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Res. No. 49-24 (Recorded)CFN 20240085094 OR BK 34882 PG 1899 RECORDED 3/13/2024 1:54 PM Palm Beach County, Florida Joseph Abruzzo, Clerk Pgs: 1899 - 1904; (6pgs) RESOLUTION NO 49-24 A RESOLUTION O1~ THE CITY COMMISSION OF THE CITY OF Di LRAY BEACI,i, FLORIDA. OVERRULING THE DENIAL, OF A CERT1FIC .ATE OF APPROPRIATENESS, DEMOLITION, WAIVER, AND VARIANCES BY THE HIS"l-ORIC PRESERVATION BOARD AND APPROVING; SAME FOR THE C.'ONSTR(JCTION OF A TWO- STORY DUPLEX ON A PORTION OF THE PROPERTY LOCATED AT 19 SE 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, 130 SF, I", LLC ("Owner") is the owner of the, Marcel of lane[ measuring approximately 0.23 acres that includes all of Lot 19 and a portion of Lot 18 of the Amended Plat of Sundy and Cromer's Subdivision of Block 70 ("the Property"), as more particularly described in Exhibit "A''; and WHEREAS, the Property is zoned Old School Square Historic Arts District ("OSSHAD-'), within the Old School Square Historic District and currently includes a Cluadraplex; and WHEREAS, the Owner designated Jeff Costello, AICP, FRA-RA, of .lC Planning Solutions. Inc. ("Applicant") to actas its agent, and WHEREAS, the (:'ity of Delray Bach, Florida ("City") received a Certificate of Appropriateness, Demolition, Waiver, and Variance application (2023-134) ("Application") from the Owner, seeking to demolish the existing quadraplex and construct a new, two -Story, French Colonial style: duplex, with a swimming pool and two -car garage for each unit: and WHEREAS, a waiver is requested to Section 4.5.1(E)(7)(a) ofthe Land Development Regulations ("LDR") to allow the duplex structure to encroach within the require(:[ Building Height Plane 2:1 ratio; and W11I_:R1;:AS, a variance is requested to LDR Section 4.3.4 to allow 41.3% lot coverage, where 40% maximum is allowed. and WHEREAS. variances arc requested to LDR. Section 4.6.15 to al.low swimrnin , pools to be located six feet five inches frorn the rear and side property lines, whereas 10 feet is required. and nine feet toll inches from the front property line, whereas 25 feet is regUired; and WHEREAS. at its nicetinc, of ,IanUarV 17, 2024, the Historic Preservation i3oard denied the Application by a vote of'4-3, and 4 WI-ICRLAS. LDR Section 2.5 providcs procedures Im the City Commission, through a new evidentiary hearing, to review and reverse any action which if not appealed would be final: and WITERFAS, on lanuar"V 19, 2024, the Applicant filed an appeal of the Historic Preservation Board's denial of the Application; and CFN 20240085094 OR BK 34882 PG 1900 Pg: 2 of 6 WHEREAS, LDR Section 2.4.l I(B)(5) provides findings for the approval of a waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities, (c) Shall not create an unsafe situation; and (d) Does not rc-:sult in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other properly for another applicant or owner. WIAEREAS, LDR Section 2.4.11(A)(6) provides alternative Iindings for variances Ior (lie 1-4istoric Preservation Board: (a) That a variance is necessary to maintain the historic character of property and demonstrate that the granting of'the variance would not be contrary to the public interest, safety, or welfare. (b) That special conditions and eirctnnstanccs exist, because of the historic setting. location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, sti-i.icti.ires, apptirtcnanees, signs, or buildings in the same zoning district, which have not been desiL.,nated as historic sites or a historic district nor listed on the Local Rcaister of I-l;istoric Places. (c) That literal interpretation of the previsions o(' existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it «could not be feasible to preserve the historic character of the historic district or historic site. (d) That the variance requested will not significantly diminish the historic character of a historic site orofa historic district. (e) That the requested variance: is necessary to accommodate yin appropriatc_ adaptive reuse of a historic building, structure, or site. WHEREAS. on March 5, 2024. the City Commission conducted a cloy raovo review ofthe request for the Certificate of Appropriateness. Demolition, Waiver.. and Variances and has considered the respective findings as set forth itt the Comprehensive flan and Land Development Regulations at a public hearing. NOW. 1-HEREFORE, 13i: ]T RFSOLVED BY T11E CITY COMMISSiON OF TI IF CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section L The Cor-oing recitals are incorporated herein by this re erencc. Section 2, The City Commission has considered the; appeal submitted by the Applicant and hereby grants the appeal. Section 3 The City Commission makes positive findings that the requested waiver to LDR RES. TV). 