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Minutes 11-10-75MINUTES OF THE BOARD OF ADJUSTmeNT 5[EETING ~LD AT CITY HALL, BOYNTON BEACH, FLORIDA, MO~AY, NOVEMBER 10, 1975 AT 7:00 P.M. P~SENT Foy Ward, Chairman Alvin C. Boeltz, Vice Chairman David W. Healy, Secretary Robert Gordon Vernon Thompson, Jr. Derle B. Bailey Joseph Aranow Walter Rutter, Alternate Carl Zimmerman, Alternate Chairman Ward called the meeting to order at 7:05 P. M. and introduced the Recording Secretary and members of the Board. He then recognized the presence of Councilman Strnad in the audience. MINUTES The minutes of October 20, 1975, were read. Mr. Thompson referred to Page 2, second paragraph, and Chairman Ward's reference to Mrs. Brinkman not being a new resident, but the owner of Bud's Take-Out Restaurant. rM. Thompson stated he felt this was a character reference and if so, he believes it should be stricken. Chairman Ward replied that his statement was not ~ade as a character reference, but he wanted to point out that she was not a new resident in Boynton Beach. How- ever, if he desired to delete this, he could do so. ~. Thompson replied that he thought it would be better if this reference was stricken. Mr. Thompson made a motion to delete the part regarding the owner of Bud's Take-Out Restaurant from the minutes. ~. Ba~y seconded the motion. Motion carried 7-0. Mr. Bailey moved to approve the minutes of October 20, 1975, as corrected, seconded by ~. Hea~[~. Motion carried 7-0. Parcel #t - Lot 15, Gordon Park Recorded in Plat Book 25, Page 122 Palm Beach County Records Request - Relief from 25 ft. rear setback require-. ment to 10 ft. rear Setback. Relief from 8 ft. side setback require- ment to 6 ft. side setback. To build pool and screen enclosure. Address - Applicant - 510 N. W. 8th Court Mr. and ~s. Robert Ferrari MINUTES BOARD OF ADJUST~NT PAGE TWO NOVEmbER 1 O, 1 975 Y£~. Healy read the above application and informed the members it was requested as the house is presently built 6 ft. from the property line per the survey. They would like to build 10 ft. to the rear to build a screen enclosed pool. Also, this is considered the legal front, but they use it as their back y~urd. Mr. Healy added that the warranty deed was at- tached, but no site development sketch was included. Mr. Frank Samsel stated his name and that he was from Ocean- side Pools and was representing Mr. Ferrari. He informed the Board that a set of blue prints and plans for the pool were submitted to City Hall. He gave two sets to the City Clerk and one set was to be forwarded to the Board of Adjustment. Chairman Ward found the plan and showed it to the members. ~. Boeltz asked when this property was purchased and Mr. Ferrari replied that he bought it about 2½ years ago. Mr. Samsel added that one house already did have a pool built like this on N. W. 8th Street. Most of the people in the area use the same back yard. Fm. Boeltz asked if he meant that he should have the same privilege as other people? M~. Aranow asked the size of the lot and ~. Healy informed him it was 60 by ~O0 ft. ~. Aranow asked how many houses were on thru lots on this particular block and Mr. Samsel replied at least 8 to 10. Mr. Aranow asked how many lots were on this block an~ F~. Samsel replied that all of the lots were thru lots. He added that their mailing address is 8th Court, but 8th Street is their front yard. Chairman Ward asked how far the screen enclosure would be from the property line and ~. Samse! informed him it would be approximately 10 ft. Chairman Ward pointed out that if it was a normal back yard, he could go to 8 ft. Chairman Ward asked if anyone was present in the audience in f~or of granting this variance and one manyresponded by rais- ing his hand. He then asked if anyone was in opposition and received no response. He added that they had not received any written correspondence regarding this application. Mr. Aranow made a motion to grant the application, seconded by ~. Boeltz. Under discussion, Mr. Bailey stated he felt that since all the houses are facing west and the e~st sides are used as back yards, he feels this man is entitled to use his back yard like the others. Motion carried 7-0. Parcel #2 - Lot 15, Block 8, Woodcr~.~.