Minutes 06-02-75MINUTES OF THE SPECIAL ~ETING OF THE BOARD OF ~JUSTF~NT HELD
AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, J~ 2, 1975 AT
5:30 P. M.
PP~SENT
Foy Ward, Chairma~u
Alvin C. Boeltz, Vice Chairman
David W. Healy, Secretary
Robert Gordon
Vernon Thompson, Jr.
D~rle B. Bailey, Alternate
John F. White, Alternate
Joseph Aranow, Alternate
Jack Barrett,
Building Official
Ernest Simon,
City Attorney
ChairmamWard called the meeting to order at 5:40 P. M. and
annoumced it was a special meeting for the purpose of review-
ing and discussing the new zoning ordinance as it pertains to
the Board of Adjustment.. He took rolI call and introduced
the Building Official, City Attorney, and Recording Secretary.
Chair~ardm requested they refer just to matters pertaining
to the Board of Adjustment. Mr. Barrett suggested starting
on Page 38.
Mr. Aranow questioned if there were auy rules or regulations
set up or made so an alternate would know when or when not he
was going to be called? Mx. Barrett replied that to date,
there was nothing. The Bmildimg Department does not kaow
until the last minute and even after they leave at 5:00, a
member comld cha~ge his mind about attending. There is no
way they could set this up. M~. Ara~ow referred to him being
the last man appointed and how it might he possible for him
to sit for a year and never be called to sit on the Board.
Mr. Barrett suggested that as a Board, they could set up re~m-
lations to goverm using an alternate with rotation. Chairmam
Ward advised him that previously the m~ with seniority had
~eem called first.. If at a following meeting, they agaim
needed a~ alternate, he coul~ leave the next mau come up.
Mr. Barrett stated he coul~ see Mr. Aranow's point that if
the man with seniority wanted to sit, the other would not
get a chamce and this could happen. Chairman Ward stated
that he sat as au alternate for a good while. If he came
in a little late and an alternate took his place, he let him
remain sitting on the Board. Mr. Boeltz stated they had dis-
cussed this previously~~r. Gordon agreed and that they
said they would take turns. Mr. Aranow ~tated he did not
know there was amy standard. At this moment, he would not
have any objections to complying with the rules and regula-
tions at amy time. As low man on the totem pole though, he
would not like to sit around for a year and not get a chanse
tO serve.
MINUTES
BOARD OF ADJUST~NT
PAGE TWO
JUNE 2, 1975
Mr. Healy referred to Paragraph 1 ~n Page 38 and the City
Council organizational meeting in January, 1976, and he
questioned if this would not go into effect until then?
Mr. Barrett replied that he was right and they woul~ stay
as a five member Board until then. Chairman ~ard asked
about the regulations and Mr. Barrett informed him they
would go into effect upom approval. ~. Gordon referred
to th~ requirement of 7 members on the Board amd 4 votes
being~necessary and he questioned why they ~required 4 votes
mow with only 5 members? Mr. Barrett informed him that was
how the present regulations read. The 4 is according to
State law. The old one is not patterned after Etate law.
Chairman Ward referred to the ~tate law stating it takes a
concurring vote of 4. Mr. Thompson pointed out that this
wouldn't be in effect until January, 1976 amd Mr. Barrett
agreedland ~mntil then, they must operate om 4 having to
concur. Mr. ~imo~ asked how many members they had ~ow an~
Chairman Ward informed him there were 5 members and 3 alter-
nates. Mr. Simon clarified they had a total of 8 now
would have 9 when t~is takes effect. He added this would
take effect when the ordinance took effect. Mr. Barrett
suggested they should clarify this with the City Council
they may decide to appoint a 7 member Board
atones. Mr. Simo~ replied it was his understanding they
wanted a 7 member Board as soon as this takes effect. Their
intent was to have a 7 member BOard upon the effective date
of this ordinance, Everyone appointed would serve umtil
place
that the City Council
2 alternates to fill
Simon
pertaining to this and
re-written ~n
out that the reason for this was
an~. this whole paragraph
was Board. the
membership to 7 members.
