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MInutes 02-13-78MINUTES OF THE REGULAR ~ETING OF THE B0~D OF ADJUSTMJ~NT HELD AT CITY ~LL, BOYNTON BEACH, FLORIDA MONDAY, FEBRUARY, 13, 1978 AT 7:00 P. Mo RESENT Vernon Thompson, Jro, Chairman David W. Healy, ~ic'e Chairman Carl Zimmerman, Secretary' Ben Adelman Lillian Bond Joe Maiorana Foy Ward Charles Rodriguez, Alternate Bert Keehr, Asst. Building Official ABSENT Bill Cwynar~ Alternate Chairman Thompson called the meeting to order at 7:00 P. M. and introduced the members of the Board, Assista~t Building Official, and Recording Secretary. ~NUTES OF JANUARY' ~ . ~ 978 ~. Healy moved to approve the minutes, seconded by ~M. Maioranao Motion carried 7~0. C 0RR~S PONDE ~CE ?~. Zimmerman read a memo from ~or Emily M. Jackso~ regard- ing operating under the Sunshine Law, Florida Statute 286. He referred to an attac~ent noting a particular paragraph and Chairman Thompson requested ~s~ Kruse to have a co~ of this Statute, Page ~31!, forwarded to each member with the minutes. Chairman Thompson announced that information had been received from the City Attorney concerning the duties and responsibili- ties of the Board of Adjustment and advised that a copy would be given to each member for their review. Mr. Healy distri- buted missing sheets from the previous communication from the City Attorney and explained that these were pages 856 and 857 to be inserted. Uh~FINiSHED BUS I~SS ~. Adelmanreferred to Mr. Eeehr obtaining zoning maps and F~. Keehr informed him that he was still working on obtaining them. PUBLIC HEARING Parcel #~ - Lot 33, The Lawns Recorded in Plat Book 9, Page 6.9 Palm Beach County Records MINUTES BOARD OF ADJUST~NT PAGE TWO FEBRUARY 13, 1978 Parcel #I (Conto) Request - Relief from 20 ft. side setback requirement to 0 ft. side setback. Relief from ~0 ft. rear setback requirement to 9.78 ft. rear set~ back to construct storage building. Address - 650 S. E. 2nd Avenue Applicant - Sterling V±llage C~ndominium, Inc. Mr. Zimmerman read the above application and read that it was based on the hardship of a u~ity of title being impossible due to legal restrictions involved in multiple ownership with 840 owners in Sterling~illag~. Chairman Thompson asked if anyone was present representing the applicant. ~o JOhn Adams, 770 Horizons East~ appeared before the Board and advised that he has been living here for 11 years and t month. He asked if the Chairman and members of the Board were going to conduct the meeting on the basis of allowing a number of people to address the Board on the reasons in detail, answer questions and have rebuttal? Chairman Thompson informed him that everyone for or against this variance will have the oppor- t~zuity to speak~ If those in favor are allowed to give rebut- tal, the opposition must be allowed to. There will be no time set, but th~ Bo~d is interested in having all the facts brought out. Mr. John Adams stated that several officers of the Board of Directors were present together with the fulltime manager and some others in support of the Board of Directors' viewpoint and petition. He referred to some of th~ members possibly not having knowledge of the site and showed a gover~ent sur~ vey map. He pointed ou~, that 42 acres comprise Sterling Vil- lage with 29 apartment unit buildings with a recreation center~ He told about the Balmoral Rental Towers having a comparable building adjoining this lot. He referred to this being close to Bldg. 210, but pointed out the access. He told about the maintenem~ceinvolved to take care of 17 acres in grass and how there were problems with storing the equipment and mater~ ials. He referred to there being 840 units and advised that the building closest to this lot contained 36 units~ He ex- plained howiit would be built comparable to the storage faci~ lity on the adjDining lot. He explained how the width of the building would have to be decreased if they could not use the zero setback. ~. Rodriguez referred to the use of the adjoining structua, e and ~ ~m. Adams informed him that it was used by Mr. Folsom personally and for Balmoral Towersrequirements. ~m. Ward referred to the survey noting disturbance of the stakes in the southeast and northeast corners and ~ Adams MINUTES BOARD OF ADJUSTMJENT P~GE THREE FEBRUARY 13, 1978 requested F~. Rogers, their manager, to answer this question. I~ Bob Rogers, 920 No We 13th Avenue, appeared before the Board and replied that he could not answer, but can only ss~y it is..pretty obvious the survey shows a slight discrepancy between the two points, the one on the northeast and the one at the southeast corner, both apparently not within their consideration simply bec'ause they did not feel it was that critical at this point. ~o Ward explained how this could possibly result in the encroachment on someone else~s proper~ ty and Mr. Rogers replied that they would be encroaching on their own property because the Association owns the property to the east and south. Mr. Keehr stated he would assume that since it has been pointed out by the surveyor the stake has been disturbed, the line drawn ~ ft. to the east of that stake is the property lin~ and M~. Ward replied that this was not stated. ~. Keehr agreed, hut stated he did not feel there would be any reason to say it was disturbed if it was not fact. ~. Ward asked where it ended and Mr. Keehr re- plied that he