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HPB-10-02-1996
Correspondence received after the Historic Preservation Board meeting of May 3, 1996, at which the date of June '19, 1996 was ettablished for the Public Hearing. . : Venture Concepts tetion , corporate June 21, 1996 J �j 2 , �1996( il t(J f r____________________7 ii i: Mayor Jay Alperin CITY M4 "PFI(;E ,1 ' 1 ! City Commissioners Karen Kiselewsld,David E. Randolph, Sr., �' ��� 2 4 I �' Kenneth Ellingsworth, &Kevin Egan E Dear Mayor& City Commissioners, After recently attending the Historic Preservation Board Meeting of 6/19/96 I would like to reiterate my position regarding the creation of a six property historic district along South Ocean Boulevard, from 501 S. Ocean to 701 S. Ocean: 1) The City Commission and the Historic Preservation Board have on file letters of objection and signed petitions of opposition from all six(6) directly affected property owners within the proposed district. Those owners include Mr. Thomas Worrell, Jr., letter dated 5/9/96, representing the properties at 501 and 511 South Ocean, from Mr. William T. Black, letter dated 5/21/96, representing the property at 521 South Ocean, Mr. Thomas M. Melon, letter-dated 5/3/96, representing the property at 601 South Ocean,Mr. Frank E. McKinney, letter dated ' 6/6/96, representing the property at 611 South Ocean and Mrs. Mary Ella Alfcing, letter dated 5/17/96, representing the property at 701 South Ocean. 2) City of Delray Beach staff members, including Pat Cayce, the city's Historic Preservation Planner, has recommended on three separate occasions against the district. At the public hearing meeting on the 19th of June she submitted her staff report that warned against sending the wrong message to the citizens of Delray Beach by implementing a district when there was 100% opposition from the affected property owners. 3) The City Commission and the Historic Preservation Board have on file letters of objection and signed petitions of opposition from seventeen(17) out of the eighteen(18) oceanfront property owners (one owner is out of the country)adjacent to and abutting the proposed district. Contrary to the position of the preservationists,these property owners are rightfully opposed due to the devaluation in their land and difficulty in selling these properties if a district were to be created. 4) There are voluntary means already available and in place through which a property owner can privately pursue individual, voluntary historic designation. In closing, the message sent by the preservationists and the four members of the Preservation Board who voted in favor of the recommendation was "preservation rights over private property rights". This approach is wrong and potentially dangerous. When considering the issues set forth above, I would hope that July 9th, 1996 will be the last time this issue is brought forth and the City Commission will, as the affected property owners have,vote against the proposed district. . El%Sincerely ` ,t.ktS1 ll ,Thy.,,,,‘(_ /ae � U' �n 1`�#�0 Frank E. McKinney, owner 6 1 South Ocean and 1171 South Ocean �� FEM/J'm �U�� \\JCa 72 Southeast 6th Avenue • Delray Beach, Florida 33483-5314, U.S.A. ?\-i'`\ Telephone 407. 274.9696 • Fax 407. 274.0850 .,• ': A &at�,, , PRESERVATION'. FOUNDATION. - • �"`• • : �61%C • O F P A L M. B E A C H . . ��`'"`'�`'� Dedicated to preserving our architectural.&cultural heritage and the unique scenic quality of the Town of Palm Beach REL,L_-:VED Mrs.Polly Anne Earl - JUN 4 'r Executive Director 2 1996 Trustees June 18, 1996 CITY NIA- -- , NTI{`F •Mr.John D.Mashek,lc. President . • Mrs.Robert M.Fomon Vice President •Mrs.Robert M.Grace Vice President - y/ '1udgeJames R.Knott Mr. Jon Vaughn, Chairman Vice President Delray Beach Preservation Board Mrs.William H.Mann Vice President City Hall • •Mr.Allen E Manning Vice President 100 NW First Avenue . Mr.John d.Schuler Vice President• Delray Beach, FL 33444 Mr.L Frank Chopin - Secretary and Counsel Mr.Henry P.McIntosh IV Treasurer Dear Mr. Vaughn: Mr.George Abbott Mrs.Nathan Appleman Mc&Mrs.Francis H.Appleton On behalf of the Preservation Foundation of Palm Beach, I would like to •Mr.John J.Brogan Mr.Edward R.Broida . support the establishment of the South Ocean Boulevard Historic District. In view of I rs.ud EdWwinC M.00k Burke . the tax advantages.available in Florida for qualified restoration projects and-the more rs.F.Eugene Dixon.Jr. r. rsMaxMfisher lenient rebuilding regulations available to designated properties under FEMA rules, •Mrs.Henry Ford II we hope that your board will take note of the benefits of historic preservation now •Mrs.Philip N.Fortin 'Mrs.Andrew P.Fuller available to home owners. Our own study of property values has shown that Mr.Leonard M.Heinc,Jr. Miss Danielle A.Hickox landmark designation carries no adverse penalty in terms of property values. Mc Henry P.Hoffstot •Mrs.Philip Huliar Mr.&Mrs.Michael T.Kaiser In closing, I would like to endorse the National Trust for Historic Mrs.David J.Mahoney C. er'Mrs.ChandlMuhek ' 'Mrs.lack dlerC. y Preservations letter to you on this subject. We too find historic preservation.is a great Mrs.Henry P.Mclntosh IV community benefit. •Mr.&Mrs.Michael A.McIntosh 'Mrs.O.Ray Moore • Mr.&Mrs.William G.Pannill Sincerely Mr.David B.Robb,Jr. , Mr.&Mrs.Leighton A.Rosenthal Mrs.John H.Schuler •Mrs.Earl ET.Smith �L. Q� f)\ s . Mr.Jeffery W..Smith f�3��-^^-�— t� ' 'McLloydH.Smith � � Mr.Scott A.Snyder Polly Anne Earl '''� Mrs.L Suffern Tailor ` �S Mrs.John L Volk Executive Director V�1� - MrsJosephA.WebsterIII C. 3 1��` 'Mrs.Bradford A.Whittemore w C!n i) 'Mrs.Le Baron S.Willard,Jr. `�1\ '� PAE/sdw Advisory Trustees 7.O\\,NG 'Mr.&Mrs.F.Warrington Gillet,Jr. ���' aL •Mrs.James Stewart Hooker enclosure P�P�Ni •Mrs.Robert A.Magowan 'Mr.&Mrs.William A.Read,Jc •Mr.&Mrs.A.Lachlan Reed •m 1/rrimerSachs cc: Mayor Jay Alperin and City Commission Carolyn Patton, Preservation Society of Delray Beach Executive Offices: 3 S 6 South County Road, Palm Beach, Florida 3 3+80 • +07-8 3 2-07 3 I - Fax +07-8 3 2 7 17+ Library: Sea Gull Cottage, 5 8 Cocoanut Row, Palm Beach,Florida 3 3 4 80 Pans Garden: 38Ii I lihiscus Avenue. Palm Reach. Florida 3 3+8 0 EDGAR W. MAXWELL • • • • ti:arc:: 3' 1^9D HAND DELIVERY Mrs. Polly Earl Preservation Foundation of Palm Beach Palm Beach, FL 33480 Dear Mrs. Earl: With reference to our previous conversations, please be advised that I have made a study of those properties, which have sold after being placed in Landmark Preservation Category, by the Town of Palm Beach, Florida. As of June of 19E7, the Public Pecords indicated 26 sales of Landmark properties, which have occurred after they were designated: four sold during 1981, two during 1983 , four during 1983 , six in 1984 , two in 1985 and eight in 1986 . In reviewing these properties, I found that none of the 26 sales, occurring after Landmark designation, indicated any diminution in value, nor any diminution in the increment of increase in the market place, since their last sale prior to designation. • As of the current date, there have been ten additional sales __ of Landmark designated properties, bringing the total number to 36 . In reviewing these last ten sales, again, there was no indicated diminution in value from their sale prices prior to designation, nor was there any indication that their increment of increase in market value after designation was reduced or was less than that which has occurred for similar undesignated properties. June 5c\, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Dekay Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely,- M address: y /Q/ eo- gr44, t—i. 3.3'653 cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce FCEIVED JUN 19 1996 ptANNING &ZONING June 19, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sinc ely, n My address: /O 1 '7 A M-tRS gg,gc,s,l, L E g Y33 cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce CIIIVED JUN 19 1996 PLANNING & ZONING JUN-19-96 WED 16 :24 TIERNAN 407 272 6691 P. 02 June , 1996 vEradvED Mr. Jon Vaughn, Chairman lug 19 1 and Members of the Board Historic Preservation Board City Hall PLANNING & ZONING 100 Northwest First Avenue Delray Beach,Florida Via Fax. 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A, including all houses and lots from 501 through.701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the riistruths about historic preservation--it does - not take away rights,but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, (e*! IAA My address: Not e +r a.if) U S Gt et r. cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce W� t 1 vP W i+C* i 141 e Coo a r Ck-rl c r7 s`t-{ten,-' pre cc v t1 c fl tt r y G l o h bc•( h c3( p )e-c'S v-rd.b 1 1 pre s e r a v� JUN-19-96 WED. 16 :23 TIERNAN 407 272 6691 P. 01 lune , 1996 pczifvED Mr. Jon Vaughn, Chairman and Members of the Board JUN 19 1996 Historic Preservation Board City Hall PLANNING car ZONING 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in.support of the establishment of the South Ocean Boulevard Historic District along the east side of AMA, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, ' My address: cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce t;,ti - � mot, rr�vz . aKtc e_ core cam. 8A Sun-Sentinel, Tuesday,June 18, 1996 CE3V CP1 N 1 ON Sun-Sentinel Scott Strum P1 St. Mak Publisher • ,�E�a(rl�Maaucker, Editor'mu Dedicated to being the most valued tnen'So�ten4 Ur • information provider in South Florida. Kingsley Guy, Editorial Page Editor EDITORIALS Ili\ I • - _ Give S. Ocean Boulevard district • historic designation without delay ix hours before the Delray Beach abled Delray Beach to retain for future gen- Historic Preservation Board was , erations some nostalgic memories of its origi- scheduled to meet last month,a bull- nal Old Florida character. dozer levelled one of the six ocean- This demonstrated concern for honoring its front houses the panel was consider- heritage was one of several factors that ing whether to save. helped Delray win the coveted designation as !The pre-emptive strike by new property an All-American City in 1993. owner Thomas Melone,a New York attorney. The remaining four houses that would be demolished the graceful,two-story Snyder included in the South Ocean Boulevard His- House at 601 South Ocean Boulevard,a 1937 toric District comprise the Nisbet House(a Resort Colonial-style home designed by Monterey Vernacular design built in 1934-38), noted Palm Beach architect Gustav Maas. the Johnston House(a 1938 French Resort Melone,who paid$2.2 million for the prop- Colonial).the Riley House(a 1939 Resort erty earlier this year,plans to build a modern Colonial)and the Noyes House(a 1939 3,500-square-foot house on the site,which is Mediterranean Revival). situated adjacent to a large replica of a All the houses were built for wealthy fami- Fhench chateau that is currently under con- lies,but.in keeping with the national mood struction. in the latter years of the Great Depression, Melone's action enabled him to sidestep they were much less ostentatious than the the moratorium on development of the four palatial residences being erected 20 miles remaining properties in the city's proposed north in Palm Beach. Some trace their lin- South Ocean Boulevard Historic District that cage to architects Maas and Samuel Ogren, was imposed by the board on May 3. whose names enjoyed the same cachet in Del- The next act in this growing confrontation ray Beach as Addison Mizner's did in Palm between the development rights of property Beach. owners and the community's desire to pre- According to the city's criteria for designa- serve its past will occur Wednesday night, Lion as a historic district,the proposed prop- when the Historic Preservation Board con- erties must: ducts a public hearing to assess subort for ■Exemplify the historical,political,cul- the proposed district. tural,economic or social trends of the corn- Issuance of permits to develop or change munity in history. the target properties in any way is currently ■Portray the environment in an era of his- being blocked until the City Commission can tory characterized by one or more distinctive resolve the issue. architectural styles. Historic preservation has been a lively con- ■Embody the distinguishing characteris- cern of Delray Beach residents for nearly 10 tics of an architectural style,period or years. Up until recently,property owners in method of construction. the current four historic districts tended to ■Be a historic or outstanding work of a he very much in favor of their special desig- prominent architect. nation. The South Ocean Boulevard district quail- Following the 1987 enactment of a model tics on all counts.The board should enthusi- preservation ordinance,the creation of the astically recommend that the City Commis- Old School Square,Nassau Park, Del-Ida sion make its special status official as soon as Park and Marina historic districts has en- possible. • k• , j , 8A Sun Sentinel,Tuesday;June 18, 1996 �l *: # i OPINIO 4 1;iiii-Sentinel : , --..--il Scott C.'S►nith;President&Publisher f Earl Maucker Editor „� Dedicated:to been' the most valued E y Ilen'Soeteber, Managing Editor , information provider in South Florida. Kingsley Guy,Editorial•Page,Editor• ' LETTERS TO THE EDITOR L. 1 We must ht for another historic district in Delray Beach 1 l In the beach ne ghborhoods of Delray Beach,his which a;historically-minded buyer can be soughtor, {toric houses are sytematieally bulldozed.,We can stop the structure:saved through moving: i ,4# :this •OnWedneslay, the:-'Historic Preservation The'old•.bugaboos;about'a'district destroying ' {`:`'Board'iwill considar making the.South OceanBoule property rights:is just a•:bunch•:of demolition=dust 3s yard Iistoric Dishct This could be a turning point '`You.can do everythingkyou could:do before a his 'in,saving other historic neighborhoods in the-city, (,;toric district was:formed,-you just'have to:do'�it�so it r.: ``' "'where a district.as not been:created in seven :fits the;character of the.neighborhood. Owners are - '`years.,`Delray Beads•has done an admirable 'ob of a orded rather sizable prope rty rty tax reductions for {'saving downtown;Ind•some residential districts .I renovation,.and property:values,'contrary to the 1 ;t nearby;,but that's Mere it stopped seven years ago. propaganda,go up. 1 Since'that.time,u this district,one historic house ,There's much more value.to a neighborhood than. i':has been moved lid another destroyed just six- development value; especially when it's a historic ' t lours before•.a,heaang that put a freeze on demoli- neighborhood.;Everyone:who reads this must.come { €Lions. The developer-said the.house was not big :to Wednesday.'smeeting and ask to'have.this district ! {enough for his clii nt, but how.about adding'on? formed.We've destroyed enough:Florida: Tr Nothing in our historic codes prevents that,or:even .' CAROLYN. H:R:PATTO1I ;demolition, after.a*ecent Six-month period during :#$`,30, � Delray Beach ' 51 . Y f . 2€ �: ;.. F1� ,w ni'rtl i�Pystlfif9tiih• S , ;t .t .i: ,� . . �T „3� •., , Y %' .y ,', 1 .. 7�n�s� y� xt.`�'� .i,� -,�b�E $d ; • i s+t $ _. moo _ 4 ,y ° • • x��^i3 a� PC:Pe. F . Lp, dy + q t' Ca I `,�' FI' -mot yam „ ,, -.... ,:-.., ,,,,,,,. .. ,.....,..1.q. ..-z. --, , '4,0 l• -.4cce : + . I t- r r ti . : y i t a s J ,-0 E. 't5-N +''n�. j e� i "? tt ' l Fa O� VOL. 23ISSUE 12 fral » freif a 1. , ' Di a JUNE 17, 1996 41rZ e Beach battle brews over old. homes �� • . Preservationists and developers are at odds over By Jeff Perlman •• Staff Writer proposal for historic district to protect old homes You could call it the battle for the beach. • 1. On one side are preservationists,those who want-to . protect Delray's seaside homes from those who would replace them with huge multi-million-dollar man- sions. .:+f `---- On the other side are those who believe in the rights • i. ;' ".r eo'`"^�--�_ -. of property owners to fully realize the economic - ^�=.�.N„Y potential of their properties. • t " Y On Wednesday,June 19,at 6 p.m. the two sides- -i'"„ and some who fall somewhere in between—will have • r' '' " �" "�^ry a chance to air their views before the Historic M r _A • "_`.. ti Preservation Board.The board meets at City Hall,100 N.W-First Ave. _ � � a .—� - Short-and long-term issues j r" -a..s.t.• as x �r!' •f y� i �' ,.J. <� es The immediate issue to be decided is whether to cre- 1 ; �� , , 1. k' _ , 10-4, ate a historic district on South Ocean Boulevard.The ii T., �r t $: r� r 3 proposed district consists of five homes and one new , R ' f ;:.. house under construction on the east side of State . • - ' y.' .• ,' Z. , w L i e�•: Road AlA from 501 to 701 S.Ocean Blvd.The district 3 �� "^4. TA. ',+;F is significant,preservationists say,because it contains '( - Y "" ?� 2' the former homes of several prominent northeastbu ? t, " ness leaders who chose Delray as a winter home in the • ; ,` x : t, 0, ;. .-0, 1930s.Now,due to encroaching development from the " • ti south, this enclave of five remaining homes is threat- a - ri , ` ened,preservationists say. 't ri A; But for many with economic interests along the 1 ` x ^' ,�'.- s " :'"'' t *' 4 ` i, beach, the long-term issue is the future of beachfront _ ".• _ i . ,,... ,e l i't..<' '" . :� .. 4t" '� `` `F�?" development in the city. Staff photo by MARK FREERKS The two sides feature personalities who have been • j HISTORY ON THE BEACH ...Oceanfront developer Frank McKinney has worked on numerous home restora- allies in the past. Namely,Carolyn Patton and Frank Lions and says he favors preserving Delray's historic past. However, he says he believes that property owners McKinney, the two principal figures responsible for • • should have the right to build new homes along the beach. Others say without protection Delray's beach front preserving the natureas center. past will be swept away. "The district makes sense geographically, historically and architecturally," says The two sides were drawn when the Snyder House - Professor Donald Curl,chairman of FAU's History Department."These houses were constructed in an era when at 601 S.Ocean Blvd.was demolished this spring.The taste and deco ill were the watchwords for Delray Beach. Ostentatiousness was for Palm Beac se home's new owner, Thomas Melone, ordered houses are a u reminder of this earlier time and should be preserved." See BEACH on Page 5 ( l • • _ - t ,t 1 1 , (i t f A ! I JUNE 17,:1996 MONDAY PAPER Page 5 ' Beach - a • SFNN writers 1 Continued from Page 1 desig f i n tionhwsouId lower propertyb bring and ` McKinneyOpponentsa district fear that once hotO ra hers in award an oceanfront developer, to demolish the South d District is established resere outside o p g p. S ` home because he was concerned that the creation of a vationists will continue until the whole beachfront area The Florida Press Associat• ion recently j historic district would stop his plans to build a new is designated, an action they say would cripple announced it's results from the 1995 Better Weekly 1 home on the lot.Melone had heard that preservation Delray's burgeoning oceanfront market harming the Newspaper Contest:, • ists would seek an injunction that would block his city The South Florida Newspaper Network which plcuis. , . F • • McKinneyhad been seekinga buyer to move the Misconceptions includes the'Boca'Monday,=.Boca Thursday,won 13 y But Patton contends that people misunderstand the awards in the 12,000or more circulation'category - , home off the property.He offered the house for a nom- nature of historic districts. She says she has owned Here are the winners inal fee to anyone willing to pay to move it off the lot. •.Ma McNeil Boynton Tunes; First Place' He said several prospects were interested and that property in the Marina Historic District since it was IY Yn • he was broken-hearted when he saw the home. News Story_: • p p established in 1989.' "My property value has grown; she says. "We •Jeff Perlman;Delray Tunes,Fast Place Sports destroyed. recently saw a small 1,500-foot cottage sell for$399,000 Story •But when he got the order to demolish the home,he • Mike Laderman, CommunityNews, First says he was left with no choice. and that's just one example.The Historic Preservation Board has been great.The Delray Beach ordinance is Place Serious Column, Sally Latham Memorial It didn't have to happen,". says McKinney who not restrictive at all.All it does is create a dialogue if Award takes pride in his record of restoring homes along the you're going to demolish or add on to the property." ••.Carolyn Kovach,.Boca Monday - Boca beach and on Delray's historic Banker's Row in Joann Peart,a Patton ally,says historic districts actu- Thursday,Second Place Feature Story. Pineapple Grove. "We just needed more time to put a ally add value to a city. • .Taylor Jones,Coral Springs Forum, Third deal together to move the house." "You have to think long term,"she says. "History. Place,`Feahtre Picture. McKinney defends'Melone's right to build a home sells and people will seek out Delray if these homes are • Taylor Jones,Coral Springs Forum Third that's more suited to his family. preserved.Preservation is good for the entire commu- • Place,Sports Picture: •• 'We could have satisfied everyone,"he says."That's • Carolyn Kovach Boca 'Monday=Boca. the sad part.If we had more time we could have saved ntS veral attempts to create historic districts along the Thursday .Third Place Environmental or; • the house. We've done it before and it worked out beach have been attempted over the years. All have well„ Conservation. McKinneysays preservationists tried secretlyto failed before the public hearing stage. • Mike Laderman,Community:News, Third •P p McKinney and others saythat's because there isjust Place Sports Veronica Column.' • block Ivlelone's plans. • C th „ no interest in a district and that individual propertyostello,.West Boca Times,Third It was preservation by ambush," he says. "If we owners can easily preserve their homes—if they wish I lace, Photo erves`in •'Mark Freerks, Deerfield had been able to talk about the issue openly it would through deed restrictions and the like.He also argues Thursday Times, Honorable 'Mention, Sports, have been different.Nobody wanted to see that house that replacing older and often smaller homes on the Pictures • destroyed.It was just a waste of a house. But it is not beach is a natural and healthy development that helps ' Rick]Vienning,Ivfargate. Forum,• Honorable f • Mr.Melone's fault." Mention 5 orts story', • increase the tax base while meeting the needs of new P y. -�\ McKinney is not alone in opposing the historic dis- residents "I love these old homes," he says. "But ' trict.All of the property owners in the district are on some of them just don't make economic sense any district to be held.She says if the district fails to take • record opposing the designation. more.Property owners should be able to develop their hold this time,it most likely will go away forever, ' Tom Worrell(former owner of the"Delray Times") land to its fullest economic potential." ' • "This is probably the last best chance,'she says. owns two lots in the district. Patton disagrees.She grew up in a home in the dis However, •'she and Peart have formed the ' 1 He wrote a letter saying the historic district is not trict and says future generations should be able to Preservation Society of Delray which will serve as an necessary and that he plans to preserve his properties. !'education and advocacyrou "for historicproper-. enjoy the architecture and character of the.older - g p p p "I strenuously object to and strongly oppose the homes: ties.She says several other neighborhoods in the city inclusion of my property in any historic district," "There is more to a neighborhood than just its Bevel- ',are endangered if protections are not in placer Worrell wrote."I consider such an action to be unnec- "I reall think we have to look at the process; sa s opment value," she says. "I think having an historic Y p y essary intrusive and potentially damaging to the value district is a really,really good idea. I think it's tragic, "Patton. 'Something is wrong when it takes two years property" that there's these misconceptions out there." •-to hold a public hearing and one day to demolish a • Others contend that they don't want the restrictions Patton says it's taken two years for a hearing on the house." • 06./1/96 16:40 12407 832 7174 PRESERVATION FOU ( 002 • AT . A . PRESERVATION FOUNDATION O F PAL M BEACH Dedicated to prtscrvin3 o•Ir architectural&cultural he7itagF and the unique scenic quality of.the Town of Palm.Reach Nits.Polly Anne Earl Executive f)us'tsv Ti,,stees June 1.8. 1996 •Mc PM D.Maack.I Prad,drnr Mrs.Rub?t M Fomon Vier PresiAcar •MT.RAM Craft Vie,President ludn James R.KtMt Mr. Jon Vaughn, Chairman . Like President Delray Beach. Preservation Board Mts William H.Mane Vzr • Presidc'n! City Hall •Mt.Allen F:Mannino VicePrefoiM! 100 NW First Avenue Mr.Julio n`"''" Delray Beach, FL 33444 YKe PrrfrCrnt Mt L.Funk Own Secretary andCotrnsr! Mc licnry P.Mrtnts—A}V Treawrce Dear Mr. Vaughn: Mr restive Abbot! Mrs.Nathan Appkoian Mt.R Mts.Fu.n°.s'.AppletW' On behalf of the Preservation Foundation of Palm Beach, I would like to •Mt.Win J.Slogan Mr.Edward R.R*rida support the establishment of the South Ocean. Boulevard Historic District. In view of Mr.sMrs.Ee nM.Rorke Mts.EdwardW(rnk the tax advantages available in Florida for qualified restoration projects and the more M.r6 Mrs.F.os M.isher n.Jt lenient rebuilding regulations available to designated properties under FEMA rules, •Ms r:Mr..Maa M.fisher 'Mrs Henry rued It we hope that your board will take note of the benefits of historic preservation now 'Mrs.?hilts N.Fortin 'Mn.AtnlrewP.roller available to home owners. Our own study of property values has shown that • Mr teonard M.Heise.Jr. Mtn DanicllcA.HO= landmark designation carries no adverse penalty in terms of property values. Mr!iemyr Iln{fitot •Mr..?layI WWI Mc.s Mrs,Michel T.Ka:sex In closing, I would like to endorse the National Trust for Historic Mn.David J.Mahoney 'Mrs.Chardlm t:Mashak Preservation's letter to you on this subject. We too find historic preservation is a great •Mrs.iKk C Moan' Mrs.Faenryr.M,.lprn:hty community benefit. •Mr.&Mr:.MishxdA McIntosh •Mts.U.Ray Moore Ms♦Mrt.,Willisml Hrrs ll Sincerely. Mt ucvid li.No!b,k , Mr.i Mn.t.etrlshm A.Rosenthal Mts.EirtE Stittilro mith Mrs.eey Smith Mr.1.641ry W:Smith F7C VED 'Mt.ilovd H.Senah Mr.$cortA Snyder Polly Anne Earl Mrs T.SUMern'brkr Mir'Mtn l.Yolk Executive Director Mrs.Joseps.!.Nicbm'nrll', JUN 18 1996 ''Mrs.Rredrra1d A.Whktentutr 'MIL Ram S.Willat'.k PAE/sdw Adeasnry Trustees PLANNING & ZONING Mr.e Mts.F.Wt.rrin;ton[:Het.4. •Mr..Jam+Srrwart hooka enclosure •'M,,.Rnktrt A.Marewan •M..a Mrs.Willi...A.Read.h. *Mr.&Mrr.A I.{rhbn ken.! 'AM1rs.Muttimrr�a:lr. cc: Mayor Jay Alperin. and City Commission Carolyn Patton, Preservation Society of Delray Beach Executive Offices: 356 South County Road, Palm ficdch, Florida 3 3 4 80. 407-8 3 7-07 3 1 • Fax 407-8 3 2?17 4 I i$.rary Sea Cull Cottaee. 5 8 Cocoanut Row,Palm Rcach.FlonJa 3 3 4 8O -- 06/18/96 16:41 ' '407 832 7174 PRESERVATION FOU 2003 EDGA.R W. MAXWELL E .=ch 2 199 HAND D1?1UIVER1 Mrs. Polly Earl Preservation Foundation of Palm Beach Palm Beach , FL 33480 i%ea.r Mrs. Earl: With reference to our previous conversations, please be advised that I have made a. study of those properties, which have scald after being placed in Landmark Preservation category, by the Town of Palm Beach, Florida. As of June of 19C7, te Public Records indicated 26 sales of. Landmark properties, which have occurred after they wc;ro designated: four sold during 1931 , two during 1963 , four during 1983 , -six in 1984 , two in 1985 and eight in 1986 . In reviewing these properties, I found that none of the 26 sale:, occurring after Landmark designation, indicated any diminution in value, nor any diminution in the increment of increase in the market place, since their last sale prior to designation. As of the current date, there have been ten additional sales of Landmark designated properties, bringing the total number to 36. In reviewing these last ten sales, again, there WAS no indicated diminution in value from their sale prices prior to designation, nor was there any indication that their increment of increase in market value after designation was reduced or was less than that which has occurred for similar undesignated properties. 06/18/96 16:41 $407 832 7174 PRESERVATION FOU 004 Polly Earl March 23, 1990 Page 2 My further review of all of these transactions also indicated that many of them were extensively modernized and renovated after Landmark designation and after their most recent purchase. This of course, in some cases, indicated a greater increase in value.. between Landmark status and prior to designation in the indicated selling prices, where Landmark properties have sold more than once while under. Landmark designation. The conclusion, which is obvious from this study, is that mere Landmarki.ng designation of a given residential property in the Town of Palm Beach does not d ,ttrinentally effect it's fair market value. Trusting this information will be of assistance to you, please be advised that I will continue to follow this data, in order that it can be currently reviewed from year to year. Very truly yours, Ed 4 r W. Maxwell Member, Professional Association of Real Estate Appraisers E WM/mak Enclosures 9015.EWM 06/17/96 12'39 P01 MOWN 1111111 ! ` I June A l 1996 pEcrtel Mr. Jon Vaughn, Chairman JUN 1 R IYyo and Members of the Board Historic Preservation Board City Hall PLANNING &ZONING 100 Northwest First Avenue Delray Beach,Florida - Via Fax 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A, including all houses and lots from 501 through 701 South Ocean Boulevard I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character Do not bow to the mistruths about historic preservation--it does not take away rights,but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, My address. ,1'r o ijn.6Zal2,71.0 aas- cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce June 1111996 plECEIVrq Mr. Jon Vaughn, Chairman JUN 18 17c and Members of the Board PLANNING &ZONINGHistoric Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of AlA, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely iikrii„, ( E)_,,,,,,,, -s M E(i K.) -- My address: /d (S (,4Z4( „A R-6 lc_ q . Fc- 334-,Y3 cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce rICSIIVEt UN 1 S 199b J �N1NG &Z�N��G` p�A June/S, 1996 pcznizipMr. Jon Vaughn, Chairman and Members of the Board .►UN 18 1990 Historic Preservation Board City Hall PLANNING & ZONING 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard)istoric District along the east side of Al A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere ind I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, �7l My addre . /t, 7 �/(� 577' cc: Mayor Jay Alperin and City Commission Members Cel City Manager David Harden Historic Preservation Planner Pat Cayce !Lt. 4A),L A))7 1 June , 1996 psczyza Mr. Jon Vaughn, Chairman JUN 18 iy;o and Members of the Board Historic Preservation BoardPLANNING ZONING City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of AlA, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights,but rather adds them. One important one is the right to control the character of your neighborhood. Sinc- ely, - •ir G. £/fe-frA My address: 4 , 72,e 334I3 cc: Mayor Jay Alperin and City'Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce June , 1996 R§CLIENZa JUN 18 i>;,; Mr. Jon Vaughn, Chairman and Members of the Board PLANNING &ZONING Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, My address: ,/ j!',/ :�.f�:.(i '�.�!., l�: elLN/ cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce IFLIZLIVZ June , 1996 JUN 18 19 o Mr. Jon Vaughn, Chairman and Members of the Board PLANNING & ZON I N G Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach,Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of AlA, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, My address: cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce aid 044c6te6._1_, 9u i7 l9 9-6 ied,diAtleo/n6 iiedozioyad_.- Vc'q Y FCERTED Atizra-g) J-( 3EVuX JUN 18 U f�& N.G i :; �� PNNIN �ONI VGli/34 .Kuld )/lvirc/(eto� J-e--/-Yz-e- y12c�.Bcccd�� C, ��' ci ,�a�l-C ��L ,�e�r�-efr0 i9eb ,j ,�� �5 aa a�a , C�t ��ca� -� ,eu� tiw�ce� <�l�� / � .[�� �n�soZ � Q�/sL�e_ i �wtiJ✓ �+-G'-�ir°.cGL/�i /�7[.��GL�dt.IrZLLa,// . AAI fill- ./ e-&-L ,6e��� cv�ld.- ;uJ-( .�tcc, ite-mg,a_- ZilzaA/ Q7lizit,e- ( ,\,./h --I- '4Lr-e-&''' , u ' 2,4. -f.-6-1-'t 4d,,-)i ) azil a)-1_, ,i,ft y -b- ,/,-(4 y.0--p, fyi/E-wvz, I ,/,6 wa___ , 1,9.eag, /-6-& it,t _ 7,za,„ 6_/„___ /ea, �.