330 Broadway currently contains a home built in 1921 that's been used as offices since 1955. It will either be demolished or moved to make way Fountain VU 5.
Join Daily City's Podcast & E-NewsletterBy Mark Baratelli
We told you February 12th that a home built in 1921 may be demolished at 330 Broadway Ave as part of a master plan request submitted by Mark Kinchla (pictured at left) to the city to construct on that lot a five story, 56.5 feet tall, 5 unit, rear-loaded, townhome development called Fountain VU 5.
Mark Kinchla is an Orlando Historic Preservation Award Winner and is responsible for several developments downtown including Fern Creek 20 and Sansara.
The City of Orlando Appearance Review Board staff has been working with the Kinchla for six months on perfecting Fountain View 5. As the design has evolved, the focus has been on the exterior façade treatments, and the massing of the structure. ARB staff believes the exterior architecture design is close to being ready for an ARB Final Review.
So what will happen to this 1921 home currently on the property?
The Lake Eola Heights Historic Neighborhood Association wants it moved. Orlando and Winter Park knows historical houses can be moved. Remember Capen House? They wanted that thing saved so bad they cut it in half, floated it down the river and re-assembled it.
According to the Association, the property owners of a house across the street from 330 Broadway have an adjacent empty lot onto which they're willing to let the house be moved. The house will only fit if placed sideways. Also, they said there are 5-6 empty lots in the neighborhood that could accommodate this house.
The Municipal Planning Board public hearing for Fountain VU 5 is scheduled for March 20, 2018.
The long weird history of 330 & 334 Broadway
1982
In 1982, a small group of homeowners in the area north of Lake Eola went to the City of Orlando with concerns about the area including demolishing of historic homes dating back to the 1800s, absentee landlords, boarding houses filled with 7 renters per house and more. The City responded by helping the homeowners create a historic district that would preserve and protect one of the oldest and most historically significant areas of Orlando forever. The district eventually include 120 acres in total.
1987
In 1987, lawyers Gary Boynton and William Berzak purchased two homes at 330 and 334 Broadway Avenue.
330 Broadway was built in 1921 and has been used as offices 1955 according to Gary Boynton's lawyer, Janet M. Courtney.
334 Broadway was built in 1913 by builder F.A. Peppercorn for Herman Hillman who platted this area of the City in 1910 as Hillman’s Second Addition. The structure is a Frame Vernacular residence and a contributing structure in the Lake Eola Heights Historic District and could be, with additional research, individually eligible for the National Register of Historic Places for its historic associations with F.A. Peppercorn and Herman Hillman. F. A. Peppercorn was a well known builder and went on to build the Delaney School and many other structures in Orlando. It has since been divided from single family to three units and used as rental property.
1982
In 1982, a small group of homeowners in the area north of Lake Eola went to the City of Orlando with concerns about the area including demolishing of historic homes dating back to the 1800s, absentee landlords, boarding houses filled with 7 renters per house and more. The City responded by helping the homeowners create a historic district that would preserve and protect one of the oldest and most historically significant areas of Orlando forever. The district eventually include 120 acres in total.
1987
In 1987, lawyers Gary Boynton and William Berzak purchased two homes at 330 and 334 Broadway Avenue.
330 Broadway was built in 1921 and has been used as offices 1955 according to Gary Boynton's lawyer, Janet M. Courtney.
334 Broadway was built in 1913 by builder F.A. Peppercorn for Herman Hillman who platted this area of the City in 1910 as Hillman’s Second Addition. The structure is a Frame Vernacular residence and a contributing structure in the Lake Eola Heights Historic District and could be, with additional research, individually eligible for the National Register of Historic Places for its historic associations with F.A. Peppercorn and Herman Hillman. F. A. Peppercorn was a well known builder and went on to build the Delaney School and many other structures in Orlando. It has since been divided from single family to three units and used as rental property.
1989
On May 15, 1989, Mr Boynton appeared at a City Commission hearing expressing concern about the impact of the district designation on their two properties. They asked the commission to confirm that their properties could not be part of the historic district as they were both zoned O-2boffice saying "It's basically my impression that all businesses have been exempted (from the district)..."
According to the Council transcript, City Council person Rick Bernhart responded "The policy, if he wants his building to expand, the only place that property applies is currently residential. So the policy doesn't apply, only to R/2B property, not any annexed property or office zone."
