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Res 61-07f 11 RESOLUTION NO. 61 -07 '1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO FRANK AND ELIZABETH ROZZO FOR THE HISTORIC REHABILIATION OF THE PROPERTY LOCATED AT 226 NORTH SWINTON AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City "), is designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant elements of the City's historical, cultural, social, economic, political, archaeological, and architectural identity; and /or serve as visible reminders of the City's culture and heritage; and WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which are the result of the restoration, renovation, or rehabilitation of the historic properties; and WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an ad valorem tax exemption for the restoration, renovation, and /or improvement of historic properties (Ordinance No. 50 -96); and WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase interest in restoring, renovating, and improving the City's historic structures; and WHEREAS, Ordinance No. 50 -96 provides that on completion of the review of a Final Application /Request for Review of Completed Work, the Historic Preservation Planner shall present such Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend that the Historic Preservation Board grant or deny the exemption; and WHEREAS, the property owners filed a Preconstruction Application and received preliminary approval from the Historic Preservation Board on October 17, 2007, for an ad valorem tax exemption for the historic renovation and restoration of the property located at 226 N. Swinton Avenue; and WHEREAS, the Historic Preservation Board reviewed the Completed Work Application on 226 N. Swinton Avenue, for a determination that the completed improvements were consistent with LDR Section 4.5.1(M)(5) and recommends approval to grant an ad valorem City tax exemption to Frank and Elizabeth Rozzo for the restoration, renovation, and improvement to the property located at 226 N. Swinton Avenue. \ i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission hereby determines that the completed improvements to the property located at 226 N. Swinton Avenue, as described in the application for ad valorem tax exemption filed with the City, were consistent with LDR Section 4.5.1(K(5). Section 2. The City Commission hereby approves an ad valorem tax exemption to the property owner, Frank and Elizabeth Rozzo, for a ten year period, commencing on 1/1/08, from that portion of ad valorem taxes levied on the increase in assessed value, between the years 1/1/08 — 12/31/17, resulting from the renovation, restoration, and rehabilitation of the property located at 226 N. Swinton Avenue, which property is legally described as follows and which improvements are described in HPB Certificate of Appropriateness No. 2005 -027 and No. 2006 -053: South one foot of Lot 5, Lot 6, and the north one -half of Lot 7, Block 58, Plat of Metcalf's Subdivision of Blocks 50 and 58, Town of Delray Section 3. Prior to the ad valorem tax exemption described herein being effective, Frank and Elizabeth Rozzo shall execute and record a restrictive covenant in a form established by the State of Florida, Department of State, Division of Historical Resources, requiring the qualifying improvements be maintained during the period that the tax exemption is granted. A copy of the recorded covenant shall be provided to the City's Historical Preservation Planner. Section 4. This resolution shall take effect in accordance with law. PASSED AND ADOPTED in regular session on the 61h day of November, 2007. ATTEST: City Clerk Q- a, -, ?_ d -, - MAYOR RES NO. 61 -07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLiNG, AICP, DIRECTOR OF PLANNING AND ZONIN t THROUGH: CITY MANAGER.' 1 DATE: SUBJECT: OCTOBER 31. 2007 IMPROVEMENTS TO 226 NORTH SWINTON AVENUE, WITHIN THE OLD SCHOOL SQUARE HISTORIC DISTRICT ITEM BEFORE COMMISSION The item before the City Commission is approval of the tax exemption request for improvements to the property located at 226 North Swinton Avenue within the Old School Square Historic District. The development site includes the south one foot of Lot 5, Lot 6, and the north one -half of Lot 7, Block 58, Plat of Metcalf's Subdivision of Blocks 50 and 58, Town of Delray, located on the west side of North Swinton Avenue, between NE 2nd and 3rd Streets. BACKGROUND Prior to the recent site improvement, the site contained a 1,490 square foot contributing, one - story, Spanish Eclectic style single- family dwelling constructed in 1920, and a 250 square foot contributing, Frame Vernacular style accessory garage circa late 1920s. On January 28, 2004, a fire occurred within the existing contributing structure damaging the wall and ceiling finishes. In addition, the structural integrity of the roof framing was compromised requiring repair and replacement. At its meeting of December 15, 2004, the Historic Preservation Board (HPB) approved a COA (2005 -027) for a two -story, 1,888 square foot addition to the south side of the aforementioned contributing structure. A subsequent revision (2006 -053) to the original COA approval was approved administratively on December 2, 2005 which included the addition of a covered porch to the rear elevation. The improvements are complete and the applicant now wishes to apply for tax exemption status. The following is a list of eligible components for the tax exemption, including those exterior items approved by the Board as well as interior improvements: • interior demolition as required by the aforementioned fire; • Construction of a two -story, 1,888 square foot addition; • Exterior improvements to the existing structure including in -kind cosmetic repairs; • Hardscaping improvements. At its meeting of October 17, 2007, the HPB recommended approval the Ad Valorem Tax Exemption Application Parts 1 and 2 (2007 - 348 -COA). The applicant completed the improvements and a Certificate of Occupancy (CO) was issued on February 21, 2007, permitting the property owner to finalize the tax abatement request. The tax exemption will apply to the difference in assessed value before and after the property improvement. City Commission Memorandum; Meeting of November 6, 2007 Tax Abatement Application— 226 North Swinton Avenue The applicant is now before the City Commission for final approval of the request. Upon approval, the request will be forwarded to the Palm Beach County Property Appraiser's Office and the Palm Beach County Planning and Zoning Department for