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HPB-08-17-11 04, AGENDA tly 8 HISTORIC PRESERVATION BOARD Meeting Date: August 17, 2011 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 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. MINUTES • July 7, 2010 • July 21, 2010 V. ACTION ITEMS A. 124 North Swinton Avenue, Old School Square Historic District — Great American Beauty, Applicant; Dave Sneiderman, Authorized Agent. Certificate of Appropriateness (2011-170) for a new freestanding sign on a contributing property. B. 85 SE 6th Avenue, The Blank House, Individually Designated —Yellow Building, LLC, Property Owner/Applicant; Weiner& Lynne, PA, Authorized Agent. Class Ill Site Plan Modification (2011-061) and Waiver request to the required parking associated with a change of use from garage to office. VI. REPORTS AND COMMENTS • Public Comments • Board Members • Staff VIII. ADJOURN anw E., atigatez Amy E. Alvarez Historic Preservation Planner Posted on: August 10, 2011 f HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Applicant: Great American Beauty Authorized Agent: Dave Sneiderman Project Location: 124 North Swinton Avenue, Old School Square Historic District HPB Meeting Date: August 17, 2011 File No: 2011-170 ITEM BEFORE THE BOARD The action before the Board is a Certificate of Appropriateness for the installation of a free-standing sign on a contributing property located at 124 North Swinton Avenue, Old School Square Historic District, pursuant to Land Development Regulations (LDR) Section 2.4.6(H). BACKGROUND & PROJECT DESCRIPTION The subject property consists of the south 4.5' of Lot 11 and the north 70.5' of Lot 12, Block 59, Town of Delray and is zoned OSSHAD (Old School Square Historic Arts District). Located on the west side of North Swinton Avenue, between NW 1st and NW 2nd Streets, the property is classified as contributing within the Old School Square Historic District. The principle structure is a circa 1910 frame vernacular style, two-story building which was converted from a single-family residence to retail in 1993. In 2010, the demolition of a circa 1985, one-story garage occurred to make way for the construction of a two-story accessory building to be used for additional office space. The construction and all associated improvements are now complete. The subject request is for the installation of a free-standing sign located in the front yard of the subject property approximately one foot (1') from the front property line. The sign will be mounted to two (2) decorative, fluted aluminum poles with a decorative base and finials at the top. The street number"124" will be placed in an oval flanked by decorative scroll work all made of aluminum and welded to the sign. The double-sided sign face will be made of %" thick diebond with vinyl graphics is proposed with the following details: • Dimensions: o Posts: 84" tall, plus finial. o Sign: 48" tall, 60" wide. • Background : o Upper portion: Pink o Lower portion: White • Fonts: o "Great American Beauty"— Script font in black. o "Palm Beach Beaute"' —Block style with serifs and capital letters in black. • Graphics: White leaves and vines frame the upper portion of the sign, and a contemporary style face is slightly off center and below the company name. • Border: Pink; frames the two business names and a line separates them within the singular piece of diebond. The COA request for approval of an as-built freestanding sign is now before the Board for consideration. 124 North Swinton Avenue.2011-170 HPB Meeting August 17,2011 Page 2 of 5 ANALYSIS LDR SECTION 4.6.7—SIGNS LDR Section 4.6.7(A) is noted below as it applies to the subject signage request(emphasis added). (A) Purpose: The purposes of these sign regulations are: to minimize the possible adverse affect of siqns on nearby public and private property' to foster the integration of signage with architectural and landscape designs. (2) Preservation of Community's Beauty: The City of Delray Beach which includes a beach resort community as well as major office and industrial parks relies heavily on its natural surroundings and beautification efforts to retain its economic advantage. This concern is reflected by actively regulating the appearance and design of signs. (3) Property Value Protection: Signs should not create a nuisance to the occupancy or use of other properties as a result of their size, height, brightness, or movement. They should be in harmony with buildings, the neighborhood, and other conforming signs in the area. STAFF ANALYSIS: The above noted LDR has been provided with particular emphasis placed on those components applicable to the subject proposal and should be taken into consideration upon review by the Board. Upon review by Staff, it does not appear that the proposed sign complies fully with the above noted purposes with respect to fostering "the integration of signage with architectural" designs and its "harmony with buildings, the neighborhood, and other conforming signs in the area." The sign aesthetics lack the required relationship with the aesthetics of the building with respect to overall design and appearance, (with the exception of the color scheme). Specific concerns include the contemporary graphics and size. Further analysis and suggested revisions are noted below and in the Staff recommendation. LDR Section 4.6.7(D) (2) (a)-(c) addresses "Aesthetic Qualifications" and states: The aesthetic quality of a building, or of an entire neighborhood, is materially affected by achieving visual harmony of the sign on or about a structure as it relates to the architecture or the building or the adjacent surroundings. The following aesthetic conditions must be met: (a) Garishness: The overall effect of the lettering, configuration or color of a sign shall not be garish. "Garish" signs are those that are too bright gaudy, showy, glaring, and/or cheaply brilliant or involving excessive ornamentation. Garish signs are not in harmony with and not compatible with the building or adjacent surroundings. (b) Scale and Conformity with Surroundings: The scale of the sign in terms of area, shall be consistent with the scale of the building on which it is to be placed or painted and the neighborhood or streetscape where it is to be located. Scale shall also be considered in terms of Subsection (F) (2) with respect to height and area. (c) Quality: All signs shall have a professional appearance that enhances the visual aesthetics of the area. STAFF ANALYSIS: When considering signage within a historic district, it is important to take into consideration the historic character of the district, and more importantly, of the structure to which the sign will be associated. With respect to the aesthetic qualifications noted above, the proposal is not considered to be in compliance as the graphics are not in harmony with the building or adjacent surroundings due to a lack of 124 North Swinton Avenue;2011-170 HPB Meeting August 17,2011 Page 3 of 5 STAFF ANALYSIS CONTINUED: association with the building's time period. The graphics can be described as stylized contemporary design and are part of the business' logo; however, they are not indicative of the circa 1910 structure and its time period. Signage in a historic district is typically of a more unified appearance with respect to the graphics within the sign and the building to which it is associated, specifically the overall tone and character. The proposed signage has not achieved the intent of the noted "Aesthetic Qualifications". The scale of the sign should also be reduced to better frame the business names. As a means of further explaining and graphically representing the analysis and comments above, Staff has provided and attached Exhibit A which shows three (3) revised examples of the sign to address the conflicting time periods between the sign and structure. Revision 1 shows the sign without the graphics; revision 2 shows the sign width reduced (approximately 20") to better frame the business names, and without the graphics; revision 3 shows the sign width reduced, without the graphics, and the two individual business signs separated into two separate signs with approximately four inches (4") between them. Additional analysis with suggested revisions is noted below and in the Staff recommendation. LDR Section 4.6.7(E)(7) contains signage regulations for all historic districts and the OSSHAD zoning district as follows: Signage Regulations for OSSHAD and all Historic Districts Type of Sign Quantity Area (Maximum) Location Height Illumination Wall 30 square feet Building face N/A Permitted Projecting Not more than 30 square feet (face) From building or N/A Permitted under canopy two per lot, parcel Free-standing or development. 30 square feet (face) May be in front 8 Permitted yard setback Under-Canopy 4 square feet (face) Under canopy N/A Permitted STAFF ANALYSIS: The proposed sign complies with the subject regulation as it measures 20 square feet, while the maximum allowed is 30 square feet. Therefore, the sign meets the technical requirements noted above. Note: The Visual Compatibility Standards of LDR Section 4.5.1(E)(8) are applicable to the subject review as it is located in a historic district. Additional analysis with suggested revisions is noted below and in the Staff recommendation. LDR SECTION 4.5.1 — HISTORIC PRESERVATION SITES AND DISTRICTS 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 Sections 4.5.1(E)(5) and 4.5.1(E)(8) provide guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The applicable guidelines are as follows: (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 124 North Swinton Avenue.2011-170 HPB Meeting August 17,2011 Paae 4 of 5 Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended fron- time to time. (See applicable Standards and Guidelines below) (E)(8) Visual Compatibility Standards All improvements to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility shall be determined in terms of height, front facade proportion, proportion of openings (windows and doors), rhythm of solids to voids, rhythm of buildings on streets, rhythm of entrance and/or porch projections, relationship of materials, texture and color, roof shapes, walls of continuity, scale of a building, directional expression of front elevation, architectural style, and additions. 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). The following Visual Compatibility Standards 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. Delray Beach Historic Preservation Design Guidelines The Delray Beach Historic Preservation Design Guidelines suggest the following regarding signage: • Use materials and sign types that are based on historical precedent. • The scale of the signage should relate to the scale and detail of the historic building, and not overwhelm or call attention to the sign. • The material of the sign need not be identical, but should be compatible with the construction materials of the building. • The choice of typeface is a recommended way of conveying the period in which the building waE constructed. Historic photographs of the period may be consulted to identify some common typestyles STAFF ANALYSIS: The intent of the regulations and guidelines noted above has not been met because the sign is not visually compatible with the subject property or the building to which it is associated. This is due to the contemporary graphics, lack of dimension on the fonts, and the juxtaposition of the two signs within one. The character of the two businesses is different, as evidenced by their contrasting font styles. It would be more appropriate to provide separate signs within the proposed posts (see Revision 3 on the attached exhibit). This could also potentially benefit the business owners if a business name changes or no longer exists on the property and would eliminate the need to recreate a sign. In addition to the above, the posts should be revised to wood from aluminum, as this is a more appropriate material for the property and the type of sign proposed. Based on the analysis and comments provided above, Staff cannot make positive findings. Therefore, a recommendation to continue the matter with direction has been provided. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Certificate of Appropriateness for 124 North Swinton Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets 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. • r 124 North Swinton Avenue;2011-170 HPB Meeting August 17,2011 Page 5 of 5 C. Move denial of the Certificate of Appropriateness for 124 North Swinton Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet 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. (Motion to be phrased in the affirmative.) RECOMMENDATION Continue the Certificate of Appropriateness (2011-170) for 124 North Swinton Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request does not meet 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, with the following direction: 1. _T_hatthe posts and framing be revised from aluminum to wood; 2. That the graphics are removed with only the names of the business remaining, or significantly a, revised to provide a less contemporary appearance; / 3. That the fonts be revised to appear dimensional; j Ls�/ --f �'' ��1 �� 4. That the two business signs be s. and, 6 / 5. That the sign width is reduced. 1 6 '..‘ 45 . V ,/VA I r Staff Report Prepared by:Amy E. Alvarez, Historic Preservation Planner Attachments: •Photographs of Sign and Site -.% - / 2e. . t FND CM LEGAL. DESCRIPT1ON: THE SOU1H 4.5 FEET OF LOT 11 AND TIE NORTH 70.5 FEET OF LOT 12. BLOCK 59, TUIWN OF DELRAY REMAINDER OF $f I lPIEPLAT THEREOF,AS RECORDED IN PLATBOOK 11, TD LOT 11 �. ERL RIGHT-OF-WAY PAGE J OF THE PUBLIC RECORDS OF PALM BEACH SHOULD BE REVIEWED COUNTY. FLORIDA. BLOCK 59 ,�v. BY PILE SEARCH r PLAT IS AMBIGUOUS SEr AN o FND 5/8'lR&c I 3 fL000 INPoRAANTION '�LB n3J L—N8g"53'31"W 131.60'q P lP j RLS 326E J�o' 1 r n IN/P• r' —— SOUTH 4.5 -d � —— ——- 1 �Rnm N�A� • 1 NCO CURB OF LOT 11 I o 4jr�aM\ a �C X CCNC CURE �i // L 1.. -4. c(TYPICAL) LASPHALT 1 TTM17' \ �'( 2a; NO 1 r�' MQ:-/ //Mw I I SURVEYORS24.0' Tom \ v E• I;u j 1.NOT VAUD A7�0(?THE SICINTURE AND THE ORIGINAL RAISED SEAL OF A FL01D4 UCEFSED SURVEYOR MO MAPPER. 