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REVIEW COMMENTS SEP-10-'90 15:50 ID:JOSIAS AND GOREN TEL NO:305-771-4923 **774 P02 MlMORANDtJII .1 TO: FROM: SUBJECT: DATE: Don Jaeger, Building' zoning Director James A. Cherot, city Attorney ~ Two Georges Harbor Hut September 10, 1990 I ~ in receipt ot your memo ot september 7, 1990 (MemOrandum No. 90-408) tollow1nq my review ot the issu.. ra1sed by your Memorandum and your insiqht into the legi.lative history of the Amendments to Chapter 5, I conclude as follows: 1. There Dlay be circumstances where both the Board of A<1justment and the Plann1ng Board have ooncurrent jurisdiction over variances related to parking lots. By composinq a Applicat10n for Variance 1n term ot parking spaces as calculated under the Zoninq Code, an applicant would be entitled to proceed to the Board of Adjustment for hearing (authority: Section lOB ot Appendix A). An applicant who composes their application in terms related to the physical construotion ot parkinq and storaqe areas within the C1ty would proceed to hearinq before the Planning , zoninq Board. The Two Georges Harbor Hut variance illustrates a circumstance that could be construed as being proper under either procedure. This is so because the reduction the applicant sought was tor zero spaces. 2. You have advised me that hililtorically, the City haa treated applications for varianc~ with respect to parking .paoQ~ as request from the raquirQlt\cmts of the Zoning Coda. As such, those variancA. havQ routinely prooQodQd before tho Board of Adjustment and not the Planning , Zoning Board. In light ot that treatment, it appears as though a preoedent has been established. J. It dO~8 not appear olear from ei~her the Zonin9 Code or Chapter 5, whether it waa the intent of the Commission th~t all variance., bo they layout and de"icp1 or specifio pe.rkinq spaoe nul!lber requests, proceed before the Planning e.nd Zoning' ~oelrQ. preoedent would suggest otherwise. In ~ny event, it would be proper to refer this ~atter to the Commission with the suggestion that the Zonin9 Code and Ch~pter 5 be amended to eliminate conourrent jurisdiction of those Boards and to direct a unitorm and exclusive method for processinq variances. In conClusion, it i. my opinion that it is proper tor the Two Georges Harbor Hut variance to proce.~ betore the Board ~f Adjustment. JAC/lmB LIB JABGtR BUILDING DEPARTMENT MEMORANDUM NO. 90-408 September 7, 1990 TO: James Cherof City Attorney FROM: Don Jaeger Building & Zoning Director RE: TWO GEORGE'S HARBOR HUT On September 10, 1990 the Board of Adjustment is scheduled to hear two (2) variance requests from Appendix A-Zoning regarding the number of required parking spaces. One (1) of these requests is for Two George's Harbor Hut, 728 Casa Lorna Boulevard. The agenda and back-up information was forwarded for your attention on August 30, 1990. Contained within Appendix A-Zoning, Section 11.H are the requirements for the provision of off-street parking spaces. The Zoning Code requires that parking spaces be allocated depending upon the use of the structure or site. These specific requirements are contained in Appendix A-Zoning, Section 11.H.16. Section 10 of Appendix A-Zoning addresses Board of Adjustment procedures. The Board of Adjustment has the power and duty to hear appeals regarding the literal enforcement of the provisions of the Zoning Code. Appendix A-Zoning, Section 11.H.1 mandates that the design and layout of parking lots conform to Chapter 5, Article X of the Boynton Beach Code of Ordinances. This article was amended in March of 1986. There were three (3) departments involved in this amendment process - the Engineering Department, the Planning Department and the Building Department. The Engineering Department was represented by Tom Clark, City Engineer, and Bill Flushing, Assistant City Engineer. The Planning Department was represented by Carmen Annunziato and Tim Cannon; and the Building Department was represented by Bud Howell, Building Official, and.myself. The intent of Article X Parking Lots was to regulate the physical construction of parking and storage areas within the City of Boynton Beach. The number of required parking spaces remained regulated under Appendix A-Zoning. On the September 11, 1990 Downtown Review Board agenda, there is a request for a parking lot variance for Two George's Harbor Hut, specifically relief from Section 5-138(a) "Scope" of Art,icle X Parking Lots. In the. past, we have required applicants to comply as much as possible with the individual requirements contained within this ordinance. If there were specific requirements that could not physically be complied with, then those requirements became the basis of a variance request. , "ot 1 Memo to James Cherof REI: Two George's Harbor September 7, 1990 Page Two Hut I believe it incorrect for the City to entertain a request for a variance to the scope of the Parking Lot Ordinance. Contained within the scope are the requirements for when compliance with the Parking Lot regulations are necessary. Requests for variances should be based on specific design requirements contained within the Article. If the Downtown Review Board grants relief for the entire Parking Lot Ordinance and the Board of Adjustment requires parking to be provided on-site, there will be no standards with which to construct the required parking. We need an interpretation as to the proper juriSdiction of these requests and we need to resolve the issue of whether it is appropriate to entertain a request for variances to the scope of the Parking Lot Ordinance. Thank you for your assistance in this regard. DJ:bh xc: J. Scott Miller Al Newbold Michael Haag PARKLOT.DOC AGENDA BOARD OF ADJUSTMENT REGULAR MEETING DATE: MONDAY, SEPTEMBER 10, 1990 TIME: 7:00 P.M. PLACE: BOYNTON BEACH CITY HALL COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD ---------------------------------------------------------------------- A. Acknowledgement of Members and Visitors B. Reading and Approving of Minutes C. Announcements D. Conununications E. Old Business - None F. New Business: Cases to be presented on September 10, 1990 CV~ rJv 1. CASE #148 - 728 Casa Lorna Boulevard ~\~A Owner: George Culver IJ Request: Reduction in number of parking 2. CASE #149 - 3030 S.W. 13th Pl. & 1480 S.W. Owner: VRT Corporation Request: Reduction in number of parking spaces 3~h St.. Q 1t~. sp es G. Pending request for future meeting - October 8, 1990 1. CASE #150 - OPEN H. Other Business I. Adjournment NOTICE: Any person who decides to appeal any decision of the Board of Adjustment with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. bh XC: Members - Board of Adjustment Honorable Mayor and Conunission City Manager City Attorney Interim Planning Director City Clerk Building & Zoning Director Recording Secretary BAAGENDA.DOC TO: Board of Adjustment Members FROM: City of Boynton Beach Staff REFERENCE: Staff Site Analysis - Board of Adjustment CASE NO. & ADDRESS: #148 728 Casa Lorna Boulevard MEETING DATE: September 10, 1990 CURRENT ZONING: CBD DESCRIPTION OF PROPERTY: Lots 1-6, incl. & the E.15.35' of Lot 7, Casa Lorna Subdivision OWNED BY: George Culver VARIANCE REQUESTED: Reduction in number of parking spaces FACTS: This application is to enlarge the non-conforming 50 seat restaurant to 150 seats and renovate the existing building. 1. This site was platted in 1925 as part of Casa Lorna Subdivision. It is now known as the Two Georges Marina, described as Lots 1-6 and the East 15.35 feet of Lot 7, Casa Lorna Subdivision. 2. The site is presently zoned CBD and was formerly zoned C-2. 3. This site has 13 parking spaces on site at this time to cover the businesses as they are licensed and there are plans to remove these spaces for landscaping. 4. Two variance cases for parking, to increase the seating from an existing 50 seat to 150 seat restaurant, were denied; one in 1976 and one in 1977. Copies of both previous Board of Adjustment minutes will be at the meeting for review. 5. The off-site parking proposed for the Lighthouse Square Marina, if ever constructed, would be for all the other existing businesses on this site, and others within the area, which have none available to date. 6. A variance for 100% of the required parking, after the CBD zone reduction to 65, is needed since no parking will be on site. 7. Any off-site or lease arrangement to provide required parking spaces shall be approved by the Community Redevelopment Agency and the Technical Review Board and be located per Section 6.E.4 of Appendix A-Zoning of the City Code. 8. The 65 parking space request is based on the letter from the applicant and mayor many not be adequate because no information on the size, type or seating of the total on-site businesses was submitted for review. 9. Due to the lack of information and the request for parking, no other site issues (for example, setbacks and lot coverage) are being addressed and if any are found not to code later, they would require a resubmitting of an application before permitting. 10. The site plan for the Two George's was denied for the second time by the Technical Review Board. bh XC: Members - Board of Adjustment City Manager City Attorney City Clerk City Planner Recording Secretary FACTS148.DOC BUILDING DEPARTMENT MEMORANDUM NO. 90-390 August 31, 1990 TO: J. Scott Miller City Manager FROM: Don Jaeger Building & Zoning Director RE: REQUEST FOR ZONING VARIANCE - TWO GEORGE'S MARINA Attached please find a copy of the variance request for Two George's Harbor Hut Restaurant. The nature of the request is for a variance for sixty-five (65) parking spaces, as there will be nQ on-site parking provided for Two George's Marina. This variance request is scheduled to be heard on September 10, 1990 by the Board of Adjustment. There will be a pre-variance meeting on Tuesday, September 4, 1990 at 10:00 A.M. in the Building Department to discuss this case. Do DJ:bh Attachments TWOGEORG.DOC ~ APPRAISERS . BROKERS · CONSULTANTS ~ '" " ' ~SSOClftTfD PPR~ISERS &. conSUL TRnTS Inc. JAMES R. BRANCH, MAl JOE R. KERN, SRA KENNETH J. KISSEL, MAl 'L 11211 PROSPERITY FARMS ROAD . SUITE 202B . P.O BOX 301 S9 . PALM BEACH GARDENS FL 33410 ASSOCIATES: MARCIA M. BRANCH ROBERT R. BRANCH WILLIAM W. BRANCH MARSHA H. CIOFFI KATHLEEN A. CROMWELL VIRGINIA S. GRAF DONNA M. KERN ANTHONY J. REICH, MAl August 24. 1 9 9 0 '--;;::;-:-_. . ~L!'. ,.(0 . ""e ! ,"-:/ ,"" 'i' '~.; . I ,,'~(' ~t;::'; ~~. ; ':, ; . ( r I '''l/ A 1 v0,,\ \ I. '",.,.,H.:; 2 (1 11"\"f'I ' ,.. J',"", .. U ~?'J~J City of Boynton Beach P.O.Box310 Boynton Beach. Florida '.'-......A, r. L',. ,~,. ~..l-.. -'J :."'F:;":'l ',L J';<;;:,>".; ;;u;,:..\..\~'\ I., ,.. f'.'--<' / . I..:v ;.,-,-1' \ \ / / I f\) \ '...-/' _.---- 33342-0310 Attention: Suzanne M. Kruse. City Clerk Re: Board of Adjustment - Case No. 148 Owner: George Culver - Requesting Variance 65 Parking Spaces for Expansion of Restaurant Dear Members of City Government Boynton Beach: As title holder and trustee for the owners of Ocean Plaza on Ocean Avenue in Boynton Beach. I would like to express our opposition to the request by Mr. George Culver for expansion of the existing restaurant with no increase in parking spaces. If such a request were granted, the overflow parking would logically have to spi II over onto adjoining properties in that there would be no other place for increased customer traffic to park. One of the most important factors in considering commercial construction or additions is the availability of adequate parking. I trust that all of you wi I J oppose this request. Sincerely. James R. Branch cc: Mayor, Gene Moore Vice Mayor. Lee Wische Commissioner. Bob Olenik. Jr. Commissioner. Li IIian Artis Commissioner. Arline Weiner City Attorney. James Cherof Building [,. Zoning Director. Donald Jaeger TELEPHONE 407-694.2222 FAX 407-694'2231 -2- August 24. 1990 Board of Adjustment Chairman. Vernon Thompson Vice Chairman. Thomas Newton Secretary. Raymond Eney James Miriani Andrew Haynes Patt Tompson Ben Ulek Herbert Fox Henrietta Solomon Robert Cromwell. Attorney at Law JRB/ajh M E M 0 RAN DUM TO: Al Newbold, Building Code Permit Administrator Building Department FROM:r-'-~e M. Kruse, Ci ty Clerk ",-- , -"''"'''/~~ SUBJECT: Board of Adjustment; Case o. 148 DATE: August 17, 1990 Pursuant to our telephone conversation, I am forwarding herewith information from two previous Board of Adjustment cases in 1976 and 1977 when parking was taken under con- sideration in variance applications requested by George Culver at 728 Casa Loma Boulevard. ~~~ Suzanne M. ruse, City Clerk SMK:pwb Attachments t, MINUTES BOARD OF ADJUSTHENT PAGE NINE SEPTEMBER 26, 1977 Mr. Jameson then stated that he was before the Board again to remind them that all the buildings in this C-3 area are non- conforming to the City's present regulations. He referred to the reasons noted in paragraph five of the petition and stated that no hardship was shown. He referred to the appearance of the north end of Boynton Beach being enhanced and explained how the Inlet Harbor Club was positive for this area. He re- quests the petition to be denied because in his opinion it typifies the exprescion to jam as much as you can and it does not conform to the present building standards of our City. Vice Chairman Thompson then requested that a roll call vote be taken on the motion and Mrs. Kruse took it as follows: Mrs. Bond Mr. Ward Mr. Rutter Mr. Zimmerman Mr. Adelman Mr. Healy Mr. Thompson Motion carried 5-2. - Yes - No, because he doesn't believe this Board can withdraw a petition. - Aye - Aye - Aye - No, because he takes the stand this Board cannot withdraw any peti- tion which has been submitted by an applican t. - Yes, because it was the wish of the applicant to withdraw it. Vice Chairman Thompson then turned the meeting back over to Chairman Bailey. Chairman Bailey introduced the alternate member, Mr. Adelman, who arri.ved after the meeting started and thanked him for sitting in for him. He then declared a three minute break and called the meeting back to order at 8:15 P. M. Re-Hearing on Application submitted by Mr. George W. Culver, 728 Casa Lorna Boulevard, requesting relief from 53 required parking spaces to 11 parking spaces, no land being available for the additional parking. Mr. Thompson moved that the George Culver Application be brought from the table for discussion, seconded by Mr. Rutter. Motion carried 7-0. Chairman Bailey announced that the Board of Adjustment for the City of Boynton Beach has passed a motion to reconsider the variance which was granted to Mr. Culver. Mr. Rutter stated that it was his understanding that the changing of any decision of this Board would be done by a court of law and not this Board and Chairman Bailey informed him that the City Attorney advised that we had a certain number of days to bring a motion before the Board to reconsider before getting involved in the courts. The deadline was met before the num- ber of days had expired. MINUTES BOARD OF ADJUSTMENT PAGE TEN SEPTEMBER 26, 1977 ttr. Healy asked who presented the application and Chairman Bailey informed him the application was dated July 27, 1977, for an August 8 hearing. Mr. Ward referred to this re-hear- ins being on the request for the variance for parking and Ch.!;\irman Bailey agreen. Mr. Ward stated that it does not have to db with the previous building variance granted and Chairman Bailey clarified that it concerns the variance granted for approximately 53 parking spaces. He then asked if there were any further comments from the Board before hear- ing the public. Mr. Thompson requested th~t it be made clear to the Board and public that the application before us now is for parking only and not seating capacity and Chairman Bailey announced that in no WAY doeR this variance effect the seating capacity. There are surrounding circumstances which bring the seating caracity into the picture, but it is not a variance to grant or deny any number of seats. This only concerns the parking. He read the application and ~dvised that a variance was granted, but new evidence came before the Board and the Board decided to reconsider the request. Chairman Bailey then asLed if anyone was present representing l-Tr. George Culver and Mr. George W. Culver appeared before the qoard. He referred to being here previously and stated he is tired of coming and imagines the Board is tired of hearing him. He requests that when they vote there will not be any politics involved, but that plain common sense is used. They must consider whether it is good for the City and whether it will be an asset or liability. People have come in groups and stood up just because they were from Coastal Towers. Some day, Coastal Towers will have to ask for a variance when it falls into the canal the way it is built. Also, some of his competitors have objected. He requests the members to use common sense when voting. Mr. Ward questioned his reference to a block vote and Mr. Culver clarified that he was referring to everyone standihg from Coastal Towers. Mr. Rutter referred to the present 11 parking spaces and questioned the damage from not having the addition parking sraces and ~tr. Culver replied that he could not see any parking problems. He referred to being in business there for ?O years and told how there were only four cars parked there when the boat is out. It is a City street and there is parldng. Property was given to the City for the street. There is always parking on the street on any day of the week. Mr. Rutter asked if this parking could be made illegal by the City Police and Hr. Culver replied that if the Council made such a decision, it could; but he does not know why it would. There have not been any serious accidents and it is a one way street and i.s a deadend. MINUTES BOARD OF ADJUSTMENT PAGE ELEVEN SEI~MBER 26, 1977 \- Chairman Bailey asked if anyone else in the audience wished to sreak in favor of this application and received no response. He then asked if anyone wished to speak in opposition to this application. Mr. Bill Mullen, Coastal Towers, apreared before the Board and stated it was their opinion at Coastal Towers that with the lack of parldng at this restaurant, there will be only one place for the patrons to go and that would be into their parking lot which is very limtted. Another aspect which should be considered is the legal capacity. The license states 50 at the present time. He questions why 53 parking spaces are needed for a restaurant with 50 seats? Chairman Failey informed him that the 53 was based on 150 seats. Mr. Mullen requested that this be considered. Mr. Rutter referred to the Coastal Towers being separated by water from the restaurant and asked why patrons would park there and Hr. Mullen informed him that the restaurant main entrance is right across from their parking lot and there is a connecting side street. Mr. Rutter referred to the distance and Hr. Thompson informed him that the walking dis- tance would be approximately 800 feet. r--~rs. lIanet Hall, Sea Mist Marina, appeared before the Board. She requested that the original hearing request which was mailed to the property owners be read in full and Chairman Bailey read the notice. Mrs. Hall referred to the notice requesting a variance on parking for a 150 seat restaurant and questioned the reason and Chair~an Bailey informed her that the reason noted was that no additional land was avail- able. He then read the application submitted to the Build- ine Department. Hrs. Hall stated that there must have been a reason for needing these parl{ing spaces and Mr. Rutter replied that tt was for ~ 150 seat restaurant. Mrs. Hall \ stated that ~u. Culver wanted a 150 seat restaurant, but only had a license for 50 seats and Mr. Rutter agreed that it was discovered th~t a 150 seat license had been issued in error and there should only be 50 seats. Mrs. Hall re- ferred to this variance asking for parking for a 150 seat restaurant. Chairman Bailey read items 3 thru 5 on the application for the June meeting and clarified that Mrs. Hall's concern was the mention of 150 seats and Hrs. Hall agreed that it was very specific that the request was for 150 seats. She then asked if the Building Department had a request for a building permit upon which this is based and what was the permit issued for to build there and Mr. Keehr informed her that the only permit issued to da'e is for a storage house with small office. Mrs. Hall stated that the fishermen on the dock have been told that this small office is going to be a retail fish market. MINUTES BOARD OF ADJUSTMENT PAGE 'IWELVE SEPTEMBER 26, 1977 Mrs. Hall then requested that the following letter be entered into the record: "We are opposed to the granting of this parking variance on a one block long street already burdened by concentrated vehicle traffic and parking for the businesses located there now. " This Board exists to protect fairly all of us from undue hardship caused by City ordinances. The request before you now is for a number of parking spaces much in excess of that required for the business now operating; therefore, denying it will not cause a hardship to the petitioner. But by alloWing this increase, the Board itself will be ~ating a hardship for the twelve other businesses now located on that one block. Please consider these facts in your deter- minations." HI's. Hall added that if there was any doubt about the con- centrated vehicle parking, they should visit this area in about six weeks around noon. Mr. Rutter asked her how many parking sraces she has for her business and Mrs. Hall told about leasing a peu'king lot for her businesses where at least 75 to 80 cars can be parked, which costs hermndreds of dollars. She added that if you have a business, you are supposed to provide parking. She is just one of twelve businesses on the block. There are nine charter boats, all individually owned businesses supporting a captain, mate and their families. They all cater to the public. They all need the use of that City street. There are probably only about 75 to 80 parking spaces on that whole street. Mr. Rutter a~ked if one business added or attracted to the other businesses and Mrs. Hall replied that they all do. ~rr. Rutter as~ed if this improved facility, a 50 seat r~s- taura'l t wi tJJ a warehouse, help the overall community and ~~s. Hall replied that nobody objected to the improvement of the existing bui1ding, but what is being requested is a variance based on tripling the business. Mr. Rutter clari- fied that wants are 0118 thing and needs are another and Mrs. Hall agroed that this was the point she was trying to make. The needs are adequately met, but there is no reason to in- crease the parking for the wants. Mr. Thompson referred to it being pointed out previously that none of the businesses in this area have adequate park- ing and Mr. Rutter referred to Mrs. Hall's statement that she pays a terrific amount of money for the purpose of park- ing 75 to 80 cars. Mr. Thompson stated that it was pointed out by the Building DepQrtment that no business there had adequate parldng and Hrs. Hall told about a meeting held last year in City Hall when parking regulations were agreed upon. MINUTES BO~RD OF ADJUSTr~NT PAGE THIRTEEN SEPTEMBER 26, 1977 She explained how 17 parking spaces were required for a drift fishing operation, two for a charter boat, and so many for a store according to the square footage of the retail area. She does have the legal amount of parking spaces. Mr. Rutter stated that this was the first time he had heard about her parking facilities as it was his understanding that it was on a. flrst come basip.. r1rs. Hall stated that she has a charter boat, sight seeing boat, and retail store and must have parking for her customers. Mr. Rutter asked if it was required by the City and 11rs. Hall replied that she found it necessary to do business. She added that the facilities there are strained. There are fifteen businesses sharing the p1?rldng facilities. Also, the Two Georges have several businesses. The street is also being strained with the busi- ness which exists. They are not trying to deny those in busi- ness, but the use of the street should not be taken away from the people who are in business. If they give someone the legal right to double their business, it is just like saying that the public street is theirs. That is all the parking there is. Mr. Ward referred to Mrs. Hall's question regarding the per- mits issued and Mr. Keehr clarjfied that a permit had been issued for the storage building with sales room. Mr. Ward asyed where the restaurant came in and Mr. Keehr informed him that the restaurant is attached to this building. Mr. Ward stated that no permit was issued for the restaurant and ~1r. Keehr replied that none was' issued for the restaurant because the original variance given by this Board granted permission to re-hui]d the restaurant, but no variance was given for the parking. A statement was made by the Board tha t Mr. Culver would \'Bve to come back for a variance on the parking. Until that is done, they cannot issue a permit for reconstructing the restaurant. \ Va'. Ward then referred to there being a stipulation that the permit must be issued in a certain time limit and Mr. Keehr clarified that at the meeting where this Board approved the parking variance for 150 seats, the next day that permit was picked up for the storage building, but since that time the Board has seen fit to reconsider that variance 80 at this time, the Building Derartment is still waiting for the variance to be approved by this Board before issuing any further permits. r-lr. Ward clarified that no variance has been issued for the restaurant and Chairman Bailey agreed and stated that this is being reconsidered now. Mr. Ward staled that he thought the parking was being reconsidered and Chairman Bailey clarified that in order for Mr. Culver to continue with the