Loading...
MInutes 02-26-74MINUTES OF THE PLANNING & ZONING BOARD MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, FEBRUARY 26, 1974 AT 7:30 P. M. PRESENT Fred J. Kostner, Chairman Joseph Kelly, Vice Chairman L. R. Blacketer Mrs° Marilyn Huckle Mrs. Emily Jac¥~on Walter M. Trauger Jack Aitken, Bldg. Dept. Vera Lewis, Bldg. Dept. ABSENT Otis Walker NOTE - See Supplement of February 28~ 1974 a~tached hereto Chairman Kostner called the meeting to order at 7:35 P.M. He introduced the Members of the Board and the Building Department. He announced there was quite a lot of business at hand and he hoped it could be handled expeditiously. Chairman Kostner announced that approval of minutes from the previous qu~mter must be taken care of first. These minutes were held in abeyance because the members of the previous board have not yet made up a quorum and now it is February. The Chair will enumerate the minutes and ask the previous members to question the Minutes of December 21. Next, the Minutes of November 27, there is a question on these minutes that ! will take up at a later time. I have some correspon- dence from the City Manager and I will held these in abey- ance. I believe those two are the only ones. If there are no questions, the Chair will herewith order them approved, by the reasons as outlined prior. Next, we have minutes which are under consideration by the entire Board starting with January 16. Mrs. Jack, on stated that these minutes were approved at the January 22 meeting. The Minutes of January 22, 1974 were read. Mrs. Jack, on stated she had two corrections to be made. First, she re- ferred to Page 3, about 16 lines up, where Durkin Associates was mentioned and that should be Gerald Dake & .Associates. She then referred to Page 8, about 12 lines down under Inlet Harbor Group, where I said the people requested that it should not be changed to single family dwelling, but should be kept at single family dwelling. Rather than this changed to, this area should be kept. Chairman Kostner stated the word "change" should be deleted and add "this area should be kept". Mr. Kelly made a motion that the Minutes of January 22 be accepted as corrected and Mr. Blacketer seconded the motion. Motion carried 5-I, with Mrs. Huckle abstaining from voting, since she was not present at this meeting. MINUTES ~NNING & ZON~G BOARD ~ETING PAGE ~O FEBRUARY 26, 1 974 The Minutes of the Work~hop Meeting of January 24 were read.~ Mrs. Huc~e referred to the middle of the main paragraph where it says "east" of 1-95 in reference to the Comwell Corporation, I thought it was west of 1-95. Chairman Kostner agreed that she was correct. ~s. Jackson made a motion that the Minutes of January 24, 1974 be accepted as corrected and it was seconded by Mr. Kelly. Motion carried 6-0.. Chairman Kostner asked the records to show that the regular meeting of the Planning & Zoning Board on February 11 was dispensed with as there was nothing on the agenda to be dis- cussed. Mrs. Jackson questioned if such a thing should hap- pen again, wouldn't it be a good idea to meet ~uyhow since~ we have the map to work on? Chairman Kostner asked the Board's reaction to this. This was supposed to be a regular meeting, but. i suppose we could change it to a workshop meeting, t would be happy to cooperate. This notice came quite late and it might be difficult to get them together on short notice. ~s. Jackson replied that the evening is left open, so we may as well meet. ~s. Huckle stated she was in agreement with Mrs. Jackson, adding that the regular meeting dates should be used. ~. Kelly suggested that if there was not enough on the agenda, please phone and I agree as we do have a lot of work to do. ¥~. Blacketer stated he was in agreement. Chairman Kostner stated he would be glad to do this. Chairman Kostner announced the first application to be con- sidered was from Julian Patrick regarding an addition to prop- erty at $.E. ~Sth Avenue and S.E. 1st Street. ~nis addition is to be to the rear of the building. ~. Patrick appeared before the Board and the Members con- sulted the plans. Mrs. Jackson stated she P~ew this was be- fore the Board of Adjustment and questioned whether he had received an unanimous vote in favor of this application. Mr. Patrick ass~ed her that he had. Chairman Kostner asked if this had gotten the approval of the Police Department and Technical Review Board and Mr. Patrick replied: yes. ~. Patrick then explained the plans showing the existing build- ing ~d the proposed addition. ~s. Jackson asked if the Board of Adjustment had given permission not to have the proper number iof parking spaces? Mr. Patrick replied: No, we went before the Board of Adjustment because the proper setback is