HPB 05-03-1995 DELRAY BEACH
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AGENDA
HISTORIC PRESERVATION BOARD MEETING
1993 CITY OF DELRAY BEACH
Meeting Date: May 3, 1995
Type of Meeting: Regular Meeting
Location: First Floor Conference Room
Time: 6 : 00 P.M.
If a person decides to appeal any decision made by the Historic
Preservation Board with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to
ensure that a verbatim record of the proceedings is made. Such
record includes the testimony and evidence upon which the appeal
is to be based. The City does not provide or prepare such
record. Pursuant to F.S.286 .0105 .
I . CALL TO ORDER
II . APPROVAL OF MINUTES: April 19, 1995
III . PUBLIC HEARING ITEMS:
A. Recommend to the City Commission that the property
owned by the Community Redevelopment Agency and known
as the Historic Monterey House be designated as a
Local Historic Site and listed in the Local Register
of Historic Places . ' The street address of the
property is 20 N. Swinton Avenue. The legal
description is as follows :
Block 60, Lot 12, Delray Beach, formerly Town of
Linton, Palm Beach county, Florida.
B. Recommend to the City Commission that the property
owned by the Community Redevelopment Agency and known
as the Historic Bungalow be designated as a Local
Historic Site and listed in the Local Register of
Historic Places . The street address of the property
is 24 N. Swinton Avenue. The legal description is as
follows :
Block 60, the South 50 feet of Lot 11, formerly
Town of Linton, Palm Beach county, Florida..
• C. Recommend to the City Commission that the property
owned Michael D. Bonchak and known as the Historic
Historic Preservation Board Agenda
Meeting Date, May 3, 1995
Page 2
Blank House be designated as a Local Historic Site and
listed in the Local Register of Historic Places . The
property consists of the historic single family
residence, a three unit apartment building, and a
garage apartment. The street address of the property
is 85 S.E. 6th Avenue. The legal description is as
follows :
Block 117, Lots 12, 13, and 14, Delray Beach,
formerly Town of Linton, Palm Beach County,
Florida.
IV. CERTIFICATES OF APPROPRIATENESS:
A. COA 8-246-Continuation, 15 N.W. 1st Street, New
Construction, Medical Office. Old School Square
Historic District. Michael Weiner, Authorized Agent.
Approval of modifications to previously approved plans
for exterior elevations with no change to the Site
Plan or Landscape Plan.
B. COA 8-248, The Anchorage Condominium, 60 Marine Way.
Contributing Building, Marina Historic District.
Dennis Nagel, Owner of Unit # 1.
Approval of window replacement in Unit # 1 .
C. COA 8-229-Continuation, Historic Bungalow, 24 N.
Swinton Avenue. Old School Square Historic District.
Ron Hoggard, Authorized Agent.
Approval for Community Redevelopment Agency Sign
V. DISCUSSION AND ACTION ITEMS:
Approval of Historic Preservation Board' s revised Rules and
Regulations .
VI . REPORTS AND COMMENTS:
A. Historic District Representatives
B. Board Members
C. Staff
VI . ADJOURN
POSTED ON: April 27 , 1995 •
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Patricia Cayc ` ric
Preservation Planner
STAFF REPORT
HISTORIC PRESERVATION BOARD MEETING
MAY 3, 1995
AGENDA ITEM III, A, B & C
ITEM BEFORE THE BOARD
The action requested of the Board is that of conducting a
public hearing to allow the public to comment on the proposed
historic designation of the three properties described in agenda
items III A,B & C. After the public has been heard, the Board
will vote to recommend to the City Commission that the subject
properties be designated as Local Historic Sites and listed in
the Local Register of Historic Places.
BACKGROUND
Sections 4 .5 . 1(B) (2) & (3) of the Land Development Regulations
of the City of Delray Beach outline the criteria for designating
properties or sites to the Local Register of Historic Places . It
suggests that at least one criteria from paragraphs (2) or (3)
must be met to justify designation.
