Ord 12-02ORDINANCE NO. 12-02(A)
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 70-89 THAT PROVIDED FOR THE
HISTORIC DESIGNATION OF THE FONTAINE FOX
HOUSE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided
for the historic designation of the Fontaine Fox House as well as certain surrounding vacant
property, including a parcel east of A-l-A, and allowed the development of a total of 3
dwelling units on the site which would include the development of a house on the east side of
A-l-A, provided certain conditions were met; and
WHEREAS, there currently exists the Fontaine Fox house and a house on the east
side of A-1-A on the historic site; and
WHEREAS, the current owner of the Fontaine Fox house and lands west of A-1-A
wishes to amend Ordinance No. 70-89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DF*.!.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2, "Requirements of Designation" of Ordinance No. 70-89 of
the City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 2,
"Requirements of Development" to read as follows:
Requirements of Development.
The requirements of development are as follows:
(1) Two dwelling units currently exist on the historic site, an additional two
dwe~ng units are allowed on the historic site west of A-1-A and to the rear of the currently
existing Fontaine Fox House but beyond the 50' buffer as described in Subsection 2.
(2) The developer shall establish a minimum of a 50' buffer between the existing
wall at the rear of the Fontaine Fox House and any newly created lot to the west, by requiring
the west lot line of any newly created on the historic site to be a minimum of 50' from the
existing rear wall.
(3) The developer shall restrict the height of any new construction to 28' of any
newly subdivided lot mediately west of and adjacent to any newly created lot containing the
existing structures currently located at 610 & 622 North Ocean Boulevard.
(4) That the entirety of Lot 1, Plat of Hancock Subdivision, currently addressed
as 622 N. Ocean Boulevard be listed in the Local Register of Historic Places and approved by
the City Commission. The applicant must go through the full process and not voluntarily
withdraw the designation application and such designation process must be completed prior
to the recordation of the proposed final plat. This item shall not be required if the City
Commission fails to approve the designation.
(5) The Fontaine Fox House must be listed on the National Register of Historic
Places, unless otherwise determined by a State or Federal agency. The owner must go
through the full process of listing the house and will not voluntarily withdraw the application.
The designation process for listing in the National Register will be initiated prior to the
approval of the plat.
Section 2. If the provisions of Section 1 are not met then the following shall apply:
(1) No more than three dwelling units shall be used and/or developed within the
boundaries of the Fontaine Fox Historic Site. This includes the two dwelling units currently
existing on the site.
(2) No dwelling unit used or developed on that portion of the Fontaine Fox
Historic Site which lies east of State Road A-I~A shall contain more than two thousand and
four hundred (2,400) square feet of gross floor area.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Sectiotl 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
2 ORD. NO. 12-02
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3 ORD. NO. 12-02
ORDINANCE NO. 12-02(B)
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 70-89 THAT PROVIDED FOR THE
HISTORIC DESIGNATION OF THE FONTAINE FOX
HOUSE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided
for the historic designation of the Fontaine Fox House as well as certain surrounding vacant
property, including a parcel east of A-I-A, and allowed the devdopment of a total of 3
dwelling units on the site which would include the development of a house on the east side of
A-l-A, provided certain conditions were met; and
WHEREAS, there currently exists the Fontaine Fox house and a house on the east
side of A-1-A on the historic site; and
WHEREAS, the current owner of the Fontaine Fox house and lands west of A-1-A
wishes to amend Ordinance No. 70-89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2, "Requirements of Designation" of Ordinance No. 70-89 of
the City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 2,
"Requirements of Development" to read as follows:
Requirements of Development.
The requirements of development are as follows:
(1) Two dwelling units currently exist on the historic site, an additional three
dwelling units are allowed on the historic site west of A-1-A and to the rear of the currently
existing Fontaine Fox House but beyond the 50' buffer as described in Subsection 2.
(2) The developer shall establish a minimum of a 50' buffer between the existing
wall at the rear of the Fontaine Fox House and any newly created lot to the west, by requiring
the west lot line of any newly created on the historic site to be a minimum of 50' from the
existing rear wall.
(3) The developer shall restrict the height of any new construction to 28' of any
newly subdivided lot immediately west of and adjacent to any newly created lot containing the
existing structures currently located at 610 & 622 North Ocean Boulevard.
(4) That the entirety of Lot 1, Plat of Hancock Subdivision, currently addressed
as 622 N. Ocean Boulevard be listed in the Local Register of Historic Places and approved by
the City Commission. The applicant must go through the full process and not voluntarily
withdraw the designation application and such designation process must be completed prior
to the recordation of the proposed final plat. This item shall not be required if the City
Commission fails to approve the designation.
(5) The Fontaine Fox House must be listed on the National Register of Historic
Places, unless otherwise determined by a State or Federal agency. The owner must go
through the full process of listing the house and will not voluntarily withdraw the application.
The designation process for listing in the National Register will be initiated prior to the
approval of the plat.
Section 2. If the provisions of Section 1 are not met then the following shall apply:
(1) No more than three dwelling units shall be used and/or developed within the
boundaries of the Fontaine Fox Historic Site. This includes the two dwelling units currently
existing on the site.
(2) No dwelling unit used or developed on that portion of the Fontaine Fox
Historic Site which lies east of State Road A-1-A shall contain more than two thousand and
four hundred (2,400) square feet of gross floor area.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
2 ORD. NO. 12-02
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3 ORD. NO. 12-02
ORDINANCE NO. 12-02(C)
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 70-89 THAT PROVIDED FOR THE
HISTORIC DESIGNATION OF THE FONTAINE FOX
HOUSE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided
for the historic designation of the Fontaine Fox House as well as certain surrounding vacant
property, including a parcel east of A-I-A, and al/owed the development of a total of 3
dwelling un/ts on the site which would include the development of a house on the east side of
A-l-A, provided certain conditions were met; and
WHEREAS, there currently exists the Fontaine Fox house and a house on the east
side of A-1-A on the historic site; and
WHEREAS, the current owner of the Fontaine Fox house and lands west of A-1-A
wishes to amend Ordinance No. 70-89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DFJ,RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1, "Designation" of Ordinance No. 70-89 of the City of
Delray Beach is hereby amended to provide for a revised Exhibit 1.
