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HPB 05-03-1996 OELRAY BEACH All-AmeticaCity 1993 AGENDA HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: May 3, 1996 Type of Meeting: Special 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. DISCUSSION AND ACTION ITEMS: A. Pursuant to LDR Section 4.5.1(C), Designation Procedures, Conduct a Formal Review of the Designation Report for a Six Property Historic District _ on S. Ocean Boulevard and Set a Date for a Public Hearing. The Street Addresses of the Properties are as Follows: 501, 511, 521, 601, 611, and 701 S. Ocean Boulevard. III. ADJOURN Pat Cay Historic Preservation Planner POSTED ON: MAY 2, 1996 MINUTES OF THE HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA SPECIAL HEARING MEETING DATE: MAY 3, 1996 LOCATION: CITY COMMISSION CHAMBERS 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, Debora Turner, Susan Hurlburt MEMBERS ABSENT: Julie Morgan, Vera Farrington, Pat Healy-Golembe STAFF PRESENT: Pat Cayce, Diane Dominguez, Diana Mund, Brian Shutt (City Attorney's Office) II. Pursuant to LDR Section 4.5.1(C), Designation Procedures, Conduct a Formal Review of the Designation Report for a Six Property Historic District on S. Ocean Boulevard and Set a Date for a Public Hearing. The Street Addresses of the Properties are as follows: 501, 511, 521, 601, 611, and 701 S. Ocean Boulevard. The following spoke in support of the item: • Carolyn Patton, 1020 Tamarind Road; • Joanne Peart, 107 N.W. 9th Street; • Alieda Riley, 65 Palm Square; • Rachel Camber, attorney; and, • Thomas Boucher, 790 Andrews Avenue, spoke for Mary Alfring, owner of 701 S. Ocean Boulevard. The following spoke in opposition: • Fred Devitt, 30 S.E. 4th Avenue; • Scott Elk, attorney for the owners of 601 S. Ocean Boulevard (William Snyder, Jr.), and 611 S. Ocean Boulevard (Frank McKinney); • Edwin Reynolds, 819 S. Ocean Boulevard; • Frank McKinney, owner of 611 S. Ocean Boulevard; and, • Marcie Nolan, spoke for the owner of 501 & 511 S. Ocean Boulevard (Mr. & Mrs. Nisbet), stated that they are neither for or against. After a brief discussion by the Board it was moved by Mr. Johnson, seconded by Ms. Hurlburt and passed by a vote of 4-0 to except the Designation Report for S. Ocean Boulevard and set June 19, 1996 as the Public Hearing date III. ADJOURNMENT: There being no further business before the Board, Ms. Turner moved to adjourn the meeting at 7:00 P.M., seconded by Ms. Hurlburt and passed 4-0. 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, 1996, which were formally adopted and approved by the Board on May 15, 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. -2 - 05/03/96 ti FIVE HISTORIC HOUSES ON SOUTH OCEAN BOULEVARD DESIGNATION REPORT HISTORIC PRESERVATION BOARD DELRAY BEACH, FLORIDA - 1 - DESIGNATION REPORT SOUTH OCEAN BOULEVARD TABLE OF CONTENTS I. GENERAL INFORMATION II. LOCATION MAP III. ARCHITECTURAL INFORMATION IV. HISTORICAL INFORMATION V. STATEMENT OF SIGNIFICANCE IV. BIBLIOGRAPHY AND SOURCES -2- GENERAL INFORMATION Location: The proposed district consists of five single family contributing residences and one new house under construction, located on the east side of State Road A-1-A. The northern boundary of the proposed district is the north property line of Government Lot 1-3, the eastern boundary is the Coastal Construction Line, the southern boundary is the south property line of Government Lot 1-8 and the western boundary is the east side of State Road A-1-A ( South Ocean Boulevard). The street address are as follows: 501 South Ocean Boulevard 511 " " 521 " " " 601 611 " " " House under construction 701 Present Zoning: Single Family Residential R-1-AAA. No change in zoning is proposed as a result of historic district status. Legal Description of the District: Township 46, Range 43, Section 21: The northern boundary is the north property line of Gov't. Lot 1-3 which is described as the south 100 feet of the north 495 feet of Government Lot 1, east of Ocean Blvd. The eastern boundary is the Coastal Construction Line. The southern boundary is the south property line of Gov't Lot 1-8 which is described as the south 120 feet of the north 1055 feet of Government Lot 1 lying east of Ocean Blvd. The western boundary is the eastern right-of-way of State Road A-1-A (South Ocean Boulevard). Classification for Designation: Architectural and cultural significance. Significance of the District's Boundaries: In the early to late 1930s, when prominent business leaders from the Northeast chose Delray Beach's ocean front as the location for their winter residences, they built them in this specific geographic area. Now, due to encroaching development from the south, this enclave of five remaining historic homes is seriously threatened and deserves the protection of historic designation. -3 - II. LOCATION MAP t �N A S S A U, S T. Q z p F W C BAY STREET Li I— Q LANGER WAY II In. II NI SEAGATE 1-' ' ♦,,, IIINA ROAD MANOR J-_'Q ' cc UBUCIDAR0. •••1 CC tal loom, ... ..............0 a *** 1�.:��:��:�� Z tal 111111,*. ••.•...•.. Li MELALEUCA RD. �0��f ♦��ig U I. 0 0 • — to }- TAMARIND RD.< iuiii . 00AIIII o BAUHINIA ROAD > -1 Q ¢ La (- X N c<i O Q . • }-- W O] ! Z AZALEA RD. Z Q le 1 0 ♦ D ♦ 1N • I N SOUTH OCEAN BOULEVARD -®- PLANNING OEPMTLENT HISTORIC DISTRICT OTY or OELRAY OEAOT.IL -- ONC?.TC 1315£MAP STTT£Y -- III. ARCHITECTURAL INFORMATION All the residences are named for their original owners and are listed in order from north to south. Information regarding the individual architects is found at the end of this section. 501 SOUTH OCEAN BOULEVARD: THE NISBET HOUSE Property Control Number: 12-43-46-21-00-001-0030 Original owner: William B. and Edith B. Nisbet Present owner: South PAC Trust, International Inc. Tr., 1450 S. Dixie Highway, Boca Raton, FL 33432 Architect: Unknown Date of construction: 1934 - 1938 Style: Monterey Vernacular The date of construction for the Nisbet House is listed on the Palm Beach County tax rolls as 1934. However, a warranty deed executed on April 19, 1938 states that William B. Nisbet and his wife Edith B. Nisbet purchased the vacant property from S. Fahs Smith and his wife Neville Mitchell Smith of York County, Pennsylvania, and Bassett W. Mitchell and his wife Mary Starr Mitchell, of Palm Beach County. There were interesting restrictive covenants to the deed; the house to be constructed on the property could cost not less that $10,000, with setback requirements as follows: side 10', front 20', and 20' from the "coastal vegetation line." Additionally, there was a height limitation for walls and fences; and a stipulation that electric wires had to be placed in conduits underground. Though the building's architect is unknown, it is obviously the work of a talented designer. Copies of the original elevations exist, however the architect's seal is illegible. It is possible that advanced computer enhancement could reveal the identity of the seal. The house has been home (through ownership and rental) to some of America's leading families, including: Seward Vanderbuilt Webb, Talbot T. Speer, prominent Maryland publisher; and Lerner B. Harrison, record- -5- holding national sport fisherman and descendant of Presidents William and Benjamin Harrison. The structure is primarily rectangular in form with a garage ell to the north. it is a two story structure of frame construction clad in horizontal wood clapboards. It has a hip roof configuration, the roofing material is composition shingle. The foundation is constructed of concrete piers. The windows are six over six pane double hung with operable wood shutters and floors of Dade County pine. The cantilevered second story balconies are typical of the Monterey style. The house underwent a complete renovation in 1993. At the time of this report, a two story addition consisting of a double garage and studio above is being constructed on the southwest corner of the existing structure. The addition was designed by Fort Lauderdale architect John W. Szerdi. t • y 141 , .. "-',--F -.----:. . ,.-, .1'. .. t �. � L I I Ir.A.•a{:y'g, /*r A•. _ :Lilo w: ..—..`...._t.:OW • It ' ^, a x � r . — ¢ ICQ �. � fi ,Irf 1 .. - .4;.''" - •• - V.:, .-t- ' .