restaurant, he must have a parking variance. MINUTES BOARD OF ADJUSTMENT PAGE FOURTEEN SEPTEMBER 26, 1977 Mr. Healy referred to most of the parking being on City pro- perty and Mrs. Hall agreed except for the lot she has leased. Hr. Rutter added that Smokey's is about the only place having the necessary requirements and Mrs. Hall agreed and stated that is why they feel it is unfair to allow this variance to increase a business which does not exist now. There is not a 150 seat restaurant there. She still does not know if the 150 seat license WAS obtained by fraud, a mistake or impro- perly issued. Mr. Healy referred to Mr. Culver having 11 parking Braces and }~r8. Hall agreed that Mr. Culver has 13 on his property. Mr. Healy ns~ed if they were located in front of his office to service the boats there and Mrs. Hall agreed. Hr. Healy asked if the people who rented boats would parl\: there and r~rs. Hall replied that the people who rent boats pxpect to be able to park their cars. Chairman Bailey clarified thAt the license was issued inad- vertently for 150 se~ls and Mrs. Hall stated that the request was hased on that, but it no longer exists. r'1r. Thompson referred to there not being adequate parking, but during the course of the year there are boats for sale or rent in this area and Mrs. Hall replied that selling boats was part of their business and they have increased the parking space at their own expense. Mr. Rutter referred to there being restaurants in the City fronting on a street and questioned the parking requirements and Mr. Keehr informed him that one space was required for every three people and one for every two employees. Mr. Rutter referred to there being existing restaurants with no parking facilities and Mr. Keehr agreed, but stated they were covered by a grandfather situation. Mrs. Hall clarified that he~ request was not to deny the exist- ing business, but that it not be allowed to be increased. Mr. Vincent MOlle, owner of Smokey's, appeared before the B03.rd and stated that he objects to this strenuou~ly. It see!11S like this Board has granted everything Mr. Culver has aSKed for. He thin]l;s they are involved in a big coverup; not the Board, but the City and Building Department. He thinl~s a legal opinion is needed. As a matter of fact, the 50reat license is illegal. The license was issued in 1975. He thinks there is a coverup and this Board is being used to legalize what is illegal. This is for a license which has been rescinded. He does not see why 53 parking spaces should be granted. He thinks it should be investigated to see what is going on. He thinks it should be checked to see if the 50 seat license is legal. Mr. Rutter replied that Mr. Culver must produce the license and an application must be made for the license. ~~. Molle stated that the legality must be checl,ed. They are trying to compound this variance and this MINUTES BOARD OF ADJUSTMENT PAGE FIFTEEN SEPTEMBER 26, 1977 Board is being used as a coverup. He believes the City, Building Department and Mr. Culver were aware of the 150 seat license issued in error and also, the 50 seat license was issued in error or illegally. Mrs. Bond questioned his basis for this and Mr. Molle replied that Mr. Culver never had the parking for the 50 seat license issued in 1975 with- out a variance. Mrs. Bond clarified that he was talking about the license and not a parking permit and Mr. Molle re- plied thRt the license requires one parking space for every three seats. Mr. Culver asked if Mr. Molle had sufficient parking when he leased this place? Mr. Molle continued with stating that he believes there should be some legal investi- gation. He believes the 53 parking spaces requested is for a 150 seat restaurant to make it legal. He believes this Board is being used as a coverup. Mr. Healy asked Mr. Nolle if he had made an investigation and Mr. Molle replied: yes, by requesting copies of all the per- mits issued. Hr. Healy asked how many parking spaces were needed for a restaurant with 50 seats and Mr. Reehr replied: 17. Hr. Healy asked if there was a license there for 50 seats and Mr. Molle replied that he believed so; he believes the 150 seat license was rescinded and there is now a license for 50 seats with Hr. Howell's signature. Mr. Keehr verified that R 50 seat license has been issued. Mr. Healy stated that 53 parking sl~ces were not needed now and Mr. Heehr agreed and stated that only 17 were needed. . Mr. F.. A. Horan, representing the Lyman family owning property immediately adjacent to this street, appeared before the Board. He told about Hr. Lyman calling him from out of state request- ing him to represent him as being very much opposed to this variance. This family originally donated half the street and it was supposed to be left open for access to the waterway, but it was closed off. ht.the present time, they own two large pieces of property with one leased to Mrs. Hall for parl~ing. The other piece is directly accessible from this two way street and if it is blocked up any more than now, it will close off the eastern access to their rental property. Hr. Lyman is very much conc0rned about this going through. It would have an 8dverse effect on his property. Also, the property Mrs. Hall is leasing will probably be open for the other businesses and it will be necessary to have access from thiR street. Chairman Bailey asked why Mr. Lyman was not present and Hr. Harem explained that he was in Atlanta because of illness in the family and would return on Thurs- day. He added that he handles .the legal and banking affairs for the Lyman family. Mr. C. King, 760 East Ocean Avenue, appeared before the Board and stated he was interested as a resident of Boynton Reach. As he understands this application, Mr. Culver MINUTES BOARD OF ADJUSTMENT PAGE SIXTEEN SEPTEMBER 26, 1977 has asl~ed for a variance for 53 parking spaces which was pre- dicated on a 150 seat license which he does not have. How can this application be considered at this time? Chairman Bailey replied that it was his opinion that this goes back to 1976 when this Board gave the Two Georges Marina their first variance to rebuild W}lf~t was there and at that time, there was a license issued on October 1, 1976, for 150 seats. After the variance was granted, Mr. Culver had a certain per- iod of time to st~rt construction, but ran into a flaw with parking. When the parking case came before this Board, it was passed; but the following day, it was found the 150 seat license had been issued in error. At that time, the License Department recalled the 150 seat license and re-issued a 50 seat license. This has all resulted in this controversy before the Board at this time. Mr. King replied that this answer was not acceptable and asked if the Board had a legal opinion on whether this application is valid today since the 150 seat license has been rescinded? Chairman Bailey replied that the Board did and it is his opinion that it is valid according to the legal opinion submitted. Mr. King asked if Mr. Moore had stated this is still a legal application and Chairman Bailey replied that from Mr. Moore's letter, it was his interpretation that it is, but other members could have other opinions. Mr. King then asked Mr. Ward if Mr. Culver has used these same 11 parking sraces rreviously for other applications be- fore the Board of Adjustment and Mr. Ward replied that he had not to his knowledge. Mr. King stated that he has been told that these same 11 spaces were used for the drift boat, restaurant and another time or three separate times and now they are coming up again. Mr. Ward replied that this was not true since he has been on the Board. Mr. Fing then asked if anybody had totalled the spaces needed for the entire operation an.d Mr. Ward replied that he didn't know what the total operation would be. Mr. King stated that the City Building Department should know. There is the Two Georges drift boat, bait and tackle shOp, and restaurant and each one requires so many sraces. He cannot see where this particular application is valid today. He thinks it should be rescinded since it is not valid. It was passed on a license which was issued in error, which has been rescinded. This application is null and void. Mr. Ward replied that he did not think the Board could void it unless Mr. Moore stated this in his opinion. Mr. King stated that it could be turned down and Mr. Ward agreed if the. Board ignores Mr. Moore's memo stati~we should rehear it. Mr. King stated that hie feeling as a citizen of Boynton Beach is that this Board has functions to protect the interests of the citizens of Boynton Beach. This situation is asinine in toying with a problem which should have been thrown out. It is based on a license MINUTES BOARD OF ADJUST~~NT PAGE SEVENTEEN SEPTEMBER 26, 1977 '- which no longer exists. Mr. Rutter replied that a license does exist for 50 scats and r~. King clarified that the li- cense does not exist on which this application is based. This application was based on a license for 150 seats. This application is dead. Mr. Rutter referred to the tally of parking spaces for the fishing boat, etc. and asked if so many spaces were required for every place of business other than the restaurant and Mr. Keehr replied: yes. Mr. Thompson also referred to this being a tourist attraction and asked if it was necessary to have spaces for the tourists' parking and Mr. Rutter added that sometimes 50 people were there to watch the boats coming in and purchase fish. Mr. Keehr informed them there were parking requirements for marinas with one space for each slip being required plus adequate parking for businesses such as restaurants, motels, etc. Also, in reference to this area, it is a grandfather situation which he thinks there is no answer to. ~rr. King stated that he does not object to Mr. Culver having a pl~ce to park cars. As a resident of Boynton Beach, he wants to see this Board function reasonably following the guidelines. He thinks they are dealing with a matter they have no business dealing with. Their interest should be a vote of no. The application is based on a license which was rescinded. How can this application be valid? Mr. Ward re- plied that he might agree with him, but the Board is acting on a legal opinion. Mr. King stated that he would like to see that legal opinion because it is probably dealing with something else. Chairman Bailey informed him that a copy would be mailed to him. Mr. Ward referred to not knowing how the Board is going to vote, but explained how it was just not possible to get 50 parking spaces out of 10. Chairman Bailey ascertained that nobody else desired to speak in op!,osition. Mr. Healy requested that Hr. Culver be called back again and Chairman Bailey replied that if this was done, anyone who spoke in oprosition would also be given another opportunity. Mr. George Culver appeared before the Board. Mr. Healy re- ferred to the June 13 meeting and stated that the application was for a variance of 53 required parking spaces to 11 and Mr. Culver agreed. Mr. Healy referred to this being based on a 150 seat license which he no longer has and asked if he needed the 53 spaces and Mr. Culver replied that in the future when remodelling the restaurant in the same size build- ing, he could meet the requirements for 150 seats. Mr. Healy asl\ed when the restaurant would be converted and Mr. Culver replied within the next two years. Mr. Healy asked if he felt he could get a permit and Mr. Culver replied that he does have a variance to rebuild the present building. MINUTES BOARD OF ADJUSTMENT PAGE EIGHTEEN SEPTEMBER 26, 1977 \ "-- Mr. Healy referred to him wanting to enlarge the restaurant and Hr. Culver clarified that he could get 150 people in the current size and there are 150 seats now. Mr. Healy referred to most of these seats being on the patio and Mr. Culver agrced but added thts was allowed. Mr. Adelman referred to a statemcnt from a building inspector that this restaurant would only qualify for 96 scats and Mr. Keehr clarified that at the time it was in81~cted for the 150 seat license, the inspector noted that at that time, it was only large enough for 96 seats. Mr_ Thompson stated that it was also pointed out by the Building Official that it will accommodate 150 seats and Mr. Keehr 8greed that Mr. Howell did state that this could be done by utilizing the exterior area. Mr. Ward asked if the 96 referred to only the inside of the faci- lity and Hr. Keehr rcplierl that he really did not know. Mr. Healy referred to the ratio not being remodelled and Mr. Culver agreed. Hr. Yeehr cIari.fied tha.t people could sit out in the open and it would be constituted as part of the restaurant. Mr. Healy clarified that at the present time, 53 parking spaces were definitely not needed. Mr. Culver staten that this has been a restaurant for over 25 years and he does not know wh.::J.t. the reference is with having the license being illegal. ~tr. Braly referred to the patio being added during the past few years Cl.nd Mr. Culver agreed, but stated that i.t has been operating as a restaurant. Hr. Healy stated that he never had a restaurant for 150 seats and Mr. Culver replied tllat he did from October 1 to June 14. Mr. Healy referred to it being issued in error. Mr. Culver then stated that a lot of lies have been brought up by the oppo- sition, mainly Mr. Molle. Chairman Bailey aSKed if anyone wanted to speak in rebuttal. Mr. Holle ::lfl'eelred before the Board and stated that in order to have 150 seats, the patio was included and Mr. Keehr clari- fied thnt the vari.ance was. to rebuild the building in the dimensions as it exists. Whether the patio is being rebuilt, he does not know. The dimensions of this property go beyond the patio. The builning may be rebuilt at the dimensions which exist and the patio may be included as part of the seating capacity with or without the roof. Mr. Molle asked if a permit was issued for the patio and Mr. Keehr replied that he did not know, as it was built before he was employed. Mr. Molle asked if a setback variance was obtained when that was built and Mr. Keehr replied that he did not know. Mrs. Janet Hall appeared before the Board again and stated at the meeting previously when the original variance was granted, she made the statement that the restaurant had a license for 50 seats and was called a liar. Again this has happened tonight. She and Mr. Molle have not stated lies. She verified her statements the following day by going through the applications. When this was brought to the attention of MINUTES BOARD OF ADJUSTMENT PAGE NINETEEN SEPTEMBER 26, 1977 the City Manager and City Attorney, naturally the license was immediately withdrawn for 150 seats because it was not valid. The license was in Mr. Culver's pocket and not on the wall of the restaurant. The person operating it had no knowledge of the existence of a 150 seat license. The 150 seat license never appeared in the restaurant. If we have made any state- ments in opposing this, we are ready to prove them and sub- stantiate them. Mrs. Hall then asked the Board if they were here to uphold the rights of the citizens of Boynton Beach and other property owners, here to prevent a hardship created by some City ordi- n:mce, or here to try to figure a way to permit Mr. Culver to get from 50 to 150 seats, which is ex~ctly what they would be doing unless this request is denied which substantiates what Mr. Holle said is an attempt to use this Board to legal- ize something it is not. She knows they cannot become aware of all situations. She is not in competition with Mr. Culver with not running a restaurant, fish market or drift boat. She feels unless this variance is denied, the Board is doing exactly what was intended to upgrade a 50 seat restaurant to 150 seats. There is no hardship and it is just using the City to do something aginst the City ordinances. Mr. Ward replied that he has tried to use his better judgement in listening to the people. He is a resident of Boynton Beach. He always ca<ts hiG vote for what is fair and just for every- body. Hrs. Hall replied that she thinks all the members do, but hopes they are aware of all the facts. Mrs. Bond asl~ed if a 50 seat restaurant would be permitted to have a liquor license or if 150 seats were required and Chair- man Bailey replied that he thought it was more than 50 and possibly could be 150. Mr. Thompson added that it depends on the license and even though having the seating capacity, it does not mean a liquor license will be issued. He does \ think 150 seats are required. Chairman Bailey referred to having receive~ correspondence and Mr. Healy read the attached three page letter from Mr. Charles Rodriguez dated August 15, 1977. Chairman Bailey added that copies of this letter had been distributed to all the members by the City Clerk's office. '" Chairman Bailey then announced that at this time, we have to come to a decision and the floor is open for a motion. Mr. Rutter questioned the kind of motion and Chairman Bailey stated that a variance was originally granted for 53 parking spaces, but since that time a motion has been passed to re- consider the granting of that variance. We must either go with the Board's original decision or rescind that original decision. MINUTES BOARD OF ADJUST~~NT PAGE 'IWENTY SEPTEMBER 26, 1977 Mr. Rutter made a motion to rescind the Board's original variance granted on June 13, 1977, seconded by Mrs. Bond. Under discussion, Mr. WRrd questioned what we were rescind- ing to and Mr. Rutter replied to a clean slate. Mr. Rutter stated that he thinks tonight we had a most thorough discus- ston regnrding the parking conditions and facilities in the subject area. Based on the new evidence brought before this Board regarding the changing of the license from 50 to 150 seats, he would lihe to start the record clean by doing away with the original approval of the variance. Mrs. Bond added that she seconded the motion to prevent a hardship on the fellow members of businesses in that particular area. Mr. Ward clarified thnt he wanted to know where this leaves the situation. This would mean that no variance has been granted for the parking and is the same as before applying for the variance and Mr. Rutter agreed this was his intent. Chairman Bailey clarified that if a variance 1s rescinded which has been granted, it is put bacl>;. to its original point before being approved. Mr. Thompson stated that this would mean that the property cannot be improved and }~. Rutter clari- fied that it would be going back to the variance granted for the parking. Mr. Keehr informed the Board that without park- ing, the building cannot be rebuilt beyond the extent of the parking there now. Hr. Ward stated that the parking there now covers the seating capacity for 50 seats and Mr. Reehr informed him that there was not ample parking there now for 50 seats, but 17 spaces were required. There are 11, but he does not know if they all can be designated for the restau- rant as the charter boat, etc. must be considered. Mr. Healy stated that if this application is rescinded, it cannot be heard again and this application will be destroyed and Mr. Culver will have to rc-apply with another application and Mr. Adelman clarified that the variance was being rescinded. Chairman Bailey clarified that we are re-hearing this case from the point where the application stood, from the point we made the motion to grant "it. If we rescind it, i t wi~l be back at the point of beginning. We will return to the point where we granted the vAriance. There ts a possibility if it goes back to that point, if the variance is rescinded, this Aoard can possibly make suggestions or come up with a workable situation in this case. We know there is a 50 seat license and a certain number of parking spaces are needed. There is the possibility that a variance could be granted for the necessary amount of parldng spaces for a 50 seat license. Mr. Ward referred to not having an application for less than 53 parking sl~ces and Chairman Bailey informed him thts could be handled under special conditions of the vari- ance being granted. It would be the same as a time limit being set. The rules do allow exceptions or certain condi- tions to be inserted on which the variance is being granted. t~. Thompson agreed that we do have the right to put in stipulations and it could be for 17 instead of 53. We also MINUTES BOARD OF ADJ'US TMENT PAGE TNENTY-ONE SE}~MBER 26, 1977 may drive the man out of business and Mr. Ward disagreed. Mr. Thompson stated that we would not allow the business to be improved and Mr. Rutter clarified that we have agreed to let ~~. Culver improve the existing facilities, but now we are getting to the point to extend the parking for the non- conforming building with no land being available. We are saying th8t the necessary requirements must be conformed to and Mr. Healy questioned how. Mr. Adelman referred to the suggestion to grcmt :t variance for 17 sraces instead of 53 and Mr. Ward agreed and questioned why the original variance had to be rescinded. Chai.rman Bailey clarified that the v8riance has been grnnted and if it is going to be changed to ~nother alternative, then it should be rescinded and started over. Mr. Thomps0n clarified that he was questioning whether this could be done without i1dvertising, etc. Mrs. Bond ex- plained how new evidence had been presented and suggested trying, to reach a compromise. Mr. Thompson clarifjed that the motion was to rescind their vote and also come back with another motion and Chairman BaileJr agreed. For further clari- fication, Mr. Henly read the paragraph from the Board of Ad- jus tmen t outline reg.:Jrding their powers. As requested, Mrs. Yruse then took a roll call vote on the motion as follows: Mrs. Bond Hr. Thompson Mr. Ward Hr. Rutter Mr. Zimmerman Hr. Healy Mr. Bailey - Yes - No - Yes - Yes - Yes - Yes - Yes Motion carried 6-1. Mr. Thompson made a motion that Mr. Culver be allowed to improve his property for a 50 seat capacity restaurant with the necessary parking Gf'ace's, which is 17. Hr. Adelman' sug- gested giving the vnriance down to 11. Chairman Bailey then ascertained there was no second for the motion. Mr. Thompson requested that the floor be ope:1ed for discus- sion of the variance necessary for the parking spaces for a 50 seat restaurant. Mr. Keehr informed them that 18 would be required plus one for each two employees. It has been stated that with a 150 seat restaurant, six employees would be needed, but he does not know if that is to remain. If so, it would require three more parking spaces or a grand total of 21. Mr. Ward questioned the requirements for the fish house, boat, etc. Mrs. Rond then asl~ed Mr. Culver how many employees he has and Mr. Culver replied: six. Mr. Healy asked if he operated the restaurant at the present time and Mr. Culver replied: no. MINU TES BOARD OF ADJUSTMENT PAGE 'IWENTY-TNO SEPTEMBER 26, 1977 Mr. Healy asked if he had the authority to answer this ques- tion and Mr. Culver replied that he does not operate it. ChBirman Bailey asked if he had charter boats there and Mr. Culver replied that he has two charter boats. Chairman Bailey asl~ed how many slips Vlere available and Hr. Culver replied that he has rrivate slips and two charter boats. Chairman Bailey questioned the parkine requirements and Mr. Reehr informed him it was one per boat slip. Chai.rman Bailey asked how many were tllcre and tlr. Culvpr replied: 20, but he believes they are grandfathered. Chairman Bailey clarified that 17 were required for the drift boat and Hr. Culver disagreed and stated they wpre not required by law. Chairman Bailey clarified that the total need was 41 parkine BI'acos and Mr. Culver replied that they were just talking about the restaurant. Chairman Bailey stnted thnt he wanted to make it permissable for him to oper- ate without having to come before this Board again. Mr. Culver stated thCl.t it was his understanding that a vari- ance was given for the 25 ft. setback and to rebuild the restaurant as it waG. 1~e 50 seat license was in effect under the grandfather clause and no parking was needed. He only came bacl~ because of the 150 seat restaurant. Hr. Keehr in- formed him this was not correct as if the building is rebuilt, the required parking laws must be adhered to. That is why a rermit could not be issued for the building because the park- ing was not approved. Chair~an Railey referred to the build- i~g being rebuilt for the same use and questioned the require- ment for the addjticnCll r~rldng and Hr. Keehr replied that it was required becauEc the building was being rebuilt. r.hairman PAiley asked Mr. Culver for a figure of how many park- ine; s: aces would be needed for the restaurant and f1r. Culver replied that 17 were required as stated plus three for the help. Chairman Bailey clarified that 21 would be needed to continue the way it is now and Mr. Molle replied that nQthing was needed as it could stay as presently under the grandfather clause. Mr. Keehr informed the Board that the Building Official said the variance for the building would not hold up until a park- ing vr01riance is gran ted. Chairman Bailey clarified that this meant if a variance is not granted for the pnrking, the build- ing must remain the same and nothing can be done with the variance granted last December and Mr. Keehr replied that Mr. Culver can only do wh...