Section 2.
follows:
That Section 2, "Requirements of Designation" is hereby amended as
Notwithstanding any provision of the City Code of the City of Delray Beach and any
other provision of this Ordinance, the following requirements shall apply to the use and
development of the Fontaine Fox Historic Site:
1) no more than .t.___ ~=x
.... ~..~ two (.2) dwelling units shall be used and developed
within the boundaries of the Fontaine Fox Historic Site; and,
2) no dwelling unit used or developed on that portion of the Fontaine Fox
Historic Site which lies east of State Road A-1-A shall contain more than two thousand and
four hundred (2,400) square feet of gross floor area.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2 ORD. NO. 12-02
EXHIBIT 1
Begin at the Southeast comer of Lot 2 of Ocean Apple Estates as recorded in Plat Book
65, Page 100 of the Public Records of Palm Beach County, Florida; Thence S 89° 07' 09"
W along the South line of said Lot 2, a distance of 196.35 feet; Thence N 01° 18' 31" W
along the West line of said Lot 2, a distance of 50.00 feet; Thence S 89° 08' 10" W along
the South line of said Lot 2, a distance of 11.19 feet; Thence N 01° 02' 43" W, a distance
of 55.70 feet; Thence N 88° 57' 17" E, a distance of 19.30 feet; Thence N 01° 02' 43" W
a distance of 65.26 feet; Thence N 88° 57' 17" E, a distance of 29.00 feet; Thence N 01°
02' 43" W, a distance of 29.35 feet to the North line of said Lot 2; Thence N 89° 05' 16"
E along said North line of Lot 2, a distance of 159.89 feet to the Northeast comer of said
Lot 2; Thence S 00° 55' 27" E along the East line of said Lot 2 a distance of 200 feet to
the Point of Beginning,
Together With
Lot 1, Ocean Apple Estates as recorded in Plat Book 65, Page 100 of the Public Records
of Palm Beach County, Florida
Together With
The South 10 feet of Lot 3 lying East of the right-of-way of State Road A-l-A, Block E,
Revised Plat of Blocks D and E, Palm Beach Shore Acres, Dekay Beach, Palm Beach
County, Florida, according to the Plat thereof recorded in Plat Book 7 at page 38 of the
Public Records of Palm Beach County, Florida.
3 ORD. NO. 12-02
100
IHE FONTAINE FOX HOLI~E, PROV~D-
lNG A SAV1NG ~ A GENERAL
TIVE DATE.
CITY COMMISSION
CITY OF DELRAY BEACH, FLORIDA
IN RE:
Fontaine Fox Property
An Order of the City Commission of the City of Delray Beach, Florida.
Frank McKinney, as owner, requested a modification of Ordinance No. 70-89
regarding the property referred to as the "Fontaine Fox House" in L.D.R. Section
4.5.1 (K)(2)
The City Commission held a quasi-judicial hearing on April 2, 2002 to consider
the modification to Ordinance No. 70-89.
Based on the record, testimony and evidence presented at the hearing, it is
hereby
ORDERED AND ADJUDGED that Ordinance No. 12-02(A) is denied.
ORDERED this,~,.~
City Clerk
day of ~
!
,2002.
DELRAY BEACH CITY COMMISSION
David Schmidt, Mayor
CITY COMMISSION
CITY OF DELRAY BEACH, FLORIDA
IN RE:
Fontaine Fox Property
An Order of the City Commission of the City of Delray Beach, Florida.
Frank McKinney, as owner, requested a modification of Ordinance No. 70-89
regarding the property referred to as the "Fontaine Fox House" in L.D.R. Section
4.5.1(K)(2)
The City Commission held a quasi-judicial hearing on April 2, 2002 to consider
the modification to Ordinance No. 70-89.
Based on the record, testimony and evidence presented at the hearing, it is
hereby
ORDERED AND ADJUDGED that Ordinance No. 12-02(B) is denied.
ORDERED this c~..~ day of ~ ,2002.
ATTEST: .
By: ~
City Clerk
DELRAY BEACH CITY COMMISSION
David Schmidt, Mayor
CITY COMMISSION
CITY OF DELRAY BEACH, FLORIDA
IN RE:
Fontaine Fox Property
An Order of the City Commission of the City of Delray Beach, Florida.
Frank McKinney, as owner, requested a modification of Ordinance No. 70-89
regarding the property referred to as the "Fontaine Fox House" in L.D.R. Section
4.5.1(K)(2)
The City Commission held a quasi-judicial hearing on April 2, 2002 to consider
the modification to Ordinance No. 70-89.
Based on the record, testimony and evidence presented at the hearing, it is
hereby
ORDERED AND ADJUDGED that Ordinance No. 12-02(C) is denied.
ORDERED this ~ day of ~ ,2002.
y:TT~
City Clerk
DELRAY BEACH CITY COMMISSION
David Schmidt, Mayor
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ] 0 ~. REGULAR MEETING APRIL 2, 2002 ORDINANCE
NO, 12-02 (AMENDMENT TO HISTORIC DESII3NATION/FONTAINE
FOX HOUSE)
MARCH 29, 2002
This is second reading and a quasijudidal hearing for Ordinance No. 12-02 (A, B, & C) mending
Ordinance No. 70-89. The Fontaine Fox historic designation contains approximately 2.5 acres of
land and consists of Lots one (1), two (2), and three (3) of the Ocean Apple Estates Plat and the south
ten (10) feet of Lot three (3) which lies east of A1A of the Palm Beach Shore Acres plat. Lot one (1)
lies on the east side of Ocean Boulevard (615 North Ocean Boulevard) while lots two (2) and three
(3) lie on the west side of Ocean Boulevard (610 North Ocean Boulevard) between north Ocean
Boulevard and Andrews Avenue.
The applicants requested amendment of Ordinance No. 70-89 (Ordinance No. 12~02(C)) will remove
the historic designation from Lot three (3), Ocean Apple Estates Plat and a portion of Lot two (2),
and alter the previous density restriction to allow Lot three (3) and a portion of Lot two (2) to be
subdivided into a total of four separate parcels. The historic designation for the remaining portion of
the current Lot two (2), the lot that houses the Fontaine Fox House and its outbuildings, including
Lot one (1) on the ocean side, would remain.
Both Ordinance No. 12-02(A) and 12-02(13) retain the historic designation on the entire property and
limit the height on the new lots immediately west of the Fontaine Fox buildings to twenty-eight (28)
feet. The difference between the two Ordinances is that 12-02(A) allows an additional two (2) lots
while 12-0200) allows an additional three (3) lots.
Ordinance No. 12-02 (A, B, & C) was approved on first reading at the regularly scheduled City
Commission meeting of March 19, 2002 based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations (LDR), policies of the
Comprehensive Plan, and LDR Section 4.5.1.