\`; , j / . - � ... , •ai 2;-r' '- t j -6- 511 SOUTH OCEAN BOULEVARD: THE RILEY HOUSE Property Control Number: 12-43-46-21-00-001-0040 Original owner: Mr. and Mrs. Melville Riley Present owner: Carl and Nancy Touhey 511 S. Ocean Blvd. Delray Beach, FL 33483 Architect: Gustav A. Maass Date of construction: 1939 Style: Resort Colonial The vacant property was purchased in 1936 by Mr. and Mrs. Melville F. Riley of Hagerstown, Maryland. Mr. Riley was the president of the Potomac Edison Company, one of the largest electric companies in the Northeast. The residence, completed in 1939, was designed in the Resort Colonial style by prominent Palm Beach architect, Gustav A. Maass. Willard M. Waters, well known Delray Beach builder, was the contractor for the project. Inhabited from 1939 through 1978 by the Riley family, the descendants of a leader in American business, this house attracted, like the houses on either side of it, prominent visitors. From a log kept by Melville F. Riley, Jr. the following leaders from the nation's political, arts and entertainment world came to 511 South Ocean Boulevard: Alben W. Barkley, Vice President during the Truman administration, Broadway producer Archibald Selwyn and St. Louis Cardinal's General Manager, Al Laing. Additionally, during World War II, when there was a great need for housing for the officers from the Boca Raton Air Station, General L.A. Lawson, the Commanding General of the Station, lived at 511; he later became the Commanding General at Okinawa. This house incorporates many of the details of design typical of residences designed by Gustav Maass. It is a combination of one and two stories, creating a variegated roof line of architectural interest. Constructed of fame and concrete block, the exterior finish is brick. The structure is set on a concrete foundation. It has a hip roof with a cement tile finish. Basically "U" shaped in form, it has a garage to the north of the "U". Casement windows with operable wood shutters compliment the exterior. The wood shutters and balconies front and back, coupled with brick construction typify the Resort Colonial style. -7- FPS '' x" �'.IP ; %4.k`� w� r. jT r • t Jrp • :` r , ' i i : `+ •N : •^','i , ' t \ I _ 1. .-,iii,„..? ' ;� 7 r� .., . __ r — is ;- -• - _ •— ' 1 • „; •-1.,,..,.,-4.:::•;..-4,,..-...,-''_-7. ',--.*--- ,::'•Vit.,-...":4,..A14.71.7:::::-..r; .4. .%,,.....1...A,'' ..s.,........ .xa r 7 F c, s 521 SOUTH OCEAN BOULEVARD: THE JOHNSTON HOUSE Property Control Number: 12-46-21-00-001-0050 Original owner: Percy Johnston, Jr. Present Owner: William and Anne A. Black Bridlespur Farm Keswick, VA 22947 Architect: Samuel Ogren Date of construction: 1938 Style: French Resort Colonial This island style French Colonial home was completed in 1938. It was designed by Samuel Ogren, Delray's mot prodigious National Register architect, for prominent New York broker, Percy Johnston, Jr. The four bedroom house is irregular in form, of concrete block construction with a stucco finish. It was constructed by the contracting firm of H.A. Anderson & Company of West Palm Beach. The primary gable roof runs north and south with a large chimney at the south end. The wood windows are six over six pane double hung with operative wood shutters. The form and massing of the house plus its exterior design elements associate it with the French West Indian Colonial style. Known locally as "Lemon Tree House", its name is derived from the ornamental lemon tree which has adorned the mailbox for over thirty years. fros ' •R n t L' tr • I f ght • • i S. :_Iw y;';;•.%:W'• • iv '�•�'^„r •741:11 ,.... ' i w;Y"iaa•�K�.+ts•yyL z+.•::.r.•..C't•- Syr.. . 4rfr • 2. 247 .4 .fir' • a•�'•t:~ • ' • . -9 - 601 SOUTH OCEAN BOULEVARD: THE SNYDER HOUSE Property Control Number: 12-43-46-21-00-001-0060 Original owner: William P. Snyder, Jr. Present owner: William P. Snyder III Blackburn Road Sewickley, PA 15143 Architect: Gustav Maass Date of construction: 1937 Style: Resort Colonial Constructed in 1937, the house was designed by prominent Palm Beach architect Gustav A. Maass. Though not built until 1937, the house was commissioned by William P. Snyder of Pittsburgh Pennsylvania in 1932; it is one of Maass's earliest commissions in the City. Mr. Snyder was the founder of the Snyder Mining Company and a descendant of Pennsylvania's first Governor, Simon Snyder. The present owner is the son of the original owner. Built in the Resort Colonial style, it is one of the oldest houses in the district. Its basic form is rectangular with a garage ell on the north side. It has two stories and is of frame construction on a concrete foundation. The exterior finish is horizontal wood siding. The . roof is hip and gable with a large chimney at the south end of the primary gable. It is an excellent example of New England Colonial styling adapted to the South Florida environment. ,.y5��. 'f C fcr,„ a` >,• r x ✓; i t. , ti Y. .. u-T t .ta .fq �- . ii TY rr - 10- 611 SOUTH OCEAN BOULEVARD: NEW HOUSE UNDER CONSTRUCTION Property Control Number: 12-43-46-21-00-001-00-0070 Present owner: Venture Concepts International, Inc. 72 S.E. 6th Avenue Delray Beach, FL 33483 The 21,000 square foot single family residence currently under construction was designed by the Delray Beach architectural firm of Kup- Vigneault. The house which formerly occupied this bite was constructed in 1936 and was designed by noted Miami architect, Carlos B. Schoeppl. While basically Mediterranean Revival in style the structure clearly shows the influence of the Art Moderne period which was extremely popular in Miami during the 1930s and 40s. The house was moved to the southeast corner of North Swinton Avenue and N.E. 12th Street, in January of 1996. The legal description of the new location is as follows: Dell Park Subdivision, Block 6, Parcel 2; a replat of Lots 13, 14, 15, 16 & 17. For additional information regarding the house and its architect please refer to the administrative file of the South Ocean Boulevard Historic District. - 11 - 701 SOUTH OCEAN BOULEVARD: THE NOYES HOUSE Property Control Number: 12-43-46-21-001-0080 Original owner: Julius W. and Rosita T. Noyes Present owner: Mary E. Alfring 701 S. Ocean Blvd. Delray Beach, FL 33483 Architect: Unknown Date of construction: c. 1939 Style: Mediterranean Revival This house was constructed c. 1939. The first known owners were Julius W. and Rosita de Texada Noyes. Mr. Noyes was affiliated with the Wall Street brokerage firm of E.F. Hutton & Co. Other residents have included William Grace Holloway, of the W.R. Grace family. The house is irregular in form surrounding an interior courtyard. It is constructed of reinforced concrete with an exterior stucco finish. The windows surrounds are constructed of coral rock and the windows are covered with delicate iron grilles. The floors are a combination of cypress, hard pine, marble and terrazzo. The roof is a combination of hip and gable and is finished in terra cotta tile. Although the architect is unknown, it is obviously the work of a gifted designer. That great care was taken with the aesthetics of the house is evidenced by the fact that the swimming pool, which was constructed at a later date, was designed by renowned Palm Beach architect, John Volk. h. .`,•1.7-1••••''•• '..‘, .::-.1:4-57....y...r.:P47 .±t"t*,. 44 OR dR 'S ,.,.p . sli{t, 3}..R '�• it Ot te �,? "•fly �N'� - • • "^—�� • ' , *•- ix tits , : f`C - 12- The Architects Gustav A. Maass Mr. Maass graduated from the University of Pennsylvania's School of Architecture. He settled in Palm Beach, Florida, in 1927 and went into partnership with rising young architect, John Volk. The partnership lasted approximately five years, terminating in 1932. Maass's work was popular in Delray Beach; his commission records indicate that from 1927 to 1957 he designed twenty two buildings in the City, including four commercial buildings on East Atlantic Avenue; the Sandpatch Building, Love's Drug Store, Zuckerman's Department Store (now Mercer Wenzel's) and the Seaboard Air Line Railway station (no longer accessed from Atlantic Avenue) which is listed in the National Register of Historic Places. Samuel Ogren Samuel Ogren, while working for the West Palm Beach architectural firm of William Manley King, designed his first house in Delray Beach , 704 N. Swinton Avenue, in 1924. Establishing his own practice in the City, he became Delray's most illustrious and prolific architect. While retaining his private practice, he served for a time as official architect to the City and designed everything from fire stations to schoolhouses. In 1926 he designed the Delray Beach High School and Gymnasium, both buildings, constructed in the Mediterranean Revival style, are listed in the National Register of Historic Places as part of the Old School Square designation. - 13- IV. HISTORICAL INFORMATION In the prosperous decade following WW1 Delray Beach was caught up in the great Florida Land Boom of the 1920s. Houses and commercial buildings were built almost over night. The prevailing