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HPB 09-16-1992 { AGENDA HISTORIC PRESERVATION BOARD MEETING WEDNESDAY, SEPTEMBER 2, 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. 88-27 Rodney Crice, A. Grant Thornbrough & Associates, authorized agent for Ronald Turner, owner of 401 N.E. 2nd Avenue, Del-Ida Park Historic District. The applicant is requesting relief from: * Section 4.6.9(D) (4) (d) which requires a 24 ' aisle width for perpendicular parking. Aisle widths provided are 22 ' and 18 ' . * Section 4.6 .9 (D) (3) (b) which requires a 24 ' driveway access to the street. A 20 ' wide driveway is provided. * Section 4.6 .9 (D) (8) (a) which requires parking lots to be improved with a paved or hard surface. A pea rock surface is provided. 3 . COA 8-190 401 N.E. 2nd Avenue. Rodney Crice, authorized agent for Ronald Turner, owner. Contributing apartment house and garage, Del-Ida Park Historic District. Approval of site plan and landscaping, including masonry wall and wooden gates . Approval of COA for exterior modification to the first floor of the south portion of the garage building (facing N.E. 4th Street) , which is proposed for conversion to office use. } HPB Agenda September 2, 1992 Page 2 Recommend to the City Commission that a waiver be granted from Section 4.6 . 16(H) (3) (f) , Perimeter Landscape Requirements. 4 . COA 8-187 16 & 32 E. Atlantic Avenue, Polly Noe's Sidewalk Cafe, Polly Noe, Owner. Old School Square Historic District. Approve site plan modification for outdoor cafe. Approve application to operate a sidewalk cafe. Approve COA for tables, chairs and umbrellas. 5. COA 8-191 840 E. Atlantic Avenue, Boyd Building, Busch's Restaurant. Don Day, Delray Awnings, authorized agent. New front canopy, dark green canvas. Sign for front of canopy. New front window awnings. Sign for existing canopy, rear entrance. 6 . Election of Officers: Chairman, Vice Chairman and 2nd Vice Chairman. 7 . Reports from Historic Districts 8 . Unfinished Business 9 . New Business 10. Approval of the August 19, 1992 minutes 11. Adjournment MINUTES OF THE HISTORIC PRESERVATION BOARD PUBLIC HEARING WEDNESDAY, SEPTEMBER 2, 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 Margie Miller Present Daniel Carter Absent Sandy Jamison Absent Pat Healy-Golembe Present Buck Miller Absent Rose Sloan (Chairman) Absent Staff Members Present: Diane Dominguez, Planing & Zoning Department Pat Cayce, Planning & Zoning Department Diana Mund, Planning & Zoning Department Susan Ruby, City Attorney's Office MEETING POSTPONEMENT: Due to lack of quorum (3 members present; 4 members absent) the Board moved to postpone the September 2, 1992 meeting and Public Hearing 88-27 until September 16, 1992 . Christine Bull moved to postpone the September 2, 1992 meeting, seconded by Pat Healy-Golembe. The vote was as follows: Christine Bull - Yes; Margie Miller - Yes; Pat Healy-Golember - Yes . Said motion passed 3-0 . ADJOURNMENT: Christine Bull moved for adjournment at 6 : 05 P.M. , seconded by Pat Healy-Golembe. The vote was as follows : Christine Bull - Yes; Margie Miller - Yes; Pat Healy-Golembe - Yes. Said motion passed 3-0 . The next meeting is scheduled for September 16, 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 September 2, 1992, which were formally dopted and apprloved by the Board on September 16, 1992 . i //4yI//� Diana Mund v If the Minutes that you have received are not completed as indicated above, then this means that these are not the Official Minutes . They will become so after review and approval, which may involve some changes. - 2 - 9/2/92 IRTNIMTMTIM Hurricane Andrew's random Rare Plant House collapsed, fury ravaged some of Dade's trees were bent in half. historic sites and landmarks, ■Cape Florida Lighthouse, but many of the structures old southern tip of Key Biscayne.It enough to have survived the big has stood since 1825,which storms of 1926 and 1935 stood tells you something about its strong through the storm. ability to endure.Dade's oldest ■Charles Deering Estate, standing structure came Old Cutler Road and 168th through Andrew with virtually no Street.The turn-of-the-century damage,though the park's • landmark in South Dade has foliage was mowed away. about$5 million in damage,said ■Parrot Jungle and Gar- Richard Farwell,museum super- dens,11000 SW 57th Ave. intendent for Dade's Parks and Every bird in this historic tourist Recreation Department.The attraction is believed to have main stone house is in good survived the storm and although shape,but the adjoining many trees were toppled,only • wooden Richmond Inn didn't the education building was dam- stand up as well."About half of aged.Grateful park operators that structure is destroyed," expect to reopen in about a Farwell said. week after they clear pathways The royal palms that dot the of debris. bayfront property were stripped, ■Biltmore Hotel,1200 Anas- though some may survive."The tasia Ave.Elegant and historic, hammock is heavily damaged, the Coral Gables landmark though the gumbo limbos and since 1926(the same year oaks will come back fast,"he another hurricane devastated said.In any case,the county-run Dade)came through the storm park will be closed for months. with no structural damage. II Vizcaya Museum and Gar- Some of the windows shattered dens,3251 S.Miami Ave.Far- and old awnings that were about well doesn't believe there to be to be replaced were ripped off. any structural damage to the Westin Hotels and Resorts plans Mediterranean mansion,which to reopen the Biltmore,closed has survived several strong hur- for two years,in the fall. ricanes through the decades. ■Venetian Pool,2701 The art collection is also intact. DeSoto.The huge,historic pool, "But the grounds took a real originally used as a rock pit for beating,"Farwell said."It was stone quarried to build Coral quite an effort to cut our way Gables in the early 1920s,is not through to the house." believed to have been damaged. The basement and gift shop ■Metrozoo,12400 SW were badly flooded,the ham- 152nd St.The zoo was seriously mocks were flattened and the damaged;it will take months great stone barge along the and millions to repair.Thou- bayfront lost some statues and sands of trees were uprooted most of the balustrades around and virtually every building was it.Estimated damage:$3.5 mil- heavily damaged or demolished. lion. The zoo's Wings of Asia aviary, I Fairchild Tropical Garden, home to 300 rare birds,was flat- 10901 Old Cutler Rd.The 83- tened. acre botanical garden suffered —PATTY SHILLINGTON millions in damage.The rain for- Herald Staff Writer est is nothing but sticks;the I AGENDA HISTORIC PRESERVATION BOARD MEETING WEDNESDAY, SEPTEMBER 16, 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 . Election of Officers : Chairman, Vice Chairman and 2nd Vice Chairman. 3. PUBLIC HEARING: Request to recommend to the City Commission that Section 2, Paragraph 2 of Ordinance No. 70-89 be amended. Presented by David Martin, Architect, authorized agent for Salah Sawaya, owner of the beach lot east of State Road A-I-A which is part of the Fontaine Fox Historic Site. The applicant is requesting that Ordinance NO. 70-89 be amended to allow an additional 850 square feet of gross floor area, resulting in a residence with a total of 3,250 gross square feet. 4 . PUBLIC HEARING: Request for Variance NO. 88-27 . Presented by Rodney Crice, A. Grant Thornbrough & Associates, authorized agent for Ronald Turner, owner of 401 N.E. 2nd Avenue, Del-Ida Park Historic District. The applicant is requesting relief from: * Section 4 . 6 . 9 (D) (4) (d) which requires a 24 ' aisle width for perpendicular parking. Aisle widths provided are 22 ' and 18 ' . * Section 4 . 6 . 9 (D) (3) (b) which requires a 24 ' driveway access to the street. A 20 ' wide driveway is provided. * Section 4 .6 .9 (D) (8) (a) which requires parking lots to be improved with a paved or hard surface. A pea rock surface is provided. HPB Agenda September 16, 1992 Page 2 5 . COA 8-190 401 N.E. 2nd Avenue. Rodney Crice, authorized agent for Ronald Turner, owner. Contributing apartment house and garage, Del-Ida Park Historic District. Approval of site plan and landscaping, including masonry wall and wooden gates. 0- Approval of COA for exterior modification to the first floor of the south portion of the garage building (facing N.E. 4th Street) , which is proposed for conversion to office use. Recommend to the City Commission that a waiver be granted from Section 4 .6 . 16 (H) (3) (f) , Perimeter Landscape Requirements. 6 . COA 8-187 16 & 32 E. Atlantic Avenue, Polly Noe's Sidewalk Cafe, Polly Noe, Owner. Old School Square Historic District. Approve site plan modification for outdoor cafe. Approve application to operate a sidewalk cafe. Approve COA for tables, chairs and umbrellas. 7 . COA 8-191 840 E. Atlantic Avenue, Boyd Building, Busch' s Restaurant. Don Day, Delray Awnings, authorized agent. Approve installation of front entrance canopy and window awning. Approve signs for front canopy and existing rear canopy. 8 . Nominations for Preservation Recognition Awards for September and October. 9 . Reports from Historic Districts 10 . Unfinished Business 11. New Business 12 . Approval of the Minutes: August 19, 1992 and September 2, 1992. 13. Adjournment MINUTES OF THE HISTORIC PRESERVATION BOARD PUBLIC HEARING WEDNESDAY, SEPTEMBER 16, 1992 LOCATION: FIRST FLOOR CONFERENCE ROOM 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 1 . ROLL CALL: • The Chairperson called the meeting to order at 6 :00 P.M. Board Members: Christine Bull Present Margie Miller Present Daniel Carter (Vice Chair) Present Sandy Jamison Present Pat Healy-Golembe Present Buck Miller (2nd Vice Chair) Present Rose Sloan (Chair) Present Staff Members Present: Diane Dominguez, Planing & Zoning Department Jeff Costello, Planning & Zoning Department Pat Cayce, Planning & Zoning Department Diana Mund, Planning & Zoning Department 2 . ELECTION OF OFFICERS: Chair: Rose Sloan Sandy Jamison nominated Rose Sloan for Chair, seconded by Pat Healy-Golembe. The vote was as follows : Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Pat Healy-Golembe - Yes; Buck Miller - Yes; Margie Miller - Yes; Rose Sloan - Abstained. Said motion passed 6-0 . Vice Chair: Daniel Carter Christine Bull nominated Daniel Carter for Vice Chair, seconded by Buck Miller. The vote was as follows : Christine Bull - Yes; Daniel Carter - Abstained; Sandy Jamison - Yes; Pat Healy-Golembe - Yes; Buck Miller - Yes; Margie Miller - Yes; Rose Sloan - Yes . Said motion passed 6-0 . 2nd Vice Chair: Buck Miller Pat Healy-Golembe nominated Buck Miller for 2nd Vice Chair, seconded by Daniel Carter. The vote was as follows : Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Pat Healy-Golembe - Yes; Buck Miller - Abstained; Margie Miller - Yes; Rose Sloan - Yes . Said motion passed 6-0. PUBLIC HEARING: 3 . AMEND ORDINANCE NO. 70-89, SECTION 2, PARAGRAPH 2 : Beach Lot East of State Road A-i-A which is Part of the Fontaine Fox Historic Site. Salah Sawaya, Owner; David Martin, Architect & Authorized Agent. There were no comments in favor of the amendment. Mr. John Washburn, contractor for Mr. Jack Eichelberger, spoke against the amendment. Mr. & Mrs . Eichelberger are constructing a residence on the second lot to the north of the subject property. A letter of opposition from Mr. Eichelberger was read into the record. The Board approved the applicant' s request to recommend to the City Commission that Ordinance No. 70-89, Section 2, Paragraph 2, be amended as follows: * To allow an additional 850 square feet of gross floor area, resulting in a residence with a total of 3,250 gross square feet. Daniel Carter moved to approve Ordinance No. 70-89, Section 2, Paragraph 2, seconded by Christine Bull. The vote was as follows : Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Pat Healy-Golembe - No; Buck Miller - No; Margie Miller - Yes; Rose Sloan - Yes. Said motion passed 5-2 . Please Note: At this time (7 :25 P.M. ) Daniel Carter had to leave the meeting. PUBLIC HEARING: 4 . VARIANCE NO. 88-27 : 401 N.E. 2nd Avenue, Del-Ida Park Historic District; Ronald Turner, Owner; Rodney Crice, A. Grant Thornbrough & Associates, Authorized Agent. The Board denied the applicant's request for relief from LDR, Section 4 .6 .9 (D) (4) (d) , which requires a 24 ' aisle width for perpendicular parking. Aisle widths provided are 22 ' and 18 ' . - 2 - 9/16/92 Pat Healy-Golembe moved to approve Variance No. 88-27 for LDR, Section 4 . 6 .9 (D) (4) (d) , seconded by Margie Miller. The vote was as follows: Christine Bull - No; Sandy Jamison - Yes; Pat Healy-Golembe - No; Buck Miller - No; Margie Miller - No; Rose Sloan - No. Said motion was denied 5-1. The Board approved the applicant' s request for relief from LDR, Section 4 .6 .9(D) (8) (a) , which requires parking lots to be improved with a paved or hard surface. A pea rock surface is provided with the following conditions: * Parking spaces must be clearly marked with wheel stops. * A minimum of 6" compacted subgrade and 6" of shellrock base be installed in the parking area and otherwise meet City Engineering Department standards . * All tree stumps be removed from the parking area and suitable backfill material be installed. Sandy Jamison moved to approve Variance No. 88-27 for LDR, Section 4 . 