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Minutes 08-12-75MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 12, 1975 AT 7:30 P. M. PRESENT_ Joseph T. Eelly, Chairman Mrs. Marilyn Huckle Enrico Rossi Oris Walker Simon Ryder Warren Bushnell, Acting Bldg. Official James Smoot, Consultant ABSENT Walter M. Trauger, Vice Chmano (Excused) Mrs. Vicki Castello (Excused) GhairmanKelly called the meeting to order at 7:36 P. M. and welcomed the ladies and gentlemen present to the first 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 two members of the Board were unable to attend, Col. Trauger was on vacation and Mrs. Castello wasn't feeling well this evening. He acknowledgedthe presence of 14 people in the audience, including Mr. Fred Kostner, the Chairman of the 1974 Planning & Zoning Board. MINUTES The Minutes of July 19 amd July 22 were read. Mrs. Huckle moved to approve the minutes of the workshop meeting of July 19, 1975, and the regular and workshop meetings of July 22, 1975, as submitted. Mr. Ryder seconded the motion. Motion carried 4-0, wi~h Mr. Walker abstaining since he was not pre- sent at these meetings. C ORRES PONDENCE Chairman Kelly referred to his memo dated July 23, 1975, to the City Manager, Mr. Kohl, and ascertained that each member had received a copy. In reference ~e this, he announced that a Planning Consultant, Mr. James Smoot, had been engaged by the City and is planning to attend this meeting, but has not yet appeared. PUBLIC HEARING - OLD BUSINESS Discussion te correct error in zoning map adopted by Ordi- nance 75-19 with respect to the following described proper- ties located within the limits of said City, Palm Beach County: MINUTES PLANNING & ZONING BOARD PAGE TWO AUGUST 12, 1975 BLOCK C, BOYNTON HILLS Lots 123 and 124~ Lots 126 thru 129 inclusive, Lets 135 thru 138 inclusive Lots 140 thru 144 inclusive Lots 148, 149 smd the East Half of Lot 150 Lot 1 92 BLOCK D, BOYNTON HILLS East 25~68 ft. of Lot 140 Lots 141 thru 144 inclusive Lots 148 thru 151 inclusive REQUEST - R-IA to R-3 BLOCK C, BOYNTON HILLS Lots 130 thru I34 inclusive Lots 145 thru 147 inclusive REQUEST- C-2 to R-3 The abandoned Rights of Way formerly described as N. W. 7th Court and N. W. 7th Avenue lying between Seacrest Boulevard and N. W. Ist Street REQUEST- R-3 All the above recorded in Plat Book 4, Page 51, Palm Beach County Records Applic~at - City of BoyntonBeach Chairman Kelly ascertained that each member had a copy of the map and H~s. Padgett's memo to Mr.. Bushnell outlining the en- closures. He explained that there was a technical question here with reference to the Seacrest Plaza project where an error was made in the final issue of the zoning map. This w. as reviewed by the Board on April 9, 1974, and recommended to the City Council ~animously on a 7-0 vote. Ne then read correspondence from Mr. Kohl to Mr. Leonard Smith in refer- ence to correcting this error. He showed the map to the people in the audience and pointed out the area marked in red which should have been sho~m as R-3. He added that this was ap- proved by the Planning & Zoning Board and City Council previ- ously. It is not a question of changing any zoning, as it was approved as R-3 zoning. The purpose tonight is to recom- mend the map be changed as it was intended to be. It has bee~ a long desired project as far as the City Council is concerned. He has attended all the City Council meetings and doesn,t remember anyone opposing it. Chairman Kelly asked if anyone present desired to speak either in favor or objection to this application and re- ceived no response. Mr. ~yder moved to recommend to the City Council the change of the zoning map, per the legal description above, to in- clude the Seacrest Plaza in R-3 and move the line as neces- sary. Mr. ~alker seconded and the motion was carried 5-0. MZNUTES PLA~NG & ZONING BOARD PAGE THREE AUGUST 12, t 975 C ORRES PONDENCE Chairman Kelly read a memo dated July 29 from Mr. Kohl to Mr. Simon referring to recommendations given by Mr. Kelly pertaining to Ordinance 75-19, after he ascertained that none of the members had received a copy. He then read his memo dated July 28 outlining the recommendations. He added that ~i~of the members agreed with his recommenda- tions, but he was unable to reach Mr. Rossi. Mr. Rossi stated he did not entirely concur with the recom- mendations. He didn't think it was their intent to grand- father all the platted areas, commercial, industrial, etc. He disagreed with this one paragraph referring to this. He cannot go along with grand~athering in all the platted lets. He believes this is undoing all that