style, rich in exterior detail and decoration, was the eclectic Mediterranean Revival style. In an era of ever expanding personal wealth, it was the fashion to demonstrate ones financial acumen by building in this highly visible style. The Land Boom reached its end in the spring of 1926 and plunged South Florida into a depression at least three years before the rest of the country, when the stock market crash of 1929 sent the nation into the worst economic depression of its history. Delray Beach weathered some lean years but its recovery was earlier than most of South Florida. The area did not lose its appeal to those who could afford winter homes. Well known artists, writers and cartoonists established a winter "artists colony" and wealthy industrialists were attracted by the low-keyed village atmosphere and the lack of dire want which was affecting the rest of the country. The houses in the district are a reflection of these troubled times. In spite of the Great Depression there was still a great deal of residential construction in the City, much of it built by wealthy winter residents. A post-Depression building boom began in Delray Beach in 1935, when the population of the city was almost equally divided between permanent residents and winter visitors. October, 1938 was the busiest month for construction in the City since 1925. The highest total dollars, $133,365 worth of building permits were issued in October, 1938. The majority of new construction was designed in some adaptation of what has become known in the City as, the Resort Colonial style. This relatively simple style was in deliberate contrast to the more flamboyant and exuberant Mediterranean Revival style which was in vogue only a decade before. The style was more modest in its exterior presentation and was thought to be more appropriate during the difficult financial times affecting most of the country. While the exterior was relatively plain and lacking in ostentation, the interiors were often beautifully crafted and detailed. Four of the houses in the district reflect an interpretation of the Resort Colonial revival style; the other one has its origin in the Mediterranean Revival style but is a great deal more restrained with respect to exterior detailing than those built in the 1920s. - 14- V. STATEMENT OF SIGNIFICANCE As described above the South Ocean Boulevard Historic District is a specific area of architectural and cultural significance. Culturally it represents an era in the history of Delray Beach which reflects the period between the stock market crash of 1929 to the advent of WWII. Throughout the period of the Great Depression, Delray continued to grow in a manner unique in South Florida. Individuals of wealth and position, as well as the flourishing artist colony, fueled the growth in construction which in turn allowed many of the City's fine builders and craftsmen to withstand the withering economy. This was a ten year window of opportunity, in which the City solidified its position as a "village by the sea". The effect of the Resort Colonial style of architecture, designed by prominent architects and commissioned by winter visitors, on expensive ocean front property, can be seen in more modest interpretations throughout the City. However, the four examples of the style in the proposed historic district are the last remaining in the City which are located directly on the oceanfront To insure that this area is afforded protection from inappropriate alterations which may affect the integrity of this distinctive beachfront neighborhood, it is proposed that it be designated as an Historic District under the provisions of Section 4.5.1 of the City of Delray Beach's Land Development Regulations. Criteria for Designation To qualify as an historic district the properties must fulfill one or more of the criteria set forth in Section 4.5.1(B)(2) or (3) The proposed district more than meets the criteria for designation and fulfills the qualifications as follows: 4.5.1(B)(2) Historical or Cultural Significance (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history. 4.5.1(B)(3) Architectural or Aesthetic Significance (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles. (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 - 15- IV. BIBLIOGRAPHY AND SOURCES City Building Cards City Building Permit Records Palm Beach County NAL File Surf and Tide Magazine, January 26, 1940 Delray Beach City Directory, Volume III, 1953-54 Delray Beach News: • December 14, 1934 • June 26, 1936 • February 24, 1939 • April 21, 1939 The Social Index-Directory; Palm Beach, Southern Florida, Gulf Coast, Bahamas; 1974; Memoirs, Melville F. Riley, Jr. Unpublished Memoir Grolier Encyclopedia of Knowledge, Volume IX, Published 1993. S:PLANNI/OCEANH-D.DOC - 16- ADDENDUM Of the twenty five original single family residences located on the east side of State Road A-1-A between the south end of the City's public beach and Linton Boulevard, six have been demolished, two have been moved and one has been remodeled and enlarged to an extent that the original structure is unrecognizable from the exterior. II SLACAJE uwln.w,' /1 ,two 1 Lwe' AM piIii!4 I iivaI MEOW*, 11111 aii• Moved or Demolished TMd O KO n. Ts al-Int EL it liPli MI ili wig , il, LiJ Willi 0 4lz - 0 _ 0 �_ ISM CaK �. 'a,,,, Illlill ( � `ll11 W. RL a_ - -: 0 I • RM o il W AllANnc Aid wnaT.uw • -- PARK TA SN ‹C I _ A R O AGENDA HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: May 15, 1996 Type of Meeting: Regular Meeting Location: 1st 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. 1. CALL TO ORDER II. APPROVAL OF MINUTES • May 1, 1996 & May 3, 1996 III. PUBLIC HEARING ITEMS A. Variance Request 88-44: 9 N.E. 2nd Street. Conversion of Residential Property to a Business Office; Contributing Structure, Old School Square Historic District; Bill Branning, BSA Construction, Owner. Requesting Relief from LDR Sections 4.6.9(D)(3)(b), 6.1.4(B)(1) and 4.6.9(D)(2). The requested variances are associated with the parking lot design requirements necessary to allow the conversion of residential property to commercial use. IV. CERTIFICATES OF APPROPRIATENESS A. COA 8-273: 9 N.E. 2nd Street; Contributing Structure; Old School Square Historic District; Bill Branning, BSA Construction, Owner. Approval for Site Plan; Landscape Plan; and Design Elements. V. REPORTS AND COMMENTS A. Reports from Historic District Representatives B. Board Members C. Staff VI. ADJOURN Pat Cayc Historic Preservation Planner POSTED ON: MAY 9, 1996 MINUTES OF THE HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA PUBLIC HEARING MEETING DATE: MAY 15, 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, Julie Morgan, John Johnson, Vera Farrington, Debora Turner, Pat Healy-Golembe, Susan Hurlburt STAFF PRESENT: Pat Cayce, Jeff Costello, Diana Mund, Brian Shutt (City Attorney's Office) II. APPROVAL OF MINUTES: The Minutes for the Regular Meeting of May 1, 1996 and the Special Meeting of May 3, 1996 were before the Board for consideration. Ms. Turner moved to approve the Minutes with the following changes: Susan Hurlburt's name be added under "Members Present" for the May 1, 1996 minutes; and, Gustav Maass be changed to William Snyder, Jr. for the May 3, 1996 minutes. The motion was seconded by Ms. Hurlburt and passed by a vote of 7-0. III. PUBLIC HEARING ITEMS: A. Variance 88-44: 9 N.E. 2nd Street; Contributing Structure; Old School Historic District; Bill Branning, BSA Construction, Owner. Item Before the Board: The action requested of the Board is that of approving variances associated with the parking lot design requirements necessary to allow the conversion of residential property to a commercial use. It was moved by Ms. Turner, seconded by Ms. Golembe and passed 7-0 to approve the variance request to LDR Sections 4.6.9(D)(3)(b) and 6.1.4(B)(1) (Driveway Aisle Width) to allow the existing driveway width to remain 10 feet wide and to allow a proposed circular driveway to be 11 feet wide for a two-way driveway, based upon a positive findings with respect to Section 4.5.1(J)(2), with the following conditions: • That the number of employees be limited to 4; and, • That if additional parking spaces are needed the applicant will take appropriate action to address this need. It was moved by Ms. Turner, seconded by Ms. Golembe and passed 7-0 to approve the variance request to LDR Section 4.6.9(D)(2) (Provisions for Ingress and Egress) to allow back-out parking for the handicap accessible parking space and for vehicles parked in the circular driveway, thus allowing an unconventional parking configuration, based