HPB 02-05-1992 AGENDA
HISTORIC PRESERVATION BOARD MEETING
WEDNESDAY, FEBRUARY 5, 1992 6 : 00 PM
PLANNING & ZONING CONFERENCE ROOM, CITY HALL
Please be advised that 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
proceeding is made, which record includes the testimony and
evidence upon which the appeal is to be based. The City does not
provide or prepare such record. Pursuant to F.S.286 .0105 .
1 . Roll Call
2 . COA -8--1s5 30 Lake Court, Terry Joyce and Diane Brock,
S-oZL Owners .
Replace all existing windows with aluminum
single hung windows, including screened
openings on front porch.
3 . Consider Preservation Recognition Sign Program.
A. Criteria for awards
B. Method of selection
C. Design and text of sign.
4 . Consider HPB Participation in the Delray Affair, April
24 , 25 and 26, 1992 .
5 . Reports from Historic Districts .
6 . Approval of Minutes for January 15, 1992 .
7 . Unfinished Business .
8 . New Business .
9 . Adjournment.
r
MINUTES OF THE HISTORIC PRESERVATION BOARD
PUBLIC HEARING
WEDNESDAY, FEBRUARY 5, 1992
LOCATION: PLANNING AND ZONING CONFERENCE ROOM "A"
100 N.W. 1ST AVENUE
DELRAY BEACH, FL 33444
1. ROLL CALL:
The Chairman called the meeting to order at 6 : 00 P.M.
Board Members :
William Ayers Absent
Christine Bull Present
Wayne Campbell (Vice Chairman) Present
Daniel Carter Present
Sandy Jamison Present
Pat Healy-Golembe Present
Rose Sloan (Chairman) Present
Staff Members Present:
Diane Dominguez, Planing & Zoning Dept.
Stan Weedon, Planning & Zoning Dept.
Pat Cayce, Planning & Zoning Dept.
Diana Mund, Planning & Zoning Dept.
2 . COA S-024 : 30 Lake Court. Terry Joyce and Diane Brock,
Owners .
The applicants requested approval from the Board to replace
all windows with aluminum double hung windows and to
install aluminum windows in the screened front porch
openings . Approval was granted with the following
modifications : the front porch screened openings are to be
enclosed with wooden double or single hung windows; and,
the aluminum windows are to be double or single hung vinyl
clad and are to be framed in wood. The effect of this is
to provide windows which more closely resemble the original
wood windows and which will be appropriate to the exterior
of the buildings.
Sandy Jamison moved approval COA S-024, seconded by Pat
Healy-Golembe. The vote was as follows: Christine Bull -
Yes; Wayne Campbell - Yes; Daniel Carter - Yes; Sandy
Jamison - Yes; Pat Healy-Golembe - Yes; Rose Sloan - Yes .
Said motion passed 6-0 .
Y �
3 . CONSIDER PRESERVATION RECOGNITION SIGN PROGRAM:
The Board agreed to go with a Preservation Recognition Sign
Program with the specific details to be worked out at a
later date.
4 . CONSIDER HPB PARTICIPATION IN THE DELRAY AFFAIR: April 24,
25 and 26, 1992
The Board agreed to participate in the Delray Affair if the
Historic Society was also going to participate.
5 . REPORTS FROM HISTORIC DISTRICTS:
None
6 . APPROVAL OF MINUTES: January 15, 1992 Meeting
Pat Healy-Golmbe moved approval of the minutes for the
January 15, 1992 meeting, seconded by Daniel Carter. The
vote was as follows : Christine Bull - Yes; Wayne Campbell
- Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Pat
Healy-Golembe - Yes; Rose Sloan - Yes . Said motion passed
6-0 .
7 . UNFINISHED BUSINESS:
It was noted that the National Trust Conference would like
a tour of Delray Beach with the Historic Preservation
Board, the Community Redevelopment Agency and Old School
Square participating.
It was noted that the Colony Hotel received the Local
Register Designation and was the only designation on
Atlantic Avenue.
Update on Little Tiger Check Cashing Sign; they are being
issued a citation for non-conformity and will be brought
before the Code Enforcement Board.
8 . NEW BUSINESS:
None
- 2 - 2/5/92
9 . Rose Sloan moved for adjournment at 7 : 10 P.M. , seconded by
Pat Healy-Golembe. The vote was as follows: Christine
Bull - Yes; Wayne Campbell - Yes; Daniel Carter - Yes;
Sandy Jamison - Yes; Pat Healy-Golembe - Yes; Rose Sloan -
Yes . Said motion passed 6-0.
Next meeting is scheduled for February 19, 1992 .
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 February 5, 1992 which wereformally
�
o ed and approved by a Board on Kn ,.c1 \ , 1992 .
Di a 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.
- 3 - 2/5/92
a - R
AGENDA ITEM 2
COA 8-155
30 Lake Court
Single Family, Mission Style, Contributing, 1926
Terry Joyce and Diane Brock Owners
Replace all existing windows with aluminum single hung
windows, including screened openings on front porch.
This was originally to be a staff approved COA for the
addition of 2 single hung aluminum windows on the east
facade. Some time ago one window was installed without a
building permit or HPB approval. The applicant now wants to
replace all the windows, some of which are original single
hung wooden.
This COA has been on the agenda three times and each time
the applicant failed to appear. This item was turned over
to code enforcement.
The applicant has cited economic hardship and I have
suggested she apply to the CRA for an interest free exterior
improvement loan.
Recommendation:
Where possible the original windows are to be repaired.
Serious consideration should be given to installing wooden
windows on the front of the house.
If aluminum windows are installed that they be vinyl clad
and be framed to resemble the existing wood windows .
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FINDINGS OF FACT
COA S-024
30 LAKE COURT
DIANE BROCK AND TERRY JOYCE, OWNERS.
SINGLE FAMILY, CONTRIBUTING 1926, . MISSION STYLE
HISTORIC PRESERVATION BOARD MEETING FEBRUARY 5, 1992
This COA request was for approval to replace all windows
with aluminum double hung windows and to install aluminum
windows in the screened front porch openings .
The COA was approved with the following modifications:
1 . Front porch screened openings are to be enclosed
with wooden double or single hung windows.
2 . The aluminum windows are to be double or single hung
vinyl clad and are to be framed in wood. The effect of
this is to provide windows which more closely resemble
the original wood windows and which will be appropriate
to the exterior of the building.
v/
MEMORANDUM
DATE: JANUARY 30, 1992
TO: HISTORIC PRESERVATION BOARD
FROM: PAT CAYCE
SUBJECT: DISCUSSION ITEMS FOR HISTORIC DISTRICTS
PRESERVATION RECOGNITION SIGN PROGRAM
( 1) Criteria for considering a property for award.
A. Restoration of primary facade:
Removing inappropriate additions and replacing
with correct or documented elements . Examples:
Aluminum windows with wood.
Aluminum screen doors with wood.
Removal of porch enclosures.
Asphalt siding with wood or stucco as
appropriate.
B. Rehabilitation:
Repair and restoration of deteriorating
original architectural elements. Maintenance and
repair. Examples :
Repair window and door framing details
Repair shutters, columns, pilasters .
Repair balustrades and railings
Repair of ornamental plaster detailing.
General maintenance
Painting
C. Landscaping to include walls, fences, gates,
and paving.
(2 ) Method of selection:
A. Who can nominate?
HPB
Neighborhood Associations
Property Owner
B. Procedure:
Staff notifies HPB of candidates when
sending Board Packets .
HPB makes selection at next meeting.
Notification of property owner
( 3) Design and text of sign.
A. Suggestions
B. Fabrication by City
Color and lettering selection limited
Blue background, same as street signs?
C. Cost estimate if made by sign company.
AMENDED AGENDA
HISTORIC PRESERVATION BOARD MEETING
WEDNESDAY, FEBRUARY 19, 1992 6 : 00 PM
FIRST FLOOR CONFERENCE ROOM, CITY HALL
Please be advised that 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
proceeding is made, which record includes the testimony and
evidence upon which the appeal is to be based. The City does not
provide or prepare such record. Pursuant to F. S . 286 . 0105 .
1 . Roll Call
2 . Public Hearing: Request for Variance No. 88-24 :
Louis G. Jensen, owner of the proposed Sundy Estates
Plat (Sundy House) , or Howard McCall, Architect and
authorized agent. The property is located on the east
side of S .W. 1st Avenue, between S .W. 1st Street and
S .W. 2nd Street, within the Old School Square Historic
Arts District.
The applicant is requesting relief from Section
4 . 6 . 9 (D) ( 8 ) (a) of the Land Development Regulations to
reduce the required 20 ft . stacking distance to 15 ft.
for the proposed Sundy Parking Lot #3 Site Plan.
3 . COA 8-174 Lots 2 and 3 of Proposed Sundy Estate Plat.
Louis G. Jensen, Owner or Howard McCall,
Authorized Agent .
A. Site Plan
B. Landscaping
4 . Clarification of condition 1 of Variance 88-23
regarding the north parking lot at the Sundy Estates
Plat Development.
* The use of paver blocks on the driveway apron.
* The depth of the paved area from the
right-of-way into the parking lot.
Louis G. Jensen, Owner or Howard McCall Authorized
Agent.
to .
Page 2
Historic Preservation Board Agenda
February 19 , 1992
5 . COA 8-167A Migdal Family Chiropractic Center. 300
N. E . 8th Street.
Request to modify an approved free
standing sign by increasing the height from
ground to sign 18" to 42" .
6 . COA 8-173 325 S .E . 7th Avenue. Mr & Mrs James
Kolleda, Owners . Contributing single family
residence.
Construct a seven foot addition to an
existing bedroom on the S .E . corner of the
house.
7 . COA 8-166B 503 N.E . 2nd Avenue. Renaissance Dental
Studio. Gerald Kunze, Owner. Contributing
building.
Consider a new design for a fence
along N.E . 2nd Avenue.
8 . COA 8-157B Brandy' s Waterside Cafe . 840 E. Atlantic
Avenue. Troy Ennis , Authorized Agent
Minor site plan modification to allow the
construction of a dock.
9 . Patio Shoppes, 714 E . Atlantic Avenue. Proposed new
construction on vacant land. Consider a recommendation
to the Planning & Zoning Board:
* regarding the rezoning of Lots 42 thru 44 of
Block 125, Palm Square Unregistered, from RM
to CF,
* regarding the conditional use to allow a
private parking lot within the proposed CF
zoning district.
10 . Reports from Historic Districts .
11 . Unfinished Business . �-
12 . New Business .
