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HPB-01-16-13 AGENDA 0 €4k 40P HISTORIC PRESERVATION BOARD Meeting Date: January 16, 2013 Time: 6:00 P.M. Type of Meeting: Regular Meeting Location: First Floor Conference Room, City Hall The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service,program,or activity conducted by the City. Please contact Doug Smith at 243-7144 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 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 proceedings is made. Such record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Two or more City Commissioners may be in attendance. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF AGENDA IV. ACTION ITEMS A. Variance (2013-079) 65 Palm Square, Marina Historic District Authorized Agent: Cope Architects Applicant/Property Owner: Carolyn and Price Patton, Patton Investment, LLC Consideration of a variance to maintain the base flood elevation from the required 7.0 feet to the existing elevation of 4.92. NOTE: This item has been postponed to the February 6 2013 meeting. B. Certificate of Appropriateness, Waiver Request (2013-029) 11 NE 7th Street, Del-Ida Park Historic District Applicant: Marc Julien Homes, LLC Property Owner: Stacy Pesacov Authorized Agent: Affiniti Architects, Benjamin Schreier Consideration of a Certificate of Appropriateness for the construction of a single-family residence on a vacant property; and Waiver request to the Building Height Plane requirement. NOTE: This item was continued from the HPB Meeting of December 19, 2012. C. Certificate of Appropriateness and Variance Request (2013-010) 610 North Ocean Boulevard, Fontaine Fox House, Individually Designated Applicant: Frank E. and Nilsa McKinney Authorized Agent: Perez Design LLC, Francisco Perez-Azua Consideration of a Certificate of Appropriateness associated with the removal and reconstruction of an existing addition; Variance request to reduce the minimum required side interior (north) setback. NOTE: This item was continued from the HPB Meeting of December 5, 2012. Historic Preservation Board Meeting Agenda:January 16, 2013 Page 2 of 2 V. PUBLIC HEARING ITEMS A. Amendment to Ordinance 43-12, Fontaine Fox House (2013-009) and Ocean Apple Estates, Plat III (2013-011) Applicant: Frank E. and Nilsa McKinney Authorized Agent: Perez Design LLC, Francisco Perez-Azua Consideration of Ordinance 43-12 to amend Ordinance 43-11 (2013-009) which revises "Section 1, Designation", and "Section 2, Requirements of Designation" of Ordinance 43-11, and an amendment to LDR Section 4.5.1(1)(13), Local Register of Historic Places, to provide for a name change to "Historic Fontaine Fox House Properties" and the revised legal description of the designated boundary; and, consideration of the proposed Ocean Apple Estates, Plat III, which subdivides the existing Lot 2 of the Ocean Apple Estates Plat, into two conforming lots. A recommendation to the City Commission will be made for both the Ordinance and Plat requests. NOTE: This item was continued from the HPB Meeting of December 5, 2012. VI. REPORTS AND COMMENTS ❖ Public Comments ❖ Board Members ❖ Staff VII. ADJOURN al. e. ae. Amy E. Alvarez Historic Preservation Planner Posted on: January 9, 2013 7 III IV.A IV.B IV.0 V.A V.A HPB MEETING ATTEND Subject to HELD: Approval of 65 Palm 11 NE 7th 610 N. Conditions 610 N. January 16, 2013 Agenda Square St. Del-Ida Ocean Ocean Park Blvd. Blvd. Cont' to February Not asking 6th for a NAME Meeting COA Waiver COA Variance Ordinance Plat VOTE to VOTE to VOTE to VOTE to VOTE to VOTE to VOTE to Approve Approve Approve Approve Approve Approve Approve 5-0 5-1 5-1 6-0 6-0 6-0 Annie Adkins Roof P Y Y Y Y Y Y Annette Smith P Y Y Y Y Y Y Samuel Spear A A Y Y Y Y Y 6:25P Anna Maria Aponte P Y Y Y Y Y Y Ronald Brito P Y Y N Y Y Y Reginald Cox P Y N Y Y Y Y Iris McDonald A A A A A A A A A pEL� RAYa BEACH o o n All-America City 1 I 1993 2001 SIGN IN SHEET 2001 Historic Preservation Board January 16, 2013 PRINT FULL NAME ADDRESS OR ITEM NO. ORGANIZATION z Ty /G L 4<< C: C G A1>L1 /17k' )--kt\r\-e_yl _ 11 its.01 ItiC Sciltt lz � �( ffi( Atr Irt- 14 `IS ( c iocl_ OE 5(--- jhuJ ke 1-1-or-j-e,"‘ ( (t2 , 5\,01)/ /‘ d*iCi SCO Nzuct1/4-- 4'(-ez_ v. (-LC- Usuk,c-7 z—J 1\4 nn Iv U S 4- l\y I v b v 7 7 cJ/./ Zn, iqUO CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ORDER In Re: 11 NE 7th Street,Del-Ida Park Historic District Mark Julien Homes,LLC,Applicant BOARD ORDER Following consideration of all the evidence and testimony presented at the January 16, 2013 meeting before the Historic Preservation Board for the City of Delray Beach and pursuant to Section 2.4.6 (H) of the Land Development regulations and the Comprehensive Plan of the City of Delray Beach, the Historic Preservation Board finds that there is ample and competent substantial evidence to support its findings that the application for the Certificate of Appropriateness,Waiver Request for the construction of a single-family residence on a vacant property, associated with the subject roperty referenced above is hereby 5_i granted denied by a vote of Pursuant to LDR Sections 2.4.7 (E)(1) and 2.4.7 (E)(3)(a), a decision of the Historic Preservation Board may be appealed to the City Commission so long as a letter of appeal is received by the City Clerk within ten (10) working days of the action be appealed. Based on the entire record before it, the Historic Preservation Board adopts this Order this 16`'' day of January 2013. Cha• Historic Preservation Boa Copies to: Affinite Architects,Benjamin Schreier,Agent 6100 Broken Sound Pkwy. NW Suite 8 Boca Raton, Fl. 33487 CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ORDER In Re: 610 North Ocean Boulevard, Fontaine Fox House And Ocean Apple Estates Frank E. and Nilsa McKinney,Applicant (PC)Lg30ARD ORDER Following c sideration of all the evidence and testimony presented at the January 16, 2013 meeting before th Historic Preservation Board for the City of Delray Beach and pursuant to Section 4.5.1 (B) and 4.5.1(I) of the Land Development regulations and the Comprehensive Plan of the City of Delray Beach, the Historic Preservation Board finds that there is ample and competent j� substantial evidence �poort��findings that the application for the Certificate of \ Appropriateness,._ equest for the construction of a single-family residence on a vacant proper , associated with the subject property eferen,sed above is hereby granted denied by a vote of (0 CJ Pursuant to LDR Sections 2.4.7 (E)(1) and 2.4.7 (E)(3)(a),a decision of the Historic Preservation Board may be appealed to the City Commission so long as a letter of appeal is received by the City Clerk within ten (10) working days of the action be appealed. Based on the entire record before it, the Historic Preservation Board adopts this Order this 16th day of January 2013. Chair Historic Preservation oard Copies to: Perez Design LLC,Francisco Perez-Azua,Agent 55 S.E. 2nd Avenue Suite 409 Delray Beach, Fl. 33444 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Property Owner: Stacy Pesacov Applicant: Marc Julien Homes, LLC Authorized Agent: Affiniti Architects, Benjamin Schreier Project Location: 11 NE 7th Street, Del-Ida Park Historic District HPB Meeting Date: January 16, 2012 File:2013-029 ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA) for the construction of a two-story, single-family residence, and associated waiver request associated on the property located at 11 NE 7th Street, Del-Ida Park Historic District, pursuant to LDR Section 2.4.6(H). BACKGROUND & PROJECT DESCRIPTION The subject property, which consists of Lot 6, Block 1, Del Ida Park, is located on the north side of NE 7th Street between North Swinton Avenue and NE 2'1 Avenue within the Del-Ida Park Historic District. The 5,000 square foot (50'x100') vacant property is zoned R-1-AA (Single- Family Residential). The property was previously joined to the property to the west (5 NE 7th Street) via Unity of Title (dissolved in 2004) and has always been vacant. Following the dissolution, the property owner to the east (17 NE 7th Street) purchased the subject property. A COA for the installation of a fence was approved by the Board in 2010; the fence was to be located on both properties. The fence type consisted of a 4' wood picket at the front of the property, and a 6' PVC fence backward of the 30' front setback line. There are no other COAs on file regarding the subject property. At its meeting of November 14, 2012, the Board reviewed the subject COA which included a waiver to the Building Height Plane, two variances associated with the required setbacks for a new swimming pool, and a variance to permit parking within the front setback. The COA and waiver requests were continued with direction primarily due to concerns over the encroachment into the Building Height Plane area. The variance to the swimming pool side setback was denied. The variances to reduce the rear swimming pool setback to 5' and to permit parking within the front setback were approved. The aforenoted direction from the Board primarily consisted of the following: 1. That a single exterior wall finish be used throughout the structure; 2. That all materials are specified on at least one elevation; 3. That shutters be included, and shutter dogs are installed at all shutter locations; and, 4. That an additional element be incorporated on the foremost wall plane of the front elevation, such as an open porch, or balcony. The revised plans, which are attached, have incorporated the Board's direction by making the following changes: 1. The exterior finish will be of textured stucco; 11 N3 7th Street. Dei-ioa Park:COA 2013-029 HPB bleethici January 16.2013 • Paoe 2 of 8 2. Paneled shutters have been applied to a majority of the windows on the front and side elevations; 3. The foremost wall plane has been broken up by recessing the windows from the wall on the first story, with a second story faux balcony above which contains a decorative rail; 4. A shed roof overhang, finished with aluminum roof material, and supportive brackets have been added above the garage; 5. The site plan reflects the approved swimming pool location, per the rear yard variance and the front yard parking variance requests that were approved by the Board on November 14, 2012; 6. The exterior color has been revised to white; 7. The color of the doors, shutters, trim, and gate has been revised to either light blue or brown, at the Board's discretion. The subject request is for the new construction of a two-story, single family residence, and swimming pool. The proposal consists of the following details: • Square Feet: 2,509 square feet (under air); 2,780 (total) o First Story: 1,156 (under air); 1,419 (total) • Non-Air Conditioned spaces: single-car garage/storage (229), covered entry (34) o Second Story: 1,339 (under air) • Materials: o Exterior: Textured Stucco o Roof: Concrete Tile o Windows: Aluminum, Impact Resistant o Shutters: Aluminum • Colors: o Stucco: White o Roof(Hip): Silver Weathered o Windows, Fence/Wall: White o Doors, Shutters, Gate, Fascia, Trim, Railings,—2 Options: Light Blue or Brown The proposed windows consist of a mix of multi-light upper sashes with a single light in the lower sashes throughout the residence. The front door consists of a solid six panel style within the covered entry. The single-car garage, which faces NE 7th Street, is recessed from the primary wall plane by 6'6" and is located 36'6" from the front property line. A six foot high concrete block wall is attached at the interior corners of the residence and run to the side property lines. The wall will be finished in smooth stucco and contains a six foot high wood gate on each side. The existing 6' high PVC fence will remain. A waiver to the Building Height Plane requirement continues to be requested, as the second- story of the front elevation encroaches into this area. It should be noted that in 2011, the City was selected for a Transportation Enhancement Project grant from Florida Department of Transportation to fund a beautification project along NE 2nd Avenue between NE 4th Street and George Bush Boulevard. The project, boundaries of which are limited to the Del-Ida Park Historic District, will provide decorative sidewalks and crosswalks, decorative street lighting for pedestrians, landscaping improvements, and a bicycle lane. The project is anticipated to begin in February 2013 with project planning and an anticipated completion date of August 2016. City Staff will notify and meet with the neighborhood when the project planning phase begins as it has not yet been determined how these improvements will be maintained (i.e. the adoption of a Neighborhood Improvement District, or by other means). 