6 .9(D) (8) (a) , seconded by Margie Miller. The vote was as follows : Christine Bull - Yes; Sandy Jamison - Yes; Pat Healy-Golembe - Yes; Buck Miller - Yes; Margie Miller - Yes; Rose Sloan - Yes. Said motion passed 6-0 . 5 . COA 8-190 : 401 N.E. 2nd Avenue, Del-Ida Park Historic District; Ronald Turner, Owner; Rodney Crice, A. Grant Thornbrough & Associates, Authorized Agent. The Board denied the applicant' s request for the following: 1. The conversion of 4 garage spaces into office space. 2 . Increase in the size of the parking lot from 8 spaces to 14 . 3 . Reduction and redesign of the approved landscape area. 4 . Installation of a 3 ' masonry wall with wooden gates along N.E. 4th Street and N.E 2nd Avenue. Christine Bull moved to approve COA 8-190 (Site Plan) , seconded by Sandy Jamison. The vote was as follows: Christine Bull - No; Sandy Jamison - No; Pat Healy-Golembe - No; Buck Miller - No; Margie Miller - No; Rose Sloan - No. Said motion was denied 6-0 . - 3 - 9/16/92 The Board denied the applicant' s request for the following: 1. Modification to the garages facing N.E. 4th Street. a. Replace garage doors with doors and windows . b. Install a canopy awning over windows and doors. Pat Healy-Golembe moved to approve COA 8-190, seconded by Sandy Jamison. The vote was as follows : Christine Bull - No; Sandy Jamison - No; Pat Healy-Golembe - No; Buck Miller - No; Margie Miller - No; Rose Sloan - No. Said motion was denied 6-0. The Board approved the applicant' s request to recommend to the City Commission that a waiver be granted from Section 4 . 6 . 16(H) (3) (f) , (Perimeter Landscape Requirements) . Sandy Jamison moved to approve COA 8-190 (Waiver) , seconded by Christine Bull. The vote was as follows : Christine Bull - Yes; Sandy Jamison - Yes; Pat Healy-Golembe - Yes; Buck Miller - No; Margie Miller - Yes; Rose Sloan - Yes. Said motion passed 5-1 . 6 . COA 8-187 : Polly Noe's Sidewalk Cafe; 16 & 32 E. Atlantic Avenue; Old School Square Historic District; Polly Noe, Owner. The Board approved the applicant' s request for a site plan modification for an outdoor cafe; conditioned on the requirement to pay the in-lieu fee for two parking spaces or remove the restaurant use, if the amendment to the CBD parking regulations, as discussed in the staff report, are not adopted within one year of this approval. Sandy Jamison moved to approve COA 8-187 (Site Plan Modification) , seconded by Pat Healy-Golembe. The vote was as follows: Christine Bull - Yes; Sandy Jamison - Yes; Pat Healy-Golembe - Yes; Buck Miller - Yes; Margie Miller - Yes; Rose Sloan - Yes. Said motion passed 6-0. The Board approved the applicant' s application to operate a sidewalk cafe. The application to be effective after proof of insurance and a hold harmless agreement have been found to be acceptable to the City; and if necessary, a permit to work in the right-of-way is signed by the Engineering Department. Pat Healy-Golembe moved to approve COA 8-187 (Application) , seconded by Sandy Jamison. The vote was as follows: Christine Bull - Yes; Sandy Jamison - Yes; Pat Healy-Golembe - Yes; Buck Miller - Yes; Margie Miller - Yes; Rose Sloan - Yes . Said motion passed 6-0 . - 4 - 9/16/92 The Board approved COA 8-187 for tables, chairs and umbrellas. Pat Healy-Golembe moved to approve COA 8-187, seconded by Margie Miller. The vote was as follows: Christine Bull - Yes; Sandy Jamison - Yes; Pat Healy-Golembe - Yes; Buck Miller - Yes; Margie Miller - Yes; Rose Sloan - Yes . Said motion passed 6-0. Please Note: At this time (8 : 00 P.M. ) Daniel Carter returned to the meeting. 7 . COA 8-191 : Busch's Restaurant; Boyd Building; 840 E. Atlantic Avenue; Don Day, Delray Awnings, Authorized Agent. The Board approved the applicant' s request for the following: * New dark green canvas awning and entrance canopy for the E. Atlantic Avenue Facade. * The sign for the new canopy was approved with the following modification: * The background is to be dark green canvas; the lettering is to be white and the lobster red. * The sign for the existing rear (parking lot entrance) canopy was approved with the following modification: * The lettering is to be white and the lobster red. Buck Miller moved to approve COA 8-191, seconded by Christine Bull . The vote was as follows: Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Pat Healy-Golembe - Yes; Buck Miller - Yes; Margie Miller - Yes; Rose Sloan - Yes . Said motion passed 7-0. 8 . PRESERVATION RECOGNITION AWARD NOMINATIONS: September/1992 : * Barnard House * Kunze's Renaissance Dental Studio October/1992 : * Weiner's Office * Sundy House November/1992 : * Grant Thornbrough's Office - 5 - 9/16/92 9 . REPORTS FROM HISTORIC DISTRICTS : None 10 . UNFINISHED BUSINESS : Rose Sloan mentioned that John Davis has a buyer interested in purchasing the lot the Blank house is on ( 85 S .E . 6th Avenue) and therefore, is pushing to sell the house . Mrs . Sloan informed the Board that at this time the Historical Society does not have the funds to purchase the house and therefore, was afraid the house would be demolished. Daniel Carter suggested the Board contact Chris Brown to see if the Community Redevelopment Agency would be interested in the house. 11 . NEW BUSINESS : None 12 . APPROVAL OF MINUTES : August 19 , 1992 & September 2 , 1992 Meetings Pat Healy-Golembe moved for approval of the minutes for the August 19 , 1992 and September 2 , 1992 meetings, seconded by Christine Bull . The vote was as follows : Christine Bull - Yes ; Daniel Carter - Yes ; Sandy Jamison - Yes; Pat Healy-Golembe - Yes; Buck Miller - Yes ; Margie Miller - Yes; Rose Sloan - Yes . Said motion passed 7-0 . 13 . ADJOURNMENT: Sandy Jamison moved for adjournment at 8 : 20 P .M. , seconded by Pat Healy-Golembe . The vote was as follows : Christine Bull - Yes ; Daniel Carter - Yes; Sandy Jamison - Yes ; Pat Healy-Golembe - Yes; Buck Miller - Yes; Margie Miller - Yes ; Rose Sloan - Yes . Said motion passed 7-0 . The next meeting is scheduled for October 7 , 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 September 16 , 1992 which were formally o ted and ap v d by the Board on October 7 , 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 . - 6 - 9/16/92 AGENDA ITEM 2 Election of Officers : Chairman, Vice Chairman and 2nd Vice Chairman. Chairman, Rose Sloan was elected in September 1991. Pursuant to Section 2 .2 . 1(A) (D) (2) she may succed herself as chairman. Pursuant to the same section the Board needs to elect a vice chairman and a 2nd vice chairman. i l FINDINGS OF FACT HPB MEETING SEPTEMBER 16 , 1992 DAVID MARTIN ARCHITECT, AUTHORIZED AGENT FOR OWNER, SALAH SAWAYA. ITEM BEFORE THE BOARD A request to recommend to the City Commission that Section 2 , Paragraph 2 of Ordinance No. 70-89 be amended. BACKGROUND On August 5, 1992 the HPB conducted a preliminary evaluation to determine the effect the amendment would have on the Designation Report, on which Ordinance 70-89 is based. The preliminary evaluation revealed that the amendment conformed to the Designation Report, with one exception, pursuant to Section 4 . 5 . 1(C) ( 3) (b) of the LDRs which pertains to floor area, density and height. The HPB was also of the opinion that the amendment would not negatively effect the historic house to the west of A-I-A, or the historic site as a whole. The applicant was advised to proceed with a Public Hearing. Pursuant to Section 2 . 4 . 2 (B) ( 1) (b) a notice was sent to property owners within a 500 ' radius and was published in the Delray News on September 5, 1992 . ACTION OF THE HPB AT THE SEPTEMBER 16 , 1992 MEETING The HPB conducted a Public Hearing to gain input regarding the proposed amendment. There were no comments in favor of the amendment. Mr. John Washburn, contractor for Mr. Jack Eichelberger, spoke against the amendment. Mr & Mrs Eichelberger are constructing a residence on the second lot to the north of the subject property. A letter of opposition from Mr. Eichelberger was read into the record, and is attached. The Historic Preservation Board voted to recommend to the City Commission that Ordinance No. 70-89 be amended. The vote was 5-2 , Pat Healy-Golembe and James Miller dissenting. . • AGENDA ITEM 3 HPB MEETING SEPTEMBER 16, 1992 STAFF MEMORANDUM DATE: SEPTEMBER 8, 1992 TO: HISTORIC PRESERVATION BOARD MEMBERS FROM: PAT CAYCE SUBJECT: PUBLIC HEARING: RECOMMEND TO THE CITY COMMISSION AN AMENDMENT TO ORDINANCE NO. 70-89 . ITEM BEFORE THE BOARD A request to recommend to the City Commission that Section 2, Paragraph 2 of Ordinance No. 70-89 be amended. 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, located on the west side of AIA, contains an historic single family dwelling and 3 guest cottages; the eastern lot is located on the east side of AIA. The street address for the Fontaine Fox Historic Site is 610 N. Ocean Boulevard. Section 2, paragraph (2) of the Ordinance states that "no dwelling unit used or developed east of State Road A-I-A ( the eastern lot) shall contain more than 2400 square feet of gross floor area" . On June 18, 1990 the HPB approved plans for a 2400 square foot dwelling to be constructed on the beach lot by the owners, Joyce and Roderick Wilson. Before construction commenced, the lot and approved plans were sold to Mr. Salah Sawaya. On December 18, 1991 Mr. Sawaya obtained a COA to redesign the exterior of the proposed residence while retaining the previously approved footprint and the maximum 2400 square feet of gross total floor area. In June of 1992, David Martin, authorized agent for Salah Sawaya, requested an amendment to Ordinance NO. 70-89 to allow an 850 square foot addition to the gross floor area, resulting in a dwelling with a total of 3,250 gross square feet. The building' s footprint on the originally approved site plan will remain unchanged. The procedure to amend the ordinance is detailed in a July 7, 1992 letter to David Martin, which is attached. ti Public Hearing Agenda Item 3 Page 2 On August 5, 1992 the HPB conducted a preliminary evaluation to determine the effect the amendment would have on the Designation Report, on which Ordinance 70-89 is based. The preliminary evaluation revealed that the amendment conformed to the Designation Report, with one exception, pursuant to Section 4 .5. 1(C) (3) (b) of the LDRs which pertains to floor area, density and height. The HPB was also of the opinion that the amendment would not negatively effect the historic house to the west of A-I-A, or the historic site as a whole. The applicant was advised to proceed with a Public Hearing. Pursuant to Section 2 .4 .2(B) ( 1) (b) a notice was sent to property owners within a 500 ' radius and was published in the Delray News on September 5, 1992 . If the HPB votes to approve the recommendation it will be sent to the City Commission at the next available meeting for their consideration. At the preliminary evaluation on August 5, 1992 the HPB was shown proposed style and design changes to the previously approved Sawaya residence. If the amendment is approved by the City Commission the applicant will return for a COA which will reflect the new design and the modifications necessary to accommodate the additional square feet. ANALYSIS * The proposed amendment, is reflected on page 5, paragraph B (3) of the Designation Report, which is attached. It is the staff's opinion that this change does not constitute a significant alteration to the Designation Report. * The addition of 850 square feet of gross floor will not effect the historic nature of the property. * The addition will be incorporated into the footprint of the approved site plan. POSSIBLE ACTION * Deny the recommendation, with reasons stated. * Approve the recommendation, based on the findings that the proposed amendment does not significantly alter the Public Hearing HPB Agenda Item 3 Page 3 Designation Report; and does not negatively impact the historic nature of the site as a whole. RECOMMENDED ACTION Approve the recommendation; and specify that approval by the City Commission does not constitute COA approval. It will be necessary for the applicant to return to the HPB for all exterior modifications . • rj 1-----; � [, r; (;fir 1� 1 i, f i Cam..,L L_.J t.] Li '{II J Li 9 .:r:L '•_.-L l..`L' L 100 N.t^:.1st AVENUE o DELRAY BEACH, FLORIDA 33444 • 407/243-7000 HISTORIC PRESERVATION BOARD PUBLIC NOTICE A request has been made by David Martin, Architect, authorized agent for Salah Sawaya, owner of the beach lot east of State Road A-I-A which is part of the Fontaine Fox Historic Site, to amend Ordinance No. 70-89 . Ordinance No. 70-89 is the instrument which designated the Fontaine Fox Historic Site to the Local Register of Historic Places . Section 2, Paragraph 2 of the Ordinance's Requirements of Designation, states that no dwelling used or developed on that portion of the Historic Site which lies east of State Road A-I-A shall contain more than two thousand and four hundred (2,400) square feet of gross floor area. The applicant is requesting an amendment to the Ordinance to allow an additional 850 square feet of gross floor area, resulting in a dwelling with a total of 3,250 gross square feet. Pursuant to Section 4 .5. 