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HPB-10-20-1993 4 p LP' BEACH bad MMmximeiti 1 r AGENDA 1993 HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: October 20, 1993 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. I . CALL TO ORDER II . APPROVAL OF MINUTES: September 15, 1993 III . PUBLIC HEARING ITEMS A. Request for Variance NO 8-32 50 Palm Square, Marina Historic District Joan Raab, Owner. Presented by Richard Raab, Authorized Agent. The applicant is requesting relief from: LDR Section 4.3.4(K) . A request to reduce the rear setback to 6 ' where 15 ' is required. This variance is being requested in conjunction with the construction of a 2 car residential garage with a 700 square foot apartment on the second floor. IV. CERTIFICATES OF APPROPRIATENESS A. COA 8-210 50 Palm Square, Marina Historic District. Richard Raab, Authorized Agent. New construction of a 2 car residential garage with a 700 s. f. apartment on the 2nd floor. * Approval of site plan * Approval of landscaping plan * Approval of design elements HPB Agenda October 20, 1993 Page 2 B. COA 8-192 Continuation, Diamiano's Restaurant, 52 N. Swinton Avenue, Old School Square Historic District. Lisa Diamiano, Owner. Consider change in trim color from white to pink. V. DISCUSSION AND ACTIONS ITEMS A. Establish a date for the Public Hearing in conjunction with the designation of a property located at 622 N. Ocean Boulevard to the Local Register of Historic Places. VI . REPORTS AND COMMENTS A. Reports form Historic District Representatives B. Board Members C. Staff VII. ADJOURN POSTED ON: October 14, 1993 cg&Ze--/-4; Pat Cayce, His orxc Preservation Planner MINUTES OF THE HISTORIC PRESERVATION BOARD PUBLIC HEARING WEDNESDAY, OCTOBER 20, 1993 LOCATION: FIRST FLOOR CONFERENCE ROOM 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 I . ROLL CALL: The Chairman called the meeting to order at 6 :00 P.M. Board Members: Christine Bull Present Daniel Carter (Chairman) Present Sandy Jamison (2nd Vice-Chairman) Present Buck Miller (Vice-Chairman) Present Margie Miller Present John Vaughan Present Charlie Williams Present Staff Members Present: Jeff Costello, Planning & Zoning Department Pat Cayce, Planning & Zoning Department David Tolces, City Attorney's Office II. APPROVAL OF MINUTES: September 15, 1993 Meeting Sandy Jamison moved to amend the minutes for the September 15, 1993 meeting under Item VI, Reports from Historic Districts as follows: "Sandy Jamison reported that the Del-Ida Park Neighborhood Association had elected new officers: Toni Del-Fiandro, Chair and Skye Klatt, Vice-Chair. " Christine Bull moved to approve the minutes for the September 15, 1993 meeting as amended, seconded by Buck Miller. The vote was as follows: Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller - Yes; Margie Miller - Yes; Buck Miller - Yes; John Vaughan - Yes; Charlie Williams - Yes. Said motion passed 7-0. III . PUBLIC HEARING ITEMS: A. Variance No. 88-32: 50 Palm Square; Marina Historic District; Joan Raab, Owner; Richard Raab, Authorized Agent. Based on a failure to make positive findings with respect to Section 4 .5. 1(J) the Board denied a variance to Section 4.3.4(K) to reduce the rear setback from the required 15 ' to the requested 6 ' . Sandy Jamison moved to deny Variance No. 88-32, seconded by Christine Bull. The vote was as follows: Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller - Yes; Margie Miller - Yes; Buck Miller - Yes; John Vaughan - Yes; Charlie Williams - Yes. Said motion passed 7-0. The City Attorney had previously determined that if the 6 ' variance was denied the applicant could request a variance of 10' at the same meeting and without additional property owner notification, as the 10 ' variance would be less than that which was advertised. The applicant formally requested that a 10 ' variance be considered by the Board. Based on making positive findings with respect to Section 4 .5. 1(J) the Board approved a variance from Section 4 .3.4(K) to reduce the rear setback from the required 15 ' to 10 ' . Margie Miller moved to approve Variance No. 88-32, seconded by Christine Bull. The vote was as follows: Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller - Yes; Margie Miller - Yes; Buck Miller - No; John Vaughan - Yes; Charlie Williams - Yes. Said motion passed 6-1. IV. CERTIFICATES OF APPROPRIATENESS: A. COA 8-210: 50 Palm Square; Marina Historic District; Joan Raab, Owner; Richard Raab, Authorized Agent. The Board recommended that the applicant return with revised elevations and site plan to reflect the 10 ' rear setback. In order to mitigate the 10 ' rear setback, the Board recommended that the proposed garage and apartment be limited to 22 ' in depth (east to west) . The Board made the following suggestions with respect to the revised elevations: * Redesign the roof to provide an east/west gable over the south portion of the building (see alternate Plan A) ; and, * Replace the double garage door with 2 single doors. - 2 - 10/20/93 The Board agreed to hear the continuation at its next meeting of November 3, 1993. (The applicant did not present the revised plans in time for inclusion on the agenda and the continuation has been postponed until the meeting of November 17, 1993. ) B. COA 8-192: Diamiano's Restaurant; 52 N. Swinton Avenue; Old School Square Historic District; Lisa Diamiano, Owner. The Board moved to approve COA 8-192 for exterior paint colors (main color: Flagler Yellow and trim: White and Pink) based upon positive findings with respect to Section 4.5. 1(J) with the following conditions: 1. That the pink trim color be toned to a lighter intensity, and 2. That the pink color be used in smaller quantities. The pink paint is to be applied to the reveals of the window and door trim and the face of the trim is to remain white. Christine Bull moved to approve COA 8-192, seconded by Margie Miller. The vote was as follows: Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller - Yes; Margie Miller - Yes; Buck Miller - Yes; John Vaughan - Yes; Charlie Williams - Yes. Said motion passed 7-0. V. DISCUSSION AND ACTION ITEMS: A. The Board moved to establish November 3, 1993 for the Public Hearing in conjunction with the designation of a property located at 622 N. Ocean Boulevard to the Local Register of Historic Places. Sandy Jamison moved to approve the Public Hearing date, seconded by Margie Miller. The vote was as follows: Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller - Yes; Margie Miller - Yes; Buck Miller - Yes; John Vaughan - Yes; Charlie Williams - Yes. Said motion passed 7-0. VI . REPORTS AND COMMENTS: A. Reports from Historic District Representatives: None. B. Board Members: None. - 3 - 10/20/93 C. Staff : Mrs . Cayce stated that an application for a demolition permit has been received in the Building Department for a single family residence located at 711 S. Ocean Boulevard. Staff will research the building and report back to the Board at the next meeting. VII . ADJOURNMENT: Sandy Jamison moved for adjournment at 8 : 00 P.M. , seconded by Buck Miller. The vote was as follows : Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller - Yes; Margie Miller - Yes; John Vaughan - Yes; Charlie Williams - Yes . Said motion passed 7-0 . The next meeting is scheduled for November 3, 1993 . The undersigned is the Secretary of the Historic Preservation Hoard and the information provided herein is the Minutes of the meeting of said body for October 20, 1993, which were formally adopted and approved by the Board on November 17, 1993 . // `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 - 10/20/93 100 N.W. 1st AVENUE • DELRAY BEACH, FLORIDA 33444 • 