0 21 6v�l 17.4' 9 8. 2S0'-may Q I y 4 2.LANDS SHOWN HEREON MERE NOT ABSTRIC1ED FOR I. (f�,U) b RIGHTS-OF-WAY,EASEMENTS, ONhFRSI/P, OR OTHER SE1RUMEMS Q I.. 2 STORY 7B' gA PORTON OF t\ I CEMFRU NK141H SOF RECORD BY RADIUS Cf,i4L SURVEYOR&MAPPER LW. AVENUE IS A i0 1 w .W hti OFFICE G LOT 11C & 12 b i �MLP O k 0. BEAR MXrI5'29V AND ALL OTHER BEARINGS ARE RELATIVE 1NERE TO oY �e ^ ,')l b BLOCK 59 H T,, . OI J 4.BENCHMARK REFERENCE _ W) I § c4. E COVERED \X/ TWO FRAMET STORY h Pi �'_J ` 1 `L I aT ETEYATKk/S SHOWN HEREON BENCHMARKPALM BEACH COUNTY COWRY )lam 70 A •�5 1` /` OINCREIE POST7E DECK BP s`- < • GEODETC VERPC4(.DATUM OF 1929. R 2 PORCH 6.5 P 2, • POST COMPOSITE S �►1 6.UNDERGROUND FOUNDATIONS AND NSTACUDONS WERE NOT Z 24.0' '° LANDING 9.8' 2a02a0—�� g LOCATED. ONLY SURFACE EVIDENCE OF SUBTERRANEAN USE IS SHOWN �/cam-/ -, Iilllmr„MIIIII �' '"` 2 I WHEY VISIBLE 7. PIE LAND DESCRIPTION snnN HEREON WAS PROVIDED BY THE a 28.5 110x.Ei E E11 » PAVER ENO J/4" I CLIEVE OR THE CUEN7'S REPRESENTATIVE SET IR&C ' cal NIP i race LB 77JJ ,n �� Cd m PAPS ,� (DISTURBED) REMAINDER OF LOT 12 p�C.S88'53'31"E 131.60'(P&M) L1.9' NIP cr I 3 ALUMINUM RAILING - SURVEYOR'S CERTIRCATe • , I � LEGEND: 11YPICAL) LOT 13 $ la I I HEREBY CERTIFY THAN THIS SURVEY IS TRUE AND CORRECT TO 1 m 4 ESB- ELECTRIC SERVICE BOX BLOCK 59 'd 7HE BEST OF MY KNOWLEDGE AND BELIEF.1 FURTHER CERTIFY THAT y CO- CLEAN OUT A/C - AIR CLWOTI0NER THIS SURVEY MEE7S PIE MINIMUM TECHNICAL STANDARDS AS SET . b 9 AIL?. METAL LIGHT POLE G'ONC= CONICRE7E FORTH BY TIDE FLORIN BOARD OF PROFESSIONAL SURVEYORS AND ' �8 m~ WV= WATER METE? f- CENTERLINE I MAPPERS IN IOCHAPTER DJ 17.051,FLORIN O A INISSIRAINE CODE FI- FIRE E1E CV- (+00 VALVE A/� CUP- CONCRETE BLOCK POLESIM/CURE Wu.'A. GATE UTILITY POLE CUP= CONCRETE UTILITY POLE P - PUT GEOMETRY OR CALCLAAPON ' SCR- BROWARD COUNTY RECORDS i - AE,NURED INDIRECTLY FROM FIELD TRAVERSE DATE. 6-15-1 f gy, PB- PUT BOOK IR&C- RON ROD AND CAP PG- PAGE 0HW- OVERHEAD UTLTY WIRES ANCIA4EL D.KLM/KIENNd MAPPER CM- C4CONC1IE7E MONUMENT 1TCH BASIN 1 a PAVER AVER RIVAL RECNAL SURVEYOR S6611 FLORIDAfLORIW REGYSTRITION No. LS6611 REVISION FB/PG OW DATE CHI. LAST DATE IN FIELD: lad! 7T BOUNDARY SURVEY 6/45 Of? 8/J1/10 MDK BOUNDARY SURVEY 6-2-17 PROFESSIONAL SURVEYTNN&MAPPER,LLC STEMWALL SURVEY 8/53 MK 1-24-10 MOK DRAWN BY: OR 1001 SW 15771 AVENUE FINAL SURVEY SKETCH MK 6-2-11 MOK 124 NORTH SWINTON AVENUE SHEET No. BOCA RAMA FL 33466 DEFRAY BEACH, FLORIDA (561)372-2898 of LICENSED BUSINESS No. LB7733 PROJECT No. 10224 7.r-Vf :"..if 41;',$i III '4!, P.:'.'.,','•." ' ,I vet. „ ,,, ,,:: : ..,„4,4f 't.;",%.' ... 4,... ,,.,1 , .. 4,4..1). , ,, , ", ,t, :•'0'..faikii 'ir T.. 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Si'? li �� t E�I k.- �_ x`. .... gl._It'�� IF , ='>Y .L.i�ri2o,r�'� t. __.. ��: J Proposed Revised 1: graphics removed, background color Revised 2:width reduced approxi- Revised 3: signs separated, width re- continuous, font embossed for dimensional mately 20" to eliminate empty space, duced approximately 20" to eliminate effect. graphics removed, background color empty space, graphics removed, back- continuous, font embossed for dimen- ground color continuous, font em- sional effect, bossed for dimensional effect. MINUTES OF THE HISTORIC PRESERVATION BOARD PUBLIC HEARING/REGULAR MEETING CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA MEETING DATE: July 7, 2010 LOCATION: CITY COMMISSION CHAMBERS MEMBERS PRESENT: Roger Cope, Dan Sloan, Rhonda Sexton, and Darla Sernoff MEMBERS ABSENT: Tom Stanley, Pam Reeder, and Toni Del Fiandra STAFF PRESENT: Amy Alvarez, and Denise Valek I. CALL TO ORDER The meeting was called to order by Chairman Sloan at 6:05 p.m. No one from the Public addressed the Board on non-agenda items. Chairman Sloan read a summary of the Quasi-Judicial Hearing procedures. The Notary swore in individuals for testimony. II. ROLL CALL Upon roll call it was determined that a quorum was present. III. Approval of Agenda: Motion made by Mr. Cope, seconded by Sexton and approved 4 to 0 (Toni Del Fiandra, Pam Reeder, and Tom Stanley absent) to approve the Agenda as written. IV. CERTIFICATES OF APPROPRIATENESS A. 133 NW 4th Avenue, West Settlers Historic District- Property Owners; Mario Gauthier. Consideration of a Certificate of Appropriateness (2010-160) for exterior alterations on a contributing property. Ex-Parte Communications: Mr. Sloan drove the property and spoke with a neighbor. Ms. Sernoff drove by the property. Ms. Alvarez entered project file no. 2010-160 into the record. The subject property consists of the south 17'of Lot 2 and the north 32' of Lot 3, Block 35, Town of Delray and is zoned R-1-A (Single-Family Residential). A circa 1940 frame vernacular style, one story structure is located on the property which is classified as contributing within the West Settlers Historic District. A later porch addition was constructed to the rear of the building, as evidenced upon site inspection. In 2008, a fire occurred in the residence resulting in damage to the interior and also the exterior south elevation. w Minutes - Historic Preservation Board Meeting —July 7, 2010 The existing color scheme consists of white siding and white trim, and no changes are proposed. There are no previous COAs on file for the subject property. The applicant is requesting approval of the following: • Replacement of the existing 1/1 aluminum frame windows with white, 2/1 impact-rated, aluminum frame windows containing dimensional muntins throughout unless otherwise noted; • Removal of the middle window on the south elevation, and replacement with vinyl siding to match existing; • Alteration of western-most window opening on South elevation to a smaller opening due to interior alterations and reconfiguration of spaces; • Removal of eastern-most square window on North elevation; and, • Installation of two-sets of single-pane, slider windows on the east elevation in existing screened openings. Applicant Mr. Mario Gauthier, advised he already owns a 225 year old house in Canada. The hotel building to the rear had a fire in 1955. I attempted to keep all the original windows that were there. However, I was unable to save them. I am concerned about the lead paint. I will attempt to save the Douglas pine fur. I would like an open floor plan in the kitchen. The center line wall is load bearing. I will work with an engineer to accomplish this. Mr. Cope inquired if he was going to make it a single-family house. Mr. Gauthier advised yes. Mr. Gauthier advised he would like to have the roof similar to the LaFrance Hotel. Ms. Sexton advised that one of Ms. Alvarez's concerns were the sliding windows in the back of the house. Mr. Gauthier advised he will try to keep the windows as original as possible. Mr. Sloan advised two single hung windows in each of the openings should be utilized, and anchor the top and bottom. Mr. Gauthier advised he is sure he can find a solution to the problem. Mr. Cope advised the vinyl was pulled off and there are six openings behind the awnings. Mr. Gauthier advised he will keep it as close as possible to the original. The door in the read and front do not open properly. The roof has to be replaced. After an inspection I was advised there were termites but I do not know to what extent. That is another project. Public Comments: None The Board advised they were impressed that Mr. Gauthier was going to restore the house. Mr. Cope inquired whey he couldn't do six windows. Mr. Gauthier advised he will take out two of the windows and have four single-hung windows in its place. Mr. Cope advised he would rather see more single hung windows. Mr. Cope inquired if he would reuse the shutters. Mr. Gauthier advised yes he would. Mr. Cope advised he would put four in line with each other and put the 2 x 4 around the entire opening. Mr. Gauthier advised the wooden windows are not impact resistant. I still have not resolved that as yet. Mr. Cope inquired if the front is going to stay screened in. Mr. Gauthier advised yes. Dan Simpson will supply the impact doors. Mr. Cope advised he should get a good door. Mr. Gauthier advised there are different types of doors on Swinton Avenue. Ms. Sexton advised him to check with his insurance agent to see what the best alternative would be regarding the cost of insurance. 2 J Minutes - Historic Preservation Board Meeting —July 7, 2010 The following Visual Compatibility Standards apply: (E)(g) Relationship of Materials, Texture, and Color-Yes Motion: Motion made by Ms. Sexton, seconded by Mr. Sloan, and approved 4 to 0 (Mr. Stanley, Ms. Reeder, and Ms. Del Fiandra absent) to approve the Certificate of Appropriateness (2010- 160) for the property located at 133 NW 4th Avenue, West Settlers Historic District 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 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 all window frames, sashes, and muntins contain detailing appropriate to the structure; 2. That consideration be given to replace the proposed slider windows on the rear elevation to 2/1 sash windows as proposed throughout the balance of the building; and, 3. That any additional alterations necessitated through site work be completed through the COA process. 4. The Board would like to see that the applicant replace the proposed slider windows with two over one sash windows in keeping with the rest of the structure. B. 124 North Swinton Avenue, Old School Square Historic District- Isabella I. Investments, Inc., Applicant; Harold Ickovics, Great American Beauty. Consideration of a Final Tax Exemption Application (2010-146 - Tax) for improvements on a contributing property. Ex-Parte Communications: None Ms. Alvarez entered project file no. 2010-146 into the record. The subject property consists of the south 4.5' of Lot 11 and the north 70.5' of Lot 12, Block 59, Town of Delray and is zoned OSSHAD (Old School Square Historic Arts District). A circa 1910 frame vernacular style, two story structure remains on the property, along with a circa 1985 one-story accessory structure located along the alley. In 1993, the property was converted from a single-family residence to retail use along with associated site improvements such as landscaping and parking. Located on the west side of North Swinton Avenue, between NW 1st and NW 2nd Streets, the property is classified as contributing within the Old School Square Historic District. At its meeting of March 4, 2009, the Historic Preservation Board (HPB) approved COA 2009- 114 for alterations to the subject contributing structure consisting of the replacement of all of the wood windows, and installation of impact rated, white, aluminum windows. The replacement will eliminate the need for additional hurricane protection on the building exterior. Many of the original windows were 1/1, in addition to three (3) decorative, leaded glass original windows and a set of 4 original windows on the north elevation with a decorative muntin configuration on the upper sash, and a single pane on the lower sash. Single-pane windows were installed in front of the leaded glass windows which were 3 Minutes - Historic Preservation Board Meeting —July 7, 2010 reinstalled on the interior as a means of retaining the historic aesthetics of these windows. The vinyl siding was also removed and the original wood siding was restored. In addition to the window replacement, the new property owner has completed significant restoration improvements on the interior including all trim work, floors, railings, stairs, etc. These were not included with the window application as the HPB does not review interior improvements unless the interior is designated. The applicant is now before the Board to request review of the Tax Exemption Application for the improvements stated above, both on the interior and exterior of the principal structure. While not included with the subject request, it should be noted that landscaping is not permitted as a legitimate expenditure as it is not interpreted as a "site improvement" pursuant to the Florida Administrative Code 1A-38. Board Discussion: Mr. Sloan inquired about two lines for the AC (page 15). It looks nicer when it is covered with the metal chase. Ms. Alvarez advised she would look into that. Mr. Sloan advised the railing on the front porch is funky. Mr. Cope inquired if Mr. Sloan wanted this held up because of the railing. Mr. Sloan advised the railing is a safety issue. You have to have a certain anchor for safety. Ms. Alvarez advised she did not check the front porch railing in a while. The railing is only along the side not on the front (page 3) —it was removed. Mr. Cope page 5 was the only window that had the muntin window. Ms. Alvarez on page 4 they are showing the progress. I believe the leaded glass windows are there in the interior. I remember going to the site after the installation and checking some things out. I questioned them in regard to the leaded glass and the pipes on the south façade. Mr. Cope advised he saw several photos before page 12. Ms. Alvarez advised they took the vinyl off and refinished the original. Mr. Cope advised on page 11 it shows when they good the vinyl out it shows the surround around the window. Ms. Alvarez advised they put the shutters back on all the windows. I will triple check that. Mr. Sloan advised he doesn't know if the front porch railing is something we should be concerned with and if it is a code issue. Ms. Alvarez she spoke with them about the railing and I believe they removed the front portions. They tried to stabilize it and took it off. Mr. Sloan advised he does not believe it meets code. Mr. Cope advised that code is that if it is 2 foot or less drop you don't have to have a rail. Ms. Alvarez advised if it was not up to