53-92 FAILED ON SECOND AND FINAL READING - 10/27/92
ORDINANCE NO. 53-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2,
REQUIREMENTS OF DESIGNATION, PARAGRAPH 2 OF ORDINANCE
NO. 70-89, TO PROVIDE FOR A CHANGE IN THE GROSS FLOOR
AREA FOR THE PROPERTY KNOWN AS THE FONTAINE FOX HOUSE
LOCATED AT 610 N. OCEAN BOULEVARD; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach
unanimously approved Ordinance No. 70-89 on October 24, 1989; and,
WHEREAS, in June, 1992, a request was received to amend
Ordinance No. 70-89 to allow an 850 square foot addition to the gross
floor area of the Fontaine Fox House, resulting in a dwelling with a
total of 3,250 gross square feet; and,
WHEREAS, on September 16, 1992, the Historic Preservation Board
conducted a public hearing on the proposal to change the gross floor
area from two thousand four hundred (2,400) square feet to three
thousand two hundred and fifty (3,250) square feet; and,
WHEREAS, the Historic Preservation Board voted to recommend to
the City Commission that Ordinance No. 70-89 be amended,
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,
Paragraph 2 of Ordinance No. 70-89 of the City of Delray Beach, Florida,
passed and adopted on October 24, 1989, be, and the same is hereby
amended to read as follows:
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 ~W~/~~//~/f~/~//~Z~
three thousand two hundred and fifty (3,250) square feet of
gross floor area.
Section 2. That all ordinances or parts of 'ordinances in
conflict herewith be, and the same are hereby repealed.
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
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of 1992.
MAYOR
ATTEST:
City Clerk
First Reading October 13, 1992
Second Reading
FAILED ON SECOND AND FINAL I~ADING - 10/27/92
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM $ /'~ ~ - MEETING OF OCTOBER ~70 2992
ORDINANCE NO. 53-92
DATE: OCTOBER 23, 1992
This is the second reading of an ordinance amending Ordinance No.
70-89 to provide that 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 3,250 square feet of gross floor
area.
Ordinance No. 70-89 designated the Fontaine Fox House as an Historic
Site and placed it on the Register of Historic Places. The site
consists of three lots. The western lot is vacant and faces Andrews
Avenue. The center lot contains a historic single family dwelling and
three guest cottages and is located on the west side of A1A. An
eastern lot, also located east of A1A, is vacant. In June 1990, the
Historic Preservation Board (HPB) approved plans for a 2,400 square
foot dwelling to be constructed on the beach lot. Subsequently, the
property was sold and the new owner requested an amendment to
Ordinance No. 70-89 to allow an 850 square foot addition to the gross
floor area, using the footprint of the originally approved site plan.
On October 13, 1992, at first reading of the ordinance, Commissioner
Andrews requested information pertaining to property north of the Fox
House site. Attached is a memorandum in response to that request.
The HPB conducted a preliminary evaluation to determine the effect
the proposed amendment would have on the Historic Designation Report
and found that the amendment conformed, with the exception of floor
area, density and height. The HPB also concluded that the amendment
would not negatively effect the historic house to the west of A1A, or
the historic site as a whole. A public hearing was conducted on
September 16, 1992 at which several members of the public spoke in
opposition to the amendment. The Historic Preservation Board
recommended approval of the amendment by a 5-2 vote (Pat Healy-Golembe
and James Miller dissenting).
Recommend approval of Ordinance No. 53-92 on second and final
reading.
MEMORANDUM
DATE: OCTOBER 21, 1992
TO: ALISON MACGREGOR HARTY, CITY CLERK
FROM: PAT CAYCE~~
SUBJECT: INFORMATION REQUESTED BY COMMISSIONER ANDREWS RE:
ORDINANCE 53-92 FOR CITY COMMISSION MEETING,
OCTOBER 27, 1992.
The property located 2 lots north of the beach lot on the
Fontaine Fox Historic Site is owned by Jack Eichelberger.
The address of the property is 701 N. Ocean Blvd. The
building was permitted in 1990 but is still under
construction. It is a single family residence and contains a
total of 7~404.5 square feet.
Phone if you need any additional information, 7284.
ORDINANCE NO. 53-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2,
REQUIREMENTS OF DESIGNATION, PARAGRAPH 2 OF ORDINANCE
NO. 70-89, TO PROVIDE FOR A CHANGE IN THE GROSS FLOOR
AREA FOR THE PROPERTY KNOWN AS THE FONTAINE FOX HOUSE
LOCATED AT 610 N. OCEAN BOULEVARD; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach
unanimously approved Ordinance No. 70-89 on October 24, 1989; and,
WHEREAS, in June, 1992, a request was received to amend
Ordinance No. 70-89 to allow an 850 square foot addition to the gross
floor area of the Fontaine Fox House, resulting in a dwelling with a
total of 3,250 gross square feet; and,
WHEREAS, on September 16, 1992, the Historic Preservation Board
conducted a public hearing on the proposal to change the gross floor
area from two thousand four hundred (2,400) square feet to three
thousand two hundred and fifty (3,250) square feet; and,
WHEREAS, the Historic Preservation Board voted to recommend to
the City Commission that Ordinance No. 70-89 be amended,
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,
Paragraph 2 of Ordinance No. 70-89 of the City of Delray Beach, Florida,
passed and adopted on October 24, 1989, be, and the same is hereby
amended to read as follows:
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 ~/~~//~/£~/~//~
three thousand two hundred and fifty (3,250) square feet of
gross floor area.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
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
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
CITY COMM I S S I ON DOCUMENTAT I ON
TO: /~VID T. HARDEN, CITY MANAGER
THRU: DAVID J. KOVACS, DIRECTOR~
DEPARTMENT OF PLANNING AND ZONING
FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER
SUBJECT: MEETING OF OCTOBER 13, 1992
AMENDMENT TO ORDINANCE NO. 70-89
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is to amend Section
2, Paragraph 2 of Ordinance No. 70-89.
BACKGROUND:
Ordinance 70-89, which is attached, designated the Fontaine Fox
Historic Site to the Local Register of Historic Places. The site
consists of 3 lots: the western lot faces Andrews Avenue and is
vacant; the center lot, located on the west side of AIA,
contains an historic single family dwelling and 3 guest
cottages; the eastern lot is located on the east side of AIA.
The street address for the Fontaine Fox Historic Site is 610 N.
Ocean Boulevard.
Section 2, paragraph (2) of the Ordinance states that "no
dwelling unit used or developed east of State Road A-I-A
( the eastern lot) shall contain more than 2400 square feet
of gross floor area".
June 18, 1990: The Historic Preservation Board approved plans
for a 2400 square foot dwelling to be constructed on the beach
lot by the owners, Joyce and Roderick Wilson. Before
construction commenced, the lot and approved plans were sold to
Mr. Salah Sawaya.
December 18, 1991: Mr. Sawaya obtained a COA to redesign the
exterior of the proposed residence while retaining the
previously approved footprint and the maximum 2400 square feet
of gross total floor area.
June of 1992,: David Martin, authorized agent for Salah Sawaya,
requested an amendment to Ordinance NO. 70-89 to allow an 850
square foot addition to the gross floor area, resulting in a
dwelling with a total of 3,250 gross square feet. The bullding's
footprint on the originally approved site plan will remain
qty Commission Documentation
uest to amend Ordinance No. 70-89.
P~e 2
unch' n ed.
August~\5~, 1992: The HPB conducted a preliminary evalu~n to
determi~ ~he effect the amendment would hav~ on the ~ighation
Report, 6.~"~which Ordinance 70-89 is based. The ~reliminary
evaluation <~evealed that the amendment confo~ed' to the
Designation ~eport, with one exception, pursu~nt~'~to Section
4.5.1(C)(3)(b~of the LDRs which pertains to fl~oN area, density
and height. Thg-HPB was also of the opinion ~at the amendment
would not negat~¥e!y effect the historic ho~M'e to the west of
A-I-A, or the historic site as a whole~'~'The applicant was
advised to proceed~,,,,,with a Public Hearin~~ Pursuant to Section
2.4.2(B)(1)(b) a no~iue was sent to p~perty owners within a
500' radius and '~w~i~' published i~/ {he Delray News on
September 16, 1992: The .H,P~ conducted a Public Hearing to gain
input regarding the prop°S~d,,amendment. There were no comments
in favor of the amendment',',, Mr, John Washburn, contractor for
Mr. Jack Eichelberger, spok~,ainst the amendment. Mr & Mrs
Eichelberger are constructing'%9'=esidence on the second lot to
the north of the subject,~grgper,%yh~ A letter of opposition from
Mr. Eichelberger was read ~nto th%' ~cord, and is attached.