� go-' `�`�-� -t7 aj---ei���� ����'6 -4g- lit62--e I aid�in-e-a a-nd d-{ 06/17/96 12:40 P02 June , 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach,Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A,including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and 1 want to preserve that character. Do not bow to the rnistruths about historic preservation--it does not take away rights,but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, My address: ��'� C` �`a'"-' ll�(� r3ctoh'��+ , mod. 1 1,-,y, , ,lrL '33gk3 cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce 6-17-1996 8:55PM FROM MITCHELL WIGGINS 1 8e4 282 570© P. 1 . . - 3322 MONUMENT AVENUE RICHMOND, 'VIRGTNIA 23221 (804)353-8809 June 17, 1996 EACE3YED Mr. Jon Vaughn JUN 17 1996 Chairman The Historic Preservation Board of Delray Beach City Hall PLANNING &ZONING 100 NW 1st Avenue Delray Beach, Florida 33444 561-243-7221 Dear Mr. Vaughn; I wanted to write to you and your committee members as a former resident of Delray Beach who is greatly concerned by a course of development taken by the city. Having grown up in Defray from age three until graduating from college some nineteen years later, I have always taken great pride in being from what many consider the only place on the `-Gold Coast" where one can vacation or even live as graciously as they did during South Florida's golden years (of Flagler_ Mizner and others). Whenever I tell people in Virginia where 1 am from and start to explain just where Delray is, they always seem to stop me and say, "Oh, yes, what a wonderful place! We always stay at the Seagate." or "Isn't it wonderful that Delray has been smart enough to preserve its uniqueness, and not become another Boca Raton?" It fills me with pride when 1 open my subscription to the National Trust's award-winning magazine, and see the Old School Square project featured in its own "lead" article (September/October, 1995 issue. p,36f ). However, it saddens and disheartens me when I look south of the Seagate and see what is going up under the guise of savvy residential architecture. I urge you and your committee to immediately place this area in an historic preservation district. Having grown up in a house designed by the renowned Samuel Ogren, and having chosen to now live on one of this country's most famous historic streets, conservation and preservation obviously mean a great deal to me. I think you will find that people are drawn to areas with specific rules and regulations for outward appearance, as these guidelines provide a comfort level not found in an open market (i.e., your neighborhood maintains its specific look and tenor). Attached are the guidelines we follow here on Monument Avenue and in other of Richmond's historic districts. I am working with the man in charge of this committee at the present time, and find it fascinating that, out of over 120 projects submitted in a year's time, only four (4) were turned down and 6-17-1996 8:58PM FROM M I TCHELL W I GG I INS 1 SO4 282 G700 P. 2 appealed. (And the committee was able to show applicants alternate, appropriate materials and designs,etc. to make their ideas work or adapts) Florida, like Virginia, has a wonderful Division of Historic Resources. I sincerely hope that, with its help, as well as that of groups like the National Trust for Historic Preservation, and, of course, the marvelous citizens of Delray Beach, you will be able to maintain the high.standards we have always expected from our fair city. Thank you very much for your time and attention. Sincerely, Elizabeth S. Forman enclosure y 0) ARCHITECTURAL • u . . r I:I�i l ft ��;i�Ario;,; �-'; Apr,. ,t ., •^ 1 t PRESERVATION -y ire. .. ---7 it . ft r(��,,,� _� 1. 90 .. . -, . t i- .) �Fw:' -Will , A, 4j�- SI .41 0 F :1 iQ tt, 'as f •• 6 _ '1; ill, r 1 ,:;itt,.A,y 0w, ;l4 A • ••9 JR`� -. r. v" ,m 1m by the City of ,�, ..�, ��� aLii. ..� a% .1 ...,ti r I ari -AY in Citizen appeafs were received by City Council early . ;,r .. • '; T • •• w .t� •l 'i h o`.r1 1957(or help in preserving Richmond's Church Ka ti'i1 .;` 1,.•f •rr -+,•. • • •i'- 'T:%171 A.,i r-. - -" - 171 ' .1.1 area. The Council responded by creating the St.John's Church Old and Historic District and establishing the e- i Commission of Architectural Review to administer and o protect II.Sincethat time numerous additional individual mI sites and several other areas have been added to the The primary goal of the Commission of Architec- Repainting with identical colors need not be reI- - Commission's jurisdiction. Approval of additional Old tural Review is to maintain the historical character of a viewed. Property owners who wish to use paint colors _ and Historic Districts is a continuing effort of the Corn- designated area,to restore that character where it has not presently on the building,or the existing colors but in ee mission and City Council. been eroded and to allow the area to adapt in an 'different scheme may do so only by application to the ee appropriate manner. This applies to each individual Commission. The painting of previously unpainted The Commission of Architectural Review is corn- property within any Old and Historic district. The masonry will generally not be permitted. Specific Corn- CO posed of nine members:one representative each from• Commission makes every effort to approve proposals mission approval also must be obtained for the cleaning the James River Chapter of the American Institute of ; which serve to maintain or restore the significant tea- of masonry walls or trim. Architects, the Richmond Association of Realtors,the : tures of a given structure or site. Historic Richmond Foundation,the Association for the Applications for Certificates of Appropriateness are Preservation of Virginia Antiquities(William Byrd Branch) ; The Commission is charged by Chapter 32,Article available through the Secretary of the Commission. As o and five from the citizenry at large. IX,Division 4 of the City Code with the responsibility of in any review process some preplanning is necessary. e approving all applications for Certificates of Appropriate- Please direct any questions or requests to: co Tiro Commission of Architectural Review exists to ness involving the exterior appearance of structures or to preserve and protect buildings,structures,and places sites in historic districts. Certificates must be obtained m of historic interest'and to,"...develop and maintain ap- before work can commence. For work requiring a Secretary ce propriate settings and environments for such structures building permit,no permit will be is:ued without a certifi- Commission of Architectural Review and places..." • cate. Items of routine maintenance,such as repair of Department of Community Development windows,doors,trim,steps,or railings,need not be re- Room 510, City Hall : The Commission of Architectural Review accom- viewed by the Commission as long as the repairs are 900 East Broad Street plishes these goals by reviewing any proposed altera- made with material of the original type and form. Ma Richmond,Virginia 23219 tion,construction or demolition in a designated Old and sonry and roofing repairs may likewise be carried out. (804) 7g{�-6�3�J Historic District when such work alters the exterior without review when the appearance of the structure is appearance of the property as it is viewed from a public not altered. Electrical connections and meters,anten- streetor altey.This review procedereis required not only nas,ventilating stacks and c ove rs and other mechanical . The Commission meets on the fourth Wednesday for the main structure en a lot but any accessory build- components may be installed without permission only of each month except when aholiday conflicts. Applica- Ings,fences,lighting,walks,major landscaping and any when they are not visible from a public street or alley. tionashoukibe submitted at least two wceksin advance. other features visible to the public. Call the secretary of the CAR for clarification: Special meetings are held as necessary. ru 1 4 I-7` , IJi '�Y .4ili GCLCIZ iVe1: It 1-.1 %. ..., I. t.; t s ELK, BANKIER, PALMER & CHRISTU , , `., _ r A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS - 'l\ t 1'{'.t`1v^ P t." .-`-'t s `� M. ADAM BANKIER. P.A. SANCTUARY CENTRE • SUITE 105E i'Li",t\: PALM BEACH OFFICE BY APPOINTMENT: ERIC C. CHRISTU. P.A. 4800 NORTH FEDERAL HIGHWAY BOCA RATON. FLORIDA 33431 PHILLIPS POINT SCOTT A. ELK. P.A. 8TH FLOOR WEST TOWER ADAM D. PALMER. P.A. 777 SOUTH FLAGLER DRIVE (407) 368-8800 OF COUNSEL: (407) 394-3733 WEST PALM BEACH. FL 33401 FACSIMILE (407) 394-3699 ROBERT M. PALMER PALM BEACH: (407) 820-9466 LAWRENCE S. SCHWARTZ* BROWARD: (954) 776-1006 'ADMITTED IN NEW JERSEY ONLY June 14, 1996 _(800) 995-0200 VIA HAND DELIVERY Mr. John Vaughan, Chairman Ms. Debora Turner Historic Preservation Board, Historic Preservation Board, City of Delray Beach City of Delray Beach 917 N.E. 8th Avenue 277 S.E. 5th Avenue Delray Beach, FL 33483 Delray Beach, FL 33483 Ms. Julie Morgan, Vice Chairman Ms. Susan Hurlburt Historic Preservation Board, Historic Preservation Board, City of Delray Beach City of Delray Beach 450 N. Swinton Avenue 1230 Vista Del Mar Drive Delray Beach, FL 33444 Delray Beach, FL 33483 Mr. John Johnson, Second Vice Chairman Ms. Pat Healy-Golembe Historic Preservation Board, Historic Preservation Board, City of Delray Beach City of Delray Beach 20 N. Swinton Avenue 2000 S. Ocean Boulevard Delray Beach, FL 33447 Delray Beach, FL 33483 Ms. Vera Farrington Ms. Diane Dominguez Historic Preservation Board, 100 N.W. 1st Avenue City of Delray Beach Delray Beach, FL 33483 310 N.W. 2nd Avenue Delray Beach, FL 33444 RE: OPPOSITION OF SOUTH OCEAN BOULEVARD HISTORIC DISTRICT Dear Ladies and Gentlemen: The undersigned represents the interests of Frank E. McKinney, III, owner of property located at 611 South Ocean Boulevard and Thomas M. Melone, Trustee, the owner of property located at 601 South Ocean Boulevard. On behalf of my clients, the undersigned is strongly opposed to the establishment of an historic district as proposed under the South Ocean Boulevard Historic District. The proposed South Ocean Boulevard Historic District (hereinafter the "Proposed District" ) has been arbitrarily defined to include six (6) properties commencing from the north at 501 South Ocean Boulevard and including 511 South Ocean Boulevard, 521 South Ocean Boulevard, 601 South Ocean Boulevard, 611 South Ocean Boulevard and 701 South Ocean Boulevard. There is no standard or criteria for why these six (6 ) homes were singled out and why numerous other properties extending south of these six (6) properties were not also included. Furthermore, along this stretch of Delray Beach are some homes which have not been renovated, and other homes which Historic Preservation Board, City of Delray Beach June 14, 1996 Page 2 have been demolished in whole with modern new luxury homes constructed thereon, or which have been renovated and modernized by piecemeal additions . I oppose the Proposed District based upon its lack of a rational criteria associated and restricted arbitrarily these six (6) specific properties. The home located at 501 South Ocean Boulevard has been renovated on the interior and portions of the exterior and is not consistent with historical specifications, notwithstanding that some original exterior aspects of the home have been retained. Further, the homes located at 601 South Ocean Boulevard and 611 South Ocean Boulevard which were previously set forth in the Proposed District have been demolished and new luxury, chateau style homes shall be constructed thereon. Accordingly, out of the six (6) homes within the Proposed District, two (2) shall have no historic significance whatsoever, and one ( 1) shall not retain original historic character due to renovations at portions of the interior. The lack of specific historical significance directly conflicts with the classification for designation of architectural and cultural significance. The application of the City of Delray Beach criteria for designation is not correlated to a majority of the properties within the Proposed District. Due to either demolition or renovation in part, there is no direct correlation between the required historic guideline in three (3) of these properties . Although it has not been verified, I have been informed that there have been significant additions and renovations to the remaining three (3) properties, which may also severely question their historical significance. There have been no factual confirmations of factors which may diminish the necessary criteria set for establishing a designation of these six (6) properties . The application of the criteria has been vaguely verified. Further, the establishment of the Proposed District could significantly impair and impede the property owners ' rights and adversely effect the properties to such an extent as to require government compensation under the following criteria set forth in Bert J. Harris, Jr. , Private Property Rights Protection Act. Specifically, the following factors would weigh heavily in determining whether the establishment of the Proposed District would adversely affect the property to such an extent as to rise to the point of a taking requiring compensation to the property owners : 1. 0 Economic impact of this regulation would be so severe upon the property owners that it could deprive them of the sole reason and value for the purchase of the Historic Preservation Board, City of Delray Beach June 14, 1996 Page 3 property. It is well known that these six (6) properties, in addition to the properties extending further south from these six (6) properties, as ocean front properties, are amongst the most valuable property in South Florida. The value of these properties could be as significant as 3 to 7 times the value as they would be in the event that had to retain the present arguably historic structures . Further, the diminishment in value could place mortgages encumbering these properties in default; 2 . 0 Many property owners along Delray Beach purchased their properties with the expectation that the properties can be redeveloped, thereby increasing the value many times. The Proposed District would in effect regulate the property owners so as to deprive them of their investment backed expectations; 3 . 0 The public benefit which would be derived by encumbering these six (6) properties with the Proposed District is questionable. Of these six (6) properties, two (2) have been razed for construction of chateau style, luxury homes . One ( 1) property has been renovated in the interior to modern, present day specifications and several of the other properties may have additions which alter and detract from any suspected historic value. The properties are private properties which are not open to the public for viewing of any sort, are not readily visible from South Ocean Boulevard, and the public benefit derived from the Proposed District may be nonexistent. Further, the harm to the property owners is extensive based upon the great decrease in property value in addition to the severe restrictions which would be placed on the property owner for future construction on these properties; 4 . 0 The Proposed District has been arbitrarily and capriciously set for the six (6) properties . No reason, criteria or other rationale has been proposed for singling out these six (6) properties on the beach for the Proposed District. The division line for these properties has been arbitrarily and capriciously applied; and 5 . 0 The history of the properties, for reason mentioned hereinabove has not been adequately confirmed. Historic Preservation Board, City of Delray Beach June 14, 1996 Page 4 Due to the fact that we feel the property owners ' rights have been violated based upon the above referenced factors, the same may rise to the point of being a taking of the property owners ' rights for which we shall pursue compensation from the City in the amount of the damages for the highest and best use of these properties . The historical, cultural, archaeological, and aesthetic heritage of these six (6) properties, at this time, are neither consistent, nor are they completely verifiable. The applicability of this Proposed District to six (6) properties where no less than one-third ( 1/3) of the properties shall be modern luxury homes is inconsistent in its application and accordingly, can only vaguely be applied to these six (6) properties . In many areas, historic preservation districts are designed to prevent further public harm by restoring blighted areas . The Proposed District encompasses neither blighted properties nor property in need of regulation from an historic standpoint to help improve the area. Beach front development has traditionally been a significant investment for homes of extensive value. The enactment of the Proposed District would severely diminish the property values and have a severe detrimental economic impact, not only on the Proposed District, but on those properties extending to the south of the Proposed District. My client, Thomas M. Melone, Trustee, has been severely economically damaged due to his inability to obtain a building permit for his home. The pursuance of the Proposed District has frozen his ability to obtain permits, and accordingly, in the event the Proposed District is further pursued to City Commission level, Mr. Melone may seek all damages which he has incurred due to the delay and potential property loss . I have been informed and it has been confirmed independently, that all six ( 6) property owners located within the Proposed District oppose the establishment of the Proposed District. The public benefit, which is vague and questionable, is severely overshadowed by the regulatory taking, both economically and, as deprivation of right of the property owners beneficial use of their properties . All Property Owners purchase property with a view to having the right to pursue their home or business interests in a manner reasonably allowed by law. To deprive these owners of their economic and beneficial rights of property ownership, which is opposed by all property owners within the Proposed District, would be legally intolerable and actionable. Please consider the foregoing factors in your determination and hopeful conclusion not to pursue this Proposed District any Historic Preservation Board, City of Delray Beach June 13 , 1996 Page 5 further. This matter has come before your Board on several other occasions and has been strongly opposed and dropped. I hereby request you to consider a final determination to prohibit this Proposed District . Thank you for your anticipated courtesy and cooperation with regard to this matter. Should you have any questions with respect to the foregoing, please do not hesitate to contact me. Sincerely, ELK, BANK R & PALMER BY: SCOTT A. ELK, P .A. SAE : jvh cc : Frank E . McKinney, III Thomas M. Melone Mayor Jay Alperin David E . Randolph, Sr. Kenneth Ellingsworth Kevin Egan Karen Kiselewski Susan Ruby, Esq. Pat Cacey David Harden, City Manager sae\jvh\client\venture\historic.ltr '1['l;noalas 1F. JP,leFri �rn :[Jilt 245 Northeast IR rst Avenue !Delray beach, ;Florida 31444-5714 Ph®me: 4o7-276'5-967 !Fax: 4.07-276a72S4 ,tune 13. 1996 Jon Vaughn, Chair, and Members of the Delray Beach Historic Preservation Board 100 NW 1" Ave. Delray Beach, FL Via Facsimile Transmission to (561) 243-7221 Dear Mr. Vaughn and Members of the Board: This letter is written in connection with the proposed South Ocean Boulevard Historic District. Firstly, because of my position as Program Manager of Pineapple Grove Main Street, Inc. (PGMS), I should make clear that this letter is my personal expression and does not necessarily reflect the position of PGMS, its Board of Directors or members. Nonetheless, it is my involvement,by virtue of my Main Street affiliation, with historic preservation and its positive influence on community revitalization that prompts this correspondence. For the past few years, many of us in the Main Street organization have been privileged to learn quite a bit about the economic impact of historic preservation. I know from studies of materials published by the National Trust for Historic Preservation (the "parent" of the National Main Street Center), attendance at two National Town Meetings on Main Street, and continual networking with representatives of other Main Street communities nationwide that thoughtfully crafted historic preservation practices contribute considerably to the economic vitality of the community. The recently completed Market Analysis and Development Recommendations for Delray Beach says "We are discovering that `history sells;'tourists and visitors to Florida are hungry to taste historic sites and events. ... Visitors to historic sites stay an average of one-half day longer and spend an average of$62 more than travelers who do not visit historic sites." Beyond the general benefits to the community, we have every reason to conclude from our own experience locally that preservation districts considerably benefit the district properties and(by obvious extension)the properties' owners. Unless the owner's intent is to alter the property's historic character. or simply replace it with something not in keeping with the district's historic character, the historic district actually protects and enhances the value of the property, rather than diminishing it. By the way, I speak here from personal experience, having purchased, rehabbed and recently moved into one of the Banker's Row cottages. The protections afforded the district by OSSHAD played no small role in my decision to invest—and I am but one of dozens, if not hundreds, of such examples locally. Having read the correspondence of several affected South Ocean Boulevard property owners, I am well aware of their expressed concerns. At the same time, I see the historic preservation district as precisely the vehicle they seek in satisfaction of their concerns. Perhaps they simply labor under the same type of misunderstandings commonly associated with the introduction of historic preservation districts in neighborhoods throughout the country. If so, the Historic Preservation Board has before it the enviable opportunity to serve not only as preservationists, but also as educators. In all events, I would fervently hope that the Board will give its most thoughtful consideration to the matter, and communicate openly, directly and in depth with the affected owners, before electing to forgo this precious opportunity to extend the benefits of historic district designation to another Delray Beach neighborhood. pczavEll Verytruly yours, Thomas F. Fleming, III juN 141946 PUNNING &ZONI .JUN- 14-96 FP_I 09 :26 PM P. 0_ / 27 f Junela, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First :Avenue Defray Beach,Florida Via Fax.: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A.,including all houses and lots from 501 through 701 South.Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights,but rather adds them. One important one is the right to control the character of your neighborhood, Sincere y, My address: e\ t ct tom} .c.PJ . 2r• A e c c: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce 'RECEIVED JUN 14 BANNING & ZONING our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights,but rather adds them. One important one is the right to control the character of your neighborhood(fil . acece. My dress. tr`!9 }-r cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce F3CEIVED JUN 14 1996 PLANNING & ZONING June if, 1996 ?PEEVED Mr. Jon Vaughn, Chairman J i i N 14 1996' and Members of the Board Historic Preservation Board PLANNING &ZONING City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, y address: cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce /6.,?7 Ajei sSa ot 7, e� e L%e /, S7IS7 '`c '5 Z �,,( d e//<% ji T .fee D„tsa P� s�1 s 7i;N fro sIrv( e Q/5 T1y ,a,O''" " r June/3, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, G.A.j3k My address: cc: Mayor Jay Alperin and City Commission 1/5CIEINID City Manager David Harden Historic Preservation Planner Pat Cayce JUN 14 19% PLANNING &ZONING June 13, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach,Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely,)61-7ci� bu ,e ss 'V 47'`-A-a My^a d dress: cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce pCEIVZID JUN 14 1990 PLANNING &ZONING June , 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Dekay Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincer , My address: ,/ cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce IRICEIVED JUN 14 19 PLANNING & ZONING June1.3, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your nei hborhood. /4 ER- Sincerely, 101/ 5U-wcop ,P1' , My address: P6 /517 P��t,19c. FZ cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce iplEaVEDI JUN 14 19 PLANNING & ZONING June , 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of AlA, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights,but rather adds them. One important one is the right to control the character of your neighborhood. . s .510.44.... Sincerely,4.- 0 °V, .6 40,A /: My address: saw-11 6'Ci . 53* cc: Mayor Jay Alpe an City C ssion Members City Manager David Harden Historic Preservation Planner Pat Cayce jCIIY JUN 14 19 io PLANNING & ZONING JUN- 14-96 FRI 09 :3.5 PM F. 01 June t 1996 Mr. Jon Vaughn,Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach,Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of AlA, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. nFe-ely,� jciltk My dress �'; rY y1 cv. J Rio . �'2(-r�f(G cc: Mayor Jay Alperin and City Clomrussion Members City Manager David Harden Historic Preservation Planner Pat Cayce JCII VED JUN 14 1990 PLANNING & ZONING JUN-14-96 FPI 09 :36 PM P. 02 • June/4 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City He 100 Northwest First Avenue Delray Beach,Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board' I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of AIA, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in.Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the rnistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincere y, My address: G, t L9J . 2r'� � vc�.,u e 1 rcA mot? csJ. ,`1- L_ 3344tf cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce CIEVE1D JUN 14 15� p9_ANNING & ZONING MEWED JUN 14 1996 THE PRESERVATION SOCIETY OF DELRAY BEACH PLANNING & ZONING June 14, 1996 To: The Historic Preservation Board of Delray Beach From: The Preservation Society of Delray Beach We support the formation of the South Ocean Boulevard Historic District and urge the Board to rule favorably on its designation, because: 1)It meets the designation criteria as outlined in in the City ordinance on districts, in both architectural and cultural significance. The borders of the District are around the remaining group of preWorld War II resort homes, all built in the same era, all in the same geographic area. 2) Claims of property rights infringement by homeowners are unfounded as the historic district will not alter building or zoning codes. 3)Property values, in all studies known to us, show a dramatic rise in historic districts(3 studies attached). 4) Our loss of further historic structures in this area will forever negatively impact not only preservation in this region, but the character of our town. It is evident from their letters that the homeowners, although believers in historic preservation, do not support this effort because of myths that have been fostered about historic districting. We feel this is tragic, and is a primary reason we have founded our organization--to sponsor education on the benefits of historic preservation. In the meantime, we must stay our course on districting to explode those myths and save Florida's heritage in the process. Sincerely, 1/L 7( tR4s4 Carolyn H.R. Patton cc: Mayor Jay Alperin and City Commissioners, City Manager David Harden June (3, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincere My addr ss: r &E �2 A 3 3 r�' o z� dZ�r1 cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce CII VZE JUN 18 1996 PLANNING &ZONING June (3, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely My addre s: cc: Mayor Jay Alpert City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce RPETVZO JUN 13 190 PLANNING &ZONING June c3, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of AlA, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, - My address: f, /i/c_ �� �G ✓� ' ( _ cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce JUN 131996 , ANNING &ZONING June/3, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach,Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, 4 n f�G My address: 90 v aryd ON- 42.1 ,doh , 9a, 33l'k3 cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce CIIVED JUN 13 bvu PLANNING &ZONING June 1;, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach,Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, My address: - cc: Mayor Jay Alperin and City Commission Members / City Manager David Harden Historic Preservation Planner Pat Cayce CIIVf JUN 13 1 PLANNING &ZON I NG June /.'1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach,Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of AlA, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, H 1(6- G-oc_s My address: g00 /dreu9S 14-\)e__- levoi .&i7i,_ _ y ,5 cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce IcriNTED JUN 13 t%;u PLANNING & ZONING June 13, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, My address: 78.7,0 A60 3c /`( cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce pFEVED JUN 13 l PLANNING & ZONING June 13, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of AlA, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, (Cat My addres ' n Ll� J Q-- - � • - (6aL-Lk cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce Ii5CEIVEL) JUN 13 1996 FLANNlNG &ZGN1 June( ', 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of AlA, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, My address: 4e/ 1e6c4. cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce plECEMIED JUN 13 15y^ P ANNJNG &ZONING June , 1996 Mr. Jon Vaughn, Chairman FLED DIED IE and Members of the Board Historic Preservation Board JUN 14 1996 City Hall 100 Northwest First Avenue PLANNING &ZONING Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of AlA, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, Ot,176 My address: " cc: Mayor Jay Alperin and City Commission Members I 641-'61t-A- Ci Manager David Harden ri g 337W Historic Preservation Planner Pat Cayce June/1, 1996 Mr. Jon Vaughn, Chairman and Members of the Board RIPIEIVEDHistoric Preservation Board City Hall 100 Northwest First Avenue JUN 14 ly.., Delray Beach, Florida PLANNING & ZONING Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of AlA, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, &A,tral/PC 6/7( g?3/4/L M address: 7-a,frvtovu)46/9ev,etzl, 6647 �r 3.T Yis cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce /--4d C, friyjit;1/ oameir /fi >4te /c 4 ri /4 GC, I/64 ,h /17'a Ae p V-© d �/ v- /a w's /4 ✓e- /7&' ‘e74&/ • June 13, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach,Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of AlA, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Since , Zsuid6 My address: • an unto At cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce plECEIVTD JUN 1319>.= PLANNING & ZONING June t�, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sinc fdiviitt)(0 My ad ress: 2 WHO 1�I cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce ?IcsavED JUN 1 PLANNING & ZONING June/ 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sinc ely, My address: cc: Mayor JayAlperin and CityCommission Members Y P City Manager David Harden Historic Preservation Planner Pat Cayce RICEIVIED JUN 13 1996 PLANNING & ZONING June/h 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of Al A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, My addre : S , .1 . �'bca2- 33483 cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce RIFCEITED JUN 13 199h PLANNING & ZONING MEMBERSHIP R ; REALTY k� LTD, t,�' kat . _ `ctlaeation of 3nbcpentenccr" June 13, 1996 Ms. Patricia Casey Chair - Historic Board City of Delray Beach Dear Ms. Casey, I would like to take this opportunity to communicate my support of the Historic District proposed for South Ocean Blvd. in Delray Beach. I believe that the presence of an historic area adds value to the properties within the designation. I further believe the increased value is contagious and spreads and is not limited to the identified areas. There are other more qualitative arguments that I'm sure you are more than aware of. . . .so I'll stick with the numbers. Once individuals become aware of the value of existing structures they might not be so quick to knock them down. Sincerely, N ith CIEIIVV JUN 13 1996 ,PLANNING &ZONING 3200 North Military Trail • Potomac Trail Building • Third Floor • Boca Raton,FL 33431 • (407)998-7000 03 PRISCILLA BLAIR ADAMS 86 MacFarlane Drive, #10E Delray Beach, Florida 33483 June 12, 1996 Mr. Jon Vaughn Historic Preservation Board 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Chairman Vaughn, I support the proposed Historic District on South Ocean Boulevard. I also encourage the City of Delray to consider other Historic District east of the waterway, perhaps also search for ways to ensure that new architecture will be in keeping with the character of the town and more appropriate than what we have being built here recently. Sincerely, /224-6 Priscilla Blair Adams cc: Mayor & Commissioners Preservation Board City Manager i CfEfVE '+iN 131996 PLANNING & ZONING Mrs. Allen D. Steele 817N.W. 2nd Avenue Delray Beach, FL 33444 June 12, 1996 Mr. Jon Vaughn 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Vaughn: Thirty-four years ago we made the decision to live in Delray Beach. We were fortunate to find a Samuel Ogren Sr. 