B)(2) or (3) The proposed district more than meets the criteria for designation and fulfills the qualifications as follows: 4.5.1(B)(2) Historical or Cultural Significance (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history. (e) Is associated in a significant way with a past or continuing institution which has contributed substantially to the life of the City. 4.5.1(B)(3) Architectural or Aesthetic Significance (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles. 41- West Settlers Historic District Designation Report Page 12 (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction. 42. West Settlers Historic District Designation Report Page 13 IV. BIBLIOGRAPHY AND SOURCES City Building Cards City Building Permit Records Palm Beach County NAL File Sanborn Fire Insurance Maps, 1922-1926-1949 Voters Registration, Town of Delray, 1911 Minutes of the Town of Delray Council, September 4, 1911 Oral History: Alice Muse McCray, 1995 and 1996 Essie Robinson, 1995 and 1996 Michael Zimny, Florida Heritage Magazine, Spring 1996, Tallahassee. Zoral. Publication of the Orlando Sentinel Communications Company, Orlando 1991 Lauther, Olive Chapman, The Lonesome Road, Center Printing Co., Miami 1963 Connection: African-American History and CRM, CRM (US Cultural Resources Management) Volume 19 November 2 1995 U/cayce/westset 43 • iiiiiii?i?i:Shiii::•.:.......::i:::i::::::i::i::i::i::i::i: Project Name: Variance Request 97-47, associated with COA-302 Project Location: 708 S.E. 3rd Avenue, Part of Lots 1 and 2 in Block 128 :.;;::.;;::.::.;:.;:.;:.;:.;:.;:.:;.;:.::.>:«:»»::»:::;:>::»::::>::»»>:::::::: `< ITEM<' ,..,.,:<:,:.<::." :>;::.::.:.:.:: .:.:O».:, ::,:.:>:€ `Bill >'>< `litlli IIII ' .>:::.::::::...::..::::...:::::: ......:...::.:::..::....::.::.::.::..:::: E t..tRE.. IE.Bt ARi3.. • The action requested of the Board is that of granting a variance from LDR Section 4.3.4(K) to allow a 29' wide attached garage to be constructed 20' from the front property line where a minimum setback of 30' is required. This project came to the Board at its meeting of January 8, 1997. The initial proposal was to convert the existing .attached garage, which is setback 15' from the front property line, into living space and to construct a new garage to the west which would conform to the 30' setback requirements. After discussion it was determined that the applicant wished to apply for a variance to locate the new garage 20' from the front property line. The Board concurred with the applicant and felt that by relocating the garage further to the north the original courtyard and guest house would be more appropriately preserved. Additionally, all three of the arches on the west loggia would be allowed to remain if the garage were repositioned. The Board recommended that the applicant formally apply for a variance to the front setback. The proposed garage will be set back 20' from the front property line and attached to the west side of the existing residence. It will extend 29' west of the west wall and will be 20' in depth. The west side setback is maintained at the required 10'. The garage walls and roof will be finished to match the existing residence. When staff first reviewed this project we felt that a variance should be requested to allow the new garage to be located further to the north (front) as the existing historic guest house and associated courtyard would be adversely affected by the garage as proposed within the setbacks. The applicant agreed with staff but felt that he would prefer to get the Board's opinion before proceeding with the Meeting Date: January 22, 1997 Agenda Item: III-C its HPB Staff Report - • Variance Request 97-47 Page 2 formal request. Thus the variance request was not part of the original proposal and is now before the Board. In addition to retaining the original courtyard, the variance will allow the three arched loggia on the west elevation to remain intact, and though the loggia was probably part of the 1954 renovation, it adds character to the residence. Pursuant to Section 4.5.1(J) Historic Preservation Board to Act on Variances; when the Board acts on variance requests it is guided by the following criteria. That a variance is necessary to maintain the historic character of the property through demonstrating that: (a) A variance Would not be contrary to the public interest, safety or welfare. Allowing the garage to be constructed 20' from the front property line will not affect public interest, safety or welfare. (b) Special conditions and circumstances exist, because of the historic setting and nature of the location which are not applicable to other lands, in the same zoning district, which have not been designated historic sites nor listed on the local Register of Historic Places. Many of the setbacks throughout the Marina Historic District are nonconforming; the subject property has a 30' portion of the north wall which is constructed only 14.75' from the front property line. To construct the garage 20' from the front property line will keep the massing of the front plane consistent to the rest of the facade. (c) Literal interpretation of the existing ordinance would alter the character of the historic site to such an extent that it would not be feasible to preserve the historic character of the site. The character of the original guest house and courtyard would be adversely affected if the required setbacks were adhered to. A 30' setback would decidedly alter the character of the historic site. (d) The variance is the minimum necessary to preserve the historic character of the historic site. Meeting Date: January 22, 1997 Agenda Item: II-B HPB Staff Report Variance Request 97-47 Page 3 This request is the minimum necessary to construct the garage and maintain the spatial relationship of the guest house and courtyard. 1. Deny.the variance to Section 4.3.4(K) to reduce the front setback requirement based upon a failure to make positive findings with respect to Section 4.5.1(J)(1). 2. Approve the variance to Section 4.3.4(K) to reduce the front setback requirement based upon positive findings with respect to Section 4.5.1(J)(1)((a)(b)(c) and (d). 1. Approve the variance to Section 4.3.4(K) to reduce the front setback requirement to 20 feet, based upon positive findings with respect to Section 4.5.1(J)(1)(a)(b)(c) and (d). file/var-47sr Meeting Date: January 22, 1997 Agenda Item: II-B HPB Staff Report Variance Request 97-47 Page 4 s> The subject property is located in the Marina Historic District, and is legally ' If described as follows: e. A part of Lots 1 and 2 in Block 128 in Blank-Nichols Subdivision, in the - City of Delray Beach (formerly Town of Linton), Florida, according to the Plat thereof recorded in Plat Book 13, page 28, of the Public Records of Palm Beach County, Florida, bounded and described as follows: Commencing at the northeast corner of said Lot 1, running thence west along the north line of said Lot 1 a distance of 132 feet; thence south along a line that is parallel with the west line of said Block 128 a distance of 100 feet to the south line of said Lot 2, thence east along the south line of said Lot 2 to the southeast corner of said lot 2; thence northerly along the easterly line of said Lots 1 and 2, a distance of 100.88 feet to the point of beginning. - .' �.'. __ i 5 /8 • 4i° 8 to • 4i = /5 /o • - /B 1 1;3 1 1 1g _ • Q :� • 9 /.9 = (6• 9 /9 • h /4 // =R q /7 `- /a h 1 5 14 - /O • 20 ` /0 20 ~ .fl /3 /2 - -. /6 /5 • It wa..• toy:. '?. 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Sec 'on/6if' cv�.rs• �� 1 . 4 T17 - — •7— ,�a- __ _ ) (-i 1---)C• / 1 ( fS ''`'• Sect on 2/ 1 -- -- ASC,�A Rff f, . - DF/ RAY RFA(;H ,4T/ ,4 S ROBERT E. OWEN & ASSOCIATES, INC. is i Project Name: Variance Request 97-48, associated with COA-301 Project Location: 19 South Swinton Avenue; Lot 9, Block 69 • The action requested of the Board is that of granting a variance from LDR Section 4.3.4(K)•to allow a single vehicle carport to be enclosed. The existing carport is located 5'1" from the north side property line where a minimum setback of 7.5' is required. This variance request is associated with the conversion of a contributing single family residence for use as a hair dressing salon. The enclosed carport will be used for office and storage space. The property is located in the Old School - Square Historic District. ............................:::::::::::: :::::::...... RII Tl.O ;;:.:.;:.::.;:.::.;;::.;::.;:. The enclosed carport will be stucccoed and painted to match the residence. Wood entry doors will be located on the front and rear elevations; two windows will be installed on the north elevation. The enclosure will create additional space for the proposed commercial use. In order to follow the intent of adaptive reuse for buildings in the OSSHAD zoning district, it is appropriate to grant the variance to enclose the carport. The property adjacent to the north is vacant but a proposal to construct a new office building on the site has been approved by the HPB and is currently in the permitting process. Thus the carport enclosure will have little impact on the property most directly affected. • Meeting Date: January 22, 1997 Agenda Item: II-C HPB Staff Report • Variance Request 97-48 Page 2 Pursuant to Section 4.5.1(J)(2), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within an Historic District or upon an Historic site through demonstrating that: (a) A variance would not be contrary to the public interest, safety or welfare. Allowing the carport to be enclosed will not affect public interest, safety or welfare, as the basic structure is already in place and the most directly affected neighbor will be a commercial structure. (b) The variance would not significantly diminish the historic character of the Historic district or site. The OSSHAD zoning district is unique to the Old School Square Historic District. The intent of the zoning district is to encourage mixed use and adaptive reuse of historic structures. The variance will allow the carport to become usable space and will encourage reuse of the building, as such it will not diminish the character of the site or district. (c) The variance is the minimum necessary to effect the adaptive reuse of an existing structure or site. This request is the minimum necessary allow an additional 210 s.f to be utilized in order to make a small residence viable as commercial space. 1. Deny the variance to Section 4.3.4(K) to reduce the side setback requirement based upon a failure to make positive findings with respect to Section 4.5.1(J)(2). 2. Approve the variance to Section 4.3.4(K) to reduce the side setback requirement based upon positive findings with respect to Section 4.5.1(J)(2). • Meeting Date: January 22, 1997 Agenda Item: II-B HPB Staff Report Variance Request 97-48 Page 3 ::;>:::«:::::::»::::::>::::>::>:::::::::::<:>:>:::::::>::>::>::::»:::::::::>:>;:::::»»:>:<><:::<:: 1. Approve the variance to Section 4.3.4(K) to reduce the side setback requirement to 5.'1" feet, based upon positive findings with respect to Section 4.5.1(J)(2). file/u/ww/var-48sr • • • • Meeting Date: January 22, 1997 Agenda Item: II-B _ :4- l2 iii:. /2 6 12 PUBLIC 5 /3s'n n /3s.II 113114 111 1l" SCHOOL 40$ • __z 13131 /41 /5 16J /5116 I /3 /4 15 6 17 18 „Intl so 7 6 5..IA ^ 1 33 278. 47.7•- - 471 - s 603 321377i i - •. • ATLANTIC -z �^ 3S M 33 46j 4*'433 - - - - 4m s'•Sz7 417 91,36' 4S•S>4 - AI / 2 3 4 / 2 3 4 $6 s a 3 2 /o $/ 2 3 4 5 6 -#--,2 0 8 o ;-/ . v $ a a eS 1.„,• 7, 71 71,1. 1,11. • - GI.I' .`AZ K•• •• /D/ IDS' sc..W l,+90' S'o. f'- cr �;ea, rY �p. '5 %/ ' trim iffil l3 a 3`' /9 S. s yjo/ )-!•! Mi ,8,61�� ` 8 ; . 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E..'5 16 2 ND a 4e (/N6RAHAMJ • S. w • - . .. . 476 rt /s[6• /3c6' 33•1•� /4z' 9. /31r a4O'Sd " " 50' 61.2• 30 • •13* - 43'� .1 4 � 21 I � µ31t54 3 2 1 / 234tIms 265 4 3 2 /; h p o e ,S. h /2 ._ t e W 6 23 • 7'�D � '16 /8 a / 4 /4 8 • 7 . 22 Lt.; 6 /6 4 4 � 6 � 15 8a°' 2/ 6 . 9T920Q8 /8t . I19 v x 17 . l0 20 $ • 8 • // M 20 = = /4 25 _ 8 • 11 ° 18 • 12 2/ 13 6�: . 18 , 1- /1 21 . 1� .9 • 12 m 17 12 22 1• /3 22_ /2 7 9 l y n •, 23 = ` /1 8 20 a !3 16 l� 13 23 / h to h i /16. b° " /3s' /43• o- CO. 3o /4 24 I'12 v 4° �• 24• � b . . ..... 1._t----i c a 3331.. 13s- I 1777=14taiL t.a. re9N 1 n I`3 /3 s I f /nl-t I I '. ... . • •.: . HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: January 22, 1997 AGENDA ITEM: IILB. ITEM: Site Plan Approval to convert a portion of an existing residential structure into a hair salon, located at on the east side of Swinton Avenue, south of Atlantic Avenue (19 S. Swinton Avenue). J I I I I Ti i uL n I l l Lil___I Lu Lei . dd u-d L N.W. 1ST 1ST J w _ COMMUNITY > - - - CENTER ¢ _ _ =4 FlRE 4 4 -, =-'rj-H Y -N u u STATION n Y 3 -'; ; TENNIS ; OW SCHOOL .- v'f( W �'n i` i�z z NO. CI I = z III"IIIIII z STADIUM I I I l SQUARE zl III I Z""111�zF ATLANTIC ( ( AVENUE ������ Pouc£ SOUTH J ! 1 1111 C_ �� 1 ��i COMPLEX COUNTY SH �� -� -<__<_ < - _ �= HOUSE Mira II •• < ►I— — —. — ' b MI I Mai i.K 1I�_Y- -.,- b MI �A .. _ _= - - — ! ......._ __x N N __N 3 No .1.Z_niN _� W— tl S.W. 1ST S7. S.E. 1ST 5T. '— ,in— nn Fin r i ► ► n n �In"( PP (7n RF11 " BUD'S F GENERAL DATA: Owner/Applicant Bertha Laurent Agent Roy Massa Location East side of S. Swinton Avenue, south of Atlantic Avenue Property Size 0.15 Acre Future Land Use Map Mixed Use Current Zoning OSSHAD (Old School Square Historic Arts District) Adjacent Zoning North: OSSHAD East: OSSHAD South: OSSHAD West: OSSHAD Existing Land Use Existing single family residence with associated parking and landscaping. Proposed Land Use Conversion of a 1,092 sq. ft. portion of an existing 1,519 sq. ft. structure to a hair salon, carport enclosure, interior renovations, removal of existing front driveway and installation of 4 (four) paver parking spaces, and associated landscaping. Water Service Existing on site. Sewer Service Existing on site. III.B. ITEM:BEFORE THE.B >:: The item before the Board is consideration of COA 8-301, which incorporates the following aspects of the development proposal for Images Hair Design (19 S. Swinton Avenue): ❑ Site Plan ❑ Landscape Plan ❑ Architectural Elevations ❑ Waivers to the following LDR Section: LDR Section 4.6.16(H)(3)(d) - A request to waive a requirement to provide a 5' landscape strip along the north property line for approximately 63'. • LDR Section 4.6.16(H)(3)(d) - A request to waive a requirement to provide a 5' landscape strip along the south property line for approximately 29' to a minimum of 3'. The subject property is located on the east side of S. Swinton Avenue, south of Atlantic Avenue. The subject property consists of Lot 9, Block 69, Town of Delray and the site is located in the OSSHAD (Old School Square Historic Arts District) zoning district. The single family, mid-century vernacular residence was constructed in 1940. The structure is of reinforced masonry and wood construction on a concrete foundation. The roof is asphalt shingle and aluminum awning windows have replaced the original wood frame. PROJECT DESC�IPT��N The development proposal is the conversion of the existing residential structure into a hair salon . The following improvements are proposed: ❑ Conversion of an 878 sq. ft. portion of the existing 1,519 sq. ft. structure to a hair salon; ❑ Enclosure of the 214 sq. ft. carport to be utilized for the hair salon (total 1,092 sq. ft.); ❑ Interior renovations; HPB Staff Report Images Hair Design Site Plan Page 2 ❑ Removal of the existing front driveway and replacement with sod and a sidewalk, and installation of a paver brick parking area consisting of four parking spaces adjacent to the alley (eastern property line); ❑ Installation of a paver walkway system; ❑ Installation of associated landscaping and swale areas. SITE PLAN ANALYSIS COMPLIANCE WITH 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. Parking Requirement The proposed conversion will result in a total of 1,092 square feet of commercial space. Per LDR Section 4.4.24(F)(4)(a), the parking requirement for non-residential uses may be reduced to one parking space per 400 sq. ft. of total area, or by at least one space, where there is a mix of residential and non-residential use in the same structure. Per 4.4.24(G)(6), a one-time reduction of one parking space is permitted. A total of 2.7 parking spaces are required for the beauty salon, and 1.5 parking spaces are required for the residential (one bedroom) area, for a total of 4.2 spaces, or 5 spaces. The applicant has proposed a total of 4 spaces, including 1 handicap. With the reduction of one space a total of 4 spaces are required. Thus, the parking requirement for this project is met. In reviewing the floorplan for the project, it is noted the existing storage area has the potential to be convertible to a living area. Occupation of the storage area as a separate dwelling is not allowed without provision of additional parking Parking Area A revised site plan was submitted on January 15, 1997. The plan indicates brick pavers are proposed for the parking area. The plan was revised to relocate the southernmost parking space along the south property line in order to avoid a conflict with an existing FPL pole. The City Engineer has reviewed the revised plan and has indicated the current design is unacceptable as it creates a potential hazard for customers utilizing the two south parking spaces. The pole must be relocated to remove this hazard. With the pole relocation the southernmost parking space must be relocated northward which will allow 3' of the required 5' landscaping to be provided on the property line. Relocation of the pole and reconfiguration of the parking lot is attached as a condition of approval. HPB Staff Report Images Hair Design Site Plan Page 3 Open Space Pursuant to Section 4.3.4(K) (Development Matrix), within the OSSHAD zone district, 25% non-vehicular open space is required. The proposed project provides for 43.4% open space, which exceeds the requirement. Site Lighting Low voltage walkway lighting is proposed in front of the building, and exterior lighting • fixtures including a light fixture mounted at roof height and flood lights are proposed on the side and at the rear of the building. Paver Walkway Paver walkways are proposed in front, side and rear of the structure. The paver system will consist of 2 3/8" thick brick placed on a 2" compacted sand and 6" compacted limerock base. Roll Out Cart and Air Conditioner A roll out•cart and air conditioner are proposed along the south side of the building, • and will be screened by. a new wood fence with gates and a Ficus hedge. The landscape plan does not indicate the height of the fence, and elevations depicting the • fence and gates have not been provided. As a condition of approval elevations of the proposed fence including height must be provided. Also, as a condition of approval, a letter from Waste Management indicating that a roll out car is acceptable for this use must be provided. The applicant submitted a revised landscape plan for the site. The landscape plan indicates 2 proposed Yellow Tabebua trees in the front yard, 2 Mahogany trees in the rear, and Queen Palm trees in front of, and behind, the proposed carport enclosure. Cocoplum hedging is proposed as a foundation planting in the front and rear of the building. Daylilys are proposed on the north side, adjacent the carport enclosure, and Ficus Benjamina is proposed on the.south side to screen the proposed air conditioner and roll out trash container. The balance of the landscape areas are to be sodded with St. Autustine Floratam. - The applicant has submitted a letter requesting a waiver from the landscape requirement along the north and south property lines adjacent the parking spaces and the paver walkway to the north of the building.The applicant has also stated the north property line abuts an existing planting buffer, and that a new Ficus hedge with HPB Staff Report r. Images Hair Design Site Plan Page 4 Mahogany trees every 30 feet is proposed in conjunction with the proposed office building to the north. The City Horticulturist has no objection to the 5' landscape area waiver along the north property line, but does not support a complete waiver along the south property line. The City Horticulturist supports a partial waiver, or a reduction from 5' to 3' which can be accommodated with the relocation of the pole and parking space northward. The building addition will be painted white to match the existing color. A new 3' x 6' 8" entry door is proposed, and the front 30" x 50 '/2" window will be relocated and a 30" x 50 '/Z window will be added to create a 60" window opening. One window on the north elevation to the rear of the carport will be blocked in and stuccoed to match the house. The landscape plan indicates a wood fence with gate will screen the roll out cart and air conditioner conduit, however, no elevations showing the fence and gate were provided. The site plan indicates the new wood fence is to be located at the southwest corner of the building, and the paving/drainage plan and landscape plan indicate the new wood fence is to be located around the roll out cart and air condition conduit. As a condition of approval all of the plans must be consistent with respect to the location of the wood fence. Further, elevations showing the wood fence and gate must be provided as a condition of approval. :. HER IT,; IVIS Sign A proposed sign location is not noted on the site plan. If an exterior sign is desired its • location must be shown. This is attached as a condition of approval. Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report, or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: Section 3.1.1(A) - Future Land Use Map: The subject property has a Future Land Use Map Designation of Commercial Core and a zoning designation of OSSHAD (Old School Square Historic Arts District). HPB Staff Report Images Hair Design Site Plan Page 5 Pursuant to Section 4.4.24(B)(7), a beauty salon is a permitted use within the OSSHAD zoning district. The OSSHAD zoning district is consistent with the Commercial Core Future Land Use Map Designation. Based upon the above, a positive finding can be made. Section 3.1.1 (B) - Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, drainage, parks and recreation, open space, and solid waste. A discussion on traffic as it pertains to concurrency is provided below. Traffic At its meeting of December 5, 1995, the City Commission adopted the City's TCEA (Traffic Concurrency Exemption Area) designation, which encompasses the CBD, OSSHAD (Old School Square Historic Arts District) and the West Atlantic Avenue Business Corridor. The TCEA exempts the above described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes, however, a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. Provision of a traffic statement is attached as a condition of approval. Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) -Compliance with the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with .the LDRs can be made, provided the conditions of approval are addressed. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy is noted. Land Use Element Policy C-3.3 - Alleys located within the Old School Square Historic District on either side of Swinton Avenue shall remain and be made available for access to abutting properties. Accordingly, these alleys shall not be abandoned to private interests. HPB Staff Report • Images Hair Design Site Plan Page 6 Use of the alleys for access and parking is encouraged for redevelopment of properties within the Old School Square Historic Arts District. This conversion to a beauty salon proposes parking adjacent the north/south alleyway within this block (Block 69). Section 2.4.5(F)(5) (Site Plan Findings): Pursuant to Section 2.4.5(F)(5) (Findings), in addition to provisions of Chapter Three, the approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with the adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is surrounded by the OSSHAD (Old School Square Historic Arts District) zoning district. To the north is a vacant lot (proposed office building); south is a historic structure containing a commercial use and residence; to the east is a vacant lot; and to the west is a historic single family residence. Compatibility with the adjacent residences and proposed office is not a major concern as the structure will retain its residential appearance. The proposed beauty salon will be low intensity in nature and is appropriate in a mixed use district. The upgrading of the site will enhance property values in the area, and may be an inducement for the upgrading of nearby properties. REVIEW B OTHERS . Community Redevelopment Agency: At its meeting of January 9, 1997, the Community Redevelopment Agency reviewed the request and recommended approval of the development proposal. Neighborhood Notice: Special Notice was provided to the Old School Square Homeowner's Association. Letters of objection, if any, will be presented at the HPB meeting. ASSESSMENT AND CONCLUSION:>:.:;: The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the- Land Development Regulations. The OSSHAD zone district was created to help foster a mix of government, office, commercial, and residential uses in a single district. The proposed beauty salon is compatible with the surrounding mix of residential, commercial, and office uses and allows a use consistent with the purpose • HPB Staff Report Images Hair Design Site Plan Page 7 of the OSSHAD zone district. The structure will retain its residential character and a portion of the building will remain residential in use. ALTE1 NAT 1. Continue with direction and concurrence. 2. Approve COA 8-301 and the associated site plan and landscape plan and design elements for Images Hair Design subject to conditions. 3. Deny COA 8-301 and the associated site plan and landscape plan and design elements for Images Hair Design with the basis stated. RECOMMEND D A T O A. Waiver 1. Approve a waiver to LDR Section 4.6.16(H)(3)(d) to waive a requirement to provide a 5' landscape strip along the north property line for approximatelyA4': 2. Approve a waiver to LDR Section 4.6.16(H)(3)(d) to the 5' landscape strip along the south property line for approximately 29 to a minimum of 3'. B. Site Plan Approve COA 8-301 for the site plan for the Images Hair Design based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, Section 3.3.3 (Standards for Site Plan Actions), Section 2.4.5(F)(5), and policies of the Comprehensive Plan subject to the following conditions: 1. That a letter from Waste Management indicating that a roll out cart is acceptable for this use must be provided. 2. That the site plan, landscape plan, and paving/drainage plan be consistent with respect to the location of the proposed wood fence. 3. That a traffic statement be provided. 4. That the southernmost parking space be relocated 3' from the south property line. HPB Staff Report Images Hair Design Site Plan Page 8 5. That the power pole along the alley be relocated to eliminate conflicts with the proposed parking. C. Landscape Plan Approve COA-301 for the landscape plan for Images Hair Design based upon positive findings with respect to Section 4.6.16 with the following conditions: 1. That the site plan, landscape plan, paving/drainage plan be consistent with respect to the location of the proposed wood fence. D. Architectural Elevations Approve COA-301 for the design elements for Images Hair Design based upon positive findings with respect to Section 4.5.1 with the following condition: 1. That elevations showing the proposed fence and gate be provided. Attachments: o Location Map o Site Plan o Landscape Plan o Paving/Drainage Plan o Elevations HPB Staff Report Images Hair Design Site Plan Page 9 APPENDIX A CONCURR.ENGYFINDINGS Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the •Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: With respect to water and sewer service, the following is noted: o Water service is provided to the site via a 10" water main located in S. Swinton Avenue. o Sewer service is provided to the site via a 8" sewer main which ig located within the north/south alleyway adjacent to the subject property. o Adequate fire suppression is provided to the site via a fire hydrant which is located approximately 50' north of the subject site, adjacent Swinton Avenue. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to these level of service standards. Drainage: A drainage plan has been submitted indicating that drainage will be accommodated on-site via swale areas in the front and back yards (Swales A, B, and C). Traffic: At its meeting of December 5, 1995, the City Commission adopted the City's TCEA (Traffic Concurrency Exemption Area) designation, which encompasses the CBD, OSSHAD (Old School Square Historic Arts District) and the West Atlantic Avenue Business Corridor. The TCEA exempts the above described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes, however, a traffic statement is required. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. HPB Staff Report Images Hair Design Site Plan Page 10 Solid Waste: Solid waste generation rates are not available for beauty salons. Utilizing store retail generation rates trash generated each year by the proposed beauty salon will be 10.2 pounds per square foot per year or 5.6 tons per year (10.2 lbs per sq. ft. x 1,092 sq. ft.). The existing efficiency generates .8 tons per year, for a total solid waste generation rate of 6.4 tons per year. The previous use (single family residence) generated 1.99 tons per year. The proposal will result in an increase in trash generation, however, it can be easily accommodated by the existing facilities. Thus, there will be no impacts be significant with respect to level of service standards. HPB Staff Report Images Hair Design Site Plan Page 11 APPENDIX B STANDARDS FOR SITE PLAN AC'f IONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable • Meets intent of standard X Does not meet intent B. Appropriate separation of travelways is made for vehicles, bicycles, and pedestrians in a manner consistent with objective D-1 of the Traffic Element. Not applicable Meets intent of standard X Does not meet intent .C. Open Space enhancements described in Open Space and Recreation Objective B-1, are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. That any street widening associated with the development shall not be detrimental upon desired character and cohesiveness of affected residential areas. Not applicable X Meets intent of standard _ Does not meet intent HPB Staff Report Images Hair Design Site Plan Page 12 E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent • F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent G. In order to provide for more balance demographic mix, the development of "large scale adult oriented communities" on the remaining vacant land is discouraged. Not applicable X Meets intent of standard Does not meet intent J I I I I I i t it l l i i i L-I L-i L_] l 1 1 1 I I [JD MARTIN LUTHER KING JR. BLVD. N.E. 2ND ST. _ a■ Id J o CVQ CITY I . —_ �, HALL Z w I- cc I-N za ' v M - z N • - N.W. 1ST ST. N N.E. 1ST ST. — J /1 p- W .rCOMMUNITY D —z z CENTER zw 1.; w z z -z [11 TENNIS > OLD F STADIUM < SCHOOL SQUARE I z ATLANTIC AVENUE POLICE SOUTH I COMPLEX COUNTY - I,; COURT HOUSE -- v,1111111111/ 1-1 11 `>.' //99 :•:•:•:•:•: t--i ll . 0 $,W, 1ST .ST. 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ITEM: Minor Site Plan Modification for a Portion of the Handlesman Property (Blue Anchor Pub & A Proposed Pottery Shop), Located at the Southeast Corner of E. Atlantic Avenue and Palm Square. La_n I I r I I 1 II 1 L I / t IT 1 1 I I I I I I I I LOWRY STREET N.E. 1ST ST. T < , DELRAY \ /`— I a < < PARKVETERANS SUMMIT a \z • ATLANTIC CONDO m.. n PLAZA I ,� N i i YCOND CAMlNO REAL/i-tW W' m HOLIDAYINN 1 I Iz _(III Zlu 1—_Iz TERRACE N Q ATLANTIC AVE,N UE /11 I ITI1111 � Ii nine IIIIII 11it WATERWAY EAS ���� ��II • COMMERCIALS �� ���� o CONDO o ■ �'�� are,Barg�__� AM- 1MIM Cr17 MI M m IMIMINNINII — BARM�/ < HARBOUR - _ ��lin w CONDO MN— INIMMII te,_S.E. 1ST ST. MRAMARST. f�n t l� �� r1!-1 f-- rr — —, • GENERAL DATA: Owner Burton Handelsman Delray Beach Associates, Inc. Agent Digby Bridges Digby Bridges, Marsh and Associates Location Southeast corner of Atlantic Avenue and Palm Square • Property Size 2.4 acres Future Land Use Map Commercial Core Current Zoning CBD (Central Business District) and CF (Community Facilities) Adjacent Zoning North: CBD East: CBD South: RM (Medium Density Residential) West: CBD Existing Land Use Existing commercial structures with associated parking. Proposed Land Use Repaving the sidewalk area adjacent to Palm Square to allow outside tables, addition of a storage area between the Blue • Anchor Pub and the proposed pottery store to the east, dumpster enclosure, and associated landscaping. Water Service Existing on-site. Sewer Service Existing on-site. IILC. • ITEM BEFO E THE '.0 Rf3 The action before the Board is that of approval of COA-291 which incorporates the following aspects of a Minor Site Plan Modification request for the Handelsman Expansion, pursuant to LDR Section 2.4.5(G)(1)(b): ❑ Site Plan; ❑ Landscape Plan; and, ❑ Elevations. The subject property is located at the southeast corner of East Atlantic Avenue and Palm Square, within the Marina Historic District. The subject property contains three commercial buildings (802-840 E. Atlantic Avenue) which includes the Blue Anchor pub, Busch's Restaurant, commercial and office uses and associated parking areas. The modification before the Board is directly related to the Blue Anchor and the retail use to the east, which will house a proposed pottery shop. The subject property has an extensive land use history. The following are the most recent land use actions to occur on the property. At its meeting of May 14, 1991, the City Commission approved a rezoning of the south portion of the property from RM (Medium Density Residential) to CF (Community Facilities). The rezoning was to accommodate a parking lot expansion associated with a deck addition for the Brandy's Waterside Cafe/Canal Street Restaurant (currently Busch's Restaurant). On July 17, 1991, the HPB (Historic Preservation Board) approved site plan modifications for the 30 space parking lot expansion as well as a 1,755 sq.ft. deck addition. On February 19, 1992, the HPB.approved a minor site plan modification to allow construction of a 5' x 150' dock with crosswalks on the intracoastal adjacent the deck expansion. On September 20, 1995, the Historic Preservation Board'approved a minor site plan modification request for Busch's Restaurant to construct an additional 1,844 sq.ft. of dining deck along with installation of paver blocks and landscaping within Marine Way/Canal Street. The proposal also involved a modification to the off-site parking agreement and execution of a license agreement which were subsequently approved by the City Commission on October 13, 1995. The improvements associated with the modification have been installed. HPB Staff Report Handelsman Expansion(Blue Anchor and Pottery Shop)-Minor Site Plan Modification Page 2 On October 16, 1996, the HPB approved a minor site plan modification application to construct a 355 sq.ft. addition to the rear of the existing retail building immediately east of the Blue Anchor Pub. On December 16-, 1996, an application for minor site plan modification approval was submitted to install an outdoor seating area, dumpster area, and enclose a breezeway to create a storage area and is now before the Board for action. ........... The improvements are associated with the Blue Anchor pub and the building directly to the east (the proposed pottery shop), and consist of the following: ❑ Installation of a dumpster area to the rear of Blue Anchor Pub; ❑ Outdoor seating area, including removal of existing concrete sidewalk and installation of pavers to match existing paver sidewalks along Atlantic Avenue; ❑ Creation of additional storage for Blue Anchor by roofing a breezeway between Blue Anchor and the pottery shop to the east; and, ❑ Facade changes for the new pottery store. COMPLIANCE WITH 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. The proposal complies with all applicable Land Development Regulations, • however, the following LDR requirements are discussed in detail below: Parking Pursuant to LDR Section 4.4.13(G)(1)(f), within this portion of the CBD zone district, 1 parking space is required for every 300 sq.ft. of new floor area. With the parking lot and deck expansion in 1991, the site contained 23 spaces over those required. With approval of the 1,844 sq.ft. deck addition on September 20, 1995, 7 of those spaces were utilized towards meeting the parking requirement, leaving 16 excess spaces. With the approval of the 355 sq.ft. building addition on October 16, 1996, 2 of the 16 parking spaces were utilized, leaving an excess of 14 spaces. HPB Staff Report Handelsman Expansion(Blue Anchor and Pottery Shop)-Minor Site Plan Modification Page 3 The expanded seating is located on private property and therefore is considered new use area subject to provision of additional parking. In addition the 165 sq. ft. of storage area resulting from the enclosure of the breezeway also requires additional parking. The two use areas (260 sq. ft. and 165 sq. ft.) require a total of 2 parking spaces. The proposed plan includes installation of a dumpster enclosure resulting in the elimination of one parking space and conversion of 5 regular parking spaces to compact. With the elimination of one space and requirement of 2 a total of 11 excess spaces will remain. • Outdoor Seating Area An outdoor seating area is proposed for the Blue Anchor Pub. The revised site plan -- submitted depicts tables and chairs adjacent Palm Square. Per LDR Section 6.3.3(E)(5), a clear pathway with a minimum width of five feet (5') is required and has been provided. Sidewalk Currently, a concrete sidewalk and grassed swale area are located adjacent the west side of the pub, along Palm Square. In order to accommodate the outdoor seating area, extension of curbing, widening the sidewalk to 11' and replacing the concrete with pavers is proposed. Adjacent the new curbing 12" x 12" brick piers 2' 7" high linked by steel chains to create a nautical effect are proposed. Improvements within the public right-of-way will require City Engineer approval and permits. Dumpster Enclosure Installation of a dumpster behind the Blue Anchor is proposed and is to be screened by a 8' x 8' enclosure of concrete block with stucco finish and gates with Western Red Cedar. A letter from Waste Management indicating that the proposed location of the dumpster is acceptable is attached as a condition of approval. Parking Area In order to accommodate additional landscaping and the dumpster enclosure, 9 parking spaces will be converted from standard to compact. The site plan indicates portions of asphalt will be saw cut to provide an additional parking space to replace one of the two lost with the siting of the dumpster, and grass will be planted at the head of the compact spaces where full size spaces are being converted. HPB Staff Report Handelsman Expansion(Blue Anchor and Pottery Shop)-Minor Site Plan Modification • Page 4 LANDSCAPE PLAN ANALYSIS A 3'. high Cocoplum hedge is proposed around the dumpster enclosure. A new Seagrape hedge and Mahogany tree are proposed along Palm Square adjacent the parking spaces. New Jasmine hedging and a Poinciana tree are proposed behind the pottery shop. Underplantings of Liriope is proposed behind the pub. <:ARCH ITEC.TUgA L .: ::::>:::>:>:>::.>:::: ::»::»::oo >::::<::::<.:>:>::::>::»m Facade changes are proposed for the pottery store and the current Commercial Mission Revival style will be maintained. The front facade will be restored and the existing stucco will be repaired and finished with white paint with brown accents = around the windows and red barrel tile. Storage Area The breezeway located between the pub and the proposed pottery store will be enclosed (for additional storage for the pub) and provided with a new wood door for entrance to the storage area, and facade consistent with the pottery store to the east. Approximately 2/3 of the breezeway will be roofed providing an inset to the facade along Atlantic Avenue. Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan, Consistency, and Compliance with the Land Development Regulations. With the site plan modification approval of 1991 for Brandy's Waterside Cafe/Canal Street restaurant (currently Busch's Restaurant), and the 355 sq. ft. addition on October 16, 1996, appropriate findings were made with respect to the Future Land Use Map, Consistency and Concurrency. Per LDR Section 2.4.5(G)(5), a positive finding that this proposal does not affect these original findings can be made. Applicable Comprehensive Plan policies and Concurrency items as they relate to this development proposal are discussed below. HPB Staff Report Handelsman Expansion (Blue Anchor and Pottery Shop)-Minor Site Plan Modification Page 5 COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective and policy are noted. Coastal Management C-2 - The Marina Historic District shall be redeveloped with a sympathetic blending of the demands of economic development and historic preservation. Coastal Management Policy C-2.2 - That part of the Marina Historic District nearest to Atlantic Avenue (north portion) shall be redeveloped in a manner which while keeping within the existing character shall provide for transition in -- design and intensity and type of use to the commercial character of the Central Business District. The proposed facade modifications will be consistent with the existing character of the historic district. The historic structure to the east of the Blue Anchor will maintain its Commercial Mission Revival style. The proposed paver sidewalk will match existing paver sidewalks along Atlantic Avenue. Section 3.1.1(B) Concurrency Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements. The proposed additions will not have an impact on water and sewer demands. Drainage will not be significantly affected by the modification as the proposed additional area is only 425 sq. ft. The addition will not create a need or have an impact on the Parks and Recreation Facilities level of service standard. Concurrency findings as they relate to Streets and Traffic, and Solid Waste are discussed below. Streets and Traffic At its meeting of December 5, 1995, the City Commission adopted the City's TCEA (Traffic Concurrency Exemption Area) designation, which encompasses the CBD, OSSHAD (Old School Square Historic Arts District) and the West Atlantic Avenue HPB Staff Report Handelsman Expansion (Blue Anchor and Pottery Shop)-Minor Site Plan Modification Page 6 Business Corridor. The TCEA exempts the above described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. While a traffic study is not required a traffic statement must be provided to keep a record of trips approved within the TCEA and for calculation of traffic impact fees. Submittal of the statement is attached as a condition of approval. Based upon the above, a positive finding with respect to traffic concurrency can be made. • Solid Waste Pursuant to the Solid Waste Authority's trash generation rates, the trash generated each year by the proposed 425 sq. ft. restaurant addition will be 10,583 Ibs.cor 5.29 tons. This increase can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. Section 3.1.1(D) - Compliance with the Land Development Regulations: As described under the Site Plan Modification Analysis section a positive finding of compliance with the LDRs can be made after all conditions of approval are met. Downtown Development Authority At its meeting of January 16, 1997, the DDA reviewed and recommended denial of the request based upon concerns with respect to the noise and the visual impact of the outside use on adjacent residential properties to the south. Community Redevelopment Agency At its meeting of January 9, 1997, the CRA reviewed and recommended approval of the request. Special Courtesy Notice Courtesy notices were provided to the following homeowner's associations: ❑ Marina Historic District Homeowner's Association ❑ Beach Property Owners Association Letters of objection and support, if any, will be presented at the HPB meeting. HPB Staff Report Handelsman Expansion(Blue Anchor and Pottery Shop)-Minor Site Plan Modification"-;'" Page 7 ASSESSME . :. ::>>:::>:::>»::>::>:>::::>:> >::>::::>:::::::::::>:: _:: >: AND�O�CLU�10�1:::.:;.:.::::>.<>:»::: >:::>�::: ::::::::::>::.....;::>::::::> The proposed project includes installation of a new dumpster enclosure, additional storage, a new paver sidewalk, installation of an outside seating area for the Blue Anchor Pub, and facade changes to the building to the east. Proposed landscaping, including installation of trees and hedging, will provide screening from the dumpster enclosure and parking area. The development proposal meets the LDR requirements with respect to parking and the proposed improvements appear consistent with the activity on Atlantic Avenue. TE A. Continue with direction and concurrence. B. Approve COA-291 and the associated site plan modification, landscape plan and building elevations and building elevations for Handelsman Expansion -based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(G)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan. C. Deny COA-291 and the associated site plan modification, landscape plan and building elevations for Handelsman Expansion with reasons stated. A. Minor Site Plan Modification Approve COA-291 for the site plan modification for Handelsman Expansion based upon findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(G)(5)of the Land Development Regulations and the policies of the Comprehensive Plan with the following conditions: 1. Provide a letter from Waste Management indicating the proposed location of the dumpster is attached as a condition of approval. - 2. Provide a traffic statement. • HPB Staff Report Handelsman Expansion (Blue Anchor and Pottery Shop) - Minor Site Plan Modification Page 8 B. Landscape Plan Approve COA-291 for the landscape plan for Handelsman Expansion based upon positive findings with respect to LDR Section 4.6.16. C. Architectural Elevations Approve COA-291 for the architectural elevations for Handelsman Expansion based upon positive findings with respect to LDR Section 4.5.1 and 4.6.18. Attachments: ❑ Location Map ❑ Site Plan ❑ Landscape Plan ❑ Hardscape Plan ❑ Architectural Elevations . . • . - _ i----- .. — . Lii. THOMAS S •-_____, s.___ a. N.E. 2ND ST. 1 id > 0 — < -0 _r 1...1 Z Z -.) < 0 0 t Oftivc CO CO _ N.E. isr a. I— I— I Z Z — X s I _ La — 0 0 1 1cr > cn Z - - < - — <i. 33 r- . LOWRY STREET N.E. 1ST ST. Ct. _ LIJ g ,---- - — — DELRAY cl- .-- — t-- —w--z ATLAN77C VETERANS SUMMIT I-- tn 6 — 6 PARK I-- < z CONDO w 1 to _ >-: >.:— ,J PLAZA <L• - z _ `Z tal LLI CC • — • — Ui ---Ui—. BARR a) <—j --• TERRACE t _C,....,----- ., _ CONDO l f- hub J I _ ATLANTIC AVENUE J IN Ifni ...x.:.: i:i:::.:i 1 WATERWAY EAST COMMERCIAL -1- - _ _ CONDO ____ I _ —.t_ . 411 , I <> > _ < < . 1-- BAR 0 = mi E - HARBOUR 0 (/) CONDO ) — -._ S.E. 1ST ST: <t MIRAMAR ST. - BUD'S .. 0 . tt.! • dij _ 1--- // ((HMI z - = I-- i 1.- -‹ I- co co z Lai CD .:3" I--- / — — Z — — \---...--, INGRAHAM E S.E. 2ND ST. AVENUE _ III "--- z 1-= [ — - SEAGATE ,.., Z OCEAN TERR. TOWERS ___ La u.i iLi bin" — NASSAU i .. — — ---- ____ I n r—IIIIII ) fT e N 17 -10128,-- HANDELSMAN EXPANSION PLANNING OCPAR TLACN r (Blue Anchor Pub & Proposed Pottery Shop) CITY OF OCLIZAY()CACI T. f L \ - -- otprAL tins(MAP srsrai -- MAP REF: UV I 0 7 f. •f • 114, IE�rj: ! XdY -`�4:cFJ'I E'E✓`!i.''.li.t i �. S11 S N Y tl 3 1 3 A if ..ecrXgripikirtm4 ) i-::. ....----7....— Ar_____)(----= 0 • ,•LOCATION PLAN. ` - - 7uwur— 4- - - Y • I .�'d�\\\l.\\\ \\\\\\HUH.\\\\\'C�\\\\\\\QLQ\\\\\\\\\\\\\\I�\• `� : / • � • \\\\\//�•Pl.. Y 'IPRI3POSED �y ►C.'`.i • . .,.,.<• � � �\fiti r z<t? -: —���\� ill,�yi€ �+► ,$pi. •. - 7.— \ -_ ;!:5 to 411Riti?/:#1,1.).41.g.I=t,,2&!‘ :,,,_,7p. z...., . ;1 .. in- : r , 111. - T . i .4:\,.\lti‘ ,, .,,, ipti-' hy A;lizz, • :•••_.— 1 1 si4wP • . 1 —,„,,w '.'7 .41.iii—• Jo: liz....::: f I .---• I' '-'' '/7.1 ti..,;:11/•lArAli 1 a.'" • , .ii, 7 ___ _WV____ ' avi ktli lir ig.1 k -+.. 1-, i 1. tr -•. SEE DETAILS ON SNi. '� A�,{( •= V r —�_ 'mtir AL12 i Litt . I • IP t'_Eyiti/. = e i'14\- _.-_1_• e _ 1�` 1 I---- 6I-• ED ---- 1 �. • . aa♦- I i. 'tea • - •b,9.9a!€•!!!a i9! !la' .IIIIIIilUHhIlllll,HIJIIIJI lll:l: �I ( id t- I!IIii1I1IILiiIii' = • °Y���� 0 SITE PLAN. ''� r�r me m�•/ _ N~� - ••SCALE:r+•70;- :„:1• � '1l FRONT.:ELEW TtON _ ".. M•�1'-0' . ':IIIIIIIIIIIIIIII1It PLAN.OF DUMSTER ENCLOSURE I-I A N D-E-Ls M am Ex.pA iJ 3 o0 1 L-Uc At.it'k e,2.. Pu(3,1 Psi TmQy 5i46t') it 14 • • • S! urti''' ti • k 1p4 Pi~�, t nM . Al w• ----- — — — — — -- — PALM WAY `� r �..�� .� I Cm* I J firw Cast Yr•.0 A R I •. L'h Y.1 ..•.. et* .m."M...rr. mae a..r A...w T.m mr..nro.Ior w�r � f%T:_ .:,,4.�k} '4 O.3T.C CO IC F r" romanINC i s •••V\1...trizmA, t u s ?—.. .:- ► r - I• �-r ` _III �� • • iI f AMIPIINtigg • r. _ OIIM CONC.Mfr. I D I J ,5�V -rm.e as 0 , oat•.uou..Ma n�.t% coif ..iroori MC '�"'M^Q BLUE ANCHOR PUB I b .N w r-- c � \ i Z. EXISTING PAVED PARKING LOT utr c tt 0 • • u[a nom as \ • • • TET A • - :.,((� \\\\\\\\\\\ \\\ • <C iI 10 Z. rt.ma tr►i 0.c I f�NEW BTOfiAQE p, • M�•K Imo''fit: n \ \\\\ < I j K. ..t '` f��" POTTERY SHOP I \ • .0.,MC aN•Q • R•M� k } IJ�ai,•:` r 1 =•I.� i. .: • MH.tj ISf NfK \ • 0 4 t 0 _\ ��;.,,,it '"d�ri1�(t9:2�tlym\ rt.irnat.tt IICl/VAAIRI \`�1 :00 O�IflON J \ 1 I u 1 �,:{ fro r i • K• . OM.fR1rN.� r of i r,` I�i\\\\\\• \ I I • K.OO.0.wn.i 'rig;:?:,:?[I 11 •'„%` tmr.rn.e'co.0 ' • - ll t.,t I �' . dl-L- c.L% '%�� I,�;• LANDSCAPE PLAN • [M. [0....oK..• 1 .•r-r .an •:14ti vRM1 a.. • a - - - - - - - - —x PALM WAY 1. ,,...1 - l . Da IA IA•.t.trt �- InrwRnw.W/.M G �YC 1F I,` tnl.tent,l...R., -.._.._.. .._.._.._.-.._.._.._.._.._.._.. / / %//// � A `i``, tmt.� • Las or test Amon : \\ . A f I 1 t � O [� •1p KR. Ilk= O \ Atl. f hll../t W, \ ` We K.•41on .[•.ALL"M /� e s,c \ Dr ( f f f f Y • y 4loM�o m.. I Ill I S iA ^\. CC*,1 to.K� ta.A e.tt eAp Ili MtAA .4 Im 'Ti 6. \"` w.m r.va °.,t'"..toil t ww^O \ BLUE ANCHOR PUB 1 n N EXISTING PAVED PARKING LOT 'I /'='n� 1 f LL., �\f<amwa \\ i,DD ei, mCf ib tpR A ,,,4 , \ e. e j K•nH, I; mi 6.r ,.\\ vAr • s NtWOO ° x ., • 1:'I • -ts i { _ 1 \ POTTERY SHOP \ \ ,: 111 i In 0`�C 0 O y * ( `"otl ' $ g1 0 [1 Jr t.4 4 i If � . S \�1rMet Pr i b ANEW AfCOrha .� S ei r 1n1 t @ , O A...(A.nn rw� nor• , ....E J.:...........• •, ' w/��rR.w 0 O = tsnt,4 wK(i )) .; �v y4'5; I BRICK PIER/PAVER DETAIL II II T ;f,v.4, ••In mt wmtISi°• ,... .. �.Y.f Vfull ~ i`r,C^��;T,..`{ mt me....+. 0 Rlf Cot•K.M / //lam_ I Y �i, � 4„ n wn. :1 4j' `Y.4 M� 4143 ORUMOM.Mb4 IAM/F•AIM[sfL • • % % ��+4 [IDt HARDSCAPE PLAN I "��� Y 2 G 2 9 • "'^:'a�-"�' _ • „,. I: .�.,v s •• 1; •E 'IIj!' i iITrj!:1;11.. 4. Wi.•iFiii.�• . r{ •a. �1, nE'iyy �'jj"jj1tj�t .. }!?sj�tlslil111114 113i.1!? ii��ttli,l. :y��° r..•��^ •r•."%1.4 _. �;IT44 iki��i e�f144 .4I!!'; i' ;1 I '1 ''i�t ilk , +� Ili +'��' 433,of .,,,;tircitzra f lF :o: i . .,: ii . �I it SEATIN C PLAN 1 / ,BRICK PIER/PAVER SECTION ow.. n•.r.f NOM . ...K i rt.-•,m= - • - . r,. • i r ...,. M., .,,,, ‘ . • ORLACit P. BARREL TILE WHITE STUCCO IA 336A WINDOWS Ac DOORS 1 +t...t IL r T { I 1— O EE TILE PARAPET CAP STUCCO•^ ^_........___. ^_ TILE EYEBROW r '1JV1_11` MOEN [uAKa110 rw� IA_ . . 9336 EXISTING NORTH ELEVATION • • NOTES: (1). REMOVE EXISTING PECKY CYPRESS TO EXISTING OFFICE ELEVATION. REMOVE BEM EXISTING PAINTED PLYWOOD SIGNS. (2). STRIP ALL EXISTING PAINT FROM AU. WOOD WORK. MM. (3). REPAIR ALL WOOD WORK. STUCCO &BROKEN E." TILES(ON EYEB[iOW&PARAPET) DEW " (4). REMOVE EXISTING PAINT FROM GLASS ON UPPER =M CENTRAL WINDOW. REPAIR GLASSAS NECESSARY ` &REPAINT W/DARK BLUE. (5). REPAIR EXISTING PAINTED STUCCO k FINISH W/ CO $ ELASTOMERIC PAINT. e C A1.1.1 A DELRAY BEACH AII•AmericaCity 1993 AGENDA HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: February 5, 1997 Type of Meeting: Regular Meeting Location: First Floor Conference Room Time: 6:00 P.M. 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. Pursuant to F.S.286.0105. I. CALL TO ORDER II. APPROVAL OF MINUTES • January 8, 1997 and January 22, 1997 III. CERTIFICATES OF APPROPRIATENESS A. COA-273-Continuation. BSA Construction, 9 N.E. 2nd Street, Contributing Commercial Building, Old School Square Historic District. Bill Branning, Owner. Approval for Design Change for Front Entrance Door. Approval for a Free Standing Wood Sign. B. Staff Approved COA-55. 214 N.E. 5th Street, Contributing Single Family Residence, Del-Ida Park Historic District. Lois Concepcion, Owner. Approval for Tile Inserts Around Windows and Doors; Front Entrance Columns; and Change of Exterior Paint Color. A HPB Meeting February 5, 1997 Page 2 C. COA 281-Continuation. CRA Parking Lot in Block 60, Old School Square Historic District. Community Redevelopment Agency, Owner. Approval for a Free Standing Sign at the Southwest Corner of the Parking Lot. D. COA-304. 109 Dixie Boulevard, Contributing Single Family Residence, Del-Ida Park Historic District. James & William Mullica, Owners. Re-Roof with a Change of Materials from Wood Shingles to Fiberglass. E. Pre-Application COA 219-Continuation. 325 S.E. 7th Avenue, Contributing Single Family Residence, Marina Historic District. James Kolleda, Owner Review and Comment on a Proposal to Construct a Roofed 259 s.f. Patio on the Southwest Corner of the Residence. The Project Will Require a Variance from the South Side Setback Requirements. IV. REPORTS AND COMMENTS A. Reports from Historic District Representatives B. Board Members C. Staff V. ADJOURN S4thrf;44-Pie° Pat Cayce Historic Preservation Planner POSTED ON: January 30 , 1997 file/u/agenda/hpb2-5 MINUTES OF THE HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA PUBLIC HEARING MEETING DATE: FEBRUARY 5, 1997 LOCATION: FIRST FLOOR CONFERENCE ROOM I. ROLL CALL: The meeting was called to order by the Vice-Chairman at 6:00 P.M. Upon roll call it was determined that a quorum was present. MEMBERS PRESENT: Vice-Chairman Johnson, Vera Farrington, Debora Turner, Susan Hurlburt, Betty Diggans MEMBERS ABSENT: Chairman Vaughan STAFF PRESENT: Pat Cayce, Diana Mund II. APPROVAL OF MINUTES: The Minutes for the Regular Meeting of January 8, 1997 and January 22, 1997, were before the Board for consideration. Ms. Turner moved to approve the Minutes as presented. The motion was seconded by Ms. Hurlburt and passed 5-0. III. CERTIFICATES OF APPROPRIATENESS: A. COA 8-273 Continuation: BSA Construction; 9 N.E. 2nd Street; Contributing Commercial Building; Old School Square Historic District; Bill Branning, Owner. Item Before the Board: The action requested of the Board is that of approving a COA for a design change for the front entrance door, and for a free standing wood sign. It was moved by Ms. Turner, seconded by Ms. Farrington and passed 4-1 (Johnson dissenting) to approve COA 8-273 Continuation based upon positive findings with respect to LDR Section 4.5.1(E) and the Design Guidelines for the redesign of the entrance door as presented. It was moved by Ms. Turner, seconded by Ms. Hurlburt and passed 5-0 (Johnson dissenting) to approve COA 8-273 Continuation based upon positive findings with respect to LDR Section 4.5.1(E) and the Design Guidelines for the free standing sign with the following condition: • That both the fence post and arm be painted white. B. COA S-55 Continuation: 214 N.E. 5th Street; Contributing Single Family Residence; Del-Ida Park Historic District; Lois Concepcion, Owner. Item Before the Board: The action requested of the Board is that of approval of a COA for tile inserts around the windows and doors, front entrance columns, and exterior paint colors It was moved by Ms. Turner, seconded by Ms. Hurlburt and passed 5-0 to approve COA S-55 Continuation based upon positive findings with respect to LDR Section 4.5.1(E) and the Design Guidelines, for the tile inserts around the windows and doors and the paint colors as presented. It was moved by Ms. Turner, seconded by Ms. Hurlburt and passed 5-0 to deny COA S-55 Continuation for the front entrance columns and require that they be removed, based upon failure to make positive findings with respect to LDR Section 4.5.1 and the Design Guidelines. C. COA 8-281 Continuation: CRA Parking Lot; Block 60; Old School Square Historic District; Community Redevelopment Agency, Owner. Item Before the Board: The action requested of the Board is that of approval of a COA for a free standing sign for the winter Green Market. It was moved by Ms. Turner, seconded by Ms. Farrington and passed 5-0 to approve the seasonal free standing sign based upon positive findings with respect to LDR Section 4.5.1(E) and the Design Guidelines as presented, with the following conditions: • That the sign is to be mounted on two 5" x 5" posts; and, • That the posts be painted white. D. COA 97-304: 109 Dixie Boulevard; Contributing Single Family Residence; Del-Ida Park Historic District; James &William Mullica, Owners. Item Before the Board: The action requested of the Board is that of approval of a COA to allow a change of roof material from wood shingles to fiberglass shingles for a contributing single family residence and guest house. Prior to the Board meeting, staff learned that the subject property was not owner occupied, but was used for rental purposes. There are two landlord permits, one for the main house and one for the rear cottage, 109 1/2 Dixie Boulevard. Therefore, the recommendation in the staff report that the Board consider undue economic hardship as a basis for approval for the change in roof material is invalid. Additionally, two letters opposed to the roof change were received and read into the record. Neither James or William Mullica were present at the meeting. -2- 02/05/97 It was moved by Ms. Turner, seconded by Ms. Farrington and passed 5-0 to table COA 97-304 until such time as: 1. The applicant provided for the Board's review, all of the required documentation pursuant to LDR Section 4.5.1(H)(1) & (2) in order to claim undue economic hardship; or, 2. If the applicant chooses to replace the roof with wood shingles, a sample of the shingles must be provided for the Board's review. E. COA 8-219 Continuation Pre-Application: 325 S.E. 7th Avenue; Contributing Single Family Residence; Marina Historic District; James Kolled: Owner. Item Before the Board: The action requested of the