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Minutes 08-26-75MINU~S OF THE REGULAR ~ETING OF T~LE~ PLANNING & ZONING BOARD HELD AT C I~i~ HALL, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 26, 1975 AT 7:30 P. M. PRESENT Joseph T. Kelly, Chairman Walter M. Trauger, Vice Chman. ~Ms. Marilyn Huckle Enrico Rossi Simon Ryder ABSENT ~s. Vicki Castello (Excused) Oris Walker (Excused) Warren Bushnell, Acting Bldg. Official Chairman Kelly called the meeting to order at 7:42 P. M. and welcomed the ladies and gentlemen present to the second regu- lar meeting in the month of August of the Planning & Zoning Board. He introduced the members of the Board, the acting Building Official and Recording Secretary. He announced that ~s. Castello and Mr. Walker were unable to attend. He acknowledged the presence of mMr. Peterson, of the Sun-Sentinel, in the audience. MINUTES The ~nutes of August 12, 1975 were read. ~Ms. Huckle re- ferred to Page 8 and the following discuSsion and advised that the spelling of the name was: Wurth. ~Ms. Huckle moved that the M~nutes of the Regular Meeting of the Planning & Zoning Board on Tuesday, August 12, 1975, be approved as corredted. ~. Ryder seconded the motion. Motion carried 4-0, with Col. Trauger abstaining by virtue of not being present at this meeting. CORRESPONDENCE Memo from Chairman to Cit~ Manage.~ Chairman Kelly ascertained that each member had received a copy of his memo dated August 20 to the City .Manager. He explained that Mr. Simon dictated this as a result of their meeting. They are recommending these changes and any changes will be subject to public hearing. They are meeting again this Thursday morning on a less urgent basis. It is proposed that the Board work with Mr. Smoot and he understands that Mr. Smoot has a multitude of ideas and solutions of what they have to cover. 5~. ~der questioned that this was still subject 2o further recommendations and was not complete and Ehairman Kelly agreed. MINUTES PLANNING & ZONING BOARD PAGE TWO AUGUST 26, 1975 Letter from Advance Air ConditioninE Co. Chairman Kelly read a letter dated July 29 from Advance Air Conditioning & Heating Corp. It referred to Lots 16 and 17, Bowers Park, and how the owner had it zoned commercial on two occasions and now it is zoned R-2. He requested that it go back to the original C-2 or C-3 zoning. Chairman Kelly asked for Mr. Bushnell's comments about this. Mr. Bushnell informed them that this man had gone before two Boards to have this zoned properly and now it has been zoned out of c~mmercial again. Adjacent to this property is C-3, across the tracks. He would like to bring the line across the tracks toiinclude these two lots. The entire property is covered by a factory and he could not sell it, if he chose to move. Chairman Kelly read the minutes of the Planning & Zoning Board meeting on June 9, 1966, changing the zoning to C-2. He added that he believed there was a~ error in the map. Mrs. Huckle stated she would like to check the old map~ as there are houses in this area. The members checked the loca- tion on the new map. Col. Trauger remarked that he could con- tinue his business in the R-2 zone. The members discussed whether there was an actual error in the new map; the requests for commercial zoning on record and granted By the City; the desirable use for this piece of land; zoning of adjoin~ areas; uses allowed in 0-2, C-3 and M-1 zones; updating the map when changes are made in the plat hook; setting a prece- dent for other pieces of land previously spot zoned; the reasons for changing from commercial to residential, etc. After this lengthy discussion., Mr. Rossi made a motion to request Mr. Bushnell to review the plat book to determine that they did not overlook any more of these areas. Col. Trauger seconded the motion. Under discussion, Mr. Ryder stated that he would like to see that from now on the map was kept up-to-date. Col. Trauger agreed and added that it could lead into a chain reaction, and he would like te have the results from the plat books. ~s. Huckle questioned how this was different from other areas where they changed the zoning and pointed out the extent of this request to