HPB 05-06-1992 r'w
AMENDED AGENDA
HISTORIC PRESERVATION BOARD MEETING
WEDNESDAY, MAY 6, 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 . COA 8-175A 310 N. Swinton Avenue, Dean Hoffman, Owner.
Construction of a 6 ' high wood fence and
gates in the front yard, OSS Historic
District.
3 . COA 8-181 19 S. Swinton Ave, Gustavo Tames, Owner.
Installation of metal door and window
guards, OSS Historic District.
4 . COA 8-182 Java City Cafe, 44 E. Atlantic Avenue,
Michael McLaughlin or Richard Siegel,
Owners of the Business.
A. Three advertising signs.
B. Installation of awnings over entrance
and window openings .
C. Installation of roll-down shutters to
replace glass in window openings .
D. Approval of site plan for sidewalk
seating.
5 . COA 8-104B 201 N.E. 1st Ave. , Anita Shannon, Owner
Height and design of the front portion,
from house to sidewalk, of a wood fence on
the north property line.
Relocation of a previously approved lattice
fence.
6 . Approval of "Banker's Row" Basic Site Plan.
M
Historic Preservation Board
Agenda, May 6, 1992
Page 2
7 . Make a recommendation to the Planning & Zoning Board
regarding the proposed amendments to the Old School
Square Historic Arts District (OSSHAD) .
8 . Discussion regarding the expansion of the Old School
Historic Arts District.
9 . Reports from Historic Districts
10 . Unfinished Business
11 . New Business
12 . Approval of the April 15, 1992 Minutes
13 . Adjournment
MINUTES OF THE HISTORIC PRESERVATION BOARD
PUBLIC HEARING
WEDNESDAY, MAY 6, 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 :
Christine Bull Present
Wayne Campbell (Vice Chairman) Present
Daniel Carter Present
Sandy Jamison Present
Pat Healy-Golembe Present
Buck Miller Present
Rose Sloan (Chairman) Present
Staff Members Present:
Diane Dominguez, Planing & Zoning Department
Jeff Costello, Planning & Zoning Department
Pat Cayce, Planning & Zoning Department
Diana Mund, Planning & Zoning Department
Janet Meeks, Planning & Zoning Department
Stan Weedon, Planning & Zoning Department
2 . COA 8-175A: 310 N. Swinton Avenue. Dean Hoffman, Owner -
Present.
The Board approved COA 8-175A for construction of a 6 ' high
stockade with dog eared top fence and gates painted white,
with some landscaping in front, to cover the existing chain
link fence in the front yard.
Pat Healy-Golembe moved for approval of COA 8-175A,
seconded by Christine Bull. The vote was as follows:
Christine Bull - Yes; Wayne Campbell - Yes; Daniel Carter -
Yes; Sandy Jamison - Yes; Pat Healy-Golembe - Yes; Buck
Miller - Yes; Rose Sloan - Yes. Said motion passed 7-0.
3 . COA 8-181 : 19 S. Swinton Avenue. Gustavo Tames, Owner -
Present.
The Board approved COA 8-181 for installation of metal door
and window guards with the following conditions:
* That the aluminum on all windows visible from the
street be painted white.
* The aluminum storm awning on the front facade is to be
removed.
* Foundation plantings be installed in front of the
gable.
* A shade tree to be planted in the front yard.
* The front yard is to be resodded.
NOTE: The applicant has agreed to the landscape
modifications .
Sandy Jamison moved for approval of COA 8-181, 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; Buck Miller -
Yes; Rose Sloan - Yes. Said motion passed 7-0 .
Rose Sloan moved to amend the Agenda to hear Item #5 (COA
8-104B) before Item #4 (COA 8-182) as the applicant was not yet
present.
5 . COA 8-104B: 201 N.E. 1st Avenue. Anita Shannon, Owner.
Anita Shannon was not present but was represented by her
husband Larry Siegel.
The Board approved COA 8-104B for a shadowbox fence with a
decorative cap on top of the 30 ' section to be located on
the north property line. The fence height is to be as
follows starting from the sidewalk: the first 10 ' section
is to be 3 ' in height; the second 10 ' section is to be 5 '
in height; and the third 10 ' section is to be 7 ' in height.
NOTE: Diane Dominguez questioned the sight line setback
height from sidewalk on the east property line (alley) .
Wayne Campbell moved for approval of COA 8-104B (shadowbox
fence) , seconded by Sandy Jamison. The vote was as
follows : Christine Bull - Yes; Wayne Campbell - Yes;
Daniel Carter - Yes; Sandy Jamison - Yes; Pat Healy-Golembe
- Yes; Buck Miller - Yes; Rose Sloan - Yes. Said motion
passed 7-0 .
The Board approved COA 8-104B (lattice fence) to relocate a
previously approved interior yard lattice fence and gate to
be painted white and installed between the main house and
the guest house (see survey for location) .
Daniel Carter moved for approval of COA 8-104B, 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; Buck Miller -
Yes; Rose Sloan - Yes . Said motion passed 7-0 .
- 2 - 5/6/92
At this time the Board returned to Item #4 (COA 8-182) as the
applicant was now present.
4 . COA 8-182 : Java City Cafe, 44 E. Atlantic Avenue. Michael
McLaughlin, Owner and Mark Little, Sign Contractor -
Present.
The Board approved COA 8-182 for the following:
A. The advertising signs were approved as follows:
* One 3 ' x 3 ' illuminated fixed projecting two
sided cabinet sign mounted on the north side of
the northeast corner of the building. Background
is to be white with no text; logo only.
* Two 8 ' x 2 ' non-illuminated wood flat wall signs.
Background Iris Green (Porter Paint #14503-3)
with gold lettering. Signs are to be mounted
over the window openings on the north and east
facades .
Wayne Campbell moved for approval of COA 8-182 (signs) ,
seconded by Christine Bull. The vote was as follows :
Christine Bull - Yes; Wayne Campbell - Yes; Daniel Carter -
No; Sandy Jamison - Yes; Pat Healy-Golembe - No; Buck
Miller - No; Rose Sloan - Yes . Said motion passed 4-3.
B. The Board approved installation of awnings on the
north and east facades and over the corner entrance.
The awnings are to be dark green canvas with exposed
pipe support and lacing. At a later date purple neon
lighting will be installed as part of the the awning
treatment.
Wayne Campbell moved for approval of COA 8-182 (awnings) ,
seconded by Christine Bull. The vote was as follows:
Christine Bull - Yes; Wayne Campbell - Yes; Daniel Carter -
No; Sandy Jamison - Yes; Pat Healy-Golembe - No; Buck
Miller - No; Rose Sloan - Yes . Said motion passed 4-3 .
C. The Board approved the roll-down shutters as follows:
* The applicant will remove the glass and guard
grids from the north and east windows and replace
it with white metal roll-down shutters . Weather
permitting, the shutters will be rolled up and
out of sight to create the atmosphere of an open
air cafe. The box which contains the mechanism
for the shutters, which is located at the top of
the opening, is to be painted green to match the
awnings .
- 3 - 5/6/92
Wayne Campbell moved for approval of COA 8-182 (shutters) ,
seconded by Sandy Jamison. The vote was as follows:
Christine Bull - Yes; Wayne Campbell - Yes; Daniel Carter -
Yes; Sandy Jamison - Yes; Pat Healy-Golembe - Yes; Buck
Miller - Yes; Rose Sloan - Yes. Said motion passed 7-0 .
D. The Board approved of site plan for sidewalk seating
as follows:
* The seating is to consist of 3 tables and 6
chairs in front of the north side of the cafe and
2 tables and 4 chairs on the east side. The
chairs and tables are to be placed next to the
building to permit a clear 5 ' path for pedestrian
travel.
Daniel Carter moved for approval of COA 8-182 (sidewalk
seating) , 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; Buck Miller - Yes; Rose Sloan - Yes . Said motion
passed 7-0 .
NOTE: This COA is approved contingent to the stipulation that
the applicant provide the City with the following items :
1 . A hold harmless agreement acceptable to the City Attorney.
2 . Proof of insurance which is acceptable to the City.
3 . An approved right-of-way permit from the City Engineer.
4 . Signed and notarized approval from the building's owner for
all exterior additions and modifications (Agent
Authorization Form) .
A Certificate of Appropriateness cannot be granted, or permits
issued, until all the contingency items are in compliance.
Pat Healy-Golembe had to leave at this time (7 :45 P.M. ) .
6 . BANKER' S ROW BASIC SITE PLAN:
Two parking lot site plan ( "A" and "B" ) choices were
submitted for Board approval. The Board approved Site Plan
"B" with the following conditions:
* A bike rack be added.
* Sidewalk seating (benches) be added.