assumed it would be at the line. ~. Ward stated that this was not stated. Mr. Healy referred to the statement that if the zero side yard was denied, a smaller building would have to be con- structed and asked if this would interfere with the build- ing rights and Mr. Rogers replied negatively. ~. Adams clarified that if they were required to maintain a 20 ft. setback on the west side, then instead of having a 30 ft. wide bmilding, they would have to cut it down to 25 to 28 ft. M~. Adams then requested that their First Vice President in 8harge of grounds and streets be allowed to present his views of what is involved here. ¥~. George Zimminel, 610 Horizons East, ~partment 305, ap- peared before the Board and advised that he has been entrusted by the people of Sterling Village to maintain and keep their place beautiful. He told about the storing of material being unsightly, objectionable, etc. and constantly receiving com- plaints. The opportunity has presented itself that they pur- chase this piece of property and erect a building on it simi- lar to the one which exists adjacent at Balmoral Towers. He told about plans to keep this building in the same order and appearance as the present buildings with shrubbery planted and landscaped properly. He stressed that it i~ imperative and important to h~ve some storage place for the materials. If not a~owed, they will have to continue under the present method which is not in acceptance to the vast majority of the people in. the complex. They do not know what the nents have in mind, but there are 840 residents at Sterling Village a~d they, as Board members, are responsible and obli- gated to please the vast majority rather than a small minority. They must consider the majority first. MI~TES BOARD OF AD,STUdeNT PAGE FOUR FEBRUARY 13, 1978 YL~. Ward asked if they owned the surro~uding property and N~. Adams replied that each building is occupied by either 24 in the two story buildings or 36 in the three story buildings and they are the owners of the land on which the building stands which also incorporates the land, grass, and part of the streets surro~muding that particular building. The Association does not own this land. He explained how the Board of Direcm tore have the authority to represent the people and would say in substance that they control the land referred to. The Association does not own it, bat the unit owners do~ but can- not separate the~elves from the entire membership of the Association. ~. Ward asked if the Association approved this building and it would belong to them and ~. Adams replied affirmatively. ~. Adams added that for the benefit of the people planning to express opposition that this building and land is not simi- lar to what is known as common element~ it is comparable to a pickup truck they use for carrying materials around. The land and building is the property of the Association. Mr. Ward re~erred to the statement that if they encroached on the east side of this property, it was their property and ~. Adams clarified that they do not own the land contiguous to the south or east. Mr. Rodriguez asked if the Association owned any other land and Mr. Adams replied affirmatively and told about ewning two~.~ pieces of land with two small buildings know~ as laundraette ~ service buildings. He pointed out on the surv®y that one was contiguous. This is property of the Association, but was deeded tO the Association by the developer. He told about the ownership being obtained as a settlement of a lawsuit with the property being deeded to them and the developer cancelling the 49 year lease. M~. Adams referred to the question of the stakes and stated he thinks they were wrongly placed and this can be corrected and ~K~. Ward replied that we cannot go by assumption a~ud if it needs straightening out, the surveyor should have taken care of this. Mr. Healy asked if there was any other vacant land in the compound that could be used for this storage building either owned by the Association or someone else and M~. Adams re- plied negatively and added that as he oointed out, the land which the Association owns mn the complex are the areas around the laundraette service buildings, one which is con- tiguous to Lot 33. There have been various suppositionsmade by some unit owners and suggestions to use some of the land used as pu~ting greens, but they are not owned by the Associa- tion. MINUTES BOARD OF ADJUSTMENT PAGE FiVE FEBRUARY 13, 1978 Chairman Thompson asked if anyone else desired to speak in favor of this variance and received no response. He asked if anyone wished to speak againsti::~he.