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HPB 06-19-1996 1 DEIRAY BEACH All-America City 1l J ' 1993 AGENDA HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: June 19, 1996 Type of Meeting: Regular Meeting Location: Commission Chambers Time: 6:00 P.M. If a person decides to appeal any decision made by the Historic Preservation Board with respect to any matter considered at this meeting or hearing,such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made. Such record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Pursuant to F.S.286.0105. I. CALL TO ORDER II. APPROVAL OF MINUTES • June 5, 1996 III. PUBLIC HEARING ITEMS Recommend to the City Commission that the Proposed South Ocean Boulevard Historic District be Designated and Listed in the Local Register of Historic Places. The Boundaries of the Proposed District are as Follows: The northern boundary 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 addresses are as follows: 501, 511, 521, 601, 611, and 701 South Ocean Boulevard. HPB Meeting June 192, 1996 Page 2 IV. CERTIFICATES OF APPROPRIATENESS A. COA 8-280: Avenue Bar and Grille, 32 East Atlantic Avenue, Contributing Commercial Building, Old School Square Historic District. Bright Horizons Investment Corp., Owner. Robert Johnson, Agent. Approval for Site Plan, Landscape Plan and Design Elements B. COA 8: 332 S.E. 7th Avenue, Noncontributing Single Family Home, Marina Historic District. Zan Oliphant, Owner Approval for Garage Enclosure. V. REPORTS AND COMMENTS A. Reports from Historic District Representatives B. Board Members C. Staff VI. ADJOURN Pat Cayc Historic Preservation Planner POSTED ON: June 14, 1996 MINUTES OF THE HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA PUBLIC HEARING MEETING DATE: JUNE 19, 1996 LOCATION: 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, Julie Morgan, Vera Farrington, Debora Turner, Pat Healy-Golembe, Susan Hurlburt MEMBERS ABSENT: John Johnson STAFF PRESENT: Pat Cayce, Diane Dominguez, Diana Mund, Brian Shutt (City Attorney's Office) II. APPROVAL OF MINUTES: The Minutes for the Regular Meeting of June 5, 1996 were before the Board for consideration. Ms. Turner moved to approve the Minutes as presented. The motion was seconded by Ms. Golembe and passed by a vote of 6-0. III. PUBLIC HEARING ITEMS: A. Recommend to the City Commission that the Proposed South Ocean Boulevard Historic District be Designated and Listed in the Local Register of Historic Places. Item Before the Board: The action requested of the Board is that of conducting a public hearing to allow the affected property owners and the public to comment on the designation of the proposed historic district. The Board will then vote to transmit the designation nomination to the City Commission and recommend that the historic district be listed, by ordinance in the Local Register of Historic Places. The Following Spoke in Favor of the Designation: • Caroline Patton, Preservation Society of Delray Beach • Ann Fulton, 1124 Vista Del Mar • Joanne Peart, 107 N.W. 9th Street • William Cary, Coordinator for the City of Miami Beach Historic Preservation • Alieda Riley, 65 Palm Square • Frank Deltoro, 921 Meridian Avenue (Miami Beach Preservationist) • Terry Groth, 227 Nassau Street • Price Patton, 1020 Tamarind Road • Note Smith, 42 Palm Square • Terry Pfeil, 1040 Basin Drive • Rachel Camber, Attorney representing Caroline Patton • Polly Anne Earl, Executive Director of the Preservation Foundation of Palm Beach The Following Spoke in Opposition to the Designation: • Frank Mckinney, representing the six property owners • Edwin Reynolds, 819 S. Ocean Boulevard • Henry Howley, 1141 S. Ocean Boulevard • Dan Burns, 1036 Bucida Road • Sal Melone, father of Tom Melone, owner of 601 S. Ocean Boulevard After some discussion by the Board, it was moved by Ms. Golembe, seconded by Ms. Farrington and passed 4-2 (Vaughan & Turner dissenting) to approve the nomination and transmit the Board's findings to the City Commission with the recommendation that the South Ocean Boulevard Historic District be listed in the Local Register of Historic Places, to include the following: • 501, 511, 521, 601, 611, and 701 S. Ocean Boulevard. IV. CERTIFICATES OF APPROPRIATENESS: A. COA 8-280: Avenue Bar & Grille; 32 E. Atlantic Avenue; Contributing Commercial Building; Old School Square Historic Arts District; Bright Horizons Investment Corporation, Owner; Robert Johnson, Agent. Item Before the Board: The action requested of the Board is that of approving a COA which incorporates the following aspects of the development proposal: site plan, landscape plan, and design elements. It was moved by Ms. Turner, seconded by Ms. Farrington and passed 6-0 to approve a waiver to LDR Section 4.6.16(H)(3)(d) to reduce the landscape area from 5' to 3'. It was moved by Ms. Hurlburt, seconded by Ms. Morgan and passed 6-0 to approve the site plan for the Avenue Bar and Grille based upon positive findings with respect to Chapter 3 (Performance Standards) of the LDRs, policies of the Comprehensive Plan and Section 2.4.5(F)(5) subject to the following conditions: -2- 06/19/96 1. That the applicant provide a letter formally requesting the in-lieu fee option for required parking. 2. That all technical comments be adequately addressed with revised plans. 3. That a traffic statement with trip generation rates for the restaurant be submitted. 