Mr of the increase from 5 to 7,
· this at the City Council
care of correcting
it was revised,
~tes
member Board for the
for
Mr. prese~tat Council.
Mr. questioned if they wou~d be violating any rules
of ~Y switching the majority withhaving a half
year to operate under the present City ordinance? Mr. Simon
pointed out that the present ordinance re2uired 4 out of 5,
· hich is more stringent than the State law. In the revision,
it would conform with the State law. Chairma~Ward adde~
MINUTES
BOARD OF ADJUSTMENT
PAGE THREE
JUNE 2, 1975
that it still would be 4 out of 7. ~M. Simon stated they
must remember that when talking about the majority, they are
talking about the majority of 7. Even with 5, they must have
a 4 vote. Mr. Thompson remarked that he didn't think it was
spelled out. Mr. Simon stated it was spelled out that no
vote shall be taken unless 5 members are present and it re-
quires a 4 vote. Mr. White Stated, this was in Section 5.
Chairman Ward referred to Chapters 163 and 112 and questioned
if they were in effect now and Mr. Barrett replied: yes,
Chairman Ward noted the new zoning bec~m__~_~ffective ten days
after final reading, thus would be effective after J~e t3.
~. Aranow referred to Section 163.170 and read the defini-
tion for special exceptions. He pointed out they had special
exceptions covered for the Planning & Zoning Board and also
special exceptions stated in the Board of Adjustment, but he
questioned if there were any special exceptions provided in
the ordinance permitting the Board of Adjustment to create
special exceptions under certain circumstances? Mr. Barrett
replied that he believed the special exception was the vari-
ance. Mr. Aranow stated he didn't think there were mmy spec-
ial exceptions the Board of Adjustment could make.
Chairman Ward read State Chapter 163.225 and stated this would
take precedence over the City. Mr. Barrett disagreed and stated
it did not relate to'~:this. He gave examples of special excep-
tions granted by the Planming & Zoning Board and taken care of
b~ ordinance by recommendation'by the Planning & Zoning Board
to the City Council. Special ~xCeptiens granted by the Board
of Adjustment will be in addition to the ordinance. This
Board can spell it out and make requirements in granting a
variance. Mr. Simon added that many times special exceptions
are in the uses and that is where the Board of Adjustment gets
involved. Special exceptions will be very limited, mMr.
Barrett referred to uses and gave an example of a nursery
school applying in a R-1AA zone and it could not be allowed.
He added that the permitted and prohibited uses were listed
in the new ordinance. The language has been c~ared up and
youcan read 'what is allowed under the various zones.
Mr. White referred to a permit being denied and questioned if
the applicant could appeal before this Board? Mr. Barrett
replied if an application came in for a ~e not allowed in
any zoning classification, he would deny the permit. He does
not believe they would appeal when it is clearly stated it is
not allowed.
Mr. Aranow gave an example ef having a concession of washing
machines in a condominium and asked i£this commercial use
should be all~wed? Mr. Barrett informed him that this was
allowed, bu~ they needed an occupational licemse. Various
ways of operating such a business were discussed and ~.
Barrett advised him that he had one ma~~-~ taking care Of this.
MINUTES
BOARD OF ADJUSTmeNT
PAGE FOUR
JUNE 2, 1975
Chairman Ward referred to non-conforming lots and Mr. Barrett
stated he didn't think it was spelled out. He gave examples
of platted lots af record. He cannot give a permit on a non-
conforming lot and that is when they must appear before the
Board~_~f AdjUstment. He added that in the future when they
have applicatioms for nom-conforming lots, he will provide a
little shot of the area showing the lot sizes which are there.
The members will receive this a few days before the meeting
and he suggests they look at the property. Mr. Healy agreed
that this s~ould be straightened out; as right no~, they' don't
even hear non-conforming cases under the present regulations.