~ariance mud the follow- ing appeared before the Board. Mr. Albert Schueler, 210 Horizons East, Apt. 309, appeared before the Board and stated that the people in Building 210 are utterly opposed to any type of building on this lot. He requested the Secretary to read the outline he submitted. ~o Ward asked if this building was located right next to the property in question and M~. Schueler replied affirmatively and added that the building would be right under their bed- room windows. Mr. Zimmerman read a letter submitted by Ms. Schueler as Building Representative for and in behalf of the owners in Bldg. 210 protesting any type of building on this lot~ It referred to Bldg. 2~0 being only I2 feet from the Australian Pine hedge and explained how many bedrooms would be close to the proposed building. They contend the proposed building would become a nuisance, especially in the hot wea~ ther with the roof reflecting excessive heat against their apartments and closing off any air circulation next to their building. It referred to the physical conditions of the resi- dents and how a building being so close would make things uncomfortable. Reference was made to repairs being made to the equipment in this building causing gasoline fumes and un- wanted noises. It is requested that this land be restricted against any type of building or other types of nuisances. ~s~ Bond referred to the other storage building being there and asked if they had presented objections to that and Mr. Schueler replied that they had no notice about that building. He added that they were not notified when the proposition for this new building was started which is in violation of the condominium laws so 75% of the owners csm vote on it. Rodriguez asked if they opposed the original building and M~. Scnuel~ replmed they had no chomce mn that matter. ~. Zimmerman asked how long this building had been there and ~. Sch~eler replm~d approxmmately three to four years at least. M~s. Bon~ questioned the use and Mr. Schueler told about it being used for the storage of ski equipment and parking of an automobile. Mr. Dwayne Folsom appeared before the Board and advised that he owns the property in question at Balmoral Towers. He does not have any opposition to this building proposed, but came to find out exactly what is proposed. What kind of building is~in question? ~Ms. Bond replied that it was supposed to be similar to his building and M~. Zimmerman added that it would be 50 ft. long and 30 ft. wide. Mr. Folsom referred to state- ments about gasoline fumes, noise, etco and stated that he has not received any complaint of any type about his maintenance building in the 8½ years it has been there. However, he can see the point being made of Bldg. 2~0 being directly by it. MINUTES BOARD OF ADJ~JSTMENT P~AGE SIX FEBRUARY 13 , 1978 Chairman Thompson referred to him being the owner next door and questioned his objection and ~. Folsom clarified that he does not have an objection~ but wanted to have more infor- mation~ R~ Zimmerman asked if his land was zoned commercial when he built and Mr. Folsom replied affirmatively and added that no variance was required and it was built according to the code° ~. Zimmerms. n clarified that Lot 33 has been re~ zoned to R~3 which makes a difference~ ~. Folsom referred to owning a sizable piece of property and asked if it was their intent to store sand, etc. on the inside or outside of this proposed building and M~s. Bond replied that it was stated that the building would be landscaped and the exterior kept in a pleasing manner. Chairman Thompson added that it was also stated that their intent was to store everything inside and keep all material out of sight. Mr. Folsom stated that he was familiar with the operation of Ster- ling Village and his experience with them has been quite favor~ able in the last ten years$ however, he can understand the objection from the people in this one building since it will be right against it~ Mr~ Healy asked if he lived on the pro~ perty and ~. Folsom replied affirmatively and added that he has for the past ten years~ ~. Joe Auer, B!dg~ 210, appeared before the Board and referred to discussing the location of the building and stated they did not discuss what really is going to go on after the building is built. Storage has been talked about, but other things will be there such as the repairing of vehicles. He told about a shanty being towed in with the maintenance equipment now and how the equipment is unloaded and started caUsing fumes and smoke. He told about this being detrimental to most of the people in this building having health problems. Also, the building would be bad enough with stopping the air ~ud spoil- ing the appearance. Also,~st it be 20 ft. from Mr. Folsom's building, but only 6 to 7 ft. from their fence line? How come it would have to go 20 ft. away from another storage building and be forced on them? It is not fair! They have lived there for ten years and have been happy and now this is proposed. Other places were considered, but there were objections, so why force it on them? The other places were more ideal and away from peoples' property. This is about the worse place it could be built. It was also done in a sneaky way with a down payment being made on the lot without anybody knowing it. That is not the way to do things. The people have their rights and should be fairly considered. Should this Board~allow this building to be built, it would request that the uses be stated in writing such as Storage for sand and gravel and not all types of machinery and un- loading with motors-kept running putting out exhaust fumes. There should be some rest~ic tions what they will be allowed to do if the building is allowed. MINUTES BQARD OF ADJUST~NT PAGE SEVEN FEBRUARY 13, 1978 ~. Healy questioned the other places he mentioned where this could be built and Mr. Auer informed him that this building was planned in different places several years back, but there were objections. Mx. Healy asked if those places were still available and Mro Schueler informed him there were grass plots and some of the buildings on the south end have 100 ft. between the