4. That the applicant submit a permit application, hold harmless agreement, and insurance certificate to operate a sidewalk cafe to the City Engineer. It was moved by Ms. Turner, seconded by Ms. Golembe and passed 6-0 to approve a waiver for curbing around the landscape areas. It was moved by Ms. Turner, seconded by Ms. Morgan and passed 6-0 to approve COA 8-280 for the landscape plan for the Avenue Bar and Grille based upon positive findings with respect to LDR Section 4.6.16, subject to the following conditions: • That the technical comments be adequately addressed through the submission of revised plans. It was moved by Ms. Morgan, seconded by Ms. Golembe and passed 6-0 to approve COA 8-280 for the architectural elevations for the Avenue Bar and Grille based upon positive findings with respect to LDR Section 4.6.18, including the following: • The paint colors as presented. • The proposed sign providing it is approved by the Building Department's Sign Review Committee. B. COA 8-282: 332 S.E. 7th Avenue; Noncontributing Single Family Home; Marina Historic District; Zan Oliphant, Owner. Item Before the Board: The action requested of the Board is that of approving a COA to allow an existing carport to be enclosed, and the installation of a railing on the porch roof between the two front gables. It was moved by Ms. Golembe, seconded by Ms. Turner and passed 6-0 to approve COA 8-282 as presented based upon positive findings with respect to LDR Section 4.5.1(E), with the following conditions: • The carport enclosure will match the south bay of the front elevation. The existing south window opening will remain the same size but will be replaced with a new aluminum window, which will be factory finished white with applied muntins. The carport enclosure will have -3- 06/19/96 an identical window installed. A window will be installed on the north wall of the existing carport. • Installation of a decorative white wood porch type railing with round balusters between the two gables across the front porch roof. V. REPORTS AND COMMENTS: A. Reports from Historic District Representatives None B. Board Members Ms. Golembe inquired about the status of the review of the Historic Preservation Ordinance. Ms. Golembe also recommended that the Board's concerns regarding floor/area ratios, or increase in setbacks for new larger homes in the Beach area be transmitted to the Director of Planning and Zoning for action as soon as possible. C. Staff Ms. Cayce informed the Board about work without a permit at the Pam Reeder house on Banker's Row. VI. ADJOURNMENT: There being no further business before the Board, Ms. Farrington moved to adjourn the meeting at 9:00 P.M., seconded by Ms. Golembe and passed 6-0. The undersigned is the Secretary of the Historic Preservation Board and the information provided herein is the Minutes of the meeting of said body for June 19, 1996, which were formally adopted and approved by the Board on July 3, 1996. Diana Munch 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- 06/19/96 r' : ::: :;;::;::;: :;: • :::''::::::::y;:i: :;`.:'`.;:::;:;;:I TORN ES :. Project Name: Proposed South Ocean Boulevard Historic District. Project Location: 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 addresses are as follows: 501, 511, 521, 601, 611, and 701 South Ocean Boulevard The action requested of the Board is that of conducting a public hearing to allow the affected property owners and the public to comment on the designation of the proposed historic district. After the public has been heard, the Board will vote to transmit the designation nomination to the City Commission and recommend that the historic district be listed, by ordinance, in the Local Register of Historic Places. :: B'�.�::#O:::::EM.:.>:.:.:.OU_..::.:rdii>> ''iii:m <ii.FR > < ><»; ::::>:<:>::>:::::::::::>::>:>::::::>:»::»:»:>:::::>:::>:::>:>:>::>::::>:>: At the meeting of September 6, 1995, after a preliminary review of the district, the Historic Preservation Board initiated the nomination for historic district designation and requested staff to prepare a designation report. A draft of the report was presented to the Board at its meeting of September 20, 1995. At that meeting the board voted to delay accepting the designation report and therefore did not set a date for a public hearing. The proposed district was composed of six contiguous historic properties; three of the six property owners were in favor of creating the historic district and requested the Board to consider the nomination. On September 21, 1996 the three property owners in favor of designation withdrew their support for historic district status. At the Board's request, the designation report was again presented for review at its meeting of- May 1, 1996. At that meeting the Board voted to hold a special meeting on May 3, 1996 for the purpose of formally accepting the designation report and set the date for the public hearing for June 19, 1996. Meeting Date: June 19, 1996 Agenda Item: III T.. HPB Staff Report S. Ocean Blvd. Designation Page 2 .................::::.::........ .::::::::::.:.........::::: The proposed district consists of four historically significant single family residences; one vacant lot; and one new single family residence currently under construction. From north to south the properties are distributed as follows: three contiguous historic houses; a vacant lot; new construction; and an historic house. Please see the attached designation report for information on the properties and their historical and architectural significance. F.+IvfllUl�tlE At the time of the Board's initiation of the historic district designation, there were six contiguous historic houses within the boundaries, and three of the owners were in favor of designation. Since that time, one of the houses has been moved off the site, one has been demolished, and all of the property owners are opposed the district designation. While the four remaining sites are significant, the loss of the two contributing buildings has seriously compromised the integrity and continuity of the district. Additionally disappointing, is the lack of support of the owners within the proposed district. Proceeding with the designation, despite total lack of owner approval, projects a negative regulatory image which may seriously hamper the Board's ability to gain support for the designation of other historic districts. For example, the National Register will not list an historic district unless a majority of the property owners approve the designation. In light of the above, with only two thirds of the historic properties remaining and one new residence under construction which is inappropriate in scale, massing and design to the historic area, the Planning staff has reevaluated the nomination and no longer supports the historic district designation. However, as stated in the designation