Recommend approval of Ordinance No. 12-02 (A or B) at the Commission's discretion, on second
and final reading, based upon the findings and recommendation of the Historic Preservation Board.
The staff recommendation is embodied in Ordinance No. 12-02(B), while the Historic Preservation
Board has recommended Ordinance No. 12-02(A).
S:\C~ty Clerk\CHEVELLE FOLDER\agenda memos\Ord, l:Z02.04.02.02 Amend. Fontame Fox House.doc
TO:
THROUGH:
FROM:
SUBJECT:
D .~.~~.C ITY MANAGER
P~U"~DORLING,p~ECTOR OF PLANNING AND ZONING
I/J/ENDY SHAy, HISTORIC PRESERVATION PLANNER
M I"~~'~[:~ ~''~ ~
LAND LOCATED AT 610 & 615 NORTH OCEAN BOULEVARD~ APPROXIMATELY
900' SOUTH OF GEORGE BUSH BOULEVARD BETWEEN ANDREWS AVENUE
AND THE ATLANTIC OCEAN; AN INDIVIDUALLY LISTED HISTORIC PROPERTY.
The Fontaine Fox historic designation contains approximately 2.5 acres of land and consists of Lots 1,
2 and 3 of the Ocean Apple Estates Plat and the south 10' of Lot 3 (lying east of A1A) of the Palm
Beach Shore Acres plat. Lot 1 lies on the east side of Ocean Blvd. (615 N. Ocean Blvd.) while lots 2
and 3 lie on the west side of Ocean Blvd (610 N. Ocean Blvd.) between N. Ocean Boulevard and
Andrews Avenue. Associated with the property is a 1,184 square foot Cape Cod cottage, which was
constructed in 1936 of Florida cypress. Designed by renowned architect John Volk and inspired by the
trolley made famous in Fontaine Fox's "Toonerville Trolley" cartoon strips, the Cape Cod Cottage style
dwelling is located on Lot 2. Three outbuildings are also located to the west (behind) the existing
house on lot 2. All three structures are considered contributing buildings. Zoned R-l-AAA Single
Family Residential, the property (including all three lots) is an individually listed historic property in the
City of Delray Beach established by Ordinance 70-89.
The applicant proposes the amendment of Ordinance 70-89 in order to remove the historic
designation from Lot 3, Ocean Apple Estates plat and a portion of Lot 2 (see map) and alter the
previous density restriction to allow Lot 3 and a portion of Lot 2 to be subdivided into a total of four
separate parcels. The historic designation for the remaining portion of the current Lot 2 (see map), the
lot that houses the Fontaine Fox House and its outbuildings, as well as Lot 1 on the ocean side, would
remain.
The related plat also includes the subdivision of the lot immediately north of the Fontaine Fox House.
This lot which is to be subdivided into two lots also contains a contributing 1935 Cape Cod house,
designed by John Volk.
Additional background and an analysis of the request are provided in the attached staff report.
At its meeting of March 6, 2002, the Historic Preservation Board held a public hearing in conjunction
with the request. There were six citizens who expressed their concerns with the potential
ramifications of the Ordinance amendment. There were no public comments in favor of the proposed
amendment. Upon reviewing the staff report and discussing the proposal, a motion to approve as
recommended in the staff report failed (3-3). Some of the Board members felt that only two versus
three additional units should be permitted to allow limited development yet protect the integrity of the
historic structures. After further discussion, the Board recommended approval of the amendment 6-0,
subject to the following conditions:
City Commission Documentation
Meeting of March 19, 2002
Fontaine Fox Historic Property
Page 2
1) Maintain the geographical boundaries of the historic designation (Lots 1-3 of Ocean Apple
Estates and the south 10' of lot 3 of Palm Beach Shore Acres).
2) Modify the existing density restriction from three to four dwelling units.
3)
Establish a minimum of a 50' buffer between the existing wall at the rear of 610 N. Ocean
Boulevard and the adjacent lot to the west (approximately 140' east of the west line of Lot 2 of
Ocean Apple Estates as shown on the attached map).
4) Restrict the height of any new construction of proposed lots 3 & 7 to 28'.
5)
That the residence at 622 N. Ocean Blvd be listed in the Local Register of Historic Places and
approved by the City Commission. The designation process for local listing is to be completed
prior to the recordation of the proposed final plat.
6)
That the Fontaine Fox House must be listed on the National Register of Historic Places, unless
otherwise determined by the State Historic Preservation Office. The designation process for
listing in the National Register will be initiated prior to the approval of the plat.
By motion, approve on first reading the ordinance for an Ordinance amendment for the Fontaine Fox
Historic Property, based upon positive findings with respect to Chapter 3 (Performance Standards)
of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 4.5.1
subject to the following conditions:
1) Maintain the geographical boundaries of the historic designation as set forth in Ordinance 70-89.
2) Modify the density restriction from three to five dwelling units.
3)
Establish a minimum of a 50-foot buffer between the existing wall at the rear of the Fontaine Fox
House, located at 610 N. Ocean Boulevard, and any newly created lot to the west, by requiring
the west lot line of any newly created lot containing the Fontaine Fox House (as it currently
exists), to be a minimum of 50-feet from the existing rear wall (as it currently exists).
4)
Restrict the height of any new construction to 28-feet, of any newly created lot immediately west
of and adjacent to, the lot containing the existing structures located at 610 & 622 North Ocean
Boulevard (State Road A1A).
5)
That the entirety of Lot 1, Plat of Hancock Subdivision (Plat Book 76, Page 175), currently
addressed as 622 North Ocean Boulevard, be listed in the Local Register of Historic Places and
approved by the City Commission. The designation process for local listing is to be completed
prior to the recordation of the proposed final plat.
6)
That the Fontaine Fox House be listed on the National Register of Historic Places, unless
otherwise determined by the State Historic Preservation Office. The designation process for
listing in the National Register is to be initiated prior to the approval of the plat.
Attachment: HPB Staff Report of March 6, 2002
/
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* RELATIVE LOT CONFIGURATION PER HPB RECOMMENDATION.
CITY O~ IX~,.~AY ~:*.C).I, FL
DENOTES BUILDING HEIGHT RESTRICTED TO 28-FEET
ORDINANCE NO. 12-02(A)
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 70-89 THAT PROVIDED FOR THE
HISTORIC DESIGNATION OF THE FONTAINE FOX
HOUSE; PROVIDING A SAVING C.~AUSE, A GENERAL
REPEALER ~AUSE, AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided
for the historic designation of the Fomaine Fox House as well as certain surrounding vacant
property, including a parcel east of A-l-A, and allowed the developmem of a total of 3
dwelling units on the site which would include the development of a house on the east side of
A-I-A, provided certain conditions were met; and
WHEREAS, there currently exists the Fontaine Fox house and a house on the east
side of A- 1-A on the historic site; and
WHEREAS, the current owner of the Fontaine Fox house and lands west of A-1-A
wishes to amend Ordinance No. 70-89.