buildings. Mr. Ward suggested that what is allowed in this zone be read from the Code Book and Mr. Zimmerman added that he questioned whether the useage being contemplated fits into the permitted uses under R-3 zoning and Mr. Keehr informed them that this was discussed by the City Planner and Building Official and it was agreed that this is a permissable accessory use to the Sterling Village complex. They have been built all over the City and every large apartment complex has a building of this nature. Although the book does not stipulate a storage build- ing, it is permitted as an accessory use~ ~. Ward asked if it included gasoline motors and repairs and Mm~. Keehr replied that the Fire Marshall would check that and he is quite certain that it would not be permitted. Chairman Thompson stated he questioned this type of building being allowed and read the applicable section from the code. ~. Keehr informed him that accessory buildings are permitted in all residential zones. M~. Healy read the section of the code pertaining to setback~ and asked if this would be 12 ft. from the prin- ciple building and Mr. Keehr replied affirmatively and ex- plained how they had used the setbacks for that zone as apply- ing to a vacant lot. M~. Ward stated that if this is a sepa- fate'.building, then it is not an accessory building and Keehr replied that the use of the building will be an acces- sory building to Sterling Village. ~. Keehr explained how it would be permitted without a variance if they were ~ole to obtain a unity of title. ~&r~ Zimmerman stated that a variance should have been requested for the use of the building because it cannot be considered an accessory as it is the main and only building on this lot. Mr. Keehr explained how the vari- ance was required because a unity of title could not be ob- tained to prevent the selling of this building. ~s~ Helen Connors, Bldg. 2~0, Apartment 2~, appeared before the Board and told about attending the Board of Directors meet- ing when a statement was made that they intend to set up their own landscaping compare, which she thinks is wrong. Also, they plan to let the hedge grow and with the building, it will stop the air to their living rooms. Chairman Thompson clarified that at the present time, the maintenance of the property is by a private concern and now they are planning to do it them~ selves and M~so Connors agreed and questioned if a business would be allowed to operate from this building. M~. Eeehr informed h~r that he did not think it would be considered a business unless they take in outside machines from other com- plexes for repair. M~rs. Connors asked how this,could be MI~VJTES BO~RD OF ADJUSTMENT PAGE EIGHT FEBRU_&RY ~ 3 , 1978 prevented and ~. Keehr replied that the Licensing and Build- ing Department enforced that and they would not be permitted to have it for a maintenance building other than for their own equipment. ~. Zimmerman requested clarification on the business and M~s.. Connors informed him that they planned to set up their own landscaping business, which would be a busi- ness~ M~s. Bond referred to the Association taking over the .maintenance and asked if that would be an asset to the people with cutting down costs and Mrs. Connors replied that it might be in the long run, but not at the present time with all the equipment they have to buy° ~irs~ Bond referred to there being a high hedge there and asked if it interfered with their view and air and M~s. Connors re~ plied that it is not that high, but she was told they are going to let it grow tall and this would affect the people on the first floor. Mr. ~delman stated he thought they were getting away from what this Board is supposed to do as the internal problems are not our problems and Mrs. Connors agreed and stated her objection was to having no clearance from the line~ Chairman Thompson pointed out that they must consider whether eliminating a hardship would cause another hardship. ~. Rodriguez questioned this being defined as an accessory building and read the definition for accessory building from the code and questioned what this would be an accessory to and Mr~ Ward agreed there was not a principal building. Mr. Keehr explained how this was similar to building a garage on a vacant lot. Chairman Thompson referred to a garage not meeting the square footage requirements for the zone. Mr. ~ard referred to not being allowed to build an accessory building without a principal building and Mr~ Keehr ~nfo~med him that this had been ch&ugedo ~ Ward told about a party being turned down since the ~rincipal building was required first and ~. Keehr ' ~ ~ In !nformed him ~nere ~as nothing the zoning ordinance or codes making this statement and that would h~e been a judg- ment of the Building Official at that time. ~s~ Martha Cole, Bldg. 2~0, ~partment 2~0, appeared before the Board and stated they were trying to squeeze this build- ing in a very small space to inconvenience the people living nextdoor cutting off their air and privacy. She told about the residents being retired and moving here to get away from the fumes. This will also decrease their property values with the buildings facing the junk. It is not true that the building will only be used for storage. The residents did not sign anything for the purchase of the land and it was all kept quiet~ Instead of building this building with landscap~ ing, they should just leave it alone and clean up the ashes and sand they have dumped on this lot~ The residents don't need the noise and fumes. MIN~JTES BOARD OF AD~ST~NT P~GE NINE FEBRUARY ~3 ~ 1978 ~. Gil O'Brien, Bldg~ 150, Apartment 203~ appeared before the Board and advised that he is a member of the Board of Directors and also lives close to Bldgo 210. He referred tc the maintenance costs involved and explained that the building was requested to achieve a reduction in maintenance costs and savings by purchasing wholesale lots of materials. He trusts the Board can see the practicality of their problem° ~tr~ ~. Ro Seeger~ Bldg. 2~0, ~partment 2~2, appeared before the Board and stated he was in agreement with the people ob- jecting and believes the building should be placed just west of the shuffleboard court. He explained how there would be ~ess~ the sa~e amount of land is at thi~ location, and it would be centralized for the whole ~rea's use. Mr. Healy asked if the building was placed in thi~ location, would ther~ be other objections and Mr~ Seeger replied negatively and added that there are plenty of objections to where it is proposed° Chairman Thompson ascertained that nobody else desired to speak against this variance and requested M~. Zimmerman to read the correspondence received~ ~. Zimmerman read a note from ~. & Mrs~ Co Barborini, 760 E. Ocean ~ve., stating they are against this proposed construction. He read a letter from ~lbert Ro Schueler and Frances Mo Schueler, owners of ~pt~ 309, Bldg. 2~0~ protesting ~ud objecting to any form of building and any types of workshop or storages.of gasoline or diesel apparatus and motor vehicles being in close proximity to Bldg. 210~ It referred to the land being directly below their bedroom which could be a fire hazard and noi~y~ envir- onment. &leo, it referred to Bldg~ 210 having the least amount of grass and the land in question having a water and frog problem during heavy rains and should be planted in grass to agree with all the rest of Sterling Village. He read a note from Mr. William G. Lenzi, 7'60 Eo Ocean Ave~, objecting to granting this variance and urging the Board of ~djustment to vote against it~ He read a petition submitted by Bldg. 2~0 objecting to thi~ variance~ Chairman Thompson then declared the floor open for rebuttals as requested~ M~. John Adar~ appeared before the Board and stated there were two areas he would like to address himself to as Presi~ dent of the ~ssociationo He greatly respects the problems of the people objecting and understands them w~ll, but he would like the Board of idjustment to ~uow and understand that in some cases, specific axaggerations have been stated~ In reference to the bedrooms facing this lot, he explained how the building consisted of three wings and there would only be 12 apartments with their bedrooms facing this lot. MINUTES BOARD OF ADJUSTMENT P.~GE TEN FEBRUARY 13, 1978 Mr. Adams continued with referring to the statement of the Board of Directors having authority to purchase this land and told about securing the legal testimony of their corpor- ate attorney stating they have the right to purchase this property as it is in connection with the maintenance of the property. Also, he is sure one or more of the spokesmen from Bldgo 2!0 should be aware of the fact that the previous Directors in Sterling Village were forced by the City Council and City Manager in previous years to cut back the row of hedges on the lot line because they had grown above the limit of the City Ordinance. He told about a hearing before the Board of Directors when they were requested to leave the hedge grow contrary to the orders of the City. Mr. George Zimminel appeared before the Board and stated he wished some of the people who own land in Sterling Village would read their documents so they do net make false state- mentso They have absolutely no authority to use any other parcel of land in Sterling Village for dropping any materials because the unit owners own a certain portion of the land as common elements~ In reference to the shuffleboard area men- tioned, this is owned by the developer under a 99 year lease. They would not spend money for this property if they could use their own land. The putting greens areas are also covered by a 99 year lease and they cannot touch that property. They have reviewed all the possible areas where they could build and thought this area would solve a critical problem. In reference to the people not being aware of this proposal, every door in Bldg. 210 was ~ocked on and the people were invited to the Board meeting. Only three people attended and changed their objection after reviewing the proposal. Someone's arm was twisted to get one person's view across. Mr~ Zimmerman referred to the City issuing permits to build storage buildings on leased land and M~. Adams replied that a permit may be issued, but the developer who owns the pro- perty would not allow it. M~. Albert Schueler appeared before the Board and stated that their comments were based on Article 6 of the condominium laws regarding the authority to purchase which was verified by their attorney. As far as the other comments, he is simply following What the people in his building feel and that feeling is almost unanimous in opposition. Mrs~ ~rtha Cole asked if this building could be squeezed in over the objections of the people? They