non-conforming in the front. There was a problem with paring, but we straightened it out and had it approved by the Police iDepartment. MIT~UTES PLA~Y~ING & ZONING BOARD MEETING PAGE THREE FEBRUARY 26, 1974 Chairman Kostner requested that the records show that the plans for the addition of the Julian Patrick Property' at S.E. 15th Avenue and S.E. 1st Street that consists of an addition to the rear of the building has been viewed and the Chair will entertain comments at this time. Mr. Kelly stated that everything seemed to be in order. Mr. Kelly made a motion that this Board recommend to the City Council the approval of Mr. Patrick's site plan and it was seconded by Mr. Trauger. M~. Blacketer pointed out that this would not go before the City Council and the members discmssed the process for proceeding. Mr. Kelly amended his motion stat- ing that the s~x members of this Board present at this meet- ing move for approval of Mr. Patrick's site plan for it to proceed to whichever board it goes to next. Mrs. Jackson seconded the motion. Motion carried 6-0. Parcel #1 - Consider abandonment of the West 75 feet of the Easement for Public Utilities lying between Lots 24, 25 a_~d 26, 27, Block 5, Lake Boynton Estates, Plat 1, Recorded in Plat Book 13, Page 32, Palm Beach County Records. Chairman Kostner read the above notice regarding the applica- tion made by Kneibel Construction. Each member has received a plat and I have indicated the area where these lots are in- volved. This kind of surprised me, because I found three buildings in this area. Mr. Kelly stated that there are four lots involved and there are five buildings. F~s. Jackson said she was sure Mr. Kneib~t could clarify this further and she would like to read the minutes from the Board of Adjust- ment Meetings° Chairman Kostner stated that these four lots were changed into three lots and asked the Members to refer to where he had indicated this. Mrs. Jackson stated she thought she could clarify this after hearing from N~. Kneibel and ! also have the minutes from the Board of Adjustment meetings, which explains why there are five houses. There are three houses facing on the one street. Chairman Kostner questioned if it was correct that actually with the four lots mentioned, we are considering a change to three lots facing N.W. '7th Street? Mrs. Jackson replied: No, there are six lots involved. Ten feet was taken from Lots 24 and 27 and added to Lots 23 and 28. This left 75 feet and this is what we are concerned with. The middle house is right in the middle of the easement. Chairman Kostner stated he had correspondence from the vari- ous departments involved and the various corporations~volved and read the following: PLANNING & ZONING BOARD ~TING PAGE FOUR FEBRUARY 26, 1974 A letter from Southern Bell written to N~s. Padgett dated February 8. Pertaining to the request to aban- don the west 75 feet of the easement for public utili- ties lying between Lots 24, 25 and 26, 27, Block 5, Lake Boynton Estates, Plat 1, Recorded in Plat.Book 13, Page 32, we have no existing facilitieS in this area and have no objections to this abandonment. A letter from Florida Power & Light Company. Regard- ing abandonment of the west 75 feet of the easement for public utilities lying between Lots 24, 25 and 26, 27, Block 5, Lake Boynton Estates, Plat 1, Recorded in Plat Book 13, Page 32, Palm Beach County Records, we have no objection to the abandonment of this utility easement. These are the two utlities involved in reference to the aban- doning of this easement. Chairman Kostner then read the notice the City Clerk sent on January 31 in reference to the abandonment. This same notice was sent to Bob Feltz, Superintendent of the General Services Department, but there was no reply. Mr. Aitken stated that they did receive a reply stating there were no objections from the General Services Department. Chairman Kostner then agreed, after finding he had a copy also. Mrs. Jackson stated she would like to ask ~. Kneibel some questions. We do kuow they have gone through the Board of Adjustment. These lots face on N.W. 1st Avenue and Ocean Avenue. The three houses you say face 7th Street. I have the building permits, two dated November 19 and three dated in August. Do you come to this Board after the house is built? There is something wrong~ I don't know how the Building Department could have granted this, especially when they sat in on the Board of Adjustment meetings. She showed the building permit copies to the other members. I would like to ask Mr. Kneibel a few questions. The middle house is right there on the easement. As you can see from the permits, all five are new houses. They are all signed by Mr. RUbin. Mrs. Huckle asked if the houses were