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HPB 05-05-1993 • AGENDA HISTORIC PRESERVATION BOARD MEETING WEDNESDAY, MAY 5, 1993 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 . COA 8-205 119 N. Swinton Avenue. Michael Weiner, Owner. Studio Addition for Jane Manus, Sculptor. Contributing Building, Old School Square Historic District. Approval of COA 8-205 for a studio addition and associated exterior design elements. 3 . COA 8-206 124 N.Swinton Avenue. Tom and Darlene Duggan, Owners. Contributing Building, Old School Square Historic District. Approval of COA 8-206 for the restoration of the front porch and exterior paint colors. 4 . Reports and Comments: * Representatives from the Historic Districts * Board Members * Staff 6 . Approval of the minutes: * April 7, 1993 * April 21, 1993 7 . Adjournment MINUTES OF THE HISTORIC PRESERVATION BOARD PUBLIC HEARING WEDNESDAY, MAY 5, 1993 LOCATION: FIRST FLOOR CONFERENCE ROOM 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 1. ROLL CALL: The Chairperson (Daniel Carter was acting Chair) called the meeting to order at 6:00 P.M. Board Members: Christine Bull Present . Margie Miller Present Daniel Carter (Vice Chair) Present Sandy Jamison Present Pat Healy-Golembe Absent Buck Miller (2nd Vice Chair) Present Rose Sloan (Chair) Absent Staff Members Present: Jeff Costello, Planning & Zoning Department Pat Cayce, Planning & Zoning Department 2 . COA 8-205: 119 N. Swinton Avenue; Old School Square Historic District; Michael Weiner, Owner; Studio for Jane Manus, Sculptor. The Board approved COA 8-205 based upon positive findings with respect to Section 4 .5. 1, with the following modifications: A. That the height of the addition be reduced by 3 ' ; for a total height of 18.5 ' . B. That the garage door be constructed of white clad aluminum with clear glass or Lexon panels. C. That the existing portion of the concrete drive between the southwest gate post and the southwest wall of the addition be removed and appropriate landscaping be installed. Buck Miller moved for approval, seconded by Margie Miller. The vote was as follows : Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller - Yes; Margie Miller - Yes. Said motion passed 5-0. Michael Weiner, Owner and Jane Manus approved of the modifications . 3 . COA 8-206 : 124 N. Swinton Avenue; Old School Square Historic Arts District; Tom and Darlene Duggan, Owners . The Board approved COA 8-206 for the design of the porch restoration; the lattice foundation cover and the paint color swatches are attached to COA 8-206 . Body of the house : Pale Yellow Porch, windows and doors : White Trim strip on window moldings : Pale Orchid If the proposed Ionic Capitals for the front porch are unavailable another capital style may be substituted. Margie Miller moved for approval, seconded by Sandy Jamison. The vote was as follows : Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller - Yes ; Margie Miller - Yes . Said motion passed 5-0 . 4 . APPROVAL OF MINUTES : April 7th & 21st, 1993 Meetings Christine Bull moved for approval of the minutes for the April 7th & 21st, 1993 meetings, seconded by Sandy Jamison. The vote was as follows : Christine Bull - Yes ; Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller - Yes; Margie Miller - Yes . Said motion passed 5-0 . 5 . ADJOURNMENT: Margie Miller moved for adjournment at 6 : 30 P.M. , seconded by Sandy Jamison. The vote was as follows : Christine Bull - Yes; Daniel Carter - Yes ; Sandy Jamison - Yes ; Buck Miller - Yes; Margie Miller - Yes . Said motion passed 5-0 . The next meeting is scheduled for May 19 , 1993 . The undersigned is the Secretary of the Historic Preservation Board and the information provided herein is the Minutes of the meeting of said body for May 5, 1993, which were formally affed and approved by the Board on May 19 , 1993 . /Dina Mund If the Minutes that you have received are not completed as indicated above, then this means that these are not the Official Minutes . They will become so after review and approval , which may involve some changes . - 2 - 5/5/93 FINDINGS OF FACT HISTORIC PRESERVATION BOARD MEETING WEDNESDAY MAY 5, 