they have done. Chair- man Kelly disagreed. He referred to having consulted with various people in the City and their reaching frustration with getting no answers. Mr. Rossi continued that they must find out how they can overcome the problem that was caused by adopting these new regulations. He did not thimks they were going to include all areas. He does not thi~ they should sho~g~ the whole thing. Chairman Kelly referred to the few zones they discussed in response to people objecting. He stated that following their July 2_2 meeting, Mr. Rossi, Mr. Ryder and he met with the City Nanager and requested his assistance in getting the service of a professional planner, He then acknowledged the presence of Mr. Smoot in the audience and asked him to join the Board and introduced him to the members. Mr. Rossi then explained for Mr. Smoot that he thought he ha~ been considered and was now present as a consultant was because of the problems of the new regulations as th~affect the platted areas with fences, lots, structures, etc. being non-conforming. These things started to build up from dif- ferent areas in the City. They found this was quite wide spread in different zones. They tried to focu~ in on the problem and tried to alleviate some of the hardships. He still would like to use the surgical approach instea~ of massive~ There are large areas with these restrictions. They must determine if there is a vehicle available to allow ~he development to continue and still try to come up with the intent of the regulations. Ne then asked for Mr. Smoot's comments. Mr. Smoot advised them that he had read the minutes from the meetings of July !9 and 22. He informed the Board that the City Manager had called him and asked him to assist the Board in the problem on non-conforming lots. The difficulty MiN~JTES PLANNING & ZONING BOARD PAGE FOUR AUGUST 12, 1 975 apparently was rather extensive. He has read the code four times. There are no provisions at all for non-conforming use, lot nor structures. There is no mention, no definition, no anything in this code in reference to this. However, in a previous draft of the cede on Page 44, Section 10, there is a rather extensive outline of this. He thint~ this i~ a rather extensive and comprehensive review of the subject. Essentially, have no relief pro¢~ess. The b~rden and guilt is put ~n the applicant. There is no relief now u~til they adopt some mechanism. Mrs. Huckle informed him that this whole section was deleted and Chairman Kelly added that the Plan~ing & Zoning Board did not have to do with the final review of the Board of Adjust- section. Mr. Smoot continued that he had also found other discrepan- cies in the code. There are no procedures for re-zoning. He explained this a~d pointed out it was a serious deficiency, so mmch as to question the authenticity of the code. He referred to planning and development of a PUD and pointed out there were no provisions in the code for a P~D. Mr. Bushnell informed him that the PUD was covered by another ordinance. Mr. Smoot stated that it was not in the new zoning code and it should Be corrected if there are other ordinances. If there are other ordinances, he thinks, it is ethically correct to include them in the zoning code instead of having ordi- nances scattered all over the place. He continued and re- ferred to the mention of the term "cluster" and cluster is not defined. There is a section in the BOard of Adjustment for special exceptions and the Board of Adjustment is not authorized By Florida Statutes to grant special exceptions in any way and can only grant variances.. Chairman Kelly agreed that things had been excluded, as it had been prepared in a big rush. Mr. Smoot continue~ that he had a whole flock of comments page by page through the code, but these were the major ones. Mr. Smoot then referred to Mr. Rossi's statement and ques- tioned~twas a platted lot? What do they do with platted lots not recorded? Essentially he agrees with Chairman Kelly,s memo to Mr. Kohl, But thinks there are problems of definitions. He thinks they should talk about just what is a lot. Mr. Rossi stated he was trying to provide some kind of approach to the problems which have developed. Mr. Rossi asked Mr. Smoot what he thought about the period of three years? N~. Smoot replies that he thought three years was an adequate period of time considering the unique situa- tion they are in now. However, there may Be a legal question regarding the right to build a single family house. MINUTES PLANNING & ZONING BOARD PAGE FIVE AUGUST 12, 1975 Chairman Kelly informed the members that the City Manager sent