Minutes 08-24-76MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD
HELD AT CITY HALL, BOYNTON BEACH, FLORIDA
TUESDAY, AUGUST 24, 1976 AT 7:30 P.M.
PRESENT
JoSeph T. Kelly, Chairman
Fred Kostner, Vice Chairman
Richard Lambert
Simon Ryder
Louis Reiser
Carmen Annunziato, City Planner
ABSENT
Ga-=~'FF~-Winter (excused) vacation
Oris Walker (excused) vacation
Chairman Kelly called the meeting to roder at 7:30 P.M. and introduced
the members of the Board and the Building Official. He announced they
would dispense with the regular order of.business until after the
Public Hearing and proceed with the Public Hearing advertised at 7:30 P.M.
Public Hearin9
Abandonment request fo~ NE 4th Avenue between a 20 foot alley
parallel to the FEC Railroad right-of-way and NE 4th Street.
RepresentatiVes - Robert G. Beane
Lucian Samyn
Board as representa'
to the attention of
of the property rea,
then requested that
Kelly siated that ti
stated that the all,
is perpendicular to
Notice of the Publl~
and that everything
to a memo dated Jul
anager, wh!'ch was
Kelly:then r?d rep
tions; Building Off
objections; Florida
Cable, no objecttom
Mr. Robert G. Beane and Mr~Lucian Samyn identified themselves to the
;ives for the Abandonment Request. It was brought
the board by the representatives that the description
~ by_.Chairman Kelly was incorrect. Representatives
Chairman Kelly re-read the description. Chairman
;ere could be an error in the agenda. Representatives
yt did n. ot run parallel to the FEC Railroad, but it
he rallroade Chairman Kelly then referred to the
. earing and noted that the description was correct
wa~ legally in order. Chairman Kelly then referred
~ 23, from Tom Clark, City Engineer to the City
)assed on to various department heads. Chairman
lies from each department. City Engineer, no objec-
i"cial, no objections; Florida Power and Light, no
Publi'c Utilities Company, no objections; Teleprompter
~. Chairman Kelly then read the memo.
Mr. Annunziato infol
Southern Bell today
that they requested
provide for a 5 foo'
NE 4th Avenue papal
presented a drawing
Mr. Beane stated th~
said property. Mr.
5 foot easement acm
he talked to the ~:e'
,med Chairman Kelly that he had a~'~r~s~.nse from
August 24t Southern Bell had no oS~ections, but
thaiS, he right-of-way is abandoned, that the City
utility easement on the extreme 5 foot west of
el to the Railroad tracks. Mr. Annunziato then
of thisland to the board.
~t the Telephone Company was encroaching 2 feet on
Beach stated that the Telephone Company wants a
)ss the back of the property. Mr. Beane stated that
ephone Company and assured them that there would
be nothing built on this land and that he did not plan on changing any-
thing.
See Minutes
of 9/14/76
MINUTES
PLANNING & ZONING BOARD
PAGE TWO
AUGUST 2~, 1976
Mr. Lambert asked Mr. Annunziato if this would have to be changed in the
application.
Mr. Annunziato stated that if there were a motion, he~ould request that
it be made part of the motion.
Chairman Kelly,hen asked members of the board if they had any
questions to ~'sk representatives.
Mr. Ryder asked about financia~ consideration or payment in turn to
the City for the release of this land.
Mr. Annunziato said there is no financial consideration to the City.
Chairman Kelly again asked if there were any questions for representatives.
Chairman Kelly aske(
other than ~e two (
then asked if there
Mr. Lambert then mo~
the City Council th(
20 foot alley perpe~
Street, further thal
be recorded as a So~
Chairman Kelly aske(
Mr. Reiser seconded
Motion passed unanin
Chairman Kelly aske(
ginal owner or pers¢
if there were anyone in favor of this application
pplicants here present. Hearing none, Chairman Kelly
was anyone opposed. There was no one opposed.