1993 COA 8-205 119 N. SWINTON AVENUE MICHAEL WEINER, OWNER STUDIO FOR JANE MANUS, SCULPTOR CONTRIBUTING BUILDING, OLD SCHOOL SQUARE HISTORIC DISTRICT. The action before the Board was that of approval of COA 8-205 for the construction of a 356 sq. ft. addition to accommodate an artist studio in combination with an existing single family residence. Also included in the COA is the installation of a trellis, entrance gates, landscaping, removal of aluminum awnings and exterior paint color. Please see "Design Components" page 2 of the staff report for details of the project. This development did not require site plan approval as the house will remain residential and the studio addition will be used solely as a workshop for the artist. No retail sales will be conducted on the site. oliAtif. ACTION OF THE BOARD The Board approved Coa 8-205 based upon positive findings with respect to Section 4 . 5 . 1 . , with the following U modifications : A. That the height of the addition be reduced by 3; for a total height of 18 . 5 ' . B. that the garage door be constructed of white clad aluminum with clear glass or Lexon panels . C. That the existing portion of the concrete drive between south west gate post and the south west wall of the addition be removed and appropriate landscaping be installed. Michael Weiner, Owner and Jane Manus approved of the modifications . Pat Cayce Historic Preservation Planner May 6 , 1993 STAFF REPORT HISTORIC PRESERVATION BOARD MEETING WEDNESDAY MAY 5, 1993 AGENDA ITEM 2' COA 8-205 119 N. SWINTON AVENUE MICHAEL WEINER, OWNER STUDIO FOR JANE MANUS, SCULPTOR CONTRIBUTING BUILDING, OLD SCHOOL SQUARE HISTORIC DISTRICT. ITEM BEFORE THE BOARD The action before the Board is that of approval of COA 8-205 for the construction of a 356 sq. ft. addition to accommodate an artist studio in combination with an existing single family residence. Also included in the COA is the installation of a trellis, entrance gates, landscaping, removal of aluminum awnings and exterior paint color. This development does not require site plan approval as the house will remain residential and the studio addition will be used solely as a workshop for the artist. No retail sales will be conducted on the site. BACKGROUND The property consists of a single family wood and stucco vernacular residence and a free standing garage. The Florida Master Site File for the property lists 1924 as the date of construction. Staff is of the opinion that the building pre-dates 1924 . No record of a building permit for the property is recorded in the City Council minutes or in the Delray News. It was probably moved to its present site from Atlantic Avenue, or close proximity to the Avenue, during the building boom of 1924 . Most of the early cottages with this roof configuration had an open front porch with a roof supported by simple columns or 4 x 4 's. Often when cottages were moved these porches were removed and seldom replaced. The applicant is requesting approval to construct a 356 sq. ft. addition to the west wall of the garage and the south wall of the residence. The addition extends 29 .5 ' from the west wall of the garage, with a height of 21.5 ' . It will be constructed of C.B.S. with a single gable roof running east and west. The addition will provide studio space for the fabrication of metal sculptures; the garage will be used for storage of materials. The house will remain a single family residence. COA 8-205 Page 2 DESIGN COMPONENTS Building Addition On the west of the addition will be a 9 'x 14 ' steel garage door with raised panels which will be finished with white polyester. Above the garage door and under the peak of the gable is an aluminum louvered ventilator. The south wall of the addition will have a series of five 2 ' x 2 ' glass block inserts located just below the roof line. Five 1 ' x 1 ' ceramic tile panels will be located 2.5 ' below each glass insert. The east wall will have two glass block inserts as described above. The view of the north wall is obscured by the gable roof of the residence. Trellis, Gates and Associated Landscaping. A new concrete drive will be constructed in front of the garage