code it would not have been approved by the Building Department. Ms. Alvarez advised the first floor is all office space. We have been having them submit everything at once in the end as long as it complies with what you approve. You can apply for your first application after eighteen months post CO. Any increased value from these improvements will receive the ten year tax exemption. When you come through with the access story they will get their big savings. Mr. Cope inquired you spent $500,000 and then the County accepts it. Whether you spend $500,000 or $20,000 doesn't matter. The house gets reappraised and the property value goes down. It could appraise for less now that he did the work. At City and County level is incrementally taxed. How does the abatement work? Mr. Sloan advised they would reappraise it at the ten year mark and the taxes would be based on that. Ms. Sexton inquired if they put a number on the extra value. Ms. Alvarez advised their value is $100,000 increased to $150,000. Next year it will be $200,000 and they still get the $50,000 4 Minutes - Historic Preservation Board Meeting —July 7, 2010 exemption. They have given me all the tax exemptions we have in the City. The numbers vary from year to year. The Dietrich's exemption ranged from a $235,000 to $265,000 savings. The historic exemption value was $60,000. Ms. Alvarez advised we had a workshop in January with the County appraisal people and it was confusing at that meeting. We need to get together every six months to review it. We have a new appraiser in Delray Beach and I asked her to meet with individual from some cities when she has time. Mr. Cope advised when he did it several years ago there were people who appealed it, and neighbors challenged it. Ms. Alvarez advised it is up to the property appraiser to estimate the value. The Turner house in the CBD was being assessed at CBD zoning. Ms. Sexton inquired if one person buys the house and they go through the process and two years later they sell it, does it follow the property. Ms. Alvarez advised yes it does. Ms. Alvarez advised she want to develop a brochure on the tax exemptions. This would be of value. Mr. Sloan advised he enjoyed the CLG training , and Mr. Cope advised he thought it was spectacular. Motion: Motion made by Ms. Sexton, seconded by Mr. Sloan, and approved 4 to 0 (Mr. Stanley, Ms. Reeder, and Ms. Del Fiandra absent) to recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application (2010-146) regarding file 2009-114 for improvements to the property at 124 North Swinton Avenue, Old School Square Historic District, based upon positive findings with respect to LDR Section 4.5.1(M). Ms. Alvarez advised the next meeting is scheduled for July 21, 2011 and we will not have a meeting on August 4, 2011. There being no further business to come before the Board, the meeting adjourned at 7:15 p.m. The undersigned is the Acting Secretary of the Historic Preservation Board and the information provided herein is the Minutes of the meeting of said body for July 7, 2010 which were formally adopted and approved by the Board on Executive Assistant If the Minutes that you have received are not completed as indicated above,then this means that these are not the official Minutes.They will become so after review and approval,which may involve some changes. 5 MINUTES OF THE HISTORIC PRESERVATION BOARD PUBLIC HEARING/REGULAR MEETING CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA MEETING DATE: July 21, 2010 LOCATION: CITY COMMISSION CHAMBERS MEMBERS PRESENT: Roger Cope, Dan Sloan, Tom Stanley, Pam Reeder, Toni Del Fiandra and Darla Sernoff MEMBERS ABSENT: Rhonda Sexton STAFF PRESENT: Amy Alvarez, and Denise Valek I. CALL TO ORDER The meeting was called to order by Chairman Sloan at 6:00 p.m. No one from the Public addressed the Board on non-agenda items. Chairman Sloan read a summary of the Quasi-Judicial Hearing procedures. The Notary swore in individuals for testimony. II. ROLL CALL Upon roll call it was determined that a quorum was present. III. Approval of Agenda: Motion made by Mr. Cope, seconded by Mr. Stanley and approved 6 to 0 (Ms. Sexton absent) to approve the Agenda as written. IV. CERTIFICATES OF APPROPRIATENESS A. 17 NE 7th Street, Del-Ida Park Historic District — Susan Stone, Property Owner; Bill Hartman, Authorized Agent. Consideration of a Certificate of Appropriateness (2010-183) for the installation of a PVC fence on a non-contributing property. Ex-Parte Communications: Ms. Reeder and Ms. Sernoff drove by the property. Ms. Alvarez entered project file no. 2010-183 into the record. The subject property is located in the Del-Ida Park Historic District on the north side of NE 7th Street, between North Swinton Avenue and NE 2nd Avenue. The property consists of Lots 6 & 7, Block 1, Del-Ida Park. Lot 6 is vacant, while a single story, circa 1954 structure is located on Lot 7. The single-family residence is classified as non-contributing to the historic district. Minutes - Historic Preservation Board Meeting —July 21, 2010 A 2002 COA is on file for the construction of a swimming pool to the rear of the structure. The current proposal is for the installation of a white, scalloped PVC fence to enclose the portion of the property which consists of Lot 6, spanning the rear of Lot 7, and adding a gate on Lot 7. The height is proposed as follows: • Rear-6' privacy style with decorative scalloped top for a length of 100'. • Side Property Line — West: 4' picket with decorative scalloped top for a length of 34' measuring north from the front property line, then increasing to 6' along the balance of the property line. • Side Property Line — East: 4' picket with decorative scalloped top for a length of approximately 48' measuring north from the front property line, then increasing to 6' along the balance of the property line. A 6' fence and gate will also connect to the residence. • Front Property Line - 4' picket with decorative scalloped top for a length of approximately 50', spanning the entire width of Lot 6. Fences, walls, and gates are typically reviewed and approved administratively; however, the proposal involves the introduction of a modern material and Board approval is therefore required. The COA for the installation of a new fence is now before the Board for consideration. Applicant Mr. Bill Hartman, Bulldog Fence Company, Agent for the owner advised that Ms. Stone is adamant she wants PVC. Around the corner of 6th there are two houses with PVC fencing. There is a paragraph in the report that needs addressing, under staff comments and analysis, paragraph 2. PVC fences do not yellow they load them with titanium. If you buy a product in the Midwest where they don't put titanium in it they will yellow, but no one uses it in the State of Florida. Mr. Hartman passed around a cap made of PVC. PVC is not a new innovation. We use US Fence that supplies Home Depot and Lowes, and they offer a lifetime warranty. Wood can last fifty (50) years or more. The pressure treated wood holds up better. There is a new chemical they put in and in the last three months they have more problems with wood fences. We are having a problem with warping and splitting. It could be the chemical in it. We do not offer a warranty with the wood fencing. You buy it at your own risk. The customer wants to utilize a tongue and groove dry lock system which is the strongest and engineered for hurricanes. This is the strongest PVC product I have seen. The picket is what this looks like. There are two houses on 6th that have pickets. We have a 3" wide picket that looks like the old conventional picket. That it requires more replacement is totally not true. Additionally, it is also untrue that the use of vinyl materials are not environmentally friendly. We recycle the PVC back to the manufacturer and they compress it down. We don't send PVC to the garbage or dump. We don't use cypress anymore because there is a shortage. Aesthetically PVC can't be beat, it is a beautiful fence. Board Discussion: Ms. Reeder inquired if there was an existing fence on the property. Mr. Hartman advised there is a wood fence that is coming down. Mr. Sloan inquired if her objection to wood is a maintenance issue. Mr. Hartman advised PVC is 50% more expensive and there is not maintenance associated with it. 2 Minutes - Historic Preservation Board Meeting —July 21, 2010 Mr. Cope advised he just built a beautiful wood fence. I was told that I was going into too much detail and it would deteriorate. I built it out of cypress and I got my CO in February. The fence is deteriorating in front of my eyes. Mr. Sloan advised he built a gate out of a cypress door twelve years ago. It deteriorated and I switched to marine pressure treated or Eco Life. Mr. Hartman advised he was having a problem with Eco Life. Mr. Cope advised he is not giving up on wooden fences but I can attest to the maintenance program that has to go into them. I would not begin to think about approving it unless we set it back two feet. It is a very attractive fence. Ms. DelFiandra inquired if the new fence would have the same bottom rail. Mr. Hartman advised our pickets are punched through routed holes and they sit inside the rail and so do the solid boards on the six foot fence. Mr. Stanley inquired about the width of the picket. Mr. Sloan advised it was attractive but he would like to see it replicated in wood. Mr. Cope advised the fence across the street is holding up well. I don't like PVC but I am sympathetic. Mr. Stanley inquired if it was the same with the windows— it is coming to PVC. Mr. Cope advised it is non-contributing but this will open the door. Ms. Alvarez advised regrettably the manufacturing of it is not environmentally sound. I was reading an article about the health issues. Mr. Sloan advised it is oil based and the manufacturing is not environmentally sound. Mr. Hartman advised we use the pressure treated fence. Mr. Stanley advised a 1 x 4 or 6 dog eared will last a long time. My suggestion is to replicate the design in wood. Ms. DelFiandra inquired what would the cost be with the wood. Mr. Sloan advised it would be less expensive. Mr. Hartman advised it would need a minimum of two coats of paint. It would be the same price as PVC. Mr. Stanley advised this is a lot of fence and it is not cheap. It is not the typical PVC. Mr. Hartman advised they do not use the inexpensive PVC. Mr. Cope inquired if this fence has been installed anywhere in Delray Beach. Mr. Hartman advised in that design Ms. Stone is the first one to pick it out with type of top. Mr. Cope inquired if the four foot fence has been installed somewhere. Mr. Hartman advised he did one in Lake Worth. Ms. Alvarez inquired if he had done any in West Palm Beach or Lake Worth. Mr. Hartman advised he did one in Lake Worth in the Historic District. Ms. Alvarez advised she will verify that. Mr. Cope advised he would be willing to pass this even the six foot section and I am leaning toward pushing the fence along the side with plantings in front of it. I want to confirm the use of this in Lake Worth. I would vote in favor of this and Ms. Alvarez can check with Lake Worth. Mr. Sloan advised his concern was deteriorating the aesthetics of the district by approving materials that would be setting a precedent. Mr. Stanley advised do the wood in the front and the PVC in the rear. Mr. Cope advised there is a product out that is manmade and does not have the shiny character to it. Hardiplank is a contender. Ms. Alvarez advised the property next door has six foot high PVC and it is set back. It was obvious that it was PVC. Mr. Hartman inquired if they would allow it if it was set back ten feet and plantings along the front. We have put a five foot wide gate in for maintenance. Mr. Cope inquired if the gate was out of PVC. Mr. Hartman advised yes. Mr. Hartman advised they also inquired about a car port out of canvas. Mr. Reeder advised even though you would not be able to see the fence at this angle you could still see the full area. Mr. Stanley advised 3 Minutes - Historic Preservation Board Meeting —July 21, 2010 he is not opposed to wood in the front and the solid tongue and groove PVC around the back and the edges. I don't like the setback. Public Comments: None The following Visual Compatibility Standards apply: (E)(g) Relationship of Materials, Texture, and Color-Yes Motion: Motion made by Ms. Cope, seconded by Ms. DelFiandra, and approved 6 to 0 (Ms. Sexton absent) to move approval of the Certificate of Appropriateness (2010-183) for the property located at 17 NE 7th Street, Del Ida Park Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Land Development Regulations with the following conditions: 1. That the front along the existing property line and be pushed back a minimum of two (2) feet. 2. That the four(4) foot sections of proposed fence be out of wood and not PVC. 3. That the design closely resembles the PVC design as presented to the Board. 4. That the gate be shifted to the side section. 5. That a diagram of the wood fence be submitted to staff for approval prior to installation. 6. That they be allowed to install the six (6) foot PVC fence as proposed. Board Discussion: Ms. Alvarez advised we will not have a meeting on August 4, 2010. The next meeting will be held on August 18, 2010. Mr. Stanley advised he would like to see a survey regarding what other municipalities do about windows and fences. There being no further business to come before the Board, the meeting adjourned at 7:00 p.m. The undersigned is the Acting Secretary of the Historic Preservation Board and the information provided herein is the Minutes of the meeting of said body for July 21, 2010 which were formally adopted and approved by the Board on Executive Assistant If the Minutes that you have received are not completed as indicated above,then this means that these are not the official Minutes.They will become so after review and approval,which may involve some changes. 