The Historic PreservatiOn Board recommend to the City
Commission that Ordlnance No. 70-89 amended. The vote was
5-2, Pat Healy-Go!e~ and James Mille~, ~senting..
RECOMMENDED ACTION:
Amend Sect~Oh /9~'~ ~ Paragraph 2 of Ordinanc~,~ 70-89, to allow
a residence ~Ith a total of 3,250 gross s~ .~ feet of floor
area to be/~onstructed, within the approved , o~print, on the
lot east'o~ State Road A-I-A which is located W~ ~h~ the locally
de~~ Fontaine Fox Historic Site.
> achments: Ordinance No. 70-89
/ Designation Report; Fontaine Fox Historic
Letter from Jack Eichelberber, September 15,
City Commission Documentation
Request to amend Ordinance No. 70-89.
Page 2
unchanged.
August 5, 1992: The HPB conducted a preliminary evaluation to
determine the effect the amendment would have on the Designation
Report, on which Ordinance 70-89 is based. The preliminary
evaluation revealed that the amendment conformed to the
Designation Report, with one exception, pursuant to Section
4.5.1(C)(3)(b) of the LDRs which pertains to floor area, density
and height. The HPB was also of the opinion that the amendment
would not negatively effect the historic house to the west of
A-I-A, or the historic site as a whole. The applicant was
advised to proceed with a Public Hearing. Pursuant to Section
2.4.2(B)(1)(b) a notice was sent to property owners within a
500' radius and was published in the Delray News on
September 5, 1992.
September 16, 1992: The HPB conducted a Public Hearing to gain
input regarding the proposed amendment. There were no comments
in favor of the amendment. Mr. John Washburn, contractor for
Mr. Jack Eichelberger, spoke against the amendment. Mr & Mrs
Eichelberger are constructing a residence on the second lot to
the north of the subject property. A letter of opposition from
Mr. Eichelberger was read into the record, and is attached.
The Historic Preservation Board voted to recommend to the City
Commission that Ordinance No. 70-89 be amended. The vote was
5-2, Pat Healy-Golembe and James Miller dissenting..
RECOMMENDED ACTION:
Amend Section 2, Paragraph 2 of Ordinance No. 70-89, to allow
a residence with a total of 3,250 gross square feet of floor
area to be constructed, within the approved footprint, on the
lot east of State Road A-I-A which is located within the locally
designated Fontaine Fox Historic Site.
Attachments: Ordinance No. 70-89
Designation Report; Fontaine Fox Historic Site
Letter from Jack Eichelberber, September 15, 1992
01/08/14 05:15
P.
Historic Preservation Board
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
RE, PROPOSP. D ADDITIONAL VARIANCE REOUEST OF ~T
~E~ APPLE 'ESTATE~, ~NTAINE ~X HIS~RIC SITE
TO WHOM IT MAY CONCERN~
To allow another variance o~ the above captioned
ia iud fc tau ~.
The underelgned attorney and hii wife purchased the
property that ~ies two lots north of subject property in
the 1970'a. We bought our property with absolute a~surance
that the ewe pieces of property to the south of us were
unbuildeble lots and therefore there wm~ld be no dwellings
between o~ lend ~d the public beach.
Then to our compIete au~r~se the southe~ most
was granted a variance to build a 2400 square feet house
on %he ~ret ~o~ north of the Public ~eaeh on the east
of 8ta~e Road A-lA.
we were never info.ed et an~ t~e of any hearing
preceding concerning that 2400 s~are foot decision, We
heard recently that that decision involved some limit~g of
housing lot~ west of A-1-A in the rOntaine POx ~istortc Site,
It should be noted besides ~he 2400 square foot grant
on "the non buildable lot" a variation from the side
set back re~izementa was also allowed ~o the effect aZ
el~nating the twelve foot set ba~k requirements and tn its
place in~titutlng conat~ctlon allowance of a d~gle
detached dwelling within five feet of the south property ~tne
and w~thin five feet of the north property line.
As i~ that fa not enough for ~e owners o~ Lot 1 to
receive on that day (October 29, 1989),theg also obtained
another variance--TO WITz the waiver of the 80 f~t right-'
of-way retirement for State Road
(next page. please)
01/08/14 05:16 P. 2
Pa~e two Historic preservation Board September 11~ 1992
Now the Owners of Lot 1 want more. They now want to
increase their 2400 ~quare feet by over 33% or 850 square
feet. This would make a total of 3,250 square feat and more
important it would add the square footage to fo~m a secon~
floor. This would make the dwelling a full residence instead
of a "beach house".
We are currently building a home at 701 N. Ocean Boule-
vard whiqh is as previously noted two lots north 0£ Lot
We have spent a lot o~ money designing our house specifically
believing that we had two unbuildable lots to the South. We
had our architect design plans to t~at effect with certain
rooms facing south. Now not only has the city of Delray allowed
a 2400 square foot dwelling but now are being asked to 9rant
another 850 square feet to build a second floor. It is Just
not fair.
We could have really used a variance of five' feet on
both north and ~outh side yard ~et backs on our house but we
figured that these zoning requirements were set in concrete
by the City of Delray.
Is the next request ~oing to be a variance on the
~ulldable" ~ot right next to us and to the north of Lot
In conclusion, we strongly oppose any variance as there
is no necessity and it would be detrim~ntal to us in that
second floor or additional square footage would defeat the
plans we made in ~ood faith.
To say that there is no necessity for a variance, we
have not really thoroughly checked into the trade-offs on the
first three variance~ of October 29, 1989 but we know there
is no trade-off or benefit to the city or the historic district
to allow thi~ new request.
We also question the reason for a Historic District if
variances san be granted at any time. We would also pOiBt out
that any variance ~ranted would open the door for a myriad of
additional variance requests. These variances must stop now.
I do wish to emphasize that I h~v~ ~oeived complete co-op-
eration and courteous treatment in a professional way from
Pat Cayce, Delray Beach's ~istorical preservation Planner.
Sincerely,
~-'A~torney at haw
JWE~de
NO.
.:1~ O?_~I.N.~NCE OF THE CITY .'CM~ISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, DESIGNATING THE PRO PF.RTY
~=gOWN AS THE FONTAINE FOX HOUSE LOCATED AT 610 N.
OCF. AN BOULEVARD, 'WHICH IS MORE FULLY DESCRIBED IN
EX~I~IT 1 TO THIS ORDINANCE, AS A LOCAL H'.STORIC
~IT~; PROVIDING FOR CF. RTAIN REQUIRES OF DESIGI~A-
TION; PROVIDING FOR T~ AMF. NDM~ OF THE "ZONING ~
OF DELI~AY BE~CM, F~ORIDA, 198~" TO SHOW, IN AN
OVERLAY MANNER SAID DESIGNATION; PROVIDING A NON-
SEVER3%BILITY CLAUSE; PROVIDING A~ EFFECTIVE DATE;
.~ND PROVIDING FOR A SUNSET PROV/SION.
WHEREkS, Chapter 174 of the City of Code of the City of Delray
Beach provides for the designation and protection of historic sites;
WHEREAS, the owners of the Fontaine Fox House, a home designed
~.y noted South Florida architect John Yolk for famed cartoonist and City
of De]ray Beach resident Fontaine Fox, have nominated the Foataine Fox
House to be designated as an historic site if certain variances and
waivers can be obtained from the City of Delray Beach.
