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Minutes 04-19-73/ ~ ' ~. ~LEETING OF THE PLANNING AND ZONING BO~_RD - ~PRiL 19, 1973 Present: Absent: Robert Olds, Chairman Col. Albert Wehrell Mrs. Marilyn Huckle Fred Kostner Orris Walker RiChard Vastine Loren Blacketer The Meeting was called to order by Mr. Olds, who introduced the members of the Board. Mr. Olds state~ there were two easements to consider, the first requested abandonment by Donald Besecker and Gene A. De Pace of property on Lots 7, lO,11 and 8, 9 and 12, Roberts Book 2, and the description was read in detail. Mr. Besecker said thim is a 20' city right of way approximately 3Oo' in length, N.E. 5th to N.E~6th. It dead ends on the north into 8th Ave. - on the north is Tropigas, and on the south into 5th Ave. - across is a house. Several years ago this land was abandoned by the city but not locally. He has n~ intention of building on it, just wants it for additional parking. Mr. Besecker stated that Gene De Pace owned 3 and Ann Barrett owns 3 lots in front of Mt.De Pace to the East and he owns 3 lots which~he uses for parking. Mr. Olds aske~ if there was any objection from the people in the vicinity. Mr. Besecker said it had been advertised and they had been notified. Mr. Olds asked for any other comments in favor of this. Mt. De P~c e stated this property would be a public nuisance and right now it is barren with no pavement, and he would like to improve his property. Mr. Kostner asked if he was in favor of this petition. ?~. De Pace said yes. Mt. Olds asked if there was ~ easement on the property. Mr. De Pane said yes, to get to the sewer. Mt. Olds asked if there was anyone in the audience opposed to this abandonment. No reply from the audience. Mr. Kostner stated -subject to any easement that exists at this time or any other, I move that this abandor~ent be granted. Mrs. Huckle seconded the motion. This was passed ~ to i with Ool. Wehrell abstaining as a matter of principle. Mr.01ds said this will go before the Council May 1st. Mr.01ds stated that in a recent abandonment they had the opportunity to go and look at it. As a matter of princip~ we should go and look at the situation. Gol. Wehrell stated he had no o'bjections but until he looked at it he would not vote for or against it. They heard about it on Monday and were asked to vote on Thursday and he would not vote. Mr. Olds stated there were people on vacation and these matters were handled by other people not familiar with it and he did not get this information until Tuesday. However, this is visible on the highway and those of us who were on the Board remember what was done at that time. Col. Wehrell said he realized everything was above board in this instance, ~but, we should go and look at sites~'~. Mr. Eostner concurred with the Colonel in his remarks, except in this situation he Could see there was nothing that could hinder or question the request because it is ea alley two blocks ~iong the railroad, and since this has been advertise~ and people are here and no objections rai~ed by anyone, he failed to see why this should be held up. Mrs. Huckle said "no remarks". ~'L~. Wa~:~r stated he was in accord with the Colonel and they did have a standing policy to visit areas of abandonment but lately thes~e requests are written up and given to them at the meetings. Mr.01ds said this Bo~d has never gone in a body but we have had notice to go on our own. Lately we are on the spot. Col.Wehrell stated -if we don't put our foot down some time it will continue all year. If we don't get these things in time we are lackeys. Page ~o. 2 Mt. Olds read the second request for abandonment in Leisureville describing the area in Section ~A on the southeast corner, presented by Rossi & Malavasi, Engineers, representing Boynton West Development. Mt. Rossi stated there was aa easement on this property but in response to letters sent to Southern Bell~ Florida Power and Light and Florida ~ublic Untilities Co., this easement was not being used and they have no future use for it. Mr. Olds read the letters~ referred to from the utility companies, in addition to a letter from Teleprompter to Mrs.Fadgett. ~r. Eossi stated that the area in Section on which the abandon- ment was reque~te~, was planned by Caldos for apartments. After the sale to Boynton ~est, they prepared a plan in keeping with their type of construction, with two buildings laid out there, requiring relocation of water main. This is now under way ansi the buildings are constructed over the utility easement. It is not neede~ by the utility companies or the City and they would like abandonment of that property. Col. ~ehrell asked if he meant that portion only where the two buildings are constructsd and the rest left intact. Mr. Olds asked, in reference to a letter from Mt. Clark, what was meant by city vehicles getting through. Mrs. Huckle stated that Mr. ~lark was referring to the remaining right of way area for easement. Mr°Rossi said they were not asking for