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Minutes 11-08-76Joseph Aranow, Chairman Derie B. Bailey, Vice Chairman Robert Gordon, Secretary George Ampo! Alvin C. Boe!tz Vernon Thompson~ Jr. Foy Ward Walter Rutter~ Alternate E. E. Howell, Bldg. Official A~SEh T A. J. Ca~avet~a, ~_~ernate Chairman Aranow called the meeting to order at 7:00 P. M. He introduced the members of the Board, Building Official and Recording Secretary. Minutes of October Chairman Aranow requested Mrs. ~Kruse to make the notation that the ~ ~ of . aosence ~. Boeitz was an e~cused absence ~.'m. Ama. o- moved to accea,~ the minutes as corrected. The motion was s~conmem and carried~unanimousiy. Old Business Parcel #2 - South JO' of Lot ~ & all of Lot 4~ Glen Arbor Recorded in Plat Book 25, Page palm Beach County Records Request - Relief from ?½' side setback ~ ' '~' side setback _ equ. lre~..~ to 6 ~ to construct additional living area, maintaining existing setback. Address - ?]~ N. ~. 8th Court Applicant -'~ayne R. Prindivi!!e Mr. Gordon read the above application and read the reason requested, was that under the previous zoning, the house was originally built on 6' side setback and to maintain uniform lines to the house addition~ they must continue along the same setback. Gordon made a motion to remove this application from the tab!e~ seconded by i[~'~. ~mpo! Motion ca..~_..ed . Mx. Howell distributed, the new survey to the members. Chair- man ~,t~ranow asked if Mm. Prindivi!ie was present and asked him to step to the microphone. MINU~S BOARD OF ADJUSTl~N~T Mr. Wayne R. Prindivilie stated his name and his address as 71~ No W. $th Court. Chairman Aranow referred to discussing this matter in full at the last meeting and have now received a survey. He believes this survey conforms to the require- ments of the Building Department and M~. Howell replied that it did. Chairman Aranow then asked if the members had any questions. ~h~ Ward questioned -~ ~ ' ...... ~n±cn setback he was asking, . __ = relief from and ~>~ Prindivil!e .... =~ ....... ~. him it was the south side set- back. ~h~mr .... n Aranow reeueste~~ ~ that he iooim, t out exactly where the addition would go and Hr Prindiville ~ plan and explained it. He added that he dropped oft a new survey this morning, but noted that the members had the old copy He informed the Board that the surveyor did error and the car:oort is s~t back 6 ~2' ~ '~ .... . ~nsv.~am off the 2.67' sh ow~. }'~. Thompson made a motion to grant the vsa~iance~ seconded by }~ Ampoi. ~T · ~.,o discussion. As requested~ took a roll call vote as follows: },Ir. Boeltz - ~e }~. Bailey - Yes Mr. Ward - Yes Mr. Thompson- Yes }'~. Ampo! - Yes ~. Gordon - Yes Hr. Aranow - Yes Motion cs~ried 7-0. C~a~.~.rman Ara,.ow then gave the drawing to ~.~s. Kruse toi-~be returned to Mrs. Padgett. New Business Parcel s~ ~ - xrl - Golf View Harbour, 2nd Section Lot 9, Block t9 Recorded in Plat Book 27, Page %7 Palm Beach County Records ~eq~st ~elief from 25 £'t. rear setback requirement to 20 ft. reap setback. To construct, on existing patio, a screen room with alumin'mm roof. Address - ~609 S. W. 25th Avenue Applicant- Reino Johnson },P. Gordon read the above application and read the reason requested was to construct a patio of useful size and to be realistic for its intended use. Mr. Reino Johnson stated his name and his addmess as S. W. 25th Avenue. Chairman Aramow ~o~.e~oa d ~-~ ~ he wanted to MINUTES BOARD OF ADJUSTR~]NT 976 add anything to his ~'~ pe~l~.~on. W~. Johnson ~ f ' ~ ........ n_orn~eG the Board that~n_~s p~roper~y~-*~ is next to a canal and there would be nobody behind him. There are empty lots across from him and next to him. }~. Rutter clarified that the canal was in the rear and M~. Johnson agreed and stated the screen room would look at the canal. Mr. Rutter asked if it was just to be a screen room and Mr. Johnson replied: yes and explained that he did not need a variance for 5 ft., but this would not be wide enough to sit in. PP. Boeltz asked if the roof would go down and M~. Johnson replied: no. Mr. Boeitz then asked if anyone else has a screen room in this area and PP. Johnson, replied that there were quite a few Ph~. Boeltz asked ' ~ · m_, they extended out the additional 5 ft. and Ph~. Johnson replied that he did not know. ~P. Boe!tz ~ + ~ ~ ~ ~ _ _. s~a.