's house to buy. We count our blessings for making the choice. The house is so well constructed and beautifully detailed, it would be difficult to replace. It is very disheartening to see similar houses along AlA torn down or threatened with removal. Delray with its image of"Village by the Sea"is being plagued with inappropriate architecture by developers interested in making a quick profit, regardless of the harm done to the overall image of the city. Delray has always had a cohesive design structure that reflects beauty, simplicity and character of old Florida. Would it not be a shame and set-back for the people who have worked so hard to keep Delray as it should be to allow our oceanfront homes to be destroyed and replaced with pseudo mansions of poor design. Thank you for your time and attention to this matter. Sincerely, Betty J. Steele Mrs. Allen Steele cc: Mayor and Commisioners Preservation Board RICER]E CER]JE City Manager .IUN 13 1996 PLANNING & ZONING 06/13/1996 08:59 4073672704 -IISTDRY DE T oA,:aE 1i FLORIDA ATLANTIC UNIVERSITY yl'1 777 GLADES ROAD P.O. BOX 3091 BOCA RATON. FLORIDA 33431-O991 THE SCHMIDT COLLEGE OF ARTS AND HUMANITIES DEPARTMENT OF HISTORY (407)367.3840 FAX' (407)087-2704 13 June 1996 Jon Vaughn, Chairman Historic Preservation Board City of Delray Beach City Hall 100 Northwest First Avenue Delray Beach, Florida 33444 Dear Mr. Vaughn: The South Ocean Boulevard Historic District should have the support of all those who value the heritage of Florida and particularly that of Delray Beach. The district makes sense geographically, historically, and architecturally. These houses were constructed in an era when taste and decorum still were the watchwords for Delray Beach. Ostentatiousness was for Palm Beach. These houses are an unique reminder of this earlier time and should be preserved. At the same time, I think everyone recognizes that as times change, so does the type of house that is considered suitable for such prime oceanfront locations. I would hope that the owners have been made aware that the designation of an historic district does not freeze a house in time. Certainly, changes can be made to historic properties. Again, I sincerely support the designation of the South Ocean Boulevard Historic District. Yours truly, WIIVED oisatru. JUN 13 199b DONALD W. CURL, Professor and Chair PANNING &ZONING Boca Raton • Fort Lauderdale • Davie • Palm Beach Gardens • Port St. Lucie A Member of the State University System of Florida An Affirmatrve Action/Equal Opportunity Institution TEL : Jun 13 96 0 : 57 ND .003 F . _11 ("H-4±005—. . V` 1 fi GOOyN.T� FLORIDA DEPARTMENT OF STATE Sandra B. Mortharn Secretary of State FACSIMILE TRANSMITTAL SHEET TO FAX NUMBER : ( 561) . 722 Please deliver the following pages to: NAME : JOJJ VAV (.,N_1•1 COMPANY : �EGn��� ,�Gt1 �t�TC RL-' PeF E,'_'2VA iOQ Ems. CITY/STATE: D Lfz ( B AC4. SENDER : t`/11G.H/ ZIMtJY DATE : &. 13. 94,. NUMBER OF PAGES ( including transmittal sheet) : FROM FAX : (904) 922-0496 COMMENTS: If there are any probl ens in receiving this transivissicc, pi ease call (904) 487-2333. RIPE WED 'IN 13 1996 PLANNING &ZONING TEL : Jun 13 96 0 :58 ND .003 P . J2 ../W,4 RICE1 VED . •'"'W ie. JUN 13 1996 FLORIDA DEPARTMENT OF STATE Sandra H. Mortham 1tANN11't>Cii &ZONING Secretary of State j DIVISION OF HISTORICAL RESOURCES R.A Gray lSuilding 500 South Bronou h Street Tallahassee,Florida 32399-D250 Director's Office Telecopier Number(FAX) (904)4h8-148() (904i 488-3353 June 12, 1996 Mr, Jon Vaughn, Chairman Delray Beach Historic Preservation Board City Hall )00 Northwest First Avenue Delray Beach, Florida 33444 Dear Mr. Vaughn: I am writing in support of designation of the historic properties within the proposed South Ocean Boulevard Historic District in Delray Beach. From the documentation we have received, this small group of properties appears to meet at least two of the criteria for historic designation outlined in your city's historic preservation ordinance. These distinctive oceanfront residences are associated with an important period in the historical development of Delray Beach, an intense time of residential development that occurred during the decade immediately preceding World War 11. Originally constructed as winter homes for their wealthy owners, several of these residences were designed by locally prominent architects, including Gustav Maass and Samuel Ogren The restrained Resort Colonial and Mediterranean Revival designs of these buildings illustrate that the influence of the Great Depression extended even to the sensibilities of the upper class. The recent demolition of another of these historic residences gives testimony to the threat they face. Historic oceanfront homes in Florida are being lost at an alarming rate, making such resources rarer and rarer commodities. It is important that the significance of these properties be recognized and be afforded the protection of your local ordinance. The historic preservation ordinance enacted by Delray Beach and certified by our office in 1988 provides the strongest protection possible for the historic resources in your community Whether as a historic district or as individual landmark properties, we Archaeological Research Florida Pniklife Programs Historic Preservation Museum of Florida History (9114)48;-2:' + (914)?')7-7192 ('-)04).iS.23 (9(14)4as-1484 TEL : Jun 13 96 0 : 58 No .003 P .03 Mr. Jon Vaughn June 12, 1996 Page Two encourage your preservation board to pursue designation of the historic properties in the proposed South Ocean Boulevard Historic District. We appreciate having an opportunity to comment on the proposed historic designation. Should you have any questions regarding our comments,please contact Michael Zinuty of my staff at (904)487-2333. Thank you for your efforts in support of historic preservation in Delray Beach. Sincerely, Geo e W. Percy,Director Division of Historical Resources and State Historic Preservation Officer cc: Mayor Jay Alperin and City Commission Carolyn Patton; Preservation Society of Delray Beach FEaVIED JUN 13 1996 PLANNING & ZONING The Palm Beach Post.st_ Neighborjiood Prof' e. _ _ """" • - - ' - 1996 i �.f�l _ _ SUNDAY, JUNE9, Castle till'sprivacy, beauty make homeowners feel like ro alty -c--_-,.:4-0 . ' Winding roads, towering oaks and rolling hills '�� w. ��-- ,- ` - r 4 r Palmer St. Indian 4 4-., ,set Castle Hill apart from most other South Florida - a neighborhoods. The area, on the St. Lucie River in �- . River c $�- � r V,-4,� j north Sewall's Point in Martin County, was the site �% � _ " LL", of the Hogg family sawmill in the late 1800s. Now it o . 10 e Lofting Way n�. .! o " ,,, .., `- -= ,� consists of 46 home sites with about 15 homes on 32 ,..�__�.. � - is n �. Celeste and acres. agoon Island Ct Sewall's -•.. . $ , g '"'"' X '_ Richard Name: In the 1920s an owner built a pink house Point 1 ,t $ Oak Hitt Way i,- 'a ice ` x ,; Y We man's with turrets on the property. The house looked like �'e y/3� ; - r t � g a castle, and the area got the name Castle Hill.Judge ca _ ; Y < . four-bedroom Edward Swann bought the castle during the Depres- Hoggs Way pafana Il . - . " ''•- •*r house was sion, and built an Italian villa and two garages Cove W - `# t- ,,, _ originally a two- nearby. French La -~ � -��� � � ",� ` 4� rA �- bedroom cottage. It now History: The "pink castle" was torn down in the 1960s and the property was developed by Richard Castle Hill F has 13 rooms Geisinger Sr. and Richard Geisinger Jr. of Stuart and Wendy Via. >_: and 31/2 baths. Paul Maddock of Palm Beach. Residents enter st. Lucie JASON NUTTLE through the original wrought iron gates. River Staff Photographer The oldest home in Castle Hill was built in 1912. MARK HEMPHILL/Staff Artist Owned by Celeste and Richard Wegman, the white clapboard four-bedroom house was originally a two- Architecture: Old Florida, Mediterranean villa Wegman. bedroom cottage. It was moved from a spot over- or a period style that "does not look like it was built Average home price: From $395,000 on interi- looking the St. Lucie River to an inland lot. The yesterday," said Richard Geisinger Jr. or lots to $2 million on the riverfront. "cottage" now has 13 rooms and 31 baths. Who lives there now: Professionals, some with JERI BUTLER The Italian-style villa, built in the 1930s, has young families, and retired homeowners. been renovated. Other homes are a mixture of new Quote: "We love the topography, the rolling Neighborhood Profile is a look at the interesting and old, some with wide porches, fireplaces and tin landscape and the curved roads. It doesn't feel like a neighborhoods of our area. It will run each month in roofs. development, and it's very tranquil," said Celeste Home & Garden. :?J^1 'anason c 4.d5/�aX HONE NJ. . Jun. 13 1935 37:4 A"11/4 7/ q't oLi"1-17)1/1/L/ ( $9(// ft,6)r----- te6:114 ',/x,. .)-47 4141' /4-1) a ` � d (2\ 1411'. i. .+6___Iiu__. -\ (,,e. c.tAiraJ -c2 (6 r /6r- -H, ; FETED .111N 13 1996 PLANNING & ZONING - r GEORGIA R. DE 11AVENON 40 EA:T 8ESTH STREET • NEW YORK, NEW YORK 10I28 • TELEPHONE/FAX: 1212/ 722-2280 r-r-^ « /z7/99l iv � � , 4 43-7,-2.;:, P,,mw,,,,,ter—,>. ,(20i7&J, -1/7-1/2-ne,„,_ tv, 22,6,,,, ?„4„4 ,4,441 „44,), „ er,d,(_/ a-tu 'Hts kfufrie ,f, T-torA.:,4 'sit„J.6Q ( tts a4A, A'hac-/'. 41ti r(-4 1s(a . �� 4o-,<. f�. a kid ILIA;$/:(: aiie4 ✓1 ��W:7 N � g-xe., -1).-tre./K ot..--„C ciwL-jdf aAtet-- 0-Nafil S et_ cA,t4Az441 Ati_4JeA. 6) 4 ca d � �:f,. �s 6 ) 7t fr-tt t„,,,;24 it.\644Atte-3 11‘414 sts nr_ 440- t oat, diew' Z, gniKa/t - ) FCEVED ktti,72„._ PLANNING 820NING Boca Raton Historical Society, Inc. June 10, 1996 Chairman Mr, Jon Vaughn and Members of the Historic.Preservation Board City Hall 100 Northwest First Avenue Delray Beach, FL 33444 Dear Preservationist, I am writing in support of the establishment of'The South Ocean Boulevard District, including all houses and lots from 501 through 701 South Ocean Boulevard, on the cast side of Al A only. I believe the establishment of this district will be a turning point in saving Our important historic neighborhoods. Sincerely, Kristen Harare Director CC: Mayor Jay Alpern City Manager, David Harden The Delray Beach City Commission plccsilvE1` JUN 11 1996 PLANNING &ZONING Town Hall• 71 North Federal Highway Boca Raton, Florida • 33432-3919 Tel. 407-395-6766 • Fax 407-395-4049 JJ',I-11-133E, 14:13 1I=1'1I DE5I'.a,'a `''CES ia'JE -. 1 • MIAMI DESIC3N PRESERVATION LEAGUE it u 1 1 :� I M Yd y e POST OFFICE BOX 14O18Q,Min it 6fACH.FIOPiDA 33119-J180 '34+` (MS)6724014 FFsX (30.5)!672.4319 pihil June 11, 1996 Mr. Jon Vaughn, Chairman ' Delray Beach Preservation Board City Hall 100 NW First Avenue Delray Beach, FL 33444 Dear Mr. Vaughn: I am writing to voice the support of the Miami Design Preservation League for the establishment of the South Ocean Boulevard Historic District. The establishment of this district would help preserve a vital part of Delray Beach's important history. The history of northern financiers and industrialists developing southern Florida is readily evident in the South Ocean Boulevard Historic District and should be preserved as one important aspect of the city and region's history. The Miami Design Preservation League (MDPL) is a non-profit organization devoted to Preserving, protecting and promoting the cultural, social, economic, environmental and architectural integrity of the Miami : Beach Architectural District. It was organized in 1976 and is the oldest Art Deco society in the world. Delray Beach and more than 2000 communities nationwide have proven the success and viability of historic district designation and review. The MDPL supports the establishment of the South Ocean Boulevard Historic District and we offer our support to the City and individual property owners. The Miami Design Preservation League seeks to work in local communities to explode myths about historic preservation and prove the enormous benefits reaped when people work together to protect their heritage. We look forward to working with the city of Delray Beach to further their historic preservation goals. Please feel free to call me if I can be of any help. Sincerely, AcsavED JUN 11 1996 George T. Neary Executive Director PLANNING ZONING cc: Mayor Jay Al' erin and City Commission Carolyn Patton, Preservation Society of Delray Beach T1LP.51 Venture Concepts International, Incorporated June 6, 1996 ' Mayor Jay Aplerin t City Commissioners David E. Randolph, Sr., --' JU�J 1996ij li r ! Kenneth Ellingsworth, Kevin Egan, Karen Kiselewski ` kL�DO:^ Aj '��ja Historic Preservation Board Members John M. Vaughn, Chairman, Debora Turner Oster, Pat Healy-Golembe Susan Hurlburt, John P. Johnson, Vera R. Farrington, Julie Morgan City Staff Pat Cayce, Diane Dominguez, Lula Butler, David Harden, Susan Ruby City of Delray Beach \996 11. 100 N.W. 1st Avenue s Delray Beach, Florida 33444 ,)\N\ &l- ON°‘G Dear Mayor, Commissioners, Board Members, & Staff; Q\,P`NN\NG Let this letter serve as my formal objection to the Historic Preservation Board in making a recommendation to the City Commission to establish a six property historic district on South Ocean Boulevard as well as my objection to the City Commission in the adoption of such a policy should it come before the Commission. For the record I own one of the six properties, 611 South Ocean Boulevard, in the proposed district and one, 1171, outside the proposed district. I as well as others that are opposed respectfully request that you consider the following facts: 1) All six property owners in the proposed district have gone on record by way of letter or signed petition (see enclosed) saying they are ADAMANTLY OPPOSED TO ITS FORMATION. This proposed legislation leaves all six owners strongly opposed for a myriad of reasons ranging from the taking/restricting of private property rights thni the direct placement of an "inordinate burden" that would cause for a significant loss in value (please refer to the Harris Act enclosed)to questionable historic significance(only four of the six lots have houses on them, each of which would have a hard time qualifying as historic)to simple unnecessary, intrusive and damaging government intervention with peoples private property and lives. 2) Sixteen of the eighteen oceanfront property owners adjacent to the proposed district are on record opposing its formation. Two signatures have not been obtained are due to the owners being out of the country. This resistance is a direct result of two very real factors. First, in the event an owner outside the district were to sell their oceanfront home the general perception from the buying public may be that of apprehension. 72 Southeast 6th Avenue • Delray Beach, Florida 33483-5314, U.S.A. Telephone 407. 274.9696 • Fax 407. 274.0850 A particular buyer who is contemplating spending millions of dollars to purchase a home or land may have cause to become leery due to the lingering possibility of their home/land someday being restricted. In the higher end real estate market this fear would be quantifiable and would significantly devalue those owner's properties outside the proposed district. Second, attempts have been made in the past to include all properties along South Ocean Boulevard in a historic district. Regardless of the assurances given to those owners outside the proposed district by the individuals supporting this legislation it is the general consensus that those individuals can not be trusted and, based upon past efforts, may attempt to include additional properties in the future. 3) All supporters of the district DO NOT own property or live in the proposed district. Simply put, if those who wish to preserve these properties wish to do so they may purchase them from the owners and do what they wish. 4) I personally believe this to be much more of a zoning issue, rather that a attempt at preservation. Our city has a very strict and precise set of Land Development Regulations that are in place to address any zoning concern. Attempts should not be made, under the guise of"Historic Preservation" to circumvent regulations that are more than adequate. 5)If an individual wishes to designate their property historic there are voluntary means such as deed restrictions or individual designation that could accomplish preservation without force. In closing, the manner in which this effort was brought forth was done so with such secrecy and expediency that it caused a very unnecessary and unfortunate event to occur,the demolition of a beautiful home at 601 South Ocean Boulevard. For the record,plans were well along and much time had been spent to carefully relocate this home to a more viable location. The "Preservation by Ambush" tactics implemented by the individuals who have been behind this effort as well as the Preservation Board resulted in the City loosing a very beautiful home. We can learn from this tragedy. As Commissioners,Board Members and Staff, open and honest communication with ALL affected parties from the outset with regards to issues that will initiate change will cause for less resistance and more joint cooperation. This and other approaches that make an effort to involve the entire community in the planning and decision making process are what caused Delray Beach to win so many prestigious awards and become such a wonderful place to live and work. I, nor those on record whom strenuously oppose the proposed district feel the Preservation Board should make a recommendation to the Commission for the creation of the same. With 100% opposition by the six property owners, as well as the additional opposition,I respectfully request that June 19th be that last time this issue is brought up and that the Historic Preservation Board not recommend to the City Commission for consideration this proposed district. Sincerely, A/(161/6 rank E. McKinne 171 South Ocean Boulevard FEM/jm enclosures 05/1 4/1996 09:2p 407-243-7221 407 243 7221 • CITY OF DELRAY PAGE 01 Post-It"'brand fax transmittal memo 7671 Matpagas► a Cm Co. Fax - F• Worrell Enterprises, Inc. May 9, 1996 Thomas E.Worm!,Ir. Chairman ;t ^1 ', Historic Preservation Board 100 N.W. 1st Avenue Delray Beach, FL 33444 VIA =TXF D MAIL Dear Ms. Cayce: { I have been out of the country fcr almost two weeks. I returned last night . At that time. I rieviewed the notice of a scheduled meeting of the Historic Preservation Board of Delray Beach to consider designating property I own as part of the South Ocean Boulevard Historic District_ I am the owner of the property at,-'501 South Ocean Boulevard, and All' South Ocean Boulevard, which I purchased several weeks ago. The purpose of this letter is to formallynotify y you and the board that I strenuously object to and oppose the inclusion of my properties in any historic district. I consider such an action to be unnecessary, intrusive, and potentia ly damaging to the value of my property. Further, it is my understanding that a developer was allowed to tear down one of the homes in the designated area on the day of notification concerning the public hearing. In fact, I suspect it is this developer and he projects he has undertaken along South Ocean Boulevard that may have caused concerns by the Historic Preservation Board. While I certainly support the preservation of historic properties and landmarks, I do not believe that it is appropriate in this case for the government to attempt to mandate and restrict property owners in the quiet enjoyment of their homes and property. If the City of Delray Beach wishes to influence the style of residences being erected along South Ocean Boulevard, it already has the means to do so. ?PELTED • WY x3 1996 1450 South Dixie Highway 0 Boca Raton,Florida 33432 0 Tel:407-338-3298 PLANNING&ZONING0 Fax 407-338-3453 • . 05/14/1996 09:26 407-243-7221 CITY OF DELRAY PAGE 02 Ms. ,Patricia Cayce May 9, 1996 Page Two }• � j` ,4 =�{•3�+"r a. .re i le expense, to protect and enhance �s< � Mgr � i `yt�• f my residence at 501 South Ocean >'�tip ,A DT` s' Y � e at 511 South Ocean Boulevard. I do •s;. �; �►_ :�_ : •,aw_ _ :. a'�erso i mmitment to preservation. It seems to me the answer to the concerns of the board lie not in government intervention but in communication and cooperation between the board and citizens of the community. I would be happy to discuss deed restrictions or other voluntary actions' that may be taken to preserve unique properties. I would appreciate it if this letter would be made a part of the record concerning this matter. (7671;30 CLA4-(/( ( ( , Thomas E. Worrell, Jr. TEWjr:mb cc: Members of the Board City Commissioners • MRS. JAMES G. ALFRING 7:)1SOUTH OCEAN BOULEVARD DELRAY BEACH, FL 33483-6635 May 17, 1996 Ms. Patricia Cayce City of Delray Beach Historic Preservation Board 100 N.W. 1st Ave. Delray Beach, FL 33444 Dear Ms. Cayce: I am the owner of the-property at 701 South Ocean Boulevard, which my husband and I purchased in 1963 and where we have been living since that time. Our house is one of the four remaining houses in the proposed Historic District. I understand that the owners of three remaining houses are opposed to the inclusion of their properties in the proposed Historic District.. And, by this letter I want to advise you and the Board that I am strongly opposed to the inclusion of my property in the District. About three years ago my late husband and I became concerned about the development along the ocean front and suggested to representatives of the Historic Board that appropriate action be taken to preserve the character of the beach property as it was at that time. No action was taken. Since then the property (611 South Ocean Boulevard) immediately to the north of my property has been sold and a large new residence is in the process of construction. Also the residence, formerly 601 South Ocean Boulevard, was sold and the house torn down. From my standpoint the damage has been done and this section of the beach has little or no historic significance. In view of these developments, I am opposed to the creation of a Historic District and believe that the Zoning Commission of Delray Beach should provide my property with adequate protection. Sincerely yours, ,u CLSa ar -,--C Mary Blia Alfring cc: Members of Historic Board Mayor Jay Alperin w BLRI=Tu.RBFtkm" 7't), Paz-a(7e‹, ld-sec: pa�-r,Lxitt�} e()w� iC e-0 `22 td -ef-fix7 deif,r/L. 7,6 2,? 2- 1 )&/> le 4.(7 a7-e � a� sa n�i�,�0'�Z- . -- . 4,6,6Q,0217 ,/44,e owlGI)* 3a6 ,rxe,t,t • bLaee, a/44/66e1 /IVO-vney (a1.1e24 PETITION OPPOSING OCEANFRONT HISTORIC DISTRICT We, the undersigned, each of which either own one of the proposed 6 properties or own directly on the ocean adjacent to the properties, do strongly oppose the formation of a Historic District encompassing the 6 properties from 501 South Ocean Blvd. to 701 South Ocean Blvd. in Delray Beach. We firmly believe this action to be an unfair and misguided attempt to restrict the property rights and market values of oceanfront properties in Delray Beach. The manner in which these specific properties were chosen appears haphazard and arbitrary and, in some cases, of absolutely no historical value at all. While not opposed to Historic Districts as a whole, the proposed location of this District would unduly harm overall property values along the ocean, decrease the tax base, make potential future residents wary of purchasing on the ocean in Delray Beach and severely limit the rights of the affected owners. We are opposed to this district and the efforts used to push it's formation, and will vigorously defend our property rights afforded us by local, state and federal law. NAME ADDRESS.. � . 0 Sep, 21. 199535 5:37PM £ lie. 4405 P. 2/2 Adrienne V. Schmitz From:ELK Attorney at Law 810 Silverbell Lane Wellington,Florida 33414 /t (407)793-5948 L"*.J Xi E. I-) (305)9672821 • Fax(305)963-1715 9 d r f% • September 21,:1995 ivt5. rift usy I rl vaw v*uuu 1 1atuwG1 city of Delra !Beach 100N.W. Firs' Avenue Delray Beach,;FL 33444 RE: Termina`'on of S. Ocean.Blvd. HP District Designation • Dear Pat: • • As discussed, please let this letter serve as formal request that the above District Designation b; hereby immediately terminated. Thank you for your assistance in this matter. Sincerely, 4 ycezref Adrienne V. hmitz, Esq. cc: Mr. & j,. James Alfring Scott A. Esq. (via fax # (407) 394-3699) II I• • ► r PETITION OPPOSING OCEANFRONT HISTORIC DISTRICT We, the undersigned, each of which either own one of the proposed 6 properties or own directly on the ocean adjacent to the properties, do strongly oppose the formation of a Historic District encompassing the 6 properties from 501 South Ocean Blvd. to 701 South Ocean Blvd. in Delray Beach. We firmly believe this action to be an unfair and misguided attempt to restrict the property rights and market values of oceanfront properties in Delray Beach. The manner in which these specific properties were chosen appears haphazard and arbitrary and, in some cases, of absolutely no historical value at all. While not opposed to Historic Districts as a whole, the proposed location of this District would unduly harm overall property values along the ocean, decrease the tax base, make potential future residents wary of purchasing on the ocean in Delray Beach and severely limit the rights of the affected owners. We are opposed to this district and the efforts used to push it's formation, and will vigorously defend our property rights afforded us by local, state and federal law. NAME /DRESS 1 of err 935' 5-o . etra,z, iti.i?„pc) MAr ,z. b CL V 4,„ , , o , 1 7/( (90, ��- (Ga /1 /y)/ S a (..,6",„_) 96? co_ av).1 e • PETITION OPPOSING OCEANFRONT HISTORIC DISTRICT • Y •We, the undersigned, each of which either own one of the proposed 6 properties or own directly on the ocean adjacent to the properties, do strongly oppose the formation of a Historic District encompassing the 6 properties from 501 South Ocean Blvd. to 701 South Ocean Blvd. in Delray Beach. We firmly believe this action to be an unfair and misguided. attempt to restrict the property rights and market values of oceanfront properties in Delray Beach. The manner in which these specific properties were chosen appears haphazard and arbitrary and, in some cases, of absolutely no historical value at all. • While not opposed to Historic Districts as a whole, the proposed location of this District would unduly harm overall property values along the ocean, decrease the tax base, make potential future residents wary of purchasing on the ocean in Delray Beach and severely limit the rights of the affected owners. We are opposed to this district and the efforts used to push it's formation, and will vigorously defend our property rights afforded us by local, state and federal law. NAME ADDRESS . From : PHONE No. : 313 352 9133 May.10 1996 5:12PM P01 606/08/96 14:20 1,1407E744460 TYNBR RESXDENCE el003 ?SI MON OP-POSING 0-CEANFROXLMSTORIC DISTRICT We,the undersigned, each of which either own one of tha proposed 6 properties or own directly on the ocean adjacent to the properties. do strongly oppose the formation of a Historic District encompassing the 6 properties from 501 South Ocean Blvd to 701 South Ocean Blvd. in Delray Beach. We firmly believe this action to be an unfair and misguided attempt to ramjet the property rights and market values of oceanfront properties in Delray Beach. The manner in which theca specific properties were chosen appears haphazard end Arbitrary and, in some cases, of absolutely no historical value at all. While not opposed to ffisterie blttricts as a whole, the proposed location of this District would unduly harm overall property values along the ocean, decrease the tax base, make potential future residents Mary of purchasing an the ocean in Delray Beach and severely limit the rights of the affected owners. We are opposed tv this district and the ef'fori used to push it's formation,and will vigorously defend our property rights afforded us by local, state and federal law. NAM ADDRESS • S.Orr. Le -L— r� le PETITION OPPOSING OCEANFRONT HISTORIC DISTRICT , We, the undersigned, each of which either own one of the proposed 6 properties or own directly on the ocean adjacent to the properties, do strongly oppose the formation of a Historic District encompassing the 6 properties from 501 South Ocean Blvd. to 701 South Ocean Blvd. in Delray Beach. We firmly believe this action to be an unfair and misguided attempt to restrict the property rights and market values of oceanfront properties in Delray Beach. The manner in which these specific properties were chosen appears haphazard and arbitrary and, in some cases, of absolutely'no historical value at all. While not opposed to Historic Districts as a whole, the proposed location of this District would unduly harm overall property values along the ocean, decrease the tax base, make potential future residents wary of purchasing on the ocean in Delray Beach and severely limit the rights of the affected owners. We are opposed to this district and the efforts used to push it's formation, and will vigorously defend our property rights afforded us by local, state and federal law. NAME ADDRESS PETITION OPPOSING OCEANFRONT HISTORIC DISTRICT We, the undersigned, each of which either own one of the proposed 6 properties or own directly on the ocean adjacent to the properties, do strongly oppose the formation of a Historic District encompassing the 6 properties from 501 South Ocean Blvd. to 701 South Ocean Blvd. in Delray Beach. We firmly believe this action to be an unfair and misguided attempt to restrict the property rights and market values of oceanfront properties in Delray Beach. The manner in which these specific properties were chosen appears haphazard and arbitrary and, in some cases, of absolutely no historical value at all. While not opposed to Historic Districts as a whole, the proposed location of this District would unduly harm overall property values along the ocean, decrease the tax base, make potential future residents wary of purchasing on the ocean in Delray Beach and severely limit the rights of the affected owners. We are opposed to this district and the efforts used to push it's formation, and will vigorously defend our property rights afforded us by local, state and federal law. NAME ADDRESS .7 ' --�' -o C - ,(���� �� /�07 &, L P( PETi'nON OPPOSING OCEANFRONT HISTORIC DISTRICT ' Y We, the undersigned, each of which either own one of the proposed 6 properties or own directly on the ocean adjacent to the properties, do strongly oppose the formation of a Historic District encompassing the 6 properties from 501 South Ocean Blvd. to 701 South Ocean Blvd. in Delray Beach. We firmly believe this action to be an unfair and misguided attempt to restrict the property rights and market values of oceanfront properties in Delray Beach. The manner in which these specific properties were chosen appears haphazard and arbitrary and, in some cases, of absolutely no historical value at all. While not opposed to Historic Districts as a whole, the proposed location of this District would unduly harm overall property values along the ocean, decrease the tax base, make potential future residents wary of purchasing on the ocean in Delray Beach and severely limit the rights of the affected owners. We are opposed to this district and the efforts used to push it's formation, and will vigorously defend our property rights afforded us by local, state and federal law. NA ADDRESS 'II De:67-ieti .64/.0 a.47//q 'c 3317,3 I Growing Presence: • companies are' in South Flori I New Property-Rights Law Sends .. . . . CityPlanners Scramblingforr Cover ._ By PETER MITCHELL , . ., Staff Reporter of THE WALL STREET JOURNAL .How the Law Works Florida's new property-rights law is A look at Florida's new property-rights law: only 25 days old.But its impact is already • evident in cities and counties throughout ©Government passes a may be ordered later to 0 If no settlement is the state. • new regulation,such as a pay the government's reached,the landowner • Consider: height restriction or a . attorney fees.) can bring the case to cir- •In Fort Lauderdale,the law has made stricter zoning code. cuit court. Christopher Wren, the city's manager of plannin and zoning, to endorse © If the new rule impos- - f •g g 0 Once the case is in cir a neighborhood association's request to re- es an"inordinate burden" _ �/ cult court,a jury must de • strict commercial development. He is on how a property is being cide what the landowner afraid the law—which makes it easier for used or on a"vested right . I\ = y,�i should be paid. landowners to receive compensation for to a specific use"of the _ � ,� • regulations that restrict the use of their property,a landowner must — 1 �. I •mo property-could land the city in court. be compensated for that. t-" l/�. \ The new law, Mr. Wren says,-"has ,F--.� - / . handcuffed me from doing what I consider ©Within a year after the -it �. —oper planning." regulation affects the prop- i . - ' •Palm Beach County officials have erty,a landowner who �� wants compensation must ' . cked away from a plan that would have P -il �,`=I preserved open space in some farm areas; present a written claim to `� _ — J after vegetable farmers complained that • the government entity '���i' , , 4 yT'lliV'�'g the plan reduced the value of their proper- involved. �/ /— 1�I , �!