13 . Adjournment .
MINUTES OF THE HISTORIC PRESERVATION BOARD
PUBLIC HEARING
WEDNESDAY, FEBRUARY 19, 1992
LOCATION: FIRST FLOOR CONFERENCE ROOM
100 N.W. 1ST AVENUE
DELRAY BEACH, FL 33444
1. ROLL CALL:
The Chairman called the meeting to order at 6 : 00 P.M.
Board Members :
William Ayers Resigned
Christine Bull Present
Wayne Campbell (Vice Chairman) Absent
Daniel Carter Present
Sandy Jamison Present Pat Healy-Golembe Present
(Arrived at 6 : 05 P.M. )
Rose Sloan (Chairman) Present
Staff Members Present:
Diane Dominguez, Planing & Zoning Dept.
Pat Cayce, Planning & Zoning Dept.
Jeff Costello, Planning & Zoning Dept.
Diana Mund, Planning & Zoning Dept.
Susan Ruby, City Attorney's Office
Sandy Jamison moved to amend the Agenda to hear Item #8
(COA 8-157B) before Item #5 (COA 8-167A) , seconded by
Christine Bull. The vote was as follows : Christine Bull -
Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Pat
Healy-Golembe - Yes; Rose Sloan - Yes. Said motion passed
5-0 .
2 . Variance No. 88-24 : Sundy Estates Plat (Sundy House) ,
Property is located on the south side of S.W. 1st Street,
between S. Swinton Avenue and S.W. 1st Avenue, within the
Old School Square Historic District. Louis G. Jensen,
Owner; Howard McCall, Architect and Authorized Agent.
Sandy Jamison moved to approve Variance No. 88-24, seconded
by Pat Healy-Golembe. The vote was as follows: Christine
Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Pat
Healy-Golembe - Yes; Rose Sloan - Yes . Said motion passed
5-0 .
3 . COA 8-174 : Sundy Estates Plat (Sundy House) Lots 2 and 3,
Property is located on the south side of S.W. 1st Street,
between S. Swinton Avenue and S.W. 1st Avenue, within the
Old School Square Historic District. Louis G. Jensen,
Owner; Howard McCall, Architect and Authorized Agent.
Sandy Jamison moved to approve COA 8-174 (A. Site Plan) ,
seconded by Pat Healy-Golembe. The vote was as follows:
Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison -
Yes; Pat Healy-Golembe - Yes; Rose Sloan - Yes. Said
motion passed 5-0.
Daniel Carter moved to approve COA 8-174 (B. Landscaping) ,
seconded by Sandy Jamison. The vote was as follows:
Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison -
Yes; Pat Healy-Golembe - Yes; Rose Sloan - Yes. Said
motion passed 5-0.
4 . Clarification of Condition 1 of Variance No. 88-23 : Sundy
Estates Plat (Sundy House) North Parking Lot, Property is
located on the south side of S.W. 1st Street, between S.
Swinton Avenue and S.W. 1st Avenue, within the Old School
Square Historic District. Louis G. Jensen, Owner; Howard
McCall, Architect and Authorized Agent.
At this time the Board forwarded to Item #8 per above motion.
8. COA 8-157B: Brandy's Waterside Cafe, 840 E. Atlantic
Avenue. Troy Ennis, Authorized Agent.
The applicant requested approval for a minor site plan
modification to allow the construction of a 5 ' x 150 ' wood
dock on the Intracoastal Waterway with three 5 ' x 12 '
crosswalks leading from the dock to Canal Street.
Based on a determination, pursuant to Section 2 .4 .5(G) (5) ,
that the proposed changes do not significantly affect the
originally approved plan, COA 8-157B was approved with
conditions 1 thru 6 found in Findings of Fact.
Daniel Carter moved to approve COA 8-157B, seconded by Pat
Healy-Golembe. The vote was as follows: Christine Bull -
Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Pat
Healy-Golembe - Yes; Rose Sloan - Yes. Said motion passed
5-0 .
- 2 - 2/19/92
At this time the Board returned to Item #5 per above motion.
5. COA 8-167A: Migdal Family Chiropractic Center, 300 N.E.
8th Street. Weber Valentine, Owner.
The applicant requested approval to modify a previously
approved free standing sign by increasing the height from
ground to sign 18" to 48" . Overall height of the sign to
be 7 ' 4" .
The Board approved the request to raise the sign (7 ' 4") as
allowed in the RO zoning district with the following
conditions :
* Height from ground to sign 30";
* Overall height of sign 5 ' 10" .
Sandy Jamison Moved to approve COA 8-167A, seconded by Pat
Healy-Golembe. The vote was as follows : Christine Bull -
Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Pat
Healy-Golembe - Yes; Rose Sloan - Yes. Said motion passed
5-0 .
6 . COA 8-173: 325 S.E. 7th Avenue. Mr. & Mrs. James Kolleda,
Owners .
The applicants requested approval to construct a 7 '
addition to an existing bedroom on the S.E. corner of the
house.
The Board approved COA 8-173.
Pat Healy-Golembe moved to approve COA 8-173, seconded by
Sandy Jamison. The vote was as follows : Christine Bull -
Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Pat
Healy-Golembe - Yes; Rose Sloan - Yes . Said motion passed
5-0 .
7 . COA 8-166B: Renanissance Dental Studio, 503 N.E. 2nd
Avenue. Gerald Kunze, Owner.
Daniel Carter moved to deny, seconded by Pat Healy Golembe.
The vote was as follows : Christine Bull - Yes; Daniel
Carter - Yes; Sandy Jamison - Yes; Pat Healy-Golembe - Yes;
Rose Sloan - Yes. Said motion passed 5-0 .
- 3 - 2/19/92
9 . P&Z Board Recommendation: Patio Shoppes, 714 E. Atlantic
Avenue. Burton Handelsman, Owner; Digby Bridges,
Authorized Agent.
The Board recommended approval of:
* Rezoning Lots 42 thru 44 of Block 125, Palm Square
Unregistered, from RM to CF.
* Granting a Conditional Use to allow a private parking
lot within the proposed CF zone district.
Christine Bull moved to approve the recommendation to the
Planning and Zoning Board on the Patio Shoppes, seconded by
Sandy Jamison. The vote was as follows: Christine Bull -
Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Pat
Healy-Golembe - Yes; Rose Sloan - Yes. Said motion passed
5-0 .
10. REPORTS FROM HISTORIC DISTRICTS:
None
11 . UNFINISHED BUSINESS:
None
12 . NEW BUSINESS:
OSSHAD stacking depth
It was brought to the Boards attention that the
Sun-Sentinel on February 16, 1992 show cased the Terrimore
house. The Sun-Sentinel plans to show case more of the
Historic district from time to time.
It was noted that the Australian Pines in Gulfstream are
due for demolition in two (2) weeks. The Board decided to
write a letter in favor of keeping the trees to the
Secretary of the DOT in Tallahassee.
It was brought to the Boards attention that Board Member
William Ayers has resigned his position from the Historic
Preservation Board. The Board noted that they were sorry
to see him go and that they would send him a letter of
thanks for his contributions to the Board.
- 4 - 2/19/92
13 . Daniel Carter moved for adjournment at 8 : 00 P.M. , seconded
by Sandy Jamison. The vote was as follows : Christine Bull
- Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Pat
Healy-Golembe - Yes; Rose Sloan - Yes . Said motion passed
5-0 .
Next meeting is scheduled for March 4 , 1992 .
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 February 19, 1992 , which were formally
a opted and approved by the Board on March 18, 1992 .
A
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 .
- 5 - 2/19/92
AGENDA ITEM 2
Public Hearing: Request for Variance No. 88-24 :
Louis G. Jensen, owner of the proposed Sundy Estates
Plat (Sundy House) , or Howard McCall, Architect and
authorized agent. The property is located on the east
side of S.W. 1st Avenue, between S.W. 1st Street and
S.W. 2nd Street, within the Old School Square Historic
Arts District.
The applicant is requesting relief from Section
4 . 6 .9 (D) (8-i (a-) of the Land Development Regulations to
reduce tha squired 20 ft. stacking distance to 15 ft.
for the proposed Sundy Parking Lot #3 Site Plan.
Please read the letter of justification from Howard McCall
and review the attached site plan. The area for
consideration is highlighted in yellow. A staff report from
Jeff Costello is attached which explains in detail all
aspects of the variance as well as the Planning staff
recommendations.
i
DIY IF DEV -T! t1101
100 N.W. 1st AVENUE • DELRAY BEACH, FLORIDA 33444 • 407/243-7000
PUBLIC NOTICE 88-24
A petition has been received from Louis G. Jensen
requesting a Variance from Section 4 .6 . 9 (D) (3) (c) of the
Land Development Regulations to reduce the required 20 ft.
stacking distance to 15 ft. for the proposed Sundy Parking
Lot #3 Site Plan. The subject property is located on the
east side of S.W. 1st Avenue, between S.W. 1st Street and
S.W. 2nd Street, within the Old School Square Historic Arts
District.
Section Requirement Provided
4 . 6 .9 (D) (3) (c) The minimum stacking distance 15 '
between a right-of-way and
the first space in a parking
lot shall be twenty feet (20 ' ) .
Your property is located within a 500 ft. radius of the
following described property:
Lots 3 and 4, and the South 29 feet of Lot 2, Block 62, map
of the Town of Linton (now Delray Beach) according to the
plat thereof recorded in Plat Book 1, Page 3 of the Public
Records of Palm Beach County Florida. The above lot is to
be incorporated into Parcels 2 and 3 of the proposed Sundy
Estates Plat.
The Historic Preservation Board will conduct a public
hearing at 6 : 00 PM on Wednesday, February 19, 1992 in the
First Floor Conference Room at City Hall, 100 N.W. 1st
Avenue, Delray Beach, 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, please contact Patricia
Cayce, Historic Preservation Planner, City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida 33444, or phone 407-243-7284 .
THE EFFORT ALWAYS MATTERS
• 0,
1-
Ion
February 3, 1992
Historic Preservation Board
en % Pat Cayce
City of Delray Beach
100 N W First Avenue
Delray Beach Fl
0
RE: Sundy Estates Lot 3 variance
0
Dear Mrs Cayce :
This letter will explain the variance request for relief from
o the requirement of Section 4 . 6 .9 (D) ( 3 ) (c) , requiring twenty (20 )
feet distance between the right-of-way line and the first parking
space, of an off-street parking area . We are requesting a
reduction of five ( 5) feet which will result in a setback
distance of fifteen (15) feet from the new front property line to
the first parking space .