Boynton took that statement to mean that due to the office zoning of his properties, neither would be included in the historic zone and believed he had no further action to take to prevent them from being included.
Once the boundaries of the district were created, notices were sent out to all property owners informing them that the Lake Eola Historic District was forming and those on the fringe were asked whether they wanted to be included or not. Those choosing to remain in the district would be under the rules and regulations set forth upon final adoption.
Once the boundaries of the district were created, notices were sent out to all property owners informing them that the Lake Eola Historic District was forming and those on the fringe were asked whether they wanted to be included or not. Those choosing to remain in the district would be under the rules and regulations set forth upon final adoption.
The two properties owned by Gary Boynton and William Berzak were on the fringes of the district. It is not known if they received the notices.
In 1989 the City of Orlando adopted an ordinance creating the Lake Eola Heights Historic District with final adoption on May 22, 1989.
The two houses were included in the historic district.
1992
In 1992 the Lake Eola Historic District was approved to be placed onto the National Register of Historic Places.
The two houses were included in the historic district.
1992
In 1992 the Lake Eola Historic District was approved to be placed onto the National Register of Historic Places.
2007
In 2007, the two lawyers approached City staff about demolishing both buildings to redevelop them under 0-2/T/HP zoning category assigned to them which permits development of office use up to 75 feet.
The neighborhood association unanimously opposed the demolition of the two houses. They asked the Historic Preservation Board to "follow the guidelines set forth by the Secretary of the Interior's "Standards for Rehabilitation."
City Staff said the buildings were in the Historic District and that they could not be demolished.
On April 2, 2007 their lawyer, Hal Kantor, says Boynton was faced with the alternative of bringing a cause of action against the City "resulting from the misleading information delivered to him at the 1989 City Commission meeting. But due to meetings with various City staff, it was suggested by the City that a compromise be created.
The City Attorney advised the Historic Preservation Officer that "it was in the City's best interest not to make a formal recommendation against the demolition of 334 Broadway based on what was said by the City Commissioner in 1989."
In an August 28, 2007 petition filed with the City by Boynton's lawyer, a "compromise" demolition plan was offered up. It edited their desire to demolish both homes. They'd instead only demolish 334 Broadway and replace it with a 3-story office building using the backyard of 330 Broadway as a parking lot. They'd also demolish a rear structure behind 330 Broadway to add more parking. Their compromise also stated they would follow the requirements set forth in Section 62.708.
They gave two reasons why this new demolition compromise request should be approved:
1. Economic hardship set forth in 62.708 and 62.708 - They said it'd cost $113,600 to make needed repairs to the operating systems and structural integrity of 334 Broadway.
2013
On February 20, 2013, a mediated settlement agreement between the City of Orlando and Gary Boynton was executed. The amendment called for 330 Broadway to be removed from the Lake Eola Heights Historic District and the Official Zoning Map amended from O-2/T/HP to O-2/T. The settlement also included saving 334 Broadway but downsizing its lot to 50 feet.
On December 17, 2013, the Municipal Planning Board recommended approval of the rezoning of 330 Broadway Avenue from O-2/T/HP to O-2/T (Case #ZON2013-00025). By nature of the rezoning, it also excluded this property from the Lake Eola Heights Historic District.
2014
On September 16, 2014 Staff requested approval to revise the boundary of the Lake Eola Heights Historic District to exclude property located at 330 Broadway Avenue.
Getting 330 Broadway out of the district:
The neighborhood association unanimously opposed the demolition of the two houses. They asked the Historic Preservation Board to "follow the guidelines set forth by the Secretary of the Interior's "Standards for Rehabilitation."
City Staff said the buildings were in the Historic District and that they could not be demolished.
On April 2, 2007 their lawyer, Hal Kantor, says Boynton was faced with the alternative of bringing a cause of action against the City "resulting from the misleading information delivered to him at the 1989 City Commission meeting. But due to meetings with various City staff, it was suggested by the City that a compromise be created.
The City Attorney advised the Historic Preservation Officer that "it was in the City's best interest not to make a formal recommendation against the demolition of 334 Broadway based on what was said by the City Commissioner in 1989."