recordation and final appraisal of the improvements. Additional background and an analysis of the request are provided in the attached HPB Memorandum Staff Report. Ad Valorem Standards for Qualifying Improvements The property qualifies for the tax exemption per LDR Section 4.5.1(M)(5)(a)(iii) as it is a contributing property to a historic district, under the terms of the City's historic preservation ordinance. Once established as a qualified historic property, qualifying improvements, pursuant to LDR Section 4.5.1(M)(5)(b), must meet the following criteria: (1) Be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; (ii) Be determined by the Historic Preservation Board to meet criteria established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A -38, as amended, (iii) Be consistent with Section 4.5.1 (E), "Development Standards" of the City's Land Development Regulations, and, (iv) Include, as part of the overall project, visible improvements to the exterior of the structure. ANALYSIS The project meets criterion (i) -(iv) regarding the new construction and alterations to the existing historic buildings as it is compliant with the City's Land Development Regulations, the Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Pursuant to LDR Section 4.5.1(M)(10), the "Final Application/ Request for Review of Completed Work" was submitted within eighteen (18) months of the CO. The Final Application includes documentation of all costs incurred during the project, documentation of the building permit, and the Historic Preservation Exemption Covenant. The City's Community Improvement Department has verified that the work has been completed, passed the final inspection, and the Certificate of Occupancy was issued on February 21, 2007. As mandated by LDR Section 4.5.1(M)(10), the Historic Preservation Board reviewed the Final Application during its meeting of October 17, 2007, and determined that the completed improvements were in compliance with the previously approved request. Pursuant to LDR Section 4.5.1(M)(12), upon approval of a Final Application /Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The expenditures (per building permit records) for the qualifying improvements total $825,125.28. The tax abatement will be limited to the increase in assessed value (as determined by the Palm Beach County Property Appraiser) and result in an abatement of taxes for a period of ten years from the date of approval. F City Commission Memorandum; Meeting of November 6, 2007 Tax Abatement Application— 226 North Swinton Avenue RECOMMENDATION Approve the tax exemption request, the "Part 2 / Final Application Request for Review of Completed Work" for site improvements to the property located at 226 North Swinton Avenue, Old School Square Historic District, based upon positive findings with respect to LDR Sections 4.5.1(M)(5)(a)(iii), (M)(5)(b) and (M)(12), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Attachments: ■ Resolution No. 61 -07 ■ HPB Staff Report 3 RESOLUTION NO. 61-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO FRANK AND ELIZABETH ROZZO FOR THE HISTORIC REHABILIATION OF THE PROPERTY LOCATED AT 226 NORTH SWINTON AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City "), is designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant elements of the City's historical, cultural, social, economic, political, archaeological, and architectural identity; and/or serve as visible reminders of the City's culture and heritage; and WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which are the result of the restoration, renovation, or rehabilitation of the historic properties; and WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an ad valorem tax exemption for the restoration, renovation, and/or improvement of historic properties (Ordinance No. 50 -96); and WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase interest in restoring, renovating, and improving the City's historic structures; and WHEREAS, Ordinance No. 50 -96 provides that on completion of the review of a Final Application/Request for Review of Completed Work, the Historic Preservation Planner shall present such Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend that the Historic Preservation Board grant or deny the exemption; and WHEREAS, the property owners filed a Preconstruction Application and received preliminary approval from the Historic Preservation Board on October 17, 2007, for an ad valorem tax exemption for the historic renovation and restoration of the property located at 226 N. Swinton Avenue; and WHEREAS, the Historic Preservation Board reviewed the Completed Work Application on 226 N. Swinton Avenue, for a determination that the completed improvements were consistent with LDR Section 4.5.1(M)(5) and recommends approval to grant an ad valorem City tax exemption to Frank and Elizabeth Rozzo for the restoration, renovation, and improvement to the property located at 226 N. Swinton Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission hereby determines that the completed improvements to the property located at 226 N. Swinton Avenue, as described in the application for ad valorem tax exemption filed with the City, were consistent with LDR Section 4.5.1(M)(5). Section 2. The City Commission hereby approves an ad valorem tax exemption to the property owner, Frank and Elizabeth Rozzo, for a ten year period, commencing on 1/1/08, from that portion of ad valorem taxes levied on the increase in assessed value, between the years 1/1/08 — 12/31/17, resulting from the renovation, restoration, and rehabilitation of the property located at 226 N. Swinton Avenue, which property is legally described as follows and which improvements are described in HPB Certificate of Appropriateness No. 2005 -027 and No. 2006 -053: South one foot of Lot 5, Lot 6, and the north one -half of Lot 7, Block 58, Plat of Metcalf s Subdivision of Blocks 50 and 58, Town of Delray Section 3. Prior to the ad valorem tax exemption described herein being effective, Frank and Elizabeth Rozzo shall execute and record a restrictive covenant in a form established by the State of Florida, Department of State, Division of Historical Resources, requiring the qualifying improvements be maintained during the period that the tax exemption is granted. A copy of the recorded covenant shall be provided to the City's Historical Preservation Planner. Section 4. This resolution shall take effect in accordance with law. PASSED AND ADOPTED in regular session on the day of , 200—. ATTEST: City Clerk MAYOR PMBNci bod ABdnN