The driveway where this condition exists is on the East side of
Southwest First Avenue leading into the parking lot on Lot 3, of
Z the Sundy Estates Plat. A peculiar circumstance brought about
Z this condition which did not result from an action of the owner .
4,4
One of the conditions that allowed abandonment of the alley in
the center of the block, was that off street parking be provided
for the three buildings on Southwest First Avenue . The logical
cn
place for the parking was the vacant lot adjacent to the four (4 )
(�j unit Apartment . We proceeded with planning and submitted to the
W city the Master Plan for all of the Sundy property showing a
parking lot with twenty one ( 21) spaces integrated with the
existing landscape, including several large trees .
During the public hearing for the Sundy Apartment / Sundy House
combined site plan approval, the City Council voted to require a
five ( 5) foot right-of-way dedication on S W First Avenue, and at
the same time they allowed zero ( 0 ) setback between the new
z property line and the first parking space for the parking lot in
athe front yard of the Sundy Apartment.
We are now asking for a variance of five ( 5) feet to offset the
five ( 5) foot right-of-way dedication taken from Lot 3 . The
parking lot was planned prior to the requirement of the right-of-
way dedication, and physically nothing changes, that is, between
the existing street and the planned first parking space . Five
( 5) feet is the minimum variance that will make possible the
reasonable use of the property.
41.- MEMBERS OF THE AMERIC AN INSTITUTE OF ARCHITECTS
�.
12
tom:
The design of the parking lot is such that three ( 3) well
R established trees remain in the parking area. If a twenty (20)
foot setback is required, it will mean that the parking spaces in
C`, the front section of the lot will move back five ( 5) feet and
that would cause us to loose two ( 2) of the well established
trees . Either that, or loose two parking spaces . To Mr Jensen,
=z- it became a choice of loosing two nice trees or loosing two
parking spaces, or asking for this variance in the hope of saving
both the trees and the parking spaces . I believe he made a good
choice because the trees and/or the parking spaces are of greater
value to the community and the general public, than is the five
( 5) foot setback . I believe it will be in the best interest of
the public to grant this variance . I ' ll be happy to reply to any
questions that you have in this matter .
Sincerely,
ci) 14AktaX, MT(eX
Howard E Mc Call
C
H
401.110
U
U
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U
�'�� MEMBERS OF THE AMERICAN INSTITUTE OF ARCHITECTS
VARIANCE APPLICATION
HISTORIC PRESERVATION BOARD
CITY OF DELRAY BEACH
100 N.W. 1ST AVENUE
DELRAY BEACH, FLORIDA 33444
ITEMS TO SUBMIT WITH HISTORIC PRESERVATION BOARD VARIANCE
1. Recent legal survey of the property.
2 . Plot plan of proposed changes; all drawings shall be made to
scale; the acceptance of the plot plan with the application
shall be subject to the approval of the Director of Planning
and Zoning or his designated staff.
3 . Photographs of all elevations of each building or structure
on the subject property must be attached to this
application. If the subject property is vacant, photographs
of the entire site must be attached. Photographs from a
related application for a Certificate of Appropriateness may
be referenced.
4 . List of property owners within a 500 ' radius of property and
radius map. These two items can be obtained at:
Palm Beach County Court House Annex Office
Property Appraiser's Office
345 South Congress Avenue
Delray Beach, Florida 33445
Telephone: 276-1200
The list of property owners must include addresses with zip
codes. When condominiums are involved, the names and
addresses of all owners must be submitted.
5 . A $151 .25 check made payable to the City of Delray Beach.
6 . A written statement to the Historic Preservation Board
demonstrating how the proposed variance relates to the
appropriateness requirement of Section
4 .5. 1(J) ( 1) (a) (b) (c) (d) , of the Land Development Regulations
(LDRs) .
* * * * *
All applicable questions must be answered on the application and
it is recommended that all applications be submitted in person.
If you should need further information or assistance, please
contact Patricia Cayce, Historic Preservation Planner at
243-7284 .
All material must be submitted to the Planning and Zoning
Department 30 days prior to the regular meeting of the Historic
Preservation Board.
- 1 -
REQUEST FOR A VARIANCE TO THE
CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD
Appeal# Receipt
Filing Date Fee
(1) The undersigned applicant(s) hereby files this�Appeal e/c estin g
a variance from the terms,of ofhe
StlLand Development Regulations of
the City of Delray Beach, pursuant to Section 2.2.4.
(1A) Zoning District O 5 5
(2) The owner(s) of record are: , 1J4�Q
al des ription of the subject property is LeT 3 SUNDy
(3) The leg 5 E. c LoT LOGL 4Z U a Lf k to/u
L
The street address of the subject property is )0oNJ E
Other than this Appeal , please state whether you or your
(4) Appeal with the City of
predecessor(s) is title has ever filed an
De
If soy Beach Board of Adjustment tureof the Appeal, the d the ate tect e property.pel
If so, please state the and whether the Appeal was granted
was filed, the Appeal number,
or denied:
(5) If the Appeal is granted, the effect will be to E3u1.-r p• 2 (
(6) Check applicable space below:
Code Requirement Request
FRONT SETBACK
SIDE SETBACK
REAR SETBACK
LOT AREA
LOT WIDTH
LOT DEPTH
FLOOR ELEVATION
PARKING To RKl1J4 'LO' LER�GEP 'Co t5'
OTHER _=�-- SQg
ting
ssar
(7) Please attach a separate sheet(s)
th Sectiona 2 2.4 ouof the Land
y
hardship, in compliance
Development Regulations of the City of Delray Beach.
Any person or persons or any board, taxpayer, department, board or bureau of the city aggrieved by any decision of the Board of
Adjustment may seek review by a court of record of such decision, in
the manner provided by law.
The undersigned applicant(s) certifies under penalities of perjury
that all the statements contained in this Appeal, including any
statements attached to the Appeal or any papers or plans submitted
herewith are true and correct. ' \
Dater t 3 FRg2
(Authorized Agent)
Address: 3I( E, Pott.LMErro P412k- 1'
13oc,e. P. r "-' FL
Telephone No. 59 5 - 5 ¢3
Date: Owner of Record
(Authorized Agent)
Address:
Telephone No.
If the owner(s) of record has appointed an Agent to file this
Variance Request, an authorization form signed by the owner(s) of
record authorizing
thissaid
Varianceagent
to Request, musent his/her st accompany(ththis
interest(s) )
Variance Request.
SCHEDULE OF HEARING
Hearing Date:
Time:
Place: City Hall
100 N.W. 1st Avenue
Delray Beach, Florida
- 3 -
F
I . AGENT AUTHORIZATION FORM
Appeal #
Owner(s) of Record:
LoO I S J E 0 SIN
•
STATE OF FLORIDA
COUNTY OF PALM BEACH personally appeared
BEFORE ME, the undersigned authority, p
who, eing first duly sworn upon oath and personal
that they are owner (s) of record of the
knowledge say (s)following described real property :v,� of L1NTdru
�� Ste_ �S►A+ES t�T4 �UL L.�'
the street address of which ls,and that we hereby appoint:
`v CAL[.
Name: ,aLM PK 2D
Address:
P..o► ,v t. 3 3 Z
Telephone No. µ
to file any
asand all papers with respect to
our authorized agent, Beach Board of Adjustment,
Appeal # , with the City of Delraythis appeal.
and to represen PP
t me (us) at any Hearing re arding
Owner Signature
Owner (s) Signature
SWORN TO AND SUBSCRIBED before me this ___ day of
19Q, -
Notary Public
My Commission Expires:
//- a-/ 9a
HISTORIC PRESERVATION BOARD
Variance Application #
ACTION OF THE BOARD:
(a) Findings of Fact
(b) Variance Granted
Variance Denied
Other
(c) Conditions Imposed
Date
Chairman
Historic Preservation Board
DLM/C:VARIANCE.TXT
- 5 -
Section 4 .5. 1 (J) •
(J) Historic Preservation Board to act on Variance
Requests: Pursuant to the powers granted in Section 2 .2 . 6(D) ,
the Historic Preservation Board shall act on all variance
requests, within a Historic District or on a Historic Site, which
otherwise would be acted upon by the Board of Adjustments. In
acting on such variance requests the Board shall be guided by the
following in addition 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.
(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
Register of Historic Places .
(c) Literal interpretation of the provisions of
existing ordinances 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.
(d) The variance requested is the minimum
necessary to maintain the preservation of the
historic character of a historic site or of a
historic district.
(2) The Board shall otherwise follow all procedures,
impose conditions, and make findings as required of the Board of
Adjustments.
•
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HISTORIC PRESERVATION BOARD
CITY OF DELRAY BEACH ---- STAFF REPORT ---
AEETING DATE: February 19, 1992
AGENDA ITEM: #3
ITEM: Approval of Site Plan, Landscape Plan & COA #8-174 for the Sundy Parking Lot #3
ccs l ( 1 I I I I z f-I 1 1 1 1 I
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GENERAL DATA: _
Owner Louis G. Jensen
Agent Howard E. McCall
Location On the east side of S.W. 1st
Avenue, between S.E. 1st Street and
S.E. 2nd Street.
Property Size 0 585 Acres
City Land Use Plan Other Mixed Use
City Zoning OSSHAD (Old School Square Historic
Arts District)
Adjacent Zoning North: OSSHAD
East: OSSHAD and
CF (Community Facilities)
South: CF
West: RM (Multi-Family
Residential)
Existing Land Use Single family home; 2-story, 4 unit
apartment building; a parking lot;
and a vacant area.
Proposed Land Use Construction of a 21 space parking
lot on the southern end of the
subject property.
Water Service Existing on site.
Sewer Service Existing on site.
ITEM BEFORE THE BOAR D:
The item before the Board is that of consideration of the following
aspects of the Sundy Parking Lot #3 site plan:
* Variance 88-24 : [LDR Section 4 .6 .9 (D) (3) (c) ] To reduce the
required 20 ft. stacking distance to 15 ft.
* Site Plan
* Landscape Plan
* COA 8-174
The subject property is located on the east side of S.W. 1st Avenue,
between S.W. 1st Street and S.W. 2nd Street, within the Old School
Square Historic District.
BACKGROUND:
The site is zoned OSSHAD (Old School Square Historic Arts
District) . The site plan incorporates Lots 2 and 3 of the proposed
Sundy Estates Plat. The single family house and the 4 unit
apartment building were constructed in 1925 .
This project has a development history which is familiar to the
Board.