~em that a~co~d~ng to his thinking, once they give this to one~ they must give it to everyone in that s-mca. He explained how the zoning law would be hurt~with everyone being given the same ]privilege. }~. Johnson informed him there were screen rooms in the whole development and Mr. Boeltz replied that all he had seen had the 2~ ft. setback. Mr. iYard asked if he was the original owner and P~. Johnson replied: yes. P~. ~Rlea~d asked if the patio slab was put in with the house and }~. Johnson replied that it did come with the house and he mentioned wanting a screen room when he first moved in~ but the builder suggested saving the money and nutting it in later. ~,-~ Ward referred to this not being o~,_~ on the survey and t~'~ Howell stated that a revised survey dated 4 June ~ 973 had been submitted.. He then as- certained that the members did not have this revised survey and showed them his copy. Mr. Ampol clarified that he ac- quired his house on 10 October 1973 and Pi~. Johnson agreed. }~. Howell asked if there was a roof over the patio now and ~.~. Johnson replied: no. The members then studied the revised survey. ~@. Thompson clarified that it showed a ~ ft. easement, 25 ft. setback, and 9.?~ ft. as the size of the patio. Mr. Johnson stated that from the stem wall back to the line was 30 ft. and he wanted to bring the screen wall up to that size. }~. Ampol stated that he would be 20.6½ ft. from the canal and Mr. Johnson agreed. Mr. Bailey questioned if the ~ ft. easement was counted as part of the property and Mr. Johnsonrrepiied that it was and told about talking to the Lake Worth Drain- age District in reference to putting up a bul!uhead, but he was told he would have to go an additional ~ to ~ ft. and fill in. Hr. Rutter asked if this was a Mi!nor home and Mr. Johnson replied: yes. P~. Bailey referred, to the survey showing 34 ft. and Mr. Thompson agreed~ even though some is in the water. The members discussed whether this was correct. M!NU~S ~. Louis Labrador informed the Board that he recently put up a seawall and obtained a permit from the Lake Worth Drainage District and put it up ~ ft. from the property line. Chairman Aranow stated tna~ at the last meeting, the Board asked the Building Official to notify Mrs. Padget% that they would take no surveys unless they were dated within the past six months. This survey is over two years old. As far as be is concerned~ they ~ ~_~1 have these questions raised time and again and he believes they should set a policy. There have been questions and if there had been a recent survey, the questions might be answered. He would like the Board members to make up their minds on the question of whether they are going to accept a survey older than six months. PP. Rutter replied that he did not see how they could ac- cept it after denying so many on this basis. I~. Howell informed~%;the Board tha. t he did send a letter to ?h~s. Padgett and also to his Building Department after the last meeting that there ~' ~.~ou=d be no more surveys accepted more than six months old. There is ~e possibility that this application might have been made before that letter was sent. He just wanted to make _~ clear how this possibly happened on this particuia2~ application. Chairman Aranow referred to having this arise numerous times in the past and. they should reiter- ate their ~ TM ~. Bailey stated ~ - ~ would like to apologize to ~. Howell for the statement he made with reference to the survey as there are three dimensions on the west side of the property which total ~10 ft., so there is only ~0 ft. in the back yard. Mr. Howell explained how he read the survey to give 1t0 ft. overall. I~~. Ward referred to 80 ft. and ~0 ft. being shown on the othero_~,..