TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: March 5, 2024
Title
RESOLUTION 53-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OVERRULING THE DENIAL OF A CERTIFICATE OF APPROPRIATENESS, DEMOLITION, WAIVER, AND VARIANCES BY THE HISTORIC PRESERVATION BOARD AND APPROVING SAME FOR A TWO-STORY DUPLEX ON A PORTION OF THE PROPERTY LOCATED AT 130 SE 1ST AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL)
Body
Recommended Action:
Recommendation
Review and consider Resolution No. 53-24, approving a Certificate of Appropriateness, Demolition, Variances and Waivers for the construction of a 2-story duplex structure on the property to be known as Downtown Delray Villas- Lot 5 (A.K.A. Magnolia Place).
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Background:
The subject property is to be known as Lot 5 within the proposed Downtown Delray Villas project, which is a new 5-lot subdivision plat to be known as Magnolia Place (under separate cover). The subject property currently contains portions of the building located at 130 SE 1st Avenue and specifically contains portions of lot 18 and all of lot 19, Amended Plat of Sundy and Cromer’s Subdivision of Block 70, Original Town of Linton (now Delray), according to the plat thereof as recorded in Plat Book 6, Page 17, Public Records of Palm Beach County, Florida. A non-contributing multi-family structure constructed in 1922 currently exists on the property. There were alterations made to the structure circa 1983 that affected its potential contributing status.
The property is zoned OSSHAD (Old School Square Historic Arts District) and is located within the Locally Designated Old School Square Historic District. Based on the “Period of Significance” for the Old School Square Historic District, the aforementioned structure is not considered to contribute to the district’s historic building stock, and therefore, is classified as non-contributing.
The request proposes the following:
• Demolition of the existing single-family structure
• Construction of a new, 2-story, French Colonial style duplex structure (to be configured with one unit fronting on SE 1st Avenue and the other unit fronting on the north/south alley in the rear of the property)
• Construction of swimming pools and 2-car garages for both units
The request also includes 4 variances and 1 waiver request as follows:
• A variance to exceed the maximum lot coverage from 40% to 45.5%;
• A variance to allow a reduction in the required 10’ north side interior setback to 5’4-1/2” for a swimming pool associated with the rear (west) duplex unit;
• A variance to allow a reduction in the required 10’ south side interior setback to 8’11” for a swimming pool associated with the front (east) duplex unit ;
• A variance to allow a reduction in the required 25’ front setback to 10’8” for a swimming pool associated with the front (east) duplex unit;
• A waiver to the historic preservation Visual Compatibility Standards to allow the front duplex unit to encroach within the required Building Height Plane.
On January 17, 2024, the Historic Preservation Board denied the request for a Certificate of Appropriateness (2023-135), Variances, and Waivers by vote of 4 to 3 (Finn, Miller, Heredia, and Brewer).
On January 19, 2024, the Applicant filed an appeal of the decision of the Historic Preservation Board.
The Resolution under consideration is a de novo hearing on the proposed Certificate of Appropriateness application. Development on historic properties is subject to the provisions of LDR Section 4.5.1 Historic Preservation: Designated Districts, Sites, and Buildings, the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as well as findings for waivers and variances.The attached Staff Report provides a full analysis of the application.
City Attorney Review:
Approved to form and legal sufficiency.
Funding Source/Financial Impact:
N/A
Timing of Request:
N/A