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HPB 08-05-1992 S 11 AGENDA HISTORIC PRESERVATION BOARD MEETING WEDNESDAY, AUGUST 5, 1992 6 : 00 PM FIRST FLOOR CONFERENCE ROOM, CITY HALL Please be advised that if a person decides to appeal any decision made by the Historic Preservation Board with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Pursuant to F.S.286 .0105. 1. Roll Call 2 . PUBLIC HEARING: Request for Variance NO. 88-26 John W. Castle, authorized agent for Harold Kurlan, owner of the Nassau Pointe project. The property is located on the southwest corner of South Ocean Boulevard and Nassau Street. The applicant is requesting relief from Section 4 .6 . 15(G) of the Land Development Regulations to allow swimming pool spas to encroach on the side interior setbacks of lots 1,2,3 and 4 of the Nassau Pointe Plat. 3 . COA 8-170B 822 E. Atlantic Avenue, Boyd Building. Presented by Jack DeNiro, owner of the business, or a representative of Delray Awning, authorized agent. Advertising signs to be painted on previously approved plain dark green canvas window awnings. 4 . Fontaine Fox Historic Site, 610 N. Ocean Boulevard. David Martin, Architect. Consider an amendment to Ordinance No. 70-89 to allow an additional 800 square feet of gross floor area to a proposed dwelling on the beach lot east of AIA. This is a discussion item to evaluate what effect, if any, the amendment would have on the designated historic site. S if AGENDA HISTORIC PRESERVATION BOARD MEETING WEDNESDAY, AUGUST 5, 1992 6 :00 PM FIRST FLOOR CONFERENCE ROOM, CITY HALL Please be advised that if a person decides to appeal any decision made by the Historic Preservation Board with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Pursuant to F.S.286 .0105. 1. Roll Call 2 . PUBLIC HEARING: Request for Variance NO. 88-26 John W. Castle, authorized agent for Harold Kurlan, owner of the Nassau Pointe project. The property is located on the southwest corner of South Ocean Boulevard and Nassau Street. The applicant is requesting relief from Section 4 .6 . 15(G) of the Land Development Regulations to allow swimming pool spas to encroach on the side interior setbacks of lots 1,2,3 and 4 of the Nassau Pointe Plat. 3. COA 8-170B 822 E. Atlantic Avenue, Boyd Building. Presented by Jack DeNiro, owner of the business, or a representative of Delray Awning, authorized agent. Advertising signs to be painted on previously approved plain dark green canvas window awnings. 4 . Fontaine Fox Historic Site, 610 N. Ocean Boulevard. David Martin, Architect. Consider an amendment to Ordinance No. 70-89 to allow an additional 800 square feet of gross floor area to a proposed dwelling on the beach lot east of AIA. This is a discussion item to evaluate what effect, if any, the amendment would have on the designated historic site. f HPB Agenda August 5, 1992 Page 2 5 . Consider a proposal from Charles Toth, Architect, to place the house and property located at 622 N. Ocean Boulevard on the Local Register of Historic Places. 6 . Reports from Historic Districts 7 . Unfinished Business 8 New Business 9 . Approval of the minutes of July 1, 1992 10. Adjournment MINUTES OF THE HISTORIC PRESERVATION BOARD PUBLIC HEARING WEDNESDAY, AUGUST 5, 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 Absent 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 Susan Ruby, City Attorney's Office 2 . Variance No. 88-26 : Nassau Pointe; Southwest corner of S. Ocean Boulevard and Nassau Street; John W. Castle, Authorized Agent for Harold Kurlan, Owner. The Board approved the applicant's request for relief from Section 4 . 6 . 15(G) of the Land Development Regulations to allow swimming pool spas to encroach on the side interior setbacks of Lots 1, 2, 3 and 4 of the Nassau Pointe Plat. Daniel Carter moved for approval of Variance No. 88-26, seconded by Wayne Campbell. 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. 3. COA 8-170B: Boyd Building; 822 E. Atlantic Avenue; Jack Deniro, Authorized Agent. The Board approved COA 8-170B as presented, two advertising signs; J C DeNiro Real Estate, Inc. and Linda DeNiro & Co, to be painted in white on previously approved plain green canvas window awnings. The signs are to be painted on the 12" awning valance and the letters are not to exceed 9" in height. Sandy Jamison moved for approval of COA 8-170B, seconded by Christine Bull. 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 . The Board voted by separate motion: to remove all five existing wooden wall signs; repair any damage caused by the removal of the signs; and specified that any of the remaining vacant store fronts have awning signs only. Daniel Carter moved for approval of COA 8-170B, seconded by Sandy Jamison. The vote was as follows: Christine Bull - Yes; Wayne Campbell - No; Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller - Yes; Rose Sloan - Yes. Said motion passed 5-1. 4 . Fontaine Fox Historic Site: 610 N. Ocean Boulevard; David Martin, Architect. The Board heard a presentation by David Martin, detailing the proposal to add to the gross total square feet of the residence which is now under construction. The Board did not feel that the increase in gross square feet would have a negative effect on the historic house and cottages on the lot to the west of A-1-A. It was recommended that the owner proceed with the request for a Public Hearing which the Board will hold in order to gain input from property owners within a 500 ' radius. After the Public Hearing the Board will make its formal recommendation to the City Commission regarding the amendment to the ordinance. 5 . 