don't wmut it. It will create noise and dirt on their terraces. Chairman Thompson explained that the Board would consider the objec- tions and four votes were needed in favor to approve the variauce, k~s. Cole added that this would create additional truck traffic making deliveries of supplies which they don't need. MINUTES BOARD OF ADJUST~NT PAGE ELEVEN FEBRUARY I~3, 1 978 Mr~ Ward asked if the land had been purchased or was still on a contract to buy and Mr. Adams replied that it is on a provisional contingent agreement and it could be changed to another type of agreement, Mr. Healy referred to a copy of the contract being submitted to the Board members being con- tin. gent upon obtaining a building permit for this storage building, Chairman Thompson then declared this matter open for discus- sion to the Board members. Mr. Zimmerman asked if the use of the land outside the building could be controlled in any way and referred to the possibility of the building being full and materials being dumped outside. Mr. Keehr explained how this would be comparable with a garage being built on a vacant lot and stated that the use of the building would have to stay as a garage and storage. When a building is used for a non-permitted USem~ it breaks the ordinance. ~. Zimmerman referred to storage on l~ud~outside the building and P~. Xeehr informed him there were ordinances against clutter and debris and a lot of gravel would not be permitted to be dumped outside the building. Mr. Rodriguez referred to the accessory use being allowed with a unity of titles however, this lot stands in isolation in terms of an accessory use because the adjacent people are opposing. It seems as though the Board is being put in a position of making a type of policy statement which may be binding in the future in which the same circumstances may arise with the lack of a unity of title. He asked if this had~'happened previously and Mrs. Bond referred to the Inlet Harbor Club building an accessory building. Mr. Keehr stated that was not similar since that building was installed on their own property and they did have a ~mity of title. Chairman Thompson clarified that the~bui!ding proposed would be placed on the lot line and 12 ft. from Bldg. 2~0. If the variance is granted~ there would be a 9~78 rear setback and 0 ft. side setback. ~. Ward made a motion that this variance be denied because he doesn't believe we have enough of a unique and unusual hardship in this case and he is not satisfied with setting this building right on the prol~rty line. Mr. Zimmerman seconded the motion. Under discussion, M~o Adelman announced' that he would like to abstain from voting because he has had problems with Boards of Directors and requested M~. Rodriguez to vote in his place. M~ Ward informed him that the proce- dure is to abstain before the presentation of the variance. Chairman Thompson informed him that he would have to vote since he did not request an alternate to take his place before discussion. As requested, ~s. Mruse took a roll call vote on the motion as follows: M i~ TES BOARD OF ADJUSTmeNT PAGE TWELVE FEBRUARY ~3~ !978 M~, Maiorana - Aye Mrs. Bond - Aye ~r~ Healy ~ Aye Mr, Ward - Aye ~r, Zimmerman - Aye M~ Adelman - Aye ~r. Thompson - Aye ~ot~on carried 7~0 ADJOURN~NT (Variance denied). Chairman Thompson referred to the information forwarded by M~o Moore and reqUested the members to review it for discus= sion at the next meeting, ~ ~d~Im~ made a motion to ad- journ, seconded by Mr. Zimmerman. ~Motion carried 7-0 and the meeting was properly adjourned at 9:05 P~ M. Respectfully submitted Suzanne M~ Eruse Recording Secretary (Two Tapes) PUBLIC BUSINESS, MISCELLANEOUS Ch. 286. Public meetings and records; public in- spection: penalties. Voting requirement at meetings of govern- mental bodies. Department of State to hold title to pat- ents, trademarks, copyrights, etc. Authority of Department of State in con- nection with patents, trademarks, copy- rights, etc. Prohibited requirements of bidders on con- tracts for public works relative to in- come tax returns. Real property conveyed to public agency; disclosure of beneficial interests; notice; exemptions. ~.6.011 Public meetings and records; public i~pection; penalties.-- (1~ All meetings of any board or commission of ~,y state agency or authority or of any agency or ~.:hority of any county, municipal corporation or ~y political subdivision, except as otherwise provid- ;.n the Constitution, at which official acts are to be · ~xen are declared to be public meetings open to the 7~b!ic at all times, and no resolution, rule, regula- :~r, or formal actioh shall be considered binding oxept as taken or made at such meeting. i2~ The minutes ora meeting of any such board commission of any such state agency or authority ,~~.all be promptly recorded and such records shall be · ~en to public inspection. The circuit courts of this · :~e shall have jurisdiction to issue injunctions to · -do.me the purposes of this section upon application ~ any citizen of this state. {3,~ Any person who is a member of a board or ~r, mission or of any state agency or authority of ~y county, municipal corporation or any political ~bdivision who violates the provisions of this sec~ ~a by attending a meeting not held in accordance · ;:h the provisions hereof is guilty ora misdemeanor :f the second degree, punishable as provided in s. ~5,082 or s. 775.083. I~Zory.