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HPB-11-03-1993 DELRAY BEACH bilocl AN-AmeaCity ' AGENDA HISTORIC PRESERVATION BOARD MEETING 1993 CITY OF DELRAY BEACH Meeting Date: November 3, 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 . PUBLIC HEARING ITEM: Recommend to the City Commission the property located at 622 N. Ocean Boulevard be designated as a Local Historic Site. The purpose of this public hearing is to allow the public to comment on a proposal to recommend to the City Commission that the property located at 622 North Ocean Boulevard be listed on the Local Register of Historic Places and designated as an historic site. III . CERTIFICATES OF APPROPRIATENESS A. 8-217 Doc ' s Soft Serve, 10 N. Swinton Avenue. Ralph Cantin, Architect, Authorized Agent. Approval of design elements including paint colors and awnings . &) IV. DISCUSSION AND ACTIONS ITEMS A. Review the historical significance of a single family residence located at 711 S . Ocean Blvd. V. REPORTS AND COMMENTS A. Reports form Historic District Representatives B. Board Members C . Staff VI . ADJOURN POSTED ON: October 28, 1993 V 'Pat Cayce, Historic Pç /( • s�rvaton Planner MINUTES OF THE HISTORIC PRESERVATION BOARD PUBLIC HEARING WEDNESDAY, NOVEMBER 3, 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) Absent 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 Diana Mund, Planning & Zoning Department Others Present: Mayor Lynch Commissioner Alperin II . PUBLIC HEARING ITEMS: Recommend to the City Commission that the property located at 622 N. Ocean Boulevard be designated as a local historic site. PUBLIC HEARING The owners of the subject property, C.H. Schumacher and W.W. Hancock, Claiborne Farms, Inc. appointed Roger Saberson, Esq. as their authorized agent. Mr. Saberson was present at the hearing. The purpose of the public hearing was to allow the public to comment on the proposal to recommend to the City Commission that the property located at 622 N. Ocean Boulevard be listed on the Local Register of Historic Places and designated as a historic site. To determine that the nomination fulfilled the proper designation criteria the Board considered Section 4.5. (B) ( 1) which states that to qualify as a historic site the property must fulfill one or more of the criteria set forth in division (2) or (3) . With respect to 4 .5. 1(B) (2) the Board made positive findings to paragraphs (a) , (d) and (e) . With respect to 4.5. 1(B) (3) the Board made positive findings to paragraphs (a) , (b) , (c) and (d) . Additionally, the Board made positive findings with respect to section 4.5. 1(B) (4) which states that in addition to the above criteria the site meets historic development standards as defined by and listed in the regulations of and criteria for the National Register of Historic Places. To determine that all procedures had been correctly followed the Board considered Section 4 .5. 1(C) (6) . The Board made positive findings with respect to Section 4.5. 1(C) (2) (a) (3) , that the property owner had initiated the designation. The Board made positive findings with respect to Section 4.5. 1(C) (3) as follows: (a) That the proposed legal boundaries of the historic site were included in the designation report. (b) That the proposed conditional zoning regulations designed to replace or complement existing zoning regulations with regard to setbacks and minimum lot size were included in the designation report. The designation of the subject property (that portion lying west of State Road A-1-A) to the Local Register is contingent upon the City Commission's approval to create a "buildable" lot on the portion of the property lying to the east of State Road A-1-A. If the Commission does not approve the creation of an eastward lot the property will be withdrawn from designation consideration. If the eastward lot is created it will not be part of the historic site. The Board found that Section VI, Paragraph C of the Designation Report included the above information and conformed to Section 4 .5. 1(C) (3) (c) . - 2 - il/03/93 (c) That the designation report contained an accurate analysis of the historic significance and character of the nominated property The Board determined that the public hearing had been properly noticed and made positive findings with respect to Section 4 .5. 1(c) (4) . The public was invited to comment on the historical significance of the property as the Board reviewed each of the designating criteria in Section 4.5. 