door and will extend to the south west corner of the residence. Wood gates will be installed across the drive. Two stepped-back, stuccoed concrete walls , 3 ' x 6 ' and 3 ' x 8 ' , will be located to the south of the gate and will support a stepped-back trellis type fence (see site plan and south elevation for explanation) . An 8 ' trellis fence on 6 ' centers runs along the south wall of the new addition. The existing trees and shrubbery are to remain. A new hedge will be planted along the north property line and around the existing propane gas tank. A new irrigation system will be installed along the west property line. Paint Colors, Roof and Awnings The aluminum awnings on the west facade of the residence will be removed, the balance of the aluminum awnings will remain and will be repainted white. The roof material of the addition is to match the existing residence. The house, garage, addition, fences, walls and trellis are to be painted white. The eaves, trim, doors and accent bands will be painted turquoise. Color samples will be available at the meeting. COA 8-205 Page 3 ANAL Y S I S 1. Pursuant to Section 4 .3.4 (K) of the LDR' s, this project meets all of the development requirements . 2 . The use as a residential artist's studio is compatible to the OSSHAD zoning. Pursuant to Section 4 .5. 1(E) (4) Compatibility with the Secretary of the Interior's Standards, New Additions to Historic Building: 3 . The contemporary addition to the contributing building is appropriate as the Standards recommend that new designs should always be clearly differentiated so that the addition does not appear to be part of the historic resource. 4. The location and scale of the addition is in conflict with the Standards . The recommended location for an attached addition is to the rear or on an inconspicuous side of an historic building and limiting its size and scale in relationship to the historic building. The major obstacle to complying with item 4 is the height of the addition. If the height were reduced by 3 ' to a total height of 18.5 the addition would be more in scale with the adjacent residence. It would be difficult and expensive, though not impossible, to construct the addition in a more appropriate position on the site. One possibility would be to move the garage to the west and build the studio to the east of it. This proposal would necessitate improving the alley to the rear of the property. The cost of the alley improvements would be the applicant's responsibility. The garage door which faces Swinton Avenue contributes to the inappropriateness of the addition's location. It presents an industrial look to a project which is supposed to remain residential in character. Perhaps if the solid steel garage door were replaced with white coated aluminum and panels of clear glass or Lexon, such as those used at the Trouser Shop and the Delray Newsstand on Atlantic Avenue, more of a studio effect would be gained. Removal of the inappropriate glass jalousies and the addition of a front porch to the house would enhance the property; focus visual attention on the contributing building and reinforce the residential character of the site. COA 8-205 Page 4 REVIEW B Y OTHERS Community Redevelopment Agency The Community Redevelopment Agency reviewed the proposal at its meeting of . April 22, 1993. The CRA Board had no objections to the proposed use. However, the Board had concerns with the scale (height) of the addition in relation to the existing structure. Also, the Board had concerns with respect to the 15 ' high overhead door facing Swinton Avenue. The Board felt that the height of the addition should be decreased as much as possible, and that the starkness of the door be lessened, e.g. add windows to the door. Old School Square Property Owners Association A courtesy notice has been sent to the Chairman and Vice Chairman of the Property Owners Association. Letters of opposition, if any, will available at the meeting. ALTERNATIVE ACTION 1 . Continue with direction. 2 . Approve COA 8-205 as presented. 