In an August 28, 2007 petition filed with the City by Boynton's lawyer, a "compromise" demolition plan was offered up. It edited their desire to demolish both homes. They'd instead only demolish 334 Broadway and replace it with a 3-story office building using the backyard of 330 Broadway as a parking lot. They'd also demolish a rear structure behind 330 Broadway to add more parking. Their compromise also stated they would follow the requirements set forth in Section 62.708.
They gave two reasons why this new demolition compromise request should be approved:
1. Economic hardship set forth in 62.708 and 62.708 - They said it'd cost $113,600 to make needed repairs to the operating systems and structural integrity of 334 Broadway.
- David J Martens, President of the Lake Eola Heights Historic Neighborhood Association, said the costs for construction were inflated and the house could sell, due to current real estate values and the success of the neighborhood's historic destination, for up to $1,000,000.
- David J Martens said Gary Boynton didn't ask the Commissioner a question, but made a statement. He says Commissioner Rick Bernhart was only explaining to Boynton that the two properties would not be down zoned to R-2B like the remainder of the neighborhood because only residential would receive the down zoning. His property was O-2 Office.
2013
On February 20, 2013, a mediated settlement agreement between the City of Orlando and Gary Boynton was executed. The amendment called for 330 Broadway to be removed from the Lake Eola Heights Historic District and the Official Zoning Map amended from O-2/T/HP to O-2/T. The settlement also included saving 334 Broadway but downsizing its lot to 50 feet.
On December 17, 2013, the Municipal Planning Board recommended approval of the rezoning of 330 Broadway Avenue from O-2/T/HP to O-2/T (Case #ZON2013-00025). By nature of the rezoning, it also excluded this property from the Lake Eola Heights Historic District.
2014
On September 16, 2014 Staff requested approval to revise the boundary of the Lake Eola Heights Historic District to exclude property located at 330 Broadway Avenue.
Getting 330 Broadway out of the district:
Where it lies in relation to the entire district:
2017
Six months ago, Mark Kinchla began working with Douglas A Metzger, Appearance Review Official and Downtown Appearance Review Board Coordinator on the layout and design of (Fountain VU 5)." The Fountain VU 5 is five story, 5 unit, rear-loaded, townhouse building. It will be built at 330 Broadway, site of the 1921 house.
In a 2018 letter to Jeff Thompson, Metzger stated, "(The design) has gotten better and better, but from a staff standpoint we do not think the project is there yet, there is still work to be done." According to the Board, the units are similar to the units Kinchla created for his Samsara building.
330 Broadway is designated as a contributing structure in the Lake Eola Heights National Register of Historic Places despite it being outside the district. However, that does not mean it's protected, as it is outside the historic district.
2018
A master plan request was submitted to the City by Mark Kinchla for Fountain VU 5.
On January 22, 2018 330 Broadway was sold by Gary Boynton (Broadway Law Center Of Orlando LLC registered 2013) to Mark Kinchla (Fountain Vu LLC registered 2017).
On February 12, 2018, the Lake Eola Heights Historic Neighborhood Association requested in a letter to the City that 330 Broadway be moved instead of demolished. They also wanted the height of the new towhouse project reduced to 3 stories (The Vue is allowed to go as high as 75 feet), the Broadway frontage to be better addressed and the architectural style me made more compatible with the neighborhood.
On February 15, 2018 the project went before the Appearance Review Board for a courtesy review. Douglas A Metzger said in that same email "This is a non-action item where the staff and board members provide comment to the applicant about their project. The intent is to give the applicant some direction early in the approval process that staff and board members will be looking for when the project comes back for their actual approval prior to submitting for building permits."
There's a public hearing at the Municipal Planning Board meeting March 20, 2018 for the Fountain VU 5 townhouse project.
Fountain Vu 5 Plans
334 Broadway Renovation Plans:
So what happens to 334 Broadway? - On December 6, Mark Kinchla requested a Major Certificate of Appropriateness which went before the Historic Preservation Board for changes to 334 Broadway. He wished to construct additions to the rear and side of the structure and a cabana building in the rear yard. He also requested a side yard variance to allow the addition of a porte-cochere. That same month he also registered Fountain Vu LLC with the state.
Fountain Vu 5 Plans
Plans for 330 Broadway submitted to Municipal Planning Board
Plans for 330 Broadway submitted to Municipal Planning Board. This shows the property before and after.
Side
Side
334 Broadway Renovation Plans:
The cabana plans