OCBr 1993 2001 ptptA BPR 1993 2.001 Applicantl Property Owner: Frank and Elizabeth Rozzo Property Address: 226 North Swinton Avenue, Old School Square Historic District HPB Meeting Date: October 17, 2007 File No: 2007- 348 -COA The action requested of the Board is the approval of Parts 1 and 2 of a Tax Exemption application for improvements to a contributing property located at 226 North Swinton Avenue, Old School Square Historic District, pursuant to Land Development Regulations (LDR) Section 4.5.1(M). The subject property consists of the south one foot of Lot 5, Lot 6, and the north one -half of Lot 7, Block 58, Plat of Metcalf's Subdivision of Blocks 50 and 58, Town of Delray. Located on the west side of North Swinton Avenue, between NE 2nd and 3`d Streets, the property is zoned Old School Square Historic Arts District (OSSHAD) and is within the Old School Square Historic District. The property originally consisted of a 1,490 square foot contributing, one -story, Spanish Eclectic style single - family dwelling constructed in 1920, and a 250 square foot contributing, Frame Vernacular style accessory garage circa late 1920s. On January 28, 2004, a fire occurred within the existing contributing structure damaging the wall and ceiling finishes. In addition, the structural integrity of the roof framing was compromised requiring repair and replacement. At its meeting of December 15, 2004, the Board approved a COA (2005 -027) for a two-story, 1,888 square foot addition to the south side of the contributing structure. Prior to the COA submittal and review, the interior and roof of the subject structure were damaged by fire which resulted in the demolition of the majority of the interior as well as repairs to the roof and electrical systems of the dwelling. A building permit was then issued for the reconstruction of the damaged interior. A subsequent revision (2006 -053) to the original COA approval was approved administratively on December 2, 2005 which included a covered porch on the rear elevation. The applicant is now before the Board to request review of Parts 1 and 2 of the Ad Valorem Tax Exemption Application for the improvements stated above as approved with 2005 -027 and 2006- 053. The tax exemption would apply to the expenditures associated with the above improvements (excluding landscaping) which total $825,125.28 (per submitted invoice list). The following is a list of eligible components for the tax exemption, including those exterior items approved by the Board per the files noted above as well as interior improvements: • Interior demolition as required by the aforementioned fire; • Construction of a two -story, 1,888 square foot addition; • Exterior improvements to the existing structure including in -kind cosmetic repairs; • Hardscaping improvements. 226 North Swinton Avenue, Tax Exemption Application, 2007- 348 -COA HPB Meeting October 17, 2007 Page 2 of 6 Although the landscaping associated with the COA was approved, landscaping is not permitted as a legitimate expenditure as it is not interpreted as a "site improvement ", pursuant to the Florida Administrative Code 1A-38. Part 1 is the initial evaluation of the property and of the improvements included in the application regarding their eligibility for the tax abatement. Part 2, "Final Application/ Request for Review of Completed Work ", requires that the Historic Preservation Board conduct a review at a regularly scheduled public meeting to determine whether or not the completed improvements are in compliance with the work described in the Construction Application. Based on State regulations, an Ad Valorem Tax Exemption can be approved for a project before, during, or after it has been undertaken. The applicant therefore requests consideration of an ad valorem tax exemption as the project is complete. LDR Section 4.5.1(M), Tax Exemption for Historic Properties Pursuant to LDR Section 4.5.1(M)(1), Tax Exemption for Historic Properties, the City Commission hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic properties designated. Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on 900% of the increase in assessed value resulting from any renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. LDR Section 4.5.1(M)(2), clarifies that the exemption does not apply to the following: (a) Taxes levied for payment of bonds, (b) Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article 7 of the Florida Constitution; or (c) Personal property. LDR Section 4.5.1(M)(3), explains the duration of the exemption: (a) The exemption period shall be for ten (10) years, beginning January 1st following the year in which final approval is given by the City Commission and the Palm Beach County Property Appraiser has been instructed to provide such exemption. However, the City Commission shall have the discretion to set a lesser term. (b) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to grant such exemption or change in ownership of the properly. To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was granted. LDR Section 4.5.1(M)(5)(a -b), provides the parameters for qualifying properties and improvements. The subject property qualifies as it is considered contributing within the Old School Square Historic District. The following, (5)(b), identifies qualifying improvements: (b) For an improvement to a historic property to qualify the properly for an exemption, the improvement must. (i) be consistent with the United States Secretary of the interior's Standards for Rehabilitation, as amended; (ii) be determined an improvement by the Historic Preservation Board as established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A -38, as amended which defines a real property improvement as changes in the condition of real property brought about by the expenditure of labor and money for the restoration, 226 North Swinton Avenue, Tax Exemption Application, 2007 - 348 -COA HPB Meeting October 17, 2007 Page 3 of 6 renovation, or rehabilitation of such property. Improvements shall include, but are not limited to: modifications, repairs, or additions to the principal contributing building and its associated accessory structures (i.e. a garage, cabana, guest cottage, storage /utility structures, swimming pools), whether existing or new, as long as the new construction is compatible with the historic character of the building and site in terms of size, scale, massing, design, and materials, and preserves the historic relationship between a building or buildings, landscape features, and open space. The exemption