Board is that of a pre- application review and comment on a proposal to add a roofed patio to the front of a single family residence. The project will require a variance. The Board felt it would support the variance providing the roofed area looked less like a carport. Ms. Cayce amended the agenda to add a pre-application review for COA 8-296. F. COA 8-296 Pre-Application: 29 N.E. 1st Avenue; Noncontributing Commercial Building; Old School Square Historic District; Jerome Vanhille, Owner. Item Before the Board: The action requested of the Board is that of a pre- application review and comment on a proposal to convert a commercial structure to a restaurant, with a second story to be added to accommodate two residential apartment units. The Board previously reviewed this item at their October 2, 1996 meeting. They felt there were several inconsistencies with the elevations and suggested the applicant consult with his architect to resolve these problems. The Board was not enthusiastic about the revised elevations. They felt the building lacked a definitive style and contained too many mixed architectural elements. Additionally, they did not support the fiberglass roof, as the roof is such a prominent architural feature of the building. IV. REPORTS AND COMMENTS: A. Reports from Historic District Representatives None -3- 02/05/97 B. Board Members After a brief discussion by the Board on revisiting the closure of Palm Square, it was moved by Ms. Hurlburt, seconded by Ms. Diggans and passed 5-0 to request that an updated traffic count be done for Palm Square and that the traffic count be conducted 24 hours a day for a period of 7 days. After a brief discussion by the Board on allowing moped rentals in the Central Business District as a conditional use, it was moved by Ms. Hurlburt, seconded by Ms. Turner and passed 5-0 to send a letter from the Board to the Planning and Zoning Board stating the Board's opposition to this use. C. Staff Ms. Cayce informed the Board that Pat Healey-Golembe was appointed a position on the Historic Palm Beach County Preservation Board. In order to serve on the County Board she was required to resign her position on the City Board as it was considered a conflict of interest. Ms. Cayce informed the Board that the West Settlers Historic District had passed first reading and would be before the City Commission for second reading on February 18, 1997. VII. ADJOURNMENT: There being no further business before the Board, Ms. Turner moved to adjourn the meeting at 7:45 P.M., seconded by Ms. Hurlburt and passed 5-0. The undersigned is the Secretary of the Historic Preservation Board and the information provided herein is the Minutes of the meeting of said body for February 5, 1997, which were formally adopted and approved by the Board on February 19, 1997. Diana Mund' 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. -4- 02/05/97 • Project Name: COA 273-Continuation Project Location: BSA Construction, 9 N.E. 2nd Street. TEE.. The action requested of the Board is that of approval for: (1) A change in design of the previously approved front entrance door. (2) A free standing wood sign. On May 1, 1996 the Board approved the site plan, landscaping plans and design elements to allow the conversion of a contributing single family residence to a contractor's office. The front entrance door which was installed was not the same style as that approved with the project. The sign was not included as design element at the time of the COA review and _= is now before the Board for approval. Door The approved door was vernacular in style with raised wood panels below and glass panels on top. See attached elevation. The door which was installed is Victorian with arched and etched glass panels. See attached photo. Sign The proposed 2 faced free standing wood sign will be 3' long x 22 1/2" high. Its height from the ground is 5'. The text is raised with sand blasted letters, the colors will be available at the meeting. When the door was installed it was stained and varnished dark brown and was prominently out of character with the vernacular structure. However, while it is not the appropriate style, now that it is painted to match the building it loses much of its dominance as the focal point of the facade. Meeting Date: February 5, 1997 Agenda Item: Ill-A HPB Staff Report COA-272-Continuation- Page 2 The Building department's Sign Review Committee will review the sign for compliance at its meeting of February 28, 1997. Their comments will be available at the meeting. ALTE ATIVE'AC By separate motion for sign and door: 1 . Deny, with reasons stated. 2. Continue with direction. 3. Approve as presented. Sign Based on positive findings to Section 4.5.1(E), approve the sign associated with COA-273. Door ` vc\ Board's discretion. file/u/ww/coa273cr • i:3a*T� 4.rt- ''''t 1.1 • • EXI5TtNG HIP ROOF • 1i . n 0-ioVE DUST.SCF2EEN5 INSTALL W4'CLR. 455 Ud WOOD STOPS )GIST.OPETII 4G5 - 0t 1T AND SIOESJ o r ` t .T. -_ _1..�. ,_ _arc..; ._ . .. NEW 2865 WOOD t2A15E0 J EXISTU4 STEPS _ PANEL OOOR W/VISION Q� ^v�-i �0�� GLA55 TOP PANELS /- /W • b 1. V tll FJEV . I_ .• .- . r; • .O i ;• t y r-a.v.xr e a r t •'...=.tT� tort itito ;w V .4,, Rr •tir+M"eU' •e...•i wo• '' Z..i. rJ- • fah • • 4,, • 91 ass" ass — CORPORATION GENERAL - CONTRACTORS I • CAM[LUCCI SIGNS 350A N.E.4th Street - 0e1 Chs F 33 4a SIGN REVIEW C PLAN REVIEW i S) ELECTRIC ----STAFF REVIEW ENGINEER NG _� __\_ -_, 0 I ' •I ,---.......,.;....-----AW7=',F. V..'1 r -------< 1 I , -�l e bl � o -o01 HP ���� to I ion virsi.i NEW DR EU1•' •;�1 M . ri' � .�. BRICK WAVER. I' ---_= t'ii.1!` ill !lIIII! •\ja.' ,:trird ' �•, \\ • •ill :• ' P � � t�rya . • : • • �f', l Iiiiii; Iv 1 : Allow' .1 �i 4 Existing One Story Bldg. L� - 0 . 46k 41 /L G/a7iD to 4.g `�' 11pir f ��li i. f- Sil• z xN 7111I ll"I ' 3 1? I...11- L):' " • lauf4s i, -1-•- �ii„ttll A it#4 / \ .Nblsctts • 4 ikAA4/• NEQ • LI tern ,-- \ 4 , v 7 -1__„7z r 1 ii . ( .----.4t7 150' \................... Y \\... .-7----- . VXI'it1i4e1 14ELY�0• - xI 1r*4 if 1Wai2. p v NI WHO • r • V . Planting Details l. ..•.1..1 U.1 i'.wk• , .•.Ja\ !IN.Y(yY(o Shrubs _', Groundcovers - . - -- i •Ya•rea•..�.o I.aa.<1 I..•+U...4:1 al peg also*Iioo•I.I.1:I y 1.1. rer.lu.:• - /Il..1...4•(•.•I.(.I.1.1 Y • • „ "� I.Y Wale( :1'11'sen,.1.a.. UyWsjY..l•i•1.�••...4 'i'ie.ie v.M W.•r•9 • 1 Y .1t6•I i..la\•..l >....(.....(Y.d.11•l. 1I—.W4.•Y.�.I •M.I.Iu(/Vi!<�'I• ` ,juY.(I.l Yul.Meal I II..Mn(Y.� ._,'`, .}'! . -._.•,. •.1...r_� ..... . l.w.......w....t • ..r•.i.1iG--36 > i • _s I l I 1' Y (J Ll TRINITY KC S14 ST. LUTN£RAN ......-- !LAC 4111 St N.E. •`ST - CISON -•,4111 — • - METHOOIST -- CHURCH — — • ='fi . —1: - .N.W. 3R0 T. KC._ 3RD Sr. • aN .11•11—j -- , 1 ATTORNEY —— .- BUILOINC = z -A , - _y NNE - Q -o L. ■• N.W. 2149 ST. ME ^ -ST. • CITY HALL — -- _2 3 W —v i i . - 7. Z N.W.1Si ST. N.E. ISi- SI. - - - Z_ • 0 _- COAlLiUNITY ~ — CENTER Z OW_ SCHOOL _ SQUARE i III1I C . . ATLANTIC AVENUE I1111I . - - :■_., ■ S. TSF Sri^ S.T. tSt Si. 11 -t----- IT- F - - - I U.A & IV.A - ............... ...................................... ...... Project Name: COA S-55 Project Location: 214 N.E. 5th Street iVI;.IEE .3RE.TE..IOAR The action requested of the Board is that of approval for tile inserts around windows and doors; front entrance columns; exterior paint color. On January 17, 1996 green canvas window awnings were staff approved. On March 13, 1996 a wood fence was also staff approved. The applicant was told at the time that the fence permit was issued that the fence would have to be painted, as the Board no longer approves unpainted fences in front yards. The applicant stated that after the fence was waterproofed it would be painted white. To date the fence has not been painted. The installation of the awnings was a great improvement to the front facade as they replaced dented and bent metal hurricane awnings. ........................ .................... .............. The following exterior changes have been made without COA approval: • Decorative tiles have been installed around windows and doors. • White wood columns have been added to the front entrance This work requires a building permit, which was not obtained. • The house was painted a very bright yellow which was beyond our approved color pallet when I first saw it. However, when the code enforcement officer visited, the yellow had been greatly subdued with a coat of white glaze and now it more closely resembles an approved yellow. • The fence, which was approved, needs to be painted. riegingiaggignentigiiinigint In staffs opinion the color of the house is acceptable. Meeting Date: February 5, 1997 Agenda Item: Ill-B HPB Staff Report COA s-55- Page 2 The tiles are whimsical, if not authentic, and staff does not feel that they detract from the structure. But it will be for the Board to decide if they are appropriate. The columns are inappropriate for two reasons. (1) These Doric order columns are not appropriate to the Mission revival style. They are better suited to Colonial revival styles. (2) Columns usually support a porch roof and the steps are provided to access the porch. In this case the cart is before the horse with the columns in front of the steps. If support is needed for the door awning, it would be more appropriate to use an angled wrought iron pole with a decorative finial. In any event, as no building permit was obtained, the columns may not have been constructed to meet the current wind load requirements, and this will be for the building department to determine. 1. Deny with reasons stated. 2. Continue with direction 3. Approve as constructed. 1. Based on positive findings to Section 4.5.1(E), approve the tiles and paint color, and require that the fence be painted. 2. Approval of the columns. 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So' loie' 50 79 .. 0 94' 60' / 1,? 4 9 �. 6 60.3 _'_.----•.`�C N-•�-_ \ ��TH O SO'U J :41. 9L46' SO 2/d./__I IIrA ,,, H.£.I ( I ( ,� 156 50 /32.6' /l2.6"i 50: 1411/. + .__ 1 __ r/ /5 `n c� 3Sl' Z,` i205' ^SO r2263• .0� .0d /�0 3 � � � / 28i717K -��. /9� � � 7 a.1 /3 /6 P z 27 20/be. 0 2 b 2 23 N ./S M 242.7't ___ /7 2/Mc.- 12 _ 3 _ 22 3 26 ,/4 22 y. m 3 2 e..: -CI IF- 11 /R •- d o< L3� O.' A M • Project Name: COA-281 Continuation Project Location: Southwest corner of CRA parking lot in Block 60. The action requested of the Board is that of approval of a free standing sign for the winter Green Market. This is a 4'X8' one sided non-illuminated wood sign which will be 7' from the ground. The style of supports is not given. The background is white; the checkers black; the text is to be dark green shaded with red. Colors will be available at the meeting. The sign will be located at the southwest corner of the parking lot (N.W. 1st Avenue and the alley) where the banner is now located. Staff suggests that "site of' be added to the text. As the sign is to be permanent, staff recommends that the text be changed to read "Open Saturdays, December through May, 7am to 1pm". Staff will attempt to have the style of the signpost available at the meeting. The building department Sign Review Committee approved the sign at its meeting of January 24, 1997. Based on positive findings to Section 4.5.1(E), approve the sign, providing the design of the signpost is available at the meeting. Meeting Date: February 5, 1997 Agenda Item: III-C ::iiii6vii%%Il611A1111147111111,1 ' %1 IIIIIII 1 517- E 0 f-- * 9 1,7 ;g; ,, t d E tril F-, kil ENt , Ei , rill } u Y I I i As Saturdays thru May 17 • Sunday April 6 • 7am to 1 pm iiiiiiiii6 • Call 276-7511 116111111161111116116111%%111111WEIC* 4 S N REVIEW AN REVIEW ELECTRIC 9 STAFF REVIEW SPRAB ENGINEERING I I" • (c. V * • • .. ___ __• ' 4 1 EIHI 1=NI.11 IL-1 LEIP A Sr. N.W---- 3R0 I I - -'---- < < <_____ . • a TY . II . ______., ATTORNEY a ; BUILDING Il 0 ,T) II • ; • N.E. 2ND ST. N.W. 2ND -- ST. 6- . 1 5 . . c., . . ._ I.J.1 . D Z . a co. z Lai .- c.4 1-= " CITY 11 , > HALL < L_ LJLII 1111 N.W. 1ST ST. N.E. • 1ST ST. 1 I 11111.11 COMMUNITY 1•• -•:‘ MP u; z z CENTER •::f1:1 OLD. SCHOOL u; „.. .r..... Z . 1.-0eAri,41 "..11 SQUARE z TENNIS it STADIUM i 11 • pp. $ts-41 ; , '. MI +t _ . 1ii mil ii 1 1-Hill I ...-,-..----.• — 111111U 11 I ATLANTIC AVENUE , . - - iiiiitily i 1 _ ••. ......::::_ , z • , __,___ _____•,,,•. .z. „:... ....„ , ..,...t:4 0 . 1.• . _.. . ,,., __.........„_.. i_. is. • . .....„__ , ., • .....„:„._4,.,\,\ 64:1„___•, • . ., Imila MN '• ..-- , ' • ' o ..., '04. ;. .- MN •'.:e-• ";,...Q' 1 ' • i t .V, . ...'"...- . I I II NMI MO cn MARKET %.-...6-.".. • - -7-,••• ._. SS.E. 1ST ST. i, -,...,- . Q=SZ • - ' . 1 ------------. ------ '_.... 1-•"; ''''''' '" , ' 7 -,..-7. 1- %I- 4 , ... J'./. ..--__---, --- ---0 X -----. . Z rl -- P-' . - .. - . s.// .-- C•1 ---___— ....• . _ lj I Il/ I iIII n-%,..,_,-'''•'•,;.,:f,*4-..r.ewt,ots...-.:-,-;.1.4'44•4`4IIl'`.:34:,.%,I•;:-.-,•,.. —— — t‘7.;;---..:x-f.,:•:-,•-•.%41.?-15. 5. •••• 3„,....7-4t.',.-. ..,. •,. ---.1..'..0‘-,1...A. -C , Lai____ CO ,•„,_.. - •••, ., et---1/4-;;;,--t.--_-••-• ' : -- ui 1 .-";--A ':11 -.:1-r-::' •---,-.-1-00-1:-;-4,..-,---, - 4-,„ - , -fit,...„„k4.,;', .5,-,:i.:1- .,------...,-.-.--- .•.. •:--:.:"•-?;Z:•T'-e".1-;.;444:::z?:4 ;:-Iye:.;;',„.-,1-.:-,-,Zk.,-'74-,'4...„5.-..:',•-•"`-'L.-...-t----, . -- -- ,...-...,--..;,.2,,,k.:?,-„Nf-,:,;.-:.,--,-.,$;:fSt:..:-.;`,.?,-;,-`,:-,.,:::•--;; ;',-,,..t.t.,-:--:;---, -- • - - -.''.i•-:'..: -i--"..'-,:...."- ---..-1--`,...--..;,...t:v.:-?-.1-....--:::_:-..,-!.,-..•,:-,.-- -,. -•- _ s •• • • - - . • , ' • - . .• . •" •.. BLOCK 60 PARKING LOT 1\it ricr Lk40 7 1 Project Name: COA-304 Project Location: 109 Dixie Boulevard . :.:: :.;;:::.::;.listigEggingulogigoggOgg030,714010gMcgaillatelliligilliel::.;::.:;:.;:.;:.;:.;::::::::::::.:...::.........................EgQR0.T.f:10:.BgMcg:::::..........::.e....lilig:::::.............. The action requested of the Board is that of approval of COA-304 to allow a change of roof material from wood shingles to fiberglass shingles for a contributing single family residence and guest house. The house was constructed in 1937 in the resort cottage style. The current wood shingled roof can no longer be repaired. Remove the wood shingles, replace the wood sheathing and underlay and install dimensional fiberglass shingles. Color to be white or very light gray. The house is owned by Mr. William Mullica who is 87 years old and lives on a fixed income; his son, James Mullica is the agent. His son has prepared a statement of request to allow the material change and cites financial hardship, as the cost to replace the wood shingles is twice the cost of fiberglass. The fiberglass roof will cost $6,490; replacement with wood shingles is more than double the price. The assessed value of the property is $71,530 and the taxes are $1,741. Meeting Date: February 5, 1997 Agenda Item: III-D r. HPB Staff Report • • COA-304- Page 2 1. Continue with direction 2. Deny, with reasons stated 3. Approve as presented. fl:,::.,>.::..:_„:;:.DAT,::;::.:::::...::::::::...' <> > > > Based on positive findings to Section 4.5.1(H) Undue Economic Hardship, and the fact that other houses in the immediate area have composition roofs, approve the change of materials associated with COA 8-304. file/u/ww/coa304sr A ill A/R c . _ s ? ,1166-4"4 1564-64 , vte ca-e 12.4-evid J /2.6-7,J . 1/-1/n•-d • dA-a A,(zi 1/6e.ad Lo--6d c314 9 ‘z),w_& teA,c_zz 4'1"4" ya • ULJL-e-Z at, _I kev-e 7/Le_ a.214)1J_, yk„ _Acck_ a. ke-tt<zi. ,; co-te - a ,_(4) k9O _ Grunt.eiL. gat- go'J--14 - Jagi4- Adigf . /vkJ _ Co-trt ( 4-e _ !! 4a4-6 3,-Z4^a/1} j1/- ' ` o !U !| ! � ^� '• 62.1-y Ji I�ll�lP � 73 /}4�� 4 iI Sa N.t. ,Y 147 .)1. . u , /4-� l3 na• 7s /os'M s'�5 /4 :3 /2 I/ /O 9 8 7 6 5 4N 2 Alliiiiipplilie., d f � . dy5w SO /14_2 $ /Id.dd J •n3j �¢$ /5 R /P 1{1 a 3 c ® aaISE ran 3 Soo, 3o S° I 118111 c4 1 •Y A 2 , • 16 • /l ' ,,% q 16 /7 /8 /9 20 1/ 22 23 24 25 26 17 18�' 3/ f>) %�, I25 60 I So oo•� 5o �a2! 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I 2se' r E P S CA c d v (w A iS>' 4 H ki cr, \ A .. *:. //e TO: HISTORIC PRESERVATION BOARD FROM: CLAIRE LYTE-GRAHAM, PLANNER DATE: JANUARY 29, 1997 RE: CLOSURE OF PALM SQUARE Per your request of January 22, 1997, the following is a summary of the history of the closure of Palm Square. For additional information, attached please find a Planning and Zoning Board Memorandum Staff Report dated June 19, 1995. ****** A request to close Palm Square was originally considered in 1992. In response to residents' concern over potential traffic from various developments in the surrounding area, the City Commission approved a staff recommendation to initiate a trial closing of Palm Square in March, 1992. On March 24, 1992, the Commission reversed that decision and directed that a traffic analysis first be performed and a recommendation made to the Planning and Zoning Board. On May 18, 1992, the Planning and Zoning Board reviewed the analysis and recommended that the City Commission not pursue the closing of Palm Square. On May 22, 1992, the City Commission concurred with the recommendation of the Planning and Zoning Board based upon the low number of vehicle trips on the street. The most recent request for the closure of Palm Square was generated by the Palm Square-Marine Way Homeowner's Association in April, 1995. The problems identified by the association included traffic volumes and speeding. On June 19, 1995, the Planning and Zoning Board reviewed the request and unanimously voted not to permit the closure due to the inability to make positive findings with respect to the Comprehensive Plan, the low amount of traffic on the street, and the adverse effect the closure would have on the surrounding areas (especially S.E. 7th Avenue). At the time of consideration by the Planning and Zoning Board in June, 1995, the City Commission was not required to review the closure of Palm Square. The current street closure procedures (adopted in March, 1996) require review by the Board and Commission. As the attached staff report indicates, the traffic data collected did not indicate a significant problem with respect to the number of vehicles using Palm Square. In addition, it was stated closure of_Palm Square would adversely affect adjacent streets as they would have to accommodate additional vehicle trips. Therefore, it is unlikely another request for closure of Palm Square will be entertained. Attachment ♦ Planning and Zoning Board Staff Report Dated June 19, 1995 MEETING OF: JUNE 19, 1995 AGENDA ITEM: III.A. CLOSURE OF PALM SQUARE ITEM BEFORE THE BOARD: . The item before the Board is that of consideration of the temporary closure of the Palm Square right-of-way, located south of Atlantic Avenue between S.E. 7th Avenue and the Intracoastal Waterway. This action is being considered pursuant to the City's policy and procedures for street closures. BACKGROUND: A request to close Palm Square to through traffic was originally considered in 1992. Due to resident's concerns over potential traffic from various developments in the surrounding area, the City Commission approved a staff recommendation to initiate a trial closing of Palm Square in March, 1992. On March 24, 1992 the-Commission revefs d that decision and directed that a traffic analysis first be performed and a recommendation made to the Planning and Zoning Board. On May 18, 1992 the Planning and Zoning Board reviewed the analysis and recommended that the City Commission not pursue the closing of Palm Square. On May 22, 1992 the City Commission concurred with the recommendation of the Planning and Zoning Board based upon the low number of vehicle trips on the street. This most recent request for the closure of Palm Square was generated by the Palm Square- Marine Way Homeowner's Association, as described in their letter of April 9, 1995 (copy attached). The problems as reported by the Association include traffic volumes and speeding. The process for reviewing requests for street closures is addressed with the City's Policy for • Addressing Neighborhood Traffic Issues. The process is: 1. Authorization to proceed with temporary closure by the Planning and Zoning Board. 2. If approved, a traffic and neighborhood impact analysis to be conducted during the closure period. 3. Consideration of the analysis by the Board and a decision as to whether or not to make the closure permanent. III.A. P &Z Staff Report `� 1 Palm Square Closure Page 2 ANALYSIS: Pursuant to Traffic Element Objective B-1 within the City's Comprehensive Plan, Level of Service "C" is established for the Delray Beach street system. While a level of service has been established, no vehicle counts have been done to establish the level of service "C" volume for local streets. • Pursuant to Traffic Element Table T-la (Treasure Coast Regional Planning Council's Level of Service Standards), a two lane roadway can carry 13,100 daily trips at Level of Service "C". However, conventional traffic engineering standards hold that the residential character of a street is deteriorated when the street carries over 2,000 daily trips. Beginning at 3:00 PM on Monday, March 13, 1995 and ending at 3:00 PM on Tuesday March 14, 1995, traffic counters operated on Palm Square between East Atlantic Avenue and S.E. 1st Street. The results generated from these counters are as follows: * There is a total of 891 trips traveling on Palm Square within a 24 hour period(420 southbound and 471 northbound); * 515 (57%)of the total 891 vehicles travel in cess of the posted speed of 25 mph; As can be seen from the above results, Palm Square is operating well below its prescribed level of service and traffic is within an acceptable range for a neighborhood street.. However, there appears to be a significant problem with respect to speeding. Regarding the closure, requests for comments were sent to the Police Department, Fire Department, Engineering Department, and Public Works. The Police Department supports the closure as it would curb the speeding problem and end the left turn movement from Palm Square onto East Atlantic Avenue. The Fire Department does not object to the closure provided that a fire hydrant is installed to serve the commercial area south of Atlantic Avenue and adequate emergency access via a cul-de-sac or stabilized street end is provided (the fire hydrant is a planned improvement of the proposed Northern Trust Bank at the northwest corner). The Engineering Department states that if the closure is approved, proposed water main improvements by Northern Trust Bank would need to be installed prior to the closure. Pursuant to LDR Section 6.1.2(B)(4)(a), dead-end streets without provision of a turnaround are prohibited due to the need for an adequate emergency turnaround area. Per code, the minimum diameter needed for a cul-de-sac turnaround is 100 ft. Currently, the Palm Square right-of-way exists at a total of 40 ft. Consequently,not enough area exists to create an adequate turnaround, as the area where the closure most likely would be located (the northern transition between the commercial uses and residential uses) is developed with single family homes, a commercial parking lot, and vacant property recently approved for a bank. As an alternative to a cul-de-sac, P &Z Staff Report Palm Square Closure Page 3 a stabilized access through a gate for emergency vehicles could be provided. However, this proposition virtually eliminates the ability to provide a landscaped type closure which would be visually appealing. It also would not address the problem of an insufficient turnaround on the south side of the closure, where vehicles heading north by mistake would have to back down the street or use private drives to turn around. Closing Palm Square would most certainly adversely effect S.E. 7th Avenue. S.E. 7th Avenue is located one block to the west of Palm Square. If Palm Square is closed, most of the traffic that used Palm Square will then use S.E. 7th Avenue. S.E. 7th Avenue consists of a mixture of single family homes and multi-family structures. Parking for most of the multi-family structures backs out onto S.E. 7th Avenue. While this is a hazardous situation that is not allowed today,the back out parking is an existing arrangement that cannot be readily corrected. Adding more vehicle trips onto S.E. 7th Avenue will only exacerbate an already hazardous condition. In comparison to approved street closures at S.W. 9th Avenue, N.E. 5th Street, and N.E. 3rd Street, Palm Square has less total right-of-way (all three have a total of 50 ft.) and has a definite emergency turnaround problem. Emergency turnaround for all three closures at S.W. 9th Avenue, N.E. 5th Street, and N.E. 3rd Street are accommodated by adjacent public alleys. No such public alley exists adjacent to the Palm Square, right-of-way which could provide an alternative route for emergency vehicles. The issue of street closure is addressed within the City's Comprehensive Plan through the following: * actions which enhance the stability of residential neighborhoods, * mitigation of the adverse impacts which exist between commercial and residential land uses, * the control of traffic from commercial land uses through residential areas, and * actions which mitigate the improper use of substandard facilities. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was completed and the following areas are applicable. Traffic Element Goal Area"C": The City's transportation network shall focus upon avoiding congestion and accommodating short trips. The grid street system that is utilized in the downtown area lowers traffic on all streets by offering different alternative routes. If Palm Square is closed, its daily trips will be rerouted onto the adjacent roadway system,thereby adding further congestion. In P&Z Staff Report Palm Square Closure • Page 4 addition, individuals who reside along Palm Square will have a greater distance to travel to the beach and service areas. This is in direct opposition to the above stated goal. Traffic Element Policy C-1.1: Through and non-residential traffic travel shall be limited and/or restricted in stable residential areas. As the Palm Square-Marine Way neighborhood is classified as a stable area on the City's Neighborhood Categorization Map,this policy applies. However, as stated above Palm Square is currently operating well within the prescribed levels for a local road. REVIEW BY OTHERS: Those property owners who will most be affected by the closure (properties on Palm Square and S.E. 7th Avenue) as well as surrounding homeowner's associations have been provided with a courtesy notice. A notice was also mailed to the Beach Property Owners Association. Any letters of objection will be forwarded to the Board for review. The Community Redevelopment Agency reviewed the closure of Palm Square on June 8, 1995. The Agency has concerns that the closure would negatively affect the traffic circulation pattern in the area. The Agency also has concerns with the attr c$iveness of any proposed closure structure. The CRA stated that with an attractive design,they could support the closure. The Downtown Development Authority reviewed the closure request on May 31, 1995. The Authority also has concerns with the negative traffic impacts which the closure could impose upon the downtown and adjacent residential area. Support from the DDA was withheld, due to the above concerns. SUMMARY: While a number of residents on Palm Square are concerned with the number of vehicles using the street, the traffic data that has been collected does not indicate a significant problem. If Palm Square is closed adjacent streets will then be adversely affected, as they will have to accommodate the additional vehicle trips. Data that has been collected shows that the grid system in general and Palm Square in particular are functioning as they should. ALTERNATIVE COURSES OF ACTION: 1. Direct that the temporary closure be put in place. 2. Continue with direction. 3. Find that it would be inappropriate to make a closure. P &Z Staff Report > Palm Square Closure Page 5 RECOMMENDED ACTION: By motion, find that it would be inappropriate to close the Palm Square right-of-way due to the inability to make positive findings with the Comprehensive Plan, the low amount of traffic on the street,and the adverse effect the closure would have on the surrounding streets. Attachments: * Location Map,Request Letter&Letters from the Public Y:PLMSQPZ.DOC • - - _ _ =- I LI ILI_ :4'11 N..L--� ( JD__.1 L J L 1 I IS T. 1 I I _ —, .---tr--- 04 — 0 f z z !¢- o0 0 J am3> om= t N.E. 1ST C.T. z laQ 7 o. o, ( F— a 0 z a llll _ _- N.E r 1ST �+ ST. -CC CONK' — Nil ill MI MB0 • ME 6 MI M. Q MI MIN mg_ — = cr J w._ Mr• � i N W 1I .1 gm ATLANTIC VETERANS Zl WUPLAZA P� m • • . AT.LAN TI C AVENUE r-i • 1 I 1 II WATERWAY EAST • COMMERCIAL MI _ CONDO — > �> ri, BAR �— Q Q A HARBOUR oa .____ - _� . CONDO i S E 1ST Si ` :— 111111 _W= Ell— • =Mr pitoposEctof / :. / - Mil OM Ell Ell Ell mg MI .— IN GRAHAM AVENL S.E. 2N0 ST. .fir OCEAN rs SEAGATE - - TOWERS `_,N ASS A. TT �— I I F N - • ''mmr` PALM SQUARE CLOSURE PLAM INC DEPART)4ENT QTf Or DEIRAY BEACH. FL -- war At OASE LAP SYS7E7.4 -- 1) PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION DELRAY BEACH. FLORIDA 65 Palm Square April 9, 1995 Delary Bch, Fl . 