~t he is doing now. Chairman Bailey clarified that it could not be rebuilt and be brought up to the building code and Mr. Keehr'replied: no, as he does not have adequate parking. Mr. Keehr stated that the permit issued is for part of the building and Mr. Ward clarified that it was for the fish shop and storage. ~1r. Yeehr agreed and stated it was approved after the parking was approved. Mr. Ward clarified that the MINUTES BOARD OF ADJUSTMENT PAGE TWENTY-THREE SEPTEMBER 26, 1977 restaurant was not incltrled and there was more than one per- mit and Mr. Keehr agreed and added that it could be done in phases. Mr. Ward referred to the time stipulation in the variance granted and Hr. I(eehr explained 1hat it was picked up late. Chairman Bailey then asked how Hr. Culver's case was progress- ing in court and Mr. Culver informed him that the restraining order was lifted and he had an inspection made. He will call for another inspection within 30 days of September 19. Chair- man Bailey clarified that he was granted a variance to rebuild provided the permit was secured within 90 days and Mr. Culver agreed and added that he was also required to have an inspec- tion every 90 days. Chairman Bailey stated that the City re- quires inspection in 90 days or the permit expires and the Board stipulated that he had to secure the permit within 90 days. He believes it waG exactly six months after this took place and Mr. Ward is concerned whether the time limit was met. There has been some discussion about the interpretation of securin~ a permit. Mr. Ward stated that he knows a permit is not valid until the contractor picks it up and the permit was not picked up on time. Mr. Keehr clarif;ed that no matter when Mr. Culver picked up the permit, this Board did approve the parkin~ for that building. The building was approved and a permit could have b' en issued, but then that approval was reconsidered. Mr. Thompson referred to having previous dis- cussion about this and stated they were just trying to tie Mr. Culver up. Mr. Ward asked if he was doing his own work and Mr. Culver replied that he could not because it is com- mercial property. Mr. Culver stated that he paid his fee, but the Building Official would not give the permit to the contractor because of the parldng question. This is just getting down to nit picking. He has already been blackmailed by the Fire I1ar- shall requiring him to install a fire hydrant. Florida Power and Light Co. has also charged him to move the power lines off his property. Hr. Reehr then stated that to clear up the question, Mr. Culver did not pick up the permit within six months and this is a true fact. Chairman Bailey then declared a five minute recess to allow !'-1rs. Kruse to get more tapes. He called the meeting back to order at 10:25 P. M. Mr. Keehr stated that rTr. Howell was holding up the permit for approval of the parking. Mr. Ward stated that the park- ing situation came into light later as at first, the contrac- tor would not sign it. Hr. Reehr stated that Hr. Howell said he would not issue it until the parking was approved. MINUTES BOARD OF ADJUSTMENT PAGE TWENTY-FOUR SEFTEMBER 26, 1977 Chairman Railey then ashed if Hr. Keehr had any suggestion to the Board on what kind of variance would help Mr. Culver at this time and Mr. W~rd objected because the Building Official is here to answer questions. Chairman Bailey clarified that this was a question for the benefit of the Board. He then requeGted suggostions from the Board members. Mr. Ru t ler re feIred to double decking parldng facilities and nsl'.cd i.f it VlflS wi th:i n rear,('ln. Hr. Healy st8ted thrlt we nre now at a point where we are a little more informed than on June 13 when the variance was ~ppr0vcd. We arc back to where we started. Mr. Culver has an option: he coul~ withdraw the application and apply for another v~riancc or if rejected on the permit, he could apply for a variance on that objection. Mr. Culver stated that he is a businessman and has made some money in this town and has helped the town. He has made a good living and only wants to improve his property. He has been before this Board for one year and it seems like every time he turns around, there is some block put in his way. There are new laws, but :i.f ho had the money to improve the bUildinG ten years ago, he could h3ve done it and not be concerned wi th tl10se laws. He thinks personally, as a busi- nessm.:-tD , that when they rezone, consideration should be given to thn existing propertjes. He does not think a setback should have been put in t~At area. He is just trying to im- prove his property. He is just asking for relief. He as~ed for a rarking variance because the City Planner told him to. He is confused. He Imows how to mah:e a dollar and sell a fishinr; trip, but thinhs this is nit picking on some things. There was a one day difference in securing the permit, but if the man was there, it would he.ve s till been held up. Mr. WClrd sounds li1,e he doesn't want him to do anything. Ifl he had his way, he could not do anything. Mr. Ward replied that was his opinion and he C1'l.n interpret Hr. Culver's actions fao and so far, he is beginning to doubt some. Mr. Healy stated that there is evidence that the license for 150 seCl.ts was given in error and a judgement must be made on that. Mr. Thompson replied that has all been rescinded and we are bacy to the 50 seating capacity and parking space to operate that. This is entirely different from the boat in- dustry which was grandfathered. Mr. Culver needs the parking to operate a 50 seat restaurant. Mr. Rutter requested his sue;gestion and Hr. Thompson repl1ed that 10 parking spaces are short and he is in favor of granting them so the business can be improved. They do not even have to talk about the boat as it is nlready grandfathered in. Mr. Ward referred to the boats possibly not being grandfathered and Mr. Thompson MINUTES BOARD OF ADJUST~~KT PAGE TWENTY-FIVE SEPrEMBER 26, 1977 called on Mr. Reehr and Mr. Reehr replied that the boats are grandfathered. He clarified that the restaurant is being re- built and parking is needed for the restaurant only. Mr. Ward asl:ed about the other parts and Mr. Reehr informed him it was stora~e and office and two parking spaces are utilized for that and 11 are left. He needs a total of 21, so 10 are still needed. Mr. Rutter asked if 21 par}{ine spaces could ~ctually be marp;ed off and Mr. Thompson replied that the variance would be for 10 as there are only 11. Mr. Rutter asked if 11 could actually be marked out and Mr. Culver re- plied: no. Mr. Rutter asked where they were located and Mr. Culver infor~ed him there were 11 on his property. He has 13 and the new building requires two. The spaces are marked ou t on his property. Also, he just landscared it and there are par~ing spaces going from the restaurant west. Mr. Putter explained that he was also sort of a businessman and liked to go where the business is. He believes all the people in this area could benefit by more attractive places and the City and everyone wou1d also benefit. However, he had no idea about the parking facili t5es. tir. Culver" added that fishinG i.s the biggest thing in this town. He knows the customers and knows the people settled here because the fish- ing was good. Mr. Thompson made a motion that a variance of 10 parking spaces be granted in order to occupy a 50 seat capacity restaurant, seconded by Mrp. Bond. Under discussion, Mr. Healy clarified that instead of granting 53, it was being r0duced to 10. Chairman Bailey added that a total of 21 were required. Mr. Rutter added that this would prevent it from going over a 50 seRt capacity restaurant. There was further discussion of the actual relief being given and then Chairman B~iley clarified that instead of giving relief from 53, it is relief of 10. We are not going to give the 53 requested, but only the 21 required. If we don't give 'the requested 53, he cannot get 150 seats, but with 21, he can get 50 seats. Hr. Healy asl\:ed if the request was being changed and Chairman BRiley replied t~1 at the Board does not have that right, but the application asked for 53 and we are only giving 21. The stipulation is to grant the vari- ance with only 21 pi-lr1dng sraces instead of 53. Mr. Keehr supgested that it be written in the nature of the notice th~t t~e reduction is in the required parking of 21 parking spaces to 11 parking s~aces. As requested, Mrs. Kruse took a roll call vote on the motion as follows: Hrs. Bond Mr. Thompson Hr. Ward Mr. Rutter Hr. Zimmerman Hr. Healy Mr. Bailey - Yes - Yes - No - No - Yes - No - No r1otion failed 4-3; variance denied. MINUTES BOARD OF ADJ'U5TMENT PAGE '!WENTY -5 IX SEPTEI1BER 26, 1977 Other Business Mr. Ward referred to the August 22 meeting when there was a vote of 4-2 and the motion carried and referred to being in- formed t~lat a vote of 5 was required to pass. Chairman Bailey asked if it was referring to a variance motion or administrative and Mr. Ward replied t~at it was not for a variance, but five votes were still required for administra- tive. Chairman Bailey disagreed and stated that five were only required to grant a variance and Mr. Ward disagreed. Chairman Bailey informed him that according to Roberts Rules of Order, a majority of the quorum carries a motion, but the City Council has required five votes to grant a variance. ADJOURNHENT Mr. Rutter made a motion to adjourn, seconded by Mrs. Bond. Motion carried 7-0 and the meeting was properly adjourned at 10:50 p. M. Respectfully submitted, ^ // ,-) ~L"/ IVa.Jl.l--x~Y7( / ~-;~ ~\::2<-./ SUzanne M. Kruse Recording Secretary (Four Tapes) 720 East Ocean Avenue Boynton Beach! Fla. 33435 August 15, 19/7 Mr. Derle Bailey Chairman, Board of Adjustment City of Boynton Beach Ci ty Hall Boynton Beach, Fla. Dear Hl:-. Bailey: The Board of Adjustment has scheduled a meeting for August 22, 1977, and will again have on the agenda at that time what has been represented by the Board as a valid ap- peal filed with it hy George W. Culver. This appeal wa~ last on the agenda of the Board at the meeting of August 8, 1977. On August 8th, you, as chairman, made procedural rulings represented as being based upon applicable sections of RObert',s Rules, the standard of parliamentary practice in accordance with which the Board of Adjustment is required to conform. The effect of your rulings was to limit the possible action currently available to the Board members following upon their action of July 7, 1977 to reconsider the still earlier action taken by the Board on June 13, 1977 granting the variance sought by George W. Culver. A summary of the events leading up to your rulings, and following upon them, is presented herewith in the hope of avoiding additional c~nfusion, and, in fairness, to seek to establish an agreed upon record: \ 1. positive performance began when a Board member moved the reapproval of the variance granted George W. Culver on June 13, 1977, 2. this motion was accepted by the Chairman, but in the absence of a "second", it failed, 3. another Board member then moved to amend the lar1ier action to approve by reducing the extent I~f the variance to' be granted to the level of . . . ~:'v ~~\.J~':"I the minimum relief properly available to the JI ' ,J .I/';t' applicant, L" (I, 'F \, \ I/! ,i L ll" 1..1 '() ~:v I ',- I ~ I 1 \., II} , I' l' ./ ..{ /(17 \~.v'~, ,t~\../:\.,,\ \.1: ~/v r ~/. ',.\) \) ~ 1\," \t ~ l\(,~ n /,', tf '<. {I\ ~ 'J~~ll'''C'I\. (v' LI:\C/\~I/i 'L \,' /'VJ. '-tb J.t~ II J' I\t..\' JI J ~ ~\. til. . ~,7 b ~ .\- ' '1\--' ,v y( l, )\ ,\, ~ I.; ~ '\ I, ~'4),~\"j,)\c'\ . ~\t: \!~j{ - 2 - 4. this motion to amend ~.;ras. "seconded fI, 5. the Chairman then ruled the motion to amend could not be accepted unless, and until, the Board would approve a further action to rescind the variance approval of June 13, 1977, even though the Board had previously adopted, on July 7, 1977, a motion to reconsider the action of June 13, 1977, 6. while the Chairman had not so ruled on the earlier motion to reapprove, but, in fact, had waited patiently through a period of time for a "second" to be offered on the motion to re- appr.ove, the maker of the motion to amend ac- cepted the ruling of the Chairman, 7. the maker of the motion to amend withdrew that motion, and then offered a motion to rescind the Board's action of June 13, 1977, 8. this motion was "seconded", but, when a tie vote resulted from a roll call, the Chairman tabled the motion to rescind, and the next meeting was scheduled for August 22, 1977, and, 9. normally, the business of the Board would pro- ceed from this point at the meeting of August 22, 1977. This letter represents my formal r.equest that the errors of interpretation which were responsible for these events, and for the conclusion reached, be corrected in public session, and that the matter of the applicatiqn and appeal by George r,~. Culver be restored to a status permit- ting proper address. 1 now make this request as the rep- r.~sr:mtative of Coastal 'T01:vers Condominiun, Inc.. The fol- lOHing ci ta ti ons from the copy of 1(0 bert's '~ul es a vai 1a b 1 e in the Boynton Beach Public Library constitute the basis for this request. From Robert's Rules, section 6, page 66 - flThe motion that has taken the form either to Rescind or Amend Something Previously Adopted is an inciden- tal main motion because a) it brings business be- fore the assembly by its introduction and b) when it is voted on, business thereby ceases to be pend- ing. By contrast, two other motions in this class, Heconsider (as applied to a main motion) and ~ - 3 - From The Table, do not bring a question before the assembly by their introduction, but by their adop- tion which automatically causes a main question to become pending." and, Section 36, page 274 - "The effect of the adootion of the motion to Recon- sider is immediately to place before the assembly again the question on which the vote is to be re- sidered - IN THg EXACT POSITION IT OCCUPIED THE M01'-1ENT BEFORE IT t.JAS VOTED ON ORIGINALLY." (The underscoring represents italicized material in the text. The capitalization is mine for indicated emphasis.) If you remember, I became, I admit, somewhat upset at the time you made your rulings during the meeting of August 8th. I '(vas tempted to ask then that the copy of ~obertts Rules, which I felt would at all times be avail- able to the members, be consulted. However, as 1 was new to these proceedin3s, I decided it would be more proper for me to research the questions and to present my findings should my initial concerns prove well founded. I hope this letter will prove helpful to you, and to the other members of the Board, and that you, as Chair- man, will comply with our request that you restore this entire question of the application and appeal of George W. Culver to tithe exact position it occupied the moment be- fore it was voted on originally." 1 have accepted the suggestion you made after the meeting of August 8th, and qutside City Hall. I have no";,, read all of the related minutes most carefully, and I have gone through all of the folders and records pertaining to the applications and appeals of George W. Culver,and on file in the office of the City Clerk. I have learned much, and I intend to make a more informed and documented pre- sentation on behalf of Coastal Towers on August 22nd. Thank you for your suggestion, and for your assis- tance in the matter of this request. ,Very truly i\ours, { a:v~ ~ .l.I~?\'-'Jz/ ~arles F. . Rodri(~J () - lrrj~1~ ~ Sea ?!tidt ?!t4'tUta 11m I Outliiiiird ! ~ Complete Marina & Service Facilities HOflle of ti,t gnll(lfIJ Boynton Fishing Fleet Off Ens! Ocean Avenue BOYNTON BEACH, flORIDA 33435 Phone 732-9974 Hoisl - Dodcage Bail - T oc/de I} I/wsr.2:< 1/977 r ()-.(,/77 &~R.D (IF" A P:Tc/57.Mi:NT CITY 0 F BOYN7D/V gEACH .t;, IJ-Oll: ~ At\JO (fl?'lJrJ..e/Vl FA! ; We tYeE O{fpDSI?O To ,HE G-R/lNT'/A.){", OF II-tiS PA-ICKJN6 V-AR./AIVCE' oAJ .A- tJA.Jt 8LOCk LOlJb SrlZel:i"7 A-L-- RL~IUJ'/ BUIt'/)trIVEt) By c.'t>AlCPIJTRATP"D J/I?Hlc~ 7/rA--FRC. !jNlJ P/1-lZkINc" Fol2 T#G" 8VSIAleS..J'FS LOCA ref) 77-IE:78G" /Vow. '/HI5 LJoIJf2JJ J:-XIS/'5 /0 PICu/p;C7 F,4II2LY .4 L-L. of v.s; PlfbM UAJIJ Vi?' flA/?JJSHlfl t~Sef) {] i' CI7Y oRtJlA/AIl/CD. THE /f't::7YU€ST BCPtJI'l/; Yol/ ,vow )5 AIZ- A /l/UM/.3E/2.. OF PlJ/2klvc:' SP~LT.f MGlCH IN &X CS-SS ()J= TJ./-4- T I?Ct>Ulte~P ;F/Jfl THF' /3VSINP-.JS l/loW OI/ElZYf-71A/&.; /J-/e?2I:.--rGJ/ZL?' VEAJY/A/& IT WILt., 162.r CA-U..5~ A- H/7,eDSHij2 715 7Hi?' pl:7/ ~AJE';e ~ BUT - l3y .4LL/)w/~6 /H/5 /4/Clee7fJE' -THe Bv/H2L) /TSFL/="" tvl'-'- BE' Cee/f 7/'/1/{, A HA-(JOSl-llfJ ~/2, rHO' /vveLL/ E 0 TH ~/C. B v..s I A/e ff ES ./VlJ tJ ,(OC.1 /,e-LJ (),v "/H-"'J-7 DA./e' ,BLoCK. pieAs,c- CuA-lSlocl2 PleSS- P*r5 IN YtJ UI?- 1.Jt; 7e~/"v/J-7"~i)ItJ..s, /h'/;-/U/C 0 tJ I ~v?~~~~ ~J tv )Jlul./ /!t."'?~'!~. I...{-';J~'/"'- t.:r"..-,r':/C; ~---~_.,-----_.~~----_._-_._------ MINUTES BOARD OF ADJUSTMENT PAGE SIX AUGUST 22, 1977 Chairman Bailey referred to setting a date to hear this case and this was discussed. Chairman Bailey stressed that it was important to get a sufficient number of members to serve on the Board. Mr. Ward referred to the law being changed requir- ing five members to vote for or against a petition. Mr. Thompson referred to Mr. Zimmerman being away for the month of September and after further discussion, Mr. Thompson moved to schedule this hearing for the fourth Monday in September, seconded by Mrs. Bond. No discussion. As requested, Mrs. Kruse took a roll call vote on the motion as follows: Mrs. Bond Hr. Thompson Mr. Ward Mr. Zimmerman Mr. Adelman Mr. Bailey - Yes - Yes - Yes - Yes - Yes - Yes Motion carried 6-0. Chairman Bailey announced that Mr. Warren George's petition would be heard on Monday, September 26, at 7:00 P. M. Mr. John Jameson, 61.9 Las Palmas, appeared before the Board and referred to this case being before the Board previously and being voted on and now it is being tabled. He clarified that they were asking for seven mbmers to be present five weeks from today and Chairman Bailey agreed they had discussed when they could have seven members present to hear this case. Mr. Jameson asked how many members of the Board they wanted sitting and Chairman Bailey replied: seven, not including him. He added that an alternate would be sitting in for him. Mr. Ward added that it was a nine member Board. Mrs. Bond added that the City Attorney had sent a memo stating the Board must have five affirmative votes. Mr. Jameson replied .that he was fully aware of this. There will be seven members and only six will vote. There will be an alternate to substitute for the Chairman and tonight, there is not an alternate pre- sent. Chairman Bailey clarified that Mr. Adelman was an al- ternate member and there is an absent alternate member and two absent regular members tonight. OLD BUSINESS George W. Culver, Applicant Mr. Thompson moved that this matter be taken from the table for discussion, seconded by Mr. Ward. Motion carried 6-0. Chairman Bailey referred to a motion being made at the last meeting to rescind the variance, but there was a 3-3 vote and this matter was tabled. They are now in the same position MINUTES BOARD OF ADJUSTMENT PAGE SEVEN AUGUST 22, 1977 tonight. If the members feel it would be advantageous to go ahead with this, we will go ahead. He asked for any further comments. Mr. Ward stated he did not want to put anyone in jeopardy. If the opposition or those in favor want to table this, the members can consider that. Mr. Zimmerman clarified that there were two items involved, one is the tabled motion and the other is the request for an extension of time on the first inspection to continue the building permit. Chairman Bailey agreed this was true, but added that the request for an extension of time must be taken care of as Board action and not as a public hearing. Mr. Thompson referred to having the same members present as the last time and stated he did not want to see this matter go through a vote. If possible, he would like to have a member present who has not had a chance to vote on this. Mr. Adelman added that he thinks the vote tonight will not be five either way, but he thinks the people who want to say something should be given the right to speak. Chairman Bailey aSKed if anyone in the audience wished to speak. Mr. Charlie Rodriguez appeared before the Board and stated if the hearing is held and the matter is not going to be decided upon in positive form and will be carried for- ward until the other members are present, then they are in a position of having members voting who have not heard the dis- cussion. His intent is to try to make his point with all the members who would be called upon to vote. If they express themsevles tonight and then another menber is called upon to vote, they will be put in the position of having to go through this allover again and being told they have had their chance to present their argument. He referred to the people having to come again and again to defend their posi- tion and stated it didn't seem fulfilling to try to make a presentation with the person not here who may cast the de- Ciding vote. Mr. Ward referred to most of the members being familiar with this case since it has been before the Board since last October. Mr. Rodriguez stated that the only time they spoke on their position was at the last meeting and the same members are present tonight. Somebody would have to sit on the Board whowas not here the last time. It is not highly desirable to put them in the position to say it is time to hear this case when a decisj.on is not going to be made. Chairman Bailey informed him that all the members receive minutes whether they attend or not. Mr. Rodriguez replied that at the Chair- man's invitation, he read the minutes back to October last year and the Boynton Code and also talked to the Building MINUTES BOARD OF ADJUSTMENT PAGE EIGHT AUGUST 22, 1 977 Official and City Planner and this is not reassuring one way or another. Chairman Bailey replied that Mr. Rodriguez only became familiar with this case Bin~e the last meeting, but the members have been familiar with it since the first of the year and some were members of the Board last year. He referred to the same Board members being present as were here two weeks ago and as}{ed if he and his group wanted to go through this again and end up with a 3-3 vote? Mr. Rodriguez replied that he believed they should accept the decision which was made on the prior case. He does not think they should present their case tonight because the Board is not going to vote tonight. He believes they would rather come back when the members are present who are going to vote. The other petition was tabled in essence for the same reasons applying to this situation. The only difference is that a suggestion was made that they make their presentation tonight. If the voting members are not here for one item, it would apply the same to this item. Mr. Vincent Molle, 739 East Ocean Avenue, appeared before the Board and stated that possibly he misunderstood the City At- torney's decision that they must have five votes for, but not have to have five votes against because it was mentioned that they must have five votes either for or against. Chairman Bailey informed him that this ordinance pertained to a vari- ance and not an administrative problem and he explained. He stressed that five votes were needed in favor to grant a var- iance. Mr. Ward disagreed and stated he thought five votes were needed to deny. Mr. George Culver appeared before the Board and stated he agreed with his opposition. It was a 3-3 vote before and he does not think it will be changed tonight. He requests it to be tabled, but requests a vote on the administrative decision on the extension. Chairman Bailey informed him that the extension request would be decided immediately after this Case. . Mr. Adelman made a motion to table this application until the fourth Monday in September, September 26, seconded by Mr. Thompson. No discussion. As requested, Mrs. Kruse took a roll call vote on the motion as follows: Mrs. Bond Mr. Thomps on Mr. Ward Mr. Zimmerman Hr. Adelman Mr. Bailey - Yes - Yes - Yes - Yes - Yes - Yes Motion carried 6-0. { \ MINUTES BOARD OF ADJUSTMENT PAGE NINE AUGUST 22, 1 977 OTHER BUSINESS Mr. Zimmerman read a memo from the City Clerk regarding Mr. Culver's request for an extension of the inspection deadline. Mr. Vincent Molle appeared before the Board and referred to Mr. Culver blaming everything on the restraining order and stating he had no control and clarified that Mr. Culver di- rectly brought this order about by having a big pair of wire clippers and discontinuing service to the restaurant. Mr. Culver caused this situation. In reply, Chairman Bailey gave him a copy of the extension of inspection deadline re- quest and stop construction order from the circuit court. Mr. Ward then asked why the time needed to be extended for the building permit for inspections as long as he is not doing any construction and Chairman Bailey replied that there was a stipulation that 90 days after the permit was issued, the first inspection must be made or the permit would be void and not renewable. If there was anything to prevent this, Mr. Culver must come back before the Board to request an ex- tension. Mr. Ward stated it was his belief that this Board does not have the power to grant an extension for inspection, but it is a matter for the Building Department. Chairman Bailey informed him that when the variance was granted, J~. Culver was told by the Chairman and he believes it was in the motion and the Board agreed if there was any reason he was delayed, he would have to come back before the Board. He asked if Mr. Culver wanted to comment further. Mr. George Culver stated that he tried to meet the require- ments and served notice on his former wife that she had a certain time to shut down the operation, as he had to shut off the water and electricy to start construction. She did not and he requested the City to shut off the water and he had Florida Power & Light Co. cut the power. An emergency hearing was called before Judge Johnsonsnd the following day the restraining order was issued and Mrs. Culver got the electric and water back on. He waS stopped from starting construction. The Board stated he must call for inspection within 90 days and the judge says he cannot do anything. It was brought ur at a