RECOMMENDED ACTION
Approve by separate motion:
III-A HISTORIC MONTEREY HOUSE
Recommend that the City Commission designate this property as a
Local Historic Site and list it in the Local Register of
Historic Places, based on positive findings to LDR Section
4 .5 . 1(B) (3) (a) , (b) & (c) Criteria for Designation, "A building,
structure, site of district is deemed to have architectural or
aesthetic significance if it fulfills one or more of the
following criteria. "
(a) "Portrays the environment in an era of history
characterized by one or more distinctive architectural
styles . "
(b) "Embodies those distinguishing characteristics of an
architectural style period, or method of construction. "
(c) "Is an historic or outstanding work of a prominent
architect. "
Staff Report
Agenda Item III A,B & C
Meeting May 3, 1995
Page 2
III-B HISTORIC BUNGALOW
Recommend that the City Commission designate this property as a
Local Historic Site and list it in the Local Register of
Historic Places, based on positive findings to LDR Section
4 . 5 . 1(B) (3) (a) & (b) Criteria for Designation, "A building,
structure, site of district is deemed to have architectural or
aesthetic significance if it fulfills one or more of the
following criteria. "
.(a) "Portrays the environment in an era of history
'characterized by one or more distinctive architectural
styles . "
(b) "Embodies those distinguishing characteristics of an
architectural style period, or method of construction. "
III-C HISTORIC BLANK HOUSE
Recommend that the City Commission designate this property as a
Local Historic Site and list it in the Local Register of
Historic Places, based on positive findings to LDR Section
4 .5 . 1(B) (2) (a) Criteria for Designation, "A building, structure,
or site will be deemed to have historical or cultural
significance if it meets one or more of the following criteria:
(a) Is associated in a significant way with the life or
activities of a person important in the City ( for example,
the homestead of a local founding family) .
And Section 4 .5 . 1(B) (3) (a) & (b) "A building, structure, site of
district is deemed to have architectural or aesthetic
significance if it fulfills one or more of the following
criteria. "
(a) "Portrays the environment in an era of history
characterized by one or more distinctive architectural
styles . "
(b) "Embodies those distinguishing characteristics of an
architectural style period, or method of construction. "
file/y:staff-2
(b) "Embodies those distinguishing characteristics of an architectural style
period, or method of construction."
(c) "Is an historic or outstanding work of a prominent architect."
B. Recommend to the City Commission that the Property Owned by the Community
Redevelopment Agency and Known as the Historic Bungalow be Designated as a
Local Historic Site and Listed in the Local Register of Historic Places. The
Street Address of the Property is 24 N. Swinton Avenue.
It was moved by Mr. Vaughan, seconded by Mr. Jamison and passed 5-0 to
recommend that the City Commission designate 24 N. Swinton Avenue as a
Local Historic Place, based upon positive findings with respect to LDR Sections
4.5.1(B)(3)(a) and (b) Criteria for Designation, "A building, structure, site of
district is deemed to have architectural or aesthetic significance if it fulfills one or
more of the following criteria:"
(a) "Portrays the environment in an era of history characterized by one or
more distinctive architectural styles."
(b) "Embodies those distinguishing characteristics of an architectural style
period, or method of construction."
C. Recommend to the City Commission that the Property Owned by Michael D.
Bonchak and Known as the Historic Blank House be Designated as a Local
Historic Site and Listed in the Local Register of Historic Places. The Property
consists of the Historic Single Family Residence, a Three Unit Apartment
Building, and a Garage Apartment. The Street Address of the Property is 85
S.E. 6th Avenue.
It was moved by Mr. Jamison, seconded by Ms. Morgan and passed 5-0 to
recommend that the City Commission designate 85 S.E. 6th Avenue as a Local
Historic Place, based upon positive findings with respect to LDR Section
4.5.1(B)(2)(a) Criteria for Designation, "A building, structure, or site will be
deemed to have historical or cultural significance if it meets one or more of the
following criteria."
(a) "Is associated in a significant way with the life or activities of a person
important in the City(for example, the homestead of a local founding family)."
And Section 4.5.1(B)(3)(a) and (b) "A building, structure, site of district is
deemed to have architectural or aesthetic significance if it fulfills one or more of
the following criteria."
(a) "Portrays the environment in an era of history characterized by one or
more distinctive architectural styles."
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(b) "Embodies those distinguishing characteristics of an architectural style
period, or method of construction."