3 . Approve COA 8-205 with the following modification: A. That the height of the addition be reduced by 3 ' for a total height of 18 .5 ' . B. That the garage door be constructed of white clad aluminum with clear glass or Lexon panels. 4 . Deny COA 8-205 based on a failure to make a positive finding with respect to Section 4 .5. 1(E) (4) , Compatibility with the Secretary of the Interior' s Standards. RECOMMENDED ACTION 1 . Approve COA 8-205 based upon positive findings with respect to Section 4 .5. 1. , with the following modification: A. That the height of the addition be reduced by 3 ' for a total height of 18.5' . B. That the garage door be constructed of white clad aluminum with clear glass or Lexon panels. /--� - 1.q�/Cf.Ec, �}t(au1.1.JJr . i i/ ....---f---•1[--._..,:s.,., - _ �� � V /:-___:. -, ,r• cs�T�a F'WE — L : it II •L .J� .—C11Jp1j�'!O NJ4 �� -- __ hYut, ALL fLW i •— — l � - e.ciT- -F.-n.1;rc..1 aE+.1 G�.YT�Y.;d • 1.0E5r EGE✓rs-Tloml • - ^i' • eu;.c.1i+.rc.•.L p..e fElar1.tiv . ni 1 ../- o Y 411:04. iYa6r44z0 _ __ 1 S i • 0-4., 1 r. 1 Eksr ecev, i7c ' z' i I , . • •• t' a' �'. .. n'xi?ytai►max // • . 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'''..Z.....V'tif. .':-:•:.**..-'Cil;“71...-te".A.7%'.5.'4""7-7• ..,.;,.-- •.,s13,5...4„....:--..:_j,..•. 2... ...... . 1....."114.'" - -- ...... .,...:.-.•... ,. .7,...), 1 ......1„.._ uv.......0,s, c. . - ...... ......„.:* ....r.x. - .Y"..-.....'..6'.:,,Nd6.:=Z-... j.....t .. ru, ...1...4.'.:,,,le-V•:...j......-.... • • NEW ADDITIONS TO An attached exterior addition to a historic building expands its"outer limits"to create a new pro- HISTORIC BUILDINGS file. Because such expansion has the capability to radically change the historic appearance, an exterior addition should be considered only after it has been determined that the new use cannot be successfully met by altering non-character-defining interior spaces.If the new use cannot be met in this way, then an attached exterior addition is usually an acceptable alternative. New additions should be designed and constructed so that the character-defining features of the historic building are not radically changed, obscured, damaged, or destroyed in the process of rehabilitation. New design should always be clearly differentiated so that the addition does not appear to be part of the historic resources. Recommended Not Recommended Placing functions and services required for the new use in non- Expanding the size of the historic building by constructing a new character-defining interior spaces rather than installing a new addi- addition when the new use could be met by altering non-character- tion. defining interior spaces. Constructing a new addition so that there is the least possible loss Attaching a new addition so that the character-defining features of of historic materials and so that character-defining features are not the historic building are obscured, damaged, or destroyed. obscured, damaged, or destroyed. y Locating the attached exterior addition at the rear or on an in- ,Designing a new addition so that its size and scale in relation to the conspicuous side of a historic building; and limiting its size and historic building are out of proportion, thus diminishing the scale in relationship to the historic building. historic character. Designing new additions in a manner that makes clear what is Duplicating the exact form, material, style, and detailing of the historic and what is new. historic building in the new addition so that the new work appears to be part of the historic building. Imitating a historic style or period of architecture in new additions, especially for contemporary uses such as drive-in banks or garages. NEW ADDITIONS TO HISTORIC BUILDINGS (continued) Recommended Not Recommended {Considering the attached exterior addition both in terms of the new Designing and constructing new additions that result in the diminu- use and the appearance of other buildings in the historic district or tion or loss of the historic character of the resource, including its neighborhood. Design for the new work may be contemporary or design, materials, workmanship, location, or setting. may reference design motifs from the historic building. In either case, it should always