TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: March 5, 2024
Title
RESOLUTION NO. 49-24: 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 THE CONSTRUCTION OF A TWO-STORY DUPLEX ON A PORTION OF THE PROPERTY LOCATED AT 19 SE 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL)
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Recommended Action:
Recommendation
Review and consider Resolution No. 49-24, 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 1 (A.K.A. Magnolia Place).
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Background:
The subject property is to be known as Lot 1 within the proposed Downtown Delray Villas project, a new 5-lot subdivision plat to be known as Magnolia Place (under separate application). The subject property is currently known as 19 SE 1st Street and contains the South one half of Lot 13 and all of Lot 14, 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 1-story Ranch style, 4-unit residential structure (quadraplex) constructed in 1950 currently exists on the subject property.
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 existing structure is not considered to contribute to the district’s historic building stock, and therefore, is classified as non-contributing. However, a 2005 Florida Master Site File Historical Structure Form notes that “it contributes to the district as a modest example of domestic architecture...” Additionally, with the 2020 - 5 District Historic Resource Resurvey, which has been completed but is not yet adopted, the property is recommended to be reclassified as a contributing resource.
The request proposed includes the following:
• Demolition of the existing quadraplex 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 four variances and one waiver request:
• A variance to exceed the maximum lot coverage from 40% to 41.3%;
• A variance to allow a reduction in the required 10’ side interior setback to 6’5” for a swimming pool associated with the rear (west) duplex unit;
• A variance to allow a reduction in the required 10’ side interior setback to 6’5” for a swimming pool associated with the front (east) duplex unit;
• A variance to allow a reduction in the required 25’ front setback to 9’10” 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
LDR Section 2.4.11(A)(6) provides findings for alternative variances for historic properties:
(a) That a variance is necessary to maintain the historic character of property and demonstrate that the granting of the variance would not be contrary to the public interest, safety, or welfare.
(b) That special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places.
(c) That literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character of the historic district or historic site.
(d) That the variance requested will not significantly diminish the historic character of a historic site or of a historic district.
(e) That the requested variance is necessary to accommodate an appropriate adaptive reuse of a historic building, structure, or site.
LDR Section 2.4.11(B)(5) provides findings for the approval of a waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and
(d) Does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner.
On January 17, 2024, the Historic Preservation Board denied the request for a Certificate of Appropriateness (2023-134), Demolition, Variances, and Waivers by vote of 4 to 3 (Finn, Miller, Heredia, and Brewer).
On January 19, 2023, the Applicant filed an appeal of the decision of the Historic Preservation Board
The Resolution under consideration is a de novo hearing of the proposed 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.
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