upon positive findings with respect to Section 4.5.1(J)(2). IV. CERTIFICATES OF APPROPRIATENESS: A. COA 8-273: 9 N.E. 2nd Street; Contributing Structure; Old School Historic District; Bill Branning, BSA Construction, Owner. Item Before the Board: The action requested of the Board is that of approving a COA for site plan, landscape plan, and design elements. It was moved by Ms. Golembe, seconded by Ms. Morgan and passed 7-0 to approve the following waivers: 1. The waiver to LDR Section 4.6.16(E)(3), to not provide curbing adjacent to the landscape areas; 2. The waiver to LDR Section 4.6.16(H)(3)(d), to allow a reduction of the perimeter landscape strip width from the required 5' to 2' adjacent to the handicap accessible parking space only; and, 3. The waiver to LDR Section 5.3.1(D)(2), to reduce the required right-of- way width for N.E. 2nd Street from 60 feet to 50 feet, thus waiving the requirement for this property to dedicate 5 additional feet. It was moved by Ms. Turner, seconded by Ms. Morgan and passed 7-0 to approve a request for a parking reduction from 5 to 4 parking spaces in that the business office is a low traffic generator which will only have a maximum of 4 employees and minimal visitors with the understanding that the parking requirements will be revisited with any change of use which has a parking demand greater than this operation. It was moved by Ms. Morgan, seconded by Ms. Farrington and passed 7- 0 to approve a waiver to allow parking within the front yard in a paver block circular driveway as illustrated on the site plan. It was moved by Ms. Morgan, seconded by Ms. Farrington and passed 7- 0 to approve the use of concrete paver blocks compatible with Old Chicago Brick, for the front yard parking area as illustrated on the proposed site plan. -2- 05/15/96 It was moved by Ms. Turner, seconded by Ms. Golembe and passed 7-0 to approve COA 8-273 for the site plan for BSA Corporation 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: • That a commercial backflow preventer be installed and provided on the customer side of the water meter; and, • That an easement be provided for the sewer main which runs along the east side of the property. It was moved by Ms. Turner, seconded by Ms. Farrington and passed 7-0 to approve COA 8-273 for the landscape plan for BSA Corporation based upon positive findings with respect to Section 4.6.16, with the following condition: • That a note be indicated on the plans stating that a hedge be provided if the existing hedge on the adjacent property to the east (Banker's Row Parking lot) is removed. It was moved by Ms. Morgan, seconded by Ms. Golembe and passed 7-0 to approve COA 8-273 for the design elements for BSA Corporation based upon positive findings with respect to Section 4.5.1 subject to the following conditions: • That the handicapped ramp be provided with a vertical railing; and, • That a wheel stop be provided at the edge of the handicap ramp landing in accordance with ADA regulations. V. REPORTS AND COMMENTS: A. Reports from Historic District Representatives None B. Board Members The Board suggested the following for upcoming Historic Preservation Awards: • Skinner Dental Lab, 703 N.E. 3rd Avenue • 214 N.E. 5th Street • 714 N.E. 2nd Avenue -3- 05/15/96 C. Staff Ms. Cayce presented the Board with the new "Suggested HPB Exterior Building Colors" chart. Ms. Cayce informed the Board of the South Florida Building Code, Section 552 "Disproportionate Costs for ADA Accessibility", which has allowed Chief Building Official Jerry Sanzone to waive the elevator requirements for the Shane Ames, and Cinnamon Cafe projects. VI. ADJOURNMENT: There being no further business before the Board, Ms. Turner moved to adjourn the meeting at 7:30 P.M., seconded by Ms. Golembe and passed 7-0. 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 15, 1996, which were formally adopted and approved by the Board on June 5, 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. -4- 05/15/96 ND :' Project Name: Variance Request 88-44 and COA 8-273 Project Location: 9 N.E. 2nd Street This item was postponed to the May 15, 1996 Historic Preservation Board meeting at the owners request for the following reason: Only five Board members were present at the meeting and a super majority of four votes is required to approve a variance. When a situation of this nature occurs, the Board gives the applicant the option of proceeding with the hearing or postponing the hearing to a date certain, in anticipation of having the full seven member Board available for the review . file/C0A273-f { Meeting Date: May 1 , 1996 Agenda Item: Ill-A& IV-A i ryg' HISTORIC PRESERVATION BOARD k; A,ITY OF DE.LRAY BEACH ---STAFF REPORT--- MEETING DATE: May 1, 1996 AGENDA ITEMS: IILA& IV.A ITEM: Consideration of Variance 88-44 and COA 8-273 which incorporates the Site Plan, Landscape Plan and Design Elements for BSA Corporation, located on the North Side of N.E. 2nd Street, Between N. Swinton Avenue and N.E. 1st Avenue (9 N.E. 2nd Street). ._ 1 i_ r r u L1 TRINITY N.E. 5TH ST LUTHERAN: El GENERAL DATA : — N.W. 4TH ST. N.E. 4TH� ST. — ON Owner Michael Weiner — METHODIST — — CHURCH —— East Atlantic Properties, Ltd. — —— Applicant/Agent William Branning f - BSA Corporation = —— Location North side of N.E. 2nd St., _ - - between N. Swinton Ave. and N.W. 3RD ST— H.E. ,.an Sr.. N.E. 1st Ave. _ — Property Size 0.19 Acre ATTORNEY suture Land Use Map Mixed Use — BUILD`NG z —— — burrent Zoning OSSHAD (Old School Square ,�r'G- Historic Arts District) —� . : a N� N- Adjacent Zoning North: OSSHAD -- N.W. 2N0 ST. N.E. 2No_ ST. East: OSSHAD — South: OSSHAD — West: OSSHAD — CITY . - . Existing Land Use Single family residence with — detached garage and guest —_: 3 cottage/apartment. N.W. 1ST ST. N.E. 1ST 11 Proposed Land Use Conversion of the 1,180 sq.ft. o —— — single family residence to a COMMUNITY -~ _ CENTER Z D business office with SCHOOL SQUARE — associated parking and landscape improvements. Water Service existing on site. A T L A N TIC AVENUE Sewer Service existing on site. , MI MI O N KI Sf. SC. 1Sf Sr s v, lIL.^ & IV.A • . , 7;1- 7 ::.-..v v..: :.... ;:::::-Ea}}:,.:o.}vv}n}:•::..}-:.+rav,;...•,.;}-v. ,}x,vv},....u}v.\Uw.}v:-::n,tu.. :2:•.\:.\.#:::C'i::.'t't:S.:::c::'::::t:;i;:'tY.:;:�.:,,...:: .. .. .-:ro: .4-..}�-.`.::r::.:..}-:::x.•ti•:a't:2:e}.}v:\`:cj4';'}4:x.Y.4::'.''k:'4v{': -4,..,. \\:,...�. wx:•Yk;.i:.::.,-S\ 'i�h .aP. \ 4x.}t. � c:'9 0; :;:;�\.,•tv$ ;�., �f. . .4••`� ::.h..\. t: ;,}}'i c.3�\•'.•':r?i:-...F�°Y-;\at}T'+Kw• { { �;` \.J,} , ::;r.\ - o'ti -:}. %> wy :.�.\'\1`v`:•4 '' `C:v �\�:`., 4,::..:,,:.::...:.ay.,}}ti.,.v��..,.\,�v„�t � \�o ;.\ U�:�iz<.h:.,,�\� �� :v �� ti � �v�a� '3?s�x��`3�v5 , • • The action before the Board is that of approval of COA 8-273 which incorporates the following aspects of the development proposal for BSA Corporation (9 N.E. 2nd Street), pursuant to LDR Section 2.4.5(F): ❑ Variance 88-44: Variance to LDR Sections 4.6 9(D)(3)(b) and 6.1.4(B)(1). to allow the existing driveway width to remain 10 feet wide and to allow a proposed circular driveway to be 11 feet wide, where a driveway width of 24 feet is required for a two-way driveway. Variance to LDR Section 4.6.9(D)(2). to allow back-out parking for the handicap accessible parkin space and for vehicles • parked in the circular driveway, thus allowing an . unconventional parking configuration.. ❑ Site Plan ❑ Landscape Plan ❑ Design Elements • The subject property is located on the north side of N.E. 2nd Street, between N. Swinton Avenue and N.E. 1st Avenue, -approximately 80 feet east of N. Swinton Avenue. Miiiiiennineniangsgmgms.A.0 l The subject property consists of Lot 20, Block-66, A Resubdivision of the South 150 Feet of the West 1/2 of Block 66, containing 0.19 acres and located within the Old School Square Historic District. • The existing single family residence and garage were constructed in 1925, and the guest cottage was constructed in 1946. The structures are contributing from a historical perspective and are of the Vernacular architectural style. All three structures are of wood frame construction with shingle roofs. With the Citywide rezoning and adoption of the Land Development Regulations in October 1990, the property was rezoned from RM-6 (Multiple Family Dwelling District- 6 u/a) to OSSHAD (Old School Square Historic Arts District). On February 9, 1996, a request for site plan approval for BSA Corporation (business office) was submitted and is now before the Board for action. . • HPB Staff Report BSA Corporation-Variance 88 44 and COA 8-273(Site Plan Approval) Page 2 }%f f:•}:Jr:.::v:,a..