1(B) . There were no public comments with resect to the designating criteria. After the criteria was reviewed the Chairman asked for general comments from the public. Mr. Steven Daniels counsel for Jack Eichelberger spoke against the designation with respect to Section VI, Paragraph C of the designation report as it relates to the creation of a buildable beach lot east of State Road A-i-A. Mr. Eichelberger owns the beach lot directly to the north of the proposed lot, and is in the process of constructing a home on his property. Mr. Daniels stated that Mr. Eichelberger was told that the two lots to the south did not contain the minimum square feet on which to build a home in the R-1AAA zoning district, and would therefore remain vacant. Mr Daniels told the Board that the creation of a lot east of State Road A-1-A would adversely affect his clients view and air and might cause a depreciation of his clients property. After discussion the Board approved recommending to the City Commission that the Designation Report be accepted as presented and be placed on the Local Register of Historic Places. Christine Bull moved for approval of 622 N. Ocean Boulevard, seconded by Margie Miller. The vote was as follows: Christine Bull - Yes; Daniel Carter - Yes; Buck Miller - Yes; Margie Miller - Yes; Buck Miller - Yes; John Vaughan - Yes; Charlie Williams - Yes. Said motion passed 6-0. At this point in the meeting Mr. Carter had to step away for another meeting. - 3 - 11/03/93 !' STAFF REPORT HISTORIC PRESERVATION BOARD MEETING NOVEMBER 3, 1993 AGENDA ITEM II PUBLIC HEARING RECOMMEND TO THE CITY COMMISSION THAT THE PROPERTY LOCATED AT 622 N. OCEAN BLVD BE DESIGNATED AS A LOCAL HISTORIC SITE. ITEM BEFORE THE BOARD The purpose of the hearing is to allow the public to comment on the proposal to recommend to the City commission that the property located at 622 North Ocean Boulevard be listed on the Local Register of Historic Places and designated as an historic site. Pursuant to Section 4 .5. 1(C) (6) , after conducting the public hearing, if the Board finds that the nomination fulfills the proper designation criteria and all procedures have been followed correctly, it shall vote on the designation. A majority of the entire Board must act in the affirmative to transmit the nomination and the Board's findings to the City Commission. To determine that the nomination fulfills the designation the Board will consider Section 4.5. 1(B) . To determine that all procedures have been correctly followed the Board will consider Section 4 .5. 1(C) (2) , (3) and (4) . Once the nomination has been transmitted to the City Commission, the Commissioners will consider the recommendation through their standard ordinance adoption procedure, except that at least three affirmative votes of the City Commission is necessary to make a designation. ALTERNATIVE ACTION 1. Approve the nomination of 622 N.Ocean Blvd and recommend to the City Commission that the property be placed on the Local Register of Historic Places by making positive findings with respect to Section 4.5. 1(B) . 2 . Deny the nomination of 622 N.Ocean Blvd for designation to the Local Register of Historic Places by failing to make positive findings with respect to Section 4 .5. 1(B) . RECOMMENDED ACTION 1. Approve the nomination of 622 N.Ocean Blvd and recommend to the City Commission that the property be placed on the Local Register of Historic Places by making positive findings with respect to Section 4.5. 1(B) . Section 4 .5. 1 ARTICLE 4 .5 OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS The Districts described in this Article do not establish uses or categorize uses . These Districts, however, do regulate allowable uses in a manner to mitigate adverse impacts of such uses upon the natural or man-made environment; or regulate development so as to mitigate potential dangers to the use of such developed land, or to otherwise implement policies and objectives of the Comprehensive Plan. Overlay and environmental management districts need not be shown on the Official Zoning Map. Section 4.5. 1 Historic Preservation Sites and Districts: (A) General: In recognition of findings as set forth in the original enactment of Ordinance 13-87, passed March 10, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, state, and national history; that provide significant examples of architectural styles of the past; that are unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of the physical surroundings in which past generations lived; and other purposes . (B) Criteria for Designation of Historic Sites or Districts: ( 1) To qualify as a historic site, or historic district, or historic interior, individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site or historic district, the property or properties must fulfill one or more of the criteria set forth in division .