~ed that the Planning and Zoning Board reconmmmd to
~bandonment request for NE 4th Avenue between a
~dl~cUlarto the ~EC Railroad right of way and NE 4th
:~the westerly five feet paralleling the right of way
them Bell Telephone easement.
for a second.
the motion.
ously, 5-0.
representatives if the survey was prepared for ori-
n from whom they bought the land.
Representatives rep)ied that it was prepared for original owner or person
from whom they bought the land.
m
Representatives rep)led that it was prepared for' original owner.
Chairman Kelly notedL that survey was prepared for Mrs. Julianne M. Tanner.
Representatives stated that the reason for Mrs. Tanner's name being on
the survey was that when they bought the property they requested an up
to date survey.
Chairman Kelly stat(
request for Amendmer
operation procedures
Mr. Annunziato for
Mr. Annunziato stat
Chairman Kelly then
~make a recommendatl¢
~d that the next item under Public Hearing was the
~t to Section l0 {3} the Zoning Ordinance regarding
· for the Board of Adjustment. Chairman Kelly asked
omments on Amendment.
~d that he had no comment on the Amendment.
asked Mr. Annunziato if a member of the Board could
.n on the recommendation of the City Attorney.
Mr. Annunziato said that he agreed to that.
MINUTES
PLANNING & ZONING BOARD
PAGE THREE
AUGUST 24, 1976
Mr. Lambert wanted to know more about the ordinance before it was changed.
Mr. Annunziato stated that he was not up to date on the differences
between Chapter ll2 and Chapter 163 of the Florida Statutes, but that it
appeared that the B~abling Legislature has changed the chapters.
Mr. Lambert asked if the change was made to bring the ordinance back in
line; that the present books say Chapter ll2 Part 3 but it is now changed
to Chapter 163 Part 2.
Mr. Annunziato agreed.
Chairman Kelly then asked if there was anyone in favor of the changeJ
proposed Ordinance 76-40. No one was in favor.
Chairman Kelly asked if there was anyone opposed. None were opposed.
Chairman Kelly then a~ked members of the Board for comments.
Mr. Lambert and Mr. Kostner both agreed that the Board should be
supplied with more information concerning the proposed Ordinance 76-40
in order to make an intelligent decision.
Chairman Kelly felt that a motion could be made based on the recommenda-
tion of the City Attorney despite the Board's lack of specifics.
Mr. Kostner still felt that more information was needed.
Mr. Reiser stated that the Board didn't really know what it was all about.
Mr. Ryder said that he could see conditionally recommending the change
provided we mention the fact that as fa~as the Board is aware, it is
just a matter of changing the numbers.
Chairman Kelly then read Section l0 (A) (3) of Appendix A, Codified
Ordinances of t~e City of Boynton Beach. Chairman Kelly observed that
o~r present Codlfie4 OrdinanceS is under Chapter ll2 Part 3 and that the
City Attorney recommends that it be updated to Chapter 163 Part 2
Florida Statutes.
Mr. Annunziato read a letter dated August 19, 1976 from the City Attorney
to the City Manager~
and Zoni~ Board fo]
mendations being fol
attaching a copy of
of indicating that
by the Planning and
this ordinance wi'th(
"On July~13, 1976, I forwarded to you proposed Ordinance
amending Section lO (A) (3) to our zoning regulations f~r the purp6Se
of correcting the iacorrect Florida Statute Chapter designation set out
therein. I requested that the proposed ordinance be set before the Planning
· its consideration at a Public Hearing with its recom-
~arded to the Council for ultimate action. I am
the aforesaid propesed ordinance for the purpose
~e have numbered it as.~t, dinance 76-40. After action
Zoning Board, the council may proceed to consider
~ut regard to the detailed procedure applicable to
ordinances dealing l~ith Zoning or land use alterations as provided in
amended Florida Sta':ute Section 166.041 which was discussed in my letters
to you of 8/16/76 am)d 8/19/76.