33483 To: David Harden, City Manager From: Alieda N. Riley, Chairman, Palm Square/Marine Way Homeowners Assoc . - We request that Palm Square--an historic, single-family, one-block long street--be closed at the north end due to the heavy, speeding traffic we now experience. This condition will become worse when Northern Trust builds a bank building with rental offices on the second floor—adding 980 trips per day. The closure could easily be accomplished by a turnaround between the commer- cial and residential sections, leaving come-and-go traffic (off Atlantic Ave- nue) at the north (commercial ) end of the street . The Historic Preservation hoard would not consider this request when the Northern Trust site plan was approved. We were told the street closure was a separate issue. Our main problem is the short-cut traffic we get from Atlantic Avenue and from the eastbound by-pass. The city has set a precedent by closing N. E. 3rd Street and N. E. 5th Street to eliminate short cut traffic from N.E. 8th Street . Leav- ing N. E. 1st, 2nd, 4th. 6th and 7th streets to absorb the traffic . In our area, Palm Square is the main artery. as . all the other north and- south- bound streets have traffic lights most motorists try to avoid. The traffic ans out from Palm -Square to- the sc-..u-th., -Via. -S E— 1st Street, through the arina Historic District . It is not only the amount of traffic that concerns us,: but also the speed at which the cars and trucks travel . . Enclosed - is a copy cit a memo and the traffic count showing -speeds at which vehicles were traveling. On Palm Square, the 85 percentile is 39 MF'H with 515 of a total 891 vehicles traveling in excess of the posted speed of '25 MPH. It must be noted that a majority of the traffic occurs during the daytime hours and at dangerous speeds--up to 50 MPH ! The chances for accidents become very real . Palm Square is only 27 feet wide and some of the residents do not have off- street parking: plus most quests must park on the street. This does not even leave room for two-way traffic . Closing the street would also diminish cases of breaking and entering. The city MUST be interested in maintaining the safety and preserving the residential character and property values of a street with the Charm and his- toric ambience of Palm Square. Please study c.ur request -- come to the street . experience the problems and address them. Sinc ely, A d N. Riley, Chait an cc: Mayer Thomas Lynch Randee holder, Chairman, Planning/Zoning Board D Dianne Dominguez , Director . Planning/Zoning Dept Cgalt Major Rick Lincoln, Delray Beach Police Dept . Patricia Cayce, Historic Preservation Planner Z 0 V ppR ANON% , June 12, 1995 Hand-delivered TO: Delray Beach Planning & Zoning Board Randee Golder, Chairperson; Karen Kiselewski, Vice-Chairperson; Carolyn Young, 2nd Vice-Chairperson; Fred Bonardi; Louis Carbone; Bill Schwartz; Frank Wheat; Diane Dominguez, Director of Planning and Zoning. FROM: Richard Raab, 50 Palm Square RE: Proposed Closure of Palm Square Thirteen of my past twenty years as a Delray resident has been at the above address. Having been retired for a few years, I spend my early - mornings reading newspapers at our front window facing Palm Square. I instinctively look up each time a car passes by. . .I look up very seldom because the traffic is very light for a downtown street. In short, there is not now or never has been a traffic problem on Palm Square, except on Delray Affair days. Three years ago, when the City Commission came to this conclusion and unanimously dropped. a similar request for closure, the City' s then Traffic Engineer, Greg. Lutrell, conducted an exhaustive traffic study of :___Palm Square and authored a comprehensive_ findin,, with options and recommended to the Commission that the matter be dropped, on which the Commission concurred. Now, three years later with no basis in fact, the same person has caused the city staff to expend its overburdened time to produce yet another traffic study of Palm Square that is almost identical to the study performed three years ago and the results indicate the same low LOS (Level-Of-Service) . This year's traffic count is 891 vehicles per day which according to traffic experts is "low in character for a residential street" even though Palm Square is a downtown street of which 45% of the block is commercial property. In Greg Lutrell's findings three years ago, he states that a residential street could carry over 2000 daily vehicles before becoming significantly deteriorated. I urge the Board to ask the Planning Director to delete this frivolous closure request from your agenda which is packed with items so important to our great city and to further shun any request for Palm Square closures in the future. Respectfully submitted, iisa.\) q5 encl: SE 7th Ave residents' petition Q�,P • June 15 , 1995 Mr. David Harden, City Manager City of Delray Beach Dear Mr . Harden : I 'm writing this short note to express to all concerned that as a home owner at 33 Palm Square, I favor the closing of this street . I am aware it currently is only considered on a trial basis ; and as a property owner I am willing to contribute to the required landscaping. Also . I am aware that you have been advised of the many reasons we back this closure either through letters from our homeowners association --or meetings--r have attended; • therefore �! see no need to go over them, but express my agreement with them. • Thank you for your consideration . Sincerely, C. Jeanette mnick cc: Mayor Thomas Lynch andee Golder, Chairman, Planning/Zoning Board Dianne Dominguez, Director , Planning/Zoning Department 75cgawED Jo 16 1995 pu\NN1NG &ZONING /4_ ' --7 ;,0 - S Caa_c_.6 69 - / Ci- q_ 1-&3_,5_, Pte__,..j.._aA,) .i cr-).4-1-1-3' fl--Q__-1, . lb.-xja_T1 . --j---4 '---(1---- --6) .t_ (14-D- - LR0 S I:: Clit:1Q-.1"-P,--- . 1_1,)-0,_,L)1,1.-.) tk_sL.- 1 (0-- i 23---)_ `I tt-• C ,..a),, L,;_, . i! t9s59 , A...„..,_,.., kiL JL -t-i---- A--0----Q_-&-yt-t_H J > i! \ ,Q,t- 5 ---Qizs-c_;._._. 0-,,,_) rcs_rv.__ • 1 ..5 Li L-11L) !, i 1 . 1 -DJ....7. It,__Lt__ _. Gd I ict,_) L.,./. 1 i . 1 ya. 1 -3C. -tksz___ II i1 N-sz---a_.,<-D-.-v•-c_a_a iv.). bi-Lh.) ' -Z-4!)-cl 6-( `1 • . i ,c), OL.,"_) N,QA,9 Q--Ce\-- __)zitAq_sa_. UQ---tk -__,_ i! t/-- - i CL-'' 16,-L-,-,- --. f• 'O. 11 ic \I SUN 1' , ,,, — 6,,,, ,,___ li LI- s _L - --(-/, _ ap,_ !pv_PO'' se—g—L—L-- ,.D—kJ 1 )� 3 l� DELRAY BEACH bled AII•AmericaCity AGENDA 1993 HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: February 19, 1997 Type of Meeting: Regular Meeting Location: First Floor Conference Room Time: 6:00 P.M. 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. Pursuant to F.S.286.0105. I. CALL TO ORDER II. APPROVAL OF MINUTES • February 5, 1997 III. CERTIFICATES OF APPROPRIATENESS A. COA-305 222 S.E. 7th Avenue, Contributing Single Family Residence, Marina Historic District. Peter Butt, Owner. Change in Siding Material from Wood to Vinyl. B. COA-068-Continuation, The Goodwill Store, 95 N.E. 1st Avenue, Noncontributing Commercial Building, Old School Square Historic District. Installation of Three Wood Signs; East, West and North Elevations. C. Pre-Application COA-296-Continuation, Banker's Row Grille, 29 N.E. 1st Avenue, Old School Square Historic District. Jerry Vanhille, Owner. HPB Meeting February 19, 1997 Page 2 Review Elevations Associated with the Conversion and Enlargement of a Commercial Building to a Restaurant with Two Residential Apartment on the Second Floor. IV. DISCUSSION AND ACTION ITEMS A. Community Redevelopment Agency Proposal for a Facade Easement Program. Chris Brown, Director, CRA. V. REPORTS AND COMMENTS A. Reports from Historic District Representatives B. Board Members C. Staff VI. ADJOURN Ai—giczo Pat Cayce Historic Preservation Planner POSTED ON: February 13, 1997 file/u/agenda/hpb2-19 MINUTES OF THE HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH DELRAY BEACH,FLORIDA PUBLIC HEARING MEETING DATE: FEBRUARY 19, 1997 LOCATION: FIRST FLOOR CONFERENCE ROOM I. ROLL CALL: The meeting was called to order by the Chairman at 6:00 P.M. Upon roll call it was determined that a quorum was present. MEMBERS PRESENT: Chairman Vaughan, John Johnson, Vera Farrington, Susan Hurlburt, Betty Diggans MEMBERS ABSENT: Debora Turner STAFF PRESENT: Pat Cayce, Diana Mund II. APPROVAL OF MINUTES: The Minutes for the Regular Meeting of February 5, 1997 were before the Board for consideration. Ms. Farrington moved to approve the Minutes as presented. The motion was seconded by Ms. Hurlburt and passed 5-0. III. CERTIFICATES OF APPROPRIATENESS: A. COA 97-305: 222 S.E. 7th Avenue; Contributing Single Family Residence; Marina Historic District; Peter Butt, Owner. Item Before the Board: The action requested of the Board is that of approving a COA for a change in siding material from wood clapboard to vinyl. It was moved by Ms. Farrington, seconded by Mr. Johnson and passed 5-0 to deny COA 97-305 based upon failure to make positive findings to LDR Section 4.5.1(E)(9) and the Design Guidelines. B. COA 8-068 Continuation: The Goodwill Store; 95 N.E. 1st Avenue; Non- contributing Commercial Building; Old School Square Historic District. Item Before the Board: The action requested of the Board is that of approving a COA for the installation of three wood signs on the east, west, and north elevations. It was moved by Mr. Johnson, seconded by Ms. Hurlburt and passed 5-0 to approve COA 8-068 Continuation as presented based upon positive findings with respect to LDR Section 4.5.1(E), to install 3 non-illuminated, single faced, sandblasted, painted wood wall signs as follows: 1. All signs will have a turquoise background, with white text and a blue logo; 2. The east elevation (over the rear entrance door) sign is 4' long x 2'3" high; 3. The west elevation (front, N.E. 1st Avenue) sign is 18' long x 3' high; and, 4. The north elevation (side, N.E. 1st Street) sign is 15' long x 2'8" high. C. COA 97-296 Pre-Application: Banker's Row Grille; 29 N.E. 1st Avenue; Non-Contributing Commercial Building; Old School Square Historic District; Jerry Vanhille, Owner; Laurence Lane, Architect. Item Before the Board: The action requested of the Board is that of a pre- application review and comment on a proposal to convert a commercial structure to a restaurant, with a second story to be added to accommodate two residential apartment units. The Board previously reviewed this item at their October 2, 1996 meeting, and at their February 5, 1997 meeting. The Board encouraged the applicant to proceed with the plans provided at the meeting and made the following suggestions: 1. That windows be added to the first floor portion of the south elevation; 2. That the landscaping plans be revised to provide horizontal plantings to the areas of the blank wall on the north elevation; and, 3. That a pedestrian/handicapped access be provided from the CRA parking lot to the concrete walkway on the northeast portion of the building. IV. DISCUSSION AND ACTION ITEMS: A. Community Redevelopment Agency Proposal for a Facade Easement Program; Chris Brown, Director of the Community Redevelopment Agency (CRA). Mr. Brown explained that the CRA had allocated $100,000 in its 1997 budget for the purposes of financing facade easements. The CRA will be sending out RFPs, the buildings being considered are: Huber Drugs, The Cathcart Building (Sal's Sport Shop), and Powers Lounge. It will be necessary for all buildings receiving facade easements to be listed in the Local Register of Historic Places. -2- 02/19/97 V. REPORTS AND COMMENTS: A. Reports from Historic District Representatives Ms. Riley stated that the traffic counters were not in place for the Palm Square traffic count. Ms. Cayce explained that at the February 13, 1997 DSMG Meeting it was determined that another traffic count would be done. However, there were other traffic counts previously scheduled and a limited amount of traffic counters, thus, it would be sometime before the traffic count could be done. Mr. Johnson stated that he wanted to know a definite date as both he and Ms. Riley felt the numbers would be meaningless if not calculated during the winter season. B. Board Members None C. Staff Ms. Cayce informed the Board that their letter of objection to moped rentals in the Central Business District would be attached to the Planning and Zoning Board's staff report for their February 24, 1997 meeting. Ms. Cayce informed the Board that the COA for Michael Weiner's property at 275 Swinton Avenue had expired on November 3, 1996 and she was turning it over to Code Enforcement. VI. ADJOURNMENT: There being no further business before the Board, Mr. Johnson moved to adjourn the meeting at 7:25 P.M., seconded by Ms. Farrington and passed 5-0. The undersigned is the Secretary of the Historic Preservation Board and the information provided herein is the Minutes of the meeting of said body for February 19, 1997, which were formally adopted and approved by the Board on March 5, 1997. Diana�M nd 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. - 3- 02/19/97 Project Name: COA-305 Project Location: 222 S.E. 7th Avenue The action requested of the Board is that of approval of COA-305 to allow a material change for exterior siding from wood clapboard to vinyl. City records list the construction date as 1937. However, this house, one of four, is thought to have been moved from its original site on North Ocean Boulevard to the present location by Fontaine Fox's Reynard Realty Company in 1937. The applicant is proposing to cover the existing wood siding with parchment colored horizontal vinyl siding. • The Secretary of the Interior's Standards for Rehabilitation recommends that the original siding be maintained and does not recommend vinyl siding. Our Design Guidelines state that synthetic siding is inappropriate and should be avoided at all times. (See page 28 of the Guidelines, which is attached) The Board has approved vinyl siding for new construction. However, vinyl siding is considered inappropriate for historic houses as it contributes significantly to the loss of historic character by hiding the original facade. Furthermore, such -- siding can conceal signs of deterioration to the structural system of the house, allowing major deterioration to occur unnoticed. :.:.:;::;:.;;;.;<..::::::::::::::::::::::::::::::::::::::::::::::::::::::::....................................................:.. 1. Approve as presented. 2. Deny, with reasons stated. Meeting Date: February 19, 1997 Agenda Item: Ill-A • HPB Staff Report COA 305 Page 2 ::i:Si::i::::::i::::::<::i::i::::::::::i::i:::i<i:::;:::::::::::::::: :+::5:::::::::::::<:::';.::y:::.:;:;.:j•:.:::.::::.::.:::.;.;.::;.;:.: :.::::::.:::.:>.:::::::S:Y:::::y.:;;::�;::;:x::;;� n............................... .............. %: 1. 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N \ .� sue' W W t "a•o• R CD w , P g. g. g. O. SHINGLE STYLE — - - INAPPROPRIATE O. _ _ _ _ • Removing a major portion of wood from a facade instead 019 A —Square 1 of replacing or repairing the deteriorated wood, then B — Iishsc:ale J _ _ 1 reconstructing the facade in order to achieve a uniform or 01 C—Octagonal A. B. C. improved appearance. D— Cove E— Irregular I F-- • Stripping painted surfaces to bare wood, then applying F— variegated — clear finishes to create a natural look. gra go T I 1 , • Failing to find the causes of wood deterioration, i.e. faulty • D. E. F. flashing, leaking gutters, cracks and holes in the siding, i deteriorated caulking in joints and seams, plant material !M WALL CLADDING TYPES and weeds,or insect and fungus infestation. Dry wood and 9D Subterranean termite inspections and treatment should be ,1 A— Clapboard • 01 B— Flush Shiplaps Joint routine with wooden structures. • Creating a false architectural appearance because of insuf- • OD c— Tongue &Groove • I ficient documentation,or introducing a new wood feature gle D— Board& Batten A. incompatible in size, scale, material, and color. 06 ry � • Synthetic sidings should be avoided at all times. They �- , °� � conceal original building materials. Most heat loss occurs 0 - — . — due to windows, doors,attic functions (80%,as heat rises), B. — - thus siding is not important as an insulation material. _ _ , Weatherstripping doors and windows and insulating the 0 attic are far better choices. These materials mask the advance of termite infestation or wood rot. Severe moist- "'""""""" ""'' ure problems may occur because siding traps moisture in , the wall cavity. _ • Also, siding adds to the expense of roof replacement at a SOas J \"-„,' later date because it must be removed at the sides of g dormer windows and above porches to install new roof } flashing. Importantly,it can be a fire hazard.Aluminum acts •woo "` ; I like an oven wall, intensifying heat. Vinyl emits poisonous C ,` D. �~ � gases as it burns, at the same time it hides the path and - .. . wi a. direction of fire as it travels along the walls. Vertical batten boards offset the horizontal 0 clapboards and shingle patterns. 28 4 • Project Name: COA-068-Continuation Project Location: 95 N. E. 1st Avenue The action requested of the Board is that of approval of COA-068-Continuation for the installation of new wall signs for the Goodwill Store. The building was constructed in 1950. It has been occupied by the Goodwill Industries for a number of years. The proposal consists of installing 3 non-illuminated, single faced, sandblasted, painted wood wall signs as follows: The west elevation (front, N.E. 1st Avenue) sign is 18' long x 3' high. The north elevation (side, N.E. 1st Street) sign is 15' long x 2'8" high. The east elevation (over the rear entrance door) sign is 4' long x 2'3" high. All signs will have turquoise background, white text and blue logo. The front and side signs are slightly smaller than the previous signs. The building has recently been painted in an approved pink/peach. The sign color will be appropriate with the body of the building. The signs were approved by the sign Review Committee at its meeting of February 7, 1997. Meeting Date: February 19, 1997 Agenda Item: Ill-B HPB Staff Report C OA-068-Co n ti n uatio n- Page 2 1111•1101111,WENEWinteargrivggerousionsommileminamemmagoi 1. Continue with direction. 2. Deny, with reasons stated. 3. 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E.,�. to S6' $e•^ /=,}d:4'^ /G- so 40 _ atc• :4-.6• - 3 27e' 5o 7 /4 � /2� 3 3 - -- -14 / 1. t. /3s 2 8 3 IIIII g _ 0 _--2 ^8 0 9 - • 4 .. 4 4 52WM • 4 60 /o = N I it' W H II 1 10 6 i t r - i r- 6 si /2 '' 7 Z • N ffi 4. rif#E ^/3r.6 r3r.c•n O r /25 /35' " ^ 135' rat.".!, I I I I i I I- ( Y I B g1.13,ixo.t:it.30 � 1so.71,6... /3 ; 14 I /5 f /6fl _!3I /4 1 /5I/6 /3 /4 /s /6 /7 /8 i.,,,,,4.4l3 /4 /5 _ , � G�6I Iade 33' Zri+ "� •M -A rL ANTIC :, v - --+ / . : ' , , I , ' 1 • 1 I 1 / I I I 1 4631_ - 1 - - ._I 7 ' I - I -I4' 4 96 7'Ca' . r , 1 f I •R , .. 1T 4I3 iZ /� a/ 2 3 i4 5 6a $/ 2 3 i . 1= . - .3) I , /Y' ' 135' 135' 6d ) ),96.e.: 3 too' '•DELRAY BEACH ATLAS ROBERT E. OWEN & ASSOCIATES, INC. • •'..----_ --•-r-.._...............3/_.:..11.e meet authentic Information available. •'f v :Sj;?:;:::::i:::': �....:....i:::.'i?: �..•--�.��:vi:-:-:L--�:{{-{r}}}isC..i=.:i::��'�•��::'.::iisiniiiiiiif:�:::isi::::i::isisL::::::i::isi::ii::::::::::i::iii:_::i::ii.iiiiiiiii:ii v:ii:?<:i �'��.'.......'..::'....:.......:.......•.:....•..''.:-:-...._..:::�'}::}i:�i:�:j:.....:.:ji+:�: :.::{.���ii�i:.i�!��i::::{•};:{���:i:::�.i::::::::::::fl}�:i:}:ii.''::::.::::ii?:i•'f�:i::i:i::::iiii••:.������'___�._.ii Project Name: Pre-Application COA-296-Continuation Project Location: 29 N.E. 1st Avenue The action requested of the Board is that of review and comment with respect to the elevations associated with COA-296-Continuation. No formal action is required. The applicant is proposing to enlarge an existing commercial building to accommodate a restaurant and to add a second story which will contain two residential apartments. The elevations came to the Board for a pre-application review on October 2, 1996. At that meeting the Board felt that two distinct styles were present in the design. The formal and classical elements; broken pediment, quoins, cornices and columns conflicted with the vernacular metal standing seam roof. The Board recommended that the applicant consult with his architect to resolve the problem. Revised plans were presented to the Board for a "pre" pre-application review on February 5, 1997. The Board was not enthusiastic about the revised elevations, and felt the building lacked a definitive style and contained too many mixed architectural elements. Additionally, the Board did not support the fiberglass shingle roof, as the roof is such a prominent architectural feature of the building. Since that review, I have met with the architect, Laurence Lane, who will be present at the meeting. We discussed some possible changes which would tend to reinforce the British Colonial revival style; as follows: All columns, quoins, parapet bands, window headers and sills will have a natural keystone finish. The roof will be changed from asphalt to white "thick" butt cement tile. A round window will replace the center window on the second floor, front elevation. The broken pediments will be replaced with one additional plain stepped parapet. Windows will be factory Meeting Date: February 19, 1997 Agenda Item: III-C ti HPB Staff Report Pre-Application COA-296-Continuation Page 2 finished white aluminum, the walls will be cream/buff and the doors, shutters and porch railing will be an accent color. Mr. Lane and I discussed removing the Indian head logo on the sign and using simply the text "Banker's Row Grille" in neon on the front top parapet. Sketches of the facade changes will be available at the meeting. file/u/ww/coa296cp • • _ • (� a. ] ~ j l:� tr.�• a »,••. `• y .. .. .h �' �:y a .,.�'.� ‘::°te-.a Ya�,-tf.—::- - - :cti .►� � it =:r;�% _ 1 il� i f r _ _� , ... _ .. ' .1� ; __;111 II - .,' .3•••"4.•I"a/ 1 ` — _ .' i.„*.^' ,t fa P' '• :\'•'�•'+'.•s•... •�.��. ,jam___ �Tir ems'' - _ _ri _. _ ._- - ~ / A At L - F: — CITY - ATTORNEY _ _ BUILDING z - MARTIN LUTHER KING JR. BLVD. N.E. 2ND ST. — ce _cc Z w __ — N N Z in Z If W I:.> m CITY Q n — Z HALL N r _ N.W. 1ST ST. N.E. 1ST ST. i Z 'COMMUNITYz CENTER Z .' OLD Z SCHOOL ■ i • SQUARE 1111 _ TENNIS ui I STADIUM IIIILI _ Illiji Ill/Ill <<A 1 I ATLANTIC .....__ SITE AVENUE SOUTH I COUNTY Z COURT OMI HOUSE // > > Z > > > a� a a a l.i mom- T aimmi I 1 immna S.W. 1ST ST. S.E. 1ST ST. e N V7 - In ci S = •Q� a ui cc ui M 3 3 ui 47 w Vl In ui (n VI N S.W. 2ND ST. S.E. 2ND IIII I1111111 � I I I HIM 11 r�nrni__ IInr N -.mmar- 29 N.E. 1ST AVENUE PLANNING DEPARTMENT COA-2 9 6 CITY OF DELRAY BEACH, FL -- D/C/TAL 0.4S£IMP SYSTEM -- MAP RCI: LM 104 t. $ HISTORIC FACADE EASEMENT PURCHASE A PROGRAM OF THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY 54 . ,� V _ r] -9a ii %F= i • 'fi v .w- t i I] R I IL " II -. S 7 ' ' - --s 278 gi, -. - -- *26 -- - : - .: �. i = is Delray Beach, Florida February, 1997 4 I. Introduction to the Program. The Delray Beach Community Redevelopment Agency("CRA"), a tax increment financing district, created by the City of Delray Beach, Florida, in 1985,purchased its first historic facade easement in 1993 from the owners of an historic service station on Atlantic Avenue. The purchase resulted in the restoration of an historic structure and in the creation of a new business on the Avenue. The CRA approved a Redevelopment Plan on December 1, 1992, which adopted an historic facade purchase program.The purchase of historic facade easements is an innovative method to eliminate blight and one which is being utilized in many communities in the United States. The purpose of a facade easement purchase is to preserve an important historical structure and to encourage redevelopment. The CRA has budgeted in its current year, 1997, redevelopment plan$100,000 for the purchase of historic facade easements. The Standard Oil service station at 301 East Atlantic Avenue was identified as a property for an easement purchase, and the CRA paid $25,000 for the facade easement.Numerous inquiries by property owners concerning facade easements resulted from the publicity generated by the service station's restoration. On January 23,1997, the CRA discussed the adoption of a formal program for the sale and purchase of facade easements, described in this document. In summary, a property owner whose site or structure lies within the CRA district may respond to the agency for the sale and purchase of an historic facade easement after the CRA publishes a Request for Proposals ("RFP"), which it proposes to do in 1997. The purchase terms include the requirement that the site or structure meet all the guidelines for an historic site designation set forth in Section 4.5.1 of the Land Development Regulations of the City of Delray Beach. The CRA Board of Commissioners will decide on easement purchases, and all purchases are subject to available budgeted funds. -2— II.The Program A. Eligible Structures or Sites: Any historic structure or site located within the CRA district is eligible for a facade easement sale and purchase,subject to criteria set forth herein. If a structure has been moved to a site outside the district and the applicant wishes to relocate the structure to a site within the district, special consideration may be granted. The definition of an historic structure will be determined mutually by the City of Delray Beach Historic Preservation Board and the CRA. Generally, historic would include any architecture of significant structure where age is at least 42 years old. B. Criteria: The applicant must complete the provisions set forth in Section 4.5.1 of the Land Development Regulations, establishing a local (City) designation of an historic site. The site may be "associated in a significant way with the life or activities of a major person important in the City, State or Natural History". In addition it may be "the site of an historic event". It must represent an important architectural style and contain outstanding quality of"design, detail, material or craftsmanship". The site need not be listed on the National Register of Historic Plans,1 but special consideration will be given in the CRA Board's decision to purchase a facade easement if the applicant intends to register the property nationally. Please see Appendix A for the City's regulation on the designation of historic sites. C. The Historic Easement and the Purchase and Sale Agreement: (Refer to Appendix B and C for examples of the Historic Facade Easement document and for the Sale and Purchase Agreement.) The facade easement, in summary, is a conveyance by the property owners (Grantor)to the CRA, (Grantee), granting certain rights regarding architectural control, maintenance, signage, demolition, and other issues. The easement runs with the property and remains in full force and effect with future property owners. The easement is subordinate to no mortgages and is maintained in perpetuity. The grantor must pay the property taxes and maintain appropriate insurance. The purpose of the easement is to assure the preservation of the historic structure. The acquisition sets forth the terms and conditions of the sale and purchase of the easement. The agreement contains provision for method of payment and for other contractual issues in the sale of real property. 1 U.S. Department of Interior, Historic Preservation Act, 1966, as amended. f —3— D. Value of the Easement: The property owner must in its application provide a detailed cost breakdown of the redevelopment costs associated with the rehabilitation of the site. The costs must be derived from architectural drawings,estimated by a licensed general contractor.The architectural drawing may be preliminary as well as the general contractor's estimate. Once the applicant has received preliminary approval of the facade easement, as evidenced by a preliminary commitment letter issued by the CRA, final architectural drawings must accompany the agreement. The applicant may request the total cost of historic rehabilitation or a partial amount. The CRA Board may grant a full request or a partial. E. Application Procedure: The property owner may request at any time by letter to the Director of the CRA the sale of a facade easement. The CRA Board of Commissioners may at any time grant a facade easement subject to available funds. The application must be generally complete(meeting the requirements of Section 4.5.1 Land Development Regulations of the City of Delray Beach). There is no assurance that the Board will purchase any easements. The application letter must have as an exhibit, information organized in a format similar to that which was stated in the Flamingo Service Station historic site designation report (See Appendix D). The CRA will set forth in its preliminary commitment letter the terms and conditions of historic easement. Once the applicant has received a preliminary commitment, the applicant may proceed to provide the documentation required in the transaction including final architectural plus. The closing of the sale and purchase of the facade easements shall follow the approval by the Historic Preservation Board of the City of Delray Beach of a historic designation. All other requirements by the City of Delray Beach must be followed, such as building permits, community appearance approval and any other governmental requirements. F. Sites Previously Restored: The CRA Board may consider a site which has previously been restored within 2 years from the date of the application.The site must meet all the requirements set forth herein and the property must be in a state of good maintenance at the time of application. G. Funding: The CRA set forth in its Redevelopment Plan adopted on December 1, 1992, a five year funding for historic facade easements. However the CRA adopts each year in September the budget for historic facade easements and there is no assurance that any funding will be approved by the CRA. r y —4— H. Tax Abatement: No application will be considered if the property owner intends to apply for tax abatement. In addition,a successful applicant must certify that the property owner will not apply for tax abatement in the future. r I _-__ �ULFSTREAI.A BLVD. - __ ,� !. L • EDEN • J • I I ~ I '~ • ... -.1.