WHEP~EAS, the Historic Preservation Board of the City of Delray
Beach prepared a designation report for the designation of Fontaine Fox
House as an historic site and hel(~ a duly noticed public hearing In
regard to the designation of the property as an historic site at which
no member, of the public spoke in opposition to the designation of the
property as an historic site; and,
W~EREAS, the Historic Preservatio~ Board of the City of Delray
Beach has recommended that on September ~0, 1989 that the Fqntaine Fox
House be designated an historic site subject to certain variances and
waivers propo.~ed by the owner/applicant in the nomination/designation
report; and
WHEREAS, the City Con~mission of the City of Delray Beach has
conducted a duly noticed public hearing in regard to the designation of
the Fontaine Fox House as an historic site.
NOW, ~ORE, BE IT ORDAI.Nq~D BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Designation.
The Fontaine Fo~ House is located at ~10 N. Ocean which is
legally described on the survey which is attached and incorporated into
this Ordinance as Exhibit 1 and is hereby designated as the Fontaine Fox
Historic Site in accordance with and under the provisions of Chapter 174
of the City Code of the City of Delray Beach, subject to the terms of
this Ordinance.
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 tha~ three [3) dwelling units shall be used and
developed within the boundaries of the Fontaine Fox Historic Site;
2) no awe]ling unit used or developed on that portion of the
Fon~atne Fox Historic Site which lies east of State Road A-1-A
shall contain more than two thousand and four hundxed { 2,400)
square feet of gross floor area.
~ec~lon ]. ,'1~a~ the ~mnn!ng Director of the ~lt~ o! De,ray
Beach, £1o~ida, shall, upon the ef~ective date of this orOlnance, amenc
the coning map o~ Delray Beach, P]orida, to shew. in an overlay manner.
the above designation.
Section 4. 3everability.
It [$ the intention of the City Co~ission of the City of
Delray Beach that this OIdinance ~nd each every of its termz be con-
sidered a part of a single whole and that the Ordinance not be severable
and that if a court of competent jurisd/ctioB finds that any sectian
this Ordinance is unlawful or unenforceable the Ordinance shall be
unenforceable in its entirety.
Section 5. Effective Date.
This Ordinance shall become effective upon adoption on second
~nd final reading.
Section 6. Sunset Provision.
This Ordinance shall expire an~ be of no further legal force
and effect sixty ~60) days after its effective date unless the
owner/applicant of the Fon=aine Fox Historic Site has obtained the
following variances and necessary waivers:
1. A variation from the minimum lot area requirements of the
~-]-AAA zoning district to allow the construction of a
single family detached dwelling on that portion o~ the
Fontaine Fox Historic $1~e that lies east of State Road
A-l-A; and
2. a variation from the side yard setbac~ requirements of
th~ R-I-AAA zoning district to allow the construction of
a single family detached dwelling withiD five
~he north proper~y line and five (5) feet of the south
property line of that portion o! the Fontaine Fox
Historic Site which lies east of State Road A-I-A.
waiver of the 8~ foot right-of-way requirement for State
Road A-1-A within the boundaries of the Fontaine Fox
Historic Site and the establishment of a 60 foot
right-of-way requirement for the purposes of any
municipal permit or development order.
PASSED k~P ADOPTED in regular session on second and final
reading nn this the ,24thday of October ~ , ~989.
MAYOR
Al~f E ST:
?irc: Reading October 10, 1989 Jeffrey $. Kurtz, C~ty Attorney
][~ N.W. ]st Avenue
Second Reading,october 24~ 1989 De]r,y Beach, FL
ORD. NO. 70-89
DESIGNATION REPORT'
Fox House
(a.k.a. Ocean Apple Esta. tes)
610 N. Ocean Boulevard"
....... DESI~NATIONREPORT . - : ·
ouSE -
Fox, . ., :
~ ' / ' ~ '.- q ...... . ~ ,. .... -, . . J'
aka "OCEAN: APPLE ESTATEte, - -., -- n ~ :.
610
N.
I. PURPOSE
The purpose of deslgna~i, ng-~he.:Fox~Ho~se,~6[~LN~Ocea~_.Bo~lev~d, .....
to the Delray Beach Locall Register of Historic Place~-[s-to
preserve the architectural and cultural significance of one of the
City's most distinctive private residentia~ 9ceanfront estates,
which is popularly known as the "Ocean Apple Estate" (hereinafter
the "Subject Property"). A .nomination for designation has been
filed and considered by the Board (See Exhibit A) and a public
hearing held pursuant to Chapter 174 of the City of Delray Beach
Zoning Code.
II. LOCATION
The Subject Property is located at 610 N. Ocean Boulevard Delray
Beach. It is 2.5 acres more or less and is comprised of land on
the oceanward and landward sides of State Road A-1-A. The Subject
Property extends from the Atlantic Ocean to Andrews Boulevard. The
legal description of the Subject Property is described in Exhibit
III. HISTORICAL AND ARCHITECTURAL SIGNIFICANCE
The house is significant because of its architectural style, the
man who first owned the Property and the man who designed the
improvements. The house was originally constructed for and owned
by Fontaine Fox, a world-famous cartoonist. Designed by John Volk,
it represents one of a few remaining. "beach" cottages reflecting
the-Cape Cod bungalow style typical of ~ouses built on North Ocean
Boulevard from Delray/Gulfstream to Hanalapan.
The Owner: Fontaine Fox
In 1933, Fontaine Fox began purchasing the land for what would be
known as 610 North Ocean Boulevard. By 19~4, he owned all of lots
1, 2, 3, 4 and the north half of lot 5 of Palm Beach Shore Acres.
The house itself is located on lot 3 and the north half of lot 4.
Fontaine Fox commissioned John Volk, a personal friend, to design
a house on North Ocean Boulevard.
Fox, a cartoonist of both national and international acclaim,
was best known for.his cartoon "Toonerville Trolley". Launched in
1916, the cartoon was syndicated throughout' the world, appearing
in several languages. - ..... .:~ ..:- _ ..
1
....... Born in 1884 in Louisville,'-Kentucky,~.FOx began-:his~career--as
a cartoonist in grammar school,'continuing throughout high school
when he began working at the Louisville. Herald as a reporter and
cartoonist. After two years of study at'the Uni~t'sit~'of'-Indiana,
where he studied and drew cartoons part-time, ~h~ ~returned. to
Kentucky to work at the Louisville Times until the Chicago Post
gave him national recognition and distribution .in 1915. Much of
the small town subject'matter for his cartoons cam~-from people he
knew in then suburban/rural Louisville. He moved to Delray in
.......... 1931, after having visited there in the 1920's. Fox, in coming to
Delray, joined a number of well known artists and writers who --
by making Delray their home -- created an artists and writers
colony. These people included the cartoonist Herb' Roth (whose
cartoons reflected_life in Delray), Wood Cowan, writers Hugh McNair
Kahler, Clarence Buddington Kelland, Nina Wilcox Putnam (whose
articles published in ~ood HQusekeeDin~ magazine were illustrated
by another Delray resident Anita Brown) and poet Edna St. Vincent
Millay.
Fox made his studio on the second floor of the Arcade Tap
Room, the hub of winter activity in the town of Delray. He
ultimately built two homes on North Ocean Boulevard. He was an
accomplished golfer and the author of several books and articles,
including a series which ran in many papers which3was based on his
narrow escape in 1939 from war-torn Europe. During the war he was
a member of the Division of Pictorial Publicity.
In 1951, Fontaine Fox sold the house at 610 North Ocean
Boulevard to Alfred and Anne C. Hart. (Alfred died in 1958, and
Anne C. Hart ultimately became Anne Hart Mott of the Mott
Applesauce family.) Fox formally retired in 1954 and died at his
home in Greenwich, Connecticut in 1964. The Delray Beach
Historical Society recently honored him at an exhibit'shown at the
"Cason Cottage" Museum.
The Architect~ John Vol~
In the late 1930's, Fontaine Fox, having had a long-term
friendship with John Yolk, commissioned him to design the house at
610 North Ocean Boulevard. yolk was also the architect of Fox's
home just north of 610, as well as several others located in the
immediate Delray/Gulfstream area including Ocean Boulevard,
Seabreeze, and Palm Trail.