622 N. Ocean Boulevard: Consider a proposal from Charles Toth, Architect, to place the house and property located at 622 N. Ocean Boulevard on the Local Register of Historic Places. This consideration was withdrawn per the applicant's request. - 2 - 8/5/92 6 . REPORTS FROM HISTORIC DISTRICTS : None 7 . UNFINISHED BUSINESS: None 8 . NEW BUSINESS : None 9 . APPROVAL OF MINUTES : July 1, 1992 Meeting Christine Bull requested that under Item 3, COA 8-185, Paragraph 3 the word Contract be changed to Contact. Sandy Jamison moved for approval of the minutes for the July 1, 1992 meeting, seconded by Wayne Campbell . 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 . 10 . ADJOURNMENT: Wayne Campbell moved for adjournment at 7 : 15 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; Rose Sloan - Yes . Said motion passed 6-0 . The next meeting is scheduled for August 19, 1992 The undersigned is the Secretary of the Historic Preservation Board and the information provided herein is the Minutes of the meeting of said body for August 5, 1992 , which were formally adopted and approved by the Board on August 19 , 1992 . 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 . - 3 - 8/5/92 FINDINGS OF FACT HISTORIC PRESERVATION BOARD MEETING AUGUST 5, 1992 FIRST FLOOR CONFERENCE ROOM, CITY HALL AGENDA ITEM 2 PUBLIC HEARING: Request for Variance NO. 88-26 John W. Castle, authorized agent for Harold Kurlan, owner of the Nassau Pointe project. The property is located on the southwest corner of South Ocean Boulevard and Nassau Street. The applicant is requesting relief from Section 4 . 6 . 15(G) of the Land Development Regulations to allow swimming pool spas to encroach on the side interior setbacks of lots 1,2,3 and 4 of the Nassau Pointe Plat. The Chairman, Rose Sloan, opened the Public Hearing and read the applicant's letter of justification for requesting the variance. The applicant, John Castle, presented the site plan and answered questions from members of the Board. Two property owners from the Windemere Condominium, 350 S. Ocean Boulevard, which is adjacent to the the Nassau Pointe project, spoke in favor of granting the variance; Mr. Michael Goldrick, President of the condominium association and Mr. Robert A. Cunningham, an apartment owner. There were no comments in opposition to the variance. A letter, which is attached, from Mr. T. N. Murphy, the owner of 1127 Nassau St, was read into the record. After deliberation, the Board found that the variance request met the criteria of (a) , (b) , (c) and (d) of Section 4 .5 . 1(J)1( 1) of the Land Development Regulations, and voted to grant the variance. of-0. MEMORANDUM DATE: JULY 14, 1992 TO: HISTORIC PI SERVATION BOARD �/ FROM: PAT CAYCE, HISTORIC PRESERV N PLANNER THRU: DIANE DOMINGUEZ, PLANNER III V RE: VARIANCE REQUEST 88-26, NASSAU POINT P O T. PUBLIC HEARING TO BE HELD AT THE AUGUST 5, 19 2 MEETING. ITEM BEFORE THE BOARD This variance request is for relief from the ten foot (10 ' ) side interior setback requirement to allow the construction of four (4) spas as additions to four (4) previously approved swimming pools. BACKGROUND The Nassau Point project is being constructed at the southwest corner of Nassau Street and South Ocean Boulevard. The project consists of two buildings. Each building contains two three-story townhomes which are situated on individually platted lots, for a total of four lots and four homes . The Historic Preservation Board approved the original COA in August, 1988. On August 19, 1990 the Board approved modifications to the COA which consisted of a change in location of the swimming pool steps and a design alteration to the landscape planters in the motor court. The developer is now proposing to add a 6 ' x 5 ' Jacuzzi spa to each swimming pool. The swimming pools will remain in their approved locations . The spas will be additions to the pools and located according to the attached plans . ANALYSIS This is a non-impacting site plan modification which, because of infringement of the setback regulation, requires a variance. Section 4 .6 . 15(G) of the Land Development Regulations states that swimming pools and spas may extend into the setback area but no closer than ten feet to any rear or side property line. A description of the proposed extensions are as follows: Variance Request 88-26 Page 2 Lot 1 is located on the northeast corner of the plat. The spa is located at the south end of the swimming pool. The south wall of the spa extends 5.5 ' into the 10 ' setback and is 4 .5 ' from the side interior property line to the south. Lot 2 is located on the southeast corner of the plat. The spa is located at the north end of the swimming pool. The north wall of the spa extends .5 ' into the 10 ' setback and is 9 .5 ' from the side interior property line to the north. Lot 3 is located on the northwest corner of the plat. The spa is located at the south end of the swimming pool. The south wall of the spa extends 5 .5 ' into the 10 ' setback and is 4 .5 ' from the side interior property line to the south. Lot 4 is located on the southwest corner of the plat. The spa is located at the north end of the swimming pool. The north wall of the spa extends .5 ' into the 10 ' setback and is 9 .5 ' from the side interior property line to the north. A 6 ' high masonry wall is located on the side interior property lines to separate the lots and give privacy to the pool areas. The swimming pools and spas are not visible from the street. VARIANCES PREVIOUSLY GRANTED FOR NASSAU POINTE On April 21, 1989 the HPB granted nine variances to Nassau Pointe which included; setback relief for second and third story balconies, a reduction of parking spaces from 10 spaces to 8, and a reduction in swimming pool setback requirements on the east side of the plat (S. Ocean Boulevard) from 15 ' to 10 ' . The property, located in the RM zoning district, was of sufficient size to accommodate 6 dwelling units . The developer agreed to reduce the number of units to 4 if variances could be obtained to ensure his ability to build more expensive homes which would compensate him economically for the 2 units he was forfeiting. The purpose of granting these variances was to ensure a quality townhouse development, of 4 units as opposed to 6, in which the design elements would be compatible in the Nassau Park Historic District. Variance Request 88-26 Page 3 FINDINGS TO BE CONSIDERED BEFORE GRANTING A VARIANCE In acting on variance requests the HPB shall be guided by paragraphs (a) , (b) , (c) , and (d) of Section 4 .5 . 