~ o~_ the arrow from the .... eas~me~.~ line and Mr. Bailey replied t~a~ he did not think it was an Chairman Aranow referred to these +,,~ ,~' .... ~ ~ · ~,~o bu=mGe~s and tn~ '~'~ ~ lng Official hav~ng/d~fferent opinions and stated that under the circumstaNces~ he thinks they should reiterate their policy and decide from there. Mm. Ward. made a motion to table this application until the next meeting with the request that an updated survey be sub- mitted. ~. Bailey seconded the motion with the reason if they don,t do it, they would not be treating the previous applications fairly in requiring one from them. Under dis- cussion~ ~. Thompson referred to there b,=~B an error the dimension and-he believes an updated survey would be the answer. ?h~. Bailey agreed there were three w~rs to read this survey. Cham~man Aranow aske~ m i£ anyone desired to speak for or against ~' ' ~nms application. MN{UTES PAGE FiSfE ~. Louis Labrador s~a~ed his name and his address as S. W. 25th Avenue, approximately five homes down from Mr. Johnson on the same canal. He referred to the conf!i¢~t being pointed out on the s'mrvey and stated he did not see where a conf!ict is that important. It was not but more than a month ago that he had a seawall buii~ and the Lake W 0 ~r~.~n.~e~ Da~r~ot told him he had ~ to 6 ft. in the water. Chairman Aranow informed him that they did not oper- ate on a decision o£ the Lake Worth Drainage District, but on the decision of the Board. }~. Labrador agreed this was true~ but stated that he had to obtain perP~ssi0n £rom the Lake Worth Drainage District to put up a seawall. In reality if they want to look at it, this could be considered as only a ~i to 2 ft. variance. Mr. Rutter stated that he did not know a canal came right up to the seawall and referred vo an area flor re~a. irs~ . .~. Bo~tz sta~ed that they may _e~ you build a seawail~ but do not give you the mroperty. Labrador replied that }.~. Rutter was correct ~nd they do have an area for repairs, but it is on the other side of the canal. }~. Howell clarified, that either way the survey was read and if they did give him the benefit of having 6 ft., he would still need a variance for ?½". He agrees with the Board that there should be an updated survey and it should be spelled out. In the case with Mr. Labrador~with the sea- wall, he evidently had a survey showing the seawall. Labrador informed him that he had exactly the same survey as Mm. Johnson. Mr. Howell questioned when it was issued and Mr. Labrador informed him that he bought his house in ~972. Mr. Howell asked when he put the seawall in and Mr. ~abrador replied: about two months ago. Mr. Johnson added that he called the Lake Worth Drainage District and was told the ca~al is 60 ft wide and there is a ~0 ft. ~'~ · -!onv-o~-way on the other stone' ~ ~o~.~_ ~_ezr~ ~ equipment. From his ianm' ~ over, there is !00 ft. Chairman Aranow then ascertained that nobody else desired to ~-~ in ~ - ~etition and informed ~,~. o~=~ reference ~ this Labrador there was no need lop-him to return if this was tabled. He then requested PP. Gordon to read the communi- co.~=ons oe£ore taking a vote on the motion. Mm. Gordon read a letter from Mr. E. T. Finnigan stating he- was opposed to the granting of this variance as other re- quests within 600 ft. have been denied and he feels this should be also. _~74~. Rutter referred to being confronted previously with people owning Mi!nor Homes with slabs placed in the rear of the house and having been told not to worry about closing .it in as they can just go to the BoaPd of Adjustment and it will be approved. He knows there have been four to five denied. Mr. Ampo! agreed. MINUTES BOARD OF ADJUSTPLENT NOVE}:~ER 8, 1 976 Mr. Gordon '-~ ~ une~_, read a letter ~'- ~ ,_rom ~s. Olive Countryman, ~3~5~ S. ~i~.. .-~Sth ..~venue~ stating~ it was o~eay for t~he vari- ance for ~. Johnson. Chairman Aranow announced that al motion had been made and seconded to table this ~:p~mc~t~on~ ~' ' ~ ~~.