previous meeting if there waS some reason he could not meet the requirements, he should come back before the Board and that is what he is doing. Mr. Molle stated that on the original permit, r~. Culver was a day late in applying and Mrs. Bond replied that the original variance was granted December 13 and Mr. Culver waited six months. MINUTES BOARD OF ADJUSTMENT PAGE TEN AUGUST 22, 1977 Chairman Bailey clarified that the stipulation was that Mr. Culver must get an inspection every 90 days in order for the permit to be valid throushout construction of the project. Also included in the stipulation was that Mr. Culver was not allowed to renew the permit if he went over the 90 day dead- line. Mr. Culver's position now is that he has been stopped by the court. He cannot get an inspection within 90 days and the permit will expire. When the permit expires, he will not be re-issued a permit without having to come before this Board. Mrs. Bond asked if the permit had anything to do with the license and Hr. Culver informed her that this extension was for the first phase and has nothing to do with the other application before the Board tonight. }~. Adelman asked he if filed for the permit before June 14 and Mr. Culver informed him that he did come in and paid for the permit three to four days before June 14, but the con- tractor did not pick up the permit until June 14. He paid for the permit on June 10. Mr. Keehr clarified that actually the permtt was issued to Mr. Culver the day after this Board granted him a variance on the parking for the 150 seat res- taurant. Mr. Culver added that Mr. Howell held up the issu- ance of the permit based on the granting of the second vari- ance. Mr. Ward clArified that a permit is filled out but is not validated until the contractor signs the permit and Mr. Keehr agreed. Mr. Rodriguez commented that each thread leads to another thread. The point has now come up that the actual issuance of the permit revolved around the granting of the second variance. Either it is clear cut that the setback variance has no relationship with the exemption from the parking spaces or is not clear cut. Mr. Culver has represented no relationship and that is fine. However, it seems the permit issuance was based on the granting of the second variance and they must be absolutely certain that the Board members are under no misconception. Chairman Bailey asked if the interpretation was given in the December 13 minutes and frr. Rodriguez replied that the Decem- ber 13 minutes did not come up with regards to the parking. At that meeting, Mr. Howell did attempt to raise parking as a related issue, but the Board chose not to discuss parking and Mr. Culver got a variance on the setback requirements at that time. The construction he was going to do related to the setback variance. They must not get these mixed up. There are two separate items before the Board. Mr. Ward re- plied that he thought it is quite clear. The Board is now discussing the permit situation and parking has no part of this. MINUTES BOARD OF ADJUSTMENT PAGE ELEVEN AUGUST 22, 1 977 Mr. Thompson referred to the dating of a permit and questioned how this was ascertained and Mr. Keehr informed him that an application for a permit is dated, but he believes the minutes read that the permit must be pulled and in order to pull a permit, it must be signed by the contractor. Mr. Ward added that only a contractor can take out a permit. Mr. Culver stated that he wanted to point out that it was brought up by the Building Official, Mr. Howell, unknown to him that he was not going to give him a permit until the parldng was straightened out. No matter if the contractor had gone in the same day, he would not have received a per- mit. This City Official was holding up the permit. Chairman Bailey referred to the June meeting and it being mentioned that a permit had been secured and Mr. Culver agreed and this is the permit he has now. Chairman Bailey clarified that the one regarding parking is still in limbo and Mr. Culver replied that he was granted a variance for a 150 seat restaurant and that is what he has now until another vote is taken and he understands they are going to cut it down to a 50 seat restaurant. Chairman Bailey replied that he did not know what the Board was going to do. Mr. Thompson stated he just could not see how the court would not allow him to move on and this is beyond his control. Mr. Ward added that he could not understand why when the judge issued the order, he did not take this whole thing into con- sideration. Mr. Thompson continued that there were two dif- ferent things with considering the parking and building and the judge stopped the building. Mr. Ward clarified that the judge has stopped Mr. Culver from operating under the permit and everything was stopped relative to that permit including the inspections. The Board instructed him to proceed with construction,.but the judge ruled against it. However, he still does not believe this Board can extend any time for the permit. Mr. Thompson pointed out that the Board set the stipulation. Mr. Adelman questioned the status of the court order and Mr. Culver informed him that right now, there is a court date of August 29, but it keeps continuing one way or the other the same as this Board. Mr. Adelman stated that if an extension is granted, he doesn't know if he could go to work and Mr. Culver replied that if it is settled on August 29, possibly he won't need this extension. Mr. Thompson asked if this could be tabled along with the other part and Chairman Bailey replied that the time is going to expire on September 14 and this Board is not meet- ing until September 26. However, if the Board wants to table it, they may. He has heard many times that the only way of reversing a decision of the Board of Adjustment is MINUTES BOARD OF ADJUSTMENT PAGE TWELVE AUGUST 22, 1977 through the circuit court. In December, Mr. Culver was granted a variance with certain stipulations and maybe the law and common sense did give the impression that if the court is stopping him from working, it should stop all proceedings, but this Board having the power it does makes him feel that only the circuit court can change our decision. When Sep- tember 14 comes along, the applicant will lose all rights granted him because he did not get inspection within 90 days of securing his permit. Mr. Ward replied that only the cir- cuit court can overrule a decision of this Board, but a judge has done this. Apparently this judge should go before the circuit court. Chairman Bailey clarified that it was his understanding that a decision of this Board could only be changed by the circuit court or by the Board. This Board has not been involved with the circuit court yet and he does not see how the circuit court could extend the time by stopping construction. Mr. Zimmerman replied that the matter of per- mits and time involved is not before the judge and the order does not include any mention of the permits and that is this Board's problem. Mrs. Bond referred to No.5 not saying any- thing about building. Mr. Thompson suggested that a 90 day period be granted for the inspection once the decision is lifted by the court. He added that if Mr. Culver does not evict Mrs. Culver, he cannot start construction. Chairman Bailey suggested 30 days so it would get done. Mr. Adelman then made a motion that Mr. Culver be granted an extension of time for 30 days from when the judge grants the final decision, seconded by Mr. Thompson. Under discus- sion, Mrs. Bond referred to the hearing being postponed for a couple months and Chairman Bailey replied that if it was postponed for one year, etc., the final decision is made and then there are 30 days left. in order for Mr. Culver to ~o something. Mr. Zimmerman suggested clarifying the meaning of final decision and referred to the possibility of it going on for years. He suggests tying the time limit down as to the release of the restraining order. Mr. Thompson then amended the motion to state that Mr. Culver be given 30 days extension after the judge releases the re- straining order, seconded by Mr. Adelman. Under discussion, Mrs. Bond referred to this still extending the time forever and Chairman Bailey clarified that it was until 30 days after the release of the restraining order. Mrs. Bond stated that if it takes five years, they would be giving 30 days more. Mr. Thompson agreed this was a good point and suggested plac- ing a time limit on it. It was then requested that the question be called on the amendment and Chairman Bailey requested Mrs. Kruse to take a roll call vote on calling the question on the amendment. The votes were as follows: " .__..~-_.._.~--~-~~.....__.._~._--._-- ~----~-------------'-- MINUTES BOARD OF ADJUSTMENT Mrs. Bond Mr. Thompson Mr. Ward Mr. Zimmerman Mr. Adelman Mr. Bailey - No - No - No - Yes - Yes - No PAGE THIRTEEN AUGUST 22, 1977 Chairman Bailey announced that discuB~Dwas still open under the amendment. Mrs. Bond referred to the possibility of Mr. Culver obtaining a decision on August 29 in reference to the restraining order. Chairman Bailey ascertained there was no further discussion on the amendment and requested a vote on calling the question to vote on the amendment. Mrs. Kruse called the roll as follows: / Mrs. Bond Mr. Thompson Mr. Ward Mr. Zimmerman Mr. Adelman Mr. Bailey - No - No - No - Yes - Yes - Yes Chairman Bailey announced the dlscussion on the amendment would be re-opened. Mr. Thompson stated he would like to withdraw the amendment in view of this tie vote and Mr. Adelman replied that he saw no reason to as it was lost. Chairman Bailey then opened the discussion on the original motion. Mrs. Bond stated she believed there should be a definite time limit. Mr. Zimmerman requested the Recording Secretary to re-read the motion and Mrs. Kruse re-read the original motion. Mr. Thompson stated that if it is the wish of the Board, possibly we should discuss time. Chairman Bailey stated he thought they should take a vote on whether to call the question or ke~p the discussion open. Mr. Zimmerman replied that he believed the Chairman could tall for a vote without consulting the members of the Board. Chairman Bailey replied that he absolutely must consult them. He requested a roll call vote on calling the ques- tion and ~rrs. Kruse called the roll as follows: Mrs. Bond - No Mr. Thompson - No Mr. Ward - No Mr. Zimmerman - Yes Mr. Adelman - Yes, as the Chairman has asked tor discussion and nothing has been brought up and this is just wasting time. Mr. Bailey - No Chairman Bailey announced that discussion was open on the motion made and a decision mast be made. The Board must get MINUTES BOARD OF ADJUSTMENT PAGE FOURTEEN AUGUST 22, 1977 together somewhere. Obviously someone feels something and it should be stated. Mr. Thompson stated he was in favor of mak- ing an amendment with a time limit, which he thinks would be the answer to the problem. Mrs. Bond stated she would second this as a motion and Mr. Adelman replied that no time limit was set. Chairman Bailey clarified they were still discussing the motion on the floor. Mr. Ward questioned the deadline and Mr. Thompson replied that it would be for the court ruling. Mr. Zimmerman stated that 30 days would be a deadline in it- self. Mr. Thompson stated that it just pertained to the restraining order being lifted. He feels within six months the judge should make a decision and if not, Mr. Culver cannot do it. He suggests voting on six months and if not lifted, Mr. Culver must come back before the Board. Chairman Bailey explained how he thought Mr. Culver was in a situation where he could press the issue. Mr. Adelman stated he could not see what the amendment was going to gain and Mrs. Bond re- plied that this case could go on and on. Mr. Adelman ques- tioned what the amendment was doing and Mrs. Bond replied that many time limits have been set on variances. Mr. Culver asked for a variance in December and this is August and he is asking for a continuance which could be continued forever. She thinks 90 days and 30 days after would be time enough for a decision. Mrs. Bond then amended the motion stating that Mr. Culver has 90 days for the judge'S decision and 30 days thereafter to get an inspection. She added that Mr. Culver goes before the judge on August 29 and in the event there is a postpone- ment, he has 90 days to get the injunction lifted and 30 days thereafter to get inspection. The amendment died for a lack of a second. Mr. Adelman requested that the question be called on the ori- ginal motion and Mrs. Kruse. called the roll as follows: \ J.frs. Bond Mr. Thompson Hr. Ward Mr. Zimmerman Mr. Adelman Mr. Bailey Tied vote 3-3 - motion lost. Chairman Bailey announced that a decision must be made or this request tabled, but the next meeting will be September 26, ten days after the time limit expires. - No - Yes - No - No - Yes - Yes Mr. Thompson made a motion that Mr. Culver be granted six months from this date for the judge to make a decision and if the judge makes the decision to release the restraining order, he be given 30 days for the first inspection. The motion died for lack of a second. MINUTES BOARD OF ADJUST~~NT PAGE FIFTEEN AUGUST 22, 1977 Mr. Zimmerman stated that this motion sounded like we were ordering the judge to do something and we cannot tell a judge what to do. Mr. Thompson clarified thRt his intent was to give time so the judge could make a ruling in six months and if the order is released, Mr. Culver would have 30 days thereafter for inspection. He was asking for six months to be given which he thinks is more ample than 90 days. His reason is that many things come before judges and he was asking for six months and trying to be fair to all parties. Chairman Bailey requested another motion and received no re- sponse. He asked for further discussion and Mr. Thompson stated he did not think it was fair for us to make a deci- sion that will actually wipe out everything done to this point. Possibly the Board could meet before September 14 and if the judge has not made a decision, we can consider it then. He believes we may be denying something we have granted. Chairman Bailey announced if a time limit was not settled, Mr. Culver will have to apply for another variance. Mr. Adelman made a motion to grant Mr. Culver the extension of time he is asking for with a limit of 30 days after the judge lifts the injunction against him. He added that he thinks it can probably be settled on August 29. Mr. Thompson seconded the motion. Under discussion, Mr. Thompson stated he felt no litigation would set on a judge's desk for years. Probably it will be settled on August 29. We made our deci- sion and it would be taking back all of what we voted on. Hr. Zimmerman remarl\ed that this sounded like the original motion made with granting 30 days from the time of the re- leas~ of the injunction. Chairman Bailey then asked if there was any objection to calling the question and received no response. As requested, Mrs. Kruse took a roll call vote on the motion as follows: . Mrs. Bond Mr. Thompson Mr. Ward Mr. Zimmerman Mr. Adelman Mr. Bailey - No - Yes - No - Yes - Yes - Yes Motion carried 4-2. Chairman Bailey requested that the City Clerk send Mr. Culver a memo notifying him of this decision. Mr. Adelman referred to the motion being lost and Chairman Bailey replied that the five vote only applied to a variance request and this is an administrative procedure. Mr. Ward referred to have this information in writing and Chairman Bailey replied this was his interpretation. Mr. Zimmerman J PAGE SIXTEEN AUGUST 22, 1977 MINUTES BOARD OF ADJUSTMENT asl~ed the Building Official if this was a variance requested or not and Mr. Ward replied that it was. Mr. Keehr replied that he did not thinl'\. he should get involved in this. Mr. Ward clarified that it was a variance to administrative or- ders and Chairman Bailey replied they could not get involved in the legality. Mr. Zimmerman stated he thought Mr. Moore would be the rightful person and would have the final author- ity and Chairman Bailey replied that Mr. Moore has submitted two opinions. ADJOURNMENT Mr.Zimmerman made a motion to adjourn, seconded by Mrs. Bond. Motion carried 6-0 and the meeting was properly adjourned at 9:15 P. M. Respectfully submitted, t.4~~. ~~ Suzanne M. Kruse Recording Secretary (Two Tapes) 4 . .. -------_._~' . ~ .. It..,)!\' C~<;,O ','..:'1 /-',;t,' / ..,....,-: /'; ,',/ oft " ".1_ ... .;) 1".. .-'V ,"/1.. /-1 / / i? l '- .. '-- : ~ I J ,~ C,. i( f'}-. ? j :.. ".1 o' 1 ) /7/l ,. ,~-: I 'j } 7 .~ / '! ( ,1. ,.J.:",:/~....::s: /"..... 'JI"~~. .;.//,7.0' <, /" ,f (,J / r" (.:"'/J/' "_' / .- .A ',/. , /'''' ...~7/~~/r.~.~-'~f- /)" ," . ~___" . :. , "'" ~ A ,~; /<;. '" 1 ;:"'-e~; r- / ......, , , / / ",-,.I"z. /'-/r /.=,,1.. ~(J? _.-/_~ /' ;...\ ;..i-~ j..' ".'/ /;( . ,/ ~ 17 / ~ .' ,. ''''''''/''~'J ',' \; , I' '-.-r'- / ( / Jj.-- 1..<..). 'T C ...: oL (.. C -> --.-- I:\'i; r " i \ , , \ , ,\ f'''' \ /~'\ ell'! C\ ..,\f' '\:~>>)-- ~.!J2s:;}L~_~'~' -~- -- ---- --- - -. -- - -----..~ TO \ll'fItOM Suzanne M. Kruse Rea:>rding Secretary Edgar E. Howell Building Official DAT~ August 12, 1977 "'LE SUBJECT Correction in Minutes of Board of Adjustrcent Meeting of August 8, 1977 In reading the minutes of the Board of AdjustIrent neeting of August 8, 1977, I wish the following changes be made: Page 4, Paragraph 2, last sentence should read: "Mr. Howell clarified that he believed he was asked if the variance stcx:x1 as it was in the future if he put 150 seats in the building, \\IOuld I be obliged to issue a license and if that variance stood I would be bound by the variance." Page 7, Paragraph 3, first sentence should read: "Mr. Howell e~lained that at that ti.rre the procedure was, when there is an application for a license, a IreIrO is sent from the City Clerk to the Building Depart:Irent." I reC'OIl1l'eI1d that the minutes be rorrected mz MINUTES BOARD OF ADJUSTMENT PAGE FOUR AUGUST 8, 1977 going to court on August 22 and would like the first variance taken into consideration because he does not know if he can meet the restrictions because of the restraining order from the judge. He showed the order~.', to the members. ~~. Adelman referred to his remark that Mr. Howell said it could meet the 150 seat requirements and stated that he never he~rd this statement. 1~. Culver replied that he be- lieved it was stated at the last meeting in response to a question asked by ~~. Ward. 'Mr. Howell clarified that he be- lieved h~ was asked if the variance stood as it was in the . future if he put. B.aats in. the. building, would. L be ob- lige<ito issue. a- :.aF-iance ancL iL that~ variance stood I. would' b~_ bound by' the- var .~ Ji, _. () . _ _' i/ ;-t::.< .L.- -I"\:-.- L--.:... p' 11r. Howell then referred to Mr-:..- ement that. the variance would be .for:-1T spaces plus' 6 and clarified that the-:ordi1j.ance require-a 17 spaces and Hr~.Chlver has 11 and this variance' would~ be for- 6- plus: whatever is . needed' for the' help_ -' . -. - Brs. Bond clarified that Hr~ Culver came before' this Board to app~y for a variance for t50 seats originally, but now it has been called ~tcr the' Boar:CPs attention thaX the li- cense granted is for 50 seats. Mr. Culver replied that at that time, he had the license for 150 seats. l~s. Bond continued that evidently a mist~~e was made and Mr. Culver replied that. he did not know and had. the licen!3e since Sep-. tember. Hrs. Bond questioned the capaci'ty' of the original license and'I1r_ Culver informed her that years ago, it was for 50 seats but. it was- upgraded to' 150; Mrs. Bond aslted if this Was donewit~ or without a mistake and Mr. Culver replied that he did not know thera was a mistake. Mr. Thompson clarified that a variance was requested on the present site without changing dimensions. The parking came up because the parking as required was not there. The ap- plication was to reconstruct the building on the same land, the same size as the present building. The old building was going to be torn down and a new one put up in the same place. At that time, tA...r'. Culver had a license for 150 seats issued by the City. He thinks the question is that the original license was for 50 seats, but who made the application for 150 seats and was it granted?' Mr. Culver replied that it was..issued before he came before the Board. Hr. Thompson stated that his vote was based on nothing being changed and the license being for 150 seats as presented. Mr. Culver further explained that Mr. Howell and Nr. Annun- ziato considered this being a new building; therefore, it was required to meet the new codes. It was suggested that he appeal for the variance on the parY~ng since he had a 150 seat license. MINUTES BOARD OF ADJUSTMENT PAGE SEVEN AUGUST 8, 1977 the restaurant with approximately 150 seats for the last couple years and it is still operating that way today with a 50 seat license. Chairman Bailey clarified that it was a 50 seat license and it was operating with 150 seats. Mr. Adelman clarified that it had been operating with a 50 seat license until he applied for a 150 seat license last year. When he completed the application, he requested 150 seats when he applied in December 1975. It was stated that he held a previous license but it was for 50 seats and he asked for 150 seats. There was a mistake made on thin application. He is not saying the application was deliberate;~y falsified, but there is the statement of a previous lj.cense. Mr~ Culver clarified that he had a 50 seat license, but when he installed the thatched roof area, he applied for 150 seats. He stated ~gain. that- he has not- been. in thedr:estaurant for the. past couple years and his exwife has. been operating the restaurant. l-fr. Ward clarified. that the application applied for 150 seats,. but the puilding inspector noted that 96 was the maximum capa-- ci ty ~'ld denied the a.pplica tion .on. December 14, ;1 976. . .' . . . -;tllut- 't;;;:v-<-J( .://'-.1: 1-t..(...<.'.(L IP.....t,:"'/, /1.tr. Howell eXPlainedrthat~ ' 1.8 an application for a license, a memo is sent from the ~ity Clerk to the ~uilding Department~ A building inspection is made to be sure the . code requifernentsn are met. Hr... Ward agreed and referred to the inspector's notes on the application dated December 14, 1976. . . . Mr. Culver reierred to the variance requirement to pull the permit and have an inspection and. questioned their interpre- tation or how this appliedwith:th& judge's restraining:order. Chairman Bailey replied that he thought probably the only thing they could.d~ is. give an opinion individually. Under normal circumstances once a decision is made by the Board of Aajustment unless it is appealed within the proper tim~, it stands. His personal"' opinion is to check with the City Attor- ney about it. He does not see where the Board could do any- thing without some type of request.~I. Culver informed him that his attorney said it wonld be taken into consideration by the Building Department, but the Building Department was given orders by the Board of Adjustment. He asked Hr. Keehr about this earlier this month and he thought some leeway could be allowed. He called Hr. Howell this afternoon and he suggested that it be brought before this Board because of the instructions stipulated by this Board. Chairman Bailey replied that if he felt it is pretty much on the Board's shoulders to determine that, possibly by the next meeting, we will come up with an answer. The Board will meet again on August 22. He thinks we could have an answer then, but cannot m~~e a decision. Mr. Ward suggested that }~. Culver have his attorney contact the City Attorney for a ruling. Chairman Bailey stated he believed the Board should contact the City Attorney to have him prepared and possibly have an 7 , -' MINums OF THE BOA!?D OF ADJUSrrHENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, AUGUST 8, 1977 AT 7:00 P. M. PRESENT Derle B. Bailey, Chairman Vernon Thompson, Jr., Vice Chairman Mrs. Lillian Bond Foy Ward Carl Zimmerman Ben Adelman, Alternate Bert Keehr, Asst. BUilding Official Edgar E. Howell, Building Official ABSENT David W. Healy, Secretary (Excused) Walter B. Rutter (Excused) V. Paul Scoggins, Alternate Chairman Bailey called the meeting to order at 7:00 P. M. and introduced the members of the Board, Mr. Keehr seated ' with the Board and Mr. Howell seated in the audience, and the Recording Secretary. He announced that the Board Secre- tary, Hr. David Healy, was excused from being present tonight arId requested Mr. Zimmerman to sit in as Secretary to read the correspondence and agenda for the meeting. Minutes of July 25. 