1 (J) of the LDR's, which is attached. This variance request literally satisfies only one criteria, paragraph (a) , of S 4 .5. 1(J) . Granting this request will not have a negative impact on the project or the Nassau Historic District. The spas will not be visible from outside of the individual properties, as they are separated from each other and from the street by the 6 ' high wall. With respect to the remaining criteria, there are no special conditions or circumstances of a historic nature which provide a basis for the variance. However, the previously granted variances were deemed to have met all 4 conditions based on the "historic nature" of the neighborhood. RECOMMENDATION Board's discretion. Section 4 .5.1 (J) (J) Historic Preservation Boarded to act on Section 2Vari(n)e Requets: Pursuant to the powers gt on th Historic Preservation �Boardctshallor actisonriallitvariance requests, within a Historicthe Board of Adjustments. In otherwise would be acted upon by acting on such variance regeecriteria Board normallyshall used by guided the by the following in addition to th of Adjustments . (1) That a variance is necessary to maintain the historic character of property through demonstrating that: '(-(a) A variance would not be ee wonfrar.trary to the public interest, oJ(b) Special conditions and circumstances exist; because of the historic setting, location, nature, or of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, PP structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a his�e�iofdistrict Historicnor Placeslisted on the Local Regis • (c) Literalinterpretation would alterptheishistoric existingions of ordinances character of the historic district, or historic site to such an t thet it would historic not be feasible to preserve character, of the historic district or historic site. (d) The variance requested is the minimum necessary to maintain the preservation of the historic character of a historic site or of a historic district. 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' SECT14/��:Ar,e O,i/M BEAC.t1 CDI Niy f[ • !!..^aT/1n Mar' ` • .• ��... �t�. , c, • • • 1 Y • ........ ........ 'a . �• i•w!.. i- • • •• •••. NASSAU D� 5T/PE gee Q TRACT A ' =rT " .••••. - ZI :.!.'. . .. . 1. ••., 1 ��..�. !I.•.. T • f ., LO .d.n.' i � r.,, v :,:, i., 1�• . ' :/ ".,IJ ., .....::..- , '. •' L. ...... •••..�•• ' ic.. .. rr i,Ir,,d L1 ti.t r 1 �.Q • < NJ 7I ':,u h a V.'•M is'� ,L• . 1 .„,,.... .":•••7 ;I �`�- , �.� � tar z 14( ``` e. ----Lt w yr•• N!N6 vJ...r G/dr.:a•r.. . 4/y..e.'I+'A 4' PIA, lfooe a r'+ r _ I • • I _ • • .:::• ........r. ........•.... •::;" r 1 Crtstir Crunstrurtiun Corporation OF THE PALM BEACHES 8903 GLADES ROAD SUITE L-9120 BOCA RATON,FLORIDA 33433 407-483-4687 FAX 407-488-9758 Juty 13, 1992 City o.. DeJxay Beach Planning & Zoning Department Hi.atonie Pne4e.xvation Boaxd 100 N.W. 14t. Ave. DeLnay Reach, FLonida 33444 Dean S.i44, I have made a variance nequea.t to add a .ama.0 apa to each pool al home.a that I am building at 1160, 1170, 1180, and 1190 Na44au Street. Thi4 community o4 homey .Ca known az .the Na44au Pointe Project. Thi4 variance neque4t wooed not be contnaxy to the public intereet, 4a4ety, on wetiare. Thia variance xequeat is the minimum nece.aaary to maintain .the pneeenvation of .the hi4tonic chaxacten o4 a hi.4toxic diatnict. Thank you 4on yowc con4idenation in thi4 matter. Since/tag, R)n°1'9---W. Caitte - Pne4ident AGENDA ITEM 2 PUBLIC HEARING: Request for Variance NO. 88-26 John W. Castle, authorized agent for Harold Kurlan, owner of the Nassau Pointe project. The property is located on the southwest corner of South Ocean Boulevard and Nassau Street. The applicant is requesting relief from Section 4 . 6 . 15(G) of the Land Development Regulations to allow swimming pool spas to encroach on the side interior setbacks of lots 1,2,3 and 4 of the Nassau Pointe Plat. Staff report, letter of justification and Public Notice are attached for your information. ,z.-3,,,,,-;.; 3j5 :;-_-,1 ,,-,-,--17,..1 ,, „..,..1 ., ;-,5:,i---,:,,--Alfr,_,,,qt [.... ., i „ ...i q 1 ,':iii, _. 1 ',-ki! ,..k,,, ;.‘ , _1,1:,3 ,-,„, i] 100 N.W.1st AVENUE • DELRAY BEACH, FLORIDA 33444 • 407/243-70C^_ PUBLIC NOTICE 88-26 A petition has been received from John W. Castle, President, Castle Construction Corporation, authorized agent for Harold Kurlan, owner of the Nassau Pointe project, requesting a Variance from Section 4 .6. 15(G) of the Land Development Regulations. Pursuant to LDR Section 4 .6 . 15(G) , swimming pools may extend into the setback area but no closer than ten feet ( 10 ' ) to any rear or side interior property line. This variance will allow the construction of four (4) spas in conjunction with four (4) previously approved swimming pools. The following encroachments occur on the side interior setbacks of Lots 1,2,3 and 4 of the Nassau Pointe Plat. Section Requirement Provided Lot 1 4 .6 . 15(G) 10 ' 4 .5 ' Lot 2 4 .6 . 15(G) 10 ' 9 .5 ' Lot 3 4.6 . 15(G) 10 ' 4 .5 ' Lot 4 4 .6 . 