}n.\.v.Jv:.R ;q. i}:f� ` .F ayv\:•::: -\\vv}%^:::-:a:};:'L':?'^}}}}y••T"•}:.':ti t:v:•ii }} a"fi ::;:.}•.: v\}\ a4\a . 'i :ik.'a i.+F}i \:: .,L� -'I •.a.\ f/ F\\��\:.}.¢.}..}..,��xa:�:.:.}�:,.o.;}. :�a1\}.C\\}:}n.::iiT'a:t':v:L.v4 \i�\\\t:�i�TS: \ .\.?a t `i ..v..4'•\?.l:i'�.#"ice\.. 'F Y-'•' \a a f% �\�.\ i �, r.�v \}.\.:.a p vM.a..ti{:•ti:fvirh.\ �C•�y.?�::: 'rf}\ �}':<�<}Srx::.x•, \ .a ate:; { :.j: :#r`: .}•oLF, .: i}? � r/F�,/ .: \ .! :\T;:wT:.}::a}}1. .o-u.}}:.}}:.T . : _.: .:....}...w...}}S:.�ax.A}r\\�:v.:��`t�:JT.\\}..�S:T};..>.\+:,}.oY'\,.::�:::::}^;r...}}}.'-}}T�}a:.T:,r::'✓.'nii}:\ti\o.:}}}}xnf/}:�av,\}}x✓ :}\\.a...}::wT:•T:::•}}};:::...f•::}...,}\::w The project involves the relocation of the offices for BSA Corporation from Boca Raton to 9 N.E. 2nd Street. The development proposal incorporates the following: ❑ Conversion of the existing 1,180 sq.ft. single family residence into a business/administrative offices for a general contractor along with retention of the guest cottage (450 sq.ft.), which is utilized as an apartment, and the garage (300 sq.ft.); ❑ Construction of a two (2) space paver block circular driveway in the front yard with a paver block apron at the entrance; ❑ Utilization of the existing driveway 'and garage in the rear of the property for apartment residence parking; ❑ Installation of a handicap" accessible parking space in the rear of the property adjacent to (south side of) the guest cottage and construction of a handicapped ramp in the rear of the single family residence; • ❑ Closure of the existing screened porch and converting it to an office; and, ❑ Installation of associated landscaping. The proposal involves variances with regard to the driveway width and parking lot design [LDR Sections 4.6.9(D)(3)(b), 6.1.4(6)(1), and 4.6.9(D)(2)]; waiver requests regarding the right-of-way dedication [LDR Section 5.1.3(D)(2)], provision of curbing [LDR Section 4.6.16(E)(3)1, reduction of the perimeter landscape strip [LDR Section 4.6.16(H)(3)(d)], and parking in the front yard [LDR Section 4.4.24(G)(3)]; and, a request for a reduction in required parking [LDR 4.6.9(C)(1)(g)]. . ........:.:.:.. 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. j 'e HPB Staff Report BSA Corporation-Variance 88-44 and COA 8-273(Site Plan Approval) Page 3 Parking Requirements Pursuant to Section 4.4.24(G)(1), within the OSSHAD, business and professional offices shall provide 1 parking space for every 300 sq.ft. of floor area. The proposed office (single family residence) contains 1,180 sq.ft. which requires 4 parking spaces and the one bedroom apartment/guest cottage 1.5 spaces plus 0.5 spaces for guest parking (6 total 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 this code section, 5 parking spaces are required for this development Parking Reduction: Pursuant to LDR Section 4.6.9(C)(1)(g) (Reduction Allowed), when, upon receipt and acceptance of special documentation, it is conclusively demonstrated that the number of parking spaces required for a specific use is not appropriate of its application to a specific site, the body which acts on the attendant site plan may reduce the parking requirements accordingly. The applicant has submitted a request for a parking reduction which states the following: This office will have 2 employees.with all other employees to report to the- job site. The operating hours will be weekdays 8:00 a.m. to 5:00 p.m. - This is a low intensity office use which does not generate a large parking demand with clients/customers rarely visiting. the site. During business hours all parking spaces will normally be. available for the office as the apartment resident will be at work. During evening hours all spaces will be available for the resident, if necessary. While an additional parking space could be accommodated on the west side of the proposed office structure, the result will be more hardscape which may detract from the property's residential character. It is also noted that the property is located adjacent to the 24-space Banker's Row parking lot, which was • intended to accommodate parking for homes that are converted to businesses. Based upon the above, it is appropriate to grant a reduction of the parking requirement for this specific operation. However, the parking requirements must be revisited with any change of use which has a parking demand greater than this operation. Front Yard Parking Pursuant to Section 4.4.24(G)(3), all parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between the street and the building. However, where there are existing buildings, the Historic Preservation Board • HPB Staff Report BSA Corporation-Variance 88-44 and COA 8-273(Site Plan Approval) Page 4 may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the residential character of the area will be maintained. If approved, such parking shall be substantially screened from off-premises view by a hedge, at least 4' in height. Due to the site constraints and the location of the existing structures it is impossible to provide all of the required parking in the side or rear of the structure. In order to accommodate the required parking, without detracting from the appearance of the site, parking in the front will be accommodated via a circular paver block driveway and limited to 2 spaces. Landscape material including a hedge and trees will be planted adjacent to the driveway and will provide the desired buffer. The circular driveway along with the landscaping will maintain the residential character of the property. As it is not feasible to provide all of the required parking in the rear, and measures are being taken to soften the appearance of the two (2) spaces; it is appropriate for the Board to waive this requirement. Parking Surface The proposed parking area in the front of the building will be paver blocks with an asphalt surface to be provided •for the balance. Pursuant to Section 4.6.9(D)(8)(a), parking lots and spaces on historic sites and within historic districts may be' improved with a surface material other than pavement, where there are 12 or fewer parking spaces, subject to approval by the Historic Preservation Board. Staff has no objection to the paver block surface as it will enhance the property and retain the residential character. Right-of-Way Dedication Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for N.E. 2nd Street is 60 feet and 50 feet is currently dedicated. Thus, this development is responsible for dedication of an additional 5 feet of right-of-way. However, pursuant to LDR Section 5.3.1(D)(4) (Reduction in Width), reduction in the required right-of-way width may be granted by the body having approval authority of the associated development application (HPB) provided the reduction is supported by the City Engineer. The City Engineer has determined that the existing 50 feet of right-of-way is adequate. This portion of N.E. 2nd Street has been constructed to its ultimate section within the existing right-of-way. The City has no plans to modify/widen this street section, which would necessitate acquisition of additional right-of-way. Based upon the above, a waiver to this requirement is recommended. HPB Staff Report BSA Corporation-Variance 88-44 and COA.8-273(Site Plan Approval) Page 5 Building Setbacks • The existing apartment/guest cottage encroaches 2.5' into the required 7.5' side setback, and the garage encroaches 8' into the required 10' rear setback. These existing nonconforming situations will not be impacted by the development proposal. Except for the above situations, the building setback requirements have been complied with throughout the site. Open Space Pursuant to Section 4.3.4(K), 25% of non-vehicular open space is required. The development proposal provides for 35% open space, which exceeds the requirement. VARIANCE ANALYSIS: Associated with this development proposal are variance requests (No. 88-44) to LDR Sections 4.6.9(D)(3)(b) and 6.1.3(B)(1) (Driveway Aisle Width), and LDR Section 4.6.9(D)(2) (Provisions for Ingress and Egress). LDR Section 4.6.9(D)(3)(b) and 6.1.4(B)(1) (Driveway Aisle Width): A request to allow the existing driveway width to remain 10 feet wide and to allow a proposed circular driveway to be 11 feet wide where a 24 feet is required for a two-way driveway. LDR Section 4.6.9(D)(2) (Provisions for Ingress and Egress): A request to allow back-out parking for the handicap accessible parking space and for vehicles parked in the circular driveway, thus allowing an unconventional parking configuration. Basis for the Variances: The applicant's request letter states