* Trash receptacles added.
* The landscaping will be up to staff with the
pedestrian area shaded with shade trees.
- 4 - 5/6/92
Daniel Carter moved for approval of the Banker's Row Basic
Site Plan, seconded by Sandy Jamison. The vote was as
follows : Christine Bull - Yes; Wayne Campbell - Yes;
Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller -
Yes; Rose Sloan - Yes . Said motion passed 6-0 .
7 . RECOMMENDATION TO PLANNING AND ZONING BOARD RE: PROPOSED
AMENDMENTS TO OSSHAD:
The Board approved the recommendation of the proposed
amendments to OSSHAD to the Planning and Zoning Board as
presented to them by Stan Weedon of the Planning and Zoning
Department.
Wayne Campbell moved for approval of the Proposed OSSHAD
Amendments, seconded by Daniel Carter. The vote was as
follows : Christine Bull - Yes; Wayne Campbell - Yes;
Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller -
Yes; Rose Sloan - Yes . Said motion passed 6-0.
8 . EXPANSION OF OSSHAD:
This item will be considered at the June 3, 1992 meeting.
9 . REPORTS FROM HISTORIC DISTRICTS:
None
Rose Sloan had to leave at this time (8: 00 P.M. ) and the Chair
was moved to Wayne Campbell.
10 . UNFINISHED BUSINESS:
Pat Cayce presented the HPB recognition signs to the Board.
The Board stated that they would also like some type of
certificate to present to the winners .
The Board stated that they would like to send a letter of
appreciate to Mike Buckley of the Streets Department for
the recognition signs .
11. NEW BUSINESS:
The Board would like to set up guide lines as to regulating
the mulching of yards.
- 5 - 5/6/92
12 . APPROVAL OF MINUTES: April 15, 1992 Meeting
Sandy Jamison moved for approval of the minutes for the
April 15, 1992 meeting, seconded by Buck Miller. The vote
was as follows: Christine Bull - Yes; Wayne Campbell -
Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller
- Yes . Said motion passed 5-0.
13. ADJOURNMENT:
Daniel Carter moved for adjournment at 8:20 P.M. , seconded
by Sandy Jamison. The vote was as follows: Christine Bull
- Yes; Wayne Campbell - Yes; Daniel Carter - Yes; Sandy
Jamison - Yes; Buck Miller - Yes. Said motion passed 5-0.
The next meeting is scheduled for May 20, 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 May 6, 1992, which were formally
adopted and approved by the Board on ` , � `� , 1992 .
/r
Diana Mund
If the Minutes that you have received are not completed as
indicated above, then this means that these are not the Official
Minutes . They will become so after review and approval, which
may involve some changes.
- 6 - 5/6/92
AGENDA ITEM 2
HPB MAY 6, 1992
COA 8-175A 310 N. Swinton Avenue, Dean Hoffman, Owner.
Construction of a 6 ' high wood fence and
gates in the front yard, OSS Historic
District.
The applicant, Dean Hoffman came before the HPB on March 18,
1992 for approval to allow a previously constructed, 6 ' high
chain link fence and gates to remain in the front yard. The
fence and gates were installed in February, 1992 without a
building permit or COA approval. At this meeting the HPB
voted for removal of the front portion of the fence and
gates and approved the construction of a 4 ' tall wood fence
and gates .
Mr. Hoffman, appealed the HPB's March 18, 1992 decision to
the City Commission. The Commission heard the appeal on
April 14, 1992 . By a 3-2 vote the Commission denied the
appeal to allow the front portion of the 6 ' chain link fence
to remain as existing and directed the applicant to return
to the HPB for design approval for a 6 ' wood fence.
The backup material which went to the City Commission and
the Commission minutes are attached.
Mr. Hoffman plans to cover the chain link with wood. He has
submitted photos, see attached Xerox, of two fence designs;
shadow box, and stockade with dog eared top. Of the two
styles, the dog eared stockade fence painted white, with
some landscaping in front, would be the more appropriate
choice for this c. 1929 frame vernacular building.
RECOMMENDATION:
Board' s discretion.
._
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CITY COMMISSION DOCUMENTATION
TO: DA D T. HARDEN, CITY MANAGER
FROM: D VACS, DIRECTOR—
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 14, 1992
CONSIDERATION OF AN APPEAL OF HPB ACTION
PERTAINING TO A CERTIFICATE OF APPROPRIATENESS IN
THE OLD SCHOOL SQUARE HISTORIC DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
reversal of the Historic Preservation Board's (HPB)
decision to deny a Certificate of Appropriateness (COA)
to allow a six foot high chain link fence and driveway
gates at a single family residence located at 310 N.
Swinton Avenue, Old School Square Historic District.
The appeal has been filed by the applicant, Dean
Hoffman, owner of the property.
BACKGROUND:
In February of this year, a six foot high chain link fence
and double chain link driveway gates were installed at this
single family residence without a building permit and
without COA approval (note: the fencing along the north
property line existed previously; the illegal fencing runs
parallel to Swinton) . (See an attached exhibit for the
location of the fencing. ) The applicant was cited by Code
Enforcement for construction without a permit. He then
proceeded through the review process.
Pursuant to our Design Guidelines (excerpt attached) , chain
link are deemed "inappropriate for any historic site" . The
design guidelines do allow for use of green stained chain
link with complimentary hedging in rear yards, not visible
from the streetscape" .
This site has been designated as "contributing" (per OSSHAD
Designation Report) .
City Comm. ;ion Documentation •
Appeal of HPB Action
COA in the Old School Square Historic District
Page 2
The applicant went before HPB at its meeting of March 18,
1992 . The alternative actions presented to the Board
included:
( 1) Deny the application and require that the front fence
and gates be removed (side fencing would remain since
it was previously existing) , or
(2) Approve the COA with the following modifications:
(A) Cover the chain link front fence and gates with
wood facing;
(B) Paint the wood facing, color to be specified by
HPB;
(C) Require that appropriate landscaping be planted
and maintained in front of the fence.
The Board first had a motion to deny the COA and require
that the fence be removed. The vote was 2-2 . A new motion
called for allowing only a four foot high, wood fence, with
gates parallel to Swinton. This motion passed on a 4-0
vote.
BASIS OF APPEAL:
The appeal letter (copy attached) cites the following
reasons as a basis for the appeal:
( 1) A front fence six feet in height has been allowed in
the Old School Square Historic District - reference
Ann's Dog Grooming.
(2) For security purposes a six foot high fence instead of
a four foot high fence is needed.
(3) The applicant is willing to provide wood facing for the
fence and gates.
OTHER CONSIDERATIONS:
Apparently, at the HPB meeting there was discussion about
the height of fencing. There is a proposal that fencing be
limited to four feet high in front yards . In that the
location of this fence is more than 60' from the street, it
would not be considered as being a front yard fence.
The fence at Ann's Dog Grooming is a wood fence (as opposed
to chain link) .
It is normally inappropriate to act on a Board created
modification without the applicant' s consent to the
modification.
City Commissioi iocumentation
Appeal of HPB Action
COA in the Old School Square Historic District
Page 3
ALTERNATIVE ACTIONS:
( 1) Overrule the HPB action (of denial of the request) and
allow the chain link fence to remain as existing.
(2) Uphold the HPB action of "non-approval" (thus, no COA
is to be issued) and direct the applicant back to HPB
if he desires to pursue alternative fencing.
( 3) After consultation with the applicant, determine if he
wishes to modify the application to either of the
following (or some other alternative) :
(a) (Design Guideline Solution) : installation of wood
facing on the front of the chain link fence and
gates, with the following provisions :
* that the wood facing is painted white to
match the house, and
* that appropriate landscaping be planted and
maintained in front of the fence.
(b) (New Material Solution) : removal of the chain
link and install a 6 ' high wood fence, painted to
match the house.
RECOMMENDED ACTION:
Commission discretion.
Attachments :
* Appeal Letter
* Design Guideline Excerpt
* Survey
* Photographs
TO: City of Delray Beach
FROM: Dean A. Hoffman
310 North Swinton Ave.
Delray Beach, Florida 33444
•
SUBJECT: Appealing the decision of the Preservation Board of the
O.S.S.H.A.D. , Refusing a permit to construct a 6 FT chain
link fence.
to an
ng
This fence that
thes being southsideeaofd is my attached home. The fencelisimainlyc that
for security
along
purposes , and a determent to neighborhood .crime .
While attending the meeting, the boara was agreeable to this until,. a one
person a Cecil (Sandy ) Jameson came up with a 6 it . fence would set preceaei,t is
the future.