15(G) 10 ' 9 .5 ' The subject property is located at the southwest corner of South Ocean Boulevard and Nassau Street in the Nassau Park Historic District. Your property is located within a 500 ' radius of the subject property, which is legally described as follows: Lots 1,2,3 and 4, Nassau Pointe Plat, Delray Beach, Florida, according to the Plat thereof recorded in Plat Book 68, Page 74 of the Public Records of Palm Beach County, Florida. The street addresses are as follows: 1160, 1170, 1180 and 1190 Nassau Street. The Historic Preservation Board will conduct a public hearing at 6 :00 PM on Wednesday, August 5, 1992 in the First Floor Conference Room at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, and all persons interested will be given an opportunity to be heard. Please be advised that if a person or persons decides to appeal any decision made by the Historic Preservation Board with respect to any matter considered at this meeting or PUBLIC NOTICE 88-26 Page 2 hearing, such persons will need a record of the proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which to appeal is to be based. The City does not provide or prepare such record. Pursuant to F.S. , 286 .0105. If you would like further information with regard to how this proposed action may affect your property, please contact Patricia Cayce, Historic Preservation Planner, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444, or phone 407-243-7284. FINDINGS OF FACT HISTORIC PRESERVATION BOARD MEETING AUGUST 5, 1992 COA 8-170B 822 E. ATLANTIC AVENUE BOYD BUILDING JACK DINERO, BUSINESS OWNER AND AUTHORIZED AGENT AGENDA ITEM 3 COA 8-170B 822 E. Atlantic Avenue, Boyd Building. Presented by Jack DeNiro, owner of the business, or a representative of Delray Awning, authorized agent. Advertising signs to be painted on previously approved plain dark green canvas window awnings. The Historic Preservation Board voted to approve , as presented, two advertising signs; J C DeNiro Real Estate, Inc. and Linda DeNiro & Co, to be painted in white on previously approved green canvas awnings. The signs are to be painted on the 12" awning valance and the letters are not to exceed 9" in height. 6-0 The Board voted by separate motion: to remove all five existing wooden wall signs; repair any damage caused by the removal of the signs; and specified that any of the remaining vacant store fronts have awning signs only. 6-0 NOTE The HPB did not issue a blanket sign approval for the remaining awnings. Each request for any sign will come to the Board for COA approval. / �. - ;" o j AGENDA ITEM 3 c:- COA 8-170B 822 E. Atlantic Avenue, Boyd Building. Presented by Jack DeNiro, owner of the business, or a representative of Delray Awning, authorized agent. I:-Advertising signs to be painted on previously approved plain dark green canvas window awnings. ITEM BEFORE THE BOARD The request is from J.C. DeNiro Real Estate, Inc. , and Linda DeNiro & Co. to approve advertising signs for 2 store front awnings and one rear awning. The Board will consider the signs only; the awnings have been previously approved. The addresses are 822 and 826 E. Atlantic Avenue. The stores are located directly east and west of the Boyd building's center gate. The signs are to be painted white and located on the awning valances. The valances are 12" deep and the letters are to be 9" tall. The application requests a different letter style for each business. BACKGROUND In 1991 the HPB granted a COA for the renovation of the Boyd Building. The COA included awning style and color; and signs for the front facade of the building. The signs were installed but the awnings were not. Late in 1991 Jack DeNiro leased all of the space on the ground floor (5 units) , with the exception of Brandy's restaurant. Mr. DeNiro proposed to install awnings on all of the five units, including the window on the west facade. On December 18, 1991 he applied for a COA for a change in the approved awning color from plum to aqua with pink trim; and for renovation of the rear entrance for 2 of the units. The rear renovation included installation of 2 awnings, one to have a sign painted on the valance. The HPB granted the COA and approved the rear awning sign, subject to the Sign Administrator's review. On April 1, 1992 Mr. DeNiro came before the Board to request a change in awning color and material; aqua vinyl to dark green canvas. The change of material and color was approved. ANALYSIS 1. Signs on awnings are considered by code to to be wall signs. 2 . Only one wall sign is allowed for each business on each facade. 3 . Wall signs already exist above each of the 5 store fronts. Therefore, if these awning signs are approved the wall signs must be removed. This an either/or situation, and from an aesthetically appropriate perspective the Board must make it decision. The Moderne style of architecture emphasized vertical and horizontal building components. In the case of the Boyd Building, the bands of windows and eyebrows accent the horizontal, and the decorative pilasters the vertical. Traditionally, signs were painted or etched onto the window glass, or painted directly on the awnings, to keep the eye focused on the structure and not the accoutrements. The simple neon tubing signs, commonly associated with this style, were barely visible in daylight and when lighted at night served to highlight the structural features of the facade. POSSIBLE ACTION 1. Deny the COA. Approve the COA as presented and remove the wall signs . 3 . Approve the COA with modification and remove the wall signs . Modification: Require all signs to have the same type face. RECOMMENDED ACTION Approve with the above modification and remove the wall signs. -_- -- , _--- P--...... -___-__,cuy-Tou c�� SIGN REkfIr'.' _- b co Aj �-------� ' | / ! U \ � U� ! | /Z�` �1 /�� | �\' //�� /D L �� u \ U �� ��\�, �� ID) � �� �x o �� - ~ _ � I \ I I I TIE III i _ -- 4 'I _ 2P II - -. - -Y-- b t • Ur i itemimmummimmill.1111N11\11 i is I;II - ■ i , Ill \ I CB P.A t•, 73S I�„ . amilms 1 .. III 11 7 O" '-i - W31., ,' LDkDEN0 _&G II: • FINDING OF FACT HISTORIC PRESERVATION BOARD MEETING AUGUST 5, 1992 DISCUSSION ITEM AGENDA ITEM 4 Fontaine Fox Historic Site, 610 N. Ocean Boulevard. David Martin, Architect. Consider an amendment to Ordinance No. 70-89 to allow an additional 800 square feet of gross floor area to a proposed dwelling on the beach lot east of AIA. This is a discussion item to evaluate what effect, if any, the amendment