another ~memo to the City Attorney last Friday advising him of the fact that he had consulted with the City Council members and this was to be put on the agenda for the next City Council meeting and he implored the City Attorney to have an answer at that time. ~. Ryder stated he thought the intent was after they received the City Attorney's opinion, they would make a recommendation to City Council. Chairman Kelly stated they have not been able to get an a~swer from the City Attorney and in handling it this way, hopefully they will. Mr. Bushnell re~ferred to this being a matter of tem- porary relief an~ asked if Mr. Smoot could enlighten them as to how they could give relieft quickly. Mr. Smoot referred to nob-conformity and stated unless there was another ordinance providing for non-conformity, they could not get quick relief. He agreed they needed answers from the City Attorney and he had also called him four times and left messages, but got no response. Mr. Smoot continued with referring to the other deficiencies and how they were far more serious. He suggested they try to structure a re-zoning procedure. Mr. Rossi stated that there may be ordinances covering this and he suggested that it would be good te put them altogether. ~. Smoot continued that the ordinance should state what is required for a re- zoning application and he explained. He referred to a little sectio~ under Supplemental Regmlations and pointed out that it didn't state for what. He referred to the mentio~ of special exceptions and how they didn't even have them. He referred to Pages 42 and 43 and not knowing what the site plan was for. He pointed out that some house cleaning m~st be done in this cede and it must be spelled out clearly for the public. Mr. Rossi referred to the pressing problem being right now that the Building Department was stymied. They cannot heno~ applications for permits ~ecause of what has happened. They must take this into account. Mr. Smoot agreed that every lot which is non-conforming or substandard is stuc~less the City Attorney tells them that the previous code does hold. There is relief. However, if this is not true, the Building Department has no relief. Mr. Bushnell advised them that he has contacted the City Attorney several times, but has not gotten a reply. Mr. Smoot referred to a previ- ous draft and how non-conforming was covered very adequately and provided the answers. He added that apparently it was reviewed and somehow did not get into the new one. Mrs. Huckle informed him theft it was taken out of the Board's hands and they do not know what happened to the Board of Adjustment section. MINUTF~ PLANNING & ZONING BOA~ PAGE SIX AUGUST 12, 1975 Mr. Smoot referred to the Board annexing a PUD and actually not having the authority a~d no way to govern it. Mrs. Huckle informed him that a PU~was included in one of the first drafts. Mr. Rossi stated that he had the PUD ordinance. Mrs. Huckle pointed out that it was not part of the zoning book. Mr. Smoot stated that a PUD is zoning and should he included i~ the ze~ng regulations. This is the Body of law governing land use regulations and a PUD must be included. By virtue of mot Being included, it is voided. Mr. Bushnell informed him that reference was made in Ordinance 75-t9 and it is still valid. The conditions still stand. Mr. Smoot replied that if they were going to have azoning code, every- thing relating to zoning should be included. Mrs. Huckle informed him that many ef these things cam~ up and they took the advice of Mr. ~rett that it need not be included, since it was included in Other ordinances. They did not even thi~k this ordinance would cancel out the existing other ordinances. They keep finding more things they have dropped out without having cancelled. Mr. Smoot pointed out that if they were in order, they will still be in a bind with having nothing to govern them. Chair~Eelly referred to the Table of Con- tents, Section 9, 35 and 37, and pointed out that it still lacked the tee. for enforcement. Mr. Smoot informed them that enforcement was generally at the end of the code. He stated he would l~ke to have all the ordinances relating to land use and zon~ including the new current valid ordi- nances available rel to zoning such as swimming pools, fences, etc. Chairman Kelly state~ he would obtain these for him~ Mrs. Huckle ad~ed that Mr. Simon could tell them whether this code cancelled the existing ordinances. Mr. Smoot read the reference to repealing those ordinance in conflict and Mrs. Huckle replied that all were not in conflict. Mr. Smoot questioned the procedure of authorizing a PUD and