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MInutes 09-13-76MI~IUT~o OF THE~u~D OF ADJUST~-~T M~ETING H~LD.~ AT CITY HALL, BO~Z~' ~ ~'~m~_O~? BEACH, FLORIDA, W~0~D&~ ~ ~ ~ 1 ~ e '~[I~ ~' ~ '~ 1976 AT 7:00 P~M. ~RESENT Joseph Aranow, Chairman Der!e B. Bailey, Vice Chairman Robert Gordon, Secretary Alvin C. Boe!tz Vernon Thompson, Jr. Foy Ward · ~ Walter Rutter, Alternate Albert Caravetta, Alternate E. E. Howell, Bldg. Official George Ampo! (Excused) Prior to the meeting, there was a discussion regarding the change to the ordinance pertaining to the Bos~d of Adjustment acted on by the City Council at their last meeting. The consensus of the members of the Board was to n~tify the City ~ if there is anything on any future agenma which Manager ~n~ may concern the Board of Adjustment in any fashion, they would like to know about it before it appears on the age~da so they may give any attention to it desired. Chairman Aranow called the meeting to order at 7:00 P. M. and introduced the members of the Board, the Building Oft_cma±, and the Recording Secretary. Minutes of ~August 9 ~3976 ~~~ Chairman Aranow ascertained there were no~. -~::=~£ ~, on~s- sions or corrections and then entertained a motion to adopt the minutes as recorded. Mr. Thompson so moved, seconded by Mr. Gor~o~. Motion carried 7-0. yubl_~ c Hearing Parcel #2 - East 25 ft. of Lot 8 and W. 37½ ft. of Lot 7, Block ~9, Lake Boynton Estates Plat #1 Recorded in Plat Book 13, Page 32 Palm Beach County Records Request - Relief from 12½ ft. side setback (Corner lot) to 8 ft. side setback Proposed Improvement - Screen Porch Applicant - Thomas and Deborah Pomeroy Address - 628 S. W. 3rd Avenue M~. Gordon read the above application and advised it was re- quested because the permit was issued with the 8 ft. side setback for the original house and the owner wishes to main- tain the same side setback for the new addition. MINUTES BOARD OF ADJUST~NT PAGE ~0 SEPTE~ER 13, 1976 Mr. Thomas Pomeroy stated his name and his address as 6£8 S. W. 3rd Avenue. Chairman Aranow asked if he owned this property as of this date and ~. ~omeroy replied: yes. Chairman Aranow referred to having a copy of the contract for the deed a~d ~. Pomeroy replied that he did not have the deed at the present time. Chairman Aranow read the contract pertaining to obtaining the title upon making cer- tain payments and referred to the clause saying if he should default in any payment~ he is out. He asked i£ he had made all the ~ayments and ~. Pomeroy replied: yes and the City Clerk has accepted this. Chairman Aranow replied that he did also~ but wanted to make sure that he owns the property. Mr. Howell added that if the Board allows this adjustment, the Building Department will require permission from Boca Estates £or amy addition to this house if the owner does not show title. M~P. Boe!tz asked if he knew the building was non-conforming and Mr. Pomeroy replied that he did now. ?~. Boe!tz asked if he knew when he bought it and ~'..~. Pomeroy replied: no. I~-. Boeitz asked if a variance was granted for the 8 ft. set- back and i~. Howell replied: no, it was bui!2 with the City's blessings in error. ~'~. Boeltz stated that since the con- tractor made an error, it did not mean the Board should make another error. M~r. Pomeroy informed him that he paid extra for the slab and the power comes to the edge of the slab. Mr. Boeitz informed him that financially this was not a hard- ship and explained how the changing of the ordinance had caused hardships. However, there was never sma 8 ft. side setback. Mr. Pomeroy stated that the City was at fault for issuing the permit and explained that he would not haa~e paid extra for ~n~ corner lot and slab if he had known. Boeltz referred to him having checked it and ~. Pomeroy re- plied that he took it for grar~ted that the City issued the ~e~mmt correctly. ~. Boe!tz stated that ~hey must gl-ce the same privilege to everyone and referred to the houses on the other corner also being non-conforming. He added that he ~ not understand how these houses were built . ~r~. Howell stated that when a builder comes in with a plan