Mr. Barrett added that there has been a musher of opinions
from various people in the City of what should be heard a~d
what should not be heard by the Board of Adjustment. Chair-
man Ward added that with men-conforming lots, they will also
get mixed up with non-conforming structures and Mr. Barrett
added that they also have non-conforming uses.
Mr. Simon noted they didn't have a definition for a special
exception of a variance. Mr. Barrett informed him that they
didn,t spell it out, as variance and special exceptions are
both self-explanatory and neither are ~cluded. Mr. Nealy
showed Mr. Simon a definition for special exceptions listed
on the summary outline. Mr. Barrett stated that the Board
felt both were s~lf-explanatory.
Mr. Boeltz referred to a non-conforming piece of property and
stated the owner comld chamge,.~but the property did not. ~.
Simon stated that the sense of the hardship changed. Mr. Bar-
rett gave a~ example' of a non-¢omforming use and how it could
be continued.
~. White referred to Page 4, Section 4. Paragraph B and Mr.
Barrett informed him that it meant eXactly what it '
stated.
The Board may state a time limit, but do not have to. They
can grant a variance based upon conditions of time, etc. If
a project is not started within a certain period of time, it
would become null and void.
Mr. Ara~ow referred to the Board of Adjustment
with the Planning & Zoning Board. Mr. Barrett informed him
that they took this reference out and Mr. Aramow asked why
it was taken out, as it is in the State statute. Mr. Simon
replied that in the ~tate statutes, it refers to special ex-
ceptions, but in the proposed ordinance there are ne special
exceptions, mit might further provide for s~ecial exceptiom
use and give criteria and this would make i~ necessary for
the Boards to concur. Mr. Aranow pointed out that by elimin-
ating Section E, they have taken away this privilege to een- con£er
em, with the Planning & Zoming Board. There is no other
vision for special exceptions. They have denied the Boar~
of Adjustment all rights to make any special exceptions a~d
Minutes
of 6/9/75
MINUTES
BOARD OF ADJUSTMENT
PAGE FIVE
JU~ 2, 1975
also to co~fer with the Plan~ing & Zoning Board. Mr. Simon
replied it was not depriving the Board of Adjustment to f~¢-
tien as provided in the statute, as there are no special ex-
ceptions in this provision. This certain condition is not
going to exist. There are no special exceptions. Mr. Aranow
questioned if they could keep this out of the rules and regm-
lations? Mr. Barrett informed him that this Board is a qmasi-
judicial Board and makes its decisions. The Plamming & Zoning
Board is a recommending Board to City Council. If yom were to
sit with the Planning & Zoning Board, you would tak~ this appro-
val away from the City Council. Under the new State law, it
is required that we set up a Board of Appeals which consists
of an architect, engineer and three people from the construe-
tion industry at large who will hear appeals. It is a Board
of Appeals to decide whether the Building Official, Fire Mar-
shall, etc. is right or wrong. The Board of Adjustment is
sitting on zoning requirements alone. The Bmilding Depart-
ment will sit in regards to the construction of the building.
This Board sits as a Board of Adjustment and your decisions
are final. The Planning & Zoning Board is a recommending
Board o~ly.
Mr. Aranow referred t~ Page 40 and stated he believed this
outlined what they were supposed to do. He asked what sec-
tion provided for the Board of Appeals Mr. Barrett referred
to and Mr. Barrett informed him it was the Southern Building
Cede and~ State Law. ~. Barrett gave an example of having
required a sprim~ler system and the applicant appealing this
requirement. He also added that the State law required 5
Building Officials in Palm Beach County to hear appeals. After
explaining this, he stated again that the decisions made by
the Board of Adjustment are final as far as the Oity is con-
cerned. However, they are not qualified to judge according
to the definition of the Standard Building Code.
Mr. Aranow referred to Statute 163.230 stating they could
handle appeals,etc. ~. Barrett clarified this was only in
reference to zoning matters.
