Res. No. 50-24 (Recorded)CFN 20240085091
OR BK 34882 PG 1887
RECORDED 3/13/2024 1:54 PM
Palm Beach County, Florida
Joseph Abruzzo, Clerk
Pgs: 1887 - 1892; (6pgs)
RESOLUTION NO. 50-24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH. FLORIDA, OVERRULING THE DENIAL OF A
CERTIFICATE OF APPROPRIATENESS, DEMOLITION, WAIVER,
AND VARIANCES BY THE HISTORIC PRESERVATION 130ARD
AND APPROVING SAME FOR THE CONSTRUCTION OF A TWO-
STORY DUPLEX LOCATED ON A PORTION OFTHE PROPERTIES
LOCATED AT I9 SE 2ND STREET AND 148 S1 IST AVENUE, AS
MORE PARTICULARLY DESCRIBED }-HERE-IN; PROVIDING; FOR AN
EFFECTIVE DATE: AND FOR OTHER PURPOSES.
WHEREAS, 130 SE I'`, LLC ("Owner") is the owner of the parcel of' land measuring; approximately
0.15 acres that ill.Cludes a portion of Lot 18 and a portion of Lot 17 of the Amended Plat of Sundy and
Croiwr's Subdivision of Block 70 ("the Property"), as more particularly described in Exhibit "A"; and
WHEREAS, the Property is zoned Old School Square Historic Ails }District {OSSHAD), within the
Old School Square Historic District and currently includes a single-family residence: and
WHEREAS, the Owner designated .Leff Costello, A1.011, FRA-RA, of' JC Planning SOIL16011s. 111.c.
("Applicant-) to act as its agent, and
WHEREAS. the City of Delray Beach, Florida ("City") received a Certificate of Appropriateness,
1_De:moliiion, Waiver. and Variance application (2023-1.16) ("Application") from the Owner, seeking to
demolish the existing single-family residence and construct a new, two -Story, Drench Colonial style duplex,
with a swinirning pool and. two -car garage for each unit: and
WIIEREAS, a waiver is rCquCStcd to Section 4.5.1(E)(7)(a) of the Land Development Regulations
("LDR") to allow the rieW cluplex strttcture to encroach within the required Building Height Plane 2:1 ratio;
and
WHEREAS, a variance is requested to I_DR Section 43.4 to allow 45.5n/, lot coverage, where 40%
maximurn is allowed, and
WHEREAS, variances are requested to LDR Section 4.6.15 to allow swimmiril-I pools to be set hack
five feet from the north interior property line and eight feet four inches from the south interior property line,
whereas 10 leet is required, and 10 feet eight inches from the front property line, whereas 25 feet is required,
and
WHEREAS, at its inecting of January 17, 2024, the Historic Preservation Board denied. the
Application by a vote of 4-3. and
WHEREAS, LDR Section 2.5 provides procedures for the City Commission. through a new
evidentiary hearing, to review and reverse any action which if not appealed is final; and
WI:II=RE.AS, on January 19, 21024, the Applicant filed an appeal of the, historic Preservation Board's
CFN 20240085091
OR BK 34882 PG 1888
Pg: 2 of 6
denial of the Application. and
WHEREAS, LDR Section 2.4.1 1(B)(5) provides findings for the approval of a waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the prevision of public facilities;
(c) Shall not create an unsafe situation; and
(d) Does not result in the grant of a spacial privilege in that the same waiver would be granted Under
similar circumstances can other properly for another applicant or owner.
WHEREAS, LDR Section 2.4.1 l(A.)(6) provides alternative tindings for variances for the Historic
Preservation Board:
(a) 'That a variance is necessary to maintain the historic character ol'property and dQmonstrate that
the granting of the variance would not be contrary to the public interest, safety, or welfare.
(b) That special conditions and circumstances exist, because of the historic settin9, location,
nature, or character of the land, structure, appurtenance, sign, or building involved, which are
not applicable to other iai.lds, struictUires, appurtenances, sifnis, or buildings in the same zoning
district, which have not been designated as historic sites or a historic district nor listed on the
Local Register of Historic Places.
(c) That literal interpretation of the provisions of existing ordinareeS would alter the historic
character of the historic district, or historic site to such an extent that it would not he feasible
to preserve the historic character of the historic district or historic site.