(2) or. (3)- below; to qualify as a historic. interior the interior must fulfill one or more of the criteria • set forth in division (2) and meet the criteria set forth in divisions (3) (b) and (3) (d) . (2) A building, structure, site, interior, or district will be deemed to have historical or cultural significance if it meets one or more of the following criteria: (a) Is associated in a significant way with the life or activities of a major person important in city, state, or national history (for example, the homestead of a local founding family) ; 4501 Section 4.5. 1 (B) !. Is the site of a historic event with significant effect upon on the city, state, nation; nificant way with a (c) Is associatedin sigric event, whether cultural, econnomic, mcjo h his social, military, or political; the historical, political, cultural,ies economic, (d) Exemplifies or social trends of the community in history; or, Is associated in a significant way with a (e) institution which has past . or continuing to the life of the contributed substantially city. A building, structure, site, or district is deemed (h or aesthetic significance if it fulfills to have architectural except that to qualify one or more of the following criteria; d . a histo ric interior, the interior must) meet the criteria contained within divisions (m) sh) and(a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; distinguishingthose characteristics of an a (b) Embodies rchitectural style, period, or method of construction; (c) Is a historic or outsstanding r, worandof a prominent architect, architect, or builder; or (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a • significant innovation o adaptation to the South Florida environment. • A building, structure, site, interior, or district (4)mtheto previously mentioned criteria, t will be deemed to have historic significance if, in addition place of the oru in g, site, or zone meets historic cvelopme of nt bustilding, structure,defined and listed in the regulationsas criteriad s for te by Register of Historic Places, the National of the interior under prepared by the United States Departmentct of 1966, as amended. A copy of the Historic Preservation efor the°nNational Register is made part of this these standards section as if fully set forth herein. 4502 Section 4.5. 1 (C) (C) Designation Procedures : ( 1) Buildings, structures, archaeological sites, or districts which meet the criteria for historic sites or districts set forth in Section 4 . 5 . 1(B) may be designated as historic sites or districts, and may be listed on the Local Register of Historic Places . (2) Nominations for historical site or district designation shall be made to the Historic Preservation Board on an application form developed and approved by the Board. (a) Nominations for historic site status may be initiated by: ( 1) The Historic Preservation Board; (2) The City Commission; or (3) The property owner. (b) Nominations for historic district status may be initiated by: ( 1) The Historic Preservation Board; or (2) The City Commission. (3) The Board shall conduct a preliminary evaluation of the information provided on each nomination application to determine if it generally conforms with historic status criteria. • The Board shall then prepare a designation report which shall contain the following: (a) proposed legal boundaries of the historic building, archaeological site, structure, or district; (b) any proposed conditional zoning regulations designed to replace or complement existing zoning regulations with regard to, but not • • •limited to. use, floor area, density, height, setbacks, parking, and minimum lot size; (c) analysis of the historic significance and character of the nominated property; and (d) analysis of optional historic interiors for those buildings and structures with interior features of exceptional architectural, aesthetic, artistic, or historic significance. Amd. Ord. 30-91 3/26/91 4503 Section 4.5. 1 (C) (4) (4) Upon completion and formal review of the report, the Board shall set a public hearing on each proposed designation. Notice of said hearing shall be made to the owner of affected property at least ten days prior to the hearing by certified mail. Additional notice shall be given in the same manner as provided for a rezoning action [see Section 2 .4 .2(B) ( 1) (b) ) and by notice published in the newspaper at least ten days prior to the hearing. (5) Once the public hearing date is established, no permits shall be issued for any new construction, alteration, relocation, or demoion of in thethe real issuance ofoperty permitsnwilled in remainthe in nomination. This delay effect until one of the following takes place: (a) The Historic Preservation Board denies the nomination and no appeal is filed pursuant to Section 2.4 . 