Born in 1901 in Austria, Volk'came to the United States when
he was nine years old. He was a student at Columbia University
School of Architecture as well as the world renowned Ecole des
Beaux Arts in Paris. Yolk continued to design homes until his
death in 1984.
John Yolk arrkved in Palm-Beach in 192g while Addison Mizner
was building Spanish and Mediterranean style mansions for wealthy
2
families. A prolific architect, he designed ovpr:._l,.@0p _houses, .
theatres, and buildihgs-all-bv~'the-~l~'~SO~'rSf'~the"w~rld'~
most powerful and wealthy people commissioned him-to design their,~'
homes, including William ~paIey, George Vand~rbilt,~.Henry Ford
Herbert Pulitzer, H?r:ace D°dge'II, and'Johh ~hipps? : ::' ".'
Volk has often been called the last of the original Palm Beach
architects which included Addison Mizner, Maurice Fatio, and Marion
Sims Wyeth. In 1926, he formed a partnership with Gustav Maas
which lasted almost ten years.
Volk's homes, which number several hundred'sCattered along the
coast, covered a broad range of designs from Spanish and Italian
motifs to Normandy, Bermuda, Regent, Classical Oriental, bungalow,
and what he called British Colonial. Known to have "broken the
excesses" of the Mediterranean style after the Depression, Volk
began designing British Colonial houses that could be built for
forty-five cents a square foot versus two dollars per square foot
for the Spanish mansions. He related in an article in
Architectural Digest in 1972, "when the market crashed and the
Depression followed, there wasn't a client in sight who wanted to
build the elaborate Spanish house. Everyone was broke. Those who
weren't, didn't want to make a show of their money." It was during
this period that the houses along North Ocean Boulevard were
designed.
Volk designed some of the most prominent buildings in the
area, including the First National Bank building in Palm Beach, the
Royal Poinciana Plaza and Playhouse (which opened in 1~50, becoming
the first new professional theatre to be~bUilt--ih the United Stat~s
since the Ethel Barrymore and the Adelphi Theatres opened their
doors in 1928), the galleries and theatre fo~ the Society of the
Four Arts, part of the Town Hall of Palm-Beach, the Beach Club,
Phipps Oenza, and Good Samaritan Hospital. In later years, he
designed Paradise Island and was involved in early development of
planned golf course communities such as Port Royale in Naples and
Old Port Cove in North Palm Beach.
· During the Mott family's ownership, the southerly portions of
the land seaward of State Road A-1-A wer~ conveyed to the City of
Delray Beach in support of a beach stabilization and renourishment
program. Recently the City Commission of the City of Delray Beach
voted to convey ten feet along the southerly border of the Subject
Property east of State Road A-1-A back to the current property
owner as a part of' the property owner's proposal to plat a
buildable lot on the east side of State Road A-1-A.
IV. PRESENT USE~ CONDITION AND MONIN~
A. Present Us~
3
The Subject Property"is~tmprored with'a'two badrodm principal
residence, garage, swimming pool' and three small guest cottages.
The improvements were designed by renowned architect John Volk and
was originally constructed in'19'34. The':imp~ovements'to the'-Subjeut--.:
Property have been renovated".in'accordahce with the'architectural
theme and character of the original-.design of the ~rincipal
residence and the other improvements'.'
B. ,Condition
The structure is in very good condition. ~ -'
C. Zoning
The current zoning of the Subject Property is R-l-AA. The
Nomination submitted by the owner is subject to proposed
conditional zoning regulations.
V. IMPACT
This designation is being made at the request of the owner of the
Subject Property.
VI. RESOLUTION
The Historic Preservation Board of the City of Delray Beach hereby
finds and determines as follows:
A. The Nomination for designation:~of the Fox HoUse as an
historic site is appr*opriate and conforms with the standards
and criteria of Chapter 174: Historic PreservatioD of the
city of Delray Beach Code.
B. The Subject Property is appropriate for designation as an
historic site because:
1) The Subject Property is associated with the life or
activities of a person of major importance to city,
regional and national history in that the Subject
Property served as a residence of famed cartoonist
Fontaine Fox, a notable person in the history of the City
of Delray Beach and the country. The Subject Property
also served as a residence for the Mott family of
applesauce fame;
2) The Subject Property exemplifies the social and
historical trends of the community in that the principal
residence represents a lifestyle, quality of life and
architectural character that once typified seasonal
living in South Florida;
..... 3) The principal residence on .the SubJect~ Property. has
architectural and a~sthetic Significance in tha$: .
a) The building portrays the materials'3, and.design of.
an era of distinct~ve i~rchitectural ~yl~' to. wit,/
natural.' 'Qood Feflective..of ~ tradi~i~Bal ~]~pre~s
construction.
b) The building refleCts distingUish~ngcharacteristics
of a style, period and method of construction, to
wit, the building is reflectiVe ~f'tradi{~°naisouth
Florida cypress homes that are no longe~ extant.
c) The building was designed by' renowned Florida
architect John Yolk and represents one of the'finest
examples of this style and type of residential
design by Mr. Volk.
d) The building contains design,, detail, material and
craftsmanship of an. outstanding quality which
represented, in its time, a significant innovation
in adaptive design for the South Florida
environment.
B. Such designation should be conditioned upon the adoption
of the following zoning regulations:
1) notwithstanding the fact that the minimum lot size
requirements of the R-i-AA District and the existing
number of platted lots that make up the Subject Property
would allow more than three (3) dwelling units, the total
number of dwelling units that can be developed on the
. . Subject Property shall not exceed three (3);
2) notwithstanding the minimum lot dimension requirements
of the R-i-AA District, a single family detached dwelling
may be constructed on the Subject Property east of State
Road A-i-A, provided that the dwelling is constructed
within the area designated by building lines depicted on
Exhibit C attached to the Nomination, to wit no portion
of the dwelling .is constructed within five (5) feet of
the north and south property lines;
3) notwithstanding any provision of the City of Delray Beach
Code, the single family dwelling which may be constructed
on the Subject Property east of State Road A-1-A through
the Subject Property may not exceed twenty four hundred
(2400) square feet; and
4) notwithstanding any provision of the City of Delray Beach
Code, the right-of-way of State Ro~d A-1-A shall be sixty
(60) feet and no reservation of right of way in excess
5
of the east half of sixty (60) feet
a condition of developmen~ ea~t ~f Sta~e'=,~ad A-1-A. '-~ ~ .
' ~j-'.--.'~' . 'Pi _ ~ '~. : ~',~. '} '
C, The Subject Property is un,qua '.~n regard to-~-confluence~r-m .........
of circumstances that render it pst~ially ~ildable under' '
the current provisions of the R-l~,A~'Distri~t~' - ......
D. The construction of a single family dwellfn~ on the land
east of State Road A-1-A is consistent with the goals and
purposes of the city'of'.Delray_~0~g ~gh ~ode. _.
E. There is 'no other lot in the same zoning district that
suffers from the same confluence of circumstances and the
conditions and circumstances are peculiar to the Subject
Property.
These unique circumstances include:
a) the. property being the southernmost of a long series of
oceanfront lots which are improved with residences,
b) the granting of an easement for public beach use-over a
substantial portion of the lot in support of a public program
of beach stabilization and renourishment, and
c) the establishment of an erosion control line divesting the
owner of technical title to a substantial amount of.land area
between the mean high tide line and the erosion control line
to which the property owner retains riparian rights.
F. Absent the conditional zoning regulations, the property
owner will be deprived of the rights enjoyed by other
properties in the same zoning district.
G. The special conditions appurte~ant~O the Subject Property -.
are the result of public initiatives in regard to beach
access, use and renourishment, initiatives that the owners of
the subject property have supported and contributed to by
granting of beach access and use rights of way and acquiescing
in the establishment of the erosion control line as a part of
a renourishment program.