would have on the designated historic site. The Historic Preservation Board heard a presentation by David Martin, architect, detailing the proposal to add to the gross total square feet of the residence which is now under construction. The staff report that was given to the HPB before the meeting stated that the addition would be limited to 800 SF and would not be visible from AIA. During the course of the presentation it was brought to the Board's attention that the change in the design will be visible from the street, and that the additional square footage will be greater than 800 SF. The building's architectural style has been completely redesigned but the footprint, indicated on the original site plan, remains the same. The site plan complies with all of the development standards when adjusted to accommodate the variances previously granted for the lot. /The Board did not feel that the increase in gross SF would have a negative effect on the historic house and cottages on the lot to the west of AIA. It was recommended that the owner proceed with the request for a Public Hearing which the HPB will hold in order to gain imput from property owners within a 500 ' radius. After the Public Hearing the HPB will make its formal recommendation to the City Commission regarding the amendment to the ordinance. Regardless of the City Commission's decision on the amendment, it will be necessary for the owner to submit a Certificate of Appropriateness application to the HPB for approval of the design changes to the exterior of the dwelling. AGENDA ITEM 4 Fontaine Fox Historic Site, 610 N. Ocean Boulevard. David Martin, Architect. Consider an amendment to Ordinance No. 70-89 to allow an additional 800 square feet of gross floor area to a proposed dwelling on the beach lot east of AIA. This is a discussion item to evaluate what effect, if any, the amendment would have on the designated historic site. ITEM BEFORE THE BOARD This is a discussion item only. The discussion should focus on the effect this proposed addition in square feet would have on the historic site. If the Board is of the opinion that the addition will not negatively effect the site, the owner will proceed with the amendment request as described in a letter to David Martin, which is attached. BACKGROUND Ordinance 70-89, which is attached, designated the Fontaine Fox Historic Site to the Local Register of Historic Places. The site consists of 3 lots. The western lot faces Andrews Avenue and is vacant. The center lot, which is located on the west side of AIA, contains an historic single family dwelling and 3 guest cottages; the address is 610 N. Ocean Blvd. The eastern lot is located on the east side of AIA and a single family home is under construction. Section 2, paragraph (2) of the Ordinance states that "no dwelling unit used or developed east of State Road A-I-A shall contain more than 2400 square feet of gross floor area" . On December 18, 1991 the HPB approved a COA for the design of a two story Mediterranean Revival style house containing 2400 SF. The owner is requesting that the Ordinance be amended to increase the size of the house by 800 SF for a total of 3200 SF of gross floor area. The footprint originally approved will be maintained. The additional 800 SF will be obtained by redesigning the building and by enclosing a porch area. The procedure to amend the ordinance is outlined in a July 7, 1992 letter to David Martin, Architect, which is attached. ANALYSIS The east lot is separated from the historic house and cottages by AIA. The additional space will be gained by enclosing a porch on the ocean side of the lot and will not be visible from the street. If the Ordinance is amended the owner will return to the HPB for modification approval . David Martin will bring sketches of the proposed addition. He has indicated that the style is being changed from Med Rev to a British Colonial Island style which would certainly be acceptable and appropriate. If the owner elects to change the style of the house a new COA will be considered by the HPB. CITY OF DELRAY BEACH 100 ti.W. 1st AVENUE • DELRAY BEACH. FLORIDA 33444 • 407/243-7000 July 7, 1992 David Martin Architect 110 N.E. 7th Avenue Delray Beach, FL 33483 Re: Fontaine Fox Historic Site proposed ordinance amendment. Dear David, On June 22, 1992, Jeff Costello and I met with David Kovacs, Planning Director, to determine the procedure necessary to request an amendment to Section 2, paragraph (2) of Ordinance 70-89 (Fontaine Fox Historic Site) . This paragraph of the Ordinance states that "no dwelling unit used or developed east of State Road A-I-A shall contain more than 2400 square feet of gross floor area" . You have requested that the Ordinance be amended to allow an additional 800 square feet for a total of 3200 square feet of gross floor area. The procedure to request the amendment is as follows : 1. The Historic Preservation Board (HPB) will review your request at one of its regularly scheduled meetings . The purpose of this review is to determine what effect, if any, the amendment will have on the designated historic site. After evaluation the Board will set a date for a Public Hearing. 2 . The HPB will conduct the public hearing which will be noticed by letter to property owners within a 500 ' radius of the subject property and will be advertised in the newspaper. It will be necessary for you to provide us with a 500 ' radius map from the Property Appraiser's office and a list of property owners within the 500 ' radius . In addition you will provide mailing labels for the 500 ' radius property owners. We will then prepare the letter of notification, execute the mailing and advertise the notice in the newspaper. Both the mailing and the advertisement must be completed ten days before the scheduled public hearing. Tyr E_=O1=1- AL.