��i,j •j j p ` • ties. \ 1" ��»�\ •In Deland, a historic-preservation 0 The government has \1' • -- . d� , �� �` board put off plans for a new historic dis six months to reach a '` ® settlement with the •• .� W �'',''.. • }trice after a city attorney warned the board w that theplans could triggeraproperty- rightslandowner or back ' „.- 4''''"'', I s-• , � _ ,.,, ,,. lawsuit. off the new rule. II Iv ',."r', u ;, ,', ' '••}r• _-. "I don't think there's any question local (Landowners who 14/4 t, 1- - • 'v �`'<^'r�'• ea.�- governments have become more careful turn down an offer ,� q;'�re) tr: ;..: ' '" about their actions and taken into account that would have .5 - . o the property-rights" law, says Robert settled their claim CHRISTOPHE voatFr Rhodes,a partner in the Tallahassee office of Steel Hector&Davis who helped draft "The dark side of this thing is not really sating landowners.But many of them en- the proposal on which the new law is based. what I the act] says, but how people are dorsed the compromise as a way to avoid `s "The staffs are really dealing with the bastardizing it," complains Richard More Draconian measures being pushed property implications as they work up ordi- Grosso, a lawyer for 1,000 Friends of by the increasingly popular property- nances." Florida,a Tallahassee-based enivironmen- 'rights movement,such as having the new Just as Planned tal group. act cover regulations already in place. Proponents, of course, say this is pre- So,what does the law say? • • What's more, the law excluded such cisely what the law is supposed to do—force It essentially extends the rights of prop- common government efforts as building €` local officials to consider the cost of their erty owners to be compensated for govern- roads,preventing a public nuisance or bar- decisions in the private sector. ment regulations.Landowners have tradi- ring noxious uses of property.And it cre- "I think it's good they're doing this tionally been paid when government takes ated a lengthy process for making a ;. analysis,"says Wade Hopping,a Tallahas- away their property. But the property- claim-one that forces governments and see law yer who represents business inter- rights act,fashioned this spring as a com- landowners into negotiations that can last ests on environmental issues and helped promise between business and enyiron- six months and penalize either side if they i draft the property-rights act,known as the mental groups, requires governments to don't accept reasonable offers to settle. Private Property Rights Protection Act."A compensate landowners who still can use Precisely how much a local government 1.ber of local governments were getting their property, but bear such an "inordi- would owe a landowner under the law is a fi.. ��le cavalier,and I think this is kind of nate burden"of a new regulation that their. big unknown. Local planners would first.. i. : .ig them a reality check." property loses value. have to figure out which landowners are af- j •ut others are dismayed,insisting that Local government officials and environ- fected by a particular decision, and then 1_ local officials are running scared,making mentalists argued the law might stifle get an appraisal of how much property bad land-use decisions out of an overblown needed regulation as strapped localities value would be lost—a step no city has ci fear of,bein sued. g shied away from'the expense of compen- Please Turn to Page F3,Column 1 i in Manatee county. . - - ' .• - -- —' wider uurters verve—e rwai utieiu uuau a ig.Tw.---- • - ♦-. - • _ — • ' • ,/ /fj FLORIDA JOURNAL • .. • i - Property • Lai. • n Has Plann_ ,, ers Scrambling Continued From Page Fl After receiving a request to change the ings and single-family homes. • value would be lost—a step no city has zoning of one piece of property from light. Meanwhile, in Broward County, taken yet. industrial to a mix of residential and corn lawyers plan to review a draft overhaul of • And clearly,many cities don't want to. mercial uses, they decided to.consider a the residential zoning code to spot where The situation in Palm Beach County is similar change across a wider area near landowners might have a claim under the f illustrative, the county's southern extreme. new act. While legislators in Tallahassee were But in neighborhood meetings and in. "If we encounter something that-may • i debating properly rights, Palm Beach their own strategy sessions over the sum be a potential problem, that's something • I. county commissioners had been working mer,county planners decided that some of .we may consider not going ahead with," on a plan to preserve open space in a farm their ideas—such as expanding residential. says Soraya Kasper, an assistant county ' ing area east of the Everglades known as zoning—"were not totally viable because attorney. { the Agriculture Reserve.It was to be a two- of property rights,"says Carol Clarke,the A LongWait j pronged approach:The county would first county's director of planning, permitting lower the allowable number of homes per •and inspections.They are currently pursti And on Florida's west coast,Charlotte acre,from one for every acre of land to one ing a more modest approach. County Commissioner Max Farrell is back l for every five acres.It would then pay a "You're afraid to do anything because ing away from any tighter zoning restric, lump sum to farmers who agreed not to: any changes, even positive changes, will tions. "Down-zoning before the property- build atoll. cost you,because it may have an adverse rights act had some question marks by it," But several vegetable farmers,• who are impact on a few,"says Mark Barnebey,a he says."But with the property-rights act, the region's biggest landowners, felt the senior assistant county attorney in Mana it's gotten to a point where I won't vote to plan would shortchange them. The new tee."With your major rules,you may end do it until some of this is sorted out." building restrictions, Given the lengthy ' they argued,would di •• dispute process built minish their property RECISELY H©W MUCHA LOCAL government into the laws, that values. could take years.And •• "This a per that has a number of feet example of what a would owe a"landowner under t..he lat(1 15 ,.: citizens,such as Sims county ought not to be „• •,; ,„ Kline,disappointed% able to do was its'resi- Mr Kline a li- denls" says Gary a big unknown .Local planners would rst have brarian who chairs •*••�� � Deland's Historic Brandenburg, a t£ - r. . :... . lawyer who repre tQ figure Out whicl�_landowners are;affected by a h eservandreao dBoard sented the ls Gar- p ers. "The county was = '' r •• •*t:: - years of expanding • planning to take away particular decission�, and then get an +t,p, sisal the city's historic people's property • , .. •.) protection efforts rights without paying into one of its oldest them fair value.' of how ]?tuc propert valueZt�ould beZQSt-a , neighborhoods, Nevertheless, the x , , .,, where stately Victo argument went �, rian homes already nowhere—at first Step no city has taken yet ; are on the National • Then,after Gov.Law- '- Register of Historic ton Chiles signed the Places. new property rights law in May,assistant up bronzing your code essentially." But Deland's city attorney, citing the county attorney Bob Banks wrote a legal One of the reasons local planners are so potential of a property-rights lawsuit,per opinion warning commissioners that the cautious is that the law is vague.For the suaded the preservation board over the • county's plan might trigger a demand for act to be invoked,a new government regu - , summer to abandon,at least for now,plans compensation under the new law, poten lotion must impose an "inordinate bur for a new historic district that would have tially putting the county on the hook for an den"on the property owner.What's an in- imposed restrictions on renovations by expensive lawsuit or millions of dollars in ordinate burden? The bill outlines some I homeowners. damages.(Although the law didn't take of criteria for that, but even lawyers who The city's attorney doesn't think offi feet until Oct.1,it applies to local develop worked on the act say the definition will dials have much choice.If the board had ment rules passed after May 11,the day the have to be decided by the courts.And until moved ahead and been sued under the act, Legislature adjourned.) that happens,the safest approach is to as legal costs could have reached$10,000 to By summer,county commissioners,cit some the worst. $20,000,he says.And a loss in court would ing the potential lawsuits, were negotiat So although Mr. Arline of the Depart have been much costlier. ing a new deal with the farmers. What ment of Community Affairs thinks the The result,'Mr. Kline says, is that he emerged last month—and is still awaiting farmers in Palm Beach County would be can't win support to even begin drafting a state approval—was a plan that left the old unable to prove their case,.Mr.Banks,the proposed ordinance."We are in a period of zoning almost entirely intact,a concession assistant county attorney, sn't so sure. some drift here,"he says. some say was unnecessary. "Given the uncharted law that it is, Ironically, almost lost in the sound of Fears in Manatee when you're advising the board,you can't city planners running away from their "I tried to talk the county attorney out give the recommendation that this isn't go- plans is a •complaint from landowners:The �f it," says Terrell Arline, an assistant ing to effect them at all,"Mr.Banks says. property-rights act, they say, doesn't go eneral counsel at the Department of Com Others agree, and are urging caution. far enough., unity Affairs,which reviews local plan; In Hollywood, Planning Director Jud "The new statute is illusory," says Wing decisions under Florida's growth Kurlanclteek is telling the city's citizen ad Mark Sachs, a Tampa lawyer who works • management laws. "But he couldn't give visory panels,some of which are currently exclusively for landowners. "The mecha his clients a 100% guarantee that they re evaluating Hollywood's land planning nism for challenging new regulations is • wouldn't get sued." rules,not to recommend such new restric- very cumbersome.I think it's a crack in the Such fears have also haunted planners tions as lower height limits on high-rises or armor,not any great shakes for property in Manatee County. wider butters between apartment build rights." . _ . . • _______... .... _ • Florida's N ew Law to Protect Private Property by David L. Powell, Robert M. Rhodes, and Dan R. Stengle 0 n May 18 Governor growth management programs. The Study Commission II a It proposed new Lawton Chiles signed law protects landowners against some nonlitigation remedies for landowners,5 into law landmark legis- regulatory actions which do not rise to but its recommendations were not acted lationl which creates a the level of a taking, but it is more on by the legislature in 1994. Instead, new cause of action to provide judicial limited in scope than the property a citizen's initiative campaign proposed relief for landowners who suffer a ma- rights legislation considered in Florida a private property rights amendment jor restriction on the use of their land. in recent years. Perhaps most impor- to the Florida Constitution, but it was The law capped three years of con- tantly, it signals a change in the way removed from the ballot by the Florida tentious debate over proposed legis- government will do business with land- Supreme Court.6 lation and constitutional amendments owners. It is a balanced, measured Thus, at the start of the 1995 Regu- to give landowners protection beyond response to a pressing and emotional lar Session, lawmakers had several the existing constitutional guarantee issue. against private property being taken The public policyargumentpproperty rights measures before them. strike for public use without just compensa- vate property rightsbeen sim- I area.reasonable balance,eving these Go ernors did tChiles tion.2 The new statute has stirred fears mering for years, but it was only in decided to prepare his own proposal. it will empty the public purse and roll 1993 that lawmakers considered the He directed Secretary Linda Loomis back decades of work to protect the matter ripe for action. The legislature Shelley of the Department of Commu- environment and manage growth, as passed a bill to set up a Study Commis- nity Affairs to convene an ad hoc work- well as concerns it will completely fail sion on Inverse Condemnation to re- ing group to draft a consensus property to protect landowners confronted by a view landowner remedies when gov- rights measure. The working group steady accumulation of regulatory pro- ernment action restricts the use of land was composed of representatives from grams. but does not amount to a taking.3 local government,landowners,citizens In reality,it will do neither.The new Governor Chiles vetoed the bill be- groups, and other constituencies. It law grants important new rights and cause he said it was tilted too far met through most of the 1995 Regular remedies to landowners while pro- toward private interests and instead Session. With only one significant tecting existing environmental and set up the Governor's Property Rights change by lawmakers,7 the bill drafted 12 THE FLORIDA BAR JOURNAL/OCTOBER 1995 • by this working group was enacted with only one dissenting vote. •A variety of statutes create such The Harris Act rights.Among them are provisions in the Local Government Comprehensive New Judicial Remedy The cause of action is created by the creates a new cause Planning and Land Development Rega- Bert J. Harris, Jr., Private Property of action to provide latwn A ,15 the Florida Environmental Rights Protection Act,6 named after ianrl and Water Management Act,ls compensation to a the statute creating the surface water the Highlands County legislator who has championed property rights legis- landowner when the t regulatory a coa m,20 and lation for years. The Harris Act seeks the statute creating the coastal con_ actions of a struction control line program 21 Local to provide compensation to a landowner when the actions of a governmental governmental entity government vesting provisions are not entity impose an "inordinate burden" covered by the Harris Act unless they on his or her real property. It is in- impose an implement a particular state statute. tended to apply to governmental ac- "inordinate burden" For example, local government com- tions that do not rise to the level of a prehensive plan policies and land de- takingundertheFloridaorU.S.evel otu_ on his or her real velopment regulations that define a "final local development order" or es- tions.9 new judicial remedy is intended property tablish when development "is con- Theto protect either a landowner's "exist- thrum' g in good faith" should be coo- ing use"or"a vested right to a specific toryla erect by the new cause of action.22 Plan use"of land rves an action bya principles. These foundations for policies or local regulations that codify regional, ord local state, establishing vested rights are inde- equitable estoppel principles are not government agency pendent; for purposes of the Harris covered bythe that would amount to an inordinate Act, rights may vest under anyof the Harris Act'sed categorical burden.10 Therefore, in any potential bases. protection of rights vested pursuant to claim it is critical to evaluate the Equitable Estoppel.The estoppel doc- statestatute. landowner's property interest in light trine is grounded in equity,and focuses Harris Act Limitations of the statutory requirements for relief. on whether it would be inequitable to The see gdeceptive,broad Existing Use allow government to repudiate its prior Harris Act sbecause the conduct.Equitable estoppel will be ap- new judicial remedy sig- An "existing use" means an actual, plied to government regulation of a nificant limitations. . present use or activity on the land, land use if a landowner, in good faith, exceptionsesand��hoac The notwithstanding periods of inactivityHarris Act does not apply to actions normally associated e with o r inial on some act or omission of government, by the federal government, or by any to the activity."A period of inactivity ton ordhas incurred extensive e a substantial obli- whee in posi- n exercising isin to otherwise covers ered the could include land lyinggations and expenses,so that it would United States or its agencies through fallow in asso- ciation with the growing of crops. be inequitable and unjust to destroy a formal federal delegation.23 The Har- An"existing use"also maythe acquired right.15 Each of these ris Act does not apply to governmental mean: [Sluch reasonably foreseeable,nonspecula- criteria has received valuable judicial actions which involve operating, main- tive land uses which are suitable for the interpretation and application,16 and taro subject real property and compatible with adjacent land uses and which have created mg, or expanding transportation the legislature relied solely on these facilities,and it does not affect existing an existing fair market value in the prop- cases in establishing an equitable es- law regarding relat- ertythe greater than the fair market value of toppel basis for vesting, ingto eminent domain is t real actual,rope present use or activity on the transportation The Harris Act P party, Substantive Due Process.Rights also is not intended to affect the sovereign So longrequestedmay vest for purposes of the Harris Act immunity as the use is not by applying constitutional principles of goveonmegn25 speculative, is suitable for the prop- of substantive due process. This stan- Harris Act and most significantly, the erty, is compatible with adjacent land dard enables the judiciary strictly aforward-lpeking uses, and can be justified by to craft a measure. It applies only to specific uses, n landowner meets ap-h constitutionally based vesting test sepa- actions of a governmental entity based rate from takings theories or remedies, on a statute enacted after the final other requirements, the landowner and distinct from equitable esto ppel.should be protected by the Harris Act.13 This standard could focus on whether 11,01995 adjournment of ale, regulation,legislature on May This alternative definition of"existing an owner has acquired a constitution- ordinance adopted after tht Ac use" should benefit a landowner who ally protected property 'applies for approvaleni of a land use which P P ty interest that tions based on a statute enacted before should not be diminished or frustrated that date, or a rule, regulation, or is already enjoyed by his or her neigh- by governmental action.17 In some in- or bore, stances, the protected interestdurance adopted before that date, or could one formally noticed for adoption be- A "vested right to a specific use" be established by applying and satis- fore must be determined by applying corn- fying estoppel principles, but the new that date, are exempt from des mon law principles of equitable estop- Harris Act- This provision provides test should go further, perhaps the most significant pel, constitutional principles of sub- Statutory Vesting. The Harris Act amolandowners—controversial ontroersand— stantive due process, or state statu- protects rights vested by state stat- tationnilabil ty ofih i_ 14 THE FLORIDA BAR JOURNAL/OCTOBER 1995 regarding the availability of this 1. pensation has been paid. The gov- land use is well ernsation entitymaygrounded in the law of argument that denying the requested use hold, sell, or eminent domain relating to valuation.E.g., would be arbitrary and capricious. otherwise dispose of these development Yoder u. Sarasota County, 81 So. 2d 219 14 Fla.Laws Ch.95-181,§1(3)(a). rights. court has (Fla.1955);Board of Commissioners of State 15 City of Hollywood v.Hollywood Beach rights. Whenen,theit will has awarded the Institutions u. Tallahassee Bank & Trust Hotel Co., 283 So. 2d 867 (Fla. 4th D.C.A. form and recipient of the rights and the 817 (Fla.Co., 100 1958)o. 2dsSee als7,cert.o Florida Eminent 1976), rev'd in part, 329 So. 2d 10 (Fla terms of their acquisition.49 The court Domain Practice and Procedure§§9.32-.33 16 Rhodes & Sellers, Vested Rights:Es- also is given broad powers to make (4th ed. Fla. Bar CLE 1988). A land- tablishing Predictability in a ChangngRegu- owner probably would have a cause of latory System, 20 STET. L. REV. 475, 476 final determinations to effectuate the relief available under the Harris Act,50 zoning, dection nial of equal protection, or on reverse spot 17(199 R. Corp.v.7bwn of High- In light of the unique purposes and haps substantive due process,based on the land Beach,18 F.3dion t 1536, 1544 (11th Cir. intent of the Harris Act,a court should not necessarily construe it under the case law regarding takings claims un- der the U.S. and Florida constitutions New Persnec•cirer On Real Estate Practice#43: if the governmental action does not rise to the level of a taking.51 • The Harris Act creates a new civil • action remedy for landowners that will GrovIIflgbear a striking resemblance to existing ja'ns• remedies under takings law.Each case In a bygone era of home remedies and wishful concoctions,there were night- will be an ad hoc, fact-intensive in- time aches in the limbs and joints of children attributed to growing bodies pushing quiry to determine whether a particu- outward—a fantasy propagated by well-meaning elders with a bent toward mysti- lar action of government intrudes too cism.The pain was real,but its origin was fantastical. far into the landowner's domain. The discomfort associated with ourprofessionalgrowth can be as palpable, but the cause often is similarly illusory. p p Conclusion Growing a practice requires that lawyers market themselves,and that makes The 1995 property rights legislation most lawyers uneasy.But are lawyers uncomfortable with the actual process of was intended to adjust the balance marketing,or with the mere thought of it? between the private sector and govern- Even grownup professionals can misinterpret the sources of their distress. went in the o friction be-n It is true that developing a practice requires that we stretch ourselves,that we grow ment regulators and continuing friction over to learn new skills and accept new,personal responsibilities.Growing your practice certainly the use of land in Florida, It reflects It onlyappears so from a distance.SThe real e your wsource of the pain is rkload.But this is n intangible.Itot thelispart. . both the popular mood and a shift in for the most part,completely imagined.And,once you jump into the process,it legislative sentiment in recent years. goes away. This remedy is not a radical depar- The pain stems from inertia,or"getting off the dime."It stems from lawyers' ture from prior law. The Harris Act embedded reluctance to move outside their comfort areas,which are usually defined builds upon common law principles, by the more technical aspects of the practice of law.It stems from a deep-seated mis- conception—or a convenient rationale—that rainmakers are born,not made.And it constitutional decisions,and the tradi- tion of finding an accommodation be- stems from a somewhat self-righteous attitude that the duties associated with market- tween public and private interests. It ing and other vestiges of the"business''of practicing law are best left to someone else. represents an attempt to You cannot avoid growth.Our willingness to grow as professionals—to learn P provide new how to market ourselves and our services—is intimately and inexorably entwined and measured relief for landowners with the growth of our practice and our profession.Growth means survival. without undermining Florida's land- You must be willing to give up contentment and safety,and embrace a will- mark environmental protection and ingness to step outside the familiar.Then you must acquire the habits,skills,and growth management laws.O discipline necessary to market your practice.And,perhaps most important,you've got to become good at it.so that,over time,you've acquired a level of expertness, a personal mastery,of the process. 1 Fla.Laws Ch.95-181. 2 U.S. CONST. amend V;FL A. CONST,art. Then,with the dawning of your efforts,the looming pain you had once so X,§6• vividly imagined,miraculously,will disappear. 3 Fla.SB 1000(1993). 4 Fla.Exec.Order 93-150(June 4,1993). 5 Report of the Governor's Property for Rights Study Commission II(Feb.28,1994). of Service lOf1 6 Advisory Opinion to the Attorney Gen- Forted of eral re Property Rights,644 So.2d 486(Fla. of Innovation 1994). T Fla. H.R. Jour. 1050 (Reg. Sess. May For an in-depth conuncntan on%%at km Jinn marketing can nuan to you.%%rite. 5,1995). 8 Fla.Laws Ch.95-181,§1. Attorneys''ale Insurance Fund.Inc. 9 Fla.Laws Ch.95-181,§1(9). Attention:Marketing tiepinsReference: Reference:law Finn 1larketing P.O.Box G1t(xxI to Fla.Laws Ch.95-181,§1(3). Orlando.FLit' xxt 11 Fla.Laws Ch.95-181,§1(3)(b). 12 Id. c 199i.Anorn�.+''Iule Insurance Fund.Inc. 13 This approach to defining an existing THE FLORIDA BAR JOURNAL/OCTOBER 1995 17 a .. 199s4 STAT.§163.3167(8). 37 Fla.Laws Ch.95-181,§1(4Xd)2. Fla.Laws Ch.95-181,§1(6Xc)1. 19 FLA.STAT.§380.05(18)(areas of critical 39 Any proposed settlement offer or pro- state concern);FLA.STAT.§380.06(20)(1994 The Harris Act posed ripeness decision,and any negotiations Supp.)(developments of regional impact). or rejections with respect to the formulation 2° FLA.STAT.§373.414(11)-(16)(1993). builds upon of the settlement offer and ripeness deci- 21 FLA.STAT.§161.052(1993). sion,are admissible in the proceeding only 22 See FLA.STAT.§163.3167(8)(1993). common law for the purpose of determining costs and 23 Fla.Laws Ch.95-181,§1(13)(c). attorneys' fees. Fla. Laws Ch. 95-181, 24 Fla.Laws Ch.95-181,§1(10). principles, §1(6Xc)3. The determination of costs and 25 Fla.Laws Ch.95-181,§1(13). attorneys'fees must be made by the court. 26 Fla. Laws Ch. 95-181, §1(12). An ac- constitutional Fla Laws Ch.95-181,§1(6Xc)L tion based on a subsequent amendment decisions, and the 4° Fla.Laws Ch.95-181,§1(5Xb). may be a basis for a Harris Act claim"only41 Fla Laws Ch.95-181,§1(6Xa). to the extent that the application of the tradition of finding 42 Fla.Laws Ch.95-181,§1(6Xb). amendatory language imposes an inordi- 43 Fla.Laws Ch.95-181,§1(6Xa). nate burden apart from"the grandfathered an accommodation u Fla. Laws Ch. 95-181, §1(6Xa). In statute,rule,ordinance,or regulation.Id. determining whether there has been an 27 Fla.Laws Ch.95-181,§1(3)(e). between public and inordinate burden,the final settlement offer 28 Id. and ripeness decision are admissible; pro- 29 Id. private interests posed settlement offers and ripeness deci- sions,and negotiations are insidmissible for these purposes. Fla Laws Ch. 95-181, §1(6Xc)3. 90 Id. 45 Fla Laws Ch.95-181,§1(6Xa). 31 Id. 46 Id. Journal Article 32 Fla.Laws Ch.95-181,§1(11).33 47 Fla Laws Ch.95-181,§1(6Xb). Fla.Laws Ch.95-181,§1(4)(a). 4s Fla Laws Ch.95-181,§1(6Xb). Writing Contest 94 Fla.Laws Ch.95-181,§1(4)(c). 49 Fla Laws Ch.95-181,§1(7)(b). 35 Fla.Laws Ch.95-181,§1(5)(a). b3 Fla.Laws Ch.95-181,§1(7Xa). 36 Fla.Laws Ch.95-181,§1(4)(d)1. b1 Fla.Laws Ch.95-181,§1(9). The Florida Bar Journal gives cash awards annually from an AUTHORS endowment set up in memory - of Barbara Sanders by attorney Barrett Sanders, former chair of The Florida Bar Journal Edi- torial Board. , --,-;-.IV. " s- 74 ..-17- ' A first place award is presented ; � . f each June, and second and 0 third place awards are given • ' at the discretion of the judges. _ Judges select winners from '� It .11 those lead articles published be- tween May and April. POWELL RHODES STENGLE David L. Powell is a shareholder in the Tallahassee law firm of Hopping The Florida Bar Journal Edito- Green Sams & Smith, P.A. He served as executive director of the third rial Board screens the articles Environmental Land Management Study(ELMS III)Committee.His practice and selects finalists for submis- includes growth management, land use, and facility siting matters. sion to a panel of judges. Win- Robert M. Rhodes is a partner in Steel Hector & Davis, resident in Hers will be announced in The Tallahassee. He is a former chair of The Florida Bar Environmental and Land Use Law Section and is treasurer of the Administrative Law Section. Florida Bar News in June. Mr. Rhodes served on the working group that recommended draft property rights legislation to the legislature. Judges select winners accord- Dan R. Stengle is the general counsel to the Florida Department of the ing to writing quality, substan- Community Affairs.Prior to that,he served as staff director to the Committee quality, on Governmental Operations of the Florida Senate, and as general counsel tine style, and degree tive difficulty. to the Florida Game and Fresh Water Fish Commission. He served as the principal draftsman to the ad hoc working group that drafted the Bert J. Harris,Jr.,Private Property Rights Protection Act. This article is submitted on behalf of the Environmental and Land Use Law Section,Mary F.Smallwood,chair,Sid F.Ansbacher,editor,and Bob Fingar, special editor. ■ 18 THE FLORIDA BAR JOURNAL/OCTOBER 1995 June 6, 1996 Delray Beach Historic Preservation Board Chairman Jon Vaughn City Hall 100 Northwest First Avenue Delray Beach, F1 33444 Dear Chairman Vaughn, This letter is in support of the proposed South Ocean Boulevard Historic District that will soon be before your Board. It is important for you to remind yourself that newer and bigger is not always best for a community. And that is the question you must decide. . .What is i the best interest for our community, our Village by the Sea? I suggest to you that establishing this Historic District and saving the wonderful houses that are there, will be much more bene- ficial to our City than the alternative. The acclaimation and rewards for such a decision would ring thruout the preservation world. Our Delray Historic Districts have been a significant factor in Delray' s successful Redevelopment. Years ago those of us working toward this dream called it a "Renaissance", a rebirth of Delray Beach that would build on its past. This beachside District would continue the momentum. It would also preserve yet another part of not only Delray' s history, but also some architectual and social history of South Florida. The recent remodeling and upgrading at the Nisbet House, at 501 South Ocean Boulevard, is the perfect example of what can be done to these historic homes . If has remained a charming and quaint hint of the past, yet has been improved to acconPdate the present. This is what Delray Beach is all about,, flow can anyone continue to allow such valuable homes be destroyed with the flip of an ignition switch on a bulldozer? Thank you for your consideration in voting to protect Delray Beach's and South Florida' s historical remnants . Sincerely, / Wn Ann Merlau Fulton d e.cS cc: City Manager 4c-te, be-I M City Commission bej0a)ji , I J� ( 2 5 i /�/_52 June 7, 1996 65 Palm Square Historic Preservation Board It is not only the preservationists who are disturbed by these non-descript, unsuitable houses (most are for re-sale) that are appearing in all neighborhoods throughout the city but many citizens whose property rights are invaded by these huge windowless walls of homes and unattractive fences. The residents are beginning to call for stricter zoning, more appropriate setbacks and an architectural review board throughout the city. There may be rules of English Law referred to by some, but this is America, a democracy where all persons rights need to be observed. And the man next to the castle should be protected as well as the owner of the castle no matter when or what part of our city, he doesn't deserve to have the character of his neighborhood and his city changed for the economic betterment of the few. Please consider the character of the whole town and the precious few historic homes we have here when you make your decision. A vote for the South Ocean Boulevard Historic District will be the turning point in saving our important historic neighborhoods. Sincerely, -C6-7Alieda N. Riley cc: The Mayor and City Commissioners FACETED JUN 7 140 'PLANNING &ZONIN@ Alieda R. Maron June 7, 1996 Historic Preservation Board: I spent the first 18 years of my life at 511 S. Ocean Blvd. I am currently a property owner in the Marina Historic District. My grandmother, Carolyn Hempstead Riley, lived with us and taught us a respect for history. She was a descendent of Joshua Hempstead who built the Hempstead House in New London, Conn., in 1680. She also was one of the heirs who gave the house to the Historic Society of Connecticut who have opened it as a museum, If we don't preserve some of Florida's historic sites, there will be no sense of history here. Please vote yes to establishing a historic district on South Ocean Boulevard. Sincerely, fatditrik.../ Alieda R. Maron cc: The Mayor and City Commissioners 'gag VZit) JUN 7 1996 PUNNING & ZONING June 7, 1996 Historic Preservation Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District, including all houses and lots from 501 through 701 South Ocean Boulevard on the east side of Al A only. I believe the establishment of this district will be a turning point in saving our important beachfront historic neighborhoods. Sincerely A, cvi N. Monty Riley cc: The Mayor and City Commissioners • ycrivp ;� JUN 7 l' ° PLANNING & ZONING Jun-06-96 01 : 20P P-01 Post-ft•Fax Note 7671 Date •0 • • I :. .S •. To`^�[/�iy/il �� / From S f,/Lj7A.'t;'T� %, g"I? -.I?' :"*. Co./Dept. ?'