The site plan which is now before the Board is in response to a
condition of approval to abandon the alley lying within this block
(Block 62, Town of Linton) . On July 15, 1991, the Planning and
Zoning Board recommended to the City Commission approval of
abandoning the alley, subject to conditions, one of which was: That
the petitioner shall seek site plan approval for a parking lot/lots
to accommodate the lack of adequate parking for the properties
adjacent to the alley.
Another item that relates to the proposed site plan, is a variance
that was granted to allow a mulch surface parking lot. On January
15, 1992, the HPB approved a variance request to allow a mulch
parking surface for the parking lot associated with this site-- plan
(Sundy Parking Lot #3) and the 24 space parking lot associated with
the Sundy House/Apartments site plan subject to conditions .
Historic Preservation Board Staff Report
Sundy Parking Lot #3 - Site Plan Approval
Page 2
DEVELOPMENT PROPOSAL:
The development proposal is to construct a 21 space mulch surface
parking lot on proposed Lot 3 and the installation of associated
landscaping. The main entry to the parking lot is along S.W. 1st
Avenue with an accessway provided on the east side of the parking
lot, between proposed Lot #3 and the St. Paul ' s Episcopal Church
parking lot. The purpose of the parking lot is to accommodate the
10 required parking spaces for the 4 unit apartment building and the
single family residence located on proposed Lot 2, thus addressing a
condition of alley abandonment approval. The 11 excess parking
spaces are to accommodate overflow parking for the Sundy House
Antique Shop/Tearoom and St. Paul 's Episcopal Church.
SITE AND LAND S C A P E PLAN ANALYSIS:
Pursuant to Section 3 . 1. 1 of the Land Development Regulations, prior
to approval of development applications, certain findings must be
made in a form which is part of the. official record. This may be
achieved through information on the application, the staff report,
or minutes . Findings shall be made by the Board to approve or deny
the development application. These findings relate to the following
four areas :
Future Land Use Map: (The resulting use of land and structures must
be allowed in the zoning district and the zoning district must be
consistent with the land use designation) .
The subject property has a Mixed Use land use plan designation and
an OSSHAD (Old School Square Historic Arts District) zoning
designation. Pursuant to LDR Section 4 .4 .24(C) (4) , a parking lot is
allowed as an accessory use to a principal use. The purpose of the
parking lot is to accommodate required parking for the 4 unit
apartment building and the single family residence and therefore,
is an allowed accessory use.
Concurrency: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided
pursuant to levels of service as established within the
Comprehensive Plan. For sewer and water, concurrency shall mean
that direct connection to a functioning municipal system is made.
For streets(traffic) , drainage, open space (parks) , and solid
waste concurrency shall be determined by the following:
* the improvement is in place prior to issuance of the
occupancy permit;
* the improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there is a
schedule of completion in the bonding agreement;
Historic Preservation Board Staff Report
Sundy Parking Lot #3 - Site Plan Approval
Page 3
* the improvement is part of a governmental capital
improvement budget; it has been designed; and a contract for
installation has been solicited.
Water:
There is an existing 2" water main located along S.W. 1st Avenue.
The Planning and Zoning Board made a determination at the time of
the Sundy Estates Plat approval that upgrading water main to an 8"
main was not needed. With this site plan, there are no
modifications proposed that will present any significant loading to
the municipal water system. In addition there is no change of use
of the single family residence or the 4 unit apartment building.
Thus, there are no Level of Service considerations.
Sewer:
There is an existing 8" sewer main located within the alley to the
(to be abandoned) rear of the property. No sewer main extension or
upgrading is required with this development proposal.
Drainage:
Drainage is currently contained on-site. Paving and drainage plans
have no been submitted. Adequate open space exists for on-site
retention.
Streets and Traffic:
The development proposal will not generate any additional trips,
therefore a traffic statement/study is not required.
The requirement to dedicate additional right-of-way was addressed
with the Sundy House/Sundy Apartments composite site plan and the
Sundy Estates plat (which includes the subject property) . Pursuant
to Sundy House/Sundy Apartments composite site plan approval, the
requirement to provide 60 ft. right-of-way for S.W. 1st Avenue was
waived and 50 ft. deemed acceptable. Thus, the Sundy Estates plat,
dedicated 5 ft. of right-of-way along the east side of S.W. 1st
Avenue. No additional right-of-way dedication is required with this
development proposal .
Parks and Solid Waste:
The development proposal will not have an impact on park needs or
solid waste level of service standards as the proposal involves
existing residential units.
Historic Preservation Board Staff Report
Sundy Parking Lot #3 - Site Plan Approval
Page 4
Consistency:
Pursuant to Section 3 .3 . 1 (Basis for Determining Consistency) , the
performance standards set forth in Section 3 .3. 3 (Standards for Site
Plan Actions) along with compliance to Section 2 .4 .5(F) (5) (General
Compatibility and Harmony with Adjacent Properties) shall be the
basis upon which a finding of overall consistency is to be made.
Other objectives and policies found in the adopted Comprehensive
Plan may be used in making of a finding of overall consistency. The
applicable performance standards of Section 3.3.3 and other policies
which apply are as follows:
Standards for Site Plan Action
A) Building design, landscaping, and lighting shall be such that
they do not create unwarranted distractions or blockage of
visibility as it pertains to traffic circulation. (Traffic Element
C-1 .2)
There are no building additions associated with the development
proposal . The proposed landscaping will not affect visibility
as it pertains to traffic circulation.
B) Appropriate separation of travelways is made for vehicles,
bicycles and pedestrians in a manner consistent with Objective D-1
of the Traffic Element.
With approval of the Sundy House/Sundy Apartment Composite Site
Plan, installation of the sidewalk along S.W. 1st Avenue was
deferred until such time as either the property owner or the
City deems it appropriate to install the sidewalk. As the
parking lot will be utilized for overflow parking for the Sundy
House Antique Shop/Tearoom and St. Paul 's Episcopal Church, it
is appropriate to have the sidewalk installed with the
construction of this parking lot.
An adequate pedestrian way has been provided from the parking
to the single family residence and 4 unit apartment building
to the parking lot.
C) Open Space Enhancements
Does not apply in that the standard deals with retaining
vistas.
D) That any street widening associated with the development shall
not be detrimental upon desired character and cohesiveness of
affected residential areas. (Housing Element A-6 . 1)
There is no street widening associated with this development.
The standard does not apply.
Historic Preservation Board Staff Report
Sundy Parking Lot #3 - Site Plan Approval
Page 5
E) Development of vacant land consistent with adjacent
development
This standard does not apply in that the subject property is
already developed. The proposed parking lot will be consistent
with the St.Paul 's parking lot, which abuts the east and south
property lines. This development proposal will not negatively
impact the adjacent residential properties .
F) Appropriateness of future use and intensity of the
development of vacant property
This standard does not apply in that the subject is already
developed.
G) Demographic Mixture re Adult Communities Does not apply.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall
specifically be addressed by the body taking final action on a land
development application/request.
VARIANCE ANALYSIS:
With this development proposal, there is a variance request
(No. 88-24) to LDR Section 4 .6.9(D) (3) (c) , to reduce the 20 ft.
minimum distance between the right-of-way line and the first parking
space to 15 ft.
Basis for the Variance: The agent's request letter states the
following two reasons why the variance should be granted:
"1) The parking lot was planned and laid out and presented to
the City before the five (5) foot right-of-way dedication
became a requirement, and 2) without the variance, it becomes a
choice between losing two (2) parking spaces or losing two (2)
choice trees. It will be in the best interest of the public if
the variance is granted so both the parking spaces and the
trees are saved. "
With respect to agents ' basis for variance, a response to each is
provided:
1) With review of the Sundy House/Sundy Apartments Composite
Site Plan, documentation (staff reports, etc. ) and
exhibits indicated that the parking lot shown on proposed
Lot 3 was not a part of the Sundy House Composite site
plan approval. With the 5 ft. dedication along 1st
Avenue, the site plan should have been revised
accordingly.
Historic Preservation Board Staff Report
Sundy Parking Lot #3 - Site Plan Approval
Page 6
2) A plan indicating which trees will be affected if the two
parking spaces are deleted has not been provided. It
appears that if the two parking spaces are deleted, then
less existing vegetation will be disturbed. In fact, if
the two spaces are deleted, the parking lot may be
designed a little better so it will be less impacting on
the existing specimen trees .
Pursuant to Section 4 .6 .9(C) (2) (a) & (c) , a total of 10 parking
spaces are required for the single family residence and the 4 unit
apartment building. As presented, there will be 21 spaces provided.
If two spaces are deleted, the parking required for the residences
will still be accommodated.
Please refer to the attached "basis for variance" regarding the
findings that the Board must make (Sections 2 .4 .7 (A) (5) & 4 .5 . 1(J) ) .
TECHNICAL ITEMS:
The following are items that do not require specific action of the
Board and will be addressed with the submittal of a revised plan.
Included as technical items are the conditions of approval of the
variance to allow the mulch surface parking lot (Variance No.
88-24) .
1. Provide drainage calculations along with grading/drainage
plans.
2 . On the site plan, show the sidewalk along S.W. 1st Avenue.
3. On the site plan, delete the 4 ft. chain link fence which is
located within the 1st Avenue right-of-way.
4 . Conditions of approval for the mulch surface variance (No.
88-23) :
* That the parking spaces be clearly marked with wheel
stops.
a •• •: - shellrock ba��
al LS'
* That all tree stumps be removed from the parking area and
suitable backfill material installed.
* That paving be installed for that portion of the parking
lot between S.W. 1st Avenue and the east side of the
handicap space, and for the driveway that connects Parking
Lot #3 with St. Paul 's Episcopal Church parking lot.
•
Historic Preservation Board Staff Report
Sundy Parking Lot #3 - Site Plan Approval
Page 7
OTHER ITEMS:
The agent has been informed that a non-impacting site plan
modification for St. Paul 's Episcopal must be processed. The
modification must show how the cross-access from the Church parking
lot to Sundy Parking #3 will be accommodated. This item has been
included as a condition of approval.
REVIEW BY OTHERS:
Community Redevelopment Agency
The subject property is located within the City's Community
Redevelopment Area, thus requiring review of the proposal by the
C.R.A. At its meeting of January 9, 1992, the C.R.A. reviewed the
development proposal and had no objections.
OSSHOA
Special notice was sent to the Old School Square Homeowners
Association. No comments have been received.
Formal public notice has been provided to property owners within a
500 ft. radius of the subject property. Letters of objection, if
any, will be presented at the Historic Preservation Board meeting.