does not apply to improvements made to non - contributing principal buildings or their non - contributing accessory structures. (iii) be consistent with Section 4.5.1(E), "Development Standards" of the City's Land Development Regulations, and (iv) include, as part of the overall project, visible improvements to the exterior of the structure. The project meets criteria (i) and (ii) through previous approval by the Board of the associated improvements outlined above which constituted its compliance with the Secretary of the Interior's Standards for Rehabilitation, as well as the rules of Florida Administrative Code 1A -38, promulgated by the Florida Department of State, Division of Historical Resources. The development project meets criterion (iii) per the COA approvals which applied the LDR Development Standards in the assessment of the proposal. Finally, the project meets criterion (iv) as the project encompasses visible improvements to the exterior of the building and related property. LDR Section 4.5.1(M)(7), Application for Exemption, provides that Part 1, Construction Application, may be submitted before, during, or after qualifying improvements are intitiated, and Part 2, the Final Application/Request for Review of Completed Work, shall be submitted upon completion of the qualifying improvements. The qualifying improvements were complete prior to submittal of Parts 1 and 2 as the Certificate of Occupancy was issued on February 21, 2007. LDR Section 4.5.1(M)(8)(a), Part 1, Construction Application, requires that the submitted application contain information conceming the estimated cost of the qualifying improvement and be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property. The submitted estimated cost of the qualifying improvements has been calculated at $825,125.28. The most recent tax bill has also been submitted. LDR Section 4.5.1(M)(9), Review of Construction Application by the Historic Preservation Board, requires that the Historic Preservation Board review the Construction Application within 60 days of the Historic Preservation Planner's determination of eligibility, and, that if Part I of the Construction Application is submitted after the project has been completed, the application must be submitted within 18 months from the date of issuance of a CO. Further, if the HPB determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.1(E), the Construction Application and, if applicable, the COA shall be approved by the HPB. However, if the HPB determines that the work as proposed is not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1(E), corrective measures shall be prescribed by the Board. As previously noted, the property received a Certificate of Occupancy on February 21, 2007 which was within eighteen (18) months of the application submittal date. Therefore, the project is eligible for review and, if the Board deems the request to be in compliance, it is recommended that the the application be approved 226 North Swinton Avenue, Tax Exemption Application, 2047 - 348 -COA HPB Meeting October 17, 2007 Page 4 of 6 LDR Section 4.5.1(1111)(10)(a -c), Part 2, Final Application/Request for Review of Completed Work, provides criteria for review of the final application: (a) If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.9(E), the Board shall approve the Final Application/Request for Review of Completed Work and the Historic Preservation Planner shall issue a written order to the applicant. (b) The Final Application/Request for Review of Completed Work shall be accompanied by documentation of the total expenditures of the qualifying improvements. Appropriate documentation may include, but is not limited to, paid contractor's bills, A!A Forms 702- 704, canceled checks, copies of invoices, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request for Review of Completed Work and all required supporting documentations, the Historic Preservation Board shall conduct a review at a regularly scheduled public meeting to determine whether or not the completed improvements are in compliance with the work described in the Construction Application, approved amendments, if any, and Section 4.5.9(E). After the above mentioned review, the Historic Preservation Board shall recommend that the City Commission grant or deny the exemption. (c) 1f the Historic Preservation Board determines that the work as completed is either not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1(E), the applicant shall be advised that the Final Application has been denied. The Historic Preservation Planner shall provide a written summary of the reasons for the determination to the applicant. The "Final Application/Request for Review of Completed Work ", Part 2, has been submitted as the work is complete. The final application includes a statement from the project architect regarding fees for services rendered, documentation of the building permit, invoices from the contractor, and copies of the checks submitted for payment of the work performed. The City's Community Improvement Department has confirmed that a Certificate of Occupancy (CO) was issued for the property on February 21, 2007. LDR Section 4.5.1(M)(12), Approval by the City Commission, notes that the approved Final Application/Request for Review of Completed Work by the Historic Preservation Board shall be placed by resolution on the agenda of the City Commission for approval. The resolution of the City Commission approving the Final Application shall provide the name of the owner of the property, the property address and legal description, a recorded restrictive covenant as provided in Section 4.5.1(M)(13) in the official records of Palm Beach County, as a condition of receiving the exemption, and the effective dates of the exemption, including the expiration date. Should the HPB make a recommendation to approve the subject request, the item will be placed on the November 6, 2007 City Commission agenda for approval and subsequently forwarded on to the Palm Beach County Property Appraiser's Office and Planning and Zoning Department for recordation. LDR Section 4.5.1(M)(13), Historic Preservation Exemption Covenant, explains the covenant required in order to qualify for the exemption: (a) To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant with the Final Application /Request for Review of Completed Work. The covenant as established by the Department of State, Division of Historical Resources, shall be in a form approved by the City of Delray Beach City Attorney's Office and applicable for the term for which the exemption is granted and shall require the character of the property and qualifying improvements to be maintained during the period that the exemption is granted. 