Upon investigation I found that a 6 ft . fence nad been installed at 302 N.EEEBrc
Stree , This is Place of bossiness that is called Ann' s Grooming. This :ence
is
�.� *� � te-'has a 6 ft. wooden gate installed on a chair, link
gate, with the chain link lacing the outside of N .E. 1st Ave.
All the board offered me was a 4 ft .wooden fence across the
side of my home going north to the south corner post. The board agreed that
the 6ft . chain link fence that I installed going from that corner post going
west to the existing 6ft . chain link fence was approved by the board.
I have agreed to cover the front with woou to Keep the appearance
that the O.S.S .H.A.D. wants. The 4ft. fence that the board will approve
would not provide me the security that 1 need. My house nas oroxen into twice ,
and I cannot keep nothing nice, like lawn chairs and other valuables in my pack
yard . With this higher fence it would be a lot harder to throw things over the
fence. The surveyors plans are with Pat t,ayce at City mail .
Sincerely
RECEIVED
3/8i/9a • Dean A. Hoffman
CITY CLERK
t '
:A� v^a,. Yy$fi a u- .,.,,yy,r+p� \fl \, S•,�.�,,,, t��", yy u{�ii'..
'y; ��r�r+� : t�•u*T� �.�' ����:�S7C"?T}�iSh�i�r�t i�.
3 FENCES & WALLS a,�, .� `'��,.i. A %� -.„
White painted wooden picket fences have been the traditional o
frame for Colonial Revival and Vernacular buildings for dec- '' h . t 1;, 1
t ades. They have always been an integral architectural land- ; . . p . ,' ; "-" 4
scaping element.Spanish style masonry walls are also preferred •4'. 9x zr. =• ,r, t ;;:• 'Y11*"'
to enclose Mediterranean buildings. " s ` Y' `"
,. . •
Maintaining original fences and walls is important. Unpainted Alk A AL, 0 4 At►. _.1►. ,� .,�.
wood fences and chain link fences are inappropriate for any �• ,
y historic site. Green stained chain link with complimentary , ,,, -..,
hedging height may be used in rear yards not visible from the • "'t'
streetscape. All new fences should be compatible with the ` 0-.'.•..•''*� .,t ,�. :
style, texture, and fabric of the street.
4 . ' : r
Ornamental iron fences can be appropriate for certain period - 'r '.
p{ j
.t' ' 3', 1 .i��ytio}�'Sa ,f'...Yn 'w,�j' x,S,,'Yr iI�e de. .
Creative fencing is encouraged to enhance the architectural •
rr ,,, syti.,a,fj , r ;y�:� sit +fret.. ,
charm and character of the historic site. •� titlf!,
�* ,�` a 4• I ,,4,, i < �3'« yet F
7{, 740 -.
PARKING (,`,{°�: , • r w _.:0
r�Y� tt.,, � ,r 4•,1,/4f:N`lL t i vify�^'r t• f,v 1 1.1'
The City of Delray Beach has adopted a Landscape Ordinance 1 r . �. • i;. r''
which establishes minimum standards for screening parking : �,` ' �' •and other vehicular use areas.Every attempt should be made to ! ' . . ,
obscure vehicular use areas from the pedestrian view.Fencing, iw
walls, or landscape buffers can mitigate the negative visual • •• s.
impact of automobiles. {i „e,i` i II '.fi '
A :4.
Parking requirements are set forth in the Zoning Ordinances. + • . I . .' 'L .,
Either destroying the building's appeal or inhibiting direct ` -,,,r'^` � ' i jn'�; ;\� ;
pedestrian access should not be permitted. A'Ttlat\"tr•7� t', t s<• rI11f`'t' `hi',
• e.: gti,+.ry/,< t J''.ft• j.!Iff^d_.1Z tt+, t 'rti'
Previous Page vet;. *fit,t , . :+ii 'i.ar. ' :1i rA} :::14::',r
lop: Wood fencing,low plantings,and natural brick walkway. 1 op: A glass block light, white painted brick, and sawn wood
Center: Keep vegetation low for aesthetic and security. lattice contribute appropriate historic site elements.
Bottom:A concrete/wood fence with potted seasonals creates a Bottom:A wood trellis with a waterfall of bouganvilla is supported
sensitive landscape setting. by attractive irregular picket fencing.
46
JOHN R k.ITTON ,
PROFESSIONAL LAND SURVEYOR `
118 N.E. 16TH COURT (407)276-7575 DELRAY BEACH, FLORIDA 33444
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LEGEND: BENCHMARK REFERENCE:
@ MANHOLE(M.H.) CI FIRE HYDRANT(F.H.) "D'33' AN •X• CUT IN CONC.
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0 PERMANENT REFERENCE MONUMENT(P.R.M.) ELEVATIONS BASED ON N.G.V.D.AND SHOWN THUS Imo+
REVISIONS DATE BY CK'D FLOOD ELEVATION INFORMATION
COMMUNITY No. 125/oZ DATE OF FIRM rlcm?
BASE FLOOD ELEV. - FIRM ZONE "X"
LOWEST FLOOR ELEV.2i.C5 PANEL No. ODO
• AVG. SITE GRADE SUFFIX •'0-
JOB NO. q2• oSy DATE: 'DRAWN BY: 1CHECKED BY: 'F.B./PO.
FILE NO. 1Z-OS/ 2/2/42. )L OL 91-101� C2,43
9 . B. Appeal of an Historic Preservation Board Decision. The Commis-
sion is to consider an appeal of an Historic Preservation Board decision
to deny a Certificate of Appropriateness for a six-foot chain line fence
at 310 N. Swinton Avenue .
The City Manager commented that staff agrees with the appli-
cant.
Diane Dominguez , Planning Department, stated this is an appeal
by Mr. Hoffman, the property owner, of a decision made by the Historic
Preservation Board, denying a Certificate of Appropriateness for a chain
link fence and gates that were installed without a permit. The owner
was cited by Code Enforcement. The City' s design guidelines for Histor-
ic Districts state that chain link fences are generally inappropriate ,
unless properly screened or not visible from the road. It was recom-
mended that it be replaced with a four-foot wood fence and gates .
Wayne Campbell, Vice-Chairman of the Historic Preservation
Board, stated the City design guidelines were taken into consideration
by the Board. The Board feels a wood fence is more appropriate with a
height of four feet.
Mr. Randolph expressed concern that, if this is allowed, it
will appear that the City is sanctioning this type of action; however,
he has concerns with the City Commission dictating to property owners
what they can and can not do on their property. He also commented about
the constant maintenance that will be required for a wood fence.
Mr . Mouw moved to deny the appeal, direct the applicant to
reapply for a permit for a six-foot wood fence and instruct the City to
issue a permit without penalty, seconded by Mr. Andrews. Upon roll call
the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - No;
•
Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No. Said motion passed
with a 3 to 2 vote.
Before roll call the following discussion was had:
Dean Hoffman, applicant, stated he will be agreeable with
anything the Board would like him to do.
Dr. Alperin stated he feels the Commission should either accept
or deny the appeal and send it back to the Board for a reasonable
decision.
At this point the roll was called to the motion.
9 .C. Appeal of an Historic Preservation Board Decision. The Commis-
sion is to consider an appeal of an Historic Preservation Board decision
to approve the site plan for the Patio Shoppes.
Ms . Dominguez gave a brief explanation regarding the basic
issues that prompted the appeal.
•
-8- 4/14/92
AGENDA ITEM 3
HPB MA,Y 6, 1992
COA 8-181 19 S. Swinton Ave, Gustavo Tames , Owner.
Installation of metal door and window
guards, OSS Historic District.
This is a noncontributing house just south of Andre ' s Market
parking- lot on the east side of S. Swinton Avenue. Several
years ago the HPB approved the installation of a 6 ' wood
fence on the sides and rear of the property. According to
the applicant, the fence has not provided an effective
deterrent to crime. Mr. Tames is requesting approval to
install metal door and window grills on the exterior of the
building. The attached plans indicate both door and
window grilles will have the same decorative motif. All
grilles are to be painted white.
The house has no architectural significance, therefore the
addition of grilles cannot be considered inconsistent to the
style of the house. If grilles are approved, the closed
aluminum awing under the front gable would be removed.
Grills on all openings of the front facade may provide a
more unified appearance to the building than what is
existing.
RECOMMENDATION:
Approve with the following modification:
* That the aluminum on all windows visible from the
street be painted white.
* The aluminum storm awning on the front facade is to be
removed.
* Foundation plantings be installed in front of the
gable.
* A shade tree to be planted in the front yard
* The front yard is to be resodded.
Funding for the three landscape items can be obtained
through the City' s Boot Strap program.
NOTE TO THE BOARD
The HPB can only impose modifications , if the applicant
agrees to the modifications. If the applicant does not agree
you may approve without modification or deny.