1(C) (3) (b) of the Land Development Regulations, the Historic Preservation Board conducted a preliminary evaluation and was of the opinion that the requested amendment generally conforms to the property's designation report, on which Ordinance No. 70-89 is based. The subject dwelling is located on the first lot north of the Public Beach on the east side of State Road A-I-A and is part of the Fontaine Fox Historic Site. The property is legally described as follows : Lot 1 of the Ocean Apple Estates, a replat of a portion of the revised plat of Blocks D and E, Palm Beach Shore Acres as recorded in Plat Book 65, Page 100 of Public Records of Palm Beach County, Florida. The street address of the Fontaine Fox Historic Site is 610 N. Ocean Boulevard. Pursuant to Section 2.4 .2(B) ( 1) (b) of the Land Development Regulations, the owners of all property located within a 500 ' radius of the subject property are being notified of this request. THE EFFORT ALWAYS MATTERS • Historic Preservation Board Public Notice Page 2 The Historic Preservation Board will conduct a public hearing for the purpose of obtaining public input on the proposed amendment to Ordinance No. 70-89 on Wednesday, September 16, 1992 at 6 : 00 PM in the First Floor Conference Room at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, and all persons interested will be given an opportunity to be heard. Please be advised that if a person or persons decides to appeal any decision made by the Historic Preservation Board with respect to any matter considered at this meeting or hearing, such persons will need a record of the proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which to appeal is to be based. The City does not provide or prepare such record. Pursuant to F.S. , 286 .0105 . If you would like further information with regard to how this proposed amendment 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 . • 100 N.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. THE E_FORT A!V AYS MATTE=S 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-‘61 Patricia Cayce Historic Preservation Planner • • )RDINAN:.E NO. 7:-89 • AN ORDINANCE OF THE CITY COMMISSION OF THE CITY z'IF 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 ?ITE; PROVIDING FOR CERTAIN REQUIREMENTS OF DESIGNA- TION; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, LORIDA,DESIGNATION;' TO SHOW,PROVIDING A IN AN NON- OVERLAY MANNER SAID 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 i 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 de public spoke in tion of the opposit on to theoperty as an historic designationtof which the no member. of the p 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 sub in t to certain the nomination/design and and waivers proposed by the owner/applicant report; and WHEREAS, the City Commission of the City of Delray Beach has cductediae Houseas duly noticed public historichearing in 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 nnofdevelopment of this , the following ing requirements shall apply to the 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 Delray ti 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 an 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 B-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 tha 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: , This instrument was prepared by: City 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 2 ORD. NO. 70-89 lir STATEMENT OF JUSTIFICATION Date: AUGUST 31 , 1992 To : CITY OF DELRAY BEACH HISTORIC PERSERVATION BOARD Re : VARIANCE REQUEST 615 N. OCEAN MR. & MRS . SAWAYA RESIDENCE FORMERLY MR.& MRS . WILSON RESIDENCE The house was originally designed as a beach cottage for Mr . & Mrs . Rod Wilson, who were living in the main house west of AlA. A complete set of working drawings was executed for the Wilsons , and a building permit was issued. Since then the beach front property was put on the market , and subsequently sold to Mr . & Mrs Sawaya. The building permit was part of the package purchased by the new owner , Mr . & Mrs . Sawaya. Mr .& Mrs . Sawaya then retained Architect David Martin to customize the house to meet their needs . Since certain variances were obtained by the Wilsons , these variances necessitated any change or plan revision be accomplished within the footprint of the original house , which was done accordingly. In addition, the City created ordinance 70-89 , which states that a residence on this property east of AlA be limited to 2, 400 square feet . The original proposed design met this criteria, however , the original plan contained only two bedrooms and a very small kitchen. The proposed new plan contains 850 square feet of additional living space , which allows three bedrooms , a larger kitchen and master suite , and the addition of a music/ library room off the living room. Due to major concerns regarding the high maintenance of a wood siding exterior and wood shake roof , the new house proposes the use of stucco finish on exterior masonry block wall and tile roof , in a traditional bermuda southeast Florida vernacular more in keeping with beach front homes from Boca Raton to Palm Beach, therefore, having minimum impact on this historical site . It is important to point out in your consideration, beach front homes in the immediate area average approximately 7 , 500 square feet of gross living area, while the proposed residence before you contains 3 , 250 square feet of gross living area. Also the lir . property to the south is city owned beach property where no residence will ever be constructed . In addition, the north elevation is quite narrow (barely over 20 feet ) , which again minimumly impacts the properties to the north . In summary , the additional 850 square feet of living area should be granted to Mr . & Mrs Sawaya, parents of a boy and a girl , age eight and five respectively , so the new house will fulfill their family ' s need . MR. SAVAYA OIL- Date AUTHORIZED AGENT c : \wp\AK\VARIANCE. 6l5 A • . , , • • - „ . . ... . ., .. .. . ... DESIGNATION REPORT • :. . - • •.,i _ . . . . . • . . . . • - . • - • . Fox House (a.k.a. Ocean Apple Estates) . • 610 N. Ocean Boulevard • , e y• 4.7.,,-....._,„„....r. t,; -4.:,., - - ,,.-,-.,.:.-. .waA .-,...-.c, -.: --74E-g...1,7,„,,....r ,.,„ •••sox-.i-405- r.!A 16.:,-.-9 7•••••*".,. sib::'-'-',-. . -- - 1% --.'4•' I.:-. .:,••,, :,.•--- '•••• ' 4_11.:•t: - 31•A.,••.Pi- -•;','.2,-. :•!,7....••, . .I. L.AP • I s s --.z..... -,-:-."--..74._z:_... .•• 41.1t!),i_.::::::::.•..•.:,••.:'.•tiej Li.••,,,),.• .-•-•% -.:::k'''.-. - di' ll•r •--- :1.• .-.-:-• t . _., ..,,li. --:-,...-:-_-...'--..:::-----.4'....1.- .....-.-r-1•0 7.-.:''''...-1,-,- `:,"F.:." 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THE FOX HOUSE _ aka "OCEAN APPLE ESTATE", 610 N. Ocean Boulevard,, Delray Beach I. PURPOSE • The purpose of designating-.a � Fox.-House;---61Q�SL Ocean. ouleyard,._ _ _ to the Delray Beach Local Register of Historic Places is -to preserve the architectural and cultural significance of one of the City's most distinctive private residential- oceanfront estates, which is popularly known as the "Ocean Apple Estate" (hereinafter the "Subject Property") . A nomination for designation has been filed and considered by the Board (See Exhibit A) and a public hearing held pursuant to Chapter 174 of the City of Delray Beach Zoning Code. II. LOCATION - ay The Subject Property is located at 610 N. iOcean eanpBoulevardlDelr onBeach. It is 2.5 acres more or less athe oceanward and landward sides of State Road A-1-A. The Subject Property extends from the Atlantic Ocean to Andrews Boulevard. The legal description of the Subject Property is described in Exhibit B. III. HISTORICAL AND ARCHITECTURAL SIGNIFICANCE The house is significant because of its architectural style, the man who first owned the Property and the man who designed the improvements. The house was originally constructed or y J and owned by Fontaine Fox, a world-famous cartoonist. it represents one of a few remaining "beach" cottages reflecting the Cape Cod bungalow style typical of houses built on North Ocean Boulevard from Delray/Gulfstream to Manalapan. The Owner: Fontaine Fox In 1933, Fontaine Fox began purchasing the land for what would be known as 610 North Ocean Boulevard. By 1934, he owned all of lots 1, 2, 3, 4 and the north half of lot 5 of Palm Beach Shore Acres. The house itself is located on lot 3 and the north half of lot 4. Fontaine Fox commissioned John Volk, a personal friend, to design a house on North Ocean Boulevard. Fox, a cartoonist of both national and international acclaim, was best known for,his cartoon "Toonerville Trolley" . Launched in edi 1916, the cartoon was syndicated throughout' the world, appearing in several languages. - - - 1 Born in 1884 in Louisville,--Kentucky, - Fox began•hiscareer--as a cartoonist in grammarat theo school, continuing Herald throughout oatreporterh hand when he began working �:: cartoonist. After two years of study at the Uni:vetsity of Indiana where he studied and drew cartoons part-time, he -returned to Kentucky to work at the Louisville Times until the Chicago Post gave him national recognition and distribution :in 1915. Much of the small town subject matter for his cartoons came from people he knew in then suburban/rural Louisville. He moved to Delray in __ 1931, after having visited there in the 1920's. Fox, in coming to Delray, joined a number of well known artists and writers who -- by making Delray their home -- created an artists and writers colony. These people included the cartoonist Herb Roth (whose cartoons reflected_life in Delray) , Wood Cowan, writers Hugh McNair Kahler, Clarence Buddington Kelland, Nina Wilcox Putnam (whose articles published in Good Housekeeping magazine were illustrated by another Delray resident Anita Brown) and poet Edna St. Vincent Millay. Fox made his studio on the second floor of the Arcade Tap Room, the hub of winter activity in the town of Delray. He ultimately built two homes on North Ocean Boulevard. He was an accomplished golfer and the author of several which was nd b ared islones, including a series which ran in many papers narrow escape in 1939 from war-torn Europe. During the war he was a member of the Division of Pictorial Publicity. In 1951, Fontaine Fox sold the house at 610 North Ocean Boulevard to Alfred and Anne C. Hart. (Alfred died in 1958, and Anne C. Hart ultimately became Anne Hart Mott of the Mott Applesauce family.) Fox formally retired in 1954 and died at his home in Greenwich, Connecticut in 1964. The Delray Beach Historical Society recently honored him at an exhibit shown at the "Cason Cottage" Museum. The Architect: John Volk • In the late 1930's, Fontaine Fox, having had a long-term friendship with John Volk, commissioned him to design the house at 610 North Ocean Boulevard. Volk was also the architect of Fox's home just north elarea - several includingheOceanlocated Boulevards immediate Delray/Gulfstream y/Gulfstream Seabreeze, and Palm Trail. Born in 1901 in Austria, Volk came to the United States when he was nine years old. He was a student at Columbia University School of Architecture as well as the world renowned Ecole des Beaux Arts in Paris. Volk continued to design homes until his death in 1984. John Volk arrived in Palm Beach in 1925 while Addison Mizner was building Spanish and Mediterranean style mansions for wealthy 2 A prolific architect, he designed over; 1,..000 _houses, families. d - theatres, and buildings people commissioned him to design their most powerful and wealthy people homes, including William Paley, George Vanderbilt, Henry Ford II;, Herbert Pulitzer, Horace Dodge II, and John Phipps. Volk has often been called the last of the Maurice Fatiol Palm and Marion Beach architects which included Addison Mizner, Sims Wyeth. In 1926, he formed a partnership with Gustav Maas which lasted almost ten years. Volk's homes, which number several hundred scattered along the coast, covered a broad range of designs from Spanish and Italian motifs to Normandy, Bermuda, Regent, Classical Oriental, bungalow, and what he called British Colonial. Known to have "broken the excesses�� of the Mediterranean style after the Depression, Volk began designing British Colonial houses that could be built for forty-five cents a square foot versus two dollars per square foot for the Spanish mansions. He related in an article in Architectural Digest in 1972, "when the market crashed and the Depression followed, there wasn't a client in sight who wanted to build the elaborate Spanish house.a show of theire was money. okIt wasoduring se who weren't, didn't want to make this period that the houses along North Ocean Boulevard were designed. Volk designed some of the most prominent buildings in the area, including the First National Bank building in Palm Beach, the Royal Poinciana Plaza and Playhouse (which opened in 1950, becoming the first new professional theatre to be built in the United States since the Ethel Barrymore and the Adeiphi Theatres opened their doors in 1928) , the galleries and theatre for the Society of the Four Arts, part of the Town Hall of Palm Beach, the Beach Club, Phipps Oenza, and Good Samaritan Hospital. In later years, he designed Paradise Island and was involved in early development of planned golf course communities such as Port Royale in Naples and Old Port Cove in North Palm Beach. During the Mott family' s ownership, the southerly portions of the land seaward of State Road A-1-A were conveyed to the City of Delray Beach in support of a beach stabilization and renourishment program. Recently the City Commission of the City of Delray Beach voted to convey ten