ASSESSMENT:
The applicant is requesting a variance to reduce the 20 ft. minimum
distance between the right-of-way line and the first parking space
to 15 ft. Staff recommends denial of this variance request in that
the standards required for granting a variance. The lot can be
redesigned to meet the required setbacks, and still provide
sufficient parking for the adjacent residential uses .
The development proposal is consistent with existing development in
the area and compatible with adjacent properties . However, a site
plan modification will need to be processed for the St. Paul 's
Episcopal Church parking lot which shows how the cross-access will
be accommodated.
ALTERNATIVE ACTIONS:
First take action on the variance request;
1. Approve the variance request based upon positive findings
with respect to the criteria contained in Section
4 .5. 1(J) .
2 . Deny the variance request based upon a failure to make
positive findings with respect to the criteria contained in
Section 2 .4 .7(A) (5) and Section 4 .5. 1(J) .
Historic Preservation Board Staff Report
Sundy Parking Lot #3 - Site Plan Approval
Page 8
Then take action on the site plan, landscape plan and COA 8-174;
1. Continue with direction and concurrence.
2 . Approve the site plan, landscape plan, COA 8-174 and deny
variance request (No. 88-24) .
3. Approve the site plan, landscape plan, COA 8-174 and
variance request (No. 88-24) .
RECOMMENDATION:
By Separate Motion:
Deny the variance request based upon a failure to make positive
findings with respect to the criteria contained in Section
2 .4 . 7 (A) (5) and Section 4 .5 . 1(J) .
Then;
Approve the site plan for Sundy Parking Lot #3 based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2 .4 .5(F) (5) (Findings) subject
to the following conditions:
1. That the Sundy Estates Plat be revised to provide an
access easement on the east side of proposed Lot #3,
between Sundy Parking Lot #3 and St. Paul 's Episcopal
Church parking lot.
2 . That a Unity of Title be provided combining Lots 2 and 3,
proposed Sundy Estates Plat.
3 . That a non-impacting site plan modification St. Paul 's
Episcopal Church be processed which shows how the
cross-access from Sundy Parking Lot #3 to the Church
parking lot will be accommodated.
4 . That revised plans be submitted addressing the items
identified in the "Technical Items" section of this
report.
3, s \c QX time.\
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Approve COA 8-174 and landscape plan for Sundy Parking Lot #3
based upon positive findings pursuant to Section 4 .6. 16 .
Attachments
* Exhibit: Basis For Variances
* Site Plan
* Landscape Plan
JC/T:SUNLOT3 .DOC
•
Historic Preservation Board Staff Report
Sundy Parking Lot #3 - Site Plan Approval
Page 9
EXHIBIT TO SUNDY PARKING LOT #3 SITE PLAN STAFF REPORT
BASIS FOR VARIANCES
Pursuant to Section 2 .4 .7(A) (5) , the Historic Preservation Board
must make the following findings prior to granting a variance:
(A) That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which
are not generally applicable to other lands, structures, or
buildings subject to the same zoning (The matter of economic
hardship shall not constitute a basis for the granting of a
variance) ;
(B) That literal interpretation of the regulations would deprive
the applicant of rights commonly enjoyed by other properties
subject to the same zoning;
(C) That the special conditions and circumstances have not resulted
from actions of the applicant;
(D) That granting the variance will not confer into the applicant
any special privilege that is denied to other lands,
structures, and buildings under the same zoning. Neither the
permitted, nor nonconforming use, of neighborhood lands,
structures, or buildings under the same zoning shall be
considered grounds for the issuance of a variance;
(E) That the reasons set forth in the variance petition justify the
granting of the variance, and that the variance is the minimum
variance that will make possible the reasonable use of the
land, building, or structure; and,
(F) That the granting of the variance will be in harmony with
general purpose and intent of existing regulations, will not be
injurious to the neighborhood, or otherwise detrimental to the
public welfare.
Pursuant to Section 4 .5. 1(J) , in addition to the above criteria, in
acting on variance requests the Board shall also be guided by the
following:
( 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.
Historic Preservation Board Staff Report
Sundy Parking Lot #3 - Site Plan Approval
Page 10
(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 Register of Historic
Places .
(c) Literal interpretation of the provisions of existing
ordinances would alter the historic site to such an
extent that it would not be feasible to preserve the
historic character, of the historic district or
historic site.
(d) The variance requested is the minimum necessary to
maintain the preservation of the historic character
of a historic site or a historic district.
T;SUNLOT3 .DOC
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February 5, 1992 ¢
Pat Cayce
Historic Preservation Board
100 N W First Avenue
Delray Beach Fl
<r
RE: Variance 88-23 Findings of Fact
Dear Pat :
When I received my copy of THE FINDINGS OF FACT for the Variance
en Request 88-23, I phoned you to discuss a portion of the data that
I did not believe was correct. Which is; the last paragraph of
Condition 1, that referred to the north parking lot, and stated,
c "Paving shall continue 20 ' into the site, which will allow a 32 '
stacking area from the street" . You told me how that wording was
determined, but I did not recall it that way so nothing was
resolved . You said that you would look up previous minutes to
-o
find where that matter had been discussed before .
a In looking through my file, I found the following: A Memo to the
City Council dated 9/24/91, from David Kovacs, which included the
findings of the Historic Preservation Boards meeting of 9/23/91,
awhich states on page two, under TECHNICAL ITEMS #1 "If a pearock
parking surface is allowed, pavement must be provided from the
existing street to the sidewalk, the sidewalk is to be concrete,
a paved apron shall be provided to the edge of the first parking
space upon entry to the site" . The key words, of course, is
Cd "paved apron to the edge of the first parking space" . You will
Wfind Mr Kovacs Memo to the H.P .B. to contain the same info. At a
z later date paver blocks were approved instead of concrete for the
sidewalk and the driveway apron.
.44
Based on that requirement, the parking lot lay out was designed
and the paved apron became an important element to the drainage
cn plan. As it is now designed, the back edge of the apron is at
[-' the same elevation as the railroad ties, thus forming an
Wenclosure to contain the mulch parking surface all of which is at
E4 a lower elevation. As it is now the apron serves a useful
purpose . To extend the apron another ten feet into the parking
area would be detrimental to the overall concept and would be of
PG no value what so ever .
At the variance meeting I expressed the reasons why the apron
should be left as it is, and I thought the motion on this matter
U was not to change the apron on the north parking lot. What can
be done to resolve this? Can it be brought up at the meeting of
the nineteenth? Pat, if it sounds like I 'm making a big deal out
of a small thing, maybe I am, but it is important. Thanks in
advance for your help.
Sincerely
U Ho and E Mc Call
2-4•- • MEMBERS OF THE AMERICAN INSTITUTE OF ARCHITECTS
b'-
410
FINDINGS OF FACT
VARIANCE REQUEST 88-23
SUNDAY ESTATES
LOUIS JENSEN
106 S. SWINTON AVENUE
HPB MEETING JANUARY 15, 1992
The Board determined that all findings pursuant to Section
2 . 4 .7 (A) (5) and Section 4 .5 . 1(J) were positive. Based on
these positive findings, the Board approved Variance 88-23
to allow construction of parking lots with mulch parking
surface with the following conditions:
(See Page 5 of the staff report attached)
Condition 1 . Improvement for the south parking lot:
Paving shall continue from the street to the
east side of the handicapped parking space on
the north side of the parking lot and continue
on a north/south axis line to the south edge
of the parking lot to include parking space 21
and part of space 20.
If the driveway to the east which connects
St.Paul ' s parking lot to the subject lot is
installed as indicated on the site plan, that
driveway must be paved due to the difference
in grade between the two lots.
Improvement for the north parking lot:
Paving shall continue 20 ' into the
site, which will allow a 32 ' stacking area
from the street.
Condition 2 . The variance shall not run with the land, but
shall apply only with respect to the site and
development plans approved in conjunction with
the Sundy House master development plan.
Condition 3 . All tree stumps are to be removed from the
parking area and suitable backfill material
installed.
a \ `
M Page 2
Variance Request 88-23
Findings of fact
Condition 4 . A grading and drainage plan which
provides adequate drainage and which will not
produce a runoff which will cause a scouring
action of the mulch must be provided with the
site plan for the south lot and with the site
plan modification for the north lot.
Condition 5. The parking spaces are to be clearly marked
with wheel stops.
Condition 6 . Handicapped parking spaces are to be paved.
Vote 5-0
•
Pat Cayce C�
January 16, 1992
M
MEMORANDUM
DATE: FEBRUARY 13, 1992
TO: HISTORIC PRESERVATION BOARD
FROM: PAT CAYCE0
SUBJECT: ENTRANCE, APRON AND PAVING FOR THE NORTH PARKING
LOT OF THE SUNDY ESTATES PLAT DEVELOPMENT.
Clarification is necessary regarding the following two items
in conjunction with the entrance to the north parking lot of
the Sundy Estates Plat. The entrance is on S.W. 1st Street.
( 1) The use of paver blocks on the driveway apron.
(2) The length of the paved area leading into the
parking lot.
PAVER BLOCK
On August 14, 1991 the HPB called a special meeting which
was held at the Sundy House to approve amendments to the
original site plan, including the use of paver blocks for
the sidewalk on S.W. 1st Street (see attached agenda) . In
Mr. McCall ' s letter dated July 22, 1991 (attached) he
requests approval for paver block for the sidewalk on S.W.
1st Avenue, but no mention is made of their use for the
apron for the north parking lot. In fact the north parking
lot is not shown on the amended site plan which is also
dated July 22, 1991.
In listening to the tape of the meeting the discussion
focused on the pattern and the mix of color for the blocks.
The motion to approve, made by Rose Sloan was to approve the
items as they appeared on the agenda, which included
sidewalks but did not mention driveway. Motion passed.
Immediately after the vote, Jeff Costello reminded me that
the City Engineer would have to approve the use of paver
blocks for the sidewalk and I asked for a motion to send a
letter of recommendation to the City Engineer. Dan Carter
made the motion to send the letter recommending the use of
paver blocks and he states "for sidewalk and drive" .
However, when the Chairman restated the motion she did not
mention "drive" and, as you see from the attached minutes,
only sidewalks are referenced.
MAttached is the memo I sent to the City Engineer on August
15, 1991 and I mention sidewalk and driveway. I have no
record of his response but this might have been considered
at a TAC staff meeting.
It is my opinion that the Historic Preservation Board
approved, aesthetically, the use of paver blocks, and voted
to send a letter to the City Engineer recommending their
use, for both the sidewalk and the driveway on S.W. 1st
Street.