-__ ._ 1 l .....- w * • .1 1 , _ SD _ _. _ .I•uu SOLI CIA. :: - 1 ._-. _ .- . .._ • r am• . . _ . `lig _-_. : I. ■ •-�. 9 d j ./.O / '. I .fir ::•• -- .� '• ' r l ¢ SI to __ .t e /4/ LAKE IDA /, Fr`ka . f :J __—' V i . . ,ii, . • ''... 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IR-74� � � - - • I �� — • L, I., ._ .MU"t T + rTbT '•j I IZI I � 7> > I • if� �: ,, .4 Tit -71-14, ,b-,---;:—:.: ,:---:,rii-rrp—'1 r--.— — TrI�- � . i , �� 'I - I ;I ` �s T. x : •: • it=e! ..t.:1, Hri,..2.1,/n, i t l l 1 1 =L=T- ' 1•• JI • ai.maa.aYifY..i....ILIK La.....IRi W.i..... .I.I.._: ,. .. . 7� T S IUIT1 SI:r m.. -T.I' . - . COMMUNITY REDEVELOPMENT AREA COMMUNITY REDEVELOPMENT PLAN - FIGURE 1 THE CITY OF DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY .C41.I Ills III : i t 1 . 5 • '•. ..• .... .... ..I. r TABLE OF CONTENTS Description Page Map of the Community Redevelopment Agency District I. Introduction to Program 1 II. The Program A. Eligible Structures or Sites 2 B. Criteria 2 C. Historic Facade Easement 2 D. Value of the Easement 3 E.Application Procedure 3 F. Sites Previously Restored 3 G. Funding 3 H. Tax Abatement 4 Appendix A — City of Delray Beach Land Development Regulations, Section 4.5.1, "Historic Preservation Sites and Districts." Appendix B — Facade Easement Appendix C— Purchase and Sale Agreement Appendix D — Flamingo Service Station Description Report . APPENDIX A CITY OF DELRAY BEACH LAND DEVELOPMENT REGULATIONS, SECTION 4.5.1 HISTORIC PRESERVATION SITES AND DISTRICTS ARTICLE 4.5 ARTICLE 4.5 OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS The Districts described in this Article do not establish uses or categorize uses. These Districts, however, do regulate allowable uses in a manner to mitigate adverse impacts of such uses upon the natural or man-made environment; or regulate development so as to mitigate potential dangers to the use of such developed land, or to otherwise . implement policies and objectives of the Comprehensive Plan. Overlay and environmental management districts need not be shown on the Official Zoning Map. Section 4.5.1 Historic Preservation Sites and Districts: (A) General: In recognition of findings as set forth in the original enactment of Ordinance 13-87, passed March 10, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, state, and national history; that provide significant examples of architectural styles of the past; that are unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of the physical surroundings in which past generations lived; and other purposes. (B) Criteria for Designation of Historic Sites or Districts: (1) To qualify as a historic site, or historic district, or historic interior, individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site or historic district, the property or properties must fulfill one or more of the criteria set forth in division (2) or (3) below; to qualify as a historic interior the interior must fulfill one or more of the criteria set forth in division (2) and meet the criteria set forth in divisions (3)(b) and (3)(d). (2) A building, structure, site, interior, or district will be deemed to have historical or cultural significance if it meets one or more of the following criteria: (a) Is associated in a significant way with the life or activities of a major person important in city, state, or national history (for example, the homestead of a local founding family); (b) Is the site of a historic event with significant effect upon the city, state, or nation; 4501 SECTION 4.5.1 (B) (2) (c) (c) Is associated in a significant way with a major historic event, whetter cultural, economic, social, military, or political; (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history; or, (e) Is associated in a significant way with a past or continuing institution which has contributed substantially to the life of the city. (3) A building, structure, site, or district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria; except that to qualify as a historic interior, the interior must meet the criteria contained within divisions (3)(b) and (3)(d): (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (c) Is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder; or (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. (4) A building, structure, site, interior, or district will be deemed to have historic significance if, in addition to or in the place of the previously mentioned criteria, the building, structure, site, or zone meets historic development standards_as defined by_ and listed in the regulations of and criteria for the National Register of Historic Places, as prepared by the United States Department of the interior under the Historic Preservation Act of 1966, as amended, A copy of these standards for the National Register is made part of this section as if fully set forth herein. (C) Designation Procedures: (1) Buildings, structures, archaeological sites, or districts which meet the criteria for historic sites or districts set forth in Section 4.5.1(B) may be designated as historic sites or districts, and may be listed on the Local Register of Historic Places. (2) Nominations for historical site or district designation shall be made to the Historic Preservation Board on an application form developed and approved by the Board. 4502 ♦ I SECTION 4.5.1 (C) (2) (a) (a) Nominations for historic site status may be initiated by: (1) The Historic Preservation Board; (2) The City Commission; or (3) The property owner. (b) Nominations for historic district status may be initiated by: (1) The Historic Preservation Board; or (2) The City Commission. (3) The Board shall conduct a preliminary evaluation of the information provided on each nomination application to determine if it generally conforms with historic status criteria. The Board shall then prepare a designation report which shall contain the following: [Amd. Ord. 30-91 3/26/91] (a) proposed legal boundaries of the historic building, archaeological site, structure, or district; [Amd. Ord. 30-91 3/26/91] (b) any proposed conditional zoning regulations designed to replace or complement existing zoning regulations with regard to, but not limited to use, floor area, density, height, setbacks, parking, and minimum lot size; [Amd. Ord. 30-91 3/26/91] (c) analysis of the historic significance and character of the nominated property; and [Amd. Ord. 30-91 3/26/91] (d) analysis of optional historic interiors for those buildings and structures with interior features of exceptional architectural, aesthetic, artistic, or historic significance. [Amd. Ord. 30-91 3/26/91] (4) Upon completion and formal review of the report, the Board shall set a public hearing on each proposed designation. Notice of said hearing shall be made to the owner of affected property at least ten days prior to the hearing by certified mail. Additional notice shall be given in the same manner as provided for a rezoning action [see Section 2.4.2(B)(1)(b)] and by notice published in the newspaper at least ten days prior to the hearing. [Amd. Ord. 30-91 3/26/91] (5) Once the public hearing date is established, no permits shall be issued for any new construction, alteration, relocation, or demolition of the real property included in the nomination. This delay in the issuance of permits will remain in effect until one of the following takes place: [Amd. Ord. 30-91 3/26/91] 4503 SECTION 4.5.1 (C) (5) (a) (a) The Historic Preservation Board denies the nomination and no appeal is filed pursuant to Section 2.4.7(E); or, [Amd. Ord. 30-91 3/26/91] (b) The City Commission formally approves or denies the nomination. [Amd. Ord. 30-91 3/26/91] (6) After conducting the public hearing, if the Historic Preservation Board finds that the nomination fulfills the proper designation criteria and all procedures have been followed correctly, it shall vote on the designation. A majority of the entire Board, present and voting, must act in the affirmative to transmit the nomination and the Board's findings to the City Commission. The City Commission shall consider the recommendation through its standard ordinance adoption procedures, except that at least three affirmative votes of the City Commission is necessary to , make a designation. In the event that a directly affected property owner objects to the historic designation, the Commission approval shall require a super majority vote of four votes. [Amd. Ord. 30-91 3/26/91] (7) After conducting the public hearing, if the Historic Preservation Board does not find that the request fills the criteria, no further action will be required and the request will be deemed denied. However, an appeal may be filed and processed pursuant to Section 2.4.7(E). [Amd. Ord. 30-91 3/26/91] (8) The Board will issue an official "certificate of historic significance" to the owner of properties listed individually on the local historic register or judged as contributing to the character of a historic district listed on the local historic register. The Director acting as City Preservation Officer, or his appointee, is authorized to issue and place official signs denoting the geographic boundaries of each historic district listed in the local historic register. [Amd. Ord. 30-91 3/26/91] (D) Review and Approval Procedures: Once property is placed within a Historic District or designated as a Historic Site no development order shall be issued without first obtaining a Certificate of Appropriateness (C.O.A.) pursuant to Section 2.4.6(J) from the Historic Preservation Board. Obtaining a C.O.A. is required in addition to any other process which is required for the development application. (E) Development Standards: (1) For the purpose of this Section, exterior architectural features will include, but not be limited to the following: (a) The architectural style, scale, general design, and general arrangement of the structure's exterior; (b) The type and texture of building material; and 4504 SECTION 4.5.1(E) (1) (.c) (c) The type and style of all roofs, windows, doors, and signs. (2) The following shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner that will preserve the historical and architectural character of the building, structure, site, or district: (a) Buildings, structures, and appurtenances. (b) "APPURTENANCES" includes, but is not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, and signs. (3) In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factors. (4) A historic site, or building, structure, site, improvement, or appurtenance within a historic district 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. (5) Relocation of historic buildings and structures to other sites shall not take place unless it is shown that their preservation on their existing or original sites is not consistent with the purposes of this Section or would cause undue economic hardship to the property owner. (6) Demolition of historic sites,. archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts will be regulated by the Historic Preservation Board in the manner described in Subsection (F). (7) The construction of new buildings or structures, or the relocation, alteration, . reconstruction, or major repair or maintenance of a non-contributing building or structure within a designated historic district shall meet the same compatibility standards as any material change in the exterior appearance of an existing non- contributing building. Any material change in the exterior appearance of any existing non-contributing building, structure, or appurtenance in a designated historic district shall be generally compatible with the form, proportion, mass, configuration, building material, texture, color, and location of historic buildings, structures, or sites adjoining or reasonably approximate to the non-contributing building, structure, or site. (8) All improvements to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility shall be determined in terms of the following criteria: 4505 SECTION 4.5.1 (E) (8) (a) (a) Height: The height of proposed buildings or modifications shall-9e visually compatible in comparison or relation to the height of existing structures and buildings. (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and in direct relationship to the width of the building and to the height of the front elevation of other adjacent or adjoining buildings within a historic district. (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by the prevailing historic architectural styles within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings within the district shall be visually compatible. (d) Rhythm of Solids to Voids: Front Facades: The relationship of solids to voids in the front facade of a building or structure will be visually compatible with the front facades of historic buildings or structures within the district. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between historic sites, buildings, or structures within a historic district. (f) Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with the prevalent architectural styles of entrances and porch projections on historic sites, buildings, and structures within a historic district. (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building shall be visually compatible with the predominant materials used in the historic sites, buildings, and structures within a historic district. (h) Roof Shapes: The roof shape of a building or structure shall be visually compatible with the roof shape of a historic site, building, or structure within a historic district. (i) Walls of Continuity: Appearances of a building or structure such as walls, wrought iron, fences, evergreen landscape masses, or building 4506 SECTION 4.5.1 (E) (8)..(i) facades, shall form cohesive walls of enclosure along a street to inst e visual compatibility of the building to historic buildings, structures, or sites to which it is visually related. (j) Scale of a Building: The size of a building, the building mass in relation to open spaces, windows, door openings, balconies, and porches shall be visually compatible with the building size and building mass of historic sites, buildings, and structures within a historic district. (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites in its directional character, whether vertical, horizontal, or nondirectional. (9) Visual compatibility standards will be further discussed in greater detail in the Delray Beach Preservation and Conservation Manual. Said Manual will be developed as a guide to assist property owners as they seek to nominate their properties for designation as a historic site or to designate an area within the city as a historic district. (F) Restrictions on Demolitions: No structure within a Historic District or on a Historic Site shall be demolished without first receiving a Certificate of Appropriateness for that purpose. The Historic Preservation Board shall be guided by the following in considering such a request. (1) The Historic Preservation Board upon a request for demolition by a property owner, shall consider the following guidelines in evaluating applications for a certificate of appropriateness for demolition of designated historic sites, historic interiors, or buildings, structures, or appurtenances within designated historic districts; (a) Whether the structure is of such interest or quality_ that it would reasonably fulfill criteria for designation for listing on 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. 4507 . APPENDIX B THE FACADE EASEMENT • ti • • FEE Lb ORBS 17603 Pe—�03 7 RETURN TO: This instrument prepared by: 11111111U III 111 11 1111•11 ■II Robert W. Federspiel, Esq.501 E. Atlantic Avenue Con 25,000.00 Doc 175.00 Delray Beach, FL 33483 FACADE ARCHITECTURAL CONTROL AND REDEVELOPMENT EASEMENT THIS FACADE ARCHITECTURAL CONTROL AND REDEVELOPMENT EASEMENT (the "Easement") made this e715Y day of nKw, , 1993, by and between MICHAEL GOCHENOUR ("Grantor"), w nose address s 301 Last Atlantic Avenue, Delray Beach, FL 33483, and the COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH, an entity created pursuant to Chapter 163 of the Florida Statutes, ("Grantee"), whose address is 207 East Atlantic Avenue, Delray Beach, FL 33444. WITNESSETH: WHEREAS, the Grantee is organized as a redevelopment agency under the laws of the State of Florida and is empowered to facilitate redevelopment of designated areas within the City of Delray Beach, Florida; WHEREAS, the Grantee is authorized to preserve significant properties within its redevelopment area and to facilitate the redevelopment of properties which have deteriorated and are a part of the slum and blight within such area and after redevelopment to preserve such improvements in order to maintain the integrity of the redevelopment project; WHEREAS, the Grantor is owner in fee simple of certain real property in the City of Delray Beach, Palm Beach County, Florida, (hereinafter "the Premises,") said Premises including structure(s) (hereinafter the "Buildings") and is more particularly described below; TOWN OF DELRAY, Lot 7 LESS the South 9.85 feet of the East .27 feet, Block 92, as recorded in Plat Book 2, Page 21, of the Public Records of Palm Beach County, Florida WHEREAS, the Grantor and Grantee recognize the value and significance of preserving and controlling the architectural appearance and facade of the exterior of the Buildings and the appearance of the Premises as they relate to the overall integrity of the redevelopment of the area within which the Premises are located and have the common purpose of conserving and preserving the value and integrity of the redevelopment efforts expended on the Premises and the surrounding properties within the redevelopment area; and WHEREAS, the grant of the easement by Grantor to Grantee on Premises will assist in preserving and maintaining the aforesaid value and integrity of the Premises and redevelopment effort, as well as providing the assurances required by the Grantee that its redevelopment efforts will be preserved; and WHEREAS, to that end, Grantor desires to grant to Grantee, and Grantee desires to accept, a Facade Architectural Control and Redevelopment Easement on the Premises, pursuant to the Laws of the State of Florida. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantor does hereby irrevocably grant and convey unto the Grantee a Facade Architectural Control and Redevelopment Easement in gross in perpetuity (which easement is more particularly described below and is hereinafter "the Easement") in and to that certain real property and the improvements located thereon, owned by the Grantor, and more particularly described as: TOWN OF DELRAY, Lot 7 LESS the South 9.85 feet of the East .27 feet, Block 92, as recorded in Plat Book 2, Page 21, of the Public Records of Palm Beach County, Florida The Easement, to be of the nature and character hereinafter further ex- pressed, shall constitute a binding servitude upon said Premises of the Grantor, and to that end Grantor covenants on behalf of itself, its successors, and assigns, with Grantee, its successors, and assigns, such covenants being deemed to run as a binding servitude, in perpetuity, with the land, to do upon the Premises each of the following covenants and stipulations, which contribute to the public purpose in that they aid significantly in the preservation of the redevelopment effort put forth with respect to the Buildings, the Premises and the surrounding land area, and which help maintain and assure the present and future integrity of the redevelopment efforts expended on behalf of the Premises and the surrounding properties: ORB 7603 Pa 104 1. Description of Facades. In order to make more certain the full extent of Grantor's obligations and the restrictions on the Premises (including the Buildings), and in order to control the appearance of the Buildings and when taking in combination with the rights obtained or to be obtained by the Grantee with respect to other surrounding properties the impact on the redevelopment effort with respect to the area which the Premises are located within it is stipulated by and between the Grantor and the Grantee that the external nature and appearance of the Buildings as shown in the photographs in Exhibit "A" are hereinafter referred to as the "Facades." 2. Grantor's Covenants. In furtherance of the easement herein granted, Grantor undertakes, of itself, to do (and to refrain from doing as the case may be) upon the Premises each of the following covenants, which contribute to the public purpose of significantly protecting and preserving the Premises: (a) Grantor shall not demolish, remove, or raze the Buildings or the Facades except as provided in Paragraphs 6 and 7. (b) Without the prior express written permission of the Grantee, signed by a duly authorized representative thereof, which permission may be arbitrarily withheld Grantor shall not undertake any of the following actions: (i) increase or decrease the height of the Facades or the Buildings; (ii) adversely affect the structural soundness of the Facades; (iii)make any changes in the Facades including the alteration, partial removal, construction, remodeling, or other physical or structural change including any change in color or surfacing, with respect to the appearance or construction of the Facades, with the exception of ordinary maintenance pursuant to Paragraph 2(c) below; (iv) erect anything on the Premises or on the Facades which would prohibit them from being visible from street level, except for a temporary structure during any period of approved alteration or restoration; (v) permit any significant reconstruction, repair, repainting, or refinishing of the Facades that alters their state from the existing condition. This subsection (v) shall not include ordinary maintenance pursuant to Paragraph 2(c) below; (vi) erect, construct, or move anything on the Premises that would encroach on the open land area surrounding the Buildings and interfere with a view of the Facades or be incompatible with the architectural character of the Buildings or the Facades. (c) Grantor agrees at all times to maintain the Buildings in a good and sound state of repair and to maintain the Facades and the structural soundness and safety of the Buildings and to maintain the property so as to prevent deterioration of the Facades. Subject to the casualty provisions of Paragraphs 5 through 7, this obligation to maintain shall require replacement, rebuilding, repair, and reconstruction whenever necessary to have the external nature of the Buildings at all times appear to be and actually be the same as the Facades. (d) No buildings or structures, including satellite receiving dishes, camping accommodations, or mobile homes not presently on the Premises shall be erected or placed on the Premises hereafter, without the prior written approval of Grantee, which approval may be arbitrarily withheld, except for temporary structures required for the maintenance or rehabilitation of the property, such as construction trailers. (e) No signs, billboards, awnings, or advertisement shall be displayed or placed on the Premises or Buildings; provided, however, that Grantor may, with prior written approval from and in the sole discretion of Grantee, erect such signs or awnings as are compatible with the preservation and conservation purposes of this easement and appropriate to identify the Premises and Buildings and any activities on the Premises or in the Buildings. Such approval from Grantee may be arbitrarily withheld. (f) No topographical changes, including but not limited to excavation, shall occur on the Premises; provided, however, that Grantor may, with prior written approval from and in the sole discretion of Grantee, make such topo- graphical changes as are consistent with and reasonably necessary to promote the preservation and conservation purposes of this easement. (g) There shall be no removal, destruction, or cutting down of trees, shrubs, or other vegetation on the Premises; provided, however, that Grantor may with prior written approval from and in the sole discretion of Grantee, undertake such landscaping of the Premises as is compatible with the preservation and conservation purposes of this easement and which may involve removal or alteration of present landscaping, including trees, shrubs, or other vegetation. In all events, Grantor shall maintain trees, shrubs, and lawn in good manner and appearance in conformity with good forestry practices. -2- , • ORB 7603 Pa 105 (h) No dumping of ashes, trash, rubbish, or any other unsightly or offensive materials shall be permitted on the Premises. (i) The Premises shall be used only for purposes consistent with the preservation and conservation purposes of this easement. (j) The Premises shall not be subdivided and the Premises shall not be devised or conveyed except as a unit; provided, however, that the Grantor shall be permitted to convert the Buildings into cooperatives or condominiums and to convey interests in the resulting cooperatives or condominium units, provided that the Grantor shall form or cause to be formed, in connection with such conveyance, a single entity for the purposes of performing all obligations of the Grantor and its successors under this easement. (k) No utility transmission lines, except those reasonably necessary for the existing Buildings, may be created on said land, subject to utility easements already recorded. 3. Public View. Grantor agrees not to obstruct the substantial and reg- ular opportunity of the public to view the exterior architectural features of any building, structure, or improvements of the Premises from adjacent publicly accessible areas such as public streets. 4. Grantee's Right to Modify Facade. The Grantor specifically grants to the Grantee the right to enter upon the premises and to construct such improvements and modification to the facade as the Grantee determines appropriate and in the public's interest as a part of the Grantee's redevelopment efforts in the area within which the Premises are located. All such construction and/or modification of the facade shall be at the Grantee's expense. Under no circumstances shall the Grantee be liable to the Grantor or anyone claiming by and through or under the Grantor for any disruption or interference with the access or view of the premises during such construction activities the Grantee covenants that it will utilize reasonable efforts and diligence in completing any such construction effort within a reasonable period of time following the commencement of such construction. 5. Standards for Review. In exercising any authority created by the Easement to inspect the Premises, the Buildings, or the Facades; to review any construction, alteration, repair, or maintenance; or to review casualty damage or to reconstruct or approve reconstruction of the Buildings following casualty damage, Grantee shall apply such standards as it shall reasonably develop and consider to be appropriate by Grantee for review of work effecting architecturally the redevelopment effort within the area in which the Premises are located (the "Standards"), a copy of the Standards shall be provided Grantee in writing, and Grantee shall further be notified whenever the Standards are amended. Grantor agrees to abide by the Standards in performing all ordinary repair and maintenance work and the minimum maintenance program described in Paragraph 2(c). In the event the Standards are abandoned or materially altered or otherwise become, in the sole judgment of the Grantee, inappropriate for the purposes set forth above, the Grantee may apply reasonable alternative standards and notify Grantor of the substituted standards. 