feet along the southerly border of the Subject Property east of State Road A back to the owner's proposal ntoproper plat to owner as a part of the property buildable lot on the east side of State Road A-1-A. IV. PRESENT USE, CONDITION AND ZONING A. Present Use 3 " The Subject PropertY' "is improved with a' two bedrodm principal- = _ residence, garage, swimming pool and three small guest cottages. The improvements were designed by renowned architect John Volk and was originally constructed in 1934. The improvements-to the Subject Property have been renovated in accordance with the architectural theme and character of the original- design of the principal residence and the other improvements. B. . Condition _ The structure is in very good condition. C. zoning The current zoning of the Subject Property is R-1-AA. The Nomination submitted by the owner is subject to proposed conditional zoning regulations. V. IMPACT This designation is being made at the request of the owner of the Subject Property. VI. RESOLUTION The Historic Preservation as ofollows:of the City of Delray Beach hereby finds and determines A. The Nomination for designation-: of the Fox House as an historic site is appropriate and conforms with the standards and criteria of Chapter 174: Historic Preservation of the City of Delray Beach Code. B. The Subject Property is appropriate for designation as an historic site because: 1) The Subject Property is associated with the life or activities of a person of major importance to city, regional and national history in that the Subject Property served as a residence of famed cartoonist Fontaine Fox, a notable person in the history of the City of Delray Beach and the country. The Subject Property also served as a residence for the Mott family of applesauce fame; 2) The Subject Property exemplifies the social and historical trends of the community in that the principal residence represents a lifestyle, quality of life and architectural character that once typified seasonal living in South Florida; y 4 • 3) The principal residence on the Subject . Property has architectural and aesthetic significance in that: a) The building portrays the materials -and, design of, an era of distinctive architectural stye, to wit,,: . . natural wood reflective of tradzt_ional cypress • construction. b) The building reflects distinguishing characteristics of a style, period and method of construction, to wit, the building is reflective of traditional South Florida cypress homes that are no longer. extant. c) The building was designed by renowned Florida architect John Volk and represents one of the finest examples of this style and type of residential design by Mr. Volk. - d) The building contains design, detail, material and craftsmanship of an outstanding quality which represented, in its time, a significant innovation in adaptive design for the South Florida environment. B. Such designation should be conditioned upon the adoption of the following zoning regulations: 1) notwithstanding the fact that the minimum lot size requirements of the R-1-AA District and the existing number of platted lots that make up the Subject Property would allow more than three (3) dwelling units, the total number of dwelling units that can be developed on the Subject Property shall not exceed three (3) ; 2) notwithstanding the minimum lot dimension requirements of the R-1-AA District, a single family detached dwelling may be constructed on the Subject Property east of State Road A-1-A, provided that the dwelling is constructed within the area designated by building lines depicted on Exhibit C attached to the Nomination, to wit no portion of the dwelling is constructed within five (5) feet of the north and south property lines; 3) notwithstanding any provision of the City of Delray Beach Code, the single family dwelling which may be constructed on the Subject Property east of State Road A-i-A through the Subject Property may not exceed twenty four hundred (2400) square feet; and 4) notwithstanding any provision of the City of Delray Beach Code, the right-of-way of State Road A-i-A shall be sixty (60) feet and no reservation of right of way in excess 5 of the east half of sixty (60) feet sha4. -be-required-as->= -- a condition of development east -of State 1' ad A-i-A. C. The Subject Property is unique' in regard to=a confluence= =- of circumstances that render it poterLtially unbuildableunder the current provisions of the R-1-A1District: D. The construction of a single family dwelling on the land east of State Road A-1-A is consistent with the goals and purposes of the City of Delray Zoning Beach Code. E. There is no other lot in the same zoning district that suffers from the same confluence of circumstances and the conditions and circumstances are peculiar to the Subject Property. These unique circumstances include: - a) the property being the southernmost of a long series of oceanfront lots which are improved with residences, b) the granting of an easement for public beach use over a substantial portion of the lot in support of a public program of beach stabilization and renourishment, and c) the establishment of an erosion control line divesting the owner of technical title to a substantial amount of. land area between the mean high tide line and the erosion control line to which the property owner retains riparian rights. F. Absent the conditional zoning regulations, the property owner will be deprived of the rights enjoyed by other properties in the same zoning district. G. 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Fox House, main residence, south side with guest cottage. FINDINGS OF FACT HPB MEETING SEPTEMBER 16 , 1992 PUBLIC HEARING: Request for Variance NO. 88-27 Rodney Crice, A. Grant Thornbrough & Associates , authorized agent for Ronald Turner, owner of 401 N. E . 2nd Avenue, Del-Ida Park Historic District. ITEM BEFORE THE BOARD Variances for relief from: 1 Section 4 . 6 . 9 (D) (4 ) (d) which requires a 24 ' aisle width for perpendicular parking. Aisle widths provided are 22 ' and 18 ' . The request was denied 5-1 ; based on failure to make positive findings with respect to criteria contained in 2 . 3 . 7 (A) (5 ) , that special conditions and circumstances exist; and Section 4 . 5 . 1 (J) , that a variance is necessary to maintain the historic character of the property. 2 Section 4 . 6 . 9 (D) ( 8) (a) which requires parking lots to be improved with a paved or hard surface. A pea rock surface is provided. Approved 6-0 with the following conditions : Parking spaces must be clearly market with wheel stops . A minimum 6" compacted subgrade and 6" shellrock base be installed in the parking area and otherwise meet city Engineering Department standards . All tree stumps be removed from the parking area and suitable backfill material be installed. HISTORIC PRESERVATION BOARD bITY OF DELRAY BEACH --- STAFF REPORT --- Arm DATE: September 2, 1992 AGENDA ITEM: 4L ITEM: Robert Turner's Blulding- Site Plan Modification, Landscaping, COA, and Variances\-1' ) \*/' '‘`r.L). I _ N.E. 5TH ST. Q — c Z M N:t 0 I- Z N V:* i4i } _ in 3 ( V N.E. 4TH ST. 4i i •---- • • J Q W CC Z W NERAL DATA: Owner Robert and Joann Turner Agent Rodney Crice A. Grant Thornbrough & Assoc. Location Northeast corner of N.E. 4th Street and N.E. 2nd Avenue. Property Size 0 287 Acres City Land Use Plan Transitional City Zoning RO (Residential/Office) Adjacent Zoning North: RL (Multi-Family, Low density) East: RO South: CBD (Central Business District) West: RO Existing Land Use 9 unit apartment building and garage. Proposed Land Use Upgrade parking, landscape improvements, addition of masonry wall and conversion of garage area to office space. Water Service Existing 6" water main along N.E. 2nd Avenue and an existing 6" line along N.E. 4th Street. Sewer Service Existing 8" sanitary sewer line along N.E. 2nd Avenue and an existing 8" line along N.E. 4th Street. :11: M.E. 'i ST. ' MIN go . {'~ W E*#+' N.E. STH TERRACE Z 8 ____ 4 W[ I 1 ] 1 ..: . i N.E. STH CT. • 1 P411114sv kJ ` z JR Z <��< La N.E. STH ST. ' t �, tf ' ii. .._.. L, N.E. 4TH ST' 61. —� r-- -, 7 . - Mil : a t.; - MI : - iii . � ^ 1111 z N.E. IRO Z ' H 3 0 . , i _ I .ROBERT TURNER'S i BUILDING I - (401 N.E. 2ND AVE.) 1 -- ,!,,,..:1,..„. N.E. 2N0 ITEM BEFORE THE BOARD : The item before the Board is consideration of the following aspects of the site plan as they pertain to property located at 401 N.E. 2nd Avenue (Robert Turner's Building) : * a minor site plan modification * landscape plan * COA 8-#190 * HPB Variance # 88-27 The subject property is located at the northeast corner of N.E. 4th Street and N.E. 2nd Avenue. BACKGROUND : The subject property encompasses Lots 3 and 4, Block 7, Del-Ida Park subdivision. This property has an extensive history as far back as 1925. The existing 8 unit apartment building is a Mediterranean Revival style structure which was constructed in 1925. The existing garage/apartment structure is also Mediterranean Revival and was constructed in 1935. The most recent land use activity on the property is explained in the following paragraphs. During a weekend in May of 1991, the current property owner, Bob Turner, removed a fairly large landscape area at the southwest corner of the property, installed shell rock both on the property and in the N.E. 2nd Avenue right-of-way and installed a 6 ' chain link fence along 2nd Avenue and 4th Street. The above changes were made without obtaining a Certificate of Appropriateness (COA) or a building permit. The following Monday, Mr. Turner submitted a building permit application to the City' s Community Improvement Department to get approval to allow the work that was completed over the previous weekend. At that time the applicant was made aware that the changes to the site constituted a site plan modification. On July 17th a request for a site plan modification was received. At that time, a determination was made that the changes constituted a minor site plan modification, which required submittal of an application for site plan approval, an application for a COA and a $500 application fee. A letter was transmitted to the applicant explaining the same. Processing of the request would proceed once the requested information was received. On August 16th, the Code Enforcement Division issued a Violation Notice for a number of items including the work that was completed without a permit. HPB Staff Report Robert Turner' s Building Major Site Plan Modification Page 2 On April 15, 1992, an application for a minor site plan modification was received. The request included: * Redesign of an 8 space paved parking lot with associated landscaping. * Installation of a 3' high picket fence along N.E. 4th Street and N.E. 2nd Avenue and upgrading the landscaping on the site. * Relocating the driveway from N.E. 4th Avenue to N.E. 2nd Avenue. * Relocating an existing underground natural gas tank from the proposed parking area to the rear yard. At its meeting of June 3, 1992, the Historic Preservation Board approved the minor site plan modification. These improvements have not been installed. On July 7, 1992, the Planning and Zoning Department received applications for a major site plan modification and a COA from the Historic Preservation Board. The applicant has also requested variances from the following LDR sections: * Section 4 .6 . 9 (D) (4) (d) Standard Aisle Width * Section 4 .6 .9 (D) (3) (b) Minimum Width at Street Intersection * Section 4 . 6 .9 (D) (8) (a) Parking Surface A waiver of Section 4 .6 . 16(H) (3) (f) Perimeter Landscaping, has also been requested from the City Commission. PROJECT DESCRIPTION : The development proposal incorporates the following: * Redesign of the parking lot to accommodate 18 parking spaces * Relocation of the entrance from NE 4th Street to NE 2nd Avenue * Addition of curbing around the perimeter of the parking lot * Addition of a 3" masonry wall along the south and west property lines * Modifications to landscaping, including a reduction of the previously approved landscape buffers HPB Staff Report Robert Turner's Building Major Site Plan Modification Page 3 * Relocation of the existing underground gas tank from the parking lot to the rear yard * Relocation of an existing fire hydrant to accommodate the new position of the entrance to the parking lot from 2nd Avenue * Conversion of existing garage doors facing 4th St. to doors and windows with awnings These improvements are to be conducted to provide adequate parking for the existing multiple-family use, as well as additional parking for potential conversion of the existing structures to office use, as allowed under RO zoning. SITE AND LANDSCAPE PLAN ANALYSIS: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3. 1. 1 (Required Findings) , prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report, or Minutes . Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map Compatibility; Concurrency; Comprehensive Plan Consistency; and, Compliance with Local Development Regulations (LDRs) . 1. Future Land Use Map: (The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation) . The subject property has a Land Use Plan designation of Transitional and a RO (Residential Office) zoning designation. Pursuant to Section 4 .4 . 