~'~"~_~, the next meeting with the request that an updated survey be sub~itted. Ampo! questioned the date of the next meeting and Chairman Aranow informed him it would be December 13. As requested, i'~tcs. Kruse then took a ro~_ call vote or: the motion as fol- lows: }~. Boe!tz ~ Aye ~. Bailey - Yes M~. V,~ard - Yes i~ec. Thomps on - Aye Mr. Ampol - Aye Hr. Gordon - Aye P[r. Aranow - Aye Motion carriad 7-0. Chairman ~-,~ ~? ~ ~.~.o~no~ informed_. Mr. Johnson__ that ne had been ~ve~ ~ ~ the l'f '~ ' oo~or,unmty to get his survey brought up-to-date and re- quested that it disclose the things discussed~ He added that he was sure Hr. Howell would assist him. Old B slneo~ Parcel #t - Lots 1,2,3,4,5,6 & E 15.35' of 7, Casa Loma Recorded in Plat Book 1~ Page 3 Palm Beach County Records Request - Relief from 25 ft. front setback requirement to build up to front property line~ to remodel and add an extension Address .... 728 Casa Loma Blvd. Applicant- George ~f.~ Cuzv~r' o Ph~. Gordon read the above application and read the reason re- quested was to ~ ~ ~.' ' ou~ldmng rep±ace ear~ of the non-conforming '~ ~ ~' and replace same to improve service to the customers of the Two Georges Marina. He ~ it a,~.ded that was tabled for a new deed, new survey, and power of attorney. Nr. Ampol mame a motion to remove this from the taoie, seconded by Mr. Gordon. Motion carried 7-0. Chairman Aranow asked if ~. Culver was present and. P~.. George W. Culver appeared before the Board and stated his name and his address as the Two Georges Marina. He gave Cn~mrtan Aranow the Administrator's Deed and Order from Judge MacMillan giving him power to act, He stated that MiNU~S BOARD ()F ~ ~- ~ .... T he did not l~mow a survey was~:~needed. He thought he would have to present an up-to-date survey if the variance was granted in order to get a building permit. He just thought he had to "orove he had the power to act. Chairman Aranow - -~'~ ~ th=t they w~uted these papers for the proof whether he had the power to act~ but also wanted to have a survey no later than six months old. He referred to this being a problem many times. He suggested reviewing the papers presented and they can then decide in regards to the'survey. Mr. Ampol asked if the papers were in order and Chairman Aranow read the Order and Administrator,s Deed submi, tted. He explained how he was not thoroughly familiar with law and this is the reason they requested ~ Re~d to be p~e- se~ and they recognized the fact there were legal - prO He believes it is s f=.¢me~t for the moment~ but they should ch~,c~ m~ out with t._e City Attorney. He referred to the Order dec~sm~in~ Yancy Byrd Chsa-!es -~ -o , iIZ, Herring, and George Walter Culver to be qualified to act as trustees, but he does not see anti, here where ~. Culver alone has the authority to bring this pet_~mon. .According to this Order, he oresumes the Deed is okay. ~, Culver informed him that Mr. Byrd is a !cyber and informed him that this was all he needed. Do they want a letter from Mr. Byrd and Mh~. Herring stating he has the power to act? He then asked if Mr. Reed was oresent and ~ ~, ~ ~namrman Aranow replied onat unfortunately he was not and they will have to take these two questions up with ?hTM.Reed and advise him. ~. Cu!ver asked if there was any way the Board could rule on this with- out leaving him hanging as long as he meets the requirements and Chairman Aranow replied that talking as the Chairman~ they can ' ~-~ ' ma~ ....a decision which '~,~b* be ' c~n~--oent upon the happening o£ certain things, but what tnay have here ms a question of going to the beginning of this "h~ v~ng. ~z he is not authorized to present the 'oe+~ ~ ~ ~=t=on~ that ms the end of it. If their ~ol~cy ~ ~ ' ~ .. - !~ ~nav ~ney require a recent survey~ t~ey cannot sa~ they ..... ,~m!± grant or deny until they get the survey and since they ~re ~'~ ~ ~ ~ e.