Mr. Aranow referred to his original question of omitting
Section E of 225 and asked why no other parts had 'been omitted?
We come to the conclusion that the Board of Adjustment cannot
create a special exception, but why do we have Sections 2E,
2B and 20 on Page 39? Mr. Barrett informed him that special
exceptions are a function for the Planning & Zoning Board and
City Council alone. The Board of Adjustment will be dealing
with variances which are not special exceptions, but am excep-
tion to the requirements. When they grant a variance, they
are gr~ting an exception, but special exceptions deal with
an entire subdivision. He gave an ~e~-~mple of the special
exception being heard by the Planning & Zoning Board, but it
is not created by them. They only hear the application for
MINUTES
BOARD OF ADJUSTMENT
PAGE SIX
J'~NE 2, 1975
a special exception. Mr. Aranow questioned whether this
Board should consmlt with them on this? Mr. Barrett replied
that when they hear a special exception and recommend it to
the City Council, then a zoning ordinance is created. Mr.
Aranow stated that the Board of Adjustment is still put out
of the picture. Mr. Barrett stated that the zoning regula-
tion becomes effective and he doesn't thimk this denies them
any privilege. It also doesn't demy the Planning & Zoning
Board members from attending the Board of Adjustment meetings.
Mr. Healy referred to a special use not being listed in the
book and questioned how they would deal with it? Mr. Barrett
replied that they wo'~ld recommend to the applicant that it is
not a permitted use, but in order to make it a permitted use,
he could apply for an amendment to thecordinance. It would
come before the Planning & Zoning Board for recommendation to
the City CoUncil. Mr. Healy asked if it was turned down,
what alternative would the applicant have and Mr. Barrett
replied that he could go to the court. Under the zoning
code, it is not a permitted use. Ne wouldm't de~y the per-
mit because it was mom-conforming, but becamse it was net a
permitted use. Mr. Healy replied that the use was not listed
did with going before the Pla~iag & Zoning Board a~d City
Council.
Mr. Simon suggested striking amy reference te special excep-
since there are none. Mr. Boeltz pointed out this was
on Page 39 ~der 2A, B and C. ~. Simon suggested taking out
aA, B and C completely. Mr. Aramow stated with eliminating
these amd also leaving out Section E, they would in effect be
changing the State statute in regard to the Board of Adjust-
ment. Mr. Simon replied that the State statmte provides
these basics for the Board of Adjustment. Mr. Ara~ow pointed
out that the regulations did not provide for any. He asked
if there was me possibility at amy time of a special excep-
tion being granted by the Board of Adjustment and Mr. Simon
replied that under the new code, there would ~e no special
exceptions. Mr. Barrett suggested in order to save a lot of
work, they change the words special exceptions to variances.
Mr, Simon read #3 referring to this. Mr. Barrett stated they
were Just spelling out conditions in which variances could
be Mr. ~imom read #2 and suggested taking it out
cc , which would leave this Board Only in i~s appellate
state~ This Board is sitting to grant variances om appeal.
Th~ sitting as an adjustment Board to grant variances
aft .g certaim conditions exist. Mr. Aranow ~uestioned
i~ wasn,t umder Section E, which has ~een left out and
replied that this is legislatiom. Mr. Aranow re-
to Section E stating the Board of Adjustment shall
confer with the Planning Commission amd he gave an example.
MINUTES
BOARD OF ADJUSTMENT
SAGE SEVEN
JUNE 2, t975
He continued that the application must go to the Planning &
Zoning Board, but they must call on the Board of Adjustment
to decide whether to grant the request. Mr. Simon stated
that he believed it worked the other way around in that the
application goes to the Board of Adjustment a~d they concur
with the Planning & Zoning Board. What is confusing is the
fact that they have provisioms and mechanics for granting
special exceptions when they are not allowed under the mew
code. Mr. Barrett agreed and stated they would never hear
am application for special exceptions with the mew ordinance.