17(B) , multiple family structures are not an allowed use within the RO zone district. However, the existing multiple family use was established when the site was developed and is recognized as a nonconforming use. Pursuant to Section 1.3.5 (Nonconforming Uses of Structures and Land) , where lawful use of a structure and land existed on September 1, 1990, that would not now be allowed, the use of a structure and land may be continued subject to the following provisions: (A) The nonconforming use may be extended internally throughout any part of the structure, provided the use is not extended to occupy any land outside the existing structure. (B) When a nonconforming use is discontinued or abandoned for a continuous period of 180 days, every subsequent use shall HPB Staff Report Robert Turner's Building Major Site Plan Modification Page 4 be in conformity with the requirements for the zoning district in which it is located. (C) Should the structure involving a nonconforming use be destroyed by any means to an extent exceeding 50% of its replacement cost, such structure shall not be reconstructed except in conformance with both the development and use requirements for the zoning district in which it is located. With the proposed modification, there will be no increase in the nonconforming residential use area, or number of units. The use has not been discontinued or abandoned, and proposed repairs to the structure do not exceed 50% of the replacement value. A conversion of four garage spaces to 497 square feet of office space is included in this proposal. Office uses are permitted under RO zoning. Therefore the conversion does not constitute an expansion of the non-conforming use. Based upon the above, a positive finding with respect to the future land use map can be made. 2. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service as established within the Comprehensive Plan. For sewer and water, concurrency shall mean that direct connection to a functioning municipal system is made. For streets(traffic) , drainage, open space (parks) , and solid waste concurrency shall be determined by the following: * the improvement is in place prior to issuance of the occupancy permit; * the improvement is bonded, as part of the subdivision improvements agreement or similar instrument, and there is a schedule of completion in the bonding agreement; * the improvement is part of a governmental capital improvement budget; it has been designed; and a contract for installation has been solicited. Traffic: This proposal includes the conversion of existing garages to office use. The City Traffic Engineer has determined that the number of daily trips that will be generated by the offices will be approximately 14 . Adequate capacity is available on 2nd Avenue and 4th Street to accommodate new traffic from this proposal . HPB Staff Report Robert Turner' s Building Major Site Plan Modification Page 5 Water: Water service is currently provided by a 6" main in NE 2nd Avenue. Fire suppression is available from an existing fire hydrant at the corner of NE 4th Street and NE 2nd Avenue. In order to accommodate the driveway on 2nd Avenue, the hydrant will be relocated to the south of the new driveway. No main extensions will be necessary to serve this development proposal. Sewer: Sewer service is currently provided by an 8" main in NE 2nd Avenue. No main extensions or upgrading will be necessary to serve this development proposal. Parks: No new dwelling units are created by this proposal. Therefore, no additional demand for parks will be created by this development. Solid Waste: Trash generation by the addition of 497 square feet of office space is not significant with respect to level of service standards . Consistency: Pursuant to Section 3 .3. 1 (Basis for Determining Consistency) , the performance standards set forth in Section 3 .3 .3 (Standards for Site Plan Actions) along with compliance to Section 2 .4 .5(F) (5) (General Compatibility and Harmony with Adjacent Properties) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making of a finding of overall consistency. The applicable performance standards of Section 3.3.3 and other policies which apply are as follows: Standards for Site Plan Action A) Building design, landscaping, and lighting shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. (Traffic Element C-1.2) There are no building additions associated with the development proposal. The proposed landscaping will not affect visibility as it pertains to traffic circulation. The conversion of the four garages to office space and the relocation of the driveway to 2nd Avenue will eliminate five access points to 4th Street which currently have very poor visibility. No additional lighting is proposed. HPB Staff Report Robert Turner's Building Major Site Plan Modification Page 6 B) Appropriate separation of traveiways is made for vehicles, bicycles and pedestrians in a manner consistent with Objective D-1 of the Traffic Element. Pedestrian access to the existing apartment building is provided from the parking lot only via an existing sidewalk along 2nd Avenue. Access to the future offices will be constructed in conjunction with improvements to NE 4th Street in fiscal year 92-93. C) Open Space Enhancements This standard does not apply in that it deals with retaining existing vistas. D) That any street widening associated with the development shall not be detrimental upon desired character and cohesiveness of affected residential areas. (Housing Element A-6 . 1) There is no street widening associated with this development. The standard does not apply. E) Development of vacant land consistent with adjacent development This standard does not apply in that the subject property is already developed. F) Appropriateness of future use and intensity of the development of vacant property This standard does not apply in that the subject property is already developed. G) Demographic Mixture re Adult Communities This standard does not apply. H) Compatibility and harmony with nearby properties. Although the conversion of garages to office space is permitted under RO zoning, the conversion represents an intensification of a site which currently has a residential density which equals to 31 units per acre. Further intensification of this site may not be appropriate. Section 4 .4 . 17(H) ( 1) requires that all buildings and structures in RO zoning districts shall appear to be residential in character and compatible with surrounding area. The conversion of the garages would create storefront offices with a zero setback to NE 4th street and to the adjacent property to the east. This conversion would be neither residential in character nor compatible with the area. HPB Staff Report Robert Turner's Building Major Site Plan Modification Page 7 This development proposal may negatively impact the adjacent residential properties. Compliance with Land Development Regulations: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. Parking: There are 9 one bedroom apartments and 12 parking spaces (8 garage, 4 parking lot) existing on-site. Pursuant to Section 4 .6 .9(C) (2) (c) , a one bedroom dwelling unit requires 1.5 spaces per unit plus .5 spaces per unit for guest parking. Thus, 18 parking spaces are required per current codes . The existing parking lot is nonconforming with respect to the number of spaces required and to parking lot design standards. The current proposal would eliminate 4 garage spaces and create a demand for 2 additional spaces to serve the new office space. Per LDR Section 4 .6.9(B) , parking spaces need to be provided for any new use area and to replace any spaces which are eliminated. This would require the addition of 6 spaces to this site. Six (6) spaces would be added to the existing 12 with this proposal. Some of the parking spaces within the garage are being utilized for storage. On August 16, 1992, a Violation Notice was issued which stated that the required parking spaces are to be accessible at all times. Thus, the items being stored with the garages must be removed so the spaces can be utilized for parking purposes. The applicant has submitted a Grading, Paving and Drainage Plan prepared by a Registered Engineer. Variances : With this development proposal, there is a request for variances (No. 88-27) to several LDR sections referring to parking lot design standards. * Section 4 .6 .9(D) (4) (d) Standard Aisle Width * Section 4 .6 .9(D) (3) (b) Minimum Width at Street Intersection * Section 4 . 6 .9(D) (8) (a) Parking Surface An analysis of the requested variances is presented on the following page. HPB Staff Report Robert Turner' s Building Major Site Plan Modification Page 8 Open Space: Pursuant to Section 4 .3 .4(K) , 25% of non-vehicular open space is required and 25. 8% has been provided. Landscaping: Per Section 4.6 . 16(H) (3) (a) , a minimum 5' landscape buffer must be provided between vehicular use areas of multi-family residential sites and adjacent properties. A 2 ' buffer is provided between the parking lot and the property to the east of the site. The applicant has requested a waiver of Section 4 .4 . 16 (H) (3) (a) . All other landscaping requirements have been satisfactorily fulfilled. Variance Analysis: With this development proposal, there is a request for variances (No. 88-27) to several LDR sections referring to parking lot design standards. * Section 4 . 6 .9(D) (4) (d) Standard Aisle Width A 24 ' minimum aisle width is required by code. The proposed aisle widths are 22 ' for the east-west aisle and 18 ' for the north-south aisle. Basis for the Variance: The agent's letter of request states the following two reasons for granting this variance: 1. The variance is necessary in order to provide adequate parking per LDR requirements for the existing residential units. 2 . The proposed variance is necessary to provide adequate parking for future conversion of the site to office use. Staff responses to each of the above stated bases for this variance follow: 1. The current parking lot is an existing nonconforming situation. The owner is not required by any LDR section to increase available parking for the existing uses. 2 . Conversion of the site to office use is a self-imposed condition. Section 2 .4 .7(A) (5) (c) states that special conditions required for approval of a variance must not have resulted from the actions of the applicant. The Traffic Engineer indicates that the 18 ' aisle width proposed would create an unsafe situation with respect to access and egress from the four spaces north of the garage. Therefore the HPB Staff Report Robert Turner' s Building Major Site Plan Modification Page 9 requested variance would be detrimental to public welfare [Section 2 .4 .7 (A) (5) ] and safety [4.5. 1(J) ] . Further, Section 4 .5. 1(J) ( 1) (c) requires that the Board make a finding that the "Literal interpretation of the existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character of the historic district or historic site. " The requested variance and the justifications for it refer only to parking considerations, rather than preservation of historic character. * Section 4 .6 .9 (D) (3) (b) Minimum Width at Street Intersection A 20 ' width is proposed. 24 ' is the required standard. However, Section 4 .6 .9 (D) (3) (b) also provides for a reduction of the width to 20' if ADT for the lot is less than 200 . The traffic engineer has determined the ADT for this lot to be 77 . Therefore a variance is not necessary for this Section. * Section 4 .6 .9(D) (8) (a) Parking Surface A pea gravel surface is proposed, rather than a paved surface, as required by code. Basis for the Variance: The agent's letter of request states the following three reasons for granting this variance: 1. A pea gravel surface is permitted for parking lots with less than 12 spaces . Although the proposed lot has a total of 18 spaces, only 11 are to be provided in pea gravel. 2. Paving the lot with asphalt would have a detrimental effect on the historic character of the site. 3. A deep swale along the south property line to accommodate drainage from a paved lot, further damaging the site's historic character. Staff is in support of this variance, subject to the conditions stated in the Recommended Action section of this report. A variance to Section 4 .6 .9(D) (3) (c) will also be required for this site. This variance will be considered at a future meeting. OTHER I T E M S : A 3 ' high masonry wall is proposed along N.E. 4th Street and N.E. 2nd Avenue. A masonry wall of this type is consistent with the Design Guidelines for the Mediterranean Revival Style, HPB Staff Report Robert Turner's Building Major Site Plan Modification Page 10 CODE VIOLATIONS : The following information, regarding the status of existing code violations related to this property, is being provided pursuant to direction given to the Planning and Zoning Department by the City Commission. These violations may be considered by the Board in its review of this development proposal, however, the Board is not compelled to base any of its decisions on this information. A Violation Notice was issued on August 15, 1991. The Notice outlined a number of code violations. As of June 24, 1992 the following violations are currently outstanding: 1. Land Development Regulations Chapter 7; Section 7 . 1.3(A) ( 103. 1. 1) & ( 103.8.6) which requires obtaining permits and inspections including approval from historic board for fence and parking lot prior to making improvements. 2 . Land Development Regulations Chapter 7; Section 7 . 