s~nd submits it for a permit~ it is the City's responsibility to check it and the permit for this should not have been issued. He cannot explain why the permit was issued as he was not here then. How many home owners when they buy a home check to see if the building meets the City code? .wh-. Boeltz replied that e:~eryone should check when investing so much money in a house. . ~am=ey asked approximately how long this development had been in existence and ~. Howell replied: better than two years. Mm. Bailey asked if he had signed a construction con- tract and if it stated it would be built to all City cosec, etc. and }~P. Pomeroy showed him the contract. MINUTES BOARD OF ADJUST~NT PAGE THPJ~E SE?TE~'~ER 13, 1 976 ~. Thompson asked if this contractor was still operating in the City of Boynton Beach and ~. Howell replied: yes. He added that the house directly behind this has a ~a½ £t. set- back and it was built after he took o~er the Building Depart- me~t. Howe~er~ there are at least four non-co~£orming houses in this area ~nd he lives in one also. ~. Ward asked if they were all built by the same company and Mr. Howell replied: yes. M~. ~utter suggested moving the slab and l~. Pomeroy informed h~m that the slab was tied into the house with a steel founda- tion. ~. Howell added that evidently when he had the house built, he paid for the foundation of the slab with planning to carry out the lines of the house. The lines of the house cannot be carried out with moving the slab. ~. Rutter stated he thought this problem could be ~vercome by mo~ing the slab back. Mr. Bailey then read Item ~0 o~ the construction contract stating it would be built to all City ordinances. He stated he could see with signing this contract~ the contractor put a hardship on ~. ?omeroy and the City put a hardship on the contractor by not correcting it. ~. Boeitz suggested poss- ibly making the contractor responsible to move it over and Chairman Aranow replied that this was not the Board's job. He clarified that a permit was issued~ a contract signed, and possibly the City may be r~sponsible because they okayed it. He does not want to give him any more hardship than the law requires. Chairman Aranow referred to what happened and asked why the contractor got away with it~ Can this contractor continue to build? How can they put a stop to it? ~'~. Howell in- formed him that the first thing he did when he~ took over the Building Department was to devise a plan checksheet and they check the setbacks, proper zoning, etc. This is how they caught this contractor. In fairness to the contractor~ in any 5ity when you submit a plan and if there is anything wrong~ the plan is returned. He does not think there was a procedure in the Building Department before he took over. Chairman Aranow asked how they could stop a contractor from getting away with this in the future and ?~. Howell replied that hopefully the pisz~ check is doing that right now and he thinks it is ~ ' ~.~ ~ · unamr~.an Aranow asked if a penalty could be imposed on the contractor and ~. Howell replied that he did not think the cantractor was at fault. ~. Ward disagreed and stated he thought the contractor should imnow the code regardless of the Building Department. ~. Howell referred to contractors having to k~.ow many things and the Building Department must tell them when they are wrong. He has been in the ~u_±dmng trade all his life and bought the house across the street and took for graze, ted it was conforming and it was not. Chairman Aranow referred to this builder still buildir~ MINUTES BOARD O? ADJUST~[~NT FOUR SE?~E~'~ER i3 ~ ~ 976 in Boyntbn Beach and asked why they couldn't refuse to give him a permit to do anything and M~. Howell replied that they couldn't unless it was proven that he willfully violated the code. If a man turns in a plan in good faith and it is ap- proved~ he is entitled to~ai?