IV. CERTIFICATES OF APPROPRIATENESS:
A. COA 8-246-Continuation: Open M.R.I. of Delray; 15 N.W. 1st Street; Old
School Square Historic District; New Construction of a Medical Office Building;
Michael Weiner, Authorized Agent; David Zelch, Architect.
It was moved by Mr. Jamison, seconded by Ms. Morgan and passed 5-0 to
approve COA 8-246-Continuation for the modifications, based upon positive
findings with respect to LDR Section 4.5.1(E)(7), Development Standards for
New Construction, provided that all conditions of the previously approved plans
are adhered to.
B. COA 8-248: The Anchorage Condominium; 60 Marine Way, Unit 1;
Contributing Building;Marina Historic District; Dennis Nagel, Owner.
It was moved by Mr. Jamison, seconded by Ms. Morgan and passed 5-0 to
approve COA 8-248 for the window based upon positive findings with respect to
LDR Section 4.5.1(E), with the condition that mullions or vertical frames be
added to offset the effect of a picture window; and that if the window is ever
replaced it should be with an appropriate wood window.
C. COA 8-229-Continuation: Community Redevelopment Agency's Office; 24 N.
Swinton Avenue; Historic Bungalow; Old School Square Historic District; Ron
Hoggard, Authorized Agent.
It was moved by Mr. Vaughan, seconded by Mr. Jamison and passed 5-0 to
approve COA 8-229-Continuation for a free standing sign based upon positive
findings with respect to the Delray Beach Design Guidelines, Signage.
V. DISCUSSION AND ACTION ITEMS:
Approval of Historic Preservation Board's revised Rules and Regulations.
It was moved by Mr. Jamison, seconded by Ms. Morgan and passed 5-0 to approve the
revisions to the Historic Preservation Board's Rules and Regulations as presented.
VI. REPORTS AND COMMENTS:
A. Reports from Historic District Representatives
None
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B. Board Members
None
C. Staff
None
VII. ADJOURNMENT:
There being no further business before the Board, Mr. Jamison moved to adjourn the
meeting at 7:00 P.M., seconded by Ms. Morgan 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 May 3, 1995, which were
for ally adopted and aptciyed by//the Board on May 17, 1995.
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.
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MINUTES OF THE HISTORIC PRESERVATION BOARD
CITY OF DELRAY BEACH
DELRAY BEACH, FLORIDA
PUBLIC HEARING
MEETING DATE: MAY 3,1995
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 Miller, John Vaughan, Charlie
Williams, Sandy Jamison, Julie Morgan
MEMBERS ABSENT: Betty Devitt, Vera Farrington
STAFF PRESENT: Pat Cayce, Diana Mund
II. APPROVAL OF MINUTES:
The Minutes for the Regular Meeting of April 19, 1995 were before the Board for
consideration. Mr. Vaughan moved to approve the Minutes as presented. The motion
was seconded by Ms. Morgan and passed by a vote of 5-0.
III. PUBLIC HEARING ITEMS:
A. Recommend to the City Commission that the Property Owned by the Community
Redevelopment Agency and Known as the Historic Monetery House be
Designated as a Local Historic Site and Listed in the Local Register of Historic
Places. The Street Address of the Property is 20 N. Swinton Avenue.
It was moved by Mr. Jamison, seconded by Mr. Williams and passed 5-0 to
recommend that the City Commission designate 20 N. Swinton Avenue as a
Local Historic Place, based upon positive findings with respect to LDR Sections
4.5.1(B)(3)(a), (b) and (c) Criteria for Designation, "A building, structure, site of
district is deemed to have architectural or aesthetic significance if it fulfills one or
more of the following criteria."
(a) "Portrays the environment in an era of history characterized by one or
more distinctive architectural styles."
STAFF REPORT
HISTORIC PRESERVATION BOARD MEETING
MAY 3, 1995
AGENDA ITEM IV-A
COA 8-246-CONTINUATION
15 N.W. 1ST STREET
NEW CONSTRUCTION, MEDICAL OFFICE
OLD SCHOOL SQUARE HISTORIC DISTRICT
MICHAEL WEINER, AUTHORIZED AGENT
ITEM BEFORE THE BOARD
The action requested of the Board is that of granting approval
for modifications to the previously approved plans for the
exterior elevations for new construction of a medical office.