MINUTES
PLANNING & ZONING BOARD
PAGE FOUR
AUGUST 24, 1976
Mr. Annunziato concluded that the City Attorney is changing an'incorrect
Enabling Act citation. He also offered to provide copies o~ Chapter ll2
of the Florida Statutes for the Board.
Mr. Lambert said that he would be interested in reviewing Chapter ll2.
Mr. Kostner felt that the matter should be turned back over to the City
Attorney, explaining that the Board was not germaine to this kind of
legal action.
Chairman Kelly explained that the letter points out that the matter
be referred to the Rlanning and Zoning Board as a technicality. He
also said that he did not feel that anything would be changed but the
number.
Mr. Lambert agreed that the number was the only thing changed. He
questioned wheter or not the change would affect the make up of the
Board or the way it conducts its business.
Mr. Annunziato said that the change does not affect the make up of the
Board.
Mr. Lambert moved that this matter should be tabled for further information.
Chairman Kelly then asked for a second to the motion. Motion failed
for lack of a second.
Chairman Kelly then asked for comments from the board.
Mr. Ryder moved that t~e Board recon~.end to the City C~unci! apprQval '
of the adoption of Ord~'nance 76-40 w~'th the understanding that Same has
the recommendation Of the City Attorney and his opinion to the extent that
the arrangement,of meetings and the adoption of rules remain unchanged
and the cha~ge !s limited entirely to matter of designation by number.
Motion carried unanimously., 5-0.
Chaiman Kelly then moved on to the next item of business which was
the reading and approving of the minutes-of August 10. He asked Board
members for corrections or additi~ons, There were none.
Mr. Lambert moved that the minutes of August 10, 1976 be adopted as
presented. Mr. Kostner seconded the motion. The Board adopted the
minutes with a vote of 4-0 with 1 abstention, Mr. Reis,er having not
been present at theAugust l0 meeting.
Chairman Kelly stated! that there were no further announcements.
Chairman Kelly then proceeded wi'th the fifth item of business, Mr. James
Wurth, Windmill Generators, Lee Manor Isles, Lot 21.
m
Mr. Wurth i'dentified himself to the
Board.
m
Chairman Kelly asked Mr. Wurth if he wanted to add anything to his
previous statementsJ
MINUTES
PLANNING & ZONING BOARD
PAGE FIVE
AUGUST 24, 1976
Mr. Wurth asked if all members of the Board were familiar with his
request.
Chairman Kelly asked the Board if each member had a copy of the July 20th
memo from Mr. Robert Reed, City Attorney, addressed to Mr. Frank Kohl,
City Manager. All members had copies.
Chairman Kelly then advised Mr. Wurth that the Board was familiar with
the request.
Mr. Kostner explained that he was not a member of the Board when Mr.
Wurth first appeared before the Board. He then asked Mr. Wurth what the
Board's decision was at the first meeting.
Mr. Wurth replied that the request was tabled at the first meeting.
Mr. Kostner then asked Mr. Wurth to explain what happened after that.
Mr. Wurth said that when he first came before the Board he just came with
the idea of doing it, he had no actual hardware. After the first meeting
he found out that h~-was able to find some hardware to do the job and
then he came back to the Board on April 13, saying that he had the actual
generators and that he would like to do it.
Mr. Kostner then asked Mr. Wurth what the Board's decision was at the
second meeting.
Mr. Wurth stated that it was again tabled. Mr. Wurth proceeded by
saying that at the third meeting, Mr. Jim Smoot informed him and the Board
that Mr, Wurth should not even be before the Board, that the way the
Ordinances stood he could go ahead and put the generators up. Acting
on Mr. Smoot's suggestion, Mr. Wurth erected the generators. Mr. Wurth
stated that the Board took no action at that time.