the following as to why the variance should be granted: "This house is bordered to the east by a public parking lot which makes it conducive for commercial use. However, due to the small size of the lot and the configuration of the buildings, the movement of automobiles on the site cannot be accomplished in accordance with the City parking lot regulations. Therefore, certain variances and waivers will need to be obtained to allow the parking lot to be constructed as shown." Staff's Response: If approved, the variances will allow the installation of an unconventional parking configuration having narrow driveways, back-out parking, and tandem parking in the circular driveway. The required 24' X 6' maneuvering • • f. HPB Staff Report - BSA Corporation-Variance 88-44 and COA 8-273(Site Plan Approval) Page 6 area would not be provided adjacent to the handicap accessible parking space nor would a typical two-way driveway be provided. However, with the site constraints, minimal site area, and location of the existing structures, it is not feasible to install a conventional parking lot. As the traffic associated with the business office will be minimal and there will be only two employees located on- site, there are no major concerns with regard to the proposed parking layout. While variances run with the land, if the use changes from office to a more intense use such as retail or restaurant, the site plan would need to be re- evaluated. Granting the variance for this type of use will not create an unsafe situation and will allow for the provision of parking and the adaptive reuse of historic property. The requested variance appears to meet the required bases provided in Section 4.5.1(J), regarding the preservation of historic character and the adaptive reuse of the property (See attached Appendix C). Much of the existing landscaping has been incorporated into the landscape plan. Within the front yard. interior to the circular driveway, Ixora Nora Grant is proposed along with Katie and a Gumbo Limbo tree, which will replace an existing Mango tree. Adjacent to the proposed office building, Dahoon Hollies are proposed at each coiner of the building along with foundation-plantings • consisting of Ixora Nora Grant, Cardboard Palms and Liriope. Ixora will also be provided adjacent to existing chain link fence between the office building and the north property line. Along the east and west property lines, adjacent to the parking/vehicular use areas, the perimeter landscape requirement will be met by utilizing the existing landscaping on the abutting properties [ref. LDR Section 4.6.16(H)(3)(f)]. To the west there is an existing Ficus hedge on the adjacent property with a Gumbo Limbo tree and Swordfern underplantings to be provided on the subject site. On the property to the east are Mahogany trees with a Silver Buttonwood hedge. An existing Mango along the east side of the subject property is to be retained and provided with Swordfern underplantings. In the rear of the property much of the existing mature trees and hedge material will be retained and Swordfern underplantings will be provided adjacent to the Ficus tree. Also, additional hedge material is to be installed to close the gaps of the hedge along the rear of the property. The landscape plan incorporates the required variety of plant species and xeriscape principles, which complies with the landscape code. I .. t HPB Staff Report BSA Corporation-Variance 88-44 and COA 8-273(Site Plan Approval) Page 7 maul ANALYSES- Associated with this development proposal are waiver requests to LDR Section 4.6.16(H)(3)(d) (Perimeter Landscaping) and LDR Section 4.6.16(E)(3) (Vehicular Encroachment). .LDR Section 4.6.16(H)(3)(d) (Perimeter Landscaping) Pursuant to LDR Section 4.6.16(H)(3)(d), a 5' wide landscape area must be provided between the off-street parking area and the abutting property. The request is to allow a 2' wide landscape strip between the proposed handicap accessible parking space and-the abutting property. LDR Section 4.6.16(E)(3) (Vehicular Encroachment) Pursuant to LDR Section 4.6.16(E) 3) (Vehicular. Encroachment), landscape areas are required to be separated from vehicular use areas by nonmountable curbing. The request is.to not provide curbing. Required Findings: • Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body.shall make a finding that the granting of the waiver:. (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The waiver requests will not adversely affect the neighboring area, diminish the provision of public facilities, nor create an unsafe situation. With regard to the perimeter landscape strip, the waiver is to be applied in the rear of the property for only a 32' portion of the overall 150' long property. Moving the handicap parking space 3' to the west would impact the root system of an existing Ficus tree. On the abutting property (parking lot) there is an existing 5' wide landscape area with a hedge and trees, thus it will not be impacted by the waiver. Similar waiver requests have been granted. Given the above circumstances it is appropriate to approve the waiver request. HPB Staff Report BSA Corporation-Variance 88-44 and COA 8-273(Site Plan Approval) Page 8 With respect the requirement to provide curbing, a waiver to this requirement has not been requested in the past. There will be minimal vehicular traffic associated with the proposed use which would have the potential to adversely impact the landscape areas adjacent to the driveways. Curbing would detract from the • residential character of the property if it were provided along the driveways, especially the paver block driveway. The granting of the waiver would not result in a special privilege, as the same request would be granted on another property, given similar circumstances for another applicant or owner. .:i:•i}}}fCiii:{{{•}:•}:•}'-}:i.:�{}i}n:n:v}�-i}::: .:- .: v: :rJ�v. \''tvi:�•r.•.v{�:.ii•:i.}:tii•.isti:T}::{::"v'•i i::.r•::i::ii::{{.::::.iix::.�::.:•.:v..:.....n............:.. ......:.... .. _}..f.:{{v}}::;.'^:•i}}}i:{{}-is+t.{:..:-.w:.::•::. { i✓.i}; ...-./...v....i}:L:4:{'-i}}i::-•.v.:.ii}:{{:-i:Li}}Sj}Yfi`,:{.:v- ..... .....:..t:w:::}{;.y::.v:.:ttn-:::-- .. ..' .:iv�}: .:v:,..{{.w... ..{. :. .... .}.:i{>•. v.�:i :i: {i'-f4::: The development proposal includes the following design elements (exterior alterations) which require analysis with respect to compatibility with the existing • structure. Architectural Elevations No additions or major alterations to the existing structures are proposed. Elevations have been submitted for the office building/single family structure which show the removal of the existing screens on the front porch and replacement with clear glass in wood stops. Also, a new raised panel door with • vision glass top panels will be installed. These improvements will be an enhancement to the structure. Handicapped Ramp A handicapped ramp is proposed along the north side of the single family structure. Details of the ramp have not been submitted, however staff recommends that a vertical railing be provided. The impact of the ramp not significant as it is not visible from N.E..2nd Street. Trash Receptacles Trash receptacles will be located within.the garage, thus they will be screened from adjacent properties. Waste Management has indicated that the use of roll- out carts is acceptable for this type of business office. 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 HPB Staff Report BSA Corporation-Variance 88-44 and COA 8-273(Site Plan Approval) Page 9 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 land use designation. Pursuant to Section 4.4.24(B)(2), within the OSSHAD, professional and business offices are allowed as a permitted use. The proposal is to convert the single family residence to accommodate the business/administrative office function of a general contracting company. Therefore, this use is not considered a "contractor's office", which is not allowed in the OSSHAD zoning district. It is noted that the applicant has submitted a letter stating that the structure will be utilized as an administrative office only and that neither the property nor the structures would be utilized for any storage of equipment or materials. 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. 