that. M~oKostner asked if there are buildings on this easement area. Mr. Eossi said yes, and this request shoul~ have preceeded con- struction, but there are one story apartments on it -it was overlooked. Mr. Eostner asked if building permits were issued in spite of the easement area. Col. Wehrell too. asked if it was an oversight by the Building Dept. Mr. Olds asked if these were built by the present builder ar the previous one. Mt. Rossi answered that Boynton West is building at the present time and they are under roof. It was an oversight and not in- tentional. Mr. Olds asked if there was any opposition from the audience. Page No. ~ Mr. Walker stated,in order to get the Building Dept. out of an embarrassing situation, ~I make a motion that the application requests as ihdicated on File TlOO3 and des- cribed on the sheet, be approved". Mr~Olds read from the sheet and said he could see no reason to refuse the application as long as there was access for city vehicles. This property could then be return to the city tax rolls, Mrs. Huckle seconded the motion. It was voted H to I with ColoWehrell abstaining aM a matter of principle. Mr. Dan 0'Brien of D'Brien, Suiter ~ O'Brien stated he had three matters in abeyenace; a proposed~~en subdivision ~or the south end of Boyn~on oelow~6~h~ A prelim- inary plat was handed in early in March and ~e believed the Board had reviewed it but with the absence of Mr. Largent they have~had no decision. He asked the Boar~ to review it and give them a decision as to whether they could Eo forward with construction. The water and sewage were approved by every government agency and they wanted to start construction. They ca~ot move without a decision from this Board. Col. Wehrell said they did have it. Mt. Olds stated he remembered it. Mr. Walker said they had made some decision. There was a discussion and the Board felt that ~hile it had been discussed no decision had been ma~e. Mr.O'Brien asked for a commitment, it was submitted as pre- liminary, and they wanted to know if it was acceptable or no~ so they could go ahead. There was a further discussion and Mr. Walker suggested checking the minutes. Mr. Olds said they did give a tentative approval at a work- shop meeting. Col. Wehrell said in view of that, we could give approval subject to Engineering's final approval. There was a discussion and reference to the map to pinpoint the area involved. ~.O'Brien said everything was within the City of Boynt~n Beach. Page No. ~ Mr. Walker stated he could see nothing wrong in granting pre- liminary approval. ~tr. Nalker then made a motion that preliminary approval be granted. Col. Wehrell seconded. MrsoHuckle abstained, not being familiar with the situation. The vote was ~ to 1. Mr. O'Brien then brought up his second question regarding Rolling Green Ridge~ 3rd addition. This preliminary plat was approved but they do not know where it is. He would like to get it in the record so it will go through channels. Mr. Olds said it was approved by them. Mr. O'Brien refer~d to a plat for the east half of Block Boynton Ridge which had come before the Board but he did not know the status of it. Mr. Olds recalled~ they had done this, too. he stated~with Mr. Largent gone they may have to come up before the Board again. Col. Wehrell and Mt. Olds both agreed that these were two questions $~h~ had preliminary approval with no objections. Mr. Olds read the minutes of March 15th meeting and they were accepted as read. Mt. Olds read the minutes of March 5th and Mrs. Huckles stated there was an error on page ~, paragraph 5 regarding the vote on Pal~land zoning. Col. Wehrell made a motion that the minutes of March 5th be c~rrected on page ~,Sth paragraph, the~vote of ~ - 2 with Olds and Blacketer voting no. This was in error, the vote was 3-3. Mr. Eostner seconded. Motion passed 5-0. Mr. Olds read the minutes of March 28th. Col. Wehrell move~ the minutes of March 26th be accepted as read. Mr. Kostner took the chair. carried 3-2. .Olds seconded the motion. Motion Mt. Olds read the minutes of April 9th and Mrs. Huckle asked that they be redone as they were incomplete. Mr. Kostner made a motion that in view of the April 9th workshop meeting, as shown in the minutes indicate these a~e very incom- plete and I do not feel they should be approved at this time unless additional information showing votes, etc. be shown on these minutes. Page No. 5 Mrs. Huckle seconded'the motion . Carried 5-0. mr. Olds read the minutes of a Special Meeting April 9, 1973. Mr. Kostner moved that these minutes be accepted as presented. Col. Wehrell sedonded. Motion carried 5-0. Col. Wehrell stated in orde~ to avoid this continuous hassle as evidenced, in someone taking the minutes, it would seem to me that decisions should only be made at special meetings. the workshop we could listen and then make decisions at the special meetings. ~r. Olds stated he was in favor of it. Mr. Walker moved the meeting be adjourned at 9:00 P.M. Col.wehrell seconded. At Page No. 6