~v=~tme~ to a survey~ they must have it first. In ~ r~-a~cs to these legal papers the deci- s~o~ must be made by ~ ~ ua. ~ q~ ~ ~mod~sn. They will for- ward these papers to the City ~tto~neys~ so they will be to ~=i the Board what authority they have to act and whether they are entitled to act As ~ar as the survey ~ · - ~ ~ s~uat_on, it is no different to him than anyone else. ~ Culver s~aoea that he ~ ~ · mace the application and - i'ee arid nothing was sa_~a about a survey. He suggested using ~ ~ pam~ the common sense and questioned the cost of a survey and Mr. ,~,ar~ replied that it was not cheap. Mm. Cu!ver asked if he would go to this expense and ask the Board to listen if he didn, t have ~_e power to do this? Mr. Rutter replied that power is one thing and right is another. Chairman Aranow added that they did not have the authority with regards to this. ~v~ CuiVer ~tavem that he ,~m_! must go to this added ~ ~'~'~t know if he was throwing money away. They are thrDwing this at him after he made his application. Chairman Aranow replied that he was sorry~ but they were not trying to make~anyone spend more money. He read Item #6 on the application requiring a certified spot survey with all setbacl.~ and dimensions. He referred to the application being signed by George ~. Culver and stated that he presumed he read what he signed. He pointed out that this was a re- quirement according to the petition he signed. Mr. Rutter stated that it did not state an up-to-date survey and a ~969 survey was submitted. Chairman Aranow 8!arified that they have now advised ~'~. Culver that the survey must be dated within six months. M:-~. Rutter referred to item 6 not stat- ing this and Chairman Aranow agreed. Chairmsm Aranow con- tinued that Oi~Brien, Suiter & O'Brien are still in business and to have the survey brought up-to-date would not cost the original price. As far as he is concerned without the survey, they cannot pass on it. ~. Ward asked if the minutes showed that Mr. Cuiver was re- quested at theLlast meeting to bring a survey and Chairman ' ' -~ ~ ' ' '~ Page Aranow read the mow_on ~rom the mmnut~s on 9, last para- gra. ph~ requesting the power of attorney, deed and new survey. Mr. Ward stated he wa~:3, ted it for clarification as he did not have a copy of the minutes. ~ Howell ~ ~ ' . s~at~,d that mn all fairness to }~. Cu!verl he did come, into his office and asr-ed him if ~.e~ would have ~o go to the expense. He told him he could not truthfully answer how the Board would ~e~ but he could ..... a~ the ~,~.,4 to near the case with the n~ ~ ,_ ..... ~.~_~.~ items presented w~th the understanding ~ ' ~' ' ~ ~o--~.ate if they a:_d rule on it~ it .~,,,oal~, be subject: to an up-~ ~ survey verifying the existing survey to be correct. He did ..... a~_ ~ ?~ ~ ~ong amd no?fully he didn~+ He left it at his decision~ as 'he did not know how the Board would act. Chairman Aranow stressed again that if 0i~Brien~ Suiter and. O~Brien have to up-date'a survey, he does not think it will be a very big expense. He thinks to make this decision they should have every piece of information that is required and it is for Mr. Culver's protection also. In the event he disagrees with the Board's decision, he has the opportunity to go into court and have this reviewed. He explained how if he decided to have it reviewed by court~ his case may be pre~ judiced with not having all the papers. Mr. Cuiver replied that he would never go any further than here. He is not going to knock out his brains to spend $~00,000. Chairman Aranow added that if he wanted to get the survey, he was inclined to think the Board may grant the variance. MINUTES BOARD OF ADJUSTbENT PAGE NOVE?BER 8 ~ 1 976 Mm.