� � Co. Air O •` .•••'`•....�"'rr. 4. Phone r � r. 4.;iPt•o,e♦ �:7F p" Fax r JCi / Z . S . 4"^2« -t' _ ,r .Y_.�6t{1 MJ 'St..��. i. 1 Il • +l •-� fi,',•- .., . -,�,.a. R ' 1.2i+ s!.7c i �t.(„,iloe •. 1 .t• y. . -t .. y�r,]� '.�j7l,"•tY' ^' ,✓( yy ro' R ':'Y"t- ,,i{,7T s. ,it:,•r•K, Y'• . ,444 •r.'T•K•L�'• !,•.'!'z -w g•• '•• .pli*, !'n:,,h,.,+' y •.„ iLfv....RA0., . loo • . r A • Viruna's Economy We • ,.; - and ] }yyA ; ' Historic Preseriation: ~ , ,trt�� . ' "� The Impact of Preservation �- r, HV. fz -R = :y . on Jobs , Business 6 . "7: . ....... tip-t ar ~." • Y-` and CommunityN ~ :ti,3 ."''''-. ' - '•...�'y4-• a..•..�` `::`!7F•arw�;. * f1••.• •ti..e,•;,,••' ii•; ..1 `" .....r a. .: ,....if.+y1T, i `il •, . .i•. .0..,,s..." _,.:t's...... .M, '{l ;,..4 ,_• x•r; r!.. 0'♦ ,: •Y - 4Jy, �t7 y.;: qt f, "•'r•�`�,1,0;7z\ .l'Y.'•'t - 1- •f' i 3 a �l,y; %•f M••. "T•.. , `. "' Sly a r•'�, '► r44�.' s1• {•C;l�s � .:.. ?.f .�o• r. •iF• l fib{ L —a f .• r • y 'p..; yr• • • L'/ ' •1%• ...a-1K.4. - ,. . 7...r•• - vi. •V A' ' id'y 0'4;k- • • ••• , -1 , P,Q,tx $vr.'L '�t,"„ • ` .,,. •r�•�' ► •.- ,iw y5•.. law. -,yam • �, t=�� � "�( 1•.�, a�''?'� • �f+�▪ " •r` � ,'�1, ��,_`• i. tiL 't• �iqt .�. �,t-x>5���'' 9VT r y ••4 r fib!ilr .,,54 ' ;I-le .. „ ',-4/r ;.,M }{., tom 7' .4= *, .. . �, .r • F �F7 i•..,� •,`�„:•. S'd , may.t'- '�r•..l�t T� • �,..._•. `hA 4, . /a. c MJiA' + - `.y ..•. Lw. - M(�.:*: • 'r . J_ ,,.. • r• ,ram. - „ yr. 4 i.rll •, .;? ._ y .. r...,,•. '{^�. .` mhty '7 q -••' _1i, ... . ..,� '�.:,Tl'-' iY ... •(�rii.,r kr• R•... . < r in � ? '` �C t r •-. ' ; 'SL ct.+ -f , 8•'� .,A '!'v . 76..Y. Y, • , 3:. y�• 1•`' ; a P.�. , 4•� •, �. • N ; ,, . 4 .... ..• fll`. '7:+Y4- :•,;V::;,.;' " • . �\. ".1��+r� '� '{iT' ' SZtF"4"N•'Y Z' '' ...:ir:*e....riFeu'2,22....4,1.. .. ,.,_. i * Ifix • -..'-'•""f ,...a," '4'1 lifit..f.S.44 . ' .rq Z• . v r;9 1Qraj{x..`!(i.. ..,.i i- •,611.oN. .,t t'• '. ••1•;i1 • fj5CSII V 1ED JUN g 1996 ptANN 1NG &ZON1 LNG Jun-06-96 01 : 21P P .02 • m PROPERTY %AI.L:ES Across Virginia thousands of historic properties are located in local • Historic Districts. Property owners often ask, "Will being in this • • historic district adversely affect my property's value,"Here is what • we have learned: . From Shockoe Slip in Richmond: "[Bletween 1980 and 1990, the "First, state and federal assessment total made a quantum leap upward by 245 percent,from •' •• $23,135,886 to 858,761,000. Citywide the aggregate value of real designations clearly take • • estate increased by 8.9 percent"The Importance of Historic Preser- no existingvalue from . vation in Downtown Richmond:Shockoe Slip Area, A Case Study. designated properties. From Fredericksburg: `These findings indicate that properties .- I Second, local real estate within Fredericksburg's historic district gained appreciably more • in value over the last 20 years than properties located elsewhere in markets show no . the city."The Economic Benef t.s of Preser_-ing Community Charcc- discernible trend tcwaro ter. Fredericksburg. Virginia Case Study. s:ngling out designated • :-CHANGE IN PROPERTY VALUES — 1987.1995 landmarks as less desirable than similar :�,�.,,,` i,, Commercial undesignated properties." . , Non Historic District 25.2% Property . Y ►••s•`�! . . p Y The Financial Impact of �• ��.A In Staunton Historic Designation • Newtown Historic District 27.7% •quiir"%mi Stuart Historic District ' 44.5% Beverle Historicistrict1�`,56.0% • • Gospel Hill Historic District•,— •".„,,— A— _;,— 69.0% • : ::. :: ,r''`'^�r'`�'� d'\tit : Wharf Historic Di trici _1 I— �— l— _i 256%. Again from Richmond:"The appreciation of renovated historic prop- erties is substantially greater than the appreciation rates for new construction and unrestored historic properties...The per square footage the renovated properties is S21 a square foot greater than that val ofue neofw construction."The Importance of Historic Preset- ' • cation in Downtown Richmond:Franklin Street,A Case Study. And in Staunton where we took a detailed look in the preparation • of this study: Between 1987 and 1995 Staunton residential proper- Jun-06-96 01 : 22P P.03 • • ties not located within a historic distract apprec:ated an average of 51.1 percent -certainly a healthy growth in value. But residential properties in every one of Staunton's historic districts appreciated a: an even faster rate, ranging from 51.9 percent to 66.0 percent over that period. On the commercial side the differences were even more dramatic. Non-historic commerc:al property appreciated on average only S. 'Between 1971 and 1990, percent over the eight-year period.Average rates of appreciation of residential properties in commercial properties in the historic districts ranged from 25.2 percent to an astounding 256.4 percent the historic district increased in value by an i. CHANGER PROPERTY VALUES — 1987-1995 average of 674 percent, :;•_�. ;: vr= Residential while residential '� �„ Non Historic District — 51.1% properties located . ' Property elsewhere in the city in Staunton Newtown Historic District 51.9% increased in value by an "gamcrNts►� Nov average 410 percent. Beverley Historic District 1— 54.2% Commercial property _ I rt inside the district Gospel Hill Historic District - increased by an average ? 480 percent. and Stuart Historic District ;66.0% commercial property �,"s '� 1` outside the district Staunton was chosen because of its five historic districts and ais increased by an average because the excellent computerization of its assessment records al lowed for appropriate analysis. \That was most interesting ahau: 281 percent." the Staunton analysis was the breadth of housing stock that was The cconom;c Benefits of affected. In two of the four histe.ric districts that included residen- tial properties, the average value of a house "S51.543 and $64,69.:. Preserving Community was, in fact, lower than the average value of a Staunton non-his- Character, Fredericksburg, tonic house ($ 1,395:. This further dispels the myth that historc houses are only mansions for the rich. Staunton's historic districts Virginia Case Study not on:y provide quality housing for people cf more modest means, but reward them with faster rates of appreciation as well. Certainly net ever_.' historic district in every community can expect values to climb at these rates. But the claim that historic district designation somehow reduces property values is simply a claim with no basis in fact whatsoever. Increasingly the marketplace recog- • nizes both the short and long term economic value of heritage prop- erties.And this is paying dividends to the owners of Virgin:a's his. toric buildings. Jun-06-96 01 : 24P P _04 • sverage of CONCLUSIONS esidential >preciated 1 Virginia has a history that dates back over 10,000 years to the first 0 percent settlements of Native Americans. Virginians have been involved in preserving that heritage since the 1850s and the pioneering efforts of the Mount Vernon Ladies Association to save George Washington's dramatic. home. When you say 'Virginia" many people think of history It is e only 8.8 our hope that information inVirginia's Economy and Historic Pres p c !ciation of eruation demonstrates that the preservation of our past is critical This furtherdIS el the from 25.2 not only to the Commonwealth's sense of place, but to its economic myth that historic houses health as well. _ are only mansions for the 1995 Historic preservation is not an alternative to economic growth but rich. a key component of it. :jai New businesses and new jobs as part of Virginia's Main Street Pro- rtY I gram represent economic development within the context of his- toric preservation. ton "The renovation of Good jobs and millions of dollars in household incomes are created by the rehabilitation of Virginia's historic buildings. architecturally and • historically significant Visitors coming to see Virginia's vast inventory of historic sites add their dollars to Virginia's economy. structures on Franklin • ." Street and throughout Hundreds of thousands of Virginians make their homes in our older and historic structures -a housing stock that would take billions to Richmond has contributed o. replace. significantly to the Property values of historic properties and within historic districts economic prosperity of arc also often significantly out-perform a community's real estate apprecia the city as weil as l0 the ,cards al- tion rate as a whole,benefiting Virginians of every economic status. fig about special qualities of life that that was The questions should never again be framed, "Historic preserva- make Richmond a unique esiden_ tion or economic growth."Historic preservation is economic growth and it is profiting Virginia's economyeveryday. City." $64,694) g non-his- The Importance of t historic Historic Preservation in districts t means, Downtown Richmond: Franklin Street:A Case in expect Study c district aim with • ce recog- age prop- Ma's his- Jun-06-96 01 : 25P P _05 THURTDAY,OCTOnut2f,ktrn THE ATHM13 OOSTAVL7k • ►ACJL� f���� L-lSf�Preservation raises values' . Dollars added to values,1986-1992 I' v • Protection raises market prices, study says ' rr ___. r ,f ; , ' • 8y P1(II SAfiDLRI�J � MiaawhUe.s'earsuy of Me CEO' testidendal odghbothopds inside erd ;- +.-.-- .• • ' / •.. I • • 'Iad,bomnludaen todlutu that,QQ outside of designated btitotid TOTALS- Delos la as historic district la t despite the tesirretloos of some f dluricts, Clarke County Tat,; - 59,181,498 put fee property value*etcoedlcgt••eommiteiosars,the prswnaloe Commissioner Nancy Dense,raid • . .• t • ' toe study conducted by sane IOW• ordinary*ID pea st the Mamba eere an'confirm the aaadtd firma • interested titiesas promoting tbe:'rowing.with the onderslsedtng It 3 iode:daun bow day wvsrompfed. '. j }finale preservation Ordinance. !hay be aseaodea during 1993.The t 'Chiles:Interested to Materiel. ' •Thar findings were meanie! cow:dates la nadir s unified? i vitiot aid m te e b dam em t yesterday ifter0000 to I public.,govetemsot ebastar•mandated'. bow to a the Tax Dips lecompili •. • • besting !d 'ots tits Historic desdliaa to merge the old city cod and;compendia numbers for propcnid Prewervation Coracles/ea.The area } eim exy laws by the cod Of the yea.r la Make Ca rosy.We also discussed ' . '' t ad,wit b.shared with eoieabwsas Tbene was to old moray permerbo. Ideniifyieg welch would be• • ' • 1 the Athens-Clacks Caaety 41ordinates.to the decision will be recognized a stable residential ' —990,665 -,•, Committiot,eepenid id cote du llwhether td'COW(Si city law Or 6eigbborboads to. ice fog ' . . • . ertetutee of the old dry ordinates•sbotieb It Comparison.Vole did lbt .' ..�.sr..s.r cerawywlda et theft Deeamb.b' ''la la Oct.11 cover liner to the'. ? meethp "1,tag ^'t�pieltte ".btroi sty Lem's..la�y.t'•1ar P7t6S A770 1ON par t i'wM.1t..• r,• , • AVERAGE STREET FAIR MARKET VALUE INCREASE r• Preservation _raises -values • • • FROM 198e.TO 1992 sew r1 •.1, 1 y ' 7 . 0 « I: ..p pat The study also loch:de. a Mittens Moor. said she Is f ..�_ research'praised acid 1 randomly beselyd ere by ash home rte tacb of undecided el this point,bet did I at.eattts ' • • •. ,. retitled their figures for accuracy. the areas.llsting the iectevu is sepias some c cc eci about the j • Based en ale check,I consider the aloe bon 1986 to 1992 by addrrst. ordinance:"A taw scope wrap pipe eotariwtu.ue aeon I I valaa ulitadb betecuratr. •Meanwhile.t TAe Ob wan to ran ova.fills oil raft but I 'I was also asked to peaslde the contacted the• CEO sod the !don t ape putting se many demsods seouew000 toss : I j • ge value of all saddle:dal Co 'akcers So a feel for bow on the people who owl k Mallet us ' nnr roper'es for 1986 and 1992 Ted the rota in December rber w likely go. just have se peas op a louus tba bed i I eniy sours for this Infoneatlo is CEO Owen O'Loonar asp d we can with the money we're gee' • , . the etas of ow digest deolgnated u Cdnlideoae gal week stet the rota Ken lorries old he remains .cot .etas I RI,which also Includes duplexes ad [net EH would be needed,with het ortdeeded ':still want to ciliates t i I ' trtp'exes.The sassy Staling;cis di rote s e the tpecf!c rights of the lodbidtlal ►as w •a'twers • c j I of RI repo-des is Clarke County thus to axta:d the old city property unmet when the des,grodoa ?�^!y' • 1nc:egaad 44 9!percent bargain p. emid m is uotywide. ' Btu proposed. l!ever a Ninon: 3�J i au•eas4e-t' . 1986 and 19921 The feellr of nos Cc nIaaioa as lade n Ordletoes are 1 • The year 1986 was picksd, members wets a:Woos: i- - prtociple.' aw_ w.errawa>rtaaa MR. im r!.1n.d Histotie P: gerveiloo Cardti Kilpatrick la ao HughLopwadhe ean'tmm•nit J on:'time'mambas Roo Erato. •enthusiastic yea:'l tappotted tha •himself cant es per whit 9nd form �J .4,0 f'O ;..• - eevar the Athens Hirano 1i m en Pt :Ice boas here rublenar=tikes.batdine, dlos the I '` r •r,ervaslor Crd!nsaa*sot Into Stun the start 1 think it's hem a red' hey.problems with tsasceodlag, tr v,.err'wont. arccaJen.1,19r. plus.' peesor.al prosiest fights.It's the rS I ' Evens raid that caws wb: 'John Darrow felt lllrwbs:1 plan district concept that's its problem.l "•v'Do I'a• I rmkcd an the study.Sorg wits to vote for extending aka City ortulnly area ace as tttudorea I i .b:rn>ett wet. format Nettling dtdtesna' that deserve to !e designated . s.o,o..w I j Cntrciulon member Wel Field. Qatlsa Caner said in grill note biuerlc•but who you drna.so S t • I . ' Federation of Neighborhood, I . • . entire tree of.,nerd blob as an w000aue e i pterideit tacb Carton,Ise,Athena. Despite concerns about Ute rights Dinette dishier,then you drag to Clarke Rettig, Foundation of tone property owner who wish indl.idsets whO don't roam b a Is =sawn. f. e,main.dinctot Sidle Hackney and to remain out of a dial/Ica Tel end who Iba la homes that do raw V • aamc Hrriugs Foaadal:bx DuVall sal&"Ipirmb.b:y.rail vote foe ben any historic val ..' aourrw • i vvluntacrs. ' exI.sdtag it,aimpiy to mist that Torn Cbatecn said.1 have out•V I• "When..he prexrvsdoo otdi:cues Chinas ms-•fdet�' loudly nude i decision.Bat If It Is ' CL&OP 4 curlers aYICAoa I "r�•'_ was Ors:rrcpnied,eppoeenu aid M.diyo Farmer raid she favors !molly the rid city etnieseev,my I ' f I r( r( •they far er fared t would hurt property 'to ppeioo of'he evmee.din She u position would bee to yo against Sn . r so W rt are ' too tie tef0 tea . see:t.cs.'aidErse's.-Our aody rams Individuals toL tb nerigbtto Una' rewctssr ewesaoea r}awe that I.not oily did tot Rut apt Out but could soil vow yes eyes The Obr was ooab:s to t 41 •� . !Ott",but eat by fee the blgges:.L'thatprovlrbnI.tsee 11,0 add, stoch:ohsTayioe �� incite:es in property values Era t_ been in the Natant risataw.' ' t The study halt p lncreue • perotnrages le felt msrkse oho foe 13 streets on nsigbberboods from. 1966 to 1991 Four of the 13 were historic diaries,the ether II wen sot Arranging the was be order of ' Increase shore the lour deslgoated r 1 blatcric areas to be at the top by a I wide nesrgds I The accompanying see will the study gore on to expiate:'The comparison propenla listed below j todude oxidate]homes only.Aay, spsnmeat complexes.commercial , pesperla.churches.emityleb,as • 4.wa not Included lathe mmparboa.,.. Tie local tad cations{historic„ disrlct areas of Boulevard, • Bloomfield. Hill Street cod ; w woodlan excludes any property oe. she ramo that is eat to teaclo Mato •. 'a District' 1 1 Jun-06-96 01 : 26P P . 06 Nt st,.; �,�:. : �, : ,. Designation of the Ocean Beach Historic District (area south of 6th Street) City Commission Meetings To Discuss: Ocean Beach Historic District, lst Reading-Wed. Jan. 24th 11:00 AM 2nd Reading-Wed. Feb. 7th 5:01 PM. City Commission Chambers, Miami Beach City Hall 1700 Convention Center Drive Benefits of Historic Preservation include... • Current analyses cf owner-occupied Miami Beach residential properties suggest that location within or I ' proximity to a certified historic district produces an increase in sale price, ever though cwner.ecc:.;o ed property does not qualify for Federal rehacili:ation tax credits. This eftec: s a result of the "stabil.zirg" of the surrounding neighborhoods via historic standards. Preimlrary studies show Hat residentially-zoned vacant lots located in Federal historic ds:r,cs attracted a prce premium cf as much as 131%. • A revew of thirty-seven buildings located within Iecaily designated Miami Beach hister:c districts illustrate that gains in sale price premiums range from 17 to 36 percent compared to similar properties located outside of the districts. • New construction approved for the Historic District reinforces and maintains the special character of the neighborhood. Existing buildings in the proposed Ocean Beach Historic District can entce new projects i surrcundlrg the District to be sensitive :o He neighborhood and promote cornoatibie des gns under the C.ty's Design Guidelines that would not affec: :he special character or :he area. • The prestige of living in an historic district is a positive effect of historic district designation. A recent review of real estate buyer opinion illustrates a willingness of upper-end single and multi-family home buyers to pay a greater premium for l;viug in designated historic districts. • Residents of historic districts have the assurance that any future new construction will respect the character that attracted them to the area. Please attend this important meeting and support the designation of Ocean Beach...where Miami Beach was 6orn1 tvtiami Design Prese-vation League Post Office Box 190180 - i Miami Beach, Florida 33119.0180 (305) 672.20'4 .IUN 6 1996 PLANNING & ZONING CITY OF MIA?V11 BEACH MY MAIL MO DIVE wino.WWII rtOa.Ow)aqf What incentives are available to 1 ;_.__ property owners? N • A aubotantial Rehabilitation TIC _- • ----HISTORIC. sr�elif i�wna�6L nn��r Ella inl�rm�1 ,f, PRESERVATION Rc enue code. Federal tax law offers N • a 20%tax credit for the rehabilitation of :� INCENTIVES historic buildings,and a 30%tax credit r. for the rehabilitation of non-historic buildings built before 1936. The credits rn are dollar-for dollar reductions of taxes u awed. The 20% rehabilitation c investment tax ucdit equals 20%of the arrlount spent in acertified rehabilitation =a i ':1. kt of a certified historic structure. The fj i a Et 10%rehabilitation investment tax credit tEamain equals 10% of the amount spent to -.,� ;,..II°1111 '? �ti fII:: rehabilitate a ton-historic building built (� � • 0011 t'�.) ����[�I '''�� before 1936. � �., o For the 20%credit,a building roust • -to �. be listed in the National Register of M �_� de J Historic Places OR be located is a r Cr Can Hotel registered historic district and certified In E •� as beingof historic significance to the o z - 140 Ocean Drive Bn M R�� '7 f Desigacd by Hairy Hobauser, 1939 district. The "siructttre" must be a t�� buitding..not abridge,ship,railroad tar, blustration by Richard Rickks ' darn or any other kind of structure. For the 10% credit, a building must have been built before 1936. z For both credits, the building omust be income-predating.* N Planning.Dcsigo&Historic Pycse vaiian Division co. Planning. •Progro f im ijeca to cki i g, without ones. Z Applicants insist cc.il Y I4p+apriait entityrtsivoestiik Z for administering Air progra.s. Q n_ • The South Florida BttiWing Code • Ristarie ,preservation cams may be property does not qualify for Federal provides relief from certain aspects of available to property owners to rehabilitation tax credits. This effect is the building code for designated preserve, . rehabilitate or restore the result of the *stabilizing" of the . buildings,' witch are reviewed by the • residential structures of historic value, • surrounding neighborhoods via historic D appropriate Boards. Based upon The loans are available from FHA standards. Preliminary studies show • inspection of the stnecture,alternatives ' (Federal Housing Administration)- that residentially-zoned vacant lots z can be discussed to assist"contributing" insured, private financial institutions located in Federal historic districts `6.-) co buildings in accommodating new under the Title I Home Improvement attract a price premium as much as • structural Ind ADA (American Loan Program of the National Housing 131%. o Disabilities Act}regulations.• Act.; - • A review of thirty-seven buildings • m • State of Florida Historic Preservation • Technical support such as preservation located within locally designated Miami Division HistoricalReioarbss Grants • guidance in relation to rehabilitation of Beach historic districts illustrates that in .Aid_may .be Tavailable..:.from.. the . .. - _ - � builds in-historic di t ;; 'gains in awk reeQiams -n buildings stctcts;•gran Pr.oe,P mute c, Florida.Sec'rctary of States office for from 17 to 36percent comparedx inforztiittion and archival resources are to 'eligible locally designated- historic similar properties rties located outside of w available from the City's Planning, Pe o properties. The State may transfer grantthe districts. U' funds to public and private to Design and Historic Preservation w Division,as:well as:frokCal,state and acquire or dedeloplrehabilitate historic m k • New construction in historic cn national ireservacion organizations. approvedv, properties. Selection`of properties is districts reinforces and maintains the •determined by`'the`` State 'Advisory • special character of the An incentive.which::is'currently being ' 'Council in consultation'-with the State h neighborhood. Existing buildings in examined.bl' the City.:adiiinistration, Historic Preservation t3tliix' proposed historic districts can entice and may be available ip the near future new surroundingprojects to be sensitive is 'relaxed parking requirements. In consultation" with. *die . appropriate to the neighborhood and promote Boards, simple parking allowances for compatible designs under the City's c-I Fat FURTHER INFORMATION existing buildings within the proposed Design Guidelines that would not D CONTACT: historic districts may be grated as a adversely affect the special character of lklismi_ zoning incentive by the City and would the area. °� : ate. °r provide for feasible;,&peat', rehabilitation o, ▪ <: I700ConveaniCa rtDria 2ndHone projects with parking requirements not • The prestige of living in an historic Mina Body FL 33139 00)073-7350 unlike those in the existing"Art Deco" structure or historic district is a positive ,--, it District.* - effect of historic designation. A recent '-' ui°" Pa a�I�imo review of real estate buyer opinion rn Mn : 1Z 33t1 !so illustrates • • • • • u of upper-end ▪.. ...▪ ... .. ...... . �Jn iTt77is es �aaanil�_b one buyer s `' historicdistrict or iRdtvidera!°�Fbtiaxworic Preparation Office to pay r greater premium for living i; :::•:•: _ • historic aes g aYror = -_ - --_ deaigaatedl �stortc structures or . c,d :::.. . .i• e. oi ...•.•,...::.:• rFloridatocidarxsv�-axw districts. CA > «iaa la Iaca*ivu,National vent • Current analyses of owner-occupied • rs Sprit;Strati,sa R Miami Beach residential properties • Residents of historic districts have the 'f' Atkins,GA 30303 suggest that location within or assurance that any future new ,:i..":::::;K:i:X: Preservation Anisunice Division,National ,: : proximity to a certified historic construction will respect the PO,Don37ar.w.gi gko.D.C.20013. district prod3-n increase in sale character that attracted t_ to the price, even Mt owner oecunied area. 06/05,'1996 10:58 407275322E `A3.. 01 PRICE A. PA`I`TON 1020 TAMARIND ROAD DELR.AY BEACH FLORIDA,33483 June 6_ 1996 To: Chairman Jon Vaughn and Members of the Historic Preservation Board From: Price A. Patton, 1020 Tamarind Road Please be advised that I received the notice of the Public Hearing on the proposed South Ocean Boulevard Historic District yesterday and I firmly endorse the creation of this district. As a property holder and tax payer here in Seagate, I recognize the tremendous loss we have experienced in the recent destruction of historic structures here. Please take this first step in reversing this trend and allow Delray Beach to maintain its "village by the sea." character. [would be happy to have my Street,Tamarind Road, studied as an historic district at some point in the near future. Si aft 1� Price A. Patton CC: Mayor Jay Alperin and Members of the f3'etray Beach City Commission Patricia Cayce, Historic Preservation Planner RICER/ED ,SUN 6 1996 PLANNING & ZONING FortLo.uder-do. I eH i =_.r.or i co. I 3 0546=44 34 F . el T02-(17 IL-Ar,1_,R)IETZkill ElESIrSL .:111 (1..7k` LL „..zo,lliqi, Li )..c 219 SOUTHWEST SECOND AVENUE• P.O. BOX 14043•FORT LAUDERDALE,FL 33:302•(951. 463-4431 June 3, 1996 Mr. Jon Vaughn, Chairman Delray Beach Preservation Board City Hall 100 N.W. First Avenue Delray Beach,Florida 33444 Dear 1 Vau hn: I am writing to convey the support of this organization for the creation of the South Ocean Boulevard Historic District in Delray Beach. Too many of South Florida's historic structures already have been lost, This is particularly true on or near the beachfront. Historic districts are.a proven method of presen ing the tangible elements of our past. Fort Lauderdale's two historic districts,for example, have not only protected numerous landmarks against unnecessary destruction, but also have been the catalyst for economic development. Furthermore,the retention of the Unique character of the past sustains the quality of life in our rapidly-developing region and makes South Florida more attractive to our many visitors. The creation of the South Ocean Boulevard Historic District is an action that will benefit Delray Beach. efeTy;) / s, Daniel T. Hobby JCtII VEEID Executive Director cc: Mayor Jay Alperin JUN 6 1996 City Manager David Harden PLANNING &ZONING � k" .. sA F Ya `] ,p , ' i{l4iP7.r.;,'.; P1.? R. . ' 4 F.."t k { ,4 , r j�,. L T"4 q6 .... _-- .J: v?� c ' -1}�`14 N qq5s�t 5,.r ,4,1`'.F�f 1 rC' {: v.. ..q-_ ,{!� {{ '1 ...r _< b . t Ai a?.: It. . ,: ,'0a,I�u•,,}ol•rF r„� 1_ .,�L�+.bt r11 �}ifil?1 ".a-4 ,. ._-r.. e, �..k.. »..�.a.._It:. `Yr.o,...:F, ,i�'Rt° .. __. :. - «_ i -&v,-- ).-1. ...'..:-..._ ie.. al.:y.:.te .',a-;.:n .Cit.wk—t ion = l Aitibiis 'Research • I}rf_`.s '•rvatit311 2B THE PALM BEACH POST WEDNESDAY, MAY 29, 1996 s • • Preservationists back, - rhistoricowner ea s tag By ANNE L. BOLES faces, Datura and Narcissus, the Palm Beach Post Staff Writer arcade was designed in 1925 with WEST PALM BEACH — For storefronts and a grand entrance the first time, historic preserva- on Datura Street, city staff told the tionists are recommending a his- preservation board. toric tag against a property own- But that entrance is gone, part er's wishes. of the building is covered with a The ornate, flowery facade on modern metal grate and the ar- Fidelity Federal Savings Bank's cade's interior is now storage downtown building is prized by space, said Sherry Anderson, an Mayor Nancy Graham. But ex- architectural historian hired by the perts hired by the thrift told the thrift. city's Historic Preservation Board Fidelity Federal owns most of Tuesday that it is too badly de- that block and hopes to sell it to,a faced to deserve listing in either developer. But its plans for the local or national historic regis- 275,000 square feet of office and ters. hotel space were filed on the eve The board voted 5-1 to recom- of a March 12 referendum, when mend listing the property on the voters chose to limit waterfront local register, pending city com- building heights to 15 stories. missioners' approval. The thrift opposes the historic The thrift filed plans to erect tag because it would make it more twin 15-story towers on Narcissus difficult to change the building, Avenue between Datura and said the bank's attorney, .Ronald Evernia streets. That would re- Kolins. Kolins urged the board to quire demolishing the building, reject the city's petition, saying it once known as the Da-Na-Ra Ar- wasn't the last or best example of cade. Mediterranean revival architec- Named for the two streets it ture. pcsam JUN 3 1996 PLANNING & ZONING �-:22A ' THE PALM BEACH POST SATURDAY,MAY 25, 1996 s The Palm Beach Post • TOM GIUFFRIDA,Publisher EDWARD SEARS,Editor LON DANIELSON,General Manager TOM O'HARA,Managing Editor RANDY SCHULTZ,Editor of the Editorial Page ' JAN TUCKWOOD,Associate Editor ALAN FERGUSON,VP Advertising LARRY SIEDLIK,VP&Treasurer GALE HOWDEN,Director, Community Relations TOM HIGHFIELD,VP Circulation LINDA MURPHY,Director,Human Resources • KEN WALTERS,Director,Marketing and Research • Vote onScott property rebuff to speculators or now, people who had been worrying that the Palm Beach The owner may sue County Commission would open the Agricultural Reserve for develop- Palm Beach County ment can worry less about the commis- sion and more about the courts. under the misguided Last week,the commission voted 6- property-rights act. 0, with Carol Roberts absent, to deny a change in the county's long-range plan that would have allowed J.Clinton Scott : to build too many houses on property house for every 10 acres. he owns in the Ag Reserve. Mr. Scott The Ag Reserve is 20,500 acres of says he will challenge the county's farmland between Lantana and Clint decision using a 1995 state law requir- Moore roads west of Florida's Turn- ing that property owners be compensat- - pike. If the county commission had let ed when governmental decisions lower Mr. Scott put 358 houses.on his 120 the value of their land. acres —instead of the maximum 119 A court fight could be messy. The under current rules — other property misguided law—the Bert Harris Prop- owners in the reserve would have de- erty Rights Act — is new and vague. manded the same thing. In addition to • Not only is there no case law on the the sheer annoyance of added crowding, subject, every little nuance will have to taxpayers would have had to spend be litigated. For the next decade or several hundred million dollars to subsi- longer, local governments will have to dize schools and other services that • spend millions defending.growth man- would be required. • agement rules from land speculators. The unanimous vote against in- :, • Too bad lawmakers decided to put that creased Ag Reserve development was financial burden on taxpayers. welcome and surprising. Commission- Palm Beach County will argue first ers have been under pressure from that the law doesn't even apply in this developers — who usually also are case. If the law is found to apply, the heavy contributors—to give in. county will argue that the commission If Mr. Scott notifies the county that hasn't done anything since the law went he intends to sue, the law sets aside a into effect to reduce the value of Mr. six-month period for negotiations. But .Scott's property. That argument is the county doesn't haye room to com- sound.If anything,the county increased promise. Commissioners should stick the value last year by allowing one with their decision and force Mr. Scott house for every 5 acres instead of one to try his luck in court. 60 t1 HOW NAN � �`' ,T C K T STAYS N) NTU K ET he price of an island is eternal vigilance," said Walter Beinecke Green Stale s (S&H Stamps) , whose preservation efforts in the '60s result- ed in the rigorous codes stipulating that buildings be covered with gray shingles, colors of doors be restricted a1i high-rises be banned. Preservation groups aided by a 2 percent tax on every land sale are also on the watch , working to increase the island's protected land from 42 percent to more than 50 percent. liven so, there's gn-eat debate about the builch.g boom, the crowc.s in town, beach use and, especiall\; the enormous trophy houses that don't 5t the island's aesthetic_ "Those who dislike Nantucket leave it," explains Hammie I Ieard. "Those who love it stay and work to keep it wonderful" For more 111 for1'11ation, contact the Nantucket island C11a111 Commerce at (5O8) 228- 1700. .: 1VZO MAY 31 1996 -Ja--)An*_ ,PLANNING & ZONiNG zn hz'=�7a 733 =7S z 1i �`,�7,:.17y7=v1, zoo r, • i'--.. .- • `.,t* '1:4. j iIi . ..- ... • • • ,..• .• 4- _,r?11,,Z0 MAY Si IL;il ' PLANNING et ZONING �� . f .49 E if W. W • /i-- - 42--(--C---'/ • .:. - I : :• '.-•,1. _eZ6-2.--t-f 2 , J „4t Y • • Nedra Pickard H. Anargyros 2503 Clay Street San Francisco, CA 94115 May 29, 1996 Mr. John Vaughn, Chairman Delray Beach Preservation Board 100 N.W. First Avenue Delray Beach, Florida 33444 Dear Mr. Vaughn, I have s sent may, many winters of my life in Delray, starting in the 1920's when my grandmother .�"l'�"i�e Pickard cottage on Salina Avenue, behind what is now Boston's. I also attended school, which is now Old School Square. For the past several years, I stay the month of May in the small Inn overlooking your city beach and beautiful Atlantic Ocean. I was very distressed during this visit, to hear about the destruction of one historic house, south of Seagate, and the possibility of losing even more in the future. I urge the city leaders to preserve this area and many other historic structures east of the waterway. I commend you on your preservation efforts west of the waterway and hope you will continue with vigilance. Delray is fortunate to have a history, charm and unique architecture that many South Florida towns envy. This draws people here consciously or unconsciously. You will be wise to capitalize on these wonderful attributes. Very truly yours, aft,--.