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 bordered on the north, south, east and west by the OSSHAD (Old School Square Historic Arts District) zone district. To the north and south are single family residences; east is the Banker's Row parking lot; and, west is an environmental consultant's offices (Coastal Revegetation, Inc.) r` HPB Staff Report BSA Corporation-Variance 88-44 and COA 8-273(Site Plan Approval) Page 10 • and a single family residence. One block west are the City Hall and City Attorney offices, and one block east is Pineapple Grove Way, a commercial street. Compatibility with the residences to the north, south and west is not a major concern. The proposed use of a business office will be low intensity in nature and is appropriate in a mixed use district. The development proposal retains the residential character that is sought with developments within the OSSHAD zone district. The upgrading of the site will enhance rather than depreciate property values in the area, and may be an inducement for the upgrading of nearby properties. As the intent of the OSSHAD zone district is to promote mixed uses, a positive finding of compatibility can be made. ::::::::::x:::::::.:v::.........:...4........v w::.::v-._.....:.r r': .{ ::? is J.' .v: :. ..:n ........ ................:..::.... ..... ......... ..�-???::�..ellly '.- :.:5•::::ii:?(i?..::nv:.v:::::i?'::::?:::::::::::::nv::::w:•iii-?:::?:•?:•iii • Community Redevelopment Agency: At its meeting of March 14, 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. nomm :...............: ... .. SF ME.[± :.; '::: A:.i :. ::. ;CO.::C :C:..L.: :: :: ::_::: ::::.::::::::. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Due to the site constraints and to accommodate required parking, two (2) variances have been requested along with waivers which relate to locating parking in the front yard, provision of curbing, and the width.of the perimeter landscape strip. If there is a change of use which has a greater parking demand or increased intensity, the parking requirements and site plan will need to be re-evaluated. These variances and waivers will not create any adverse impacts nor create unsafe situations. The development proposal retains the residential character and allows the adaptive re-use that is sought with developments within the OSSHAD zone district. 1. Continue with direction. . HPB Staff Report BSA Corporation-Variance 88-44 and COA 8-273(Site Plan Approval) Page 11 2. Approve Variance 88-44, COA 8-273 and the associated site plan, landscape plan and design elements for BSA Corporation subject to conditions. 3. Deny approval of Variance 88-44, COA 8-273 and the associated site plan, landscape plan and design elements for BSA Corporation with basis stated. :A.}:>:::.aiy4fjiy:{vl?i{:;;{n\{:)X}nv':i::i}}:n:vui..}'•}:{..vrvv{.:::.{vvii'}:}:{ :}'..ixv:{{:::w.v::::nwi.{ v}:.::.............:....::... -T:{i:v.JL{\..%:..:<}}:vf:::.v1M:.;;{,}{:..}4nr t..\�4\��, �w-:. .:. v .. ...::::.vv..:::...r..... }}..n..vn.: +`{-::riiYv}:ii.}x;:p}}}.:.... :.�:.}: :.}�.[::}:•}i:.4:y is {: .:J :;-{' ;;ti:i`:i:::iiv......:........ .< .. 4 v{:T.rr•:x:r.:.. ::J�vr..:vv ..l ..:{..v...:.v:...........}:::v}v%.✓•:::. .:iui. i0 ��f( }y.�.�[ iv}�i:%$;:i-T:}'..:}}Tvv-::ni}}:..}:•}}}•::•8.vv... rev.rvr}.} .. l n..... .tVll[:: v�I<:.1��•'IE<'�7- .�:..: .............r.-::::.:.:�.:}:{.}}}::}T}::}:�}}?:;-:::;::r.,1'ty�:T....:.x.�',,;:t4:i:.,:.'•:•}}}:<.:;-.wry\;.{t:: A. Variance 88-44: 1. Approve the variance request to LDR Sections 4.6.9(D)(3)(b) and 6.1.4(B)(1) (Driveway Aisle Width) to allow the existing driveway width to remain 10 feet wide and to allow atproposed circular driveway to be 11 feet wide for a two-way driveway, based tit pon a positive finding with respect to Section 4.5.1(J)(2). Os e_ L \-—--• '-'''' \ -- 2. Approve the variance request to LDR Section 4.6.9(D)(2) (Provisions for Ingress and Egress) to allow back-out parking for the handicap accessible parking space and for vehicles parked in the circular driveway, thus allowing an unconventional parking configuration, based upon a positive finding with respect to Section 4.5.1(J)(2). B. Waivers 1. Approve the waiver request to LDR Section 4.6.16(E)(3), to not provide curbing adjacent to the landscape areas. 2. Approve a waiver to LDR Section 4.6.16(H)(3)(d), to allow a reduction of the perimeter landscape strip width from the required 5' to 2' adjacent to the handicap accessible parking space only. 3. Approve a waiver to LDR Section 5.3.1(D)(2), to reduce the required right-of-way width for N.E. 2nd Street from 60 feet to 50 feet, thus waiving the requirement for this property to dedicate 5 additional feet. C. Special Actions 1. Approve a request for a parking reduction from 5 to 4 parking spaces in that the business office is a low traffic generator which will only have 0 employees and minimal visitors with the understanding that the parking requirements will be revisited with any change of use which has a parking demand greater than this operation. HPB Staff Report BSA Corporation-Variance 88-44 and COA 8-273 (Site Plan Approval) Page 12 2. Approve a waiver to allow parking within the front yard in a paver block circular driveway as illustrated on the site plan. 3. Approve the use of concrete paver blocks for the front yard parking area as illustrated on the proposed site plan. C. Site Plan Approve COA 8-273 for the site plan for BSA Corporation 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 a commercial backflow preventer be installed and provided on the customer side of the water meter; and 2. That an easement be provided for the sewer main which runs along the east side of the property. A Landscape Plan Approve COA 8-273 for the landscape plan for BSA Corporation based upon positive findings with respect to Section 4.6.16. E. Design Elements Approve COA 8-273 for the design elements for BSA Corporation based upon positive findings with respect to Section 4.5.1 subject to the following condition: 1. That the handicapped ramp be provided with a vertical railing. Attachments: ❑ Appendix A Cl Appendix B LI Appendix C Cl Site Plan ❑ Landscape Plan ❑ Building Elevation/Design Elements Report prepared by:Jeff Costello Senior Planner A*44t} :a -SS n.: 7 ram;F t • i �i?>:i�?:is ski:::�}:{v:}v'>>::iii.}}i;\.}}:C}'i%-}:j?tiZ\"\4wjaa}!f'::4V:-'v\v::: \..x ? t{-.r4-�}:nv?.-�`\�4 v-,: :�:�\•, :a•'::}}t%.v vr:.??iv.�:.r. .`�..:}�... \t.. :?.`�4i}Y:h:Y-.;?.$:::? ..\•::.:\i.?<:\:}ni3.?:?;n?\v,\•}n'::iiti::{h:rr aT.,��}r� -\\h:rY. ?1:a}::.-:::::::{:}::.�. ?:.a:::{•:n\,v.-.: .��\v?!� i}I:w-`r' �� :{}}.i-?'•- ��., r.s: \ \ a:.}• I .v.4; t � })�:L�v ♦\\ . �♦ lV?r}rrnn:v \�^ rii�'�.}\ v:::v .�� \. •,\,:\ \ 4...rr..:v:.v.ti�t.,v:,,�.:.\.�«;.{. .:',:.,;:.::\.ik:`.`:i`"{.}'•\` '. - £ J:,':4{r?t ? .{io�k:tw• +• tn .� �' 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 is provided to the site via a service lateral connection to an existing 6"water main located within N.E. 2nd Street. ❑ Sewer service is provided to the site via service lateral connection to an existing 8" sewer main located along the east side of the property. ❑ Adequate fire suppression is provided via an existing fire hydrant located at the northeast corner of N.E. 2nd Street and N.E. 1st Avenue. The conversion from a single family residence to a business office requires the installation of a commercial backflow preventer, which must be indicated on the • plans. Further, an easement does not exist for the sewer main which runs along the east side of the property. Thus, as a condition of site plan approval an easement must be provided. No water or sewer main extensions or upgrading is required with this development proposal. Drainage: A preliminary drainage plan has been submitted indicating that drainage will be accommodated on-site via a swale area at the west end of the property. At this time, there are no problems anticipated meeting South Florida Water Management District requirements. Traffic: A traffic analysis has been prepared indicating that the conversion of this single family home to an office use will generate 38 new trips per day over and above the existing 10 trips (48 total trips). It is noted that the actual traffic that will be generated by this particular business office will likely be considerably less. The traffic generated will not have an adverse impact on this level of service standard. 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 and no additional dwelling units are proposed. 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 1,180 sq.ft. office will be 5.4 pounds per square foot or 3 tons per year. The previous use (single family residence) generated 1.99 tons per year. The increase can be easily accommodated by the existing facilities and thus, will not be significant with respect to level of service standards. • • , ti w\V�$•�o}`...vh:tfia.::;:.'•:.^.£,'c?.T;\..ia� t:\C� \,:`.Y,\\\•:�,;\ti.,,\V-:.