~ Thompson asked if there was anything else required in addition to the survey and Chairman Aranow replied that they must get an interpretation of these eaeers from Mr. Reed. He requested Mrs. Kruse to have copi~s~made of the Court Order and Administrator,s Deed for M~. Reed. He is sure Reed will see the two questions asked by the Board and whether the Administrator,s Deed is sufficient to transfer the deed and the Order appoints three ~peopte as trustees. His opinion is that one man on the face of this Order is ~none~in~R+ to have the authority to act. There is nothing stating that any one of the three people can make a decision. b~~. Rutter asked if any minors were involved and Chairman Aranow re~=~e~, no. ~r. Ampol asked if the other two trustees re~r~s ......tea ~-, Cu!ver,s two children and ~,~r ~,-~t~o~ · ~- Culver yes Mr. Ampo! ~ where his v~ife fitted i~ and M~ Cu!ve~ r~i~mmem that she didn't. Mr Thompson referred to the p ~ ' -~ ' , o~-~imty of the City Attorney needing additional information from the other two .~- make a me~mslon and M~ Culver replied on~.~ all t}~ would come to his office. Cheirman Aranow e~?lained how the City ~uz-~,y read ~ne Boa-ed minutes in detail and z_ms ms noted that they ,~ou~d b~ willing to meet with him. Mr. Cu!ver referred to the pa~ers submitted being the originals and Ch~.~rm~:~n Aranow e~ained ~ ~ ,~ .... how they were ~,ho~osvat co-oies ~h~-. CulVer - ~ ~- ~ ~ ~ _ · ctar._~]_em t~a~ these were the only ~ ~ .... ~e~ he had Cnamrman Aman~,~ requested ~/ ~s !fruse to have coD~es · ma~ of tl:ese fo-~ the file and City Attorney n~ . .... a_~ informed ~ Cuiver to stop at the City Clerk's office tomorrow and these copies would be retrained to ~ ~ ~ ~ · · n=m. M~. Cumver czarmfzed that he must v~amv to hear fvo~:~ ~¥~. Re~d and C amrman Aranow agreed and re- quested. Mrs. Hruse to make sure that ?~L~. Reed sends a copy of his reply on this matter to the Board to w-~. Cuiver He re- quested '~ ~ ~- vna~ this be called to Mr. Reed's attention., ...... ,~ ..... mo~ed to table tnms application until the next ......... m on Dece~nbe~ 1~ seconded by Mm. Gomdon. lfO discus- sion. As requested~ ~','~s Kruse voo_~, a roil ~"~ vote as follows: ['~. Boeitz - Aye ~-~. Bailey - Yes Mr. Ward - Yes i'e~. Thompson - Yes Mr. Ampo! - Aye ~?. Gordon - Aye ~. Aranow - Aye Motion ..... Mr. Rutter referred to clarifying Item #6 on the application and Chairman Aranow :~ep!ied that ~e tnou~nv the entire appli- cation should be discussed with Mr. Howell and ~s. Padgett MINUTES BOARD NOVw~'~''~ 8 ,~ as soon as they have a little time and the whole thing should be revised. They should know wb,~t the oldTM..... ; ~o ..... ~aw was tna~ tn~y are co~ng in on and should know what the new ].aw says. They can look '~ ~ ~ but t_~ere is no reason why it ~ ~' - ~ snoumd not be on the application. M~. Howe!Z stated he would take it upon himsel~ to be sure to have th:is application changed tomorrow morning to have it read nnot over six months o!d~'. Chairman Aranow then ascertained that the two people present in the audience were in reference to ?~. Culver's application. He ad~,~.sea that t~ey w~r~ welcome to return ,,~b~ i~ is dis- cussed on December 13. Hopefully they will be in a Zaosition to decic!,e tn~, matter then '~ they ~ ~- t the ~fo~mation ~rom Mr Reed. The gentleman from Smokey's replied that he had brought his plan to verify what he had to do and Chairman Aranow re- ~l~e~,. that there was no reason why anyone would ~--~ what he ~ ~ULLU ~ said previously. 'M~. Bailey then referred back to the discussion of revising the application and advised that in February, the Board ap- proved an application with (up-to-date) being stated under item ~!6, The application submitted by ~. Culver is not the one they approved. ['~. Thompson agreed that they had asked for a revision with a check list instead of filling in a lot of things. Mr. Bailey continued that they have made rulings and have stipulated that ir a survey is brought~ there will be no problem. He does not feel they need an up-to-date sur- vey as he knows how much it costs and ~ey may not recover that money. Mr. Thompson r~p!._~d, that was not -~ ~ up- uo- da~e, vney cou!a 7~,ossibiy vote on something with seeing only na~_f the picture. Mm. Howell stated that he did not believe the Board was wrong in requiring an up-to-date survey because a lot can ~ ~' ~ year. ~ .... ~ - ~ ~ n~p~en in a ~hen a ~azmanc~ requested~ they need the facts to go on. He doesn't remember the appli- cation referred to in February. He does remember they had everybody coming before the Board because of the zoning ordi- nance, At that time to keep xrom working hardships on the people, they did accept a survsy up to ten years oid~ but that ordinance has now been corrected. He is in agreement with requiring an up-to-date survey. He does require it in the Bul]ding ~ ........ De o~ tremont. Mr. Bailey ~ ~ ~ ~ _ -- ~ e~err,so, to a survey being required %y the Building Department be¢ -~ . '~ - ~or~ ap'oiication :Is made to this Board. There was some further discussion about the necessity for an up-to-date survey-. C or~espondence Chairman Aranow reaa a letter from s,~e Office of the Oity 2ttorney ~ ~ ~ ' to - ~,r,=ssem Mrs. Padgett signed by ~. ~.~ Smodish with -~ ~f ~,~., ~e_e~e~,ce to she Clark vs. Morgan case. He ascertained that - n~ ~:"b~ U~ .... = ..... s had received a copy of this case. ~ me c on- tinued reading theL!etter advising that the City Attorney's M I~U T~S Office was in the process of preparing a revision of the sec- tion of the code pertaining to the Board of Adjustment and they are interested in obtaining the Board,s opinion as to whether they should ~rsnt use ~ances as ~rm_Ntted in the Clark case. Chairman Aranow stated it was his personal comment that they received this letter because there was a question raised whether or not a certain case was proper~and he explained. He referred to an ordinance being passed by the City o£ Boynto_n Beach whereby special conditions could, be ruled upon by the Planning & Zoning Board. Nobody asked the Board A~justmeat ~he~==er or mot they wanted the right to grant use variances before they drew up the ordinance giving the power to the Planning & Zoning Board. Now~ they are asking the Board if they want the right to grant use v~iances. He be- lieves the Board of Adjustment should be notified and get copies of i~put whe~ something is on the City Coumci! calendar involving the Board of Adjustment. Why do they have to wait u~til ~.2t.~r something is done ~_~_d then see ~ they wa~t ~t changed? ~ ~ ~ ~'~ ==e then asked tn= pleasure off the Board with regard to granting use variances. b~. Rutter referred to many times hearing b~. Howell and the members of ~ ~ ~- '- ~ ~h~. Board t~y!ng to cmarmzy szoeciat conditions in which they could change the use of property. They would be involved in somethfng the Zoning Board should, be doing. He thinks the decision should be :made by the Zoning whether to change the use of the property. Mr. Howell referred to reading this letter carefully and stated he thought from all the information he has been able ~o gatheroon a use ~ ~,~ the Planning & Zo-ni~g Bosmd by thinks iv~. S~'~'zodish in his letter is ssfzing through this Clark case that if this Board v~'an, ts an o~din~==~c~ dra~r~ to where they are legally able to rule on a use variance that it can be done with this Board and the Planning & Zoning Board~ working to- gether on it. Chairman Aranow agreed he may be right. Chairman Aranow continued 'with referring to the s~ecial AdTHoc Co=,~ .... v~ee a'oT~ointed bet'~e~.~ the Board of Aajustment a.~u Planning & Zoning Boa~m. He stated that the Planning Zonqng Board never called for a m tmng. Some questions '~a~s~d were worked out between I~>. Howell and the .~lan:a~ng Zoning Board, However~ he doesn't see why they have to wast untSl an ordinance is c{rawn o ~--e .. Zoning BoaPd - ,~ an~. then ask if they want it ~Im of the · ~Oa_ d of Adjustment,s authority was wined out of the blue book and they have no authority to cov~ special exceptions. NINU isa BOARD OW ADJUS~'~',' N~ Howell ~o'~ he .