11 NE 7th Street, Del-Ida Park:COA 2013-029 HPB Meeting January 16,2013 Page 3 of 8 It is also noted that the LDRs and Comprehensive Plan require a right of way width measuring 60' for NE 7th Street; the right of way presently measures 50. Recent new development at 112 and 116 NE 7th Street was permitted to maintain the 50' when those lots were replatted in 2005. Therefore,the same width will be maintained. This reduction will be confirmed by the DSMG. The COA for the new construction of a single-family residence and associated waiver are now before the Board for consideration. ANALYSIS OF PROPOSAL Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. Pursuant to LDR Section 2.4.6(H)(5), Prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Zoning and Use Review Pursuant to LDR Section 4.1.4(B), Use of Lots of Record, any lot, or parcel, which qualifies as a lot of record as set forth in these Regulations, but which does not comply with respect to minimum lot area and minimum lot dimensions specified for the zoning district in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long as it complies with all other requirements of that zoning district, subject to the following limitations: (B) A residential structure shall not be constructed on any lot, within a residential zoning district, which has frontage of less than fifty feet (50'). However, this provision shall not prevent construction of a residential structure on a Single Family Lot(or Parcel) of Record which conforms with all other aspects of minimum lot size requirements but which has no frontage. Further, such a Lot of Record with no suitable access may achieve private access for a single family residence and similar uses by means of a nonpublic (private) access easement. Pursuant to LDR Section 4.3.4(K), Development Standards, properties located within the R-1- AA zoning district shall be developed according to the requirements noted in the chart below. As illustrated, the proposal is in compliance with the applicable requirements. t Requirement Proposed Minimum Lot Size (Square Feet) 9,500 5,000 Lot Width (Interior Lots) 75' 50' Lot Depth ! 100' 100' Lot Frontage (Interior Lots) j 75' 50' Minimum Floor Area (Square Feet) � 1,500 2,623.5 Lot Coverage (Maximum) j N/A 28% Setbacks: Front (South) 1 30' 30'-36'6" Side Interior(East) 10' 10' Side Interior(West) 10' 10' _ Rear (North) ; 10' 15'-23' Height (Maximum: Mean) I 35' 25' 11 NE 7th Street.De?-Ida Perk; COA 2013-029 HPP Meting January 13 2013 • Page 4 of 3 STAFF COMMENT: As indicated above, those Lots of Record which do not meet the minimum lot area and minimum lot dimensions may be used provided that all other requirements are met. The subject property does not meet the minimum lot area requirement or the minimum lot width and frontage; however, all other aspects of the requirements have been met. Additionally, the lot measures 50' wide and meets the additional limitation set forth on residential property widths. Therefore, the subject property may be developed without seeking relief. Given the above, positive findings can be made with respect to the subject LDR requirement. SECTION 4.5.1, HISTORIC PRESERVATION DISTRICTS AND SITES Pursuant to LDR Section 4.5.1(E) Development Standards, All new development or exterior improvements on individually designated historic properties and/or properties located within historic districts shall, comply with the goals, objectives, and policies of the Comprehensive Plan, the Delray Beach Historic Preservation Design Guidelines, the Secretary of the Interior's Standards for Rehabilitation, and the Development Standards of this Section. Relief from Subsections (1) through (9) below may be granted by seeking a waiver approvable by the Historic Preservation Board, unless otherwise stated. 4.5.1(E)(2)(a), Major and Minor Development: The subject application is considered "Major Development", as it is new construction. STAFF COMMENT: - The proposed new construction classifies the subject request as "Major Development" and is reviewed as such throughout the report. 4.5.1(E)(3)(a)1., Buildings, Structures, Appurtenances and Parking; Appurtenances, Fences and Walls: The provisions of Section 4.6.5 shall apply, except as modified below: a. Chain-link fences are discouraged. When permitted, chain-link fences shall be clad in a green or black vinyl and only used in rear yards where they are not visible from a public right of way, even when screened by a hedge or other landscaping. b. Swimming pool fences shall be designed in a manner that integrates the layout with the lot and structures without exhibiting a utilitarian or stand-alone appearance. c. Fences and walls over four feet(4) shall not be allowed in front or side street setbacks. d. Non-historic and/or synthetic materials are discouraged, particularly when visible from a public right of way. e. Decorative landscape features, including but not limited to, arbors, pergolas, and trellises shall not exceed a height of eight feet(8) within the front or side street setbacks. STAFF COMMENT: The proposal includes a 6' stucco wall extended from the front elevation to the side property line, and interrupted by a painted wood gate of the same height. The existing PVC fence, which will remain, is a fence type which is typically discouraged by the Board; however, it was approved by the Board, and its visibility will be limited as it is behind the proposed new development. The proposal is in compliance with the requirements of the subject Section and positive findings can be made. 11 tt'E 7tn Street. Del-Ida Park COA.2013-029 HPB Meetina January 16,2013 Page 5 a"3 4.5.1(E)(3)(a)1., Buildings, Structures, Appurtenances and Parking; Appurtenances, Garages and Carports: a. Garages and carports are encouraged to be oriented so that they may be accessed from the side or rear and out of view from a public right of way. b. The orientation of garages and carports shall be consistent with the historic development pattern of structures of a similar architectural style within the district. c. The enclosure of carports is discouraged. When permitted, the enclosure of the carport should maintain the original details, associated with the carport, such as decorative posts, columns, roof planes, and other features. d. Garage doors shall be designed to be compatible with the architectural style of the principal structure and should include individual openings for vehicles rather than two car expanses of doors. Metal two car garage doors are discouraged; however, if options are limited and metal is proposed, the doors must include additional architectural detailing appropriate to the building. STAFF COMMENT: The proposal includes a single-car garage on the front elevation which faces NE 7th Street. While orienting the garage for access out of view from the public right of way would be nearly impossible on the subject property, it is set back from the foremost wall plane which strives to reduce its prominence within the design, thereby meeting the intent of the subject requirement. 4.5.1(E)(8) Visual Compatibility Standards: New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, façade, openings, rhythm, material, color, texture, roof shape, direction, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)-(m) below. Visual compatibility for all development on individually designated properties outside the district shall be determined by comparison to other structures within the site The following criteria apply: (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic f. district for all major and minor development. For major development, visual compatibility with respect to the height of residential structures, as defined by 4.5.1(E)(2)(a), shall also be determined through application of the Building Height Plane. (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the a width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. (e) Rhythm of_Buildings on Streets: The relationship of buildings to open space between ./ them and adjoining buildings shall be visually compatible with the relationship between• existing historic buildings or structures within the subject historic district. 41 NIF 7th Street. Doi-!pia Park:COA 2013-029 t,PS Meeting January 16,2013 /c(/ t Page: 6 of 8 `. (f) Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing \\12)Y architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. •�� (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, 0/hw"` and color of the facade of a building and/or hardscaping shall be visually compatible with ." G` the predominant materials used in the historic buildings and structures within the subject v historic district. (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall • ,/ be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. (i) Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, Apty shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. (j) Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. (k) Directional Expression of Front Elevation: A building shall be visually compatible with Apr/.the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. / (I) Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. STAFF COMMENT/ANALYSIS: Overall, the proposal generally meets the aforenoted Visual Compatibility Standards given the restricted developable area on the small site. The entire structure is two-story, similar to the other two properties on the street that are of comparable size and also recently developed. The revised front elevation with the recessed windows on the first floor gives the appearance of a small covered porch area while providing a second story balcony above. This break in the front wall plane assists in alleviating the impact of the upper story which would have a greater, negative impact without the additional setback, both vertically and horizontally. However, it's impact on the low-scale streetscape and resulting encroachment into the Building Height Plane area remains a concern. While a waiver to permit the encroachment has been requested, concerns remain regarding the general appropriateness and compatibility of the upper-story design as an additional setback of the second-story should be provided. The provision of one exterior material (stucco), addition of shutters, decorative railing on the front elevation, and the shed roof overhang above the garage all give added interest to the new construction which strives to be compatible in the historic district. While the applicant has made a concerted effort to incorporate the direction given by the Board and Staff during the previous review, further setback of the foremost upper-story on the front elevation is necessary. As a result, positive findings can be made with respect to the Sections indicated above, subject to compliance with the recommended conditions of approval. 11 NE 7th Street. Del-Ida Park:COA 2013-029 17P8 Meeting January 16,2013 Page 7 of 8 WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. STAFF COMMENT: The subject waiver request to LDR Section 4.5.1(E)(8)(a), Visual Compatibility Standards: Height is to provide relief to permit encroachment of the second story into the Building Height Plane area. The intent of the Section is to minimize the impact of upper stories on the streetscape. It is necessary to factor in the non-conforming lot width and area in comparison with the limited width of the encroaching area which measures 18'8". The width was established by setting back the wall plane containing the garage, as is required. Therefore, the subject encroachment came about as a means of balancing the design regulations on a lot which does not meet the minimum development requirements for the zoning district within which it is located. In consideration of the criteria with the comments noted above, the request to encroach into the Building Height Plane is not deemed to adversely affect the neighboring area, in that other existing recent development on comparable, yet larger sized nonconforming lots would also encroach into this area, yet at a greater width. Further, given the circumstances of the nonconforming lot of a similar size within the same zoning district, the same waiver would be supported. However, it is the depth of the encroachment that is of concern to the Board, and revisions should be provided accordingly which better meet the intent of the BHP limitation of second story masses on the front elevation. Based on the above, positive findings can be made, subject to revisions which decrease the depth of the building's encroachment into the BHP area. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Certificate of Appropriateness (2013-029) for 11 NE 7th Street, Del-Ida Park Historic District, based on positive findings with respect to the Comprehensive Plan, Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation subject to conditions. C. Deny the Certificate of Appropriateness (2013-029) for 11 NE 7th Street, Del-Ida Park Historic District, based upon a failure to make positive findings with respect to the Comprehensive Plan, Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (Motion to be phrased in the affirmative. See above.) 11 NE 7th Street. De;_!da P2;k:COA 2013-029 HPB Meeting Janu2r7 16,2013 Page3of8 RECOMMENDATION By Separate Motions: Certificate of Appropriateness Move approval of the Certificate of Appropriateness (2013-029) for 11 NE 7th Street, Del-Ida Park Historic District, based on positive findings with respect to the Comprehensive Plan and the Land Development Regulations, subject to the following conditions: 1. That the DSMG confirm the right of way reduction for NE 7th Avenue from 60' to 50'; and, 2. That an additional element be incorporated on the foremost wall plane of the front elevation, such as an open porch, balcony, or roof element which requires the upper story to be further set back. Waiver: LDR Section 4.5.1(E)(8)(a), Visual Compatibility Standards: Height, Building Height Plane Approve the waiver to permit the second story encroachment into the Building Height Plane at a width of 18'8", as proposed, whereas no encroachment is permitted, based on positive findings with respect to Section 2.4.7(B)(5), subiect to revisions which decrease the depth of the building's encroachment into the BHP area. Report Prepared by:Amy E. Alvarez, Historic Preservation Planner IVC /Llll JLr L, MeiIdI fVr f1 , ,rd": -, •k,.. Z.` !'':,!': { C' '' ,. 6r1"' ,M , - •- _ ter. JA � y"Ay^� .. -a dWr.-_�— __... .�AM --. .-_._.:..q,y—.