226 North Swinton Avenue, Tax Exemption Application, 2007 - 348 -COA HPB Meeting October 17, 2007 Page 5 of 6 (b) On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to the City's Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the property owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Sec. 292.92(3), Florida Statutes. LDR Section 4.5.1(Illl)(16)(a -d), Revocation Proceedings, provides guidelines to revocation of the tax exemption upon violation of the recorded covenant. (a) The Historic Preservation Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exemption Covenant (b) The Historic Preservation Planner shall provide notice to the current owner of record of the property and the Historic Preservation Board shall hold a revocation hearing in the same manner as in Section 4.5.9(M)(90), and make a recommendation to the City Commission. (c) The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 8 of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser, and filed in the official records of Palm Beach County. (d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 9st of the year following receipt of the notice of revocation. The Sections noted above regarding the "Restrictive Covenant" and "Revocation Proceedings" are provided to demonstrate that the tax exemption is binding, and if violated, the property owner would have to comply with the consequences. ANALYSIS The tax exemption request complies with the criteria contained in LDR Section 4.5.1(M) as the Board approved the associated improvements by making positive findings with respect to the applicable LDR Sections, Delray Beach Historic Preservation Design Guidelines, and Secretary of the Interior's Standards for Rehabilitation. Therefore, positive findings can be made with respect to LDR Section 4.5.1(M). ins A. Continue with direction. B. Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application, including Parts 1 and 2, regarding files 2005 -027 and 2006 -053, for improvements to the property at 226 North Swinton Avenue, Old School Square Historic District, based upon positive findings with respect to LDR Section 4.5.1(M). C. Recommend denial to the City Commission of the complete Ad Valorem Tax Exemption Application, including Parts 1 and 2, regarding files 2005 -027 and 2006 -053, for improvements to the property at 226 North Swinton Avenue, Old School Square Historic District, based 226 North Swinton Avenue, Tax Exemption Application, 2007 - 348 -COA HPB Meeting October 17, 2007 Paae 6 of 6 upon a failure to make positive findings with respect to LDR Section 4.5.1(M). (Motion to be phrased in the affirmative. See above.) Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application, including Parts 1 and 2, regarding flies 2005 -027 and 2006 -053, for improvements to the property at 226 North Swinton Avenue, Old School Square Historic District, based upon positive findings with respect to LDR Section 4.5.1(M). Report Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: • Ad Valorem Tax Exemption Application • Photographs of Before and After • Plaits approved by HPB Read the attached instructions carefully before completing this application. Your application cannot be evaluated unless it is complete and all required supporting materials are provided. In the event of any discrepancy between the application form and other supplementary material submitted with it (such as architectural plans, drawings and specifications), the application form shall take precedence. Type or print clearly in black ink. If additional space is needed, attach additional sheets. � ;' Fu. °.gs. '3 1. Property identification and location: ppS t Property Identification Number (from tax records): Attach �°1to- f'�- Attach legal description of property Address of property: Street WILD N —fX A-2 i MCJL-\ VIU a— City �) Q Af'L AA I� A"6 County ?Ca. \Yj % &&C�ir\ Zip Code ° 3HHH () Individually National Register listed () catty designated historic property or landmark* () In a National Register district Ina locally designated district * For applications submitted to the Division of Historical Resources, attach a copy of the local designation report for the property and the official correspondence notifying the property owner of designation. Name of historic district For locally designated historic properties or landmarks, or properties located in locally designated historic districts, provide the following additional 6 information: Q Name of local historic preservation agency /office `) eA Y CLt,� e -C -k t' , Sk'0V i L i ?-CJ Mailing Address / aD I kAD City �i 1 J State jrj- Zip Code 3 Telephone Number (SkU � �. 2. pe of request: Exemption under 196.1997, F.S. (standard exemption) () Exemption under 196.1998, F.S. (exemption for properties occupied by non -profit organizations or government agencies and regularly open to the pubic) If applying under s. 196.1998, F.S., complete Question 9 on page five. 3. Owner information: _ Name of individual or organization owning the property i L 9— ti2Cti iMA �K 022 O Mailing address A- CO N • "� City ����Ot c State �(C d � Zip code 33 �' ~ Daytime Telephone Number (�U P1 I- s 01-T "1 If the property is in multiple ownership, attach a list of all owners with their mailing addresses. DOS Form No. HWE101292 Property Identification Number Ka-M3-H(.0- Property Address Ja( p �J 4. Owner Attestation: I hereby attest that the information I have provided is, to the best of my knowledge, correct, and that I own the property described above or that I am legally the authority in charge of the property. Further, by submission of this Application, I agree to allow access to the property by representatives of the Division of Historical Resources or the Local Historic Preservation Office ,where such office exists, and appropriate representatives of the Iocal government from which the exemption is being requested, for the purpose of verification of information provided in this Application. I also understand that, if the requested exemption is granted, I will be required to enter into a Covenant with the local government granting the exemption in which I must agree to maintain the character of the property and the qualifying improvements forme term of the exemption. Complete the following if signing for an organization or multiple owners: aI �t-• Title Organization name Date �— If 3,sg 4iie. -�_ ''�?tt;:i ? °2`'r��;r• Ctrs (To be completed only for properties in historic or archaeological districts): 5. Description of physical Appearance: Date of Construction u- 15 ~05 Date(s) ofAlteration(s) Has building been moved? ( )Yes (4io If so, when? 6. Statement of Significance: DOS Form No. HRM01292 Property Identification Number Ia-'�A3- H(0-- - OS $` WS Property Address OD-(O 7. Photographs and maps: Attach photographs and maps to application. LL y t ', Q afltA DOS Form No. HR3E101292 Revised 09/03/00 (To be completed by all applicants): Complete the blocks below. Include site work, new construction, alterations, etc. Property Identification Number la' }Aa —MkO ' t "� - HC1- OS S- COS Property Address '4�L(Q SwcnAx4 Ajaym, c, ,� 3 if'i Feature Approx. ate of feature ; a Describe existing feature and its condition tiW/o � Photo no. Drawing no. Describe work and impact on existing feature: r Feature Describe work and impact on existing feature: Approx. date of feature Describe existing feature and its condition: Photo no. Drawing no. Feature Approx. date of feature Describe existing feature and its condition: Photo no. Drawing no. Describe work and impact on existing feature: DOS Form No. HRM 01292 Revised 09/03/00 Property Identification Number Q, 4—(6— �'i�' ir?"' 141' OSg 005 1 1. Use(s) before improvement: ►2a�t • n4, lus 2. Proposed use(s) after improvement: kgst -. Q � NOTE: Applicants should check with local officials to determine whether or not the exemption program offered by their municipal government and/or county allows the special exemption provided by s. 196.1998, F.S. 1. Identify the governmental agency or non -profit organization that occupies the building or archaeological site: 2. How often does this organization or agency use the building or archaeological site? 3. For buildings, indicate the total useable area of the building in square feet. (For archaeological sites, indicate the total area of the upland component in acres) square feet( ) acres( ) 4. How much area does the organization or agency use? square feet( ) acres( ) 5. What percentage of the usable area does the organization or agency use? % 6. Is the property open to the public ( )Yes ( )No If so, when? 7. Are there regular hours? ( )Yes ( )No If so, what are they? 8. Is the property also open by appointment? ( )Yes ( )No 9. Is the property open only by appointment? ( )Yes ( )No DOS Form No. HR3E101292 Revised 09/03/00 Upon completion of the restoration, rehabilitation or renovation, return this form with photographs of the completed work (views of site improvements, exterior and interior work for buildings) to the Division of Historical Resources or the Local Historic Preservation Office, as applicable. These photographs must provide a comprehensive description of the completed work. They should be the same views as the before photographs included in Part 2 of the application. Type or print clearly in black ink. The final recommendation of the Division of Historical Resources or the Local Historic Preservation Office, as applicable, with respect to the requested historic preservation property tax exemption is made on the basis of the descriptions in this Request for Review of Completed Work. 1. Property identification and location: /` �/ Property Identification Number: /a�' %J "6b'I %- T 9' 40 67 " 0031 Address of property: Street Y604 Cit 00,6 Q Y &ea C h County, f & & &/ Zip Code 2. Data on restoration, rehabilitation, or renovation project: Project starting /s datef � 10 0- � Project completion date: ,�Cc11Mr Estimated cost of entire project: $�J1 Estimated costs attributed solely to work on historic building r archaeological site: $ d 3. Owner Attestation: I hereby apply for the historic preservation property tax exemption for the restoration, rehabilitation or renovation work described above and in Part 2 of the Historic Preservation Property Tax Exemption Application (Application) submitted for this project. I attest that the information provided is, to the best of my knowledge, correct, and that in my opinion the completed project conforms to The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and is consistent with the work described in Part 2 of the Application. I also attest that I am the owner of the property described above or, if the property is not owned by an individual, that I am the duly authorized representative of the owner. Further, by submission of this Application and Request for Review of Completed Work (Request), I agree to allow access to the property by representatives of the Division of Historical Resources or the Local Historic Preservation Office, where such office exists, and appropriate representatives of the local government from which the exemption is being requested, for the purpose of verification of information provided in the Application and this Request. I understand that, if the requested exemption is granted, I will be required to enter into a Covenant with the local government granting the exemption in which I must agree to maintain the character of the property and the qualifying improvements for the term of the exemption. I also understand that falsification of factual representations in this Application or Request is subject to criminal sanctions pursuant the ws of Florida. ,pus & q o Name Signature Dad Complete the following if signing for an organization or multiple owners (See next page for additional owners): Title Organization name Mailing Address o(of & _ /V, J W / /! T-VY /Z V C City 0Q, �/l ,c% qCA , State 4 L-- Daytime Telephone Number (S `� 40-74f" 6 0 7 7 Zip Code . ,,3.3 7' T T DOS Form No. HR3E 10 1292 Revised 09103/00 Page Eleven - Request ibr RevieAr of Coluldctcd Work List Additional Owners: Name Street City Name State Zip Code Street City Name State Zip "Code Street City State Zip Code If there are additional owners, provide the indicated information for each on a separate sheet ofpaper. Property Identification Number At'? 3 — -IV 6 -/ 7- T �- 0 ST - 6OS7f Property Address c2a 4 Al. S Lai n ton A y e. Due- (6&q a 4h, 4,L 3 3 (/YY The Tkk);6ocal Historic Preservation Office ( )Division has reviewed fart 3 (Request for Review of Completed Work) of the Historic Preservation Property Tax Exemption Application for the above named property and hereby: q-Determines that the completed improvements to the property are consistent with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and other criteria set forth in Chapter IA-3 8, FA.C., and, therefore, recommends approval of the requested historic preservation tax exemption. () Determines that the completed improvements to the above referenced property are not consistent with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic_ Buildings, and other criteria set forth in Chapter 1A -38, F.A.C., and, therefore, recommends denial of the requested historic preservation tax exemption for the reasons stated in the Review Comments r.e1 -1 C InouIJINS IN 04, MA4.