BACKGROUND
On April 5, 1995 the Board approved the elevations and design
elements, site plan and landscaping plan for new construction of
a two story medical office building to be located at the
northeast corner of N.W. 1st Avenue and N.W. 1st Street.
Because of cost constraints and the necessity to provide an
elevator to the second floor, the applicant is proposing to
eliminate the second story.
ANALYSIS OF THE PROJECT
The building will retain the same footprint as previously
approved. All design elements, windows, doors, siding, roofing
etc. , remain unchanged. The major area of change to the first
floor, as a result of eliminating the second story, is to the
west elevation (N.W. 1st Avenue) where a opposing gable roof
replaces the shed roof covering the west entrance.
No change to the site plan or landscape plan will result due to
the modification of the structure.
ALTERNATIVE ACTION
1 . Continue with direction
2 . Deny the modifications, based on failure to make positive
findings to Section 4 .5 . 1(E) (7) , Development Standards, New
Construction.
3 . Approve the modifications, based on positive findings to
Section 4 . 5 . 1(E) (7) , Development Standards, New
Construction, providing that all conditions of the
previously approved plans are adhered to.
A Staff Report
COA 8-246-Continuation
Page 2
RECOMMENDED ACTION
1 . Approve the modifications, based on positive findings to
Section 4 .5. 1(E) (7) , Development Standards, New
Construction, providing that all conditions of the
previously approved plans are adhered to.
file/y:weiner-4
•
STAFF REPORT
HISTORIC PRESERVATION BOARD MEETING
MAY 3, 1995
AGENDA ITEM IV-B
COA 8-248
THE ANCHORAGE CONDOMINIUM
60 MARINE WAY, UNIT #1
MARINA HISTORIC DISTRICT
DENNIS NAGEL, OWNER OF UNIT #1
ITEM BEFORE THE BOARD
The action requested of the Board is that of granting approval
to allow a previously installed fixed single pane window to
remain in Unit #1.
BACKGROUND
The Anchorage was constructed in 1941 and was designed by
renowned Palm Beach architect, Gustav Maass . Originally built
as an owner' s apartment with income rental units, it became a
condominium in 1979 .
Several months ago the applicant removed an existing existing
wood casement window, which was not original to the structure,
in unit #1 in order to repair water damage caused by tropical
storm Gordon. He found the window rotted and in poor repair and
installed the fixed single pane window as a temporary
replacement. After surveying the condition of the wall, sill
and window he decided to make the temporary window a permanent
replacement. The applicant did not apply for a building permit
or a COA.
From the original plans for the structure it appears that some
of the windows were casement and some were double hung, all had
mullions . Over time, some of the windows have been replaced
with aluminum awning windows and wood casement of the type the
applicant removed.
In 1990 the Anchorage condominium association came before the
Historic Preservation Board to seek approval to remove existing
wood windows and install double hung aluminum windows in unit
# 5 (second floor east) . The Board denied the application and
directed the applicant to get estimates for a wooden window to
match the existing window and frame. If the cost of replacement
proved to be prohibitive the applicant was was asked to return
to the Board for further consideration.
STAFF COMMENTS
This is one of the most architecturally significant buildings in
the Marina Historic District. It is regrettable, and a
detriment to the integrity of the building, that over time the
windows have been replaced in such a haphazard and
inappropriate manner.
The Board' s previous action of denial for aluminum windows sets
a precedent for future such installation. This application does
not involve the use of aluminum windows . It does however,
present still another style of window to the facade of the
building, a picture window. Picture windows (single large fixed
panes) are associated with post WWII construction and are not
appropriate to the age and style of the Anchorage.
If the Board denies the application it must take into
consideration that the window that was replaced was not
original to the structure. Therefore, it would not be
appropriate to require the applicant to provide a replica of the
original, but only one more compatible to the building.
ALTERNATIVE ACTION
1 . Deny the application based on the previous action of the
Board to deny the installation of aluminum windows; and
based on failure to make positive findings to Section
4 . 5 . 1(E) .
2 . Approve the window as presented based on positive findings
to Section 4 .5 . 1(E) .
3 . Approve the window based on positive findings to Section
4 .5 . 1(E) , with the condition that mullions or vertical
frames be added to offset the effect of a picture window;
and that if the window is ever replaced it should be with
an appropriate wood window.