407/243-7000 WOW All-Ameriq 1 1993 PUBLIC NOTICE 88-32 A petition has been received from Joan Raab requesting a variance from the Land Development Regulations for property located at 50 Palm Square. You are being notified of this request because your property is located within a 500 ' radius of the subject property. The requested variance is as follows: Variance to LDR Section 4 .3.4 (K) , pertaining to rear setback requirements in the RM (Medium to Medium High Density Residential) Zoning District. A request to allow a 2 car residential garage, with a 700 square foot apartment on the second floor, to be constructed 6 feet from the rear (west) property line, where a minimum setback of 15 feet is required The subject property is located in the Marina Historic District, and is legally described as follows: Commencing at the intersection of the South Right-of-way line of Atlantic Avenue, as shown on the Plat of the Map of the Town of Linton, according to the plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, and the West Right-of-way line of Palm Street, as now laid out and in use; thence run Southerly along the West Right-of-way line of Palm Street, 363.60 feet to the Point of Beginning; thence continue Southerly along the West Right-of-way line 100.00 feet to a point; thence run Westerly, 100 .00 feet along along a line South of and parallel to Atlantic Avenue; thence run Northerly 100 .00 feet along a line parallel to Palm Street; thence run Easterly 100.00 feet along a line South of and parallel to Atlantic Avenue to the Point of Beginning, said property also known as Lots 34,35,36 and 37, Block 125 of the unrecorded Plat of Palm Square. The Historic Preservation Board will conduct a public hearing at 6 : 00 PM _an Wednesday, October 20, 1993 in the First Floor Conference Room at City Hall, 100 N.W. 1st Avenue, Delray Beach, THE EFFORT ALWAYS MATTERS Pr,r!ed or.Pecyc!ed Paper Public Notice 88-32 Page 2 Florida, and all persons interested will be given an opportunity to be heard. Please be advised that if a person or persons 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 the proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which to appeal is to be based. The City does not provide or prepare such record. Pursuant to F.S. , 286 .0105 . If you would like further information with regard to how this proposed action may affect your property, or if you would like to review the plans for this development, please contact Patricia Cayce, Historic Preservation Planner, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444, or phone 407-243-7284 . •t. t. September 9, 1993 61. DEVE‘OPMEN'1)•rCO. r '.' ,s . ;. ; .: 50 PALM SQUARE, DELRAY BEACH,FLORIDA 33444 (305) 272-7280 Historic Preservation Board City of Delray Beach City Hall , 100 NW 1st Ave. Delray Beach, FL 33444 Distinguished Board Members: Your granting of the requested 6 ft rear setback on our 50 Palm Square property will enhance the Marina Area Historical District in the following manners: (a) A variance would not be contrary to the public interest, safety or welfare because it would permit the construction of a two-car garage as opposed to a one-car garage which would lessen the traffic impact on 20 foot wide Palm Square. (b) Special conditions and circumstances exist in this historic district which provide for separate guest quarters which will be built above the garage. In the future, this above-garage quarters will be occupied by our daughter. (c) Literal interpretations of the provisions of existing ordinance which requires 15 foot rear setbacks of multi-dwellings, even though the use is single family residential , would force the garage so far forward on the 100 foot deep lot that it would impair the sight lines and air flow of my new neighbor, David Clitter, on his adjacent property at 60 Palm Square. (d) The variance requested is the minimum necessary to construct the two-car garage far enough to the rear of the property to where it is parallel -to an existing guest house on Mr. Glitter's property which is built on the property line and an existing fence (see photo "A" enclosed) . Two different architects have designed four buildings with rear setbacks ranging from 5'6" to 15' . The only way to get a two car garage is to set the building on the six foot rear setback which allows the single car driveway to fan out to a two car approach and double garage door. By moving only four feet forward, this necessary maneuvering room is eliminated, thus reducing to a one-car garage. The new building will be visible from the properties of only three surrounding neighbors. (Of the greatest importance is Mr. David Clitter on the south boundary.) His main residence will not be impacted if the building is placed on the 6 foot rear setback because his guest building plus an existing 16 ft fence provide a shield. If the building is moved forward (to 10' or 15' setbacks) it will impact his kitchen windows. Since the building is but 3ft from his property line, his considerations should carry greater weight. The second property within the sight lines of the new building is directly across Palm Square and is owned by Alex Campbell , Jr. , who also favors the 6 ft setback to enable construction of a two-car garage to remove our two parked cars from Palm Square. When cars are parked on both sides of Palm Square, as often happens, Palm Square is reduced to one lane traffic flow. The third property within the sight lines of the new building is the rear of a two-story apartment building on SE 7th Ave. , owned by Tom and Anne Lynch. I spoke to the Mayor last Monday regarding this variance request but haven't been able to recontact him for his sentiments. I feel certain that Tom will advise the Board of their feelings prior to the scheduled October 6th hearing. I trust the combined wisdom of this distinguished Board will come to the conclusion that a few feet of rear yard is of less value than impacting Mr. Clitter's residence, and will see the advantage of removing two autos from much traveled Palm Square. Respectfully -submitted, \--Joan Raab, Owner Richard Raab, Authorized Agent Encl : David Clitter letter Alex. Campbell letter Survey; Photos Plans 4 Floor Plans List of property owners & typed labels Map of property w/50 ft radius Check $150 Sepetmber 9, 1993 TO: Chairperson & Board Members Historic Preservation Board City Hall - 100 NW 1st Ave. Delray Beach, FL 33444 FROM: Alex G. Campbell , Jr. 53 Palm Square Delray Beach, FL 33483 SUBJECT: Variance requested by Mr. & Mrs. Richard Raab of 50 Palm Square Findings have been presented to me recently regarding the impact of a garage with guest quarters above on the Raab property. Three building plans, each with a site plan depicting rear setbacks of 6 feet, 10 feet and 15 feet, have been examined thoroughly. The site plan with 10 foot and 15 foot rear setbacks allow only the construction of a one-car garage, while the site plan with a 6 foot rear setback permits a two-car garage. My property is directly across the street from the subject property. When my guests park along the curb in front of my property and the Raab's park in front of their property, Palm Square is reduced to a one lane street. This is evident every time a downtown function occurs. It makes good sense to me, and I trust to your board, to remove more cars from this congested downtown street by approving the 6 foot setback request. As to the asthetic architectural value to the neighborhood, I also find the two-car garage building more appealing. Very truly yours, Alex G\Ca bell , 53 Palm Square 60 Palm Square Delray Beach, FL 33483 September 8, 1993 Historic Preservation Board 100 NW 1st Ave. Delray Beach, FL 33444 Dear Board Members: Regarding the variance petition of my next door neighbors, Richard and Joan Raab, I strongly urge the Board to grant the six foot rear setback as they request. Since one of my two guest buildings is located on our mutual property line, I can hardly object to the three foot side setback variance which they were granted ten years ago. I prefer to see their garage/apartment building placed as far to the rear as possible so that it is removed from my residence's window sight lines. If your Board permits the building to be built six feet from the rear property line, it will be completely shielded from my main house by one of the guest buildings, plus the existing fence which extends sixteen feet from the end of my guest house. Two mature palm trees and a very tall Norfolk Pine tree are growing on or near the property line which prohibits the extention of the fence. Since my property is one of the two most effected neighboring properties, I would hope that my considerations are given the highest priority. Sincerely, 'L/it'L..