Mr. Rossi gave him the ordinance to read. ~s. Henry Gie~vaun~ stated her name and her address as 300 S. N. 12th Avenue. Ehe referred to having a lot which does not conf~rm and wanting to enclose a porch and questioned where she now stands. Mr. 8moot informed her that until they heard from the City Attorney, she was stuck. Chairman Kelly added that they were trying to get this straightened out. Mr. Smoot agreed that the Board had made ~mendous efforts to solve this and he was called in By the City Manager to provide a solution, but unfortunately, the problem is much larger. ~s. questioned how long this was going to take? Chairman Kelly informed her that Mr. Smoot was the first professional man to assist the Board. They hope to make progress now. They hope to find a solution very shortly. MINUTES PLANNING ~& ZONING BOARD PAGE SEVEN AUGUST 12, 1 975 Mr. Richard Decker appeared before the Board smd referred to Mr. Smoot's statement that there was a court ruling that the Board of Adjustment could not make a special exception and he asked him to please define this. Mr. Smoot informed him that it was a use generally permitted in~ a zone such as churches, ba~ks, large apartments, etc., but they refer to the intensity ef the use and he explained. It is not sub- Jective, but an objective study done nationally. These uses are subject to public hearings and if certai~ facts are made by the Planning & Zoning Board or City Council, they may be permitted. OLD B§S INESS Mr. Bushnell referred to the request to abandon an alley from Mr. Shelton. He reported that to date, he has not had an answer from the City Attorney in reference to this. Mr. Ryder questioned if Mr. Shelton was supposed to submit a survey and ~.~. Bushnell informed him that he did. Ne con- tinued that it was a technical matter whether it was legal or proper to abandon this alley with the easements. He is still'waiting for an answer from the City Attorney. NEW BUSINESS Review of Pla~s for Sewage Plant Addition - Offices, Labora- tory sad Maint. e. nance Shop. 551 N. W. 14th Avenue. L Mr. Bushnell showed the plans and explained that it was a new addition, single story building, consisting of one office, one laboratory and one maintenance shop. There is adequate parking and it has been approved by the T.R.B. The members studied the plans and discussed the location. Mr. Bushnell pointed out what was existing and what was planned. Mr. Walker made a motion to recommend approval of the prelimi- nary site plan for the Sewage Plant Additiom inclmding am office, laboratory and maintenance shop located at 551N. W. 14th Avenue. Mrs. Huckle seconded the motion. Motion car- ried 5-0. Mr. Rossi referred to this being a preliminary site plan and questioned if it had to come before the Board again? Mr. B~hnell replied that he often wondered about this as they only see it once. Mr. Rossi stated he believed these site plans were in their final form. Chairman Kelly asked for Mr. Smoot's comments and he replied that he would like to see these things go through one time and be done. The actual procedure and flow through the Boards was discussed. Mr. Smoot told about his experience with the City of Delray Beach and explained their procedure. Mr. Rossi referred to a plat and how it was understandable to require a preliminary MINUTES ~ANNING & ZONING BOARD PAGE EIGHT AUGUST 12, 1975 and final plat. Mr. Smoot clarified that they were talking about site plan versus plat. The members discussed further the actual procedure and flow of material. Mr. Smoot re- quested a copy of this from Mr. Kohl and ChairmamKellyad- vised that he would obtain this. Review ..of Plans for James E. W~ur~h, 6~O CastillaLan~ Mr. Wurth stated his ~ame and his address.and informed the Board that he would like a recommendation from the Board for the City Counc~for the erection of a structure in ex- cess of 25 ft. He wishes to install a wind generator for a portion of his house. Ne showed the Board computations and pictures of what was planned. He added that it would be 45 feet high. Chairman Kelly remarked that he thought it was unfair to ask the Board to read this presentation on such short notice.. Mr. Ryder asked the current limitation and Mr. Bushnell in- formed him it was 25 feet in R-1AA and referred to the sec- tion pertaining to towers on Page 14, Section 4, F-2. Mr. Rossi stated the only thing he remembered coming before this Board of a similar nature was when a man requested a steeple. Mr. Rossi questioned if it fe~l into the same definition and .Mr. Bushnell replied that it did fall into this category ac- cording to the City Clerk. Mr. Smoot