NOW, TFfl~REFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2, "Requirements of Designation" of Ordinance No. 70-89 of
the City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 2,
"Requirements of Development" to read as follows:
Requirements of Development.
The requirements of development are as follows:
(1) Two dwelling units currently exist on the historic site, an additional two
dwelling units are allowed on the historic ske west of A-1-A and to the rear of the currently
existing Fontaine Fox House but beyond the 50' buffer as described in Subsection 2.
(2) The developer shall establish a minimum of a 50' buffer between the existing
wall at the rear of the Fontaine Fox House and any newly created lot to the west, by requiring
the west lot line of any newly created on the historic site to be a minimum of 50' from the
existing rear wall.
(3) The developer shall restrict the height of any new construction to 28' of any
newly subdivided lot immediately west of and adjacent to any newly created lot containing the
existing structures currentlylocated at 610 & 622 North Ocean Boulevard.
(4) That the entirety of Lot 1, Plat of Hancock Subdivision, currently addressed
as 622 N. Ocean Boulevard be listed in the Local Register of Historic Places and approved by
the City Commission. The applicant must go through the ftdl process and not voluntarily
withdraw the designation application and such designation process must be completed prior
to the recordation of the proposed final plat. This item shall not be required if the City
Commission fails to approve the designation.
(5) The Fontaine Fox House must be listed on the National Register of Historic
Places, unless otherwise determined by a State or Federal agency. The owner must go
through the full process of listing the house and will not voluntarily withdraw the application.
The designation process for listing in the National Register will be initiated prior to the
approval of the plat.
Section 2. If the provisions of Section 1 are not met then the following shall apply:
(1) No more than three dwelling units shall be used and/or developed within the
boundaries of the Fontaine Fox Historic Site. This includes the two dwelling units currently
existing on the site.
(2) No dwelling unit used or developed on that portion of the Fontaine Fox
Historic Ske which lies east of State Road A-1-A shall contain more than two thousand and
four hundred (2,400) square feet of gross floor area.
Section 3. That should any section or provision of this ordinance or any pordon
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
2 ORD. NO. 12-02
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200
ATTEST
MAYOR
City Clerk
First Reading
Second Reading.
3 ORD. NO. 12-02
ORDINANCE NO. 12-02(B)
AN ORDINANCE OF THE CITY ODMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 70-89 THAT PROVIDED FOR THE
HISTORIC DESIGNATION OF THE FONTAINE FOX
HOUSE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided
for the historic designation of the Fontaine Fox Home as well as certain surrounding vacant
property, including a parcel east of A-i-A, and allowed the development of a total of 3
dwelling units on the site which would include the development of a home on the east side of
A-l-A, provided certain conditions were met; and
WHEREAS, there currently exists the Fontaine Fox home and a home on the east
side of A- 1-A on the historic site; and
WHEREAS, the current owner of the Fontaine Fox home and lands west of A-1-A
wishes to amend Ordinance No. 70-89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2, "Requirements of Designation" of Ordinance No. 70-89 of
the City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 2,
~Requirem_ents of Development" to read as follows:
Requirements of Development.
The requirements of development are as follows:
(1) Two dwelling units currently exist on the historic site, an additional three
dwelling units are allowed on the historic site west of A-1-A and to the rear of the currently
existing Fontaine Fox Home but beyond the 50' buffer as described in Subsection 2.
(2) The developer shall establish a minimum of a 50' buffer between the existing
wall at the rear of the Fontaine Fox Home and any newly created lot to the west, by requiring
the west lot line of any newly created on the historic site to be a minimum of 50' from the
existing rear wall.
0) The developer shall restrict the height of any new construction to 28' of any
newly subdivided lot immediately west of and adjacent to any newly created lot containing the
existing structures currently located at 610 & 622 North Ocean Boulevard.
(4) That the entirety of Lot 1, Plat of Hancock Subdivision, currently addressed
as 622 N. Ocean Boulevard be listed in the Local Register of t-fistoric Places and approved by
the City Commission. The applicant must go through the full process and not voluntarily
withdraw the designation application and such designation process must be completed prior
to the recordation of the proposed final plat. This kem shall not be required if the City
Commission fails to approve the designation.
(5) The Fontaine Fox House must be listed on the National Register of I--fistoric
Places, unless otherwise determined by a State or Federal agency. The owner must go
through the full process of listing the house and will not voluntarily withdraw the application.
The designation process for listing in the National Register will be initiated prior to the
approval of the plat.
Section 2. If the provisions of Section 1 are not met then the following shall appl3~
(1) No more than three dwelling units shall be used and/or developed within the
boundaries of the Fontaine Fox Historic Site. This includes the two dwelling units currently
existing on the site.
(2) No dwelling unit used or developed on that portion of the Fontaine Fox
I-fistoric Ske which lies east of State Road A-1-A shall contain more than two thousand and
four hundred (2,400) square feet of gross floor area.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part dechred to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
2 ORD. NO. 12-02
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 200
ATTEST
MAYOR
C/ty Clerk
First Reading
Second Reading
3 ORD. NO. 12-02
ORDINANCE NO. 12-02(Q
AN ORDINANCE OF THE CITY ODMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 70-89 THAT PROVIDED FOR THE
HISTORIC DESIGNATION OF THE FONTAINE FOX
HOUSE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided
for the historic designation of the Fontaine Fox House as well as certain surrounding vacant
property, including a parcel east of A-I-A, and allowed the development of a total of 3
dwelling units on the site which would include the development of a house on the east side of
A- I-A, provided certain conditions were met; and
WHEREAS, there currendy exists the Fontaine Fox house and a house on the east
side of A- 1-A on the historic site; and
WHEREAS, the current owner of the Fontaine Fox house and lands west of A-1-A
wishes to amend Ordinance No. 70-89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY GOMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1, "Designation" of OMinance No. 70-89 of the City of
DelrayBeach is hereby amended to provide for a revised Exhibk 1.