The front yard is in need of resodding or installation of
acceptable ground cover and could be cited by code (City
requirement and not HPB) , and you may point this out to the
applicant.
4
/ (---• (--\
APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS
HISTORIC PRESERVATION BOARD
CITY OF DELRAY BEACH, FLORIDA
100 N.W. 1ST AVENUE
DELRAY BEACH, FLORIDA 33444
The Historic Preservation Board meets on the first and
third Wednesday of each month. This application must be filed
15 days prior to the next available meeting.
6-7, ,9 g-- /97
Address of Property /9 �iNr A/ 4v�
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of Delray Beach: The undersigrt�_--__.-.__ _ . Q
the O�ty a rees to observe and enforce atl '
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• DATE .
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CONTRACTOR or OWNER .
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AGENDA ITEM 4
HPB MAY 6, 1992
COA 8-182 Java City Cafe, 44 E. Atlantic Avenue,
Michael McLaughlin or Richard Siegel,
Owners of the Business.
A. Three advertising signs .
B. Installation of awnings over entrance
and window openings .
C. Installation of roll-down shutters to
replace glass in window openings.
D. Approval of site plan for sidewalk
seating.
Item A
The sign staff has not yet reviewed the proposed signs. If
staff recommendation and comments are not received by May
6th the sign portion of the COA will not be heard.
Item B
The awnings are to be dark green canvas with exposed pipe
support and lacing. Purpt-e—neon • a
`^
of—t-he awning treatment. See attached plan. ' "Y\
\
Item C
The applicant proposes to remove the glass from the north
and east windows . The glass will be replaced with
roll-down shutters . Weather permitting, the
shutters will rolled up and out of sight to create the
atmosphere of an open air cafe. Sample of the shutter
material will be available at the meeting. o- \*„ _\>L
Item D
Location of the outdoor seating is indicated on the attached
site plan.
Some time ago I suggested to a representative of the Masonic
Lodge (owners of the building) that the 1960 's faux brick
facade slip cover be removed and replaced with stucco, which
was original to the building. The suggestion was rejected,
not so much for cost but rather they like the brick finish.
When the preliminary plan for Java City came in for
discussion I suggested painting the bricks white. Both the
business owners and the architect rejected the suggestion.
They,too, like the brick finish.
. 1 r (--
APPLICATION FOR A STAFF APPROVED CERTIFICATE OF APPROPRIATENESS
HISTORIC PRESERVATION BOARD
CITY OF DELRAY BEACH, FLORIDA
100 N.W. 1st Avenue
Delray Beach, FL 33444
407-243-7284
G'D/9" - /9Z.
Address of Property 4 • ,,inn.k c� At�
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COA-S
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APR
DELRAY IS INCORPORATED
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Atlantic Ave.looking west--street lined with early autos
- — n September 4, 1911, a meeting was J.S. Sundy was elected Mayor and William
o (called at the Town Hall for the purpose Blackmer, clerk. Five Aldermen, J.W.Acton,T.M.
; ' IF of discussing incorporation. On McRae, J.R. Cason, J.S. Wuepper, and H.J.
Monday,October 9,at 7 PM,57 qualified Wackerman, were also elected.
electors met and voted to incorporate as the Town Blacks were among the 57 qualified electors
of Delray. The votes were cast as follows: who voted to incorporate that day. George H.
Number of votes cast: 57; Green,a black man,came in seventh,out of the ten
In favor of incorporation: 56; men nominated for the positions of Aldermen.
Against incorporation: 0; In 1923,the land east of the Intracoastal canal
Votes abstaining: 1. was incorporated as Delray Beach and in 1927
A two-inch round seal reading "Town of Delray Beach and the Town of Delray merged to
Delray, Incorporated 1911" was selected and form the City of Delray Beach.
nominations were accepted for officers.
. .
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Masonic Building(artist's rendering) 1st Ave.6z Atlantic S.E..Marquee marks post office building.
r
FINDINGS OF FACT
HISTORIC PRESERVATION BOARD MEETING
MAY 6, 1992
COA 8-182 Java City Cafe, 44 E. Atlantic Avenue,
Michael McLaughlin or Richard Siegel,
Owners of the Business .
A. Three advertising signs.
B. Installation of awnings over entrance
and window openings.
C. Installation of roll-down shutters to
replace glass in window openings.
D. Approval of site plan for sidewalk
seating.
Michael McLaughlin and Mark Little, Bright Image Signs were
present at the meeting.
Item A
The advertising signs were approved as follows:
One 3 ' x 3 ' illuminated fixed projecting two sided
cabinet sign mounted on the north side of the northeast
corner of the building. Background is to be white with
no text; logo only.
Two 8 ' x 2 ' non-illuminated wood flat wall signs.
Background Iris Green (Porter Paint #14503-3) with gold
lettering. Signs are to be mounted over the window
openings on the north and east facades . 4-3
Item B
Approved awnings as follows:
Awnings are to be dark green canvas with exposed pipe
support and lacing. See plans for the awning style.
Awnings to be installed on north and east facades and over
the corner entrance. At a later date purple neon lighting
will be installed as part of the awning treatment. 4-3
Item C
Installation of roll down shutters was approved as follows:
The existing glass and guard grids will be removed from
the north and east windows. The glass will be replaced
with white metal roll-down shutters. The box which
contains the mechanism for the shutters, which is
located at the top of the opening, is to be painted
green to match the awnings. 7-0
Finding of Fact
Java City Cafe
Page 2
Item D
Approval of site plan for outdoor seating was approved as
follows :
The seating is to consist of 3 tables and 6 chairs in
front of the north side of the cafe and 2 tables and 4
chairs on the east side. The chairs and tables are to
be placed next to the building to permit a clear 5 '
path for pedestrian travel. 7-0
PLEASE NOTE
This COA was approved contingent to the stipulation that the
applicant provide the City with the following items :
1 . A hold harmless agreement acceptable to the City
Attorney.
2 . Proof of insurance which is acceptable to the
City.
3 . An approved Right-of-Way permit from the City
Engineer.
4 . Signed and notarized approval from the building's
owner for all exterior additions and modifications.
(Agent Authorization Form) .
A Certificate of Appropriateness cannot be granted, or
permits issued, until all the contingency items are in
compliance.
Pat Cayce 0/
May 12, 192
AGENDA ITEM 5
HPB MEETING MAY 6, 1992
Item A Height and design of the front portion, from house
to sidewalk, of a wood fence on the north property
line.
The applicant came for a staff approved COA to install a 7 '
high wood shadow box fence along the north and east property
lines . Fence to be painted white. The portion of the fence
from the north west corner of the house to the alley and
along the south (alley) boundary was approved. For the
portion of the fence from the north west corner of the house
to the sidewalk approval was given to install only the fence
posts .
This house and cottage are located at the entrance to
Banker' s Row. I felt that the section of the fence in
question was too tall and too visible from the street, even
though 7 ' side fences are allowed by code.
Recommendation:
With the applicant's approval modify the COA: Lower the
front section of the side fence to 4 ' . Install a decorative
cap on top of this section. Add decorative finials on the
cap at the fence post locations, or
Allow the 7 ' fence to continue from house to sidewalk.
ACTION:
Board' s discretion
*************************************
Item B Relocation of a previously approved interior yard
lattice fence.
The fence and gate will be installed between main
house and guest house. See attached survey for approved
location and new location.
Recommend approval.
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LEGAL DESCRIPTION:
LOT 12, BLOCK 74,A SUBDIVISION OF BLOCK 74 DELRAY, FLORIDA,
ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK
OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA,
RECORDED IN PLAT BOOK 11 ,PAGE 12.
SUBJECT TO ALL RESTRICTIONS, RESERVATIONS, EASEMENTS AND
RIGHTS-OF-WAY OF RECORD.
PLAT OF SURVEY AND BOUNDARY SURVEY:
PREPARED FOR AND CERTIFIED ONLY TO:
ROBERT SIEGEL & RUTH SIEGEL, HIS WIFE.
FIRST UNION NATIONAL BANK OF FLORIDA.
DELRAY TITLE & ABSTRACT COMPANY.
STEWART TITLE GUARANTY COMPANY.
PROPERTY ADDRESS:
#201 N.E. 1ST. AVENUE, DELRAY BEACH, FLORIDA.
THIS PROPERTY IS LOCATED IN FI.OoD ?ONE " X "
.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MAY 1, 1992, DRAFT STAFF REPORT FOR HPB AND CRA CONSIDERATION
MEETING OF: ??, 1992
AGENDA ITEM: III .A. OSSHAD Text Amendment Review
ITEM BEFORE THE BOARD:
The item before the Planning and Zoning Board is the
consideration of several proposed amendments to the Old
School Square Historic Arts District, and the making of a
recommendation(s) to the city Commission.