report, the four remaining houses are of unquestionable historical and architectural significance. Staff strongly recommends that the four remaining structures be listed in the Local Register of Historic Places by individual designation at the owners request. Individual listing will protect the buildings from inappropriate renovation; delay demolition for a period of up to six months; assure that new construction is reviewed through the COA process; make the properties eligible to participate in the County's tax abatement program for historic properties if restoration or renovation is undertaken. All of which will serve as a .means to preserve the historical integrity of the individual structures. HPB Staff Report S. Ocean Blvd. Designation Page 3 ::;.::.;::.;:.;:.;:.;;:.::.;:.;:.;:.;:.;:.;:.:.;:.::.;:.;:.;:.:.;:.;: :.;:.: .::.;;:.;:.::.:.;:.;:..................................................... .. .E .LIIRE�.......-...:::.�::::::::::::::::::::._.:::::::::::.................. Pursuant to Land Development Regulations (LDRs) Section 4.5.1(C) Designation Procedures, the Historic Preservation Board initiated the district nomination; reviewed and accepted the designation report and set June 19, 1996 for a public hearing. On June 5, 1996, notice of the public hearing was sent by certified mail to the property owners within the proposed district and by regular mail to all property owners within a five hundred radius of the proposed district. The required newspaper notice was published in The News on June 5, 1996. 1. Approve the nomination and transmit the Board's findings to the City Commission with the recommendation that the South Ocean Boulevard Historic District be listed in the Local Register or Historic Places. 2. Deny the nomination with reasons stated. Board's discretion file/6-hist .. .. HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: June 19, 1996 AGENDA ITEM: IV.A. ITEM: Site Plan Approval to Convert the Former Polly Noe Antique Building to an Upscale Restaurant and Bar, Located on the • South Side of E. Atlantic Avenue, Between S.E. 1st Avenue and Swinton Avenue. I I I I I I ) I II-1 I II I II I ATM LJ LJ U LJLJ LJLJWI ,ST I1d Ls Li N.W� 1ST SIR. _ :He.I 1 ^_ J --. ri .1 = COMMUNITY > OLD z _z CENTER A < SCHOOL " z SQUARE _ __ FIRE TENNIS N — i STATION zl I I I IZIIIIII(lI I I1= STADIUM zl I I I J _ �� li I 1 i � �— 1vl A T L A N N T I C AVENUE I !i. I POLICE SOUTH • 1 I Ink y� COUNTY - -r —� COMPLEX COURT Mi<� —�__z_ z ` HOUSE Z o 0 —< m m e� = Y N - 1111111/ 3 -o _Y F NM I.. _ O 0 O O i Ea_ _W h Z N� 3 3 N ��. 1 •VI� 1 N V `� i sw. 1 ST ST. S.E 1ST ST. .,� MU I_ Mil uui I I 1 l I I I f 11-1 1 I I I 1 f�� r u i I l �1 1 GENERAL DATA: Owner Bright Horizons Investment Corp. Agent Leigh E. Cove Location South side of Atlantic Avenue, in between S.E. 1st Avenue and Swinton Avenue Property Size 0.289 Acres Future Land Use Map Mixed Use . Current Zoning .. OSSHAD (Old School Square Historic Arts District) Adjacent Zoning North: OSSHAD East: OSSHAD _ South: OSSHAD West: OSSHAD Existing Land Use Vacant commercial space (formerly an antique store). Proposed Land Use Addition of a rear area to an existing two story structure, complete facade and elevation repair and upgrading, interior improvements, and railing and awning treatments. Water Service Existing on site. Sewer Service Existing on site. IV.A. i �iiiiiiiii:4iiiiiiiiiiiii:L•i:4:?4iiiiii::::i:•: :is>.:::i?::ii:ijr::i::i::::ii:�i'iiiiiii:iiiiiiii?;{:: y�YR :;;}St;;ii::i:::::::::;yi::::::::i:::i:::i:::::::::::::;;:y>;>:»::: ...... .. .. ......... ..RR .��111ff.......... .. ..yEa1tf ................ �.�:::::: :•i:•:•iiti4:ti4i}}}iii:•i:•is4;•i}is4iii:v:4:L;•ii:a:v^is4}i}i}:{+•;;•i:4:Q:^i'4 ::::::::::: : :;..........................::.�.�:::.�:::.�:::::::::::::::......................�.:�:::::.�::::::.�:.......................:..:.. The action before the Board is that of approval of COA 8-280 which incorporates the following aspects of the development proposal for Avenue Bar and Grille, pursuant to LDR Section 2.4.5(F): ❑ Site Plan ❑ Landscape Plan; and ❑ Design Elements The subject property is located at 32 E. Atlantic Avenue, between Swinton Avenue and S.E. 1st Avenue, in the Old School Square Historic Arts District (OSSHAD). The subject property consists of Lot 3, a portion of Lots 2 and 4, of Block 69, containing approximately .29 acre. The property is improved with a building and parking to the rear. The building, formerly known as Polly Noe Antiques, was constructed c. 1939-1940s and is Streamlined/Art Moderne in style. With the exception of the aluminum and glass entrance doors and the aluminum window frames, the facade of the building retains all of its original features, including the recessed entrance. The recessed entrance was a popular feature of the style as it provided shelter for sidewalk patrons and enlarged the window display area. On February 7, 1996, the Historic Preservation Board reviewed a pre-application for the Avenue Bar and Grille. At pre-application review, the applicant proposed a major renovation to the first floor and front facade, including: ❑ Removal of existing windows; ❑ Removal of the angled recessed entrance and infill with wall and windows extended flush to the sidewalk (property line); ❑ Removal of the entrance to the second floor stairwell; ❑ Installation of two sets of double doors on the east and west portion of the facade; ❑ Installation of two porthole windows east and west of the double doors; and ❑ Installation of an aluminum louvered awning across the front facade. HPB Staff Report Avenue Bar and Grille-COA 8-280 (Site Plan Approval) Page 2 The Board reviewed the proposed exterior elevations and colors and recommended - that the applicant proceed with the plans as presented. The site plan and landscape plan and architectural elevations are now before the Board for action. The project involves the conversion and renovation of the former Polly Noe Antiques building to an upscale restaurant and bar. The development proposal incorporates the following: ❑ Conversion of the former Polly Noe Antiques building into a restaurant and bar; ❑ Addition of 2,065 sq. ft. of new floor area to the existing 5,504 sq. ft. two story building (1,783 sq. ft. new area at ground floor and 282 sq. ft. new area at second floor); ❑ Complete facade and elevation repair and upgrading; ❑ Interior improvements to the interior of the two story building; ❑ Railing and awning treatments to create a single cohesive project on the Atlantic Avenue vista; ❑ Addition of an outdoor cafe; ❑ Parking improvements to the rear of the building; and ❑ Installation of associated landscaping. The applicant has submitted_floor plans for the proposed use. The first floor plan depicts a dining area, bar, waiting room, pick up areas, kitchen, and mechanical room. The second floor plan depicts a dining area, men and women restrooms, an office, mechanical room, and storage rooms. 