7 (E) ; or, (b) The City Commission formally approves or denies the nomination. (6) After conducting the public hearing, if the Historic Preservatationocriteria finds andthat allhprocedures nomination have lfbeen ills the proper design followed correctly, it shall vote on the designation. A majority of the entire Board, present and voting, must act in the • affirmative to transmi the The nCityaCommissition and onhshallrconsiderdlthe to the City Commission recommendation through its standard ordinance adoption procedures, except that at least three desig atione vInethefevent the City Commission is necessary to make that a directly affected Co�issionproperty approvalowner shallobjects require aissuper designation, the majority vote of four votes . (7) After conducting the public hearing, if the Historic Preservationacis not find that he est fills • the criteria, no furtheratonwill be* requiredandtherequest. may be filed and will be deemed denied. However, an appeal processed pursuant to Section 2 .4 .7(E) . (8) The Board will issue an official "certificate of historic significance" to the owner of propertieslisted individually on the local historic register or j g contributing to the character of a historic district listed on the local historic register. he Director authorized to issue City Preservation Officer, or his appointee, and place official signs denoting the geographic boundaries of each historic district listed in the local historic register. Amd. Ord. 30-91 3/26/91 4504 k LAW OFFICE OF IO` ER G. SABEISOiV�T • , ioAo 70 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 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. 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, / 711 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 • storywood-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 RiAAA. 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 A1A 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 III . CERTIFICATES OF APPROPRIATENESS: A. COA 8-217: Doc's Soft Serve; 10 N. Swinton Avenue; Kevin Egan, Owner, Ralph Cantin, Architect, Authorized Agent. The Board moved to approve COA 8-217 by making positive findings with respect to Section 4 .5. 1(E) (8) as follows: 1. The building is to be painted Cream with the trim White and the fascia Burgundy. 2 . Awnings will be installed on the south, east and north facades which will cover the existing seating area between the building and the low terrace wall. The awning colors are to be Burgundy, White, and Dark Blue stripes. 3. Wood lattice is to be affixed to the exterior of the existing chain link fence on the north facade and will be painted to match the building. 4 . An air-conditioning unit and an exhaust hood will be installed on the roof behind the sign. The air-conditioning unit is to be enclosed with louvers and painted to match the building. 5. The landscaping is to be installed as indicated on the landscape plan. 6. The applicant will submit a site plan modification which may be approved by staff. John Vaughan moved for approval of COA 8-217 (Design Element) , seconded by Margie Miller. The vote was as follows: Christine Bull - Yes; Buck Miller - Yes; Margie Miller - Yes; Buck Miller - Yes; John Vaughan - Yes; Charlie Williams - Yes. Said motion passed 5-0. The Board moved to approve the nostalgic sign with the condition that it be restored to its original colors and neon configuration (see staff report for details) . And the Board approved the text change from "Doc's Soft Serve" to "Doc's All American" by making positive findings with respect to Section 4 .6.7(H) and Section 4 .5. 1(E) (2) (b) . Christine Bull moved for approval of COA 8-217 (Sign) , seconded by Charlie Williams. The vote was as follows: Christine Bull - Yes; Buck Miller - Yes; Margie Miller - Yes; Buck Miller - Yes; John Vaughan - Yes; Charlie Williams - Yes. Said motion passed 5-0. - 4 - 11/03/93 At this point Mr. Carter returned to the meeting. IV. DISCUSSION AND ACTION ITEMS: A. Re the demolition of 711 S. Ocean Boulevard, the Board felt that staff should look into doing something about demolition of properties with historic significance. It was suggested that a text amendment to the LDR's be considered to give the Board an opportunity to review a demolition request for all properties over 50 years old. Mrs. Cayce explained that the Board had authority to request a stay of demolition only for properties within historic districts or that were individually listed on the Local Register. A motion was made to request that Jerry Sanzone, Chief Building Official, delay issuing the demolition permit for 711 S. Ocean Boulevard for a period of 30 days. Margie Miller moved to approve the above motion, seconded by Buck Miller. The vote was as follows: Christine Bull - Yes; Daniel Carter - Yes; Buck Miller - Yes; Margie Miller - Yes; Buck Miller - Yes; John