49-24 CFN 20240085094 OR BK 34882 PG 1901 Pg: 3 of 6 Section 4.5.1.(E)(7)(a) to allow the new duplex structure to encroach within the required Building Freight franc 2:1 ratio (1) does not adversely affect the neighboring area; (2) does riot significantly diminish [Ile provision of public facilities; (3) does not create an unsafe situation; and (4) does not result in the giant of a special privilege in that the satire lvaiver would be granted cinder similar circumstances on other property for another applicant or owner. Section 4. The City Commission makes Positive findings that the requested variances to LDR Section 4.3.4 to allow 41.3% lot coverage (1) is necessary to maintain the historic character of property and would not be contrary to the public interest. safety, or welfare; (2) special conditions and circumstances exist, because of the historic scltirl;, location. nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, sighs, or buildings in the same zonim, district, which have not. been designated as historic sites or a historic district ilor listed on the Local Register of Historic Places, (3) literal interpretation. of the: provisions of existing ordinances would alter the historic character of the historic district, or historic site to such ail extent that it would not he feasible to preserve the: historic character of the historic district or historic site:; (4) the variance requested will not significantly diminish the historic character of a historic site or of a historic district; or (5) the requested variance is n.ecessaty to accommodate an appropriate adaptive reuse of a historic building:, structure, or site. Section 5. The City Commission makes positive findings that the requested vat -latices to LDR Section 4.6.15 to pillow swimming pools to be located six feet five inches from the rear and side property lines and nine feet ten inches from the front property line ( l) is necessary to maintain the historic character of property and would not be: contrary to the public interest, safety, or welfare; (2) special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which. have i.iot been designated as historic sites or a historic district nor listed on the Local. Register of Historic Places; (3) literal interpretation of the provisions of existing ordinances would alter the historic character- of the historic district., or historic site to such an extent that it would not be feasible to preserve the historic character cif the historic: district or historic site:; (4) the variance requested will not significantly diminish the historic character of a historic site or of a historic district; or (5) the requested variance is necessary to accommodate an appropriate adaptive reuse of a historic building. structure, or site. Section 6. The City Commission approves the Certificate of Appropriateness, Demolition, Waiver, and Variances for the Property, finding the request and approval thereof is consistent with the Comprehensive Plan and sleets the criteria set forth in the Land Development Rey=ulatioils. Section 7. 'The City Clerk, or designee. is directed to send a certified copy of this Resolution to Jcff Costello, 981 Delray Lakes Drive. Delray Beach, Florida, 33444. Section 8. All resOlutions or parts of resolutions in conflict herewith shall be and hereby are repealed, Section 9. 'Phis Resolution shrill be cffcctivc concurrent with Resolution No. 19-24. RES. o ). 49-24 CFN 20240085094 OR BK 34882 PG 1902 Pg: 4 of 6 PASSED AND ADOPTED in regular session on the '`day Of , 2024. ATTEST: } Kalerri JOi117SOIr. City Clerk Shelly Petrolia, Ma ApRoved as t(I ftTM anc�k ml si}f'f*,iency: ...;; Lynn Ge ' �. Orney $ U:AL 4 .KES. NC). 49-24 CFN 20240085094 OR BK 34882 PG 1903 Pg: 5 of 6 Exhibit "A„ Legal Description All of Lot 19 and the southern 15.80 feet of Lot 18, Amended Plat Of SLIndy and Cromer"s Subdivision of Block 70, Original Town of Linton (now DelrCly), according to the Mat thereof as recorded in Plat Book 6, Page 17. Public Records of 1'alm Beach County, Florida. RES. NC). 49-24 CFN 20240085094 OR BK 34882 PG 1904 Pg: 6 of*fray Beach Florida CITY OF DELRAY BEACH AN-AMM CRY OFFICE OF THE CITY CLERK f 100 N.W. 1ST AVENUE 4 DELRAY BEACH ► FLORIDA 33444 ► (561) 243-7050 1993.2001•201- CERTIFICATION I, Alexis Givings, Deputy City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 49-24, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 5 h day of March 2024. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 66 day of March 2024. Alexis Givings Deputy City Clerk City of Delray Beach, Florida. SEF;%VICL R;.-SP(1')NSi(>LL - 1( (',I0`• AI1%-[ - Tip i:I' of:?