1977 Mr. Adelman moved to accept the minutes as printed, seconded by Mr. Zimmerman. Motion carried 6-0. Correspondence t1r. Zimmerman read the following memo from Mr. Gene Moore, City Attorney, dated July 27, 1977, addressed to Mr. Derle Bailey: "This is to confirm my prior conversation with you to the effect that, in my' opinion, the Board of Adjustment would be within it's legal prerogative to reconsider previous action taken by the Board, based upon newly discovered evidence which was not before the Board at the original hearing. Any such motion for reconsidera- tion should be made by a member of the Board voting on the prevailing side and all notice requirements relative to rehearing should be complied with. Any such action for rehearing should be taken prior to expiration of the 30 day appeal period." Mr. Ward questioned the 30 day period referred to and Mr. Zimmerman re-read the last sentence. Chairman Bailey clari- fied that he would interpret this as their action to rehear. MINUTES BOARD OF ADJUST~~NT PAGE 'lW0 AUGUST 8, 1977 Public Hearing Parcel #1 - Lots 1 thru 6 inc. & E. 15.35 Ft. of Lot 7, Casa Lorna Recorded in Plat Book 11, Page 3 Falm Beach County Records Request - Relief from 53 required parking spaces to 11 parking spaces, no land being available for the additional parking. hddress - 728 Casa Lorna Blvd. Applicant - George W. Culver l~. Zimmerman rend the above application. Chairman Bailey ascertained that the members had received a copy of the letter dated July 5 from the Building Official to the City Manager together with copies of the licenses issued to George W. or Laura Culver. He stated he thinks this is the basis for which the Board wanted to rehear this because they felt there was some new evidence that the Board should hear about. The Board is aware of a lot of the details about this, but it has not been forwarded to the public. It has only gone on public record through the Aoard's minutes. He suggests that possi- bly the best thing to do would be to have the Assistant Building Official, Mr. Bert Yeehr, explain what the Building Department discovered the day after this variance was granted to Hr. Culver. ~~. Keehr stated that on tho date after the hearing, it was discovered there had been an error made in the license issued to Mr. Culver in the number of the seats on the license. It was typed out with 150 seats, which Mr. Culver did have a copy of, but it was never approved by the Building Department for 150 seats. In fact, it was disapproved by one of the inspectors making an on-site~ inspection. Apparently in prior years, it had been approved for 50 seats. Mr. Culver had applied for 150 seats and it was denied, but somew~ere along the line, it was typed as 150 and it went through. On the day after the meeting when this was discovered, t~. Howell called Hr. Culver into his office and he was also present at this meeting and it was explained to Mr. Culver that the City would have to revoke the license for 150 seats and re-issue a license for 50 seats, which he is entitled to, and refund the overage of fees he had paid, which we did. As of this date, Mr. Culver has a license for that restau- rant for 50 seats. Chairman Bailey asked if any of the members had any questions of Mr. Keehr. Mr. Ward questioned the difference between the parking requested on the application for 150 seats versus the 50 seat license and Mr. Keehr informed him the difference would be that 150 seats requires one parking space for every three 8e~ts or 50 parking spaces and 50 seats would require 17 parl..ing spaces plus whatever is required for the help. ~ MINUTES BOARD OF ADJUSTMENT PAGE THREE AUGUST 8, 1977 Hr. Ward asl~ed what the request was at the time of the 150 seat license and added that they were interested in the park- ing rather than the license and Mr. Keehr informed him that the first variance requ0st wns for 150 seats which needed 56 parking spaces. Hr. Ward clarified that the variance WetS granted for 56 parldng spaces. Mr. Reehr clarified that he has 11, but needed 45 parking spaces. Mr. Ward aslced what this application was asking for and Mr. Keehr informed him it was for 50 seats which would require 17 parking spaces plus 6 or a total of 23. He has 11 and is asldng for a variance for 12. , Chairman Bailey clarified that the license error was the basis on which the Board decided to rehear this. Since there was an error, possibly the Board can be more enlightened by additional information and by having this public hearin~, it allows everyone to give more information. At this time, he requested anyone in favor of this application to come forward to the microphone. r~. George W. Culver appeared before the Board and stated that as the Board is aware, he has been back and forth be- fore this Roard since October. He asked for a variance and was granted a variance. Then the question came up about the license and he did not know it was an illegal license be- cause his exwife was runnine the restaurant. He paid for the license since it was sent to him. His exwife had been re- quested to hnve the place available for the inspectors. His building plans for the future are to remodel the restaurant and build to the same size it is now. He referred to ~~. Howell stating previously that the requirements could be met for 150 seats. Actuetlly, he doesn't know what the basis is for this rehearing. He had a 150 seat license when the var- iance was granted. He referred to having trouble regaining his property from his exwife, but as soon as he takes over, he wants to remodel it for 150 seats. If the variance is tal{en away, he will agnin ask for the variance which has al- ready been given to him. Mr. Culver then stated he would also like to bring out another point ett this time. When the variance was granted for the first stage pertaining to the 25 ft. setback, it was stipu- lated that he had to pull a building permit by June 12 and had 90 days for the first inspection to be made and the building permit would not be renewed if the building was not ready for the first inspection~ Since then, he started to tear down the old place to get ready for the contractor and his exwife took him to court and Circuit Judge Tom Johnson put a restraining order on him. He discussed this with Hr. Veehr and he said he thought it would be considered. He would lil\e to bring before the Board that as of now, he is MINUTES BOARD OF ADJUSTMENT PAGE FOUR AUGUST 8, 1977 "- going to court on August 22 and would like the first variance taken into consideration because he does not know if he can meet the restrictions because of the restraining order from the judge. He showed the order to the members. Mr. Adelman referred to his remark that Mr. Howell said it could meet the 150 seat requirements and stated that he never heard this statement. Mr. Culver replied that he be- lieved it was stated at the last meeting in response to a question asked by Mr. Ward. Mr. Howell clarified that he be- lieved he was asked if the variance stood as it was in the future if he put 150 seats in the building, would I be ob- liged to issue a variance and if that variance stood I would be bound by the variance. Mr. Howell then referred to Mr. Reehr's statement that the variance would be for 17 spaces plus 6 and clarified that the ordinance requires 17 spaces and Mr. Culver has 11 and this variance would be for 6 plus whatever is needed for the help. Hrs. Bond clarified that Nr. Culver came before this Board ,to apply for a variance for 150 seats originally, but now it has been called to the Board's attention that the li- cense granted is for 50 seats. Mr. Culver replied that at thHt time, he had the license for 150 seats. Hrs. Bond continued that evidently a mistake was made and Mr. Culver replied that he did not know and had the license since Sep- t8mber. r~s. P,ond questioned the capacity of the original license and t'~r. Culver informed her that years ago, it was for 50 seats but lt wn.s upgraded to 150. Mrs. Bond asl~ed if this was done with or without a mistake and Hr. Culver replied that he did not know there was a mistake. Mr. Thompson cl~rified that'a variance was requested on,the present site without changing dimensions. The parking came up because thc pn.r1dnc 38 required was not there. The ap- plication was to rcconstruct the building on the same land, the same size as the present building. The old building Vias going to be torn down and a new one put up in the same place. ^- t tlw.t time, f.fr. Culver lwd a license for 150 seats issued by the City. He thinks the question is that the original license waG for ~O sents, but who made the application for 150 se~ts and was it grunted? Mr. Culver replied that it was issued before he came before the Board. Mr. Thompson stated that his vote was based on nothing being changed and the license being for 150 s~ats as presented. Mr. Culver further explained that Mr. Howell and Mr. Annun- ziato considered this being a new building; therefore, it Vias required to meet the new codes. It was suggested that he appeal for the variance on the parking since he had a 150 seat license. MINUTES BOARD OF ADJUSTJ~NT PAGE FIVE AUGUST 8, 1977 Mr. Thompson asked if there was a copy of the application for the 150 seats and Mr. Culver showed him the copies he had of the information. Mr. Thompson noted that on Septem- ber 2, 1976, the license was issued for 150 seats. Chairman Bailey clarified thc'Jt when the variance was granted in December, 1976, to reconstruct the building, Mr. Culver had the license for 150 seats and that is what the variance request was based on ::md f>1r. Culver agreed. Mr. Culver con- tinued that he was then informed by the City Planner since he was going to build a new building, he would have to come before the Board of Adjustment and ask for another variance for the parking spaces. If he left it the way it was, it was under the grandfather clause, but a new building re- quires that the requirements be met. ChRirmnn Bailey asked what the first date was when he was ~ware he had been issued a 150 seat license in error and r~. Culver replied thFlt it vms two days after the hearing when he was called into the Building Department. Chairman Bailey asked if he personally made the application for 150 seats in 1976 and Mr. Culver replied that he made it because the li- cense is in his name, but he has not been in the place for a couple years. His exwife has been running it and he has been trying to get her out, but is having legal problems. Mr. Thompson stated that if a license was issued in 1976 for 150 seats and he has been operating under it for the past year, how come the records did not show there were not 150 seats and Mr. Howell replied that it has been awhile since he lool~ed at the license and also, he is not sure of the issue date of the license. Chairman Bailey referred to it being noted tlw.t it was refused on June 16, 1977. Mr. TIowell questioned the issue date on the 150 seat license and Chairman Bailey replied that it was September 1, 1976. Mr. Howell stated that at that time, the department wa~ not under his jurisdiction. He then questioned the date of the applica tion and Chairman Bailey inforn'ed him it was Septem- ber 19, 1975. Mr. Howell questioned the date of the denial and Hr. Adelman informed him it was noted as December 14, 1976. Hr. Howell explained how they did not have any way to determine the actual date the license was paid for. Chairman Bailey clarified that in September, 1975, Mr. Culver applied for 150 seats. In September, 1976, he was issued a license for 150 seats. On December 14, 1976, he was denied that license. On June 16, the license was re- turned to the Building Department, who had taken over the License Department, and a new license was re-1ssued for 50 seats. When the interdepartmental memo denied it on Decem- ber 14, 1976, was it a carry-over of the September, 1976, original request and Mr. Howell replied that he would have MINUTES BOARD OF ADJUST~lliNT PAGE SIX AUGUST 8, 1977 to think it was. Chairman Bailey clarified that the license in September, 1976, was issued in error and Mr. Howell re- plied that he thinll.s it was issued after September, 1976. He referred to the renewal nate being September 30 and ex- plainerl how they orer~tAd with all licenses being dated SeptembAr no matter when they applied. He added that it did not give an accurate record and this procedure has been changed. Mr. Thompson staten that if it is the policy of the department to do th3t, he cannot hold the applicant responSible for the department's mistakes. He would have to take his word about the license issued bein6 back dated several months. If a license is granted and when it expires, if a person applies for the same type of license, does the department have the riellt to deny it if the business is established and operating and t/Tr. HQwcll replied that in this case, he would because he felt it wns never approved and felt an error Vias made. Chairman Railey referred to the statement of it being back- dated and Hr. Howell clarified that he was not sure, but feels it was because that is the way the department was operating. Chairman Bailey asked if. the interdepartmental memo was the one the licellse was issued on and Hr. Howell replied that it should have been. Chaj_rman Bailey clarified that what he was saying is whomever iSGued the license over- looked the portion marked denied and Hr. Howell replied that i~ what could have happened as he knows at that time, there Vias new personnel and he does not know who typed the license. Also, on that application, it is noted as previously issued. That application is for 150 seats and he can see where a girl could have taken that as 150 seats previously issued. He does not have any idea how it happened. fIT. Culver referred to all licenses being due in September aDd stated that this one was sent in the mail to him and he paid it. He was given 11 license for 150 seats in September, but it was denied in Decelnber and he had the license for tnree months. After the Board of Adjustment granted the variance, his exwife went to the City ~1anilger and told him something was wrong becaune she did not have a 150 seat license. She did not have it because he did not give it to her. She also knew she did not have 150 seats because she had not met the inspectors. There was some foulup in the change of the license departments or something. It was denied in December, but not known in June. Chairman Bailey clarified that the City mailed the license to him and Mr. Culver replied that he came in September and paid $150. Chairman Bailey asked if he piCked up the license then and Hr. Culver replied that he did in September. Hr. Ward referred to asking previously if the license was posted on the property and Mr. Culver replied that it was on the property. He added that his exwife has been operating MINUTES BOARD OF ADJUSTMENT PAGE SEVEN AUGUST 8, 1977 the restaurant with approximately 150 seats for the last couple years and it is still operating that way today with a 50 seat license. Chairman Bailey clarified that it was a 50 seat license and it was operating with 150 seats. Mr. Adelman clarified that it had been oper~ting with a 50 seat license until he applied for a 150 seat license last year. When he completed the application, he requested 150 seats when he applied in December 1975. It was stated that he held a previous license but it was for 50 seats and he asked for 150 seats. There was a mistake made on this application. He is not saying the application was deliberate~y falsified, but there is the statement of R previous license. Mr. Culver clarified that he had a 50 seat license, but when he installed the thatched roof area, he applied for 150 seats. He stated again that he has not been in the restaurant for the past couple years and his exwife has been operating the restaurant. Mr. Ward clarified that the application applied for 150 seats, but the building inspector noted that 96 was the maximum capa- city and denied the applicntion on December 14, 1976. ~ll'. Howell explained that when there is an application for a license, a memo is sent from the City Clerk to the Building Department. A building inspection is made to be sure the code requirements are met. Hr. Ward agreed and referred to the inspector's notes on the application dated December 14, 1976. Hr. Culver referred to the vA.riance requirement to pull the permit and have an inspection and questioned their interpre- tation of how this applied with the judge's restraining order. Chairmc1ll 'Raile:>' replied that he thought probably the only thing they could no is give an opinion indiVidually. Under normal circumstances once a decision is made by the Board of Adjustment unless it is appealed within the proper time~ it stands. His personal opinion is to check with the City Attor- ney about it. He does not see where the Board could do any- thing without some type of request. Mr. Culver informed him that his attorney s:1.id it v;ol'ld be tal:;:en into consideration by the Ruilding Department, but the Building Department was given orders by the Roard of Adjustment. He asl;:ed Hr. IT,eehr about this 0C1..rlier this month and he thought some leeway could be allowed. He c,'"111ed Hr. Howell this afternoon and he sugcested that it be brought before this Board because of the instructions stipulated by this Board. Chairman Bailey replied that if he felt it is pretty much on the Board's shoulders to determine that, possibly by the next meeting, we will come up with an answer. The Board will meet again on August 22. He thinlm v;e could have an answer then, but crmnot malr::c a decision. Hr. Ward suggested that Mr. Culver have his attorney contact the City Attorney for a ruling. Chairman Bailey stated he believed the Board should contact the City Attorney to have him prepared and pOSSibly have an MINUTES BOARD OF ADJUSTr~NT PAGE EIGHT AUGUST 8, 1977 answer by the next meeting. Mr. Culver stated that he did get started as stipulated, but did not expect this restrain- ing order to be placed and will have his attorney contact Mr. Hoore. Mr. Adelman stated that at the meeting when the 25 ft. vari- ance was granted, it was only for the setback and Mr. Culver agreed. Hr. Adelman questioned how that variance could be erantcd without tnl,:ing into consideration the parking and Mr. Culver informed him th..1.t he was planning to rebuild in two stRges. Parking was brought up, but it was ruled by the r,hairman that parking was not included in that vnriance. He got permits and Gpproval from the Boards and then the City Planner suggested that he apply for a variance for the park- ing before starting on the second phase. He asl'i:.ed for a variance on the parking and it was granted. Hr. Zimmerman stated that it seemed to him if there was addi- tional time needed, it would be logical to apply for the time as an additional variance. ~1r. Howell clarified that when the original variance was granted, he thinks Mr. Bailey was on the Board and did try to get the parking clarified, but the Board decided Mr. Culver should come back. He could not issue a permit until the parking was clarified. These were the instructions per the minutes and also the minutes stated that the permit could not be renewed. If there was any problem, Mr. Culver had to come back before this Board. Chairman Bailey then asked if anyone else in the audience wished to speak in favor of this application and received no response. He then Rsked if anyone in the audience wished to speak in opposition to this variance and the following ap- peared before the Board. Mrs. Kelly Kirton informed the Board that she and her husband were the business managers for the Coastal Tower Apartments. There are a couple of people present tonight from Coastal Towers, but the majority of the people are out of residence during August. She requested those in opposition to stand. She con tinued thCl. t be tween 2~0 to 300 people are living at Coastnl Towers. They are of the opinion that two wrongs do not make a right and it sounds in listening to this tonight that due to a typographical error many problems have been created. They think it would be more embarrassing if this were granted. Many restaurants have opened recently in Boynton Beach and she doesn't believe any have asked for Variances on parking. ~he doesn't believe you can park a couple Hondas in the parking area at this restaurant much less some cars. The reason they are opposing this is be- cause they have a parking lot at the entrance of Casa Lorna Boulevard and there is stiff resistance from the Coastal MINUTES BOARD OF ADJUSTHENT PAGE NINE AUGUST 8, 1977 Towers people of having the restaurant patrons use their parking. If there is no land available, where are these people going to park? They cannot see how possibly this could be granted. She believes there is an ordinance re- quiring a certnin number of parking spaces. It could only create morc problems and open up a can of worms for the City. They c~nnot see how anybody would want to go ahead and build a new building with 150 seats without having any place for their guests to park. It does not make sense. They believe it would be in the best interest of the City if this request were denied. Mr. Thompson asl;;ed if the only way to come into this place was to come in directly across the front of the shopping center and Mrs. Kirton agreed and stated this was Casa Lorna Blvd. Hr. Thompson pointed out that they were talk- ing o.bout 500 ft. from the Coantal Towers and HI'S. Kirton replied that she did not believe this was the case because the majority of their parking facilities are on the west side of Coastal ~owerR. She can assure them that the deve- loper did not build the parking area with extra spaces and when the residents come back, there will not be spare park- ing in their lot. Mr. Thompson stated that it was over 500 ft. away C'md Hr. Culver agreed and stated he had to run a water line in ovcr 600 ft. HI'S. Kirton stated that there are parking facilities around the various towers, but the majority are in the back of the west tower, which is not far from the restaurant. The logical thing would be to rarl~ in a space which would be available. She does not see why this should set a precedent since a lot of new restau- rants have opened on South Federal and all had to comply with the parking rcquj.rements. She cannot see the logic for even considering this. It was unfortunate there was a typing error, but granting this would just be making another error. They rcquest the Board to deny it. Hr. Charlie Rodriguez, 720 Ocean Avenue, Coastal Towers, appeared before the Board. He stated that it seems the Board has the chance to resolve the problems with a couple approaches. He would liKe to know where the 11 legal park- ing spa~es are available to Mr. Culver and if they are in thc City street and Chairman Bailey replied that he could not answer that because he did not have any plan. Mr. Rodriguez continued that since Mr. Culver has the setback variance, the only pAvement serving the area seems to be the bed of the City street and he is curious to know if that is where the 11 spaces are located. Mr. Keehr informed him there were 13 parking spaces just west of the ticket sales office right now on Mr. Culver's property. Mr. Rodriguez asked if they were inside the ownership line and Mr. Yeehr replied: yes. Mr. Rodriguez asked where he got the additional 6 spaces and Chairman Bailey informed him MlNU TES BOARD OF ADJUSTMENT PAGE TEN AUGUST 8, 1977 that in order to operate, a total of 23 parking spaces are needed for the 50 seating capacity. With the ones he has, he needs an adjustment for 12. He already has an adjustment for l~5 which is under reconsideration at this time. Mr. Rodriguez asked if the reconsideration was being given be- cause of the discrepancy involved in the 50 seats and 150 seats and Chairman Bailey replied that he believes this is the reason this Board decided to rehear this case. Mr. Rodriguez then stated that the 150 seat problem could be corrected simply by limiting the number of the variance to the 50 seat structure. The Board could carry this out by granting the amount to equal a 50 seat permit. Chairman Bailey agreed this was a possibility. Hr. Rodriguez added that if the idea was not for Mr. Culver to have 150 seats, but 50 seats is rea- sonable, it would certainly seem more advantageous for the town and everyone concerned for the Board to grant this. Mrs. Bond referred to the A.mount of parking spaces on the pro- perty and asked if they were for the two businesses, the marina as well as the restaurant and Chairman Bailey replied that the v~riance was granted for an additional 45 parking spaces. Mrs. Bond stated th~t these were only for the restaurant. Mr. Howell referred to 11 existing and questioned Mr. Keehr's statement of there being 13 and Hr. Keehr clarified that two were being used where the storage building is being constructed, so cannot be counted. Mr. Howell clarified that there were actually 11 and 17 are required for a 50 seat restaurant plus employees. If there are two businesses operating, we are not talking about it, but are strictly talking about the restau- rant. Chatrman Railey disRgreed and stated they were talking about the entire building because that is what the variance Was granted on. Mr. Culver stated that the parking involved Wl1S for the restaurant. llrs. Bond referred to there being some parking space west of the ticket office and Mr. l\eehr clarified that it was out in front of the marina and they are not taking in account the parking spaces required for the marina, but only for the restaurant. Mr. Howell added that there were 2 for the ticl>>et office and Hr. l:eehr agreed. t1r. Rodriguez aslted for a pl()t plan to see what this looked lil{e. Hr. Adelman questioned why six spaces were needed for three employees and i1r. Yeehr replied that the six was taken from the statement that there were 56 before. Actually it should read 17 spaces plus the required spaces for the help. Mr. Rodriguez pointed out that it did not appear to have the footage noted from the ticl'et booth to the property line and Chairmnn Bailey agreed and stated they would have to take the word of the Building Official in this case. Mr. Rodriguez pointed out that possibly 11 cars could parI:. straight in, but it was out on the street and Mr. Keehr disagreed and stated it W!l.S Mr. Culver's property. Mr. Rodriguez asked where the MINUTES BOARD OF ADJUSTHENT PAGE ELEVEN AUGUST 8, 1977 p.?rldne for the marina was and Chairman Baile;)' informed him that there are 13 thore now and 2 are required for the marina. Mr. Reehr stated that two were required for the storage area. Chairman Bailey asked if there was the required number for the marina nnd TTr. 1~e0 111' infoI'/:JC:d him there Vias parking across the street on City property, but it is not in question now. Mr. Rodriguez clarified thnt in the bed of the City street lies some of the parldng spaces for the operation of the boat and marina, plus 11 spaces for a 50 seat restaurant and there is no additional parking for 150 seats. This en- tire thing docs not fit together. Essentially