Vaughan - Yes; Charlie Williams - Yes. Said motion passed 6-0. V. REPORTS AND COMMENTS: A. Reports from Historic District Representatives: None. B. Board Members: None. C. Staff: Mr. Costello informed the Board that the City Commission had approved the Sloan Hammock project as originally presented: with the parking spaces to remain in the right-of-way as existing. VI . ADJOURNMENT: Buck Miller moved for adjournment at 7 :30 P.M. , seconded by Margie Miller. The vote was as follows: Christine Bull - Yes; Daniel Carter - Yes; Buck Miller - Yes; Margie Miller - Yes; John Vaughan - Yes; Charlie Williams - Yes. Said motion passed 6-0. The next meeting is scheduled for November 17, 1993. - 5 - 11/03/93 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 November 3, 1993, which were formally adopted and approved by the Board on November 17 , 1993 . 0/1.0' L Diana Mund If the Minutes that you have received are not completed as indicated above, then this means that these are not the Official Minutes . They will become so after review and approval, which may involve some changes . - 6 - 11/03/93 4- STAFF REPORT HISTORIC PRESERVATION BOARD MEETING NOVEMBER 3, 1993 AGENDA ITEM III COA 8-217 DOC'S SOFT SERVE 10 N. SWINTON AVENUE, OLD SCHOOL SQUARE HISTORIC DISTRICT. PROPERTY OWNED BY PHILLIP VULTAGGIO COA 8-217 PRESENTED BY RALPH CANTIN, AGENT ITEM BEFORE THE BOARD The action requested of the Board is that of approval of COA 8-217 for the design elements to the exterior of Doc's Soft Serve, 10 N. Swinton Avenue located at the northwest corner of Swinton and Atlantic Avenues . BACKGROUND The building was constructed in 1951 by Dr. & Mrs Paul Krall, hence the sobriquet "Doc's" . It was originally a Dairy Queen franchise and the building was constructed from plans for a Dairy Queen in Miami. The sign, which is protected by the Nostalgic Sign Ordinance, has been removed for repair and restoration. It is unclear when the Dairy Queen sign was removed and the present sign was installed as there is no record of a sign permit in the Building Department. However, as the City Directory for 1953 lists the business as a Dairy Queen and the sign's text reads "Since 1951" one might assume that the sign dates to the late 1950 's or early 60 's. Originally there was a canvas awning somewhere on the exterior of the building as permit #3089 from 195? was issued to "replace the canvas awning", the permit and what replaced the awning are lost in annals of history. In 1980 the building and the business was sold to Robert Redman who continued to dispense sandwiches, fries and soft ice cream under the name of Doc's until 1988, when the establishment closed. DESIGN ELEMENTS * The building is to be painted cream with the trim white and the fascia Burgundy. * The applicant is proposing to install an awning on the south, east and north facades which will cover the existing seating area between the building and the low terrace wall. The awning colors are to be Burgundy, white, and dark blue stripes. * Though not shown on the plan, wood lattice is to be affixed to the exterior of the existing chain link fence on the north facade and will be painted to match the building. 4, Staff Report Doc's Soft Serve Page 2 * An air-conditioning unit and an exhaust hood will be installed on the roof behind the sign, not shown on the plan. * The parking area, which is located to the north of the building, will have new asphalt paving and will be appropriately striped to delineate the parking spaces . * A hedge is to be planted on the outside of the low terrace wall. The Swinton and Atlantic corner is to be landscaped and the plans will be presented at the meeting. Please note that the wood lattice for the chain link fence, the roof air-conditioner and exhaust hood are not indicated on the plans which were submitted with the COA. If these items are deemed to be appropriate it will be necessary for the Board to modify its approval of COA 8-217 . ANALYSIS OF THE DESIGN ELEMENTS The awnings are appropriate for the building and we know from the building card that the original structure had one somewhere on the facade. Awnings were often used for shelter and to give a feeling of space to these minimal structures built for fast food establishments of the 1950 's. The wood lattice covering the chain link enclosure is appropriate, is open in feeling while serving to disguise the chain link. In place of the lattice, canvas to match the awnings could could be installed on the exterior of the chain link. While this might be an interesting addition to the facade it would not allow air to circulate within the enclosure. Staff would suggest that if possible a hedge be planted on the north side of the fence enclosure. The historic sign originally had a dark