Mr, Wurth continued to say that he had talked with Mr. Smoot after the
meeting and that Mr, Smoot advised him to proceed with construction,
that when he {Mr. Smoot} got through with the Ordinances, there will
be specific language in there to cover this.
Mr, Kostner asked if there was at that time anything covering this
Ordinance.
Mr, Wurth replied that there was not, Mr. Wurth said that this was the
reason for his coming before the Board, because he knew that there was
nothing in the Ordinances to cover anything like this, He wanted the
City to be aware of what he was doing. Mr. Wurth stated that he went
around to all his neighbors and got a petition, to make sure they did
not object, He said that as a result of the Ordinances, it was hard
for the Board to make a yes or no decision.
Chairman Kelly then stated that he was puzzled as to how this matter
wound up before the Planning and Zoning Board.
See P. 7, Mins.
of 9/14/76
Mr. Kostner asked Mr. Wurth if anything else happened after that.
Mr, Wurth said that at that point he got his engineering drawings approved
MINUTES
PLANNING & ZONING BOARD
PAGE SIX
AUGUST 24, 1976
by a City licensed Engineer and erected the towers on December 6, 1975,
and they have been up ever since. He then stated that Mr. Howell from
the Building Department called him up and informed him that there had
been a complaint from one of the City Council members because this matter
was still before the City,
Mr. Kostner then asked Mr. Wurth if he had gotten a permit from
the City before he erected the t~ers.
Mr. Wurth said that the City could not give him a permit because of
the way the Ordinances were written.
Mr. Kostner asked Mr. Wurth if he applied to the City f~r a permit to
erect these towers.
Mr. Wurth replied that he had applied and that the City had his plans
prior to that.
Mr. Kostner asked if the Building Department had turned it down.
Mr. Wurth stated that they had turned it down because they couldn't
do it without the Planning and Zoning Board giving them approval to do it.
Mr. Kostner asked. Mr. Wurth if he had erected the Towers regardless of
whether or not the permit would be issued,
Mr. Wurth said that on the recommendation of Jim Smoot, he erected the
towers. He also stated that Warren Bushnell, who was the head of the
Building Department at that time, told him that he would not give Mr.
Wurth any trouble over it as long as they are done to Engineering standards.
Mr. Wurth assumed that Mr. Smoot was going to get the Ordinances squared
away so he could come back later and he could issue the permit legally.
Mr. Wurth stated that Mr. Smoot recommended that he erected the towers
at that time, that it would save Mr. Wurth a lot of trouble.
Chairman Kelly then stated that Mr. Smoot did not have the authority
to te)l Mr. Wurth that, Mr. Smoot was the Consultant Planner.
Mr. Kostner stated that Mr. S~oot had no authority to give him
the go ahead to do this, He is not an officer of this Board and has
no powers to recommend to the City Council and the City Council has the
final say so in the matter.
Mr. Kostner referre~ to a newspaper article from the Sun Sentinel whLich
stated that Mr. Wurth had more power thaR he could possibly use.
Mr. Wurth explained that the wind generators were developed back in
the ~30~s and '40's~, in a time when there was no rural electrification
in the mid-western I~art of the United States. These were mainly used
to supply people on
to provide electric'
the people drew off
their house..He
conversion units,
called synchronous
utility company on
power directly to h'
farms and in small towns where there was no utility
ty and they were used to charge batteries. Then
the batteries to run lights and basic appliances in
)lained that batteries were basically inefficient
~~ to modern technology, we have a device
,~p-~-~-~-i . This device ties in with the existing See~s. of
:heir lines instead of charging batteries, iS feeds 9/14/76
s house through this device in conjumction with
MINUTES
PLANNING AND ZONING BOARD
PAGE SEVEN
AUGUST 24, 1976
Florida Power and Light, When he is drawing a lot of current in his
house the wind .generators are not able to supply all of it because they
are not large enough. So Florida Power and Light flows in normally to
make up the deficit. When the wind is still blowing strongly and his
house is using very little current, the generators are still generating
current and it feeds back into Florida Power and Light'sIines through
another power meter which he gets a credit for. Thus, he is using Florida
Power and Light as the storage battery, so you can use his electricity when
he is not using it. Therefore, Mr. Wurth feels it is a good energy con-
servation system, Mr. Wurth said that in over all perspective, it
will only supplement his power needs by 20 to 30 percent. Mr. Wurth
said he is not in the business to sell power, it is a means by which
the device utilizes all the energy available from th~ wind~ so when he
isnot using it someone else is using it, thus reducing FlOrida Power
and Light's fuel bill, thus conserving energy.