--.s. l, ch` 67-356; z. 159, ch. 71-136. '2~.012 'Voting requirement at meetings of ~vernmental: bodies,~No member of any state, --~nty, or municipal governmental board, commis- ~,~. or agency who is present at any meeting of any ~ body at which an official decision, ruhng, or ~2qer official act is to be taken or adopted may ab- · ;~in from voting in regard to any such decision, ,-~img, or act, and a vote shall be recorded or counted .... each such member present, except when, w~th -~pect to any Such member, there is, or appears to ~. a possible conflict of interest under the provisions :is. 112.311, s. 112.313, or s. 112.3143. In such cases · ~d member Shall comply with the disclosure re- ~'~irernents of S. 112.3143. s section, as ~.,e~'~ed, takes effect October 1, 1975. CHAPTER 286 PUBLIC BUSINESS, MISCELLANEOUS PROVISIONS 286.021 Department of State to hold title to patents, trademarks, copyrights, etc~The legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copy- right, or application for the same, now owned or held, or as may hereafter be acquired, owned and held by the state, or any of its boards, commissions or agencies, is hereby granted to and vested in the '[Department of State] for the use and benefit of the state; and no person, firth or corporation shall be entitled to use the same without the written consent of said ~[Department of State]. History.--s. 1, Ch. 21959, 1943; ~s. 22, 35, ch. 69-106; s. 2, ch. 70-440. 'Note.--Powers. duties, and functions of the Board of Trustees of the Inter- nat Improvement Trust Fu~d relating to paten~ ts, trademarks, and eopyright$ are transferred to the Department of State. See e. 15, ch. 75-22. Note.--Former s. 272.01. cf.--s. 601.101 Ownership of rights under patent and trademark Iaws devel- oped or acquired pumuan~ to the authorities of chapter 601. 286.031 Authority of Department of State in connection with patents, trademarks, copy- rights, etc.--The '[Department of State] is author- ized to do and perform any and all things necessary to secure letters patent, copyright aha trademark o any invention or otherwise, and to enfbrce the rights of the state therein; to license, lease, assign, or other- wise give written consent to any person, firm or cor- poration for the manufacture or use thereof, on a royalty basis, or for such other consideration as said ~[Department of State] shall deem proper; to take any and all action necessary, including legal, actions, to protect the same against improper or unlawful use or infringement, and to enforce the collection of any sums due the state and said ~[Department of State] fo~ the manufacture or use thereof by any other party; to sell any of the same and to execute any and all instruments on behalf of the state neces- sary to consummate any such sale; and to do any and all other acts necessary and proper for the execution of powers and duties herein conferred upon sgid ~[Depar~ment of-State] for the benefit of the state. History.--s. 2, ch. 21959, 1.943; ss. 22, 35, ch. 69-10.5; s. 2; ch. 70~140. ~Note.--See Nato following s. 286.02I. Note.--Former s- 272.02. offs. 601.101 Ownership of rlght~ under patent and trademark laws deveI, oped or acquired pursuan~ to the authorities of chapter 601. 286.041 Prohibited requirements of bidders on contracts for public works relative to income tax returns.--- (1) The state or any of its departments, agencies,. bureaus, commissions, and officers and the counties, consolidated governments, municipalities, school districts, special districts, and other public bodies of this state, and the departments, agencies, bureaus, commissions, and officers thereof, shall not require, directly or indirectly, an .audit or inspection of any federal or state income tax returns of any company, corporation, or person as a prior condition before entering into contracts with said company, corpora- tion, or person to construct any public work or to supply any materials, labor, equipment or services, or any combination thereof. (2) Any person who ~iolates the provisions ofthis 1311 MEMORANDUM ALL CITY BOARDS via chairmen EMILY M. JACKSON MAYOR FEBRUARY 8 , 1978 Dear Members: When I wrote a letter at the beginning of the year telling you that you were a member of your.board, and setting the ground rules, I forgot to enclose a copy of Florida Statute 286, the "Sunshine Law." Therefore, I am enclosing a copy of this law now, as it is imperative that we all operate under this, in order to not be in violation. If you are meeting in the conference room, and it is too small to allow all spectators to be seated in the room, please check with Mrs. Padgett to see if the Council Chambers or a larger conference ~room is available. I'm sorry I forgot to give this to you. Sincerely, 210 HoriZons East, Apt. 309 Boynton Beach, Flo. 33435 Feb. 13th, 1978. To the Board of Adjustment, City of Boynton Beach, Flo. Gentlemen; Regarding the requested variances, "To construct a storage build- ing'' by the Board of Directors of Sterling Village, of Boynton Beach on ' No. 33 lot of the Lawns, survey by &dair & Brady Incorporated", and the notice of this meeting, as called by the Board of Adjustment, We in Building 210, wish to protest having .