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. HPB Staff Report Avenue Bar and Grille-COA 8-280 (Site Plan Approval) Page 3 Parking Requirements Per LDR Section 4.4.24(F)(1)(c), the proposed restaurant site is subject to the standards of the CBD zone district. Pursuant to LDR Section 4.4.13(G)(1)(a), parking requirements shall apply to new floor area only, and changes in use (both residential and non-residential) shall not be required to provide on-site parking. The parking required for the creation of new non-residential floor area shall be at the rate of one space for 300 square feet, or fraction thereof. In addition, LDR Section 4.4.13(G)(b) states that with a change of use, said parking requirements are reduced by one parking space on a one time only basis. Based on the above, six parking spaces are required for the proposed 2,065 sq. ft. new floor area. The site plan retains existing two parking spaces (one regular and one handicap) at the rear of the building, and the applicant proposes to purchase the six spaces required from the City. In-lieu Fee: Pursuant to LDR Section 4.6.9(E)(3), if it is impossible or inappropriate to provide the required number of on-site parking spaces, the City Commission may approve the payment of an in-lieu fee. This in-lieu fee is authorized only in the CBD, OSSHAD, and GC (West Atlantic Avenue Overlay District) Zoning Districts. Due to site constraints and the location of the building, the in-lieu fee is being requested for four parking spaces ($6,000 per parking space x 6 required parking spaces = $36,000). The applicant has provided a letter formally requesting the in-lieu option from City Commission. Sidewalk Cafe: The landscape plan depicts a group of four tables and chairs in front of the building. The sidewalk cafe is not shown on the site plan and as a condition of approval will need to be depicted. The table located in front of the double doors on the left will need to be removed or relocated. Pursuant to LDR Section 6.3.4(E) and (F), the applicant will need to apply for a right-of-way permit from the City Engineer to operate a sidewalk cafe, and provide a hold harmless agreement, and insurance coverage of not less than $300,000 for bodily injury, and property damage respectively. Roll-out Carts: Two roll out carts are proposed to be located in the rear of the building and will be screened by an enclosure of concrete slab with stucco finish, proposed landscaping and a proposed 6' aluminum picket fence. Waste Management has reviewed the site plan and has indicated the location of the roll out carts is acceptable. HPB Staff Report Avenue Bar and Grille-COA 8-280 (Site Plan Approval) Page 4 Technical Comments: Technical comments from various City- departments have been provided and as a condition of approval will need to be adequately addressed through the provision of revised plans. These comments are listed under the attached Exhibit A. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was noted. Land Use Element Policy C-3.3: Alleys located within the Old School Square Historic District on either side of Swinton Avenue shall remain and be made available for access to abutting properties. Accordingly, these alleys shall not be abandoned to private interests. Use of the alleys for access and parking is encouraged for redevelopment of properties within the Old School Square Historic Arts District. The Avenue Bar and Grille restaurant and bar provides two parking spaces at the rear of the building with access to the adjacent east/west alley. The landscape plan depicts landscaping at the rear of the building in the parking area. One Mahogany tree is proposed on the southeast side, and three Alexander Palms are proposed along the southwest side of the parking area. Shrubs and groundcovers include Cocoplum and Liriope Evergreen Giant, and will be located adjacent the proposed 6' (aluminum picket) fences. Pursuant to LDR Section 4.6.16(E)(3), all landscaped areas shall be separated from vehicular use areas by non-mountable, reinforced concrete curbing. The ends of the landscape islands to the rear of the building need to be protected with curbing and • this is attached as a condition of approval. Pursuant to LDR Section 4.6.16(H)(3)(d), the landscape barrier that separates the vehicular use area from adjacent property is required to be a minimum of 5' in width excluding the required curb. The landscape plan indicates landscape barriers 3' in width. The applicant has submitted a letter requesting a waiver from this requirement. Given the site constraints of the subject area, a waiver from this requirement is appropriate. HPB Staff Report Avenue Bar and Grille-COA 8-280 (Site Plan Approval) Page 5 The site and landscape plans indicate a 6' aluminum picket fence is proposed -- adjacent the landscape islands at the rear of the structure. The applicant has submitted details of the proposed fencing depicting an aluminum picket fence with white baked-on enamel finish. ............. Architectural Elevations: Renovations to the first floor of the front facade were presented at the pre-application review to HPB on February 7, 1996. Exterior elevations depicting the front and rear of the building have been submitted and replicate the architectural features of the Art Moderne architecture. The elevations include the