~rm~, There was some discus- sion and ~. Boeltz stated he thought the contractor should correct it for this man. Chairman Aranow still questioned why the builder should be able to get aw~y with it. Mm. Howell explained that the house was built and a c/o issued which states it meets the Boynton Beach code. Chairman Aranow replied that he was saying because the c/o was issued~ it is an excuse and ~ov~rup. If this applicant is denied, he thinks he would be perfectly justified in suing the City and the contractor. Why shouldn't the Building Department say this contractor is incompetent because he built where he should not have and Mr. !Howell reviled that contractor could say a complete set of ~lans ha~ been submitted and question why they were appro%ed. Chairman Aranow replied that they should let the City and the contractor fight it out~ but why put this man on the spot? He believes the con- tractor should not be allowed to build in Boynton Beach. ~. Howell replied that he did not think they could refu~e the contractor legally, if the plans are in order~ they must issue a permit. The house behin~ was revised after he turned it down. This was also the job of the Building Department on the other four houses. Chairman Aranow~-~o~^~~_~,~. that he got away with it and Mr. Howell replied that he didn't think it was with willful intent. M~'. Ward agreed that he didn't th~nk the builder should go scot free. ~h ' ~amrman Aranow asked if anyone desired to speak for or against th~s application and received no response. ~. Thompson moved to grant the variance, seconded by i~. Bammey. Chairman Aranow requested a roll call vote ~ad Mms. Kruse took it as follows: l~. Boe!tz - No Mr. Bailey - Yes i~. Ward - Yes ~. Thompson - Yes Mr. Rutter - Yes Mr. Gordon - Yes Mr. Aranow - Yes Motion carried 6-]. Chairman Aranow requested ~,~s. Kruse to re~urn ~ Pomeroy's pism to the C~ty ~ · -. ~erk. MINUTES Parcel ~3 - Lots 1~ 2, 3, 6 and 5, Seacrest Hills, Block 1 Recorded in Plat Book 25, Page 74 Palm Beach County Records Request - Variance to allow commercial parking lot in resmmen.~al zone Address - 2600 Block, S. W. 6th Street Applicant - Bethesda Memorial Hospital Mr. Gordon r~aae ~ the above application and advised m~'~ was re- quested because the hospital parking is not adequate. Ail the C-1 property is being used. The request is for the only otne~ adjacent property s3zai!abie. ?~. Robert Hill stated his name smd his address as 9!9 S. W. 27th Avenue. Chairman Aranow referred to=~n~o~ request being to change a zoning requirement pertaining to use and informed him that the Board did not have the authority to do this. Ac- Cording to the application, they are requesting a use in R-lA which is not there. He feels he will have to convince the Board that thsy have this authority. M_~. Hill replied that he did not know how he could address himself to that particu- lar question. He is here on the direction of P~. Howell and does not understand this question. He understood it was the proper form for Bethesda Hospital to make this request. Chairman Aranow clarified that he was asking to change use in R-tA. He is recuesting a varismce to be granted that will allow commercial parking in the R-~A zone. The only Board that could do that would be the Planning & Zoning Board and not the Board of Adjustment M~. Hill "~ ~m · - m~o~..~ed him that they appeared before the P!muning & Zoning Board and were directed to this Board because they were not a public forum which this body is. Aiso~ in the zoning ordinances, there are some exceptions per~Xtting commercial parking in resi- dential zones. Mr. Howell informed the Board that this application did go before the Planning & Zoning Board, but it was before they had a City Planner. He read the section of the code permit- ting parking for various uses in residential zones. He added that he did not particularly direct this man to this Board, but the Planning & Zoning Board more or less pushed him this w~y. He believes he was referred to exhaus~ this Board. There a:~e_ parking lots in R-~. ~.