~ Manor Recorded in Plat Book 26, Page 88 Palm Beach County Records Request - Permission to enclose existing non-con- forming rear porch. Relief from rear setback requirement of 25 ft. to 11'9~, rear setback. MII~J TE S BOARD OF ADJUSTmeNT PAGE THREE NOVE!~BER 1 O, 1975 Address - 300 S. W. 12th Avenue Applicant - Henry Giovannetti M~. Healy read the above application and informed the members the reason for the request was that there is a roof and slab existing, whichwere built when the house was built 14 years ago. He has a screen enclosure now, but needs more living room. ~. Healy noted that a survey and warranty deed were attached and all the papers were in order. ~. Henry Giovannetti stated his name and his address as 300 S. W. 12th _&venue. Mr. Boeltz stated that the structure has been there and from what he could ascertain, he wanted to change the screens to glass. Mr. Giovannetti explained that he wanted to put up three walls. Mr. Boeltz asked if he was going to use this for a living room and Mr. Giovannetti re- plied that he would like to use it as a family room, as he has five children and they need room to entertain. Mr. Thompson asked if with the addition, it would leave approxi- mately 10 ft. in the rear and ~. Giovannetti replied there would be 11'9". ¥~. Heal~ questioned if there was a variance for the existing porch and Chairman Ward informed him that it was not required since it was built 14 years ago. Mr. Thompson questioned the approximate living area now and M~. Giovannetti informed him it was about 1,600 square feet. Chairm~n ~ard asked if anyone in the audience was in favor of this application and two people responded by raising their hands. He then asked if anyone present objected and received no response. He added that no written correspondence had been received in reference to this application. Mr. Aranow made a motion to grant the variance, seconded by ~. Gordon. Under discussion, Mr. Thompson asked for clari- fication if this was a hard top as it stands now and ~. Giovannetti informed him that it has a tar and gravel roof. Motion carried 7-0. Parcel #3 - South 70 ft. of Lots 35 and 36, Laurel Hills, 2nd Addition. Recorded in Plat Book 22, Page 1, ,Palm Beach County Records Relief from requirement for a corner lot of 25 ft. setback on both streets to 16 ft. 5 inch setback on the side street. Relief from 7500 sq. ft. lot are~ requirement to 6900 sq. ft. area. To construct a house. Address - 819 N. W. 5th Avenue Applicant - Lin-Bar Construction Company, Inc. MINUTES BO~ARD OF ADJUST~NT PAGE FOUR NOVEMBER 1 O, 1975 Parcel #4 - Lots 35 and 36, Less the north 10 ft. thereof and Less the south 70 ft. thereof - Laurel Hills, Second Addition. Recorded in Plat Book 22, Page 1 Palm Beach County Records Relief ~rom 7500 sq. ft. lot area requirement to 6008 sq. ft. - To construct a house. Address - 608 N. W. 7th Court Applicant - Lin-Bar Construction Company, Inc. Parcel #5 -~Lot 37 and the north 10 ft. of Lots 35 and 36, Laurel Hills, Second Addition. Recorded in Plat Book 22, Page 1 Palm Beach County Records Relief from 7½ ft. side setback requirement to 7 ft. side setback - To construct a house. Address - 612 N. W. 7th Court Applicant - Lin-Bar Construction Company, Inc. Mr. Hea~ read Ps~cel #4, since it was Petition I of 3 sub- mitted by Lin-Bar Construction Company, Inc. He informed the members that the reason it was requested was that the lots were purchased and buildings contracted prior to the zoning ~ch~ge and contingent upon the old regulations. Mr. Healy noted that all the papers were in order. ~. Owens stated his name and his address as 7961 Palm-Beach National and he informed the Board thathe was the Vice Presi- dent in Charge of Sales and Land Sales Acquisition for Lin-Bar Construction Company, Inc. Mr. Aranow asked how long they had been connected with the property located at 608 N. W. 7th Ct.? Mr. Owens replied that the original sales contract was dated May 1. However, they have done this four separate times be- cause of the death of the seller. In purchasing in Laurel Hills, they bought two corner lots to meet the City and V.A. requirements. They purchased this lot with the same intention having no indication the City was going to change any zoning. When the. zoning did come up, it was all in the air and they did not know whether this was to be zoned R-lA or R-1AA and this was just resolved a couple weeks ago. They are in the R-I.