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Minutes 01-10-78MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOERD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, JANUARY 10, 1978 AT 7:30 P. M. PRESENT Ronald Arena Marilyn G. Huckle John P. Jameson Richard Lambert Walter M. Trauger Garry Winter Carmen Annunziato, City Planner ABSENT Simon Ryder (Excused) Mr. Annunziato called the £irst meeting of the new year for the Planning & Zoning Board to order at 7:30 P. M. He intro- duced himself and welcomed the old members back and Mr. Jameson to the Board. He announced that Me. Ryder was not present due toga death in his family. He suggested altering the agenda and moving to Item 6-A. Col. Trauger suggested reading the letter of appointments from the City Council establishing the Board into the record and Mx. Annmuziato requested him to do this. Col. Trauger read the letter dated January 6 from Mayor Emily Jackson advising that the City Council. at their meeting on January 3 appointed to the Planning & Zoning Board for this year: Ronald Arena, Marilyn G. Huckle, John P. Jameson, Richard Lambert, Simon Ryder, Walter M. Trauger, and Garry Winter. Election of New Officers Col. Trauger announced that a Chairman and Vice Chairman were needed, rM. Winter made a motion to keep the Chair exactly as it was laat year with Simon Ryder as Chairman and Col. Walter M. Trauger as Vice Chairman, seconded by Me. Lambert. No discussion. Motion carried unanimously. Acknowledgement of Members and Visitors l.Onel. Trauger announced that this is the first meeting of is n~wly appointed Planning & Zoning Board and introduced the members of the Board and City Planner. A~pproval.of Minutes Col. Trauger asked if there were any comments, changes or recommendations to the minutesoof the Regular Meeting of December 13, 1977. Mr. Lambert referred to the last para- graph on the first page and questioned whether we had held public hearings on the antenna ordinance and 'M~. Ann~nziato replied that he thought the confusion was in the word "re- cently,, and he explained that public hearings were not held MINUTES PLANNING & ZONING BOARB]S~ PAGE TWO JA~AR¥ t0, 1978 since the ordinance was altered sometime last summer and he thinks recently related to this recent controversy in the last month or two. ~. Lambert clarified that actually the Council wanted us to hold a public hearing when it was sent back to us and Mr. ~nnunziato replied affirmatively and advised that it is scheduled for public hearing on January 24. Mss. Huckle asked if it was possible to pass on these minutes since only three people are present which were at that meet- ing and Col. Trauger replied that the most we could have pre- sent to vote on this would be four members and he rules that three members constitute a quorum. ~. Lambert made a motion that the Minutes of the Regular Meeting of December 13 of the Planning & Zoning Board be adopted as printed, seconded by ~. ~rena. Because of the limited membership, Col. Trauger took a po~l of those pre- sent at the December 13 meeting as follows: M~. ~re~a - Tes Mr. Lambert - Yes ~. Ninter - Yes Motion carried 3-0. OLD BUSI~ESS Mrs. Huckle referred to it not exactly being Old Business, but stated she hoped during this year we could do a better job on the outlining of our Zoning Code. Mr. Ann~nziato questioned if she meant to edit it differently and ~s. Huckle replied to revise it properly. Mr. ~nnunziato sug- gested that the proper time would be when it goes printing. He told about having it reprinted abou ago and advised that when changing the Code Book, is very expensive. Mrs. Huckle replied that sinc official document of the City, it should be in mu shape than it is. .Mr. Lambert asked if she was referring to punctua outline and Mrs. Huckle replied that it was more and references to things. She referred to Pages ~ 23. She added that they should hear in mind that official document of the City and in order to use anyone ha~ing command of outlining would find it because it is not properly done. She explained h lining did not conform on Page 20. She added tha sections should start with Roman numerals instead numbers. to re- a month the cost it is an ~h better tion and outlining ~0, 22 and this isan it properly, iiffiCult ow the out- ~ all the of large Col. Trauger stated that changing the structure may possibly change part of the ordinance and to do an editing job proper- ly~ it should be done by one or two persons.