~." ~ a~d R-tAAA. They do permit some com~.e~c~a_, parking in these areas. Chairman Aranow replied that under the section read, there was no permission. They do not have the authority to change the use of zoning, if the Planning & Zoning Board wanted them to exhaust every possibility before going back totthem, it is all right with him. This Board does not hesse the author- ity and the law says so. To take if from one zone to the other is up to the Piarming & Zoning Board. ~!r. Ward agreed and suggested that it be referred back to the Planning Zoning Board. Ba,~T~ OF ADJUST~NT Chairman Aranow suggested hearing from the people and the ~om±owmng appeared before the Bosmd in opposition. Mr. Ca~ar Maut[i stated his name and his address as t50 S. W. 2~th Avenue. He stated that he ~o~.~~=~°°~ that this was no~' the proper Boazm. However, it could be a sounding Board of get- ting how m~ny people ar ,~:,~ob~ectmng to it Chairman Aranow replied that he didn't believe this was their purpose. Mr. Mauti continued that he thought it should be cancelled and be sent back to the Planning & Zoning Board where it belongs. ?~ Bob Rcs~=~ "= ~ = · v~=iznm stated his name and his amar=ss as S. W. l~th Street and advised that he lived adjacent to this land. The people on S W. 4th Street t=V-e ~ ~ · ~= ,pr=ce in their homes. Those five lots have been eyesores for years. ?ne hospital has made no attempt to keep it clean. It was used for a supply yard and parking lot when the construction was tatung place. He called the City to have the cars removed. There are rats and garbage in those lots. They did put up shrubs, but they eme only 2~ ft. .Ign. He def±esthem to show him when the parking lot is fully loaded. He thinks they are trying to find.out if there is going to be any friction from people in the neighborhood and there will be. Chairman Aranow replied that this was not the oroblem facing them right now. He asked if this was where the-gate was located and Roste!!ini replied: yes and he woUld like to know how come the gate was put there? I'~c. Larry Roush stated his name and his address as 26!43 S. W. 4th Street. He stated he was opposed as well as the other 15 people present on that street. This would be detrimental to their property, children and families and anything in this way would not look like democracy. Ms. Margsmet Fish stated her name and her address as 2619 S. W~ . &th, Street. They ha3~e had a water ..~roblem x_om~ the hospital =-~ .... ~ ~v,~r,s~nce they have lived there, it has never been corrected. When it rains, the ~ater comes in her gar- age. With a parking lot~ they will have much more water. A!so~ the gates give the teenagers a good place to hang around at night. She thinks a security guard should be around the ' ~ · ~ ~ ~usm~al at all times. ~m~ - ~ ~-~ Aranow clari- fied that the Board was going to vote as to whether they have ' ~ ~ · ~urmsamctmon to entertain this ap~Imcatmon or not. This is what they are concerned with. If they cannot get to the point to entertain the application, there is no reason to state objections. Ms. Fish continued that she wanted to give her opinion. She is opposed to a parking lot and will not stand for it. ~- ~. Lloyd Weeks stated his name and his address as 26~5 S. W. %th Street and informed the Board that he was opposed to it. MI}~ITES BO~D OF '~ ~ ~ ~ ~ ~S~ ~ST~T ~w~. John Graziano stated his name and his address as 2623 S. W. 4th Street. He informed the Board that he was ooeosed because he is right across the street. "~ M~s. Cus'ano + ~ s~a~ed her name end her address as 2709 S. W. 4th Street and stated she was opposed. ?~. Bailey referred to the law orohibiting the Board from acting and ~-~ · ~a~ if not available, he would havei~to abstain. Chairman Aranow referre~ to reading a case law at the last meeting referring to this. ~o Howell referred to the Offi- cia! Zoning Regulations ~ a~m M~. Bailey read Section ~0, Item 4-C on Page 38~ pertaining to the Board of Adjustment no~ being allowed to grant use. Mr. Rutter made a motion to refer this application to the proper Board or authority who is to handle this. M~. Gordon seconded the motion. Under discussion~ Mr. Thompson re- marked that he d~d not nmnk it could go to the City Council because they only ao~orove recommendations ~de by the Plan- ning & Zoning Board~- Mr. Hill asked if he ~as referring to thio request going directly ~o the City Council ~ ~ unomoson cta~_~med that in a case like ~ they would send it