Mr. Kostner referred to the article from the Sun Sentinel in which Mr.
Wurth states that he can put a high temperature solar collector in the
wind mill on the roof of his house and forget all about everyone else and
their black outs. William Gileasi, President of S.A.N.E. said that it
works, and people aredoing it now. Mr. Kostner asked Mr. Wurth to
explain these statements.
Chairman Kellystated that Mr. Gileasi was a former Building Official here.
Mr. Wurth said that Mr. Glleasi is an optimist, that this could be done
if you didn't have a lot of hydro items on your house.
Mr. Kostner stated that he still could not understand why Mr. Wurth
went ahead and constructed the towers before getting any agreement from
the Board, before getting a permit.
Mr. Wurth stated that his was not true, that he was advised by the head
of the Building DePartment that he didn't require one. He said that he
was advised by the C!ty to go ahead and do it, then when the Ordi~nances
were squared away then to come back and make corrections or amendments or
whatever it took to do it.
Mr. Kostner asked Mr. Wurth what day the towers were erected.
Mr. Wurth replied December 6, 1975.
Mr. Ryder broke in at this point and stated that his recollection doesn't
agree with this at all. Mr. Ryder proceeded to say that during the
several previous me~tings the issue presented was a matter of going
beyond the 45 feet which was limited in the code. Mr. Ryder f6tt that
the issue was whether this type of thing belonged in an R-l~J~ area.
He said the final m~eting we had.prior to this meeting tonight point
was raised that the towers and w~ndmills were up and finally a~ter
much discussion a motion was made that it be referred to the C~ty Attorney
because of the fact that this had already been done and that the question
was how do we proceed from there. That is the reason we had this
communication from lhe City Attorney so there was no indication at any
time that any membe~ of the Board gave any kind of approval, qualified
or otherwise and anything else was apparently an assumpt~on that Mr.
Wurth made. Mr. Ryder stated that heShas been opposed to this right
along. He said that this was not a realistic thing to consider something
MINUTES
PLANNING & ZONING BOARD
PAGE EIGHT
AUGUST 24, 1976
like this in an urban area, particularly the area Mr. Wurth is in. Mr.
Ryder referred to an article in the Miami Herald, Sunday, July 25,
1976, which stated, can you imagine just how impractical it would be and
how ugly a subdivision would look if each and every home had a 50 foot
tower topped with 30 foot wind charger stuck out in the back yard.
Mr. Wurth said that he would hope that Mr. Ryder would not take the word
of,a reporter with no technical background on a subject like this.
Mr. Ryder stated that the answer in his mind is not individual installa-
tions, it is not feasible, and Mr. Wurth himself said that it takes
lO or 20 years to have this pay for itself. He stated that it if the
City gives an official blessing to Mr, Wurth's type of installation they
have to be prepared in the future to go along with anybody else who
so desires to do so. Mr. Ryder stated that it~uld not be practical.
Mr. Ryder then asked Mr. Wurth if he had made his own calculations or
if they were reviewed by a Civil En§ineer.
Mr. Wurth stated that he did not make the calculations.
Mr. Ryder asked Mr. Wurth if there was a special alloy in the pipe.
Mr. Wurth stated that steel pipe was used.
Mr, Ryder said that unless it is special alloy he would not approve of it.