~ section, but were previously in the R-1 section. He discussed this with ~. Bushnell and M~. Schmidt. At that time, he had the title clear and had $1,500 in the land. M~. Bushnell called him and told him an exception would be granted since they purchased the lots prior to zoning and they applied for building permits. E~erything was approved, but when they went to draw the permits, they were told the zoning was changed and they would have to appear before the Board of Adjustment. He went back to ~. Bushnell and he filled out the form of rejection stating a hardship caused, by a zoning change. When MI~¥~TES BOARD OF ~DJUST?~NT PAGE F~E NOVEmbER 1 O, 1 975 he talked to ~s. Padgett, she told him the Board of Adjust- ment would have~nothing to do with this, but it was a zoning problem. However, he missed the last Zoning Board meeting. Then, he met with Mrs. Padgett, Mr. Bushnell and Mr. Schmidt and they decided to go this way before this Board. This has gone on for four months. The buyers are holding on and pur- chased per the sales contracts submitted. They have built under this same basis and it was accepted under R-1. Chairman Ward pointed out that until September, they only had a binder on the land and technically did not own it until it was closed. Mr. Owens replied that they are not on record as owners and would not have closed if Mr. Bushnell had not advised that it would be granted. ~. Owens then showed a picture oftthe homes they have built in this area and told about their previous b~yers. He added that they did not fore- see any problems at all on this. Mr. Boeltz informed him that corner lots required 25 ft. on both sides and Mr. ~ms informed him that they have built with 12 ft. on one side as one side is considered as a side setback. He continued that i£ it was a situation where they were going to build an im- proper house or a home of a smaller caliber, it would be dif- ferent. However, this is a good home and even possibly a little better than those there now. Mr. Healy referred to the application for 608 N. ~. 7th Court and informed Mro Owens that they were considering the lot area only. ~ Owens replied that when they purchased it, 6000 sq. ft. was reGuired. Chairman Ward referred to one of the closing contracts listing $11,000 for a particula~~ lot and Mr. Owens informed him that this was for two properties. Mr. Boeltz pointed out that the sales contract was not wit- nessed and Mr. Owens informed him that it wam not required. Mr. ~ranow asked when Lin-Bar Construction Company got title to this property and ~. Owens informed him that the date of closing was September 17, I975 and he submitted a copy of the title insurance policy. Mr. Aranow asked if he was aware of the zoning regulations at that time and Mr. Owens replied: yes, but he had word from Mr. Bushnell, who called someone on the Board. ~. ~.ranow asked if he had anything in writing and Mr. Owens replied: no, but he assumed Mro Bushnell would be in attendance tonight. Chairman Ward stated he had not re- ceived a call from Mr. Bushnell and the other members stated the same. Mr. Owens replied that he talked to a Board member on the telephone in his presence. He explained to him that they had these sales contracts and then these zoning changes ca~e up. Mr. Bailey asked if a plat of the area was available and ?~. Owens presented one to the members and explained it. Boeltz pointe~ out that with three lots, he should have made MINUTES BO~MD OF ADJUST~]NT PAGE SIX NOVEMBER 1 O, 1 975 two houses. ~. Owens replied that this would make the lot cost $8,000 and this is not an $8,000 lot neighborhood. The house also would have to be approximately $42,000. ~. Boeltz advised him that when there is additional property, it is not a hardship. Mr. Owens informed him that they did purchase an additional lot and were told by the Building Department that it would not go to R-lA and now it has. Mr. Aranow stated that he thought for the benefit of the Board as well as for the benefit of the Building Department, they should have Mr. Bushnell and ~. Schmidt present to ask ques- tions and clear this situation. This builder has relied upon statements made by Mr. Bushnell, which either he did or did not make. He suggests that