be clearly differentiated from the historic Using the same wall plane, roof line, cornice height, materials, building and be compatible in terms of mass, materials, relation- siding lap or window type to make additions appear to be a part of ship of solids to voids, and color. the historic building. Placing new additions such as balconies and greenhouses on non- Designing new additions such as multistory greenhouse additions character-defining elevations and limiting the size and scale in rela- that obscure, damage, or destroy character-defining features of the tionship to the historic building. historic building. Designing additional stories, when required for the new use, that Constructing additional stories so that the historic appearance of are set back from the wall plane and are as inconspicuous as possi- the building is radically changed. ble when viewed from the street. r-0uU>P.�%SD&_ LEGAL DESCRIPTION PoUL1r�P.Y•uA /W4• =2f22�7 N.E.2ND STREET THE TH .5 S, ISH F `e L 7MpS sz,) THE NORSOUTH32 44 FEETFEET OFOF LOTLOT S,AND BLOCKA 67O, THETHENORT TOWN OFI2 LIFEETNTONO \'\ (NOW KNOWN AS DELRAY), ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 3 OF THE,PUBLIC RECORDS OF �' b Di PALM BEACH COUNTY,FLORIDA. 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NORTH "C ♦ l a I r- '.13].luD P,v UAiL/ s.` 131.GIs g ail a°d 3 St " `' .-CO T 3 4 t v0 Not to Scale \ col`Q7N r d L 3 g 3 CI .�c Q DELHAY I a' a W N ct Vici ity - 'V Q-T r✓- g d g I St _Op St Map l< yr �Y b I.R.=iron rod R=radius Q =central angle P.O.B.=point o1 beginning U/E=utility easement e I.P.=iron pipe L=arc length CL=centerline P.C.=point of curvature i bearing basis line 6- V , Asph=asphalt Esmt=easement Conc=concrete P.O.C.=point of commencement r:6•1 —... �... f . .._.. .. —- — \�_ John Renner Certified To: 418 E.Atlantic Avenue MICHAEL S.WEINER,AS TRUSTEE Delray Beach,FL 33483 MICHAEL S.WEINER&ASSOCIATES,PA. N' Phone 407.2434824 AMERICAN PIONEER TITLE INSURANCE COMPANY / ,,� Fax 243-4869 N.E.1ST STREET I Lund Wes Palm Fax 735-76491 .�'/` ' Surveyor Tall Free t-800-773.5531 � it � - - t 0MILLEQ ., Fax Free 1-800.954.4408 FOt1Uo P.K,UG L I hereby certify that the'Sketch of Boundary Survey' Flood Zona: X reetwo P.V. u4.1L/V AS416RitZZ13'] shown hereon meets the minimum technical standards set forth in Chapter 21 HH-6, Florida Administrative Map No:12510Z Q124 ? Code pursuant to Section 472,027,Florida Statutes. Map Date: 1-5-Kt.) Not valid unless Unless otherwise noted elevations shown hereon are sealed with embossed based on the National Geodetic Vertical Datum of 1929, 2 tom.1 Vt Data: surveyor's seal and bearings are base n plat, i 0I L L JV,- Job No: 12-17_0-A 1"= 20 _ Jon .Renner P.L.S.No.4739 Revised: FINDINGS OF FACT HISTORIC PRESERVATION BOARD MEETING WEDNESDAY MAY 5, 1993 COA 8-206 124 N. SWINTON AVENUE TOM & DARLENE DUGGAN, OWNERS CONVERSION OF A SINGLE FAMILY RESIDENCE TO A RETAIL ESTABLISHMENT. CONTRIBUTING BUILDING, OLD SCHOOL SQUARE HISTORIC DISTRICT. The action before the Board is that of approval of the design and restoration of the front porch and approval of paint colors as a component of COA 8-206 . ACTION OF THE BOARD The Board approved COA 8-206 for the design of the porch restoration; the lattice foundation cover and the following paint colors : (Paint swatches are attached to COA) Dom ks Body of the house:// Pale yellow Porch and windows : White Trim strip on window moldings : Pale orchid. If the proposed Ionic capitals for the front porch are unavailable another capital style may be substituted. Pat Cayce Historic Preservation Planner May 6 , 1993 oo,41/14:i2,904)0H1)211/" 01114k- .f STAFF REPORT HISTORIC PRESERVATION BOARD MEETING WEDNESDAY MAY 5, 1993 AGENDA ITEM 3 COA 8-206 124 N. SWINTON AVENUE TOM & DARLENE DUGGAN, OWNERS CONVERSION OF A SINGLE FAMILY RESIDENCE TO A RETAIL ESTABLISHMENT. CONTRIBUTING BUILDING, OLD SCHOOL SQUARE HISTORIC DISTRICT. ITEM BEFORE THE BOARD The action before the Board is that of approval of the design and restoration of the front porch and approval of paint colors as a component of COA 8-206 . BACKGROUND This building originally had an open porch with columns