Wurth could have ap~
Board of Adjustments
procedures were loll
erection of the tow(
regulations which r(
structures and specl
provide that
Water, cooling,
Chairman Kelly referred to the minutes of the April 13th ~eeting, Page 18.
He stated that the Board asked for the City Attorney's opinion and
received it in Mr. Reed's memo of July 20. Chairman Kelly then pro-
ceeded, "Section 241 which creates the Planning and Zoning Board and
sets forth its powers and duties among them being the power to consider
and investigate any subject matter tending to the development and better-
:ent of the municipali~ and the right to make recommendations as it may
eem advisable concerning adoptions thereof to the City Council thus while
it might be technically argues that the Planning and Zoning Board has
~ufficient general powers to have made a determination in this section
!t is my feeling that the proper procedure for Mr. Wurth to have followed
was to make an application for a Building permit to erect these towers.
If at that time the Building official had refused to issue the permit,
Mr, Wurth could have'filed a mandamus action in the Circuit Cou~t t°
require issuance of the requested permit. Under our present code Mr.
ealed a building official's decision to ou~ Building
and Appeals, however, neither of the aforesaid
owed. AccOrdingly it is my opinion that Mr. Wurth's
rs is in violationof Section 9A of the Zoning
quires a building permit for construction of all
fically S~ction 4~ {2} of the Zoning regulations which
fire, radio and television towers and similar
qtructures and their necessa~mechanical appurtances may be
erected above the h~ight limn'ts herein above establish {45 Feet}
after a recommendation by the Planning and Zoning Board and approval
by the City Co~ncil.
m
However, I believe the problem that at this point is.how to handle
this situation from a practical standpoint. Unquestionably, the Building
MINUTES
PLANNING AND ZONING BOARD
PAGE NINE
AUGUST 24, 1976
Official could charge Mr. Wurth with one or more violations of the
Building and zoning code and prosecute him in the ,Municipal court,
however, such action would be impractical if the City would have permitted
the structures had Mr. Wurth followed proper procedures in the first
instance. I am puzzled as to how this matter wouhd up before the Planning
and Zoning Board since on Page 16 of the minutes it appears that the
only application made by Mr. Wurth was for a variance to the Board of
Adjustments. I am also concerned as to the legal validity of the above
quoted language in,Section 4F (2) of regulations as to the effect that
~t~t~e~u~nn~?~lO~i~et~~e~n~a~n~nB~b~h~P~V~ebY
regulations for the Planning and Zoning Board and Council to consider in
recommending and approving the erection of structures over 45 feet in
height the Circuit CoUrt could well strike down th particular section.
the Building
to the Planning
· es be
against it,
vor of it,
Mr. Wurth should i
remove the towers, alternative to this, procedu
th? City Council to direct the City Manager
written notice to remove the towers on the §
pursuant to the pro~ of Section 7 (20) of the
advising him that~ does not remo the towers
the City is not only~ ng to remove
on his going to remove them at his ex
for th'e amount t~ereof, but it is als
court with the vio.l~tion of our bui
either yourself or Bud: HoWell wishes
please do not hesitate to contact me,
would be for
20 days
are unsafe
and further
in'that period
a lien
property
m in municipal
)$~ In the event
further,
Reed,
Chairman Kelly stated that this was the answer to what the Board had
asked the City Attorney to do, and recommended that they for~t the
engineering and other aspects of the matter.
Mr. Lambert said that he partially disagreed with the Cha!~a~)$~statement
on the unimportanCe/of the engineering aspect of the mattered'He felt
that the engineering ~art of it was purtenant whether or not the Board
approved or denied th~s request, He stated that ~t is not certain
whether or not the towers are unsafe,
Mr. Wurth stated that the Towers were safe according to a state licensed
engineer.
Mr. Lambert stated ~gain that the question of~hether or not the towers
are unsafe has not yet been answered.
