Res. No. 52-24 (Recorded)CFN 20240085109
OR BK 34882 PG 1961
RECORDED 3/13/2024 1:58 PM
Palm Beach County, Florida
Joseph Abruzzo, Clerk
Pgs: 1961 - 1966; (6pgs)
RESOLUTION NO. 52-24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH. FLORIDA, OVERRULING THE DENIAL OF A
CERTIFICATE OF APPROPRIATENESS, WAIVER, AND VARIA.Nt'ES
BY T1-1E IUSTORIC PRESERVATION BOARD AND APPROVING
SAME FOR THE CONSTRUCTION OF A TWO-STORY DUPLEX ON
A PORTION OF THE PROPERTIES LOCATED AT 130 AND 134 SE I ST
AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR. AN EFFEC'TiVE DATE: AND FOR OTHER.
PURPOSES.
WHEREAS. 130 SE l ", LLC ("Owner") is the owner of the parcel of land measuring approximately
0.3 acres that includes it portion of Lot 15 and a portion of Lot 14 of the Amended Plat of Sundt/ and Crc.lmer'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 is currently vacant; and
WHEREAS, the Owner designated .Jeff Costello, AICP, 1~RA-RA, of JC Planning Solutions, Inc.
("Applicant") to act as its agent: and
WHEREAS, the City of Delray Beach, Florida ("City") received a Certificate of Appropriateness
Waiver, and Variance application (2023-132) ("Application") from the Owner, seeking to construct a two-
story French. Colonial style duplex, with a swinnning pool and two -car garage tar each unit: and
WHEREAS. a. waiver is requested to Section 4.5.1(E)(7)(a) of the Land Development Regulanails
("I -DR") to allow the: duplex structure to encroach within the required Building Height Plane 2: l ratio; and
WFIEREAS, a variance is requested to LDR Section 4.3.4 to allow 45.5!,0 lot coverage. evhere 4M'o
tnaximurn is allowed: and
WHEREAS. variances are requested to LDR Section 4.6.15 to allow swimming pools to be located
five feet from the rear, whereas 10 feet is required, and to allow a swimming pool eight feet tour inches from
the front property line, whereas 25 feet is required: and
WHEREAS. at its meeting of .January 17, 2024, the Historic Preservation Board denied the
Application by a vote o C 4-3: and
WHEREAS, LDR Section 2.5 provides procedures far the City Commission, through a new
evidentiary hearing, to review and reverse any action which if not appetlled is final: and
WIIERFAS. on January 19, 2024, the Applicant filed an appcal of the I listoric Preservation Board's
denial of the Application. and
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OR BK 34882 PG 1962
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WHEREAS, LDR Section 2.4.1413)(5.) provides findings for the approval of a waiver:
(a) Shall not adversely affect the neighboring urea;
(b) Stiall not significantly diminish the provision of public facilities;
(c) Shall not create all unsafe situation: and
(d) Does not result ill the grant of a special privilege in that the same waiver would be granted under
similar eircurnSLanccs on other properly ror another applicant or owner.
WHEREAS. LDR Section 2.4.1I(A)(6) provides alternative Endings for variances liar the Historic
Preservation Board:
(a) That a variance is necessary to maintain the historic character of property and the granting of the
variance would not be contrary to the public interest, safety, or welfare.
(b) That special conditions and circumstances exist, becarlSe 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 bUildiilgs in the same zoning, district,
which have not been designated as historic sites or a historic district nor listed on the Local
Register of Historic Places.
(c) That literal interpretation of the provisions of existing ordinances would alter the historic
character of the historic district, or historic site to such an extent that it would not be feasible to
preserve the historic character of the historic district or historic site.
(d) That the variance rcquested Nvill not signitieantly diminish the historic character ot'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.
W1IEREAS, on March S, 2024, the City Commission conducted a de nova review of the request for
a Certificate: of Appropriateness, Demolition. Waiver, and Variances and has considered tilt respective
findings as set torth in the Comprehensive Plan and Land Development Regulations at a public hea.riilg.