and balustrades. At some date the porch was inappropriately enclosed. The applicant removed the porch enclosure without a COA and a stop work order was enacted for the job. This development is in the process of site plan review which is required because of the change of use from a residential to a commercial property. In order to stabilize the porch and improve the appearance of the property, staff decided to process this phase of the COA for HPB review. DESIGN COMPONENTS The applicant is in possession of only two of the original fluted columns which will be located at the corners of the porch. The 2 columns which will be replaced will be smooth and not fluted, this is an appropriate replacement treatment. However, all of the capitals are missing. The Ionic capitals depicted on the elevation are consistent with with the style and date of the house and there is an Ionic capital on a column in the interior. The Ionic design may prove difficult to obtain or be prohibitively expensive. Staff suggests that the Board approve any of the orders of Greek capitals, including the simple Doric; as any of them would be appropriate to the classical revival style columns. i COA 8-206 Page 2 The lattice foundation treatment is attractive and appropriate to the porch design. The applicant is proposing a pale yellow for the body of the house. It is my understanding that the porch columns and body of the window trim is to be white with a pale orchid trim strip on the window moldings. The Board might want to suggest a more traditional colonial revival color, such as dark green, for the window molding trim color. RECOMMENDED ACTION Approve the porch design, lattice foundation cover and colors for COA 8-206 with the following conditions : 1. That if the Ionic capitals are unavailable any of the Greek order capitals may be substituted. 2. That a darker, more traditional, color be used for the window molding trim. • • • n= r ,7r• t — lie , o7-u0tlrl41 .caw-lera , l4trlt�t.l10 -re.. ,_es-ra e-) ► ;--, � u-+IMrJeY ri ' .5laIi� s?�r t t t •• LrausTl►1[a) . ,e 1-7— ;--t _____, 1— i I rl--►---- i ` — _ _ / --- - • ,..•tvoil.-4 At-. 1- ; X 1----.--- .5..,,,jecint_ki A.L.Lit..,i, ....,104.44 �1�1 e. YO O-�`�lst►J — t�l H W t�l Got^ 5_ E -- --�1 tl • _ D - — I It�/aL .,FOOD -- - Mil - GauJM,Jb T - —._. Tv I� �Wt"o1ZL0 ♦. — -- ./ •fo rMa+i ----.. Ida oT tv¢r�G¢h. l,4PITAL (YTj1,t-To tM 1444 Illlllrl 1 11 �N.--.44 1 .k,711 11- 1.:\1 I 11 • 11.1Teg-lOrz.. [OLLIN11-1 €,ApItel,. _ F94. •�N+1 .�`,.�'•'• is��P:.� k :'.,�� .. .:•.a ...!,� jet ��'i., .!i+ �%'.� '%.!%' �.6�'% 1� (�' °.d;mla • • AR E I FRdYTT ELEVATION „� _ ,t-ntt [ - 14 R.; • - __ ''.:-.--...?;:-•-•,-:,, ,,,T.,....--,, -_ _ 1, om.: I --- ', -- i r IL 7C ,�1'.ary6�c•Z :�' A� �t9 try .(.. ;S-.. "!' I '..; . ' "'., 4 ., '.? -,!H•�o-,- -. '"..4-• .•�+-"?jy.:w..- -.,-:- --r�_. _ _ _ :ems. ,�.•r..cw.}t -ram-- = '47 IMIMM%1111 'R ,�'t, 1 a } ' , .Mti < oak, I 1 0 1( 7t. �. ,• -, iI _-_. ITS OF DELRAyCH CITY ATTORNEY' OFFICE 2:10 NW FACSIMILE 407st 127S-i •475;,I writorCls FDLOIroct;~r.iri• (407) 243-7090 • MEMORANDUM Date: April 28, 1993 To: David Kovacs, Director of Planning & Zoning Pay Cayce, Historic Preservation Planner From: David N. Tolces, Assistant City Attorn4 ' Subject: Agenda for Historic Preservation Board Meetings The agendas for the Historic Preservation Board meetings indicate that there are public hearing items, as well as reports from historic districts. Item numbers 6 and 7 include Unfinished Business and New Business. It is my suggestion that in order to comply with the Sunshine Laws, that under the "Unfinished Business" section, the agenda should list what items are going to be addressed. This will place citizens on notice a&;to what specific items are coming before the Board. With regard to item no. 7, "New Business", it is improper for the Board to discuss new cases with the Board without the applicant being present. It is my position that such an agenda item is appropriate under the Sunshine Laws so long as it is an opportunity for a Board member to bring up an issue that they would like to see discussed at future meetings . Due to the