I ( .`
' 22July, 1991
4100
Historical Preservation Board
City of Delray Beach
100 N W 1 Avenue
o Delray Beach, Fl 33444
Subject: Site Plan Amendment to
COA 8-147 , Sunday House
8 On February 20, 1991 your board approved the Site
Development Plan for the Sundy House, as per the attached
plan, with conditions. Please find the enclosed
A architectural drawings showing additions to and revisions
to the approved Site Plan, consisting of Sheets 1 of 7
Site Plan, 5 of 7 & 5A of 7 Exterior Elevations, and Sheet
a D 5 Detail plans for the wood patio and gazebo addition,
and Sheet LA 1 Landscape Plan (revised) . .
ci I hereby request that the approved Site Plan be amended
according to the attached drawings. The changes will be:
1 ) Relocate the second floor stairway from the North side
of the house to the West side.
2) To add a Gazebo and a wood patio, South of the house.
3 ) Change the finish of the five foot sidewalk on S W 1
Street, from concrete to. concrete paver blocks, similar to
Z the material being used in other parts of OSSHAD.
-aa An amendment will allow building permits to be issued and
a construction to proceed. Concurrently, an application for
4 abandonment of the adjacent alley is being processed, and
we are developing Site Plans for an application involving
t) lots 1,2, 3, & 4 of block 62, that will further amend the
Sundy House site plan, including moving the parking and
driveway to the West and providing off-street parking for
the eight unit apartment building.
U contact me, and
� If you require further information, please
I will appreciate an early reply to this request. _ Thank
you.
U S ' ncerely,
(C
oward E ' Mc Ca 1
L.f'= MEMBERS OF THE AMERICAN INSTITUTE OF ARCHITECTS
Y.
41011
AGENDA
HISTORIC PRESERVATION BOARD SPECIAL MEETING
WEDNESDAY, AUGUST 14, 1991 5:00 PM
SUNDY HOUSE, 106 SOUTH SWINTON AVENUE
Please be advised that 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
proceeding is made, which record includes the testimony and
evidence upon which the appeal is to be based. The City does not
provide or prepare such record. Pursuant to F.S.286.0105.
1. Roll Call
2 . COA 8-147-C Sundy House, 106 S. Swinton Avenue
Louis Jensen, Owner; Howard McCall, Architect
and Authorized Agent.
A. Amend the previously approved site plan to
include, for passive use only: new
construction of wooden deck and gazebo;
relocation of the fire escape; design and
color of porch awning; paving blocks for
sidewalks on S.W. 1st St.
B. Discussion items for consideration:
Mixed use to allow an antique gallery and
tea room.
Outdoor dining and active use for the new
deck and gazebo.
3 . Make a recommendation to the Planning & Zoning Board
concerning the determination of Similarity of Use to allow
dental labs in the RO Zoning District as a principal use.
4.. Adjournment
fl t
11011 MINUTES
HISTORICAL PRESERVATION BOARD SPECIAL MEETING
WEDNESDAY, AUGUST 14, 1991
SUNDY HOUSE - 106 SOUTH SWINTON AVENUE
•
1 . ROLL CALL:
Bill Ayers Present
Christine Bull Present
Wayne Campbell Present
Daniel Carter Present
Spencer Pompey Present
Rose Sloan - V. Chairman Present
Pat Healy-Golembe - Chairman Present
Absent: None
Staff Present:
Pat Cayce - Historic Preservation Planner
Stan Weedon - Planner III
Jeff Costello - Planning Technician
2. COA 8-147-C Sundy House - 106 S. Swinton Avenue. Louis
iensen,Owner; Howard McCall, Architect and Authorized Agent.
A. Amend the previously approved site plan to include, for
passive use only: new construction of wooden deck and gazebo; re-
location of the fire escape; design and color of porch awning; paving
blocks for sidewalks on S.W. 1st Street.
Rose Sloan moved to amend the previous site plan and to approve
the new construction of the wooden deck and gazebo, relocation of the
fire escape design and color of the porch awing and the paving blocks
for sidewalks, seconded by Spencer Pompey.
Before further discussion, the Board members toured the house.
Rose Sloan amended her motion, Spencer Pompey amended his
second.
The vote was as follows: Bill Ayers - Yes; Christine Bull -
Yes; Wayne Campbell - Yes; Daniel Carter - Yes; Spencer Pompey - Yes;
Rose Sloan - Yes; Pat Healy-Golembe - Yes. Motion passed 7-0.
Rose Sloan moved approval of the amended site plan to include,
for passive use only, construction of the wooden deck and gazebo, re-
location of the fire escape, design and color of porch awning and the
paving blocks for sidewalks on S.W. 1st Street, seconded by Spencer
Pompey. The vote was as follows: Bill Ayers - Yes; Christine Bull -
Yes; Wayne Campbell - Yes; Daniel Carter - Yes; Spencer Pompey - Yes;
Rose Sloan - Yes; Pat Healy-Golembe - Yes. Motion passed 7-0 .
/' 0 (7)
Daniel Carter moved for a recommendation to the City Engineer
41011 to approve usage of paver blocks for the::_:sidewalk, seconded by Christine
Bull. The vote was as follows: Bill Ayers - Yes; Christine Bull - Yes;
Wayne Campbell - Yes; Daniel Carter - Yes; Spencer Pompey - Yes; Rose
Sloan - Yes; Pat Healy-Golembe - Yes. Motion passed 7-0.
•
B. Discussion items for consideration:
1 . Mixed use to allow an antique gallery and tea room.
Rose Sloan stated she would highly recommend a mixed use which
is so proper for this location.
It was the consensus of the Board to allow this mixed use of
the tea room and antique gallery and that outdoor dining as an "active
use" was compatible with the intent of the OSSHAD zoning district.
2 . Outdoor dining and active use for the new deck and gazebo.
Stan Weedon suggested this issue be checked into and a recom-
mendation brought back to the Board.
Jeff Costello defined what is and isn't allowed in the City
Code.
At this point, Rose Sloan left the meeting.
3 . Make a recommendation to the Planning and Zoning Board concern-
ing the determination of Similarity of Use to allow dental labs in the
RO Zoning District as a principal use.
Bill Ayers moved to recommend to the Planning and Zoning Board •
to allow dental labs in the RO Zoning District as a principal use,
seconded by Wayne Campbell. The vote was as follows: Bill Ayers - Yes;
Christine Bull - Yes; Wayne Campbell - Yes; Daniel Carter - Yes; Spencer
Pompey - Yes; Pat Healy-Golembe - Yes. Motion passed 6-0 .
4 . Adjournment.
Bill Ayers moved for adjournment at 6:00 P.M. , seconded by
Wayne Campbell. The vote was as follows: Bill Ayers - Yes; Christine
Bull - Yes; Wayne Campbell - Yes; Daniel Carter - Yes; Spencer Pompey -
Yes; Pat Healy-Golembe - Yes. Motion passed 6-0 .
-2- 8/14/91
.1j
•
/
/Finding of Facts
.COA 8-147-C
Sundy House
106 S. Swinton Ave
Lewis Jensen, Owner
Howard McCall, Architect, Authorized Agent
Action taken by the Historic Preservation Board at its Special
Meeting of August 14 , 1991 which was held at the site:
Approved the amended site plan to include, for passive use only:
Agenda Item 2 A
1. Construction of a two level wooden deck, railing and deck to
be unpainted.
2. Construction of a gazebo, to be painted white with roof to
match main house.
3 . Awning over part of deck, material canvas, color dark green
similar to house trim.
4 . Paving blocks in two colors
mdepartment sidewalk
approvalon S.W.
to
1st Street, subject engineering
5 . Fire escape at the new location on the west side of building.
However , if this cannot be relocated due to lack of door
width the applicant may construct the fire escape on the
previously approved north facade location.
Agenda Item 2 B
Consensus of the Board was thatooredining as use of tan ractivedusetlwas
que
gallery be allowed and that oud
compatible with the intent of the OSSHAD zoning district.
4100
MEMORANDUM
DATE: AUGUST 15, 1991
TO: MARK GABRIIE�EL, CITY ENGINEER
FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER
SUBJECT: USE OF PAVER BLOCKS FOR CITY SIDEWALK
At its meeting of August 14, 1991 the Historic Preservation
Board approved, aesthetically, the use of grey and red paver
blocks for the sidewalk and driveway apron on S.W. 1st
Street in conjunction with the Sundy House Antique Gallery.
It was pointed out that your department had not been
made aware of the proposed use of the pavers . Therefore,
the HPB voted to send you a letter recommending that you
approve the use of pavers for this project in the Old School
Square Historic District.
Please phone me 7284 if you need additional information.
R
AGENDA ITEM . 4
HPB MEETING 2/19/92
•
COA 8-167A Migdal Family Chiropractic Center. 300
N.E. 8th Street.
Request to modify an approved free standing
sign by increasing the height from ground
to sign 18" to 42" .
This sign came to the HPB on 12/18/91. The applicant
originally requested that the sign be mounted 38" from
ground to sign for a total overall height of 6 ' 6" . The
building department approved the sign with the
recommendation that plantings be installed around the base
of the legs.
The HPB approved the sign with the following modifications :
Sign to be mounted 18" above ground rather than the
proposed 38" . Reducing the overall height from
6 ' 6"to 4 ' 10" .
Approval was given to mount the address on the top
of the sign or in a planter located near by.
At the time the applicant selected and designed the sign the
8th Street construction was underway.
The City has installed new sidewalks in the swale area and
will plant dwarf bougainvillea on both sides of the sidewalk.
Staff tells me that Dwarf bougainvillea matures to a height
of about 2 ' .
The applicant is concerned that the sign will not be visible
when the bushes mature. She is asking approval to increase
the height from the ground to 42" . This will raise the
overall height to a total of 6 ' 10" .
Staff recommendation:
Raise the base of sign to 30" which will provide an overall
height of 5 ' 10" .
•
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FINDINGS OF FACT
HPB MEETING FEBRUARY 19, 1992
COA 8-167A
Migdal Family Chiropractic Center. 300 N.E. 8th Street.
The applicant requested approval to modify a previously
approved free standing sign by increasing the height from
ground to sign 18" to 48" . Overall height of the sign to be
7 ' 4" .