installation of two sets of double doors in the front and rear of the building, porthole windows, and an aluminum louvered awning across the front building. These improvements will be an enhancement to the structure. Proposed Colors: The proposed colors were reviewed by the Board at pre-application review. The • exterior of the structure is to be painted in two shades of Tan, and a dark Celadon is proposed for the awning. Signage: The sign has not been reviewed by the Building Department at this time, but staff recommends approval, providing approval is given by the sign committee. Pursuant to LDR 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 record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. HPB Staff Report Avenue Bar and Grille-COA 8-280 (Site Plan Approval) Page 6 Section 3.1.1(A) - Future Land Use Map: The subject property has a Commercial Core Future Land Use Map designation and an OSSHAD (Old School Square Historic Arts District) zoning designation. The OSSHAD zoning district is consistent with the Commercial Core land use designation. Pursuant to Section 4.4.24(6)(2), within the OSSHAD, restaurants of a sit down nature are a permitted use. The proposal is to convert an antique store to an upscale restaurant and bar. 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, drainage, parks and recreation, open space, and solid waste. Streets and Traffic: The subject property is located within the Transportation Concurrency Exception Area (TCEA), and is exempt from traffic concurrency requirements. However, as a condition of approval, the applicant will need to submit - a traffic statement illustrating trip generation rates which will be utilized for monitoring overall trips approved in the TCEA. 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 LDR 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 is Old School Square, to the east is the Back Room blues bar, and to the west and south are offices. The proposed addition of a restaurant and bar is appropriate in a mixed use district. HPB Staff Report Avenue Bar and Grille-COA 8-280 (Site Plan Approval) Page 7 • Community Redevelopment Agency: At its meeting of May 23, 1996, the Community Redevelopment Agency reviewed the request and recommended approval of the development proposal, with the recommendation that the rear elevation be enhanced so the view from the alley and parking is improved. Neighborhood Notice: Special Notice was provided to the Old School Square Homeowner's Association. Letters of objection, if any, will be presented at the HPB meeting. >:<:::>::>::»::>::>::»:::;:::>:::>::>:«<:>::::>::>::>::>::»:<:: The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Due to the site constraints, the applicant is requesting a perimeter landscape waiver and that payment in-lieu of parking be permitted. The in-lieu fee proposal will need to be presented before the City Commission. The development proposal allows the adaptive re-use that is sought with developments within the OSSHAD zone district. :.;:::::::::::::::::::::::::::::::::::::::::::::::::::::::. 1. Continue with direction. 2. Approve COA 8-280 and the associated site plan, landscape plan and design elements for Avenue Bar and Grille subject to conditions. • 3. Deny approval of COA 8-280 and the associated site plan, landscape plan and design elements for Avenue Bar and Grille with basis stated. A. Waiver Approve a waiver to Section 4.6.16(H)(3)(d) to reduce the landscape area from 5' to 3'. HPB Staff Report Avenue Bar and Grille-COA 8-280 (Site Plan Approval) Page 8 B. Site Plan Approve COA 8-280 for the site plan for Avenue Bar and Grille 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 the applicant provide a letter formally requesting the in-lieu fee option for required parking. 2. That all technical comments be adequately addressed with revised plans. 3. That a traffic statement with trip generation rates for the restaurant be submitted. 4. That the applicant submit a permit application, hold harmless agreement, and insurance certificate to operate a sidewalk cafe to the City Engineer. C. Landscape Plan Approve COA 8-280 for the landscape plan for Avenue Bar and Grille based upon positive findings with respect to Section 4.6.16, subject to the following conditions: 1. That the landscape islands of the proposed landscape strips at the rear of the building be protected. 2. That the technical comment be adequately addressed through the submission of revised plans. D. Design Elements Approve COA 8-280 for the architectural elevations for Avenue Bar and Grille based upon positive findings with respect to LDR Section 4.6.18. to Attachments: ❑ Appendix A ❑ Appendix B ❑ Exhibit A - Technical Comments ❑ Location Map ❑ Site Plan ❑ Landscape Plan ❑ Architectural Elevations HPB Staff Report Avenue Bar and Grille-COA 8-280 (Site Plan Approval) Page 9 Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: With respect to water and sewer service, the following is noted: o Water service is provided to the site via a service lateral connection from a 2" water main located within the east/west 16' alley located to the rear of the property. o Sewer service is provided to the site via a service lateral connection from an 8" sewer main located within the east/west 16' alley located adjacent the rear of the subject property. o Adequate fire suppression is provided to the site via two fire hydrants located on East Atlantic Avenue between N.E. 1st Avenue and N. Swinton Avenue. The conversion of the building from an antique store to a restaurant and bar will have a minimal impact on water and sewer demands as it relates to this level of service standard. Drainage: A drainage plan has been submitted indicating that drainage will be accommodated on-site via the installation of a catch basin and exfiltration trench. Streets and Traffic: The subject property is located within the Transportation Concurrency Exception Area (TCEA), and is exempt from traffic concurrency requirements. However, as a condition of approval, the applicant will need to submit a traffic statement illustrating trip generation rates. HPB Staff Report