Mr. Simon explained how the Delray zoning code and various
Boards operated. He then stated that the Boynton Building
Official could mot change requirements, bmr the Board of
Adjustment could if it was shown there was a hardship not
self-created. This Board is am appeals Board granting re-
lief. This is different than granting special exceptions.
The Plan~lng & Zoning Board c~not do this. They ca~not
grant anything, but just review and recommend. The City
Council cannot do anything about the decisions made by this
Board of Adjustment. He then told about Boca Raton removing
three members from their Board of Adjustment. He pointed
out that the City Council comld remove members, but could
mot change decisions.
Mr. Thompson questioned how they deemed a hardship? Mr.
Simon replied that a hardship is something not self-created.
He gave an example of a ma~ owning a 50 ft. lot and not being
able to do anything with it because the code was changed.
However, a person buying such a lot creates his own hardship.
A hardship has been defimed in many ways, but the code tells
exactly what it is. It is mot common to ~he rest of the
neighborhood, applies to a particular parcel, is u~iqme to
a Par~icular parcel amd individual. Mr. Thompson suggested
th~at this be spelled out. Mr. Barrett questioned if he was
saying that a man owning the lot before zoning was changed
had a hardship and Mr. Simon replied that he didn't say he
did have but this was one they could consider and
determine. He is mot automatically entitled to a variance.
M~ stated possibly he bought the lot with the mnder-
st comld build a single family house since the ori-
ginal could, ~ut then found out he could ~ot build and
must Mr. Simon stated if he couldn't build on it,
why d he the lot and Mr. Barrett replied that possibly
he was no' of this. He added that he did not want it
to be there was no way to use a 50 ft. lot.
Chairma~ Ward stated he didn't believe they had acted like
this.. The way Mr. S:imon stated is the way they have tried
to look at it. Zf the man bought it knowing he could not
bUild on it, it is mot a hardship. Mr. Boeltz stated that
the lots WoUld all have the same hardships.
MINUTES
BOARD OF ADJUST~NT
PAGE EIGHT
JUNE 2, 1975
Mr. Thompson asked if the original owner did not want to
build, did this mean he could not sell it either? Mr.
Barrett replied that the original owner could come in to get
a variance for a single family home~and could sell it with
the variance. Mr. Simon added that the Board could set
these conditions. He gave an example of a m~n with a lot
and the code being changed after he bought it and not want-
ing to build, he could state h~ ~anted a variance in order
to sell to a person wanting to build. A variance can be
granted tO be sold with the lot. This variance can be
granted with conditions. There is a difference and it comes
back to the Board of Adjustment. The Board must consider and
decide whether the man has a hardship. Mr. Barrett stated
this clarified eno thing and that he would advise the Board
of Realtors that in order to sell these pieces of property to
a man assuming he could build on it, they should be warned a
variance should come before the sale. Mr. Simon stated that
the way it usually works out is a man owning a lot and doesn,t
want to build, the ~myer agrees that a condition of the sale
is that a variance will be grmnted. The bmyer applies together
with the seller for the variance. The Board of Adjustment
grants the variance-with the provisions that this buyer makes
the purchase and builds within a certain period of time.
Mr. Bailey referred to Section 10, 3D, and pointed omt that
this womld clear this up. It refers te the rights commonly
enjoyed By others in the same zoning district. If there are
other homes on 50 ft. lots, this would ~e the same. Mr.
Simon agreed this was part of the answer. Mr. Bailey stated
he thought this one section cleared u~ a lot. Mr. Simon
added this was basically what the Board of Adjustment gra~t-
ing a variance was all about. ~
Mr. Thompson referred to ~eeuliar shaped lots and Chairman
Ward referred to several cases where they granted a variance
~o sell a partlcmlar lot~ Mw. Barrett stated he thought he
could clear this up with getting with the Board of Realtors
and making s~re the seller applies for the variance. If he
abides by the setbacks and cam build a house on the particu-
lar lot, ~e believes he is entitled to a variance. Mr.