`zff L'77-7—(T David A. Clitter 60 Palm Square STAFF REPORT HISTORIC PRESERVATION BOARD MEETING OCTOBER 20, 1993 AGENDA ITEM III & IV-A VARIANCE REQUEST 88-32 AND COA 8-210 50 PALM SQUARE, MARINA HISTORIC DISTRICT JOAN RAAB, OWNER RICHARD RAAB, AUTHORIZED AGENT ITEM BEFORE THE BOARD The proposal is to construct a two car garage with a 700 square foot apartment on the second floor, to be located on the southwest corner of the lot. In conjunction with Certificate of Appropriateness application 8-210 the applicant is requesting a variance from Section 4 . 3 . 4 (K) of the Land Development Regulations to reduce the required rear (west) setback of the building from 15 ' to 6 ' . A Public Hearing for the variance request is required. The variance request and the COA will be heard as follows : * The Chairman will open the Public Hearing. * The applicant will present plans for the new construction and explain his reasons for requesting the variance. * After discussion the Board will vote on the variance request. * The chairman will close the Public Hearing and the Board will continue with the COA application review process . BACKGROUND The contributing building on the property was built in 1937 and contains 2 dwelling units, one on the ground floor and a smaller rental apartment on the second floor. No on-site parking is provided. In 1983 the Board of Adjustment granted a variance from the side yard setback to 3 ' in order to allow a one car garage to be constructed. This garage was never built. The applicant has revised the original plans to include space for 2 cars, a storage area, and the addition of a 700 s . f. one bedroom apartment on the second floor of the garage. Density Requirements The subject property is 100 x 100 sq. ft. ( 10, 000 sq. ft) and is zoned RM. Two dwelling units and a "guest cottage" or Staff Report Variance 88-32 & COA 8-210 Page 2 "guest unit" are permitted for this size lot. There are currently 2 dwelling units on the property; the owner's unit on the first floor and a small rental apartment on the second floor of the exiting contributing structure. The applicant is planning to use the garage apartment as a rental unit and convert the upstairs apartment in the main residence to a "guest unit" which will no longer be a rental property. A definition of Guest Cottage and Guest Unit as stated in Appendix A of the LDR's is attached. The proposed garage apartment and the existing apartment each contain 700 sq. ft. or less. This allows the owner the option to designate the garage apartment as the guest cottage at a future date, and return the apartment in the main house to an income producing unit. Only 2 electric meters will service the property. In order to insure that it is clearly understood and accepted by the current owner and future owners of the property, that the property is to consist of no more than 2 primary dwelling units and one accessory guest cottage or guest unit, which is not to be rented, an affidavit stating such should be signed by the applicant and made part of the public records . The affidavit should be in a form that is acceptable to the City Attorney, and should be made a condition of the COA approval. Setback Requirements This property is located in the RM zoning district. Because this development will consist of 2 dwelling units and an accessory guest unit (see page 19 of Appendix A, which is attached) it is considered, for setbacks purposes, a duplex. Pursuant to Section 4.3.4(K) , duplexes in the RM district require 15 ' side interior setbacks and a 15 ' rear setback; and Pursuant to Section 4 .3.3(Q) (3) Guest Cottage: , the structure shall be located to observe the setback requirements as imposed for the principal structure. In 1983 the applicant was granted a variance by the Board of Adjustment to allow a 3 ' side interior setback from the south property line to construct a garage. As variances run with the land and do not expire, the 3 ' side setback remains applicable for the proposed garage. Parking requirements Pursuant to Section 4 .6 .9(C) (2) (b) , four parking spaces are required for the existing duplex; currently none are provided. Parking is accommodated along the street, as is typical with other homes in the Marina District. The proposed 2 car garage will decrease the parking non-conformity by 2 spaces. A guest apartment does not require a parking space. Staff Report Variance 88-32 & COA 8-210 Page 3 ANALYSIS OF THE VARIANCE REQUEST Variance to LDR Section 4 .3.4 (K) , pertaining to rear setback requirements in the RM (Medium to Medium High Density Residential) Zoning District. A request to allow a 2 car residential garage, with a 700 square foot apartment on the second floor, to be constructed 6 feet from the rear (west) property line, where a minimum setback of 15 feet is required. Pursuant to Section 4 .5 . 1(J) Historic Preservation Board to act on Variances; when the Historic Preservation Board acts on variance requests it is guided by the following as an alternative to the criteria normally used by the Board of Adjustments. ( 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. The applicant states in his letter of justification that the construction of a 2 car garage would lessen the traffic impact on Palm Square. While staff agrees with this statement, there are aspects of the proposal which would be contrary to the public welfare. The existing 2 story apartments which are adjacent to the west of the subject property (facing S.E. 7th Avenue on Lots 18-21) , are located only 10' 2 ' from the rear property line. Thus if the garage is constructed as proposed only 16 '2" would be provided between 2 two-story buildings. This may significantly reduce the amount of air and light provided for the garage apartment and the east units of the adjacent apartment complex. (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, 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 Resister of Historic Places. The applicant's justification to paragraph (b) is that special conditions and circumstances existwithin the historic district which provide for separate guest quarters which are built above garages. Staff Report Variance 88-32 & COA 8-210 Page 4 Staff cannot support this justification, as garages and guest cottages are allowed in most single family and multi-family zoning districts, and are not limited to those in historic districts. (c) Literal interpretation of the provisions of existing ordinance would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character of the historic district or historic site. The applicant states in his justification to paragraph (c) that the use is single family and should be guided by that setback ( 10' ) . As previously stated, there are 2 units on the property, therefore the 15 ' setback is applicable. Further, while the applicant's statement may provide some justification for a reduction to 10' it does not justify a reduction to 6 ' . As an additional justification to paragraph (c) the applicant states that complying with the 15 ' setback would place the garage so that it would impair the sight lines and air flow of his neighbor to the south. In staff's opinion there is merit to this statement. As previously stated the applicant was granted a variance from the Board of Adjustments in 1983 to reduce the south side yard setback to 3' to allow the construction of a one car garage. As variances run with the land the 3' south side yard setback remains in effect. Any garage that the applicant builds may be constructed to within 3' from the south property line. The house to the south is located 8 ' from the side property line. If the 15 ' rear setback is met the garage, which is 22 ' from west to east, will extend approximately 13 ' eastward from the rear of the neighbor's house and will be only 11' from two windows on its north wall. If the 6 ' variance is granted there will be less of an impact to the house to the south. However, the impact on the adjacent residence could also be mitigated by redesigning the building and moving it to the north, closer to the applicant's house, so that the majority of the impact is contained on the applicant's property. Please see the letter from the owner of the affected residence, David Clitter, which is attached to the statement of justification. (d) The variance requested is the minimum necessary to preserve the historic character of an historic site or of an historic district. With respect to paragraph (d) , the applicant states that the variance requested is the minimum necessary to construct a two car garage far enough to the rear so as not to adversely affect his neighbor to the south. Staff Report Variance 88-32 & COA 8-210 Page 5 Staff suggests that this is not a case of considering the minimum variance necessary to preserve, restore or even reconstruct a structure which was historically part of the site. In this case the Board is being asked to consider a variance to accommodate new construction of a two car garage with an apartment above, without disturbing the configuration of the applicant's swimming pool. Granting the variance, whether minimum or not, does not relate to preserving the historic character of the site or the district. Nor can the Board be guided by Section 4 .5. 1(J) (2) (c) as it relates to granting variances with respect to appropriate adaptive reuse of an historic structure or site. The applicant can only have two dwelling units on the site, and this he already has. The ability to have a guest unit for his family and a two car garage is a pleasant amenity but does not relate to adaptive reuse. Staff feels that if the 6 ' variance is to be considered it must be based partially on the egregious decision made in 1983 by the Board of Adjustment to grant the 3 ' south yard side setback. Indeed, if the proposed building is built 15 ' from the rear property line and to within 3 ' of the south property line, it will adversely affect the contributing residence to the south. And conversely, if it is built 6 ' from the rear property line it will adversely affect the apartments to the west. Alternative designs for the proposed building. The applicant has submitted 2 alternative plans for the proposed building. Optional Plan A for COA 8-210 which requires a variance to allow a 10 ' rear setback; and Optional Plan B for COA 8-210 which meets the 15' rear setback which does not require a variance. Optional Plan A The applicant has stated that if he is denied the 6 ' variance he will request that the Board grant a 10 ' variance from the rear setback. Optional Plan A for COA 8-210 reflects the building with a 10 ' setback. The building is 32 ' deep and increases the distance that it will be parallel to the historic house to the south to 18 ' . Optional Plan B Optional Plan B for COA 8-210 is setback 15 ' from the rear property line and does not require a variance. The building is 27 ' deep and runs parallel to the historic house to the south for a distance of 18 ' . While either of the above above alternatives would have a lesser impact on the property to the rear than the proposed plan, neither alternative decreases the impact on the south building. The impact on the building to the south could best be mitigated by limiting the depth of the structure to a maximum of 22 ' , and by moving it northward, away from the south property line. Staff Report Variance 88-32 & COA 8-210 Page 6 Staff' s recommendation with respect to the variance request Based on the above analysis, there is insufficient justification to paragraphs (a) , (b) , (c) and (d) of Section 4 .5. 1(J) ( 1) , that a variance is necessary to maintain the historic character of the property, for staff to support a variance from the rear setback requirements. In addition, it is staff's opinion that: There is sufficient room on the property to construct a garage without granting a variance. A guest apartment is not necessary to maintain the historic nature of the property. It is possible to create other on-site parking without granting a variance. ACTION ON VARIANCES ALTERNATIVE ACTION 6 ' Variance ( 1) Approve the variance to Section 4 .3.4 (K) , to reduce the rear setback requirement from 15' to 6 ' , based on making positive findings with respect to Section 4 .5. 1(J) . (2) Deny the variance to Section 4 .3.4 (K) , to reduce the rear setback requirement from 15' to 6 ' , based on a failure to make positive findings with respect to section 4 .5 . 1(J) . RECOMMENDED ACTION ( 1) Deny the variance to Section 4.3.4 (K) , to reduce the rear setback requirement from 15' to 6 ' , based on a failure to make positive findings with respect to section 4 .5. 1(J) . ALTERNATIVE ACTION 10 ' Variance ( 1) Approve the variance to Section 4.3.4(K) , to reduce the rear setback requirement from 15' to 10 ' , based on making positive findings with respect to Section 4.5 . 1(J) . (2) Deny the variance to Section 4 .3.4(K) , to reduce the rear setback requirement from 15' to 10 ' , based on a failure to make positive findings with respect to section 4 .5 . 1(J) . Staff Report Variance 88-32 & COA 8-210 Page 7 RECOMMENDED ACTION ( 1) Deny the variance to Section 4 .3.4(K) , to reduce the rear setback requirement from 15 ' to 10 ' , based on a failure to make positive findings with respect to section 4 .5 . 1(J) . CERTIFICATE OF APPROPRIATENESS APPLICATION 8-210 The parking, setback, and density requirements have been discussed in the first pages of this report. This portion of the report addresses the design elements of the proposed building. DESIGN ELEMENTS Structure The 1st story is to be constructed of cement block and the 2nd story will be frame. The entire building will be stuccoed to match the existing residence. The decorative rafter tails which are present on the existing building will be repeated on the new roof. The applicant has some original double hung wood windows from the main house and will attempt to install them on the east facade of the 2nd story. If this is not practical, he will substitute double hung aluminum windows with a white finish. Wood shutters will be installed to match the residence. The building will be painted white and the shutters painted to match those on the main house. The roof will be shingled to match the residence. The double garage door is to be wood. Site Plan and Landscaping This property is fully landscaped with mature plantings, only slight modifications to the landscaping will be necessary. Foundations plantings for the garage will be provided as will a 5 ' landscaped strip between the driveway and the adjacent property to the south. The driveway apron is paved with asphalt and the applicant will install paver block ribbon strips for the driveway. The ribbon strips were previously approved by the former P & Z Traffic Engineer, and are appropriate to the historic district. A concrete apron will be installed in front of the garage door. ANALYSIS OF THE DESIGN AND LANDSCAPING Design Elements - Pursuant to Section 4 .5. 