Avenue Bar and Grille-COA 8-280 (Site Plan Approval) Page 10 Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: Trash generated each year by the proposed 7,569 sq. ft. restaurant and bar will be 24.9 pounds per square foot per year, or 94.2 tons per year. Solid waste generation rates are not available for the previous use of the building, an antique store. Using solid waste generation rates for store retail, the original 5,504 sq. ft. building generated approximately 10.2 pounds per square foot per year, or 28.1 tons per year. The restaurant increase can be accommodated by the existing solid waste facilities. HPB Staff Report Avenue Bar and Grille-COA 8-280 (Site Plan Approval) • Page 11 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Appropriate separation of travelways is made for vehicles, bicycles, and pedestrians in a manner consistent with objective D-1 of the Traffic Element. Not applicable Meets intent of standard X Does not meet intent C. Open Space enhancements described in Open Space and Recreation Objective B-1, are appropriately addressed. Not applicable X Meets intent of standard 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. HPB Staff Report Avenue Bar and Grille-COA 8-280 (Site Plan Approval) Page 12 Not applicable X Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent G. In order to provide for more balance demographic mix, the development of "large scale adult oriented communities" on the remaining vacant land is discouraged. Not applicable X Meets intent of standard • Does not meet intent HPB Staff Report Avenue Bar and Grille-COA 8-280 (Site Plan Approval) Page 13 IMEMEEMEMEMEME >::>::::::::::>::::>:::::::>::::>:<:»:::<:>::»::>::>::::>::»>::>::::>:::>::::::»::::>::>::>:<:::>: <N < :...';.:,:;:B>:,.>;.'>...:11' > 1 1€`' i€ `l`' ' ii<` i 111111 €> '111`1` 1`111 1 lEMEMINEMEMERENTECOMMintilVAMOMMERMINMEMENSIE Fire Department 1. Panic hardware is required. 2. Improper discharge from north stairs back unto first floor. 3. Provide tread, riser, and handrail details for stairwells. 4. Reduce step-down out of kitchen exit. 5. Doors swing into exit aisle at elevator machine and wire room. 6. Chair partially obstructs west exit aisle. 7. On second floor door shall swing with egress. 8. On first floor provide exit sign at hallway to rear exit. 9. North exit sign in located in kitchen. 10.Show that stairwells have one hour fire-rated construction. Building Department 1. Indicate the number of occupants per floor. 2. Provide calculations to establish means of egress capacity per Section 1120 "Assembly" of the Standard Building Code. Enginering 1. Provide legend indicating symbols, proposed-vs-existing lines etc. 2. Show proposed grades in parking area. 3. Show location of existing sewer service and provide connection to can wash area. • 4. Show location of grease trap. 5. Provide typical section through proposed parking area indicating type of construction. Police Department 1. Outside exposed spigot - suggest either locking cover device over spigot or- removal of handles to prevent unauthorized use of water and camping by vagrants. 2. Lock alley gate and north access door by the can wash. Secure the enclosure accesses when not in use to prevent vagrants loitering and foraging for food. HPB Staff Report Avenue Bar and Grille-COA 8-280 (Site Plan Approval) Page 14 3. Need to "theft proof' the brackets or add additional bracketing to secure the downspouts. Downtown businesses experiencing theft of downspouts and gutters. 4. It is strongly suggested an alternative fencing material be utilized instead of aluminum to deter theft of fence to be used/sold for scrap. 5. Maintain shrubs, ground cover and trees on routine schedule to maintain clear visible sightlines between restaurant rear and the alley, so as not to offer places of concealment. Community Improvement (Landscaping) 1. Per 4.6.16(E)(5) trees shall be a minimum of twelve (12) feet in overall height at the same time of planting, with a minimum of four (4) feet of single straight trunk with six (6) feet of clear trunk, and a six (6) foot spread of canopy. The landscape plan provides a 10' Mahogany tree which needs to be revised accordingly. CITY > _ ATTORNEY w_ =w w a BUILDING a 1 a >a >a a — z - BLVD. N.E. — 2ND ST. 0 Z N w III - D f lir a 0 -a Z vI 0z = CT] -rn CITY ce ' LU N I� i Z HALL > w o - a 14 - N.E. 1ST I ST. w w z z z = • COMMUNITY o _z CENTER SCHOOL Viti zSQUARE _ _ TENNISviSTADIUM I z ATLANTIC T A V E N U E j/ /I , I SOUTH III!i.II COUNTY COURT HOUSE IA z /11111 > w w a a >a o a • > /tiql Ell > w!- a > Q Z S.W. 1ST ST. — S.E. 1ST - ST. w a z 1 Jos N I q) _ ~ 0 N _ TI Z W N f� Vi S.W. 2ND ST. S.E. 2ND ST.- I I 3 3 3 w //I/ 'LLI w w vi vi vi ¢ vi ____ ----7 —7 N --iimft' AVENUE BAR & GRILLEill° PLANNING DEPARTMENT CITY OF DELRAY BEACH. 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D•-D-D•Vko..k by " " I°DS . lM.tN I.,.L ',Nett west elevation A_8 Project Name: COA 8-282 Project Location: 332 S.E. 7th Avenue, Marina Historic District The action requested of the Board is that of approval of COA 8-282 to allow an existing carport to be enclosed. The single family residence was constructed in 1962. It is of c.b.s. construction with a slab foundation. The main roof gable runs north and south. Two opposing gables at right angles to the main roof are at the north and south ends of the structure. The single carport is located under the north gable. The applicant is proposing to enclose the carport for use as a room. The carport enclosure will match the south bay of the front elevation. The existing south window opening will remain the same size but will be replaced with a new aluminum window, which will be factory finished white with applied muntins. The carport enclosure will have an identical window installed. A window will be installed on the north wall of the existing carport. Between the opposing gables and over the front porch is a flat deck roof which is accessed from the porch. The applicant is proposing to install a decorative white wood porch type railing with round balusters between the two gables across the front of the deck. The style of the porch deck railing will be similar in design to the porch railing on page 49 of the Design Guidelines; the overall effect will be similar to the porch - treatment on page 31 of the guidelines. 