completed and N~so Jackson replied that they were getting close to it. Mr. Blacketer stated that we are not too concerned with the permits, we are mainly concerned with the abandonment. Mr. John P. Kneibel stated his name and his address as 517 IndUstrial Avenue, Boynton Beach. Mrs. Jackson asked him if he knew if the Board of Adjustment had maps like this Board has and was there any mention of the es~ements at that time? Mr. Kneibel replied: No, ! asked for a variance to put the homes back 5 feet. ! took a survey to F~. ~la~k. MINUTES PL~NNING & ZONING BO~D ~ETING PAGE FIVE FEBRUARY 26, 1974 Mr. Martin was supposed to get the abandonment of the ease- ment. ~s. Jackson asked: How come the permits werePissued? Mr. Eneibel replied that they thought Mr. Martin had gotten the abandonment. Mrs. Jackson asked: Did the Board of Ad- justment ~know which way the houses were facing? N~o Kneibel replied: Yes, I Eave them a plot plan. ~s. Jackson stated she would still like to know how this happened. I cannot understand how a permit could have been granted and the house very well along before you come here. This was ~dvertised and you have to come before us and the City Council and the houses will practically be built by then. N~. Kneibel replied that she was right, but Mro Martin was supposed to take care of relieving that easement and when ~ found out this was not done, Z proceeded to do so. I did transfer another there and put in my own water system and sewer line. Chairman Kostner stated that at this time, since the Board has all the signed approvals in respect to easements here, I do not see where the Board can be too involved with N~. Eneibel. The question is the abandonment of the easement. I was quite surprised when I viewed this property and found the three houses. I do have the easements now indicated and they s~e all approved and suggest we can go on from there. Have the Board Members viewed the easements? Mrs. Huckle questioned why the request was for 75 feet of easement? Mr. Kneibel clarified that Florida Power & Light Company kept the back 15 feet of the easement ~nd 10 feet was given to the next lot. M~. Kneibel gave the Chairman a copy of the claim deed. Mrs. Jackson stated that the Members should have all back-up material beforehand and hoped that ~o Barrett would see to this. Mr. Kelly agreed stating that we should have all material required on the agenda. ~I looked at the plat book and there are four lots. Therefore, you could only have four houses in that area. ~ did not know there was supposed to be six lots. Chairman Kostner clari- fied that there ~e three lots now and just two lots are in question. There were four lots, changed to three separate lots. ~. Kelly stated that then there are three lots, 80 x 90, which is legal. Mr. Kneibel added that the Building Department did get most of this matter, but Mrs. Wilhelm did have all this data up to date and I den,t know why you did not have all of this. Chairman Kostner stated that the material should come from the Building Department, but if they do not furnish it, Mrs. Padgett will. Mr. Trauger questioned if the ut~ities were underground? Mr. Kneibel replied that the telephone poles follow the Florida Power & Light. lines. The 10 ft. easement I granted will take care of it. The power line is now on the west MINUTES PLAlfN1/~G & ZONING BOARD ~ETING PAGE SIX FEBRUARY 26, 1974 side of 7th and will terminate. Mrs. HucYle questioned why he granted 10 feet to the City? Mr~ Kneibel replied because they would not take 2'5" under the old ruling and now we have to give 5' on each side of the line. Mr. Blacketer asked if these services were in and Mr. Kneibel replied: yes. Mrs. Jackson stated this is the last week in February, the building permit was granted on November 19 and there were inspections in November, December, January and February and the house is very well along and ! hope this will not hap- pen again. I d~n't think it is fair to the builder, the Planning & Zoning Board and the City Council. Mrs. Huckle questioned if the gas company ha~d to abandon this easement and Mr. Blacketer replied not in that particular area. Chairman Kostner pointed out that the building permit was issued by Mm. Mike Rubin. Chairman Kostner welcomed the attendance of Councilman Strnad and Councilman Harmening. ~. Blacketer made a motion to recommend abandonment of the West 75 feet of the Easement for ~blic Utilities lying be- tween Lots 24, 25, and 26, 27, Block 5, Lake Boynton Estates, Plat 1, Recorded in Plat Book t3, Page 32, Palm Beach Coumty Records. Mr. Kelly seconded the motion. Chairman Kostner stated again that the approval of the easements are~here from the various utility companies. Motion carried 6-0. Mms. Jackson