Loading...
Minutes 03-14-77MIS~S OF THE BOARD OF ADJUSTMENT MEETI~G HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, M0}~AY, ~RCH 14, 1977 AT 7:30 P. M. PRESENT Derle Bailey, Chairman Vernon Thompson, Jr., Vice Chairman Da'¢id W. Healy, Secretary Nms. Lillian Bond V. Paul Scoggins, Alternate Carl. Zimmerman, Alternate Edward F. Harmening (Arrived 7:25) E. E. Howell, Building Official ABSENT Foy Ward Chairman Bailey called the meeting to order at 7:00 P. M. and introduced the members of the Board, Building Official and Recording Secretary. He requested the two alternate members, M~. $coggins and Mr. Zimmerman, to serve in place of the two absent regular members. Minutes of Februar7 28, 1977 Mr. Healy referred to Page 3 and the request for the members to receive an up-to-date zoning map and Planning & Zoning book and a copy of Chapter 163 referring to the Board of Ad- justment and stated they had not received a copy of Chapter 163. Chairman Bailey requested Mss. Kruse to remind }~s. Padgett to send copies to the members. }~. Rutter made a motion to accept the minutes as read, seconded by Mrs. Bond. Motion carried 7-0. Communications Chairman Bailey read the following letter dated February 10, 1977 addressed to the Chairman of the Board of Adjustment from Mr. Alvin C. Boeltz: "As of this day, February 10, 1977, t am resigning. I was glad to serve on the Board of Adjustment and was appointed by the City Council who was elected by the people. So I was trying to serve the people and the City of Boynton thethe best of my ability. I would like to correct the minutes of February 7, 1977, page four, paragraph four. i was not dismissed from the Board at any time or any year. I said that I could not serve on the Board that gave permits to non-conforming property without comd~ug before the Board. It is not fair to the people of Boynton Beach. I also want to make it clear that I did not single out Mws. Jackson or ~. Roberts but ALL council members of 1974, when the question of permits arose and they failed to take appropriate action." MI~J TES BOARD OF ADJUST~NT PAGE I~JURCH 14, '1977 BUSINESS Applications fo? V'su~iances Parcel #2 - Lot 36, Block 92, Replat of Parcel ~F" and "G" Palm BeachLeisureville, Tenth Section Recorded in Plat Book 31, Pages 144 and 145 Palm Beach County Records Request - Relief from 25 ft. front setback to 23 ft. front setback to permit a 2 ft. extension on garage. Address - 1203 S. W. 20th Avenue Applicant - Boynton West Development Corp. Mr. Healy read the above application. Chairman Bailey asked if anyone was present representing Boynton West Development Corp. and Mr. Enrico Rossi appeared before the Board and informedtthem he was with Rossi & Malavasi, Consulting Engineers for Boynton West Development Corp. He advised that the developer requested him to appear because he was unable to because of conflicts. He referred to the plan showing the location of the house situated on the lot. There is a contract to purchase this house. He explained that the slab had been poured and when the survey was run, the slab was within the setback lines, but they then found out the purchaser wanted a different design and they had failed to provide the additional two feet for the garage. The slab as it exists is within the setback lines. This is a request so they can meet the commitment to the purchaser to extend the garage. He added that it was a triangular lot. Mr. Rutter questioned the hardship involved and ~. Rossi~'' replied that technically there was none. It was the devel- oper's wish to show the configuration of thehhouse as it exists. Because of the standpoint of appearance, it would not affect the general configuration of the houses on that corner. There is no hardship, but the man is requesting something which wasn't built. Mr. Howell asked how far the house was built and Mr. Rossi informed him it was just at the slab stage. ~. Rutter asked if the markings were where the two feet was to be extended and Mr. Rossi replied that to his knowledge, there were no markings put there. Mrs. Bond referred to there being two po~s and Mr. Rossi replied that he did not know what they signified. Mr. Thompson asked the dimensions of the garage ~s it is now and Chairman Bailey replied that it was probably 12 ft. wide and 20 ft. long and they want to extend it to 22 ft. .Mr. Rossi clarified that it was a standard house li/~e the others, MINUTES BOARD OF ADJUSTMENT P~GE THREE MARCH 14, 1 977 but certain people request an extra length garage. A plot plan was prepared, a permit issued, it was Staked, and then it was noted on the contract that 2 ft. was forgotten. ~It is an inadvertent mistake and not a hardship and just a ques- tion of what the Board feels about it. ~. Zimmermam stated that if this had been caught in time, the house could have been set back with the proper setbacks and Mr. Rossi agreed. Mr. Scoggins asked if a contract of sale had been issued and Mr. Rossi replied: yes. Mr. Zimmerman referred to there being an additional 10 ft. utility easement shown and questioned this and Mr. Rossi in- formed