Simon pointed out there was a difference with a maa owning
two 50 ft. lots and not granting two variances and the mem-
bers agreed. Mr. Barrett added that they mmst consider
whether they are abutting.
Mr. Nealy questioned what would happen if there wa~ a lot
for sale and the buyer did not want to build for five Or
six years, could a variance be granted for that long period
of time? Mr. Barrett replied that this could be stipulated.
Mr. White questioned the man imheriting property with ~o
use and Mr. Simon informed him that this must he'considered
by the :. Mr. Thompse~ ~old about property
his chur~ 5 ft. frontage and they could not
use it, but paid taxes on it. Mr. Aranow suggested they sell
it to a neighbor.
MINUTES
BOARD OF ADJUSTMENT
PAGE NINE
JUNE 2, 1975
Mr. Nealy referred to the Board not hearing cases that are
non-conforming. Mr. Barrett clarified that if a house is
sitting on a lot and does not conform, it is a non-conform-
ing use. It states no non-conforming structure can be added
to. Mr. Simon read from the ordinance. He clarified that
where a piece of property has a non-conforming use, it means
it is a commercial type of establishment i~ a residential
area which was buil~ before the code was enacted. That
commercial building cannot be enlarged. Mr. Bailey referred
to the side setbacks Being changed in the new code and ques-
tioned if it made the existing homes non-conforming structures?
Can this Board rule on a non-conforming structure? Mr.
Barrett stated they must clarify between non-conforming use
and structure. Non-conforming strmcture would be three story
ina two story area. Non-conforming use is using land to
greater density than allowed. Mr. Simon stated Lu non-con-
forming use, it does not conform to the use for that parti-
cular classification. By granting a variance, they cannot
allow the expansion or enlargement of a Building whose use
is already prohibited in that zone. They must take the case
on the merits presented. Chairman Nard stated that the code
states they cannot add to structures nor use. Mr. Simon read
thecode to this. Chairman Ward pointed out that
the new code did to non-conforming strUctures.
Barrett informed him that this was be-
cause non-conforming structures fall only the fire
district and are governed by another requirement. If they
have a use which is allowed, but does not meet side setbacks,
this would be heard by this Board.
Mr. White referred to hardship not being created by the pre-
sent owner and Mr. Barrett informed him that this did not
make any difference. Mr. White referred to a previous case
which the Board did not hear because the house was non-con-
forming and the applicant was not even aware of this. Mr.
Thompson added that when the applicants check with City Hall,
it does not show just where the house sits on the lot. He
asked how many people .had surveys made when making a purchase?
Mr. Simon stated that when an application comes before the
Board, they must decide whether it meets the criteria. Chair-
man Ward stated there was a possibility in voting, the man
coul~ be granted a variance and they would be acting against
the law. Mr. Barrett replied that the members voting for it
would be criticized. However, they must take action. Chair-
referred to a variance and then having a
ld not refer to previous cases. ~m.
Barr stated that each case should Be considered
indiv~ Mr. Bailey pointed out this was clarified on
Page under Mr. Barrett agreed with it stating each
case by .
MINUTES
BOARD OF ~u~JUSTMENT
PAGE TEN
JUNE 2, 1975
Mr. Simon referred to special exceptions and questioned
whether they should leave it in? Mr. Barrett replied that
he would like to leave it in, rather than change it, But
none will come before the Board. He added in order to clar-
ify any Board,s right, this Board has every right to sit in
on the Planning & Zoning Board meetings and the~Planning &
Zoning Board members may sit in on the Board of Adjustment
meetings. This makes a workable situation. With taking it
out, it doesn't deny it. Ne Just did notwant to make it a
requirement that they had to sit at everY Planning & Zoning
Board meeting.
Chairman Ward referred to Page 41 and read~D and questioned
if the Board could act on fences, driveways, etc.? Mr.