REASON FOR MODIFICATION REQUEST
The City has installed new sidewalks in the swale area to
the north and west of the above property and will plant
dwarf bougainvillea and spider lilies on either side of the
sidewalk. Bougainvillea and spider lilies mature to an
approximate height of 24" . The applicant sought relief from
the approved 18" because the lower portion of the sign will
be obscured when the plants are full grown.
The overall height of the modified sign (7 '4" ) is allowed in
the RO zoning district. •
ACTION OF THE BOARD
Approved the request to raise the sign with the following
modification:
Height from ground to sign 30" .
Overall height of sign 5 ' 10" .
The Board' s decision was based on:
1 . The sign will not be obscured when the plants
mature
2 . The sign is located at an entrance to the Del-Ida
Park Historic District.
3 . A lower sign is more appropriate for the historic
district, parts of which are zoned R I-AA and RL.
The vote was 5-0
AGENDA ITEM 5
HPB February 19., 1992
COA 8-173 325 S.E. 7th Avenue. Mr & Mrs James
Kolleda, Owners. Contributing single family
residence.
Construct a seven foot addition to an
existing bedroom on the S.E. corner of the
house.
This is the original house in the center of the Riekse Plat.
The new owners plan to add the bedroom addition to the S. E.
corner of the house. Wooden French doors will be installed,
the exterior siding and roof will match existing. The
addition is not visible from the street.
Recommend approval
I .. /
1
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1 APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS
1
.t
HISTORIC PRESERVATION BOARD
CITY OF DELRAY BEACH, FLORIDA
100 N.W. 1ST AVENUE
DELRAY BEACH, FLORIDA 33444
1 •
The Historic Preservation Board meets on the first and
•1 third Wednesday of each month. This application must be filed
-' 15 days prior to the next available meeting.
i
Address of Property v S. C' 7 7J✓c
Con - /73
Affix One Clear Picture
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FINDINGS OF FACT
HISTORIC PRESERVATION BOARD MEETING
February 19, 1992
COA 8-173 325 S.E. 7th Avenue.
Mr & Mrs James Kolleda, Owners.
Contributing single family residence.
The applicants requested approval to construct a seven foot
addition to an existing bedroom on the S.E. corner of the
house.
Wooden French doors will be installed, the exterior siding
and roof will match existing. The addition is not visible
from the street.
This is the original house in the center of the Riekse Plat.
Approval granted, 5-0.
AGENDA ITEM ref
HPB MEETING FEBRUARY 19, 1992
COA 8-166B 503 N.E. 2nd Avenue. Renaissance Dental
Studio. Gerald Kunze, Owner. Contributing
building.
Consider a new design for a fence
along N.E. 2nd Avenue.
Mr. Kunze is proposing to redesign the fence for N.E. 2nd
Avenue. He will bring photos and/or drawings as examples.
Please see his attached letter.
Wooden fences are not appropriate to the Art Moderne style
of this building. A masonry wall) sometimes used in
combination with decorative metal work, is the typical yard
enclosure for this style. Garden walls were not widely used
with Art Moderne except in urban settings where they
011 provided security and privacy.
The applicant has stated that the fence is a deterrent to
trespasser cutting across his corner lot. As an alternative
to the fence I would suggest a large corner area be
attractively massed with plantings, with bougainvillea
predominating, which would serve as a physical as well as
aesthetic barrier to corner cutters.
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HISTORIC PRESERVATION BOARD •
CITY OF DELRAY BEACH --- STAFF REPORT ---
AEETING DATE: February 19, 1992
AGENDA ITEM: Brandy's Waterside Cafe - Minor Site Plan Modification to Allow the •
Construction of a Dock
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GENERAL DATA
Owner Highbridge Associates
Agent Troy H. Ennis, President
Delray Marine Construction, Co.
Location On the south side of Atlantic
Avenue, between the Intracoastal
Waterway and Palm Way.
Property Size 0 8166 Acres
City Land Use Plan Commercial Core and Medium
Density 5-12 du/acre.
City Zoning CBD (Central Business District)
and CF (Community Facilities) .
Adjacent Zoning Land to the north of the subject
is zoned CBD and CF, land to the
west is CBD, land the south is
zoned RM (Multi-Family
Residential) , to the east is
Canal Street and the Intracoastal
Waterway.
Existing Land Use Three buildings with attendant
parking.
Proposed Land Use Addition of 5'x 150' dock with
(3) 5'x 12'crosswalks from the
dock to Canal Street.
Water Service Existing on-site.
Sewer Service Existing on-site.
a"; L
ITEM BEFORE THE BOARD:
The item before the Board is consideration of a minor site plan
modification to allow the construction of a boat dock at Brandy's
Waterside Cafe.
The subject property is located at the southwest corner of
E. Atlantic Avenue and the Intracoastal Waterway, within the
CBD (Central Business District) zone district and the Marina
Historic District.
The Director has determined the modification to be classified as
"minor" in that it does not meet the test of a non-impacting
modification but does not significantly impact findings made at
the time of initial site plan approval . [Ref Section
2 .4 .5(G) ( 1) (b) ]
BACKGROUND:
In July 1991, a request was submitted for a non-impacting site
plan modification to allow construction of a boardwalk at
Brandy's Waterside Cafe. The request was determined to be
"non-impacting" on the basis that a boardwalk would have
pedestrian use only and would not add intensity of use. Prior to
approval of the modification, permits were to be provided from
the appropriate agencies (i.e. Palm Beach County Department of
Environmental Resources Management, U.S. Army Corps of Engineers
& Florida Department of Environmental Regulation) .
On January 3, 1992, permits were provided from the agencies .
However, the permits provided diverged from the non-impacting
site plan modification request of July 1991, which was
represented as a boardwalk. As the facility is described as a
dock, the request has been classified as a minor site plan
modification, which is before the HPB (Historic Preservation
Board) for action.
PROJECT DESCRIPTION:
The development proposal is to construct a 5 ' X 150 ' wood dock,
with three 5 ' X 12' crosswalks leading from the dock to Canal
Street.
The following is the project description submitted by the.
applicant:
" . . .to construct 750 square feet of boardwalk and dock to be
located over the Intracoastal Waterway as per my attached
site plan. "
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HPB Staff Report
Minor Site Plan Modification - Brandy's Waterside Cafe
Page 4
ALTERNATIVE ACTIONS:
1 . Continue with direction and concurrence.
2 . Approve the minor site plan modification.
3 . Deny the request with basis stated.
RECOMMENDED ACTION:
Based on. a determination, pursuant to Section 2 .4 .5(G) (5) ,
that the proposed changes do not significantly affect the
originally approved plan:
Approve the site plan modification for Brandy's Waterside
Cafe subject to the following conditions :
1. That the dock be for the exclusive use of the patrons
of the Brandy' s Waterside Cafe (adjacent restaurant) .
2 . That a sign be installed, in a prominent location,
advising all boaters of no extended or overnight
mooring.
3. That manatee awareness signs be installed on the dock
advising boaters of the potential of manatees being in
the area's waters and the need to use caution while
boating in the area's waters. (The signs shall be in
place upon completion of construction and prior to
mooring of vessels at the dock. )
4 . That verification be obtained from Florida Power and
Light, Southern Bell and Leadership Cable attesting
that constructing the dock and mooring of boats at the
cable crossing is acceptable.
5. That the conditions as setforth in the permits issued
by the U.S. Army Corps of Engineers (Permit No.
199101999819 (LP-LS) ) and Palm Beach County Department
of Environmental Regulation (Permit No. DF-403-91) be
met.
6 . That prior to issuance of a building permit, the
applicant obtains the appropriate license agreements
from the City for the use of the right-of-way, and
provides a hold harmless agreement which is acceptable
to the City Attorney.
Attachment: Proposed Site Plan
JAC/T:HPBDOCK.DOC
HPB Staff Report
Minor Site Plan Modification - Brandy's Waterside Cafe
Page 2
"The intent of the boardwalk is to offer a safe area for
patrons to stroll by the waters edge and dock small to
medium sized boats while dining. The dock as proposed will
be able to safely dock 4 to 6 boats at any one time. We
have received all required Federal, State, County and
Environmental permits for this project. Our criteria for
construction matches that of neighboring docks . Handrails
are to be placed along all edges of the boardwalk not
directly facing the waterway. We will be placing signs on
the east edge of the dock stating that the dock usage is
strictly for the patrons of the restaurant and that
overnight parking is prohibited. "
SITE PLAN ANALYSIS:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3 . 1 . 1 (Required Findings) , prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the application,
the Staff Report, or Minutes . Findings shall be made by the
body which has the authority to approve or deny the
development application. These findings relate to the
Future Land Use Map Compatibility; Concurrency;
Comprehensive Plan Consistency; and, Compliance with Local
Development Regulations (LDRs) .
At the time of the major (parking lot) and minor (deck addition)
site plan modification approvals for Brandy's Waterside Cafe (HPB
actions of July 17, 1991) appropriate findings were made with
respect to the Future Land Use Map, Consistency and Concurrency.
Improvements required per the site plan modification approvals
have been installed and will not be impacted by this minor
modification.
Compliance with Land Development Regulations :
Items identified in the Land Development Regulations shall
specifically be addressed by the body taking final action on
a land development application/request.
Proposed Dock Use:
Pursuant to LDR Section 4 .4 . 13(C) ( 1) , within the CBD zone
district, parking for patrons of the primary use is an allowed
accessory use. The proposed dock provides a similar function in
that patrons of the restaurant may arrive by boat, and "park"
their vessels at the dock. Therefore, the dock is considered an
accessory use, and is limited to the exclusive use of the patrons
of Brandy' s Waterside Cafe. Further, the permit issued by the
Army Corps of Engineers states that the dock is for the exclusive
use of the customers of the restaurant.
HPB Staff Report
Minor Site Plan Modification - Brandy's Waterside Cafe
Page 3
There are existing docks located south of the proposed dock
location. These docks are allowed as an accessory use to the
residential uses.
It is important that a distinction be made between the proposed
dock and a "commercial dock" . The building permit application
for the dock does not indicate the installation of services i .e
water, sewer and electric outlets, which are items associated
with commercial docks. In addition, the Corps of Engineers
permit states that there shall be no extended or overnight
mooring of vessels at this dock. Therefore, the dock is not
considered a "commercial" dock.
OTHER ITEMS:
The proposed dock will be located over an existing cable
crossing. A "No Anchoring" sign is posted. Prior to approval of
the site plan modification, verification must be provided from
Florida Power and Light, Southern Bell and Leadership Cable that
constructing the dock and mooring of boats in that location is
acceptable. If the location is unacceptable, the configuration
of the dock may need to be modified. If the latter is the case,
then modified permits from the approving governmental agencies
will need to be provided.