~. s~,v~ thought this came up because he brought cases here thinking the Board could rule on use variances. He referred to the application from Bethesda Hospital and they discussed how this was handled. }~. Ward then referred to operating under Chapter ~6~ which states the Board o£ Adjustment shall meet with the Planning & Zoning Board and make special exceptions. This is the State Law and he does not know ho~ they can get around it. He asked if the City Council adopted the entire Chapter 16} and Chairman Aranow replied that he did not know, but State Law tsl{es pre- £erence over City ordinances. Mr. Howell stated he thought this is what ~. Smodish was saying, it is very possible the way the ordinance is drawn up that they did not take it in its entirety and the Board o£ Adjustment is limited to setbacks. k~.e letter ~ m,~, saying if this Board - ~' ~a~vs the authority to rule with the Planning & Zoning Board on use changes, it can be set up that way. Mm. Ward replied that he thought they must go by the State Law and one Board could not do it alone. Cna~_rman Ara.no~? referred to appeals made to the Building Board A ,.~u~m~ts and Appeals and Hr. How'ell explained how this Board strictly heard -,, .... ~' ar~pe~s to the code. 7%~. Howell stated that the Board o£ Adjustment was the only Board with authority with reference to zoning. Chairman .ar~no~ replied that they on±y have ~-~ ....~v~.~t~ to grant variances ~'~ ~h~2 ~Ou cha.nge~i~ uses. ~. Howell referred to the letter stating if they wanted it~ they could have it with the Planning & Zoning Board. He added that this came up be- cause this Board turned down an appeal and the Planning Zoning Board changed a use in a zone for the same applicant. It is his understanding t' ' ~=ve the r~g~_t to do this with having a Dubiic hearing. They discussed further the action taken w~th the Bethesda Hos"n~ The ' "~ memoirs then ~GP~oed their aor,~e~e~t just to applications fop variances. s~--.~y tae:. referred to the City o.-~,~i ....... · · ~.~-~-~.~:.:~ stat~_ng that it was mn ~ ~ ~'~ce ~ r~+ 2 Th~ ques- co~ orm~ with Cha~ter ~o.,ea the reference to Part 2 and it was decided the City ~ttorney must give an answer clarifying tn=s. Mr Rutte~ referred to the poss'~bi~ity of ' - - -- ~h:~ Boa~o. of Adjust- ment and ~:~qa~n-~ , ~ ' havin~ the au'thoPity ....... ~g & Zonins Board b,~tn .... o and the - -~ ~ · ~ pos~__it~ of one Board o ~rulm~o the other. Chairman Aranow ~to.v~~ ~ '-~r~ ~'~n~y~ should decide on ,~'wnevner,'~' they want the authority +o cnan~e use ar,.d he believes they are entitled to have PP.~=~ed or Mr. Smodish give an answer to the Bo~mrd on whether the City is bound~oy Cha~,uer2='~ 16~ in its MINUTES BOARD OF PAGE TH iR TEEN NOVEkBZiR 8, }9?6 entirety. A±so~ tn~y must ~_nd out from ~. Smoa..~sa or Reed what portions apply to this Board and what portions they are bound by. Mr, Ampol stated he believed the City Attorney or Assj~sta~!~t City Attorney should have been here tonight as requested. Chairman Ara. now stated that he hopes he ¥~-i!I atte~_~d the next meeting. If he cannot attend, he hopes he will advise the Beard at least two days prior to the meeting and. adw[se when he can come. Chairman Aranow summarized that the members were not inter- estediin having the Board make use changes in the !ss~vs. I'~~. ~ard replied that he was not going to decide until they find out what they are operating under. Chairman Aranow stated that the only time the Board of Adjustment had the power to change use was when there were special exceptions. These were taken e~ay from the Board. They discussed the question of special exceptions and how it was still included in the State law. ~ ~, ~ ~ ~n~rma~ Aranow suggested eetv~ng the in- £ormation from ~ir. Reed. Other Chairman Aranow referred to four different amendments dated October 5~ ~5, ~9 and 26 having been distributed to bring the blue book up to date. He explained how they must be inserted in order of the dates to bring the book up'zto date properly. Chairman Aranow then gave the site piar_ for b~'. Cu!ver's application to i,~s. P{ruse to be returned to Mrs. Padgett. ~rnment Mr. Ampol moved to adjourn, seconded by Mr. Bailey. Motion car~ied_._ . ?-0 and the meeting was ~}roperiy ed iourned~ .~ at 8:LFO Respectfully submitted~ Suzanne ~rus e Recording Secretary (Two Tape s )