back to the proper Board for recommendation. Chairman Aranow then requested a roll call vote and Mrs. Kruse took it as follows: Mr. Boe!tz - Yes ~. Bailey - Yes Mr. Ward - Yes Mr. Thompson - Yes Mm. Rutter - Yes Mr. Gordon - Yes Mm. Aranow - Yes Motion carried 7-0. Chairmsn Aranow requested ~s Krose to give '~ ~ ~ ~ · v~ plan from ~ethesda Hospital back to the City Elerk. ~. Thompson referred to the $50 fee and asked if it could be transferred back to the ~ ~ ~ P~an_~=n~ & Zoning Board and Cna~m~n Aranow replied that t TM n~s was not their problem. He added that with the advertising, etc., he understood that the cost of many of these applications ran close to $300 to $400. ~ Howell referred ~ ~ ~ · o~c~ to the oaragraph read from the zon- ing book and stated he thought t~e Board had the power, but when this Board rules, it b to take into ~ ~ co_s=deratmon all b t~_e excentions on Page 40 of the zoning book. ~. ~ ~ mo~l~z replied that they could not give a special privilege. Chair- man Aranow referred to the Josephson Case held in S~a~e court stating the Board shall exercise 'ud~cia~ ~ ~ - : - power. In g~°~= ~, a use otherwise . pronnsm~ed, the Board is ~mend- rang the ordinance and taking legislative ~ower and power should be exercised by the City Council. - MINUTES BOARD OF Parcel #1 - Lots t%8, t%9 and 150~ Arden P~k Recorded in ~lat Book 2~ Page 96 Palm Beach County Records Request - Relief from 15 ft. side setback requirement Proposed Improvement - Roof over existing slab .Applicant - James M. Hopkins Address - 905 N. Railroad Avenue -~. Gordon read tn~ ~ above application and advised it was re- quested toTM~ bumlaL~g and prov_~me shame ~a~.e uniformity of the ' '"~'~ ~ ' and shelter when working on automobiles. Chairman Aranow acknowledged the presence of Councilman Norman Strnad in the audience and invited him to join the Board. Councilman Strnad declined and remained in the audi- ence. PA~. Hopkins stated his n~me and his address as 905 N. Railroad Avenue. Chairman Aranow referred to an existing roof on the south extendir.~g from the back of the building to the ~ ~ line and ask_ed when it was put over the concrete slab and Hopkins ~for~ed him about ~s to ~ years ago. Chaimman Arauow asked if he was the owner then and ~. Hop~ns replied: yes. Chairman Aranow asked if he had gotten a permit from the Build- ing Department and P~. Hopkins replied yes, it was zoned dif- ferently and it was permitted to build to the line. I~. Boeltz agreed this was correct as he had checked. P~. Bailey asked how big the slab was on the west side and . ~oi%,,~ns informed him it would be about ~0 ft. ~'~. Bailey ask. ed if it would be attached to the existing roofa~..m~ _i~.. reuiied. ~ . .. yes. Mr. Bailey asked if a site plan ~.~4 oeen submitted and ]~,~. Howell sno~zed~ ~ h_m'i ~ one. Chairman Aranow asked if this was grandfathered and P~. Howell informed him just the existing_ was ~randfo~' ' ~+~e~e~..~ ~ Chairman Aranow ~ ~' ~ ~ ~s~.ea if he had the same _.~ght to build to the bui!d~ng line ~ ~. -- ~a P~. Howell informed nmm that the code now reads that you must have ]5 ft on one side and the ~ ~ ~ · s~r~e~ side mustnave~ -~ a ~5 ft. setback. P~. Boeltz clarified that the new zoning caused a hardship by not allowing this extension. Chairman Aranow questioned why a 15 ft. setback was required since t~e ~m owned the property before the code went into effect and Mr. Howell replied that he could not issue a permit to add on to a non-conformity. Mr. Ward asked if a new~. survey was submitted a~.~.~ M,_-~. Howell r~-o~4 that a legal survey was submitted. Chairman Aranow referred to the members having r~c~v~d~ ~ ~ o~a~ ~ copies of the survey with the old ~ ' ~ .-~' ~ a~.