what Mr. Culver is relying on is parking in the City street which could be legnlly changed. Wh~t he is offering for the fish- ine activity and restaurant is 11 parking spaces. It lies within the purvue of this Board to deal with that problem. Chairman Bailey then requested that the correspondence be read pertatning to this applicetion. Mr. Zimmerman read a letter dated July 22, 1977, from Mr. William G. Lenzi, 760 E. Ocean Avenue, in objoction to granting this variance. He then read a letter from Mr. C. A. Kean, President of the Coast~l Towers Condominium Apartments, recommending that the petition be turlJod down and the building permit cancelled based on the parking being inadequate and being a danger to public safety. Chairman Bailey announced that they have heard the pros and cons and correspondence and he thinks the time has come for the Board to make a decision. Mr. Culver referred to the Board mostly understanding this and requested to speak to the ladies and gentlemen from Coastal Towers. He explained how there was a distance of at least 650 ft. from his property to the Coastal Towers. Also, 25 ft. of his property was given to the City free and the adjacent property owner also gave 30 ft. to make the road there. There have been no problems with parking and there has always been parldng space available. He does not think there would be problems with people parking in their parking lot with them having to walk 800 ft. to the restau- rant. This is not a new restaurant, but has been here for over 25 years. He has not had any problems in the past and does not foresee any in the future. Mr. Rodriguez asked if this restaurant was Smokey's place previously and Mr. Culver replied that there was a restau- rant there previously and Smokey's also leased the restau- rant from him. Mr. Rodriguez questioned the seating capa- city of St"lokey's and Hr. Culver replied that he believed it was 50. Hr. Rodriguez strlted that he remembers when it was Smokey's rlnd before expansion of the thatched roof. Develop- ments not provided for turn out to be problems in the future. This is an increase of what was there in the past. MINUTES BOARD OF ADJUSTr~NT PAGE TWELVE AUGUST 8, 1977 Mr. Thompson asked if people were notified within the dis- tance of 500 ft. from point to point and Mr. Howell informed him that notifications were sent within 400 ft. from the nearest point on a circle basis. Chairman Bailey announced that this Board voted to reconsider this and it has now come to the time to have a motion to affirm this Board's decision, reject the decision, or amend the decision. Mr. ~immerman referred to obtaining more in- formation for the next meeting a.nd Chairman Bailey informed him that the information pertained to extending the time limit. Mr. Thompson stA.ted thelt if the Board decides a mistake was made somewhere and they must correct it back to a 50 seat capacity restaurant, they must amend their previous motion. Chairman Bailey replied it was entirely the Board's decision. When the variance was granted to reconstruct the building, Hr. Culver had in his possession a license for 150 seats. When he came before the Board, he said he was not going to change the size of the building and was going to use it as he waG using it. Unfortunately as he was using it at the time, it was with 150 seats which was issued in error. The variance in December did nnt deal with parking. In June, when \'Ie did deal with the pnrldng, we dealt with the license in hiD possession which WelS for 150 seats. At the following meetingt we then found out that evidence had come forward that 3 mistake was made and he RSGUmeS it was made in Sep- tember, 1976, when the license was issued for 150 seats. He contends that the seating capacity had an effect on their action. Mr. Adelman referred to the application filed asking for 150 seats with the statement that he had a previous license and he would assume it was for 150 seats. He does not think we ohould be held to the action taken as the information given was incorrect. He thinks an error could have been easily made bRsed on the information stated on the application. Mr. Thompoon c13rified that an error was made, but Mr. Culver did not illegally file ~n application for 150 seats. Mr. Adelman clarified t.h:1t it was based on information given in- correctly. Hr. Zimmerman added that it was incomplete. Mr. ^delman pointed out that the statement on the application was deceiving and there has been an error for two years. The application was signed by George Culver in 1975. He knows what parking problems are with a restaurant from his own experience. He thinks this 'was done by a mistake and doesn't think the error should be compounded further. Mr. Thompson stated that the purpose of this Board is to act on hardships. A hardship was placed on Mr. Culver because there was no record of the mistake made. In fairness to both parties, he cannot agree with either one. However, it MINUTES BOARD OF ADJUSTl1ENT PAGE THIRTEEN AUGUST 8, 1977 was brought before this Board that a 150 seat license was issued. There is no room to expand and he did not ask for expansion. There is no ample parking space in this area. This is an old structure. This is a very pertinent deci- sion we have to make and should be made based on the purpose of this Board - a hardship. The applicant was given 90 days to start and he started. To bring it up again, he thinks it is unfair to Mr. Culver and everyone else. They must take all this into consideration. His decision will not be in- fluenced in any way, but he will consider the fact that this mistake can either ruin the applicant or rid the City of an eyesore already there. Mrs. Bond referred to the Board relieving hardships and Rsked if this would create a hardship for the other res- idents and ~~. Thompson replied: no. and added if illegal parking was done on their property, it was the business of the Police Department to handle. Mr. Ward stated that th~y must consider whether this is a selfcrcated hardship and Hr. Thompson replied that Mr. Culver did not change the dimensions of the building and the build- ing as it is, is an eyesore. Mr. Ward sta!ed that he thought the first variance was wrong as he does not think we had the right to grant a variance to completely rebuild a non-conform- ing building. Hr. Ward again asl-;:ed if this would have to be considered a self-created hardship and Mr. Thompson replied that he did not thinl\ it was a self-cre;3,ted hardship because there is no other property available and this is landlocl:;.ed. Mr. Zimmerman asked if the decision was reversed, could Mr. Culver rebuild any part of the restaurant and Mr. Howell re- plied that he thinks this Board gave him permission to re- build the building. The only reason it was brought back was because of the minutes pertaining to the parking. In his opinion, they lwve already 'given permission to rebuildlthe building no matter what happens with the parking. Mrs. Bond re feI'red to the building being for 50 seats and Hr. Howell informeci her tlwt as far as the code requirements, this building could have 93 seats as stated on the building inspector's memo. If there is enough area for a 150 seat restaurant with 15 sq. ft. of floor space for each person and a po..rldng vRriance "is given, it would be allowed. Chair- mnn Bailey referred to a previous discussion when Mr. Howell stated that if it was passed by the various Boards and govern- ment aeencies and had a variance for parking, 150 seats would be allowed. Hr. Howell added that he believed the building did have the room for 150 seats. Mr. Rodriguez asked if they were counting the space in the thatched roof ~rea as this is a leanto. Actually there are two different type structures, the old structure which was walled in with doors, etc. and the addition of a leanto with MINUTES BOARD OF ADJUSTHEFT PAGE FOURTEEN AUGUST 8, 1977 a bar and seats. It is too much to call this leanto a per- m~nent building and can the two qualify for 150 seats? The perm~nent structure here does not compare as a structure to the thatched roof area, but it is being computed in the space. Hr. Howell replied th:J t L1S far as the licensing law, there is nothing saying he could not have 100 of the seats for patio dining. Hr. Culver added that without taking into considerAtion the arOD of the thatched roof, the building is more than 2,000 sq. feet. The same building will be put up, but it will be laid out differently to eliminate wasted space. Tho permit for the thRtchcd roof area was processed through the departments as a permanent structure. Chairman Dailey st<l.ted his feeling is when Hr. Culver first came to this Board aaking for permission to rebuild the struc- ture, he was questioned about the use and he stated he would be using it the same as he is now, which was back in the latter pal t of 1976. At that time, the question of seating capacity did not como up. From the information on the license when he came before the Board, he had a license for 150 seats dated September 2, 1976 which would expire September 30, 1977. When the variance was granted in June after the application was tabled a couple times, he had with him a license for 150 seats and it was the opinion of the Board at that time that he was going to use the facilities no differently than he had in the past. He was always under the assumption ~IT. Culver had 150 seats from September 2, 1976, and that is what he based his judgement on. Mr. Culver asked for the right to rebuild the structure and continue operating and also requested a parking variance to continue his operation. He realizes a mistake was made in the licensing, but he doesn't see any reason to say Mr. Culver was aware of the mistake until it was investigated. In his opinion, the Board has granted the right to rebuild the building like it was in the past and greUl ted the right for the additional parldng and use the building as he had in the past. He feels he would be doing Mr. Culver an injustice to deny him the right to do as he has in the pas t . t~. Ward clarified that it was the Chairman's opinion that it has a.lways been 150 seats, but he believes Hr. Culver stated it was 150 seats and nobody had taken out 100 seats. Chairman Bailey replied that it was based on the evidence presented from the application dated September 2, 1976. Chairman Bailey announced the Board was here to affirm their decision, reject it or amend it. A decision must be made. ~~. Zimmerman referred to an amendment And asked how it cou~a be amended to get the results that one of the gentleman sug- gested that might be satisfactory to both parties in reducing this to a 50 seat restaurant where not as much parking would MINUTES BOARD OF ADJU,c; TMENT PAGE FIFTEEN AUGUST 8, 1977 be required and Chairman Bailey replied that his opinion was regardless of the decision made, it will not be satisfactory to both parties. 11r. Ward added that it also would not affect the parking as there are only 11 spaces and that is that. Chntrman Bniley Announced they were still under reconsidera- tion and have to do something. The parties are tied up wait- ing for a decision. They must make a decision because they decided to reconsider this. Mr. Thompson made a motion to affirm the Board's decision on the grounds that no hardship has been created to any person wi thj.n the 1+00 ft. area nnd the error was not made by the applicnnt and the building Rhould be completed under the pre- sent conditions. He voted in good f.3.ith and will vote again to opernte on the same conditions to improve the structure. Chairman Raily ascertained there was no second for the motion and it died for lach. of n second. 'tr. Zimmerman requested the Building Officials to help out on \"lwt would be nec8sonry in the way of a motion to amend their previous action to cut this to a 50 seat restaurant and pro- vide the proper parldng through a variance. Mr. Ward replied tho.t he bl"'lieved this would be a legRl opinion and should be obtained from the attorney. Chairman Bailey agreed. Chairman Bailey st:lted he thought the question to be was how many parlting spaces would have to be granted the variance in order to have a 50 seating cClpacity. Bond stated it would only be necessary to amend part past variance granted to amend it back to 50 seats. man Bailey agreed it could be amended. asked under Mrs. of the Chair- Hr. Thompson questioned the date the variance was granted and Chairman Bailey infor'illcd him it was June 13, 1977. Hr. Thomp- son questioned the grace p~riod to change the decision\and Chairmnn Bailey referred to the 30 day period mentioned in Mr. '1oore's letter and advised that the motion was made to reconsider within that time period. At the meeting on July 11, a motion was madc to reconsidcr and Was passed, so it W!'1S thn opinion of the City Attorney that the motion covering the rehearing procedure was covered within the 30 day appeal period. Hrs. Bond stated that since new evidence has been brought before the Board, she believes their previous motion should be amended to correct the variqnce from 150 to 50 seating capacity in the restaurant. Chairman Bailey agreed there had been plenty of clarification on the license. Mr. Adelman clarified that the license now stands at 50. Mr. Ward stated he thought the license part had been cleared up and they were only considering the parking. Mr. Adelman stated that the license is for 50 seats and why should they consider parking .~ MINUTES BOARD OF ADJUSTf~NT PAGE SIXTEEN AUGUST 8, 1977 for a 150 seat restaurant? Chairman Bailey stated that Mr. Culver was under the impression he had 150 seats when he applied for the variance. However, he thinlcs now everyone understands that the 150 seat license was issued in error. Mr. Adelman replied that he thinks Mr. Culver should have known thnt and Mr. Culv"r informed him that the City sent him a license for 150 seats. ~1r. Adelman poi.nted out that he previously only had a license for 50 seats. Chairman Bailey stated that a license for 150 seats was issued in September, 1975. Mr. Adelman stated that this license was given in error. Hrs. Bond clarified that the license is now for 50 seats and the motion to grant the variance was for 150 seats. Chairman Bailey corrected her that the variance was granted for If6 additional parking spaces. Hrs. Bond agreed and added that it provided for 150 seats. She continued that it was brought to their attention that there was a mistal-;:e about the 150 seats. Since it has come back to parking spaces for a 50 seat restaurant, they should work on that. Mr. Thompson replied that he was not under the assumption it has comB back. We have not ruled out tbere was an error. Hr. Culver asked for a variance for 150 seats and it was granted. To correct the parking, we can throw out the 150 seats and go back to 50, but this must be decided. Mr. Adelman clarified that a license w~s issued for 50 seats since the 150 seat license was revoked. Mr. Thompson stated that the variance was for 150 seats. Mrs. Bond stated that they must amend their motion because a variance was issued for 150 ~eats and the license is for 50 seats. Hr. Zimmerman stated that the number of parking spaces must be included that the variance is for. Mr. Thompson stated that the Board could be liable for suit since permission was granted for 150, but the Building De- partment changed their decision to 50. Mr. I\delman rep,lied that the Board had no right to change a license issued by the Ruilding Department. Hr. Thompson stated it was illegal because this Board voted 0n 150. r1r. Zimmerman stated he was reluctant to change the action of a previous Board of .I\.djust- lIIent tak.en last year. Hr. 'T'hompson referred to the Building Department makint; a decision for the Board and stated that we grcUlted a variance for 150 sen.ts, but since that time the Buildi.ng Department has changed the license to 50 seats, but the Building Department cannot chantje <l. decision made by this Board. Chairman R~iley clarified that this Board did not ljrant a variance for 150 seats, but based on the fact that 150 people could be se....,ted. Hr'. Zimmerman stnted that this was the only thing which should be amended. Hrs. Bond ash.ed if he W,018 stating we Vlere illegFllly doing this and Mr. Thompson clarified that he did not think the Building Depart- ment should mal:e a decistr:m. He thinlcs the first step in order is to change the 150 back to 50. Hr. Adelman clarified that tlw Board voted on pnrking and not the seating capacity. HINUTES BOARD OF ADJUSTMENT PAGE SEVENTEEN AUGUST 8, 1977 p~. Howell informed the Board that he thought they were get- ting seats confused with parking spaces. The variance was given on parldng. If they wnnt to amend their decision, they must do it on the parldng. The seating and license has bp.en corrected. Chairman Railey 8t~t~d that when the variance was granted, the ('vIdence pre8c)~ted showed operation for a 150 seat res- taur<1nt. The Board acted in good faith on the evidence prc- Genteel. Now the ~oard is being faced with an error made on someone else's part which affects Mr. Culver's rights. Hr. Howell informed the noard that before he revoked the licellse, he did have leg<ll ,'1dvice from the City Attorney. Hr. Thompson replied that the decision was still made by this Boarct. The City Attorney c~n give an opinion, but he does not mi:l.ke a decisj on for this Board. r1r. Howell clari- fied that it was brought to the Roard's attention in case the Boord was intereGted and wanted to correct it, but this Board is the only one to correct it. Chairman Bailey added that a written memo h<l.s been received from the City Attorney stating that in his opinion, the Board of Adjustment would be within it's leg~l prerogative to reconsider previous ac- tion taken by the Board based upon newly discovered evidence which was not before the Board at the original hearing. r~. Vhrd clarified th:l.t the evidence Vlould be the license. Hov!evcr, the Chairm,qn gave three al ternatives and Nr. Hoore is only mentioning one. Chairman Bailey clarified that it wOls his opinion that thpy have three routes to go with either affirming their decision, rejecting it or amending it. They must make a decision. rrr. Adelman made a motion to grant the variance from the re- quired 20 to 11 parking spaces that he has, which means the VAriance is for 9 spac~s. f-1r. Zimmerman seconded the mqtion. Under discussion, Chairman Bailey requested him to ellaborate on the motion and Hr. Adelman replied that it was his conten- tion that there is a 50 seat restaurant and they must figure the parking on that. Hr. Zimmerman added that it lool~ed lil~e this would relieve the part of the hardship so Mr. Culver can rebuild to the capacity of 50 seats without any difficulty. Hr. Thompson stated they could not have a motion until they have corrected what they have done previously. Mr. Adelman requested that his motion be held and Mr. Zimmerman withdrew his second. Mr. Adelman made a motion to rescind the action taken on June 13, 1977, seconded by Mrs. Bond. No discussion. As requested, Mrs. Yruse took a roll call vote on the motion as follows: MINUTES BOAHD OF ADJUSTMENT Mrs. Bond Mr. Thompson Hr. Ward Hr. Zimmerman Hr. Adclman Hr. nailey The motion tied 3-3. PAGE EIGHTEEN AUGUST 8, 1977 - Yes - No - No - Aye - Yes - No Mr. Thompson moved to table this discussion until seven members arc present to brcak the tie, seconded by Mr. Ward. As requested, f\1rs. Yruse took a roll call vote on the motion as follows: Bra. Bond Hr. Thompson Mr. V,Tard Mr. Zimmerman Hr. Adelman Hr. Bailey - No - Yes - Yes - Yes - Abstain - Yes Hotton carried l~-l with one abstention. Mr. Ward referred to the requirement of five votes to carry a motion and Chairman Bailey replied th2t he did not believe so as this motion does not pertain to an appltcation for a variance but a tabling motion which should carry with a majority vote. Mr. Thompson added that it was Gt~tpd when there is a tie vote, it must be tabled until the number is present to breal" the tie. Mr. Ward replied that they still did not have the five votes to carry it. Chairman Bailey announced that this application would be brought up on August 22, two weeks from tonight. He then nnnounced if there wac nnyonc else who would lil\:.e to say any- thing bcfore adjournment to please come forward. Vr. Clarence A. lean, President of Coastal Towers, appe'ared before the Board. He stated he wished to contradict Hr. Culver about the parldne situation. L:1st season, their parldng lot Wf'lS used no matter what the distance is. The patrons ltttered the place, burned rubber going onto mid- night and thcy had plenty of trouble. Hc does not Cffi'e whether ~,fr. Culver hns 50 or 150 sents, but wants the park- ing situation considered which was supposed to come up to- nigh t. Mr. Joseph Conway, 720 East Ocean Avenue, appeared before the Board and asked if the -parking variance given had been rescinded before the vote to table WAG tn.l\:.en and Chairman Bailey replied: no. Hr. Conway asked what Hr. Culver was going to do if 75 cars CD.:ne down there? 'rhere is no reason for this. Hr. rrhompson suggested th'lt they call the Police Department for illegally parl"ed cnrs. Hr. Conway replied that they were st;1rting off illegal \'!ith granting something Hr. Culver does not have the room for. Chairman Bailey informed him that Hr. Culver wns before the Board, so it won't be tllegal. MINUTES BOARD OF ADJUSTHENT PAGE NINETEEN AurmST 8. 1977 Mr. Rodriguez referred to the question asked whether Mr. Culver has a parking exemption and the reply was yes. However, the Board voted to reconsider that variance and they cannot go both ways. This Board is unbelievable. Chairman Bailey replied they could only inform the people what has been told to them by the City Attorney. Mr. Culver w~s granted a variance on June 13 and after that time, the Board voted to reconsider and that does not void the vari- ance. Mr. Rodriguez replied that according to ltlberts Rules of Order, they in effect suspended the action taken earlier. Chairman Bailey replied that they were operating by the legal advice given the Board. Mr. Zimmerman stated he thought this discussion was irrelevant as a motion has been made to rescind the previouG action. Chairman Bailey clarified that since there was a tie vote, it has been tabled and there was not a yes or no vote. He added that the motion to rescind was tabled and the motion to reconsider was passed but did not effect the variance. Mr. Rodriguez replied that it could go to litigation. Mrs. Kirton stated that i.f this went through they might be subject to litigation and also if parking spaces are granted where there is no land, she is sure it will go to litigation. She cannot believe what she hears. Mr. Thompson informed her that this Board has the right to grant anything it feels and the only recourse is through the courts. Mrs. Yirton clari- fied that she was not questioning the power, but the integrity. Hr. 'l'hom.pson stated he also questioned why Coastal Towers has five stories. Chairman Railey requested this discussion to end and Mrs. Kirton agreed. lliournment Mr. Zimmerman made a motion to adjourn, seconded by Hr. Adelman. ~fotion carried 6~0 and the meeting was prope~ly adjourned at 9:25 p. M. Respectfully submitted, . IJ . Jd~'rK-~C}9(. ~(121) Suzanne M. Kruse Recording Secretary (One Tape - tape recorder broke down.) TO Mr. Derle Bailey Board of Ad justment Chairman City Hall Boynton Beach, Florida 33435 GENE MOORE Lawyer 640 EAST OCEAN AVENUE. SUITE 1a. P. O. BOX 910 BOYNTON BEACH. FLORIDA 33435 Phone: (305) 734-2424 I DATE July 27, 1977 )UBJECT: FOLD t Dear Mr. Bailey: This is to confirm my prior conversation with you to the effect that. in my opinion, the Board of Adjustment would be within itls legal prerogative to reconsider previous action taken by the Board, based upon newly discovered evidence which was not before the Board at the original hearing. Any such motion for reconsideration should be made by a member of the Board voting on the prevailing side and all notice requirements relative to rehearing should be complied with. Any such action for rehearing should be taken prior to expi'.ration of the 30 day appeal period. Sincerel fj' ~~~OORE G MI jg SIGNED PRINTED BY GRAY ARC CO.. INC.. BROOKLYN, N. Y. 11232 I ' ~ ) t t ; _ J__ NOTICE OF PUBLIC HEARING BEFORE THE BOARD OF ADJUSTMENT CITY OF BOYNTON BEACH George W. Culver has requested variance as follows: Relief from 53 required parking spaces to 11 parking spaces, no land being . available for the additional parking. Lots 1 through 6 inc. and E. 15.35 ft. of J~t 7, CASA LOMA 'Recorded in Plat Book 11, Page 3 Pa1m Beach County Records Address: 728 Casa Lorna Blvd. HEARING, WHICH WILL BE A REHEARING, WILL BE HELD IN THE COUNCIL C~BERS, BOYNTON BEACH CITY HALL, MONDAY AUGUST 8, 1977, at 7:00 P.M. Legal advertisements will appear in the July 21 and 28th issues of the BOYNTON BEACH NEWS JOURNAL. Notice of a requested variance is sent to property owners within 400 ft. of the applicant's property to give you a chance to voice your opinion on the subject. ' . Objections may be heard in person at the meeting or filed in writing prior to hearing date. If further information" is desired, please call 732-8114, City'Clerk's Office. CITY OF BOYNTON BEACH TEREESA PADGE'l\T, CITY CLERK July 20, 1977 JdLy -v"-( /977 pOAR.tJ tJ I ,#-o.Tufrnt.E.A.J r LI7t 1>( $oy~7oA.1 Br.=.pc-/I L::tE AJ"/Lc/>?c.v: / ,F/LE'// ./.J L-u/Zr7'/,uC /17'1' &:J!3>YE<::'/,jo.It,J ;/0 Gf2.AAl7'/..d~ rJ7-/1 ( j/ /) /< I /) tJ C E 13 erR F, /9,v 7./ /? ~ pI1. ./ ~ / / W / J' // /" u co 0 ,:J,J /2€C.oRD /D V/2GE you --;7"0 PF,vy //f,C. ~Z>(J',/p //./J-;e ,. /l v <~ I rt5~ --T/2 VL~,! v/2..1 . ~~u.-- r ~ ~J~ to,~~t'/1m G, L~ " .:z J AJ?/" ;3v&P ___~~~ "~,.' .