1(E) (7) Development Standards in Historic Districts, the proposed new construction is compatible Staff Report Variance 88-32 & COA 8-210 Page 8 in exterior appearance with the surrounding structures and does not adversely effect the historic structure existing on the property. The use of a single pair of ribbons strips for the driveway is appropriate and preserves the landscaped aspect of the plot. Other Items COA 8-210 has been presented in conjunction with a variance request to reduce the rear setback requirement from 15 ' to 6 ' . If this variance is not granted it will be necessary for the applicant to return with revised plans, or for the Board to accept optional Plan A or B for design review. Optional Plans A and B present the same construction and design details and are compatible with the above analysis. If either Plan A or Plan B is considered for design review, staff recommends that the depth of the building be reduced to 22 ' in order to lessen the impact on the building to the south. Twenty two feet is a generous depth for a residential garage. ALTERNATIVE ACT I O N Because of the nature of this application several alternatives are possible with respect to the COA. The applicant has submitted COA 8-210 in conjunction with a request for a reduction for the rear setback from 15 ' to 6 ' . He has also submitted optional Plan A requiring a 10 ' rear setback and Plan B with a 15 ' rear setback and no variance required. ALTERNATIVE ACTION If the 6 ' variance is granted Approval of COA 8-210 as presented is dependent on granting the 6 ' variance. If the variance is not granted the building cannot not be built as presented. 1. Approve COA 8-210 based on positive findings to Section 4.5 . 1(E) with the following conditions: A. That only 2 electric meters will service the property. B. That the applicant provide an affidavit in a form which is acceptable to the City Attorney, stating that the property is to consist of no more than 2 primary dwelling units and one accessory guest unit. 2 . Deny COA 8-210 Based on failing to make positive findings to Section 4 .5.1(E) . Staff Report Variance 88-32 & COA 8-210 Page 9 RECOMMENDED ACTION 1. Approve COA 8-210 based on positive findings to Section 4 .5. 1(E) with the following conditions: A. That only 2 electric meters will service the property. B. That the applicant provide an affidavit in a form which is acceptable to the City Attorney, stating that the property is to consist of no more than 2 primary dwelling units and one accessory guest unit. ALTERNATIVE ACTION If the 10' variance is granted Approval of Optional Plan A for COA 8-210 as presented is dependent on granting the 10 ' variance. If the variance is not granted the building cannot be built as presented. 1. Approve Optional Plan A for COA 8-210 based on positive findings to Section 4 .5. 1(E) with conditions A and B as stated above. 2 . Approve Optional Plan A for COA 8-210 based on positive findings to Section 4 .5 . 1(E) with conditions A and B as stated above; and, C. That the building be limited to a maximum depth of 22 ' . 3. Deny Optional Plan A for COA 8-210 based a failure to make positive findings to Section 4 .5. 1(E) . RECOMMENDED ACTION 1. Approve Optional Plan A for COA 8-210 based on positive findings to Section 4 .5. 1(E) with conditions A and B as stated above; and, C. That the building be limited to a maximum depth of 22 ' . ALTERNATIVE ACTION If no variance is granted 1. Approve Plan B of COA 8-210 based on positive findings to Section 4 .5. 1(E) with conditions A and B as stated above. Staff Report Variance 88-32 & COA 8-210 Page 10 2 . Approve Plan B of COA 8-210 based on positive findings to Section 4 .5 . 1(E) with conditions A and B as stated above; and, C. That the building be limited to a maximum depth of 22 ' . 3 . Deny Optional Plan B for COA 8-210 based a failure to make positive findings to Section 4 .5. 1(E) . RECOMMENDED ACTION 1 . Approve Plan B of COA 8-210 based on positive findings to Section 4 .5. 1(E) with conditions A and B as stated above; and, C. That the building be limited to a maximum depth of 22 ' . a . SITE . PLAN : . Cam ? --2 /0 • 50 PALM SQUARE . . DELRAY BEACH, FL. v Ex uri.4 5-rcuo Jke.5 4 Froibseb GAc, 4 ‘v SUIT1C -\WEST P,U.A.i 1:44'( PCX,17" Q 0 .. a Aw. 31"SP.lcL I \t4PROPOS-i,.V //tentitE,J uEv! JL(c I t 6L 4xiSsuu, AtJ3, I -4.9 7 / _ y- /- - /:r. / _ 4 t is T"?/''. k..t). . i CA / // 6____ m_______76.)0411.44 2 . 24) /• - T c 't voe w/4d.iss DAv+rYr.. . EAsr &XI.,uoe( —O r / _ ...._ .' I�J'JJ: — .�b...... - :- .._.__ O - - -- _ .—._--- - __ `- -- - _ — - - - ziLi.: I"=200' . ` -- ----------- --'- -'---------' - -_'-- __________ __- _-____-----~..~- 0 � � [K U D R D H Q '~ � ~' ` ,~ ' ~, ' =� ~ . ~ � ~ - - - - | ^ | � ' 1) - - ~ . 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W ip� \ cZ SnevG rvk6) v► -, <i o i 1 hN� ;41 "1 0t?1 0l lq- ,� �4} Q 1 _\ to N r •=�J �2 k41 l< r V . r� _•• • Ot I ruVit- to kl • C• I W G. co v.cti -. 25,45• o oto< i a l k1 ' `- I , C c . tT1i 3 /5.91. e4,?b� : 0 J Q Z 5rEP-5r 2 i� ;°,w\ A.+oRAy I.y •NTT°. '4 II- \- V� .0 r v I I I O I V wALK-- to AA) lsre-p, 2 1' , , 6,57' CONC, 0 I ` \ 9ff — \ 0 PATIO "" pN O ( , , COVfQEO F P t.o Z'� I` `C . SCALE.' ENTRY 1.,, 0 ti 1 N " Ilir. r\ 3_ N a? ,4\ 1 T vt a . Z 5TORV 1 ti/ '� y J I \ nn� I G'AR( (� '�� z J�K K OY K STRPoDQ�Vf .l ' K ‘- i- Alliernemr 1 h �� • '' I pROcoNc, wood e„/u Amor( i , CP•45S A✓ic�4,r \ \ R rr 1A — 0 87 9 _1\ CJt_ L NO re:rli,vi'i v i ,m werf /'�i�'vr l 'r f 5EPARAT/ON �4om /00• OO AroL' ZO. eO I ,C.EGE,,V,A Thy,.y,. d of f.f2" 6,. i • O ¢0-/W.o/GATES Cf.Nre, G/we- t -/Nv/6A TES ,VW-/Np/,of rej Mer,Yr--o,"-w.4 Y • "(0 Peg rY L bye- O.c.-- /,VOiGATES/O/Nr OFcas4ewcer16/rr CONG. -,NOKAres ce4eA'ere. r'o.9. - /A/D'cire.1 /own pF aere se,v/N e -5 y- - /ND/IATE - ,vor ro SCAc e + Certification: II I hereby certify this sketch as sho,zi hereon represents a survey made under my direction and to be true and accurate to the best of my knowledge and lx•lief 1 subject ease '•ts right-o ways of record. rlison A. Ge -' Registered Florida Land Survey r /ID. 2580, Date of Survey; S5May 22, 1991 i Notes. PAfl of s r rlA.N,' /o///933 1. This Survey meets the Minimum Technical Standards of Chapter 21-111I-6 2. Survey of: 50 Palm Street, Delray Beach, Fl. I LE-GAL DESCRIPTION: Commencing at the intersection of the South Right-of-way line of Atlantic Avenue, as shown on the Plat of the MAP OF THE TOWN OF LINTON, according to the plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, and the West Right-of-way line of Palm Street, as now laid out and in use; thence run Southerly . alcng the West Right-of-way line of Palm Street, 363.60 feet to the Point of Beginning; thence continue Southerly along the Vest Right-of-way line 100.00 feet to a point; thence 'run Westerly, 100.00 feet along a line South of and parallel to Atlantic Avenue; thence run Northerly 100.00 feet along a line parallel to Palm Strut: thence run Disterly 100.00 feet along a line South of and parallel to Atlantic Avenue to the Point of Beginning, said property also known as Lots 34, 35, 36 and 37, Block 125 of the vlrlrcPnrdod Plot of Polm Cquoro, , �- GENTR Y ENGINEERING & 1 . s /rc- �`'''v •� LAND SURVEYING, INC. 