`;AYS MATTE= David Martin Page 2 I am enclosing a Variance application for you to complete. It should be accompanied by a letter of justification explaining the basis for the request. Please have the Agent Authorization form on page 4 signed and notarized by the property owner. A fee of $151.25 is required for processing this request. 3. After the Public Hearing the Board will send its recommendation regarding the amendment to the City Commission. The City Commission will consider the recommendation at a first reading at the next available regular meeting. The second reading of the Ordinance amendment will be conducted at a Public Hearing at the following regular City Commission meeting. I hope this letter explains the procedure necessary to request an amendment to Ordinance 70-89 Fontaine Fox Historic Site. If you have any questions or if I can be of any help, please phone me, 243-7284. Sincerely, cge- et Patricia Cayce Historic Preservation Planner • JRD=NANNCE NO. 7C-89 • OR.7I`IANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE FONTAINE FOX HOUSE LOCATED AT 610 N. OCEAN BOULEVARD, WHICH IS MORE FULLY DESCRIBED IN EXHIBIT 1 TO THIS ORDINANCE, AS A LOCAL HISTORIC F,ITD; PROVIDING FOR CERTAIN REQUIREMENTS OF DESIGNA- TION; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF OVERIAYY MANNERLRAY C SAIDLORIDA,DESIGNATION;, TO SHOW, IN AN PROVIDING A NON- SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR A SUNSET PROVISION. WHEREAS, Chapter 174 of the City of Code of the City of Delray T Beach provides for the designation and protection of historic sites; WHEREAS, the owners of the Fontaine Fox House, a home designed by noted South Florida architect John Volk for famed cartoonist and City of Delray Beach resident Fontaine Fox, have nominated the Fontaine Fox 1 House to be designated as an historic site if certain variances and waivers can be obtained from the City of Delray Beach. WHEREAS, the Historic Preservation Board of the City of Delray Beach prepared a designation report for the designation of Fontaine Fox House as an historic site and held a duly noticed public hearing in regard to the designation of the property as an historic toricgnate at of no member. of the public spoke in opposition to property as an historic site; and, WHEREAS, the Historic Preservation Board of the City of Delray Beach has recommended that on September 20, 1989 that the Fontaine Fox House be designated an historic site subject to certain variances and waivers proposed by the owner/applicant in the nomination/designation report; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the Fontaine Fox House as an historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Designation. The Fontaine Fox House is located at 610 N. Ocean which is legally described on the survey which is attached and incorporated into this Ordinance as Exhibit 1 and is hereby designated as the Fontaine Fox Historic Site in accordance with and under the provisions of Chapter 174 of the City Code of the City of Delray Beach, subject to the terms of this Ordinance. Section 2. Requirements of Designation. • Notwithstanding any provision of the City Code of the City of Delray Beach and any other provision of this Ordinance, the following requirements shall apply to the use and development of the Fontaine Fox Historic Site: 1) no more than three (3) dwelling units shall be used and developed within the boundaries of the Fontaine Fox Historic Site; and, 2) no dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred (2,400) square feet of gross floor area. Section 3. That the Planning Director of the City of Delra Beach, Florida, shall, upon the effective date of this ordinance, amen • the zoning map of Delray Beach, Florida, to show, in an overlay manner the above designation. Section 4. Severability. It is the intention of the City Commission of the City o: Delray Beach that this Ordinance and each every of its terms be con- sidered a part of a single whole and that the Ordinance not be severabl and that if a court of competent jurisdiction finds that any section c- this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable in its entirety. Section 5. Effective Date. This Ordinance shall become effective upon adoption on seconc and final reading. Section 6. Sunset Provision. This Ordinance shall expire andx be of no further legal force and effect sixty (60) days after its ,effective date unless the owner/applicant of the Fontaine Fox Historic Site has obtained the following variances and necessary waivers: 1. A variation from the minimum lot area requirements of the R-1-AAA zoning district to allow the construction of a single family detached dwelling on that portion of the Fontaine For. Historic Site that lies east of State Road A-1-A; and 2. a variation from the side yard setback requirements of the R-1-AAA zoning district to allow the construction of a single family detached dwelling within five (5) feet of the north property line and five (5) feet of the south property line of that portion of the Fontaine Foy: Historic Site which lies east of State Road A-1-A. 3. Waiver of the 80 foot right-of-way requirement for State Road A-1-A within the boundaries of the Fontaine Foy. 1 Historic Site and the establishment of a 60 -foot right-of-way requirement for the purposes of any municipal permit or development order. PASSED AND ADOPTED in regular session on second and final reading on this the 24thday of October , 1989. MAYOR ATTEST: . This instrument was prepared by: C ty lerk First Reading October 10, 1989 Jeffrey S. Kurtz, City Attorney 100 N.W. 1st Avenue Second Reading October 24, 1989 Delray Beach, FL 33444 1 2 ORD. NO. 70.89 Charles E. Toth Architect 250 Royal Court Delray Beach, Florida 33444 (407) 272-8600 July 28 , 1992 Pat Cayce Historic Preservation Planner City of Delray Beach 100 N.W. 1st Ave. Delray Beach, Florida RE: 622 North Ocean Boulevard, Delray Beach, Florida This letter shall serve as notification that the owners of 622 North Ocean Boulevard, Delray Beach, request designation on the Local Register of Historic Places for their property. A Designation Report for the Historic Preservation Board shall be prepared. In order to facilitate a public hearing at the Board' s August 19th meeting, the Designation Report shall be ready by August 10 , 1992 . / 7i t-a4) Charles E. Toth as agent for C. H. Schumacher & W. W. Hancock, owners of record cc. Schumacher & Hancock ..