informed them that generally codes relating to this state that height limita- tions are not applicable to water cooling towers, etc. and really there is no requirement to go through the Planning & Zoning Board and City Council. He referred to the proce- dure stated ~1 added that he was not in. total agreement with all the items listed. Most of the items would fall into the category of being able to build. Mrs. Huckle stated she thought they should consider that when they look over uses allowed in residential zones, they have been a little restrictive as to what is allowed. She re- ferred to the uses permitted listed on Page 16. She con- tinued that they must consider the height approach of what is allowed in residential zoning and a use not specifically spelled out. Mr. Smoot pointed out that R-1AAdid not per- mit a television.tower, b. ut did permit a chimuey. They are forcing the applicant through this procedure. Mr. Ryder referred to the impact on the surrounding area and notifying people within 300 feet. Mr. Smoot stated that generally height was not a consideration, But the use. Ne gave examples of televisionand radio towers with high volt- age. He suggested adding paragraph3 to the code to dis- cuss those particular uses not required to go through this particular process. He added that most of the uses which MINUTES ~ANNING & ZONING BOARD PAGE NINE AUGUST 12, 1975 are going to occur are in commercial zones which are men- tioned. Mr. Ryder pointed emt that this request was in a residential zone. Mrs. Huckle asked if it was allowable in R-1AA? Mr. Rossi referred to the plan and stated it appe~ared he was going to store energy and use it for some purpose. He ques- tioned if he would be encroaching on Florida Power & Light? Mr. Wurth replied: no. Mr. Smoot referred to a television antenna being of the same structure. ~ir. W~rth agreed that it could be objective and this is one of the primary thoughts he had in mind. He explained the exact ~tructure planned. Chairmam Kelly asked about the structure supporting it and Mr. Wu~th replied that normally they use steel towers, but being in a residential area, he would like to use a tele- phone pole stud the same as are all through the area. He plans to place it on his adjoining lot behind trees amd none of the neighbors on the far side of the canal will see it. He has talked to the people who will see it and they have stated no objectiom. He feels this won't be a distrac- tion, but it will be different. In the future, there may be more people who might do this. He thinks it is a step in the right direction. If more people would do this, they might be better off. He has installed a solar water heater, which is quite satisfactory. Mr. Rossi referred to having certain circuits within the house to utilize the e~ergy from this wi~ll amd Mr. W~rth agreed this was correct and explained the plans further. He added that any of the heavy draw items would be taken care of Mr. Ryder asked if he was going to fence this area and Mr. Wurth replied: no, since he didn,t believe anyone would get into trouble unless they could climb a40 ft. pole. Unless a fellow fell out of an airplanes on it, he deesn,t see how anyone would get up there. He added that the machine was designed to withstand hurricane force winds. The one he bought has been in service for 25 years in Aberdeen, South Dakota. Mr. Rossi asked if it would have guy wires and ~. Wurth replied: yes, as a safety consideration. Mrs. Huckle ~uestioned the weight of the unit and Mr. Wurth informed her it was abomt 600 lbs. Mr. Rossi asked what would happen if there wasn't much wind one day to supply the electricity and Mm. Wurth replied that he would rum a long extension cord. He added that people have talked to him about the power situ- ation, etc. amd he doesn,t believe FPL is going to like this. The battery bank can store power for abomt four days. Mr. Rossi asked the wattage output and Mr. ~rth informed him it would be 3,000 wattage. He added that he planned to run part of his household from it, the low draw items. Most of his circuits will be DC with only a few outlets being AC. MINUTES PLANNING & ZONING BOARD PAGE TEN AUGUST 12, 1975 ~. Rossi questioned the anticipated cost of the installa- tion and Mr. Wurth replied that he really couldn't jUtify it, but it would be about $2,500 doing it himself with a used wit. A new u~it would be $6,000.