AGENDA DOCUMENTS
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MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA -
MAY 7, 1985
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payment of $8,178.27 to Post, Buckley, Schuh & Jernigan, Inc.,
for services rendered on the Reverse Osmosis project. The motion
carried 5-0.
PUBLIC HEARING
Consider conditional use approval for the Tiny Scholar Nursery
School, 2304 South Seacrest Blvd., submitted by Ken Carlson. (It
will be necessary to open and then continue the Public Hearing
since final recommendations have not been received from the
Planning and Zoning Board) Public Hearing will be continued to
May 21, 1985 at 8:00 p.m.
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Mr. Cheney said we had requested that the Tiny Scholar Nursery
School application be advertised for a Planning and Zoning Board
Meeting, but the newspaper did not advertise it. It will, there-
fore, be considered at the Planning and Zoning Board's June
meeting. Vice Mayor Ferrell moved, seconded by Councilman
Warnke, to delete this item from the Agenda and place it on the
Council's Agenda for June 18. The motion carried 5-0.
Public Hearing for variance in reference to platting which
requires the continuation of streets to unplatted property and in
reference to dead end streets extending beyond 1,320 feet in
length. Variances are to Appendix C, Subdivision and Platting
Regulations, Article X, Section 10 and Section 100 of the Code of
Ordinances. (Walboyn/Catalina Project)
Mr. Alan Ciklin came before the Council to represent Ocean
properties, the developers of the Walboyn project, regarding
access to the property at the rear of their project. They have
worked with the City staff, the County Engineer and the City
AttorneYJ it was agreed they would seek a variance to the sub-
division regulations so they submitted a proposed access way to
the C & R property behind Walboyn. The County Traffic Engineer
confirmed that an 80-foot collector road is not necessary to
serve the C & R project and that a 24-foot access road expanded
to 30 feet as it enters Congress Avenue would be acceptable. Mr.
Ciklin said they are agreeable to these requirements and to Mr.
Cheney's comments in his memorandum of May 7, 1985, except that
he would like cla~Lfica~ion of his remark regarding the number of
curb cuts. -'.
Mr. Cheney read his report giving the history of this project and
recommendations of conditions for granting the requests for
variance, having reviewed reports by the Technical Review Board
and the County Traffic Engineers. He said thp-y fp-p-l the number
_of points of access too the 2..4-foot East/West:-_!:~~~w~Y_~,etw~~_,
- C2!lgress Avenue~eaident.ial_.p-r~tY.bepJnc1 the botel
~roject should be limited~_ Mr. Ciklin did not feel it was
necessary to reduce the number of curb cuts so drastically, as
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MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
MAY 7, 1985
the number of trips on the access road would be minimal and it
would create a hardship for them in placing their hotel on their
property and providing adequate parking spaces. The proposed
plan had shown ll"curb cuts; there was discussion as to whether
the number should be reduced to eight, five or two. Councilman
Zimmerman thought the roadway should not be built there at all
along the canal and coming out on Congress Avenue next to the
bridge. He described a situation at the south end of the City by
the sewer plant where problems have been encountered and the
County has required that the road be relocated. It was concluded
there is no ideal solution to this access problem. Attorney
Vance said the plan presented here is the best effort given the
parameters they had to work with; if the variance is granted, it
solves the problem in relation to maintaining the sanctity of the
subdivision standards. Vice Mayor Ferrell moved, seconded by
Councilman Hester, to approve the variances requested by both
Ocean properties and C & R Developers with the stipulations of
City Manager Cheney's memo of May 7, 1985, with 2.a. stating
"Not more than five curb cuts to the access drive from the motel
area." and all of the cuts to be eliminated from the west end of
the property. A roll call was taken by Mrs. Boroni as follows:
Mayor Cassandra Aye
Vice Mayor Ferrell Aye
Councilman Hester Aye
Councilman Warnke Aye
Councilman Zimmerman No
The motion carried 4-1.
45 Foot Height Limit
Mayor Cassandra read what was on the ballot when the referendum
was passed in March of 1982 regarding height limit, as well as
his memo describing what is in the Code Bookiregarding this sub-
ject. Vice Mayor Ferrell said our ordinance is very clear cut,
f but he asked Attorney Vance if a policy could be set stating to
what extent exceptions would be granted. Mr. Vance said a policy
should not be set which does not comply with the ordinance, as
the ordinance itself states what exceptions can be granted for
and allows the Council to consider each application. Councilman
Zimmerman added" that the ordinance cannot be amended without a
referendum. Mayor Cassandra said he would like to have a state
Attorney's opinion regarding the difference in what appeared on
the ballot and what is in the Code Book. Attorney Vance said
state statutes limit the ballot to 15 words, but the ordinance
was available at the time and was advertised in the newspapers in
its entirety.
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Mr. Ben Uleck again came before the Council and said there were
over 2,000 petitions from individuals who wanted a strict limit
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