~ M~s. Huckle MINUTES PLAN~TING & ZONING BOARD PAGE THREE JANUARY 1 O, 1978 replied that it was right when rewritten, but it has been abridged since then. Col. Trauger suggested tabling this item for a workshop meeting at a date when ~. E~nunziato comes to see reprinting will be coming. Mrs. Euckle stated if they would like, she will go through the whole thing and note the items and everyone can check it and when the time comes, she could go over it with ~. Annunziato. ~. Annunziato advised that it was not a matter of just re- writing this book, but rewriting the City Code and ~s. Huckle replied that the way it is put into this book should be in the correct outline. Mr. Annunziato informed her that it had been copied £rom ordinances prepared by the City Attorney. It may require~ an official ordinance change. Col. Trauger suggested appointing M~s. Huckle as a committee of one to research this and ~s. Huckle replied that she would be glad to. She added that this isaan official docu- ment and she has never seen outlining look like this. Col. Trauger requested Mrs. Huckle to review this ordinance for format style as she sees fit and report back to the Board at the appropriate time and Mrs. Huckle agreed. M~. Annunziato added that he would supply a work copy. A~EW BUS I~ESS Site plan Approval Applicant: ~. Heinis, Farmer in the Dell Motel Legal Description: Acreage Location. 2~21S. Federal Highway Project Description: Addition M~. Annunziato informed the Board that this is an addition to the Farmer in the Dell Motel on South Federal Highway. It is already 60 to 7~ completed. Construction was stopped when it was discovered that no permit was obtained. The plan was developed after comstruction commenced. The staff members have reviewed it and there are no comments. The recommenda- tion is to approve it as submitted. Col. Trauger questioned the use and Mr. Annunziato replied that as best as could be determined, it is for storage. Col. Trauger ascertained that no representative of the appli- cant was present. He asked if anyone in the audience wished to speak in favor or against this site plan and received no re $ pons e o Col. Trauger questioned the location of this addition on the lot and Mm. Annunziato informed him it was to the rear and showed photographs. The members reviewed the plan and photo- graphs. Mrs. Huckle referred to the application not being MINUTES PLANNING & ZONING BOARD P~GE FOUR JANU_~RY 1 O, 1978 completed and ~. Annunziato replied that it was a poorly drawn application, but based on the situation perhaps it was sufficient enough. Mr. Lambert asked if the setbackS, square footage, etc. conformed and M~. Annunziato replied there was no problem with the plan technically. Mr. Winter asked why it was before this Board and Mro Annunziato replied that site plan approval is required before issua~ce~ of any permit ex- cept single family and duplex. ~. Arena referred to the ap- plication and Mr. Annnnziato replied that the applications are screened generally, but this obviously is a different situation with the building being completed 60 to 70%. This is ~n unusual circumstance and will not happen ~ery often. Col. Trauger clarified that these plans were drawn after the building was started and Mr. Annun~ziato replied that he be- lieved so. N~. Arena clarified that it would be used for storage and M~. Annunziato replied that it has been related that it will be. Mr. Aren~ stated according to the applica- tion, the use is a motel and Mr. A~nunziato informed him that the whole project is a motel. Col. Trauger asked if it could be a motel room and Mr. Annunziato explained how it would be checked by the Inspection Department. F~. Lambert asked if there was any plumbing an~ Mr. Annunziato replied negatively. Mr. Winter made a motion that the plan as presented for the Farmer in the Dell Motel addition be approved and recommended to the City Council, seconded by Mr. Lambert. No discussion. Motion carried 5-1 with N~. Arena dissenting. OTHER BUS I~SS N~. ~nnunziato informed the Board that a gentleman in the audience wished to addres~ the Board concerning the recently approved plat for Sky Lake Subdivision, which was not noted on the agenda. Col. Trauger ascertained there were no objec- tions tohhearing the gentleman. M~. William Eement, 1216 N. W. Sth Court, appeare~ before the Board and advised that he owns a piece of property which abuts the Sky Lake project. He went to the City Planner's Office and reviewed the plans and found out to his amazement that they had been tentatively approved. In looking over the plans, he noted that his little parcel of land had been over- looked. A dedicated road surrounds his property and in read- ing the ordinance, dedicated streets are supposed to be used. He finds N. W. 9th Street only comes to the end of the devel- opment and dies at the end of his property and does not con- tinue. What happens if he is only allowed to build on one side of his property? It is not wide enough~tocut thromgh the center and build on both sides. What happens to that piece of land where there is a dedicate~d road and he can only