pointed out that at the last meeting we tabled Mr. Stroshine's property and it does not appear on our agenda tonight. Mr. Kelly stated that it probably wasn't ready yet. Chairman Kostner stated that this takes care of the matters on the agenda with respect to Julian Patrick and Kneibel Construction. Chairman Kostner announced there was another matter~he would like.to bring to the Board's attention. I have received a correspondence from ~. Ernest Simon, City Attorney, dated February 22 regarding the matter of Lehigh PortlandCement Company, Circuit Court No. 731623CA (LO1) 567.!7A. Enclosed are three photo ~$mpies of the judgement that has been filed by Lehigh Portland Cement Company and I would like to hear from the Technical Review Board, Planning & Zoning Board s~d Community Appearance Board. Chairman Kostner then read the supplemental complaint in full. Chairman Kostner then stated that the question Mr. Simon has asked this Board to consider and I refer to is the meeting of November 27, 1973. ~. Simon would like to have a certifica- tion from the three boards mentioned in respect to the accur- acy of these allegations, so he may respond to this complaint. MINU~S PLANNl~G & ZONING BOARD ~TING PAGE SEVEN FEBRUarY 26, 1974 If you would like, i will read these minutes so you can sub- stantiate that the minutes are correct and with ~he approval of the members of the current board give approval that these are correct. As I stated at the beginning of this meeting, it was not possible to have a quorum of the old board present since January and since this is 'February 26, the Chair takes this prerogative to declare these minutes approved. The members that were absent at that time may stop in at City Hall at any time and sign the approval of these minutes. Mr. Kelly stated that he thought the four previous members who are here tonight could give approval of these minutes. Chairma~ Kostner asked if they were all familiar with the minutes and especially the reason for the denial of the re- quest. Mr. Kelly stated he felt Mr. Simon asked that we certify the allegations. Mrs. Huct~e stated thmt we could attest to the allegations. Mrs. Huckl~made a motion to accept the Minutes of November 27, 1973 and it was seconded by Mr. Kel~. Motion carried 4-2. Chairman Kost~er took a roll call vote~and Mr. Blacketer, Mr. Kelly, ~s. Huckle and Mr. Kostner, the four members of the old board who were familiar with the allegations in these minutes voted yes; and the new members of 1974, Mr. Trauger and ~s. Jackson, abstained from voting in this matter. ~s. Huckle continmedthat she thought Mr. Simon is asking us to clarify the accuracy of this court decision and not the accuracy of our minutes. Chairman Eostner pointed out that it referred to the meeting held on November 27. The only matter is the question of how this Board voted the second time. Mr. Kelly stated that the allegation is true that the motion was passed by reason of the ordinance as passed in August, 1973 and the roll call vote was taken. He read this from the minutes in its entirety. Mrs. Huckle stated that Mr. Simon wants to know if what the judge spelled out is accurate according to our minutes. Chairman Kostner stated that according to the minutes, it is correct. The only correction that I note is that the Community ~ppearance Board of Delray Beach is noted in this judgement and I will bring this to ~s. Fry's attention. Chairman Kostner then announced that he had correspondence fro~ the City Manager with respect to annexation and gave everyone copies. Mr. Blacketer responded that he had not had a chance to read it and the other members agreed. Chairman Kostner requested that the Members study it and re- port at the next meeting, so further action can be taken. The Members then discussed the date of their next workshop meeting. ~Lr. Blacketer stated he could not attend workshoo meetings on Monday afternoons. M~. Trauger suggested possi- bly going back to Thursday mornings. Mr. Kelly pointed out MI~UTES PLANNING & ZONING BOA_RD MEETING PAGE EIGHT FEBRUARY 26, 1974 the disastrous history they have had with Thursday morning meetings. With a ~uorum the other day, we moved it to Mon- day afternoon and now we should discuss this. Chairman Kostner pointed out that it was unfortunate that one mem- ber was unable to attend workshop meetings during the day because of wor~ng conditions. His thoughts should be in- cluded. As a Member of the Board, I think he should attend. We s~re actually working as a six member board without this member. I think he is employed and unable to attend meetings during the day. Possibly night meetings would be better. It is most unfortunate that this one member cannot come during the day. Mr. Blacketer