4 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR I COULAST NTY MUNICIPAL ST MMUIDDLE NNICIPAL, AND OTHER AME NAME FLOCAL BOARD,COUNCIL,cPUBLICION, ROFFICERS ITY,OR COMMITTEE Dan Sloan Historic Preservation Board MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 106 SE 7th Avenue WHICH I SERVE IS A UNIT OF: CITY COUNTY 6a CITY 0 COUNTY 0 OTHER LOCAL AGENCY Delray Beach Palm Beach NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: August 3,2011 ❑ ELECTIVE 04 APPOINTIVE AGENDA ITEM: IV. B. I PROJECT NAME: 107 NW 4th Avenue, West Settlers Historic District WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B-EFF.1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I 1, 1y i�� �• S( , hereby disclose that on ) S 4 ,20 11 (a)A measure came or will come before my agency which(check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, ; inured to the special gain or loss of my relative, ; inured to the special gain or loss of , by whom I am retained;or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: .i,►v) L to IA Date Filed Signat r NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.1/2000 PAGE 2 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, , hereby disclose that on ,20 (a)A measure came or will come before my agency which(check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, • inured to the special gain or loss of my relative, inured to the special gain or loss of ,by whom I am retained;or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS AST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Dan Sloan Historic Preservation Board MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 106 SE 7th Avenue WHICH I SERVE IS A UNIT OF: CITY COUNTY lW CITY ❑COUNTY CIOTHER LOCAL AGENCY Delray Beach Palm Beach NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: August 3,2011 0 ELECTIVE p APPOINTIVE AGENDA ITEM: IV. B. I PROJECT NAME: 107 NW 4th Avenue, West Settlers Historic District WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a"relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B-EFF.1/2000 PAGE 1 HISTORIC PRESERVATION BOARD August 17, 2011 MEETING COMMENCED: 6:0 P.M MEETING ADJOURNED: P.M. IV.A. IV.B. NAME ATTEND MINUTES 124 N. Swinton 85 SE 6th Avenue July 7, 2010 July 21, 2010 COA WAIVER VOTE ROGER COPE ANNETTE SMITH DAN SLOAN ANNIE ADKINS ROOF PAM REEDER TOM STANLEY DELRAY BEACH F R O A All-America City 11111 I 1993 2001 SIGN IN SHEET 2 001 Regular Historic Preservation Board Meeting August 17, 2011 PRINT FULL NAME ADDRESS OR ITEM NO. ORGANIZATION r I ( Cv{cAe-A-- Cu,/( 10 S E. ( VA-1/4_ critic I Lyovi c g - m iJ6/k�/n iiJ /(j'AD HISTORIC PRESERVATION BOARD , . August 17, 2011 MEETING COMMENCED: 6:00 P.M MEETING ADJOURNED: P.M. IV.A. IV.B. NAME ATTEND MINUTES 124 N. Swinton 85 SE 6th Avenue July 7, 2010 July 21, 2010 C. COA WAIVER VOTE — y� , ROGER COPE ;� �� : . ' 1 o ANNETTE SMITH i 0 11° DAN SLOAN - / 0 b ANNIE ADKINS ROOF O fl PAM REEDER 11) TOM STANLEY ,) i7 0 l)//%% o? CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ORDER In Re: 85 SE 6th Avenue, The Blank House Yellow Building, LLC, Property Owner/Applicant Weiner& Lynne, PA, Authorized Agent ORDER Following consideration of all the evidence and testimony presented at the August 17, 2011 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 action before the Board is a Certificate of Appropriateness (File No. 2011-061) for a conversion of a garage into office space (completed) on the property, and a waiver request to the parking requirement, associated with the change of use at the property located at 85 SE 6th Avenue, The Blank House, Individually Designated, pursuant to LRD Section 4.51(E)(3)(b)2. The Historic Preservation Board finds that there is ample and competent substantial evidence to support its findings that the application for Consideration of a Class III Site Plan Modification and a Waiver Request to the parking requirement (File No. 2011-061) associated with the change of use at the property referenced above is hereby granted ✓denied by a vote of S - C . 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 17th day of August 2011. Y/-* Ch Historic Preservation Board copies to: Yellow Building, LLC Weiner& Lynne, PA HISTORIC PRESERVATION BOARD August 17, 2011 MEETING COMMENCED: 6:00 P.M MEETING ADJOURNED: 7:55 P.M. IV.A. IV.B. NAME ATTEND MINUTES 124 N. Swinton 85 SE 6th Avenue July 7, 2010 July 21, 2010 COA WAIVER REVISED FAILED FAILED FAILED VOTE 5T00 5TO0 5T00 5TO0 5T00 5TO0 ROGER COPE 2ND 2ND MM - NO 2ND - NO 2ND - NO ANNETTE SMITH 2ND NO NO NO DAN SLOAN NO NO MM- NO ANNIE ADKINS ROOF NO NO NO PAM REEDER ABSENT TOM STANLEY MM MM MM 2ND - NO MM - NO NO RHONDA SEXTON ABSENT CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ORDER In Re: 124 North Swinton Avenue, Old School Square Historic District Great American Beauty, Applicant Dave Sneiderman, Authorized Agent ORDER Following consideration of all the evidence and testimony presented at the August 17, 2011 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 action before the Board is approval of a Certificate of Appropriateness (2011-170) for installation of a free-standing sign on a contributing property located at 124 North Swinton Avenue. The Historic Preservation Board finds that there is ample and competent substantial evidence to support its findings that the application for Consideration Certificate of Appropriateness (2011-170) application for free-standing sign on a contributing property located at the above address is hereby 17 granted denied by a vote of S to . c oi11 A 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 17th day of August 2011. Ch it Hi toric Preservation Board copies to: Great American Beauty, Applicant Dave Sneiderman, Authorized Agent August 17,2011 FROM: Dan Sloan,Architect Sloan &Sloan,Inc.- Architecture+Interior Design 106 SE 7`h Avenue, Ste. B Delray Beach, FL 33483 (561)243-8755 TO: Mayor Woodie McDuffze City of Delray Beach 100 NW 1J`Avenue Delray Beach, Florida 33444 Re:Resignation as Chair of Historic Preservation Board Dear Mayor McDuffie, I am writing you to let you know I am resigning as Chair of the Historic Preservation Board effective tomorrow.I have very much enjoyed the opportunity to be of service to the citizens of Delray Beach in this capacity, but the onerous requirements of the new "Palm Beach County Ethics Ordinance"necessitate this action. As an Architect, I am no longer able to present a project to the Historic Preservation Board for review, even if recuse myself from voting on the project. This will have the unfortunate effect of causing most, if not all, active local Architects and other professionals from serving on our Advisory Boards. This will also have an even greater impact to the smaller municipalities in the County. On my board alone both Architects are resigning and I understand most if not all of the Architects on other City Advisory Boards are also resigning in the near future. I urge you to seek some modifications to this poorly though out ordinance from the County Commission.It is a shame that pervasive corruption at the County Commission level has caused this overreaching ordinance to be enacted. Again thank you for the opportunity to be of service to Delray Beach. Sincerel an Dan Sloan, Architect A.A1A, LEED A.P. Sloan&Sloan Architecture Interior Design AIA, ASID, USGBC& FGBC Members (561) 243-8755 dan@sloondesicn.biz CC:Delray Beach City Commission, &Delray Beach HPB Members File:HPB Resignation LTR 2011.doc HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Property Owner/Applicant: Yellow Building, LLC Property Address: 85 SE 6th Avenue, The Blank House, Individually Designated HPB Meeting Date: August 17, 2011 File No: 2011-061 ITEM BEFORE THE BOARD The item before the Board is consideration of a Class Ill Site Plan Modification to legally establish the conversion of a garage into office space (completed) on the property, and a waiver request to the parking requirement, associated with the change of use at the property located at 85 SE 6th Avenue, The Blank House, Individually Designated, pursuant to LDR Section 4.5.1(E)(3)(b)2. BACKGROUND & DESCRIPTION The subject property is located at the northeast corner of SE 6th Avenue and SE 1st Street, and is individually designated on the Local Register of Historic Places as "The Blank House". The site consists of the historic 1903 two-story structure (remodeled in 1918), 1950 garage (illegally converted to office use in 1995), a 1954 carport, and a 1947 two-story apartment building with two, one bedroom apartment units and one, two bedroom apartment unit. At its meeting of August 16, 1995, the HPB approved a COA for the conversion of the Blank House from single-family residence to retail use, a second story above the garage to contain residential units, conversion of the garage into office space, and the construction of a nine-space, pea-rock parking area off of SE 1st Street. The Staff Report noted that at that time, the applicable parking requirements applied to new floor area only. Therefore, the conversion from single-family to retail did not require parking. The conversion of the garage to office use, however, required the provision of six (6) spaces. While the single family residence was subsequently converted to retail use and the garage converted to office use, building permits were not obtained for the conversion of the garage nor was the parking area required for these conversions ever installed. As a result, the office use is considered an illegal use. In October of 1995, the historic structure was converted to restaurant use with the second floor serving as storage area. At the time of the conversion to restaurant from the approved retail use, no additional parking was needed as the requirement for both uses was the same. Between 1995 and 2004, four (4) Site Plan Applications were submitted to address the outstanding issues associated with the office use; however, the required improvements to provide the required parking spaces were never installed, nor were any payments made for approved in-lieu of parking, and the approvals expired. Therefore, the conversion has remained illegal. As previously stated, the more recent request to resolve the matter occurred in a 2004 request \ which was for the approval of an in-lieu of parking for six (6) spaces. The PMAB reviewed the request at their meeting of January 20, 2004 and recommended that a compromise be made to provide one (1) row of parking on the east side of the approved parking lot, and convert the remaining west portion of the lot adjacent to SE 6th Avenue to a tea garden. (Note: the tea garden 85 SE 6th Avenue, Blank House; 2011-061 HPB Meeting August 17, 2011; Page 2 of 6 was never installed, and this area has since been converted to a sidewalk café. The sidewalk café request has also not been approved.) The City Commission reviewed the request four times, ultimately asking that the applicant look at "alternative scenarios" to providing the required parking. A revised request was approved on August 3, 2004 which permitted the applicant to pay for two (2) parking spaces and install the balance of required spaces on site. No further action to this approval was followed up by the applicant. The current request is a waiver to all required parking associated with a Class Ill Site Plan Modification for the legal establishment of the office space within the 1,027 square foot garage. This request is now before the Board for consideration. SITE PLAN REVIEW AND ANALYSIS 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 2.4.5(G)(5), Modifications to Site Plans and Development Plans, the approving body must make a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class Ill modification. Section 4.4.13, CBD Zoning Regulations (B)(2), Principal Uses and Structures Permitted Business, Professional and Medical Uses including but not limited to Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business, medical and professional offices. (G)(1)(a), Supplemental District Regulations, Central Core and Beach Area The parking requirement for all non-residential uses, except restaurants, hotels and motels, shall be one space for each 300 square feet of floor area or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. (NOTE: Requirement in place at time of violation.) Section 4.6.9, Off Street Parking Regulations (C)(1)(a), Number of Parking Spaces Required, General Provisions, Fractions If the total number of parking spaces required results in a fraction, it shall be rounded up to the next highest figure. (NOTE: Requirement in place at time of violation.) STAFF COMMENT: The conversion of the garage to office use is permitted in the CBD. The amount of parking spaces required for the 1,027 square foot structure is four (1,027 square feet/300 = 3.42). The replacement of the two (2) spaces which previously existed in the garage increases the requirement to six (6). The spaces have not been provided and this request is submitted to waive them. The waiver is analyzed further in this report. (C)(1)(b), Number of Parking Spaces Required, General Provisions, Handicap Spaces Special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Such spaces shall not be in addition to, but shall substitute for, required parking. 