HPB-03-07-12 40 OA, AGENDA
HISTORIC PRESERVATION BOARD
Meeting Date: March 7, 2012 Time: 6:00 P.M.
Type of Meeting: Regular Meeting Location: City Commission Chambers
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
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not provide or prepare such record. Two or more City Commissioners maybe in attendance.
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF AGENDA
MINUTES
February 2, 2011
IV. ACTION ITEMS
A. Certificate of Appropriateness (2012-073)
22 NE 5th Street, Del-Ida Park Historic District
Applicant/Property Owner: Robert O'Neill
Consideration of a Certificate of Appropriateness for site alterations on a contributing property, and
two waiver requests associated with the installation of a fence higher than 4' in the front setback,
and reduction of the sight visibility triangle at the intersection of the driveway and public right of
way.
VI. REPORTS AND COMMENTS
❖ Public Comments
• Board Members
❖ Staff
VII. ADJOURN
am* E. aeuavicez
Amy E. Alvarez
Historic Preservation Planner Posted on: February 29, 2012
DELRAOY BEACH
F L Y I D A
All-America City
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2001 SIGN IN SHEET
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Regular Historic Preservation Board Meeting
March 7, 2012
PRINT FULL NAME ADDRESS OR ITEM NO.
ORGANIZATION
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HISTORIC PRESERVATION BOARD
March 7, 2012
MEETING COMMENCED: 6:40 P. M. MEETING ADJOURNED 7:30 P. M.
NAME ATTEND MINUTES IV. A. COA 22 NE 5th Street
02/02/11 COA Waiver Waiver—Sight
Fence/Walls Visibility Triangle
4to0 3to1 3to1 4to0
VOTE
TOM STANLEY P
ANA MARIA APONTE P No No Made Motion
RONALD BRITO P
SAMUEL SPEAR P Made Motion Made Motion 2ND 2ND
ANNETTE SMITH P 2ND Made Motion
ANNIE ADKINS ROOF A
IRIS MCDONALD A
4.
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- -----�-- March 7, 2012
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MEETING COMMENCED: 6A0 P. M. MEETING ADJOURNED P. M.
NAME ATTEND MINUTES IV. A. COA 22 NE 5th Street
02/02/11 COA Waiver Waiver— Sight
-Ct > -f& / Fence/Walls Visibility Triangle
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TOM STANLEY P % /U --
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ANA MARIA APONTE , P ./- C
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ANNETTE SMITH P o2,41- TV V I
ANNIE ADKINS ROOF A
IRIS MCDONALD A
CITY OF DELRAY BEACH
HISTORIC PRESERVATION BOARD ORDER
In Re: 22 NE 5`h Street, Del Ida Park Historic District
Robert O'Neill, Applicant/Property Owner
ORDER
Following consideration of all the evidence and testimony presented at the March 7, 2012
meeting before the Historic Preservation Board for the City of Delray Beach and Pursuant to
LDR Section 2.4.6(H), 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. The Historic Preservation Board
finds that there is ample and competent substantial evidence to support its findings that the
application for Consideration of a Certificate of Appropriateness (2012-073) and two Variance
requests associated with fences and walls, and sight visibility gle measurements to the
contributing structure on the property referenced above is hereby granted denied by a
vote of`3 - ( .
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 being appealed.
Based on the entire record before it, the Historic Preservation Board adopts this Order
this 7th day of March 2012.
Historic Preservation Bo
copies to: Mr. Patrick O'Neill �i1 ✓Llz
HISTORIC PRESERVATION BOARD
MEMORANDUM STAFF REPORT
Property Owners: Robert O'Neill
Project Location: 22 NE 5th Street, Del-Ida Park Historic District
HPB Meeting Date: March 7, 2012 File: 2012-073
ITEM BEFORE THE BOARD
The item before the Board is the consideration of a Certificate of Appropriateness (COA), and
Waiver requests associated with site alterations on a contributing property located at 22 NE 5th
Street, Del-Ida Park Historic District, pursuant to Land Development Regulations (LDR)
Section 2.2.6(D) and 2.4.6(H).
BACKGROUND & PROJECT DESCRIPTION
The subject property is located on Lot 19, Block 6, Del-Ida Park and is zoned R-1-AA (Single
Family Residential). The property contains a circa 1963 Contemporary style residence classified
as contributing to the Del-Ida Park Historic District.
There are no previous COA requests on file.