6. Casualty Damage or Destruction. In the event that the Premises or any part thereof shall be damaged or destroyed by casualty, the Grantor shall notify the Grantee in writing within one (1) day of the damage or destruction, such notification including what, if any, emergency work has already been completed. For purposes of this instrument, the term "casualty" is defined as such sudden damage or loss as would qualify for a loss deduction pursuant to Section 165(c)(3) of the Code (construed without regard to the legal status, trade, or business of the Grantor or any applicable dollar limitation). No repairs or reconstruction of any type, other than temporary emergency work to prevent further damage to the Property and to protect public safety, shall be undertaken by Grantor without the Grantee's prior written approval of the work. Within four (4) weeks of the date of damage or destruction, the Grantor shall submit to the Grantee a written report prepared by a qualified restoration architect and an engineer, if required, acceptable to the Grantor and the Grantee which shall include the following: (a) an assessment of the nature and extent of the damage; (b) a determination of the feasibility of the restoration of the Facades and/or reconstruction of damaged or destroyed portions of the Premises; and (c) a report of such restoration/reconstruction work necessary to return the Premises to the condition existing at the date (hereof or of the completion of any required work as set forth in the Easement]. If in the opinion of the Grantee, after reviewing such report, the purpose and intent of the Easement will be served by such restoration/reconstruction, the Grantor shall within eighteen (18) months after the date of such change or destruction complete the restoration/construction of the premises in accordance with plans and specifica- tions consented to by the Grantee up to at least the total of the casualty insurance proceeds. Grantee has the right to raise funds toward the costs of restoration of partially destroyed premises above and beyond the total of the -3- • ORB 7603 P9 106 casualty insurance proceeds as may be necessary to restore the appearance of the Facades, and such additional costs shall constitute a lien on the Premises until repaid by Grantor. 7. Grantee's Remedies Following Casualty Damage. The foregoing not- withstanding, in the event of damage resulting from casualty, as defined at Paragraph 5, which is of such magnitude and extent as to render repairs or reconstruction of the Buildings impossible using all applicable insurance pro- ceeds, as determined by Grantee by reference to bona fide cost estimates, then (a) Grantee may elect to reconstruct the Building using insurance proceeds, donations, or other funds received by Grantor or Grantee on account of such casualty, but otherwise at its own expense (such expense of Grantee to constitute a lien on the premises until repaid in full) ; or (b) Grantee may elect to choose any salvageable portion of the Facades and remove them from the premises, extinguish the easement pursuant to Paragraph 26, and this instrument shall thereupon lapse and be of no further force and effect, and Grantee shall execute and deliver to Grantor acknowledged evidence of such fact suitable for recording in the land records of Palm Beach County, Florida, and Grantor shall deliver to Grant- ee a good and sufficient Bill of Sale for such salvaged portions of the Facade. 8. Review After Casualty Loss. If in the opinion of the Grantee, restoration/reconstruction would not serve the purpose and intent of the Ease- ment, then the Grantor shall continue to comply with the provisions of the • Easement and obtain the prior written consent of the Grantee in the event the Grantor wishes to alter, demolish, remove, or raze the Buildings, and/or con- struct new improvements on the Premises. 9. Grantee's Covenants. The Grantee hereby warrants and covenants that: (a) In the event the Grantee shall cease to exist, then all of its rights and obligations under the easement shall pass to and inure to the benefit of the City of Delray Beach, Florida. (b) Grantee may, at its discretion and without prior notice to Grantor, convey, assign, or transfer this easement to a unit of federal, state, or local government or to a similar local, state, or national organization whose purposes, inter alia, are to promote the preservation of the redevelopment effort expended on the Premises and the surrounding properties, provided that any such conveyance, assignment, or transfer requires that the preservation and redevelopment purposes for which the easement was granted will continue to be carried out. (c) Grantee shall exercise reasonable judgment and care in performing its obligations and exercising its rights under the terms of the Easement. 10. Inspection. Grantor hereby agrees that representatives of Grantee shall be permitted at all reasonable times to inspect the Premises, including the Facades and the Buildings. Grantor agrees that representatives of Grantee shall be permitted to enter and inspect the interior of the Buildings to ensure maintenance of structural soundness and safety; inspection of the interior will not, in the absence of evidence of deterioration, take place more often than annually, and may involve reasonable testing of interior structural condition. Inspection of the interior will be made at a time mutually agreed upon by Grantor and Grantee, and Grantor covenants not to withhold unreasonably its consent in determining a date and time for such inspection. 11. Grantee's Remedies. Grantee has the following legal remedies to correct any violation of any covenant, stipulation, or restriction herein, in addition to any remedies now or hereafter provided by law: (a) Grantee may, following reasonable written notice to Grantor, institute suit(s) to enjoin such violation by ex parte, temporary, preliminary, and/or permanent injunction, including prohibitory and/or mandatory injunctive relief, and to require the restoration of the Premises to the condition and appearance required under this instrument. (b) Representatives of the Grantee may, following reasonable notice to Grantor, enter upon the Premises, correct any such violation, and hold Grantor, its successors, and assigns, responsible for the cost thereof. (i) Such cost until repaid shall constitute a lien on the Premises. (ii) Grantee shall exercise reasonable care in selecting independent contractors if it chooses to retain such contractors to correct any such violations including making reasonable inquiry as to whether any such contractor is properly licensed and has adequate liability insurance and workman's compensation coverage. -4- ORB 7603 Ps 107 (c) Grantee shall also have available all legal and equitable remedies to enforce Grantor's obligations hereunder. (d) In the event Grantor is found to have violated any of its obligations, Grantor shall reimburse Grantee for any costs or expenses incurred in connection therewith, including all reasonable court costs, and attorney's, architectural, engineering, and expert witness fees. (e) Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or limiting any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time. 12. Notice from Government Authorities. Grantor shall deliver to Grantee copies of any notice, demand, letter, or bill received by Grantor from any government authority within five (5) days of receipt by Grantor. Upon request by Grantee, Grantor shall promptly furnish Grantee with evidence of Grantor's compliance with such notice, demand, letter, or bill, where compliance is required by law. 13. Notice of Proposed Sale. Grantor shall promptly notify Grantee in writing of any proposed sale of the Premises and provide the opportunity for Grantee to explain the terms of the Easement to potential new owners prior to sale closing. 14. Runs with the Land. The obligations imposed by this Easement shall be effective in perpetuity and shall be deemed to run as a binding servitude with the premises. This Easement shall extend to and be binding upon Grantor and Grantee, their respective successors in interest, and all persons hereafter claiming under or through Grantor and Grantee, and the words "Grantor" and "Grantee" when used herein shall include all such persons. Anything contained herein to the contrary notwithstanding, a person shall have no obligation pursuant to this instrument where such person shall cease to have any interest in the premises by reason of a bona fide transfer. Restrictions, stipulations, and covenants contained in this instrument shall be inserted by Grantor, verbatim or by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself or either the fee simple title to or any lesser estate in the premises or any part thereof, including, by way of example and not limitation, a lease of office space. 15. Recording. Grantee shall do and perform at its own cost all acts necessary to the prompt recording of this instrument in the land records of Palm Beach County, Florida. This instrument is effective only upon recording in the land records of Palm Beach County, Florida. 16. Existing Liens. Except for those matters shown in Exhibit B hereto, Grantor warrants to Grantee that no lien or encumbrance exists on the premises as of the date hereof. Grantor shall immediately cause to be satisfied or release any lien or claim of lien that may hereafter come to exist against the premises which would have priority over any of the rights, title, or interest hereunder of Grantee. 17. Subordination of Mortgages. Grantor and Grantee agree that all mortgages and rights in the property of all Mortgagees are subject and subordinate at all times to the rights of the Grantee to enforce the purposes of the preservation and conservation easement. Grantor has provided a copy of the Easement to all Mortgagees of the Premises as of the date of this agreement, and the agreement of each Mortgagee to subordinate the mortgage to the Easement is contained in the Addenda as Exhibit C. The following provisions apply to all Mortgagees now existing or hereafter holding a mortgage on the Premises: (a) If a mortgage grants to a Mortgagee the right to receive the proceeds of condemnation proceedings arising from any exercise of the power of eminent domain as to all or any part of the Premises or the right to receive insurance proceeds as a result of any casualty, hazard, or accident occurring to or about the Premises, the Mortgagee shall have a prior claim to the insurance and condemnation proceeds and shall be entitled to same in preference to Grantee until the mortgage is paid off and discharged, notwithstanding that the mortgage is subordinate in priority to the Easement. (b) If a Mortgagee has received an assignment of the leases, rents, and profits of the Premises as security or additional security for a loan, then the Mortgagee shall have a prior claim to the leases, rents, and profits of the Premises and shall be entitled to receive same in preference to Grantee until said Mortgagee's debt is paid off, notwithstanding that the Mortgage is subordinate to the Easement. (c) Until a Mortgagee or purchaser at foreclosure obtains ownership of the Premises following foreclosure of its Mortgage or deed in lieu of foreclosure, the Mortgagee or purchaser shall have no obligation, debt, or liability under the Easement. -5- • ORB 7603 P9 108 (d) Before exercising any right or remedy due to breach of the Easement except the right to enjoin a violation hereof, Grantee shall give all Mortgagees of record written notice describing the default, and the Mortgagees shall have sixty (60) days thereafter to cure or cause a cure of the default. (e) Nothing contained in the above paragraphs or in the Easement shall be construed to give any Mortgagee the right to extinguish this Easement by taking title to the Premises by foreclosure or otherwise. 18. Plaques. Grantor agrees that Grantee may provide and maintain a plaque on the Facades of the Buildings, which plaque shall not exceed 18" by 18" inches in size, giving notice of the significance of the Buildings or the Premises and the existence of this perpetual Facade Architectural Control and Redevelopment Easement. 19. Indemnification. The Grantor hereby agrees to pay, protect, indemnify, hold harmless, and defend at its own cost and expense, the Grantee, its agents, director, and employees, or independent contractors from and against any and all claims, liabilities, expenses, costs, damages, losses, and expenditures (including reasonable attorneys' fees and disbursements hereafter incurred) arising out of or in any way relating to the administration, performed in good faith, of this preservation and conservation easement, including, but not limited to, the granting or denial of consents hereunder, the reporting on or advising as to any condition on the Premises, and the execution of work on the Premises. In the event that the Grantor is required to indemnify the Grantee pursuant to the terms of the Easement, the amount of such indemnity, until discharged, shall constitute a lien on the Premises. 20. Taxes. Grantor shall pay immediately, when first due and owing, all general taxes, special taxes, special assessments, water charges, sewer service charges, and other charges which may become a lien on the premises. Grantee is hereby authorized, but in no event required or expected, to make or advance, upon three (3) days prior written notice to Grantor, in the place of Grantor, any payment relating to taxes, assessments, water rates, sewer rentals, and other governmental or municipality charge, fine, imposition, or Lien asserted against the premises and may do so according to any bill, statement, or estimate procured from the appropriate public office without inquiry into the accuracy of such bill, statement, or assessment or into the validity of such tax, assessment, sale, or forfeiture. Such payment, if made by Grantee, shall become a lien on the premises of the same priority as the item if not paid would have had and shall bear interest until paid by Grantor at two (2) percentage points over the prime rate of interest from time to time charged by SunBank/South Florida, N.A. 21. Insurance. The Grantor shall keep the premises insured by an insurance company rated "A+" or better by Best's for the full replacement value against loss from the perils commonly insured under standard fire and extended coverage policies and comprehensive general liability insurance against claims for personal injury, death, and property damage of a type and in such amounts as would, in the opinion of Grantee, normally be carried on a property such as the Premises protected by a Facade Architectural Control and Redevelopment Easement. Such insurance shall include Grantee's interest and name Grantee as an additional insured and shall provide for at least thirty (30) days' notice to Grantee before cancellation and that the act or omission of one insured will not invalidate the policy as to the other insured party. Furthermore, the Grantor shall deliver to the Grantee fully executed copies of such insurance policies evidencing the aforesaid insurance coverage at the commencement of this grant and copies of new or renewed policies at least ten (10) days prior to the expiration of such policy. The Grantee shall have the right to provide insurance at the Grantor's cost and expense, should the Grantor fail to obtain same. In the event the Grantee obtains such insurance, the cost of such insurance shall be a lien on the Premises until repaid by the Grantor. 22. Liens. Any lien on the Premises created pursuant to any Paragraph of the Easement may be confirmed by judgment and foreclosed by Grantee in the same manner as a mechanic's lien. 23. Written Notice. Any notice which either Grantor or Grantee may desire or be required to give to the other party shall be in writing and shall be mailed postage prepaid by registered or certified mail with return receipt requested, or hand delivered; if to Grantor, then at 301 East Atlantic Avenue, Delray Beach, Florida 33483, and if to Grantee, then to 207 East Atlantic Avenue, Delray Beach, Florida 33483. Each party may change its address set forth herein by a notice to such effect to the other party. Any notice, consent, approval, agreement, or amendment permitted or required of Grantee under the Easement may be given by the Executive Director of the Grantee or by any duly authorized representative of the Grantee. 24. Evidence of Compliance. Upon request by Grantee, Grantor shall promptly furnish Grantee with evidence of Grantor's compliance with any obligation of Grantor contained herein. 25. Interpretation and Enforcement. The following provisions shall govern the effectiveness, interpretation, and duration of the Easement. -6- • • ORB 7603 P9 109 (a) Any rule of strict construction designed to limit the breadth of restrictions on alienation or use of property shall not apply in the construction or interpretation of this instrument, and this instrument shall be interpreted broadly to effect its preservation and conservation purposes and the transfer of rights and the restrictions on use herein contained as provided in the Act. (b) This instrument shall extend to and be binding upon Grantor and all persons hereafter claiming under or through Grantor, and the word "Grantor" when used herein shall include all such persons, whether or not such persons have signed this instrument or then have an interest in the premises. Anything contained herein to the contrary notwithstanding, a person shall have no obligation pursuant to this instrument where such person shall cease to have any interest (present, partial, contingent, collateral, or future) in the premises by reason of a bona fide transfer for full value. Any right, title or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word "Grantee" shall include all such successors and assigns. (c) This instrument is executed in counterparts, each page of which (including exhibits) has been initialed by Grantor and Grantee for purposes of identification. In the event of any disparity between the counterparts produced, the recorded counterpart shall in all cases govern. Except as provided above, each counterpart shall constitute the agreement of the parties. Immediately after execution hereof, one counterpart shall be held by each of Grantor, Grantee, and the preparer of this instrument, Robert W. Federspiel, Esq., one counterpart shall be recorded as provided above and may be returned to Grantee. (d) To the extent that Grantor owns or is entitled to development rights which may exist now or at some time hereafter by reason of the fact that under any applicable zoning or similar ordinance the Premises may be developed to use more intensive (in terms of height, bulk, or other objective criteria regulated by such ordinances) than the Premises are devoted as of the date hereof, such development rights shall not be exercisable on, above, or below the Premises during the term of the Easement, nor shall they be transferred to any adjacent parcel and exercised in a manner that would interfere with the preservation and redevelopment conservation purposes of the Facade Architectural Control and Redevelopment Easement. (e) For purposes of furthering the preservation of the Premises and Buildings and of furthering the other purposes of this instrument, and to meet changing conditions, Grantor and Grantee are free to amend jointly the terms of this instrument in writing without notice to any party; provided, however, that no such amendment shall limit the perpetual duration or interfere with the preservation and conservation purposes of the donation. Such amendment shall become effective upon recording among the land records of Palm Beach County, Florida. (f) The terms and conditions of this easement shall be referenced in any transfer of the property by the Grantor, his heirs, successors, and assigns. (g) The invalidity or unenforceability of any provision of this instrument shall not affect the validity or enforceability of any other provision of this instrument or any ancillary or supplementary agreement relating to the subject matter hereof. • (h) Nothing contained herein shall be interpreted to authorize or permit Grantor to violate any ordinance or regulation relating to building materials, construction methods, or use. In the event of any conflict between any such ordinance or regulation and the terms hereof, Grantor promptly shall notify Grantee of such conflict and shall cooperate with Grantee and the applicable governmental entity to accommodate the purposes of both this instrument and such ordinance or regulation. (i) This instrument reflects the entire agreement of Grantor and Grantee. Any prior or simultaneous correspondence, understandings, agreements, and representations are null and void upon execution hereof, unless set out in this instrument. (j) Wherever the approval of the Grantee is required in this Agreement, such approval may be arbitrarily withheld. IN WITNESS WHEREOF, on the date first shown above, Grantor has caused this preservation and conservation easement to be executed, sealed, and delivered; and Grantee has caused this instrument to be accepted, sealed, and executed in its corporate name by ite Executive Director and attested by two separate witnesses. -7- , • ORB 7603 Pe 110 WITNESSES: GRANTOR: o2 • Print Y e Weill S. B ixSo MIC GOC UR - C 30 ast Atl ntic Avenue Delray Beach, FL 33483 Print ty� 1 Social Secu'ity i,g2773�O4z • �D�/ .. t7 �J O V C� GRANTEE: Print Name: ?obe:1;k .11il-j : COH• .DEVELOPMENT Y AGE, /0. DE;r 1 BEACH gDP.La A elNaL4, By: / � Print Mama: Wel18 S. Par.SonS Print Naze• a.ri Title: ar. ; I%/►� Bro Ib wn 207 East A lantic Avenue Delray Beach, FL 33483 Tax ID # 59-2593203 STATE OF FLORIDA } } SS COUNTY OF PALM BEACH) Before me, the undersigned Notary Public in and for the aforesaid County and State, personally appeared MICHAEL GOCHENOUR, who has produced a delipuck., driver's license with identifying number 1-1q-643•D- issued within.the past 5 years as identification and did take an oath, being first duly-sworn and cautioned by me, deposed and acknowledged that he executed the fpregoing?:instrument .freely and voluntarily, for the uses and purposes therein".expressed. •. 51-` 8Wb'RM•.WO',•,AUSCRIBED AND ACKNOWLEDGED before me by MICHAEL GOCHENOUR this j..�t,fley 'o€y•``a:(1eil } , 1993. • 0-..a•�)' •;Il'�•i"~ • 4 _ .. e 't •.�;: .T; j`.;C ,vr NgtarS •lic ':<i . (SEAL] Ketle} S. vionl ` •. J:` My c8mmission expires: 13+-cn 93 Crm 44 sr 4 RA 136101 STATE OL;;BLORIDA.. } } SS COUNTY OF PALM BEACH) Before me, the undersigned Notary Public in and for the aforesaid County and State, personally appeared Christopher J. Brown M yd who is personally known totome#MIXIXAMKANIMMIAiaXMLYITIZSXXXIXIANIK.KCOQUINEC tclenCOMIXKX.XXXOOMKXXXXXXXXXXXXXXXXXIMICXXXXXXXXXXXXXXXX=6130eCEMNIX Aammarammixteactaxxco,txxx and did take an oath, being first duly sworn and cautioned by me, deposed and acknowledged that he is the Executive Director mAXXXXXXXXXXXXXXXXgg respectively, of the COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH, that .he freely and voluntarily executed said instrument, in such capacities, on behalf of said corporation, for the uses and purposes therein expressed, and that such execution is the authorized act of such corporation. SW 9 N TO, SUBSCRIBED AND ACKNOWLEDGED before me by said officer thisoe. r day of 1gq)u; , 1993. ` , Ngtar Publican .;• r.t�?,•••'..-.,..''i'&E$L1, •''...•. Kell ey S. o....S.rS "-1.•,!. a_;,'•'• -,•? . 'N' My c�&nrnission expires: 1a-.17_96 %,. �v: ''t?r• f•t'•ji. ' - + LI tier-4 AA 135101 ,, ..........••' j 1' • -8- • 1 • A • ORB 7603 P9 111 SCHEDULE OF EXHIBITS A. Photographs of Protected Property (Baseline Documentation) B. Affidavit of Existing Liens or Encumbrances C. Mortgage Subordination Agreement(s) • -9- MINglijr •X:t.,,riM . .. . , EXHIBIT "A" ...._.... . . . • . .... . ED._..._._. RIN . iii ,....g.i.• . . . .... ou ;Alpid:—:lit, rP".....••-•-"7.1. .• i l'i . . 77 1... 3.. .•ji , .........1.0i,,-..--- Elinbch Dabs ..e _ .1"-7---: •-- ---- --:•3.. -• eer- g-:_: v I! -:-C-.. ....... — .77 t•r•••- ‘. _.,,.-2:•;;.'••i....:„..-7 .'•-....•._,---7,....S-,z•---.1 Ralph Cantin . .7+•-•;•-•••) _ .;.:., :i.f•:.• Architects... E•rz:Z• ••Imo mo.o.•••••. —.. . ..... . —...... . . .. . . 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P• • •• % .' w Ow Desakation • o._. ._.+ • ;a�+'fY..:'�.iICFI:��%�; �trwar,T..rr•�r.�.�. iJ��N.IP•._t.•u +r elf L4QFLi _ �o4ser,.... �;,;w.r_ w..............r iItLLLPI I!itCI:C. •Ir_ Pi ��� li • u a • llickiF,!SAR i52 • s,.Developmentwu e.• 6�•C.+�11Y 01t1 Al a•'.T,• ...fr p• Io.it • 1.1 if tM"""'` i° . • IC Cr= r 1 c'=i.• +'`+'•••.".0.1.4^11"++w .• Diubell Debs I_.IL.t III' 1 —' IIIalltlJ!lAF rj L ' ''•'."' ROp6 Candn +•raosuaria� ;e,_•> • CI ."_w"".,, ovoI-s.LLI Architects ram.;.✓_ 7 L f DP�. J j: . •ar..e+tw ._u...'.i 4. ..7,0 N.., iiifiLl1�i♦Wiiii`t�IEmom •}u \.•..•�`t:1U\Y�`�\\ /� m'Y+ ii LOCJ.*toN t1AP®we 1 "1� It_... Ally- os j•• .1` .,.M..M. , Yfri :4-"al♦Yi�iGi Av.,CPI*t.,... }` 1111 Yi�i� liii�i7 ..."".eeOWL.NIP. \(\w\\\ �j I La On W 116.101fia -�tl Y r tt Yii;�t+ti•3i•�liii�Gi +•••.••�• ` F+ • t 3 v—t� A�AAAAI�1=1� ••••••.a....cs.n % J rMOO u�. ���. I ,�' `� moat y•4� � KwN • • //r {I 1.Ii• / .). i O' ✓.t•IPS?EE,PI.AN "' ;ro• / ""t? J. +frtt K•.f.0' .• yl s....11 I fr LMA.l e"•vM • • lr CN1.�...C/ / .... 1 . I I.M-NSS * * * c.1l..vY�+ MSC• r �'•I•t ,r(J' •1 •.w1.K rf f• �!01►��f .ivt'mtre-N .r,..^-.�^^^^'.'I Z it • oir•-.:.t..ru tI! t • ei.wei'x•• /7Nsnb`iia-.»ra.•... n< I • { Sr...* i BAR•B•QUE W.fN-N 4 I 1'Y1.•.1i 1 S W..w+ r /Y Delray Beach.FL CO Cs r 3 Planting Detail- •....1 �AAID(„ 1:01.0.0' 9 Planting Detatl• .r,, G� .� Container Grown Shrubs Groundcover Beds •• p .,. /11 --' t.13) O • ;f t•�r_ I W ell 'me.- vtyiF� SITE PLAN 0 14. • • C. ss'n'.i.rc.wt.. ..__ 57e PLAN M .....1 u.i+ aw t.0 ...r_.r• A-1 • Bar Details R J /r 1 1.., I V4I-NRr j rt Plan �rl r driTEMEESIMM w+n rr •,........... _ -~ If r H va 4? • 1 1 r^y I���1� Elizabeth Debs '�' Ralph Cantin I r'.' Architects • Section -=Mir 1 • . a•t * t Ift f,. ff 'aIrr {f sae•. • - GNU y•t�jtlr••w+�= i Fixture Schedule,Handicap Details _.. a " T '°"u"a+'w"*' • rr e w" . • Li— .. mow. • :�~M..• * , IN b^ rT vz iiill .�...ow, O • • I �m '`"" i rr� ` ��_ III • • �w Y G L] O r— ., w - • �'u i^•;'u'JT • " it -Pe u f • i VM I�M" a '... - d -: ti WWII,-.nr".......rr..r.ra•.r f/lw1{y� u ' i-,. .... ,�• • '...�.r+rti.r�rrr.r.-rrr=.�ru `_r••.•rw .r-..rrrlla;t•W Ivrr /.I I i w ...r w r�r.r........rr.Ia...lu ... • • • ,....y....w,•• ;r f:r f r.!"i f ELWOOD'S „r.rw 1 BAR•B•OUE • A. GENERAL NOTES —` �^•; Delray Beach,FL, • + ..s•�+�+•ir..-•ww:.w...n�n...- a....Y.y1d../- JY1 J. 41 I Y�.f.n.i0.4 I. ............................. rr LW et I ..uw apt • tW�:aa< .I yl .1 .wh. + R:r.M•�wwwyw..r..r.•,r�. •III. Data 4' g-,<< ,? —. I .M1 W!b A1YMH:•INJ • yrr......•,.n�.•..-.+.r. r�w.o01•"�.`�I•'A`r.'a • e n/+ . �I ♦ I w...ww.=" '"'"` �iuuuu . ... . GI • •.w�.~••...r.r•-••twit,.. C...IrW ni 1Irier..lrre .l. ♦ . .♦ . {y� �. -- W .1 11� ........• to • ®� Ilc , f aJl Mani / I. 12 s. • . I ..C. � C • CC-led. „ M _w>�. t U1 !Xi•o...�.r - • car I — a:.ze •� •}III `•` tJ.• 1 f+. JI K .. . mr. • • • 'FLOOR PLAN v.'-1-0' A ' . • • EXHIBIT "B" ORB 7603 Ps 115 AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) Before me, the undersigned Notary Public in and for the aforesaid County and State, personally appeared MICHAEL GOCHENOUR, who by me being first duly sworn and cautioned, deposed, stated and acknowledged the following: 1. My name is MICHAEL GOCHENOUR, I reside at 2 �9I/(l.¢41' ' , and I, having personal knowledge of the following descried matters, depose, state, and acknowledge same to be true. 2. The following are the known Liens or Encumbrances on the Property described as: TOWN OF DELRAY, Lot 7 LESS the South 9.85 feet of the East .27 feet, Block 92; as recorded in Plat Book 2, Page 21, of the Public Records of Palm Beach County, Florida #!?2/!,eyl,45/.2 !// jlf � - Mortgage recorded in Official Record Book 7459, Page 1117, Public Records of Palm Beach County, Florida. Further Affiant sayeth naught. Mic 1 enour S.r: Sworn'-to and subscribed before me by MICHAEL GOCHENOUR, this c,�l day of January, 1993. (Uiro. . Onu s "t lglita A • Notary Public _t °''.•My�.Conmi s s ion Expires: I a,11-C{3 k?ei1 S, PasdanS ti (cmmixc►an *AA 135`lO'1 • • _ -� :C *DLitRAY RESUBDIVISION OF BLOCKS 91 and 92 and the West one-half of BLOCK 99, TOWN OF LINTON ` ORB 7603 Ps 116 • RECORD VERIFIED DOROTHY H NILKEN CLERK OF THE COURT - PB COUNTY, FL EXHIBIT "C" CONSENT, JOINDER AND SUBORDINATION AGREEMENT In consideration of Ten Dollars ($10.00) and other good and valuable consideration received by the undersigned. The undersigned holder of that certain Mortgage Lien dated the 27th day of October, 1992, against the property known as: Lot 7, less the South 9.85 feet of the East .27 feet thereof, Block 92, DELRAY RESUBDIVISION OF BLOCKS 91 AND 92 and the West one-half of BLOCK 99, TOWN OF LINTON, according to the Plat thereof, as recorded in Plat Book 2, Page 21 of the Public Records of Palm Beach County, Florida. Such Mortgage securing a Promissory Note in the original amount of Seventy-Five Thousand Dollars ($75,000.00) . Said Mortgage being recorded in Official Record Book 7459, Page 1117, Public Records of Palm Beach County, Florida. Do hereby consent to and join in to the granting of the Facade Architectural Control and Redevelopment Easement (the "Easement") in favor of the Community Redevelopment Agency of Delray Beach to which this Consent is attached. Further, the undersigned hereby subordinate its interest in lien to the restrictions and encumbrances created by the said Easement which Easement is hereby deemed superior and senior in interest to the lien of the undersigned's above referred to Mortgage. MORTGAGEE: By:3,Jl Fd UT, - i,r dflt,Sonn. Mildred W. Sanderson STATE OF FLORIDA COUNTY OF PALM BEACH Before me, the undersigned Notary Public in and for the aforesaid County and State, personally appeared Mildred W. Sanderson, who has produced a Florida driver's license issued within the past 5 years as identification and did take an oath, being first duly sworn and cautioned by me, deposed and acknowledged that she executed the foregoing instrument freely and voluntarily, for the uses and purposes therein expressed. SWORN TO, qmpscRTpED AND ACKNOWLEDGED before me by MILDRED W. SANDERSON this.. .:day of Jantrnry, 1993. 