85 SE 6th Avenue, Blank House; 2011-061 HPB Meeting August 17, 2011; Page 3 of 6 STAFF COMMENT: It is noted that no Handicap parking spaces currently exist on site nor have any new ones been proposed. While not required, a handicap accessible space should be appropriately and adequately accommodated. In reviewing the plans for ADA accessibility, the approved and certified plans from 2003 include an "existing office building plan" and illustrate a restroom facility within the building which is not ADA compliant. An ADA compliant drinking fountain is also required. While the aforenoted handicap accessible parking space is not required at this time, should the Board determine that the required parking spaces, or a portion thereof, be constructed on-site, a handicap space which complies with all accessibility on the site will be required. (C)(3)(c), Number of Parking Spaces Required, General Provisions, Bicycle Parking Any non-residential use within the City's TCEA which, through the development review process, is determined to generate a demand. Bicycle parking facilities shall be provided in a designated area and by a fixed or stationary bike rack for the following uses: STAFF COMMENT: It does not appear that the provision of a bicycle rack has been included on the multi-use property. Therefore, it is recommended that a decorative bicycle rack, appropriate to the historic property, be provided on the site. REQUIRED FINDINGS Pursuant to LDR Section 2.4.5(G)(1)(c), a Class Ill site plan modification is a modification to a site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requires partial review of Performance Standards found in Sections 3.1.1 and 3.2.3, and the required findings of Section 2.4.5(G)(5). Pursuant to LDR Section 2.4.5(G)(5) (Findings), with a Class Ill site plan modification formal findings under Section 3.1.1 are not required. However, a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class Ill modification. STAFF COMMENT: The proposed modification does not significantly impact the findings as they relate to consistency with the Land Use Map, Concurrency or the Comprehensive Plan. Compliance with the Land Development Regulations parking requirements is the primary goal with the proposal. The development proposal has a minor impact on Concurrency items as discussed below. Traffic: The subject property is located in the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC and OSSHAD zoning districts. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Properties within the TCEA are required to provide a traffic statement, as opposed to a traffic study. Therefore, the statement for the office use, which has not been submitted, should be provided particularly given the relief sought regarding the parking. Solid Waste Requirements: The office space is estimated to generate approximately 2.8 tons of solid waste per year (5.4 X 1,027 S.F./2000). The Solid Waste Authority indicates that the established level of service standards for solid waste will be met for all developments until 2021. 85 SE 6th Avenue, Blank House; 2011-061 HPB Meeting August 17, 2011; Page 4 of 6 WAIVER ANALYSIS Pursuant to LDR Section 4.5.1(E)(3)(b)2., waivers may be granted by the Historic Preservation Board for relief from the number of parking spaces required in Section 4.6.9 upon presentation of confirmation that adequate parking for a proposed use may be achieved by alternate means which are found to be in keeping with the provisions and intent of the Delray Beach Historic Preservation Design Guidelines. WAIVER ANALYSIS & STAFF COMMENT: As provided for in the referenced Section above, the applicant has requested a waiver to the provision of the six (6) required parking spaces. The following is an excerpt from the attached waiver justification statement provided with the request: "Adequate parking...can be...achieved by alternate means which are consistent with the provisions and intent of the Delray Beach Historic Preservation Design Guidelines....Thus, the owner is seeking to maintain the historic integrity of the site by allowing the property to exist with 3 spaces on the Property. ...the disruption of existing open spaces to provide otherwise underutilized parking would undermine the intent of Ordinance 38-07 and Future Land Use Policy A-4.2, which mandates that redevelopment shall provide for the preservation of existing resources." As stated above, the Board has the ability to waive the required parking "upon presentation of confirmation that adequate parking for a proposed use may be achieved by alternate means which are found to be in keeping with the provisions and intent of the Delray Beach Historic Preservation Design Guidelines." Confirmation that adequate parking has been achieved for the office use has not been presented. Further, past site plan submittals have been approved which adequately provided the required amount of parking and were found to be appropriate and compatible to the historic property without compromising the historic integrity. Waiving the required parking spaces will have the potential to adversely affect the neighboring area in that it will officially permit all users associated with the office to utilize parking spaces provided off-site intended for general use by all members within the community, thereby impacting the neighborhood and diminishing the availability provided for others. For example, the employees of the office will likely be parking the entire span of the work-day in a space, eliminating the potential for frequent turnover associated with short term trips to downtown destinations for purposes of shopping, eating, visiting offices, etc. In addition to the above, it should be considered that while relief may be granted to the amount of required parking spaces, the intent of this "benefit" afforded to historic properties is not to excuse the provision of all parking. Otherwise, one could conclude that all parking on historic properties converted to office use is not necessary. However, this is not accurate as there are specific provisions required which would screen or locate parking to minimize any impact on the historic character and integrity of the site. While not applicable, it is important to understand the intensity of the uses on the site, and what their parking requirement would be if the site were required to comply with today's parking requirement. Due to the mixed-uses on the site (restaurant, multi-family, office) the shared parking 85 SE 6th Avenue, Blank House; 2011-061 HPB Meeting August 17, 2011; Page 5 of 6 WAIVER ANALYSIS & STAFF COMMENT CONTINUED: calculation would be available. The required parking for each individual use would be: office-6, restaurant-13, multi-family residence-7. The mixed-use parking calculation would require that twenty (20) spaces be provided, which is the amount required at the peak use time of 6pm to midnight both on weekdays and weekends. The least amount required would be nine (9) spaces from midnight to 6am during the week. As previously indicated, three (3) spaces exist on site and six (6) spaces are required for the office conversion, which could, ultimately, also service the restaurant patrons and residents of the apartment, as well. The 2004 request to provide all required parking via in-lieu of parking approval was deemed inappropriate as a revised approval permitted the applicant to pay for two (2) parking spaces and install the balance (4) of required spaces on site. The current request, which is similar to the 2004 request, is not appropriate and the required parking should be provided in the most appropriate manner possible (i.e. providing all spaces on-site or providing a combination of spaces on-site and in-lieu of parking). Therefore, the subject request is not supported by Staff. However, should the Board find that the most appropriate manner in which to maintain the historic integrity of the site is to not physically provide any parking spaces, then Staff strongly encourages that the Board recommend the payment of all required spaces (6) be provided via the in-lieu of parking process. This alternative would be the fair approach given that other historic properties converted to commercial use have been obligated to account for their required parking through the available and appropriate options, including the in-lieu program. Based on the above, positive findings cannot be made to the Class Ill Site Plan Modification or the waiver request. Direction has been provided in the Staff Recommendation which requests that the parking be accommodated either on-site, or by alternate means, or a combination thereof, a bicycle rack be provided, and a traffic statement be provided. The subject application was also reviewed by the appropriate advisory boards as noted below. Staff would like to further emphasis the inappropriateness of the subject waiver request illustrated by the lack of support by the Community Redevelopment Agency, Downtown Development Authority, and Parking Management Advisory Board. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) considered the subject request at its March 10, 2011 meeting, where a recommendation to deny the waiver was provided. The Board also requested that the item return for further review when "a solution is worked out." The Downtown Development Authority (DDA) considered the subject request at its March 14, 2011 meeting, where the Board unanimously recommended to "decline" the request to waive all six (6) of the required spaces. Direction was given to the applicant to work out an alternative approach with Staff, and return to the DDA for further review. The Parking Management Advisory Board (PMAB) considered the subject request at its June 28, 2011 meeting, where a recommendation to deny the request as presented. The Board suggested that the applicant work with Staff and accommodate three (3) spaces on site and provide the balance either through an off-site parking agreement, or via the in-lieu of parking fee. ALTERNATIVE ACTIONS A. Continue with direction. 85 SE 6th Avenue, Blank House; 2011-061 . HPB Meeting August 17, 2011; Page 6 of 6 B. Move approval oflocated the at 85 CertificatSE6th e ofAvenue Appropriateness TheBlank House,and Class III Site Plan Modification for the property , Individually Designated, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations. C. Move denial of the Certificate of Appropriateness and Class Ill Site Plan Modification for the property located at 85 SE 6th Avenue, The Blank House, Individually Designated, based upon a finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in the Land Development Regulations. RECOMMENDATION By Separate Motions: Certificate of Appropriateness and Class III Site Plan Modification Continue the Certificate of Appropriateness and Class Ill Site Plan Modification for the property located at 85 SE 6th Avenue, The Blank House, Individually Designated, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in the Land Development Regulations, with the following direction: 1. That the application and request be revised to accommodate the parking on site, off-site, in- lieu of parking fees, or a combination of these options; 2. That a traffic statement be provided; 3. That a current floor plan be submitted; 4. That compliance with handicap accessibility be indicated; 5. That a decorative bicycle rack be provided on-site. Waiver Move 51.gliat of the waiver request to LDR Section 4.6.9, to be relieved from the parking requirement associated with the illegally established office use, whereas six (6) parking spaces are required, based on a failure to make positive findings to LDR Section a1. stI � 36 ) .,,..„...-,,,„;.,:,-..N*;, . -:.;. - ;_----_ , ',- ''--'_ ;, -: ;1114' A _ J \�.C� l 1 , r- "y t c„.r../,. !/ 'fit �. s jj l r/ xc,kr Siu$ rya ! 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BACKGROUND A. Introduction. The following is a Justification Statement for a waiver for relief from the number of parking spaces required in LDR Section 4.6.9, as authorized by LDR Section 4.5.1(E)(3)(b)2, for a previously existing garage apartment-to-office conversion (the "Office Use") on the property known as the "Blank House", located at 85 SE 6th Avenue (the "Property"). The Office Use has openly and continuously existed on the Property for over fifteen (15) years and prior to the purchase of the Property by the current owner (the "Owner"). B. Historic Designation of the Property. The subject Property is comprised of Lots 12, 13 and 14, Block 117, Town of Linton, and consists of 0.39 acres. The Property is zoned CBD (Central Business District) and is designated as an individually listed historic property. The Property contains a two- story commercial building (formerly a single family residence), an office building, (previously an apartment garage), a carport, and a two-story apartment building with two, one bedroom apartment units and one, two bedroom apartment unit. The single family house, now a restaurant, was built in 1903, remodeled in 1918 and was itself designated a historic building on June 6, 1994. In 1947, the two story apartment building (2,224 sq. ft.) containing three apartments was constructed at the southeastern portion of the site. In 1950, an apartment garage was constructed on the northeast portion of the site. A carport, between the apartment building and garage, was built in 1954. This was approved through Ordinance 26-95. On June 6, 1995, the City Commission designed the entire site historic pursuant to Ordinance 26-95 in order to "ensure that inappropriate development does not adversely affect the historic house." The designation stated that the "Adaptive reuse of the historic house can best be accomplished by utilizing the site as a whole." As a result, the entire site is considered "legal non-conforming". See Letter from City Assistant Planner, Robert G. Tefft, dated June 20, 2000, attached hereto ("Also, the site is deficient in regards to current parking requirements. These conditions are considered to be lawfully nonconforming and may continue to exist indefinitely."). C. The Office Use. In 1995, the Historic Preservation Board approved a Certificate of Appropriateness and associated site plan for the conversion of the 2,137 sq. ft. single family residence to a retail establishment, conversion of the existing 1,027 sq. ft. apartment garage, Parking Waiver Justification Statement 85 SE 6t Avenue Page 2 of 5 construction of a nine (9) space pea rock parking area at the southwest corner of the site, and installation of associated landscaping, walkways, and refuse area. Construction of the nine (9) space pea rock parking area at the southwest corner of the site did not occur. The current Owner purchased the Property in 