RECOMMENDED ACTION
1 . Board's discretion.
file/y:nagel-1
APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS
HISTORIC PRESERVATION BOARD
CITY OF DELRAY BEACH, FLORIDA
100 N.W. 1ST AVENUE
DELRAY BEACH, FLORIDA 33444
The Historic Preservation Board meets on the first and
third Wednesday of each month. This application must be filed
15 days prior to the next available meeting.
Address of Property 60 Marine Way, Delray Beach, Fl. The Anchorage.
Affix One Clear Picture
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60 Marine Way
Property Address
Description Sheet.
This sheet supplements an application to the Delray
Beach,' Fl. Historic Preservation Board from Dennis M. Nagel
concerning the east window of Apartment #1 and the need to
improve it's physical integrity.
The faulty window, a replacement of the building's
original, was installed about the time the building was
converted to a condominium in 1979. It has serious
shortcomings in the area of rain protection and general
soundness. The window consists of three sections: a fixed
center section, and two outer sections that are intended to
be opened by a crank mechanism in the frame from the inside.
The accompanying photographs show several views of the
failing unit, with it's damage.
The style of the old window allows rain to easily enter
the trim around the window and eventually to drain into the
inside of the wall below the window, and onto the living
room floor. Over time, this has virtually destroyed the
plaster wall beneath it, and the base board, and has rotted
the lower wood portions of the window frame so that sealing
is now difficult, and the mechanisms for opening the two
outer sections no longer work.
Tropical storm Gordon, and the two other heavy rains we
experienced in November and December 1994 , demonstrated the
condition by pouring quite an amount of water onto the
living room floor and by keeping the wall in a constant
state of soak, rot, and decay. An emergency repair was
executed to stem the flood, and this application addresses
approval of that repair.
The repair method is to replace the window with a solid
glass pane to assure a seal to the outer portion of the
frame which will keep the water on the outside of the
building wall. Accompanying sketches shows the cross
section of the wall and the repair method. This repair
would not prevent the restoration of the building's original
window style in the opening at a later date, should it be
desired.
This Description Sheet is also accompanied with a site
plan of the Anchorage showing the location of the window in
question, and some photographs.
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Property Address
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Sixty Marine.Way, Delray Beach, Florida 33483:
27 Mar 1995
To: Whom it may concern
From: Board of Directors
The Anchorage Condominium Apartments Association, Inc.
60 Marine Way
Delray Beach, Florida 33483
Dear Sirs,
This letter addresses a request to the Anchorage Board of
Directors from the owner of Apartment one, Dennis M. Nagel,
concerning the front (east) window of the apartment and the
urgent need to improve the physical integrity of the window.
The window, a replacement installed about the time the
building was converted to a condominium in 1979, has serious
shortcomings in the area of rain protection and general
soundness. The faulty window consists of three sections: a fixed
center section and two outer sections that are supposed to open
by a crank mechanism in the frame.
The style of the window allows rain to easily enter the trim
around the window and eventually to drain into the inside of the
wall below the window, and onto the living room floor. Over
time, this has virtually destroyed the plaster wall and the base
board, and has rotted the lower wood portions of the window frame
so that sealing is now impossible and the mechanisms for opening
the two outer sections no longer work.
The necessary change is to replace the window with solid
glass to assure a seal to the outer portion of the frame and to
keep the water on the outside of the building wall.
The condominium Board of Directors approves of the necessity
and the planned method of changing the front window in the
Apartment.
Sincer ly,
Ms. Anne Mock, President Mr. Steve Marinak, Treasurer
Ms. El zabeth DeFelice, Secretary
STAFF REPORT
HISTORIC PRESERVATION BOARD MEETING
MAY 3, 1995
AGENDA ITEM IV-C
COA 8-229-CONTINUATION
24 NORTH SWINTON AVENUE
SIGN FOR COMMUNITY DEVELOPMENT OFFICE
OLD SCHOOL SQUARE HISTORIC DISTRICT
RON HOGGARD, AUTHORIZED AGENT
ITEM BEFORE THE BOARD
The action requested of the Board is that of granting approval
for a free standing sign to be located in front of the CRA' s
office, located in the Historic Bungalow, 24 N. Swinton Avenue.