1. Continue with direction. 2. Approve COA 8-282, as presented. Meeting Date: June 19 , 1996 Agenda Item: IV-B i . 2 HPB Staff Report COA 8-2822 Page 2 • 3. Deny, with reasons stated. ::::>::>::>::::>::::::>::::::::»»::>::>::>::::>::>::>::>::>::::>::::::::::::>::::>::::>:::: RECOMMENDATION >:»:«::>::;:.;:.:.::.;:.:;:.::.::.;:.>::.;;:.;;:.;:.;:.::.;:.;::.:::.:»:.::.::.>:....................... Based on positive findings to Section 4.5.1(E), approve COA 8-282 as presented.. . file/coa282sr ,; N . . . . / ` 1 •£,J.'.9•• .b. FTC/``�.� 1'i� /.^ ... t. r LF :Ls3-•� s` 1 • •� _ '-:.-:::•?..,...... :� y^ . +q•.4• • •_ •' � �re� ..': 1 .��; iw':.•.y.�' �'' r .! a :rI NtiJ ji.�' G, •a; •,,.a . h y ryn _ � ey 'i • „ • • . • y;: : '24..':•t/4.tir?•�yT'•,$''.' . _" • ir • •vY• L a1r y • ' 33 s r?t >X y:,>•:r 1 .f.:,:,(.7'. .'.::.,Pf`iijllyn%.7s.•14,,r0• t••rk e.7�[„ y i• b°.:(+'.•• '1 ,1 .ayY j'�';1 �i�a: ti::%:ri ,,., `ry' y.:vr%:;:pv1.:.1-.+ ' 91r,...m.rK!°, •w-;..:^ '' Lr:f.yr r.,l •.( t MM- C � .1')^ � y: .y.z.SVI i •..Y Y•:tY?'y rJ--.. : .r s,?�• .'./rr�do-:i fal:Lll f rl c_ :i, . 9.:..s”:4 �'•ii ''C ,yk` V,t 4tr,; .„..1 'vv `::';' ,: f.1.S . .v . - ".. ,L:XR•�T)J.i'.l �'�FK ��J„.r`':%.\�i`T?` Xv -,. �%v• ''� L.W•.;i`i'. East View of House from Road 332 SE 7th Ave. Zan Oliphant 274-8789 • r • Existing South window replaced with colonial Carport enclosed to look Identical to style(white trimed squares).Size not changed. South wing of house.Same window style, size,and position. NORTH :ttA ay. t UiuooC'J' :'7 r. G { SINGLE HUNG WINDOWS B248 08500/PRO BuyUne 6386 Available with breakaway integral fin for wood construction and 1/2 inch -' '+ flange for masonry construction. Flange serrated for partial removal for • window replacement. • tva pi Single Hung windows arc available in standard widths of 19 1/8",26 l/2". > •. Pr''' "s 37".and 53 I/3"with standard heights of 26",38 3/8".505/8",63"and 76". �• r 7 For number and configuration of colonial Cites,call our Sales Department at. ":4' :_is ' 1-800.237.6258. :,;fit •' 1' . Flange (4000) Integral Fin (4001) _-• : 1 1.I47 .488 115 r c "• 03 'il y'y i 401 : I 229 1 l e I Hi . I i I • - __ • Li 1 i SERIES 4000 FEATURES I ,o9f{ ,j� - Integral nail fin frame(Series 4001) i — II • Single or double applied muntins only 1.668; i.4 • .094 •Deluxe • True Colonial ,lL I { I —4...111. swivel-type • Insulated glass 1/1 • I ._ I lockinghardware l I .� 1 1.s68 irll-i�� • Colonial insulated 212 window {{ .�_�L—, Removable (muntins between glass) Height I' II Window ' „.. vent • Double strength,3/16"and 1/4"glass I I i A [i Hight i -Tempered glass i • Popular glass colors { • Add-on 1 3/4"nailing tin, 1 1 • Sizes:Standard,modular and custom i F • Pro-View(Oriel style) ,�. ' • Pass-thru I li i. I C lift call nt • Radius top ' 125 I II� • Architectural single hung Jar---- if ----Double ' 0 I.875 weather stripping .` '... ,1 Top view Flange ? 1 Mullion "'L.cl' - 7-fle.,-,,,,' %111A?—. .......„...,... • It - s --:"-1,r-,ri. r - Top view \II 11 �/ ..::4:. m, •:. 7.....i_...,;. 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'‘.. • - - .. .... • )\. i . 1 \ 1 . . . :. . .., '-. • \ 1 • . . .. ... .... , . , . • , . . • 1 .. . . |?�� ������ ��X�� ~ m",m 5,QU^ , ell 57 ' ' - --------' - -- --'' ` h �\ ^ ! .-- _--__-_---__- --�, -__- ____ 1. _ m N _ 11 _filhT1ST1 LL . i 6.._ .. 35 , (o Z (Ml Li S �6$. 4298" o.¢' H. { 'tI !Pk x r--.._ Z'3' i •} n 7al • • L I �_. i s s . � _ 8 `:::�_ r �7 :ILLS OtO n..7N f. •f•i. 1, i it ,1{ + N �. _.. t ZO Cl.o•� , WOOD / 7.9D y ti _ 1 d DECL' 0 0 I* ' . 4`, . .� •+ t a LEGF • ••• *.'::'• ',., - .°. .-.::.• 4 t11-•'::,:ft-',,,(....4. ,.. : . 13 N:o' It,95 ' -' THE SOUTH '�O FEET OF fl HALF ',CE1/ ':>, OF THE E i e In 0 - , LESS THE EAST 2�i FEE C. N N ° .r ° _" ' OF THE TOWN; OF LINT( 'N II oNIe N • • ¢ ? w TO THE PLAT THEREOF :� N ST• OR-/ z° i ti 7 OF THE CIRCUIT IN At RE51vE�10E , '� �i 35�0 �, �, Q RECORDED IN FLAT EO( J y l• h b 90 TI LYING AND BEING IN F 60 0 1-,. O. U 5' ''o o _ " _ FLOOD ZONE: "AE" 1: • o ���rIo>` of c1.6o' 35,1' oo w o - a` $coc►- Izo -�C r _ o°. 1n DATE FIELD WK: 1 1 / : �c - "-�"'""" COMPLETION DATE: 1 : y IC\N N �c N g9o� CERTIFIED TO: ALEXF o o o DELMAR: TITLE I.OMF'AN' I.s' o•-' 3 INSUF:ANI=E C:OMF'ANY; I XZ � • SUCCESSORS AND/OR A: L"T 15 . O G (rrl) PROPERTY ADDRESS 5' E. 7TH AVENUE • 0P 6Loce Izo DELRAY BEACH, FLOF:I: ' (NOT VAUD UNLESS EMBOSSED WRH THE SIGNING SURVEYOR'S SEAL) MISS :ONDrt10NER I HEREBY cum TH BOUNDARY SURVEY MEETS THE MINIMUM 1. PLAT BEARING BASE. THE UNE MARKED / AS REFERENCE UNE. LENGTH TECHNICAL ST FO D URWYS AS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS IN 2. LEGAL DESCRIPTION PROVIDED BY CUENT. :ULATED 1 CHAPTER 21 ADMjjjIyyyISTRATNE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. 3. THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS OR OTHER RECORDED BOOK ENCUMBRANCES NOT SHOWN ON THE PLAT. I OK MD PAGE r OF J/ 4. UNDERGROUND PORTIONS FOOTINGS, FOUNDATIONS OR OTHER IMPROIEMEWTS WERE A OR CENTRAL ANGLE NOT LOCATED. NAGE EASE DIT SIGNED' S. ELEVATIONS ARE BASED UPON NATIONAL GEODETIC VERTICAL DATUM lO2o (saw 19 O. ,A 6. FENCE TIES ARE TO THE CENTERLINE OF THE FENCE. nMC P LAND SURVEYOR 7. WALL TIES ARE TO THE FACE OF NE WALL +DMEJSURED FLDRI ERRFICATE NO. 3705 6• IN SOME INSTANCES, GRAPHIC REPRESENTATIONS HAVE BEEN EXAGGERATED TO MORE CLEARLY ILLUSTRATE RELATIONSHIPS BETWEEN PHYSICAL IMPROVE►IENTS AND/OR LOT UNES. IN ALL CASES, HED•FLOOR DIMENSIONS SHOWN SHALL CONTROL THE LOCATION OF THE IMP EMS OVER SCALED POSTI1ONS. CIA. RECORD BOOK # PACE LEGEND "• 1 I ME • SE 611-1 AVE 7 FEDERAL HW).' (U.S. 1) . . .. I ,. ..- -- - - " .. . e y . , I - . .1 , I, '•••k \ ' i 1 , -- , i tAl . t)..) . , -- ... v, SF, 7th AVE zon _ .p... v) rn i 11"3" i ill ... ,..._, L.., III IIII - vl ,--3 . v) ,, .. menmestrZ (7- . tA Ir • ,s, It ci" _ tt . • ,--3• . . MT'?Ar., ... -''rl•L OAS TA r . . • ---- . - . . •• _ . . • . -,.., . , ., I.