(d) That the variance requested will not significantly diminish the historic character of a historic
site or of a historic district.
(e) That the requested variance is necessary to accommodate an appropriate adaptive: reuse of a
historic building, structure, or site.
WHEREAS. on March 5, 2024, the City Commission conducted a de novo review of the request for
the Cc ilificate of Appropriateness, Demolition. Waiver, and Variances and has considered the respective
findings as Set forth in the Comprehensive Plan and Land Development Regulations at a public hearing.
NOW, THEREFORE, BE IT RESOLVED VED BY TiIE CITY COMMISSiON OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The forgoing recitals arc incorporated herein by this reference.
Section 2. 'The City Commission has con.5idered the appeal submitted by the Applicant and
Hereby grants the appeal.
x
RES. NC1. 70-24
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OR BK 34882 PG 1889
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Section 3. The City Commission makes positive findings that the requested waiver to LDR
Section 4.5.1(L)(7)(a) to allow the duplex structure to encroach within the required Building Height Plane
2:1 ratio (1) does not adversely affect the neighboring area. (2) does not significantly diminish the provision
of public facilities; (.3) does not create an unsafe situation; and (4) does not result ill the grant of a special
privilege in that the same waiver would be granted under similar circumstances oil 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 45.59110 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 circurnstances
exist, beCaUSC of the historic setting, location, nature, or character of the land, structure, appurtenance. sign.
or building involved, which are not applicable to other labels, structures, appurtenances, signs, or buildings
in the same zonina district, which have not beei} 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 ot'the historic district, or historic site to such an extent that it would not
be feasible to preserve the historic character of the historic district or historic site; (4) the variance requested
will not significantly diminish the historic character of a historic site or of a historic district; or (5) the
TC(jUested variance is necessary to accommodate an appropriate adaptive reuse of it historic hullding,
structure, or site.
Section 5. The City Commission makes positive findings that the requested variances to I_DR
Section 4.6.1.5 to allokv switnining pools to be set hack five feet from the north interior property line, eight
feet four inches from the south interior property line, and 1.0 feet eight inches from the front property line
(1) is necessary to maintain the: historic character of property and would not be contrary to the public
interest, safety, or welfarc; (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 (lot
applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning(, district, which
have; not been designated as historic sites or a historic district nor listed oil 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 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 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,
Waivcr. and Variances for the Property. finding. the request and approval thereof is consistent with (lie
Comprehensive flan and meets die criteria set forth in the Land Development Regulations.
Section 7. The C:'ity Clerk, or deli -lice. is directed to send it ecrt:ified copy of this Resolution to
Jeff Costello, 981 Delray Lakcs Drive, Delray Beach. Florida. 33444.
Section S. All resolutions or parts of resolutions in conRict herewith shall be and hereby are
repealed.
Section 9. This Resolution shell be effective concurrent with Resolution No. 19-24.
3
R1 S. i ('), 50-24
CFN 20240085091
OR BK 34882 PG 1890
Pg: 4 of 6
PASSED AND ADOPTED in regular session on the
.ATTEST:
Katerri Johnson, City Clerk
roved as to
Lynn G
Attorney
sufficiency:
S'`�-- clay of.A�.Aa,, 2024.
7
Shelly Pctrolia, M or
SEA
4
RES. NO..0-24
CFN 20240085091
OR BK 34882 PG 1891
Pg: 5 of 6
Exhibit "A„
Legal ❑escription
The northern i4.20 feet or Lot 18 and the southern 30.60 feet of Lot 17, Amended Plat of Sundy and
Crorner's Subdivision of Block 70, Original Town of Linton now Delray), according to the plat thereof as
recordcd in Plat Book 6, Page 17, Public accords of Palm Beach Counly, Florida.
RL"S. No. 50-24
CFN 20240085091
OR BK 34882 PG 1892
Pg: 6 oMIra y Beach
Florida
CITY OF DELRAY BEACH
OFFICE OF THE CITY CLERK 1 1 IP
100 N.W. 15t AVENUE • DELRAY BEACH • FLORIDA 33444 • (551) 243-7050
1991.2001.2017
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. 50-24,
as the same was passed and adopted by the Delray Beach City Commission in regular
session on the 5th 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 013 day of March 2024.
Alexis Givings V
Deputy City Clerk
City of Delray Beach, Florida
DEL
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