1. Fox Ill,use, main residence, south side. " c
2. Fox ilmJse, main residence, soUth side.
3. Fox fly,use, main residence, west side (rear).
4. F~x Ilm~se, main residence, s~uth side wif. h view t~ ocean.
5. Fox llouse, main residence, s~uth side, upper balcony detail.
6. Fox lhmse, main residence, front entranceway.:~ ·
7. Fox lhmse~ main residences southeast corner detail.
8. Fox lhmse, main residence, south side with guest cottage.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~~{
SUBJECT: AGENDA ITEM #/~ - MEETING OF OCTOBER 13. 1992
QRDINANCE NO. 53-92
DATE: October 9, 1992
This is the first reading of an ordinance amending Ordinance No. 70-89
to provide for a change in the gross floor area for the property know
as the Fontaine Fox House located at 610 N. Ocean Boulevard.
Ordinance No. 70-89 designated the Fontaine Fox House as an Historic
Site and placed it on the Register of Historic Places. The site
consists of three lots, the western lot is vacant and faces Andrews'
Avenue; the center lot contains a historic single family dwelling and
three guest cottages and is located on the west side of A1A; and an
eastern lot, also located on A1A.
In June 1990, the Historic Preservation Board (HPB) approved plans for
a 2400 square foot dwelling to be constructed on the beach lot.
Subsequently, the property was sold and the new owner requested an
amendment to Ordinance No. 70-89 to allow an 850 square foot addition
to the gross floor area and using the footprint of the originally
approved site plan.
The HPB conducted a preliminary evaluation to determine the effect
the proposed amendment would have on the Historic Designation Report
and found that the amendment conformed, with the exception of floor
area, density and height. The HPB also concluded that the amendment
would not negatively effect the historic house to the west of A1A, or
the historic site as a whole. A public hearing was conducted on
September 16, 1992 at which several members of the public spoke in
opposition to the amendment. The Historic Preservation Board
recommended approval of the amendment by a 5-2 vote (Pat Healy-Golembe
and James Miller dissenting).
Recommend approval of Ordinance No. 53-92 on first reading.
ORDINANCE NO. 53-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2,
REQUIREMENTS OF DESIGNATION, PARAGRAPH 2 OF ORDINANCE
NO. 70-89, TO PROVIDE FOR A CHANGE IN THE GROSS FLOOR
AREA FOR THE PROPERTY KNOWN AS THE FONTAINE FOX HOUSE
LOCATED AT 610 N. OCEAN BOULEVARD; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach
unanimously approved Ordinance No. 70-89 on October 24, 1989; and,
WHEREAS, in June, 1992, a request was received to amend
Ordinance No. 70-89 to allow an 850 square foot addition to the gross
floor area of the Fontaine Fox House, resulting in a dwelling with a
total of 3,250 gross square feet; and,
WHEREAS, on September 16, 1992, the Historic Preservation Board
conducted a public hearing on the proposal to change the gross floor
area from two thousand four hundred (2,400) square feet to three
thousand two hundred and fifty (3,250) square feet; and,
WHEREAS, the Historic Preservation Board voted to recommend to
the City Commission that Ordinance No. 70-89 be amended,
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,
Paragraph 2 of Ordinance No. 70-89 of the City of Delray Beach, Florida,
passed and adopted on October 24, 1989, be, and the same is hereby
amended to read as follows:
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 ~/~~//~/f~/~//~Z~
three thousand two hundred and fifty (3,250) square feet of
gross floor area.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
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
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
X~ENDFD ONLY FOR
OR ~G~NT R~SPO~IBLZ FOR D~LIV~RING ~T ~O THZ INTOneD R~CIPI~N~',
YOU ~RZ ~R[BY NO~'IFIBD
OR DISBEMINATIO~ OF THE INFO~TION IN IT, IB ~TRICTLY PROHiBItED.
~07IFY ~E ~E~DER
~S A7 ~Z XBOVE ADDRESS ~I~ ~Z ~,~, ~OG~AL ~ERVICE,
'"'0 E: - :L ~, -- '=_-_¢ 2 TUE '1 r=, = ,4-0 P . ~-.~2
SAc s & Sxx, P.A.
~TTOR~[¥[J ~,T lAW
~UITE 41~0 ' NORTHERN TR~T PLAZA
~PEN~ER H. ~X ~ARIA R.
~O~E~T ~ ~R~ TELEPHONE ~407)
TELECOPIER {~07} ~4- 4~5
OctOber 13, 1992
City CommiSsion
City of Delray Beach
!00 N.W. 1st Avenue
Delray Beach, Florida 33444
Re~ Proposed Variance Request of
Lot It Ocean Apple Estates,
Fontaine, Fox Historic Site
Dear Comm~sioner~l
This office represents Mr. & Mrs. Jack Eichelberger, owner of
the properly two lot8 north of the property which is the subject of
the variaOCe request. Unfortunately, due to a scheduling conflict,
I am unable to attend this hearing, but respectfully request that
tht. s letter be reviewed by the Commissioners and read into the
record.
My cltent~ would like to formally object to the Petitioners
variance request to increase the size of their improvement on the
subject lot from 2,400 sq. ft. to 3,250 sq. ft.
On or about October 24, 1989, the City Commission passed and
adopted ordinance No. 70-89 designating the Fontaine Fox house as
the Fontai~e Fox Historic Site. Shortly thereafter, the lot on the
east side of A1A which is included in the Mistoric Site, was given
a variance from the minimum lot area requirement of the R-l-AAA
zoning, tO allow the construction of a single family detached
dwelling. Unfortunately, during this time, my clients did not
zegtster any complaint or comment with the City regarding these
matters. Their failure to register any complaint or comment was
not due to their agreement and acquiescence in M~. Wilson's
original petition. My clients cannot absolutely recall events of
three years ago, but to the best of their recollection, they did
not either receive the notice, or did not comprehend the nature of
the notice and how it would effect the ownership of their propezty.
Regardless, my client~ are now on notice of the proposed addition
to the square foot requirement, and would like to register their
objection. The basis for my client's opposition is two-fold.
~0 C-ii-- - ~-- 9 2 T U E 1 6 : 4 I P ' 0'~-~-'
CITY COMMISSION
October 13, 1992
Page 2
Firstt the proposed additional square feet is not consistent
with the purpose of the Historic Site, nor does it enhance the
Historic Site. An Historic Site designation was given to this
p~operty primarily due to the existence of the Fontatne Fox
residenCe on the west side of A-1-A. The variance tO allow
construction of a residence on the east side of A-1-A was granted
only as part of a trade-off to lower the density on the lots on the
west side of A-1-A. In the cours~ of this trade-off, the City
agreed to allow the owner of the property to construct a residence
not to exceed 2,400 sq. ft. To increase that maximum requirement
does not add to the beauty, history or uniqueness of th~ Fontaine
FOX residence. It merely increases the size of the residence on
the east Side· The request is strictly monetarily motivated, and
is not motivated for reasons of aesthetics, architecture, history
or consistency with the Fontaine FOX residence. In deciding
whether to grant this variance, my clients believe that the
Commission should take into consideration how this variance will
enhance tha architecture, history and general aesthetics of the
Historic Site, and should not take into consideration how it may or
may not benefit, monetarily, the petitioner.
My client's second reason for objecting is that as the
property oWner directly north of the subject residence, my clients
would be detrimentally affected by an increase in the size of the
residence"tO the south of their property. This is particularly so
in light of the nature of the particular request, namely to expand
upon the Second floor on the north side of the subject property.
For these reasons, my clients respectfully request that the
Commission not approve petitioners request for a variance to add
850 sq. it. to it's proposed residence.
Very truly yours,
SACHS & SAX, P.A,
SLD:ch
CC: Jack Eichelberger
MEMORANDUM
DATE: OCTOBER 5, 1992
TO: ALISON MACGREGOR, CITY CLERK
FROM: PAT STORIC PRESERVATION PLANNER
SUBJECT: PREPARATION OF AN AMENDMENT TO SECTION 2~
PARAGRAPH 2 OF ORDINANCE NO.70-89
Section 2. Requirements of Desiqnation.
Paragraph 2) should be amended as follows:
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
three thousand two hundred and fifty (3,250)
square feet of gross floor area.
Thanks, and if you have any questions please phone me, 7024.
CITY COMMISSION DOCUMENTATION
TO: /~VID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER
SUBJECT: MEETING OF OCTOBER 13, 1992
AMENDMENT TO ORDINANCE NO. 70-89
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is to amend Section
2, Paragraph 2 of Ordinance No. 70-89.