him this was set aside for Florida Power & Light Co. and he imagines there are buried cables in it. Mr. Healy referred to this not being a hardship on the deve- loper and asked if it would be a hardshiD to the purchaser and Mr. Rossi replied that he did not kn~w and wished the purchaser was present to answer. ~. Healy asked if he had been notified to come to this meeting and Mr. Rossi replied that he did not know. Mr. Howell clarified that as far as a hardship to the builder, he has put~n a fo~dation with approximately 20 yards of concrete with steel and it is im- possible to move it. Mr. Healy replied that he understood this, but he was referring to the owner having a driveway 23 ft. long instead of 25 ft, and whether this would be a hardship to him. He istrying to ascertain whether it mat- ters to the purchaser that he is going to lose 2 ft. of his driveway. Mr. Healy then referred to Boynton West Development Corp. owning most of the property in this area and asked if there had been any ch~uges in the ownership of these lots since the notices were sent and ~. Rossi replied that he did not know. He added that owners were notified per procedure as listed at the time of application. Mr. Thompson asked if a copy of the contract was available and Mr. Rossi replied that he wished these people were pre- sent and suggested if the variance was favorable, it could be subject to this particular situation. Chairman Bailey then asked if anyone in the audience desired to speak on this application either for or against and re- ceived no response. Mr. Rutter made a motion that the variance be granted subject to the owner being aware of the fact that he is losing two feet of his driveway. ~. Scoggins seconded the motion. Under discussion, Mr. Healy questioned how they could determine if the owners objected and Mr. Rutter rePlied that the owner would be made aware of this and it is-subject to his approval. MINUTES BOARD OF ADJUST~NT PAGE FOUR I~RCH 14, 1 977 ~. Zimmerman ~uestioned if they would be setting a precedent and referred to the possibility of neighbors wanting the same extension and Chairman Bailey replied that each individual application should be taken on its own merits regardless of what someone else might apply for. Mr. Zimmerman referred to the standard procedure at Leisureville not being to grant structural changes on models and he questions if this devia- tion would be a wise thing to do. Mr. Thompson agreed the homes were almost 10~% identical in Leisureville a~d he thinks in this case, if this was granted, they could be up for changes in future development. This could be corrected by just having the purchaser change lots. Mrs. Bond referred to the developer trying to correct his mistake, but she questions if the people are in agreement and do they approve this method of adding the 2 ft. They should be asked whether they are willing to accept their house being 2 ft. forward. ~. Rutter pointed out that this house would not be located on a st~ght block, but it is on a curve and nobody would be bothered by this 2 ft. He has checked the models and some have 2 ft., some have 4 ft.~, etc. He does not think this would set a precedent. This is a mis- take and everybody makes mistakes. He thinks it can be cor- rected with the granting of this variance and as the Chairman stated, each case stands on its own merits as far as setting a precedent. The contract is what is requesting the addi- tional length garage. Mr. Scoggins stated that if the owner did not want the roof line 23 ft. from the setback, he assumes the house would go back on the market and there would not be a necessity for an adjustment. The p~chasers must give their approval. Chairman Bailey suggested that in this particular ~ituation, possibly they should notify the owner and table this or if the variance is passed, the Building Official should be directed not to allow this unless he receives authorization from the purchaser.. Chairman Bailey called on ~. Harmening for co~ents and Mr. Harmening first apologized for being late and stated since he missed part of this and seven members are present, he will abstain. ~. Howell suggested if this was done subject to the owner's approval, that it should be written approval to the Building Department. Mr. Rutter then amended his motion with the pro- vision that the owner submit in writing to the Building De- partment that he will accept a setback of 23 ft. instead of 25 ft. called for a building. Mr. Healy referred to the~pecial exception zoning and asked if variances were allowed and Mr. Howell replied that he had discussed this with the City Planner and a variance could be granted. He added that they have tried to work with the people in Leisureville, but the Building Department ~ not MINUTES BOARD OF ADJUSTmenT PAGE F~E M~CH 14, 1977 bound by deed restrictions. Mr. Healy asked if any variances had been granted in LeisureviIle and Mr. Howell replied that he was sure they had. Mr. Rutter added that there was one on loth Avenue with three houses involved and it came before this Board and it was solved by