2000. In 2004, the Owner sought to develop a "tea garden" at the southwest corner of the Property to maintain the open space and applied for a Class III Site Plan Modification, which was approved on the condition that seven (7) parking spaces be provided on-site and two (2) in-lieu parking spaces be purchased from the City. The "tea garden" was not developed and the southwest corner of the Property remains an open space. In 2010, the City's Code Enforcement Division brought an action against the Owner for failing to complete the Class III Site Plan modifications in order to provide required parking for the Office Use. Representatives of the Owner subsequently met with the City's Historic Planner to discuss limiting disruption to the historic nature of the entire Property so as to allow the Office Use to continue. D. Required Parking(Pre-2008). Pursuant to LDR Section 4.4.13 (G)(1)(a), all properties that are within that portion of the Central Business District zoning, bounded by Swinton Avenue on the west, NE 1st Street on the north, the Intracoastal Waterway on the east, and SE 1st Street on the south, are required to provide off-street parking for all non-residential uses, except restaurants, at a rate of one (1) space for each 300 sq. ft., or fraction thereof. The parking required for the creation of new floor area is also to include the replacement of any previously required parking which may be eliminated. Based upon the pre-2008 parking requirements, the two offices require four (4) additional parking spaces. The site currently contains three (3) parking spaces under a carport. Thus, a total of seven (7) parking spaces would appear to be required on the Property. Since the two spaces in the garage were converted to apartments prior to the designation of the site as "historic", and to the extent the City has identified the entire site as "legal non- conforming", these two spaces do not need to be replaced by the Owner. E. The 2008 Amendments to the City's Historic Preservation Ordinance. On February 5, 2008, the City adopted Ordinance 38-07, which implemented comprehensive changes to the City's land development regulations specifically addressing parking requirements on historic sites, which amendments were incorporated into Article 4.5, City of Delray Beach Land Development Regulations. Recognizing the disparate impact that parking requirements were having on the reuse and rehabilitation of historic sites such as the Blank House, the City Commission incorporated specific provisions, now found within LDR Section 4.5.1(E)(3)(b), which require the City to avoid excessive use of historic properties and/or properties located in O:\HANB006\4.Applications\Parking Waiver Justification Statement-LDR Sec.4.5.1(E).doc Parking Waiver Justification Statement 85 SE 6th Avenue Page 3 of 5 historic districts for off-street parking.' LDR Section 4.5.1(E)(3) provides in relevant part: (b) Parking: 1. Where feasible, alternative methods of meeting minimum parking standards contained in Sections 4.6.9(C)(8) and/or 4.6.9(E), as applicable, shall be explored to avoid excessive use of historic properties and/or properties located in historic districts for parking. Parking lots shall strive to contribute to the historic nature of the properties/districts in which they are located by use of creative design and landscape elements to buffer parking areas from historic structures. At a minimum, the following options shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the public right-of- way with fencing, landscaping, or a combination of the two pursuant to Section 4.6.5. c. Utilize existing alleys to provide vehicular access to sites. d. Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically. e. Use appropriate materials for driveways, such as concrete poured in ribbons. f. Avoid wide driveways and circular drives. 2. Waivers may be granted by the Historic Preservation Board for relief from the number of parking spaces required in Section 4.6.9 upon presentation of confirmation that adequate parking for a proposed use may be achieved by alternate means which are found to be in 1 LDR Section 4.5.1(E)(5) provides: "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." See also LDR Section 4.5.1(E)("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."). Thus, it appears the City is required to support a waiver of the parking requirements of the LDR where feasible. O:\HANB006\4.Applications\Parking Waiver Justification Statement-LDR Sec.4.5.1(E).doc Parking Waiver Justification Statement 85 SE 6th Avenue Page 4 of 5 keeping with the provisions and intent of the Delray Beach Historic Preservation Design Guidelines. As a result, the Owner is now submitting a revised Class III Site Plan similar to that which was previously approved by the City's Historic Preservation Board, so as to meet the City's requirements to "legitimize" the prior owner's conversion of the apartment garage into two offices and to provide a sufficient amount of off-street paved parking on the Property as contemplated by the City's Historic Preservation Design Guidelines and LDR Section 4.5.1. II. REQUEST AND JUSTIFICATION FOR WAIVER OF REQUIRED PARKING. Pursuant to LDR Section 4.5.1(E)(3)(b)2, the Owner respectfully requests a waiver for relief from the number of parking spaces required in the City's LDR's based upon the justification made herein. Adequate parking for the Office Use can be (and, for the past 15+ years, has been) achieved by alternate means which are consistent with the provisions and intent of the Delray Beach Historic Preservation Design Guidelines. Previous site plan applications have suggested that up to nine (9) spaces were required on the site, but subsequent meetings with the City's Historic Planning staff have revealed no more than six (6) to seven (7) may actually be necessary, particularly due to the legal non-conforming status of the site. Thus, the Owner is seeking to maintain the historic integrity of the site by allowing the property to continue to exist with 3 parking spaces on the Property. Consistent with historical site preservation requirements of LDR Section 4.5.1(E)(3)(b)1, the existing and proposed on-site parking lot: a. Is located adjacent to and in the rear of the building; b. Is screened from view from the public right-of-way with landscaping; c. Utilizes existing alleys to provide vehicular access to site; d. Does not require new curb cuts and street side driveways; e. Proposes to use appropriate materials for driveways, such as concrete poured in ribbons; and f. Avoids wide driveways and circular drives. As a result, the proposed parking arrangement on the site plan is consistent with the City's Historic Preservation Ordinance, which ordinance implements the Delray Beach Historic Preservation Guidelines. Moreover, to the extent the entire site has been designated as "historic", the disruption of existing open space to provide otherwise O:\HANB006\4.Applications\Parking Waiver Justification Statement-LDR Sec.4.5.1(E).doc Parking Waiver Justification Statement 85 SE 6th Avenue Page 5 of 5 • underutilized parking would undermine the intent of Ordinance No. 38-07 and Future Land Use Policy A-4.2, which mandates that redevelopment shall provide for the preservation of existing resources. Based upon a review of the City's records, the apartment garage use on the Property, which was constructed 1950, has existed as an office since 1995, if not earlier. The City has repeatedly issued Business Tax Receipts for Office Use on the Property. There has never been any complaint to the City relating to the Office Use or excessive off-street parking usage stemming therefrom. Moreover, the City specifically encourages employees of businesses surrounding the Property to utilize the 76-space public parking lot to the north. III. CONCLUSION. Given the historical significance of the entire site, in conjunction with the lack of any actual adverse parking impacts caused by the Office Use as well as the City's written acknowledgement that the site exists as a legal non-conformity, it is appropriate and within the public's interest to grant the parking waiver and approve the site plan as submitted without further conditions. O:\HANB006\4.Applications\Parking Waiver Justification Statement-LDR Sec.4.5.1(E).doc - - RICHARD ZONES• rr 11 A'I I.fi L EAII Ave' fi .EAllanl IA1 L, {_ J--1 :W A11aMlc r'Delray Beach 1 1 I.' 1 '' e3 Jl s._,.. I''I�i(i I )!�' a u'3. 111 i i'. : HH• z, I •1; 1 :« ARCHITECTURE 1 Nr+aa=e Is It-t !t t1� LLt L a -... p 7�.' I '- I I AMr'i IOS.E FIRST AS0ITE I SUITE L^- 5_5l I LJ `-" 9 �' DEIFUY BOWIE FLORIDA 3HN I i 130.00' I !'It' 1t: ' �,1JLl' ILL, I ,--.j V561_'la PISS F561.27.19196 I _� AA26001617 1E26001056 0 __—F_u�.l—__ __ __—__ __—__—__--_— O 1 1Z —i--1—.' Ir—.. i..� VICINITY v AP •:7. A =SITE LOCATION N O7S V.R1A cu rECTBRLCOM EXISTING WOOD FENCE \ I I SCALE: N.T.S4.1 n U t I I H 0 o EXISTING BUILDING 1 EXISTING BUILDING 3 EXISTING I CREIE o�'o SITE DATA ,i EAST EASING PATIO I+Mi U 0 H CONCRETE E EXISTING 1 &2 STORY 1 PORCH EXISTING 1 STORY I " «.7 U N BUILDING OFFICE I ZONING DESIGNATION CDB u]Ca V.. Il 7\ FLOOR+14.42 Df151L'iG FLOOR+12.44 V"7 W N000 WOW CECIC EXISTING ,7 N'•' 'Z Cl 0 CEO( �aw a EXISTING BUILDING I(GROUND FLOOR AREA): 950 SD.FT. 5.6% Ga F I HOUSE I= EXISTING BUILDING 2(GROUND FLOOR AREA): 1,266 SO.FT. 7.5% F-I -2 p z / I n EXISTING BUILDING 3: 1,028 SO.FT 6.1% - a L3 1 OPEN/LANDSCAPE SPACE: 11,148 SOFT. 66.5% U p X PARKING/PAVED AREA 2,402 SOFT. I4.3% CI 3 U RATERBODIESrJ/A p OR. (i) ._ EAsrwc wa00 Faaa • :_ TOTAL SITE 16,794 SO.FT. 100% 10>. W O 1 PARKING DATA: MI EXIST/11G i CONCRETE 2I Ca • I - ,. FORGING PARKING _ ` O PARKING REQUIRED(1 PER 300 GROSS FLOOR AREA)= 1028SOFT/300= 4 SPACES Z PI — = 2 I r (PARKING CALCULATIONS ARE BASED ON EXISTING BUILDING 3 SQUARE FOOTAGE-OFFICE Q . SPACE) _ a_ ❑P- I I Cn I — o 1-- — /^ L I — I 0 _ FLORIDA LICENSURE -J/n IIIIIII I M >- W Iv/ I'' rTl __I �.I.� n J V/ D Q I 0 EASTAG tact OF WAY W I .- AA26001617 11B26001056 --0— � I FLOOR EXISTING BUILDING 2 12.14 EXISTING 1 &2 STORY �I• I 5 COMMISSIONS 00-071 EASING cRIOVTE I PAID APARTMENTS(#611, 613,616) DESIGNER: R1 DRAYVN BY: IS ' /• I - PLAN REVIEW: RI FLOOR— I0 +11.73 'I SUBMITTALS: • Clue D Mod 03-02-10 1-17- CIass II Mod.Revisal UI-17-11 1�J1 2' CONC. CURB FLOOR U I L GUTTER +12.88 EXISTING DRAINAGE INLET A GIXy�IE Is PA110 I (21 LOOR ` +11.83 PROPERTY lug 11 5.2 2' / REVISIONS: • 1 .419 L - - SOUTH EAST 1ST ST. -- -- ---- --- -- --—--—-- SITE PLAN 0 N SITE PLAN H • SCALE: 1"=110. -1ii . 1 • YELLOW PAINT MARKING POSSIBLE GAS LINE J LOT 17 So 5 ^ u • 3DA'' _ BLOCK 3T117 JO. LEGEND: N c o w PAVED - PAVED zo e ^ "=CENTERLINE '' ; 1 30�00r \Y RLUE PrVNT MARKING WM=WATER METER F WATER UNE FYI-FORE HYDRANT .0'B - FlRE SPRINKLER - -,2.s8. 9/OB CONNECTIO WOOD -� CONC.=CONCRETE 4- w �O. n CHIMNEY ^ o C FENCE -.Ti CFO I.R.-5/6'IRON ROD WITH CAP ILO 353 O 15„. J w w a --1 � .61 boa / u C.A.=CENTRAL ANGLE i w w I -OVERHEAD UTILITY LINES S7 - FLAGSTONE - v._ 0� 1 h 2 STORY ! x PORCH Nu FLOOD ZONE: X 1�It BUILDING ; 41 o O 1.oT jB5 3 LOT 12 u `i Con C.n SET BACK REQUIREMENTS: m',-0 A BLOCK 17 10'SIDE u Z i 7 n 3d ' FLOOR.1442"0 WOOD DECK ^�°n 10'FRONT ��PPLAMP 10'REAR w zI 'r_, rHOUSE 0'INTERIOR SIDE S ,7.0. E''�� 6'HEIGHT 5.. �T c SIN PORCH m10.da�C' PARCEL I r 29.6' •11.1' 010 PAINT MARKING AREA=16.799 SQUARE FEET OR D.3656 ACRE n WATER LINE a.I CONC. 1.3 SSMH=SANITARY SEWER MANHOLE • ^yyy� A\C -11 94 4.ELEVATION BASED ON NATION,c ^W 0 na-1 c4.0'CONC.WALK I `STEP 0 eOO�TIc VERTICAL DATUM 29 SOURCE: H>Z 9'^O //////S UNE OF N.1/2 ;Q ^w�•• .17 2(DF LOT 13 �`� ° M. S ,J OF LOT 03 5.1/2 I OS •3 I- a 31 LOT 13 CO= < I BLOCK 117 - I STAIRS s ,,•t8 cc • .2 56'cc `AID I PARC EL II M „521� i]i ,3 -4-RIGHT OF WAY AS ' )4.0' 0 tip • SHOWN IN ROAD �FLoor PLAT BOOK 2, 1 A 2 STORY t0i0 PAGE 214 P A T I O--t�«-1' APARTMENTS w.2 ,� LOT 14 jan,a,3,sls 1 , BLOCK 117 III �.� w R00.11: DESCRIPION: 30.0. Y 32.1' 3 PARC EL I: ARG _ 23-341 ( I LOT 12 ARO THE NORTH HALF N.1/2 OF LOT 13,BLOCK 117,TOWN t -C.0.=69I08'30 ,4LOOR/L�����B OF LINTON,A/K/A OELRAY,PAC LOT 0OIN�TO THE MAP OR PLAT RADIuS t5.00 2 a 'SII Bg + R THEREOF AS RECORDED IN PLAT BOOK 1,PAGE 3 OF THE PUD UC DRAINAGE INLET •' POLE �0 4f Op n WATER VALVE WITH RECORDS OF PALM BEACH COUNTY,FLORIDA. y LOOR 3 BLUE PAINT MARKING \- _x A - 1 63 O. ` WATER UNE PARCEL II: SOUTH HALF(5.1/2)OF LOT 13 AND LOT 14,BLOCK 117,TOWN OF •I t FOUND I.R. FOUR. - - LI AS A/K/A DELRAY.ACCORDING TO THE MAP OR PLAT THEREOF USES FOR 11 1 5.ZZ R. } w AS RECORDED IN PLAT BOOK 1,PAGE 3 OF THE PUBLIC RECORDS OF TRAFFIC fH PALM BEACH COUNTY,FLORIDA SIGNALS STORM r -,,.83 91 yC I6 MANHOLE BENCH MARnK.T:•O cw ELEvnIroNW-,De9 0SHER �3 D0 -, S.E. 1ST ST. -,112 .1 YELLOW PAINT O� _tIS MARKING POSSIBLE 34.PAVING GAS UNE MANHOLE- S'&N6'PIPE RUN .