~ Mr. Rossi asked the physical size of this on top of the pole and formed him that the generator was not qUite 2 ft. in dia- meter and the pro_~ller is 14 ft. in diameter. He added that the diameter of the blade had to do with the amount of power'and this will have three blades. Mrs. Huckle questioned who would inspect the final process to make sure the blades wouldn,t fly off, etc.? Mr. Bushnell informed her that the electrical inspector would i~spect it. Ghairman Kelly ~mestioned the weight and Mr. W~rth i~formed him that the blades were light, a 7 ft. Diece of wood about 1" x ~'~. They are quite light and quite efficient If the ~lade would fly elf, it would probably flutter off~ It is a slew r.p.m, and wouldn't have much energy behin~ it. Mr. Bushnell pointed out that with using a pole rather than a tower, he didn't think it would create a nuisance to children. Mr. Rossi added that it was relatively new, ~ut he ~elieved with the rates of FPL, many people will a~k where he got it. He added that they must consider aesthetics and structure integrity. He suggested that some strmcture engineer shomld pro~ably seal the plans with certain safety factors. Mr. Bushnell informed him that the calculations have been presented and accepted. Mr. W~urth informed them that there never has been a recorded case of having a prop l~st on this particular unit. It has stood up in the North Pole, in all kinds of blizzards, etc. and the blades have never come off. Mr. Rossi referred to hurric~e winds and the oossiBility of having it frozen in position when he was no~ there. Mr. W~urth stated he could see no way the mechanism comld be frozen and he explained. Mr. Rossi disagreed stating it was a mechanism and could break. Mr. Wurth informed him that these things are still mp and still spinning since 1920. Mr. Rossi pointed out that they have been used i~ rural areas and not next to homes. Mr. W~rth explained that the ca~al was in the rear a~d he owned the lo~t next door. If it was to fall, it would ~all o~ his house or in the street. He can never see how it would fall down though.. This is a proven unit. Thousands have ~een sold. Mr. Smoot asked how he intended to service this ~it? Mr. W-~u~th replied as far as service, the ~emrimgs are self-lub- ricated and don.'t need to be service~ for the first 25 years. The only other thing that could happen is possibly one of the blades may be damaged and he would have to go ~pand change MINUTES PLANNING & ZONING BOARD PAGE ELEVEN AUGUST 12, 1975 the blade. Mr. Smoot asked if it would be feasible to remove the propeller if high winds occurred? Mr. W~rth explained there was a line from the tail mech~sm which you ca~ pull and it pulls the tail crosswise to the propeller a~d it can be locked. If he were to leave on vacation, he would just pull the tail vane and it would never t~rn. This is an added backup protection on these units. It is well protected in this manner. Mrs. Huckle stated as a neighbor, she has no objection. How- ever, her concern is solely whether it meets the code. She just wonders whether they are allowed to allow this. She is a little foggy abomt whether this is allowable. Mr. Smoo$ referred to accessory use in the code. Chairman Kelly added that churches are permitted in R-1AA and are allowed to have steeples. Mr. Smoot stated that they must go back to tele- vision antennas and they may have to define every use which could be ~uck on the end of a pole or tower. He thinks it is within the discretion of this Board to make a recommenda- tion to City Comncil. In the cause of ecology, he thinks this is an interesting solution. He thinks they can authorize it as an a$cessory use or accessory structure. The members discussed further whether it was clearly allowed and how it might set a precedent. Mr. Wurth informed the Beard that he was making this request as he wants it fair and square. He wants to do it from the legal standpoint. His neighbors do not object. Mr. Rossi explained that this application needed special treatment being in a residential area, but added that he has gotten the neighbors, approval. Mrs. Huckle stated she was in agreement with going along with this if it meets the code. However, she referred to other people stating they had got- ten their neighbors, approval, bmt did not have verification. All the neighbors have not been notified about this. Mr. Bushnell informed her that according to the City Clerk, it was not required for this. Mrs. Huckle continued that she did know Mr. Wurth had talked to everyone in the ~eighbor- ~ hood and ~he doesn,t believe there is a problem with this. However, she doesn,t believe it is valid according to the applicant,s statement. Mr. Smoot asked if he could obtain a petition between now and the City Council meeting if this Board approved? Mr. Ryder stated that his objection was that it was in a