~~~.::..,~ ~~ ~ =? ~/L:> r Coastal Towtrs Condominium Apts., Int. P.O. Box 1116 Boynton Beach, Florida 33435 July 27, 1977 Board of Adjustment city of Boynton Beach Boynton Beach, Fla. 33435 Gentlemen: Re: Culver request at 728 Casa Lorna Blvd. As President of the Coastal Towers Condominium Apts, Inc. located directly across the street from Mro Culver I want this letter on file as a matter of public record. There are 125 apartments in our complex with 2 or more people living in each apartment, many of whom are away during the summer months. We are not competitors of Mr. Culver but neighbors who are bothered by the clientele of Mr. Culver and also the marina. There are not enough parking facilities ~ much less asking tha,t 53 required spaces be reduced to a mere llo There is no additional land available because he has used all the parking spaces for buildings and has none except on city streets. We couldn1t do that here at Coastal Towers. We are at a loss to understand why Mro Culver was issued a permit for a restaurant to seat 50 to 150 people without adequate parking, especially where no land is availableo At present, parking in this area is restricting ambulance, and fire trucks which is against public safety. What would happen if there was a grease fire in the restaurant? How could a fire truck and ambulance function properly? We definitely recommend that this petition be turned down and the building permit cancelled. Very truly yours? --6;~.:--- C. Ao Kean, President CAK:kk I .I MINUTES BO~RD OF ADJUST}~NT PAGE TEN JULY 11, 1977 the question. After discussion, Mr. Healy suggested having the letter copied for each member for discussion at the next meeting. He then m;:lde a motion to table this letter until tho next meeting, seconded by Mrs. Bond. As requested, Mrs. Kruse took a roll call vote on the motion as follows: Hr. Hutter Mrs. Bond Hr. Ward Mr. Adelman Hr. Zimmerman Hr. Healy 1'1r. Bailey Motion carried 7-0. Chairman Bailey then requested that a copy of this letter be attached to the minutes sent to each member. - Aye - Aye - Aye - Aye - Aye - Aye - Aye Chairman Bailey declared a three minute recess at 8:15 P. M. and called the meeting back to order at 8:18 P. M. Mr. Zimmerman suggested discussing the other letter received in regards to the George Culver situation. Chairman Bailey asked if the Board felt the letter had to be re-read and Mr. Rutter replied that he got the understanding there was an error in the license issued from 150 to 50 seats. Mr. Ward referred to the building inspector stating he found an error on June 15 and ~~. Culver was before the Board on June 27 and stAted he had a 150 seat license. Mr. Healy read the para- graph pertaining to this again. Mr. Howell clarified that the meeting was on June 13 and it came to his attention two days after the meeting. Chairman Bailey asked if the members felt the meeting s~ould be open for comments from the public on this situation and after discussion, it was agreed they should hear from the. public. l'tr. Ward requested the letter to be read in its entirety and Mr. Healy complied. Mr. Ward then questioned just what needed to be corrected and Mr. Howell replied that it was his understanding from the minutes of the meeting that a variance was granted to Mr. Culver on parking from 56 spaces to 11 spaces. Chairman Bailey agreed. Mr. Howell continued that it was embarrassing for this Board and the City, but under the circumstances where a variance has been granted, he believes the Board would have to say Mr. Culver can do this without parking or he cannot. If there is any correct- ing to do, the question is not from 56 to 11 spaces, but from 13 on the basis of 50 seating capacity. Mr. Ward re- plied that he did not believe it was an embarrassment to MINUTES BOARD OF ADJUSTMENT PAGE ELEVEN JULY 11, 1977 this Board as they acted on the evidence presented. Mrs. Bond stated that Mr. Culver presented 150 seats and knew it was only 50 and ~~. Howell clarified that Mr. Culver did have a license at that time for 150 seats. Mr. Ward stated he did not think there was anything for this Board to clear up. Chairman Bailey questioned what the controversy was which fv'x. Howell referred to in his letter and Mr. Howell informed him it Was the 150 seats. Chairman Bailey asked if that had been taken care of and Mr. Howell replied: yes, as far as he is concerned. Chairman Bailey asked how it affected this Board and Hr. Howell informed him that Mr. Kohl felt it im- portant enough to let the Board know so there was not any misconception because Mr. Culver was talking about 150 seats before the Board. Chairman Bailey stated that at that time, Mr. Culver did have a license which would have permitted him 150 seats if he had been using it from September and Mr. Howell replied that it was not legal as any restaurant license must be approved by the Health Dept. and Building Dept. as far as exits, space for seating, etc. and this license was not. In his opinion, it was not legal then. Chairman Bailey referred to the license having to be approved by the Health Dept., Building Dept., etc. and asked if it was feasible that Mr. Culver was not aware of these requirements and Hr. Howell replied thnt it was possible. Chairman Bailey stated that until the error was found, there was no reason for this Board to believe that it was a license issued in error and he does not believe this Bo~'d has acted in error. }~. Howell clarified that he felt this Board should lrnow that there was an error and it was his responsibility to let the Board know through ~rr. Kohl. Mr. Ward referred to asking ~tr. Culver at the meeting if the license was posted and the reply W.'1S that it was. Hr. Culver added at this time that he has the license with him. r1r. Rutter asked what this Board should do to rectify tl1is error? Mr. Healy questioned why Mr. Kohl's letter referred to permits and licensing and Mr. Howell's letter referred to the Board of Adjustment action taken and Mr. Howell replied that he referred to th~t because at the December 13 meeting, he tried to get this clarified. He said it would be grand- fathered with the Board allowing a non-conforming building to be rebuilt and at that time, Chairman Aranow informed him that parking would not be grandfathered. It was his opinion from that, that Mr. Culver was required to come back for the parking variance at no fee and he was in error for charging another $50.00 since it was stated the parking would be enter- tained on the original motion. Chairman Bailey clarified that he was saying the Board should rectify about the 850.00 charge and application and Hr. Howell replied: yes. Mr. Ward referred to mentioning this at a later meeting and Mr. Healy agreed he brought it up at the June 13 meeting. Mr. Howell clarified that according to the December 13 minutes, he did not have any MINUTES BOARD OF ADJUSTMENT PAGE TWELVE JULY 11, 1 977 choice but to bring Mr. Culver before the Board again be- cause the Chairman said the Board wanted to look at it again. Mr. Healy referred to the period of time between the meetings and clarified that Mr. Culver paid for another application and Mr. Howell agreed and explained how it had been in error and the second case should have been on the original application according to the minutes of that meet- ing. Chairman Bailey stated that Mr. Howell could actually make a recommendation to refund the money and didn't neces- sarily need the approval of the Board of Adjustment and Mr. Howell agreed and stated he wanted the Boardaware of the mistake made and the issuance of the license. Mr. Zimmerman stated in the light of having this clarified on the license and in order to find out whether the Board wants to take further consideration of the case, he moves we take a vote on reconsideration of the case since there are a number of people involved here in the audience. Mr. Adelman seconded the motion. Under discussion, Mr. Rutter questioned the purpose and Chairman Bailey informed him it Was for discus- sion to consider the motion to reconsider. Mr. Rutter asked what they were reconsidering and Chairman Bailey replied that it all depends on the motion and the only way we can open or re-hear this case is for a majority of the Board to vote in favor to rehear the case. Personally he does not think the case needs to be reheard. Mr. Healy stated he didn't believe this should be a decision of the Board of Adjustment as a decision was made for the 150 seats on the evidence presented and he believes the question of reconsidering should not even be taken up in view of the fact that we are a quasi-judicial Board. He does not believe we have the right to reconsider this particular case or any case we have acted on. Mr. Ward stated he thought we probably would in light of the fact that Mr. Culver wants to retract the 150 seat license and go back to 50. }tr. Howell replied ,that this had been taken care of. The Board discussed further what they could and then Chairman Bailey clarified that right now, Mr. Culver has a variance permitting him to have in essence 56 parkine spaces and with 56 parking spaces, he could possibly get approval from the Hotel & Restaurant Commission and the other Bonrds and get a license for 150 seats. Mr. Adelman asked where the 56 park- ing spaces were and Chairman Bailey replied that the variance is for 43 parking spaces which he does not have and provided Mr. Culver goes through the Boards and passes, he can get a 150 seat license. f1rs. Bond referred to granting the vari- ance on the assumption of a license for 150 seats and stated that I'lctually Mr. Howell was present asking the Board to re- scind it and Mr. Howell clarified that he was just bringing it to the Board's attention. Chairman Bailey referred to the facts submitted and suggested they get advice from the City Attorney. Hr. Ward stated that since this variance was granted on the basis of 150 seats and Mr. Culver could take advantage of it and he thinks this case should m heard again. MINUTES BOARD OF ADJUSTMENT PAGE THIRTEEN JULY 11, 1 977 Mr. Howell stated that in his opinion, the variance states Mr. Culver has 56 spaces. Mr. Rutter replied that it was based on facts and misrepresentation and Mr. Culver stated that there was no misrepresentation because at the time, he had a license for 150 seats. Chairman Bailey clarified that it was an error made, but not by this Board. He referred to the case being heard to the Board's ability and also being he~rd four times and stated if they vote to re-open and re- hear this, they might be in violation of the law. He thinks they should get legal advice on this and find out exactly how to handle this. As requested, Mrs. Kruse then took a roll call vote on the motion as follows: Mr. Rutter Mrs. Bond Hr. Ward Mr. Adelman Hr. Zimmerman Mr. Healy Mr. Bailey Motion carried 5-2. Mr. Ward made a motion to table this until a later date, seconded by Mr. Healy. Motion carried 7-0. - Aye - Aye - Aye - Aye - Aye - No - No Mr. Ward made a motion to get legal advice on this, seconded by Mrs. Bond. Motion carried 7-0. Chairman Bailey announced that the people present could be heard. Mr. George Culver appeared before the Board and stated he would like to mffi{e one comment and the Board's ruling is very important to him, but what is more important to him is that he has always done business that his word is his bond. 'There seems to be some discussion. The Board made a ruling on what was presented before them that night and the question was whether he had a 150 seat license which he did have in his possession. Unfortunately this restaurant has been operating not under his jurisdiction, but under his ex-wife and also a technicality in the courts has been holding him up on this building. The license was sent to him by the City. He did not know until after the license was cancelled and advised by Mr. Keehr and Mr. Howell that his ex-wife had not complied with the Boards for the 150 seat capacity. Numerous appoint- ments had been made to investigate the 150 seats, but she did not keep the appointments. He was honest when he was before this Board. The Board ruled on what they had before them. He could only tell the Board what he knew at that time. It is important to him whether they rule for him or against him, but he does not want anyone to think he is a liar. Mrs. Bond asked if he applied for 150 seats or 50 seats and Mr. Culver informed her that his ex-wife applied for 150 seats MINUTES BOARD OF ADJUSTMENT PAGE FOURTEEN JULY 11, 1977 and the Hotel & Restaurant Commission approved it. Mrs. Bond asked why t~e City stated there was an error and Mr. Culver replied that the City made appointments with his wife, but she would not be there and they could not make inspections. Mr. Ward stRted that the City turned it down, but it was approved by the Hotel & Restaurant Commission and r1r. Culver rp.plied that the City turned it down and he understands the Hotel P..r Restaurant Commission tentatively approved it and granted an exception for the parking spaces. However, the City is limiting it to 50 seats and he is put- tine up a new building Rnd intends to apply for 150 seats and meet all requirements. If the Board goes back again, he must come back and ask for another variance. He re- ferred to his time being valuable and questioned just what they were trying to accomplish and Chairman Bailey informed him that the Board wanted to hear what he had to say. Mr. Culver stated that it was important to bring out that he did not lie when he appeared before them on June 13 and two days after the meeting, there was not a 150 seat license. Chair- man Bailey stated thC\t he must have knownsomething was going on since he was present. The Board will listen to both sides. Evidently the error must be taken into consideration. Mr. Zimmerman referred to the building he was contemplating and asked if it would be large enough for more than 50 seats and rIT. Culver informed him it would have the same square footage as the present building and right now, there are approximntely 150 seats there. Mr. Zimmerman asked how many seats the new restaurant would have and Mr. Culver re- plied that if he could get 150 seats approved, it will have 150 seats like it has today. Chairman Bailey clarified that the variance granted allows 150 seats. Mr. Culver added that when the license was revoked, nobody came in and took 100 seats out. \ Mr. Howell informed the Board that he reviewed thisthorQghly and the application was submitted for 150 seats approximately one year before it was inspected. He told about the inspec- tion procedure and how it was denied because there were 96 seats. Mr. Healy added that the inspection sheet was dated 12/2/76. Mr. Howell continued with explaining how the appro- vals are noted on the back of the application and advised that it was signed by the Hotel & Restaurant Commission, but the Health Dept. and Building Dept. did not sign it. He explained how this was probably how the error occurred with the clerk noting the 150 seats. Mr. Healy questioned the procedure for processing an appli- cation and Mr. Howell explained how it was submitted to the Building Dept. and inspectors are sent out. Mr. Healy re- ferred to the Hotel & Restaurant Commission and asked when MINUTES BOARD OF ADJUSTMENT PAGE FIFTEEN JULY 11, 1977 it came to them and Mr. Howell informed him that before com- ing to the city, it is approved by the Hotel & Restaurant Commission. Mr. Healy clarified that when the applicant re- ceived the license, he naturally assumed every department approved it for 150 seats. Mr. Howell stated that in his opinion, Mr. Culver has the authority from this Board to rebuild the building, but only to rebuild the building and nothing having to do with the licenses and what it will be used for is still up to the Building Dept. Mr. Healy questioned the procedure for licensing and Mr. Howell explained how the various City inspectors made in- spections when an application was received. Mr. Healy asked about the County and Hr. Howell informed him they did not come in until after the City approves it. Also, as far as the liquor license, it will not be issued by the State until approved by the Building Dept. Chairman Bailey then asked if anyone else desired to address the Board. Mrs. Janet Hall, Sea Mist Marina, appeared before the Board and advised that she owns the property to the north and east of the property in question. She referred to statements at the Board's henring mentioning that the purpose is to prevent a hardship on property owners. This request was for a 150 seat license and it wns mentioned that it was a hardship; however, the license was not issued legally and it was denied. She told about having difficulty obtaining information from the Building Dept. There is not room in that area for a 150 seat business with the parking it requires. A variance was granted on the grounds of a hardship. The hardship would not exist if attempts were not.made to upgrade this restaurant from a carry-out operation from 20 seats, 50 seats, and now to 150 seats. This is a quasi-judicial body and as of tomor- row or the next day, the time limit will expire when they c~ reverse their decision. She respectfully asks this Board to reverse their whole decision on this question from the other night and let it be brought up in the proper way with the proper building, seating arrangements, etc. Chairman Bailey Jreferred to the time limit mentioned and Mrs. Hall replied that she discussed this with the City Attorney. Mrs. Hall continued that she made the statement at the previ- ous meeting that the license was for 50 seats because it was verified by Mrs. Culver and she was not aware that a 150 seat license ever existed. She went to the License Department to find out and found out the license had been issued, but the application on the back showed it was never approved. MINUTES BOARD OF ADJUSTMENT PAGE SIXTEEN JULY 11, 1977 Chairman B~iley referred again to the time limit and the Board's decision and Mrs. Hall informed him that she checked with the City Attorney and was informed that this Board should immediately rescind their action because nobody can reverse a decision this Board has made and they only have 30 days to re- verse a decision. They can get out of it by tabling it, but there has been a serious infringement with considering this case as a hardship. Also, Mr. Moore mentioned that this Board was used in that respect. It would seem since there is obvi- ously considerable discrepancies, the Board may consider nulli- fying their action at this time with the intention if it is brought up in the proper manner to act on it with the true facts. Chairman Bailey replied that he thinks the circum- stances being as they are and since the Board was misinformed and an error was made and it was only brought out now, it could possibly have some bearing on the time limit. He thinks she can rest assured th~t at their earliest convenience, they will find out something about this. If tomorrow is the last day and they have to mal\:e a move to protect the time limit t he is sure it will be made. This Board has agreed to rehear it, table it and seek some legal advice. Since time is of the essence and if it is necessary to call an immediate meeting, to resolve it, he is sure it will be handled that way. Mrs. H~ll referred to the Board protecting the surrounding property owners and advised that she represents two and feels they have presented their case with the facts as now presented. She feels this should come up for another hearing to give them al opportunity to again present their case. Mr. Ward stated he thinh..s the Board's actions regarding the time limit could be extended since they have agreed to rehear the case. It pro- bably would not hurt to check into it and find out. Chair- mem Bailey then passed a paper around and requested everyone's phone number so he could advise them after checking with the City Attorney. Mr. Howell stated that he wanted to personally apologize to Mrs. Hall. He referred to her difficulty obtaining the re- cords and advised that he chec~ed into this and when she came for the records, he was at a meeting in West Palm Beach and some new employees were not aware that the records are available to the public. Mr. Rutter suggested that the correspondence submitted to the Board members be available to the public and Mr. Howell replied th~t all the letters were in Central File. Mr. Healy added that the Board passed a motion previously to have all letters from this Board. become public property in Central File. Mr. Vincent Molle, owner of Smokey's Wharf, appeared before the Board and stated that he wanted to be sure the time limit would not close them out and they would have recourse. He has some certified copies signed by Mr. Howell that were MINUTES BOAHD OF ADJUS TI1ENT PAGE SEVENTEEN JULY 11, 1 977 requested by his attorney and he assumed they were all there, but they are not. He will request the others which are miss- ing. He tried to apprise the Board at the beginning of the meetings that there was something wrong, but he didn't know how to do it and wants to be sure the time limit does not close them out. Mr. Rutter replied that he believed the time limit was protected with the motion to table and rehear. Mr. Molle continued that there are discrepancies and he mainly wanted the time limit not to close them out, so they could not appeal it. Hr. Zimmerman referred to this being up to the Building Dept. and asl~ed if a permit would be issued under the present con- ditions and 1~. Howell informed him that a permit has been issued. Mr. Molle ashed if the 50 seat permit was legal and Chairman Bailey replied that they probably did not have to be concerned with that now. Mr. Molle clarified that it was the assumption that the 150 seat capacity is not legal, but he would like to know about the 50 and Chairman Bailey informed him that the members have agreed to research this further. He again requested those present to put their names and phone numbers on the list and advised them that if there is a meetin~, they will be notified. Hr. Healy requested that copies of the letters be made and sent to the members of the Board. Chairman Bailey stated that if a meeting must be called for tomorrow, he will see that copies are made and available right away. He will talk to the City Attorney in the morning and if a decision is made that the Board must meet right away, he will make sure each one gets a copy or will mail one to them. Mr. Rutter added that he believed it would be interesting for the City Attorney to show a situation where a decision has been reversed. Chairman Bailey suggested that they also request the City Attorney to be present at the meeting and the members agreed. \ ADJOURNMENT Mr. Rutter made a motion to adjourn, seconded by Mrs. Bond. Motion carried 7-0 and the meeting was properly adjourned at 9:25 P. M. Respectfully submitted, Jl .'J L// ! ~~'k/~~_/-~}( /:)>t,U<2l-/ Suzanne M. Kruse Recording Secretary (Three Tapes) M B M 0 RAN DUM TO: Hr. Gene Moore City I\ttorney June 28, 1977 FROM: Mr. Dcrle B. Bailey Chairman, Board of Adjustment Per the attached minutes from our Board of Adjustment meeting of June 27, 1977, PAges 1,2, and 3, you can see the members had quite a dir::;cussion whether it war::; necessary to have four votes for either anproval or denial of a variance. A motion was mRde requestin~ thRt you please forward your written opinion whethpr it tal:es four votes to Rp!'rove, which you have acknowledged, or four votesto deny - four votes either way? Also, in the event of a tie, who will break the vote? July 1, 1977 The only matters that may properly come before the Board of Adjustment for adjudication are requests for variance, special exceptions or an appeal from a decision of the building official. In order to grant relief to the applicant in any of the above situations, it is necessary that he obtains a concurring vote of 4 members of the board. If less than 4 concurring votes are cast in favor of the application the result is that same is denied. The ordinance further provides that no action shall be taken unless 5 members are present and voting. Therefore, the only instance in which a tie could result would be in the case where 6 members are present and voting, in which event the requisite 4 votes would not be obtained and a denial would r~sult. In the case which precipitated the inquiry, the only suggestlon I would make would be for the Board to r~~ until such time as an alternate member could be present and participate in the votinq to replace the member which had abstained because of personal inte~est. GENE MOORE, City Attorney GM:pm LL ,(' -) ()) ~ ') ~L) 7 l 1\ lLl.~" >_t)\- " . ~,It'"\ ~ttl" It' !t i.I 1\, ~ J ( ~ f \ I ' .,1\ 1 ~ MEHORANDUM 'Ib: Frank Kohl, City Manager July 5, 1977 From: Edgar E. Howell, Building Official ~ Re: George Culver and/or Laura CUlver - Pennits, Licenses and Board of Adjusbre.nt action taken December 13, 1976 I understand that there is some controversy regarding the above, and I hereby sutmi t the following information to help the Board of Adjusbrent to clarify the action taken on this item at their IlEeting of December 13, 1976. There was a license issued September 2, 1976, License No. Al027 for 150 seats (evidently an error) . This had corre before the Building Depa.rt:lTent for inspection and was turned down--denied for 150 seats. However, when the girl typed the license, she obviously looked at the application under references where she saw a notation: "previously licensed" thereby taking this to mean 150 seats. It is true t.'l-J.at they were previously licensed, but only for 50 seats. At any rate, the license was inadvertently typed for 150 seats. This was brought to my attention on approximately June IS, 1977, at which tine I instructed r1iss Lil Bonner to void the license for 150 seats and issue a corrective license for 50 seats. A copy is attached of the original incorrect License No. Al027, which has been voided and a copy of the corrective License No. 2931, which replaced same. I then requested Mr. George CUlver to <X>ITE into my office and I explained the typ:>graphical error to him and personally handed him the corrective license, plus a check in the arrount of $100, representing t.'l-J.e refund due to t.,e difference in license fees. Mr. Bert Keehr, my assistant, was present in my office at the tine of this transaction. My personal opinion, for whatever it is worth, is that the Board of Adjustnent, at their rreeting of December 13, 1976, acted within their judicial rights. They do have the power to grant a setback variance, and in my opinion, this is what they did at that meeting. A copy of the minutes of that rreeting are attached for your reference. In allowing Mr . Culver to rebuild a nonconfonning building, it would have to . . ~~~~~~5~~~~,:.t.':" ICE .