The subject request consists of the following improvements:
• Installation of a 4' high, wood, picket fence painted white and containing pineapple cutouts
in every fourth picket;
o Locations: Parallel to front (north) property line, offset by 2', and angled into the
property at the driveway; alongside (west) property line spanning 22' into the property
from the front property line and connecting to an existing 6' high wood fence.
• Installation of a 6' high board on board fence along side (east) property line starting 2' from
front property line (connecting with proposed picket fence) and spanning approximately
26'-6" into the property to connect with the existing 6' wood fence, and run west to the
structure with an 8' wide portion of fence containing an entry gate;
• Installation of new landscaping in front yard as follows:
o Fountain grass within front 2' of property, in front of picket fence;
o Coconut Palms, Clusia,Traveler Palms, Texas Sage, Christmas Palm, and Hibiscus
behind picket fence, in front of residence;
• Coquina Sand walking path from driveway to gate at east of residence;
• Addition of a front deck made of wood and measuring 6' x 6', located adjacent to the
driveway.
There are 2 waiver requests associated with the subject proposal as follows:
• Permit a fence over 4' high within the front setback;
• Permit a 4' high fence within the required site visibility triangles located at the intersection of
the driveway with NE 5th Street.
1122 NE 5"Street;COA 2012-073
HPB Meeting March 7.2012
Page 2 of 5
The subject COA and waiver requests are now before the Board for consideration.
SITE PLAN & DEVELOPMENT STANDARDS
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.
LDR Section 4.5.1
(E) Development Standards:
All development regardless of use within individually designated historic properties and/or
properties located within historic districts, whether contributing or noncontributing, residential or
nonresidential, shall comply with the goals, objectives, and policies of the Comprehensive Plan,
these regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary
of the Interior's Standards for Rehabilitation.
(E)(3)(a)1.c., Buildings, Structures, Appurtenances and Parking; Fences and Walls:
Fences and walls over four feet(4) shall not be allowed in front or side street setbacks.
STAFF COMMENT:
The proposed 4' high picket fence complies with the subject requirement, with the exception of
the posts which measure 4'-6". A condition of approval is recommended to reduce the posts to
4' and revise the pickets accordingly. However, a 6' high fence is proposed to be located within
the front setback of 30'. Therefore, a waiver to exceed the 4' height requirement has been
requested and is analyzed further in this report.
(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.
(E)(8) Visual Compatibility Standards. All improvements to contributing buildings, structures
and appurtenances thereto within a designated historic district 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 and other criteria set forth elsewhere in Section
4.5.1.
The following criteria apply:
(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.
• ` "22 NE 51'Street;COA 2012-073
HPB Meeting March 7,2012
Page 3of5
STAFF COMMENT/ANALYSIS:
Overall, the intent of the Standards for Rehabilitation, Guidelines, and Visual Compatibility
Standards have generally been met with the proposal. It is understood from the desired
improvements that a specific style of front yard atmosphere is desired, which is in keeping with
the feel of Delray Beach and South Florida in general. While the fence type and style may not
be consistent with the simple contemporary style of the residence, the improvements do not
detract from the architecture; rather they lend themselves to complimenting the painted stone
accent on the front elevation.
Based on the comments provided above, positive findings can be made with respect to LDR
Section 4.5.1(E)(8).
Pursuant to LDR Section 4.6.14(B), Sight Visibility Triangle Measurements, the area on both
sides of a driveway formed by the intersection of a driveway and a street or alley with a length of
ten (10) feet along the driveway, a length of ten (10) feet along the street or alley right-of-way
and the third side being a line connecting the ends of the other two lines.
Pursuant to LDR Section 4.6.14(C), Intersections, when an accessway intersects a public
right-of-way, all visual obstructions within the sight visibility triangle shall provide unobstructed
cross-visibility at a level between three (3) feet and six (6) feet.
STAFF COMMENT:
The proposed 4' high fence with posts measuring 4'-6" is located within the sight visibility
triangle on both sides of the driveway. The fence to the east of the driveway provides a sight
visibility triangle measuring approximately 4'x4', whereas the fence at the west side of the
driveway provides a sight visibility triangle measuring approximately 10'x8'.
Therefore, a waiver to reduce the sight visiblity requirement on both sides of the driveway has
been requested and is analyzed further in this report.
Landscape Review
The City's Senior Landscape Planner reviewed the proposal and indicated that the alterations
and new plant material are adequate. It was also noted that a Landscape Permit would be
required subsequent to HPB approval.
WAIVER ANALYSIS
Pursuant to LDR Section 2.4.7(B)(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.