�..,,-..,-;:..:....:i•.•--.,-�\.>,,.:;:.:f..: .}•.-.i \ .g..\c:k;•;.•t:`.:.`.:rt:>:oi`.T,,;ia:.•\\}�y::g.tr4\:� �\ \ � - . ,��,.yyit' :� ;t � .•\� . .olf..FC:t\a�\i>T.•��f �\ tC.:_{'�i.\� �`i: ' < 4 ::C4 i:;;.i :::a}•r,:.•- ri i•S ..,t,:. .'f.:i}1, < \N.if C.. :....„^ ;`::C<.`% :.2:r:�':.}5..::\:.�,Cv ' f� ♦\ \ \� d a \ \.. r C \ �.\:f<" ,•{, \ :,.}gata.`::i\,::2:;:w•}.^hti::•r.:ri\�r:}.y�:r;.}:ir....\\� �:?�\\�\i\ .�.?��ti,t%\:.'.}S::$%c}\\%��t};.�+l�.;S.��r$: �\\��\ � \ 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_C _ 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. l: Not applicable Meets intent of standard X Does not meet intent C. Open Space enhancements described in Open Space_and Recreation Objective B-1, are appropriately addressed. • Not applicable Meets intent of standard X Does not meet intent —� D. That any street widening associated with the development shall not be detrimental upon desired character and cohesiveness of affected residential areas. Not applicable X Meets intent of standard Does not meet intent 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. r _ • . f Not applicable 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- .}Q;:v..�p{.:}}'t':..ty�>.4:}:4}:}:iv}i:{:n}4 ii:C�'v'::..y.Y'.\:+k\\\:'ti-:Siv\,i\r:,ay}�n;vi�:;.rT-.uvJ}'.yv-u.:::.v::nv:•n,:x w 4 J v-.:\v.i v � l:�\.r-t�iv: ,� <:�}f} '>-;a\` \ii•r(}�:q:} v'v\.\\', .ah w::\•�.,�\-;�c`}::i.:::::::-`.:::�;; \\w,r}}:•:<::•:}::y:11�: ..:1 t• :: :i�''}-v. \,-- :f:'-\`\\.\\\2'•:}:. ;,.\,y .t n\\\}�}.�.::.{:: v.:t:� }�:::::j'?i;i;C}'\- .n\,},v:,v;\:n � ::{;..} ;:\..v�.. :.l/ .U-.• .fi .�\ra.vy v\••4\h `i:•::} "� vv:�<:� :u..v...�\�%��• 'riS � -:4\`X.;,..:.: \�'�`4:�a v\�v'�- \: .�:: ..vv:,;J>i'}::•>}}i:•nr.w:::,nv: ,,,v:n:•:-- 'v, ..:.::::-.... \ .,..:\:.. a-. :t-}4Yfi!{.}:` }.Fii. �v}}\C2,�' h�14 '�:n\.v .;c'}:...�'->„ci';:::?.}:':-' :4::; : ..}:ti: t� y ty:{::2::.: .::::::.}•2:., .:4 M1;y .,}.}. :yv.J`4ti`:\\:i`i:: ;`;2;:;`.'}`.'•:t'n?:}?;`: 5::>z;\�`i..el:; l` •`}." ` ? t. t`�+t• \...........:......:...n.: ...:.:. :...:::aa:.a,..:.a..-.,n. ...:...2, �C�l:� R`AN�'N�+I�� 2�� 5gfi �<�.\. ., ....................:::::x.::: ::.:n.>}:-r:::n.::.,:.:t.: a:,::..,rr\,.n\.:\.n-:\ur:::-:.:..:.,t.�}.,x�,a,Y:...nS...,...a:.a.:.,-nt.::::::. \\v::tyy� .45v2.�:',`,:`:C, \�;Zy$:< Pursuant to Section 2.4.7(A)(5), the Historic Preservation Board must make the following findings prior to granting a variance: (A) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings subject to the same zoning (The matter of economic hardship shall not constitute a basis for the granting of a variance); (B) That literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning; (C) That the special conditions and circumstances have not resulted from actions of the applicant; (D) That granting the variance will not confer into the applicant any special privilege that is denied to other lands, structures, and buildings under the • same zoning. Neither the permitted, nor nonconforming use, of neighborhood lands, structures, or buildings under the same zoning shall be considered grounds for the issuance of a variance; (E) That the reasons set forth in the variance petition justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and, (F) That the granting of the variance will be in harmony with general purpose and intent of existing regulations, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Pursuant to Section 4.5.1(J), in acting on a variance requests the Board may also be guided by the following as an alternative to the above criteria: (1) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenances, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. (c) Literal interpretation of the provisions of existing ordinances would alter the historic site to such* an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. (d) The variance requested is the minimum necessary to preserve the historic character of a historic site or a historic district. (2) Or, as an alternative to Sub-Section (J)(1), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (b) The variance would not significantly diminish the historic character of the Historic District or Site. (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. (3) The Board shall otherwise follow procedures and impose conditions as required of the Board of Adjustments. • d i a yet /--E XL!Tt ULLL G 510 X t�'j:�' i • , '%, PAYER! -NEW DOOR,rY.6••6• UN LEVER HDCR ,;;,,;;#', . • M O TH.210 11Ad1 en. x , et etS#VVI VViA --I ... PARTITI7 •, , �, , , • D10RADQ 4�;�;�;�;� � CONFERENCE KITCHEN t • Rom %�,,,,,,,',' �- t NEW .LARD• u i_ _ /�r'NM 60,ypHy RECYCLE ONO \ 0%***%44• RECEP. • 2660 DooRE • 4 • r / LEVEL iW LPL R �/ __ �• •%flik**** ;� •.6t 1 so GARAGE m�Ira MOH RaL•aTT _. -----! D t$400•, IXpM LEPER F+Du�R FILES —Af'.o — N ,,,,`_,,%,' x• �l 7 uHNT PDROm Tt1 MST)060 �I*I%I%I� K1� [ OFFICE . '�6LcYs DTYn6L EXT.DOORS • ,,, ; �,;� L. 66K IF.CQT • lti,�Zi COTTAGE Y NEW NOOr. ***VsIV� OFFICE I o�roaer NEDIVPCIA:LAND 1. `I ��•`. BATN DRRAD4DAJ p�I ue, 'p),4 LQV[L 0 6 CO ;,;4440• 0 LW HOTAl4 NEW •" ...;/'.O'.� f0 / •• �•• , I. ...,I,0,0,0,0,0�•.... •• Qx11AUDT PM ; 0,0,I,0,0,0,0,0,0,0 rOaTTOH TO NOUOQT ri 1 ,,,0,0,0,0,0,0,0,0,� DOFI It MID' ,,,,,,,0,0,0,0,0,0,, R.DODLriHT MU) • ' • j . *****,%**,%*;*;;;;% ASPNALT DRIVEuIAY 0. ;f HD.CASP, . P I INC1 .ANEW CCOR -- • E%IOTND ,`••• • •,•• .', 4' . 5 rAAGlp DICK .-1III . _' —. DETDACK 1 DQTCKh • ••�+ PER COD[ DV i ..� . mo. rA KHD AREA 'I 1 �-.. a . • :ginsri+iti i'�ale• • • /� IIN \ n • �0 �loa A. o l� ,)•. I -. , gill _ • •P. , ell !, a. ii1 Away oh. 'fii .., , . . .. q 1. . ,........,, ,, yNEU DR gill..• ne-a,inilil /fie 5RICK —AYERI^ -ems" iiiiiiiEiiiiiniit existing hedges and shrubs tb remain I-:►101201 EA Iy71•,-ia 4,o v � `_ saeslviera app, aetleepp. lb r2iiMOiv p 1 , Er;4 l v �' .• 1 Existing One Story Bldg, a ge— ,1 �" \� `��,� +�`;�j p,na,nu7 n11 �� , AteIi.ff �ra r 1„,711 • .. . . / • . • . i 7 ''l a�i► ( L111i `' �'�' �� , _ - / ni' 4 ti e �`-� Exi ling I . •, I y ' •iiiiunil �1 _ - �j�.il \ , 1 I �\ \ one Stay / c , F4* li:I1i -i% �v ' Vi� �- �..N.. !s 3l�I 1,iiai t 1 ( 1 q q s P. D ./_ ii �� ``I.sanshkn, 1 'HWscua ` I v,rle. .. pitttleporlm �' 1 1 • • ex t 6 r 1•H 4 / Cl_. -/' 1 I' : t---1' -±__-__. . . •* �' .( .1..� / I` \` �/ Existing Tree List Plant List ' CI47NNA h1WP¢ tr)iDWN ' I TM ,t11 :TAWSn+r eda S 1. NAN00 10•RT.X 30.l,R, RDIA�N 11•CAL. to 776n61R7A7Tin =nonce (n. 7. •JACARANDA 1/=MT.x 141 1M. ROWS ' t•CAL. D I.1N11II.Nee 177.11'tx. 1 s.4 /sAt�L nix C.T. RDufN ,002,D We{I,. r a1. �.' MAxeo eo•1R. z 10�SPA. MATS4' Oulu s.• aef[r7LLRA . 14, II?.*CA �z et,PR, MAIN• % I.LNe1.111 rat.11'Itr 1 t, murmurs 10• Kt. z to sta. RDIA{N a Crt,d.11.a Ito • 1r1..114L I I14r. 11 7. NORr01�t ULAND P. 40'NT. TO,1 RDIMVKO tombs hi I.t• I. NORIDLX ISLAND 7. 40, HT. TO It*D 000L So Cro4Inri tJ tall bn tfLl I*l.,M'1L t t14R. M II. Ill/RIDS.MOLLY 70• IKT.1 40.,PR. TO at RDI0VL0 • 11'I.t. so•CAL, m udlpl•ImFlaalt' 1rt.,mµc. In • 10,•rtCU3•ln. 10•NT. z 101 SPA. >tDutx CM IIdsri II'M. 74.CAL, m kt1111¢b ttlnitl 1 pt•,Ir tr. Itt • >Mtn IV u. • • lot hill,kltrl/r I p1..lr tF. II • lilt, lr,.t. 1.1.4 Iota I.I.R° 1 4.1 1111 1 1r IF 11 ' rreaM tell M.e.t. , • ,y• %e..tg4t.,o4.ta hit,!toilet NI • ,.I. sl.,*.11a 71.MI,' •• • EXISTING NIP ROOF • II � REMOVE EXIST.SCREENS AND INSTALL 1/4•CLR GLASS IN WOOD STOPSFin • EXIST.OPENINGS I ` (FRONT AND SIDES) o • t � NEW 2S a WOOD RAISED EXISTING STEPS PANEL DOOR W/VISION GLASS TOP PANELS FFON 'I1 ' LEST . CITY OF D ►.,.. CITY ATTORI Y'S OFFICE FLORIDA,33 FACSIMILE 7E7S-4 55 Writer's Direct L e:(4077)2437091~4Y DELRAY��BEAp H All•An erica m MEMORANDUM U DATE: May 9, 1995 1993 TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: Approval of Rules of Historic Preservation Board The rules of the Historic Preservation Board require that a review be made every 2 years. On May 3, 1995 the Historic Preservation Board reviewed and approved the attached rules and regulations. The rules and regulations require City Commission approval. Please call if you have any questions. cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk 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 member 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 for a 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. 5 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 , / ``, ),4 -Jr�L /2- Wit: Chairman, Historic Preservation Board Passed and approved by the City Commission in regular session this 4:g) day of Mail , /995 • --�. Mayor, City of Delray Beach ATTEST: c,.14..cn - JP City Clerk, Del>�ay Beach hpbrules.rbs 7