~t!on and new autult~_on ~ot being mamked. The differences in the Surveys were discussed and MINUTES BOARD OF ADJUSTmeNT PA~ N ~.i~E ~ ~ ~ i 976 S~,PT~R 13, Chairman Aranow questioned the exact plans. ~.Hopkins in- formed him it would be 24 x 2I ft. and ~. Caravetta added that he wanted to cover the existing slab. Chairman Aranow requested that an up-to-date survey certified by an engineer be presented. ~. Howell clarified that he meant a spot sur- vey showing everything existing. Chairman Aranow suggested that they table this application until two weeks from tonight and have a survey presented~ that time. M~~. Bailey stated it was clear in his mind and he did not think another survey was necessary. He thinks this is ade- quate. Zn visiting the site, there is a carport on the south side approximately 24 ft. from the building extending south and approximately 60 ft. ex~ending west. It covers the whole south side of the building. Permission is being requested to add to the western portion of 60 ft. 21 ft. more in the same depth. Mr. ~ard agreed, but added that they do not h~ve anything to show there is an add~mon. ~. Bailey referred to it being sketched on the survey, which they have accepted previously. He referred to ~. Hopkins submitting a site plan although it was not included with the application. Chairman ~-~ st~d they were entitled to get a survey ~howmng everything. He thinks if they ~re en~m~em to it, they should have it. Mr. Rutter agreed and added that they should have2it for the records. There was some further dis- cussion whether it would, be necessary and ~. Howell informed the Board that the Building Department would also require it. if the Board wants to look at it first, that is fine. Since the non-conforming ordin~uce has been passed, the Building Department requires an up-to-date survey within six months. He explained to ~. Hopkins that an up-to-date su~ey was required ~ ~. snowmng the existing addition and a drawing of what is planned. Mr. Rutter made a motion to obtain the proper survey showing the existing conditions and proposed and table this until two weeks from tonight. Mr. Gordon seconded the motion Motion carried 7-0. Old Business t~. Thompson told about his church obtaining a variance about a year ago to build an addition and at that time, it was not clear regarding the shortage of parking spaces. ~. Howell claim._ed that the variance was granted on the setbacks, but it stated the parking was all right aa~iong as it was all right with bhe Building Department. The parking spaces are short and not in accordance with the ordinance and they need clarification from the Board regarding their ruling. There was further discussion and then Chairman Aranow requested that all the papers pertaining to this application be sub- mitted at the next meeting for the Board's consideration. MII~YjTES BOARD OF ADJUST~i~[T PAGE TEN SE~E~v~ER 13, t 976 Other Business ~. Bailey stated he would like to find out definitely that this Board cannot rule on a use vari~uce. He knows everyone has their own opinion and respects their opinions, but this is the third time it has been before the Board and he has been indecisive. He would like to find out for sure. Chair- man AranOw referred to the Josephson Case in the State of Florida ss~ing they cs~not make a change in an ordinance because by doing so they are ~mending the ordinance, which they are no~ allowed to do. Mr. Bailey referred to the Assis- tant City Attorney's note advising that the Board could rule on it. There was further discussion and Mr. Bailey stated he would still like to know for sure. Chairman Aranow then referred to ~. Nutter's application which the Board turned down. He advised that M~. Nutter ao~earem before the P!~uning & Zoning Board and they de- cided they were going to make a reco~muendation to the City Council to permit manufacturing of light furniture under C-4 instead of M-t. As far as he understands when the Board of Adjustment makes a decision, there is no appeal to the City Council nor Planning & Zoning Board. If they want an appeal, they must go to the courts to review this Board's decision. He referred to the Planning & Zoning Board having the right to change the zoning, but in this instance it was done for one person. They actually have overruled the Board of Ad- justment decision. According to the case cited, the Board of'Adjustment cannot change a use because they would be chang- lng the ordinance which is not their province. They have the authority to change setbacks providing the other things are met, but