buil~ on one side? The road has not been developed, but it is indicated on the map as existing. MINUTES PLANNING & ZONING BOARD PAGE FIVE JANUARY 10, 1978 ~. Lambert suggested locating this property on the map and the members complied. Mr. Annunziato explained that the pro- perty is located on 9th Avenue between lOth Street and 8th Court. With the approval of the Sky Lakes Subdivision, none of the lots will front on 9th Avenue, 10th Street or 8th Court. The interpretation of the ordinance is that all lots must be served by a publicly dedicated street. He pointed out that there were platted 30 ft, rights-of-way in this area and ~. Kement's argument is that he feels this developer should have been required to develop and build the north half of 9th Avenue because it is adjacent to the subdivision. In the review of the plan, it was determined there would be in- greys and egress and all lots would be served by publicly dedicated roads. ~. Kement added that it was his understand- ing when he purchased this property approximately eight years ago that if the abutting property was developed, they would have to pave the road. He explained how it would be costly to build a road all the way around the complete piece of pro- perty. He feels this developer should come to the end of the property. This is ~u existing platted road dedicated by the City. He understood that the road had to be built here. He lost two lots by the upgrading of the zoning and now is told he must build a complete street in order to develop it. He does not think this is fair. Discussion followed about the situation of this subdivision and Mr. Kement's property and the regulations were read for clarification. Mr. Annunziato stated he did not think they could require this man to make off-site improvements in this case. He pointed out they were limited by the Subdivision Regulations which were met with every lot and property being served by a publicly dedicated street. Further discussion followed and then ~. Kement asked if he could just put in streets to his property and not finish the ends and Mr. Annunziato explained how ingress and egress would have to be determined at the time of plat approval. Further discussion followed about the possible access needed. Col. Trauger asked if Mr. Kement could be given an answer at this time and M~. Annunziato replied that his an~er is unless ~. Taplin wishes to redesign his project, he does not know what we can do since we made a commitment to the Sky Lakes plat ba~ed on our ~pproval. It would be asking the man to make off-site improvements which do not benefit his project. ~. Lambert added that he did not know of anything we could do, but appreciated Mr. Eement pointing this out. He thinks the only recourse if he wants to pursue it would be to go before the Council. ~. Annunziato added that the final plat will have to be approved by ordinance with a public hearing and possibly ~. Kement can relate his argument to the Council at that time. Col. Trauger added that this Board had no juris- diction on this matter. MINUTES PLANNING & ZONING BOARD PAGE SIX JANUARY 1 O, 1 978 H~. Lambert stated he would like to talk briefly about the recent interpretation of the non-conforming lots section of our Zoning Book. Mr. Annunziato added that he believes Attorney Reed developed that ordinance and he believes there was a need for a change because it did not limit it to resi- dential properties. ~. Lambert referred to Page 48A and told about the background of the new Zoning Ordinance not including non-conforming lots or a grandfather clause which caused problems for the Building Department and Board of Adjustment. He read Paragraph 3 and clarified that the in- tent was to allow building on one non-conforming lot with houses on the adjoining lots as long as the square footage requirements were met. He explained that the intention was not to apply to lots platted years ago, hut his opinion is tha~ when ~'prior" is referred to, it meant the previous set of~ ordinances. The intent was not to grant relief automati- cally where a group of lots were owned by one person. How- ever~ the recent interpretation of ~'prio~" is forever. He asked if this was discussed at the last City Council meeting and Mr. Annunziato replied that he believed it was and a mora- torium was placed on the issuance of permits unless there was a house on either side of an isolated lot. ~. Lambert continued that based on the interpretation, "prior" means anytime before this particular ordinance. He does not think they can deny somebody the use of their lot to build a structure. At the time it was platted, it was accepted by the City. Zoning should not go in and take development rights away. Following that thinking, why do the new setbacks and square footage have to be met? If