Section 2.
follows:
That Section 2, "Requirements of Designation" is hereby amended as
Notwithstanding any provision of the City Code of the City of Delray Beach and any
other provision of this Ordinance, the following requirements shall apply to the use and
development of the Fontaine Fox Historic Site:
1) no more than .t._~ ~
.... w two 12) dwelling units shall be used and developed
within the boundaries of the Fontaine Fox I-~storic Site~ and,
2) no dwelling unit used or developed on that portion of the Fontaine Fox
t-fistoric Ske which lies east of State Road A-1-A shall contain more than two thousand and
four hundred (2,400) square feet of gross floor area.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 200
ATIEST
MAYOR
City Gerk
First Reading
Second Reading
2 ORD. NO. 12-02
EXHIBIT 1
Begin at the Southeast comer of Lot 2 of Ocean Apple Estates as recorded in Pht Book
65, Page 100 of the Public Records of Palm Beach County, Florida; Thence S 89 ° 07' 09"
W along the South line of said Lot 2, a distance of 196.35 feet; Thence N 01 ° 18' 31" W
along the West line of said Lot 2, a distance of 50.00 feet; Thence S 89° 08' 10' W along
the South line of said Lot 2, a distance of 11.19 feet; Thence N 01° 02' 43" W, a distance
of 55.70 feet; Thence N 88° 57' 17" E, a distance of 19.30 feet; Thence N 01 ° 02' 43" W
a distance of 65.26 feet; Thence N 88 ° 57' 17" E, a distance of 29.00 feet; Thence N 01°
02' 43" W, a distance of 29.35 feet to the North line of said Lot 2; Thence N 89° 05' 16"
E along said North line of Lot 2, a distance of 159.89 feet to the Northeast comer of said
Lot 2; Thence S 00° 55' 27" E along the East line of said LOt 2 a distance of 200 feet to
the Point of Beginning,
Together With
Lot 1, Ocean Apple Estates as recorded in Plat Book 65, Page 100 of the Public Records
of Palm Beach County, Florida
Together With
The South 10 feet of LOt 3 lying East of the right-of-way of State Road A-l-A, Block E,
Revised Plat of Blocks D and E, Palm Beach Shore Acres, Delray Beach, Palm Beach
County, Florida, according to the Plat thereof recorded in Plat Book 7 at page 38 of the
Public Records of Palm Beach County, Florida.
3 ORD. NO. 12-02
Item:
I1. A. - Meeting of March 6, 2002
Consideration of an amendment to Ordinance 70-89 regarding the
Fontaine Fox House historic designation.
Location: 610 & 615 N. Ocean Boulevard
The item before the Board is approval of an amendment to Ordinance 70-89 for the
Fontaine Fox House historic designation, pursuant to LDR Sections 4.5.1(B) and
4.5.1(K)(2).
The Fontaine Fox historic designation contains approximately 2.5 acres of land and
consists of Lots 1, 2 and 3 of the Ocean Apple Estates Plat and the south 10' of Lot 3
(lying east of A1A) of the Palm Beach Shore Acres plat. The properties are located
approximately 900' south of George Bush Boulevard between Andrews Avenue and the
Atlantic Ocean. Lot 1 lies on the east side of Ocean Blvd. (615 N. Ocean Blvd.) while
lots 2 and 3 lie on the west side of Ocean Bird (610 N. Ocean Blvd.) between N. Ocean
Boulevard and Andrews Avenue. Associated with the property is a 1,184 square foot
Cape Cod cottage, which was constructed in 1936 of Florida cypress. Inspired by the
trolley made famous in Fontaine Fox's "Toonerville Trolley" cartoon strips, the Cape
Cod Cottage style is located on Lot 2. Three outbuildings are also located to the west
(behind) the existing house on lot 2. All three structures are considered contributing
buildings. Zoned R-l-AAA Single Family Residential, the property (including all three
lots) is an individually listed historic property in the City of Delray Beach as established
by Ordinance 70-89.
The Historic Preservation Board recommended approval of Ordinance 70-89 to the City
Commission on September 20, 1989 with the stipulations that Lot 1, the oceanfront lot,
could build one dwelling unit of no more than 2,400 square feet and that the property be
subdivided into no more than three lots for no more than three dwelling units (one house
per lot). The Ordinance was adopted by the City of Delray Beach on October 24, 1989.
In conjunction with the designation, the beachfront lot (Lot 1) received a variance to
allow a lot that did not comply with the minimum lot area and side building setback
requirements of the R-l-AAA zoning district. The gross lot size was reduced from
12,500 sq. ft. to 8,042 sq. ft. and the side setbacks reduced from 12' to 5'.
A request to amend Ordinance 70-89 was submitted in June 1992 which proposed an
850 square foot addition to the gross floor area for the single family home to be
constructed on Lot 1 (615 N. Ocean Boulevard). This amendment would have allowed
a dwelling unit of 3,250 gross square feet as opposed to the 2,400 square foot
restriction as imposed by the Ordinance. Upon review of the request, the Board
recommended approval of the amendment to the City Commission at its meeting on
October 27, 1992. However, the amendment request was denied by the City
Commission during its meeting on October 27, 1992.
610 & 615 N. Ocean Boulevard, Ordinance ame'ndmen{
Individually Listed Property ~
Page 2 ,, ,,
In December 2, 1992, the Board approved the architectural elevations for the
construction of a new residence at 615 N. Ocean Blvd. Approval was contingent upon
the terms set forth in Ordinance 70-89, which stated that the building shall contain no
more than 2,400 square feet or gross floor area.
Project Description:
The proposal is to amend Ordinance 70-89 in order to remove the historic designation
from Lot 3 and a portion of Lot 2 (see map) and alter the previous density restriction to
allow Lot 3 and a portion of Lot 2 to be subdivided into a total of four separate parcels to
accommodate a development plan for construction of single family homes
(perpendicular to the extant historic structure). The historic designation for the
remaining portion of the current Lot 2 (see map), the lot that houses the Fontaine Fox
House and its contributing outbuildings, as well as Lot 1 on the ocean side, would
remain.
The overall project also proposes to subdivide the lot immediately north of the Fontaine
Fox House, which consists of a contributing Cape Cod house built in 1935 (proposed
lots 6 & 7). Lot 7, located directly behind (west) the structure at 622 N. Ocean Boulevard
is currently described as Lot 1 of the Hancock Subdivision.
De-designation Analysis:
There is no formal de-designation process in the Land Development Regulations.
In absence of a formal process, this de-designation request is being evaluated
based upon the current designation criteria. If it is determined that the de-
designation should not be evaluated based upon these standards, the item
should be tabled and a formal de-designation LDR process created.