&S. • MAP OF BOUNDARY SURVEY TITLE NOTES: CERRLTED TO: PARCEL SUBJECT TO CT'OF DELRAY BEACH RESOLUTION RECORDED IN OFHC IAL RECORD BOOK 475.PAGE 1 11. KUBICKI DRAPER. I HEREBY CERTIFY THAT TMS SURVEY DOS LADE UNDER PT RESPSRIE CHARGE CHICAGO TITLE INSURANCE COMPANY AND MEETS NE MINIMUN TECHNCAL STANDARDS AS SET FORTH BY 114E.FLORIDAROAD moat RECORD BOOK 891],PACE 1663. WqC HO`M BANK.A NATIONAL ASSOCIAPOY,PS SUCCESSORS OR ASSIGNS ADVAISTRATME CODE.PURSUANT TO SECTION 472027,FLORIDA STATUTES THOMAS E. ADAMS SURVEYOR & MAPPER #3489 THIS SURVEY SHOWS ALL EASEMENTSw AND RIGHTS OF WAY M n Ar 4•749 AS SHOWN ON CHICAGO TITLE INSURANCE COMPANY 1t[a[D vtw[raR n OFFICE FILE NUMBER 410-0500 DATED OCTOBER 7.2002. O'BRIEN, SUITER & O'BRIEN, INC. LAND SURVEYORS CERTIFICATE OF OF AUTHORIZATION/18353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE PAUL D.ENGLE 2601 NORTH FEDERAL HIGHWAY,DELRAY BEACH,FLORIDA 33463 (561)276-4501 732-3279 FAX 276-2390 • REVISED: 3/27/03-ADDEO ELEVATIONS M�W Strt+£Y REVISED: 6/JO/00-ADDED YNG 1" - 20' REVISED: 11/18/02-ADDED NEW TITLE ON MAY 20, 2000 ALTA CERTFlCATION ©COPI6GHT 2003 O'BRTEN,SURER d O'BRIEN.INC. REEVISED:NFORBATI 2-CHANCED CERT.TC im0 25 a NO REVISED: 2/20/01 -CHANCE fPDER MI_ 0.22$ uE$g CERT.TO h TITLE INFORMAPON� 94-241db City of Delray Beach Historic Preservation Board August 17 , 2011 Redner v. City of Tampa, 827 So. 2d 1056 -Fla: Dist. Court of Appeals, 2nd Dist. 2002 - ... Page 1 of 3 Web Images Videos Maps News Shopping Gmail more♦ My Citations I Scholar Preferences I Skin in GO,; 1e scholar zoning,waiver,burden of proof Search Advanced Scholar Search Read this case I How cited Redner v. City of Tampa, 827 So.2d 1056 -Fla: Dist. Court of Appeals,2nd Dist. 2002 Highlighting zoning,waiver,burden of proof Remove highlighting 827 So.2d 1056(2002) Joe REDNER as owner of 411 South Florida Avenue, Petitioner, v. The CITY OF TAMPA, Florida,a municipal corporation, Respondent. No.2D02-740. District Court of Appeal of Florida,Second District. October 11,2002. • 1057 *1057 Jennifer M.D'Angelo,Tampa,for Petitioner. James D.Palermo,City Attorney,and Jerry M.Gewirtz,Assistant City Attorney,Tampa,for Respondent. STRINGER,Judge. Petitioner,Joe Redner,as owner of 411 South Florida Avenue,seeks certiorari review of the circuit court appellate panel's order denying his petition for writ of certiorari.Because the circuit court did not apply the correct law,we grant Redner's petition for writ of certiorari. Redner filed an application with the City of Tampa seeking to operate a wet-zoned facility on the property located at 411 South Florida Avenue,Tampa,Florida("the premises").The premises are located in a zone which allows for the sale and dispensation of alcoholic beverages,provided that the property sought to be wet zoned is not within 1000 feet of certain other establishments,including establishments selling alcoholic beverages and government buildings.The City Council may"waive"the distance requirement if the granting of the wet zoning will not be adverse to the public health,safety,and general welfare,and is appropriate and compatible to existing uses.According to the staff report on wet zoning,the premises are located within 1000 feet of other establishments selling alcoholic beverages and are also located within 1000 feet of government buildings. The City Council considered Redner's wet-zoning application at a public hearing held on September 21,2000.At the hearing,the Tampa Police Department objected to the application based on information it received pursuant to an investigation.Some of the owners of property adjoining the premises opposed the application as well.However,owners of properties under conditions similar to Redner's had been granted a"waive?'from the distance limitations for wet zoning. The City Council denied Redner's application without stated findings or reasoning.Redner subsequently filed a petition for writ of certiorari in the circuit court,challenging the City Council's decision.Redner argued that the City Council departed from the essential requirements of the law in placing the burden solely on Redner to demonstrate the absence of adverse consequences in support of his application.A three judge circuit court panel denied the writ 2 to 1 on February 5,2001,stating:"Having determined that Petitioner sought a waiver,rather than a special exception,there was no burden on the City[Council]to make findings to support its decision."Judge Isom dissented,concluding that the relief sought was a special exception,and it was the City Council's burden to show that the granting of a special exception was adverse to the public interest.Redner then filed a petition for writ of certiorari in this court seeking review of the circuit court panel's ruling. 1058 *1058 The applicable standards of review are set out in City of Deerfield Beach v. Valliant. 419 So.2d 624,626(Fla.1982): We hold that where full review of administrative action is given in the circuit court as a matter of right,one appealing the circuit court's judgment is not entitled to a second full review in the district court.Where a party is entitled as a matter of right to seek review in the circuit court from administrative action,the circuit court must determine[1]whether procedural due process is accorded,[2] whether the essential requirements of the law have been observed,and[3] whether the administrative findings and judgment are supported by competent substantial evidence.The district court,upon review of the circuit court's judgment,then determines whether the circuit court[1]afforded procedural due process and[2]applied the correct law. http://scholar.google.com/scholar case?case=6663673979472062054&q=zoning,+waiver,... 8/17/2011 Redner v. City of Tampa, 827 So. 2d 1056 -Fla: Dist. Court of Appeals, 2nd Dist. 2002 - ... Page 2 of 3 Redner does not argue that the circuit court did not afford procedural due process;thus,our review is limited to whether the circuit court applied the correct law. The circuit court found that the City Council did not depart from the essential requirements of the law in placing the burden solely on Redner to demonstrate the absence of adverse consequences relative to the granting of his application for wet zoning.The circuit court based its finding on its interpretation of the relief Redner sought as a waiver,rather than a special exception.The circuit court concluded that,because Redner sought a waiver,there was no burden on the City Council to make findings to support its decision. The circuit court based its determination that Redner was seeking a waiver on the City Council's erroneous interpretation of the ordinance.Section 3-70(a),City of Tampa Code, sets forth the guidelines for the granting of wet zoning.Under that section,wet zoning will not be granted to property within 1000 feet of a governmental building or an establishment selling alcoholic beverages(unless the sale of alcoholic beverages is"entirely incidental to the principal function of the establishment").§3-70(a)(2),(3),City of Tampa Code. Subsection(8)provides that the City Council may"waive"the distance restrictions in subsections(2)and(3)for property located in downtown Tampa"when the sale of alcoholic beverages upon the property will not be incidental to the primary function of the business establishment operated or to be operated upon the property described in the petition"if the petitioner demonstrates and the City Council determines that the granting of the petition(1) "will not be contrary to the public health,safety and general welfare of the residents and establishments of the neighborhood and surrounding property";(2)"is appropriate and compatible to the existing uses of the contiguous and surrounding property";and(3)"will not establish a precedent of or encourage more incompatible uses in the surrounding area."§3- 70(a)(8),City of Tampa Code. The section also provides that the City Council can consider the following in addition to the above-stated criteria:(a)off-street parking and loading;(b)ingress and egress;(c)refuse and service areas;(d)lighting;and(e)control of potentially adverse effects on residences, establishments,or other properties in the area.Id. Redner's application for wet zoning acknowledged noncompliance with sections 3-70(a)(2) and(3),but requested that the City Council"waive"the distance restrictions as provided in section 3-70(a)(8).The City Council denied Redner's application without making any findings 1059 regarding the factors in section 3-70(a)(8).On certiorari review in the circuit court,Redner *1059 alleged that the City Council departed from the essential requirements of the law in placing the burden solely on him to demonstrate compliance with the factors. The allocation of burdens of proof before the City Council depends upon whether the relief sought by the petitioner is a"variance"or a"special exception."Irvine v.Duval County Planning Comm'n,495 So.2d 167(FIa.1986).The circuit court in this case erroneously determined that the relief sought under section 3-70 constituted a variance,or"waiver." Although section 3-70(a)(8)uses the term"waive,"it is clear that the section really provides fora"special exception." A"variance"is defined as"the relief granted from the literal enforcement of a zoning ordinance permitting the use of property in a manner otherwise forbidden upon a finding that enforcement of the ordinance as written would inflict practical difficulty or unnecessary hardships on a property owner."Bd.of Adjustment of Ft.Lauderdale v.Kremer,139 So.2d 448,451 (Fla.2d DCA 19621.An"exception"is defined as"a departure from the general provisions of a zoning ordinance granted by legislative process under express provision of the enactment itself."Id.The distinction between a variance and a special exception has been described as follows: If certain facts'or circumstances specified in the ordinance are found to exist, then either on a direct application,or on an appeal from an administrative order enforcing the zoning ordinance,a Board of Adjustment may grant an exception. A variance is entirely different from an exception although the terms are sometimes,in error used synonymously.In the absence of a specific provision of law requiring it,one need not show unusual hardships to secure an exception.An ordinance granting the power to make exceptions must contain proper standards or rule of guidance,and under such circumstances,the Board is not rezoning or usurping legislative power. Id.;see also Rural New Town,Inc.v.Palm Beach County,315 So.2d 478,480(Fla.4th DCA 1975). The relief requested by Redner in this case is expressly provided for in subsection(8)of the ordinance upon a finding by the zoning authority that granting the petition will not be contrary to the public health,safety,and general welfare;that it is compatible with the existing uses of surrounding property;and that it will not encourage more incompatible uses in the surrounding area.The property is zoned as CBD-2,which is the Central Business District with high-rise structures.One of the permissible uses of CBD-2 as set forth in the ordinance is that of a"club."§27-438,City of Tampa Code.The use of the property as a nightclub is not otherwise prohibited,and there is no requirement that the petitioner show unusual hardships for wet zoning.In fact,variance requests are not addressed by the City Council but by another administrative board,the Variance Request Board.§17.5-74,City of Tampa Code. Under Kremer,a wet-zoning classification is therefore a special exception and not a variance. http://scholar.google.com/scholar case?case=6663673979472062054&q=zoning,+waiver,... 8/17/2011 Redner v. City of Tampa, 827 So. 2d 1056 -Fla: Dist. Court of Appeals, 2nd Dist. 2002 - ... Page 3 of 3 The allocation of burdens in a special exception proceeding was set forth by Judge Zehmer's dissent in Irvine v.Duval County Planning Commission,466 So.2d 357,362(Fla.1st DCA 1985)(Zehmer,J.,dissenting),approved,495 So.2d 167(Fla.1986),adopted after remand, 504 So.2d 1265(Fla.1st DCA 1986).The petitioner has the initial burden of showing that the application meets the statutory criteria for granting the exception.Id.at 364.Once the petitioner has met this burden,the burden shifts to the opposing party to demonstrate by competent,substantial evidence that the special exception does not meet those standards 1060 and is adverse to the-1060 public interest.Id.;see also Fla.Power&Light Co.v.City of Dania,761 So.2d 1089,1091-92(FIa.2000).The burden is on the City to ensure that an adequate record of the evidence presented at the hearing is prepared and presented to the circuit court for review.Irvine,466 So.2d at 366.The failure of the agency reviewing the petition to make findings of fact in its order constitutes a departure from the essential requirements of the law.Id. The circuit court in this case declined to apply this burden-shifting analysis because of its erroneous finding that the relief Redner requested was a waiver,as opposed to a special exception.Accordingly,the circuit court did not apply the correct law,and we grant the petition for certiorari.We remand with directions to apply the burden-shifting analysis set forth in Irvine under the standard of review as determined by Vaillant.Under Vaillant,the circuit court should review the record to determine whether the City Council's decision is supported by competent,substantial evidence.See City of Dania,761 So.2d at 1094. Petition for writ of certiorari granted. NORTHCUTT and SILBERMAN,JJ.,Concur. Go to Gooqle Home-About Gooqle-About Gooqle Scholar ©2011 Google • http://scholar.google.com/scholar case?case=6663673979472062054&q=zoning,+waiver,.., 8/17/2011 • RICHARD JONES ARCHITECTURE Date: 08-17-11 To: HPB Members Re: Class III Site Plan Modification and Waiver Request for 85 SE 6th Ave. CONCURRENCY Water and Sewer—Water and sewer service is currently provided in this area. The water/sewer impact for an office use of this size with three employees is negligible. Drainage—Not applicable as no changes in the pervious and impervious areas are being proposed. Streets and Traffic—Not applicable as this property is located within the Traffic Concurrency Exemption Area("TCEA"). Parks and Recreation Facilities—Not applicable as office use does not impact Parks and Recreation. Solid Waste—Solid waste service is currently provided in this area. The solid waste generated for an office use of this size with three employees is negligible. Schools—Not applicable since office use does not increase school capacity. Should you have any questions or need for additional information in this matter, please feel free to contact myself or my office, thank you. Regards, Richard Jones Architecture Inc. Richard Jones, AIA, NCARB Principal 10 S.E. FIRST AVENUE I SUITE 102 I DELRAY BEACH, FLORIDA 33444 V 561.274.9186 I F 561.274.9196 I AR0016172 I WWW.RJARCHRECTURE.COM tzl.:i-titc. lot • Comprehensive Plan Concurrency Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Objective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices. Objective C-2 Economic development, with due regard for private property rights, historic preservation and character, is an essential component of the redevelopment and renewal efforts which are directed to the future of the City of Delray Beach. City of Delray Beach Historic Preservation Board August 17 , 2011 W& L ' Redner v. City of Tampa, 827 So. 2d 1056 -Fla: Dist. Court of Appeals, 2nd Dist. 2002 - ... Page 1 of 3 Web Images Videos Maps News Shopping Gmail more♦ My Citations I Scholar Preferences I Sign in :`'tc scholar zoning,waiver,burden of proof Search Advanced Scholar Search Read this case I How cited Redner v. City of Tampa, 827 So.2d 1056 -Fla: Dist. Court of Appeals, 2nd Dist.2002 Highlighting zoning,waiver,burden of proof Remove highlighting 827 So.2d 1056(2002) Joe REDNER as owner of 411 South Florida Avenue, Petitioner, v. The CITY OF TAMPA, Florida, a municipal corporation, Respondent. No.2D02-740. District Court of Appeal of Florida,Second District. October 11,2002. 