quasi-judicial nature of the Board's decisions, it is inappro- priate for the Board to consider material prior to the scheduled hearing time. Discussion of the merits of the matter should be confined to the future meeting at which the item or items are appropriately notified. If you have any questions or would like to discuss this matter further, please do not hesitate to call. DNT:sh -- historic.dnt ITY OF DELRAY BEACH CITY TTORNEY'S OFFICE NO NW 1st AVENUE • 44 FACSIMILE. :07I27S 475 DLW LRAY it�Z"BEACH, FDOirlMctDA ,~s.irii. (407) 243-7090 • MEMORANDUM Date: April 27, 1993 To: David Kovacs, Director of Planning & Zoning .,Pat:_Cayce',::.Historic._Preservation. Planner_ From: David N. Tolces, Assistant City Attorn' Subject: Relationship Between the RM Zoning District and the Old School Square Historic District The Old School Square Historic District is established pursuant to Section 4 .5 . 1(L) (4) of the Land Development Regulations of the City of Delray Beach. The original designation was adopted by the City Commission through Ordinance No. 1-88 on February 9, 1988. Within the Old School Square Historic District, certain uses are allowed to be established in such a manner which will mitigatge adverse impacts of the uses on the natural or man-made environment. The historic districts were created in order to provide for the identification, preservation, protection, enhancement, and perpetuation of the structures and appurtenances which are reminders of past errors and events important in local history. Section 4 .5. 1(B) establishes a criteria for the designation of a historic district. In order to qualify as an historic district, the properties within that area must fulfill one or • more of the criteria set forth in subsection (B) (2) or (3) . According to Section 4 .5. 1(B) (2) , a district will be deemed to have historical significance if it is associated in a signifi- cant way with the life or activities of a major person important in the city, state or national history or exemplifies the historic, political, cultural, economic, or social trends of the community in history. A district is deemed to have architectural or aesthetic significance if it portrays the environment in an era of history characterized by one or more distinctive architectural styles, or is an historic or out- standing work of a prominent architect, designer, lane architect, or builder. w� — LI NG April 27, 1993 Page 2 In order to be designated as an historic district, the nomina- tion for that district shall be made to the Historic Preserva • - tion Board and the Board shall conduct a preliminary evaluation of the information in order to determine if the area conforms with the historic district status criteria. The Board shall then prepare a designation report, and then set and hold a public hearing on the proposed designation. Once the public hearing date is established, no permit shall be issued for any new construction within the area. If the Historic Preservation Board finds that the nomination fulfills the proper criteria and all procedures have been followed correctly, it shall vote on the designation. A majority of the Board must act in the affirmative and transmit the nomination of the Board to the City Commission. The City Commission shall consider the designation through the adoption of an ordinance. The ordinance must be approved by three affirmative votes of the City Commission in order to make the designation. The question of whether a RM-zoned district may be designated an historic district depends upon the criteria set forth in Section 4 .5 . 1(B) . Thus, it is possible for the Historic Preservation Board to extend the Old School Square historic district into an RM Zoning District. The Board must follow the appropriate procedures and ensure that the extension is covering---an area which does meet the criteria established in Section 4 .5. 1(B) . The Board must also follow the required procedures as set forth in Section 4.5. 1(C) regarding the designation of an historic district. If you have any questions regarding this matter, or require any assistance, please do not hesitate to call. DNT:sh osadist.dnt