BACKGROUND:
The proposed amendments are the result of several meetings of
the Historic Districts Zoning Review Committee, which was
established by the Advanced Planning Division in late October
1991. Representation on the Committee was comprised of citizens
from historic districts and members of the Historic Preservation
Board. The Committee reviewed items suggested by the
participants as well as Planning Department staff.
The recommendations from the Committee include specific
recommendations for amendment of the OSSHAD as well as general
amendments addressing the City's Historic Districts. This
report addresses both. The first section of the staff report
contains an analysis and discussion of the proposed amendments
which are specific to the OSSHAD. The second section addresses
the general recommendations as they relate to the OSSHAD.
The item numbers referenced herein, are also utilized as a key,
to identify the proposed amendments on the relevant code
sections, which are attached hereto.
ANALYSIS:
OSSHAD SPECIFIC RECOMMENDATIONS:
There are five recommendations from the Committee which are
relevant only to the OSSHAD.
1. Limitation of uses in a mixed use zoning district.
During the State's review of Amendment 91-1, the State advised
that mixed use zoning districts should contain a limitation on
the percentage or amount of uses. Such limitations would assure
that no single use or group of uses would eventually dominate
the district.
S
yz
P&Z Staff Report
OSSHAD Text Amendment Review
Page 2
The Committee recommended that the residential component of the
OSSHAD not be less than 25% as expressed by the principal use of
the lots in the District. There are presently 197 ownerships
(including 21 condominium units) within the OSSHAD, 157 (80.7%)
of which are residential. Given the high percentage of
residential use in the District today, it is unlikely that
utilizing individual parcels to determine the percentage or
amount of residential use in the District will be problematic in
the foreseeable future.
2 . Remove the "single purpose" stipulation on retail sales in
permitted use (B) (3) .
Item (B) (3) currently reads:
(3) Retail sales through specialty shops (single purpose
businesses) such as: bath shops, book stores, gift shops,
florists, hobby shops, kitchen shops, boutiques, bicycle
shops.
The removal of the single purpose stipulation represents a
change of the intent of the Historic Preservation Board as
expressed by the Board when the OSSHAD was established. The
establishment of specialty shops was represented at that time as
projecting the image the Board wished to establish in the
District. Given the size of the residential and nonresidential
structures in the district this restriction is not
inappropriate.
A comment which has been made is that the single purpose
stipulation is keeping businesses out of the District. There
has been no specific evidence presented to indicate such. It is
likely that current economic conditions have prevented some
individuals from realizing their wishes or dreams to move into
the OSSHAD District. This situation is not justification for a
change in direction if the Board feels its original intent is
appropriate. To change intent to meet current economic
conditions may, if successful, preclude the establishment of the
types of businesses the City desired when the economy improves.
Will the deletion of the single purpose stipulation adversely
affect the image of the district via an influx of questionable
businesses? It is unlikely that the proposed change will
adversely affect the District. The relevant question is; "What
type of image does the City desire for the district"? Presently
specialty shops are permitted in the District. If the specialty
shop stipulation is removed, then the district would be like any
other commercial area, except that the businesses would be
located in residential and nonresidential structures within an
historic district.
P&Z Staff Report
OSSHAD Text Amendment Review
Page 3
3. Add outdoor dining to permitted use (B) (7) similar to that
allowed in the Central Business District.
(7) Restaurants, e.g. cafe, snack shops, full service
dining, outdoor dining, but excluding drive-ins and
drive-throughs.
The only difference in the restaurant uses allowed in the CBD is
that outdoor dining is specifically stipulated as a permitted
use. The Boards intent was that outdoor cafes, or outdoor
dining areas were included in the stipulation of cafes.
Therefore, the addition of the phrase "outdoor dining" would be
consistent with the Boards initial intent.
Are there any adverse effects from allowing the establishment of
outdoor dining as a permitted use in a district which also
allows single family residences as a permitted use? The
potential exists for negative effects, (light, noise, odors) ,
upon a residence if an outdoor cafe is permitted on the adjacent
property. Given this potential, restrictions on the hours of
operation and/or the provision of an intervening buffering wall
may be appropriate.
It may also be appropriate to categorize the use as a
conditional use in the OSSHAD so that the public hearing process
could be utilized to inform neighbors of proposed outdoor cafes.
In this situation, it may be appropriate to specify a maximum
allowable separation, such as a six foot wall, but permit the
adjacent property owners to determine an appropriate buffer
where existing hedges, walls, or fences exist. It would not be
appropriate to allow a reduced setback as proposed in item #5,
below for an outdoor cafe.
Alternatively, outdoor cafes could be permitted only where the
use did not abut an existing residential use, directly or via
exclusion of an intervening right-of-way (road) .
4 . Remove the stipulation in Accessory Use and Structures
Permitted, item (C) (2) requiring that an owner_, proprietors, or
employee occupy a single family residence which is either
separate or within a structure housing a non-residential use.
(2) a single family residence, either separate or within a
structure housing a non-residential use ttebbi¢lAd OW 016
t0A1A0A00 LA sW14310v1 St 016 00AAti ttAttlAtAtAi At
AVOIS O Of A $401 0AA 0AtOttti$4 06AdiOtOd Sri 016
P&Z Staff Report
OSSHAD Text Amendment Review
Page 4
This item has been discussed several times by the Board. The
issue appears to be whether the presence of an owner guarantees
that a property will be appropriately maintained. Conversely,
does the presence of an absentee owner guarantee that a property
will be poorly maintained. Are there any assurances in either
situation?
The City requires landlords to register their units with the
City. Therefore there is some control over tenant occupied/
absentee owner properties. Both owner and tenant occupied
properties are subject to code enforcement efforts, which
includes the ability of the City to clean up a property and
place a lien for the value of the work on the subject property.
Therefore, there appears to be no clear advantage of one
situation over the other in principal. Is this true in
practice? Experience seems to be that small absentee owner,
tenant occupied properties have a higher propensity for being
poorly maintained.
5 . Amend the interior side yard setbacks in the OSSHAD to 31 '
where there is no need for a fire separation or fire rating.
(amendment to the Development Standards Matrix - Nonresidential
Zoning Districts, p. 4345 of the LDR's)
The current side yard setback in the OSSHAD is 71 ' . This
request represents a decrease of four feet in this requirement.
The smallest interior side yard setback for detached
residential development is 7i ' in the MH (Mobile Home) , PRD
(Planned Residential District) , and the R-1A and R-1AB (Single
Family Residential District) . The smallest interior side yard
setback for detached nonresidential development is 7i ' in the
OSSHAD. Other than the OSSHAD, the next smallest side interior
setback for detached nonresidential development is 10 ' in the
POC (Planned Office Center) ,
The evidence of variance requests within the OSSHAD does not
suggest that there is a problem with the current setback
requirement. There are several structures in the District which
do not meet the current setback requirement. Neither the Board,
nor the City have required the demolition of any sound or
repairable structure, in the District, because it violates the
required minimum setback.
The fire rating for a wall on a home which meets our normal
setbacks is 0 hours, or unrated. At a 0 - 3 foot setback, the
fire rating for the abutting wall is 1 hour with no openings
(windows, doors, ventilation) . Since this requirement only
applies to the wall adjacent to the property line, the cost
differential in walls is not excessive.
P&Z Staff Report
OSSHAD Text Amendment Review
Page 5
Given the evidence, it is not necessary to make this adjustment
based upon need. The Board could determine that the reduction
in the interior side yard setback would encourage development or
redevelopment in the District. If so, then the Board should
support this request.
ent of
Deve amendment andards Matrixccomplished via- Nonresidential Zoning Districts,
Development
on page 4345 of the LDR's.
GENERAL AMENDMENTS:
The parking and fence amendments recommended below will be added
to Section (G) , Supplemental District Regulations of the OSSHAD
District if it is determined that they apply only to the Old
School Square Historic Arts District. If it is determined that
they should be applicable to other historic districts, or be
applied citywide, then the amendment would be made to the
applicable code section (parking or fences) .
PARKING:
6 . Calculate parking requirements for restaurants on the net
service area rather than gross square footage.
Section 4 .6 .9(C) (3) (d) Off-street Parking Regulations
stipulates the parking requirements for restaurants:
(d) Restaurants: Inclusive of drive-ins, drive-thru, snack
shops, night clubs, lounges shall provide 12 spaces per
1,000 square feet of floor area up to 6,000 sq. ft. and
then 15 spaces per 1,000 sq. ft. of floor area over the
initial 6,0000 sq. ft.