Pursuant to LDR Section 4.6.14(B), Sight Visibility Triangle Measurements, The area on
both sides of a driveway formed by the intersection of a driveway and a street or alley with a
length of ten (10) feet along the driveway, a length of ten (10) feet along the street or alley right-
of-way and the third side being a line connecting the ends of the other two lines.
'22 NE 5 Street,COA 2012-073
HPB Meeting March 7,2012
Page 1 of 5
Pursuant to LDR Section 4.6.14(C), Intersections, when an accessway intersects a public
right-of-way, all visual obstructions within the sight visibility triangle shall provide unobstructed
cross-visibility at a level between three (3) feet and six (6) feet.
STAFF COMMENT:
In consideration of the waiver criteria above, the request may be supported subject to
compliance with the recommended conditions in that the location of 4' high fences within the
sight visibility triangle is a minimal increase from the 3' maximum in this area, and will not
adversely affect the neighboring area or create an unsafe situation. The sight visibility triangle
reductions are proposed at 4'x4' east of the driveway and 10'x8' to the west of the driveway.
Therefore, the relief requested is minimal and will not result in a special privilege as it would
also be supported for similar circumstances, as evidenced in previous requests on historic
properties. Therefore, positive findings can be made to reduce the sight visibility triangles at
each side of the driveway.
Pursuant to LDR Section 4.5.1(E)(3)(a)1.c., Buildings, Structures, Appurtenances and
Parking; Fences and Walls, Fences and walls over four feet(4) shall not be allowed in front or
side street setbacks.
STAFF COMMENT:
The proposed 6' fence is situated 2' from the front property line and spans approximately 26'-6"
into the property. The applicant's justification is due to the smaller lots sizes along the street and
close proximity of neighboring properties which can impact the vista from the inside living space.
Therefore, the 6' fence along the east side yard intends to mitigate the impact. However, the
intent of the height limitation in front yards is to maintain an open streetscape aesthetic within
the historic districts. In consideration of the waiver criteria above, the request may be supported
subject to a reduction in encroachment in'that it is limited to the side yard, as opposed to a
continuous wall along the front of the property which screens the historic structure from the right
of way and negatively impacts the streetscape. The granting of this waiver would not adversely
affect the neighboring area, provided that the 6' fence is setback at least 15' from the front
property line, with the front 15' consisting of the 4' picket fence. This will also balance the
property as a 4' picket fence is also proposed at the west side of the driveway. Further, the
request will not result in a special privilege as similar requests have been approved and would
continue to be supported in the future when appropriately requested. Therefore, positive
findings can be made to permit the location of a 6' wood fence within the front setback, provided
it is 15' from the front property line.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move approval of the Certificate of Appropriateness (2012-073) for 22 NE 5th Street, Del-
Ida Park Historic District by adopting the findings of fact and law contained in the staff
report, and finding that the request and approval thereof meets the criteria set forth in the
Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines,
and the Secretary of the Interior's Standards for Rehabilitation.
' N-22 NE 5fh Street:COA 2012-073
HPB Meeting March 7:2012
Page 5 of 5
C. Move denial of the Certificate of Appropriateness (2012-073) for 22 NE 5th Street, Del-Ida
Park Historic District by adopting the findings of fact and law contained in the staff report,
and finding that the request does not meet the criteria set forth in the Land Development
Regulations, the Delray Beach Design Guidelines, and the Secretary of the Interior's
Standards for Rehabilitation. (Motion to be phrased in the affirmative. See above)
RECOMMENDATION
Certificate of Appropriateness
Move approval of the Certificate of Appropriateness (2012-073) for 22 NE 5th Street, Del-Ida
Park Historic District by adopting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof meets the criteria set forth in the Land
Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the
Secretary of the Interior's Standards for Rehabilitation, subject to the following conditions
1. That the 6' fence be setback 15' from the front property line, upon approval of the waiver
request by the City Commission; and,
2. That the posts of the picket fence be reduced to 4' in height with the pickets reduced to
Waiver: LDR Section 4.5.1(E)(3)(a)1.c., Fences and Walls
Recommend approval to the City Commission to permit an a fence measuring 6' in height within
the front setback, located 15' from the front property line, whereas a maximum height of 4' is
permitted.
Waiver: LDR Section 4.6.14(B), Sight Visibility Triangle Measurements
Recommend approval to the City Commission to reduce the sight visibility triangle at the
intersection of the driveway with the right of way to 4'x4' on the east side and 10'x8' on the west
side, whereas a 10'x10' sight visibility triangle is required.
Report Prepared by:Amy E. Alvarez, Historic Preservation Planner