blue background and multicolored neon tubing. The portion of the text which is not neon, and the ice cream on the cone, were painted white. The sign is being restored to its original colors . During daylight hours the sign presents a dark blue background with white text and the blue stripes of the awning will repeat the background color of the sign. At night all of the multicolored neon will glow with original splendor. Staff recommends that the air-conditioning unit on the roof be screened on all four sides with louvers and painted the same color as the building. Staff Report Doc's Soft Serve Page 3 ALTERNATIVE ACTION 1. Approve COA 8-217 as presented, based on making positive findings with respect to Section 4 .5. 1(E) (8) . 2 . Approve COA 8-217 with modifications, based on making positive findings with respect to Section 4 .5. 1(E) (8) . 3. Deny COA 8-217, based on a failure to make positive findings with respect to Section 4 .5. 1(E) (8) . RECOMMENDED ACTION 1. Approve COA 8-217 with modifications, based on making positive findings with respect to Section 4.5. 1(E) (8) . 4. >1 APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 The Historic Preservation Board meets on the first and third Wednesday of each month. This application must be filed 15 days prior to the next available meeting. Address of Property: 10 N. Swinton Avenue Delray Beach, Florida 33444 Affix One Clear Picture C�� /� `: • , s > r , ut • s :i \ -.i_ ') •3 j fir- Tj ��:1 • • OCT 27 1.;3 : . , Doc's Soft Serve - COA Pg. 7 : WEST ELEVATION III 1 • \ �� ;T 3 - i_ ,,, .." tom . ..T r--. 3 x� � K,; ' 1 .`ti <X . NORTH ELEVATION -•tom J- - ___ .. -. _ � �r 1_ • w111i.M . _-.yam .r •r.'7.'c+.., z. .J47.i.#.. 4* S'' .. 1% I-.em.., / a . ELc «iJ r 7.:••ys i'i''7 14.- 2,lii"h.. #,•5':. a S `cJ+"4' --gliZ� �s.s` Doc's Soft Serve — COA Pg. 8 e.._ , i EAST ELEVATION • a , i "f " A`^ �T" `'j.+� -TvF�i aj i. -�F �y, w � o ,'' ! i , "}`- `' tti_ -, t._a n - ? x``'.k.i �-:'1 ro < y ' .>,u'1-' -`*s 'y�x;i" 3'.t.--- ,t?� . • • - _ f'' ..cam z ` • -----.L\1\"\\ \4\ \ \ . . • 1• 1 Tom. p :Z _ i 4 f= tj ` u :i • _ 7 — 1 — ——- — — — — —` ----. _ .. - .r = ; -.^- -.-_..;, - SOUTH ELEVATION t a .....-,-.:i.,-....t.„-„,;:-.;74,si:,:••;...E.:::,,,i..;:,-„:•:,f,:-...p-s.-'•.1•t,-;1'.:'4-...7,11,-....,:r..\- :....ite .'''' -.7'....:tr..elitt:,..1..:-.1::.:..:::: -Z..> •ram \.• {.. - • -�#- _- . ,._ Imo; .„ . • fit':„ i ,Ora `S a-�"' f ReR' 41iniovillilik. _, - COLOR SAMPLES / FINISHES SCHEDULE Ff F 3 _ ATTACH SAMPLES ATTACH SAMPLES ROOF AWNINGS pil-b,Lilf,--1;9'../..''' .,,k,. -',-. 1--,,--..;77:-.1'- . : WALLS MAILINGS FASCIA DOORS r • WINDOWS SCREENING (PATIO/POOL) w 14ITM COLUMNS OTHER 0 ATTACH PHOTOGRAPH 9K k r. i7 . >3,3-Yr� �> 4•• 9' � �{� ;[T� �� d - t S y` tr •i-: 4..-4 .ram' r • , s 3. "J'� ' Ate•'.... *it,, { • •..sue 7 s a 3f a 3w xt ;a .-- ..<'^ � � fx..e� � '<-� S� �;�„ . � egg �� , ti {�.- i s i�j,Y��y .�.Tm 4 • - .r' * _ iXA-'• i.' t `4c' S �F .i .t k: 1; I - G • ^o- rrh '`t 2 A44..'� 3 - � 'j Y ti 4 ft1 c?'s Li :K -.X :a w A .. , ° sdrw " `may . `ten k-.'rm [\: N\ R; I YCr F - , - ,..-. . 1 - II. 1 , --- .-:,.......r.:-.'. .-- t --:, -- 1--- .- . --.:-..i. --: --....-.-!:. . - . :_,-.: . .-. ... : .,,. pi f . 0 . II±. TT f l�.Y- _ IV. CERTIFICATES OF APPROPRIATENESS: A. COA 8-213: 706 S.E. 2nd Street; Marina Historic District; Carol Krol & Norman St. Onge, Owners . The Board moved to approve COA 8-213 based upon positive findings with respect to Section 4 .5 . 1(E) for the renovation of an existing residence and new construction to accommodate the addition of a second story and attached 4 car garage with the following conditions: 1 . That the cupola be relocated to the center of the garage roof. 2 . That the arched window on the second floor of the east elevation be 6 ' wide and be lengthened to be in proportion with the bay window beneath it. 3 . That the south window on the second floor of the east elevation be the same size as the east window on the second floor of the south elevation. 4 . That the French doors to the south on the first floor of the east elevation have the same pent roof (eyebrow) as the adjacent bay window. Buck Miller moved for approval of COA 8-213, seconded by Margie Miller. The vote was as follows: Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller - Yes; Margie Miller - Yes; John Vaughan - Yes . Said motion passed 6-0. V. DISCUSSION AND ACTION ITEMS: A. ELWOOD' S CANOPY ELEVATIONS: Staff requested the Board's recommendation to be forwarded to the Site Plan Review and Appearance Board (SPRAB) on a change in the site plan to modify the canopy to an awning. The Board preferred the original canopy but due to the cost factor moved to recommend approval to SPRAB of the modification as