residential district. He agreed that per- haps with people stating they didn't object would have some validity. He commends the reason for this, but questions whether they are setting a precedent- Mr. Wurth clarified ~ that what Mr. Ryder was ~ayi~g was unless he lived om a farm, he should not do it. He pointed out that they didn't want a~y changes made. stiffling progress. He chose to live in a nice ood a~ud believes he should be able to be self-sufficient. He doesn,t believe he should MINUTES PLA~ING & ZONING BOARD PAGE ~ELVE AUGUST 12, 1975 be limited. ~. Ryder informed him that he lives in an area with a lot of restrictions and because of these restrictions, they have a nice appearing community. Mrs. Huckle added that there were also restrictive deed restrictions dm this area. Chairman Kelly stated he thought if Mr. ~urth obtained per- mission from his neighbors, it would be helpful. Mr. Rossi referred to FPL poles in the area and asked what would happen if this fell on one of their poles? Mro W~rth informed him that it would not fall on any. He has talked to their field representative. Mrs. Huckle asked how far back from the seawall it would be and Mr. Wurth replied: 18 feet. ~. Smoot asked if there was overhead power in this subdivision and Mr. W~rth replied: yes and the poles are about 45 ft. tall and this will be just about the same. Mr. Smoot added that there wasn't a great deal of differen~be- tween a telephone pole with a transformer and a propeller. Mrs. Huckle asked if they thought they should get the neigh- bors' petition. Mr. Walker stated he thought it should be the normal procedure. ~s. H~ckle questioned if he meant for the City Clerk to make out ~otices? Mr. ~rth stated this would put an unfair burden on the City. Mr. Ryder suggested considering tabling this so the applicant could get a signed petition or indicatio~ the neighbors don't object without a~y commitment at this time and it will also give ~hem some time to thi~k about it. Mrs. ~Huekle added that it also was not on the agenda. Chairman Kelly agreed that they did not could come back. ~. WUrth agreed. Mr. Rossi state~ he thought they should possibly make something specific ~oout distance away from the property line. They must establish somehow or other those properties which are involved. Chairman Kelly pointed ou~ this could be done with an ordi- nary City map. Mr. Rossi suggested the City Clerk could prepare the names or Mr. Wurth could show a plat showing the people contacted. Mr. Ryder remarked that he preferred the latter. Mr. Rossi suggested they get the City Engineer to state this is acceptable. He suggests that Mr. Wurth meet with the City Engineer and go over this with him. Mr. Smoot suggested that he meet with a structural engineer. M~. ~u~th informed them that very few people know about these things who have not gone into a lot of study and research. Ne has done all these calculations and consulted with the Building Department and doesn't see the need for all these figures. Mr. Rossi disagreed and referred to engineers stamping and approving all plans. Mr. Wu~th stated that if the City makesit so difficult for an applicant to do this, nobody will do it. MINUTES PLA/~'~G & ZONING BOARD PAGE THIRTEEN AUGUST 12, 1975 He mounted a solar water heater and went to the City and asked for recommendations. He did not have to go through any calculations to do this. He explained the structure of the heater. Anengineer can see by looking at it that it is structurally so~d and he did not have to go through all these calculations. Mr. Smoot advised him that if the City permitted something, the City can be held liable. He agrees with Mr. Rossi that some sort of engineering seal should be on this. The City could go back to the engineer who mealed it. He added that the pole~could have been erected without a building permit, But they must consider what goes on top of it. If it was within the height limit, he wouldn't be here. Mr. Wurth could have done this anyhow without the City Council even hearing about it. However, he is honest and wanted to apprise us of what is going on. Chairman Kelly stated he didn't see any problem with getting an engi- neer,s Stamp and Mr. Mr. Bushnell pointed out that he had all the and he was totally sat- isfied with them. Mr. Ryder asked what material the guys wo~d be made out of and Mr. Wurth informed him it would be steel whichhhe will buy from FPL and will last 20 years. He is just putting on the guys as an extra safety factor. Mr. Rossi stated there were many factors involved in the design and he referred to a~choring it down, etc. H~ever, apparently the