\ '••p .., 'vr.tf r.J .A f M1Y �„,. . 4 rJ!. 0. V i r r , .!, ,�r,,4 rllwl '' • l fi{. ; .: 7e. ',' d ._„ r" ryy .#.'ti"•� '4 a x'... i i�. 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'1004a,,'' N;"Mn ° 1, i..44'11 I;l 1 r M1'r. tl e ,' y, ndl s a�M .. y f. , t M a' ;,. MxK ��.x prlii yb.. .. t ' Viil� ," _L._. r T1.1is+M[' 'hII"�Iq'1ry • � '"� i Front Notes Front .. Subject Property Address Date Address Date Notes Setback (All measurements are approximate) Setback 5 NE 7th Street +/-28' 1939 105 NE 7th Street +/-25' 1941 Two-story structures 10 NE 7th Street 25' 1999 Variance to reduce front setback from 30'. 109 NE 7th Street 25' 2000 Variance to reduce front setback from 30'. 11 NE 7th Street 30' 2012 110 NE 7th Street +/-25' 1925 14 NE 7th Street +/-26' 1965 112 NE 7th Street 30' 2012 • 17 NE 7th Street +/-34' 1954 113 NE 7th Street +/-31' 1962 18 NE 7th Street +/-28' 1969 116 NE 7th Street 19'6" 2012 30'provided on side facing NE 2nd Avenue; Variance obtained to reduce front setback 102 NE 7th Street +/-35' 1953 along NE 7th Street. 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' / ' 4 r ,,'1'4, , ...,*".•?..741`4.•,:',"44...,,,IL, * --- Subject Vacant Property NE 7th Street, Facing Northeast r •4 f�j "311• ,,I •• r y►$ • �g ! y ,.t.•;wr ,� rA,m , .". ,b w' = rf'yyrA"'.+y�. ,+'r"� ip il. . .. .'.► ,.L Ma 4;!Itii y „s "+ .fit +AI ' ..► •' .0,f ev �. .' rL�i1• iFIy ,,Ar, %.' �n'r�.rA•.r•rrp+ r�V,1rf,�s' ✓ `fir a: .X P Tr IS, ^I'., .' !'►t' w, \ • t ..�'.•' '. ,�y , .� ' j.f^•' Ate., • RC" •] ( III • � . ♦ '' +'r .. , f J]fl r r �: Y.. 1 I. 'r , _ +fir `'A. I r ickII . _— ' Sfit!l�1i ►luul+r+." Oil 1 ;j 1� u 1ww A rwL•)„w + f +I )1 1M �II I lI �. 1 s o" -- , l,IIIf, I y � rr - ' lII {Iy G r i '' • Aiiiimmumin f„ 7 r .yTi — ;e a ., ,r . 4 n A�1C w ' . 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IM'+" pll r';��i ���q;tl' �rI^'a ,'nb 4 ;' l'w;� a i� .� �.7iC'h �,° {,f� �r l.:,�r' `�., •, kwl II^•n�i k 'Id�i•i;r,7 ru,r;•,. ✓ a'�. j ,,,r m'o. r.ru.n,�,�4 al l l"l", 'r yt144,T,$ {'f. 1.,1 r VI.; ,, ', " yi 4,", 1 Ti i1',.610Id�Gir.{1I i�ililiti / " NHP r1. t r { rf Y A ' "� I „�fl I � • rN.i! r+V,�1 + I"� iQ'"�h � � �, �"��ir' 91 I�'�,�d �Y { � +"'" ' y"w.INr r i 4 '' ,4aw.0 M rG � � 1ti1+. " �� dhti� - lith A A 11, �r tr r qp Hwy + ? r" 1 ,��' �y� AP I �� q�1.IM 1?�h. .� M'.'r, ° fir b+++�+: 'r�w�,,r,^'11 ,��F"� r4r,r 109 NE 7th Street `�i ti; ':1t �i ;{ "1;��'°;, .4.:4 r ..,-, I Approved by HPB: November 18, 1998 y t r ' ��' x,. it r{ °°tip. "'' ° w * Site and Approval Details: t'w."y,� ,.4, r:n ^ Icy dv;s h, s fi1`7. ten I , ri. ask, .5` h , I �, , , -ecO + =roc ,r, *° ` • New construction of two-storysingle familyresidence& • 7 • xr x��f t$fi.° I �t'4/( ^+ri s g 1f . � T. 4 r.M 11. �.t.. ~ '7\,7"',',ti:t' '•® '-®_ f+ ?+''i Imo" I!'7 'rip.:i e t , „ YI one-story garage attached via covered porch. ` ,� I"`, .t ''� �°' �� r ry+ ' +ry • Lot Width:50'; Lot Depth: 120' • • 4 ro I> "" " ""A �,.'F.�} ' ,�',.. I • Square Feet: 2,963 (total); 2,206(under-air) '.4 ., yr r r �. h!1 IIZ ,x rw: 't r t r� 11'M 3 ri , L4� r��ro��,Y I:.�,� 1 ,�; R— _w. y Y,y 'D' t!�+ SM � .. - o i I i1+ $ , rw ; -1 let n ` , ti w . '', ,. • Relief: , . a',' . --- 4"` , - t, 1, k: * �- ly I.*.''�. - ,`t q" +t• µ� t ., • - , - 'I ; ,. ww,� � ` • Variance to front setback(reduced from 30'to 25') d,,,-VP!'- ,*4 41.Y- • .r. ...',, e,..I..• - > • Variance to side yard setbacks(reduced from 10'to 7 6 ) I.'r s d J. r+ ' M ,," rl TL,� ' Y• t,�, � t 1, y .�. I �ai i � illy ,,'' q, ,o r k ',r,,l .7 , 4. • `"� t-ti,rw • Waiver to landscape strip width (reduced from 5 to 3 ) 11, 1 t Note. .rr . 6s " The subject structure would not comply with the Building I ` Height Plane requirement,which was not in the LDRs at the d ' . 1.,,,,d00. : . : �"� time of review for this property. 10 NE 7th Street ,pproved by HPB:June 17, 1998 x F �q , $:i.,,,,,:e: +� a, ,�ite and Approval Details: • '" ""� " "''� ' °� `" ' New construction of two-story single family residence& , '. i/ J, ,f "Y ,V., 1.' .r s h r:}.d, i,, „y h 4,. .w '4 It M'h, al '.:'... a.r., �1 `•� .r - one-story guest cottage attached via covered porch. � • , "K' t�' �., �a , fiTM 4_:Y s. a A - ,-, i Lot Width:50'• Lot Depth: `` t " , r4' ' t.,, ,y . , ,;�,." ,,,5:; ? • f ��µ < . ;, p r, a I rv:, .+d 1,%, y:, x^' y, , c. 4 h " 1 �"i I Thu r , .,. h5"'�'r.l".w... f 'w,.,.. Square Feet: 3,035 (total); 2,597(under-air) `� y , i a h'�� ? ��,Nh�1 ,,. '''� Tr,* I,r,,�yyg",,, m s ,w ,�., M. ; � �. /M..:°�" 1..4,' yny^r �:; ;r�,. ,. ,,ilt, 1,:fr,i,•r k lM6Omr 11.4— t. 4 i "'tu 41•01,,: a �, ui+.iar:, m Relief: 1, ,,.. ,,,,, , J,uw yp,,'4 0. F .� yp' lerm�['�„'C.:t ., , '" I, , „7, i • i"1„,,." Mall•:', s is I• • , " � , '-5 d~ „,.:.,,, ,„ Ft } .k. I M ,Y"� . `"'a.r+• �,r 'f • Variance to front setback(reduced from 30'to 25') I�' ,+`` ` fw-t^ "" � ' M'li•? l�l 1 I'1 !_ 'a' �,re .,.,,:. .,..-1. '" :". w r n. x, `r !1, �► II '' * 4$. ' . '' , I 1 IIIIIIIIIIIII11IIIIII'«!iihIIIl1I1 Mil' 'Ili • Variance to side yard setbacks(reduced from 10'to 7 6 ) o 'Ar ,ayt; 0,t; i'' ,C; .' 1; 1 �u„T,u,,,.,,ti ,L,� �-,; ,,,,,, • PRIG Su I^ l �` t' ' 4' .�"s h �+�Waiver to landscape strip width(reduced from 5 to 3') �f , '. '' yl ua NM PNlw4a,"^' ,., h 94W,T 4 ' �, i "]I, }1 • ty;- :.I yi a t', '�' w�". i'' l r+} ay� 4 V cote: t �m �wJt j'. M �. r .i �.+ v+tll F :wLi..:y '": M"1-0. ,,,.IO .V • t r•+4 , w i�' .F l .„ rt , dk 5.tr W F,,/ •. 1 e f''tti t ti t % ;. "tw.' �.I >a> >`47. ti.` w y �e4 he subject structure would not comply with the Building , ' ,r ,� ., t „- „ ..x -- .�, ,t.',-_, ...• _ Y ..: •..,: .r, .�f 4.+:�.c.+fit...,,.rt . eight Plane requirement,which was not in the LDRs at the • , '�''4`-..- ��''. me of review for this property. -,* � i•,ct-,, '.' p p y. d aao : 3 .< a }x. , a M E pl'-"' �rJ it 'n7 t f....( ?? r•r- . r- ; Y •0 (,,, `ry`Gf 1 ,.Yu '�.. '_.! r".,-. yNl .n:.,. J'.�1 t. ..:x '�.L c..l � ,.:"�. �4..... �,WL'�r,•.xw .. ._.. t. %., 4, Ili , j fi ,7 -1 ,� F 1 t l itkii; � � � �-.. ,�� � jf � t _��( E 1 d r i rik I f‘ +,' ddk$13". f 'Dail__ �'_ -r>�- lf^ .-- 'l .tiz t re 4. /.t.i. rI7.-j 4,,k___.,:o_t:,... 7 tL t- ' 1 rAA . t,y i ' 1 9 rye 1 + 9-1 , 7;c# ,G., r-1 ..-,,, t ,I4 4'1., y i :{f di,3i i'.ti'S- sN Ixl+ ±E-� Y tt FRONT EI,F,VATION 11 N.E. 7TH STREET DELRAY BEACH, FL BY: MARC JULIEN HOMES SCALE:1/4"-1'-0" GRAPHIC SCALE 12/03/2012 • r A F F I N I 'I' I 0 4 8 .16 n c d b i I c c i s 12323 02012 .-,ri ;e, t SITE CALCULATIONS NORTH ARROW Project Number r \-� ;2 t ?=1`,i1 WA%R+AA4 12323 { j 11`� j LOT AREA, 5000 SF I1-0Y I 1DEC 4 4. 2G�1? ;'�_ MAX FAR•LOT AREA X 35 1750 SF. NOT APPLICABLE FOR INS DISTRICT I {{ E TWO ABC. I SF.SF cd t;' ill: !_�'t,‘l(1�C;. COv.WIRttGARAGE••01 0SSFF. SEE ATTACHED SURVEY 'C3 P r\1 d��. TOTAL FLOOR AREA FOR CALC. 2.754 SF. FOR LEGAL DESCRIPTION •'� U a) • I_, a MAXALLOVIED LOT COVERAGE O .•a C3OS Cl LOT AREA = ^� 5.000 SF.X 30 1,500 SF. NOT APPI.ICAHE FCR THIS DISTRICT PROVIDED LOT COVERAGE IA29 SF. �/] 50.00' o i $ M i cd POOL , ar mums z �~ cd� k ' ; PAVER ' I ir 1 I DECK mono 1 ,--1 1 HT CMS 1 ! ^ i 1 F-i ! ! ! • s ! PROPOSED. 1 I a®ev® RES CE oa rim! '" ro sera rvaanaol�lu. s nt, s s iena Ne ! • ~ ., rb r pp1 • 1 Z L O! !8 L. N $' 3a�FQII97I 8 . O � n i w g5 tra mu.now ------J N: ! w 1 1 0 IAWALKWAY 1 g I ZS I q�¢ i Revisions I i I DRNEWAY / \\ 1 4 1 1 sr„„ 50.00' NOT FOR COISTRUCT1ON Date 12-3-12 Dravm I O,erked SEC BAAS Date I Approval . Date!Permit - Date!Construction - . N.E. 7TH STREET Seal: . AA0002340 ©2012 VS'•r-cr • A 1.0 • AREA CALCULATION Project Number FIRST SECOND FLOOR A/C , 1,3339 SSFF.. 12 3 2 3 TOTAL AC AREA 2495 SF. I CAR GARAGE 229 SF. covEREa ENTRY 44 SF. ft LOGGIA NA. TOTAL COVERED AREAA 2.768 SF. '..'-) .,_ C.) a) • j, a 3C60=DTA Chri6LU CO o a AS A.[ 14 7--4 rn 9d A-C 6'-z 6? ^ Q��+ x -" U cd p Z. r) b r �� ti I I U 1 I TJN� C'd F, N C °°e4x° I X�r s y cd S. i Ti - ti Ir� n� l 4 11 K RAT 0.CL61 I� �I G PO:LCCUREHr _ r. r. 0 . 4::V ii T��� • �7 c. .„, ir_ a : b. �a-,� n g. Op ed s _ C i�sra I, ia: o= a JrT e)' 4co L g a 4. h bfc] (.0) CL 13 1 CAR � 1?.. ' $ R if��� QII flir r� MI HC I I IIa '°°° +I V I cT j 31 __ w 5 ___ _ iii Lt, g FOYER :Cli MII r- @O Tf1IR,• -I r• VOA 6X IT I� ', Revisions II =� DEN DWI P I _ I I t—:'—'-2-. 9 COVERED I I L ENTRY I I M Ids 5AXA ? • , ----- — NOT FORC06112UCTlON 1 Date 12-3-12 Drawn I Checked SDC/8MS Date I Approval - T- 7-2v7,7tv7,rs z-r 1 z-r r-4 i 7• un vI NC,r- , e0u4 ,ram Date IPermit - Iea' , rr Date I Construction - ]oa e11:65O£QALA Seal: AA0002340 ©2012 FIRST FLOOR PLAN A3.0 1/4••r-o Project Number , 12323 ct }-' .� au U I~ 3wV axmo060,113 cu o a I~ ,-4 na yr UD 94* 6r 1d TO sQ Ci) CO U x L� cd „,, PT-1. PC1(1) : r z cd c� MASTER 1--1 s r as C CM 0) 1111.41..- - --- .�� I BATH an 11 11 y 1 �� fx66 r � II r I II 1,0=_:=1. I pJi iiiii BEDROOM WC CM Lo s.-- �' 2 I HER IG War • H c� L — -1 rX 9 4 L i V co b _= iii II �� IW1.0 . JI_ 1MAT ~II ® I 6xs • HLS LA I 'DRY I I MAT MC 9OII 56X 64.X6 M.I r All i p 56X6 i . I 0 1I1 L I 7 6311111111 BEDR..' �ac`....wrXws m s 11111111 ra _= I Revisions __ �' cwnss iur II $2 II ��, BEDR••M#3 -- 91 1r nu as Texts II L j II II I IIMI M INI NOT FOR CONSTRUCTION Date 12-3.12 Drawn!Checked SDCJBMS Date I Approval - rr s3 rr 73 76 rr s3 rr 6d 66 Date I1lmit - ea 9r Date I Cuonstn2lm - 3oV aiaswar.w • AA0002340 ©2012 SECOND FLOOR PLAN A3.1 I/4'•r-cr . Project Number: 12323 - � Q -may �6 canine TLE QOCF .,., U aU ;,4a s. —_—..G-_ _ .—. {yam �/•—� �~ y ..-— _ - _—_—•—•--_—_—_—•—•—•—• T TII B=AIA `./l 04 U S. i W F4 Q� I ) ---- --------- -t ---tr----t t---y— {--��— —}-------------- F it cad I u 1 - w - 1� � RBIH = — cree.Tra:Ter, .—•4 a� W -- — Q t I t I q Ni , = FRONT ELEVATION : a s . g ZL' co 6 g a TA i • M--4 `' a 1 — o �� TII ffA11 _ - - - - - - - _ _ _ Revisions —imp —in -ma,li mu Nil v0 LEia tto ----_—_— f TII ffAN MIRE* NOT FOR COtySiRUCTION — Date u-3-u Drawn I Checked sDCJBMS Date IApprovat - Date I Permit - Date I Construction - ----- — ---- ------------ --------------------------------- (� oa Seal: R1MMIIIMIIIIN R RIGHT SIDE ELEVATION • AA0002340 ©anu ELEVATIONS A5.0 ua••roY Project Number: \ 12323 as a) o a aa CAM w —_—_--_--_—_ —_—.-- Cf)� - - _ _ ."• TII MillLi INNS MIN WIN 4- x r N. cti co W Ii --------------------------- ------•[•-�------i--L-----L-------- ct " s. ------- rnffw s-c cd .Mill R u. c .111'MM■ e 4 H ` CiC: REAR ELEVATION a s 7 L. N 44 Tna<e+a Revisions I 1� M In Ens iris —U— —�— •_RU•i _ ere wo 1 I � - i- - i 1 1 in. 111 -j i NOT FOR CONSTRUCTION l J _ Date 12-3-12 Drawn I Checked SDC/Bry1,S — T— — ,— Date IApproval Date IPtydt - Date I Cans r dlon - ---- ----------------- ----------------------------- ----- $ as Seal: FHR LEFT SIDE ELEVATION AA0002340 ©2012 ELEVATIONS A5.1 u4••r-c I1J —T VISUAL COMPATIBILITY STANDARDS I. Visual Compatibility Standards. New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, façade, openings, rhythm, material, color, texture, roof shape, direction, lot coverage, and square footage, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)-(m) below. Visual compatibility for all development on individually designated properties outside the district shall be determined by comparison to other structures within the site. A.0 Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility with respect to the height of residential structures, as defined by 4.5.1(E)(2)(a), shall also be determined through application of the following: 1. Building Height Plane (BHP): The building height plane technique sets back the overall height of a building from the front property line. a. The building height plane line is extended at an inclined angle from the intersection of the front yard property line and the average grade of the adjacent street along the lot frontage. The inclined angle shall be established at a two to one(2:1) ratio. See illustration below. NO BUILD MAX 35' HT. 7i ZONE �I wl a. 01 I 22.5'±HISTORIC al 2 STORY HT. of �. 7 175 REAR u� 0. �, 15' SETBACK 125' 25.0'4 11 30.0.—4 35.0'-4 150.0' BUILDING HEIGHT PLANE AT 2:1 RATIO 1 b. A structure relocated to a historic district or to an individually designated historic site shall be exempt from this requirement. 2. First Floor Maximum Height: Single-story or first floor limits shall be established by: a. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet(14'). b. Mean Roof Height shall not exceed eighteen feet (18'). c. If any portion of the building exceeds the dimensions described in a. and b. above, the building shall be considered a multi-story structure. d. See illustration below: 12 ROOF PITCH MAY VARY 6r MEAN ROOF HT. ITOPOFBEAM g m 2 a F.F.E. e. Sections a., b., and c. above may be waived by the Historic Preservation Board when appropriate, based on the architectural style of the building. 3. Upper Story Height(s): Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twe ve feet(12'). Are the requirements for height met? 2 YES NO B. Front Facade Proportion: The front façade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. Are the requirements for front facade proportion met? C. Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. Are the requirements for proportion of openings (windows and doors) proportion met? D. Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. Are the requirements for rhythm of solids to voids met? Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. Are the requirements for rhythm of buildings on streets met? 3 YES NO F) Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. Are the requirements for rhythm of entrance and/or porch projections met? �C3. ) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. Are the requirements for relationship of materials, texture, and color met? 3Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the / architectural style of the building. / Are the requirements of roof shapes met? v 0I. Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. Are the requirements of walls of continuity met? 4 J. Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. To determine whether the scale of a building is appropriate, the following shall apply for major development only: 1. For buildings wider than sixty percent (60%) of the lot width, a portion of the front façade must be setback a minimum of seven (7) additional feet from the front setback line: a. Lots sixty-five (65) feet or less in width are exempt from this requirement. b. To calculate how much of the building width must comply with this provision, multiply the lot width by 40% and subtract the required minimum side setbacks (example: 100' lot width x 40% = 40' - 15' side yard setbacks =25'). c. Any part or parts of the front façade may be used to meet this requirement. d. See illustration below: 75'LOT 7S LOT • 1 1 75 7 5' 775 7SS 80'BUILDING 80'BUILDING F-' L 45' J 15'. k 15' 22.S Nro N 5 e. If the entire building is set back an additional seven (7) feet, no offset is required. 2. For buildings deeper than fifty percent (50%) of the lot depth, a portion of each side facade, which is greater than one story high, must be setback a minimum of five (5) additional feet from the side setback line: a. To calculate how much of the building depth must comply with this provision, multiply the lot depth by fifty percent (50%) and subtract the required minimum front and rear setbacks (example: 120' lot depth x 50% = 60' - 25' front yard setback - 10' rear setback=25'). b. Any part or parts of the side facades may be used to meet this requirement. c. See illustration below: r 75'LOT - b 7e LOT N 7bJ'5' 50' S'7.5' 7.6�6 50' 5'7.5' iq d. If the entire building is set back an additional five (5) feet from the side, no offsets are required on that side. 6 YES NO 3. Porches may be placed in the offset portion of the front or side façades, provided they are completely open except for supporting columns and/or railings. Are the requirements for the scale of a building met? K. Directional Expression of Front Elevation: A p building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. Is the directional expression requirement for the front elevation met? L. L Architectural Style: major development shall consist of onlyand oneminor(1) architectural style per structure or property and not introduce elements definitive of another style. Is the requirement for the architectural style met? M. Additions to Individually Designated Properties and to Contributing Structures in all Historic Districts. Visual compatibility shall be accomplished as follows: 1. Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. Is this requirement met? 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building. Is this requirement met? 7 YES NO 3. Characteristic features of the original building shall not be destroyed or obscured. Is this requirement met? 4. Additions shall be designed and constructed so that the basic form and character of the historic building will remain intact if the addition is ever removed. Is this requirement met? 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building nor replicate the original design, but shall be coherent in design with the existing building. Is this requirement met? 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building. Is this requirement met? 8 WAIVERS Pursuant to LDR Sect,on 2.4.7(B)(5), in order to grant a waiver, the approving body must make findings on the followi YES NO 1. Does the waver adversely affect the neighboring area? 2. Does the waiver significantly diminish the provision of public facilities? 3. Does the waiver creat= an unsafe situation? 4. Does the waiver result in he grant of a special privilege in that the same waiver wou . not be granted under similar circumstances on other pro erty for another applicant or owner? v_6 \ • HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Applicants: Frank E. & Nilsa McKinney Authorized Agent: Perez Design LLC, Francisco Perez-Azua Project Location: 610 North Ocean Boulevard Fontaine Fox House, Individually Designated HPB Meeting Date: January 16, 2013 File No: 2013-0010 ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA) and variance request associated with additions and alterations to the Fontaine Fox House located at 610 North Ocean Boulevard, Individually Designated as part of the Historic Fontaine Fox House Properties, pursuant to LDR Section 2.4.6(H). BACKGROUND & PROPOSAL DESCRIPTION The subject property presently consists of Lots 2 and 3 of the Ocean Apple Estates Plat, and is located south of George Bush Boulevard on the west side of North Ocean Boulevard. A 1,184 square foot, circa 1936 Cape Cod cottage is located on the property in addition to 2 guest cottages, a garage, and a free-standing "tree house." Listed on the Local Register in 1989, the property is named after the property's first owner, Fontaine Fox. Fox was a world-famous cartoonist who contracted his friend, and renowned architect, John Volk, to design the now historic structure. In 2001, the applicant constructed a free-standing "tree house" in front of the historic Fontaine Fox house without obtaining HPB approval or a building permit. The elaborate and detailed tree house was free-standing, yet attached to the historic structure via a footbridge. On September 4, 2002, the HPB reviewed the COA for the as-built accessory structure where the request was denied based on a failure to find positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7) & (E)(8)(a-k), the Delray Beach Design Guidelines, Objective A-10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, and the Secretary of the Interior's Standards. An appeal to the City Commission was filed, and the City Commission reviewed the item at its November 19, 2002 meeting, where a vote of 2-2 to approve the request was made. The 2-2 vote was interpreted to result in a denial. An appeal was then filed with the Circuit Court which found that the vote resulted in no action, pursuant to our City Charter. Therefore, the case was remanded back to the City Commission as an appeal, and on November 3, 2008, the City Commission denied the appeal request on a 5 to 0 vote. On December 16, 2008, the City and the Property Owner entered into an agreement which required the following: • That a COA for the relocation of the treehouse be submitted within 45 days of the date of execution of the agreement (The agreement was executed on December 16, 2008, and ,310 North Ocean boulevard:COA 2013-010 HPB Meeting ofJanuay 16,2013 0 Page 2 of 6 then recorded on January 12, 2009. Therefore, the COA which was submitted on February 24, 2009 is in compliance with this requirement.). • Move and obtain a Certificate of Occupancy for the treehouse "to an area wherein the structure will not block or obscure the Fontaine Fox House nor be relocated in any manner that renders the structure greater in height than the main structure...within 90 days of the issuance of a building permit, or within an acceptable timeframe as determined by the HPB or the City Commission, but in no case less than 90 days from the issuance of a building permit." • In the event...the Owner is not able to obtain a building permit for the treehouse, the Owner agrees to remove the structure from the property within 120 days of such final denial. At its meeting of May 6, 2009, the HPB approved the COA for the aforenoted treehouse which was in compliance with the agreement conditions above. As a result, the matter was resolved, and a CO was issued. The subject request is for the removal of a non-original side addition and its relocation to the rear of the principal structure, resulting in its connection with an existing detached accessory structure/guest cottage. All existing materials and windows will be reused in the addition. The roof type and pitch will mimic that of the existing with a gable end facing west. The north wall plane where the addition will be removed will require the infill of an existing opening with siding, and the installation of a window within another existing opening. The window to be installed will be reused from the existing structure. A variance is also requested in association with the subject request, yet is only necessary due to the subdivision of the subject property (see file 2013-011). The aforenoted addition is presently located on top of the proposed property line. Its relocation permits the subdivision; however, the remaining wall plane will be located within the required 12' side interior setback, at 1' from the new side property line. ANALYSIS Pursuant to LDR Section 2.4.6(H)(5), Prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Pursuant to LDR Section 4.3.4(K), Development Standards, properties located within the R-1- AAA zoning district shall be developed according to the requirements noted in the chart below. Requirement Proposed Applicable Setbacks: Side Interior (North) �--- 12 �-- ---- 1�---------_� STAFF ANALYSIS: Upon subdivision of the lots and relocation of the addition on the north elevation, the principal structure will be located 1' from the newly created north property line. Therefore, a variance is required to permit the subdivision, and is analyzed further in this report. 610 North Oceon 6e.!e,.ar I;CC";2 ;3-010 HPB Meeting of Janue y 16.20 i;' `'ogc 3 of 5 Pursuant to LDR Section 4.5.1(E) Development Standards, All new development or exterior improvements on individually designated historic properties and/or properties located within historic districts shall, comply with the goals, objectives, and policies of the Comprehensive Plan, the Delray Beach Historic Preservation Design Guidelines, the Secretary of the Interior's Standards for Rehabilitation, and the Development Standards of this Section. Relief from Subsections (1) through (9) below may be granted by seeking a waiver approvable by the Historic Preservation Board, unless otherwise stated. Pursuant to LDR Section 4.5.1(E)(2), Major and Minor Development, the subject application is considered "Minor Development"as it is development on an Individually Designated property. Pursuant to LDR Section 4.5.1(E)(4), Alterations, in considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factors. Pursuant to LDR Section 4.5.1(E)(5), Standards and Guidelines. A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. The Secretary of the Interior's Standards for Rehabilitation suggest the following: • The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (Standard 2) •New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard 9) 4.5.1(E)(8) Visual Compatibility Standards: New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, façade, openings, rhythm, material, color, texture, roof shape, direction, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)-(m) below. Visual compatibility for all development on individually designated properties outside the district shall be determined by comparison to other structures within the site The following criteria apply: (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing ,V historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure r/ shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. 610 North Ocean Boulevard:COA 2013-010 HPB Meeting of January 16.2013 Page 4 of 6 (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. (m)Additions to Individually Designated Properties and Contributing Structures in all Historic Districts. Visual compatibility shall be accomplished as follows: / 1. Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building. ,/ 3. Characteristic features of the original building shall not be destroyed or obscured. .\ 4. Additions shall be designed and constructed so that the basic form and character ofe7 the historic building will remain intact if the addition is ever removed. 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building nor replicate the original design, but shall be coherent in design with the existing building. 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building STAFF COMMENT: In consideration of the Standards and Guidelines noted above, the removal of a non-original (yet appropriate) addition and its relocation (reuse of materials) to the rear of the principal structure is therefore, appropriate and in keeping with their intent. The addition is subordinate to the principal structure and assists with the step down to the new rear of the structure which is the current guest cottage. Based on compliance with the above regulations, positive findings can be made. VARIANCE ANALYSIS Section 2.4.7(A)(6), Variances: Alternative Findings of the Historic Preservation Board: The Board may be guided by the following to make findings as an alternative to the criteria listed in Section 2.4.7(A)(5): (a) That a variance is necessary to maintain the historic character of property and demonstrating that the granting of the variance would not be contrary to the public interest, safety, or welfare. (b) That special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. (c) That literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character of the historic district or historic site. (d) That the variance requested will not significantly diminish the historic character of a historic site or of a historic district. 