-71 '1" Nedra Anargyros cc: Mayor Jay Alperin City Commissioners Members of Preservation Board V • PRIVATE INVESTIGATIVE AGENCY 38 SOUTH SWINTON AVENUE DELRAY BEACH, FLORIDA 33444 .9e. z1 May 30 , 1996 (407)278-9565 Virginia Snyder West Palm Beach(407)734-3111 K.ppWaynee Campbell Fax(407)243-2635 S11ec-✓iYiadlN.eil Ross S.Snyder Chairman John Vaughn Historic Preservation Board Members City Hall 100 N. W. First Avenue Delray Beach, FL 33444 Dear Board: We strongly support the effort to preserve the beach area' s historic homes , especially those on the east side of South Ocean Boulevard just south of the Seagate Club. If we are truly concerned about preserving our "village-by-the- seal' atmosphere, we should make more of an effort to preserve ALL of our older buildings. "Castles" such as those being built now on South Ocean Boule- vard by Frank McKinney are not in keeping with Delray Beach' s past image or it' s plans for the future, in my opinion. Sincerely, Virginia Snyder cc: Mayor and Commissioners City Manager David Harden tom\ SINCE 1976 J. �s -s -"P ��tc- ro„� � .�y Glzspuf lam Po Bt+X 1 G I • ` 1 . 1(QS1I v�;2947 1�:� AI. . 4 "� • O G M ro 5 22 MAY ci 1T` /996 Zia"' L—i. ' r``* ) 2'/4 &ed/762, plcsavED i ige....40.-(4MAY 28 1996 � fe 6 11 � PLANNING &ZONING L' ' 3 `mac/-cr-- I„{l,,,ll„I„I,It,i,i„1„1,1,11„I,I„I„1,11„til„,I„.11 WIBRIDLLLIAMES T. . BF ARMLACK KESWICK, VIRGINIA 22947 Q;) pf MAY 28 1996 1eL° (.22- /,d PLANNING & ZGNIN• r,, 4,44, /27 ; 4-ef 9 J( % & !� • 1/e,t-eap' g , mit-e d MRS. JAMES G. ALFRING 701 SOUTH OCEAN BOULEVARD DELRAY BEACH, FL 33483-6635 May 17, 1996 Ms. Patricia Cayce City of Delray Beach Historic Preservation Board 100 N.W. 1st Ave. Delray Beach, FL 33444 Dear Ms. Cayce: I am the owner of the property at 701 South Ocean Boulevard, which my husband and I purchased in 1963 and where we have been living since that time. Our house is one of the four remaining houses in the proposed Historic District. I understand that the owners of three remaining houses are opposed to the inclusion of their properties in the proposed Historic District. And, by this letter I want to advise you and the Board that I am strongly opposed to the inclusion of my property in the District. About three years ago my late husband and I became concerned about the development along the ocean front and suggested to representatives of the Historic Board that appropriate action be taken to preserve the character of the beach property as it was at that time. No action was taken. Since then the property (611 South Ocean Boulevard) immediately to the north of my property has been sold and a large new residence is in the process of construction. Also the residence, formerly 601 South Ocean Boulevard, was sold and the house torn down. From my standpoint the damage has been done and this section of the beach has little or no historic significance. In view of these developments, I am opposed to the creation of a Historic District and believe that the Zoning Commission of Delray Beach should provide my property with adequate protection. Sincerely yours, (-RS-°- Mary Ella Alfring CIIVD cc: Members of Historic Board MAY 22 19% Mayor Jay Alperin PLANNING &ZONING l names G. Alfring `! BE4 701 South Ocean Boulevard Delray Beach, FL 33483-6635 i 20MY cu Ms. Patricia Cayce City of Delray Beach RECEIVED Historic Preservation Board 100 N.W. 1st Ave. MAY 22 1996 Delray Beach, FL 33444 PLANNING & ZONING �!SII!!!'IlFI!!IlI13I!I!7�I!�!I' • - GEORGE H. JACOBUS 921 SOUTH OCEAN BOULEVARD DELRAY BEACH, FLORIDA 33483 May 17, 1996 • ,i Ms. Debora Turner Oster F'? 277 Southeast 4th Avenue )7 Delray Beach, Florida 33483 Dear Ms. Oster: I am writing to protest the proposed designation of a part of my neighborhood as a Historic Preservation District. I understand there will be a public meeting convened on June 19 to discuss this. • Why has there been no formal official notice of this meeting? Why is the meeting scheduled for June 19th when the majority of affected property owners have left Delray for the summer? ? I was present at a similar meeting about two years ago at the Seagate Club when this proposal was met with strong opposition. Why has this hare-brained scheme been revived? Our neighborhood is not historic since most houses were built after World War II. It does not need preservation because all home-owners keep their property in top condition including landscaping. But the neighborhood is undergoing a transition to larger and more modern homes. Is this the cause for the rejuvenation of the Historic district idea? Is it a subterfuge to by-pass #f the building and zoning laws that are in place and have been for years? My lawyers have advised me of a Supreme Court decision that found that property owners damaged by governmental taking of their property by regulation must be compensated for any loss of value by the governmental body involved. If the information I have received is accurate, this so-called Historic District would severely damage my property values and I and my neighbors would seek monetary redress. p3CIEIVED MAY 21 1996 • PLANNING &ZONING *. `\ r \ \»\/ Finally, the aura of secrecy surrounding this proposed move by the Historic Preservation Board seems to hint tatt ere }/ \ are motives individuals y other than historic. If this is the case, individuals on these Boards could be personally liable / : ' . for damages to the value of my property. \ ; Please respond to me by letter at 921 South Ocean Boulevard, Delray or by phone at 2 2-381. Sincerely, \«\ GHJ:cp \ \ \ d\) • ; • ., � . \ | � ^\\\ <� . // �/ . \ CWJED DEVITT, THISTLE & DEVITT, P.A. MAY 17 1996 ATTORNEYS AT LAW ZONING 30 SOUTHEAST 4T,AVENUE PLANNING DELRAY BEACH, FLORIDA 33483 Established in 1923 FRED B. DEVITT, JR.' RHEA WHITLEY (1 903-1 968) J. JEFFREY THISTLE TELEPHONE(407) 276-7436 C. Y. BYRD (1900-1985) FRED B. DEVITT, III FACSIMILE(407) 276-7522 GEORGE A. RUSZAT 'ALSO ADMITTED IN VIRGINIA CERTIFIED FINANCIAL PLANNER TO: Historic Preservation Board: John Vaughan, Chairman; Julie Morgan, John Johnson, Debra Turner, Susan Hurlburt, Pat Golembe, and Vera Farrington FROM: Fred B. Devitt, Jr. DATE: May 15, 1996 RE: Proposed Historic District Dear Board Members: I attended the "emergency" meeting at City Hall on February 3 , 1996 , at 6 : 00 p .m. wherein the Historic Preservation Board considered the request to declare the six homesites south of the Seagate Club a new historic district. I live a few houses south of the proposed district and I am opposed to its creation because it is apparent it is the first step in attempting to march southward with the same economically devastating concept. I believe you are going to find that all of the property owners on the Ocean with single family homes will be writing and objecting to the creation for various reasons which they will specify. Enclosed for your information is an article from the Wall Street Journal dated October 26, 1995 concerning property rights in Florida and a copy of the Florida Bar Journal October 1995 article also addressing the new private property rights law. I encourage you to read and become familiar with this as this proposed plan proceeds. Very truly yours, DEV TT ,, THIS'-L' & DEVITT, P.A. - 1 \-119- 9-/fr `Fred B. Devitt, Jr. FBDjr/sw Enclosures DEVITT, THISTLE & DEVITT, P.A. t• ^1 U.S " ST:�"'_* ATTORNEYS AT LAW j _ 30 SOUTHEAST 4T�AVENUE iniDELRAY BEACH, FLORIDA 33483 METER ;•',/DC it FL HISTORIC PRESERVATION BOARD 100 N.W. 1ST AVENUE pcEllvEr, DELRAY BEACH FL 33444 MAY 17 1996 PLANNING &ZONING t i l ; • Growing Presence �� companies are ORIDA jouRNAL in South Flory New • • CityPlannersScrambhngforCover, . . . By PETER MITCHELL Staff I epOTLCrOJTHE WALL STREET JOURNAL • Florida's new property-rights law is How the Law Works - . only 25 days old.But its impact is already A look at Florida's new property-rights law: evident in cities and counties throughout Government passes a maybe ordered later to 0 If no settlement is the state, • new regulation,such as a Consider: height restriction a pay the government's reached,the landowner •In Fort Lauderdale,the law has made stricter zoning code. attorney fees.) can bring the case to cir Christopher Wren, the city's manager of """' cute court. planning and zoning,reluctant to endorse ©If the new rule impos- f a neighborhood association's request to re- es an"inordinate burden" 80 Once the case is in cir strict commercial development. He is on how a property is being cuit court,a jury must de afraid the law—which makes it easier for used or on a"vested right �'• _` tide what the landowner landowners to receive compensation for to a specific use"of the �'P). should be paid. regulations that restrict the use of their property,a landowner must _,lei_ l\ .. 4 \property—could land the city in court. be compensated for that. � j The new law, Mr. Wren says,-"has handcuffed me from doing what I consider Within a year after the . ' ' ' _- 0 ' �''�� proper planning." regulation affects the prop- • •Palm Beach County officials have erty,a landowner who �L b 1 away from a plan that would havet\ I. ed open space in some farm areas,. present a written to must f Il _ IIlI� C_/ •iliiiiiii•getable farmers complained that the government entity ' 0 • reduced the value of their proper involved. �� Phi ,Irl IGriri.tlli]Ities. JI: li l •In Deland, a historic-preservation 0 The government has 1' �� • �� \, board put off plans for a new historic dis @ -'9:- :11;:: :: ' six months to reach a . -' � trict after a city attorney warned the board settlement with the .� •ki w N. • that the plans could trigger a property- landowner or back ' rights lawsuit. ' �:;;.,.�i r off the new rule. - ` �.�. ...... "I don't think there's any question local I U L a' . '%1 governments have become more careful Landowners who �Wl�lc , turn down an offer '` w�wit. • ��`• about their actions and taken into account ~� ,--a=`—• 'r •, a.'i ' that would have ,���� _�=• _L;:'•. the property-rights" law, says Robert settled their claim Rhodes,a partner in the Tallahassee office l of Steel Hector&Davis who helped draft CHHISTOPHE VOMIT i the e el on which the wn w law is draftased. "The dark side of this thing is not reallygl what Ithe act] says, but how people are dory d the compromise as owners.But a waytto avoid '' "The staffs are really dealing with the bastardizingit," of property implications as they work up ordi complains Richard more Draconian measures being Grosso, a lawyer for 1,000 Friends of by the increasingly popular l nances." pushed Just as Planned Florida,a Tallahassee based environmen 'rights movement,such as having the new Proponents, of course, say this is pre- ta1So what does the law say? act cover regulations already in place.cisely what the law is supposed to do—force It essentially extends the rights of prop- common government efforts as building e What's more, the law excluded such local officials to consider the cost of their erty owners to be compensated for govern- roads,preventing a public nuisance or bar- e decisions in the private sector_ ment regulations.Landowners have tradi- ring noxious uses of. "I think it's good they're doing this tionally been paid when government takes ated a lengthy property.And it inaking a analysis,"says Wade Hopping,a Tallahas- away their property. But the property- claim—one that forces governments and see lawyer who represents business inter- rights act,fashioned this spring as a com- landowners into negotiations that can last ests on environmental issues and helped promise between business and environ- six months and penalize either side if they draft the property-rights act,known as the mental groups, requires governments to don't accept reasonable offers to settle. T Private Property Rights Protection Act."A compensate landowners who still can use Precisely how much a local government 1' number of local governments were getting their property, but bear such an "inordi- would owe a landowner under the law is a A• ) a little cavalier,and I think this is kind of nate burden"of a new regulation that their big unknown. Local planners would first . s giving them a reality check." But others are dismayed,insisting that property al government officials and environ- fected by a particular decision, and then r have to figure out which landowners are af- local (( is are running scared,making mentalists argued the law might stifle get an appraisal of how much property 'T3 decisions out of an overblown needed regulation as strapped localities value would be lost—a fear sued. I ldudlee wuLy.- . - - shied away from the expense of compen- step no city has ci F Please Turn to Page F3,Col umn t i , FLORIDA JOURNAL • W)rOPe/ Lain Has Planners • 1 Continued From Page Fl • After receiving a request to change the in meanwhile, and single family homes. value would be lost—a step no city has zoning of one piece of property from light Meanwhile, in Broward County, a taken yet. industrial to a mix of residential and corn lawyers plan to review a draft overhaul of And clearly,many cities don't want to. mercial uses, th•ey decided to consider a the residential zoning code to spot where The situation in Palm Beach County is similar change across a wider area near landowners might have a claim under the i illustrative. the county's southern extreme, new act. While legislators in Tallahassee were But in neighborhood meetings and in. "If we encounter something that•may debating property rights, Palm Beach their own strategy sessions over the sum be•a potential problem, that's something county commissioners had been working mer,county planners decided that some of we may consider not going ahead with,"• on a plan to preserve open space in a farm their ideas—such as expanding residential says Soraya Kasper, an assistant county ing area east of the Everglades known as zoning—"were not totally viable because attorney. •! the Agriculture Reserve.It was to be a two- of property rights,"says Carol Clarke,the • pronged approach:The county would first coanty's director of planning,permitting A Long Wait lower the allowable number of homes per and inspections.They are currently pursu And on Florida's west coast,Charlotte acre,from one for every acre of land to one ing a more modest approach. County Commissioner Max Farrell is back i for every five acres. It would then pay a You're afraid to do anything because ing away from any tighter zoning restric-, lump sum to farmers who agreed not to any changes, even positive changes,will lions. "Down zoning before the property- build at all. cost you,because it may have an adverse rights act had some question marks by it," t But several vegetable farmers,who are impact on a few,"says Mark Barnebey,a he says.`'But with the property-rights act, the region's biggest landowners, felt the senior assistant county attorney in Mana it's gotten to a point where I won't vote to plan would shortchange them. The new tee."With your major rules,you may end do it until some of this is sorted out." building restrictions Given the lengthy they argued,would di- dispute process built minish their property RECISELY HOW CH A LOCAL, government >' values. ; "This was a per ... . »R- •*••• ••• take sac .b And into ,• could feet exam le of what a that has a er of P would owe a landowner under the law is citizens,such as Sims county ought not to be . ,,,,,,; •,,, , „ ,-,,': Kline,disappointed.able to do to its•rem '' '< dents," says Gary a big unknown Local planners would first.have Mr. Kline, a li Brandenburg, a Delon n who chairs lawyer who rep '' "' "" Deland's Historic P ` !wed the landown t o figure flat which landowners are affected by a reservation Board, "The county was ••� ••� •.•« .,.. has drea►xpa for • .« years of expanding mining to take go away particular decision, and then get an a ' racisal city's historic- peo le's p y pp the rights without paying "' ............. ' ""'• • �� •••• . •» protection efforts them fair value." of how much property value•would be lost--a ' n ei gh e b of on rh o aes t Nevertheless, the • „r ,,,•, argument went " where stately Victo- nowhere—at first step no city has.taken yet Tian homes already Then,after Gov.Law- are on the National • ton Chiles signed the Register of Historic new property-rights law in May,assistant up bronzing your code essentially." Places. county attorney Bob Banks wrote a legal One of the reasons local planners are so But Deland r city attorney, suit, the opinion warning commissioners that the cautious is that the law is va e.For the potential of a property rights lawsuit, e the county's plan might trigger a demand for act to be invoked,a new government re suadedmme the preservation board over compensation under the new law, poten- lotion must impose an "inordinate bur summer to abandon,at least for now,plans tially putting the county on the hook for an den"on the property owner.What's an in- for a new historic district that would have expensive lawsuit or millions of dollars in ordinate burden? The bill outlines some imposed restrictions on renovations by damages.(Although the law didn't take of criteria for that, but even la homeowners. feet until Oct.1,it applies to local develo wyers who The city's attorney doesn't think offf- mentmiles Pass after May 11,the daythe worked on the act say the defiAition will dais have much choice. If the board had P Y have to be decided by the courts.And until moved ahead and been sued under the act, Legislature adjourned.) that happens,the safest approach is to as- By summer,county commissioners,cit same the worst. legal costs could have reached 510,000 to ing the potential lawsuits, were negotiat- So although Mr. Arline of the Depart $ave been0,he says.And a loss in court would ing a new deal with the farmers. Whathave much costlier. emerged last month—and is still awaitin ment of Community Affairs thinks the The result, Mr. Kline says, is that he state a royal—was a lan that left the old farmers in Palm Beach County would be can't win support to even begin drafting a PP P unable to prove their case,Mr.Banks,the zoning almost entirely intact,a concession proposed ordinance."We are in a period of assistant county attorney,isn't so sure. some drift here,"he says. some say was unnecessary. "Given the uncharted law that it is, Fears in Manatee when you're advising the board,You can't Ironically, almost lost in the sound of "I tried to talk the county attorney out give the recommendation that this isn'tgo- city planners running away from their of it," says Terrell Arline, an assistant ing to effect them at all,"Mr.Ban...a plans is a complaint from landowners:Tgo general counsel at the Department of Corn- Others agree, and are urging caution. farI en eghghts act, they say, doesn't go munity Affairs, which reviews local Plan-. In Hollywood, Planning Director Jud "The new statute is illusory," says • fling decisions under Florida's growth- Kurlancheek is telling the city's citizen ad Mar Sachs, a Tampa lawyer who works management laws. "But he couldn't give viso�y panels,some of which are currently exclusively for landowners. "The me- is • a 100% guarantee that they re-evaluating Hollywood's land-planning nism for challenging.new regulations is iiii t get sued." rules,not to recommend such new restric very cumbersome.)thnk it's a crack in the . It fears have also haunted planners lions as lower height limits on high-rises or armor, not any great shakes for property in Manatee County. wider buffers between apartment build rights." • ' , ice• Florida's New La w to Protect PrivateProperty Rights by David L. Powell, Robert M. Rhodes, and Dan R. Stengle 0 n May 18 Governor growth management programs. The Study Commission II.4 It proposed new Lawton Chiles signed law protects landowners against some nonlitigation remedies for landowners,5 into law landmark legis- regulatory actions which do not rise to but its recommendations were not acted lationl which creates a the level of a taking, but it is more on by the legislature in 1994. Instead, new cause of action to provide judicial limited in scope than the property a citizen's initiative campaign proposed relief for landowners who suffer a ma- rights legislation considered in Florida a private property rights amendment jor restriction on the use of their land. in recent years. Perhaps most impor- to the Florida Constitution, but it was The law capped three years of con- tantly, it signals a change in the way removed from the ballot by the Florida tentious debate over proposed legis- government will do business with land- Supreme Court.6 lation and constitutional amendments owners. It is a balanced, measured Thus, at the start of the 1995 Regu- to give landowners protection beyond response to a pressing and emotional lar Session, lawmakers had several the existing constitutional guarantee issue. property rights measures before them. against private property being taken The public policy argument over pri- Believing these measures did not strike for public use without just compensa- vate property rights has been sim- a reasonable balance, Governor Chiles tion.2 The new statute has stirred fears mering for years, but it was only in decided to prepare his own proposal. it will empty the public purse and roll 1993 that lawmakers considered the He directed Secretary Linda Loomis back decades of work to protect the matter ripe for action. The legislature Shelley of the Department of Commu- environment and manage growth, as passed a bill to set up a Study Commis- nity Affairs to convene an ad hoc work- well as concerns it will completely fail sion on Inverse Condemnation to re- ing group to draft a consensus property to protect landowners confronted by a view landowner remedies when gov- rights measure. The working group steady accumulation of regulatory pro- ernment action restricts the use of land was composed of representatives from grams. but does not amount to a taking.3 local government,landowners,citizens In reality,it will do neither.The new Governor Chiles vetoed the bill be- groups, and other constituencies. It law grants important new rights and cause he said it was tilted too far met through most of the 1995 Regular remedies to landowners while pro- toward private interests and instead Session. With only one significant tecting existing environmental and set up the Governor's Property Rights change by lawmakers,7 the bill drafted 12 THE FLORIDA BAR JOURNAUOCTOBER 1995 s. • by this working group was enacted utes.A variety of statutes create sucf,,, with only one dissenting vote. The Harris Act rights. Among them are provisions in the Local Government Comprehensive New Judicial Remedy creates a new cause Planning and Land Development Regu- The cause of action is created by the o action to rov ide lation Act,"the Florida Environmental Bert J. Harris, Jr., Private Property f p Land and Water Management Act, Rights Protection Act,8 named after compensation to a the statute creating the surface water the Highlands County legislator who landowner whenthemanagement regulatory program,20 and has championed property rights legis- the statute creating the coastal con- lation for years. The Harris Act seeks actions of a struction control line program.21 Local to provide compensation to a landowner government vesting provisions are not when the actions of a governmental governmental entity covered by the Harris Act unless they entity impose an "inordinate burden" impose an implement a particular state statute. on his or her real property. It is in- «. �� For example, local government con- tended to apply to governmental ac- inordinate burden prehensive plan policies and land de- tions that do not rise to the level of a velopment regulations that define a talun under the Florida or U.S. nstitu- on his or her real g "final local development order" or es- tions.9 property tablish when development "is con- The new judicial remedy is intended tinuing in good faith" should be cov- to protect either a landowner's "exist- ered by the new cause of action.22 Plan ing use"or"a vested right to a specific tory principles.14 These foundations for policies or local regulations that codify use"of land from an action by a state, establishing vested rights are inde- equitable estoppel principles are not regional, or local government agency pendent; for purposes of the Harris covered by the Harris Act's categorical that would amount to an inordinate Act, rights may vest under any of the protection of rights vested pursuant to burden.10 Therefore, in any potential bases. state statute. claim it is critical to evaluate the Equitable Estoppel.The estoppel doc- landowner's property interest in light trine is grounded in equity,and focuses Harris Act Limitations of the statutory requirements for relief. on whether it would be inequitable to The seemingly broad sweep of the allow government to repudiate its prior Harris Act is deceptive, because the Existing Use conduct.Equitable estoppel will be ap- new judicial remedy is subject to sig- An "existing use" means an actual, plied to government regulation of a nificant exceptions and limitations.The present use or activity on the land, land use if a landowner, in good faith, Harris Act does not apply to actions notwithstanding periods of inactivity on some act or omission of government, by the federal government, or by any normally associated with or incidental has made a substantial change in posi- governmental entity otherwise covered to the activity."A period of inactivity tion or has incurred extensive obli- when exercising the powers of the could include land lying fallow in asso- gations and expenses, so that it would United States or its agencies through ciation with the growing of crops. be inequitable and unjust to destroy a formal federal delegation.23 The Har- An"existing use"also may mean: the acquired right.15 Each of these ris Act does not apply to governmental [S]uch reasonably foreseeable, nonspecula- criteria has received valuable judicial actions which involve operating,main- tive land uses which are suitable for the interpretation and application," and taming, or expanding transportation subject real property and compatible with adjacent land uses and which have created the legislature relied solely on these facilities,and it does not affect existing an existing fair market value in the prop- cases in establishing an equitable es- law regarding eminent domain relat- erty greater than the fair market value of toppel basis for vesting. ing to transportation.24 The Harris Act the actual, present use or activity on the Substantive Due Process. Rights also is not intended to affect the sovereign real property.12 may vest for purposes of the Harris Act immunity of government.25 So long as the requested use is not by applying constitutional principles Finally, and most significantly, the speculative, is suitable for the prop- of substantive due process. This stan- Harris Act is strictly a forward-looking erty, is compatible with adjacent land dard enables the judiciary to craft a measure. It applies only to specific uses, and can be justified by an ap- constitutionally based vesting test sepa- actions of a governmental entity based praisal, and the landowner meets the rate from takings theories or remedies, on a statute enacted after the final other requirements, the landowner and distinct from equitable estoppel. adjournment of the legislature on May should be protected by the Harris Act.13 This standard could focus on whether 11, 1995, or a rule, regulation, or This alternative definition of"existing an owner has acquired a constitution- ordinance adopted after that date. Ac- use" should benefit a landowner who ally protected property interest that tions based on a statute enacted before applies for approval of a land use which should not be diminished or frustrated that date, or a rule, regulation, or is already enjoyed by his or her neigh- by governmental action.l" In some in- ordinance adopted before that date, or bors. stances, the protected interest could one formally noticed for adoption be- A "vested right to a specific use" be established by applying and satis- fore that date, are exempt from the must be determined by applying corn- fying estoppel principles, but the new Harris Act 26 This provision provides mon law principles of equitable estop- test should go further. perhaps the most significant and— pel, constitutional principles of sub- Statutory Vesting. The Harris Act among landowners—controversial limi- stantive due process, or state statu- protects rights vested by state stat- tation regarding the availability of this 14 THE FLORIDA BAR JOURNALIOCTOBER 1995 • Jew remedy. to be brought in circuit court. If a entity which has taken the action at Showing an Inordinate Burden. To landowner elects to invoke other ad- issue.33 The claim must be accompa- demonstrate that a governmental ac- ministrative or judicial remedies prior nied by a bona fide appraisal that tion constitutes an inordinate burden to seeking relief under the Harris Act, demonstrates the loss in fair market on an existing use or vested right to a the time for bringing the Harris Act value to the property.If more than one specific use, the landowner must meet claim is tolled until the conclusion of governmental entity is involved in the one of two statutory tests. those other proceedings.32 governmental action—or if all relevant Under the first test,the effect of the At least 180 days prior to filing suit, issues can only be resolved by involv- action must satisfy three criteria.First, the landowner must present a written ing more than one governmental entity, the action must have directly restricted claim to the head of the governmental in the view of either the landowner or or limited the use of real property to the extent that the landowner is un- able to realize the reasonable, invest- • ment-backed expectation for the exist- ing use of the real property or a vested right to a specific use of the real ; _ property.Second,the deprivation must Assets Backgrounds,, Locates!. be permanent. Third, the deprivation , must be to the real property as a whole.27 The alternative test for demon- strating an inordinate burden is for the This is crucial information- landowner to show that, by virtue of oesdefi you need about-a client key the regulatory action, he or she has witness, opposing party,or" Root- I been left with existing uses or vested prospective juror. It's.in a- rights that are unreasonable such that, • fast; on-line DBT report:_ he or she bears permanently a dispro- portionate share of a burden imposed for the good of the public which, in fairness, should be borne by the pub- Average Report $3! lic.28 This test appears to allow the court to take remedial action when DBTsra Florida Personal Dossier&Comprehensive Reportssw contain governmental action has been unrea- subject name, aliases, DOB,social security number with place and sonable,or has overreached in limiting year of issue, Florida driver license data, previous state driver the uses on a landowner's property. license data,concealed weapons permits,current and previous An inordinate burden does not in- addresses (including business addresses),traffic accidents as driver elude impacts to real property which or owner, Florida real property ownership,worker compensation result from governmental abatement, claims, UCC lien filings, professional and other licenses held, prohibition,prevention,or remediation telephone listings, marriages, marriage tree, relatives,associated of a public nuisance at common law, persons,vehicle ownership and leasing,aircraft, boats, documented vessels, corporations (plus corporate assets), fictitious names, or to a noxious use of real property.29 Temporary impacts to land do not _ neighbors (with addresses and telephone numbers), and more... constitute an inordinate burden,3° so No software charge. No hidden fees. a valid,time-limited moratorium would not be actionable under the Harris Act. Finally,impacts to real property caused Hundreds-of other business and personal reports are available by governmental action that grant re- on-line. lief under the Harris Act would not be Also available:on-line access to criminal history and DMV driving an inordinate burden;31 this exclusion history(these reports may incur pass-through fees). should encourage governmental enti- ties to grant relief to a landowner You pay only for on-line time -- $1.50 per minute.. without concern that doing so will result in a Harris Act claim by another landowner. Economical:No Monthly--No Minimum--No Installation Instant on-line access to billions of records... Bringing a Claim Computer Experience NOT REQUIRED • A Harris Act claim must be pre- sented to the governmental entity ALitoT/aci Plus+ within one year after the new statute, rule, ordinance, or regulation is ap- plied Like no other database in the world! 