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82-93 MEMORANDUM TO: Susan A. Ruby, City Attorney FROM: Alison MacGregor Harty, City Clerk~~t SUBJECT: Ordinance No. 82-93/Designating the Property at 622 North Ocean Boulevard as Historic Site DATE: May 27, 1994 I have in my "hold" file Ordinance No. 82-93 which designates the property located at 622 North Ocean Boulevard as an historic site. This is the western lot of the Hancock Subdivision which final plat was approved by the City Commission on May 3, 1994 (Hancock Subdivision Development Order approved 5/10/94). Ordinance No. 82-93 for historic designation on the western property was approved by the City Commission on first reading on December 7, 1993. No further action has been taken on it. It has not been advertised for public hearing nor have I been asked to schedule it. It's my understanding that second reading of the ordinance was to have been scheduled when and if the subdivision plat was approved. Since I would like to close on the ordinance (either schedule for action or void it out and start over), I'd appreciate your direction on which way to proceed. Roger Saberson is the agent. At your convenience, please advise. Thanks for your help. Attachment: Ord. No. 82-93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: December 5, 1993 This is the first reading of an ordinance designating property located at 622 N. Ocean Boulvard as a local historic site. The nomination for designation as an historic site was initiated by the owners. The house was built in 1935 for cartoonist Fontaine Fox. Palm Beach Architect, John L. Volk designed the two story frame residence in the Monterey style. It contains all of its original architectural elements and is in excellent condition. Concurrently with this item, the applicant is submitting a subdivision plat of the property. The plat proposes to divide the property into two separate lots, one on the east side of A-1-A and one on the west. A non-conforming lot will be created on the east lot with respect to minimum lot size and depth. The plat is currently being reviewed and will be presented to the Commission as soon as the technical items and comments are addressed. The historic designation would apply only to the western lot which contains the house. The property owners are requesting that second reading of the ordinance be postponed until the plat is ready for consideration. They have also indicated that, if the subdivision plat is not approved, they will withdraw their request for the historic designation. The Historic Preservation Board at their November 3rd meeting recommended approval of the historic designation (west side only), based on positive findings with respect to LDR Sections 4.5.1 (B) and (C). A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 82-93 on first reading pursuant to positive findings with respect to LDR Section 4.5.1 (B). ORDINANCE NO. 82-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY LOCATED AT 622 NORTH' OCEAN BOULEVARD, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1993" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAYMANNER; PROVIDING A NON-SEVERABILITY CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Lend Development Regulations of the Code o~ Ordinances of the City o~ Delray Beech provides for the tion and protection of historic WHEREAS, the owners of the property located at 622 North Ocean Boulevard which contains a residence designed by noted South Florida architect John Volk for famed cartoonist and City of Delrey Beach resident Fonteine Fox, have nominated the property described in Exhibit "A" to be designated as a local historic site~ and, WHEREAS, the owners of the property prepare<i a designation report concerning the designation o~ the property located at 622 North Ocean Boulevard to the Local Register of Historic Places~ and, WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the property as a local historic site; and, WHEREAS, on November 3, 1993 the Historic Preservation Board of the City of Delray Beach recommended that the property described in Exhibit "A" be designated a local historic site; and, WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the property described in Exhibit "A", as · local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The property located at 622 North Ocean BoUlevard which is described ~n Exhibit "A", attached hereto and incorporated herein is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, subject to the terms of th£s Ordinance. Section 2. That the Planning Director of the City of Delray Beach, Florida, shall, upon the effective date of this Ordinance, amend the UO'd S~:~I ~6'£0 3@0 SSZ~ 8Z~ ZO~ 'ON ]BI 33I~J0 S,A3NBOIIU AII3 official Zoning Map of Delray Beach, Florida, to sho~ the historic designation, in an overlay manner. Section 3. Ngn-Sever~bllit¥. It is the intention of the City Com~lssion o£ the City o£ Delray Beach that this ordinance and each and every of its tems be considered part of a single whole and that the ordinance not be severable and that if a court of competent Jurisdiction finds that any section of this ordinance is unlawful or unenforceable the ordinance shall be unenforce- able in its entirety. Section 4. That all ordinances ar parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. Effective Date. This Ordinance shall become effective upon adoption on second and final reading. PASSED AND ADOI~ED in regular session on second and final reading on this the__day of , 1993. MAYOR A~EST ~ City cl~'~k First Reading. Second Reading 2 ORD. NO, £O'd SF:UI £6'(£0 0aO SSZ~ 8ZU iO~ 'ON ]31 33I~0 S.A3NSO±IW AII3 MICHAEL S. WEINER & ASSOCIATES, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 MICHAEL $. WEINER South Palm Beach County: (407) 265-2666 CAROLE ARONSON North Palm Beach County: (407) 736-5888 Broward County: (305) 462-493§ Telecopier: (407) 272-6831 OF COUNSEL: PETER J. MURRAY January 11, 1994 Mr. David Kov~cs 100 ~ 1st ~v~nue Delray Beth, FL 33444 Re: Hancock Subdivision I understand the ordinance involving the Hancock Subdixisio'n and~ its historical designation is being enacted in accordance with Florida State Statute 166.041. Accordingly, would you send to me a copy ~ ~he notre pursuant to Florida State Statutes Ve~-~r~l~ y~u~s,/ ~ ' ael S. ~e er MSW/alf [IT¥ DF I]ELRII¥ BEgCH DELRAY B~CH  100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33~4 · 407/243-7000 1993 The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Re: Hancock Subdivision Dear Michael: Your request for a copy of the notice pertaining to the historic designation for what is known as the Hancock House has been referred to the City Clerk for action. The notice will not be published until second hearing of the enacting ordinance is scheduled. As of this time, there is no set date for that hearing. clly' Director of Planning C: Alison Harty~ City Clerk Hancock Historic Designation, Project File Hancock Subdivision Project File DJK\HANNOTE THE EFFORT ALWAYS MATTERS MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 0RQINANCE NO. 82-93 DATE: December 5, 1993 This is the first reading of an ordinance designating property located at 622 N. Ocean Boulvard as a local historic site. The nomination for designation as an historic site was initiated by the owners. The house was built in 1935 for cartoonist Fontaine Fox. Palm Beach Architect, John L. Volk designed the two story frame residence in the Monterey style. It contains all of its original architectural elements and is in excellent condition. Concurrently with this item, the applicant is submitting a subdivision plat of the property. The plat proposes to divide the property into two separate lots, one on the east side of A-1-A and one on the west. A non-conforming lot will be created on the east lot with respect to minimum lot size and depth. The plat is currently being reviewed and will be presented to the Commission as soon as the technical items and comments are addressed. The historic designation would apply only to the western lot which contains the house. The property owners are requesting that second reading of the ordinance be postponed until the plat is ready for consideration. They have also indicated that, if the subdivision plat is not approved, they will withdraw their request for the historic designation. The Historic Preservation Board at their November 3rd meeting recommended approval of the historic designation (west side only), based on positive findings with respect to LDR Sections 4.5.1 (B) and (C). A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 82-93 on first reading pursuant to positive findings with respect to LDR Section 4.5.1 (B). ORDINANCE NO. 81-93 AN ORDINANCE OF THE CITY CONMISSION OF THI CITY OF DELRAY BEACH, FLORIDA, DESIGNA?ING THE PROPERTY LOCATED AT 622 NORTH' OCEAN BOULEVARD, AS A LOCAL HISTORIC SITE~ PROVIDING FOR THE AMENDMENT OF THE "SONING MAP OF DELRAY BEACH, FLORIDA, 1993" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER~ PROVIDING A NON-SEVERABILITY CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Dolray Beach provides for tho designa- tion and protection of historic sites7 WHEREAS, the owners of the property located at 622 North Ocean Boulevard which contains a residence designed by noted South Florida architect John Volk for famed cartoonist and City of Delray Beach resident Fontalne Fox, have nominated the property described in Exhibit "A" to be designated as a local historic site7 and, WHEREAS, the owners of the property prepared a designation report concerning the designation of the property located at 622 North Ocean Boulevard to the Local Register of Hlsto=lc Places; and, WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the property as a local historic site~ and, WHEREAS, on November 3, 1993 the Historic Preservation Board of the City of Delra¥ Beach recommended that the property described in Exhibit "A" be designated a local historic site~ and, WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the property described In Exhibit "A", as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. D~elqnatlon. The property located at 622 North Ocean BoUlevard which is described in Exhibit "A", attached hereto and incorporated herein is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, subject to the terms of this Ordinance. Section 2. That the Planning Director of the City of Delray Beach, Florida, shall, upon the effective date of this Ordinance, amend the JO'a SV:JI £6'£0 oao SSZV 8Z5 ZOV 'ON q3£ 331330 S,ASN~OIIU Ails official Zoning Map of Delra¥ Beach, Florida, to shme the historic designation, in an overlay manner. ~. Non-Seve~abllit¥. Beach that this ordinance and each and every of its terms be considered part of a single whole and that the ordinance not be severable and that if a court of competent Jurisdiction finds that any section of this ordinance is unlawful or unenforceable the o~dinance shall be unenforce- Section 4. ?hat all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section §. Effective Date. ~his Ordinance shall become effective upon adoption on second and final reading. PASSED AND ADOI~I~D in regular session on second and final reading on this the day of , 1993. MAYOR ATTEST t city First Reading Second Reading 2 OIU). NO. £O'.a SF:U~ £6,'[0 3a~ SS&~ 8ZU ZOF 'ON qal 33IJ~0 S,X~NSO±±U Ali3