LDR Section 4.5.1(E)(4), (E)(8)(a), and (E)(8)(j) "Development Standards" provides
guidelines in evaluating Certificates of Appropriateness for the alteration or
addition of exterior architectural features. The guidelines are as follows:
The Board Shall Consider:
(a)
A historic site, or building, structure, site, improvement, or appurtenance within a
historic district shall be altered, restored, preserved, repaired, relocated,
demolished, or otherwise changed in accordance with the Secretary of the
Interior's Standards for Rehabilitation, as amended from time to time.
(b)
All improvement to buildings, structures, and appurtenances within a designated
historic district shall be visually compatible. Visual compatibility can include but is
not limited to: consistency in relation to materials, texture, and color of the fa~;ade
of a building in association with the predominant material used in surrounding
historic sites and structures within the historic district.
-610 & 615 N. Ocean Boulevard, Ordinance amehdment'
Individually Listed Property
Page 3 ,, ,,
(c) A height of proposed buildings or modifications shall be visually compatible in
comparison or relation to the height of existing structures and buildings.
(d)
The size of a buildings, the building mass in relation to open spaces, windows,
door openings, balconies, and porches shall be visually compatible with the
building size and building mass of historic sites, buildings, and structures within a
historic district.
In 1989, the previous property owners, Roderick and Joyce Wilson initiated the
designation process for the Fontaine Fox Property, currently described as Lots 1-3 of
Ocean Apple Estates, for listing in the Local Register of Historic Places. The
designation would ensure that the density of development for the property was
restricted and would permit the construction of a dwelling on the lot directly across from
the Fox residence on the east side of Ocean Boulevard (Lot 1). As previously stated,
this lot received a variance to allow the creation of a lot that did not comply with the
minimum lot area and side yard building setback requirements of the R-l-AAA zoning
district. The request for historic designation of the property and the restrictions imposed
on the property to limit the division of one lot to three and imposing a square footage
limitation on the oceanfront parcel (Lot 1) was supported by the property owners and
was not an arbitrary action by the City. Due to the fact that these restrictions run with
the land and not the owner, the designation and building restrictions should remain on
all three lots associated with the property.
The removal of the designation from the adjacent lot (lot 3 and a portion of Lot 2) could
hold long term implications for both the protection of the integrity of the extant historic
structures at 610 N. Ocean Blvd. and the designation status of other sites and
structures on the Local Register of Historic Places. In order to protect the integrity of the
Fontaine Fox House and its contributing outbuildings, it is recommended that lot 3 be
divided into just three additional parcels, allowing the development of these conforming
lots for the construction of just one single family home on each parcel. The fourth lot,
adjacent to the Fontaine Fox house (directly to the west of the house) should be
divided/eliminated to establish a minimum of a 50' buffer between the proposed new
lots and the historic property. The residual area of this divided lot could then be
incorporated into the three remaining proposed lots (lots 1-3). These restrictions will
allow for further development of the property and is therefore not considered an
economic hardship for the property owner. As the limitations on the property were
already in place when the current owner purchased the property, there was an
understanding of the property's development restrictions including the historic
designation from the time of purchase.
Additionally, the historic designation would remain on all three extant lots to ensure that
the design elements including the scale and massing of the new construction conform to
the Secretary of the Interior's Standards for Rehabilitation and the Delray Beach Design
Guidelines. As the proposed project protrudes onto the adjacent lot to the north
affecting the historic residence at 622 N. Ocean Blvd., it is recommended that steps be
taken to list the house at 622 N. Ocean Blvd. on the Local Register of Historic Places,
which has been attached as a condition of approval. Controlled density and design
elements for any new construction in close proximity to the historic structures on 610
and N. Ocean Blvd. would further protect the integrity of the structures and control
610 & 615 N. Ocean Boulevard, Ordinance amehdmen~
Individually Listed Property
Page 4
future development plans around the buildings. To ensure that any new construction be
designed to compliment the surrounding historic structures, a height limitation of 25' is
recommended for any structure built on proposed lots 3 and 7 (per staff
recommendation to eliminate lot 4).
In addition, to the above, it is recommended that the property owner move forward with
the filing of a Preliminary Information Site Questionnaire (PSIQ) with the Division of
Historical Resources (SHPO) in Tallahassee to ascertain the historical and architectural
integrity of the Fontaine Fox house and its outbuildings for their nomination to the
National Register of Historic Places. If the PSIQ yields positive findings towards listing
the house, a National Register nomination should then be initiated and submitted to the
National Park Service to designate the property and its contributing historic structures to
the National Register. Both designation processes are to be initiated prior to the
approval of the plat. These terms have been placed as conditions of approval.
A. Continue with direction.
Bo
Approve 2002-101-COA-CCA for the amendment to Ordinance 70-89 affecting 610
& 615 N. Ocean Blvd, the Fontaine Fox House, based upon positive findings with
respect to LDR Section 4.5.1(B) and 4.5.1(K)(2) and the Delray Beach Design
Guidelines subject to conditions.
C. Deny approval of 2002-101-COA-CCA for the amendment to Ordinance 70-89
affecting 610 & 615 N. Ocean Blvd, the Fontaine Fox House, with the basis
stated.
Approve the request to amend Ordinance #70-89 based on positive findings for the
property at 610 & 615 N. Ocean Boulevard with respect to LDR Section 4.5.1 (B), (E),
and (K), and the Design Guidelines subject to the following conditions:
1) Maintain the geographical boundaries of the historic designation (Lots 1-3 of Ocean
Apple Estates and the south 10' of lot 3 of Palm Beach Shore Acres).
2) Modify the density restriction from three to five dwelling units.
3)
Establish a minimum of a 50' buffer between the existing wall at the rear of 610 N.
Ocean Boulevard and the lot adjacent (west) approximately 140' east of the west
line of Lot 2 of Ocean Apple Estates (as shown on the attached map).
3) Restrict the height of any new construction of proposed lots 3 & 7 to 28'.
610 & 615 N. Ocean Boulevard, Ordinance amehdmen~
Individually Listed Property
Page 5
4) That the residence at 622 N. Ocean Blvd be listed in the Local Register of Historic
Places and approved by the City Commission. The designation process for local
listing is to be completed prior to the recordation of the proposed final plat.
5) That the Fontaine Fox House must be listed on the National Register of Historic
Places, unless otherwise determined by the State Historic Preservation Office. The
designation process for listing in the National Register will be initiated prior to the
approval of the plat.