ANALYSIS OF THE PROJECT
This is a two faced, free standing, non-illuminated, wooden
sign. The height of the signpost is 5 ' 6" from the ground and the
sign face is 3 ' x 3 ' 6" . It has raised copy and border, the
background is ivory and the copy is blue. A pineapple logo is
encircled at the top of the sign face.
The Building Department' s Sign Review Committee approved the
sign at its meeting of April 20, 1995 .
RECOMMENDED ACTION
Approve COA 8-229-Continuation for a free standing sign based on
positive findings to The Delray Beach Design Guidelines,
Signage.
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RULES AND REGULATIONS
CITY OF DELRAY BEACH
HISTORIC PRESERVATION BOARD
ARTICLE I
Section 1. Authority.
The Historic Preservation Board (hereinafter referred to as the Board) shall be
governed by Section 2.2.6 of the Land Development Regulations, of the Code of
Ordinances of the City of Delray Beach, and the rules and regulations as set forth herein,
when adopted by the Board and approved by the City Commission.
Section 2. Composition.
The Board is to consist of seven (7) members appointed by the City Commission.
The City Manager's designee shall act as the City Historic Preservation Planner, and will
- • serve as•Secretary of."the Board. --The. City Manager shall also` provide* a Recording • -:. • •
Secretary and such other assistance, expertise, and advice by his staff as may be required
• by the Board from time to time. •
• Section.3. Organization.. •
•
(A) The Board. shall elect a Chairman and Vice-Chairman from among its
membership each September. They will serve in this office for one calendar year, but for
no more than two (2) consecutive calendar years. The Chairman will preside over the
• . Board and will have the right to vote. •In the absence of the Chairman, the Vice-Chairman •
will preside. The Chairman shall appoint all committees that may be required.
(B) The Historic Preservation Planner shall conduct all correspondence of the
Board; maintain a file of the minutes of all meetings, indicating therein the substance of
the meeting, record attendance, the vote of each member upon each question, or if absent
or failing to vote because of a conflict of interest, indicate such fact; maintain records of
Certificates of Appropriateness and Appeals for a Variance and other official actions.
(C) A Recording Secretary shall be provided by the City Manager from among
the City staff and shall take and transcribe the minutes of each meeting of the Board.
Section 4. Absences.
A Board member absent at three (3) consecutive regular meetings, or any four
regular meetings in any 12-month period, shall constitute an automatic resignation from
the Board by such member, unless said absence is due to illness or other extraordinary
circumstances. Each board member shall be responsible for notifying the Secretary or the
. : • . . : -:Chairman.as•promptly.,as possible of any anticipated absence-from a Board meeting... In. •
addition to automatic resignation from the Board, a-Board member may.resign by filing a
written statement of resignation.with the Chairman of the Board. Furthermore, any
theniber may be. removed, with or' without cause, •by a: majority vote:•of The City
•
Commission. Replacement membership will be made by the City Commission in
accordance with the provisions of Section 2.2.1(F) of the Land Development Regulations:
•
ARTICLE II
Section 1. *Meetings. •
2
•
(A) Meetings shall be divided into three (3) categories: regular, special and
workshop.
(B) The Board shall conduct a regular meeting each calendar month. This
meeting shall be held in the evening hours (after 5:00 p.m.) on the first and third
Wednesday of each month, unless there is no cause to hold such meeting, or that date
falls on a holiday as designated by the City of Delray Beach. The Board, by a majority
vote of the Board present and voting, may change the day and time for its regular meeting
as long as no Board member would be subject to automatic removal by the change.
(C) A special meeting may be called by the Chairman or Vice-Chairman or by
petition signed by not less than four members of the Board. A special meeting may be
called subject to notification of the members in sufficient time so they may make
arrangements to attend.
(D) Workshop meetings shall be held as needed and may be called by .the
. " Chairman or Vice-Chairman. • • . .."
(E) Public hearings are to" be conducted in accordance with all .statutory
provisions. •
.. Public -hearings .are: required. by reason"_.of.the:filing of an""appeal: g".
variance to the City Code or for purposes of determining a historic district or historic site.
The public hearing may be held at a regular or special meeting.
Section 2. Quorum.