Mr. Bushnell. Mr. Bushnell agreed this would be a lot of work and Mr. Rossi volunteered to come on a Saturday and go over the whole thing. Mrs. Huckle remarked that she didn't thimkit was a job for the Building Department. Chairman Kelly suggested they consult the old map, which may be help- ful and F~. Bushnell volunteered to get it from the Building Department. Mr. Rossi withdrew his motion until they con- sulted the old map, and Col. Trauger withdrew his second. While obtaining the old map, the members agreed to continue with the regular business. MINUTES PLANNING & ZONING BOARD PAGE THREE AUGUST 26, 1975 OLD BUSINESS Alley Abandonment and Easement Taking for C~ W. Shelton 115 S. Seacrest Boulevard (TABLED) Col. Trauger moved to take this item off the table, seconded by Mrs. Huckle. Motion carried 5-0. ~. Bushnell referred to the last meeting and the requests of the Board. As requested, Mr. Shelton submitted a survey and there is a water line located underground. Tom Clark and Perry Cessna agree to accept an easement five feet on each side of the water line. The City has notuse for this alley. Mr. Ryder referred to public access for this alley being re- quired and this was discussed. Chairman Kelly read a memo dated May 7 fromMr. Kohl to Mr. Simon. He then read ~. Simon~'s reply dated August 8 stat- ing that if both the right-of-way and easement presently exist, the abandonment of the right-of-way must be ~on~'tioned upon re- tention of the easement. They must obtain a legal descrip- tion. He then read a memo dated August 22 from ~. Kohl to Mr. Flushing requesting an accurate legal desc~$ption and Mr. Bushnell submitted Mr. Flushing's reply. Chairman Kelly then read the minutes from the July 8 public hearing. Mr. Rossi referred to the requests made to Mr. Shelton at the public hearing and questioned if they had been taken care of? Mr. Bushnell showed the survey to the members. Mr. Bushnell noted that the City Clerk had w~i~ten to the various utility companies, but they only received a reply from Florida Public Utilities. Mr. Rossi made a motion to table this applicatio~ for Mr. ~Nelton,s request of abandonment of a certain right-of-way. Also, to request the City~nager to obtain the proper clear- ance letters from Florida Power & Light Company, Southern B&ll and Teleprompter T.V. and a further description to be submitted and prepared for the water main. Mrs. Hua~le seconded the motion. Under discussion, Mr. Rossi stated he believed the applicant should document everything and he ex- plained. The actual procedure was discussed and it was agreed that Chairman Kelly would write a memo to Mr. Kohl advising that this application was tabled because it was in- complete. Request o£ Advance Air Conditioning Co. (Continued) ¥~. Bushnell showed the old map and the members noted that this property was previously zoned M-1. Chairman Kelly noted MINUTES PLANNING & ZONING BOARD P~GE FOUR AUGUST 26, 1975 that the minutes of June 9, 1966, zoned this C-2. He sug- gested that the plat book be consulted to see if there was an ordinance subsequent to 1966 when this was made M-1. Col. Trauger moved to table this until the plat book had been reviewed and past history noted. Mrs. Huckle stated they didn't need to table this, as it was not on the agenda and the members agreed. ~quest of ~. James. W~rth (TABLE~ Mrs. Huckle made a motion to remove from the table the busi- ness of James Wurth and his wind generator. ~. Rossi seconded. Motion carried 5-0. Mrs. Huckle sub~_tted a letter dated August 21 signed by the following people stating they have no objections to James Wurth, 640 Castillo Lane, installing a wind generator to City codes and specifications: Mr. Cest, Mr. Pengue, Mr. Simpson and Dr. Huckle. She then read an attached letter from Mr. O. W. Lowry stating he had no objection to James Wurth installing a wind generator to City codes and specifi- cations. Mrs. Huckle informed the members that this covered all ~. Wurth's neighbors, except one away for the sumpter, some vacant lots and those across the canal. Chairman Kelly asked ~. Ryder if he was satisfied, since he made the original motion. Mr. Ryder asked for F~s. Huckle's comments as a neighbor. Mrs. Huckle