moving the street. ~. Rossi requested to speak and Chairman Bailey ascertained the members had no objection to ME. Rossi entering the disc~- sion. Mr. Rossi referred to the motion referring to theoowner, which is actually Boynton West Development Corp. and the pur- chaser is ~s. Rooker. Mr. Rutter amended his motion to state the person under con- tract to purchase the house. Mr. Healy stated he still felt this needed further clarification. There was discussion about this and ~. Rutter then withdrew his motion and amendments and Mr. $coggins withdrew his second. Mr. Rutter then moved that the vari~uce be granted provided that Mrs. Ro0ker, who has contracted to purchase this home providing the 2 ft. is added to the garage, be notified and it is understood she will accept this variance with a 23 ft. setback instead of a 25 ft. setback and this should be in writing to the Building Department. ~. Scoggins seconded the motion. Under discussion, Mr. Thompson referred to there being a proposed buyer, but not an owner. No papers show anything against this property. There is no lien between the owner and developer. If a variance is granted, it would be in favor of the contractor. Unless there is proof shown that there is an owner, it should be denied. ~. Harmening sug- gested clarifying the motion that the variance shall be granted subject to the approval of the owner, at which time if the owner does not agree in writing to the variance, the variance will cease to exist and the house will be built according to the original plan. N~. Healy suggested they omit the name of the owner and refer to i~ as the party named in the contract. These people are not the owners, but are name~ intthe contract as the future owners. We are, at the present time, under the impression that the name is Mrs. Rooker. We do not know the name for sure, but the owner is Boynton West Development Corp. Chairman Bailey referred to the discussions taking place and suggested it possibly be tabled inoorder to obtain more information s~ud notify the purchaser. Mr.~Howell stated he was being put in a position with the reference to the pur- chaser ~ud actually he should see the contract. ~r. Thompson added that if the person ~amed came before the Board and agrees they have a contract, then it could be considered. As long as it stays in the hands of the developer, the var- iance will be grouted to the developer and not the owner. MINUTES BOARD OF ADJUST~IENT PAGE SIX ~'~%RCH 14, 1977 ~M. Thompson continued that he could not see voting on this without seeing the contract. Mr. Rutter asked what was wrong with granting it to the developer and ~. Thompson replied that there was no hardship. Mr. Scoggins clarified that the motion was to have a signed statement from the proposed pur- chaser and without that, the house would go back on the market with the standard 25 ft. setback. There was discussion about this and then Chairman Bailey clarified that Mr. Thompson. wanted proof there was a contract with a proposed buyer and Mr. Thompson agreed. He ad,ed that at the present time, there was no hardship and the Board operates on hardship cases. ~. Zimmerman explained how even though there was an agreement to Purchase, the contract could very easily be broken by mutual agreement. Chairman Bailey ascertained there was no further discussion and then requested a roll call vote on the motion, l~Ms. Kruse called the~roll as follows: Mr. Scoggins - Aye Mr. Rutter - Aye Mrs. Bond - Aye Mr. Thompson - No Mr. Zimmerman - No Mr. Healy - No Chairman Bailey - No M~t~on failed 4-3. Parcel #1 - Lots 36, 37 and 38 Boynton Industrial Park Addn. #1 Recorded in Plat Book 29, Page 152 Palm Beach County Records Request - Relief from 15 ft. side setback requirement on one side to 1 ft. side setback to construct warehouses Address - 402, 406 and 410 W. Industrial Ave. Applicant - Raymond A. Marcinkoski Mr. Healy read the a~ove application and advised it was re- quested because they feel their plans meet the purpose of the setback requirement for emergency access to the rear of the building. Mr. Raymond A. Marcinkoski appeared before the Board and the members reviewed the plans. Chairman Bailey' then requested an explanation of the statement on the application regarding emergency access and Mx. Marcinkoski explained how he had worked with the City Planner in laying out the building and how it met the requirements, but instead of having access at the side, it is between the building. P~. Howell informed him that they Would require a unity of title in this situa- tion so that he would never sell one building, MINUTES BOARD OF ~JUST~NT PAGE SEVEN ~&~RCH 1 ~, 1 977 Chairman Bailey asked if any of the setback requirements were being violated and Mr. Howell replied that definitely either on one side or the other. He explained that he could go to the line on one side, but~must maintain 15 ft. on one side, but he has proposed to supply the access to the rear between the building. Mr. Thompson asked if he owned the adjoining property and Mr. Marcinkoski replied that he owned the property on the north