City feels the calculations meet with their approval and Mr. Bushnell agreed. Mr. Rossi remarked that there must be some point in time when somebody has to review it and stamp it. Mr. Bushnell informed him that he has to sign the permit. Mr. Rossi referred to a commercial tower 100 feet high and asked who calculated the wind loads and Mr. W~.rth informed him that the people who constructed the tower determined this. Mr. Bushnell added that he had the ability and right to do this. If he is satisfied, the City is slatisfied. However, Mr. W,~rth is concerned about his neighbors. He comld issue the permit, but Mr. Wurth appeared because h~ wante~ to. Chair- man Kelly clarified that in effect, there were no calculated risks and Mr. W~rth agreed. He added that if it fell, it would fall on his house. He tried to do it as right as he could. ~. Bushnell added that they could get a seal for it from a structural engineer. F~. WUrth asked if it would be pe~missable for him to contact the people only who would see it? ~f he drew a 400 ft. circle, there will be people who won't even see it. This would be easier for him, than to talk to people he hardly knows and they wouldn't even know what they were signing. He has thor- oughly apprised everyone in contact with it and he knows he comld get their signatures very easily. He thinks it would be MINUTES PLANNING & ZONING BOARD PA~z FOURTEEN AUGUST 12, 1975 difficult with not knowing the others. ~. ~Ryder suggested submitting a sketch indicating where the people lived. Mr. Smoot added that it could be indicated by a map with lot numbers. Mr. W~urth stated he would get signatures of appro- val from his neighbors and designate where they are in refer- ence to him. ~. Bushnell added that they would give him a copy of this section of the map. Mr. Wu~rth asked if he would have to come back again or just submit the petition, as he does not know if he will be in town in two weeks~ Mr. Ryder moved that this matter be tabled until the next regular meeting of the Beard with the understanding in the meantime, the applicant will furnish evidence to the effect that his neighbors have no objection to the installation of this device. Mrs. Huckle seconded the motion~ Motion car- ried 5-0. OTHER ~hairman Kelly referred to the time being 10:06 P. M. and possibl~ being too late to go into a workshop session. He suggested a possible four ho~~ workshop session on Sat~rday. ~ro Smoot stated that he enjoyed sitting with the Board. Whi~e he was hired te look at the code, he doesn't believe Mr. Kohl wanted him to sit here and advise on all zoning matters. He suggested going into the code at the end of the agenda of a regular meeting, Mr. Ryder informed him that the workshop session would only be a discussion of the code. Mr. Smoot questioned what they would discuss and Chairman Kelly informed him that they would discuss what was wrong with the regulations and what could be done. Mr. Ryder added that it must be done soon with the pressures on everyone. M~. Smoot stated there were two very big problems with non-conforming and lack of re-zoning. He suggested discussing the non-conforming section of the old draft and devoting two hours for discussion of it and coming to a con- clusion ~ewing what and how it is going to be grandfathered. Then, the next two hours, they should ta~ about re-zoning. Chairman Kelly referred to there being a moratorium on re- zoning and there not being as m~ch of a hurry for this. Mr. Smoot referred to the Rinker case and the possibility of them coming back and the need for a re-zoning Droced~re. They shoed solve this problem now rather than having to go through court. Chairman Kelly announced they would have a workshop meeting o~ Saturday afternoon, August 16, at 1:00 P. M. MINUTES PLANNING & ZONING BOARD PAGE FIFTEEN AUGUST 12, 1 975 ~. Rossi asked Mr. Smoot if he would have a chance to read all these ordinances by Saturday? Mr. Smoot replied that he must have two days to read these things and would like Simon's response. Chairman Kelly informed him that Mr. Simon was supposed to speak at the City Council meeting on Tuesday., H.e added that he would see Mr. Kohl and Mrs. Padgett tomorrow morning to obtain the ordinances. .~. Ryder added that they must determine if they are in conflict, superseded, etc. Mr. Smoot agreed that he must have anything referring Go zones. He would also like a copy of the municipal code, charter, etc. Chairman Kelly stated he would take care of this. ~JOURNMENT Mrs. Huckle made a motion to adjourn, seconded by Mr. Walker. Motion carried 5-0 and the meeting was properly adjourned at 10:15 P. M.