Attachments: Staff Report for Historic Designation of 610 N. Ocean Blvd., Current Plat, Proposed Plat
Report Prepared by: Wendy Shay, Historic Preservation Planner
5612794331
ROB','bl MCGLOlll
721 ~ 3.d Aver,x ' O~.¢o[a p~ud~ - Od.,a~j B~ch. rJ. omd~ 33~83
~ ptx>r,= 561-276-8763 -
PAGE
O2
via FAX
RE:
Tire Commission Meeting Agen~ Item of Mamh 19, 2002
Removal d the historic de~tr~tlctt d Fo~-Font~lne Hou= ;wried by Frank McK]nney
I want to thar~ you, beforehand, for taking the time to mad this letter concerning the above agenda item.
I am spealdng as a member of the Historic Preservation Board of Delmy Beech. I am ,koea~lng as e
t~v~flm~ premident of tt~ Osoeola P~K Neighborhood AseocMtlon. Iarn apeaklng as · pemo~ who
moved k)a~l< to ~ home tow~. I am spealdng as a pemon who undemtands that you walk thM fine
VVhe~ I read the HP8 agenda item conc~mi~ the removal of ht~)flc ~ion I was outraged, If you
the minutes of that meeting you will i~e that my anew~r w~ 'No' until the laet vo~e,
A piece of property w~s pun:based with the knowledge thM it ~ hl~toftc de~ignefion Even if there Had
__been_ no knowledge, my ar~v~r Is 'caveat emptor,' Now that historic destgnatio~ is not convenient to
future purpoemm. My an,sw~ I$ 'No,' I aiiken tt to the annulment of a marriage; suddenly the children of
I do undemtand that a pr~ ~ has rights. In this Instance the owner wi~ to turn a houas with
yard Into a housing development. I'm sure large 'luxu~' houm am intende~. The aerne is being
to other propertie~ in the arM. The difference is that thta IX'Ope~ hes historic designation. This change
Wendy Shay, Hi~)~lc Pmeervatlon ~ pemon, built a solid m<xm'tme~t~ that allov~ for the u~e of
the land, though not the release of hla~orlc Oasignatio~. It also I~.ludas tl~ designaion of a neighboring
houas. Thus, this mT~all area along the oc~en ~uld I~come a tiny hia~odc preservation district. TIx)ugh
I di~Jlke the amount of r~.~ buildlng~, I rnu~ agree wtth the m~rnmendatloft that flmMly paaeed through
I fully realize ~ Deimy Beach nMd~ to grow a~l ~ogreas. I'm ~m ~ ~lm I~ ~11 ~ ~
~ ~. I'm ~ ju~ ~ ~m ~ MI ~t ~my ~ ~ ~ a ~i~ a~ a ~ ~ ~ fm t~
~ ~ hu~ y~. I~~~~~~Ml~v~~l~~
~ ~ ~. We m~ ~ ve~ ~1 to ~ ~ tll~ve '~' ~M ~ m ~1~ ~ ~.
v~~ ~ ~ ~ ~ ~ i~ ~ live in ~ ~ ~. T~ I~ ~ ~ hi~
~~ ~ ~ Is ~ ~ is ~ ~ m~ ~ ~ illu~ve '~'. I ~ ~ y~ ~
721 ~ 3ed Avenut - ~or~ ~h - Ck-b~ l~ach. ~o,.tm 33q83
]-kx.: ~honc 56~-276-8763 - (~,~( 166dk~rrg~cc.,~c
March 19, 2002
TO
Off,ce of the City C~erk
Cit7 of Dclray Beach
FROM Oaii-Lee McDermott
TEL 276-8673 Hom~
279-2552 Office
FAX 279-433 Of Sce
Commission Meeting
Agenda of Tuesday 19 March 2002
Pages Following - 5
The following concerns an agenda item for tonight's meeting. There is a letter for Mayor Schmidt
and all the Commissioners. Please make sure they are received before the meeting.
MRR 19 2002 8:40RM THE WIL$OH GROUP
THE WILSON GROUP
March 19. 2002
Mayor and City Commissioners
City of Dclray Beach
100 NW 1 s~ Avenue
Dclray Beach, Florida334~4
RE: Fontaine Fox House
610 North Ocean Boulevard
Dear Mayor and Commismoners:
It has been brought to our attention that the above referenced property has been presented
to the City for delisting of its historic designataon and re, platting. We have recently
relocated to northwest Florida and have not been involved in these discussions.
However, the historic preservation people and other interested parties have asked us to
provide some background into our intent, and our discussions with the City, back in 1989
when we listed the property
In 1984, the year we purchased the property, we investigated the possibility of
subdividing the back proper~y sometime in the future. We had some discussions with the
City and had a preliminary plat engineered for 4 lots to determine a possible development
scenario...then put it "on the shelf'.
When we purchased the property, it included a small parcel of land on the ocean with 90'
of frontage on A1A. V/e were intrigued about the possibility of building a house on that
land but were told by the City at the time that the 90' lot was non-conforming. A few
years later, the state was in discussions about moving the Coastal Construction Control
Line landward and in 1989, we were told it was imminent. By then we had moved to
Hawaii, but intended to return to our property in Delray. We had always remained
interested in re-opening discussions with the City about developing the ocean lot and
knew that we had to get serious from a time perspective because of the pending
legislation regarding coastal construction, which would have precluded any future
development of that ocean front property. Subsequently, working with the City, we
brought the lot into conformance.
At that point, we felt it important to take stock of the important property we had been
fortunate to acquire, and began working with a landscape architect, land use attorney, and
P O BOX 4891 SEASIDE FLOI~IDA 32459-4891
PHONE (g$O) 23[-9942 o PAX: (850) 2',1-9924
~R~ 19 200~ 8:~ORN THE WILSOH G~OUP (BSO) 231-~2~ ~.3
an architect well known for work in historic preservation. The house and property at 610
is truly a glimpse at old Florida. Here you have what was an early beach cottage (1935)
built out of cypress clapboard siding, both reside and out, cypress being one of the early
materials used in south Florida construction. It was designed by well known architect,
John Volk, whose arctutecture has left an imprint in Palm Beach, as well as Gulf Stream
and Dekay. His widow, Jane Volk, has just released a book on him. The house was
designed for a nationally known cartoonist, Fontaine Fox, known for his cartoon,
Toonerville Trolley, which was synchcated nationally from 1915 to t955. Mr. Fox was
one of several cartoonists who made his winter home in Delray. He and others had their
offices on the second floor of the Arcade Building. When Fox was designing the house,
the paper, (The Delray Beach News, November 2, 1934) in an article discussing Fox's
winter studio, also said
"Fox has not lirmted his creative abilities to pen and ~ media., he has constructed a beach front
house that nobody else would have dared erect While the house is commodious, modem, and
sturdy, his design gives ~t the general appearance of Toonerville's trolley starnng to sea...as it la,
the house is a focal point of interest and is worth a long, long drive to see".