side and referred to the sketch on the lower left of the plan showing the buildings. Mr. Rutter questioned where the unity of title came in and Mr. Howell explained that it must be recorded at the County Court House as being one piece of property. Mr. Zimmerman asked if it required a restriction on the deed so the properties cou~ not be sold separately and Mr. Howell replied that the unity of title would show it as one piece of property. Mr. Marcinkoski stated that he did not plan to sell one building, as they would not have access. ~. Healy asked if they were going to be individual units to be rented out and M~. Marcinkoski replied: yes. M~. Healy asked if there woul~ be enough access for all traffic in this particular area and Mr. ~rcinkoski replied that all the re- quirements have bee~ met. Mr. Healy asked if there would be any obstruction to traffic from the public thoroughfare and Mr. Howell replied: no and there would be no hardship on the other uses there. Mr. Mealy referred to the south end being developed ~nd Mr. Marcinkoski informed him there were two vacant lots and ~. Howell added that it would not interfere with the development of these lots, but they would have a~close setback. He explained how there possibly could be two build- ings two feet apart, but the code requires fire rated walls to be built. Chairman Bailey asked if anyone in the audience desired to spe~ on this application, either for or against and received no response. ~. Thompson moved that the variance be granted, seconded by Mrs. Bond. Under discussion, Mr. Thompson~ verified that his motion was based on the owner having the right to build to the line and is merely changing the 15 feet to the center. As requested, ~s. Kruse took a roll call vote on the motion as follows: Mr. Scoggins Mr. Rutter Mrs. Bond Mr. Thompson Mr. Zimmerman Mr. Healy Chairman Bailey - Aye - Aye - Aye - Aye - Aye - Aye Motion' carried 7-0. MINUTES B~OARD OF ADJUST~NT PAGE EIGHT ~L~RCH 14, 1 977 Revision of Applicatio~ Chairman Bailey informed the members that he and Mr. Howell reviewed the petition to the Board and made the following addition to Part 1, fourth line down: '"and owner's notarized letter of his authorization for his representative e~ agent." He ascertained there were no objections and the members were in agreement. Chairman Bailey then ascertained that the members had each received an up-to-date zoning map and book. ~ ADJOURNMENT Mr. Rutter made a motion to adjourn, seconded by Mr. $coggins. Motion carried 7-0 and the meeting was properly adjourned at 8:05 ?. M. Respectfully submitted, Suzanne Kruse Recording SeCretary (Two Tapes) Ch. 163 INTERGOVERNMENTAL PROGRAMS Ch. 163 public notice. The commission may hold such addi- ~onal hearings ~ it may consider desirable. After ~e final report has been submitted by the commis- sion, the governing body shall afford all interested persons an opportunity to be heard with reference to the proposed zoning ordinance at a public hearing with due public notice before adopting said ordi- nance. Itistory.--s. 11, ch. 69-139. 163.215 Zoning;supple,meriting or amending he zoning ordin, ance.-- (1) The governing body may amend or supple- ment the regulations and districts fixed.by any zon- ing ordinance adopted pursuant to this act after referral and recommendations of the commission. Proposed changes may be suggested by the govern- 'g body, by the commission, or by petition of.the .mars of 5t percent or more of the area involved in the proposed change. In the latter case, the petition- ers may be required to assume the cost of public notice and other costs incidental to the holding of public hearings. (2) The planning commission, regardless of the source of the proposed change, shall hold a public. hearing or hearings thereon, with due public notice, but shall in any case, if any change is to be consid- ered by the commission, submit in writing its racom- mendations on the proposed change to the governing body for official action. The governing body shall hold a public hearing thereon, with due public no- tice, if any change is to be considered and shall then act on the proposed change. If the recommendation of the commission is adverse to'the proposed change, such Change shall not become effective except by an affirmative vote of a majority of the entire member- ship of the governing body, al'ret due public notice. History.--s. 12, ch~ 69-139. 163;220 Board of adjustment; creation and composition; terms; officers; etc.- (l) CREATION AND COMPOSITION.--As part of the zoning ordinance, the governing body shall create a board of adjustment. The board of adjust- ment shall have not less than five nor more than ten members. Members of the board 0fadjustment shall be appointed by the governing body. In addition, the governing body may appoint not more than two al- ternate members, designating them as such. Such 'ternate members may act in the temporary ab- ~nce or disability of any regular member, or may act xvhen a regular member is otherwise disqualified ht a particular case that may be presented to the board. No member or alternate member of the board of adjustment shall be a paid or elected official or mployee of the governing body involved. (2) TERMS OF OFFICE, REMOVAL FROM OF- 'ICE, VACANCIES.