Mr. Kostner read a paragraph from Planning & Zoning code, page 35,
Sectien 9. Mr. Kostner stated that Mr. Wurth did not follow the procedures
set forth in this section of the code.
Mr. Wurth said that he followed orders given to him by city officials.
Chairman Kelly then asked Mr. Annunziato for comment.
MINUTES
PLANNING & ZONING BOARD
PAGE TEN
AUGUST 24, 1976
Mr. Annunziato stated that the Board should act on whether or not the
towers are useful, whether or not they are appropriate.
Chairman Kelly said that the Board was dealing with a situation created
as a violation and they should treat it now as, whether or not
it is good for the City; is it i~nding for the betterment of the munici-
~al i ty,
Mr. Wurth stated that before he even started construction of the towers,
he went around to his neighbors and asked if they objected to this and
they said that they did not in writing. He said that the towers have
been up for 8 months and he has not received any unfavorable comments.
Mr. Wurth stated that Florida Power & Light was cooperating with him;
their Engineering Department is installing thousands of dollars of
test equipment; they are going to supply data to the Public Service
Commission. Mr. Wurth stated that he realised this was different and
that Mr. Wurth stated that he realised this was different and that is
why he tried to do the best that he could by contacting his neighbors,
coming before the City. Mr. Wurth said that after being advised by
City officials, he.felt that he had done the very best that he could do,
and went ahead and erected the towers. He stated that the towers have
a 13 to 1 safety factor.
Mr, Ryder stated that~we have to take into consideration not only what
~he immediate neighbors might think, but the overall picture.
Mr. Kos~ner asked Mr. Wurth whether or not he felt that the value of
a home with a tower constructed on the property would increase, stay
as it was, or be lessened.
Mr, Wurth replledthat the value would probably be strengthened,
Mr, Kostner pointed~out the fact that he is an accredited real estate
appraisor and he would have to give such a home depreciating factor.
Mr. Wurth stated that the towers were not designed as a beautification.
They were blended in the very bes~ he could have done. Mr. Wurth said
that what the towerSwould give h!m in the way of energy conservation far
out weighs what little detriment someone might think it looks. Mr.
Wurth said that suppos~ everybody had one, it would reduce Florida
Power & Light's fuel bill $250,000 a day.
Mr. Ryder stated that the Board had to decide whether or not this was
legal or not legal and he feels that it is not legal. It was constructed
without a permit. Ue referred to and agreed with Mr. Kostner~s statements
concerning the depreciation of property.
Mr. Lambert referre(.to Mr. Reed's letter which was read by Chairman Kelly.
He stated that ther( are no guidelines for this situation in the regula-
tions for planning zoning. Mr. Lambert felt that there was two sides
to the issue, one lng whether or not the zoning should permit this
type of use or that any zoning should. The second which is more the
technical part of ii. He stated that the towers were not-built with
any approval of the Engineering Department or the Building Department.
Mr. Lambert asked . Wurth what specifications the generators were built
under.
MINUTES
PLANNING & ZONING BOARD
PAGE ELEVEN
AUGUST 24, 1976
Mr. Wurth replied that the generators were built 30 years ago.
Mr. Lambert asked how old the towers were.
Mr. Wurth stated that the towers were brand new.
Mr. Lambert asked about the specifications of the towers.
Mr. Wurth said that the towers were built on specifications by a Florida
licensed structural engineer.
Mr. Annunziato stated that if this were permitted, and Mr. Wurth submitted
his plans and specifications with the Engineer's signature and seal on
the plans, the Building Department would issue a permit, the difference
would be inspections.
Mr. Lambert told Mr. Wurth that the board did not really know whether or
not the towers were constructed to'specification since there were no
inspections.
Mr. Kostner asked Mr. Wurth what the overall height of the towers was.
Mr. Wurth replied that the towers were 45 feet but he has 5 feet of
mounting assembly structure on the top makin it about 50 feet.