~EY type of building on this l~ot. To begin with, our boundry line of building 210 is so close by, our bed rooms would be to close for ANY building that would be built on this lot, especially,$partments 109, 209, 309, llO, 210, 310, as. shown on the Sterling Village map the Directors furnished the Board of ~d- Justment. Building 210 is only 12 feet away from the &ustralian pine headge. The proposed building would become a nuisance, especially in hot weather with the roof reflecting excessive heat against our apartments and closing off and air circulation next to our building. There are 12 widows residing in our building besides the balance of our apartments are a~l senior citizens and quite a few have physical infirmities. V~e enjoy our porches and with a building so close to us, would certainly make things uncomfortable, which we do not want. There ~also plans to use this so called "storage building" to g~rage gasolene lawn mowers and othev~asolene ~~ ~ ...... ~-~ wnich also means they will, use this building to tinker w~ith repa. irScreating , unwanted noises gasolene fumes and gases coming into our bedrooms. ' Many of us bought in our building to get away from "C of buildings" and now our Directors are bringing back "City closeness itified" con- ditions agains~t our wishes. Regardless of the outcome, WE in building 210 request that this plot of land be restricted against .~NY type of Building or other types of nuisances. RESPECTFULLY SUBNITT ED, &LBERT R. SCHUELER, &pt. ~09 Build lng Rep~es entat ire, For and in behalf of owners in Building 210. NOTICE OF P~BLIC HEARING BEFORE THE BOARD OF ADJUSTMENT CITY OF BOYNTON BEACH Sterling Village Condominium, Inc. has requested variances as follows: Relief from 90 ft. side setback requirement to 0 ft. side setback Relief from 40 ft. ~ear setback requirement to 9.78 ft. rear setback Lot 53, THE LAWNS Recorded in Plat Book 9, Page 69 Pa!mBeaeh County Records Address - 650 S. E. 2nd Avenue Proposed Improvement - to construct storage building HEARING WILL BE HELD IN THE COUNCIL CHAMBERS~ BOYNTON BEACHCITY ~L~ MONDAY, FEBRUARY 13, 1978, AT 7:00 Po M. Legal advertisements will appear in the January 28th and February 4th~ 1978 issues of the PALM BEACH POST-TIMES° Notice of a requested variance is sent to property owners within 400 of the app!ieant's property to give you a chance to voice your opinion on the subject. Objections may be heard in person at the meeting or filed in writing prior to hearing date. If further info,nation is desired; please call 752-8114~ City Clerk's Office. CITY OF BOYNTON BEACH TEREESA PADGETT~ CITY C~LERK January 27~ 1978 210 Horizons East, Apt.309 Boynton Beach, Florida, 33435 To the Attention of the Board of Adjustment, City of Boynton Beach~ C/O Tereesa Padgett, ~ity Clerk. Jan. 29th, 1978 Gentlemen:- In answer to your notice, dated January 27, 1978, under title, "Sterling Village Condominium, Inc. Has requested variances as follows :" We as residents and Owners of APt.3Og, wish to protest and object to any form of building and any types of workshop or Storage of gasoline or diesel apparatus and motor vehicles in close proximity to building 210 Sterling Village. This land is directly below our bed room and could be a fire hazard and a noisy environment This lot on which Building 210 is built~ has one of the least areas of grass and the land' in question has a water and frog problem during heavy rains and should be planted in grass to agree with all the rest of Sterling Village. Respectfully SUbmitted, ALBERT R. SCHUEL~q and FRAECE~ M. SCHUELER whets of Bldg.210, .Apt. 309 NOTICE OF FdBLIC HEARING BEFORE THE BOARD OF ADJUSTMENT CITY OF BOYNTON BEACH Sterling Village Condominium, Inc. has requested vamia.nces as follows: Relief from 20 ft. side setback requirement to 0 ft. side setback Relief from 40 ft. rear setback requirement to 9.78 ft. rear setback Lot 55, THE LAWNS Recorded in Plat Book 9, Page 69 Palm Beach County Records Address'- 650 S. E. 2nd Avenue Proposed Improvement - to construct storage building HEARING WILL'BE HELD IN THE COUNCIL CHAMBERS, BO~NTON BEACH CITY HALL:, MONDAY, FEBRUARY 13, 1978, AT 7:00 P. M. Legal advertisements will appear in the January 28th and February 4th~ 1978 issues of the PALM BEACH POST-TIMES. Notice of a requested variance is sent to property owners within 400 ft.. of the applicant's property to give you a chance to voice your opinion on the subject. Objections may be heard in person at the meeting or filed in writing prior to hearing date. If further info~mation is desired, please call 732-8114, City Clerk's Office. CITY OFBOYNTON BEACH TEREESA PADGETT, CITY CLERK BUILDII%G 210, STERLI~%G VILLAGE BOYBTOE BEACH, FLORIDA, 33435. Jan. 29th,1978. . To the Attention of the Board of Adjustment, .C~ty of Boynton Beach C/O Tereesa Padgett, City Clerk. Gentlemen:- Inanswer to your notice, dated January 2?th,19?8,under title, "Sterling Village Condominium, Inc., has requested var- iances as follows:" ~Ve the undersign, wish to protest the requested var- iances of the Board of Directors of Sterling Village Condominium, Inc. in their request for set back requirements and to construct a storage building. This proposal will create a fire hazard, hardships and noi- sy enviroment directly outside and beneath our bedrooms in build.- lng zo. This lot of building 210 has one of the least areas of grass. The land in question has a water and frog problem during. heavy rains and should be filled in and planted in grass to agree with all the rest of the village.