NOW, "FlIERFFORF, BE 1T RFSOLVFD BY Till" Ci'1'Y COMMISSION OF "FlIF, CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The fore-oiilg recitals are incorporated herein by this refcrcrlce.
Section 2. 'Tile City Commission has considered the appeal Submitted by the Applicant and
hereby grants the appeal.
Section 3. The City Comillission makes positive findings that the requested waiver to Li]R
Kli:`7. No. a2-24
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OR BK 34882 PG 1963
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Section 4.5.1(E)(7)(a) to allow the new dL]p1C:x 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 in the grant of a
special privilege in that the same lvaivcr Would be granted under 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 45.5% lot coverage ( 1 ) is necessary to maintain the historic character of property and
dernOnstrates that the granting, of the variance would not be contrary to the; public interest, safety, or welfare.,
(2) special conditions and CirCLinlslances exist, because or the historic seating, 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 clistricl, which have not 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 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 accomiri.odate;
an appropriate adaptive reuse of a historic buildin.;. StrUCtUre. Or Site.
Section 5. The City Commission makes positive findings that the requested variances to l_DR
Section 4.6.15 to allow- swimming pools to be located five feet from the rear property line, and to allow a
swirnming pool eight feet four inches from the front 1�ropert_y line (I) is necessary to maintain the historic
character of property and the granting: of the: variance 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, al.1puricnances, signs. or buildings in the same zoning district. which have not been
designated as historic sites or a historic district near listed can the Local Register of Historic Places; (3) literal
interpretation of the provisions of existing ordinances would alter (lie historic character of the historic
district, or historic site; to such an extent that it Nvould not he feasible to preserve the historic character of
the historic district or historic site; (4) the variance requested A°ilil not significantly diminish the historic
character of historic site or of'a historic district; or (5) the; requested variance is necessary to accotriill odate
an appropriate adaptive reuse of a historic building- structure. or site.
Section H. 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 I -and Development Regulations.
Section 7. The City Clerk, Or designee, is directed to send a certified Copy of this Resolution to
Jeff Castello, 981 Delray I-akcs Drive. Delray Beach. Florida. 33444.
Section 8. All resolutions or parts of` resolutions in conflict herewith shall be and hereby are
repealed.
Section 9. This: Resolution shall be effective concurrent with Resolution No. 19-24.
1 ES, Ica. 72-24
CFN 20240085109
OR BK 34882 PG 1964
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PASSED AND ADOPTED in regular- session on the �_ day of , 2024.
ATTEST:
a
'Z.41
Katerri Johnson, Cily Clerk Shelly Petroiia, AV
Approved as to fo 1 and legs sufficiency:
Lynii Ve I i Y1 (Ity A7torn
RES. Is, ). 5 2 - 2 4
CFN 20240085109
OR BK 34882 PG 1965
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Exhibit"A"
Legal Description
The northern 4.60 feet of Lol 16, all of Lot 15, and the soulhcm 10.20 feet of Lot 14, Amended flat of
Sundy and Cromer's Subdivision of Block 70, Original Town of Linton (now Delray), according to the plat
thereof as recorded in Plat Boole 6, Page 17, PUblic Records of Palm Beach. County, Florida
5
RES. No. 2-24
CFN 20240085109
OR BK 34882 PG 1966
Pg: 6 o0olray Beach
Florida
CITY OF DELRAY BEACH ,
OFFICE OF THE CITY CLERK
100 N.W. 15T AVENUE * DELRAY BEACH @ FLORIDA 33444 # (561) 243-7050
1"3.2001.2017
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. 52-24,
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 61h day of March 2024.
j.
Alexis Givings
Deputy City Clerk
City of Delray Beach, Florida
LP AC.L • CI'1 013 1A.i`.I L i'•;I FLGRI f `✓ E_.SPONSIBLL NidOVA i l'i'L. f rif(K