1057 •1057 Jennifer M.D'Angelo,Tampa,for Petitioner. James D.Palermo,City Attorney,and Jerry M.Gewirtz,Assistant City Attorney,Tampa,for Respondent. STRINGER,Judge. Petitioner,Joe Redner,as owner of 411 South Florida Avenue,seeks certiorari review of the circuit court appellate panel's order denying his petition for writ of certiorari.Because the circuit court did not apply the correct law,we grant Redner's petition for writ of certiorari. Redner filed an application with the City of Tampa seeking to operate a wet-zoned facility on the property located at 411 South Florida Avenue,Tampa,Florida("the premises").The premises are located in a zone which allows for the sale and dispensation of alcoholic beverages,provided that the property sought to be wet zoned is not within 1000 feet of certain other establishments,including establishments selling alcoholic beverages and government buildings.The City Council may"waive"the distance requirement if the granting of the wet zoning will not be adverse to the public health,safety,and general welfare,and is appropriate and compatible to existing uses.According to the staff report on wet zoning,the premises are located within 1000 feet of other establishments selling alcoholic beverages and are also located within 1000 feet of government buildings. The City Council considered Redner's wet-zoning application at a public hearing held on September 21,2000.At the hearing,the Tampa Police Department objected to the application based on information it received pursuant to an investigation.Some of the owners of property adjoining the premises opposed the application as well.However,owners of properties under conditions similar to Redner's had been granted a"waive?'from the distance limitations for wet zoning. The City Council denied Redner's application without stated findings or reasoning.Redner subsequently filed a petition for writ of certiorari in the circuit court,challenging the City Council's decision.Redner argued that the City Council departed from the essential requirements of the law in placing the burden solely on Redner to demonstrate the absence of adverse consequences in support of his application.A three-judge circuit court panel denied the writ 2 to 1 on February 5,2001,stating:"Having determined that Petitioner sought a waiver,rather than a special exception,there was no burden on the City[Council]to make findings to support its decision."Judge Isom dissented,concluding that the relief sought was a special exception,and it was the City Council's burden to show that the granting of a special exception was adverse to the public interest.Redner then filed a petition for writ of certiorari in this court seeking review of the circuit court panel's ruling. 1 o58 -1058 The applicable standards of review are set out in City of Deerfield Beach v.Valliant. 419 So.2d 624,626(FIa.1982j: We hold that where full review of administrative action is given in the circuit court as a matter of right,one appealing the circuit court's judgment is not entitled to a second full review in the district court.Where a party is entitled as a matter of right to seek review in the circuit court from administrative action,the circuit court must determine[1]whether procedural due process is accorded,[2] whether the essential requirements of the law have been observed,and[3] whether the administrative findings and judgment are supported by competent substantial evidence.The district court,upon review of the circuit court's judgment,then determines whether the circuit court[1]afforded procedural due process and[2]applied the correct law. http://scholar.google.com/scholar case?case=6663673979472062054&q=zoning,+waiver,... 8/17/2011 ' Redner v. City of Tampa, 827 So. 2d 1056 - Fla: Dist. Court of Appeals, 2nd Dist. 2002 - ... Page 2 of 3 Redner does not argue that the circuit court did not afford procedural due process;thus,our review is limited to whether the circuit court applied the correct law. The circuit court found that the City Council did not depart from the essential requirements of the law in placing the burden solely on Redner to demonstrate the absence of adverse consequences relative to the granting of his application for wet zoning.The circuit court based its finding on its interpretation of the relief Redner sought as a waiver,rather than a special exception.The circuit court concluded that,because Redner sought a waiver,there was no burden on the City Council to make findings to support its decision. The circuit court based its determination that Redner was seeking a waiver on the City Council's erroneous interpretation of the ordinance.Section 3-70(a),City of Tampa Code, sets forth the guidelines for the granting of wet zoning.Under that section,wet zoning will not be granted to property within 1000 feet of a governmental building or an establishment selling alcoholic beverages(unless the sale of alcoholic beverages is"entirely incidental to the principal function of the establishment").§3-70(a)(2),(3),City of Tampa Code. Subsection(8)provides that the City Council may"waive"the distance restrictions in subsections(2)and(3)for property located in downtown Tampa"when the sale of alcoholic beverages upon the property will not be incidental to the primary function of the business establishment operated or to be operated upon the property described in the petition"if the petitioner demonstrates and the City Council determines that the granting of the petition(1) "will not be contrary to the public health,safety and general welfare of the residents and establishments of the neighborhood and surrounding property";(2)"is appropriate and compatible to the existing uses of the contiguous and surrounding property";and(3)"will not establish a precedent of or encourage more incompatible uses in the surrounding area."§3- 70(a)(8),City of Tampa Code. The section also provides that the City Council can consider the following in addition to the above-stated criteria:(a)off-street parking and loading;(b)ingress and egress;(c)refuse and service areas;(d)lighting;and(e)control of potentially adverse effects on residences, establishments,or other properties in the area.Id. Redner's application for wet zoning acknowledged noncompliance with sections 3-70(a)(2) and(3),but requested that the City Council"waive"the distance restrictions as provided in section 3-70(a)(8).The City Council denied Redner's application without making any findings 1059 regarding the factors in section 3-70(a)(8).On certiorari review in the circuit court,Redner *1059 alleged that the City Council departed from the essential requirements of the law in placing the burden solely on him to demonstrate compliance with the factors. The allocation of burdens of proof before the City Council depends upon whether the relief sought by the petitioner is a"variance"or a"special exception."Irvine v.Duval County Planning Comm'n,495 So.2d 167(FIa.1986).The circuit court in this case erroneously determined that the relief sought under section 3-70 constituted a variance,or"waiver." Although section 3-70(a)(8)uses the term"waive,"it is clear that the section really provides for a"special exception." A"variance"is defined as"the relief granted from the literal enforcement of a zoning ordinance permitting the use of property in a manner otherwise forbidden upon a finding that enforcement of the ordinance as written would inflict practical difficulty or unnecessary hardships on a property owner."Bd.of Adjustment of Ft.Lauderdale v.Kremer,139 So.2d 448,451 (Fla.2d DCA 1962).An"exception"is defined as"a departure from the general provisions of a zoning ordinance granted by legislative process under express provision of the enactment itself."Id.The distinction between a variance and a special exception has been described as follows: If certain facts or circumstances specified in the ordinance are found to exist, then either on a direct application,or on an appeal from an administrative order enforcing the zoning ordinance,a Board of Adjustment may grant an exception. A variance is entirely different from an exception although the terms are sometimes,in error used synonymously.In the absence of a specific provision of law requiring it,one need not show unusual hardships to secure an exception.An ordinance granting the power to make exceptions must contain proper standards or rule of guidance,and under such circumstances,the Board is not rezoning or usurping legislative power. Id.;see also Rural New Town,Inc.v.Palm Beach County,315 So.2d 478,480(Fla.4th DCA 1975). The relief requested by Redner in this case is expressly provided for in subsection(8)of the ordinance upon a finding by the zoning authority that granting the petition will not be contrary to the public health,safety,and general welfare;that it is compatible with the existing uses of surrounding property;and that it will not encourage more incompatible uses in the surrounding area.The property is zoned as CBD-2,which is the Central Business District with high-rise structures.One of the permissible uses of CBD-2 as set forth in the ordinance is that of a"club."§27-438,City of Tampa Code.The use of the property as a nightclub is not otherwise prohibited,and there is no requirement that the petitioner show unusual hardships for wet zoning.In fact,variance requests are not addressed by the City Council but by another administrative board,the Variance Request Board.§17.5-74,City of Tampa Code. Under Kremer,a wet-zoning classification is therefore a special exception and not a variance. http://scholar.google.com/scholar case?case=6663673979472062054&q=zoning,+waiver,... 8/17/2011 Redner v. City of Tampa, 827 So. 2d 1056 - Fla: Dist. Court of Appeals, 2nd Dist. 2002 - ... Page 3 of 3 The allocation of burdens in a special exception proceeding was set forth by Judge Zehmer's dissent in Irvine v.Duval County Planning Commission,466 So.2d 357,362(Fla.1st DCA 1985)(Zehmer,J.,dissenting),approved,495 So.2d 167(Fla.1986),adopted after remand, 504 So.2d 1265(Fla.1st DCA 1986).The petitioner has the initial burden of showing that the application meets the statutory criteria for granting the exception.Id.at 364.Once the petitioner has met this burden,the burden shifts to the opposing party to demonstrate by competent,substantial evidence that the special exception does not meet those standards 1060 and is adverse to the*1060 public interest.Id.;see also Fla.Power&Light Co.v.City of Dania,761 So.2d 1089,1091-92(Fla.2000).The burden is on the City to ensure that an adequate record of the evidence presented at the hearing is prepared and presented to the circuit court for review.Irvine,466 So.2d at 366.The failure of the agency reviewing the petition to make findings of fact in its order constitutes a departure from the essential requirements of the law.Id. The circuit court in this case declined to apply this burden-shifting analysis because of its erroneous finding that the relief Redner requested was a waiver,as opposed to a special exception.Accordingly,the circuit court did not apply the correct law,and we grant the petition for certiorari.We remand with directions to apply the burden-shifting analysis set forth in Irvine under the standard of review as determined by Vaillant.Under Valliant,the circuit court should review the record to determine whether the City Council's decision is supported by competent,substantial evidence.See City of Dania,761 So.2d at 1094. Petition for writ of certiorari granted. NORTHCUTT and SILBERMAN,JJ.,Concur. Go to Gooqle Home-About Goodie-About Gooqle Scholar 02011 Google http://scholar.google.com/scholar case?case=6663673979472062054&q=zoning,+waiver,... 8/17/2011 • RICHARD JONES ARCHITECTURE Date: 08-17-11 To: HPB Members Re: Class III Site Plan Modification and Waiver Request for 85 SE 6th Ave. CONCURRENCY Water and Sewer—Water and sewer service is currently provided in this area. The water/sewer impact for an office use of this size with three employees is negligible. Drainage—Not applicable as no changes in the pervious and impervious areas are being proposed. Streets and Traffic—Not applicable as this property is located within the Traffic Concurrency Exemption Area ("TCEA"). Parks and Recreation Facilities—Not applicable as office use does not impact Parks and Recreation. Solid Waste—Solid waste service is currently provided in this area. The solid waste generated for an office use of this size with three employees is negligible. Schools—Not applicable since office use does not increase school capacity. Should you have any questions or need for additional information in this matter, please feel free to contact myself or my office, thank you. Regards, Richard Jones Architecture Inc. Richard Jones,AIA, NCARB Principal 10 S.E. FIRST AVENUE I SUITE 102 I DELRAY BEACH, FLORIDA 33444 V 561.274.9186 I F 561.274.9196 I AR0016172 I WWW.RJARCHITECTURECOM tin FC1 u riL • Comprehensive Plan Concurrency Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Objective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices. 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