• • : '7:- 'I 2 •q :!, • DISCOVER flOR1DA ' $ INCHAN1-ING " GOLD COAST " • .1;t P � The Colony Hotel, built in 1926 and listed on Delray Beach's local • f L p,I Register of Historic Places,epitomizes the elegance of the 1920s • / j.I .. r m.:Winters Florida"Gold Coast"with its fine Mediterranean Revival Architecture. ,, ®:y The Colony Cabana Club *with its private beach and • • ' heated salt water pool offers Wrl• delightful lunches and is the 6. perfect place for parties, ,___if z e b vow.: , _ • r while The Colony Hotel, 7_ ,..y . , 1 boasts delicious local cuisine, �' - ,f entertainment and /j ' t, /� w�*, refreshment in The SandBar, f?';� a(► ��%t� ' .41 , tropical foliage and white . a ����/ • wicker in the lobby. • . ► - -- -- g �y - PI I11 at _ :,, II ' .I A 0,17) • � - ti Pink sand in your toes,seashells in your fingers,flying fish and pelicans over the waves;palm fronds rustle in warm evening breezes,a gracious oasis. ....). . a� 11111 MR al a 4 ilfm,ec. 16/n/ii..' ..'-' . , --. Mt 4 .� �p�ila 41 aN 11 -1-7/t. et..5L6nvi i a II :;i!1 P tg,r'------_-_fr--- -,...-•=e - - - :la*.. ' 1 : I DflRAY BEAR, fLO.RIDA - 525 East Atlantic Avenue �. Post Office Box 970 33447 Tel 407-276-4123 pops!Here's Our Correct: r: • - I'.!/r Phone#:1-800.552.2363 - _s. = x� Fax#:407-276-0123 � \;sII -, _ COOL SUMMERS THE COLONY KENNE!3UNKPORT, MAINE - -_ ` Weddings,Receptions, s �� g P = Dances and Meetings _ - hosted for groups v �e from 10 to 300. - A. 11111.7 1 �. � _ fi - � — = D{[RAY BEACH, fIORIDA mow- L. _ ,tee ` Boughton Fancily Ownership/Management since 1935 Recycled Paper 0 DISCOVER fLOR1DA ' S ENCHANT-ING " GOLD COAST " • -, „ The Colony Hotel, built in 1926 and listed on Delray Beach's local Cc f Register of Historic Places, epitomizes the elegance of the 1920s • A '€ !r ' Florida"Gold Coast"with its fine Mediterranean Revival Architecture. . 4 ;arm 'Winters The Colony Cabana Club i ' *with its private beach and ' heated salt water pool offers — 0 delightful lunches and is the _:- -•-- .. perfect place for parties, _- '9" --. - - . I-�� .. = �, while The Colony Hotel, " — ,, ? �J boasts delicious local cuisine, % � ,u�\ \ _. i entertainment ands �i !� \� t . refreshment inThe SandBar, `' �`viT tropical foliage and white p - Ie -,, wicker in the lobby. %. - __- :t- -A111 -. - - ✓f • Pink sand in your toes,seashells in your fingers,flying fish and pelicans overte waves;palm fronds rustle in warm evening breezes,a gracious oasis. 7—.7/1(_"(.:).6:97,... . ' - - . , :11O d 1 y _ gi '3 - v n. - i ti_ - t fir~I.. `-�-- - _ y._ i ' ' ' ..- DfIRAV EACH, flORIDA . 525 East Atlantic Avenue _ _ Post Office Box 970 33447 - -- Tel40--_-6-4123 _ - Pr i¢ OOPS! Here's Our Correct: z Phone#:1-800.552.2363 ., = a t .`, -- Fax#:407-276-0123 xng. al �+ - COOL SUMMERS THE COLONY KENNEDUNRI'ORT, MAINE - Weddings,Receptions, , ""' i _ . Dances and Meetings hosted for groups _ ,;,.,, 'r /r - from 10 to 300. S`.J _ r .K�v p 4,4,410_ 1 t ti II pal iv 11 ,� �_. DfLRAY BfACfI, fLORIDA -:y _Z Boughton Family Ownership/Management since 1935 Recycled Paper a HISTORIC PRESERVATION BOARD ATTENDANCE LOG 95/96 JOHN V. BUCK JULIE VERA JOHN J. DEBORA PAT 09/06/95 P P P P P P A 09/20/95 A P P P P P P 10/04/95 P P A P P P P 10/18/95 P A P P P P A 11/01/95 P P P A P P P 11/15/95 P P P P P P P 12/06/95 P P P P P P P 12/20/95 P P P P P P P HISTORIC PRESERVATION BOARD MEMBERS ATTENDANCE LOG 94/95 JOHN CHARLIE SANDY BETTY VERA JULIE 09/07/94 CANCELED JOHN CHARLIE SANDY BETTY VERA JULIE BUCK 09/21/94 P P P P P P P 10/05/94 CANCELED 10/19/94 A P P A P P P 11/02/94 P P P P P P P 11/16/94 P P P A P P P 12/07/94 A P P P P P P 12/21/94 P P A P A P P 01/04/95 CANCELED 01/18/95 P A P P P P P 02/01/95 P A P A P P P 02/15/95 A P P P A A P 03/01/95 P P P P A P P 03/15/95 P P P P P P P 04/05/95 P A P P P A P 04/19/95 P P A P P P P 05/03/95 P P P A A P P 05/17/95 A A P A P P P 06/07/95 P P A R P A P 06/21/95 CANCELED JOHN CHARLIE SANDY VERA JULIE BUCK JOHN 07/05/95 CANCELED .' 07/19/95 . P P P P P P P 08/02/95 CANCELED 08/16/95 P P P A P P P For Sue Re quasi-judicial proceeding When the Board gets to the particular item, either the Chairperson, staff person or attorney (if one of them is present) will announce that the item is before the Board for a hearing, and will ask you to swear in the witnesses Stand and ask: WILL EVERYONE WHO INTENDS TO GIVE TESTIMONY, PLEASE STAND AND RAISE YOUR RIGHT HAND. Administer the oath: BY THE AUTHORITY VESTED IN ME AS A NOTARY OF THE STATE OF FLORIDA, DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH. They reply in the affirmative and sit down. You've administered the oath and can leave. ) • a) The applicant has the burden of proving that the proposed rezoning is consistent with the comprehensive plan and is compatible with the surrounding area. If the landowner meets this burden of proof, the City may choose to rezone the property. b) If the City wishes to deny the rezoning request, the burden shifts to the City to demonstrate that maintaining the existing zoning classification accomplishes a legitimate public purpose. The City has the burden of showing that the refusal to rezone the property is not arbitrary, discriminatory, or unreasonable. 16. Burden of Proof-Conditional Use a) The applicant has the burden of proving that the proposed conditional use is consistent with the comprehensive plan. If the landowner meets his/her burden of proof and meets the other requirements of the City's ordinances, • the applicant meets his/her burden of proof and the City may choose to - grant the conditional use with or without conditions. b) If the City wishes to deny the conditional use request, the burden shifts to the City to factually demonstrate that the conditional use will have a: 1. Significant and detrimental effect upon the stability of the • neighborhood within which it will be located; or 2. That it will hinder development or redevelopment of nearby properties. 3. . In addition, the Commission must identify facts which provides substantial competent evidence to conclude that the public interest would be adversely affected by granting • the applicant the conditional use. quasi.sar 2