Res. No. 137-24RESOLUTION NO. 137-12.04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVINCi A WAIVER TO SECTION
4,054, I(F)(3) OF THE LAND DEVELOPMENT REGULATIONS TO
APPROVE THE DEMOLITION OF STRUCTURES LOCATED A.T 19 SE
2ND ST1E_....T,t48kjE1�'T AVENUE, AND l30 SE tsT AVENUE PRIOR
TO THE ISSUANCE OF A BUILDING PERMIT IN ACCORDANCE
WITfl THE CERTIFICATE OF APPROPRIATENESS FOR TILE
PROJECT KNOWN AS MAGNOLIA PLACE, AS MORE
PARTICULARLY DESCRIBED HF--..REtN,, AUTHORIZING THE
DEMOLITION OF SAID STRUCTURES TN CONJUNCTION WiTiI THE
ISSUANCE OF BUILDING. PERMITS FUR TFIE FOUNDATIONS;
PROVIDING A CONFLICTS CLAUSE AND AN EFFECTIVE DATE;
AND FUR OTIIER PURPOSES.
WHEREAS., 130 SF, t", I.LC ("Owner") is the owner of Magnolia Place, a 5-lot Major
Subdivision Plat eomr)ri'sed of the south half of Lot 13 and all of Lots 14 through 19, inclusive, Block 704
Amended Plat of SUndy and Cr
a.s. its agent; and
omen's Subdivision of Block 70
(the "Property"); and
S, the Owner designated Gary P. Ell'opoutos, AIA (``Applicant') of (j'E Architecture to act
ZEAS,, the Property i*s zoned Old School Square Historic Arts District ("'OSStiAD, within the
locally designated Old'School Snuare Historic District CD'r0SSRD").6 and
WHEREAS, on March 5., 20d'N)04, the City Commission approved Resolutions No. 49.34, 241
51-24, 52-24, and 53-24 approving Certificates of Appropriateness, Demolitions, Variances, and Wat'N-ers
(File Nos. ?0?3-132. 2023-I33, 2023 -- - .-- _-_.2023 Villas/Magnolia Place, including the demolition of three existing sti�►chires and the constniction of fige
ne�v, two-story, Frencii Colonial style duplex struch�res; and
-134. 202-)-1.35� and -1361 associated with Downtown Delray
WHEREAS, on March 52024, the City Commission approved Resolution No. 19-24 appro��ing
the Major Subdivision Plat to subdivide the existing properties into afive-lot subdivision known as
Magnolia Place; at�d,
WHEREAS, on May 24, 2024, the City of Delray Beach, Florida ("City") received a Waiver cequest
ti-om the Appliran# seeking to allow the demolition of three existing structures in conjunction with the
issuance of foundation pet-rnits; and
WHEREAS, Section 4.5. 1 (F)(3) of the Land Development Regulations LDR") of the City of
Delray Beach ("City") Code of Ordinances stipulates demolition shatl not occur until a building permit
has been issued for the alterations or redevelonment as described in the aDD11"Cable Certificate of
Appropriateness; and
WHEREAS. LDR Section 2.4. 11 (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 result in the grant of a special privilege in that the same waiver would be Granted
0
undersimilar circumstances on other property appil
cant or owner; and
WHEREAS, at its meeting on June 5,, 20241 the Historic Preservation Board voted 4 to 1 to
recommend approval to the ity Commission of the requested waiver; and
WHEREAS, the City Commission has considered
findings set forth i*n the Land DeN-clopment RegUlati'ons.
the requestedwaiver
as well as the respective
NOW. THEREFORE, BF-, IT RESOLVED BY THE CITY COM'MISSION ()F THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS :
Section 1.
approved.
Section 2.
Land Developmen
studies.
The forgoing recitals are hereby incorporated herein by this reference and are
Tlie City Cornmt*ssion snakes positive findings that the request is const"stent)AFith the
t Regulations, City Comprehensive Plan, and ali currently adopted City policies and/or
Section 3. The City Commission makes positive �ndiugs that the requested waiver to allow
demolition with the issuance of foundation pem-ii'ts (1) dues 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 waiver would be granted under a similar
circumstance on other property for another applicant or owner,,
Section 4. The City Clerk, or designee.., is directed to send a certified copy of this Resolution to
Gary P. Eliopoulos of GE Architecture at 1045 E. Atlantic Avenue, Suite 303, Delray Beach, FL 3348311
Section 5. All resolutions or parts of resolutions in conflict herewith shall be and hereby are
repealed..
2
RES, NO. 137-114W4
Section 6.
This Resolution shall bc effective immediately upon adoption.
PASSED AND ADOPTED in regular sessigol
ATTEST:
9 LWW
Katerri* John >0 ,City Clerk
Apprqved4t,fortr3.and legal sufficiency:
LyWf�City Attorney
3
as F. Ca ey, Jr., t\/tayor
P
It
RES. NO. 137-","/.1W4
Delray Beach
F I o ri d -cn
CITY ()F DELRJkY BEACH
ke."JFF�CE OF THE CITY CLERK
100 N.W. 1ST AVENUE * DELRAY BEACH • FLORIDA 33444 + (561) 243-7050
q- 9. V I -fi I I .0"
CERTIFICATION
I, Katerri Johnson, City Clerk of the City of Delray Beach, do hereby certify
that the attached document is a true and correct copy of Resolution No. 137-24, as the
same was passed and adopted by the Delray Beach City Commission in regular session
on the 18th day of June 2024.
IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of
the City of Delray Beach, Florida, on this the 20th- day of June 20240
X
Katerri Ja
City Clerk
nson
City of Delray Beach, Florida
SER-RVICE a PERFORMANCE a INTEGRITY
RESPONSIBLE
INNOVATIVt_
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l�MWORK