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'''!•,,. . TJ A • ... i 1 t . ..e., ... ....,. • , Yr 1 ":4 1...-44 .441/JUlk.-' • '-' . .-virD.---"oriernsri. ICS 1_4 .2.7 v., _. .i. • • fg t,..i.,2 I d• •f• flat.IIII ROW igenV114 ..4 „ 41/ . . I 1 1 / de/ 0'4t.s /%.• ..•; 1" liY1 ' 1 • • • .----.1 ,:.;,.: • / Ai •.;*. . 11 ,..i.4 ...,.., s..::', • 1,...J • L•sr i','i, ,.::::#.e.i;•.,..72a1.2.Z...:1'.7-7.V:',::'.•___.......__ . ..___ --,...;,..:;.,-:.••.;.':-'1::4,.',':,;,.7.;•A‘.!;.)1 • " 1 V.01 10 CA vik, N STAFF REPORT HISTORIC PRESERVATION BOARD MEETING OCTOBER 20, 1993 AGENDA ITEM IV-B DAMIANO' S RESTAURANT 52 N. SWINTON AVENUE OLD SCHOOL SQUARE HISTORIC DISTRICT LISA DAMIANO, OWNER The Damianos were originally going to paint the building the same color scheme as the Old School Square Buildings . Staff felt that this was repetitive but had no objection. At a later date they selected the same shade of pale yellow as the Duggan renovation, 124 S. Swinton Avenue, but substituting the trim color from pale orchid to pale pink, this was staff approved. Without COA approval the owners changed the pale yellow to a Flagler Yellow. However, Flagler Yellow is appropriate for the building and for historic Swinton Avenue, staff had no objection, thought it was an interesting choice and a lively addition to the corner. Several weeks later the pink trim color was applied to the front windows, as this combination cannot be approved by staff it must have Board review. Flagler Yellow was the color chosen by Henry Flagler for all of his wooden buildings, including his F.E.C. train stations . However as yellow fades they were often repainted white, but yellow was the color of choice and served as an identification mark for his empire. Flagler Yellow was used in conjunction with white trim and the only other color used was a medium dark green for signs . The signs usually had gold letters in combination with gold striping. The applicant is requesting approval to continue the pink trim, as already applied to the front, on all of the building' s windows and doors . RECOMMENDED ACTION Board's discretion 4 A `/1��¶� LAW OFFICE OF RO E (/'��I `l1'o SABERSO V, ?A. 70 S.E. 4th Avenue Telephone: (407) 272-8616 Delray Beach, FL 33483 October 4, 1993 Ms. Pat Cayce Planning Department City of Delray Beach 100 NW 1st Avenue Delray Beach, Fl.33444 Re: Historic Designation of Fontaine Fox House 622 North Ocean Boulevard, Delray Beach, Florida Dear Pat: In regard to the above subject please find enclosed the following: 1. My revised nomination letter addressed to the Historical Preservation Board dated October 4, 1993. 2. Revised form of Designation Report. As I explained to you the principal focus of the revisions are the following. (i) the deletion of the property lying east of A1A, and (ii) that the process for granting the variances and other approvals will be through the City Commission rather than returning to the Historic Preservation Board as was done with the Wilson property. I am enclosing a cross-through and underline version so it is easier for you to locate the changes. Thank you for your cooperation in regard to this matter. Sinc -ely yours, (4..1_ Roge G. aberson cc: Mr.Jim Friess ,t Ms. Susan Ruby '_ Ms. Diane Dominguez ' LAW OFFICE OF ]OGER G. SA]IERSO V�\�T , 1oAo I10 S.E. 4th Avenue Telephone: (407) 272-8616 Delray Beach, FL 33483 October 4, 1993 Historic Preservation Board City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Re: Revised Nomination for Historic Site Designation - Fontaine Fox House located at 622 North Ocean Boulevard (excluding the property lying east of A1A) Dear Board Members: I represent the property owner of the above referenced property. On their behalf I am submitting this revised nomination for designation of the subject property as an historical site, pursuant to Section 4.5.1 of the Land Development Regulations. This nomination is a replacement for the prior nomination of June 22, 1993. The subject property lies to the north of and adjacent to the historic site designated as "Fountain Fox House"under Section 4.5.1(K)(2). At the time of that designation the Board received rather extensive information concerning the historical significance of that property which information is also substantially applicable to the property for which this nomination is submitted. The home that is located on the subject property was designed by renowned architect John Volk, who also designed the home to the south. Mr. Volk designed the house on the subject property for Mr. Fontaine Fox, as he did the home to the south. The subject property qualifies for historic designation,as did the property to the south, for the following reasons: a) the subject property is associated in a significant way with the life and activities of a major person, Fontaine Fox, important not only in the City but nationally, b) the subject property is one of the City's better examples of Monterey style of architecture; and c) because the home on the subject property was designed by one of south Florida's most renowned architects, Mr. John Volk. The subject property was acquired by Fontaine Fox in 1935 and remained in the Fox family until 1978 when it was conveyed to my clients. This Nomination is being submitted subject to the City Commission granting the variances and other approvals referred to in Designation Report which is being submitted herewith. Historic Preservation Board October 4, 1993 Page 2 The land area east of AIA has been deleted from the nomination and the accompanying Designation Report. As the memo from David Kovacs to Susan Ruby pointed out, the City Commission is permitted to grant the required variances in this instance. We hope that the Board will find the designation to be mutually beneficial.I am enclosing herewith a proposed revised "Designation Report". Thank you for your cooperation in regard to this matter and if I can provide you with any further information please don't hesitate to contact me. Sincerely yours, r /AL Roger G. Saberson RGS/dl cc Mr. Jim Friess 3 October 4, 1993 .................... ................... Historic Preservation Board City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Re: Revised Nomination for Historic Site Designation - Fontaine Fox House located at 622 North Ocean Boulevard (excluding the property lying east of AlA) Dear Board Members: I represent the property owner of the above referenced property. On their behalf I am submitting this revised nomination for designation of the subject property as an historical site, pursuant to Section 4.5.1 of the Land Development Regulations. This nomination is a replacement for the prior nomination of June 22, 1993. The subject property lies to the north of and adjacent to the historic site designated as "Fountain Fox House"under Section 4.5.1(K)(2). At the time of that designation the Board received rather extensive information concerning the historical significance of that property which information is also substantially applicable to the property for which this nomination is submitted. The home that is located on the subject property was designed by renowned architect John Volk, who also designed the home to the south. Mr. Volk designed the house on the subject property for Mr. Fontaine Fox, as he did the home to the south. The subject property qualifies for historic designation,as did the property to the south, for the following reasons: a) the subject property is associated in a significant way with the life and activities of a major person, Fontaine Fox, important not only in the City but nationally; b) the subject property is one of the City's better examples of Monterey style of architecture; and c) because the home on the subject property was designed by one of south Florida's most renowned architects, Mr. John Volk. The subject property was acquired by Fontaine Fox in 1935 and remained in the Fox family until 1978 when it was conveyed to my clients. tit-eenneetieff-Ivith--the-designati.ower-the-eTNeet-pr-epefty-as-•an-histefieal-siterwe-will-alse a-nx l +:d.rz �th;, is 11 a ...,., s ued .,:ininiu n-lo• size 12 rnn -# -I t-is-10,502- ..a 97. 