these three applications be tabled and a request be made to have Mr. Bushnell or a representative present at the next meeting to affirm or deny what has taken place. Chairman Ward stated that the people present would hate to be notified or they should hear their statements now. Mr. Aranow replied that he believed these people should not have to come back and they should be given the opportunity to speak now, but they should have Mr. Bushnell present for fur- ther discussion. Chairman Ward asked if anyone present in the audience was in favor of granting this variance and two people raised their hands in response. He noted that ME. Barbera was one of these~ who is connected with this company. He 'then asked if anyone in the audience was in opposition to this variance. ~. Harold Werger stated his name and his address as 719 N.W. 7th Court. ChairmauWard asked how close he resided to this property and ~. Werger replied that he was within 400 ft. Mi~. Werger first commended the Board for serving Boynton Beach and doing a fine job, especially since they serve without pay. He then referred to the minutes from the Board of Adjustment meeting on March 25, 1974, and read Chairman Ward's statement outlining the reasoning for deciding hardships. He then in- formed ~the Board that he had a petition to present containing 87 names of property owners, who are against these variances. Mr. Aranow asked if all these 87 people lived within the 400 ft. and Mr. Werger replied that some were and some were not. He started by circulating this petition within the 400 ft. and 9~ of the homeowners in this area object. Chairman ~ard in- formed him that they could only consider the people within $00 ft. ~. Werger replied that he believes they are all affected since they live in t~is area. The addresses are on the peti- tion and can be checked. The people within 400 ft. are listed first. He Selieves alli~the peopl~ in Laurel Hills are affected by this and he believes they should be able to state their objections. This petition is signed by 87 property owners in Laurel Hills who oppose the granting of these variances. MINUTES BOARD OF ADJUST~NT PAGE S~.~YEN NOVE~ER 10, 1975 Mr. Werger continued and informed the Board that ~s. Julia Hayes, 813 N. W. 5th Avenue, objected because these houses will be out from the remaining houses. If three houses are built facing N. W. 7th Street, all she will see is the rear of these houses.~? Her house is on a 100 ft. lot and she ob- jects to substandard sized lots. Mr. Werger also informed them that by letting the corner lot have a variance of 16½ ft., it would create a blindspot for motorists co~ng around the corner and they would not be able to see the children running from the playground across the street. This would be quite dangerous. ~. Werger then pointed out that this property is made up of three 50 ft. lots and the area is not large enough to cut up into three lots of 7500 sq. ft. and also meet the 60 ft. frontage as set by zoning. This is not a hardship case, as M~. Owens was aware of this when he bought these lots. The new zoning laws were proposed 30 days previous to adoption. All Mr. Owens had to do was take out the building permits and build the houses. This looks like a greed proposition in- stead of hardship as M~. Owens can make more profit from three houses instead of two. Two houses are being purchased by the same owner, William and Mary Russo. We object because we bought standard sized homes on standard sized lots. Mr. Owens wants the Board to believe that people wanted to wait six or seven months to buy houses on substandard lots, when all they had to~ do was purchase one of the eight or ten houses he has already ouilt in this neighborhood. These. other houses are on standard lots and meet the requirements. We still feel he wants to build three houses instead of two to make a larger profit. Mr. ~erger continued that he would like to cite two examples of subte~n~'~ He referred to Mr. Manning, who stated the land available on either side was too high priced and he appeared before the Board requesting to build a house on a 50 ft. lot £or his daughter. Mr. Manning never built a house, but sold the lot to a builder. The second case is ~. Faulkner who bought Lot 140 in 1971 and he felt the adjoining land was too high priced. He appeared before the Board and stated he ~esired to build for a~relative, but sold to Mr. Miller and he bought an additional 50 ft.