Ord 28-02ORDINANCE NO. 28-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DE1.RAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 70-89 BY AMENDING SECTION 2,
"REQUIREMENT OF DESIGNATION" TO INCREASE
THE MAXIMUM FLOOR AREA FROM 2,400 SQUARE
FEET TO 2,650 SQUARE FEET FOR THE DWRI.LING
UNIT WHICH LIES EAST OF STATE ROAD A-1-A (615 N.
OCEAN BOULEVARD); PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was passed and adopted in regular session on second and
final reading on October 24, 1989; and
WHEREAS, on June 19, 2002, the Historic Preservation Board of the City of Delray Beach
recommended 7 to 0 that Ordinance 70-89 be amended to increase the maximum floor area for the
property which lies east of State Road A-1-A (615 N. Ocean Boulevard) from 2,400 square feet to
2,650 square feet for the enclosure of a 250 square foot porch.
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 70-89 be amended
to read as follows:
Section 2. Requirements of Designation.
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 three (3) dwelling units shall be used and developed within the
boundaries of the Fontaine Fox Historic 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 v,~-c. '~c.-.--:and and
.....~c .... ...,~.,~....~-"-a_Aa x",t'~ a nm,..w two thousand six hundred fifty (2.650~. . square feet of gross floor area.
Section 2. That all ordinances or pans of ordinances in express conflict herewith be, and the
same ate hereby repealed, provided, however, all other terms and provisions of Ordinance No. 70-
89 shall remain in full force and effect.
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
derision shall not affect the validity of the remainder hereof as a whole or pan thereof other than
the part declared to be invalid.
Section 4. That this ordinance shall become effective mediately upon passage on second
and final reading.
PASSED ~j~I'ql~ ADOPTED in regular
day of _._~/' ,2002.
session on second and final reading on this the
Second Rea~"~
MAYOR
2 ORD. NO. 28-02
lO0
ANNOUNCEMENTS
LEGAL NOT.ES
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~)--~) - REGULAR MEETING JULY 16, 2002
ORDINANCE NO. 28-02 (AMENDING ORDINANCE NO. 70-89)
DATE: JULY 12, 2002
This is second reading and a public hearing for Ordinance No. 28-02 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
0) (lying east of A1A) Block E, of the plat of Palm Beach Shore Acres. 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. LOt one (1) located on the east side of Ocean Boulevard contains a 2,400 square
foot home.
The proposal is to amend Section 2, "Requirements of Designation" of Ordinance No. 70-89 to
increase the square footage of the building from the maximum 2,400 square feet of gross floor area to
2,650 square feet of gross floor area to allow the enclosure of a 250 square foot porch.
The Historic Preservation Board considered the request at a public heating on June 19, 2002, and
voted unanimously (7-0) to recommend approval. At first reading on July 2, 2002, the City
Commission passed Ordinance No. 28-02 by unanimous vote.
Recommend approval of Ordinance No. 28-02 on second and final reading.
S:\Czty Cletk\chevelle foldex\agenda memos\Ord.28 OZ07.16.02 amenchng Ord 70-89doc
TO:
THROUGH:
".~'~-,~F ROM:
SUBJECT:
D/~~R~'r~'. MANAGER
PAUL DORLING, DI~CTOR OF PLANNING AND ZONING
WENDY SHAY, HISTORIC PRESERVATION PLANNER
MEETING OF JULY 2, 2002
REQUEST FOR AN AMENDMENT TO ORDINANCE 70-89 TO ENCLOSE A 250 SQ.
FT. BALCONY INVOLVING A PARCEL OF LAND LOCATED AT 610 & 615 NORTH
OCEAN BOULEVARD~ APPROXIMATELY 900' SOUTH OF GEORGE BUSH
BOULEVARD BE'i'WEEN 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. The properties are located approximately 900' south of George Bush
Boulevard between Andrews Avenue and the Atlantic Ocean. Lot 1 is on the east side of Ocean Blvd.
(615 N. Ocean Blvd.) while lots 2 and 3 are on the west side of Ocean BIvd (610 N. Ocean Blvd.),
between N. Ocean Boulevard and Andrews Avenue. The lot on the east side of North Ocean
Boulevard, (Lot 1) contains a modern 2,400 square foot home, which was constructed in 1992.
The Historic Preservation Board recommended approval of Ordinance 70-89 (Fontaine Fox historic
designation) to the City Commission on September 20, 1989 with the stipulations that on Lot 1, the
oceanfront lot, one dwelling unit of no more than 2,400 square feet could be built and that the entire
Fontaine Fox site 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 for 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 Historic Preservation Board recommended approval of the amendment to the City
Commission at its meeting on October 27, 1992. The amendment request was denied by the City
Commission during its meeting on October 27, 1992. The Commission felt that the increase of 850 sq.
ft. was not appropriate due to the alteration of the footprint's impact on the surrounding properties.
On June 19, 2002, the Historic Preservation Board considered the current request and unanimously
recommended approval (7-0) to the City Commission to increase the square footage of the building
from 2,400 sq. ff. to 2,650 sq. ft. There was no public comment regarding this project. Two letters of
support by owners of neighboring property were read into record.
The 250 sq. ft. balcony enclosure will include the demolition of the northeast corner wall on the first
floor on the seaward side and the removal of the existing sliding glass doors. The enclosure will be
completed with the construction of new walls and the installation of impact resistant windows and
City Commission Documentation
Meeting of July 2, 2002
Fontaine Fox Historic Property
Page 2
glass doors to match the extant fenestration. Sidelights will also be added to the doors of the first floor
master bedroom. The first floor window (at the bathroom) will be relocated from the west elevation to
the north.
As there is no change to the building's footprint and the increase in square footage does not
detrimentally affect the historic structure on the west side of North Ocean Boulevard, staff supports
the Board's recommendation to amend Ordinance 70-89 to increase the gross floor area from 2,400
sq. ft. to 2,650 sq. ft.
Approve Ordinance 28-02.
ORDINANCE NO. 28-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 70-89 BY AMENDING SECTION 2,
"REQUIREMENT OF DESIGNATION" TO INCREASE
THE MAXIMUM FLOOR AREA FROM 2,400 SQUARE
FEET TO 2,650 SQUARE FEET FOR THE DWEI~LING
UNIT WHICH LIES EAST OF STATE ROAD A-1-A (615 N.
OCEAN BOULEVARD); PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was passed and adopted in regular session on second and
final reading on October 24, 1989; and
WHEREAS, on June 19, 2002, the Historic Preservation Board of the City of De[ray Beach
recommended 7 to 0 that Ordinance 70-89 be amended to increase the maximum floor area for the
property which lies east of State Road A-1-A (615 N. Ocean Boulevard) from 2,400 square feet to
2,650 square feet for the enclosure of a 250 square foot porch.
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 70-89 be amended
to read as follows:
Section 2. Requirements of Designation.
Notwithstanding any provision of the City Code of the City of De[ray 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 three 0) dwelling units shall be used and developed within the
boundaries of the Fontaine Fox Historic 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 ~.-c. *~u.c.-.:aand and
........... t", 'vw two thousand six hundred fifty (2,650) square feet of gross floor area.
Section 2. That all ordinances or parts of ordinances in express conflict herewith be, and the
same are hereby repealed, provided, however, all other terms and provisions of Ordinance No. 70-
89 shall remain in full force and effect.
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 this ordinance shall become effective mediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 2002.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2 ORD. NO. 28-02
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PLANNING & ZONINGDEPARTMENT
SUBJECT PROPERTY
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BOUNDARY OF THE FONTAINE FOX HOUSE HISTORIC SITE - ·
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