you follow that thinking, why not go back to when it was accepted as a 40 ft. lot and follow the setbacks? Either the City has the right to go in and upgrade the property by zoning with setbacks, square footage, etc., but how can we deny him the building but only the setbacks or square footage? Mr. Annunziato replied that this was an interesting question and he thinks there are situations in the new Subdivision Regulation which will give us the ability to correct this problem, the ability to revert old undeveloped subdivisions back to acreage, l~. Lambert referred to spot lots and M~. Annunziato replied that this was basically a legal question and the attorney has been in- structed to investigate this. Col. Trauger stated that when setting this up, we were speak- ing of the previous zoning regulation and definition. The question was raised whether it meant to go back to when the lots were platted and there was a negative ~uswer and he is sure it was written into the minutes that "prior" meant the zoning prior to that change only. ~. Annunziato stated he thought this discussion would help the Council in their deliberations establish the intent. Mm. Lambert asked if there was any talk of having this Board re- view it and Mr. Annunziato replied negatively. ~. Lambert MINUTES PLANNING & ZONING BOARD PAGE SEVEN JA~VJARY 1 O, 1 978 clarified that simply a meratorium was placed until the City Attorney researches it and M~. Annunziato replied that he be- lieved so. Col. Trauger asked how the City Attorney could do research-without input from this Board? The attorney is going to make rulings on the research he can find and unless pro- Vided with an interpretation, he would never be able to make a ruling correctly. Mr. Lambert stated that he thinks Mr. Moore has correctly interpreted it, but just strongly feels it was not the intent. Mr. Arena asked if he felt this Board should go over this particular section and clarify it and Mr. Lambert replied that he did not know, but thinks it is causing a few problems. Mr. Arena asked if these were the lots in Laurel Hills and M~. Lambert replied that he was not referring to any specific lots, but he thinks someone is building on lots in Laurel Hills which brought it to a head. Mr. Annunziato suggested leaving this with the Council to benefit from the discussion in these minutes. He believes it will help in their deliberation and the result is whether we can prevent someone from developing if he owns more than one lot. Mr. Lambert added that they also must consider that over the years, many people have been required to go before the Board of Adjustment with single lots on both sides and had to pay the fee. There has been some ha~dship caused by this. He thinks the interpretation of this particular paragraph is rather important. Col. Trauger asked if we should invite the City Council's attention to this particular portion of the minutes and if they desire any further action from the Planning & Zoning Board, we will await their recommendation. Mr. Annunziato replied that it will be conveyed by the minutes and he thinks it will be addressed. Mrs. Huckle requested sometime during this year to address ourselves again to the requirement of a solid wall. She would like to hear the pros and cons and have it rehashed. She thinks it is a great disservice and in many cases a bad choice for the separation of properties. She would like to discuss it at a future meeting. Mr. Annunziato suggested bringing it up in late February or early March as our sche- dule will be very heavy until then. M_r. Lambert suggested setting it for the first meeting in March as he would also like to get this to a hea~. Mm. Annunziato stated that it was co~ered on Page 16, Section 4-L. Col. Trauger announced that it would be noted as tabled in the minutes to be sche- duled on the agenda for the first meeting in March. Mrs. Huckle referred to Mr. Arena asking about the carwash and advised that it was passed by the Council, but explained how they had reluctantly taken this action. She believes this should improve their reception of our recommendations. MINUTES PL~h~NING & ZONING BOARD PAGE EIGHT JANUARY ~0, 1978 ADJOURNM~ Mr. Lambert moved to adjourn, seconded by Mr. Winter. Motion carried 6-0 and the meeting was properly adjourned at 8:50 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Two Tapes) AGENDA PLANNING AND ZONING BOARD Da~e: Time: Place: January 10th, 1978 7:30 Council Chambers - City 2. 3. 4. 5. 6. Acknowledgement of Members and Visitors. Read~ ng and Approval .of Minutes. Ccx,,'~,~nications. Old Business: New Business: A. Election of New Officers B. Site Plan Approval Applicant: Mr. Heinis, "Farmer in the Dell" Motel Legal Description: acreage Location: 2821 So. Federal Highway Project Description: Addition