•� o � OLD cr( -'A k ?) N £ QAseBOAe- j-5 j2w C- @DM M (I Snr a FtcE �o,a ;s $ hew t n% T, je (Zo`G W. 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W0,09 ar&�jam )tos*s • MAABIe S },Awe.rZ w'3Qgss Fix -tu* -e,S. 9003 E f/fl -1-900 F cr f!4A4 r;v+ NE y CAS-6 FA l M UCZ ME V ITTON LAND SURVEYORS LFSTREAM BOULEVARD, SUITE # 209 — DELRAY BEACH, FLORIDA 33483 76 -7575 {OFFICE) — 561 -276 -6621 (FAQ LITTQNLS@BELLSOUTH.NET ERVING PALM BEACH, OVER 0 YAEARS EXPERIENCE �D $T. LUCIE COUNTIES s.No. NORTH SWINTON AVE�Bfl416 Nm_062l LB,p14 76.00'_ _- �po1'3a�— - - 1/4 ab7.44' )V01'38'62"�V _ CI 20' PAVEIAERT 50' TOTAL R/W CORNER 60 {.I.I A Q 15' PARKWAY C CONC. C(C +dam _ At. N - 6' CONC. SIDEWALK �4 A*"> *0 `p, 76.01Y 0t , —CL, 2.61 ~U Q S.I.R. 5/8 ! S.I.R. 5/8' � LB.#7114 I PLANTER 1 i L.B.P14 z I R � � F � .50' CONC. 1 0, ..1 W � r I M k ro I M ASPHALT ORNEWAY oo .j4 P" $'� 1 Q I A� 1 .416 1 21.50 it SCREEN LJ PORCH - �i2.80' ,q I +/ �X 1 1 19.45' + IL_, LOT -5 4 j PROPOSED BLOCK -58 I r LOT -6 12- -STORY 205' 1 REMAINDER o BLOCK -58 N I N- I ADDITION LOT -5 3.00' 1 —STORY I ?y LOT -7 LOT -7 BLOCI —58 Res. #226 I��LOT-7 BLOCK -58 BLOCK -5 0 -58 REMAINDER k M /YROCK + 11 . 0 10.80' 11.65' 7 I 21.50' 8.93' a I + b b ° WOOD I ROOF 12.80'0 142.20' rb f CONC. W0OD ROOF PLANTER 1 "4 I 2 2 4s 62.71' a 40 I te. ' POOL_ �'t N � a 12.40' 62.62' DECK + : OCL '40, d CORC. 47 a WOOD PENCE 3b� 1 i 8 138.62E dpy , L.3.014 14 g air ^WCODM 76.00' .e• wercv 1 DfWYlFAClI ll� AiAe•kapq 1IIII► 20001 Agent: Roger Cope, Authorized Agent Project Name: Rozzo Residence Project Location: 226 North Swinton Avenue DWYEEAM XwAnftav 1II11® 1993 2001 The item before the Board, is the consideration of a Certificate of Appropriateness (COA) associated with the construction of an addition to the extant contributing dwelling located at 226, North Swinton Avenue ( Rozzo Residence), pursuant to Land. Development Regulations (LDR) Section 2.4.6(4 ). The subJect "property consists of the south. orie foot - {1'} of Lot 5; Lot 6;`and the north one -half { %2} of Lot 7, Block 58, Plat of Mestcalf's Stabdivision of Blocks 5(� and 58, Town' of Delray. Located_on the west side of North Swinton Avenue, approximateiy 286' north of NE 2"d Street, the property is i6_ ned Old School Square Historic Arts District (OSSHAD) and_ is within the Old School Square Historic District. The: property' contains a '1,490 square` foot contributing, one- story, Spanish 'Eclectic style single- family dwelling, and a 250 square foot Contributing, Frame Vernacular style accessory garage. While the City's records indicate that 'the contributing single - family, dwelling was constructed in 1920,. there is no definitive build date for the accessory garage:: However, based uponothe variation in archiitecturat. styles, it would appear that the garage was constructed. at a later date, possibly in the late 1.920's. The existing swimming pool, located to the rear (west) of the dwelling, was constructed in 1962. Earlier,. ,this. year the interior .and roof of the extant contributing single - family dwelling were damaged- by fire. This has resulted in the demolition of the majority of the interior as well as repairs to the roof and electrical systems of the dwelling. Prior to commencing with the reconstruction of the dwelling interior {for which a building perriiit.has been issued),- the-.property owners have: elected to move. forward with: a proposal to ..construct ai two-story addition to the south .side of the extant contributing .dwelling for which a Certificate of Appropriateness (COA) has been submitted: The proposed addition will -add 1,888 square feet to the existing dwelling and will consist of two bedrooms and a bathroom on the first floor and a master bedroorn suite on the second floor.. It is noted that the construction of the proposed addition and interior reconstruction would occur simultaneously. LDR Section 2.4.6(4) - Certificate of Appropriateness: Pursuant to LDR Section 2.4.6(J) (5), the Poard must make a finding that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Future Land Use Element of the Comprehensive -Plan and specifically with the provisions of LDR Section 4.5:1. Meeting Date: December 15, 2004 Agenda Item: IU. C. Historic Preservation Board Memorandum Staff Report 226 North Swinton Avenue (Rozzo Residence) -- Old School Square Historic District (COA 2005 -027) Page 2 Future Land Use Element Oblecciiive A-4: The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies. Policy A-4. 1: Prior to approval or recommending approval of any land use or development application for- property located within a historic district or designated as a historic site, the Historic Preservation Board must make a Ending that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Historic Preservation Design Guidelines': !DR Sections 4.5.1(E) (4) and 4.5.1(E) (7), provide guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The guidelines are as -follows: (E) (4) A hisforic:site or building, structure, site, improvement, or appurtenance within a historic district,: shall be altered, restored, preserved, repaired, relocated, demolished; or otherwise_ changed in accordance with the Secretary of the interior's_ Standards for Rehabilitation, as amended from time to time. (E} (7) Tfte consftctfon of new-buildings or . -sf - tcires, . _ or the relocation; alteration, reconstr ration, .