• 4,,, :. to p • 4 .....AIU .6. • • 1r If % ••".. • - r r• r i r f Y .. _ - 1 w 1 t F. r♦ �e • -.,' .C �y N•• II 111111111 1111 \Alt .. '0 v,' ';*14 I -.f--„ , -, . ., O.1., ''Nit 41 li.-, It!:i i ' Ill 11 ' •• . . • ... ,• .t lik . ..,, . • . ..,. . . .t.i L... . A • die i• t•,✓•% • '� ;k{'• ..1 *•i► '...w•• .:'.' ", �' w5'•ate.;, • ..♦ Jl.t:•-L,�4..�.�.. •ter -,o'a'v'^ S . "'y'4 • ••• ^i •.�► .,1 .• r{,,•'• ' z.•.;.s fc r �,,. fy, r .�tt-.....*"...cv -Y—y ♦ :• 7,.�+F r n �h v ' .t;i.44 '1 4-- s-4, —ra7.. 5•••14 ' - .,- i. •.y +„J :•` 1 i' 1 i. :. :.. '4il '"17- • . . „- „, ',....[. Y--i.*: 'C• •d•.",, +tY,=y..• .314. • M•�.F ,' yy1. fir'+ , 1. , .• t AGENDA ITEM 5 Consider a proposal from Charles Toth, Architect, to place the house and property located at 622 N. Ocean Boulevard on the Local Register of Historic Places. This property is located just to the north, and is adjacent to, the Fontaine Fox Historic Site. The property consists of 2 lots . The lot on the west side of AIA contains an historic house and the lot east of AIA is vacant. The eastern lot does not contain sufficient square feet to allow a house to be constructed. The house was built by Fontaine Fox in 1937 . It was designed by noted Palm Beach architect, John Volk. The house, which is in excellent condition, is built in the Monterey style and contains all of its original architectural details. The owner is proposing to nominate the house and the beach lot to the Local Register as an historic site. The purpose of designating the property as a "site" is to take advantage of the HPB' s ability to grant variances. By granting certain variances to the Land Development Regulations the eastern lot would become buildable. This is the same procedure that was used at the 610 N. Ocean Boulevard site. Please read all of Ordinance 70-89 for details . Essentially this is a trade off. If the house is listed on the Local Register, and it is certainly qualified, it will have the protection of the HPB and the owner will have a valuable beach lot. To compensate for the unbuildable beach lot, and make the property economically viable, the the house will be demolished and a new and expensive dwelling built in its place. The Board should consider whether it would recommend this type of designation to the City Commission. The proposed Ordinance would contain the same Sunset provision regarding the granting of variances for the ocean lot as is found in Ordinance 70-89 . ANALYSIS 1 . Section 4 .5. 1 of the LDR's, which is attached, identifies the criteria for designation. The property fulfills (a) and (d) of division 2; (a) , (b) , (c) and (d) of division 3; and would qualify for nomination to the National Register, division 4 . 2 . The house is in excellent condition and retains all of its original architectural elements. 3 . Constructing a building on the beach lot would not have a negative effect on the neighborhood. 4 . There are houses being built to the north and south of the beach lot. 5. There is precedence for this type of designation. 6 . The HPB is mandated to preserve the historic buildings of the City. Section 4.5. 1 ARTICLE 4.5 OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS The Districts described in this Article do not establish uses or categorize uses. These Districts, however, do regulate allowable uses in a manner to mitigate adverse impacts of such uses upon the natural or man-made environment; or regulate development so as to mitigate potential dangers to the use of such developed land, or to otherwise implement policies and objectives of the Comprehensive Plan. Overlay and environmental management districts need not be shown on the Official Zoning Map. Section 4.5. 1 Historic Preservation Sites and Districts: (A) General: In recognition of findings as set forth in the original enactment of Ordinance 13-87, passed March 10, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, _ state, and national history; that provide significant examples of architectural styles of the past; that are unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of the physical surroundings in which past generations lived; and other purposes . (B) Criteria for Designation of Historic Sites or Districts: ( 1) To qualify as a historic site, or historic district, or historic interior, individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site or historic district, the property or properties must fulfill one or more of the criteria set forth in division (2) or (3) below; to qualify as a historic interior the interior must fulfill one or more of the criteria set forth in division (2) and meet the criteria set forth in divisions (3) (b) and (3) (d) . (2) A building, structure, site, interior, or district will be deemed to have historical or cultural significance if it meets one or more of the following criteria: (a) Is associated in a significant way with the life or activities of a major person important in city, state, or national history ( for example, the homestead of. a local founding family) ; 4501 Section 4.5.1 (B) (b) Is the site of a historic event with significant effect upon the city, state, or nation; (c) Is associated in a significant way with a major historic event, whether cultural, economic, social, military, or political; (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history; or, (e) Is associated in a significant way with a past or continuing institution which