presented. Sandy Jamison moved to recommend approval of the modification to the site plan for an awning, seconded by Christine Bull. The vote was as follows: Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller - Yes; Margie Miller - Yes; John Vaughan - Yes . Said motion passed 6-0 . - 2 - 9/15/93 A. MEMORANDUM DATE: NOVEMBER 3, 1993 TO: HISTORIC PRESERVATION BOARD FROM: PAT CAYCE SUBJECT: 711 SOUTH OCEAN BLVD. This is a single family residence constructed in the "Resort Revival" style which was popular in the City during the 1930 's and 40 's. The house was built in 1939 for Raymond R Smith of South Bend, Indiana and the architect is, at this date, unknown. Staff has consulted with Mrs. John Volk and she has determined, through her husband's commission records, that John Volk did not design the residence. Records provided by Clemmer Mayhew with respect to the commissions of architect Gustav Maass, do not include the subject property. The house was most certainly designed by an architect, but more research would be needed to determine whose work it is. When the house was constructed in 1939 the southern boundary of the City limits was Casurina Street, which dead ends at the south end of the public beach and State Road AlA. All of the property to the south was part of the County. The property became part of the City in 1945 when the Seagate subdivision was platted, thus no building permits or tax rolls are included in the City records prior to 1945. In 1945 Raymond Smith sold the property to John and Clarissa Dimick, who were most probably related to the pioneering Capt. Dimick, an early settler of Palm Beach. The Dimicks sold the property to Seward Webb & Mary Catherine Pulitzer sometime between 1948 and 1951, as indicated by the Delray Beach City Directory (the 1949 and 1950 Directories are missing from the Library's archives) . In 1973 the Pulitzers sold the house to Joan S Corson of Wheeling, West Virginia. During the 1980 's Joan Corson sold the property to Mr and Mrs Michael Morrell who lived there until it was sold to the current owner, Dominic and Frances Noceri, of Grand Blanc, Michigan in July of this year. The current owners have applied for a demolition permit for the house and have commissioned a Michigan architect to design the residence which will replace it. While demolition of this house will detract from the historic character of the immediate neighborhood, staff sees no means by which the Board can prevent it. Section 4.5. 1(F) Restriction on Demolition, clearly states that the Board's authority with respect to demolition is limited to properties located within Historic Districts, or listed on the Local Register of Historic Sites. Staff can only hope that the loss of this house will serve as a catalyst to encourage owners of nearby historic houses to list their properties on the Local Register. Perhaps if the Beach Property Owners Association was made aware of this situation they could, at the grass roots level, begin to encourage owners of historic houses to designate them to the Local Register. Section 4 .5 . 1 (F) ( 9 ) Visual compatibility standards will be further discussed in greater detail in the Delray Beach Preservation and Conservation Manual . Said Manual will be developed as a guide to assist property owners as they seek to nominate their properties for designation as a historic site or to designate an area within the city as a historic district. (F) Restrictions on Demolitions: No structure within a Historic District or on a Historic Site shall be demolished without first receiving a Certificate of Appropriateness for that purpose . The Historic Preservation Board shall be guided by the following in considering such a request. ( 1) The Historic Preservation Board upon a request for demolition by a property owner, shall consider the following guidelines in evaluating applications for a certificate of appropriateness for demolition of designated historic sites , historic interiors, or buildings , s , structures, or appurtenances within designated historic districts ; (a) Whether the structure is of such interest or quality that it would' reasonably fulfill criteria for designation for listing on the national register. (b) Whether the structure is of such design, craftsmanship, or material that it could be reproduced only with great difficulty or economically nonviable expense. (c) Whether the structure is one of the last remaining examples of its kind in the designated historic district within the city. (d) Whether retaining the structure would promote the general welfare of the city by providing an opportunity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. (e) Whether there are definite plans for immediate reuse of the property if the proposed demolition is carried out, and what effect those plans will have on the character of the surrounding area. 4508 Section 4 .5. 