--Members of the board of ad- ~stment shall serve for overlapping terms of not less han 3 or more than 5 years or thereafter until their successors are appointed. Not more than a minority of the terms of such members shall expire in any one year. Any member of the board of adjustment may be removed from office for cause by the appointing ~overning body upon written charges and after pub- : hearing. Any vacancy occuring during the unex- eired term ofohSce of any member shall be filled by the governing body concerned for the remainder of the term. Such vacancy shall be filled within ~0 days after the vacancy occurs. (3) OFFICERS, RULES OF PROCEDURE, EM- PLOYEES AND SALARIES.--The board of adjust- ment shall elect a chairman and a vice chairman from among its members and shall appoint a secre- tary who may be an officer or employee of the gov- erning body or of the planning commission. The board may create and fill such other offices as it may determine to be necessary for the conduct of its du- ties. Terms of all such offices shall be for 1 year, with eligibility for reelection. The board of adjustment shall adopt rules for transaction of its business, and shall keep a .record of its resolutions, transactions, findings, and determinations, which record shall be a public record. Meetings of the board shall be held at the call of the chairman and at such times as the board may determine. (4) APPROPRIATIONS, FEES AND OTHER IN- COME.--The governing body is authorized and em- powered to appropriate such funds as it may see fit for salaries, fees, and expenses necessary in the con- duct of the work of the board of adjustment. The governing body is authorized to establish a schedule of fees'to be charged by the board of adjustment. The board 'shall have the authority to expend ail sums so appropriated and other sums made available for its uS~ from fees and other sources for the Purpose and activities authorized by this act. History.-~s. 13, ch. 69-139, 163.225 Board of adjustment; powers and du- ties.--The~_board of adjustment shall have the fol- lowing powers and duties: (1) ' To hear and decide appeals when it is alleged that there is error in any order, requirement, deci- sion, or determination made by an administrative official in ~he enforcement of any zoning ordinance or regulation adopted pursuant to this act. (2)(a) To hear and decide such special exceptions as the board of adjustment is specifically authorized to pass on under the terms of the zoning ordinance; to decide such questions as are involved in the deter- mination ofwhen special exceptions should be grant- ed; and to grant Special exceptions with appropriate conditions and sg~eguards Or to deny special excep- tions when not in harmony with the purpose and intent of this act Or any ordinance enacted under the authority, of this act. (b) In granting any special exception, the board shall find that such grant will not adversely affect the public interest. (c) In granting any special exception, the board of adjustment may prescribe appropriate conditions and sa£eguards i~ conformity with this act and any ordinance enacted under it. Violation of such condi- tions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of the ordinance. (d) The board of adjustment may prescribe a rea- sonable time limit within which the action for which the special exception is required shall be begun or completed or both. (e) The zoning ordinance shall require that the beard of adjustment shall confer with the planning' 663 Ch. 163 INTERGOVERNMENTAL PROGRAMS Ch. I63 commission in all cases involving requests for special exceptions. (3)(a) To authorize upon appeal such variance from the terms of the ordinance as ~vill not be con- trary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the ordinance would result in unnecessary and un- due hardship. In order to authorize any variance from the :erms of the ordinance, the board of adjust- ment taus; find: 1. That special conditions and circumstances ex- ist which are peculiar to the land, structure, ar build- ing involved and which are no; applicable to other lands, structures, or buildings in the same zoning district; 2. That the special conditions and circumstances do not result from the actions of the applicant; 8. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district; 4. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commnnly enjoyed by other properties in the same zoning district under the terms of the ordinance and 'would work unnecessary and undue hardship ,on the applicant; 5. That the variance granted is the minimum variance that wilt make possible the reasonable use of the band, building or structure; 6. That the grant of the variance will be in har~ mony with the general intent and purpose of the ordinance and that such variance will not be injuri- ous to the area involved or otherwise detr.