has contributed substantially to the life of the city. (3) A building, structure, site, or district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria; except that to qualify as a historic interior, the interior must meet the criteria contained within divisions (3) (b) and (3) (d) : (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (c) Is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder; or (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. (4) A building, structure, site, interior, or district will be deemed to have historic significance if, in addition to or in the place of the previously mentioned criteria, the building, structure, site, or zone meets historic development standards as defined by and listed in the regulations of and criteria for the National Register of Historic Places, as prepared by the United States Department of the interior under the Historic Preservation Act of 1966, as amended. A copy of these standards for the National Register is made part of this section as if fully set forth herein. 4502 • )RDINANZE NO. 7C-89 _y O?.DIHANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE FONTAI EH FOXIS MOREE FULLY DESCRIBED CRIBED IN AT 610 N. OCEAN BOULEVARD, EXHIBIT 1 TO THIS 'ORDINANCE, AS A LOCAL HISTORIC F.ITC; PROVIDING FOR CERTAIN REQUIREMENTS OF DESIGNA- TION; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OFBEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER SAID DESIGNATION; PROVIDING A NON- SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR A SUNSET PROVISION. WHEREAS, Chapter 174 of the City of Code of the City of Delray Beach provides for the designation and protection of historic sites; WHEREAS, the owners of the Fontaine Fox House, a home designed by noted South Florida architect John Volk for famed cartoonist and City of Delray Beach resident Fontaine Fox, have nominated the Fontaine Fox House to be designated as an historic site if certain variances and waivers can be obtained from the City of Delray Beach. WHEREAS, the Historic Preservation Board of the City of Delray Beach prepared a designation report for the designation of Fontaine Fox House as an historic site and held a duly noticed public hearing in regard to the designation of the property as an i toricgnateontofhich no member. of the public spoke in opposition to property as an historic site; and, WHEREAS, the Historic Preservation Board of the City of Delray Beach has recommended that on September 20, 1989 that the Fontaine Fox House be designated an historic site te subjecti to certain the nomination/desig variances and and waivers proposed by the owner/applicant report; and WHEREAS, the City Commission of the City of Delray Beach has , cnductediae FoxHouse noticed ds nun historichhearing ngfl regard to the designation of the NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Designation. The Fontaine Fox House is located at 610 N. Ocean which is legally described on the survey which is attached and incorporated into this Ordinance as Exhibit 1 and is hereby designated as the Fontaine Fox Historic Site in accordance with and under the provisions of Chapter 174 of the City Code of the City of Delray Beach, subject to the terms of this Ordinance. Section 2. Requirements of Designation. Notwithstanding any provision of the City Code of the City of Delray Beach and any other provision thevuseoandf this de development ofOrdinance, thethe Fontainefollowing Fox requirements shall apply Historic Site: 1) no more than three (3) dwelling units shall be used and developed within the boundaries of the Fontaine Fox Historic Site; ;; and, 2) no dwelling unit used or developed on that portion of the Fontae Fox shallln ontainHmore rithan c ttwo e hthousand and ich lies t four of Shundred tate ad(2,400) square feet of gross floor area. Section 3. That the Planning Director of the City of Delray Beach, Florida, shall, upon the effective date of this ordinance, amend the zoning map of Delray Beach, Florida, to show, in an overlay manner, the above designation. Section 4. Severability. It is the intention of the City Commission of the City of Delray Beach that this Ordinance and each every of its terms be con- sidered a part of a single whole and that the Ordinance not be severable and that if a court of competent jurisdiction finds that any section cf this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable in its entirety. Section 5. Effective Date. This Ordinance shall become effective upon adoption on second and final reading. Section 6. Sunset Provision. This Ordinance shall expire and/ be of no further legal force and effect sixty (60) days after its effective date unless the owner/applicant of the Fontaine Fox Historic Site has obtained the following variances and necessary waivers: 1. A variation from the minimum lot area requirements of the R-1-AAA zoning district to allow the construction of a single family detached dwelling on that portion of the Fontaine Fox Historic Site that lies east of State Road A-1-A; and 2. a variation from the side yard setback requirements of the R-1-AAA zoning district to allow the construction of a single family detached dwelling within five (5) feet of the north property line and five (5) feet of the south property line of that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A. 3. waiver of the 80 foot right-of-way requirement for State Road A-1-A within the boundaries of the Fontaine Fox Historic Site and the establishment of a 60 .foot right-of-way requirement for the purposes of any municipal permit or development order. PASSED AND ADOPTED in regular session on second and final reading on this the 24thday of October , 1989. MAYOR ATTEST: 4.1" "- This instrument was prepared by: City lerk Jeffrey S. Kurtz, City Attorney First Reading October 10, 1989 100 N.W. 1st Avenue Second Reading October 24, 1989 Delray Beach, FL 33444 2 ORD. NO. 70-89 4