2 ft This Nomination is being submitted subject to the City Commission granting the variances , 7 ..............:.... and other approvals referred to in Designation Report which is being submitted herewith. Historic Preservation Board .................... October 4, 1993 .................... .................... Page 2 The land area east of AIA has been deleted from the nomination and the accompanying Designation Report. As the memo from David Kovacs to Susan Ruby pointed out, the City Commission is permitted to grant the required variances in this instance. We hope that the Board will find the designation to be mutually beneficial.We .................................................................................. I am enclosing herewith a proposed revised"Designation Report" and e Thank you for your cooperation in regard to this matter and if I can provide you with any further information please don't hesitate to contact me. Sincerely yours, Roger G. Saberson RGS/dl cc: Mr. Jim Friess DESIGNATION REPORT THE FONTAINE FOX HOUSE 622 NORTH OCEAN BOULEVARD, DELRAY BEACH, FLORIDA PURPOSE The purpose of designating the former Fontaine Fox property,located at 622 North Ocean Boulevard (hereinafter the"Subject Property") to the Delray Beach local Register of Historic Places,is to preserve the architectural and cultural significance of one of the City's most distinctive private residential ocean front estates. A nomination for designation has been filed and considered by the Board in a public hearing held pursuant to the provisions of Section 4.5.1 of the Land Development Regulations. II. LOCATION AND LEGAL DESCRIPTION The Subject Property is located at 622 North Ocean Boulevard, Delray Beach, Florida. It is comprised of land on the west side of State Road A-1-A. The Subject Property extends westward 339 feet from the west right-of-way line of State Road A-1-A. The legal description of the Subject Property is as follows: Lot 2,Block"E",revised plat,Block D and Block E,Palm Beach Shore Acres (Ocean Boulevard Estates) less the west 292.4 feet thereof and less the portion thereof lying east of State Road AlA, Delray Beach, Palm Beach County, Florida, according to plat thereof recorded in Plat Book 7 on Page 38 of the Public Records of Palm Beach County, Florida. III. HISTORICAL AND ARCHITECTURAL SIGNIFICANCE The Subject Property is significant for several reasons: (i) its architectural style is one of the better examples in the City of Delray Beach of what is known as the Monterey Style, (ii) the house was designed by renowned architect,John Volk,and (iii) the home was originally constructed for and owned by, Fontaine Fox, a world famous cartoonist. IV. PRESENT USE, CONDITION AND ZONING A. Present Use The Subject Property is improved with a "One and Two Story Main Wood-frame Residence"and also located on the property are a one story wood-frame cottage and a one 1 story wood-frame garage. Renovations to the Subject Property since its original construction have been in accordance with the architectural style and character of the original design of the main residence and other improvements. B. Condition The main house and other improvements are in good condition. C. Zoning The current zoning of the Subject Property is R1AAA. The nomination submitted by the owner is subject to the property owner obtaining variances for the property lying east of AlA to permit such property to be used as a separate single family building lot. V. IMPACT This designation is being made at the request of the owner of the Subject Property. VI. RESOLUTION The Historic Preservation Board of the City of Delray Beach hereby finds and determines as follows: A. The nomination for the designation of the Subject Property as an historic site is appropriate and conforms with the standards and criteria of Section 4.5.1 of the City of Delray Beach Land Development Regulations. B. The Subject Property is appropriate for designation as an historic site because: 1) the Subject Property is associated with the life and activities of a person of major importance to the City, and regional and national history, in that the Subject Property served as the residence of the famed cartoonist, Fontaine Fox; 2) the Subject Property exemplifies the social and historical trends of the community in that the principal residence represents their lifestyle,quality of life and architectural character that once typified seasonal living in south Florida; 3) the main residence on the Subject Property has architectural and aesthetic significance in that: (i) the building portrays the materials and design of an era of distinctive architectural style, a natural wood reflective of the traditional cypress construction; (ii) the building reflects distinguishing characteristics of a style,period and method of construction being reflective of traditional south Florida cypress homes few of which exist today; (iii) the building was designed by renowned Florida architect John L. Volk and represents one of the finest examples of this style and type of residential design by Mr.Volk;and (iv) the building contains design,detail, material and craftsmanship of an outstanding quality which represented,in its time,a significant innovation in adaptive design for the south Florida environment. C. The designation of the Subject Property shall be simultaneous with the following: (1) 2 the City Commission granting the following variances: a) variance of the lot size and lot depth requirements, to permit the property east of AlA to be a separate building lot in its present configuration; and b) that the right of way of State Road A-1-A adjacent to said lot shall be the existing 60 foot right of way and no additional reservation of right of way shall be required as a condition of development east of State Road A-1-A; (2) the City Commission giving final plat approval to the currently pending application for the Hancock Subdivision which creates a separate single family building lot east of AlA and (3) the City Commission granting such other approvals as may be required under City laws and regulations including concurrency requirements, to permit the prompt construction of a single family home and appurtenances,on the lot east of AlA. The property lying east of AlA is unique in regard to various circumstances that render it potentially unbuildable under the current provisions of the R1AAA district. Nonetheless,the construction of a single family home with associated improvements on the land east of State Road A-1-A is consistent with the goals and policies of the City Land Development Regulations. There is no other lot in the same zoning district that suffers the same confluence of circumstances, and the conditions and circumstances are peculiar to said property. These unique circumstances and conditions include but are not limited to the following: a) the property is one lot from the southernmost point of a long series of ocean-front lots which are improved with residences and b) the establishment of an Erosion Control Line divesting the owner of technical title to a substantial amount of land area between the mean high tide line and the erosion control line to which the property owner retains riparian rights. D. Absent the variances, the property owner will be deprived of the rights enjoyed by other properties in the same zoning district. E. The special conditions appurtenant to the property lying east of AlA are the result of public initiatives in regard to beach access,use and re-nourishment,including the establishment of the Erosion Control Line as part of the beach re-nourishment program. 