~ The Board can help by getting tough and not granting variances to anyone they suspect of subterfuge. Mr. Thompson asked the approximate size of the other lots in the area and ~. Werger informed him that the ones adjacent were at least 60 x 140 ft., far more than the 7500 ft. re- quirement. These lots are butt lots and with cutting in half, they don,t have the area like they did on the other corner lots they b~ilt on. They will be stuck with houses on small MINUTES BOARD OF ADJUST~NT PAGE EIGHT NOVEi~BER 1 O, 1975 lots. Everyone else has bought standard sized lots. He would also like to point out that on the other corner lots these builders have built on, they have turned the houses around and the people did not like it, but they could not object as they had the correct amount of area. However, it really cuts up the area. Chairman Ward asked Mr. Werger if he knew Mark L. Worrell, 504 No W. 7th Street? He added that his name was on the list, but his mail was ret~ned. Mr. Werger replied that he did not know him. Mr. Thompson referred to their previous discussion of having 12 ft. on the side of a corner lot. He stated this would not apply to this, as there are six lots in a line. This only applies when there are two lots. It could not apply here. Mr. Bailey referred to the suggestion of tabling these three applications and stated regardless of what any City Official had told these people, he doesn't think it should affect their decision at all because he does not have the power to do so. M~. Aranow replied that he thought Mr. Bushnell should be present, so they could ask him questions of what was said. He is not forming an opinion of what he did or did not say. He believes they should be able to get at the thrust of the thing. Mr. Bailey disagreed stating he felt enough informa- tion had been presented to adjust this situation. The mem- bers discussed further the necessity of making t~is request for ~. Bushnell te be present. Mr. Werger continued that it seemed to him if the building permits were issued after June 3 when the zoning was passed, they do not have any case to stand on. Regardless of whether they apply one week, one month or when later, they should be bound by the zoning laws passed on that date. He thinks this is a Board of Adjustment question and not a Building Depart- ment case. Chairman Ward replied that he didn't think it was inferred this was a Building Department case, but just a discussion of whether to give the Building Department the opportunity to verify the statements made. Mr. Thompson stated he thought they were delaying something that could be worked out. If the Building Official was present, it would, not change his vote. He feels he would like to t~ to hmm, but the information on paper is the same. Mr. Aranow pointed out that if they closed this matter, they wouldn't have the chance to discuss this with ~. Bushnell. ~. Bushnell won't have the opportunity to refute what has been said. This will not influence his vote either, but he would like to_hear from him before making a decision. MIh~JTES BOARD OF ADJUST~NT P~&GE NiNE NOVEMBER 1 O, 1975 Mr. Aranow moved to table this matter until the first avail- able date. They will keep in mind all information regarding these petitions and recall from the table the day it is ad- journed to. Mr. Gordon seconded the motion. Under discus- sion, ~hairman Ward informed them the next meeting date would b~ N~ember 24 and in any event, the parties concerned will be~dvised. Mr. Owens stated he would like ~o disc~ss' certain ate~ ~ ments made which are not true. This man that lives in · his area has just stirred up things. He has stated we are going to lout minority groups in there, etc. The people in the audience disagreed. Chairman Ward informed him that there was a motion on the floor and he had his chancre to state this previously. He then requested a roll call vote. Mrs. Kruse called the roll as follows: Mr. Aranow - Aye Mr. Gordon - Aye ~. Boeltz - Aye ~. Bailey - No Mr. Thompson - Aye Mr. Healy - Aye Chairman War~ - Aye Motion carried 6-1. M~. Healy made a motion to write a letter to the City Manager requesting Mr. Bushnell, Acting