Minutes 05-22-67MINUTES OF BOARD OF ADJUSTMENT F~ETING~ MONDAY~ ~Y 22~ 1967 HELD
IN CITY HALL~ BOYNTON BEACH~ FLORIDA
PRESENT: MR. GEORGE DAVIS
J. W. RIDGEWAY: ACTING CHAIRMAN
RAY ALLEN (alt.)
GEORGE CUMMINS (Alt..)
THOMAS DEAN
ROBERT BP~%ND
The Meeting was called to order by Mr-. George Davis.
M~U~S
Mr. Ridgeway moved that the minutes be accepted.
Mr. Brand. Unanimously carried.
Seconded by
NEW BUSINESS
Variance in rear setback requirements,
Lots 5, 6, 7~ 8, less West 25' and Lot 95
Lots 96~ Lawns Subdivision as recorded
in Plat Book 9, Page 69~ Palm Beach County
re cords.
Address: 112 So. U.S.~i Highway
Owner: H. Peirce Brawner
Mr. Davis disqualified himself from the Committee and took his
place in the audience.
Mr. Ridgeway took over the meeting and read the description of the
property involved. Discussion was held at this time.
Mr. Fred Hollingsworth, Attorney representin~ Petitioner, came forth
and discussed this matter in detail before the Board. He advised of
two such eases in the Statutes as follows: Sakolsky vs. City of Coral
Gables, 151 So. 2d~ 433 and City of Gainesvil!e vs. Bishop~ 174 So. 2d~
100. These t~;o cases hold that a mistake in the issuance of a permit
that a property owner is allowed to go ahead with the building as ori-
ginally requested and the City may not prevent him from going ahead.
Mr. Hollingsworth advised that a copy of. the case in Gainesville has
already been furnished to the City Attorney of Boynton Beach.
Mr. Bill Tirsbier advised that he designed and drew the plans on this
building and he took them to the City Engineer prior to starting the
work on the project. He stated that how this error got by them is a
real question..
Mr. Robert Kime~ Attorney representing the Scotts, owners of the abut-
ting property came forth protesting the variance being granted and
advised that inadvertently they have decided to make a change in the
zoning ordinances and that perhaps this might be an opportunity to revie%'
the zoning in this area and also consider changing them at this time.
-1-
MINUTES
BOARD OF ADJUSTMENT
May 22~ 1967
He also advised that these people have changed the elevation and are
higher than the surrounding ground and some water will be dumped on
the lower ground and may be they have some way to have this water
situation corrected before anything further goes ahead on this project
and requested that this request be turned down.
Mr. Hollingsworth took the floor again and discussed in detail the
water situation that Mr. Kime brought up. Mr. George Davis came
forward and gave the ~ason for the elevation being higher and pointed
out the sketch on the slate at the front of the room the reason the
property was this elevated.
Mr. Ray Allen wanted to know when the error was discovered.
Mr. Davis advised that the building was 90 to 95% completed before the
error was discovered.
Mr. Brand moved that the Petition be approved. Seconded by Mr. Cummins.
Unanimously carried. Motion granted. -~-'~
Mr. Brand moved that the meeting be adjourned. Seconded by Mr. Cummins.
Unanimously voted. Meeting adjourned at 6:05 P.M.
-2-