BACKGROUND:
Ordinance 70-89, which is attached, designated the Fontaine Fox
Historic Site to the Local Register of Historic Places. The site
consists of 3 lots: the western lot faces Andrews Avenue and is
vacant; the center lot, located on the west side of AIA,
contains an historic Single family dwelling and 3 guest
cottages; the eastern lot is located on the east side of AIA.
The street address for the Fontaine Fox Historic Site is 610 N.
Ocean Boulevard.
Section 2, paragraph (2) of the Ordinance states that "no
dwelling unit used or developed east of State Road A-I-A
( the eastern lot) shall contain more than 2400 square feet
of gross floor area".
June 18, 1990: The Historic Preservation Board approved plans
for a 2400 square foot dwelling to be constructed on the beach
lot by the owners, Joyce and Roderick Wilson. Before
construction commenced, the lot and approved plans were sold to
Mr. Salah Sawaya.
December 18, 1991: Mr. Sawaya obtained a COA to redesign the
exterior of the proposed residence while retaining the
previously approved footprint and the maximum 2400 square feet
of gross total floor area.
June of 1992,: David Martin, authorized agent for Salah Sawaya,
requested an amendment to Ordinance NO. 70-89 to allow an 850
square foot addition to the gross floor area, resulting in a
dwelling with a total of 3,250 gross square feet. The building's
footprint on the originally approved site plan will remain
City Commission Documentation
Request to amend Ordinance No. 70-89.
Page 2
unchanged.
August 5, 1992: The HPB conducted a preliminary evaluation to
determine the effect the amendment would hav~ on the Designation
Report, on which Ordinance 70-89 is based. The preliminary
evaluation revealed that the amendment conformed to the
Designation Report, with one exception, pursuant to Section
4.5.1(C)(3)(b) of the LDRs which pertains to floor area, density
and height. The HPB was also of the opinion that the amendment
would not negatively effect the historic house to the west of
A-I-A, or the historic site as a whole. The applicant was
advised to proceed with a Public Hearing. Pursuant to Section
2.4.2(B)(1)(b) a notice was sent to property owners within a
500' radius and was published in the Delray News on
September 5, 1992.
September 16, 1992: The HPB conducted a Public Hearing to gain
input regarding the proposed amendment. There were no comments
in favor of the amendment. Mr. John Washburn, contractor for
Mr. Jack Eichelberger, spoke against the amendment. Mr & Mrs
Eichelberger are constructing a residence on the second lot to
the north of the subject property. A letter of opposition from
Mr. Eichelberger was read into the record, and is attached.
The Historic Preservation Board voted to recommend to the City
Commission that Ordinance No. '70-89 be amended. The vote was
5-2, Pat Healy-Golembe and James Miller dissenting..
RECOMMENDED ACTION:
Amend Section 2, Paragraph 2 of Ordinance No. 70-89, to allow
a residence with a total of 3,250 gross square feet of floor
area to be constructed, within the approved footprint, on the
lot east of State Road A-I-A which is located within the %ocally
designated Fontaine Fox Historic Site.
Attachments: Ordinance No. 70-89
Designation Report; Fontaine Fox Historic Site
Letter from Jack Eichelberber, September 15, 1992
01(~8/14 05:15
.'
,IACK W. EICH£LBEROER
Septembe~ 11. 1992
Historic Preserwatio~ Board
City of Delray Beach
100 N.W. 1st Avonue
Delray Beach, Florida 33444
RE~ ~ROPOSED ADDITIONAL VARIANCE REQUEST OF LOT 1,
OCEA~ APPLE ESTAT~, ~NTAINE ~X HIS~RIC SITE
TO WHOM IT MAY CONCE~N~
To allow another variance of the above captionod lot
is ludicrous.
The undersigned a~orney and his wife purchased the
property that lies two lots north of subject property
the 1970's. We bough~ our property with absolute assurance
that the ~wo pieces of property to the south of us were
u~build~ble lots and therefore there wo%~ld be no dw. ll~ng~
between o~ lend ~d the public beach.
Then to our complete su~r~se the southe~ most lot
wa~ grante4 a variance to build a 2400 squar~ feet house
on the f~ret lot north of the Public Bs~eh on the
of S~ate Road A-lA.
We were never info.ed a~ any t~e of ~ny hearing
proCe~in~ concernin~ that 2400 m~are foot decision. We
heard recently that that decision involved some limit~g of
hous~n~ lot~ west of A-1-A in the Pontaine Pox Historic
It should be n~tsd besides the 2400 square foot gran~
on "~he non buildable lot' a variat~on ~rom the sade ya~
set back retirements was also allowed to the effec~ of
el~inating the twelve foot set back requirements ~d Xn its
place ineti~Utlng construction ~llowance of a ~le
detache4 ~welling within five f.et of the south property line
,nd within five ~eet of the ~orth property line.
As if that ~s not enough for ~e owner~ of Lot 1
receive on %ha~ day (October ~9, 1989),they also
ano~her variance--TO WIT~ the waiver of the 80 f~t ri~ht-'
of-way re~irement for State Road A-~-A.
(next page. please)
01/08/14 05:16 ~. 2
Page two HistOrlO Preservation Board September i1~ 1992
Now the Ow~er~ of Lot 1 want more. They ~ow want to
increase their 2400 square feet by over 33% or 850 square
feet. This would make a total of 3,250 ~quare fee~ a~d more
important it would add the square footage to fo~m a second
floor. Thi~ would make the dwelling a full residence instead
of a "beach house".
We are =urrently building a home at ?01 N, Ocean Boule-
yard whiqh is as previously noted two Iota north of Lot
Wa have 8pent a lot of money desi~ning our house
believing that we had two unbuildable lots to the south. We
had our architect design 9lens to t~at effect with certain
rooms facing south. Now not only has the city of Delray
a 2400 square foot dwellin~ but now are be~n~ asked to grant
~nother 850 square fe~t to build a second floor. I~ is
not fair.
We could have really use4 a variance of five' feet on
both north and sou~h aide yard set backs on our house but we
figure0 that these zoning re~uirements were set in
by the City of D~lray.
Is the next request 9oing to be a variance on the
buildabl~" ~ot right next to us and to the north of Lot 17
In conclusion, we strongly oppose ~ny variance as there
is no necessit~ and it would be detrimen~al to us in that
second floor or additional ~quare footage would defeat the
plans we made in goo~ faith.
To ~ay tha~ there is no oecessity for a variance, we
have no~ really thoroughly checked into the trade-offs on the
first three variances of Ootober 29, 1989 but we know there
is no trade-off or benefit to the city or the h~storic district
to ~llow'thi9 ne~ request.
We also question the reason for a Historic District if
vari~nCeS aah be granted at any time. we would also ~o/at out
that any variance ~ranted would open th% door for a myriad of
additional variance requests. These variances must stop now.
I do wish to emphasize ~h~t I h~ve received complete co-op-
eration and courteous treatment in a professional way from
Pa~ Cayce, Delray Beach~s Historical Preservation Planner.
Sincerely,
~-~A~o~ne¥ at Law
JWE~de
~RD!NANSE NO. 73-~
~ OP~IN.kNCE OF .n~4E CITY. COMMISSION OF THE CITY DF
DELO~Y BEACH. FLORIDA, ~ESIGNATING THE PROPF~TY
K~NOWN AS THE FONTAINE FOX HOUSE LOCATED AT $10 N.
OCF. kN BOULEVARD, WI~ICH IS MORE FULLY DESCRIBED IN
FJd41BIT 1 TO THIS ORDINANCE, AS A LOCAL HISTORIC
ZlTt; PROVIDING FOR CERTAIN REQUIREMENTS OF DESIGNA-
TION; PROVIDING FOR T)EE AMENDMENT OF THE "ZONING MAP
OF DELl{AY BF, AC~, FLORIDA, 1983" TO SHOW, IN AR
OVERLAY MANNER SAID DESIGNATION; PROVIDING A NON-
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE;
AND PROVIDING FOR A SUNSET PROV/SION.