1 .3(A) ( 1106 . 1.2) , which requires interior exit stairs shall be protected with ( 1) hour protection construction. 3. Land Development Regulations Chapter 7; Section 7.4 . 1(302) , which requires sanitary facilities shall be in good working condition. 4 . Land Development Regulations Chapter 7; Section 7 .4 . 1(302.4) , which requires water, heating facilities shall be in good working condition. 5. Land Development Regulations Chapter 7; Section 7 .4 . 1(302 .7) , which requires garbage disposal containers to be provided. 6 . Land Development Regulations Chapter 7; Section 7 .4 . 1(302 .9) , which requires every dwelling unit shall have an approved smoke detector. 7 . Land Development Regulations Chapter 7; Section 7 .4 . 1(304) , which requires electrical system to be in accordance with the National Electric Code. 8. Land Development Regulations Chapter 7; Section 7 .4 . 1(305.5) , which requires stairs, porches and appurtenances shall be safe to use and in sound condition. 9 . Land Development Regulations Chapter 7; Section 7 . 4 . 1(305.7) which requires every window shall be weather tight and in sound working condition. 10. Land Development Regulations Chapter 7; Section 7 .4 . 1(305. 13) which requires screens on all exterior openable windows and doors when unit does not have a central A/C system. HPB Staff Report Robert Turner' s Building Major Site Plan Modification Page 11 11. Land Development Regulations Chapter 7; Section 7 .4 . 1(305 . 16) which requires interior floors, walls and ceilings shall be in sound condition. 12 . Land Development Regulations Chapter 7; Section 7 .4 . 1(307 .3) which requires garbage containers to be properly utilized and to contain all rubbish generated on the property. Items 1 and 5 were addressed in a previous site plan modification approval. Site plan approval has been granted, but the applicant has not yet obtained building permits from the Community Improvement Department corresponding with the approved site plan. The permit application has not been submitted as of August 25, 1992. The remaining violations were to be corrected by June 24, 1992 . Pursuant to the Code Enforcement Board Order, the violations had not been corrected by June 14th, a $25 per diem shall be reinstated until final compliance is achieved. In addition, any accrued but unassessed fine shall be presented to the Code Enforcement Board to record as a lien against the property. There shall be a presumption of noncompliance unless the violator notifies the Code Enforcement Division of compliance on a timely basis. Therefore, once the violations are corrected, the property owner should contact the Code Enforcement Division. REV I E W BY O T H E R S : Community Redevelopment Agency The subject property is located within the City' s Community Redevelopment Area, thus requiring review of the development proposal by the C.R.A. The C.R.A. meeting of August 20, 1992, at which the proposal was scheduled for discussion was canceled. The Agency has rescheduled its review of the site for its September 3, 1992 meeting. Homeowner's Associations Special notice was provided to the Del-Ida Park and Dell Park Homeowner' s Associations . Letters of objection, if any, will be presented at the Historic Preservation Board meeting. ASSESSMENT : The existing multiple family structure is a legal nonconforming use, in that it was established and has been operating prior to September 1, 1990. Addition of office space to the site would not expand the nonconformity per se. HPB Staff Report Robert Turner' s Building • Major Site Plan Modification • Page 12 However, the addition of office uses and additional parking spaces would increase the intensity of use for an already very intense site. This increase in intensity is very likely to have a negative impact on the surrounding area. The addition of offices also conflicts with the requirements of the zoning district. While office uses are permitted in the RO zoning district, the proposed storefront type offices do not appear to be residential in nature, as required in the RO district. This conflict would also have a negative effect on nearby properties. The parking area is nonconforming with respect to the number of parking spaces provided (12) and design. The development proposal will provide a 4 additional spaces to meet current codes. However, the adding these spaces would require 4 variances and waivers to design requirements, as well as a reduction of landscaping and open space for an already intense site. ALTERNATIVE ACT I O N S : First take action on the variance requests; 1. Approve variance 88-27 based upon positive findings with respect to the criteria contained in Sections 2 .4 .7 (A) (5) and 4 .5 . 1(J) . 2 . Deny variance 88-27 based upon a failure to make positive findings with respect to the criteria contained in Sections 2 .4 .7(A) (5) and 4 .5 . 1(J) . Then take action on the site plan, landscape plan and COA 8-190; 1. Continue with direction and concurrence. 2 . Approve the site plan, landscape plan, and COA 8-190 . 3. Deny the site plan, landscape plan, and COA 8-180, with the basis stated. RECOMMEND E D ACT I O N : By Separate Motions: Variances and Waivers : A. •any a variance to Section 4 .6 . 9 (D) (4) (d) based on a failure to make positive findings with respect to criteria contained in 2 .4 .7(A) (5) and 4 .5 . 1(J) . HPB Staff Report Robert Turner' s Building Major Site Plan Modification Page 13 B. Approve a variance, with conditions, to Section 4 . 6 . 9 (D) (8) (a) based on positive findings with respect to criteria contained in 2 .4.7(A) (5) and 4 .5. 1(J) . Conditions of variance approval to 4 .6 .9 (D) (8) (a) to allow a pea gravel surface: * That the parking spaces be clearly marked. * That a minimum 6" compacted subgrade and 6" shellrock base be installed in the parking area and otherwise meet City Engineering Department standards. * That all tree stumps be removed from the parking area and suitable backfill material installed. Site Plan Modification: Deny the Site Plan Modification based upon a failure to make positive findings pursuant to Section 3. 1. 1 (Required Findings) with respect to Sections 2 .4 .5(F) (5) and 4 .4 . 17(H) (1) for Bob Turner's Building (401 N.E. 2nd Avenue) . Certificate of Appropriateness: Deny COA 8-#190 and the Landscape Plan based upon a failure to make positive findings pursuant to Sections 4 .5. 1(E) and 4 .6 . 16 for Bob Turner's Building (401 N.E. 2nd Avenue) . Attachments * Exhibit: Basis For Variances * Site Plan * Landscape Plan JDP/TURNER.DOC HPB Staff Report Robert Turner' s Building Major Site Plan Modification Page 14 EXHIBIT TO ROBERT TURNER'S BUILDING SITE PLAN STAFF REPORT BASIS FOR VARIANCES Pursuant to Section 2.4 .7(A) (5) , the Historic Preservation Board must make the following findings prior to granting a variance: (A) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings subject to the same zoning (The matter of economic hardship shall not constitute a basis for the granting of a variance) ; (B) That literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning; (C) That the special conditions and circumstances have not resulted from actions of the applicant; (D) That granting the variance will not confer into the applicant any special privilege that is denied to other lands, structures, and buildings under the same zoning. Neither the permitted, nor nonconforming use, of neighborhood lands, structures, or buildings under the same zoning shall be considered grounds for the issuance of a variance; (E) That the reasons set forth in the variance petition justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and, (F) That the granting of the variance will be in harmony with general purpose and intent of existing regulations, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Pursuant to Section 4.5. 1(J) , in addition to the above criteria, in acting on variance requests the Board shall also be guided by the following: (A) A variance would not be contrary to the public interest, safety or welfare. (B) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. HPB Staff Report Robert Turner' s Building Major Site Plan Modification Page 15 (C) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. 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INIKCK•'�L.JIt Jl \• i- Lilt ' 7-7 sr i A.GRANT TIORNBROUGII AND ASSOCIATES 7-8-92 Mr. Jeff Costello 17,E Planning Division 100 N.W. 1st. Avenue t% City of Delray Beach, FL Re: 401 N.E. 2nd Avenue ,=L - Dear Jeff, This letter is intended to satisfy the written statement requirement of the attatched applications. On June 3, 1992 at the regular meeting of the Historic Preservation Board of the City of Delray Beach, the Board approved an improvement plan for the existing apartment building located at 401 N.E. 2nd Avenue (item COA 8-180). The plan met all City codes and Land Development Regulations, except for number of parking spaces required, and yet did not adequately address the problems associated with the site. Attatched to this letter are all applicable requirements for the resubmission of a revised improvement plan that address the issues of insufficient parking and drainage. The applicant is formally requesting variances from LDR Sections 4.6.9 (D)(4)(d), Standard Aisle Width; Sec. 4.6.9 (D)(3)(b), Minimum Width at Street System Access; Sec. 4.6.9 (D)(8)(a), Parking Surface; and a waiver from Sec. 4.6.16 (H)(3)(f) Perimeter Landscape Requirements. These variances are addressed below. The existing site has insufficient parking for the current use (Multi-Family Rental Apartments). Code requires 18 spaces for this use. Although the approved plan technically contained 16 spaces, only 12 of these were usable. Three spaces opened onto 4th street, a hazardous situation, and one to two spaces were blocked by the required landscape island in the parking area. If the applicant were to build the plan as approved, the result would not have provided enough parking for the residents and cars would still be parking on the N.E. 2nd Aveue Right-of-Way. This is an undesirable and unsightly situation for both the owner and the City. Secondly, neither the existing parking nor the approved plan address the needs for any potential future change in building use. Potentially, the buildings could be combined office/residential use. The parking requirements for this use would be between 16 and 22 spaces [Section 4.4.17 (G)(2)J based on 6285 gross square feet of potential leasable space. Since it is impossible to achieve the required parking Landscape Architecture and Land Planning 132 North Swinton Avenue Delray Beach, FL 33444 (407)276-5050 Fax: 276-8777 -2- through the literal interpretation of the regulations, the applicant is deprived of the right to lease the building as an office space, a common use practiced by other properties within the same zoning district. [Sec. 2.4.7 (A) (5) (b)] The proposed plan requires variances from the code sections referenced in the first paragraph of this letter. The plan provides parking for 18 cars; 4 garage, 12 on a 1/4/" pea gravel surface and 2 on the concrete apron at the accessway. Eight stalls within the main area have a backup space of 22'. The two stalls located on the concrete apron have 20' of back up space. This is sufficient for most cars. The 4 garage spaces would also open onto this area. A smaller parking area located on the east side of the building contains two compact spaces and two full size spaces. Cars using the two full size spaces can back-up 40'-50' and turn into the aisle. While this condition is inconvenient it is certainly workable. These spaces are similar to the proprietor spaces used in Banker's Row. A similar situation also exists at our office located at 132 N. Swinton Avenue and our employees do not find it to be a problem. The 2 compact spaces have 18 feet of back- up space. This is tight but it will work for most compact cars. Field measurements taken by this office show that a Honda Civic requires 18' of back up space to manoever. The waiver mentioned above involves these two compact spaces. The adjacent perimeter landscape would need to be reduced to 2' for a distance of 16'. The landscape plan shows the approximate location of the building on the adjacent property. There is still ample room for the hedge and one tree that will be in this space. The proposed plan shows a 20' wide accessway onto N.E. 2nd Ave. It is debatable as to whether this should be considered a variance since the code sets precedent for 20' accessways on private driveways with less than 200 ADT. This site certainly has less than 200 ADT. A 22' wide accessway could be provided but would require a variance from Sec. 6.1.4 (B)(3)(b), driveway location within 25' of right-of-way extension at an intersection. The plan proposes the safer of these two alternatives. The proposed accessway would certainly be an improvment over the existing accessway onto N.E. 4th Street. Thirdly, a variance is requested relating to the parking area surface. Gravel surfaces are allowed when the parking area is 12 spaces or less. The proposed plan contains 18 spaces however only 12 of these are located on gravel. The approved plan showed an asphalt parking surface draining into a swale located along the south property line. The swale would need to be deeper than was originally shown in order to adequately handle