~menta~ to the public welfare. (b) tn granting any variance, the board of.adjust- ment may prescribe appropriate canditions and safe- guarcks in conformity with this act and any ordinance enacted under its au~;hority. Violation. of such cortditions and safeguards~ when made a part, of the terrns under which the raglan.ce is granted, shall be deemed a violation of the ordinance. (c) The board ofadjusgment may prescribe a rea- sonable time limit within which t]he action for which the variance is required shall be begun or completed or both (d) Under no circumstances except as permitted above shall the board of adjustment grant a variance to permit a use not generally or by specied exception permitted in the zoning district involved or any use expressly or by implication pro]hibited by the terms of the ordinance in .the zoning district. No noncon- forming use of neighboring lands, structures, or buildings in the same zoning district and no permit- ted use of lands, structures, or buildings in other zoning distri~cts shall be considered grounds for the authorization of a variance. History,--s. 14, ch. 69-139. 163.230 Board of adjustment; re¥iew of ad- ministrative orders.--In exercising its powers, the board of adjustment m,y~ upon appeal and in con- fortuity with provisions of this act. reverse or af~rm, wholly or partly, or may modify the order, require- ment, decision, or determination made by an admin- istrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this act, and may make any necessary order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal ~s taken. The concurring vote ora majority of all the members of the board shall be necessary to reverse any order, requirement, decision, or determi- nation of any such administrative official or to de- cide in favor of the applicant on any matter upon which the board is required ~o pass under any such ordinance. ' History. s. 15, ch. 69-139. 163.235 Appeals to board of adjustment from decision of administrative official.~Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, board, or bureau of the governing body affected by any decision of an admin- istrative official under any zoning ordinance enacted pursuant to this act. Such appeal shall be taken within 30 days after rendition of the order, require. ment, decision, or determination appealed from by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The appeal shall be in the form prescribed by the rules of the board. The administrative official from whom the appeal is tak- en shall, upon notification of the filing of the appeal, forthwith transmit to the board of adjustment all the documents, plans, papers, or other materials consti- tuting the record upon which the action appealed from was taken. 'His~ory.--s. 16, ch. 69-I39. 163.240 Stay of wo~4; and.proceedings on ap- peaL--An appeal to the board of adjustment stays all work on the premises and all proceedings in fur- therance of the action appealed from, unless the offi- rial from whom the appeal was taken shall certify to the board of adjustment that, by reason of facts stat- ed in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining or- der which may be granted by the board of adjust- ment or by a court of record on application, on notice ;o the officer from whom the appeal is taken and on due cause shown. History.--~ 17, cl~. 69-189. 163.245 Board of adjustment; hearing of ap- peals.--The board ofa&iustment shall fix a reasona- ble time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hea_ring, any party may appear in person, by agent, or Dy attorney. Appellants may be required to assume such reasonable costs in connec- tion with appeals as may be determined by the goo- erning body through action in setting of fees to be charged for appeals. For procedural purposes, an ap- plication for a special exception shall be handled by the board of adjustment as for appeals. History;--s. 18, ch. 69-139. 163.250 Judicial review of decisions of board of adjustment.--Any person or persons, jointly or severally, aggrieved by any decision of the bom:d of adjustment, or any officer, department, board, com- 6~4 Ch. 163 INTERGOVERNMENTAL PROGRAMS Ch. 163 ~on, or bureau of the governing body, may apply ~ .c circuit court in the judicial circuit where the board of adjustment is located for judicial relief with- in 30 days after rendition &the decision by the board of adjustment. Review in the circuit court shall be either by a trial de novo, which shall be governed by Florida Rules of Civil Procedure, or by petition ,vrit of certiorari, which shall be governed by the 'ida Appellate Rules. The election of remedies I lie with the appellant. tory.