WHEREAS, Chapter 174 of the City of Code of the City of Delray
Beach provides for the designation and protection of historic sites;
WHEREAS, the owners of the Fontaine Fox House, a home designed
by noted South Florida architect John Yolk for famed cartoonist and City
of De]ray Beach resident Fontaine Fox, have nominated the Fontaine Fox
House to be designated as an historic site if certain variances and
waivers can be obtained from the City of Delray Beach.
'WHERF. A$, the Historic Preservation Board of the City of Delray
Beach prepared a designation report for the designation of Fontaine Fox
House as an historic site and held a duly noticed public hearing in
regard to the designation of the property as an historic site at which
no member, of the public spoke in opposition to the designation of the
property as an historic site; and,
W~EREAS, the Historic Preservation Board of the City of Delray
Beach has reco~ended that on September 20, 1989 that the Fqntaine Fox
House be designated an historic site subject =o certain variances and
waiuers propozed by the owner/applicant in the nomination/designation
report; and
WHEREAS, the City Co~ission of the City of Delray Beach has
conducted a duly noticed public hearing in regard to the designation of
the Fontaine Fox House as an historic site.
NOW, THF, RE~ORE, BE IT ORDAINED BY THE CITY COMMISSION OF
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Designation.
The Fontaina Fox House is located at 610 N. Ocean which is
legally described on the survey which is attached and incorporated into
this ordinance as Exhibit 1 and is hereby designated as the Fontaine Fox
Historic Site in accordance with and under the provisions of Chapter
of the City Code of the City of Delray Beach, subject to the ~erms of
this Ordinance.
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;
~ no 6welling unit used or developed on that portion of the
Fontaine Fox Historic Site whlch lies east of State Road A-1-A
shall contain more t)~a~ two thousand and four hundzed |2,400)
square feet of gross floor area.
Section 3. That the Planning Director of the City of
Beach, Florida, shall, upon the effective date of this oroinance, ame:
the zoning map of Delray Beach, Florida, to show, in an overlay manne~
the above designation.
Section 4. Severability.
It is the intention of the City Co~ission of the City
Delray Beach that this Ordinance and each ever:z of its terms be
sidered a part of a single whole and that the Ordinance not be severabl
and that if a court of competent Jurisdiction finds that any section
this Ordinance is unlawful ur unenforceable the Ordinance shall
unenforceable in its entirety.
Section 5. Effective Date.
This Ordinance shall become effective upon adoption on secon
and final reading.
Section 6. Sunset Provision.
This Ordinance shall expire an~ be of no further legal icrc
and effect sixty ( 60 ) days after its effective date unless th
owner/applicant of the Fon=aine Fox Historic Site has obtained th
following variances and necessary waivers:
1. A variation from the minimum lot area requirements of th
.~-i-AAA zoning district to allow the construction of
single family detached dwelling on that portion of th
Fontaine Fox Historic Site that lies east of State Rca
A-l-A; and
2. a variation from the side yard setbac~ requirements
the R-t-AAA zoning district to allow the construction c
a single family detached dwelling within five {5~ feet o
the north property line and five {5) feet of the scut
property line of that portion of the Fontaine Fc
Historic Site which lies east of State Road
Waiver of the 80 foot right-of-way requirement for Stat
Road A-1-A within the boundaries of the Fontaine Fc
Historic Site and the establishment of a 60 fcc
right-of-way requirement for the purposes of an
municipal Dermit or development order.
PASSED AND ADOPTED in regular session on second and fins
reading on this the 24thday of October 1989.
MAYOR
AITEST:
C-~.~~y ~~ This instrument was prepared by:
&~lerk '
First Reading October 10~ 1989 Jeffrey S. Kurtz, City Attorney
]00 N.W. 1st Avenue
Second Reading October 24~ 1989 De]r~y Beach, FL 33444
O~D. NO. ?0-89
DESIGNATION REPORT
Fox House
(a.k.a. Oceat~ Apple Estgtes)
610 N. Ocean Boulevard
THE. FOX. HOU .E j .... . :
aka "OCEAN: APPLE ESTATE",
610 N. Ocean B6ule%ard.I Delray Beach
I. PURPOSE
The purpose of designating .~-h~~'
to the Delray Beach Local" Register of Historic Place~"fs to
preserve the architectural and cultural significance of one of the
City's most distinctive priVate residentia~ oceanfront estates,
which is popularly known as the "Ocean Apple ~state" (hereinafter
the "Subject Property"). A.nomination for designation has been
filed and considered by the Board (See Exhibit A) and a public
hearing held pursuant to Chapter 174 of the City of Delray Beach
Zoning Code.
II. LOCATION
The Subject Property is located at 610 N. Ocean Boulevard Delray
Beach. It is 2.5 acres more or less and is comprised of land on
the oceanward and landward sides of State Road A-1-A. The Subject
Property extends from the Atlantic Ocean to Andrews Boulevard. The
legal description of the Subject Property is described in Exhibit
III. HISTORICAL AND ARCHITECTURAL SIGNIFICANCE
The house is significant because of its architectural style, the
man who first owned the Property and the man who designed the
improvements. The house was originally constructed for and owned
by Fontaine Fox, a world-famous cartoonist. Designed by John Volk,
it represents one of a few remaining. "beach" cottages reflecting
the.Cape Cod bungalow style typical of ~ouses built on North Ocean
Boulevard from Delray/Gulfstream to Manalapan..
The Owner:. Fontaine Fox
In 1933, Fontaine Fox began purchasing the land for what would be
known as 610 North Ocean Boulevard. By 1934, he owned all of lots
1, 2, 3, 4 and the north half of lot 5 of Palm Beach Shore Acres.
The house itself is located on lot 3 and the north half of lot 4.
Fontaine Fox commissioned John Volk, a personal friend, to design
a house on North Ocean Boulevard.
Fox, a cartoonist of both national and international acclaim,
was best known for.his cartoon "Toonerville Trolley". Launched in
1916, the cartoon was syndicated throughout' the world, appearing
in several languages. - ...... -- ..= ~ ....
1
...... Born in 1884 in Louisville,'Kentucky,~Fox began-~his-~career-.as
a cartoonist in grammar school,'continutng throughout high school '
when he began working at the Louisville Herald as a reporter an~
cartoonist. After two years of study at'the Uni¥~t-sity
where he studied and drew cartoons part-time, %h~ ;returned. to
Kentucky to work at the Louisville Times until the Ehicago Post
gave him national recognition and distribution .in 1915. Much of
the small town subject'matter for his cartoons cam~ 'from people he
knew in then suburban/rural Louisville. He moved to Delray
1931, after having visited there in the 1920's. Fox, in coming to
Delray, joined a number of well known artists and writers who --
by making Delray their home -- created an artists and writers
colony. These people included the cartoonist Herb Roth (whose
cartoons reflected_life in Delray), Wood Cowan, writers Hugh McNair
Kahler, Clarence Buddington Kelland, Nina Wilcox Putnam (whose
articles published in Good HousekeeDin~ magazine were illustrated
by another Delray resident Anita Brown) and poet Edna St. Vincent
Millay.
Fox made his studio on the second floor of the Arcade Tap
Room, the hub of winter activity in the town of Delray. He
ultimately built two homes on North Ocean Boulevard. He was an
accomplished golfer and the author of several books and articles,
including a series which ran in many papers which3was based on his
narrow escape in 1939 from war-torn Europe. During the war he was
a member of the Division of Pictorial Publicity.
In 1951, Fontaine Fox sold the house at 610 North Ocean
Boulevard to Alfred and Anne C. Hart. (Alfred died in 1958, and
Anne C. Hart ultimately became Anne Hart Mott of the Mott
Applesauce family.) FoX formally retired in 1954 and died at his
home in Greenwich, Connecticut in 1964. The Delray Beach
Historical Society recently honored him-at an exhibit shown at the
"Cason Cottage" Museum.
The Architect: John yolk
In the late 1930's, Fontaine Fox, having had a long-term
friendship with John Yolk, commissioned him to design the house at
610 North Ocean Boulevard. Volk was also the architect of Fox's
home just north of 610, as well as several others located in the
immediate Delray/Gulfstream area including Ocean Boulevard,
Seabreeze, and Palm Trail.