61 3 North Cceari Boulevard:COA 2013-010 i-iPB Meeting of January 16.2013 P a'e 5 of 6 (e) That the requested variance is necessary to accommodate an appropriate adaptive reuse of a historic building, structure, or site: Variance: Side Interior Setback (North) Pursuant to LDR Section 4.3.4(K), Development Standards, the required side interior setback is 12' for properties located within the R-1-AAA zoning district. The proposed setback, upon dissolution of the Unity of Title between Lots 1 and 2 of Ocean Apple Estates, Plat III, will be approximately 1' on the north side property line. STAFF ANALYSIS In consideration of the criteria above, the granting of the subject variance is not considered contrary to the public interest, safety, or welfare, in that it will assist in maintaining the character of the subject property as a result of the voluntary restrictions placed on the newly created lot to the north. Special conditions exist due to the historic designation of the property, and properties not designated would not be considered for such a variance as the existing non-confirming structure would likely be demolished than retained in a similar circumstance. Literal interpretation of the requirements would essentially not permit the subdivision of the property into two conforming lots, or require the property owner to seek relief in creating a non- conforming lot while providing the required 12' setback for the subject structure. As a result, the Board must also consider the additional restrictions placed on the new lot, such as the 23' building setback on the south side of the property which will essentially create the required 24' space between two buildings within the subject district. Given the above, Staff recommends approval on the variance request as positive findings can be made pursuant to LDR Section 2.4.7(A)(6). Note: As required by the LDRs, a notice regarding the subject variance request was sent to those property owners located within a 500' radius of the subject property. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Certificate of Appropriateness (2013-010) for 610 North Ocean Boulevard, based on positive findings with respect to the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation subject to conditions. C. Deny the Certificate of Appropriateness (2013-010) for 610 North Ocean Boulevard, based upon a failure to make positive findings with respect to the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. 610 North Ocean Bou':evard:COA,2013-010 HPB Mooting of January 16,2013 0 Page of 6 RECOMMENDATION By Separate Motions Certificate of Appropriateness Approve the Certificate of Appropriateness (2013-010) for 610 North Ocean Boulevard, Individually Designated as the Fontaine Fox House, based on positive findings with respect to the Land Development Regulations, the Defray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Variance Approve the variance to LDR Section 4.3.4(K), to reduce the side (north) yard setback on the to 1', whereas 12' is required, based upon positive findings to LDR Section 2.4.7(A)(6). Report Prepared by:Amy E. Alvarez, Historic Preservation Planner • II, DIVISION 02-EXISTING CONDITIONS nnnEm-...L m.w 201.5 1gTG•Y1:rh5E CARO.HAVE 6&ENw4E EASED CHAR.:NSPECYCN Ci 160.164.16.4.2.50.H --�RESIIYODD DRIVE_-_-__ ...Rm. v66Eu:GWC11.:ru:mlmanu.wALL/OM DACAOCICTOFNH:6anu:i�6 S. COALCYGED VERFsa4AlO101{FDCOi.o[YSAHOAUGG5/AYICE A EET61MT IEN.A.ARE5 CbAtOii NOIIfOPF3EFMCUfMt1}6NADDI16Y111i5Eo�w�YC3 AS5WEiMr Nlpa4Taci FJ4SAFEn6Y0 rJ1) 5rk4NM161APE me.LseasOPYR/412.5.0 ANOC S.E000ES TRU..COrTNC1056163PGS61E10 . IGPECI RIDE 01.1.0 EE.115 Or PE SrPUCTPENC WOO TO THE GE.MO ICI irtNOintr OF Orr SG¢6 PROODOWTHIR In u.FM ro.wom MGM.46.01.0a.HOER Perez Design LLC PUET OCK sTCN4:.c,155 ss5 55.15IjACesES..AEA VIRUCTFCwNEC11i6. 6..56.6.,...I.1666:6Ii6.6. 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Frok W.Pn wc...ey IT S1T O Fll$t Floor Plan - Prgea nn.Gv 1r Flo DPP 0410.2012 • Pm.ea Staen Prgea Shea A210 Sal. I/C.I-S 0 Colo N' Dc°c\-\_-- VISUAL COMPATIBILITY STANDARDS I. Visual Compatibility Standards. New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, façade, openings, rhythm, material, color, texture, roof shape, direction, lot coverage, and square footage, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)-(m) below. Visual compatibility for all development on individually designated properties outside the district shall be determined by comparison to other structures within the site. A. Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility with respect to the height of residential • structures, as defined by 4.5.1(E)(2)(a), shall also be determined through application of the following: 1. Building Height Plane (BHP): The building height plane technique sets back the overall height of a building from the front property line. a. The building height plane line is extended at an inclined angle from the intersection of the front yard property line and the average grade of the adjacent street along the lot frontage. The inclined angle shall be established at a two to one(2:1)ratio. See illustration below. NO BUILD MAX 35' HT. ! ZONE 1-I wl e OI _ 22.6',HISTORIC n 1 �� 2 STORY HT. •1 , ,, 77.5' REAR ai 9NP 3 1t 15' SETBACK 12.5' / 25.0'4 / 30.0' / 35.0' 150.0' BUILDING HEIGHT PLANE AT 2:1 RATIO 1 b. A structure relocated to a historic district or to an individually designated historic site shall be exempt from this requirement. 2. First Floor Maximum Height: Single-story or first floor limits shall be established by: a. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet(14'). b. Mean Roof Height shall not exceed eighteen feet (18'). c. If any portion of the building exceeds the dimensions described in a. and b. above, the building shall be considered a multi-story structure. d. See illustration below: 12 ROOF PITCH MAY VARY 6 MEAN ROOF HT. 11-`TOP OF BEAM ao g V. 'a F.F.E. e. Sections a., b., and c. above may be waived by the Historic Preservation Board when appropriate, based on the architectural style of the building. 3. Upper Story Height(s): Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet(12'). Are the requirements for height met? 2 YES NO B. Front Facade Proportion: The front façade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. Are the requirements for front facade proportion met? ePProportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. Are the requirements for proportion of openings (windows and doors) proportion met?D. Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. Are the requirements for rhythm of solids to \/ voids met? E. Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. Are the requirements for rhythm of buildings on streets met? 3 YES NO F. Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. Are the requirements for rhythm of entrance and/or porch projections met? G. Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. Are the requirements for relationship of materials, texture, and color met? 0H. Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. \/ Are the requirements of roof shapes met? I. Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. Are the requirements of walls of continuity met? 4 J. Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. To determine whether the scale of a building is appropriate, the following shall apply for major development only: 1. For buildings wider than sixty percent (60%) of the lot width, a portion of the front façade must be setback a minimum of seven (7) additional feet from the front setback line: a. Lots sixty-five (65) feet or less in width are exempt from this requirement. b. To calculate how much of the building width must comply with this provision, multiply the lot width by 40% and subtract the required minimum side setbacks (example: 100' lot width x 40% = 40' - 15' side yard setbacks =25'). c. Any part or parts of the front façade may be used to meet this requirement. d. See illustration below: 75'LOT 76 LOT 77SS 7.5' 7»5 7SS 60'BUILDING BO'BUILDING L 4S ( 15' ' 22.S 15' 22.S N 5 e. If the entire building is set back an additional seven (7) feet, no offset is required. 2. For buildings deeper than fifty percent (50%) of the lot depth, a portion of each side façade, which is greater than one story high, must be setback a minimum of five (5) additional feet from the side setback line: a. To calculate how much of the building depth must comply with this provision, multiply the lot depth by fifty percent (50%) and subtract the required minimum front and rear setbacks (example: 120' lot depth x 50% = 60' -25' front yard setback - 10' rear setback=25'). b. Any part or parts of the side façades may be used to meet this requirement. c. See illustration below: 76 LOT I' -I + r 76 LOT r I �CQ 7A16'� 50' 6 7.6' 7.66' 50 6'7.6' g d. If the entire building is set back an additional five (5) feet from the side, no offsets are required on that side. 6 YES NO 3. Porches may be placed in the offset portion of the front or side facades, provided they are completely open except for supporting columns and/or railings. Are the requirements for the scale of a building met? K. Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. Is the directional expression requirement for the front elevation met? L. Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. Is the requirement for the architectural style met? M. Additions to Individually Designated Properties and to Contributing Structures in all Historic Districts. Visual compatibility shall be accomplished as follows: 1. Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. / Is this requirement met? `v/ 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building. Is this requirement met? 7 YES NO 3. Characteristic features of the original building shall not be destroyed or obscured. Is this requirement met? 4. Additions shall be designed and constructed so that the basic form and character of the historic building will remain intact if the addition is ever removed. Is this requirement met? 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building nor replicate the original design, but shall be coherent in design with the existing building. Is this requirement met? 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building. Is this requirement met? 8 Otd VARIANCES Pursuant to LDR Section 2.4.7(A)(5), a variance is necessary to maintain the historic character of property if the following questions can be answered in the affirmative: Yes No (5) (a) Do 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? (b) Does the literal interpretation of the regulations deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning? (c) Were the special conditions and circumstances a result of actions that were not created by the applicant? (d) The granting of the variance does not confer a special privilege onto the applicant that is not available to other lands, structures, and buildings under the same zoning. (e) Do the reasons set forth in the variance petition justify the granting of the variance in that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure? (f) Will the granting of the variance be in harmony with the general purpose and intent of existing regulations and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? 1 Pursuant to LDR Section 2.4.7(A (6) as an alternative to Section 2.4.7(A)(5), a variance may be necessary to maintain the historic character of property if the following questions can be answered in the affirmative: Yes No (6) (a) Will the granting of the variance be in harmony with the general purpose and intent of existing regulations meaning it will not adversely effect the public interest, safety, or welfare? (b) Do special conditions and circumstances exist because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved? (c) Will the variance help to preserve the historic character of the historic district or historic site? (d) Will the variance help prevent the historic character of a historic site or district from •diminishing significantly? (e) Is the variance requested necessary to accommodate1 an adaptive reuse of a historic building, structure, or site? 2 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Applicants: Frank E. & Nilsa McKinney Authorized Agent: Perez Design LLC, Francisco Perez-Azua Project Location: 610 North Ocean Boulevard Fontaine Fox House, Individually Designated HPB Meeting Date: January 16, 2013 File No: 2013-009 ITEM BEFORE THE BOARD The item before the Board is making a recommendation to the City Commission on the plat for Ocean Apple Estates, Plat III and an amendment and replacement of Ordinance 43-11 with Ordinance 43-12, associated with the designation of the Historic Fontaine Fox House Properties, pursuant to LDR Section 4.5.1(B) and 4.5.1(I). Note: This item was reviewed by the HPB at its December 5, 2012 meeting and continued to the January 16, 2013 meeting. BACKGROUND & PROPOSAL DESCRIPTION The Fontaine Fox historic designation contains approximately 2.5.acres of land and presently consists of Lots 1 and 2 of the Ocean Apple Estates Plat, the South 50' of Lots 1 and 2 of the Ocean Apple Estates, Plat II, and Lot 3 of the Ocean Apple Estates, Plat II (see attached map). The properties are located approximately 900' south of George Bush Boulevard between Andrews Avenue and the Atlantic Ocean. Lot 1 of the original Ocean Apple Estates Plat is on the east side of Ocean Boulevard (615 North Ocean Boulevard), while the balance of the lots are on the west side of Ocean Boulevard, between North Ocean Boulevard and Andrews Avenue. Zoned R-1-AAA (Single Family Residential), the properties are individually listed on the Local Register of Historic Places as established by Ordinance 70-89. Associated with the