1 (F) (2) (2) No decision of the Board shall result in undue economic hardship for the property owner. The Board shall have authority to determine the existence of such hardship in accordance with the definition of undue economic hardship found in Subsection (H) . (3) The Board's refusal to grant a Certificate of Appropriateness requested by a property owner for the purpose of demolition will be supported by a written statement describing the public interest that the Board seeks to preserve. (4) The Board may grant a certificate of appropriateness as requested by a property owner, for demolition which may provide for a delayed effective date. The effective date of the certificate will be determined by the Board based on the relative significance of the structure and the probable time • required to arrange a possible alternative to demolition. The Board may delay the demolition of designated historic sites and contributing buildings within historic districts for up to six months while demolition of non-contributing buildings within the historic district may be delayed for up to three months . (5) During the demolition delay period, the Board may take such steps as it deems necessary to preserve the structure concerned. Such steps may include, but are not limited to, consultation with community groups, public agencies, and interested citizens, recommendations for acquisition of property by public or private bodies, or agencies, and exploration of the possibility of moving one or more structures or other features . (6) The Board may, with the consent of the property owner, request that the owner, at the owner's expense, salvage and preserve specified classes of building materials, architectural details and ornaments, fixtures, and the like for reuse in the restoration of the other historic properties . The Board may, with the consent of the property owner, request that the Delray Beach Historical Society, or the owner, at the owner's expense, record the architectural details for archival purposes prior to demolition. The recording may include, but shall not be limited to photographs, documents, and scaled architectural drawings. At the Board's option, and with the property owner's consent, the Board or the Delray Beach Historical Society may salvage and preserve building materials, architectural details, and ornaments, textures, and the like at their expense, respectively. (G) Unsafe Buildings: In the event the Chief Building Official determines that any structure within a designated historic site or designated historic district is unsafe pursuant to the applicable Code of Ordinances, the Chief Building Official will immediately notify the Board of his findings. Where appropriate and in accordance with applicable ordinances, the 4509 Section 4.5 . 1 (G) Chief Building Official will attempt to have the structure repaired rather than demolished, and will take into consideration any comments and recommendations by the Board. However, the provisions contained within division (A) of this section shall not apply to the Chief Building Official's declaration that a building is unsafe, nor will the Chief Building Official be precluded from taking whatever steps, as may be required by applicable ordinances to protect the public health and safety of the community. The Board may also endeavor to negotiate with the owner and interested parties, provided such actions do no interfere with procedures in the applicable ordinances . (H) Undue Economic Hardship: In any instance where there is a claim of undue economic hardship, the prty owner my submit, within a reasonable period of time, priormeeting with the Board, the following documentation: ( 1) For All Property: (a) The amount paid for the property, the date of purchase, and the party from whom purchased; (b) The assessed value of the land and improvements thereon, according to the two most recent assessments; (c) Real estate taxes for the previous two years; (d) Annual debt service or mortgage payments, if any, for the previous two years; (e) All appraisals, if any, obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property; (f) Any listing of the property for sale or rent, price asked, and offers received, if any; and (g) Any consideration by the owner as to profitable adaptive uses for the property, including but not limited to possible fair market rents for the property if it were rented or leased in its current condition. (2) For Income Property (Actual or Potential) : (a) The annual gross income from the property for the previous two years, if any; (b) The annual cash flow, if any, for the previous two years; and 4510