all run-off. A deep swale would be aesthetically unpleasant and would detrimentally affect the historic character of the building. Furthermore, the asphalt surface of the approved plan would also be to the detriment of the historic character of the building. A major purpose of the Historic Board is to maintain the unique qualities of the historic neighborhoods of Delray Beach. One way this is done is by encouraging alternative surfaces for parking areas. Attatched to this application are photos showing the conditions on site during a heavy rain storm. Photo A shows water flowing from off of NE 2nd Avenue onto the site, and then draining into the gravel surface. Photo B shows the water flowing from the -3- existing accessway (asphalt) onto NE 4th Street. Photo C shows a view west from the garage across the parking area. Clearly, the gravel area is draining better than the asphalt area. The applicant proposes to construct a 1/4" gravel surface parking area using a compacted shellrock base. This would be a pervious surface parking area therby eliminating the need for large swale areas. Any water that does not drain into the sub-surface would be contained on site as shown on the paving and drainage plan. The use of gravel would certainly be more in keeping with the historic character of the site. Finally, I would like to briefly describe the other proposed modifications to the site. Except for the waiver listed above, there are no variences required for the landscape improvements depicted on the plan. The proposed plan still contains the 25% minimum landscape requirement. We feel that the proposed changes will actually screen the parking area better than the approved plan. The large sea grape currently on the east side of the building will be relocated to the southwest corner of the site into a larger landscape area than was on the approved plan. A 3' height wall will be constructed in lieu of the 3' picket fence. This wall will completely screen the parking from public view. Additionally, the applicant is seking approval to modify the south elevation of the garage building. Existing garage doors would be replaced with doors , windows and awnings as depicted in the perspective sketch. More detailed drawings will be submitted at the time of permit. In conclusion, we feel that a hardship is caused by the space limitations of the existing conditions on site which prevent the applicant from providing adequate parking facilities for the current and future residents of the building. The applicant will not gain any special privilege that is normally denied within similar zoning. Granting the variences will dramatically improve the appearance of the area and still be in harmony with the historic character. The public welfare will be improved be providing parking for the residents off of public right-of-way. On site drainage capacity will be improved by using the pervious surface and through proper grading. Feel free to call me at our office to discuss or if you need any additional information. Sincerely, ir) ,/"/ Rodney L. Crice Associate Landscape Architect cc: Ron Turner Bob Turner _ t� ` �, 0J .,__ r, , Rili- ,; ijiL,3"firi,1- =1 - rji'uPi , 100 '. ,/. is. . . = o DEL RAY BEACH, FLORIDA 33444 • 407/243-7000 PUBLIC NOTICE 88-27 A petition has been received from Rodney Crice, A. Grant Thornbrough & Associates, authorized agent for Ronald Turner, requesting the following variances from the Land Development Regulations . Section Requirement Provided 4 . 6 . 9 (D) (4) (d) 24 ' 22 ' & 18 ' 4 . 6 . 9 (D) (3) (b) 24 ' 20 ' 4 . 6 . 9 (D) (8) (a) Hard Surface Pea Rock The effect of granting this variance will be to allow the construction of an on site parking lot to accommodate 18 parking spaces . The subject property is located at the northeast corner of N.E. 2nd Avenue and N.E. 4th Street in the Del-Ida Park Historic District. Your property is located within a 500 ' radius of the subject property, which is legally described as follows : Lots 3 and 4, Block 7, Del-Ida Park, Recorded in Plat Book ' 9 , Page 52 of the Public Records of Palm Beach County Florida. The street address of the subject property is 401 N.E. 2nd Avenue. The Historic Preservation Board will conduct a public hearing at 6 : 00 PM on Wednesday, September 2, 1992 in the First Floor Conference Room at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, and all persons interested will be given an opportunity to be heard. Please be advised that if a person or persons decides to appeal any decision made by the Historic Preservation Board with respect to any matter considered at this meeting or hearing, such persons will need a record of the proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which to appeal is to be based. The City does not provide or prepare such record. Pursuant to F.S. , 286 . 0105 . If you would like further information with regard to how this proposed action may affect your property, please contact Patricia Cayce, Historic Preservation Planner, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 , or phone 407-243-7284 . THH,= E7 nn T A,_ .., NI =-T�-. it �, ► M.E. `� ST , MS g Gam. 63 1 H.E. 5TH TERRACE Z 0 1 iiii,...111 CD o . ,1 N.E. 5TH CT. ' �c c W Gt, LA i ► D a Z <11 t ' W N.E. 5TH sT•> [ , , Q , N .•-•-•.4 y. N.E. 4TH ST. LI: _ Li:, I F' s , , W > , , s Z N.E. 3RD , .0 ...... .., ^ • I Z — I 1 3 . , , , In , H ' N ROBERT TURNER'S _ BUILDING _ (401 N.E. 2ND AVE.) `- ST. H.E. 2 ND FINDINGS OF FACT HPB MEETING SEPTEMBER 16 , 1992 COA 8-190 RODNEY CRICE, A. GRANT TORNBROUGH & ASSOCIATES, AUTHORIZED AGENT FOR RONALD TURNER, OWNER. The Site Plan, which included the following items : 1 . the conversion of 4 garage spaces into office space, 2 . increase in the size of the parking lot from 8 spaces to 14 , 3 . reduction and redesign of the approved landscape area, 4 . installation of a 3 ' masonry wall along N.E . 4th Street and N.E . 2nd Avenue, was denied 6-0 , based on a determination, pursuant to Section 2 . 4 . 5 (G) ( 5 ) ,that the proposed changes do significantly affect the originally approved plan; and based on a determination, pursuant to Section 4 . 4 . 17 (H) Special Regulation, that the proposed site plan is not in character with or compatible to the surrounding area in the R/O district : ********************************** The exterior modifications to the garage building which included the following: 1 . replace garage doors with doors and windows, 2 . install a canopy awning over windows and doors, was denied 6-0 . AGENDA ITEM COA 8-190 Since the attached staff report dated August 26, 1992 was written, the CRA has had an opportunity to review Robert Turner's project at 401 N.E. 2nd Avenue. The following is quoted from their memo dated September 4, 1992 : ROBERT TURNER BUILDING The Board felt that the site would be aesthetically degraded with approval of the latest plan modification. Additional concerns regarding the cumbersome parking arrangement were also expressed as was a question of future right-of-way requirements for NE 4th Street. The Board recommends denial of the site plan modification. MEMORANDUM TO: HISTORIC PRESERVATION BOARD FROM: PAT CAYCE DATE: AUGUST 26, 1992 5- SUBJECT: AGENDA ITEM .a`, COA 8-190, HPB MEETING SEPTEMBER 2, 1992 BACKGROUND The property is located at the northeast corner of N.E. 2nd Avenue and N.E. 4th Street, in the Del-Ida Park Historic District; the street address is 401 N.E. 2nd Avenue. The 8 unit apartment building was built in 1925 in the Mission Revival style of architecture. The garage with an apartment on the second floor, was constructed in 1936 . These are both contributing buildings and are located at the entrance to the Del-Ida Park historic district. In May, 1991, the current owner, Ronald Turner, removed a large landscape area at the southwest corner of the property and installed shell rock both on the property and in the N.E. 2nd Avenue right-of-way. A 6 ' high chain link fence was installed along N.E. 2nd Avenue and N.E. 4th Street. These changes were made without a COA or appropriate building permits. The Code Enforcement Division issued violation notices for work completed without permits and COA. On June 3, 1992, the HPB unanimously approved an application for a minor site plan modification which consisted of the following: Construction of an 8-space paved parking lot with associated landscaping. Installation of a 3' high picket fence along N.E. 4th street and N.E. 2nd Avenue and upgrading the landscaping on the site. Relocating the driveway from N.E. 4th Street to N.E. 2nd Avenue. Relocating an existing underground natural gas tank from the proposed parking area to the rear yard. Turner COA 8-190 Page 2 DEVELOPMENT PROPOSAL On June 25, 1992, the owner submitted a site plan and COA application to modify the previously approved site plan as follows: Site Plan 1. The conversion of 4 garage spaces into office space. 2 . Increase in the size of the parking lot from 8 spaces to 14. 3. Reduction and redesign of the approved landscape area. 4 . Installation of a 3 ' masonry wall along N.E. 4th Street and N.E. 2nd Avenue. COA 1 . Modification to the garages facing N.E. 4th Street. a. Replace garage doors with doors and windows. b. Install a canopy awning over windows and doors. ANALYSIS OF THE SITE PLAN Compliance with the Land Development Regulations Use: The property is located in the Residential/Office zone district, therefore, the conversion from garage to office space is permitted. Parking: There are 9 one-bedroom apartments on the property. Pursuant to Section 4 .6 .9(C) (2) (c) , a one-bedroom dwelling unit requires 1.5 spaces plus .5 spaces for guest parking. Thus 18 spaces are required by code for the existing apartments. The conversion from garages to office creates an additional 497 square feet of usable space requiring 2 parking spaces to be provided, for a total of 20 spaces. Turner COA-8-190 Page 3 In the previously approved site plan 8 parking spaces were provided in the garages and 8 spaces in the lot. The proposed plan increases the parking lot to 14 spaces; the section of the garage, which faces west (into the parking lot) , provides 4 spaces; for a total of 18 spaces. The proposed site plan will require variances. The proposed plan will require a waiver by the City Commission from Section 4 .6. 16(H) (3) (f) , Perimeter Landscaping. The request is related to a 16 ' section on the east property line where there are 2 compact parking spaces. The code requires a 5 ' landscape strip between the parking spaces and the property line; only 2 ' are provided. Reduction of the landscape barrier will effect the dwelling units to the east, which are adjacent to this section of the property line. ANALYSIS OF THE COA The applicant's request specifies the size of the windows and doors for the office conversion but does not specify the materials. Windows are to be double hung, 6 over 6; 36" X 60" . Doors are 36"x 80" . The canopy awning is to be aqua vinyl. The upper floor aluminum shutters will remain as existing. The Design Guidelines state that wood windows to match the upper floor are appropriate. Modern flush doors, as indicated on the plan are inappropriate. The rendering submitted with the COA, which will be available at the meeting, does not accurately reflect the COA application. The rendering indicates that all of the aluminum awning shutters will be removed and be replaced with appropriate awnings, this is not requested in the COA application. It depicts a canopy at the front entrance to the apartment building on N.E. 2nd Avenue which is not requested in the COA. The portion of the garage on N.E. 4th Street which is proposed for offices is shown with awnings on the upper floor windows, the letter detailing the modification to that facade states that the existing aluminum awnings will remain in place. REVIEW BY OTHERS Community Redevelopment Agency The property is located within the City's Community Redevelopment Area, thus requiring review of the development proposal by the C.R.A. Due to the cancellation of its Turner COA 8-190 Page 4 August 20, 1992 meeting the CRA has not had the opportunity to review this plan. However, when the CRA reviewed the previous site plan, the members expressed concern that the site would be aesthetically degraded with the site plan modification. They noted that the open space was being reduced with the additional parking area. With the site plan modification, they felt it critical that the building site be adequately landscaped. Homeowner's Association Special notice was provided to the Del-Ida Park Homeowner's Association. Letters of objection, if any, will be presented at the HPB meeting. ASSESSMENT The existing multi-family structure is a legal nonconforming use. It is located in the R/O zoning district and the conversion of 4 garage spaces to office use is allowed, providing the development standards are met. Because the on-site parking requirements (20 spaces) are physically impossible to to comply with, if approved, this will remain a legal nonconforming parking lot. Section 4 .4 . 