Born in 1901 in Austria, Volk came to the United States when
he was nine years old. He was a student at Columbia University
School of Architecture as well as the world renowned Ecole des
Beaux Arts in Paris. Yolk continued to design homes until his
death in 1984.
John Volk arr~ved in Palm-Beach in 192~ while Addison Mizner
was building Spanish and Mediterranean style mansions for wealthy
2
families. A prolific architect' he ~esignea_.ov~K._1,.99~ _houses, .
theatres, and buildihgs~al'l-bv~'the-Wo~ld.-'~°SO~"'Sf'~the"w~rld'~
most powerful and wealthy people commissioned him-to design their."
homes, including william ~paIey, Georg~ VaDd~rbilt,'j. Menr~ Ford II;'~
Herbert Pulitzer, Hor'ace Dodge-II, and'Johh ~ippS.~
Yolk has often been called the last of the original Palm Beach
architects which included Addison Mizner, Maurice Fatio, and Marion
Sims Wyeth. In 1926, he formed a partnership with Gustav Maas
which lasted almost ten years.
Volk's homes, which number several hundred'sdattered along the
coast, covered a broad range of designs from Spanish and Italian
motifs to Normandy, Bermuda, Regent, Classical Oriental, bungalow,
and what he called British Colonial. Known to have "broken the
excesses" of the Mediterranean style after the Depression, Volk
began designing British Colonial houses that could be built for
forty-five cents a square foot versus two dollars per square foot
for the Spanish mansions. He related in an article in
Architectural Digest in 1972, "when the market crashed and the
Depression followed, there wasn't a client in sight who wanted to
build the elaborate Spanish house. Everyone was broke. Those who
weren't, didn't want to make a show of their money." It was during
this period that the houses along North Ocean Boulevard were
designed.
Volk designed some of the most prominent buildings in the
area, including the First National Bank building in Palm Beach, the
Royal Poinciana Plaza and Playhouse (which opened in 1)50, becoming
the first new professional theatre to he'bUilt-ih the'United Stat%s
since the Ethel Barrymore and the Adelphi Theatres opened their
doors in 1928), the galleries and theatre fo~ the Society of the
Four Arts, part of the Town Hall of Palm Beach, the Beach Club,
Phipps Oenza, and Good Samaritan HoSpital. In later years, he
designed Paradise Island and was involved in early development of
planned golf course communities such as Port Royale in Naples and
Old Port Cove in North Palm Beach.
. During the Mott family's ownership,_the southerly portions of
the land seaward of State Road A-1-A were conveyed to the City of
Delray Beach in support of a beach stabilization and renourishment
program. Recently the City Commission of the City of Delray Beach
voted to convey ten feet along the southerly border of the Subject
Property east of State Road A-1-A back to the current property
owner as a part of' the property owner's proposal to plat a
buildable lot on the east side of State Road A-1-A.
IV. PRESENT USE~ CONDITION AND ZONIN~
A. Present uS~
3
J
The Subject Property'is~impro~ed with'a'two b~drodm
residence, garage, swimming pool' and three small guest cottages.
The improvements were designed by renowned architect John Volk and
was originally constructed in'1934. The:improvements~to th6'Subje=t-
Property have been renovated '.in'accordahce with the'.architectural
theme and character of the original--design of the ~rincipal
residence and the other improvements'.'
B. ,Condition
The structure is in very good condition.
C. Zoning
The current zoning of the Subject Property is R-l-AA. The
Nomination submitted by the owner is subject to proposed
conditional zoning regulations.
V. IMPACT
This designation is being made at the request of the owner of the
Subject Property.
VI. RESOLUTION
The Historic Preservation Board of the City of Delray Beach hereby
finds and determines as follows:
A. The Nomination for designation~of the Fox House as an
historic site is appr~opriate and conforms with the standards
and criteria of Chapter 174: ~istoric Preservation of the
City of Delray Beach Code.
B. The Subject Property is appropriate for designation as an
historic site because:
1) The Subject Property is associated with the life or
activities of a person of major importance to city,
regional and national history in that the Subject
Property served as a residence of famed cartoonist
Fontaine Fox, a notable person in the history of the City
of Delray Beach and the country. The Subject Property
also served as a residence for the Mort family of
applesauce fame;
2) The Subject Property exemplifies the social and
historical trends of the community in that the principal
residence represents a lifestyle, quality of life and
architectural character that once typified seasonal
living Sn South Florida;
3) The -principal residence on the SubJec%-~ PropezTt¥ has
architectural and.a~sthetic Significance in that: .
a) The building portrays the materials'3~and, design of..
an era of distinctive '~rchi~ectural ~yl~, t0~wit,.~.
natural.' Qood ~flective. of
construction.
b) The building reflects distin~ishingcharacteristics
of a style, period and method of construction, to
wit, the building is reflective ~f'tradi{~°nai~south- '
Florida cypress homes that are no lq~ge~ extant.
c) The building was designed by' renowned Florida
architect John Yolk and represents one of the'finest
examples of this style and type of residential
design by Mr. Volk.
d) The building contains design, detail, material and
craftsmanship of an. outstanding quality which
represented, in its time, a significant innovation
in adaptive design for the South Florida
environment.
B. Such designation should be conditioned upon the adoption
of the following zoning regulations:
1) notwithstanding the fact that the minimum lot size
requirements of the R-I-AA District and the existing
number of platted lots that make up the Subject Property
would allow more than three (3) dwelling units, the total
number of dwelling units that can be developed on the
~ . Subject Property shall not exceed three (3);
2) notwithstanding the minimum lot dimension requirements
of the R-i-AA District, a single family detached dwelling
may be constructed on the Subject Property east of State
Road A-l-A, provided that the dwelling is constructed
within the area designated by building lines depicted on
Exhibit C attached to the Nomination, to wit no portion
of the dwelling .is constructed within five (5) feet of
the north and south property lines;
3) notwithstanding any provision of the City of Delray Beach
Code, the single family dwelling which may be constructed
on the Subject Property east of State Road A-1-A through
the Subject Property may not exceed twenty four hundred
(2400) square feet; and
4) notwithstanding any provision of the City of Delray Beach
Code, the right-of-way of State Ro~d A-1-A shall be sixty
(60) feet and no reservation of right of way in excess
5
of the east half of sixty (60) feet
a condition of development east-of Stat~ad A-1-A.
C. The Subject Pr rdn
of circumstances th r "P t ~
the current provisions of the
D. The construction of a s~ngle family dwelling on the land
east of State Road A-1-A is consistent with the goals and
purposes of the City'of".Delray.~0~!Dg ~agh ~0de.
E. There is 'no other lot in the' same zoning district that
suffers from the same confluence of circumstances and the
conditions and circumstances are peculiar to the Subject
Property.
These unique circumstances include:
a) the. property being the southernmost of a long series of
oceanfront lots which are improved with residences,
b) the granting of an easement for public beach use' over a
substantial portion of the lot in support of a public program
of beach stabilization and renourishment, and
c) the establishment of an erosion control line divesting the
owner of technical title to a substantial amount of.land area
between the mean high tide line and the erosion control line
to which the property owner retains riparian rights.
F. Absent the conditional zoning regulations, the property
owner will be deprived of the rights enjoyed by other
properties in the same zoning district.
G. The special conditions appurt'e~ant~o the Subject Property
are the result of public initiatives in regard to beach
access, use and renourishment, initiatives that the owners of
the subject property have supported and contributed to by
granting of beach access and use rights of way and acquiescing
in the establishment of the erosion control line as a part of
a renourishment program.
6
1. Fox llouse~ main residence~ south side.
Fox llousc, main residence, south_side'
3. Fox llouse, main residence, west side (rear).
4. Fox lhmse, main residence, smith side with view to ocean.
5. Fox Ih)use, main residence, south side, upper balcony detail.
6. Fox Ih)use, main residcnc, e, front enlranceway.:~ .
7. Fox IIouse, main residence, southeast corner detail.
8. Fox lhmse, main residence, south side with guest cottage.
01/0~/14 05:15
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