Many municipalities assess parking for restaurants based upon
net square footage, or service area. The general definition of
net square footage or service area excludes food preparation and
storage areas, and restrooms. Therefore parking is based upon
the net square footage of actual customer use, and may be
assessed by the number of seats in the restaurant, and/or stools
in the bar, and/or the floor area of a stand-up service area
such as in a bar or on a deck. It is very expensive to change
preparation areas to customer service area. Generally, a
restaurant will attempt to add service area through building
expansion rather than conversion of existing service area.
It is recommended by staff that the parking requirement for
restaurants within the OSSHAD and CBD Zoning Districts be
amended to apply to the net customer service area rather than
gross square footage, but that the number of spaces per thousand
square feet remain as presently stipulated. The net effect of
P&Z Staff Report
OSSHAD Text Amendment Review
Page 6
•
this amendment would be to not assess parking for food
preparation and storage areas, but rather for true customer
service area. This amendment would be accommodated via the
addition of the new parking requirement as a supplemental
district regulation in the OSSHAD and the CBD District.
7 . Allow credit for on-street parking adjacent to a use in an
historic district. Supplement with adoption of a standard
street cross section which includes on-street parking.
The issue here is to determine if credit should be given for
adjacent on-street parking. If so, then the question of a
standard cross section for streets with on-street parking will
be addressed by the Traffic Engineer. Credit for on-street
parking, where it is present, should not replace or preclude the
provision of on-site parking where it can be reasonably provided
and not jeopardize the integrity of a given sites, historic
significance or nature. Adjacent on-street parking is
conveniently located to the use, is not allocated to the use and
may be used by others with business in the general area,
therefore encouraging pedestrian activity.
The Historic Preservation Board currently has the authority to
grant variances for off-street parking regulations, however they
do not have the authority to grant a credit for on-street
parking where it may exist.
To accommodate this proposal, a new supplemental district
regulation would be added to Section (G) of the OSSHAD zoning
district, worded as follows:
Paved on-street parking, adjacent and fully contiguous to a
use in the OSSHAD, may be credited to the adjacent use,
provided that the subject spaces are not identified as
being specifically associated with the adjacent use, and
subject to the approval of the City Engineer.
FENCES
The first two items pertain to fence type in the OSSHAD. There
are no restrictions on fence types in the code, except barbed
wire, which is not relevant to these deliberations.
It is unlikely that the changes in fence requirements
recommended below will have an effect upon crime, although the
perceived privacy of the homeowner or resident may be reduced.
It may be that the recommended changes would result in increased
property values, since they encourage imagination and style in
fencing and an openness which may be hard to maintain with the
current fence regulations.
P&Z Staff Report
OSSHAD Text Amendment Review
Page 7
8 . Chain link fences in front yard and side front yards (front
of house forward to the street/sidewalk) should not be allowed
(should be prohibited) .
This is primarily a question of style and aesthetics. There are
no apparent, overriding substantial negative or positive effects
of such a restriction.
The only affect of the restriction of the type of barriers
allowed is that some individuals perceive that chain link fences
are more appropriate than wooden picket fences in containing
pets. This is generally not true, in that a wooden fence can be
built with a spacing appropriate to containing said pets, and
pets have been known to dig under chain link fences. The only
problem is that a wooden fence is less durable to the teeth and
claws of a dog than is chain link. This situation could be
overcome by appropriate training, the use of a wall instead of a
wooden fence, or the placement of chain link adjacent to the
interior of the wooden fence.
Thus, if the Board supports this restriction, the provision that
chain link may be used adjacent to the interior of a wooden
fence, for the containment of pets, may be considered.
9 . Fences linking the front of a house to a side yard fence may
be chain link but must be screened with plants or a decorative
wooden facade. Gates associated therewith may be chain, but
must also be screened via a wooden facade.
As with the issue above, this is primarily a question of style
and aesthetics. There are no apparent, overriding substantial
negative or positive effects of such a restriction.
10. The maximum fence/wall height for front and front side yard
solid fences with a level/horizontal top shall be four (4) feet.
This and the next item pertain to fence height in the OSSHAD.
The provisions of Section 4 .6 .5(C) of the Land Development
Regulations governs wall, fence and hedge height.
•
Section 4 .6 .5 Walls, Fences, and Hedges, reads:
(C) Height Restrictions: Any wall, fence, or hedge
located in a required front yard shall not exceed six feet
(6 ' ) in height. Any wall, fence, or hedge located in a
required interior side or rear yard shall not exceed eight
feet (8' ) in height. . . .
P&Z Staff Report
OSSHAD Text Amendment Review
Page 8
As with the issue above, this is primarily a question of style
and aesthetics . There are no apparent, overriding substantial
negative or positive effects of such a restriction.
This proposal represents a two foot decrease in the maximum
allowable fence height in the front and front side yards. The
Committee felt that the purpose of establishing an historic
district presumes that those driving and walking the streets in
said district should be able to share in the experience via
observing the architecture of the structures therein. If a
predominance of the properties were to build six foot fences or
walls, the the resources within the district would effectively
become invisible and the very character which established the
district would cease to exist.
11. The maximum fence/wall height for a front or front side
yard with a non-level/non-horizontal top (ie. a fence with
undulations or other vertical relief) shall be six (6) feet but
ma not exceed an maximum average of five (5) feet in height.
Gates and wall elements associated therewith, including
architectural framing within two (2) feet of said gate, are
excluded from the maximum hei ht limit and calculations for
average fence height.
This proposal expands upon those in items 3, 4 and 5 above in
that it encourages, or gives an incentive for, the use of
imagination in the construction of fences and walls in the
District. In discussing these items with the Chief Building
Official, Mr. Jerry Sanzone, it was suggested that the average
height should be equal to the maximum height so that the
implementation of the restrictions is equitable to both
situations . Staff concurs with this recommendation. Therefore,
it would be advisable to either increase the maximum height to
five (5) feet or reduce the average height to four (4) feet.
Another recommendation from Mr. Sanzone is that the height of
the gate and wall elements referenced in this proposal not be
considered in the calculations of the average fence/wall height.
Staff concurs with this recommendation and has incorporated same
into the amendment language proposed.
BANKER'S ROW MASTER PLAN:
In addition to the work of the Historic Districts Zoning
Committee, the development and approval of the Banker's Row
Master Plan necessitates amendments to the Old School Square
Historic Arts Zoning District. The amendments to the OSSHAD,
comprise referencing the Banker's Row Master Plan, design
guidelines, and site plan as supplemental development and
district regulations for the area affected by the Banker's Row
P&Z Staff Report
OSSHAD Text Amendment Review
Page 9
Master Plan. These changes are accommodated via amendment of
Section 4 .4 .24 by the addition of the following statements to
the noted subsections:
(F) (2) Banker's Row, wherein the Banker's Row
Master Develo ment Plan, the development guidelineSplofn the
fhe
Banker's Row Master Plan, and the approved
Banker's Row shall apply. (Item 12 in attached draft OSSHAD)
(G) (2) Banker's Row, wherein the Banker's Row
Master Development Plan, the development guidelines of the
Banker's Row Master Plan(Item and the a roved site lan 13 in attached draft OSSHAD) for
Banker's Row shall apply.
SUPPLEMENTAL STAFF AMENDMENT ITEMS:
The Current Planning Division staff met in early April and made
the following recommendations pertaining to the items noted.
These recommendations have been incorporated into the draft
OSSHAD attached hereto.
A. Fence restrictions (Items 8 - 11, above) should be expanded
to apply to street side yards in addition to front yards.
B. The fence height regulations (Item 11) should be reworded
to provide that design elements may exceed the 4 ' maximum
height to a maximum height of 6 ' provided such element does
not comprise more than 40% of the length of the fence
affected by the design element.
As initially proposed above, item #11 results in a maximum
fence height of 5' because of the averaging of fence
height.
C. Where a proposed outdoor dining area (Item 3, above) would
abut a residential use either directly or via an
intervening right-of-way, such use should be a conditional
use. (Item 15 in attached draft OSSHAD)
D. The perimeter landscaping requirement, Section
4.6 . 16(H) (3) (e) , should not apply to the OSSHAD district
because the planting of the number of trees required
defeats the historic residential character of the District.
(Item 14 in attached draft OSSHAD) This Section reads:
(8) Where any commercial or industrial areas abut a
residential zoning district or properties in
residential use, in addition to requirements
established for district boundary line separators in
the zoning code, one (1) tree shall be planted for
every twenty-five (25) feet to form a solid tree line.
P&Z Staff Report
OSSHAD Text Amendment Review
Page 10
Note: The district boundary line separator (Sec. 4.6.4)
requirements do not apply within the OSSHAD as OSSHAD is a
mixed use district allowing different uses to coexist
without intervening zoning lines.