replied that since it was Mr. Wurth undertaking this, she felt very safe about it and she explained. The members discussed with Mrs. Huckle and ~. Peterson the installation of Mr. Wurth's solar heater. Mr. Rossi referred to the letters,reference to City codes and specifications and stated he didn't think there was an exist- ing code or specification in existence to apply to this. This was discussed and how the safety of the people and pro- tection for the Cit~ must be considered. Mr. Bushnell pointed out that this was a source for electricity and they do not issue permits for the utility company to install poles. He maintains that since Florida Power & Light Co. is not a monopoly and it is granted to them, this man has the same right and can put up a pole as there is no ordinance prohib- iting it. Mr. Ryder referred to this being requested in a residential area and how they possibly may receive similar requests from other residential areas. Mrs. Huckle referred to accessory uses in the code and just what could be allowed under this. MINUTES PLANNING & ZONING BOARD PAGE F~-E AUGUST 26, 1975 The actual intent of the reference to the City codes and specifications was discussed further. The members then discussed the actual structure and it meet- ing engineering approval. Chairman Kelly read Mr. Wurth's eomments regarding the structure from the previous minutes. The members discussed the necessity of a registered struc- tural engineer sealing the plans, the City being held liable, actual facts regarding the manufacture, safety of the installa- tion, the possibility of setting a precedent with requiring an engineer's seal, inclusion in the code regarding things of this nature coming before the Board for individual con- sideration, etc. Chairman Kelly stated he would discuss this w~th Mr. Bushnell, ~. Simon and Mr. Smoot on Thmrsday morning. Mrs. Huckle read the code and pointed out how it was allowed except for the height. She also read the definition for ~'building~. ~. Rossi pointed out that there was a differ- once between building and structure and suggested that se~ua- rate definitions be given. Mr. Bushnell infor~ed him that Mr. Smoot was making written inserts throughout the book. Mrs. Huckle again referred to the height limitatiom ~nd this was discussed in detail. Mr. Rossi again referred to meeting City cedes and specifica- tions and this was discussed further~ Mr. Ryder suggeste~ having Mr. Wurth get a registered engineer certify the struc- tural safety and seal the plan and also advise the neighbors that there i~ no such thing as City specifications. The members discussed this suggestion. The members discussed the safety of the structure and possible hurricane damage. Mrs° Nuckle made a motion that this item be tabled and have Chairman Kelly refer the whole question and all its facets to the City Attorney when he meets with him on Thursday and report this information~ to the Board. Col. Trauger seconded the motion. Under discussion, Mrs. Huckle clarified there were three things to be determined: interpretation as to the specifications reference in the letters, requirement of a seal and height limitation. Motion carried 5-0. OTHER Mr. Ryder referred to Chairman Kelly's memo and questioned their action. Chairman Kelly informed him that upon issu- ance of the August 20 memo addressed to the City ~nager following the second meeting between Mr. Simon, Mr. Smoot, Mr. Bushnell and himself, and prior to the receipt by the other me~ers of the contents of this memo, he po~ the members and everybody approved, except Mrs. Castello who was ~n vacation and ~ua~ailable. MINUTES PLANN~G & ZONING BOARD PAGE SIX ~ AUGUST 26, 1975 ~DJOURNMENT Col. Trauger made a motion to adjourn, seconded by Mrs. Huckle. Metion carried 5-0 and the meeting was properly mdjourned at 10~18 P. M. AGENDA Regular Planning and Zoning Meeting. Time: 7:30 p.M. Date: August 26, 1975 Place:city Hall, Coudcil Chambers 1. Acknowledgement of members and visitors 2. Reading and approving of minutes. S. Announcements: 4. Old Business: 5. New Business: ao Alley abandonment and easement taking for C.W. Shelton, ll5 S. Seacrest Boulevard Boynton Beach, FL 33435