Loading...
Minutes 09-09-75MINUTES OF T~E REGULAR MEETING OF THE PLA~ING & ZONING BOARD HELD ~T CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 9, 1975 AT 7:30 P. M. PRESENT Joseph T. Kelly, Chairman Enrico Rossi Oris Walker Simon Ryder ABSENT ~Ms. Marilyn Huckle (Excused) Walter Mo Trauger, Vice Chman. Mrs. Vicki Castello (Excused) Warren Bushnell, Acting Bldg. Official (Excused) Chairman Kelly called the regular meeting of the Planning & Zoning Board to order at 7:40 P. M. and acknowledged that no- body was present in the audience. He then took roll call and announced that ~Ms. Huckle had called him and was unable to attend, but he had not heard from Col. Trauger nor Mrs. Castello. MINUTES The Minutes of August 26, 1975, were read. MX. Walker in- formed the Board that he was absent from this meeting and they did not have a quorum to adopt the minutes. Chairman Kelly announced that in the absence of a quorum, they will table these minutes u~til the next meeting. OLD BUS INESS Mr. James Wurth 640 Castilla Lane Pole Height for wind generator (Tabled) Mr. Walker made a motion to remove this item from the table, seconded by ~. Ryder. Motion carried 4-0. Chairman Kelly informed the members that Mrs. Huckle had called him and Mr. Wurth told her that his project is at a eomplete standstill. Mr. Wurth is not able to purchase the generator as planned and it is indefinite now as to when he can get a new one. Chairman Kelly explained the situation of how the generator became unavailable. The members discussed whether a fee had been submitted with this application. Chairman Kelly informed them that a fe~ was not required for applications before this Board. Mr. Bushnell added that if a fee had been paid and no action could be taken, he believes the fee should be refunded. Mr. Ryder read the discussion of this installation and requirements sug- gested by the Board from the previous minutes. The members al~o_d~scu~s~ ~h~. applicant.not being present, but it po~n~e~ ou~ ~a~ ~he ~nforma~ionWas given ~o a member ~Sthe Board in direct contact with ~M. Wurth. MINUTES PLANNING & ZONING BOARD PAGE TWO SEPTEMBER 9, 1975 Mr. Rossi made a motion to strike this item from the agenda and requested ~. Bushnell to return the documents pertain- ing to this installation to Mr. Wurth. Mro Ryder seconded the motion. Motion carried 4-0. Mr. C. Shelton 115 S. Seacrest Blvd. Abandonment of alley and granting of a utility easement (Tabled) ~. Rossi made a motion to remove this application from the table, seconded by Mr. Walker. Motion carried 4-0. Mr. Bushnell informed the Board that he had copies of all the responses to the letters sen~ out by the City Clerk with the exception of Teleprompter and by word of mouth, he has been told that they did respond and there is no objection. In addition, he has received fromM r. Shelton another letter dated September 6 stating that it is his intention to grant a 10 ft. easement to those utilities existing in the alley. According to the City Clerk, by granting an easement to one utility, it is granting to all utilities. He believes this indicates Mr. Shelton's compliance. He added that he did have a memo requesting the City Engineer to give a descrip- tion of this easement, which he has not received. Mr. Rossi referred to the applicant not being present and stated he thought it was incumbent for the applicant to fur- nish all the necessary information. Mr. Bushnell replied that he believed the City Engineer was erroneous in his re- sponse, but he does not have a legal description of the easement. Mr. Rossi stated that based on this, they did ~ not have the last ingredient required. Mr. Walker then referred to the water mains not being in a consistent pattern. Mr. Rossi agreed and stated~that it must be dug up to determine the location. Mr. Bushnell added that they did not have the exact location of the tele- phone cable either. The members then discussed whether it was necessary to require an easement for private utilities. M~. Rossi c~arified there were two utilities involved and they did not know where they were located. Mr. Rossi referred to this application still being incom- plete and made a motion to have the applicant prepare the necessary easements to the satisfaction of the City and Southern Bell and get letters of acknowledgment from Southern Bell and the City that the easement as prepared is acceptable. Upon receipt of these two instruments in satisfactory