3 DESIGNATION REPORT THE FONTAINE FOX HOUSE 622 NORTH OCEAN BOULEVARD, DELRAY BEACH, FLORIDA PURPOSE The purpose of designating the former Fontaine Fox property,located at 622 North Ocean Boulevard (hereinafter the"Subject Property") to the Delray Beach local Register of Historic Places,is to preserve the architectural and cultural significance of one of the City's most distinctive private residential ocean front estates. A nomination for designation has been filed and considered by the Board ( E I b' ) in a public hearing held pursuant to the provisions of Section 4.5.1 of the Land Development Regulations. II. LOCATION AND LEGAL DESCRIPTION The Subject Property is located at 622 North Ocean Boulevard, Delray Beach, Florida. It is comprised of land on the west side of State Road A-1-A. The Subject Property extends westward 339 feet from the eee .::::::::::.::::::.:;.......................: west right-of-way line of State Road A-1-A. The legal description of the Subject Property is as follows: Lot 2,Block"E",revised plat,Block D and Block E,Palm Beach Shore Acres(Ocean Boulevard Estates) less the west 292.4 feet thereof and less the portion thereof lying east of State Road AlA, Delray Beach, Palm Beach County, Florida, according to plat thereof recorded in Plat Book 7 on Page 38 of the Public Records of Palm Beach County, Florida. III. HISTORICAL AND ARCHITECTURAL SIGNIFICANCE The Subject Property is significant for several reasons: (i) its architectural style is one of the better examples in the City of Delray Beach of what is known as the Monterey Style, (ii) the house was designed by renowned architect,John Volk,and (iii) the home was originally constructed for and owned by, Fontaine Fox, a world famous cartoonist. IV. PRESENT USE, CONDITION AND ZONING A. Present Use The Subject Property is improved with a "One and Two Story Main Wood-frame 1 Residence"and also located on the property are a one story wood-frame cottage and a one story wood-frame garage. Renovations to the Subject Property since its original construction have been in accordance with the architectural style and character of the original design of the main residence and other improvements. B. Condition The main house and other improvements are in good condition. C. Zoning The current zoning of the Subject Property is R1AAA. The nomination submitted by the owner is subject to ;` o the property owner obtaining variances for the property lying east of AlA to permit such property to be used as a separate single family building lot. V. IMPACT This designation is being made at the request of the owner of the Subject Property. VI. RESOLUTION The Historic Preservation Board of the City of Delray Beach hereby finds and determines as follows: A. The nomination for the designation of the Subject Property as an historic site is appropriate and conforms with the standards and criteria of Section 4.5.1 of the City of Delray Beach Land Development Regulations. B. The Subject Property is appropriate for designation as an historic site because: 1) the Subject Property is associated with the life and activities of a person of major importance to the City, and regional and national history, in that the Subject Property served as the residence of the famed cartoonist, Fontaine Fox; 2) the Subject Property exemplifies the social and historical trends of the community in that the principal residence represents their lifestyle,quality of life and architectural character that once typified seasonal living in south Florida; 3) the main residence on the Subject Property has architectural and aesthetic significance in that: (i) the building portrays the materials and design of an era of distinctive architectural style, a natural wood reflective of the traditional cypress construction; (ii) the building reflects distinguishing characteristics of a style,period and method of construction being reflective of traditional south Florida cypress homes few of which exist today; (iii) the building was designed by renowned Florida architect John L. Volk and represents one of the finest examples of this style and type of residential design by Mr.Volk;and (iv) the building contains design,detail,material and craftsmanship of an outstanding quality which represented,in its time,a significant innovation in adaptive design for the south Florida environment. 2 C. for the let east of State Read A--I A to permit thereon the eeastruetiep eta single faanly-haine-with-assoefated-nnpFoveitients The designation of the Subject Property shall be simultaneous with the following: (1) the City Commission granting the following variances: a) variance of the lot tlimensleit-end-atfea-Fequirements lftelthliegiffinintiffn-let size and lot depth requirements,to permit the property east let of AlA to be a separate building lot in its present configuration; and b) that the right of way of State Road A-1-A adjacent to said lot shall be the existing 60 foot right of way and no additional reservation of right of way shall be required as a condition of development east of State Road A-1-A and-e-)-nay-ether-vaitipilee&-whiek afe.tteeessoFy-te-per-init-the-let-east-ef-A-14-to-lie•used-os; (2) the City Commission giving final plat approval to the currently pending application for the Hancock Subdivision which creates a separate single family lets building lot east of AlA and (3) the City Commission granting such other approvals as may be required under City laws and regulations including concurrency requirements,to permit the prompt construction of a single family home and appurtenances,on the lot east of AlA. The Subject Property property lying east of AlA is unique in regard to various circumstances that render it potentially unbuildable under the current provisions of the R1AAA district. Nonetheless,the construction of a single family home with associated improvements on the land east of State Road A-1-A is consistent with the goals and policies of the City Land Development Regulations.There is no other lot in the same zoning district that suffers the same confluence of circumstances,and the conditions and circumstances are peculiar to tbe,gobjeet-PrepeEty said property. These unique circumstances and conditions include but are not limited to the following: a) the property is one lot from the southernmost point of a long series of ocean-front lots which are improved with residences and b) the establishment of an er-a4eti-eentFel-line Erosion Control Line divesting the owner of technical title to a substantial amount of land area between the mean high tide line and the erosion control line to which the property owner retains riparian rights. D. Absent the variances, the property owner will be deprived of the rights enjoyed by other properties in the same zoning district. E. The special conditions appurtenant to the Subject Property property lying east of AlA are the result of public initiatives in regard to beach access, use and re-nourishment, including the establishment of the -eresion-eentrel4iFie Erosion Control Line as part of the beach re-nourishment program. 3