4;1" Nota Public t(MIIj. S. PPus6,S '' �.• t :. My commission expires: is-a1-93 APPENDIX C PURCHASE AND SALE AGREEMENT AGREEMENT FOR ACQUISITION OF FACADE, ARCHITECTURAL CONTROL, AND REDEVELOPMENT EASEMENT THIS AGREEMENT FOR ACQUISITION OF FACADE, ARCHITECTURAL CONTROL, AND REDEVELOPMENT EASEMENT (the "Agreement"), ie made and entered into this ;,J I J day of t,�.ua u. , 1993, by and between the DELRAY BEACH COMMUNITY REDEVELOPMENT J AGENCY, hereinafter referred to as the "CRA," and MICHAEL GOCHENOUR, hereinafter referred to ae "Grantor." W I T N E S S E T H : WHEREAS, the Grantor is the owner of certain real property located at 301 East Atlantic Avenue, Delray Beach, Florida (the "Property"), which Property is more particularly described as follows: TOWN OF DELRAY, Lot 7 LESS the South 9.85 feet of the East .27 feet, Block 92, as recorded in Plat Book 2, Page 21, of the Public Records of Palm Beach County, Florida and WHEREAS, the Property lies within the Redevelopment Area defined by the City of Delray Beach as being within the jurisdiction of the CRA; and WHEREAS, the CRA has determined that it is of significant public importance to preserve and control the architectural appearance and facade of the Property and the improvements constructed thereon in order to meet the common purpose of conserving and preserving the value and integrity of the redevelopments efforts expended by the CRA on the Property and the surrounding properties within the Redevelopment Area; and WHEREAS, the CRA is desirous of obtaining a facade, architectural control, and redevelopment easement over the Property in form attached hereto as Exhibit "A" (the "Easement"); and WHEREAS, the Grantor has heretofore conveyed mortgage deeds to those lenders (to the Property) as are set forth in Exhibit "B" attached hereto and made a part hereof (the "Lenders") and that the granting of the Easement requires the joinder and consent of the lenders; and WHEREAS, the CRA has determined that the value of the Easement is Twenty- five Thousand Dollars ($25,000.00), subject to the Grantor making those certain improvements designated in said Exhibit "C" (the "Improvements"). NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the adequacy of which is acknowledged by the parties, the parties agree as follows: 1. The CRA hereby agrees to purchase from the Grantor the Easement over the Property, said Easement to be in form attached hereto as Exhibit "A" and made a part hereof, for a purchase price of Twenty-five Thousand Dollars ($25,000.00). The method of payment of the purchase price shall be as follows: a) One Hundred Dollars ($100.00) paid by the CRA to the Grantor as an earnest money deposit upon full execution of this DADOCS\CLIENTS\CAA\PEACH.UMB\A000ISI.AGR , : , Agreement, such deposit to be held by Robert W. Federspiel, P.A. Trust Account, b) Two Thousand Four Hundred Dollars ($2,400.00) at closing and delivery of the Easement, C) Twenty-two thousand five hundred Dollars ($22,500.00) to be paid in four (4) equal drawings upon the certification of the Grantor's architect to the CRA that the Improvements are 25%, 50%, 75% and 100% complete, respectively. 2. The Grantor agrees to convey good and marketable title to such Easement to the CRA, free and clear from any and all liens or encumbrances. Further, the Grantor agrees to obtain the joinder and consent of the Lenders in and to this Agreement and the conveyance of the Easement, including the subordination of their mortgage interest to the encumbrance of said easement by executing that certain Joinder, Consent and Subordination attached hereto as Exhibit "D." 3. The Grantor agrees to deliver to the CRA, within ten (10) days from this Agreement, at Grantor's expense, an attorney opinion letter. Grantor shall convey a marketable title to the Easement subject only to liens, encumbrances, exceptions or qualifications set forth in this Agreement. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. The CRA shall have 5 days from date of receiving the opinion letter to examine it. If it is found defective, the CRA shall, within 3 days, notify the Grantor in writing specifying defect(s). If the defect(s) render title unmarketable, Grantor will have 120 days from receipt of notice within which to remove the defect(s), failing which the CRA shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to the CRA; thereupon the CRA and Grantor shall release one another of all further obligations under this Agreement. The Grantor will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. 4. CLOSING: This transaction shall be closed and the Easement and other closing papers delivered on , unless extended by other provisions of this Agreement. Closing shall be held in the county where the Property is located, at the office of the attorney or other closing agent designated by the CRA. 5. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. 6. ASSIGNABILITY: Buyer may assign this Agreement. 7. TIME IS OF THE ESSENCE OF THIS AGREEMENT. 8. TIME: Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and D:\DOC9\CLIENTS\CRA\PEACH.U!®\ACQUISZ.ACR -2- any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. 9. DOCUMENTS FOR CLOSING: The CRA shall furnish the Easement and closing statement. 10. EXPENSES: The CRA shall pay documentary stamps and recording costs of the Easement. Recording corrective instruments shall be paid by the Grantor. 11. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. Proceeds of the sale shall be held in escrow by Grantor's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. If Grantor's title is rendered unmarketable, through no fault of the CRA, the CRA shall, within the 5 day period, notify the Grantor in writing of the defect and the Grantor shall have 30 days from date of receipt of such notification to cure the defect. If the Grantor fails to timely cure the defect, all deposit(s) shall, upon written demand by the CRA and within 5 days after demand, be returned to the CRA and simultaneously with such repayment, the CRA shall return reconvey the Easement to the Grantor by quit-claim deed. If the CRA fails to make timely demand for refund, the CRA shall take title as is, waiving all rights against the Grantor as to any intervening defect except as may be available to the CRA by virtue of warranties contained in the Easement. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S.(1989), as amended. 12. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of this Agreement. Failure of clearance of funds shall not excuse the CRA's performance. If in doubt as to Agent's duties or liabilities under the provisions of this Agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S.(1989), as amended. Any suit between the CRA and the Grantor where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorneys' fees and costs incurred with the fees and costs to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costa in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to the CRA or D:\DOGS\CLIENTS\CRA\PPACH.UMB\ACQUISI.ACR -3- the Grantor of items subject to this escrow, unless such miadelivery is due to willful breach of this Agreement or gross negligence of Agent. 13. ATTORNEY FEES; COSTS: In any litigation arising out of this Agreement, the prevailing party in such litigation which, for the purposes of this provision, shall include the Grantor, the CRA, and any subagents, shall be entitled to recover reasonable attorney's fees and costs. 14. FAILURE OF PERFORMANCE: If the CRA fails to perform this Agreement within the time specified (including payment of all deposit(s)), the deposit(e) paid by Buyer and deposits) agreed to be paid, may be retained by or for the account of the Grantor as agreed upon liquidated damages, consideration for the execution of this Agreement and in full settlement of any claims; whereupon, the CRA and the Grantor shall be relieved of all obligations under this Agreement; or the Grantor, at Grantor's option, may proceed in equity to enforce Grantor's rights under this Agreement. If, for any reason other than failure of Grantor to make Grantor's title marketable after diligent effort, Grantor fails, neglects or refuses to perform this Agreement, the CRA may seek specific performance or elect to receive the return of the CRA's deposit(s) without thereby waiving any action for damages resulting from Grantor's breach. 15. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Agreement nor any notice of it shall be recorded in any public records. This Agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. 16. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon the CRA or Grantor unless included in this Agreement. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. 17. WARRANTIES: Grantor warrants that there are no facts known to Grantor materially affecting the value of the Property which are not readily observable by the CRA or which have not been disclosed to the CRA. IN WITNESS WHEREOF, the parties hereto have executed this Agreement for Acquisition of Facade, Architectural Control, and Redevelopment Easement the day and year first above written. D:\DOCS\CLIENTS\CIA\PEACH.UMB\ACQUISI.AGR -4- • Witnesses: / DELRA / Af."F1 CQDlMU ITY REDEVELOPMENT AGEN ! 4. . , k, J; 1 I-�ors . �. y:•�Iti_ MIC GOCH UR )1241 S. 61.64&S Deposit received on (if check, subject to clearance) ROBERT W. FEDERSPIEL, P.A. By: D:\Does\CLXEHrs\cRA\PZACH.UMB\ACQUISI.ACR —5— EXHIBIT RETURN TO: �This instrument prepared by: I � Robert W. Federspiel, Esq. • 501 E. Atlantic Avenue Delray Beach, FL 33483 FACADE ARCHITECTURAL CONTROL AND REDEVELOPMENT EASEMENT THIS FACADE ARCHITECTURAL CONTROL AND REDEVELOPMENT EASEMENT (the "Easement") made this day of , 1992, by and between MICHAEL GOCHBNOUR ("Grantor"), w ose address is 301 East Atlantic Avenue, Delray Beach, FL 33483, and the COOfUNITT REDEVELOPMENT AGENCY OF DELRAY BEACH, an entity created pursuant to Chapter 163 of the Florida Statutes, ("Grantee"), whose address is 207 East Atlantic Avenue, Delray Beach, FL 33444. WITNESSETH: WHEREAS, the Grantee is organized as a redevelopment agency under the laws of the State of Florida and is empowered to facilitate redevelopment of designated areas within the City of Delray Beach, Florida; WHEREAS, the Grantee is authorized to preserve significant properties within its redevelopment area and to facilitate the redevelopment of properties which have deteriorated and are a part of the slum and blight within such area and after redevelopment to preserve such improvements in order to maintain the integrity of the redevelopment project; WHEREAS, the Grantor is owner in fee simple of certain real property in the City of Delray Beach, Palm Beach County, Florida, (hereinafter "the Premises,") said Premises including structure(s) (hereinafter the "Buildings") and is more particularly described below; TOWN OF DELRAY, Lot 7 LESS the South 9.85 feet of the East .27 feet, Block 92, as recorded in Plat Book 2, Page 21, of the Public Records of Palm Beach County, Florida WHEREAS, the Grantor and Grantee recognize the value and significance of preserving and controlling the architectural appearance and facade of the exterior of the Buildings and the appearance of the Premises as they relate to the overall integrity of the redevelopment of the area within which the Premises are located and have the common purpose of conserving and preserving the value and integrity of the redevelopment efforts expended on the Premises and the surrounding properties within the redevelopment area; and WHEREAS, the grant of the easement by Grantor to Grantee on Premises will assist in preserving and maintaining the aforesaid value and integrity of the Premises and redevelopment effort, as well as providing the assurances required by the Grantee that its redevelopment efforts will be preserved; and WHEREAS, to that end, Grantor desires to grant to Grantee, and Grantee desires to accept, a Facade Architectural Control and Redevelopment Easement on the Premises, pursuant to the Laws of the State of Florida. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantor does hereby irrevocably grant and convey unto the Grantee a Facade Architectural Control and Redevelopment Easement in gross in perpetuity (which easement is more particularly described below and is hereinafter "the Easement") in and to that certain real property and the improvements located thereon, owned by the Grantor, and more particularly described as: TOWN OF DELRAY, Lot 7 LESS the South 9.85 feet of the East .27 feet, Block 92, as recorded in Plat Book 2, Page 21, of the Public Records of Palm Beach County, Florida The Easement, to be of the nature and character hereinafter further ex- pressed, shall constitute a binding servitude upon said Premises of the Grantor, and to that end Grantor covenants on behalf of itself, its successors, and assigns, with Grantee, its successors, and assigns, such covenants being deemed to run as a binding servitude, in perpetuity, with the land, to do upon the Premises each of the following covenants and stipulations, which contribute to the public purpose in that they aid significantly in the preservation of the redevelopment effort put forth with respect to the Buildings, the Premises and the surrounding land area, and which help maintain and assure the present and future integrity of the redevelopment efforts expended on behalf of the Premises and the surrounding properties: f • • 1. Description of Facades. In order to make more certain the full extent of Grantor's obligations and the restrictions on the Premises (including the Buildings), and in order to control the appearance of the Buildings and when taking in combination with the rights obtained or to be obtained by the Grantee with respect to other surrounding properties the impact on the redevelopment effort with respect to the area which the Premises are located within it is stipulated by and between the Grantor and the Grantee that the external nature and appearance of the Buildings as shown in the photographs in Exhibit "A" are hereinafter referred to as the "Facades." 2. Grantor's Covenants. In furtherance of the easement herein granted, Grantor undertakes, of itself, to do (and to refrain from doing as the case may be) upon the Premises each of the following covenants, which contribute to the public purpose of significantly protecting and preserving the Premises: (a) Grantor shall not demolish, remove, or raze the Buildings or the Facades except as provided in Paragraphs 6 and 7. (b) Without the prior express written permission of the Grantee, signed by a duly authorized representative thereof, which permission may be arbitrarily withheld Grantor shall not undertake any of the following actions: (i) increase or decrease the height of the Facades or the Buildings; (ii) adversely affect the structural soundness of the Facades; (iii)make any changes in the Facades including the alteration, partial removal, construction, remodeling, or other physical or structural change including any change in color or surfacing, with respect to the appearance or construction of the Facades, with the exception of ordinary maintenance pursuant to Paragraph 2(c) below; (iv) erect anything on the Premises or on the Facades which would prohibit them from being visible from street level, except for a temporary structure during any period of approved alteration or restoration; (v) permit any significant reconstruction, repair, repainting, or refinishing of the Facades that alters their state from the existing condition. This subsection (v) shall not include ordinary maintenance pursuant to Paragraph 2(c) below; (vi) erect, construct, or move anything on the Premises that would encroach on the open land area surrounding the Buildings and interfere with a view of the Facades or be incompatible with the architectural character of the Buildings or the Facades. (c) Grantor agrees at all times to maintain the Buildings in a good and sound state of repair and to maintain the Facades and the structural soundness and safety of the Buildings and to maintain the property so as to prevent deterioration of the Facades. Subject to the casualty provisions of Paragraphs 5 through 7, this obligation to maintain shall require replacement, rebuilding, repair, and reconstruction whenever necessary to have the external nature of the Buildings at all times appear to be and actually be the same as the Facades. (d) No buildings or structures, including satellite receiving dishes, camping accommodations, or mobile homes not presently on the Premises shall be erected or placed on the Premises hereafter, without the prior written approval of Grantee, which approval may be arbitrarily withheld, except for temporary structures required for the maintenance or rehabilitation of the property, such as construction trailers. (e) No signs, billboards, awnings, or advertisement shall be displayed or placed on the Premises or Buildings; provided, however, that Grantor may, with prior written approval from and in the sole discretion of Grantee, erect such signs or awnings as are compatible with the preservation and conservation purposes of this easement and appropriate to identify the Premises and Buildings and any activities on the Premises or in the Buildings. Such approval from Grantee may be arbitrarily withheld. (f) No topographical changes, including but not limited to excavation, shall occur on the Premises; provided, however, that Grantor may, with prior written approval from and in the sole discretion of Grantee, make such topo- graphical changes as are consistent with and reasonably necessary to promote the preservation and conservation purposes of this easement. (g) There shall be no removal, destruction, or cutting down of trees, shrubs, or other vegetation on the Premises; provided, however, that Grantor may with prior written approval from and in the sole discretion of Grantee, undertake such landscaping of the Premises as is compatible with the preservation and conservation purposes of this easement and which may involve removal or alteration of present landscaping, including trees, shrubs, or other vegetation. In all events, Grantor shall maintain trees, shrubs, and lawn in good manner and appearance in conformity with good forestry practices. -2- 1 f , • (h) No dumping of ashes, trash, rubbish, or any other unsightly or offensive materials shall be permitted on the Premises. (i) The Premises shall be used only for purposes consistent with the preservation and conservation purposes of this easement. (j) The Premises shall not be subdivided and the Premises shall not be devised or conveyed except as a unit; provided, however, that the Grantor shall be permitted to convert the Buildings into cooperatives or condominiums and to convey interests in the resulting cooperatives or condominium unite, provided that the Grantor shall form or cause to be formed, in connection with such conveyance, a single entity for the purposes of performing all obligations of the Grantor and its successors under this easement. (k) No utility transmission lines, except those reasonably necessary for the existing Buildings, may be created on said land, subject to utility easements already recorded. 3. Public View. Grantor agrees not to obstruct the substantial and reg- ular opportunity of the public to view the exterior architectural features of any building, structure, or improvements of the Premises from adjacent publicly accessible areas such as public streets. 4. Grantee's Right to Modify Facade. The Grantor specifically grants to the Grantee the right to enter upon the premises and to construct such improvements and modification to the facade as the Grantee determines appropriate and in the public's interest as a part of the Grantee's redevelopment efforts in the area within which the Premises are located. All such construction and/or modification of the facade shall be at the Grantee's expense. Under no circumstances shall the Grantee be liable to the Grantor or anyone claiming by and through or under the Grantor for any disruption or interference with the access or view of the premises during such construction activities the Grantee covenants that it will utilize reasonable efforts and diligence in completing any such construction effort within a reasonable period of time following the commencement of such construction. 5. Standards for Review. In exercising any authority created by the Easement to inspect the Premises, the Buildings, or the Facades; to review any construction, alteration, repair, or maintenance; or to review casualty damage or to reconstruct or approve reconstruction of the Buildings following casualty damage, Grantee shall apply such standards as it shall reasonably develop and consider to be appropriate by Grantee for review of work effecting architecturally the redevelopment effort within the area in which the Premises are located (the "Standards"), a copy of the Standards shall be provided Grantee in writing, and Grantee shall further be notified whenever the Standards are amended. Grantor agrees to abide by the Standards in performing all ordinary repair and maintenance work and the minimum maintenance program described in Paragraph 2(c). In the event the Standards are abandoned or materially altered or otherwise become, in the sole judgment of the Grantee, inappropriate for the purposes set forth above, the Grantee may apply reasonable alternative standards and notify Grantor of the substituted standards. 6. Casualty Damage or Destruction. In the event that the Premises or any part thereof shall be damaged or destroyed by casualty, the Grantor shall notify the Grantee in writing within one (1) day of the damage or destruction, such notification including what, if any, emergency work has already been completed. For purposes of this instrument, the term "casualty" is defined as such sudden damage or loss as would qualify for a loss deduction pursuant to Section 165(c)(3) of the Code (construed without regard to the legal status, trade, or business of the Grantor or any applicable dollar limitation). No repairs or reconstruction of any type, other than temporary emergency work to prevent • further damage to the Property and to protect public safety, shall be undertaken by Grantor without the Grantee's prior written approval of the work. Within four (4) weeks of the date of damage or destruction, the Grantor shall submit to the Grantee a written report prepared by a qualified restoration architect and an engineer, if required, acceptable to the Grantor and the Grantee which shall include the following: (a) an assessment of the nature and extent of the damage; (b) a determination of the feasibility of the restoration of the Facades and/or reconstruction of damaged or destroyed portions of the Premises; and (c) a report of such restoration/reconstruction work necessary to return the Premises to the condition existing at the date (hereof or of the completion of any required work as set forth in the Easement). If in the opinion of the Grantee, after reviewing such report, the purpose and intent of the Easement will be served by such restoration/reconstruction, the Grantor shall within eighteen (18) months after the date of such change or destruction complete the restoration/construction of the premises in accordance with plans and specifica- tions consented to by the Grantee up to at least the total of the casualty insurance proceeds. Grantee has the right to raise funds toward the costs of restoration of partially destroyed premises above and beyond the total of the -3- r,,, A • casualty insurance proceeds as may be necessary to restore the appearance of the Facades, and such additional costs shall constitute a lien on the Premises until repaid by Grantor. 7. Grantee's Remedies Following Casualty Damage. The foregoing not- withstanding, in the event of damage resulting from casualty, as defined at Paragraph 5, which is of such magnitude and extent as to render repairs or reconstruction of the Buildings impossible using all applicable insurance pro- ceeds, as determined by Grantee by reference to bona fide cost estimates, then (a) Grantee may elect to reconstruct the Building using insurance proceeds, donations, or other funds received by Grantor or Grantee on account of such casualty, but otherwise at its own expense (such expense of Grantee to constitute a lien on the premises until repaid in full) ; or (b) Grantee may elect to choose any salvageable portion of the Facades and remove them from the premises,•.extinguish the easement pursuant to Paragraph 26, and this instrument shall thereupon lapse and be of no further force and effect, and Grantee shall execute and deliver to Grantor acknowledged evidence of such fact suitable for recording in the land records of Palm Beach County, Florida, and Grantor shall deliver to Grant- ee a good and sufficient Bill of Sale for such salvaged portions of the Facade. 8. Review After Casualty Loss. If in the opinion of the Grantee, restoration/reconstruction would not serve the purpose and intent of the Ease- ment, then the Grantor shall continue to comply with the provisions of the Easement and obtain the prior written consent of the Grantee in the event the Grantor wishes to alter, demolish, remove, or raze the Buildings, and/or con- struct new improvements on the Premises. 9. Grantee's Covenants. The Grantee hereby warrants and covenants that: (a) In the event the Grantee shall cease to exist, then all of its rights and obligations under the easement shall pass to and inure to the benefit of the City of Delray Beach, Florida. (b) Grantee may, at its discretion and without prior notice to Grantor, convey, assign, or transfer this easement to a unit of federal, state, or local government or to a similar local, state, or national organization whose purposes, inter alia, are to promote the preservation of the redevelopment effort expended on the Premises and the surrounding properties, provided that any such conveyance, assignment, or transfer requires that the preservation and redevelopment purposes for which the easement was granted will continue to be carried out. (c) Grantee shall exercise reasonable judgment and care in performing its obligations and exercising its rights under the terms of the Easement. 10. Inspection. Grantor hereby agrees that representatives of Grantee shall be permitted at all reasonable times to inspect the Premises, including the Facades and the Buildings. Grantor agrees that representatives of Grantee shall be permitted to enter and inspect the interior of the Buildings to ensure maintenance of structural soundness and safety; inspection of the interior will not, in the absence of evidence of deterioration, take place more often than annually, and may involve reasonable testing of interior structural condition. Inspection of the interior will be made at a time mutually agreed upon by Grantor and Grantee, and Grantor covenants not to withhold unreasonably its consent in determining a date and time for such inspection. 11. Grantee's Remedies. Grantee has the following legal remedies to correct any violation of any covenant, stipulation, or restriction herein, in addition to any remedies now or hereafter provided by law: (a) Grantee may, following reasonable written notice to Grantor, institute suit(s) to enjoin such violation by ex parte, temporary, preliminary, and/or permanent injunction, including prohibitory and/or mandatory injunctive relief, and to require the restoration of the Premises to the condition and appearance required under this instrument. (b) Representatives of the Grantee may, following reasonable notice to Grantor, enter upon the Premises, correct any such violation, and hold Grantor, its successors, and assigns, responsible for the cost thereof. (i) Such cost until repaid shall constitute a lien on the Premises. (ii) Grantee shall exercise reasonable care in selecting independent contractors if it chooses to retain such contractors to correct any such violations including making reasonable inquiry as to whether any such contractor is properly licensed and has adequate liability insurance and workman's compensation coverage. -4- • (c) Grantee shall also have available all legal and equitable remedies to enforce Grantor's obligations hereunder. (d) In the event Grantor is found to have violated any of its obligations, Grantor shall reimburse Grantee for any costs or expenses incurred in connection therewith, including all reasonable court costs, and attorney's, architectural, engineering, and expert witness fees. (e) Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or limiting any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time. 12. Notice from Government Authorities. Grantor shall deliver to Grantee copies of any notice, demand, letter, or bill received by Grantor from any government authority within five (5) days of receipt by Grantor. Upon request by Grantee, Grantor shall promptly furnish Grantee with evidence of Grantor's compliance with such notice, demand, letter, or bill, where compliance is required by law. 13. Notice of Proposed Sale. Grantor shall promptly notify Grantee in writing of any proposed sale of the Premises and provide the opportunity for Grantee to explain the terms of the Easement to potential new owners prior to sale closing. 