A Quorum shall consist of four (4) members of the Board in order to conduct any
of the meetings listed in Article II, Section 1.
Section 3. Personal Conflict of Interest.
3
Neither members of the Board, the Historic Preservation Planner, Board Secretary,
or a member of the City supportive staff shall appear or represent before the Board a
person or persons in any matter pending before the Board. No member of the Board shall
hear or vote upon a matter before the Board in which he or she is directly or indirectly
affected financially. Whenever a member of the Board has a personal, private, or
professional interest in any matter which is before the Board, that member shall disclose
said conflict of interest before discussion and vote, shall refrain from voting and shall file
the proper form setting forth such conflict with the Board Secretary pursuant to the
provisions of Chapter 112, Florida Statutes. If the departure of a member is required for
this reason and said departure no longer provides for a quorum, then the item before the
Board shall be continued and voted upon at the next regular or special meeting.
Section 4. Conduct of Meetings.
All meetings shall be open to the public.*. In the.event a witness or witnesses. are
. • required.to give testimony under oath; such oath shall be administered by.the.Chairman;-' • • .
• Vice-Chairman or Board Secretary. •
Section 5. Order of Business: . • :
(A) The order of business at regular or special meetings shall be as follows: (a)
Roll call (b) review and approval of minutes of previous meeting(s), as printed or
changed by deletion or substitution (c) approval of agenda (d) hearing of Certificate(s) of
Appropriateness and decision thereon (e) reports of Committees and special reports (f) . .
4
unfinished business (g) new business (h) adjournment. The Chairman may, at his or her
discretion, change the order of business.
(B) The order of business for public hearings is as follows: (a) Roll call (b)
purpose of public hearing (c) comments from the public or witnesses, pro or con (d)
rebuttal by witnesses, pro or con (e) close of public hearing (f) comments by members of
the Board (g) vote on item before the Board.
The Chairman may establish appropriate time limits for all arguments, but such
time limits shall be equal for both sides. Witnesses may be called and factual evidence
and exhibits may be submitted.
Section 6. Requirements.
The requirements of Section 4.5.1(J) of the Land Development Regulations and
the appropriate Florida Statutes shall be met prior to a public hearing on an appeal for
variance from existing ordinances. Requirements for a public hearing for designation of
a historic district or site, shall be met by fulfilling the provisions of Section 4.5.1 of the
Land Development Regulations.
Section 7. Decisions. •
Voting, at all meetings, shall be by roll call vote. Roll call may be in random
order. The Chairman shall vote last. The voting of each member shall be "yes" (in favor
of the motion), "no" (opposed to the motion), or "abstain" in the event of a conflict of
interest. The number of votes necessary to render a decision of the Board shall be
governed-by Section 2.2.6(C) of the Land Development Regulations. -
•
Section 8. Appeals of Decisions.
Appeals of decisions of the Board may be made at the appropriate time and in the
appropriate manner to the City Commission as set forth in the ordinances of the City of
Delray Beach.
Section 9. Rules of Procedure.
Robert's Rules, latest edition, shall govern all questions of parliamentary
procedures not specifically provided for herein.
ARTICLE III
Section 1. Amendments.
These rules and regulations may be amended by a concurring vote of four (4)
members of the Board with subsequent approval by the City Commission, provided that
the proposed amendment(s) has been presented to the Board at least five (5) working days
to the voting thereupon.
Section 2. Review.
These rules shall be reviewed by the Board not less than every two (2) years.
Recommendations for proposed amendments shall be made in writing and reviewed for
approval or disapproval of the legality, by the City Attorney's office prior to submission
to the Board.
Section 3. Effective Date.
6
,
These rules and regulations, and any amendments thereto, shall become effective
following their approval by the City Commission.
Section 4. Conflict.
In the event these rules and regulations, now or in the future, present a conflict
with any of the Code of Ordinances of the City of Delray Beach, then those Code of
Ordinances, then if effect, shall prevail. These rules and regulations of the City of Delray
Beach, Historic Preservation Board were adopted by the Board on the day of
Chairman, Historic Preservation Board
Passed and approved by the City Commission in regular session this day
of ,
Mayor, City of Delray Beach
ATTEST:
City Clerk, City of Delray Beach
hpbrules.rbs
7