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Minutes 10-21-74MI~TES OF THE BOARD OF ADJUSTM%]NT M~ETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MO~D~IY, OCTOBER 21, 1974 AT 7:00 P.M. PRESENT Foy Ward, Chairman J. iLester Cousins, Vice Chairman Walter B. Rutter, Secretary ~A1 Boeltz Simon Ryder~ Alternate David W. Healy, Alternate ~Tof. Sidney Schwartz, Alternate Derle Bailey, Alternate Jack ~itken, Asst. Bldg. Official ABSENT Frank G. Lucas ~ excused Chairman Ward called the meeting to order at 7:00 P.M. and introduced the Recording Secretary ummdmng Official, and Members of the Board. The Minutes of August 26, 1974 were read. Chairman Wa~d referred to Page .3, Paragraph 3, where it referred to the Peter De Gironimo application being denied and that it should be corrected to read that it was denied with a vote of 3-1, since Chairman Ward was neutral. Mr. Cousins moved to accept the minutes as corrected, seconded by M~~. Rutter. Motion '~ ca~r~ 5-0. OLD BUS t~SS Mr. Ryder referred to a request made to him by the Chairman at the last meeting for him to ask the City Manager to have every member of the Bos~d supplied with the necessary infor- mation prior to meeting time. He advised that he personally contacted ~. Kohl in reference to this and apparently this has been done as he received all the information and he as- certained that the other members did also. ~.~. Rutter read memos from Betty Rothman and ~,~. Simon in reference to meeting procedure and the Peter De Gironimo p~±tion. ~. Simon stated that a Board meeting should be convened according to a five member Board. if they come to an item where a member must disqualify himself~ the member .should do so before any discussion. He also stated if the Peter De Gironimo petition is to be reconsidered, it should be considered from scratch with ~ ~ ' · re-a~ve_tlslng, etc. Chairman Ward noted the presence of CouRcilman Strnad and welcomed him to the meeting. MINUTES BOARD OF ADJUSTmeNT PAGE ~¥0 OCTOBER 21, 1974 Parcel #1 - Relief from 25' rear setback requirement to 8' rear setback for construction of garage and upstairs addition. Lot 14, Block t6, Forest Hills Recorded in Plat Book 25, Page 57 Palm Beach. County Records Address: 903 S. W. 28th .Avenue Applicant: Dr. David B. Graves M~. Rutter read the above application and. stated the reason requested was there is insufficient area to extend the house within the setbacks. Dr. David B. Graves stated his name and his address as 903 28thAvenue. He informed the Board he would like to withdraw his application at this time, since his neighbors have voiced objections to this. He would like to go back to his architect and make plans for something that would meet with the neigh- bors, approval. ~. Cousins moved to cancel this petition since Dr. Graves requested that it be withdrawn. Mr. Ryder seconded the motion. Motion carried 5-0. 0~.~ R BUSINESS Prof. Schwartz said that since he was late in arriving, he would like to know what corrections had been made to the prev- ious minutes. Chairman Ward advised him of the correction he had made. Prof. Schwartz asked as a point of information if it was required to have a 4-1 vote on these things? In re- sponse, Chairman Ward read the memo from the City Attorney again. Prof. Schwartz referred to the Peter De Gironimo petition and asked if the Board had arrived at a decision whether to open this application again? Has i~. De Gironimo been notified that he can re-apply? Chairman Ward replied that he has been notified. Councilman Strnad referred to a point of .proced~e stating he thought they should correct the passing of the motion for the minutes, since Mr. Cousins was not present at that meet- ing and it is irregular for him to make the motion. ~. Cousins .withdrew his motion and ~. Rutter withdrew his second. ~. Ryder then made a motion to suspend this vote until the original members were present that made the vote on this petition. Prof. Schwartz said with respect to the City Attorney's recommendation, wouldn't it be academic to bring everyone back here, since it was not a proper vote? Chairman W~d informed him that the man has been notified, but he didn,t believe he wanted to go through it again. He continued that would have to ha~e the same five menfoers and Mr. Ryder added that this meant whoever was present in MINUTES BO~ARD OF ADJUSTmeNT PAGE THREE OCTOBER 21, 1974 the original voting. Councilman Strnad stated, he believed that the instructions the City Attorney presented to the Board as far as making a vote on a particular case would not necessarily be the same as voting on accepting or not accepting the minutes. He believed this was in a different area. He believed that someone that attended the meeting could make the motion that was present now. Chairman Ward agreed with him. Mr. Ryder made a motion to accept the minutes as corrected, seconded by ~. Boeltz. Motion car- ried 5-0. Mr. Healy referred to the Peter De Gironimo application stat- lng he didn't think it was this man's responsibility to re- apply since the Board made the error. Chairman Ward advised him that the City Clerk informed him that Mr. De Gironimo was offered the opportunity to re-advertise without any cost, but he believed he did not want to go through with it. Mr. Healy remarked that he believed the Board should take this action. Mr. Rutter made a motion to adjourn, seconded by Mr. Cousins. Motion carried and the meeting was properly adjourned at 7:25 P. M.