CONSIDERATION BY THE COMMUNITY REDEVELOPMENT AGENCY:
At their meeting of April 2, 1992, the CRA reviewed a draft of
the amendments proposed by the Historic Districts Zoning Review
Committee and made the following recommendations:
That if an outdoor dining area abuts a residential use, the
dining area should be a conditional use, and
The parking ratio of 12/1,000 should still apply to the net
square footage, thereby reducing the overall parking
requirement.
The CRA objected to the proposed reduction of the interior side
yard setback (Item #5) to 3.5 feet. The CRA recommended that
the code be written such that additions to structures with
existing nonconforming setbacks be allowed to violate the
setback, consistent with the existing nonconformity, but not
less than 3.5 feet. New structures, however, must comply with
the existing setbacks.
The CRA took no position on Items 10 and 11 (fence height) as
these are aesthetic issues best left to the Historic Preservation
Board. Except for these recommendations and objection, the CRA
recommended approval of the proposed amendments.
RECOMMENDED ACTIONS:
By motion, approve the amendments recommended herein.
Attachments:
Report prepared by:
Reviewed by DJK on: ITEM BEFORE THE BOARD:
C:\data\dw4v2\OSSHADAM.DOC 5/5/92
Section 4 .4 .24 Old School Square Historic Arts District
(HAD)
(A) Purpose and Intent: The Old School Square Historic
Arts District (OSSHAD) is a mixed use district which is intended
to:
* Provide for mixed uses of residential, office, and
arts related commercial activities that will
encourage the restoration or preservation of
historic structures and maintain the historic and
pedestrian scale of the Old School Square Historic
District;
* Stimulate greater awareness and pride in the
City's architectural heritage, and create an
atmosphere and feeling of "Old Delray Beach";
* Improve the environmental quality and overall
liveability of this Historic District and
stabilize and improve property value therein, and;
* Allow uses which promote preservation.
(B) Principal Use and Structures : The following types of
use are allowed within the OSSHAD as a permitted use:
( 1) Residential uses of single family detached
dwellings and duplexes, not to be less than 25% of the uses in the
1 District as expressed as a percentage of the total parcels within
the District.
(2) Business, Professional, and Governmental Offices.
(3) Retail sales 0110110 gt0¢1z(XItt (oXt to
tuittseo $xtirioit1 such as: bath shops, book stores, gift shops,
2 florists, hobby shops, kitchen shops, boutiques, bicycle shops.
(4) The preparation of specialty gourmet foods and
their sale either through catering or direct sales e.g. , a cafe.
(5) Arts related businesses such as craft shops,
galleries, and studios within which is conducted the preparation
of, display of, and/or sale of art products such as antiques,
collectibles, custom apparel, jewelry, paintings, photography,
picture framing, pottery, sculpture, stained glass .
(6) Educational facilities including training,
vocational, or craft schools, colleges, seminaries, universities,
arts and personal development institutions; and libraries,
museums, and social and philanthropic institutions.
1
(7 ) Restaurants, e.g. cafe, snack shops, full service
dining, outdoor dining where not adjacent to a residential use,
3 but excluding drive-ins and drive-throughs .
(8) Providing of personal services such as barbershops,
beauty shops, salons, cosmetologists .
(9) Bed and Breakfast Inns
(10) Within the following described areas, the uses
allowed as permitted uses in Section 4 .4 . 18(B) pursuant to the
base district and special provisions of the Central Business
District regulations shall also be allowed in the OSSHAD:
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(c) Lots 1- 7, Block 69
(d) Lots 7- 8, Block 75
(e) Lots 1- 6, Block 76
(C) Accessory Use and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal
use:
( 1) Uses and structures normally associated with
residences such as : bird aviaries, dog houses and dog runs,
garages, greenhouses, guest cottages, playhouses, pool houses and
covers/enclosures, pump houses, slat houses, storage sheds,
workshops, swimming pools, and home occupations.
(2) a single family residence, either separate or
within a structure housing a non-residential use �td)b4A0A 01At
4 tx0 tOOfd0A¢0 10 00011pi0¢1 tit 010 QOAOti ttOttf0tOti st oillguy44
$;E A )5iiigiii000 071tOt5tf00 0071¢140t0d $ii th0 ttOtOtti.
(3) Family Day Care
(4) Parking lots and refuse storage areas.
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses within the OSSHAD:
(1) Residential units within a structure containing
permitted nonresidential use(s) provided that the residential use
does not exceed 50% of the gross floor area of the structure
within which they are located.
(2) Adult congregate living facilities, Alcohol and
Drug Abuse treatment facilities, Child Care, Adult Day Care,
Continuing Care, Convalescent Homes, and Nursing Homes.
(3) Parking lots not associated with a use.
•
(4 ) Outdoor dining where adjacent to a residential use,
1 5 including those separated by an intervening
right-of-way.
(E) Review and Approval Process :
( 1) All principal uses and accessory uses thereto,
which do not require a permit for external modifications shall be
allowed upon application to, and approval by, the Chief Building
Official.
(2) Structures which require a building permit for
external work must receive approval from the Historic
Preservation Board through the issuance of a Certificate of
Appropriateness .
(3) For new development, approval must be granted from
the Historic Preservation Board pursuant to Sections 2 .4 .5 (E) ,
(G) , and (H) .
(4) Conditional uses must be approved pursuant to
Section 2 .4 .5(F) . Prior to action by the Planning and Zoning
Board, the use request must be reviewed by the Historic
Preservation Board with a recommendation forwarded by them.
(F) Development Standards : The development standards as
set forth in Section 4 .3.4 apply, except for:
( 1) Those areas identified in Subsection (B) (10) which
shall be subject to the standards of the CBD Zone District, and
(2) Banker's Row, wherein the Banker's Row Master
Development Plan, the development guidelines of the Banker's Row
12 Master Plan, and the approved site plan for Banker' s Row shall
apply.
(G) Supplemental District Regulations: Supplemental
district regulations as set forth in Article 4 .6, except as
modified herein, apply:
( 1) Business and professional offices shall provide
one parking space per 300 sq. ft. of total floor area. This
requirement may be reduced to one parking space per 400 sq. ft. of
total floor area, or by at least one space, where there is a mix
of residential and office use in the same structure.
(2) All parking, except for single family homes and
duplexes, shall be located in the side or rear yard or adjacent
to a rear alley. No such parking shall be located in the area
between any street and the building or structure. Where there
are existing buildings or structures, however, the Historic
Preservation Board may waive this requirement during the site plan
review process, provided that it is determined that compliance
3
is not feasible and that the residential character of the area
will be maintained. If approved, such parking shall be
substantially screened from off-premises view by a hedge, at
least, four feet in height.
(3) Within the area designated by Subsection (B) ( 10) ,
the above exceptions shall not apply.
(4) Within the OSSHAD, the following fence regulations
shall take precedent over those specified in Section 4 . 6 .5. :
a. Chain link fences are not allowed in front,
8 side front yards ( front of house forward to
the street/sidewalk) or street side yards
b. Chain link fences connecting the front of a
9 house to a side yard fence must be screened
with plants or a decorative wooden facade.
Chain link gates associated therewith shall
be screened with a wooden facade.
c. The maximum height for a fence or wall in the
1 0 front, front side yard or street side yard,
with a level/horizontal top shall be four (4)
feet.
d. Fence or wall design elements may exceed the
1 1 4 ' maximum fence height to a maximum height of
6 feet provided such elements do not comprise
more than 40% of the length of the fence
length affected by the design element.
(5) Banker's Row, wherein the Banker's Row Master
Development Plan, the development 'guidelines of the Banker's Row
13 Master Plan, and the approved site plan for Banker's Row shall
apply.
(6) The parking requirement for restaurants permitted
within the OSSHAD District shall be twelve (12) spaces per 1,000
square feet of net service area up to 6,000 sq. ft. and then 15
6 spaces per 1,000 sq. ft. of floor area over the initial 6,000
square feet. Net service area excludes interior food preparation,
storage, maintenance, and cleanup (dishwashing) areas.
(7) Paved on-street parking, which is adjacent and
7 fully contiguous to a use in the OSSHAD, may be credited to the
adjacent use, provided that the subject parking space{s) are not
identified as being specifically associated with the adjacent use,
and subject to the approval of the City Engineer.
(8) The perimeter landscape requirements of Section
1 4 4 .6 . 16(H) (3) (e) shall not apply within the OSSHAD district.
T:OSSHAD.doc
4
AGENDA ITEMS'
HPB MEETING MAY 6, 1992
Discussion regarding the expansion of the the Old
School Square Historic District.