Barrett stated this was right, It was said that this Board
could not act, But they must act as it is part of the zoning
regulations. ChairmaaWard remarked that they will have
enough to act on without these, but wanted it clarified. Mr.
Barrett replied they would probably have a few. They are
obliged te act on any regulation in the zoning ordinance.
Chairman Ward referred to the Board proceeding now on the
Basis that the application having Mr. Barrett's initials,
he has seen it, But they don,t have the official word that
it has Been denied. Mr. Barrett informed him that the only
reason the applicant applies is Because he has Been denied
a permit. If a man comes in and doesn't consult with him
and goes to the City Clerk, she will send'him to the Build-
lng Department. They must assume that everything Before this
Board is denied by the Building Department. Mr. Healy clari-
fied that this question arose when they h~ard a case previously
and the applicant referred to the City Clerk, But stated he
had not gone to the Building Department. Mr. Barrett replied
thai; they must go to the BUilding Department. An applicant
cannot get here without first being denied By the Building
Department. The fact that he has initialled it meaus he has
denied the permit. Mr. Nealy asked if a stamp could be put
on it stating "Permit Denied,~. Mr. Barrett replied this
would be superfluous. He sees every application for the
Board of Adjustment and verifies with his~ initials on it
that a Building permit has Been denied,
Mr. Healy referred to D and how applications sometimes were
not fully completed with having no survey or plot plan. Mr.
Barrett stated if it was an application for a building to go
on a non-conforming lot, there would only Be a smrvey. They
may tie some conditions to it. Chairman Ward stated that the
plan should have some kind of temporary plot plan to deter-
mine where the house is going. Mr. Barrett stated that they
make stipulations and then. the applicant has plans drawn to
fit the stipulations. All he has to do for a vacant lot is
submit a survey. When he reads the requirements based on
MINUTES
BOARD OF ADJUSTmeNT
PAGE ELEVEN
JUNE ~ 1975
the variance, he knows he must comply with the requirements.
He can't have a plan not knowing the requirements. They will
have to use a little discretion. Mr. Healy referred to the
certification of ownership and Mr. Barrett informed him that
there should be a copy of the deed.
Mr. Healy referred to the paragraph stating in the event the
appeal was turned down, he could go further, etc., and asked
if the Chairman should read this before the meeting? Mr.
Barrett replied that if the Board denies the application for
a variance, he' thinks the Chairmam should~ advise the applicant
if he so desires, he can go before circuit court. Mr. Nealy
clarified they should use it only in case of denial. Mr.
Simon added that to d~ it mere completely, if there is oppo-
sition tea request and they grant the request, the opponents
should be notified likewise. Mr. Thompson mtated that if it
was read before the meeting, the person might assume the de-
cision has been made and he believes it would.be better to do
it afterwards. Mr. Barrett agreed. He added that if every-
body was happy with the decision, there was no need to do it.
Mr. Aranow referred to Section 163.225 and questioned why this
was left out? Mr. Simon informed him that the violation ~pro-
vision in the State statmte at the present time would be
brought before municipal court, which they presently do
have. Mr. Aranow stated this would be the same as o~ Page 37,
Paragraph D. Mr. Simon stated this had to do with civil and
not criminal. He gave an e~ample of a man stating he was
going to do something if the variance was not granted.
Chairman Ward referred to the Southern Etandard Building Code
having a chapter pertaining to a Board of Adjustment and
Appeals. He thinks the previous ordinance deleted this part±-
cular section because it called for several architects, con-
tractors, etc., but nothing in here deletes it. Mr. Barrett
told him not to worry about it, as it is created by State
law.
Chairman Ward thanked everyone for coming and added that he
thought they had a very explanatory session which has been
very enlightening. Mr. Nealy agreed and added that he thought
it had been very instructive.
Mr. Healy mad~ a motion to adjourn, seconded by Mr. Gordon.
Motion carried 5-0 and the meeting was properly adjourne~ at
7:55 ~. M.