Mr. Kostner stated that the code called for 45 feet maximum.
Chairman Kelly stated that the recommendation from the City Attorney could
be boiled down to.one sentence; that the building official contact
Mr. Wurth and request that he reapply to the Rlann~ag and Zoning Board
requesting a recommendation thatthe structure be permitted to continue in
existence.
Mr. Ryder moved we have here an application for the installation of two
windmill generators on the rear property of the applicant. Said generates
having previously been installed without pre-requisite permit from the
Building Department~ In that regard ~e,~m~v~.d that this Board recommend
to the City Council the denial of thi~' request on the basis of such
structure is not compatible with the location of the property which is
located in a R-1AA residential zone. Mr. Kostner seconded the motion.
Mr. Kostner stated that the reason he seconded this motion was by virtue
of the memo from the City Attorney to the City Manager dated July 20,
1976, regarding Jim Wurth, windmill generators, based on the various
factors outlining his memo, he felt that it warrants rejection of this
Board.
Chairman Kelly asked Board members to vote on motion. Motion passed
4-0, with oreLebstention, Mr. Lambert.
Mr. Kostner stated that he would like to have the members polled.
Chairman Kelly the asked that the Board be polled.
Mr. Reiser, yes; Mr. Ryder, yes; Mr. Lambe~G abstain; Mr. Kostner, yes;
Chairman Kelly, yes.
MINUTES
PLANNING & ZONING BOARD
PAGE TWELVE
AUGUST 24, 1976
Mr. Wurth stated that he came before the City 9 months ago asking for
guidance in this matter; and after being advised to go ahead and construct
the towers he told that he was wrong.
Chairman Kelly stated that the Board asked for an opinion from the
City Attorney and got one.
Mr. Wurth asked why this wasn't done when he first came in seeking guidance.
Chairman Kelly stated that there was no formal application.
Mr. Ryder said that Mr. Wu-th had nothing from the City that gave him
any kind of approval from the City to go ahead with the towers.
Chairman Kelly agreed with Mr. Ryder in that Mr. Wurth made a mistake
by not getting something in writing. He stated that he felt that the
Board had tried to be fair in the matter.
Mr. Kostner reminded Mr. Wurth that his next step is the City Council,
and that they could reverse the recommendation.
Chairman Kelly said that the City Attorney points out should the
City Council reject the recommendation of the Board in favor of it,
Mr. Wurth should then be prosecuted. He stated that it wasn't mentioned
whether or not the Council would reject the Board's recommendation of
rejection. He said that it was outlined for the Board's guidance and that
the Board acted as they saw it.
Mr. Wurth stated that there was no problem there.
Mr. Lambert asked Mr. Annunziato if it was about time that the Board
worked on some type of guidelines for the erection of structures over
45 feet. He stated that he was not on the Board at the time this matter
first came up and that was his reason for abstaining because he did not
know exactly what,has been going on.
Chairman Kelly stated that had Mr~:~K~me up originally with a formal
applicatian before ~he Board for~~q~ making an exception to the
45 feet height and all other factors would have been long time settled.
See Mins. of
9/14/76
At this point Chairman Kelly called the discussion to a conclusion,
Mr. Annunziato agreed with Mr. Lambert that written guidelines should
be included for every possible decision the Board makes.
Chairman Kelly agreed. He asked who should be notified to look into
such matters,
Mr. Annunziato said that it was his understanding that the Board has
instructed him to p~opose ,some guidelines to that section upon which they
base their decisionS, for example, neighborhood, height, structure.
Adjournment
Mr. Kostner moved to adjourn, seconded by Mr. Ryder. Motion carried
MINUTES
PLANNING AND ZONING BOARD
5-0 and the meeting was properly adjourned at 9:23 P.M.
Respectful ly submitted,
Debi J. Conrad
Substitute Recording Secretary
(Two Tapes)
PAGETHIRTEEN
AUGUST 24, 1976