--s. 19, ch. 69-139. t63.255 Enforcement of zoning ordinances~-- (1) The governing body shall provide for the en- ibrcement ora zoning ordinance enacted pursuant to ttfis act. A violation of this act or of such zoning ~ mnce is declared to be a misdemeanor of the ~, . degree, punishable as provided in s. 775.082 or s. 775.083. Each day such offense continues after written notice shall be deemed a separate offense. ~l~he governing body is also empowered to provide civil penalties for such violations. (2) In case any building or structure is erected, constructed, reconstructed, altered, repaired, or maintained or any building, structure, land, or wa- ~er is used in violation of this act or any ordinance or other regulation made under authority COnferred hereby, the proper local authorities, in addition to other remedies, may institute any appropriate ac- tion or proceedings in a civil action in the circuit court to prevent such unlawful erection, construc- tion, reconstruction, alteration, repair, conversion, maintenance, or use, and to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, land, or water, .and to pre- vent any illegal act, conduct of business, or use in or about such premises. History--s.. 20~ ch. 69-139; s. 84, ch. 71-136. 163.260 Regulation. of .subdivisions; par- poses.-- (1) The public health, safety, comfort, economy, ~rder, appearance, convenience, morals,.and general welfare require the harmonious, orderly, and pro- gressive development of land within Florida and its counties and incorporated municipalities. In fur- therance of this general.purpose, counties and incor- porated m~micipalities, individually - or m bination as authorized by this act, are author- ..... ~ and empowered to adopt, amend, or revise and enforce measures relating to land subdivision. (2) The regulation of the subdivision of land is intended: (a) To aid in the coordination of land develoP- .r~t. in counties and incorporated municipalities in- ;ordance with orderly physical patterns; b) To discourage haphazard, premature, uneco- mic, or scattered land development; ~c) To insure safe and convenient traffic control; d) To encourage development of economically stable and h ,ealthfid communities; (e) To insure adequate utilities; (f) To prevent periodic and seasonal flooding by .~ ~ ~viding protec.~ive flood control and drainage thcil- s; ~l~g) To provide public open spaces for recreation; (h) To insure land subdivision xvith installation of adequate and necessary physical improvements; (i) To insure that the citizens and taxpayers of incorporated municipalities and counties will not have to bear the costs resulting from haphazard sub- division of land and the lack of authority to require installation by the developer, of adequate and neces- sary physical improvements; (j) To insure to the purchasei: of land in a subdivi- sion that. necessary improvements of lasting quality have been installed; and (k) To serve as one of the several instruments of comprehensive plan implementation authorized by this act. H~tory.-Z-s. 21. ch. 69-139. 163.265' Sul~division regulations; approval of subdivision plans by commission.-- (1) 'In any area in which a commission has been established in accordance with the provisions of this act and in which a comprehensive plan or such por- tion of a comprehensive plan as relates to the major street plan shall have been adopted, the governing body may designate the commission as its accredited representative for the purpose of approving subdivi- sion plans and of approving plats, as provided in chapter 177. When so designated by ordinance, the commission shall be the agency which shall perform all or any designated portion of the functions pre- scribed in this act or in chapter 177 with respect to spreparation of subdivision regulations, approval of ubdivision plans, approval of plats, action on im-~ provements and performance bonds relating there- to, and findings precedent to the reversion of subdivided land to acreage. (2) When the commission has been accredited by the governing body for the approval of subdivision plar~ and 'of plats, it shall approve or disapprove subdivision plans and plats within a reasonable time after submission thereof. If a subdivision plan and plat is disapproved, the grounds for disapproval shall be stated on the records of the commission, and a statement in writing of such grounds of disapprov- al sh~l be ~furnished to the developer or his agent. If it is desired to hold a hearing upon any subdivision plan and Plats submitted to the commission for con- sideration,: parties in interest shall be notified by due public notice. (3) Approval of subdivision plans and plats by the commission shall not constitute or effect an ac- ceptance of the dedication of any street or anY other gr~)und shown upon the plat. The authority to accept ~lediCations of land for whatsoever purpose Shall be exercised exclusively by the governing body to which the dedication is deemed to be made, and such au, thority may not be delegated. ~o~.-~. ~, ch. 69.m 163.270 Subdivision regulations; adoption and amendment.-- (1) The commission, when accredited by the gov- erning body for the approval of subdivision plans and plats l~nder the provisions of this act and chap- ter 177, shall prepare and recommend to the govern- ing body for ad~)Ption regulations governing the subdivision of land within the area. Before the adop- tion of subdivision regulations or any amendment thereto, the governing body shall hold a public hear- 665