A remaining issue concerns the City's interest in Canal Street as
a public right-of-way. According to the original Town of Linton
plat, Canal Street is a dedicated public road. The Army Corps of
Engineers has an easement for the Intracoastal Waterway, which
includes Canal Street, however, this easement does not negate the
City's interests . Prior to the issuance of a building permit for
the dock, the applicant must obtain a license from the City to
use this right-of-way, and must provide an agreement indemnifying
the City from any liability resulting from the use of the dock.
ASSESSMEN T:
The proposed dock is allowed as an accessory use to Brandy' s
Waterside Cafe and is an appropriate adjunct to a waterfront
restaurant. In the past, residents living in this area along the
Intracoastal expressed concerns about the docking of a cruise
boat at this location. However, this request made by Brandy's
differs from the previous proposal in that the dock is for the
exclusive use of restaurant patrons, for the temporary docking of
private boats. Additionally, the Army Corps of Engineers permit
limits the type of vessels to small and medium sized boats
(general range 18 ' - 40 ' in length) . A maximum of 6 boats will
be docked at any one time and the hours of operation will be
limited to the restaurant business hours.
1
' 1
•j
FINDINGS OF FACT
HISTORIC PRESERVATION BOARD MEETING, FEBRUARY 19, 1992
COA 8-157 B
Brandy' s Waterside Cafe
840 E. Atlantic Avenue
Troy Ennis, Authorized Agent
The applicant requested approval for a minor site plan
modification to allow the construction of a dock on the
Intracoastal Waterway.
The proposal is to construct a 5 ' X 150' wood dock, with
three 5 ' X 12 ' crosswalks leading from the dock to Canal
Street.
Based on a determination, pursuant to Section 2.4 .5(G) (5) ,
that the proposed changes do not significantly affect the
originally approved plan, COA 8-157B was approved with the
following conditions:
1 . That the dock be for the exclusive use of the patrons of
the Brandy's Waterside Cafe (adjacent restaurant) .
2 . That a sign be installed, in a prominent location,
advising all boaters of no extended or overnight
mooring.
3 . That manatee awareness signs be installed on the dock
advising boaters of the potential of manatees being in
the area's waters and the need to use caution while
boating in the area' s waters. (The signs shall be in
place upon completion of construction and prior to the
mooring of vessels at the dock. )
4 . That verification be obtained from Florida Power and
Light, Southern Bell and Leadership Cable attesting that
constructing the dock and mooring of boats at the cable
crossing is acceptable.
5. That the conditions as setforth in the permits issued by
the U.S. Army Corps of Engineers (Permit NO.
199101999819 (LP-LS) and Palm Beach County Department of
Environmental Regulation (Permit NO. DF-403-91) be met.
f`[
Findings of Fact
COA 8-157B
Page 2
6 . That prior to issuance of a building permit, the
applicant obtains the appropriate license agreements
from the City for the use of the right-of-way, and
provides a hold harmless agreement which is acceptable
to the City Attorney.
Docks without superstructures, (e.g. gazebos or boathouses)
do not require design approval from the Historic
Preservation Board. This COA was approved with
conditions, for minor site plan modification only.
The vote was 5-0.
Patricia Cayce
Historic Preservation Planner
AGENDA ITEMS HPB MEETING FEBRUARY 19, 1992
DATE: FEBRUARY 13, 1992
TO: HISTORIC PRESERVATION BOARD
FROM: PAT CAYCE
SUBJECT: PROPOSED PATIO SHOPPES, 714 E.ATLANTIC AVENUE
DIGBY BRIDGES, AGENT. BURTON HANDELSMAN, OWNER.
The Planning and Zoning Department has received a request
for conditional use and site plan approval for the Patio
Shoppes. The development proposal involves the construction
of an 11,736 sq. ft. two story building which will house a
restaurant,retail shops and offices. The land is now vacant.
The proposed Patio Shoppes will be located at the southwest
corner of Palm Square and E. Atlantic Avenue. The property
is located within the Marina Historic District and is within
two zoning districts:
the proposed building will occupy Lots 4 thru 8 and 45
and 46, which are zoned CBD.
the parking lot for the project will be situated on Lots
42 thru 44 which are zoned RM.
Because the rear lots are zoned RM, which does not allow
private parking lots, a petition to rezone the property to
CF is necessary. The petition will be proposed along with
the conditional use/site plan requests. The conditional use
action is to allow the establishment of a private parking
lot within the proposed CF zone district.
The COA for design evaluation and site plan approval will
come to the HPB at a later date.
Action requested at this meeting:
Consider a recommendation to the P & Z Board:
regarding the rezoning of Lots 42 thru 44 of Block 125,
Palm Square Unregistered, from RM to CF
regarding the conditional use to allow a private
parking lot within the proposed CF zone district
1 i 1 •
SITE PLAN NORTH
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MEMORANDUM
DATE: FEBRUARY 20, 1992
TO: THE PLANNING & ZONING BOARD
FROM: PAT CAYCE ISTORIC PRESERVATION PLANNER
SUBJECT: REZONING AND CONDITIONAL USE FOR THE PROPOSED
PATIO SHOPPES, 714 E. ATLANTIC AVENUE
At its meeting of February 19, 1992 the Historic
Preservation Board voted to recommend approval of:
* rezoning Lots 42 thru 44 of Block 125, Palm
Square Unregistered, from RM to CF
* granting a conditional use to allow a private
parking lot within the proposed CF zone district.
Lots 42 thru 44 are located within the Marina Historic
District.
The vote was 5-0.
PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION
DELRAY BEACH, FLORIDA
February 17, 1992
REPLY TO:
65 Palm Square
Delray Beach, FL 33483
TO THE MEMBERS OF THE DELRAY BEACH PLANNING AND ZONING BOARD:
The members of the Palm Square-Marine Way Homeowners Association have reviewed the
plans for the development of the southwest corner of Atlantic Avenue and Palm Square.
In order to accomodate this added burden of traffic and parking in a historical
residential area, we hope every effort will be made to gain access to Seventh Avenue
and to close Palm Square between the residential and the commercial zoned areas.
The development of Brandy's and elimination of the "No Left Turns" at Atlantic Avenue
and Palm Square are causing a tremendous increase in the traffic through the Marina
Historic District. In addition, Brandy's is now creating a large sidewalk cafe on
Marine Way and in the future will , no doubt, open second and third floor.
As you know, Mr. Handelsman has submitted plans for a two-story, 11,376 square foot
building on the corner of Palm Square and Atlantic Avenue. The building will house
stores, offices, andf restaurants including a sidewalk cafe. The small number of
parking spaces indicated will never be adequate for that number of businesses. An
added problem will be trucks unloading on Atlantic Avenue. The overflow will park on
the streets throughout the neighborhood.
We want commercial development but the neighborhoods deserve consideration. Come
and look at the area. Almost every parking space is filled at Brandy's, the Park,
and Atlantic Plaza at noon and in the evening when the Paddleboat goes out and the
stores and restaurants are operating.
With access to Seventh Avenue, traffic could be routed to the city parking lot next to
Victorio's and behind Best Western; all through commercially zoned areas, not resi-
dential . Traffic could be kept out of the neighborhoods and would have access to both
lanes of U.S. #1 via the traffic light at Seventh Avenue and Atlantic Avenue.
Please give this problem serious consideration when you review this project.
Ver truly yours,
ce, i/Lez<71
AFda . R'ley
Dr ge
R b
cc: Mayor and City Commission a�. Bowen
City Manager
Traffic Manager
•
----- -
---, Sun-Sentinel, Sunday, Fe-b�ru'ary 16, 1992 ( `i� ;,4f `F� s
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The Terrimore house may become a restaurant,offices or a bed and breakfast.
s1 : Fflfl ' a1oW •
sale
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$200,000 wanted for Terrimore propertyat Four Corners
This is the first installment of an occasion- Four Corners, as local preservationists purchaser to open an intimate upscale res-
al series on historic preservation in Palm call it, is being used for the purpose its taurant," he said, adding that four buyers
Beach County. builders had in mind.Yet just having these have toured it in the past 60 days. All are
buildings around when so many others looking at opening a restaurant, office
have been torn down is victory enough,
By MICHAEL KORETZKY space or returning it to an inn.
Stan Writer says Pat Casce, the city's preservation "It's a special and unique property which
planner. requires a special and unique purchaser,"
DELRAY BEACH — The more things Casce is especially happy to see preser- he said."The kinds of buyers who look at it
stay the same, the more they change. vation-minded buyers express interest in have great appreciation for aesthetics and
Nowhere in Palm Beach County is that Terrimore, which has been in foreclosure beauty and have a vision of what they can
more apparent than at the "four corners" since last year, when a bed-and-breakfast do with that building."
of Swinton Avenue and Northeast First inn shut down. That may sound like real-estate agent
' Street, where preservationists have sue- "It's a very important structure," she hype, but Casce said Terrimore warrants
ceeded in keeping a handful of impressive said. Built in 1926, "it's a bungalow that the praise.
old buildings looking as new as the day has most of its original elements,especial- "The house has a lot of interesting histo-
they were built. ly its windows, and the restoration [in ry,"she said. "It was built by a prominent
1 But there's an obvious irony:The old ele- 1989J was wonderfully done. And now all member of the early community."
mentary and high school is now Old School the four corners are anchored,so it's real- That person was John R. Cason Jr.,who
Square,a community center and arts com- ly great." local historians refer to as "Delray
plex; the Cason Cottage is a museum; the Real estate agent Sandy Simon, an ac- Beach's first permanent doctor."
house across the street is an attorney's of- tive preservationist himself, is selling the Cason himself would be surprised to see
' fice; and Terrimore, a huge 1920s bunga- two-story, 2,686-square-foot home for his residential neighborhood these days.
low, is on the verge of becoming a First Southern Bank, which took over the But Simon and Casce say they are proud of
rant. house last year. Asking price: $200,000. the way small businesses are keeping his-
of the buildings at this historic "We are negotiating with a prospective tory alive.
" 1
February 11, 1992
Pat Cacye
Historic Preservation Officer
City of Delray Beach
Dear Pat,
It is with deep regret that I submit my resignation from
the Historic Preservation Board. But due to an increase demand
on my time from my job I find it necessary. I cannot devote the
time necessary to do a good job therefor would appreciate your
passing this resignation on the the proper people.
I have enjoyed serving on the Board and wish the continuing
members all the success it can achieve.
$: c
Si
Wi •yers