80 27,7710 plied to the landowner's property in P'DBT n.,r.lr�l.K•i«IIIIUL,n..lu,: order for a subsequent cause of action 'OBr:Dossier Report'and'Comprenensive Report'are Servicemarfa of Database Technologies,Inc.,Pompano Beach.FL 33064.Copyright©1995.All Vas reserved. THE FLORIDA BAR JOURNAUOCTOBER 1995 15 a governmental entity to which a claim will decide if the landowner is entitled is presented—the landowner must pre- to compensation,41 and, if so, a jury sent the claim to each governmental 7 will decide the amount.42 entity involved. If the governmental The court first must determine During the 180-day notice period, entit does not whether there has been an existing use the governmental entity must make a y or a vested right to a specific use of the written settlement offer to resolve the prevail in the real property. Thereafter, the court claim. A settlement offer may include must determine whether an existing an adjustment or variance of the gov- appeal, the court ,is use or vested right has been inordi- ernmental action; increases or modifi- directed to award nately burdened by the governmental cations in the density or intensity of action 43 use of development areas; transfer of the landowner In determining an inordinate bur- development rights; land swaps or ex- attorneys'fees and den, the court must consider the stan- changes; mitigation; location on the dards set forth in the Harris Act as least sensitive portion of the property; costs incurred in the well as the governmental entity's set- conditions on the development or use appeal tlement offer and ripeness decision.44 permitted; a requirement that issues Thus, the determination by the court be addressed comprehensively; pur- in effect is whether the last,best offer, chase of the property interest;issuance if accepted,would constitute an inordi- of a development order; or no changes prevent the inordinate burden on the nate burden. If the actions of more to the governmental action which occa- real property.36 If a proposed settle- than one governmental entity are at sioned the claim.34 This broad author- ment would contravene the application issue,the court must apportion respon- ity creates an opportunity for innova- of a statute, a"friendly suit"in circuit sibility among them45 tion in resolving disputes. court must be brought by the govern- Also during the notice period,unless mental entity and the landowner. The Interlocutory Appeal the landowner has accepted the settle- court is directed to ensure that the Before the issue is submitted to the ment offer, the governmental entity relief protects the public interest served jury for an award of compensation, a must provide a written"ripeness deci- by the statute, and is appropriate to pre- governmental entity may take an in- sion" which identifies the allowable vent the governmental effort from inor- terlocutory appeal of the court's deter- uses of the property. The ripeness dinately burdening the real property.37 mination that there has been an inor- - decision is intended to permit the dinate burden.The court may stay the landowner to go directly to circuit court, Prospect for Sanctions proceedings during the pendency of the rather than having to pursue other The importance of the 180-day notice appeal, but a stay is not automatic. If administrative remedies,if dissatisfied is enhanced by the prospect for sanc- the governmental entity does not pre- with the response of the governmental tions to be imposed in a subsequent vail in the appeal,the court is directed entity.35 civil action.Attorneys'fees are recover- to award the landowner attorneys'fees The combined effect of the require- able from the governmental entity if and costs incurred in the appeal.46 ment that the governmental entity the landowner prevails and the court If the court determines the govern- make a settlement offer and identify finds that the governmental entity did mental action has inordinately bur- the uses to which a property may be not make a bona fide offer which would dened the landowner's property, the put should be to change the way regu- have resolved the claim during the court must impanel a jury for the lators deal with land use and environ- notice period.38 On the other hand,the second phase of the proceeding. The mental issues. The Harris Act is in- governmental entity may recover at- jury must determine the difference in tended to shift the focus of government torneys'fees from the landowner if the the fair market value of the unbur- agencies and landowners alike from court finds the landowner did not ac- dened land and the fair market value whether a proposed use is allowable to cept a bona fide offer which would have of the property as inordinately bur- what uses are allowable. In this re- resolved the claim.39 These provisions dened.Because the Harris Act requires gard, regulators may seek options in a place even more importance than usual the award of compensation to take into more cooperative way which both could on a dispassionate analysis of claims account the settlement offer and ripe- accommodate a landowner's wishes for both landowning and governmental ness decision,47 the award is not calcu- while still achieving the public policy clients. lated by an assessment of the gov- objectives of underlying statutes,rules, If the governmental entity does not ernmental entity's original action,but ordinances, or regulations applied to make a bona fide offer to settle the by its last, best offer. Consideration the landowner's real property. issue, or if the landowner rejects the may not be given to business damages, When a governmental entity's settle- settlement offer and ripeness decision, but the Harris Act requires a reason- ment offer would constitute a modifica- the landowner may file a claim in able award of prejudgment interest tion, variance, or special exception to circuit court.The landowner must serve from the date the claim was pre- application of an ordinance, rule, or the complaint on each governmental sented.48 regulation, the Harris Act directs that entity making a settlement offer and By operation of law, the payment of the relief protect the public interest ripeness decision.Venue for this bifur- compensation vests in the govern- served by the ordinance, rule, or regu- cated proceeding is the county where mental entity the right, title, and in- lation at issue, and be appropriate to the real property is located.40 The court terest in rights of use for which com- 16 THE FLORIDA BAR JOURNALJOCTOBER 1995 pensation has been paid. The gov- land use is well grounded in the law of argument that denying the requested use ernmental entity may hold, sell, or eminent domain relating to valuation.E.g., would be arbitrary and capricious. otherwise dispose of these development Yoder v. Sarasota County, 81 So. 2d 219 14 Fla.Laws Ch.95-181,§1(3)(a). (Fla.1955);Board of Commissioners of State 15 City of Hollywood v.Hollywood Beach rights. When the court has awarded Institutions v. Tallahassee Bank & Trust Hotel Co., 283 So. 2d 867 (Fla. 4th D.C.A. compensation, it will determine the Co., 100 So.2d 67,cert.denied, 101 So. 2d 1973), rev'd in part, 329 So. 2d 10 (Fla. form and recipient of the rights and the 817 (Fla. 1958). See also Florida Eminent 1976). terms of their acquisition.49 The court Domain Practice and Procedure§§9.32-.33 16 Rhodes & Sellers, Vested Rights: Es- also is given broad powers to make (4th ed. Fla. Bar CLE 1988). A land- tablishing Predictability in a ChangingRegu- owner probably would have a cause of latory System, 20 STET. L. Rev. 475, 476 final determinations to effectuate the action anyway founded on reverse spot (1991). relief available under the Harris Act.50 zoning, denial of equal protection, or per- 17 Resolution Trust Corp.v.Town of High- In light of the unique purposes and haps substantive due process,based on the land Beach, 18 F.3d 1536, 1544 (11th Cir. intent of the Harris Act,a court should not necessarily construe it under the case law regarding takings claims un- der the U.S. and Florida constitutions New Perspectives On Real Estate Practice#43: if the governmental action does not rise to the level of a taking.sl The Harris Act creates a new civil ins. action remedy for landowners that will Growing a bear a striking resemblance to existing remedies under takings law.Each case In a bygone era of home remedies and wishful concoctions,there were night- will be an ad hoc, fact-intensive in- time aches in the limbs and joints of children attributed to growing bodies pushing quiry to determine whether a particu- outward—a fantasy propagated by well-meaning elders with a bent toward mysti- lar action of government intrudes too cism.The pain was real,but its origin was fantastical. far into the landowner's domain. The discomfort associated with our professional growth can be as palpable. but the cause often is similarly illusory. Conclusion Growing a practice requires that lawyers market themselves,and that makes most lawyers uneasy.But are lawyers uncomfortable with the actual process of The 1995 property rights legislation marketing,or with the mere thought of it? was intended to adjust the balance - Even grownup professionals can misinterpret the sources of their distress. between the private sector and govern- It is true that developing a practice requires that we stretch ourselves,that we grow ment in the continuing friction be- to learn new skills and accept new,personal responsibilities.Growing your practice tween regulators and landowners over certainly will take time and increase your workload.But this is not the painful part. the use of land in Florida. It reflects It only appears so from a distance.The real source of the pain is intangible. It is. both the popular mood and a shift in for the most part.completely imagined.And,once you jump into the process.it legislative sentiment in recent years. goes away. This remedy is not a radical depar- The pain stems from inertia,or"getting off the dime."It stems from lawyers' ture from prior law. The Harris Act embedded reluctance to move outside their comfort areas,which are usually defined builds upon common law principles, by the more technical aspects of the practice of law.It stems from a deep-seated mis- constitutional decisions,and the tradi- conception—or a convenient rationale—that rainmakers are born,not made.And it tion of finding an accommodation be- stems from a somewhat self-righteous attitude that the duties associated with market- tween and interests. It ing and other vestiges of the"business"of practicing law are best left to someone else. represents public attempt private providentr new You cannot avoid growth.Our willingness to grow as professionals—to learn ry : for how to market ourselves and our services—is intimately and inexorably entwined and measured L;;_ for landowners with the growth of our practice and our profession.Growth means survival. without undermining Florida's land- You must be willing to give up contentment and safety.and embrace a will- mark environmental protection and ingness to step outside the familiar.Then you must acquire the habits.skills,and growth management laws.o discipline necessary to market your practice.And,perhaps most important,you've got to become good at it.so that,over time,you've acquired a level of expertness. 1 Fla.Laws Ch.95-181. a personal mastery,of the process. Then,with the dawning of your efforts,the looming pain you had once so 2 U.S. Coxsr. amend V;FLA. CoNST.art. X,§6. vividly imagined,miraculously,will disappear. 3 Fla.SB 1000(1993). 4 Fla.Exec.Order 93-150(June 4,1993). 5 Report of the Governor's Property of Information Rights Study Commission II(Feb.28,1994). TL 6 Advisory Opinion to the AttorneyFund of Service eral re Property Rights,644 So.2d 486(Fla. of Innovation 1994). 7 Fla. H.R. Jour. 1050 (Reg. Sess. May Par an in-depth cummim:tn on a hat Ian-limn nccrktmg can mean to Uou.n lie: 5, 1995), Alcorn,\:fide hrurmce fund.Inc. 6 Fla.Laws Ch.95-181,§1. mom,n:larkting k-rriao 9 Fla.Laws Ch.95-181,§1(9). Reler nee:Lin Finn larkcting 10 Fla. Laws Ch.95-181,§1(3). eel.I mp n-racwwn 11 Fla.Laws Ch.95-181, §1(3)(b). Ud.,d .PI.is c,z uwwi 12 Id. t I' 5 Atconie N.Title Irourmce Fund.Inc. 13 This approach to defining an existing THE FLORIDA BAR JOURNAUOCTOBER 1995 17 1994). 37 Fla.Laws Ch.95-181,§1(4)(d)2. 18 FLI.STAT.§163.3167(8). 38 Fla.Laws Ch.95-181,§1(6)(c)1. 18 FLA.STAT.§380.05(18)(areas of critical 32 Any proposed settlement offer or pro- state concern);F1.A.STAT. §380.06(20)(1994 The Harris Act posed ripeness decision,and any negotiations Supp.)(developments of regional impact). 7 or rejections with respect to the formulation 20 FL..STAT.§373.414(11)-(16)(1993). builds upon of the settlement offer and ripeness deci- 21 F1.A.STAT.§161.052(1993). sion,are admissible in the proceeding only 22 See F1.A.STAT.§163.3167(8)(1993). Common law for the purpose of determining costs and 2243 Fla.Laws Ch.95-181,§1(13)(c), attorneys' fees. Fla. Laws Ch. 95-181, Fla.Laws Ch.95-181,§1(10). principles, §1(6)(c)3. The determination of costs and 25 Fla.Laws Ch.95-181,§1(13). constitutional attorneys'fees must be made by the court. 28 Fla. Laws Ch. 95-181, §1(12). An ac- Fla.Laws Ch.95-181,§1(6)(c)1. tion based on a subsequent amendment decisions and the 41) Fla.Laws Ch.95-181,§1(5)(b). may be a basis for a Harris Act claim"only 41 Fla.Laws Ch.95-181,§1(6)(a). to the extent that the application of the tradition of finding 42 Fla.Laws Ch.95-181,§1(6)(b). amendatory language imposes an inordi- 43 Fla.Laws Ch.95-181,§1(6)(a). nate burden apart from"the grandfathered an accommodation 64 Fla. Laws Ch. 95-181, §1(6)(a). In statute,rule,ordinance,or regulation.Id. determining whether there has been an Fla. 28 Laws Ch.95-181,§1(3)(e). between public and inordinate burden,the final settlement offer 29 Id' pro- private interests and ripeness decision are admissible; pro- pd. posed settlement offers and ripeness deci- sions,and negotiations are inadmissible for these purposes. Fla. Laws Ch. 95-181, §1(6)(c)3. 3° Id. 445 Fla.Laws Ch.95-181,§1(6)(a). 31 Id. Id. Journal Article 32 Fla.Laws Ch.95-181,§1(11). 47 Fla.Laws Ch.95-181,§1(6)(b). 3 Fla.Laws Ch.95-181,§1(4)(a). '18 Fla.Laws Ch.95-181,§1(6)(b). Writing Contest Fla.Laws Ch.95-181,§1(4)(c). 4s Fla.Laws Ch.95-181,§1(7)(b). 35 Fla.Laws Ch.95-181,§1(5)(a). 50 Fla.Laws Ch.95-181,§1(7)(a). 38 Fla.Laws Ch.95-181,§1(4)(d)1. 61 Fla.Laws Ch.95-181,§1(9). The Florida Bar Journal gives cash awards annually from an endowment set up in memory AUTHORS of Barbara Sanders by attorney Barrett Sanders, former chair of The Florida Bar Journal Edi- a torial Board. F . . A first place award is presented ) ' *Att each June, and second and tNit :-. - • third place awards are given �'!!S i, . at the discretion of the judges. Judges select winners from * .:a I III those lead articles published be- tween May and April. POWELL RHODES 41TEN3LE David L. Powell is a shareholder in the Tallahassee law firm of Hopping The Florida Bar Journal Edito- Green Sams & Smith, P.A. He served as executive director of the third rial Board screens the articles Environmental Land Management Study(ELMS III)Committee.His practice and selects finalists for submis- includes growth management, land use, and facility siting matters. sion to a panel of judges. Win- Tallahassee.M. Rhodes is a partner in Steel Hector & Davis, resident in Hers will be in The Tallahassee. He is a former chair of The Florida Bar Environmental and hers will Bar News announcedin inJune. Land Use Law Section and is treasurer of the Administrative Law Section. Mr. Rhodes served on the working group that recommended draft property rights legislation to the legislature. Judges select winners accord- Dan R. Stengle is the general counsel to the Florida Department of the ing to writing quality, substan- Community Affairs.Prior to that,he served as staff director to the Committee tive quality, style, and degree on Governmental Operations of the Florida Senate, and as general counsel of difficulty. to the Florida Game and Fresh Water Fish Commission. He served as the principal draftsman to the ad hoc working group that drafted the Bert J. Harris,Jr.,Private Property Rights Protection Act. This article is submitted on behalf of the Environmental and Land Use Law Section,Mary F.Smallwood,chair,Sid F.Ansbacher,editor,and Bob Fingar, special editor. ■ 18 THE FLORIDA BAR JOURNALJOCTOBER 1995 Worrell Enterprises, Inc. May 9, 1996 Thomas E. Worrell,Jr. Chairman Ms. Patricia Cayce City of Delray Beach Historic Preservation Board 100 N.W. 1st Avenue Delray Beach, FL 33444 VIA CERTIFIED MAIL Dear Ms . Cayce: I have been out of the country for almost two weeks . I returned last night . At that time I reviewed the notice of a scheduled meeting of the Historic Preservation Board of Delray Beach to consider designating property I own as part of the South Ocean Boulevard Historic District. I am the owner of the property at 501 South Ocean Boulevard, and 511 South Ocean Boulevard, which I purchased several weeks ago. The purpose of this letter is to formally notify you and the board that I strenuously object to and oppose the inclusion of my properties in any historic district. I consider such an action to be unnecessary, intrusive, and potentially damaging to the value of my property. Further, it is my understanding that a developer was allowed to tear down one of the homes in the designated area on the day of notification concerning the public hearing. In fact, I suspect it is this developer and the projects he has undertaken along South Ocean Boulevard that may have caused concerns by the Historic Preservation Board. While I certainly support the preservation of historic properties and landmarks, I do not believe that it is appropriate in this case for the government to attempt to mandate and restrict property owners in the quiet enjoyment of their homes and property. If the City of Delray Beach wishes to influence the style of residences being erected along South Ocean Boulevard, it already has the means to do so. 'ems-,�a'ao T 196 1450 South Dixie Highway❑ Boca Raton,Florida 33432 ❑ Tel:407-338-3298 PLANNING & ZONING ❑ Fax:407-338-3453 Ms. Patricia Cayce May 9, 1996 Page Two I have endeavored, at considerable expense, to protect and enhance the historic characteristics of my residence at 501 South Ocean Boulevard. I will do the same at 511 South Ocean Boulevard. I do this because of a personal commitment to preservation. It seems to me the answer to the concerns of the board lie not in government intervention but in communication and cooperation between the board and citizens of the community. I would be happy to discuss deed restrictions or other voluntary actions that may be taken to preserve unique properties . I would appreciate it if this letter would be made a part of the record concerning this matter. \. I 6_2 c Go-t-(/( ( ( - Thomas E. Worrell, Jr. TEWjr:mb cc: Members of the Board City Commissioners May-10-96 03: 15P _ y • //tir, National Trust for Historic Preservation (Il SOUTHERN REGIONAL. OFFICE FAX COPY. ORIGINAL TO FOLLOW BY MAIL )1 YES NO ACKNOWLEDGE OF RECEIPT BY PHONE YES NO TO: �/T C-A5CY t-!iSTortG 7ea-SCE.PAIIo 1)4- WI FROM: SUSAN KIDD, DIRECTOR JOHN HILDRETH, ASSISTANT DIRECTOR DANIEL CAREY, PROGRAM ASSOCIATE SIERRA NEAL, FIELD REPRESENTATIVE KAYE GARRIS, ADMINISTRATIVE ASSISTANT SUSAN WALL, VOLUNTEER INFORMATION COORDINATOR DATE: TIIvIE: • PAGES: 2 . G D q- SUBJECT: SovT*I DC&,td 139U1-6.1/121) ihSra 7)/57P16j MESSAGE: 'p-.th 68-- 7DiST21 i3'7& ,t 5 NLy&&b Yv) /MV DIY vcsrwi 1 s . t 11 �r'� �`��v�lam•` r� SOUTHERN REGIONAL OFFICE FAX NUMBER: (803) 722-8652 ' SOUTHERN REGIONAL OFFICE PHONE NUMBER (803) 722-8552 Southern Regional Office National Office: 456 King Street 1785 Massachusetts Avenue, N.W. Charleston, S.C. 29403 Washington, D.C. 20036 . (8031 722-8552/ FAX (803) 722-8652 202) 673-4000 May-10-96 03: 15P P_02 • 111� National Trust for Historic Preservation May 10, 1996 Mr. Jon Vaughn, Chairman Delray Beach Preservation Board City Hall 100 NW First Avenue Delray Beach, FL 33444 Dear Mr. Vaughn: 1 am writing to voice the support of the National Trust for Historic Preservation for the establishment of the South Ocean Boulevard Historic District. The establishment of this district would help preserve a vital part of Delray Beach's important history. The history of northern financiers and industrialists developing southern Florida is readily evident in the South Ocean Boulevard Historic District and should be preserved as one important aspect of the city and region's history. The unfortunate demolition of the historic Snyder House at 601 South Ocean Boulevard is an example of the development pressures facing the proposed historic district. Spurious claims of a racist history, questionable evaluations of the historic building's soundness and irrelevant assertions of property rights infringement by the current owner and his representatives all cloud the essential facts concerning the establishment of an historic district for South Ocean Boulevard and its impact on Mr. Melone's property. Those facts are that deed restrictions of the sort referenced by Mr. Melone were, unfortunately, common across the United States. Those restrictions are currently unenforceable and were rendered illegal by the Fair Housing Act of 1964. Further, Mr. Melone's action in demolishing the house prior to its designation has now precluded any compromise that might have been possible- Finally, the right of the property owner to use his property is affected by many more regulations than the proposed historic district designation. Current zoning will not be affected by the designation and existing Coastal Zone management regulations will still be in effect. In short, historic district designation recognizes the development of a community over time, creates a dialogue where the intrinsic value of historic sites is respected and furthers community goals and values. • Delray Beach and more than 2000 communities nationwide have proven the success and viability of historic district designation and review. The National Trust supports the establishment of the South Ocean Boulevard Historic District and vie offer our support to the City and individual property owners. From our online assistance that includes access to a preservation information to Southern Regional Office National Office: 456 King Street I 7riS Mast,achusctts Avenue, N.W. Charleston, S.C. 29403 Wa',hint;tun, D.C. 2.0036 ;803) 722-8552 / FAX (803) 722-8652 ta2)(7.3-4000 May-10-96 03: 15P Mr. Vaughn Page 2 our preservation planning grants, the National Trust seeks to work in local communitie to explode myths about historic preservation and prove the enormous benefits reaped when people work together to protect their heritage. We look forward to working with the City of Delray Beach and groups such as the Preservation Society of Delray Beach to further their historic preservation goals. • Please feel free to call on me if I can be of any help or if I can clarify any points raised in this letter. Sincerely, ohn Hildreth Assistant Director cc: Mayor Jay Alperin and City Commission Carolyn Patton, Preservation Society of Delray Beach Worrell Enterprises, Inc. 1450 South Dixie Highway Boca Raton,Florida 33432 City Of Delray Beach, Historic Preservation Board Ms. Pat Cayce . 100 N.W. 1st Avenue w,V Delray Beach, FL 33444 ,IT1C ta y :MAY..a.g 1996 �. PLANNING &ZONING • h DELRAY BEACH Ward Ail-AmericaCity 7993 AGENDA HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: October 2, 1996 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. CERTIFICATES OF APPROPRIATENESS A. COA-288: 11 S. Swinton, New Construction of a Commercial Office Building, Old School Square Historic District. Steven E. Cohen, Owner; Michael Kravit, Architect, Authorized Agent. Demolition of a Contributing Building and New Construction of a One Story Office Building. B. COA-272 Continuation: 2 East Atlantic Avenue, Contributing Commercial Building, Old School Square Historic District. Steven E. Cohen Owner; Michael Kravit, Architect, Authorized Agent. Requested changes to Previously Approved Elevations. C. COA-297: 235 N.E. 1st Avenue (Banker's Row), Contributing Single Family Residence, Old School Square Historic District. Patricia Kaufman, Owner. Renovation to Front Facade. HPB Meeting October 2, 1996 Page 2 D. COA-298: 226/228 N.E. 5th Terrace, Noncontributing Duplex, Del- Ida Park Historic District. MJM Properties Inc., Owner; Mark Weber, Authorized Agent. Re-Roof from Cement Tile to Dimensional Fiberglass Shingles. E. COA-286: Back Room Bar 16 E. Atlantic Avenue. Contributing Commercial Building, Old School Square Historic District. Bright Horizons Investment Corp., Owner. Leigh Gove, Authorized Agent. Renovation to E. Atlantic Avenue Facade Including the Installation of a Sign. F. COA-296 Pre-Application: 29 N.E. 1st Avenue, Noncontributing Commercial Building, Old School Square Historic District. Jerome Vanhille, Owner. Review and Comment on Proposed Elevations. REPORTS AND COMMENTS A. Reports from Historic District Representatives B. Board Members C. Staff \V. ADJOURN Pat Cayc Historic Preservation Planner POSTED ON: September 27, 1996 file u/agendas/HPB 10--2 MINUTES OF THE HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA PUBLIC HEARING MEETING DATE: OCTOBER 2, 1996 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, Debora Turner, Susan Hurlburt MEMBERS ABSENT: Pat Healy-Golembe, Betty Diggans STAFF PRESENT: Pat Cayce, Jeff Costello, Diana Mund II. CERTIFICATES OF APPROPRIATENESS: A. COA 8-288: 11 S. Swinton Avenue; Old School Square Historic District; New Construction of a Commercial Office Building; Steven E. Cohen, Owner; Michael Kravit, Architect, Authorized Agent. Item Before the Board: The action requested of the Board is that of approving a COA which incorporates the following aspects of the development proposal: • Demolition of a Contributing Structure; • Site Plan; • Landscape Plan; and, • Design Elements. It was moved by Ms. Turner, seconded by Ms. Farrington and passed 5-0 to approve COA 8-288 for the demolition of the existing 1,840 sq.ft. convenience store, based upon positive findings with respect to LDR Section 4.5.1(E). It was moved by Ms. Turner, seconded by Ms. Hurlburt and passed 5-0 to approve COA 8-288 for the site plan, based upon positive findings with respect to Chapter 3 (Performance Standards) of the LDRs, policies of the Comprehensive Plan and Section 2.4.5(F)(5) subject to the following conditions: 1. That revised plans be submitted addressing the Site Plan Technical Items listed in the staff report; 2. That the site lighting fixture details and illumination information be indicated on the plans and comply with Section 4.6.8 (Lighting); 3. That the electric, phone, and cable service lines be located underground; and, 4. That a Unity of Title or boundary plat combining the two lots be recorded prior to issuance of a building permit. It was moved by Ms. Hurlburt, seconded by Ms. Turner and passed 5-0 to approve COA 8-288 for the landscape plan, based upon positive findings with respect to LDR Section 4.6.16 subject to the following conditions: 1. That revised plans be submitted which address the Landscape Plan Technical Items listed in the staff report; 2. That a Cocoplum hedge be provided along the west side of the handicap accessible parking space; 3. That Coconut Palms be provided rather than Queen Palms and planted on each side of the entry walkway; 4. That the interior landscape islands be provided with ground cover rather than sod to further xeriscape principles; 5. That within the front yard, curvilinear landscape beds consisting of ground cover be provided to further xeriscape principles and provide an interesting landscape design; 6. That a right-of-way permit be obtained from the City Engineer to install the landscape planter within the Swinton Avenue right-of-way; and, 7. That the plantings in the new planter be consistent with the existing landscaping in the Swinton Avenue planters. It was moved by Ms. Farrington, seconded by Ms. Turner and passed 5-0 to approve COA 8-288 for the design elements, based upon positive findings with respect to LDR Section 4.5.1 subject to the following condition: • That windows be added to the north and south elevations, which as proposed were blank. The windows will be S/H aluminum sash, the architect will supply staff with elevations indicating the window size and location. B. COA 8-272 Continuation: 2 E. Atlantic Avenue; Old School Square Historic District; Contributing Commercial Building; Steven E. Cohen, Owner; Michael Kravit, Architect, Authorized Agent. Item Before the Board: The action requested of the Board is that of approving a COA for changes to a previously approved facade. -2- 10/02/96 The owner was not present. Mr. Kravit, authorized agent, would not speak to the issue of undue economic hardship, which is the basis for the owner's request that the project be completed in phases. Before considering the phased completion the Board requested that the owner provide the following: 1. A time-table for the phasing and the anticipated date of final completion; 2. A cost breakdown of the phasing; and, 3. Documentation of undue economic hardship. It was moved by Ms. Turner, seconded by Ms. Farrington and passed 5-0 to table COA 8-272 Continuation to a future meeting. C. COA 8-297: 235 N.E. 1st Avenue (Banker's Row); Old School Square Historic District; Contributing Single Family Residence; Patricia Kaufman, Owner. Item Before the Board: The action requested of the Board is that of approving a COA for renovations to a front facade. It was moved by Ms. Turner, seconded by Ms. Hurlbut and passed 5-0 to approve COA 8-297 as presented, based upon positive findings with respect to LDR Section 4.5.1(E). D. COA 8-298: 226/228 N.E. 5th Terrace; Del-Ida Park Historic District; Non- contributing Duplex; MJM Properties, Inc., Owner; Mark Weber, Authorized Agent. Item Before the Board: The action requested of the Board is that of approving a COA to allow a re-roof from cement tile to dimensional fiberglass shingles. Through a computer error the re-roof permit was issued and the roof had been partially installed prior to Board approval. It was moved by Ms. Turner, seconded by Ms. Hurlbut and passed 5-0 to approve COA 8-298 based upon positive findings with respect to undue economic hardship and extenuating circumstances, pursuant to LDR Section 4.5.1(H). E. COA 8-286: Back Room Bar; 16 E. Atlantic Avenue; Old School Square Historic District; Contributing Commercial Building; Bright Horizons Investment Corp., Owner; Leigh Gove, Authorized Agent. -3- 10/02/96 Item Before the Board: The action requested of the Board is that of approving a COA for renovations to the front facade including the installation of a sign. The Board did not object to the size or location of the sign. However, they felt that the colors were not compatible to the proposed color of the building and that the design elements of the sign were busy and inappropriate to the style of the building and for E. Atlantic Avenue. The Board recommended that the applicant return with several design options for the sign. Because the applicant felt that the awnings will need to be removed from the facade in order to accommodate the sign, and the proposed dining deck on the roof of the building, which requires a railing, had not yet been approved by the Building Department, the Board recommended that the COA be tabled until the new sign designs are available, and the feasibility of the dining deck is resolved. The applicant agreed with the Board on this. It was moved by Ms. Turner, seconded by Ms. Hurlbut and passed 5-0 to table COA 8-286 to a future meeting. F. COA 8-296 Pre-Application: 29 N.E. 1st Avenue; Old School Square Historic District; Non-contributing Commercial Building; 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. After reviewing the elevations and floor plans, the Board felt that two distinct styles were present in the design. The formal and classical elements, broken, pediment, coins, 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. Mrs. Cayce added the following item to the agenda. G. COA 8-290 Continuation: 246 N. Swinton Avenue; Old School Square Historic District; Contributing Single Family Residence; Terry Eichas, Owner. Item Before the Board: The action requested of the Board is that of approving a COA to allow front porch and rear patio awnings to be installed. -4- 10/02/96 It was moved by Ms. Turner, seconded by Ms. Farrington and passed 5-0 to approve COA 8-290 Continuation as presented, based upon positive findings with respect to LDR Section 4.5.1(E). -5- 10/02/96 III. REPORTS AND COMMENTS: A. Reports from Historic District Representatives None B. Board Members None C. Staff None IV. ADJOURNMENT: There being no further business before the Board, Ms. Farrington moved to adjourn the meeting at 8:00 P.M., seconded by Ms. Hurlbut 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 October 2, 1996, which were formally adopted and approved by the Board on October 16, 1996. 