The house sits on almost 2 ½ acres of land. ^s you walk through the property from
Ocean Boulevard to Andrews Avenue, you first come to a stand of very tall gumbo limbo
trees curving over from exposure to ocean breezes. As the dune drops down toward the
back of the property you realize you are in a hardwood hammock (the list of vegetation
exists at the city). It is our understanding that the Spanish River used to run through this
property before the intraeoastal was built, and remains of that can be seen after heavy
rainfall when water runs through the lower part of the lot.
It was our feeling that the property itself was the last glimpse of what Florida's
ecosystem was like from the dune Linc down to the intracoastal. It was as is said in
historic districts, the "route ensemble" like in Ne~- Orleans, or in Charleston, where the
historic districts were designated independent of whether every house in the district was
significant. It was how the area looked as a whole. The property went from the top of the
dune back to Andrews, where it connects with FIND land, which abuts the Intracoastal.
We don't believe there is any other place left in Palm Beach county where you can see
the ecosystem or topographic system still in tact such as it is at 610 Ocean Boulevard.
It was after assessing the historical significance of the house and the
ecosystem/environmental stgnificance of the property that we felt it was appropriate to
list the house and property on the local Historical Register to insure that the house and
property would be protected. We listed our property on the local register, limited the
development of the back property to one house and secured the right to build on the
oceanfront property. This was approved after many meetings with the local Historic
Preservation Board, the former Historic Palm Beach County Preservation Board (state
board), the Beach Property Owners' Association, the Historical Society, as well as to
several neighbors, all of whom were involved with this recommendation and approval.
The house and property were also eligible for listing on the National Register of Historic
Places.
We followed through with designing a house on the beach, which reflected the same
architecture as the existing house, clapboard siding, porches, shingle roofs, etc. and
brought our architect to the meetings for extensive discussions, but continued to live in
the subject property until the sale to the current owner. (Copies of this plan should be in
the C~ty files.)
We have always felt that this property to be of special significance to Delray and have
had many happy years there. It is our hope that this background will complete the record
and answer any questions as to our intentions in hsting the property m 1989.
If you have any questions, please feel free to contact us at the number below.
Respectfully yours,
J c~e ~dRod Wilson
9'8 ~66-I£~ (0~81 ~0~9 NOSgI~ 3HI N80~:8 ~00~ 6I 88N
MAR 1S 2002 8:40AM THE WILSON GROUP {850} 231-SS24 p. 1
THE WILSON GROUP
FACSIMILE TRANSMITTAL SHEET
TO' FROM:
Barbara Garito Joyce and Rxxt Wilson
CIDM~ANY DATE.
City'Clerk 03/19/02
Gty of Delray Beach
p~ NI.IM~ER: TOTAL NO, OF PAGES INCLUDING COVER:
561 243-3774 4
PHONE NUMBER 5~.NDER'5 ]~FERENCE NUMBER:
561 243-7000
RE YOUR KE FEB. ENCE NUMBER:
Pontaine Fox House
610 No/v.h Ocean Boulevant
[] URGENT [] FOR REVIEW [] PLEASE COMMENT [] PLEASE REPLY [] PLEASE RECYCLE
NOTE$/COMME NTS'
Dear Ms. Garito:
Rod and I have written this letter to the Mayar and Commissionexs exp]akl~ otlr inteUt in li~ting
former property (610 North Ocean Boulevard) on the local register. I:[ you would be so kind as to
distribute a copyto each Commissioner and Mayor, we m~uld appreciate it. We understand that this kern
will be on tomght's agenda,, so k is important they receive k before then. Thank you for your help. If you
have any questions, please feel free to call us.
Jo~:e W/is oa
THE WILSON GROUP - P,O. BOX 4~91 - SEASIDE, FLORIDA 32459-4891
PHONE: (850) 231-9942 FAX: (850) 231-9924
From Bennett Family
Fri, Mar 29, 2002
4:52 PM
Page 2 of 4
PROGRESSIVE RESIDENTS OF DELRAY
P. 0. Box 1301
DELRAY Br:AC~I, FL 33447
March 29, 2002
Dear Mayor and Commissioners:
Progressive Residents of Delray (PROD) opposes the request to amend
Ordinance 70-89 to remove historic status for a portion of the land covered
by that ordinance and to increase the number of permissible dwellings on that
land. The requested action would be inconsistent with the City's
Comprehensive Plan (COMP PLAN) and set a most unfortunate precedent with
potential impact on the future of historic preservation in the City. It would
also disrupt a carefully negotiated arrangement to the detriment of neighbors,
who were part of the negotiating process and who have relied upon the
arrangement since it was enacted into law in 1989. Finally, granting the
request would give away valuable protection of important City interests
without obtaining any significant consideration in return. In contrast, the
recommendation of the Historic Preservation Board would avoid most of these
these objections.
Objective A-4 of the Future Land Use Element of the COMP PLAN requires
that "redevelopment of land and buildings shall provide for the preservation
of historic resources." Applicant's proposal would not only directly diminish
historic resources by reducing the area subject to historic protection under
the Historic Preservation Board (HPB), but it would also undermine the
environment of the historic structure that would be left under HPB
jurisdiction. Applicant's proposal would involve a 300 per cent increase in
density over Lot 3's historic norm, it would allow development on Lot 3, which
would no longer undergo HPB screening, that could be inconsistent with the
character of the Fontaine Fox compound on Lot 2, and it would provide for a
substandard set back between that historic home and the new development.
Applicant's proposal also appears inconsistent with the Conservation
Element of the COMP PLAN. Policy B-2.1 of that Element requires submission of
a biological survey and habitat analysis with land use requests for rezonings.
Although no change in zoning designation is being sought, the Applicant has
requested that you approve a density on Lot 3 that is 400 per cent greater than
what is permitted under the existing Ordinance 70-89. Such a significant
change in the zoning applicable to Lot 3 as a result of Ordinance 70-89, is
clearly sufficient to trigger Conservation Element Policy B-2.1. (Although the
terms of that policy exclude "small parcels" from its ambit, Applicant's
planned subdivision, which, when replatted, will have seven units, cannot be