Building Official, and Mr. Schmidt, Deputy Chief Inspector, to be present at the Board, s next meeting on November 24, 1975. Under discussion, t~. Owens stated he agreed they should be present, as they ~ould not be in this mess if they did not listen to them. ~. Thompson pointed out it was okay to check this, but they were not a disciplining board. They will be challenging the Build- ing Department. ~. Aranow replied that if Mr. Bushnell says he never told this man anything, it may influence the Board. If he says he did make these statements, it will give us a chance to comment. Mr. Boeltz stated that the point is that Mr. Bushnell told this man he could get a permit. ~. Bailey stated it was questionabl~, but he did not agree. Motion carried 6-1, with Mr. Bailey ~oting against. OTHER DISCUSSION Chairman Ward referred to the minutes of March 25, 1974, and requested ~. Healy to read the discussion regarding the application from Mr. Richard J. Dekker requesting a variance to build a duplex on a 50 ft. lot. The action taken on this request was a motion to deny the variance made by Mr. Ryder and seconded by Mr. Boeltz. Chairman Ward stated the reason for reading these minutes was to inform the Board that appar- ently Mr. Bushnell and Mr. Kohl determined that Mr. Dekker was entitled to a variance from these minutes. MINUTES BOARD OF ADJUSTMENT PAGE TEN NOVEMBER 10, 1975 Chairman Ward continued that the minimum lot width required is 60 ft. There are two homes being built now by ~. Dekker, one on S. Eo 5th Avenue and one on S. E. 3rd Avenue, both on 50 ft. lots. Me and Mr. Healy asked Mr. Bushnell why this happened and he told them he did not know anything about them. He came back with the plans and informed them that ~. Aitken had signed them and would be suspended. ~. Healy added that Mr. Bushnell realized then that an error was made in giving this man permits and did put a red tag on them. Chairman Ward continuned that they went to see Mr. Dekker, whom he has known for 13 years, and he showed them an appli- cation form he intended to file to the BOard of Adjustment to build on these two lots. One form was filled out for both requests. He was told by the City Clerk he would have to file two applications and he was going to make them.' How- ever, in the meantime, someone c~lled his wife and left word that he could pick up hi~ permits at the Building Department and would not have to come before this Board. He had good intentions and good faith to come before the Board of Adjust- ment. However, he started to build ~ow. Mr. Rutter asked how they beeame aware of this? Mr. Healy informed him that he made an appraisal on the lot and had to tell the person they could not build on a 50 ft. lot without getting a variance. Afterwards, he drove by and found build- ings started o~ two lets and informed Chairman Ward. Mr. Healy then read a letter dated October 20, 1975, from Mr. Bushnell to Mr. Kohl inform~.ng him of his discussion with Mr. Healy and Mr. Ward~in reference to Mr. Dekker ~uilding on these two 10ts and the action he took regarding same. He al~o refer~ed~o a ca~l he_received from Mr. Dekker making rezerence ~0 the minu~es of March 25, 1974. Mr. Healy then read a memo dated October 20, 1975 to Council- man Strnad from Mr. Kohl. This memo explained how the two permits were issued to Mr. Dekker. He also referred to an amendment to the zoning code passed by the City Council. Councilman Strnad remarked that he certainly was not aware of this. ~. Healy then read excerpts of a conversation prior to the opening of the City Council meeting on October 22, 1975, between Mr. Kohl, Councilman Strnad, Vice Mayor DeLong, Councilman Harmening and. Mr. Bushnell. ~. Healy stated it appeared to him that the Board of Adjust- ment was being challenged. Mr. Rutter stated that there was no challenge; the case was heard and the variance denied. The problem is what the Building Department did. Mr. Boeltz pointed out that over a year had lapsed and now two lots were involved. MINUTES BOARD OF ADJUST~NT RAGE ELEVEN NOVE~ER 10, 1975 Chairman Ward informed the members that the following appli- cations to the Board of Adjustment were acted on administra- tively by the City Manager and several were tabled: D. S. Duggins Courtney C. Eversley Robert C. Scott Snow Realty & Construction Young & WaldieConstruction He added that these were taken from the Board of Adjustment and given permits without the City Council taking action. At this point, Mr. Aranow referred to the problems Village Royale on the Green has had and he told about the several discrepancies involved and the action they have had to take. The members discussed this. ~. Healy asked if they were in accord that they feel the minutes of March 25, 1974, are being used to give a man a permit in violation and that the minutes of that meeting were abused and the integrity of the Board of ~djustment was abused and the minutes were not used in proper order to give this man the right to build. Mr. Aranow agreed and suggested they go to the City Council to straighten this out. ~. Thompson agreed they should discuss it with the proper source, but must not make a display. Also, the other cases should be pointed out to the City Council~ ¥~. Healy stated he believed in using the minutes of March 25, t974, to issue a permit on new zoning was unjust. He thinks the minutes have ~een misused ~h~ the integrity of the Board of Adjustment has been challanged. Mr. ~ranow stated the question is who is to blame and referred to the note on the plans being lost~ etc. Mr. Healy referred to the Building Department taking action on this based on the minutes of the Board of Adjustment over a year ago. Mr. ~ranow referred to the City Council actually taking no vote, but the red tag was removed by the orders of M~. Kohl or ~. Bushnell. If ~. Kohl or Mr. Bushnell caused the red tag to be removed, they had no business to do so because the minutes did not state they had a right to do it. The members dis- cussed this further and then Mr. Healy re-read the excerpts of the conversation before the City Council meeting. Chairman Ward agreed that the integrity of the Board has been questioned. ~ Bailey · ' ~ ~ .... . oomn~ed out tha~ they nave a ~mty~t~~ ~ ~'to run the City.~ ~. Rutter questioned how they ~Y~ could function as a Board with things like this happening? //~/?~ Chairman Ward suggested writing a letter to the City Council ~ requesting they have the City Attorney render an opinion of this. Mr. Bailey agreed that the City Attorney would probably give a proper interpretation. Mr. Thompson agreed that they should go to the City Council. MINUTES BQARD OF ADJUSTmeNT PAGE T~¥EL~E NOVE~ER 1 O, 1975 Mr. Healy asked if they were all in agreement that the minutes of March 25, 1974, were un~stly used to give this man a per- mit? Mr. Rutter replied that they couldn't make a decision regardless. ~. Aranow stated they must investigate the ac- tion of who caused the red tag to be removed. M~. Healy asked if it was right to bring these minutes of March 25 as information to all of the City Council and use this informa- tion to take off the red tag? ~r. Aranow stated he thought they should ask the City Council to investigate any abuses. Mr. Healy then read a proposed letter to the City Council advising them of the situation regarding ~. Dekker and also the other five applications removed from the Board. After discussion, it was agreed to send the following letter to the members of the City Gouncil: ~'The application fromRichard Dekker for a duplex apart- ment on one lot was denied on March 25, 1974. Thereafter, somebody issued a permit to build one single family home on each of two lots on tw~ streets. Our minutes were used in connection with this. We request the City Council to investigate all abuses in connection with the misuse of the minutes, the erroneous or improper issuance of building permits and the persons should be called to task who have issued the permits. This request for investigation applies equally as well in the matter of: Do S. Duggins Courtney Co Eversley Robert C. Scott Snow Realty & Construction Young & Waldie Construction Your prompt attention will be appreciated.'" Mr. Bailey made a motion to submit the above letter to the City Council to be signed by Chairman ~ard and Mr. Healy for the purpose of expedience. M~. Aranow seconded the motion. Motion carried 7-0. ADJOURN~W~NT Chairman Ward announced the next meeting would be on Novem- ber 24. Mr. Bailey made a motion ~to adjourn, seconded by ~. Aranow. Motion carried 7-0 and the meeting was properly adjourned at 9:35 P. M.