property, on the east side of North Ocean Boulevard is Lot 1 which contains a 2,400 square foot home constructed in 1993. The Historic Preservation Board recommended approval of Ordinance 70-89 (Fontaine Fox historic designation) to the City Commission on September 20, 1989 with the stipulations that on Lot 1 (the oceanfront lot) one dwelling unit of no more than 2,400 square feet could be built and that the Fontaine Fox site be subdivided into no more than three lots for no more than three dwelling units (one house per lot). The Ordinance was adopted by the City of Delray Beach on October 24, 1989. In 2002, an amendment to Ordinance 70-89 was proposed and reviewed as Ordinance 13-02. The proposal was for the removal of historic designation from Lot 3 and a portion of Lot 2, and to alter the previous density restriction to allow Lot 3 and that same portion of Lot 2 to be subdivided into a total of four separate parcels to accommodate a development plan for single family homes (perpendicular to the extant historic structure). The historic designation for the remaining portion of Lot 2, the lot that contains the Fontaine Fox House and its contributing outbuildings, as well as Lot 1 on the ocean side, would not have been altered. The proposed amendment to the Ordinance was denied at First Reading by the City Commission at its meeting of May 7, 2002. On December 6, 2011, the City Commission approved Ordinance 43-11, which amended the original designating Ordinance (70-89). The approved amendment provided for the revised legal description of the Fontaine Fox Designation which was necessary as Lot 3 of the Ocean Apple Estates Plat was replatted into the new Ocean Apple Estates, Plat II. The new plat reconfigured • Ordinance 43-12,Amendment of Ordinance 43-11:2013-00S HPB Meeting January 16,2013 Page 2 of 7 the size of Lot 3, and shifted the north fifty feet (50') onto Lots 1 and 2 of Ocean Apple Estates, Plat II. Although Lots 1 and 2, Ocean Apple Estates, Plat II were not designated parcels, the historic designation of their new southern fifty feet (50') was not removed from within the designated boundary which was not altered. Any new development or improvements within the southern fifty foot (50') portion of Lots 1 and 2 continue to be subject to HPB review. The subject Ordinance modification to the legal description is necessitated by the subject plat request to subdivide the property at 610 North Ocean Boulevard into two parcels, each facing the right of way. Existing development restrictions applied to all properties within the designated boundary will remain with the exception of the number of single family homes. The ordinance has limited the number of single family homes to a total of three (3) within the designated boundary. However, with the subdivision of 610 North Ocean Boulevard, and the creation of an additional lot, the ordinance will be revised to permit a total of four(4) single family homes within the designated boundary. The additional lot (Lot 2 of the Ocean Apple Estates, Plat III) will also have additional development limitations placed on it which are noted within the Ordinance and on the Ocean Apple Estates, Plat III. Those additional restrictions, which were reviewed at the HPB meeting of December 5, 2012 meeting, are as follows: 1. An increase in the front setback from 35' to 70'. The additional setback is to limit any negative impact on the visibility of the historic Fontaine Fox house along the streetscape. The Fontaine Fox House is setback approximately 100' from North Ocean Boulevard. 2. An increase in the side setback on the south side of the property from 12' to 23' to limit any negative impact on the historic Fontaine Fox house by increasing the required building separation. 3. Addition of a 13' landscape easement on the south side of the property to further restrict any additional buildings from being constructed too close to the historic Fontaine Fox house and providing an additional buffer between the historic house and any new development. During review of the subject item at the December 5, 2012 meeting, the Board expressed concerns regarding the impact on adjacent properties resulting from new development on the proposed lot. The HPB continued the request to the January 16, 2013 meeting. The property owner has submitted revisions to the voluntary development restrictions which include the following, in addition to those outlined above: 1. Addition of a 12' landscape easement on the north side of the property to ensure a preserved "green" buffer between the property to the north located at 622 North Ocean Boulevard and the subject property. This area is also restricted to landscape use only; hardscaping and/or fences and walls are prohibited. 2. A maximum building height of 25' from grade to the roof line to ensure compatibility with the height of structures on the adjacent properties. 3. A maximum of 4,200 total square feet, under-air, permitted for a primary residence, and a total of 700 square feet, under-air, permitted for a guest house. In addition to the aforenoted revisions to Ordinance 43-11, reflected in the proposed Ordinance 43-12, the name of the historic site as it is listed on the Local Register of Historic Places in LDR Section 4.5.1(1), will be revised from "Fontaine Fox House" to "Historic Fontaine Fox House Properties". The name change is to indicate the multiple properties associated with the historic site. The attached map indicates the existing and proposed lot configuration, along with the border of the historic designation. The Ocean Apple Estates, Plat III and Ordinance 43-12 are now before the Board for consideration. Ordinance 43-12,Amendment of Ordinance 43-11.2013-009 HPB Me'tiny Janua!y 16,2013 Poe 3 of 7 ORDINANCE ANALYSIS LDR Section 4.5.1, Historic Preservation Sites and Districts (B), Criteria for Designation of Historic Sites or Districts (1) To qualify as a historic site, historic district, historic structure, or historic interior, individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site, historic district, or historic structure, the property or properties must fulfill one or more of the criteria set forth in division (2) or(3) below; to qualify as a historic interior the interior must fulfill one or more of the criteria set forth in division (2) and meet the criteria set forth in divisions (3)(b) and(3)(d). (2) A building, structure, site, interior, or district will be deemed to have historical or cultural significance if it meets one or more of the following criteria: (a) Is associated in a significant way with the life or activities of a major person important in city, state, or national history(for example, the homestead of a local founding family); (b) Is the site of a historic event with significant effect upon the city, state, or nation; (c) Is associated in a significant way with a major historic event, whether cultural, economic, social, military, or political; (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history; or, (e) Is associated in a significant way with a past or continuing institution which has contributed substantially to the life of the city. (3) A building, structure, site, or district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria; except that to qualify as a historic interior, the interior must meet the criteria contained within divisions (3)(b) and (3)(d): (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (c) Is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder; or (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. STAFF COMMENT: In 1989, the Fontaine Fox House was individually designated to the Local Register of Historic Places as it met the designation criteria noted above primarily due to its architectural and cultural significance and association with local and prominent figures. The property owners at that time initiated the designation process for the Fontaine Fox Property to be listed on the Local Register of Historic Places. The designation has ensured that the density of development for the property was restricted, and that all development be reviewed by the Historic Preservation Board to ensure compatibility. Without the designation, all new development would be subject to compliance with the overlay zoning restrictions applicable to non-designated residential development east of the Intracoastal Waterway. The subject amendment will increase the permitted density from three structures to four structures within the designated boundary. However, the amendment strives to meet the intent of the original designation and address concerns over impacts from new development, as additional building restrictions are placed on the new lot. The restrictions, as outlined in the description above, require a 70' front setback, whereas a minimum of 35' is required in the R-1- AAA district; require a 23' side interior setback on the south (adjacent to the historic Fontaine Fox house), whereas a minimum of 12' is required; a 13' landscape easement along the south Ordinance 43-12.Amendment of Ordinance 43-11:2013-000 HPB Meeting January 16,2013 Page 4 ci 7 property line; a 12' landscape easement along the north property line; and, a maximum total square footage (under air) of 4,200 for the primary residence and 700 total square feet for a guest cottage. It should be noted that the review criteria of Section 4.5.1(E), Development Standards will remain on all lots within the designated boundary, which remains from the original 1989 historic designation. Therefore, all new development will remain subject to HPB review. Based on the designation criteria, positive findings can be made regarding the proposed Ordinance 43-12, to amend Ordinance 43-11. PLAT ANALYSIS The property will be replatted into two lots with the new plat known as Ocean Apple Estates, Plat III. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in 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 Future Land Use Map Consistency, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Future Land Use Map The subject property has a Future Land Use Map Designation of LD (Low Density, 0-5 dwelling units per acre) and a zoning designation of R-1-AAA (Single Family Residential) Zoning District, which are consistent with one another. Within the R-1-AAA zoning district, conventionally sited single-family detached residences are allowed as a permitted use. Concurrency The addition of 1 additional dwelling unit will have a minimal impact on water and sewer demands, traffic, drainage and solid waste as it relates to their level of service standards. Residential development, east of 1-95, is exempt from traffic concurrency standards. No internal street system is proposed with this development, as direct access is available from North Ocean Boulevard (A-1-A). A $500 park impact fee will be required for the additional unit at issuance of a building permit. Palm Beach County School District has approved the application for Concurrency Determination for the additional single family residential unit. Consistency The performance standards set forth in LDR Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates.to Standards for Plat Actions. Land Development Regulations The proposed Ocean Apple Estates Plat Three will subdivide the property into two single-family lots with a width of 100' fronting on A-1-A. The proposed 100' lot width is consistent with other single-family homes on the west side of A-1-A in this area. As shown on the following table, both lots will meet or exceed the minimum lot dimension requirements in Section 4.3.4(K), "Development Standards Matrix" for the R-1-AAA zoning district. Ordinance 43-12.Amendment of Ordinance 43-11;2013-009 ri=B Meeting January 16,2013 Page 5 of 7 Lot Size (Square Feet) Lot Width Lot Depth Lot Frontage Minimum Required 12,500 100' 110' 100' Proposed Lot 1 27,145 100' 196.35' 100' Proposed Lot 2 34,664 100' 346.6' 100' STAFF ANALYSIS: As shown on the attached survey, prior to its modification, the existing home on Lot 1 will cross the interior lot line between the two proposed lots. If this encroachment is not removed prior to recordation of the Plat, a Unity of Title must be immediately recorded. This has been included as a condition of approval. The Unity of Title may be dissolved upon elimination of the encroachment and approval of the Chief Building Official. Even with removal of the encroachment, the side building setback on the north side of Lot 1 will not meet the minimum 12' required in the zoning district. A variance request is being processed separately to reduce this side setback to 1'. As noted earlier in this report, the side setback on the south side of Lot 2 is being increased from 12' to 23' to limit any negative impact on the historic Fontaine Fox house by increasing the required building separation. Based upon the above analysis, positive findings with respect to Future Land Use Map Consistency, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations can be made. ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend approval to the City Commission of the Plat and Ordinance 43-12, of the amendment to Ordinance 43-11, based upon positive findings with respect to LDR Sections 2.4.5(K) (Minor Subdivisions), 3.2.3 (Standards for Site Plan and/or Plat Actions), 3.1.1 (Required Findings) and 4.5.1(B). C. Recommend denial to the City Commission of the Plat and Ordinance 43-12, of the amendment to Ordinance 43-11, based upon a failure to make positive findings with respect to LDR Sections 2.4.5(K) (Minor Subdivisions), 3.2.3 (Standards for Site Plan and/or Plat Actions), 3.1.1 (Required Findings) and 4.5.1(B). (Motion to be made in the affirmative. See above.) RECOMMENDATION By Separate Motions Ordinance 43-12: Recommend approval to the City Commission of Ordinance 43-12 for the amendment to Ordinance 43-11, based upon positive findings with respect to LDR Section 4.5.1(B). Plat: Recommend approval to the City Commission of Ocean Apple Estates, Plat III, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(K) (Minor Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings) of the Land Development Regulations, with the condition that the applicant execute and record a "Declaration of Unity of Title" between Lot 1 and Lot 2 immediately following recordation of the Plat. Report Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: Site Map, Draft Ordinance 43-12, Plat, Survey, Appendix A APPENDIX A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable X Meets intent of standard Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable X Meets intent of standard Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent 1 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby _neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent 2 Perez Design LLC architecture I planning I design December 7, 2012 Amy Alvarez Historic Preservation Planner Planning & Zoning Department 100 N.W. 1st Avenue Delray Beach,FL 33444 RE: Historic Preservation Board continuance on file #s 2013-009 & 2013-0010 Dear Amy, As per the "continue with direction" motion rendered by HPB at its December 5, 2012 meeting, Frank McKinney and I spent quite a bit of time with the Beach Property Owners Design Manual, specifically the "North Beach" requirements. We also reviewed the entire Historic Preservation LDR 4.5.1. The intent was to find a reasonable solution to the issues raised at the 12.5.12 HPB meeting by both the Board and the McKinney's neighbors (Bond) that would address compatibility related to height and size, and further address side-setback concerns. Here are our suggestions that could be added to Ordinance 43-12 and the new plat. We would request a short meeting to discuss these with you, and to show you some visuals that will help tell the story. Height: The existing overall height of the Fontaine Fox home from grade is 24+/- feet. The Bond property at 622 N. Ocean has a similar if not identical elevation. Per the BPO Design Manual and LDR 4.5.1 any new home would be permitted to be built on the new Lot 2 of Ocean Apple Estates Plat III to a maximum height of 35'. We would offer to restrict the height of any new home to be built on the new lot to 25', or 28.5% less than what is permitted, thus insuring the new home would be visually compatible with the Fontaine Fox home and the Bond's home. Size: The new Lot 2 Ocean Apple Estate Plat III would be 100' x 346.73,' or 34,673 sq. ft (0.8 acres), which would be considered a very large lot in the "North Beach" area. In the BPO Design Manual, the property would be permitted to have a 30% Lot Coverage Ratio, assuming no incentives. This would allow for a one story home of 10,400 sq. ft without incentives, and a two story home of 16,640 sq. ft. without incentives (assumes 2nd story 60% the size of the 151 story). We would offer to restrict the maximum square footage to 4,200 for a main home and 700 for a guest house. The Lot Coverage Ratio for the main home/guest house would be 14.13%. The 14.13% Lot Coverage Ratio would be 53% less 55 SE Second Avenue,Delray Beach,FL 33444 Phone.561.279.2006 • Page 2 December 7,2012 than would be permitted under the current code, and the size of the home would be 70% less than what would be allowed for a two story home in the neighborhood. A significant concession indeed. Furthermore, and probably most relevant, the Fontaine Fox home contains 5,423 total sq. ft. (3,832 sq. ft. main house/garage, 903 sq. ft. large cottage, 468 sq. ft. small guest cottage & 220 sq. ft treehouse). The Bond property contains 4,1 87 total sq. ft. (3,872 sq. ft. main house/garage & 315 sq. ft. in the cottage). When combining the two (Fontaine Fox property & Bond property) the average total square footage is 4,805 or roughly equal to what we would propose (4,200 sq. ft. + 700 sq. ft.). 13' Landscape Easement: To appease the concern of one Board member regarding the possibility of an owner of the new vacant Lot 2 of Ocean Apple Estates Plat III building a fence or wall 1 foot from the Fontaine Fox home, the proposed 13' Landscape Easement would be restricted to being able to only contain landscaping material (plant/tree/shrub/hedge/turf etc). No fences, walls or other structures would be permitted in the 13' Landscape Easement. It would be a true "landscape only" easement. In conclusion, when you combine our proposed height and size restrictions with the enhanced 13' landscape easement, the 70' front setback, and the 23' side building setback, the result will be a visually compatible home on the new Lot 2 of Ocean Apple Estates Plat III (subject to ultimate HPB approval of course) that far exceeds all relative standards found in the BPO Design Manual and LDR 4.5.1. Please let me know when we can visit with you. L)„,.....z .ci Francisco Perez-Azua, Architect ORDINANCE NO. 43- 12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 43-11 THAT PROVIDES FOR THE HISTORIC DESIGNATION OF THE HISTORIC FONTAINE FOX HOUSE PROPERTIES; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DIS I RICTS", SECTION 4.5.1, "HISTORIC PRESERVATION: DESIGNATED DISTRICTS, SITES, AND BUILDINGS", SUBSECTION ( I), "LOCAL REGISTER OF HISTORIC PLACES" TO REVISE THE LEGAL DESCRIPTION, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided for the original historic designation of the Fontaine Fox House and property as described in Section 4.5.1of the City's Land Development Regulations, and allowed the development of a total of 3 dwelling units on the site including the development of a house on the east side of A-1-A,provided certain conditions were met; and WHEREAS, Ordinance No. 43-11 was adopted on December 6, 2011 and provided for an amendment to the original historic designation of the Fontaine Fox House and property which revised the legal description,but maintained the original boundary; and WHEREAS, there currently exists the Fontaine Fox house and a house on the west side of A-1-A within the historically designated area;and WHEREAS, the boundary of the historically designated Fontaine Fox House consists of six (6) properties, or a portion thereof, and is renamed the "Historic Fontaine Fox House Properties" on the Local Register of Historic Places: WHEREAS, the Historic Fontaine Fox House Properties consists of the following: 1. 615 N. Ocean Boulevard,Lot 1, Ocean Apple Estates 2. 605 Andrews Avenue,Lot 3, Ocean Apple Estates,Plat II 3. 1206 Hammond Road, South 50 feet of Lot 1, Ocean Apple Estates,Plat II 4. Vacant, South 50 feet of Lot 2, Ocean Apple Estates,Plat II 5. 610 N. Ocean Boulevard,Lot 1, Ocean Apple Estates,Plat III 6. Vacant,Lot 2, Ocean Apple Estates,Plat III NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That Section 1, "Designation" of Ordinance No. 43-11 of the City of Delray Beach is hereby amended to read as follows: Designation The Historic Fontaine Fox House Properties designation consists of Lots 1 and 2 of the Ocean Apple Estates plat, the South fifty feet (50') of Lots 1 and 2 of the Apple Ocean Estates,Plat II, and Lot 3 of the Ocean Apple Estates, Plat II, and Lots 1 and 2 of the Ocean Apple Estates, Plat III. The Fontaine Fox House is located on Lot 2 1; of the Ocean Apple Estates, Plat III at 610 North Ocean Boulevard. Section 2. That Section 2, "Requirements of Designation" of Ordinance No. 43-11 of the City of Delray Beach is hereby amended to read as follows: Requirements and Restrictions of Designation Not withstanding Notwithstanding any provision of the City Code of the City of Delray Beach and any other provision of this Ordinance, the following requirements shall apply to the use and development of the Individually Designated Historic Fontaine Fox site House Properties: (1) No more than three (3) a total of four (4) dwelling units shall be used, developed, or located within the boundaries of the Historic Fontaine Fox Historic Site House Properties. T e Three dwelling units currently exist on the historic site within the designated boundary,with one unit on Lot 1, Ocean Apple Estates (615 North Ocean Boulevard), and the other one on Lot 2 1, Ocean Apple Estates, Plat III (610 North Ocean Boulevard), and one unit on Lot 3, Ocean Apple Estates, Plat II (605 Andrews Avenue). An additional dwelling unit may be constructed on Lot 2 of Ocean Apple Estates,Plat III. (2) No dwelling unit used or developed on that portion of the Historic Fontaine Fox Historic Site House Properties 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. (3) No dwelling unit, or any portion thereof, shall be developed within the south fifty feet (50') of Lots 1 and 2 of the Ocean Apple Estates,Plat II. 2 ORD. NO. 43-12 (4) Lot 2 of Ocean Apple Estates, Plat III shall include the following development restrictions: (i) a seventy foot (70') front building setback line, (ii) a twenty-three foot(23') south side building setback line, (iii) a thirteen foot (13') south side landscape easement for landscape materials only, (iv) a twelve foot (12') north side landscape easement for landscape materials only, (v) installation of fences, walls, or other hardscape materials within the landscape easement is prohibited, (vi) a maximum building height of 25' from grade to the roof line, (vii) a maximum of 4,200 total square feet, under-air, for a primary residence, and total 700 square feet for a guest house. Section 3. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Designated Districts, Sites, and Buildings", Subsection (I), "Local Register of Historic Places", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (I) Local Register of Historic Places_ The following Historic Districts, Sites, and/or Buildings are hereby affirmed or established: (1) NASSAU PARK HISTORIC DISTRICT which consists of Lots 2-19 of Nassau Park, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida; Lots 1-12 of Wheatley Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County, Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat Book 21, page 95 of Palm Beach County, Florida. (Original designation by Ordinance 97-87 adopted on January 12, 1988) (2) OLD SCHOOL SQUARE HISTORIC DISTRICT which consists of the south one-half of Block 57 and Blocks 58-62, Blocks 65-70, the west half of Blocks 74 and 75, and Lots 1-6 of Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records.. (Original designation by Ordinance 1-88 adopted on February 9, 1988). (3) DEL-IDA PARK HISTORIC DISTRICT which consists of Blocks 1 through 13, inclusive, along with Tracts A, B, and C DEL-IDA PARK, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 9 at Page 62 (Original designation by Ordinance 9-88 adopted on March 22, 1988) (4) SUNDY FEED STORE, located on the South 85 feet of the North 153 feet of Lot 1, Block 84, Delray Beach, Palm Beach County. (Original designation by Ordinance 102-88, August 23, 1988, Note: In 1991, the structure was relocated outside of the City of Delray Beach.) 3 ORD. NO. 43-12 (5) HISTORIC DEPOT SQUARE, located on a parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach (Original designation by Ordinance 119-88, October 11, 1988) (6) MARINA HISTORIC DISTRICT which consists of Lots 1 to 11, inclusive, Lots 22 to 66, inclusive and Lots 83 to 93, inclusive, Palm Square, an unrecorded Plat located in Block 125 and Block 133 of the Town of Linton n/k/a Delray Beach (according to the plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida);Together with Lots A, D, E and F, Riker Square, according to the Plat thereof, recorded in Plat Book 18, Page 74 of the Public Records of Palm Beach County, Florida; Together with all of Anchorage Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 3060, Page 369, of the Public records of Palm Beach County, Florida, said Condominium being located within Lots B and C, Riker Square, according to the Plat thereof, recorded in Plat Book 18,Page 74 of the Public Records of Palm Beach County, Florida; Together with Lot 1 and Lots 5 to 12, inclusive, Resubdivision of Block 118,Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida; Together with all of Sloan Hammock Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 9271, Page 258, of the Public records of Palm Beach County, Florida, said Condominium being located within Lots 2, 3 and 4, Resubdivision of Block 118, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 7, inclusive and Lots 13 to 24, inclusive, Resubdivision of Block 126, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 11, Page 4 of the Public Records of Palm Beach County, Florida; Together with the South 50 feet of the North 176 feet of the West 165 feet of Block 126, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 8, inclusive, and Tracts A and B, Marine Bay, according to the Plat thereof, recorded in Plat Book 89, Page 162 of the Public Records of Palm Beach County, Florida; Together with all of Block 134 lying West of Intracoastal Waterway, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Together with Lots 13 to 24, inclusive (less South 15 feet SE 3rd Street and North 15 feet SE 2nd Street R/WS, Gracey-Byrd Subdivision, according to the Plat thereof, as recorded in Plat Book 10,Page 52 of the Public Records of Palm Beach County, Florida;Together with Lots A to E, inclusive, The Moorings, according to the Plat thereof, as recorded in Plat Book 20, Page 27 