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. -6- 10/02/96 ., 1 HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 2, 1996 AGENDA ITEM: II.A. ITEM: Consideration of COA-288 which Incorporates the Demolition of an Existing Contributing Structure along with the Site Plan, Landscape Plan, and Design Elements for the Construction of a Professional Office Building at 11 S. Swinton Avenue (Formerly Andre's Market), Located on the east side of Swinton Avenue, approximately 160 feet south of Atlantic Avenue. I �_ •_ . - ✓1 a^ — —<� COMMUNITY<_ w aLD <_,_�+_ a--o _o_ i - CENTER < _ • _ D SCHOOL Z = Y— ==n w —�Z SQUARE N _ —_— = - FIRE — ^--w —a— a _ _—_vi_ 1 — __ __ _ Li NO 'ITENNIS _> I__ 12 STATION — 'll"I'I'= STADIUM i < z YI III ' Z` �v _ l I I ' I ATLANTIC AVENUE { III" POLICE SOUTH I 0 — ' — COMPLEX COUNTY _ _< Q COURT �" y ` HOUSE < ` z <- <- _ z!iii - .F. N �_ 1ST — ST. _ S.E. 1ST iii ' —�_ S.W. ST. �— 3 I I — 3^^_0 T W ��I� (—�N N BUDS NI —,�i. vi h— Vl�—Y/� {ry Vi GENERAL DATA: Owner Steven E. Cohen Agent Michael J. Kravit, AIA Location East side of Swinton Avenue, approximately 160 ft. south of Atlantic Avenue Property Size 0.29 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 Vacant structure formerly utilized as a convenience store (fka Andre's Market). Proposed Land Use Demolition of an existing contributing building and construction of a one-story 3,100 sq. ft. office building with associated parking and landscape areas. Water Service To be provided via a service lateral connection to the existing 6"water main within Swinton Avenue. Sewer Service To be provided via a service lateral connection t the existing 8"sewer main within the east/west alley. II.A. >::>::>:::<::<:>: ::>:>:::>::::>:: :: .::.::.::.::.::.::.:::.>::.;:.;:.:.:.;:.;:.;::.;:...::.;:.;:.;:.;:.;::::i.:::::::..........................................: .:g:::T`: ::m .:t?::A:. ._Its.::::::::::::._:.:::::.;::::::::::::::::._::::::::::.::: The action before the Board is that of approval of COA-288 which incorporates the following aspects of the development proposal for 11 S. Swinton Avenue Professional Office Building, pursuant to LDR Section 2.4.5(F): ❑ Demolition of a Contributing Structure; ❑ Site Plan; ❑ Landscape Plan; and, ❑ Design Elements The subject property is located on the east side of S. Swinton Avenue, approximately 160 feet south of Atlantic Avenue. The subject property consists of Lots 7 and 8, Block 69, Town of Delray, which contains 0.29 acres and is located within the Old School Square Historic District. The building was constructed in 1925 as a single family residence with wood frame construction on a pier foundation. The facade of the building was altered when the use was changed from residential to commercial about 1970. With the Citywide rezoning and adoption of the Land Development Regulations in October 1990, the property was rezoned from RO (Residential Office) to OSSHAD (Old School Square Historic Arts District). On February 7, 1996, the Historic Preservation Board approved the renovation of the existing structure in conjunction with the renovation of the historic 1910 Rhoden Building at 2 E. Atlantic Avenue, immediately to the north. Subsequently, an engineer's report determined that the subject building is structurally unsound. Therefore, a site plan request has been submitted which includes demolition of the existing structure and construction of an office building. The development proposal involves the construction of a 3-bay office building and incorporates the following: ❑ Demolition of the existing 1-story 1,840 sq.ft. commercial building (fka Andre's Market); • HPB Staff Report 11 S. Swinton Avenue Professional Office Building-COA-288(Site Plan Approval) Page 2 ❑ Construction of a 1-story 3,100 sq.ft. office building consisting of three 1,033.5 sq.ft. bays; ❑ Installation of 3 back-out parking spaces and a dumpster area, adjacent to the east/west alley (north side of the property), along with the construction of a 9-space parking lot on the east side (to the rear) of the property; ❑ Installation of a concrete paver block sidewalk on the west side of the building along with associated landscaping throughout the site; and, ❑ Elimination of the existing curb-cut along Swinton Avenue and installation of a new landscape planter on Swinton Avenue along the property's frontage. 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 Requirements Pursuant to Section 4.4.24(G)(1), within the OSSHAD zoning district, business and professional offices shall provide 1 parking space for every 300 sq.ft. of floor area. The proposed office building contains 3,100 sq.ft. which requires 11 parking spaces. Pursuant to LDR Section 4.4.24(G)(6), when parking requirements are applied to new development or a change in use, said parking requirements shall be reduced by one parking space. This reduction may only occur once. Based upon the above, 10 parking spaces are required for this development, however 12 spaces have been provided on-site. Building Setbacks and Height As outlined in LDR Section 4.3.4(K) (Development Matrix), the proposal meets the required 25' front, 7.5' side and 10' rear building setback requirements of the OSSHAD zoning district. The maximum building height within the OSSHAD is 35' and only 16' is proposed. Site Lighting While the site lighting locations have been indicated on the plans, the fixture details and illumination information have not. Thus, the fixture details and HPB Staff Report 11 S. Swinton Avenue Professional Office Building-COA-288(Site Plan Approval) Page 3 illumination information must be indicated on the plans and comply with LDR Section 4.6.8 (Lighting). This has been attached as a condition of approval Undergrounding of Utilities Pursuant to LDR Section 6.1.8 (Undergrounding of Utilities), all utility facilities serving the development must be placed underground. Thus, the electric, phone and cable service lines must be located underground, and is listed as a condition of approval. Open Space Pursuant to Section 4.3.4(K) (Development Matrix), within the OSSHAD zone district, 25% of non-vehicular open space is required. The development proposal provides for 27% open space, which exceeds the requirement. Site Plan Technical Items The following are items that do not require specific action of the Board, however, the items must be addressed with the submittal of revised plans. 1. The dumpster enclosure details and vision obscuring gates must be indicated on the plans. 2. A right-of-way permit must be obtained from the City Engineer to remove the existing curb-cut along Swinton Avenue and install the landscape planter. 3. Elevation data from the handicap accessible parking space to the building entrances must be provided to determine if a railing is necessary and compliance with the applicable codes. If a railing is required, it should be a vertical railing. 4. Existing and proposed elevations must be indicated on the engineering plans. 5. The exfiltration trench is to be sized to accommodate the five year, one hour storm. Minimum parking lot elevations are to be no lower than the five year flood stage. 6. Details of the type "D" curbing as well as drainage structures and exfiltration trenches must be indicated on the engineering plans. 7. The typical cross-section of the proposed parking lot must be indicated on the engineering plans. HPB Staff Report 11 S. Swinton Avenue Professional Office Building-COA-288 (Site Plan Approval) Page 4 Along the east and south property lines, a Ficus hedge with Mahogany trees every 30 feet are proposed. Within the 2 landscape areas on the north side of the building a Ficus hedge is proposed along with a Mahogany tree in one landscape island and a Gumbo Limbo tree in the other. It is noted that pursuant to LDR Section 4.6.16(H)(3)(a), all parking areas must be screened from adjacent rights-of-way by a hedge. Therefore, a hedge, preferably Cocoplum, must be provided along the west side of the handicap accessible parking space, which is adjacent to Swinton Avenue. Adjacent to the east and west sides of the building, a foundation planting consisting of a Cocoplum hedge is proposed. Along the west side (front yard) of the property facing Swinton Avenue, 3 Yellow Tabebuias are proposed while 2 Queen Palms with Annuals are to be provided in planting areas within the entry walkway. It is recommended that Coconut Palms be utilized and planted on each side of the walkway. To further xeriscape principles, the interior landscape islands should be provided with ground covers rather than sod. Also, within the . front yard a curvilinear landscape bed consisting of ground covers should be provided which furthers xeriscape principles and provides an interesting landscape design. It is noted that the existing curb-cut is being eliminated and a landscape planter installed which will be consistent with the existing planters along Swinton Avenue. In order to remove the curb-cut and install the planter a right-of-way permit from the City Engineer is required. Landscape Plan Technical Items The following are items that do not require specific action of the Board, however, the items must be addressed with the submittal of revised plans. 1. The landscape plan must be prepared and sealed by a registered landscape architect or otherwise be prepared by persons authorized to prepare plans or drawings by Florida Statutes Chapter 481, Part II. 2. The landscape calculations must be revised as they are not accurate, including interior and exterior green space. 3. Landscape specifications must be indicated on the landscape plan. 4. The hedge proposed along the south side of the property must be planted along the south property line. 5. The abbreviation for the plant species proposed within the landscape island east of the dumpster, is not listed in the plant list. HPB Staff Report • 11 S. Swinton Avenue Professional Office Building-COA-288 (Site Plan Approval) Page 5 The development proposal includes the following design elements (exterior alterations) which require analysis with respect to compatibility with the existing structure. Architectural Elevations On February 7, 1996, the Historic Preservation Board approved the renovation of the existing structure in conjunction with the renovation of the historic 1910 Rhoden Building at 2 E. Atlantic Avenue. The previously approved elevations and design elements are of the Store Front Vernacular style. The proposed building is to be constructed of c.b.s. and is of the Store Front Vernacular style. The structure will be painted beige with white trim. The roof mounted mechanical/ac equipment will be screened by the parapet and the cornice will be a reinforced Dryvit System. The storefront windows proposed on the west elevation and the transoms will be factory finished white aluminum. The doors are wood with a large glass inset panel and a smaller wood inset panel underneath. The proposed new construction is consistent with the previously approved elevations and design elements. .Paver Block Walkway The proposed front walkway is to consist of an interlocking paver system. Details of the pavers will be presented at the Board meeting. Dumpster Enclosure The dumpster enclosure will be 6' high and constructed of c.b.s. with metal louver vision obscuring gates. The enclosure will be painted to match the building and gates will be white to match the trim. ........... ............ Demolition The existing 1,840 sq.ft. building was constructed in 1925 as a single family residence. It is of wood frame construction on a pier foundation. Originally there was a 6' X 6' porch at the front entrance, and the exterior finish was wood siding. It was probably vernacular in style, but as there are no early photographs of the structure, its original appearance is only conjecture. The building was altered when the use was changed from residential to commercial. The wood siding was plastered and the original roof was converted to a Mansard configuration. Other than age the building has no architectural significance. However, an • HPB Staff Report 11 S. Swinton Avenue Professional Office Building-COA-288(Site Plan Approval) Page 6 engineer's report determined that the building is structurally unsound. As the structure is in poor condition and none of its original features remain intact, staff supports the demolition request. Unity of Title As the property incorporates 2 platted lots with improvements across lot lines, a recorded Unity of Title must be provided or a boundary plat processed, which has been listed as a condition of approval. <>R <' ,,>.::.::: : < ._;.> : N>' >> < > `>''>>' >< »> >> > >>''>>'><`'<i> 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. Section 3.1.1(A) - Future Land Use Map: The subject property has a Mixed Use Future Land Use Map designation and an OSSHAD (Old School Square Historic Arts District) zoning designation. The OSSHAD zoning district is consistent with the Mixed Use Future Land Use Map designation. Pursuant to LDR Section 4.4.24(B)(2), within the OSSHAD, professional and business offices are allowed as a permitted use. Based upon the above, it is appropriate to make a positive finding with respect to the Future Land Use Map. 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, streets and traffic, drainage, parks and recreation, open space, and solid waste. 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. HPB Staff Report 11 S. Swinton Avenue Professional Office Building-COA-288(Site Plan Approval) Page 7 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 the development of the property pursuant to the site plan will be 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 across the alley is an existing • commercial structure (Rhoden Building); south is an historic single family residence; to the west is an historic structure containing an office and residence; east is an existing commercial structure. Compatibility with the adjacent residences is not a major concern. The proposed office uses will be low intensity in nature and is appropriate in a mixed use district. The development proposal provides redevelopment of a property which will further support the re-birth of the downtown area, especially the OSSHAD zone district. The upgrading of the site will enhance property values in the area, and may be an inducement for the upgrading of nearby properties. Community Redevelopment Agency: At its meeting of September 12, 1996, 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. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The proposed office uses will be low intensity in nature and are appropriate in a mixed use district. The development proposal provides redevelopment of a property which will further support the re-birth of the downtown area, especially the OSSHAD zone district. The upgrading of the site will enhance property values in the area, and may be an inducement for the upgrading of nearby properties. • HPB Staff Report 11 S. Swinton Avenue Professional Office Building-COA-288 (Site Plan Approval) Page 8 >> CLT iE��.... :: :m. .:..: :> R ..::: ::: ::..: :.::.: :;::.: '> '> > < m >i::::::::::::..........::.....:.........:.....::>: f .11al.ah..'t'.f..1t..E.....A. ..'..'.f..0. 1 ...... .. 1. Continue with direction. 2. Approve COA-288 and the associated site plan, landscape plan and design elements for 11 S. Swinton Avenue Professional Office Building subject to conditions. 3. Deny approval of COA-288 and the associated site plan, landscape plan and design elements for 11 S. Swinton Avenue Professional Office Building with basis stated. A. Special Action Approve COA-288 for the demolition of the existing 1,840 sq.ft. convenience store based upon positive findings with respect to LDR Section 4.5.1(E). B. Site Plan Approve COA-288 for the site plan for 11 S. Swinton Avenue Professional Office Building based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan and Section 2.4.5(F)(5) subject to the following conditions: 1. That revised plans be submitted addressing the Site Plan Technical Items listed in the staff report; 2. That the site lighting fixture details and illumination information be indicated on the plans and comply with LDR Section 4.6.8 (Lighting); 3. That the electric, phone and cable service lines be located underground; and, 4. That a Unity of Title or boundary plat combining the two lots be recorded prior to issuance of a building permit. C. Landscape Plan Approve COA-288 for the landscape plan for 11 S. Swinton Avenue Professional Office Building based upon positive findings with respect to Section 4.6.16 with the following conditions: HPB Staff Report • 11 S. Swinton Avenue Professional Office Building - COA-288 (Site Plan Approval) Page 9 1. That revised plans be submitted which address the Landscape Plan Technical Items listed in the Staff Report; 2. That a Cocoplum hedge be provided along the west side of the handicap accessible parking space; 3. That Coconut Palms be provided rather than Queen Palms and planted on each side of the entry walkway; 4. That the interior landscape islands be provided with ground cover rather than sod to further xeriscape principles; 5. That within the front yard, curvilinear landscape beds consisting of ground cover be provided to further xeriscape principles and provide an interesting landscape design; and, 6. That a right-of-way permit be obtained from the City Engineer to install the landscape planter within Swinton Avenue. D. Design Eleme ts )� 0`r\! `�`� ' `� \�` �\"I .0� - o���.� �� Approve COA-288 for the design elements for 11 S. Swinton Avenue Professional Office Building based upon positive findings with respect to Section 4.5.1. Attachments: 2 a- 2� 6455 D Appendix A -2, •�0 ❑ Appendix B '� ❑ Site/Landscape Plan ❑ Architectural Elevations/Design Elements Report prepared by:Jeff Costello, Senior Planner 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: ❑ Water service will be provided to the site via a service lateral connection to an existing 6" water main located within Swinton Avenue. ❑ Sewer service will be provided to the site via a service lateral connection to an existing 8" sewer main located within the east/west alley along the north side of the property. ❑ Adequate fire suppression is provided via an existing fire hydrant located at the northwest corner of the site, adjacent to 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 preliminary drainage plan has been submitted indicating that drainage will be accommodated on-site via an exfiltration system and swale areas. There are no problems anticipated meeting South Florida Water Management District requirements. 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 study is necessary for impact fee purposes. A traffic analysis was prepared indicating that the conversion from 1,840 sq.ft. of convenience store use (747 average daily trips) to 3,100 sq.ft. of office use (102 average daily trips) will result in a decrease of 645 vehicular trips. Thus, the traffic generated will not have an adverse impact on this level of service standard or the surrounding roadway network. Based upon the above, a positive finding with respect to traffic concurrency can be made. 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. Solid Waste: Trash generated each year by the proposed 3,100 sq.ft. office building will be 5.4 pounds per square foot or 8.37 tons per year. The previous use (convenience store) generated 33.76 tons per year. The proposal will result in a decrease in trash generation and can be easily accommodated by the existing facilities. Thus, there will be no impacts on this level of service standards. ::»::>::::»::>:>::;::>::>::>::>:>::::;:::::>::>::>:::;:>::>:: A DARDS..ROR.SIT : . . : ; . . . . 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. 4 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 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- • ME . .. urn/ROR1CT DATA m ""�`�"' • I • ! • ■wo 'warm, I �`•MQIlM�M�f . "'♦"''. j! is 1 1Rti!?M! !MNej•' :G 1/ ■ �� :C":"---41111g NUMB..Ye MOB NeW EFf R KO I PLANT UST lm I m �'�aN.•• • Wry R 1 DI • yM, arc rnwYJ4494oI romp Mc/We"' I 60' a. .",. , �, A ce I r, r; �•1.. �. m nor...a� .rpl�..�.r. �lec• � IiFawn� '�I OK ROIY� LOT •I F'�(. I 1. Y IC.M Ilr��r yy prr Y i ......,.,• sue,.» ( " • •--�.,,,,wal^x '..�„ �� d-r;';�-i�;F;a �� � • r1� m L- I i; ■a193. ..2 ''UIWµ MOOrti IP.1101� I n /� I �•'41 =Mrs i' 1�'t �oo•rn .y.•wp w.q.•.i=.�i � I —i- -\111{/•'7Ur 1. " = I • • • .-- - ► I I..III i ;. I 4 Azizi OM 0 wow II 0• M R. _ 1I FlICRIMICHAL ▪ ..iw••.•..•w•r E 1•0 I ▪ ... m is I 1i I LOT •o Lam • - '--- impg: i�j ITT — -- —I p n 1311, i ,«,n+ 11 lES,j J. b 014 114, : •'• lit s it, Mir _ A•mrasle I •___ �.�� �r+w PO mac• arlw} ~M arw� Y .wws csn ..r'°'. sn►r • a r Aar 04 SIGNAGE DETAIL ILIA �- _ _ _ _ _ _ I ..� I-p I�Z, . . . . ._ . _.-,_ . _ . — . — . t•MIL.. 1 � I a .7 . . am t. -- ...ye ., ...� it 01 SITE PLAN IK.r-r ii .••r.. '. .... Ar� ,.•! t...,. avers i 1 MI If MO Rea I03 SIGNAGE DETAIL �+ ( I LOCATION MAP I'" I 10 NI ** 01COMMonru�wasr��wn aNO ve nal veal awm nasl..w ww NNRRII.OP Rn NO M nLLll IMOI 001NR,1{40l r Pimp l•••...A..m ,♦MOM M . 'v ?CF) "TOP OF PARAPET 0 Attorney at Law Dentist Branca •qA' _ .1r o0 00 oo �. _ o(5-- A rif.- l'... .1.-. io ,00 r� ) ii'S (1—) 01l WEST ELEVATION "— lNn9EIN@W. tIVICV li T 0 0 _` �-?? T 70P OP PARAPET U.MOM Y NAM 0 0 — 0 — — - MIMI °""P A .q-Or "CEILING O to Co SIM a s — — — — N.F — — — liona FIN.FL ,. XVED NOTES; 02 EAST ELEVATION I "'P.*' 0 NOVOSCO.amT ARP A/It1N WM 0.TC.TI _v.a.AIA. LrR.fM. WTTNdM MtII r OO TO Y-M S HIM0µ1g aRftleg•II M WENM.." CHI T"VN4"3" 0P.yWM . •,NT.IYa..V aIP C-••,, • •••,• 0.1.�w NNLT'OVNIPIA1*army r.._ ()crampoon,goon 0 RIT..CR 11,t0.N1.t.I.I..L.C1O tel T.OI.T.K1.1O�T.LM 1..iV..30R11.CTIWt* • .aT.yp O 0OWL70R_.0 APO 00MR.as. 11 00Y.1/110.w.Ow..s wao. M.M.sK1..1..w.M MP 11.N 1.1.4.0 • O r- +� 9TOP OI`PARAPtT IL — — CHIM6 <> < O 0 FM.FL. 01 NORTH ELEVATION v WW1 • Q a marmacv +16'-3'0 PLUM TOP OF PARAPFT e I. INCH tr CCILMG < O RCIIDA 0MAIM Yaw FM Oarsab 02 SOUTH ELEVATION IM"p_ KEY NOTES; i..ro.motMT.PA*%1 4were. O grVIMPA a1 1100. $"a ., 0 DORM*mews tt/ OATS O AT.MAW MN 3.M MJC1M 11101lTNONO♦VN W\NAM pOTOCT N1J.TR O coruct0R M O NO po Iva MQ ; Ya/i1/NW7 ww l'1�11-M.Iiln N/COS R M MI AM f • \� �. ................................................. :......:... �z1 Project Name: COA 8-272-Continuation Project Location: 2 East Atlantic Avenue ii�i�. :.v\:w::::•:4w:T:ii:•iiii}}iiiiiiii:•iiiiiiiiiii:•}}iiiiiiiv..iiii::.+:i}i?Tii?i:{iiJ:•ii4:•iiYr•i'•:i},'.;:^i:4::4iii?ii:_i: -. .:. :; :. ,} :::fi!iii?iliiiii'r>:^i::'^i.'^Wi}yiii};:+•:'•:T:•}}i}ii}i;4iiiY:Ji}iiiiiii •3:-El�::i� -VF:h-�:j :iJI+I��.:(�ii::.iiiiiiiii?k+i:•i:•ii-:.:::::::::::::::.v.::::::::::::w:::::•::v:0::•: - The action requested of the Board is that of approval of COA 8-272 Continuation for changes to a previously approved facade. On February 7, 1996 the Board approved as presented the facade elements for the subject property. The approved drawings are attached to the report. The applicants have applied for a building permit which is inconsistent with the approved plans. The inconsistencies are as follows: • The existing canvas awning and the through wall NC unit are to remain on the north elevation. The approved plans indicate removal of awnings and the A/C unit. • The existing storefront doors are to remain in the north elevation. The approved plans have new storefront doors of a different style. • The existing aluminum awning windows on the second floor are to remain. The approved plans call for new single hung sash window. • • The existing store front windows on the west elevation are to remain. The approved plans show new single pane storefront windows. • The existing storefront doors and frames are to remain on the west elevation. The approved plans indicate new doors in a different style. • Shutters are omitted from the second floor windows. As a condition of approval the Board required that operable wood shutters be installed on the second floor windows. Meeting Date: September 18 , 1996 Agenda Item: IV-E HPB Staff Report COA 8-272 Continuation • Page 2 The applicant stated that the owners would like to complete the project in phases. However, as the existing walls are to be covered with the Dryvit wall system it seems impractical to install new windows and doors after the system is in place. Additionally, phasing the project would result in a haphazard and inconsistent mix of styles which would be inappropriate to the structure during the time period between the construction phases. Staff recommends that the project proceed as approved and not be completed in phases. 11111.0.0.0.0.0111111111111111010044. P.:::::::::::::: 'J' !C�.::::::::::::::::.::::::1,11PERINIMP:; A. Approve the revised plans as submitted with the building permit application. B. Approve the project to be completed in phases C. Deny the proposed changes and require that the development be • completed at one time as indicated on the approved plans. A. Deny the changes proposed on the building permit application and require that the development.be completed at one time with the materials indicated on the approved plans. file/coa272cr . . ' • . . . . • • . • , . • . _____k-,:•.:±; . / 1111Itn1ttr Tr... E ,..._ Ile tokcik Int,. .1 111 Ili 1 MI lel tie .--•-4.-=•I. •-•$111 ,__,I —4—— — — ,..„..._..... r The Tattered Book Insurance Physician Fine Art Flowers ice Cream , rammumer • =...—_•9 r 4119 IIIII '1411 L _. MIMI■ ____., • . 2 E. Atlantic Avenue PR '._..:iPOSED WEST ELEVATION /9hr,eda&--- .2/7hc . . • "=a I Li 1 Attorney at Law The Tattered Book — 4 �== 4 9 - - P ~oo DO [ool oo 2 E. 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Project Name: COA-297 Project Location: 235 N.E. 1st Avenue (Banker's Row) The action requested of the Board is that of approval of COA-297 to allow the renovation of the front facade of a contributing single family residence in the Old School Square Historic District. The house is one of the original Mackie cottages designed by the Miami architectural firm of Paist & Steward and was built in 1938. It is of wood frame construction on a pier foundation and is designed in the Minimal Traditional style. A guest cottage in the rear was also constructed in 1938. The house and cottage retain the original wood siding, attic vents and some of the original 1/1 wood sash windows. The applicant is proposing to enclose the garage and the front porch. Both the garage and porch floors will be raised to the level of the main house. Garage The garage door will be removed and the opening will be infilled with matching clapboards and a double window 6' X 4.5'. Porch The porch will be enclosed as follows: The screening and porch door will be removed. The new door opening will be located to the north of the porch wall. The original glass paneled front door, which is inside the porch, will be brought forward; side-light windows will flank the door. A double window to match the garage window will be installed on the porch wall, to the south of the door. The remaining front wall will be infilled with clapboard to match existing. Other • The original 1/1 single hung wood window on the front elevation (south of the porch) will be replaced. Meeting Date: October 2, 1996 Agenda Item: III-C HPB Staff Report • COA-297 Page 2 • All the new windows and the replacement window will be factory finished white aluminum with a wood trim. • Factory finished white aluminum sliding glass doors will be installed on the north side of the garage. The doors are not visible from the street. • Wood Bahama shutters will be installed on all front and south windows. • A shed style canvas awning will be installed above the front door. • New front steps will be installed to accommodate the increased height of the porch floor. • Rotted or damaged siding on both the house and the rear cottage will be repaired or replaced to match existing. • The house and cottage will be repainted. The main color is to be pale green; the trim is to be cream; the Bahama shutters and front door awning will be medium green (similar to the color scheme of the Tennis Center). Color samples will be available at the meeting. • All original detailing, attic vents, corner boards, "X" patterned` paneling over the front porch will remain intact. >::>:: :::>::>::>::>::»:::::::::::>:::::: ::::::::»:::»::>::>::»::>::::::>::::::>::>::>::>::>:::<: Staff recommended that the applicant replace the windows with wood windows. However, the applicant, for reasons of cost and perceived maintenance problems, prefers to install aluminum windows. Wood windows with a 1/1 configuration would be the most appropriate installation. However, the Board has approved good quality aluminum windows for contributing houses when they are the same size and configuration as the original and when they are trimmed out in wood to match the original. The use of Bahama shutters will partially obscure the windows from the street. Window - specification sheets, as well as cost differential, will be available at the meeting. 1. Continue with direction. 2. Deny with reasons stated. 3. Approve as presented. HPB Staff Report COA-297 Page 3 1. 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''' kza r. & Tsz F?�hCC-- i•fc F'{ov� � �. t.. _ law • ,• M i+ G ;v r 7. h� e i • •r • • y}; t. r J l 8 15 ' ..,ter:•;,•. . -.• / • - .. i•tion' the south 44.0 feet, and the north 11.5 feet /lock 74, a subdivision of block 74, delray , florida, 7- ,. to the plat therof as recorded in plat book 11, page Ac records of palm beach, county. - .'' cations: sunbelt title agency, patricia a. kaufman, fss financial corp., a florida corporation, its successors • -or assigns, and great western bank, a federal savings bank, sierra western mortgage company, its successors and/or assigns, /•mmonwealth land title insurance company. 5 • / flood data: flood-zone: -x, community number: 125102, panel +' f,- number: 0004d _fit-1. ...ago. ••— - -T- r *.. r , .?' ti i1 " it L_o•t- 2 T.bLCac.IG.-14 i % t i i. 4 li p 11.1 •Gg' is I , .� L " y ONG. � O 'ci../C_ '19 'F0 •OaT •i ') A PJC,L-TI'I 1n N....._oc,c- ,"i' o oI- i l 0L.�.�� � A I� s � _ • 11 1 4 z N I U, yr u�,cj L" Z0 :zo 4, •f .T I.o�' ilt IC i P I° 12 • - .1 I L_.•or r3 TiLoc'G--14 boundary surveyprepared for mortgage purposes only. any Pli . _._ additional information please contact this office • GENERAL NOTES: ' • 1. LEGAL DESCRIPTION FURNISHED BY CLIENT-NO FURTHER SEARCH OF PUBLIC RECORDS WERE MADE BY THIS OFFICE. 2. ANY ELEVATIONS SHOWN HEREON ARE PER NATIONAL GEODETIC VERTICAL DATUM OF 1929. 3. NO EXCAVATIONS PERFORMED AS TO DETERMINE UNDERGROUND ENCROACHMENTS,IF ANY.IE FOUNDATIONS.SPRINKLER SYSTEMS.ETC.... 4. DISTANCES AND ANGLES ARE FIELD MEASURED AND CORRESPOND WITH RECORD INFORMATION EXCEPT WHERE NOTED. LEGEND: 14/1 • NAIL AND TAB IR •IRON ROD IS •SURVEYOR AND MAPPERS ID RNF =RIGHT-OF-WAY - P.C. •POINT OF CURVATURE P.R.M. =PERMANENT REFERENCE MDNUMENT CA •CENTRAL ANGLE CHAT. •CHATA}IOOCHFE P.T. •POINT OF TANGENCY P.C.P. •PERMANENT CONTROL POINT R =RADIUS/RADIAL q. =PROPERTY UNE PAC. •PONT OF REVERSE CURVATURE P.O.B. •POINT OF BEGINNING AL •ARC LENGTH EASE =EASE4EM P.C.C. •PONT OF COMPOUND CURVATURE P.O.C. =PONT OF COMMENCEMENT ,It •CENTERLINE L r LEGAL DESCRIPTION (Aq- MEASLY7ED - C .. •CALCULATED _ w 9.`.-..+ i�,',YU,E, s.UTUIIYEASEMEM" _. -:'."•'` � O.E.._"i-DRANAGEEASEMEM .':-: - ,r '�I'FIELDDAIE'n``-`-'09/2O/95• SCALE: '1T 30 DRAWN BY: Clem INVOICE NUMBER: 9984 - -4.4 •.REVISION: REVISION: - .. I GT SURVEYING u� EBYCERTIFYTHATTHISSURVEYWASMADEUNDERMYRESPON- • SERVICES, INC. CHARGE AND MEETS THE MINIMUM 7ECNNICALSTANDARDS � - FORTH BY THE FLORIDA BOAr/D OF PROFESSIONAL LAND 4645 FL Suite 3,Southern Bivd. SURVEYORS W CHAPTER 61 IDA ADMINISTRATIVE COD •�" PURSUANT TO SECTION 027,FL DA STATUTES. West Palm Beach • Florida 33415 Office(407)689-0318 •SIGNED: O. , Fax(407)478-9075 • GINO FU o P.L-S 85044 Mobile(407)371-4066 P ESSIO OR AND MAPPER NOT V SEALED H MY EMBOSSED LAND SURVEYORS SEAL i • TRINITY LUTHERAN LAKE IDA ROAD N.E. 4TH ST. CASON - METHODIST } CHURCH I - J Q LLi lal W . IUJ Y —> ¢ ¢ ¢ ¢ O ¢ w MIli lil _ N.W. 3RD ST. D N.E. 3RD W S MO Mr Mil ME ��111.11 Mil IIIIIII Mil • >a MN NM S =ice= Z _ - CIIIIIII_ �� MII N CITY `� NM 1111•1 = ME BUILDINATTORNEG �y NMI _ MARTIN LUTHER KING JR. BLVD. N.E. 2ND ST. Er- Z N - Z /. / 0 coCITY HALL o An N.W. 1ST ST. N.E. 1ST / ST. Z w Ili 0 z z COMMUNITY 0 o z CENTER Z SCHOOL Q z SQUARE cr I TENNIS V) - vi _ v STADIUM 1Li I Z � I ATLANTIC C AVENUE SOUTH .t 1 'ai. 3 `"I ¢ L`'r COUNTY o ,_ tea_ Q ¢I id COURT N ' z M HOUSE 3 N • "' vi vi N La 1n w w vi vi I N • ___ _ 235 N.E. 1ST AVENUE PLANNING DEPARTMENT COA-29 7 CITY OF DELRAY BEACH. FL -- DIGITAL BASE MAP SYSTEM -- MAP REF: 1M104 Project Name: COA-298 Project Location: 226/228 N.E. 5th Terrace 11111.111111111.111111IMEIRONosecommg. loomgammemommounini The action requested of the Board is that of approval of COA-298 to allow a noncontributing duplex to be re-roofed from cement tile to dimensional fiberglass shingles. I ::>::::>::>::>:«:>::::::>::»:<::<:>::::>::>: This duplex was constructed in 1961, the cement tile is the original roof. The applicant is requesting the change of roofing material for economic reasons, as the cost of cement tile is approximately twice the cost of fiberglass shingles. Documentation of undue economic hardship will be available at the meeting. 1. Deny with reasons stated. �2. Based upon positive findings to undue economic hardship, pursuant to LDR Section 4.5.1(H), approve the fiberglass re-roof. MIIIIIIIIIIIIIIIIIIIIIIIIMOOMMONOURNIEB1111111111111111111111111 1. Board's discretion file/coa298sr Meeting Date: October 2, 1996 Agenda Item: II-D