f~m, the Board will re-consider this application. Mr. Walker seconded the motion. Motion carried 4-0. MINUTES PLANNING & ZONING BOARD PAGE THREE SEPTEP~ER 9, ~975 Mr. Rossi added that on the next agenda that is Prepared, this Will still appear as Old Business, item The members but not as a tabled of t~e then discussed who Weuld advise ~. Shelten B°~d's request and after d~sc~sion, ~. agreed to do it. OT~R BUSI~SS Cha~m~ Eelly stated he Would l~e to bring the Bo~d members up-te-~ate en the meetings held With ~. Eimon, City Atter~ey; ~. Smeot, Cons~tant Pla~er; ~. Bushnell, Acting Building Official; and himself. have a p ~lie hearing on September 23 to COVer the four ite~ u · ~t ha~ been the Original intent to listed on the Aught 20 memo to the City M~ager. H~Wever, ~ Smoot ~s sub~tted three sheets COVering non-conforming definitions. About h~f of these were dlsc~ssed at one meet- ing, but ~. Smoot was ~a~le to attend the last meeting. meeting with ~. Simon and ~. B~hnell, we liste~ Basic er- r°rs, O~ssions, etc. in the regulations. Also to ~e inc!u~ed is the service station ordin~ce which was omitted. BUshnell a~ed that five paragraphs di~ not beteng an~ e~- Plai~ed~ Chairman Eei~y continue ' sheets for recommendat~on~ for th~ Bo~ of ~d~Ustment. They hope to finish that they ~so made up ~ all these items at a meeting tomorrow ~d another ~efore SeptemBer ~5 to meet the PuBiishing date for the PUBlic hearing. He suggeste~ they ha~e a special meeting on October 6 to make recommendations for the City CO~cil meeting on OctoBer 7. He would like to reviewed at this one meeting~ get all these ite~ ~- Rossi stated that whe prepared, the n all this wa~ when t ~B~d shoul~ rev ~ 9°mpleted an he pu~l~ ~ ~ ~ iew ~d d fin , ~c ne~n ac~ on th ~d October 6. ~ ff_~ould, be held and ~'~--~m' _He asked ~e~+~ ~at!o~s befo~ ~- .}~ted they sho,,~ ..... lie-!Y i-T~F~ ~ney Woula ~.Y.~ ~. PUOlic hear~- ~ ~'e~ew the tember ]M ~.~ _ Sed that he ~ .... ~ ,_ g . eZween now dations wou~ ~ ~2~.~. ~. ~o~ _~_o~ ~o~m f~o~ replied ....*~-2~=~~ ~e wC°~&eted before ~e lefta~Kea if .the reco~en_-~- row. ~. w~-~ ~u~'t ~ow unti ~ Cnairm~ Ee mate.~-= o'~°~ ssased that th=~ _l ~fter the meet~n' tl~-lly u ~ ~ ~Pared ~d wh . Bo~r~_must rev' ~ ~ o~or- P bloc he~ _ ether ~t _ ~ ~ew all l~g. ~he member- ~- should b~ ouol~-~ ~the --o ~souss the ~'t~me'~=u ior a meeting the September ~5 Publishing date. ~- R~der suggested do~-- ~ ~ in agreed and s~+~ _~__~.~s zn seeps ~d Mr. Bushnell tomorrow coul~ .... ~ =~ryth~ng Completed at the meeting be reviewed by the Board later this week to be sub~tted for publishing on September 15. ~- B~s~ell gave copies of the revisions ~d corrections to be discussed at the meeting tomorrow to the members. ~ Rossi referred mtO ~'Smoot,s reference to Case law and stated he disagreed and explained. MINUTES PLANNING & ZONING BOARD PAGE FOUR S ~,~ER 9, 1975 Chairman Kelly stated that after the first meeting, he po~ed all the members, except Mr. Rossi who was not available, and they were in agreement with the decisions made. At the second meeting, they discussed non-conforming uses and only got halfway through. Mr. Smoot was unable to attend the next meeting and in the meantime, the revisions, corrections, etc. were prepared and ~iscussed. By Monday, we should be able to hand 'these two things over to the City Clerk for publication. rM. Rossi referred to the reference of Laurel Hills Subdivi- sion and stated it must be in proper form for publishing, such as whether all plats were included. The members decided that they must meet to review the recom- mendations for publishing and agreed to meet on Saturday, September 13 at 1:00 P. M. Mr. Ryder made a motion to adjourn, seconded by Mr. Rossi. Motion carried 4-0 and the meeting was properly adjourned at 8:4t P. M. Note-. Per a telephone call from Chairman Kelly at 9:40 P. M., he advised that he contacted Mrs. Castello and Co~. Trauger after the meeting and both were delayed by business out of town and were unable to attend to- night,s meeting. AGENDA Regular Planning and Zoning Meeting. Time: 7:30 P.M.' Date: Sept.9, 1975 Place: Council Chambers, City Hall. 1. Acknowledgement of members and visitors 2. Reading and approving of minutes. S. Announcements: 4. Old Business: 1. 5. New Business: 2° Mr. Wurth 640 Castilla Lane. Pole Height for wind generator (Tabled). Mr. C. Shelton, 11§ S.Seacrest Blvd. Abandonment of alley and granting of a Utility easement (Tabled).