of the Public Records of Palm Beach County, Florida; Together with the North 1/2 of the South 1/2 of Block 127 (less the North 64 feet thereof, & the West 20 feet SE 7th Avenue R/W), Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; together with Lots 1 and 2, Stone Hedge, according to the Plat thereof, as recorded in Plat Book 58, Page 176 of the Public Records of Palm Beach County, Florida; Together with Lots 23 and 24, and the East 8 feet of abandoned alley lying west of and adjacent thereto, Block 120, Blank-Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13,Page 28 of the Public Records of Palm Beach County, Florida;Together with Lots 1 to 3, inclusive, and the North 20 feet of Lot 4, Block 128, Blank-Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida. 4 ORD. NO. 43-12 (Original designation by Ordinance 156-88 adopted on December 20, 1988; Amended by Ordinance 38-07, February 2, 2008;Amended by Ordinance 10-09,March 17, 2009) (7) THE KOCH HOUSE, 777 North Ocean Boulevard. Palm Beach Shore Acres, Lot 21, Block D, Delray Beach, Palm Beach County. (Original Designation by Ordinance 162-88,January 10, 1989.) (8) SITE OF SCHOOL NO. 4 DELRAY COLORED, located on Block 28, Lot 2, N.W. 5th Avenue. (Original designation by Ordinance 16-89,April 11, 1989) (9) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W. 4th Avenue, located on Lot 7, Block 28, Delray Beach. (Original designation by Ordinance 17-89,April 11, 1989) (10) ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH, 119 N.W. 5th Avenue, located on Lot 5, Block 27, Delray Beach (Original designation by Ordinance 18-89, April 11, 1989) (11) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE 275, 85 N.W. 5th Avenue,located on Lot 1, Block 28, Delray Beach (Original designation by Ordinance 19- 89,April 11, 1989) (12) ST. MATTHEW EPISCOPAL CHURCH, 404 S.W. 3rd Street, located on Lot 1, Block 32,Delray Beach (Original designation by Ordinance 20-89,April 11, 1989) (13) HISTORIC FONTAINE FOX HOUSE PROPERTIES,The Fontaine Fox House is located at 610 N. Ocean Boulevard; the complete boundary of the site consists of located on Lot 2 1 of Ocean Apple Estates;; Lots 1 and 2, Ocean Apple Estatcs; and a portion of, Lots 1 and 2 of Ocean Apple Estates, Plat I4 III;; described as the South 50 feet of Lots 1 and 2, Ocean Apple Estates, Plat II; and Lot 3, Ocean Apple Estates, Plat II. (Original Designation by Ordinance 70-89, October 24, 1989, as amended by Ordinance 43-11, December 6, 2011). (14) THE SCOTT HOUSE, 19 Andrews Avenue, located on the North 50 feet of the West 110 feet of the South 100 feet, less the West 10 feet of the Beach Lot 15, Subdivision of the Fractional East Half of Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 17-90, May 22, 1990). (15) THE COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX, located on the South 12 feet of Lot 18, Alley South of Lot 18, East 25 feet of Lot 21 and Lots 22, 23, 24 and 25, Inclusive, Block 108. And Lots 5, 6 and 7, Less 5 foot Road R/W, Block 108, Town of Delray,with the designation pertaining to the buildings only and not the grounds. (Original designation by Ordinance 22-91,March 26, 1991) 5 ORD. NO. 43-12 (16) MILTON-MYERS POST NO. 65, THE AMERICAN LEGION OF THE UNITED STATES, 263 N.E. 5th Avenue, located on Lots 5, 14 and 15, Block 106, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 68-94, October 18, 1994.) (17) SOLOMON D. SPADY HOUSE, 170 N.W. 5th Avenue,located on Lots 5, 6 and the north 26.25 feet of Lot 7, Block 19, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 08-95, February 7, 1995.) (18) THE SUSAN WILLIAMS HOUSE, located at 154 N.W. 5th Avenue, Delray Beach, Florida; more particularly described as follows: south 12 feet of Lot 7 and Lot 8, Melvin S. Burd Subdivision, as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida (154 N.W. 5th Avenue). (Original designation by Ordinance 09-95, February 7, 1995; amended by Ordinance 29-02,July 16, 2002.) (19) THE MONTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12, Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 27-95,June 6, 1995.) (20) THE HISTORIC BUNGALOW, 24 North Swinton Avenue,located south 50 feet of Lot 11, Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 28-95,June 6, 1995.) (21) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lots 12, 13, and 14, Block 117, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 29-95,June 6, 1995.) (22) THE SANDOWAY HOUSE, 142 South Ocean Boulevard. Beach Lots Delray, the South 73 feet of the North 100 feet of Lot 24, less the West 355 feet, as recorded in Plat Book 1, Page 25, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 57-96, December 3, 1996.) (23) WEST SETTLERS HISTORIC DISTRICT is bounded on the north by Martin Luther King,Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley running north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street and the east-west alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd Avenue and the alley in Block 43; the east-west alley in Block 36 and Block 28 and the south property line of Lot 13, Block 20. The western boundary is the north-south alley and the eastern one-half(1/2) of the block south of the alley of Block 19; the north-south alley in the north half of Block 20. (Original designation by Ordinance 6- 97, February 18, 1997;Amended by Ordinance 38-07, February 5, 2008). (24) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, located on a portion of the Trinity Evangelical Lutheran Church property at 400 North Swinton Avenue, 6 ORD. NO. 43-12 Delray Beach, Florida; more particularly described as the East 1/2 of Lot 12, Section 8-46-43, Delray Beach, Palm Beach County, Florida. The chapel is the only building in the church complex receiving an historic designation. The church complex is located at the northwest corner of Lake Ida Road and Swinton Avenue. (Original designation by Ordinance 26-97,July 1, 1997.) (25) THE TURNER HOUSE, located at 145 N.E. 6th Avenue, Delray Beach, Florida; more particularly described as the South 27.6 feet of Lot 5, less the West 5 feet SR R/W, Lots 6 & 7, less the West 5 feet SR R/W, of Block 115, as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County,Florida. (Original designation by Ordinance 46-97,November 18, 1997.) (26) THE PRICE HOUSE, located at 1109 Sea Spray Avenue, Delray Beach, Florida; more particularly described as Lot 11, Sea Spray Estates, as recorded in Plat Book 21 at Page 15 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 12-98, March 3, 1998.) (27) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURCH OF DELRAY BEACH, located at 36 Bronson Street, Delray Beach, Florida; more particularly described as Lots 16, 17, 18 and 19, Block 3, Ocean Park Subdivision, as recorded in Plat Book 5 at Page 15 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 46-99, November 16, 1999.) (28) THE ATLANTIC AVENUE BRIDGE (State Structure #930864), located at East Atlantic Avenue and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 18-00,August 15, 2000) (29) THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the N.E. 8th Street Bridge, (State Structure #930026), located at George Bush Boulevard and the Intracoastal Waterway in the City of Delray Beach,Palm Beach County, Florida. (Original designation by Ordinance 19-00,August 15, 2000.) (30) THE WATER HOUSE, located at 916 and 918 Northeast 5th Street, Delray Beach, Florida; more particularly described as the West 84.82 feet of Lot 37, Las Palmas, Delray Beach, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 10 at Page 68. (Original designation by Ordinance 15-01, February 20, 2001.) (31) THE O'NEAL HOUSE, located at 910 N.E. 2nd Avenue, Delray Beach, Florida, more particularly described as follows: Lots 1, 2, 3, 28 and 29, Block 10, Dell Park, Delray Beach, Palm Beach County, Florida, according to the Plat thereof, recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 27-02,July 16, 2002.) (32) THE AMELUNG HOUSE, located at 102 NE 12th Street, Delray Beach, Florida, more particularly described as follows: Lot 9, Block 6, Dell Park, according to the Plat recorded in Plat 7 ORD. NO. 43-12 Book 8, Page 56, recorded in the Public Records of Palm Beach County, Florida; said land situate, lying and being in Palm Beach County, Florida. (Original designation by Ordinance 25-03,August 19,2003.) (33) THE DEWITT ESTATE, located at 1110 North Swinton Avenue, Delray Beach, Florida, more particularly described as the East 365.69 feet of Lot 8 (less the West 40.00 feet of the South 20.00 feet of said East 365.69 feet of Lot 8) Subdivision of South half of East half of Lot 8, Section 8, Township 46 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 71-04,January 4, 2005.) (34) THE HARTMAN HOUSE, located at 302 N.E. 7th Avenue, Defray Beach, Florida, more particularly described as follows: Lots 13 and 14,Block 113, Highland Park according to the map or plat thereof as recorded in Plat Book 2, Page 79, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 26-05,May 3, 2005.) (35) THE SEWELL C. BIGGS HOUSE, located at 212 Seabreeze Avenue, Defray Beach, Florida, more particularly described as follows: Lot 21 and the West 35 feet of Lot 22, Defray Beach Esplanade, according to the plat thereof, as recorded in Plat Book 18, Page 39,Public Records of Palm Beach County, Florida. (Original designation by Ordinance 50-05,July 19, 2005.) (36) THE HARVEL HOUSE, located at 182 NW 5th Avenue, Defray Beach, Florida, more particularly described as follows: Lots 2 and south five feet of Lot 1, Melvin S. Burd Subdivision, according to the map or plat thereof as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 16-10,July 20, 2010.) (37) ADAMS AUTO DEALERSHIP, located at 290 SE 6th Avenue, Defray Beach, Florida, more particularly described as follows: Lots 30 and 31, Block 111, Town of Delray. (Original designation by Ordinance 24-12,August 21, 2012) (38) WATERS-WELLENBRINK RESIDENCE, located at 290 SE 6th Avenue, Defray Beach, Florida, more particularly described as follows: West 25.13 Feet of Lot 32 & Lot 33, Defray Beach Esplanade. (Original designation by Ordinance 29-12, October 16, 2012) 8 ORD. NO. 43-12 Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 201 . Al-.LEST MAYOR City Clerk First Reading Second Reading 9 ORD. NO. 43-12 MARINA > SOUTH WAYS Q DELRAY THE Ct LANDINGS b ct ea = WEDGE— CONDO CRESTWOOD DRIVE O WOOD CONDO ~ Q NALYOP0 PO MI Q •. M.S.A. M.S.A. TRACT EM > ',. TRACT — w J 2 -J 1 k et < _ l_ _ _,_ ~ CHARBOR DRIVE ' HARIBOR DRI IL CO w Ct CO / .‘w Et o 0 W r1 U < Q ISLAND DRIVE MEI: I r tnLLJ / w 0 O z EXISTING LOT CONFIGURATION ORINANCE 43-11 MARINA SOUTHWAYS i DELRA Y THE Ct LANDINGS b WEDGE— CONDO CRESTWOOD DRIVE Ai k WOOD w O CONDO ~ QIII (2 PAYYDPD PD. Q !. M.S.A. M.S.A. TRACT 1 2 : > '`.i TRACT r 1 r 2'`t'`' _, 1 k Q . 1 f— CHARBOR DRIVE HARD R�DRIVE COr.. / , CIO X Q w IY n Q O 0 > ( 1 U . a Q ISLAND DRIVE (/) Milt Z / -w U Ir 0 111=1111° N HISTORIC FONTAINE FOX HOUSE PROPERTIES NEN OCEAN APPLE ESTATES PLAT II — ..BOUNDARY OF DESIGNATED HISTORIC -- PROPOSED LOT CONFIGURATION PROPERTY.FONTAINE FOX HOUSE f . DEP61n ORDINANCE 43-12 OCEAN APPLE ESTATES PLAT III _ OCEAN APPLE ESTATES *HFOUSE SITE FOX a� a HOUSE SITE • -- DIGITAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File—Cab\Z—LM 1001-1500\LM1294_610 North Ocean Blvd_Fontaine Fox2 PROPERTY Mt ' St451i _ " n 1 i r ` 1 rYTI i +I i I il 1 I tIC A 9 . sy I E. CY' a i A i1m OP -., § I 5 tI. g ,...„ Plillii b v, 1 s e I . 1 - C nlF I(I., N. 1 E 1 §13 i Ai ®A — . ‘.:' — fa r-1 it i )42 I" s .1 sa'• f= 8 8 R [41 r xiii,_, ii„.g • i q e J 1 9 ..M� .. ,.. 1 ! . . , {- 41 g Imo\ ti t, . # . ill f:, \i. .1.. L J 4 V'L' y. . V S t r 1 j•AAAeK h h A A A h A A P 1 v, .... { STATE MAD....1.4.. • € 1; Ocean Apple Estate li, _;St I f D m rl eiel4 =o O i m l Hliii 1.11 4; N 610 North Ocean Boulevard — -A3• $$i[ ;" - $S ¢ State Road A-1-A,Delray Beach,Florida !i_ € 9il I CarcE PEN avuOCEAN APPLE ES TA TES • PLAT THREE • SITE i BEING A 2, , PLAT 65, PAGE (P.B.CP.R.) BEING IN SECTION OF 9, TOWNSHIP 46OCEAN SOUTHAPPLE, RANGEESTATES 43 EAST, CITYBOOK OF DELRAY100 BEACH, PALM.,,,:.op, BEACH COUNTY, FLORIDA. "• NOVEMBER 2012 cam'cr PKn EEACH LEAD I•ET SHEET 1 OF 2 STATE O-FLOWCIA LOCH TO L MAP(N7 SCALE) Pr FLAT k/S RID PR ECM AT__ DO_—MrO,.___ • • DEDICATION MORTGAGEES CONSENT TITLE CERTIFICATION E_NOGLr RIDELEPP MDIXFO wrW¢___ WOW ALL AEN BY TWEE FTCSLRTS THAT FRANK C AMHCI I AND NASA STATE 0 FLORIDA) STATE CC RM. ACIOJ£Y DImERS o'TIE LMD SAWN NERE0V 00 RE FLAT A LA T CF LOT 2 BAN CONry aPALM FAO/) TOMTIT OrPALM LCA01 AYR.R EDS DOMINO OFT/SLOA ARLE ESTATES RAT BOOK 65 PACE IX(P.BCPR2 WAG N SECTTN'9.R 46 Sal. 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NEL V NO B TAXESCPCWS oC TNQ MAT NMIE., ICE SURVEYORS CERTIFICATE.• FORE Cr PC RAEANT PNERFMAYF OR • ALL CETERA!.1JR11Y US 9/I p r(MALE TO ANY ROC 0t 4Y.E RESENT RSTNCl/0IS THAT ARE/AT{EO?'iE0 CN 0/15 FRVA IE VOITY,SWI AS E/I AOI LINED TO SILRAI MANAGE 0.ATDMIlMYAF/ 4TN I/CPORK•ACOROS ELECTRIC FROt OATS ORS NO 57/X,CCMI LANDCn ri Mt]KA 1NS K TO CERT,THAT DE RAT 9UWN FEFLOV/S A TR.0 MO canrcr o•-PUM'EACH CANTY,ROaL. I/STALL TI RLJL'ED IANCE AN NO 53T CODS tTIRETL REPRESENTATION Cr A SLEvEY AMLE MFR MY RE500LSELE LMECTXN MO • MIALU RnAIW ENNR Alt.CUTXNO ERVC IIlCH50J `•I N4f. 1 SERVICES 93 OT NRN LN2 PITH ER FL CAD SERVIQS CT APO BN90t THAT OR ACME R S ACQBATE TO PC 0.r515)MT T PC OIY C QLRAY FAO/51ERBY(RANTED RECIPE TCLER'KTC GSCRODOJ FLOC FA(Lrv. TRCL RENTS T(P.CP.)A.:ISTEFETvT MMRE BEEN RACED AS al:0WDI DE RK/WO'AEPOSSCR EACMTIKYAM . 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