they cannot amend an ordinance. The law says they can only appeal their decision by going to the court. With the Planning & Zoning Board changing the ordinance, he thinks they are affecting this Board's decision. He believes the City Attorney should attend a meeting to answer this use question. Mr. Howell explained how he~thought the City Attorney would go with a court case. The State supersedes local ordinances. Zn cases where court cases have stated certain facts, he thinks the City Attorney will abide by them. ~. Rutter agreed that if this Board denies something and ~ne ?lanning. ~ ~ ~ &~ Zoning~ ~ Board changes the zoning, it ~s over- ~~hms Boa~a. ~. T~ompson referred to ~. I~utter applying to the Planning & Zoning Board the night after the Board of Adjustment meeting. He f~t af~e. this Board, his only recourse was to the courts. To get on the agenda the following night seemed like he was playing one Board against the other. He does not know if th:e M±NUTES BOARD OF ADJUST~'~NT P~GE Ez~V~I ~ ~ ~ ~976 S~PT~.~,~R ~ 3, City Council considered it. Chairman Aranow replied that he did not think the City Co~£nci! approved it yet and believes it will be on the agenda for the next meeting. He added that he thought the P!am. ning & Zoning Board had the right to change zoning laws under certain circumstances. He referred to the zoning ordinance being adopted in June ~975 with public hear- ings, etc. However, now the Planning & Zoning Board is chang- ing the zoning governing the City of Boynton Beach within 24 hours after an application is denied by this Board. The Plan- ning & Zoning Board is doing something even the City Council can't do and as far as he is concerned only the courts can do. He thinks there must be some way of making a chs~_ge. ~. Howell referred to there being certain circumstances in the zoning book where this Board could rule. He e~piained how he thought the courts would ask an applicant to exhaust the City Boards before hearing the case. According to the book, there are reasons for when this Board can grant use variances and possibly they need guidance with this court law of what comes before this Board and change the zoning book. Chairman Aranow stated he didn't think the City Attorney was any greater an authority than the members of this Board to decide how they should make a decision. They make a decision according to the statute and their way of thinking. The City Attorney is not a judge and cannot review their decision. Their decisions are reviewed by the State court and they must tell the Board when they are wrong. He does not like the idea that the Planning & Zoning Board or City Council has the right to overrule them. it seems wrong, as the State court is the only one ~ ~ ~ ~h:_c~ may review a decision. The Planning & Zoning Board has made a decision nullifying that. ~'~. Gordon sug- gested meeting with the Planning & Zoning Board. Chairman Aranow continued that they must regard the merits of each case before arriving at a decision. They are governed by the ~ ~ statu~es and how the statutes are interpretted by the courts. Until the Josephson decision is overruled, they are bound by that decismon. Theftle was ~urtnere ~ discussion and then Chairman Aranow suggested they give it further thought and possibly come to a conclusion at the next meeting in two weeks. He questioned asking the City .Attorney to attend to have his opinion on the quastion of the change of use and to also investigate the ~osephson case. He thinks they are en- titled to guidance from him. ~. Ward agreed it would be helpful. Mr. Bailey moved to request the City A~to~ney to be present, seconded by ~ir. Boe!tz. Chairmsaa Aranow clarified that the ~/~?/?~ request would be to the City Manager and ?~s. Padgett to see that the proper letter is forwarded to the attorney. Motion carried 7-0. MINUTES BO~%RD OF ADJUSTP~NT PAGE 7~:~ELVE $E ~'r'i~ 13, .... ~ ~ 1 976 Adjournment PP. Bailey made a motion to adjourn, seconded by M~. Boe!tz. MOtion ~ i ' carr~em 7-0 and the meeting was oroperly adjourned at 8:50 P.M. ~ Res pec tfutiy submitted, Suzanne Kruse Recording Secretary (Two Tapes)