17 (H) ( 1) Special Regulations in the R/O District, states that all buildings and structures shall appear to be residential in character regardless of the actual use therein, shall be kept in a sound and attractive condition, and in established neighborhoods shall be generally compatible in architectural style and scale with the surrounding area. The office facade proposed for N.E. 4th Street is not residential in character and the scale and size of the parking lot does not appear residential in nature. Objective A-4 of the Comprehensive Plan states: The redevelopment of land and buildings shall provide for the preservation of historic resources. This objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policy: (b4, c8) b4 Ensure the protection of natural resources and historic resources. c8 Identification, designation and protection of historically significant properties . Turner COA 8-190 Page 5 Please read the HPB Ordinance 4 .5. 1 (A) General: Excerpted it reads, Preservation and protection of buildings 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 surrounding in which past generations lived. HISTORICAL SIGNIFICANCE The apartment building was built in 1925 by Frederick Henry Link, who served as Del-Ida Park's general contractor. Mr. Link, a former craftsman and builder for Addison Mizner, is believed to have used roof tiles, decorative wood, lighting fixtures and other design elements from the Mizner Industry workshops on Bunker Road in West Palm Beach, in the construction of the building. At the time of construction, Del-Ida was a suburb of Delray and this building, known as The Towers, was the first suburban apartment to be built in the area. With its gardens and open porches, it represented a trend toward attractive and efficient apartment living in a resort community setting. The Delray News during the 1920 ' s and ' 30 ' s. frequently notes the social events, bridge parties, garden fetes, and the arrival of winter visitors at The Towers. It is a significant example of Mission Revival style architecture and one of the few remaining in the City which retains it original character. It, along with other early buildings in Del-Ida Park, are irreplaceable assets to the historic district. The garage building with its spacious apartment above was built in 1936 by Mr. J.L. Thieme for a total cost of $5,000. Mr. Thieme is among the City's early builders to whom the Design Guidelines are dedicated. It is interesting to note, within a period of 10 years, the need to provide on site garage space, especially for winter visitors who previously came to Delray by train. ALTERNATIVE ACTIONS 1. Approve the site plan, landscape plan and COA 8-190 . 2. Deny the request with reasons stated. Turner 8-190 Page 6 RECOMMENDED ACTION A. Based on a determination, pursuant to Section 2 .4 .5(G) (5) ,that the proposed changes do significantly affect the originally approved plan: and B. Based on a determination, pursuant to Section 4 .4 . 17(H) Special Regulation, that the proposed site plan is not in character with or compatible to the surrounding area in the R/O district: Deny the site plan portion of COA 8-190 A. Based on a determination, pursuant to HPB Ordinance, Section 2.4 .6(J) (5) , Findings, that the COA is not consistent with the Comprehensive Plan, Objective A-4: and B. Based on a determination, pursuant to Section 4 .5. 1 (A) and 4 .5. 1(E) (a)&(c) of the HPB Ordinance: Deny COA 8-190 4 AGENDA ITEM HPB MEETING SEPTEMBER 2, 1992 COA 8-187 16 & 32 E. Atlantic Avenue, Polly Noe's Sidewalk Cafe, Polly Noe, Owner. Old School Square Historic District. Approve site plan modification for outdoor cafe. Approve application to operate a sidewalk cafe. Approve COA for tables, chairs and umbrellas . BACKGROUND On July 27, 1992 Polly Noe presented a COA application and site plan for a sidewalk cafe. After staff analysis of the site plan it was found that some modification was necessary in order to comply with Section 4 .4 . 13(G) ( 1) (a) Parking, and Section 6 . 3.4 (E) , Sidewalk Cafes, of the Land Development Regulations. DEVELOPMENT PROPOSAL The proposal consists of two basic components: (A) establishment of an outdoor cafe on private property outside of the antique store, and (B) establishment of a sidewalk cafe in conjunction with the outdoor cafe, on a public right-of-way. Four tables will be placed under the awnings on private property, and 14 tables will be in the right-of-way. A kitchen will be established at the rear of 16 E. Atlantic Avenue, and a cooler and service area will be located at the front of the auction gallery, 32 E. Atlantic Avenue. A waiter' s station will be provided outside of the buildings. Most of the food will be made off the premises and prepared for serving in the kitchen and service areas . The tables, chairs and umbrellas will be removed at night and stored indoors. ANALYSIS Mrs . Noe' s property is within OSSHAD but is located in Block 69 and is therefore governed by the development standards in the CBD. Two additional parking spaces will need to be provided as a result of establishing a restaurant on private property. Additional on-site parking is not possible. The applicant has the option to purchase in-lieu parking spaces for a one time fee of $2,500. However, the CBD parking standards are being reviewed and a waiver of fee Polly Noe's Sidewalk Cafe Page 2 option which would exempt payment for the first two parking spaces required for site development or use expansion, has been recommended. It is appropriate at this time to allow that fee to be waived while the option is being considered. Mrs. Noe will provide the Planning Department with a letter which states that if the waiver of fee is not adopted she will purchase 2 in-lieu parking spaces or close the restaurant. The site plan meets the requirements for a sidewalk cafe as set forth in Section 6 .3.4(E) of the LDRs, regarding provision of a 5' clear walkway and the placement of the tables. HISTORICAL SIGNIFICANCE The buildings were built in 1948 and are not contributing to the historic built inventory of the Old School Square District. No sidewalk cafe ever existed on the site. However, the following items relate to the appropriateness of establishing a sidewalk cafe: * Element G , Objective C-4 of the Comp Plan states the CBD represents the essence of what Delray Beach is, "a village like, community by the sea" . To enhance this "village" concept, Policy C-4 . 1 recommends facilities for outdoor cafes. * Significant social trends in the community's history should be considered when attempting to preserve a "village" concept for the Central Business District. In the pre World War II era before air conditioning, outdoor dining was part of Delray's social history. The Arcade Tap Room was an open courtyard, the Colony Hotel served alfresco lunches at the beach, the Kentucky House (demolished) served meals in its garden, and the Patio restaurant (demolished) was an open air dining room. When screening became available to home owners, front porches were screened so people could dine and entertain out of doors . * The location of the proposed sidewalk cafe, across Atlantic Avenue from the Old School Square buildings and gardens, will entice people to visit the cultural arts center. * Polly Noe has done an excellent job in helping to revitalize what was a deteriorating block on Atlantic Avenue. I Polly Noe's sidewalk Cafe Page 3 RECOMMENDED ACTION Approve by separate action: 1. Site plan modification for outdoor cafe; conditioned on the requirement to pay the in-lieu fee for two parking spaces or remove the restaurant use, if the amendment to the CBD parking regulations, as discussed in this report, is not adopted within one year of this approval. 2 . Application to operate a sidewalk cafe. The application to be effective after proof of insurance and a hold harmless agreement have been found to be acceptable to the City; and if necessary, a permit to work in the right-of-way is signed by the Engineering Department. 3 . Approve COA 8-187 for tables, chairs and umbrellas . FINDINGS OF FACT HISTORIC PRESERVATION BOARD MEETING, SEPTEMBER 23 , 1992 COA 8-191 Busch' s RESTAURANT 840 E . ATLANTIC AVE RON BRANSCOME, OWNER DON DAY, DELRAY AWNINGS, AUTHORIZED AGENT The HPB approved the new dark green canvas awning and entrance canopy for the E . Atlantic facade. The sign for the new canopy was approved with modification: The background is to be dark green canvas; the lettering is to be white and the lobster red. The sign for the existing rear (parking lot entrance) canopy was approved with the following modification: fi(fiC Lettering to be white andAlobster red. Authorized agent, Don Day, agreed to the modifications . AGENDA ITEMS COA 8-191 840 E. Atlantic Avenue, Boyd Building, Busch's Restaurant. Don Day, Delray Awnings, authorized agent. New front canopy, dark green canvas. Sign for front of canopy. New front window awning. Sign for existing canopy, rear entrance. The front canopy and front window awnings are to be the same dark green canvas as approved for the rest of the Boyd Building's north facade. The style of the window awning is the same as the rest of the building. The style of front door canopy is indicated on the attached plan. The sign on the front of the Atlantic Avenue entrance canopy will have a white background; "Busch's" logo signature will be dark green and the lobster is to be red. The same sign is to painted on the existing rear entrance awning, with the exception that the background will be the seafoam green of the vinyl canopy. Both sign's overall measurement are 5 ' 6" x 16" . RECOMMENDATION Approve COA 8-191 by separate action: * Installation of canopy and window awning. * Signs for front and rear canopy. •,i.,•' �Ilr i',:: . ...it IRIS IYrlu.,.vi Ir. (��/�/ /�/ 1" ti,„E of This plan is compliance with .SIGN O N r ' Y �l V G , ect to thb vulluars aumlbl g owner's mechanical, all building,p electrical, ,mechanic i, zoning,and all other applicable the City of Delray Beach. The undersigned �/,1. LEC I speciticallreesto observe and enforce all specitedlnOSHASAFE /' salety regulations PLAN REVIEW I TY AND HEALTH REGULATIONS Standards f o the CFR ELECTRIC siructlon Industry SAFE- CAB y�i y/y I- i,p,. 192611910).These plans must be on the)oh at ' ' SIGNREVIfV; ' all times for all inspections. / h / .h ��Yf r L DATE _ • L o.. PERMIT No._---- _._.... u, L - --- -- DATE CON7RACTON- or OVJNE Seafood y_ 0 fi tq 7 -NEW CANVAS CANOPY , -_'_-_ _ — IE840 MI NM V . . 1 I 1 In 1 1 14, ,1 1 , , i_i___,_________ i , J — r: s'aN _ �Z NEW CANVAS CANOPY I I .40 'I I • I ,,I ,, i _ I ---- .ALL EXISTING STRUCTURES TO REMAIN it e'-o' FIN.FLOOR__ - --- __NORTH ELEVATION 1/8"=1'-0" (� FOR: a.,�G� 's �abTA.can...1 J II • • .1 It Is understood and agreed that this review for 1 IITI -P f l,/`'2 CODE COMPLIANCE of this plan Is subject to ? {- .N I+I vu•.ti the builder's and/or owner's compliance with �� Tu. Efm+G all building.plumbing,electrical,mechanical, • y' ��r,PLAN REVIEW zonina,and all other applicable ordinances of r.. I I71►ta l I g _6,. �i n 1q n ' 'Q fi -=_ 'ECTRIC th4 +.: ,r Delray Beach. The undersigned ter.+..r::r .4 B U G� J /6' S �f B r;et:i •rao,;+:1 p�ser/e and enforce all r i Seafood , 4 ;^c•cirindin OSHA SAFE. r V. . 1,- ��S�aa f r(S'1/�e S (�onvc - l.�t.. 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(REM' . ::i'!II:-=--:.L.=•-IT 7.Lf::_--F--=-, - :-,--_-___--=-- -_ - • 1 -=--- ----A•-= !" 11„-----=f;-:- =-L' - * -,-'7--=-1 INST • i N EW 4.x5.CONC.PALI t • (...::: ,. ____H"._ 4-:-- -. :._ _-_ : .: ..f:•_, : '7: 7-_- ,': *• , ' I ' '. - — 1 ' ...r.'4-E------ --fiff_:-..-.1_=_ __=-_L- --=-7-=j----= i i . : .'1-5:1. _.,_, EXISTING 3-PIPE I .:‘,'"-..:I•1.-I Wi a 4 5 1 t ;1';" « , ;, ...E.-_----T.7,----r--_-.=,.._.;=-7,- .,_=;-=...:-E7_ • .,...;.j...._ __::-7__..- .- 1 : ) i . ,,, H 1 • Lirj77.' __I ' .,f- -,61:16,___m'• "_!__-___,_ -,-,- 3, 7-...-,*/ ;i•i i ;111,,r•.;0".) - -= V.---_•t -.- , • ‘1,:`,5..1.-. . _---. ',r!*.it----•-1--1 - -'- -------=---'- ' -:--: -1 7ti 4. i A"4f 1 i - - _ HOT A CC) n WA TF R. , EY tc'..' LP - 1_, WIN0oW AaIJVNINr'; 1 NOTES: .,Ing supported on building. pipe to be ASA'Schedule Galvan l:ed. �� 1 v:t tortures are designed :,,,,n,ian,e with the to I- .. fnp• rode,: „uth I'Intidn Building C,,de rect. 2306.6, i 4III5.3 4 4403.4(c). N :horn Standard Bldg. \ Flames are designed for '�, / winds of 140 mi. per hr. inve �- \� uvau awnings shall be re- •I2 ILK scRrw C7 red when winds reach mnx. � � F.. tit� `' � ,le pale force. CIA ----------------___ j� lyric to be vinyl polyester _ ��,`` \ Sin end Bating Close // r I'' 1•,1 n SIf II l MnrPIT i 14/TI I! / �VG.J t P4 not rs / w/(EAa.ANCHOR w iCJt_ULiAIL r k.\\ . 00.1.1.11 A wi,�rigG --_ • _,. 1 ,.6 .-T v C) I -J j l OR: 3osc..\..'s wc.Ca,,�. \�<<,—. t• 8 4.0 t=.. (". �....,.V..- A ece • SCALE: AeenOVEO aV OnAWN nV ________ I DATE: V%IV T p a V a arvTN(: yN:I' I: /\J T /'A/'IC1. ( AI I i' .. I NI:PA), NOTES: • \..--- \. .•.y • Awning supported on building. �.. \ • All pipe to be ASA Schedule 1 \', . /,n Galvanized. .fi, `� All st rurt ores nee designed \ \ In accordance with the Col- /\\ `\ \ . lowing .odes: d. 'loath Florida Itulldiny, j \ ''� Code sect. 2306.6, ��., \,,, `'\\ 4305.3 6 4403.4(c). :',\ b. Southern Standard Bldg. \ \` \ .\ �\`:\ Code sect, 1205.2(e)• \;\ Frames are designed for R \ winds of 140 ml. per hr. " �` • f:nvas awnings shall be re- ,\ 1 I � rased when winds reach max. '` \ ,hole l�ale force. Iabiic to be vinyl polyester \i __.�'__ � Flame SpreadSR Rating Class O ` ,,, ........\% 4 r i/ , `� A(IS). .. t • ------------ . . . ..] I 7,-1.,. (� F\(�'R 1 �04[_�•S \1 ab'T AvQ N.'V I84o E. N>\r...�\-.. Apt. `0�-tv.../ • SCALE: I APPROVED BY !DRAWN BY