14. Runs with the Land. The obligations imposed by this Easement shall be effective in perpetuity and shall be deemed to run as a binding servitude with the premises. This Easement shall extend to and be binding upon Grantor and Grantee, their respective successors in interest, and all persons hereafter claiming under or through Grantor and Grantee, and the words "Grantor" and "Grantee" when used herein shall include all such persons. Anything contained herein to the contrary notwithstanding, a person shall have no obligation pursuant to this instrument where such person shall cease to have any interest in the premises by reason of a bona fide transfer. Restrictions, stipulations, and covenants contained in this instrument shall be inserted by Grantor, verbatim or by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself or either the fee simple title to or any lesser estate in the premises or any part thereof, including, by way of example and not limitation, a lease of office space. 15. Recording. Grantee shall do and perform at its own cost all acts necessary to the prompt recording of this instrument in the land records of Palm Beach County, Florida. This instrument is effective only upon recording in the land records of Palm Beach County, Florida. 16. Existing Liens. Except for those matters shown in Exhibit B hereto, Grantor warrants to Grantee that no lien or encumbrance exists on the premises as of the date hereof. Grantor shall immediately cause to be satisfied or release any lien or claim of lien that may hereafter come to exist against the premises which would have priority over any of the rights, title, or interest hereunder of Grantee. 17. Subordination of Mortgages. Grantor and Grantee agree that all mortgages and rights in the property of all Mortgagees are subject and subordinate at all times to the rights of the Grantee to enforce the purposes of the preservation and conservation easement. Grantor has provided a copy of the Easement to all Mortgagees of the Premises as of the date of this agreement, and • the agreement of each Mortgagee to subordinate the mortgage to the Easement is contained in the Addenda as Exhibit C. The following provisions apply to all Mortgagees now existing or hereafter holding a mortgage on the Premises: (a) If a mortgage grants to a Mortgagee the right to receive the proceeds of condemnation proceedings arising from any exercise of the power of eminent domain as to all or any part of the Premises or the right to receive insurance proceeds as a result of any casualty, hazard, or accident occurring to or about the Premises, the Mortgagee shall have a prior claim to the insurance and condemnation proceeds and shall be entitled to same in preference to Grantee until the mortgage is paid off and discharged, notwithstanding that the mortgage is subordinate in priority to the Easement. (b) If a Mortgagee has received an assignment of the leases, rents, and profits of the Premises as security or additional security for a loan, then the Mortgagee shall have a prior claim to the leases, rents, and profits of the Premises and shall be entitled to receive same in preference to Grantee until said Mortgagee's debt is paid off, notwithstanding that the Mortgage is subordinate to the Easement. (c) Until a Mortgagee or purchaser at foreclosure obtains ownership of the Premises following foreclosure of its Mortgage or deed in lieu of foreclosure, the Mortgagee or purchaser shall have no obligation, debt, or liability under the Easement. -5- (d) Before exercising any right or remedy due to breach of the Easement except the right to enjoin a violation hereof, Grantee shall give all Mortgagees of record written notice describing the default, and the Mortgagees shall have sixty (60) days thereafter to cure or cause a cure of the default. (e) Nothing contained in the above paragraphs or in the Easement shall be construed to give any Mortgagee the right to extinguish this Easement by taking title to the Premises by foreclosure or otherwise. 18. Plaques. Grantor agrees that Grantee may provide and maintain a plaque on the Facades of the Buildings, which plaque shall not exceed 18" by 18" inches in size, giving notice of the significance of the Buildings or the Premises and the existence of this perpetual Facade Architectural Control and Redevelopment Easement. 19. Indemnification. The Grantor hereby agrees to pay, protect, indemnify, hold harmless, and defend at its own cost and expense, the Grantee, its agents, director, and employees, or independent contractors from and against any and all claims, liabilities, expenses, costs, damages, losses, and expenditures (including reasonable attorneys' fees and disbursements hereafter incurred) arising out of or in any way relating to the administration, performed in good faith, of this preservation and conservation easement, including, but not limited to, the granting or denial of consents hereunder, the reporting on or advising as to any condition on the Premises, and the execution of work on the Premises. In the event that the Grantor is required to indemnify the Grantee pursuant to the terms of the Easement, the amount of such indemnity, until discharged, shall constitute a lien on the Premises. 20. Taxes. Grantor shall pay immediately, when first due and owing, all general taxes, special taxes, special assessments, water charges, sewer service charges, and other charges which may become a lien on the premises. Grantee is hereby authorized, but in no event required or expected, to make or advance, upon three (3) days prior written notice to Grantor, in the place of Grantor, any payment relating to taxes, assessments, water rates, sewer rentals, and other governmental or municipality charge, fine, imposition, or lien asserted against the premises and may do so according to any bill, statement, or estimate procured from the appropriate public office without inquiry into the accuracy of such bill, statement, or assessment or into the validity of such tax, assessment, sale, or forfeiture. Such payment, if made by Grantee, shall become a lien on the premises of the same priority as the item if not paid would have had and shall bear interest until paid by Grantor at two (2) percentage points over the prime rate of interest from time to time charged by SunBank/South Florida, N.A. 21. Insurance. The Grantor shall keep the premises insured by an insurance company rated "A+" or better by Best's for the full replacement value against loss from the perils commonly insured under standard fire and extended coverage policies and comprehensive general liability insurance against claims for personal injury, death, and property damage of a type and in such amounts as would, in the opinion of Grantee, normally be carried on a property such as the Premises protected by a Facade Architectural Control and Redevelopment Easement. Such insurance shall include Grantee's interest and name Grantee as an additional insured and shall provide for at least thirty (30) days' notice to Grantee before cancellation and that the act or omission of one insured will not invalidate the policy as to the other insured party. Furthermore, the Grantor shall deliver to the Grantee fully executed copies of such insurance policies evidencing the • aforesaid insurance coverage at the commencement of this grant and copies of new • or renewed policies at least ten (10) days prior to the expiration of such policy. The Grantee shall have the right to provide insurance at the Grantor's cost and expense, should the Grantor fail to obtain same. In the event the Grantee obtains such insurance, the cost of such insurance shall be a lien on the Premises until repaid by the Grantor. 22. Liens. Any lien on the Premises created pursuant to any Paragraph of the Easement may be confirmed by judgment and foreclosed by Grantee in the same manner as a mechanic's lien. 23. Written Notice. Any notice which either Grantor or Grantee may desire or be required to give to the other party shall be in writing and shall be mailed postage prepaid by registered or certified mail with return receipt requested, or hand delivered; if to Grantor, then at 301 East Atlantic Avenue, Delray Beach, Florida 33483, and if to Grantee, then to 207 East Atlantic Avenue, Delray Beach, Florida 33483. Each party may change its address set forth herein by a notice to such effect to the other party. Any notice, consent, approval, agreement, or amendment permitted or required of Grantee under the Easement may be given by the Executive Director of the Grantee or by any duly authorized representative of the Grantee. 24. Evidence of Compliance. Upon request by Grantee, Grantor shall promptly furnish Grantee with evidence of Grantor's compliance with any obligation of Grantor contained herein. 25. Interpretation and Enforcement. The following provisions shall govern the effectiveness, interpretation, and duration of the Easement. • -6- • • (a) Any rule of strict construction designed to limit the breadth of restrictions on alienation or use of property shall not apply in the construction or interpretation of this instrument, and this instrument shall be interpreted broadly to effect its preservation and conservation purposes and the transfer of rights and the restrictions on use herein contained as provided in the Act. (b) This instrument shall extend to and be binding upon Grantor and all persona hereafter claiming under or through Grantor, and the word "Grantor" when used herein shall include all such persons, whether or not such persons have signed this instrument or then have an interest in the premises. Anything contained herein to the contrary notwithstanding, a person shall have no obligation pursuant to this instrument where such person shall cease to have any interest (present, partial, contingent, collateral, or future) in the premises by reason of a bona fide transfer for full value. Any right, title or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word "Grantee" shall include all such successors and assigns. (c) This instrument is executed in counterparts, each page of which (including exhibits) has been initialed by Grantor and Grantee for purposes of identification. In the event of any disparity between the counterparts produced, the recorded counterpart shall in all cases govern. Except as provided above, each counterpart shall constitute the agreement of the parties. Immediately after execution hereof, one counterpart shall be held by each of Grantor, Grantee, and the preparer of this instrument, Robert W. Federspiel, Esq., one counterpart shall be recorded as provided above and may be returned to Grantee. (d) To the extent that Grantor owns or is entitled to development rights which may exist now or at some time hereafter by reason of the fact that under any applicable zoning or similar ordinance the Premises may be developed to use more intensive (in terms of height, bulk, or other objective criteria regulated by such ordinances) than the Premises are devoted as of the date hereof, such development rights shall not be exercisable on, above, or below the Premises during the term of the Easement, nor shall they be transferred to any adjacent parcel and exercised in a manner that would interfere with the preservation and redevelopment conservation purposes of the Facade Architectural Control and Redevelopment Easement. (e) For purposes of furthering the preservation of the Premises and Buildings and of furthering the other purposes of this instrument, and to meet changing conditions, Grantor and Grantee are free to amend jointly the terms of this instrument in writing without notice to any party; provided, however, that no such amendment shall limit the perpetual duration or interfere with the preservation and conservation purposes of the donation. Such amendment shall become effective upon recording among the land records of Palm Beach County, Florida. (f) The terms and conditions of this easement shall be referenced in any transfer of the property by the Grantor, his heirs, successors, and assigns. (g) The invalidity or unenforceability of any provision of this instrument shall not affect the validity or enforceability of any other provision of this instrument or any ancillary or supplementary agreement relating to the subject matter hereof. (h) Nothing contained herein shall be interpreted to authorize or permit Grantor to violate any ordinance or regulation relating to building materials, construction methods, or use. In the event of any conflict between any such ordinance or regulation and the terms hereof, Grantor promptly shall notify Grantee of such conflict and shall cooperate with Grantee and the applicable governmental entity to accommodate the purposes of both this instrument and such ordinance or regulation. (i) This instrument reflects the entire agreement of Grantor and Grantee. Any prior or simultaneous correspondence, understandings, agreements, and representations are null and void upon execution hereof, unless set out in this instrument. (j) Wherever the approval of the Grantee is required in this Agreement, such approval may be arbitrarily withheld. IN WITNESS WHEREOF, on the date first shown above, Grantor has caused this preservation and conservation easement to be executed, sealed, and delivered; and Grantee has caused this instrument to be accepted, sealed, and executed in its corporate name by its and attested by its Secretary. -7- m • WITNESSES: GRANTOR: Print Name: MICHAEL GOCHENOUR 301 East Atlantic Avenue Delray Beach, FL 33483 Print Naze: Social Security # • GRANTEE: COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH • By: Print Name: Print Name: Secretary Title: 207 East Atlantic Avenue Delray Beach, FL 33483 Tax ID # STATE OF FLORIDA } } SS COUNTY OF PALM BEACH} Before me, the undersigned Notary Public in and for the aforesaid County and State, personally appeared MICHAEL GOCHENOUR, who has produced a driver's license with identifying number issued within the past 5 years as identification and did take an oath, being first duly sworn and cautioned by me, deposed and acknowledged that he executed the foregoing instrument freely and voluntarily, for the uses and purposes therein expressed. SWORN TO, SUBSCRIBED AND ACKNOWLEDGED before me by MICHAEL GOCHENOUR this day of , 1992. Notary Public [SEAL] My commission expires: STATE OF FLORIDA } } SS COUNTY OF PALM BEACH} Before me, the undersigned Notary Public in and for the aforesaid County and State, personally appeared and , who have produced Florida driver's licensee with identifying numbers and issued within the past 5 years as identification and did take an oath, being first duly sworn and cautioned by me, deposed and acknowledged that they are the and , respectively, of the COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH, that they freely and voluntarily executed said instrument, in such capacities, on behalf of said corporation, for the uses and purposes therein expressed, and that such execution is the authorized act of such corporation. SWORN TO, SUBSCRIBED AND ACKNOWLEDGED before me by said officers this • day of , 1992. Notary Public (SEAL] My commission expires: -8- • SCHEDULE OF EXHIBITS A. Photographs of Protected Property (Baseline Documentation) B. Affidavit of Existing Liens or Encumbrances C. Mortgage Subordination Agreement(s) -9- • • H.CASSEDY SUMRALL,JR.,P.A` EXHIBIT °d 54 Northeast Fourth Avenue ' a 6 Delray Beach,Florida 33483 ♦ • NO,I S .n, 3:=n... -ti 7 i 7 r 'his Instrument Prepared by: 2 iWJtr-Li-:i�2 !!J.:`r I!I �i�—J�tir f ._�,G �,...: H.CASSEDY SUMRALL,JR„P.A. ORS 7459 P3 1117 54 Northeast Fourth Avenue J Delray Beach,Florida 33483 Con 75)000.Di] Doc . .,_ itit `_0.00 Pell iir roperty Appraisers Parcel Identification (Folio) Number(s): CLERK aOr THE COURT - PE COUNT in FL 12-u 3 4(0 1(z of OR" -oor)o SPACE ABOVE THIS LIRE►OR RECORDIHO DATA v a e eed Executed the . 1•b day of October A. D. 19 92 by MICHAEL E. GOCHENOUR, a single man hereinafter called the mortgagor,to MILDRED W. SANDERSON, a single woman hereinafter called the mortgagee: (Wh and herein the tern,. "metre." and "moat&atae" include all the parties to this instrument and the help, kcal repreuntatisa nod nisi n, of individuals and the ,uccwnn and aui&n, a! corPn'annw; end the term "note' includes ail the note,herein described it more thin one.) Witnesseth, that for good and valuable considerations, and also in consideration of the aggro-. gate sum named in the promissory note of even date herewith, hereinafter described, the mortgagor here- by grants, bargains, sells, aliens. remises. conveys and confirms unto the mortgagee all the certain land of which the mortgagor is now seized and in possession situate in Palm Beach County. Florida, viz: Lot 7, less the South 9.85 feet of the East .27 feet thereof, Block 92, DELRAY RESUBDIVISION OF BLOCKS 91 AND 92 and the West one-half of BLOCK 99, TOWN OF LINTON, according to the Plat thereof, as recorded in Plat Book 2, Page 21 of the Public Records of Palm Beach County, Florida. THIS IS A PURCHASE MONEY FIRST MORTGAGE. • and shall perform, comply with and abide by each and every the agreements. stipulations. conditions and covenants thereof, and of this mortgage, then this mortgage and the estate hereby created, shall cease. de• (ermine and be null and void. end the mortgagor hereby further covenants and agrees to pay promptly when due the principal and interest and other sums of money provided for in said note and this mortgage, or either: to pay all and singular the taxes, assessments, levies. liabilities. obligations.and encumbrances of every nature on satd pro- perty: to permit, commit or suffer no waste. impairment or deterioration of said land or the improvements thereon at any time: to beep the buildings now or hereafter on said land fully insured in a sum of not less than the full insurable value. in a company or companies acceptable to the mortgagee, the policy or policies to be held by, and payable to. said mortgagee, and In the event any sum of money becomes payable by virtue of such insurance the mortgagee shall have the right to receive and apply the same to the indebtedness hereby secured,accounting to the mortgagor for any surplus: to pay all costs, charges, and expenses, including lawyers fees and title searches. reasonably incurred or paid by the mortgagee because of the failure of the mortgagor to promptly and fully comply with the agreements, stipulations• conditions and covenants of said note and this mortgage. or either: to perform, comply with and abide by each and every the agreements, stipulations. conditions and covenants set forth in said note and this mortgage or either. In the event the mortgagor fails to pay when due any tax, assessment• insurance premium or other sum of money payable by virtue of said note and this mortgage, or either, the mortgagee may pay the same, without waiving or affecting the option to foreclose or any other right hereunder. and all such payments shall bear interest from date thereof at the highest Inu.• ful rate then allowed by the laws of the State of Florida. Ifany sum of money herein referred to he not promptly paid within thirty days next after the same becomes due, or if each and every the agreements. stipulations. conditions and covenants of said note and this mortgage, or either, are not fully performed, complied with'and abided by. then the entire sum mentioned In said note, and this mortgage, or the entire balance unpaid thereon, shall forthwith or thereafter, at the option of the mortgagee, become and be due and payable, anything in said note or herein to the contrary notwithstanding. Failure by the mortgagee to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said note or this mortgage accrued or thereafter accruing. In Witness Whereof, the said mortgagor has hereunto signed and sealed these presents the day and year first above written. Si e sea and (delivered diin the presence of: Si — • V ,.. . u rrl.c�LL `�..' 4 ri,e 5 .... ... MICHAEL E. GO ENOUR • 3-1, Celt c fr/ccl. fj /Y)A7S r/ . l STATE OF FLORIDA, COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared MICHAEL E. GOCHENOUR, a single man, who produces a driver's license as identification to }faalrrXX.iC`t2SX'GX (Xf•1GXXXXKX2F1EUXX and who executed the foregoing instrument and he acknowledged before me that he executed the tame, ,and did take an oath. WITNESS my hand and official teal in the County and State last aforesaid this 1L- day of October A. D. 19 92 Notary(Public, State of Florida CAROL Jcomsani.MAY3 My Commission Expires: j�� '+j� :,e,.,d May 26, 1995 ,,.• eotaen Tttw may Fatty e+sww+ct,nu. RECORD VERIFIED PALM BEACH COUNTY,FLA CLERK CIRCUIT COURT AIL_ . ••., ' .• . . .. . .. . . .. . . _.._ E D ..•••_. •_ __ _• RINI ,-,--,:-.1,-,-,!:.-.,1-i-rzt.,:c.: • .. ar,;. • .._,..i.,,- ,......___ . 1 a lc., . ..., .. 111 ...111..;;:i. :,: g ra _... K.25. . •r. El. IllarKm,m.....••••••• ............ ......,..... . r„.;.. 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I h4 MN Y•••.Th.I.44 M r•0•,4•r••••/,••r l t/1•.I^v.l VI••f III I j 1....... a,...•••�r na r Y••t•W Y r•pr r•..p•/r 11 I I /.yy r+W . -r•W 4 Y,/r•Yr 110 ow.y.Y•1 rr••1 r•••r• 1.o...ix•,•. yl...Yy•{••r4/•41.1.1•I.4/rY A• mu.,mu •1•-r Oa M 4wrlr p.,Y r•,r r4 Y.Y.IGni I .O .mornaam ANSI ea) ••�.e•or.�rrY..r•. • V f l '. I )1 ELWOOD'$ • L.�■ C MF 1< BAR•B•OUE - _ _ --r 1-.•T- --------'-- '—•- I M Ia: ✓r O •_iu attlu•✓I• ,..r [4' , Gud1W,o14$ i + +'q. GENERAL NOTES Ir..-- - `_ - I 9•Yr,l.•,4� ,,,«,1 • '} •.+� Delray Beach,FL, 1 r.o.,Iew•h�•w•w••_r r•1-••r,..•.. Yw e.�Cld•.•D....__.101LL I �- nnnnn ...r. 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LAN��1' il., A-5 1/4'-f-0' APPENDIX D FLAMINGO SERVICE STATION DESCRIPTION REPORT - •�;., .t a THE FLAMINGO SERVICE STATION 301 East Atlantic Avenue Delray Beach TABLE OF CONTENTS I . General Information II Location Map III Architectural & Structural Information IV Historical Information V Significance & Designation Criteria VI Selected Bibliography & Appendix VII Photography _'.2-.•+w j. .ii`•. +, e.:1!•1 fill?:. - • :.: - —Z. .,:. . - .• : `ir . ; ; r i •1-1 ati t 1- f AM. III t i . •. "' •a r+ •- _ --1 • • • GENERAL INFORMATION LOCATION : 301 East Atlantic Avenue , Delray Beach CONSTRUCTION: 1941 (Permit issued August , 1941) Opened December 20, 1941 BUILDER: John Thieme OWNERS : Paul P. & Mildred W. Sanderson PRESENT USE : Vacant. Former Service Station PRESENT ZONING:Central Business District(CBD) LEGAL : Town of Delray , Lot 7 , less South 9.85' of East 27 ' ,Block 92 TAX FOLIO: 12434616010920070 — '---; $ 1„3 liffin se se if'0{ ,,i. iz i3 N , 77— IIMIE Ir(ftt— 1". 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I I ; 9 ,..0,j » 7: n • .ry t fi I /6 15 /4 ,5 /6 /7 e 8 9 .o // 1 rd. 3 2 / % Z +J s S 16 dim 1/ Lt1! • 1111 t' //.••• . t,• . •!1 I . f .: , • if`mf . •.' • t�s' �' ( . I • Mr u t on 1 •� �. Sd s t^ s�• • o -,d T L A tv T!G .o •o ••YE. _�, ! , i - 1 lalj - .- . 4't +tt • {It: ,C7•},7Ji I f.' " VS` dS 6L')e .n1 • I • I • I • .1 .. I -Idl "' .. I ;6 s 4 3 z 4 Z. 2 3 4 5 6� $/ 12I 3 1 ! ./ 2 3_ ?/ •2 3 :4IS66 ''.213.4� _ retA� .,/ t I I ;do e/,i .cLrt i ' ,►, I skiii _' Ifl '_ I 11 24 n 7 w z ot• ' I. I SCALE /M fff1 O .00 SOO SOOOOO\\�/�� III SOO III (1".'1‘C CI A 6(1 I NIGO E 2. T1O&•I -- 501 eult A LPN 11G D C(Oa E -- Al III . ARCHITECTURAL & STRuCTURAL INFORMATION A one story , Streamline Style Main Street Commercial Building featuring a lwd horizontal profile curvilinear , concretewith an eyebrow, extended upright roof line above The entrance door , plate glass window, and two matching overhead loading doors are of equal heighth,and provide a vertical element . The eyebrow, facade , and roof line recessedwbanding provide detailing. The West Facade has matching period ws. The North Facade has a pair of what might have been ornamental glass block openings . The heightening parapet roof line extends on three sides of the building. The building once contained a massive hydraulic lift , and an art deco style chassis lube console. STRUCTURE Situated on a 6,830 square foot site, the officebulng space tains ns 935 square feet of work area, 390 sq. ft . of 4500 square feet of paved area . Cement block construction with a wood truss roof ,masonry interior walls , and concrete floors. All gasoline pumps, signage , vintage round coca-cola box , and other period details have been removed. The structure is in good condition, and is threatened by current code requirements in adaptive reuse . IV. HISTORICAL INFORMATION In August , 1941 , the Standard Oil Company was issued a City building permit for $5 ,500 to construct a service station at 301 East Atlantic Avenue. On December 20 , 1941 , the SeDrvice Station opened . Built for the Harvel Family by prominent ay builder ,John Thieme, it was designed in the popular StreamLine Deco architectural style of the time. In 1944 , the station was purchased by Paul Sanderson . A Delray resident since 1928 , Mr. Sanderson' s father was a Depot Agent with the Florida severalEast blo blocks awayRailway) . w • to the p e moved his r Flamingo esent location Service from emplPredoyee , a gasoline nes providedn station , Mr . •aspects Sanderson of automot ve longtime care employee , Eddy Y and personal service. Though built in 1941 , it stood empty during WW II . Sanderson and City Council member , Roy Croft operated a service- station at Federal Highway & Atlantic Avenue - "The Flamingo" . There they directed a a ten car taxi service , between 19BocheRaton' s Army Air Corps Base and downtown Delray . In May , ed the Flamingo at its present location . He purchased it for $1700 with partner , J . Leroy Croft V . SIGNIFICANCE & DESIGNATION CRITERIA "notable in character" ,* "the oldest gas station in Delray Beach" ,** "A favorite hometown spot" ,*** "The Flamingo" is the last remaining original service station on Main Street . It exemplifies a time when Delray Beach was the automotive capital of Palm Beach County . The architectural design compliments the Boyd Building and The Presidential . They are the last remaining examples of their pre-WW II Streamline Style. "The Flamingo" represents the broad cultural history of the fabric of Main Street and the purposes which a Main Street served . *Sun-Sentine1 , 21 Feb , 1983 **Boca Raton News, 22 Feb, 1982 *** 22 Feb 1982 , Boca Raton News VI. SELECTED BIBLIOGRAPHY Sun-Sentinel Palm Beach Post Boca Raton News Interviews: Mrs . Mildred Sanderson Mr. Roy Marvel City of Delray Building Records a STATE OF DEPARTMENT OFRSOTATE FLORIDA MASTER SITE FILE • Dwifbn Ot Afch,ves•M.11Ory Site Inventory Form FDAHRM 802= = and Rsco ds Menag.m.nl DS•MSP•3AAA Rev.3.79 1009= = Site No. Site Name FLAMINGO SERVICE STATION 830= = Survey Date 820= = Address of Site: 301 Vas,- At- 1 an*ir AvP_ fP1ray Rear-h 905= = Instruction for locating 813= = Location: Linton 92 7 868= = PALM _t v !ir name block no. lot no. 808= = County: �;(�( �( Owner of Site: Name: J_ H. Hughes & T,_ A. Address: 10 I1 F Fift-h Ave , Delray Beuh- 902= = Type of Ownership Private 848= = . Recording Date •5-5-86 832= = Recorder: Name & Title: ' Sanford Smith Address: HPRC'PR 818= = Condition of Site: Integrity of Site: Original Use Service statioft38= = Check One Check One or More Present Use same 850= = ❑ Excellent 863= = II Altered 858== Dates: Beginning 1941 844= = f Good 863= = 0 Unaltered 858== Culture/Phase 840= = . ❑ Fair 863= = OriginalSlte 858== Period 845= = 0.Deteriorated 863== 0 Restored( )(Date: )( )858== . 0 Moved( )(Date: x )858== NR Classification Category: Building 916= = Threats to Site: Check One or More ▪ Zoning( x x )878= = 0 Transportation( )( K )878= = ® Development( x K )878== ❑ Fill( x x )878= = O Deterioration( x K )878= = 0 Dredge( x X )878= = ❑ Borrowing( K K )878= = 0 Other(See Remarks Below): 878= = Areas of Significance: Architecture. commercial 910= = • Significance: - • A clean unaltered example of commercial • architecture designed for an automobile service station. • • 911 = = rs. ARCHITECT Unknown _ Unknown 872_ = BUILDER 874= = l STYLE AND/OR PERIOD' Votder re commerc i al architecture 964= = PLAN TYPE rectangular 966= = EXTERIOR FABRIC(S) cturrn 854= = STRUCTURAL SYSTEM(S) concrete block 856= = PORCHES none 942= = FOUNDATION: conrrPtp _ 942_ = ROOF TYPE: flat 942= = SECONDARY ROOF STRUCTURE(S): 942= = CHIMNEY LOCATION: 942_ = WINDOW TYPE: casement; garage door 942= = CHIMNEY: 882_ _ ROOF SURFACING: bui it ]p tar and grayo1 882 =ORNAMENT EXTERIOR: 882= = NO.OF CHIMNEYS 952= = NO. OF STORIES one 950= = NO.OF DORMERS nnnP - 954= = Map Reference(incl. scale&date) Del ray Beach topographic, 1: 24, 000 1962, 1983 809= = Latitude and Longitude: 800= = Site Size(Approx.Acreage of Property): L T 1 833= = C LOCATION SKE H OR MAP Township Range Section ai I N11\ , south east • cn I Q � 46 43 16 __ _ • • % UTM Coordinates: 812 W Cx' C4 E j 890= = , r4 Zen. Ea sling Northing • :; SO Z ix East X a A t 1 a nJ-i.c�- a ;—Ave• X in 34 w • 1 w X i / v l Photographic Records Numbers 860= = Contact Print .