stated that he: preferred afternoon or morning meetings. Mr. Kelly added that he also preferred afternoon or morning meetings. We also depend on the Build- ing Official to attend and as he explained, he is tied uo in the evenings with other Boards. Mr. Trauger stated he could go back to Thursday mornings or Thmrsday afternoons. On ThUrsday mornings, t could be here by 10:00. I don't think we should restrict, this to just. those who are retired. I am willing to attend additional meetings in the evenings. I think you need some younger members and they are mostly employed. Mrs. Huckle pointed out that Mr. Barrett did indi- cate he did have very little time to himself with obligations of evening meetings. ~Ms. Jackson stated that she believed ~. Barrett was keeping Mr. Walker informed of what is being done at the workshop meetings. Chairman Kostner agreed, but added that we did not have his counsel. I am distmrbed that ~ir. Walker is not here tonight and was not advised of his absence, fir. Blacketer questioned the possibility of Monday morning and ~. Trauger replied that he could not attend. Mr. Blacketer questioned the possibility of Tuesday morning and N~. Trauger replied that he could not be here until 10:00. Mrs. Huckle stated that she objected to Thursday morning. If we are meeting at 9:00, I think people should be here at 9:00. Possibly we should start meeting at 10:00 and then would not have to backtrack the first hour. Mr. Kelly stated that he agreed with her. Chairman Kostner pointed out that we should put in as much time as possible to complete the work of the proposed zo~ ordinance. After it is finished, I don't think we will be required to put in as much time. We must stick with it now. Mrs. JacF~on stated she gave Trauger her corrected copy from last Thursday's meeting and he copied it. Mr. Trauger stated he had no objections and agreed with it. t think you should proceed now and if there are any changes, they can be done by amendment. Chairman Kostner informed the Members that the ordinance is ready now to be typed and ~. Barrett has advised us of this. There is some work left on the map and that will be tmken up at the next workshop meeting. MINUTES PLANNING & ZONING BOARD MF~TING PAGE NINE FEBRUARY 26, 1974 Chairman Kostner announced to the audience that he was happy to advise them that this Board has put in a tremendous num- ber of hours on the proposed rules. I am very happy that we havea precise, well-covered ordinance to present. We know there will be changes, but that will come after the hearing. ~. Kelly added that they had asked M~s. Padgett to set up a public hearing for this. Chairman Kostner stated that notices are going out that the public meeting will be ~.~ch 16. We are moving ahead. ~. Kelly stated that he thought Mrs. Padgett determined the exact date and it depended whether she had been able to get it into the press in time. Ma~.ch 16 should be reconfirmed with her. Mrs. Jackson stated that if she got it in yesterday, it would be in plenty of time. Mrs. Huc~e pointed out that March t6 is a Saturday. Chairman Kostner stated that then it would be Fmrch 12, but he was not certain. Mr. Blacketer referred back to the date of the nextworkshop meeting date. Mrs. Huc!mle asked about the possibility of Wednesday afternoon and all the members responded favorably. Chairman Kostner announced that the next workshop meeting would be March 6 at 1:30 P.M. after February 28, which will be our last Thursds~ morning meeting. Mr. Kelly made a motion that after Thursday, February 28, the following weekly wor~hop meetings will be on a Wednesday and each Wednesday thereafter ~eginning at 1:30 P.M. beginning on ~rch 6. Mr. Blacketer seconded the motion. Motion carried 6-0. Mr. Aitken stated he was sure it was an oversight that Mr. Barrett could not attend this meeting. He is working at a building seminar in Tampa. Chairman Kostner stated that the Board ws~ happy to have Mr. Aitken present. Mr. Kelly made a motion to adjourn and it-was seconded by Mrs. Jackson. Meeting adjourned at 9:10 P.M. February 287 1974 SUPPLEMENT correcting error in the Planning & Zoning Board's MINUTES of FEBRUARY 267 1974 The first paragraph on Page Nine (last page)~ covering the matter of holding a Public Hearing on the proposed new zoning ordinance~ was in error. It should have referred to a public showing of a film at the City Hall on March 267 pointing out the problems South Florida is facing with regard to sewer~ water~ clean air~ over-popula- tion~ etc. It is the feeling of this Board that~ by showing this film just prior to the Public Hearing~ the citizens of Bovnton Beach~ would be in a position to better understand and'evaluate the proposed ordinance. Fred Kostner~ Chairman