&M6jor nepair.or rns�r bdance of `: i bri- contifbatirig building or structure within. a designated historic ,district shall meet the same,. compatibility standards as any matetral change jn . the exterior. appearance of an` existing non - conlr buth.4, building Any material ,change in the exterior appearance of; any existing , nob- contributing building, structure, or..appurtei7ence in a designated historic district shall be generally compatible. with..tlte form propor(ion, mass, configuration, building mAtenal, texture, color, and location of,histofiD buildings; - structures, or sites adjoining or reasonably, approximate to the non- contnbviing builaTirrg, structure, or site. bdstructues and Ie addtri - LD2 'S4.b1(E) (8) staes that all improvd`mens to u appurtenances Hiithin' a historic shall be visualy conipatie�li� arid that visual`compatibiiity shair- defarhiined upon criteria (a)' through (k). The criteria applicable to'the'' development proposal are as follows: (a) Hei ht: The height of proposed buildings or modifications shall be visually- compatible in comparison or relation to the height of existing structures and buildings. Proportion of- Openines :fKrIndows and Doors): The openings of any building within` a historic:: distnct> shall: be. visually .:compatible with the- 'openings exe►.nplif►ed by the prevailing historic architectural styles_ within the historic district. The relationship of the windows :and doors to the height of windows and doors among buildings within the districtshall Abe visually compatible. (g) Relationship of Materials. Texture, and Color: The relationship of materials, texture, and color of the facade 61-7Y building shall be visually compatible with the predominant materials used in-the historic - sites; buildings, and structures within a historic` district.. (h) Roof Shapes: The roof shape of a building or structure. shall be visually compatible with the roof shape of a historic site, building, -or structure within a historic district. �) Scale 6f a, Building. The. size of a building, the building mass in relation to open spaces, windows,, door openings, balconies, and porches shall be visually compatible.. with the building . size and building mass of historic sites,. buildings,, and structures within a historic district. Historic Preservation Board Memorandum Staff Report 226 North Swinton Avenue (Rozzo Residence) — Old School Square Historic District (COA 2005 -027) Page 3 The Secretary of the Interior's Standards for Rehabilitation recommend that: • New additions, exterior alterations, or related new construction shag not destroy historic. materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment • New additions and adjacent or related new construction shall be undertaken in such a. manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. The Delray Beach Historic Preservation Design Guidelines include the following with regard to additions: • Locate an addition as inconspicuously as possible, usually to the rear or least public side of a building. • Additions or accessory structures should not be located in front of the established front plane-of a historic building. O . In a historic district consider the surrounding buildings and the compatibility of the addition in terms of size, scale,. materials, mass: and -roof form. 0 Insure that the addition is secondary and subordinate to the main mass of the .historic building. Additions that overwhelm the original building are not an acceptable solution. Analysis. As noted above, the proposal is to construct a 1,8€..8 square foot, two -story addition on the sotith- side. of the extant - contributing single - family• dwelling.. The addition will be *constructed i6" the same Spanish Eclectic style as the extant structure as well-as' being compatible with regard to massing, size, scale and architectural •features. However, the addition will be dearly differentiated from the original building. This differentiation will be ensured. principally by -the height of the addition, but also by the use of a hipped roof as opposed to the fiat roof found on the extant structure. As mentioned above, height is one of the differentiating characteristics between the addition and the extant historic structure. While differing from the original building, the height of the` addition (approximately 24') will be visually compatible. Further, the addition is approximately 23' wide as compared to the original structure which is approximately 35' wide. Thus, the addition will not overwhelm the original building and the height of the addition and use of the hipped roof is consistent with the Spanish Eclectic style of architecture. The height as well as the massing, size and scale of the addition will also be compatible with the surrounding buildings within the district. While one -story buildings are the most prevalent within the district, there are numerous two-story buildings as well. The addition will consist of a barrel file roof to match the existing and aluminum framed casement windows in the same style as the extant historic building. The palm tree medallion found on the extant building will be replicated and used on the addition. The relationship of the openings in the addition and the materials, textures and colors (white with pale blue accents) of the addition will be consistent with those of the extant building as well as being visually compatible with the overall district. It is noted that the design of the addition, while consistent and compatible with the original structure, is such that it could potentially be utilized separately from the extant historic dwelling. Historic Preservation Board Memorandum Staff Report 226 North Swinton Avenue (Rozzo Residence) — Old School Square Historic District (COA 2005 -027) Page 4 As such, modifications to the proposed floor plan may be necessary to eliminate this potential, and staff will work with the applicant to this end. Based upon the above, positive findings can be made with regard Sections 2.4.6(J) (5) and 4.5.1 of the Land Development Regulations as.- well as the Secretary of the Interior's Standards for Rehabilitation and the Delray Beach Historic Preservation Design Guidelines. A. Postpone with direction. B. Move approval of the Certificate of Appropriateness for 226 North Swinton Avenue (Rozzo Residence) by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Sections 4.5.1(E) (4), (E) (7), and (E) (8) . (a -k), 4.5.1(F), and 4.5.1(J), the Delray Beach Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Move denial of the Certificate of Appropriateness for 226 North Swinton Avenue (Rozzo Residence) by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Sections 4.5.1(E) (4), (E) (7), and (E) (8) (a-k), 4.5.1 {F) and 4.5.1'(J), the Delray Beach Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. . Move, approval of the :Certificate of .Appropriateness -for 226 North, Swinton Avenue (Rozzo Residence) j y adapting .the findings .of fact and law contained in the staff report, and finding that the request and;approval thereof is consistent with the. Comprehensive Plan- and meets the criteria set forth in LDR Sections 4.5.1(E) (4), (E) (7), -and (E.).(8) (a *), 4.5.1(F) and 4.5.1(J), the Delray. Beach Design. Guidelines,: and. the Secretary of the Interior's _Standards for Rehabilitation. 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