The areas in question are; the east side of S.W. 1st Avenue
and the west side of S.E. 1st Avenue from Atlantic Avenue to
S.W and S.E. 2nd Street. This is an initial discussion.
Additional information will be available at the meeting.
NOTES FROM THE MEETING
OF
WEDNESDAY, APRIL 15, 1992
OLD SCHOOL SQUARE COMMUNITY ROOM
SUBJECT
Discussion regarding a proposed bus tour of Delray Beach
sponsored by the National Trust for Historic Preservation,
Saturday, October 10, 1992 .
PRESENT AT THE MEETING
Frances Bourque, Old School Square
Pat Healy-Golembe, Historic Preservation Board
Dottie Patterson, Historical Society
John Johnson, Historic Palm Beach County Preservation Board
Chris Brown, Community Redevelopment Agency
Linda Fleetwood, Community Redevelopment Agency
Pat Cayce, City of Delray Beach
BACKGROUND
The National Trust for Historic Preservation will hold its
annual meeting in Miami on October 7-11, 1992. The theme of
this year' s conference is "MULTI-CULTURALISM" . Because of
Delray's unique cultural mix, Frances Bourque submitted a
preliminary proposal to the Trust requesting that Delray be
included on one of its official "area" bus tours. The
proposal was accepted and the Trust allows several weeks for
a community to formalize the tour agreement. The bus tour
would be scheduled for Saturday, October 10, 1992. The
Trust anticipates 40 participants would take the tour and
the length of time spent in Delray would be 2 hours,
arriving at 2:00 PM and departing at 4 :00 PM.
PURPOSE OF THE MEETING
The purpose of this meeting was to determine if those
present felt that a tour of such short duration could
accurately present the City's historic resources and
cultural diversity. Though it is indeed an honor to be
included in the Trust's program, would the time spent in
organization produce the hoped for exposure of our
Community' s multi-cultural heritage? If the committee
agrees that Delray should accept the invitation and proceed
with the tour, what should be presented and how?
SUMMARY
Rather than plan a two hour visit to benefit only the
participants of the Trust's tour, John Johnson suggested
•
Page 2
that the community acknowledge its own multi-cultural
heritage with a series of planned events during the month of
October. The Trust' s tour would then become a part of the
month' s celebration. This suggestion was enthusiastically
endorsed as it would provide an excellent opportunity to
showcase the success of our historic preservation effort and
our cultural heritage. The theme, "A Community Responds to
Its Heritage and Cultural Diversity", or some variation of
the wording, was suggested.
It was agreed that the event be co-chaired. Clay Wideman
and Michael Weiner were suggested as co-chairman, Chris
Brown will contact them. It was felt that each cultural
group should have a sub-chairman to select and organize
activities .
The "Multi-Culture" of Delray is comprised of:
Early Settlers
1895 -1920
Blacks from the southern states
Whites from the mid-west
Seminole Indians
Bahamians
Japanese
1920 - 1990
Jewish
Winter visitors from US and abroad (influence of tourism)
Jamaicans
Haitians
Suggested events and activities for the October celebration:
Old School Square
1913 Building: Special exhibits and events, activities on
the lawn.
Gym: Concerts, singers, speakers
1926 Building: Information about the future theatre,
including suggestions from the public
regarding types of productions to be
scheduled.
Cason Cottage
Special exhibit, activities on the lawn
Peach Umbrella
Scheduled to be completed by October, visit shops and
ethnic restaurants
Page 3
Banker's Row
Landscaping and parking lot will be completed by October.
The rehabilitation of this block demonstrates what can be
accomplished when public and private interests pool their
efforts
Pineapple Grove Way
Landscaping and sculptures will be in place. Street
entertainers, music
St. Matthew Episcopal Church ( 1926)
Affordable Housing
Tours and explanation
Black Heritage Trail
Visit to points of interest in Delray
Historic Five Site Marker
Walking tours in Historic Districts
Old School Square
Del-Ida Park
Marina District
Haitian Singers
Mount Olive Baptist Church Choir
Performances by local dance groups
Japanese exhibit from the Morikami Museum
Suggested itinerary for National Trust bus tour:
Old School Square
Cason Cottage
Peach Umbrella
Banker's Row
Affordable Housing
Pineapple Way
Five Site Marker
Sundy House (refreshments)
Make plans for a speaker(s) to be on the bus from Miami to
Delray and return
General suggestions:
Develop a poster competition for the celebration.
Design a graph depicting our cultural diversity.
r
Page 4
Gain the support of the City Commission and present
preliminary plans as soon as possible.
Solicit corporate sponsors.
Invite a student(s) intern from FAU's Public History program
to assist the CRA staff. Contact Sandy Norman or Don Curl,
FAU.
People to be invited to future meetings:
Clay Wideman
Michael Weiner
Nancy Earnhart
Spencer Pompey
Sandy Simon
Press : Representatives of the Post; News; Sentinel: at a
later date Miami Herald
THE NEXT MEETING WILL BE HELD ON WEDNESDAY, MAY 6, 1992 AT
4 :00 PM IN THE COMMUNITY ROOM AT OLD SCHOOL SQUARE, 1913
BUILDING.
Please make comments and additional suggestions and bring
these notes to the May 6th meeting.
Pat Cayce
April 22, 1992
NATIONAL PRESERVATION :WEEK
MAY 10-16, 1992
NAME THE BUILDING CONTEST
SPONSORED BY: HISTORIC PALM BEACH COUNTY
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1st Prize:$50.00 cash and$50.00 Gift Certificate,Office Depot 2nd Prize:$25.00 Gift Certificate,liberties Bookstore,Mimer Park
3rd Prize:Family Membership,foxahatchee Museum,Jupiter 4th Prize:Palm Beach County by Dr.Donald Curl
Name Phone
Address
State Zip •
City
1. 2. 3
4 5 d` •
7. 8. 9
10. 11. 12
Fill in the name of the historic building and mail to:Historic Palm Beach County,P.O.Box 1494,Boca Raton,Florida 33429.
Contest Rules:1.No purchase necessary.2.Entrants must be age 18 or older.3.Original entry blank required.No copies or facsimiles wll be accepted.4.Only one entry per
personaccepted.5.Empioyeesofcontestsponsorsandtheir«spectiveagerxaesandrelatedconantdorsarenoteligtbktoeater.6.WinnesswllbedtoeeabyrandomdaWingon '
May 29,1992 and will be notified by phone. 7.Judges decision wll be final.
P?!!! !!?
THE LOXAHATCHEE HISTORICAL SOCIETY AND MUSEUM
805 North U.S. Highway One
Jupiter, Florida 33477
407-747-6639
PRESS RELEASE
"Alligators: Dragons in Paradise,'
Tuesday, May 5, 1992 - Sunday, July 19, 1992
The Loxahatchee Historical Society and Museum announces
the forthcoming temporary exhibit from the Museum of Florida
History Traveling Exhibits Program, Tallahassee. The exhibit is
a potpourri of fact and fancy which explores man' s enduring
fascination with the alligator and its symbolic and sociological
role in Florida history. It is a multi-faceted exhibit which
includes artifacts such as alligator bags, shoes, and purses;
reproductions of the skulls of an alligator and a crocodile; and
a variety of other alligator souvenirs and memorabilia. A
simulated nest, complete with eggs and an alligator growth chart
trace the development of an alligator from birth to maturity.
HOURS OF OPERATION:
Tuesday - Friday 10: 00 AM - 4: 00 PM
Saturday 1: 00 PM - 4 : 00 PM
Sunday 1: 00 PM - 4: 00 PM
Monday CLOSED
FOR MORE INFORMATION CALL THE MUSEUM AT
407-747-6639
NOTICE OF CANCELLATION
THE HISTORIC PRESERVATION BOARD MEETING SCHEDULED FOR
WEDNESDAY MAY 20, 1992 AT 6 :00 PM IN THE FIRST FLOOR
CONFERENCE ROOM HAS BEEN CANCELLED.
The next meeting of the Historic Preservation Board will be
held on Wednesday June 3, 1992 at 6 :00 PM in the First Floor
Conference Room.
.f
Patricia Cayce i'
Historic Preservation Planner
AGENDA
HISTORIC PRESERVATION BOARD MEETING
WEDNESDAY, MAY 20, 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 . COA 8-176 334 N.E. 1st Avenue, Tony Keller, Owner.
New construction of a two car garage with
an apartment above. Old School Square
Historic District.
3. COA 8-139C Old School Square Cultural Arts Center,
51 N. Swinton Avenue, Joe Gillie, Director.
Donor identification signs for the Old
School Square buildings.
4 . Reports from Historic Districts.
5. Unfinished Business.
6 . New Business.
7 . Approval of the May 6, 1992 meeting.
8. Adjournment.