~$ E LM~~:;::~~~~'tyJ TwO. o~rs" ~ Hut '.' :' .:...... .';:. " . t. ....~ :-:':~"':.:. '. PENALTY . '. .;' .C.;'.~.... ". '. '"- ..' '.' c. .:.'- ..... '=. <'.': . !.;;..;" :,..., '.. : . 0'" TE" S-e<>L 2. U16 l . .' . .::.:;~.:~\~~~.,~:~,~;.~ .~'.:'.::'.r;< :'~ 'B'u~!~~~ ~~'O;;~p;ti~'; of CI.;;ifi'cati';;, .,..., '. .-.... >::.,:....:.:>:; Ia bmby' U<<""d to Fag.g,. ~n..... '. ....:.. "'.'.' '.. .,: ".'" ........,.~. .,', ;,.-. . . :. , '.; ;. " !. -;.-.- .,:c., 0:'." :c;..' >: ".,." ' ~A{~J:2:.:1ii~:~ist~:f:~\ti1~~t(~r"~:,:; :l~ ':'i~:~~?~~ :;ti3if ~0~2W;;'::~,: II - . ..: '..' ..;..~:...._.:~....~:....:::...:!.:....t:.''''~f'';;/~'''-':':'';.''{' .-;~:- :':'.,..' ..~,.'.....~,....,._... ,.. ...M~CIHG.-~-1.. n LOCATION :.:..:. ...;.-. ". ..... _ ..... .: ""'-.;.....~ ~ n.;".: '';.;', ~ ~,.' ....::-:-;.:~ '. 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""_:" ;~ y ~ ".~" :;-'., .; . "::.' -: .- o.~''''';P o. .'4'''' ;. "'....d o.l.u I,,~K' '. tl" .'.:~.:. :'/' ~~.~.rt.-.!. ?3~15' :;?~();o i:1'}C.-!~ :::~;:\~ ,~,~L~.~!~",,:.~m,~.~r~. c;"n:;'~\ .(;' . ..'. ....,.i- '.': ...:.... ',:1 .,..; .:".- ..:.........+-.;-: : ',:.'" .'~;:.~,,:;....:::.-:. .; ;~~S l:; . -li-i. Dj/; ~., e. - at. .., ,..:.... ':. .: '. <.: ~'l ': ;;y i/;if~;:;;(/{~ it!;~;~~j ~~t~:ri ~:~;1 ~:i~ :,;:!:i~~';" :;f~: ,< ;;,;~~,- : . :.,8,: ,.,,:. ': UC EN" :'.~~;; r-otIT THIS UCENSE I.... A .C:c;'NSPICUO. - . :~:' .:;. :. oJ ".\-~ .... . .~.. ,- -.-..". . -..' " . ~ . '.' . . . . T~' G;::G::F~::~:E:: .. '-li~ I' c' ';'~N~:st.':~r...~~~:::::~~9~!~~ei~ Direct Payment Requisition dated 6/16/77 PENALTY shows refund of.$lOO.OO. DAT~ 6/16/77 Ia brrtby Licrnsrd to Engagr in Businrss or Occupation of Classification CORRECTED COpy ) Restaurant - 50 seats .' . LOCATION Two Geo.rges~ Casa Loina~B1Vd.' 'I'OR TNa: ra:'UOD CONM&NCIHr.I 1 0/1/76 '. .. "HO &NOIHIS 9/"J.O/77 r '. George;W. or'Laura Culver dba TWO GEORGES HARBOR HUT Casa lorna.Blvd. Boynton Beach~. Fl. ..33435'. - -... - - -~ -- -. --- - ._~-_._- ~ ~_.- --- TO " , . ... '.:::. : ,:.:-/.~:~ ,.:: .':', :>t~i~. ,'. Occu' tional~lice~se Depi. y Fi re Dept., . ..,' ...: -. - '. ~ ~. - .. ':.. -~. . "~:..'..: '.:.:.. -: .... ." "",' -, S~BJECT;." 'Please inspect 'f~(an:'.o:c~Pttfonal-;~icen~e~"" ".:~ --.-'" ':DATE:: 12/2i?6 ;.'''; F~ ~.;. i -::..-." 'f :'. .. :'\;'{~~'~';'::~';" f:,:S:;::~,~~~ ~;' ..!..~:c~~~: ,:": ~';.!:f;;~-L~~i~;f:~-;{;;;'~;':( ;::t:':~;~ ~~ ,,:~~,:~ ;. :l;~:~':';"~::, .~,~. ~'~~.:::: :'.: "_ ..T . .1.',-- - 'p~.". "',-. _.,~. ~""':"J"''-'';''''''II...A''')t'lI._......;.J''="~''' /'-:: 1+-;"'-Ji.!O" ...~..I'-:J~..{" ~r._':' -.., 'r.:' .~,,_r_..~ .,..-""._.;1- ....r ..-. . f:-~:::S :-:':"~,.':: ,;,: .~. . '. . . ~:'.,; : "'1~:::~:' ';,.~'~~~.-;~ ~~,/: ~ '.:~~~..{.:.:..-~;.< :.;;~.~ti~;.i'~i" f~;;<;~.;~.!{/~:~?'~'~:'7-:'~~,? ~:.; ';>;ST::;':~ 01.-:........;,;.'. ; ~. ,L.... George .w. Culver ...-dba,~':~"""~.;~:T""to.~...~..~-.. '-e''''i~~~..'l~;i.:.,t..~.:.;:;~~-..:.;-''!- ~_t~~-=-....~!-,,'.......:,.... ,:;..-..:: ":=',";'.-.: .. l _ . . . ~o!l...-.;r .~ _.... ~--y..,.r" - '"''':''\ l.a ....,t.. r <iT... .,..t.... ...... --.l r7_' '". ....".. " ::- "..... ," ii '. .~_' ... ';'.: . , TWO GEORGE' S HARBOR HUT ~::-..'';'-:;'' .,.,~ ,-"-~ :...~: ):;'i."'!':: "'''''T'.~~:- :~ :.:.,:......1'!..i:.~. ":~.4 .;. :....-..!"..,.... " .~.~, -: . :J.~:'''~.''~,' . :..:. . . -- .', ... .' l ....~..;.~.l...._:.v..:'. ....'d,:~I"-- ';~':':I :;-'. ~...~,;. ?:.......!.::.y- ....."".:""1'-; .'''.;of.....\,. .", ~ . ...~. !'-3:..j -.~...- '::'. "f ." "'. .-',' , " ;:: .... Two George' s Marina -;..",*"t:~.., -" ':;:<-'''.:, ". ..'::YL..., ,"'- :~:.'~ .,....':""-;.. ~,~i:.;.. ~".';";.. i;.~-~.-..:-...1 :,-. ..........' ,~~... :.:;,-'>.r-'~ : . . ._..~~~!..r;)':"'~~~_:-~.:"';r~~'~"=-~'..:;'~~-2..,.t~'~;:~:.r~~r30:~~~::,,~'\~~\:,!!~~~\..4 - :;".,~"-'.'!"'.~~ :,";::-. ': _':: .- ":. , . Boynton Beach. Fl ~'~:-i~.J.i.-;:::-::-' ~~...r-:'-~;"i~~:~;:'...".~1':i:.';':''',;,:-~I{' ~~~:.o.:~"":'-~':--~~'%'~:':':' ".-;-~'. ~".;;;.,... ;,:.(,:, :- "~'~tY? \~:~. ;/~,,-~ ~ " ,:-:;.,::~~.:?:<::<~.~i~~:~,,\,%{~{'~(;'~~:~:;/~r~;;:'~'i:;:?rr:'_~t:~tf:-;S:.t~!;i~~~'~~: ~,~ti~'",!:':~~::'~~~~~~~, .. .... .~> '';.'''., "Restaurant: '7/ 3 employees... .$1.000 stock ,&:150. seats. :.. ;.,;:.....-.,~..:. -.;' .~.,' . <;'.,-:":..,;:---'."; ..... .-':' -,. .' . :. -~. .. .... 'PLEASE .REPL Y TO.:. . . :-'. 'SIGNED' . .::-:;,-~.:,..~..::.,~~.:. ;;~..,~.~. ;:<~: -,- ::.;':~. ': ..:....~':- .....::.:.... ': ';' . >:" :"'.' REPLY. F'.:: 1- " . t.~. " " - ... .: :-; ....~.. .' .,. f . -'-' r' t.;. . .... ~. .'" ~ . . :..... . ....;." ..1;. _:' . '. '" :...~. :_: .~~;:.~~:~~~.~.:. -s;',' ".: .~~:~;~: .:.-._'~ ':. .....'-:,..- .. '-.:". - . :,." .... '. .:~ . /. ...... '.~ .... ~. "':..- -."; '.-" . .' '~-. "... - . ".'::...'!'.--.... ,- ~ . \ . ,- " . ~~ ',',' - DATE: , SIGNED' 1.~ .":- " ~ ~...:;.. .. . ., . . " ., ~:...~:;.;~i.;~W:t~"~5.',:~./". ~"'. "..' .......:................... '. . . OETACH~THIS...,CO"-Y~.~~.Rahui.a=O&;~W~~Q...WHJIf~o.:..e.lbI".XQeJrs~ITJi ,.CARBONS ,JNT ACT."; .~. IU ':.:::~.;:'~.R~~u'pat1~~1.'~ 1ce.ns~ O~~t. j . ~;~~;...\:~:>:fZ<~:..;~.:/.~ ::!..;;.:~/..:._,: . _' .i \.-~ '~~Duil~ingDePt. .:J. . . . ..' -:', . ", .".....".. "" ~~ ':.} '.:' ....# ,". :-: C. ". ~ ,.'.'" .r" . ' . ...... .~: . . I- .' ,-:' '.. ~- .J of ~.' ~~ :: -r ,jo......- I f 11.. ,. I!~J , ; ., . ..,- -,... .' :'..~.~. ~.~ ~ (' /' ,- P. O. BOX 310 120 N.E. 2ND AVENUE BOYNTON BEACH, FLORIDA 33435 - ." CITY of BOYNTON BEACH Office of the City Manager July 5, 1977 Mr. Derle B. Bailey Cha irman Board of Adjustment Boynton Beach, FL 33435 Re: George Culver and/or Laura Culver Permits and Licenses Dear Mr. Bailey: We attach hereto information from our Building Official, Mr. E. E. Howell, which may assist you in the above matter. Yours very truly, CITY OF BOYNTON BEACH city Manager FK/db Attachments ,-- ?vlIK1JTES C~F TT~E 30f~RD C:r'" tiDJUST::J~I~T ~~:E2~TIliG fIELD J':.T CITY l~.f\.~-L, BnYi'trClr B~~AC~i, FLORIDA, ::mmAY, OCTOB:CH 25, 1976 A'!} 7:00 ?:':. PRESE1'~T ( Joscyh ^ranow, Chairman DerIe B. Bailey, Vice Chairman George Ampol Robert Gordon, Secretary Vernon Thompson, Jr. Fay Ward Walter Rutter, Alternate A. J. Caravetta, Alternate ~. E. Howell, Bldg. Official ABSEHT ( ,~.lvin C. Boeltz, ~,( /~ ii/&(7t,) Chairman tl.ranow called the meeting to order at 7 :00 F. :'. He introduced the :Jembers of the Board, Building Official and Recording Secretary. :.'linutes :::,f SeT,ter.1beu7-1- 1976 l':r. Bailey moved to acceeJt the minutes as submitted, seconded by :,';r. Thol"1pson. !-lotion carried 7-0. OLD BUS i:.!ESS Ap1)lication fro:?) Robert Trester Hr. Gordon made a motion to remove this fra:n the table, seconded by Mr. Rutter. ~otian carried 7-0. Chairman ..'\.rano',i[ read a letter from Nr. Trester adv:!..sing that the Building Department had decided he did not nc;c;d a variance. He ref0rred to spending time and money and r~quosted the filing ff?o be refunded to hin1 in the amount of~50.[:e also requested his application to be withdrawn. <- Chairman Aranow then asked the pleasure of the Board. ~~. Rutter stated that since he had a ~eQring, he is bound by it. ;.:r. Ward added that if it was virong, he filled out his a~plication wrong. Chairman Aranow cl~rifi8d that he thought they must pass on the withdrawal of thA application and ~~. Ward agre~d, but ad!ed thnt he did not like the inference that it TIas someone else's fault. Chairman Ar~now stated it was not within the 30ard's jurisdiction regarding the refund and is sure I\!'rs. .Padgett l-:nows about this. He assumes the oriGinal letter is on :iile and :Ls sure: j,irs. Padgett '.'fill direct it for departmental consider~tion and give the man justice in connection herewith. L ;.fr. Bailey made a motion to accs pt the withdrawal of this alJ2Jl::..cation, seconded by Nr. Thompson. !'To discussion. :....s requested, ~':rs. }'ruse tool: a roll C:111 vote3.s follows: ~ >UNl!TES BOAPD CF ADJUS T:']}-==,~T OCTOB!R 25, 1976 PltGE IY.'O ( f''Jr . 111' . ~\'!r . !",y> _ J._ . ?,1I~ . 1'~lr . ;.:1' . Sailey - Aye Rutter - Yes I,Vard - Yes Thompson - Yes ll.lnpol - Yes Gordon - Yes Aranow - Yes Motion carried 7-0. NEVi BUSINESS ( P3.rcel :'/1 - Lots 1,2,3,4,5,6 & E 15.35' of 7, Case. Lorna Recorded in Plat Book 11, Page 3 Palm 3each County Records Request - Relief from 25 ft. front setback . requirement to build up to front propsrty line, to remodel and adci an extension Address - 728 Casa Lorna Blvd. Applicant - George W. Culver ~~. Gordon read the above application and advised a variance was requestc:d to replace a part of the non-conforming building and rebuild same to improve the services to the customers of the TVJO Georges :'.larina. :<ir. George VI. Culverstatcd his narne and his address as the 'r~'10 Georges [.larina, Boynton Beach. Chairl'!lan Aranovv' referred to visiting the location and having difficulty telling the back of tho street from the front and the way the lot extended aLd he passed a plan to the mel::bers to review. ( ~~. Culvor then inforoed the Board that he had a ~renared statement to read m:d passed a copy to each mel'::bpr oi~ the Board. Before reading the statement, he advised that in the notice to the ~Jublic, ','Thich he checl ed with the City CIerI.' s office and si~ned, it stated to remodel and add an extension. Howeve~, he just wa~ts to remodel the building and not add an extension. He then read the attached statement. Chairman Aranow rQfer~ed to the plan being reviewed and as~ed HI'S. Yruse to return it to ;.:rs. ?adgett. (HoY.-over, after the application ~as presented, Chairman \ranow decided to keep the plan. ) c Chairman Arana\': then asLed ?,1r. HOVlell v;~1a t ~:;Cl8 the zoning on this property before June, 1975, with the restrictions as far as 82 tbac3~s and 1:11'. Hovlell r8:,lied the' t it YiCl2 C-2:T8vi- ously ar..d is C-4 presently. He then read Page 13 of the? old zoning regulations. He pointed out the only difference is that the side setback required 10 ft. on one side u~d now it is 15 ft. Chairman Aranow questioned if he does h2_ve 15 ft. :.1 IIW TES BOARD SF ADJUST'SrT OCTOB~~ 25, 1976 ~J~I\(;:~ frI:R.:~'E ( available and >rr. Howell referred to the survey cmd stated that he understood the ~revious landlord dedicated the street to the City. If it was a private street, he would have the setbacl:s. He d8es have plenty of room on the side. He co::;es up to the water in the rear. However, this is on the basis of ha.vil:g this building facing the stre:t. ChB.iruc.n Aranow re~ar' ed thclt possibly it was better if the building faces the rear as he has ~lenty of room. This was discussed fur- ther a~1d Chairman Aranow asled ap;ain if they had the side setbacl c.nd I'Ir. Hov.rell replied that it \';as more than a::;~cle. ( Chairman ~ranow then referred to the question of what was going to be built and Mr. Howell clarified thut under the existing ordinance, .-:..f you have a non-conforming builc:.in;:; on a setback, you can maintain it; but inst0ad of xaintJining it, he ~ould like to tear down part and ,ut do~n pilings and put u: a dece~t bUilding in exactly the same spot. He would li>e to do thf; whole building liLe this eventually. He v:a:1ts to tear it down and put it up properly. r"rr. Thompson as>ed if the buildiYlg vIould be the same size and >:r. Culver agreed there ':!ould be no che.nge. i.Ir. \~'ard clari- fied tllat the setbacl:s would have no bearing ,-,-nd ?:r. Howell raplied that he probably would want to straighten out the building. ~.!r. V:ard then askc;d if the pmver pole ':Jas on his })ro[)ortY'Jr an easement and l.~. Culver replied that it was on his property as no case~ent has been given to Florida Power G Light Co. and he \'!all:S to have it tl1oved. ~vrr. Ar:1Pol cues tioned ':'lh,::: ther they would 1:10Ve it and J.Jr. Culver replied that they would or may' want him to !;Jay for it. :'T. Ward questioned ,-':hy it vIas located on pr.~vate prO!;Jerty and f"IT. Howell referred to the :public r~ght-of-wny bein~ more or less parking. <.. ;'.:r. Thompson referred to him tearing dOI':n half 01 the building ar:.d replacing it 9.nd asl:ed if he was violo.tine; tl18 non-conform- i ty 2.a'.'l and )'.Ir. Hov/ell informed him that the ordino.nce st,']. tes you can mD.intClin a non-conforming bUi2.dine;, but vJhen you cet into more than 5~0 denolition, you are reconstructing. ?his is what he \';c:u;.ts to do. Mr. Ward questioned '.'!hether this would be cr0ating a self-hardsh~p and Chairman Aranow rnplied tho. t this is SOl:12tiling the Joard must dctort:1ine. He ad~.:ed that this is the big problem. TvTr. Thompson referred to bcinR familiar with the site and Questioned what would haD~en if he doesn I t i'11prove it ond l'T. Rutter rem"rir-;d th.:1.t it '~;ould d.91TIol- ish :_ tself . l :.;r. Rutter referred to IT. I.~. 1st AVf:~'nue and as'-:,,'d if it '::ould be affected by any future building or zoning and '~. Howell r2Dlied: no, this is 8. right-of-way ded~i_cated to the Ci t';l. ~ l.JINUT=S .30C:-::>D :F .'\.:='JDST\'::::-'!T CCTOE:R 25, 1976 F~~G= FOUR ( Chairman Aranow r2forred to putting in pilin~s and as~cd if he was going to put the pilings in the water and ~~. Culver replied: no, t~eY,would,be,on the l~nd 28 he just_~a~t~ ~o reulace the eXlstlng bUlldlng. Chalr~an Aranow c~~rlflea that the bUilding is now there and is on the land and :~. Culver c..r:rs.;:,d. Chair::',:m Ar3now as1:ed if there ':.'.auld be no pilin:;s in the v:atc:r at -"tll and Hr. Culver r'C'2"'Jlied: no. Chairman ."~r~mo\'l asLed if he ever thought of buildinG out over the ,,';atcr ?:nd =,:r . Culver replied: no, he v:ould be taldng aV.'ay doc; .ase. Ee ad:led the, t the building has been there for 25 years and. he cannot sse v!hy he has to EUJ,hcre to s::;tb.:lc~-s. If he had the :no:r..ey tv:o yc::ars ago, he could have 'built to the property line li~e his neighbor did. ( Chairman Aranow clarifi:d that the rroblern is that this is a non-conforming building at the ,resent time and you cannot reconstruct a non-confor~:.ing building. They l:1USt face thj.s problem. If he doesn't reconstruct, there may be a hardship. Someone must come up ',;',i th em answer and he does not thin};: this ::?,oard has the authority. T"Ir. Culver infor::'led. him that the builc~ing beca::'e non-c onfor!Y'.ing :: uring the years. rl'here have been all 1:in:,'s of laws and ordinances l')assed since it was built. ;.:r. ~mpol questioned how old the existing build- ing Y:as and '.Ir. Culver infor~j1ed hi~'!l it ...:o..s 1:101'8 than 25 years old. :Ie ac.:c~ ed th2.t he is looldng towards the future. If he can't have the bUilding, it vIill :9ut him out of business in the fu tt.;,re. ~:r. Rut tel' questioned the a rproxi::1ate ex'pend i ture on the :i.:!l)rovcnen ts a1:0 "r. Culver rs:;:lied that by the til:le it is finished, it ~ill C8st close to 190,000. Mr. Bailey clarif.~.ed ti:at this ':'culd be a total ~)roject figure. ;:r. Howell questioned what ty~e of construction he was planning to use and =~. Culver informed him it ~ould be all concr8te includinc the roof. l Chairm6n\r-:mov; c?scert3.il-"ed there v:01'e no fu1'th'r c;,uestions from the ?8ard me~bers. :re then rsquested anyone TIishing to speak in fnvor or in o~:osition to this n;:lic.:l~ion to ~0pear befor2 the 3oard. l ;<rs. J3.net Eall stated hc'r ncU:18 and D.c.~vis(;d that she \"'as the adjoining propert.. c~nor. She strenuoucly objects to the variance for a s tback. ~his should never have been nut in l'n tn0 I~"rc:t "'l',cn "ll t-'10 "l"~'~~ ..., ,..... "'..,.... '" ...., ",-c'.".. "'t L.~ -~ ~ _c--'-' ~. ."-~_ vL~ OUl_d.l,",-.~ '.,r~ ,c...." tv ",1t: ..cot... e,__ boundary. Tho question ~t hand is th~t the pnr~ing should be considered. At the ~rpsent time, she is ~rovidins ~~rl,inR for this business. Secondly thoro is a ~ov0ru~ent oTITIed strip on th2 cas t end and she t}1iTI~:s it sl::wlc.', o. res olved '.~!:L"o, t they can end c3.nnot (0 :J.long t;1c..t stre-t. ':r. Rutt::;r llustioned if she h?d a rcsidcLce or 'cusiness a:1Q ::rc:. 1:'0.11 rr:.'Jlicd th~t she has a r:1<3.rina. ;Ir. AJlpol clarifioc! thC'.t 3118 owned ti18 S(;9.mist :';9ri::1a and ~:rs. Ha.ll aRr,-;c:d. l'T. Aurol r,'fr."r:e,:d to h'r rec9ntly bui16.inc a n~w buildinG and l',:rs. Hall ,?J.r,r,~; d o1"..d n,dC:ed that it 1,'/;3.S le[3;al. T;~er8 ','fas nothing non-conforrJing ....~b:Jut the building. :-HNUT2S 30A?D=Jo' to. T\.n:S T?iiDI:T OCTOn?R 25, 1976 .?J\. () ~~' F DJ:~ ( ~r. Amfol stated that she has a new building no~ nnd objects to :'lr. Culv8r ~;utting up a new bUilding now and :T2. iIc111 rr;- ~:liec": no, not i.f the :carl'~ing rcquire::lsnts and other r'"":'O,.J.U"2- ~e~ts in the code are ~dhered to. .( Mr. Howell referred to thA survey and asted if he owned the waterway Gnd ;.jr. Culver pointed out that his property runs to where the survey is inclUding the water. He added that the Searnist i~arina has a 30 ft. easer.1ent. Hr. Hov:ell qi.,~;stioned the v,'::..c: th of the \':ater"'lay 3.nd :'2'. Culver infor:.:ed hi.T:1 .::.. t \'[3.8 124 ft. i--fr. Howe LL clarified th:1.t he Vian ted to ~~oir. tout tha.t according to the survey, he could set the building in the water, but he is trying to save the v!aterv,ray. He added that he would have to issue a :9Grmi t if he wa:lt.::;d to ";0 out ewer th8 YJater. :.Ir. /Lnpol th8n eS~'.cd if 11e VIas in CO:l11:etition riith ::rs. =;:.::'.11 and ~~. Culver replied that they were very competitive. ;'.lr. Thom-cson referred to the surveY and Dointed out that if the buil~ing was noved by 25 ft., It wouid leave about 50 ft. dock. Chairman ^rnnow stated that the question is if he ~nnts to build on the land and not over the ~at8r, the~e is a problom. ::r. Culver il1for:~:8d theI;i the.t he v!2.nted. to builel on the land. He just ~ants to replace the building. It is ~ore expcnsiv'e to go ov(;r r-.rater. Cho.irman !\r.:::.now r('-.:;~cL_e6 tll.?t he would be allo~?d to build ever the ~atcr Qnd nobo:y cculi ~to~ hiin. Chair:'!lcJn \r~:).no\'J then requested anyone O.Lse .'esiri~G tc S:'82.1-: to a~~ear before the Board. (. Dr. Jir.1 l.,~,;rornl=e stated his na~~:8 ttn.d a.c~,v~=_GGd tr~<:; ~0~J_r~- tl:o.t ~le Was a close friend a~d business associst0 of :~. Culver. He stated that Mr. Culver could still continue in business in the old building. However, to hiM, it ~ould be feasible to allo"'! 0. TIC'!1![ building. The ~J9rl:ing 1:.'on't cnC'.I'.!:;o. '.L'Ile nbjec- tions to parting are l:ind of ridiculous b cause it ~ill be the sa~e wheth0r he stays ther0 or not. TIe just ~ants to build sOlr.ething ':Jhich vrill acid to the co:,::imni ty. Chc.J.ir:;~an ;\ranow rc ~~li2d t113. t they l~no~'[ he c -.:Jll con t~Lnur::: in o<.lsin0J GS '.'lith '.::hat he ha.s, but if he 1.','3.ilts to r'2c:~11struct, it is 8.nother question. r.2hey under,Stand t:lO [::~i_tu:lti(m th2t he can stay there. He c:xlllained how none 01 t:,c; .r:;,e.ly'rs of the 30ard \'/ere out to hurt anyone. They tr:/ to lo()~" into all sides before coming to a conclusion. c Dr. \1.' ornl-:e continued tl:3. t':.f r.Ir. CuJ.vcr ,~." ts rlCrJLission to build rwer the r;ato:.', he '.'!ould lose c::'~i.To=:i;?1.:J.tcly 15 l'IO.ter spots which would croate a h~rdship on his 1nc088. If a hardshi:9 pro~osition is ~art of what this Board is listening to, he thinl-s L t would be a tremendous h:--:rdship to !ca::e him build over the water. He would Iii G to get a varj.culc8 to build in the saxe spot. i'.~Il~UTES BO_~\~D OF ,,\j)Jl\C; T:.:!i~:\:T OCTO~~R 25, 1976 rAGE S L\ ( !1r. Vincent Molle stated his naL:e and advised that he is the O1;'mer ofSmolcey' S \"iharf and is a former tenant of this building. Four ye2rs ago when he was leasing in this build- i~g, ":r. C1...:1vcr ",','3.11ted t~1e building condemned e1l1U he had to ::lOve out and he had to ~:8.y rent fro.':! Februc,ry to Septo:nber. He c-ioes not l.no1.'! how he got it relicensed, but h2 understood it was condemned. He built a new restaurant and he could not build over the water as you must leave s:~:ace for 8:J.:;rgency vehicles in the rear. He had to provide sufficient parting. The idea of the code is to upgrade the community and this would only be com,ounding and extending this violotion into the future. So~e of the remodeling on this building has 0..1- r03.l:y 'oecm done '::it~1 enclosures to t:1C ~:Ur..1pstsr o..reas, etc. ~hey have a concrete slab under a hut and every day when they wash it do~n, they wash it into the City raved street a~d use it as a gutter into t::18 can')l. He W2,S told by Jacl: Jarrett that he could not extend in bacl' of his buildinr ~s there must be a 20 ft. right-of-way. Also, the City }aved ~he road for thes0 ]eo~le, but he had to fight with the City ~n his new p12ce as they would not run the sewer to him. Ea feels if they are going to allow him to build, they should ~~G him conforr:1. He had to builc~ ::J.ccording to the code cJ.l~d thinks ~~. Culver should also. ( Chair~an Aranow roplied that what hanrened four or f~ve or even twenty years ago is something the 30ard can n~t do ~ny- thinG about. If n ;Jrmit ~as ~iven ~hen it choul~ ~ot l1~vc been, he would hove boeD the first to holler it ~as ~ron~. This EOQrd is not involved in that, but thEY arc here fer the variance request. _'Jr. Molle cl3rified thC'tt he just ':.-anted to ,.;J.. t:~:))o=-nt that this would be co~pounding it and c~rryinc ~t into the future. Chair~an Aronow r0plied that thi3 ~~s n~t this 309..1"(1' s ~:;rc'olG:~1 "l.S V:il'~t he h,?s, he 11as tll0 l.~:_r~ht to 112~~v.(". This 30ard has nothing to io '~ith viol~ti0~S. i~h~s ~s not tIle business of the Board of Adjust~ent. l :<r. Bodley ,,",sLed if he a-.;:;liec~ for c':', varic,!:ce '\','nc:;y: builc;ing his buildinG and :~r. Molle r,::!'li,'?d ell";:; tiLT:: ':.'as no need to as he did Qvorything lef~l. :1r. Rutt~r cu~stioned ~~cre the reG,r of his buildin~~ \':as locatee, :}l:d :-::...< Molle infc,r:;;ed 'h -: 1'1 -:.;.. ,.- ..., ~ .~ 11 .;.. "1 E' n C"" .:- ;.-, ~ ~ ,; r:> P ') C -; '" r.' : '1' (' U -, ,. ~ r ' ~ " -" . , ....L""'4' _.L.... ~J,-.,_..::; '.....).. V~J.' ......1.. L...l~ ~::l '"....... ..L. <-..<.. ......1~,_ ,". . '....1 1.....' ~_~. L.J .ro:.:_:0r-cy. He continued thct he sub,::=- tted :;:lans to h:;ve tl10 buildinp, cn t~8 '::ati.;r, bu~ J~cL 3?-rr?t~ ~~id no and t::'::'r:: :l:U;,t ~)8 0. 20 ft. rlcht-of-way OehlnG tns oUllolng. c ;'1r. r snne th LY118.n s ta t.2d his na,r.e ,lEd inror.:::d t1l2 SOClrd tho. t he bui=- t lym:c.n Docl:s. He also O\'lns ~:;ro 'cr"..:y to the ,::ast of the T':;o Georges. He developed Lymans DocLs :Jnd ,:[hen !18 did, he complied 'Ni th all the building rc~quir:: :I1en ts. He built the pl~ce for bo~ts Clnd his family donated 30 ft. of this street fCJr the hiCh\'1:}Y. The biggest IJrob2-c:n is the lac! of :-':lrl:inr,. i~'111'Jurr~s 3C'~~-(0 '~JF ~)..I~J~J,~,.:1;' ~~~I~:-.r OCTOB~R 25, 1976 f}_!:':::S S?v~l.J ( ~hen ~~. Culver started nlS bus~ness, he co~~1ain8d to the legal com~issionsrs. 7vErything t~ere ~s built without park- ing for any businees. There are only tGn available parking sfaces on ~~. Culver's property an~ the r3st are on the public stre'c't. .'\t the ~~rc'sent title, his cUStO::1STS arc using a lot of the ~rQ1Y;rty on ',ihic~l h,:; ;ns par:dr:.g ::m the r:orth side of the lot. ~2 is definitely a~a~nst it. ( :.~. Am~ol as ed if his fa~ily ori;inqlly o~ned all this Droperty 3.nd >:r. LYlnan il'lfor:~lcd hil:l t11ctt the}r 'J~~~:ned~ a 300 ft. strilJ to the north, 600 ft. long, an~ anot~sr strip to the Gast and ~est. G? ?,+l"ll 'n~.s ~ 17~ ~ <on I~~ ~~r~~ ~e i~ ~~~~Y10t +hl"~ b~cause .... _v _ ~ ,,, \-' .', v ~ 1.,...01., -"-_0. .._ __'-0 <..A.j~.J...C v u ~ of the lac:: of ~3r~in5 ar:.d the buildinR not conforming when it "'..,s bUl"lt It u' cc>d to be '" ..; o"e t"'at T-/y-. Cul v 0"" d'i a.' bun Ql' nO" .. D~ . _ .;:)...... c.;:;. \-Ii 1._ "",..J. ... -.L. . -'-.......1,. ..;... ~ ......-'- - 0 on the weel:ends "".'lE'n noboc3y ,,'!as ?,round to stO) time >~r. Tho~l:pson asl.ed~ if 2n;y bus.:..ness tl:..~.re had ct:lequ3,te l]O-2.~l:ing and '.Tr. HO',':811 r::~'lied that !:e h9.s not ;;la1:8 a chad:, but ,,:ould s:J.y no. ?'~s. Hall stated. tho,t they do ha.ve adequate parl-:.inp; because th 2Y 12 ase s l',ace D.t b:r',,~ t ?xpense. :'Ir. Lym3.n a;,~reed thtlt she 'f\rl2.S l2,?S=-11g S'~-:lce froI!1 h:.~:: !1OV,r for h::;r :~~ar}.~ing. >:r. Eovi8l1 c=-~;.ri.fi:d thr'.t if thc:y ::::"'?,nt 2.dequate :92I1':ing 2,8 far as square foota~e of the buildi~gs, boats, customers, Gtc., l:e r.rould 3t~~J_l ll~!_\rf:; to r!.r~G~~'f~Er tll,Ctt l~e dou-ots vc::rs'" s:.;riously th3,t there :is oc.ec::uate ":':i.r~:inc. :-!r. ':'9,rd Questioned ho':! 21UCh parl:ing ':Jould be required for ~ this yarticuio.r building "lnd :.:r. Hovlell s:-':lJlained how it ':.';:;uld b.:; based on the SQuare f.)ot- ~ge and tje nuub2r of seats in a restaurant. ~hairxan ~ranow questioned t~le a]~:roxi[1:::lte nU:':lb2r and :-:r. ;:0':;011 inf8r!::ed him they \':ero toll'iEg 2~)()Ut ".:'~t ~G9St ~.O for ti10 :::'cstaurant. ;.ir. 3ailey stated th':Jt he d::.d not 829 ':.'l:ore ~)ar>ing h8,d anything to do with ~ variar:.ce. He c~es n~t S-0 ar:.ythinc an the aD~li- cation about rplicf fro~!:orl.:iYl..c:: requ~_rc':(?Y1ts. The3.1J::::licant is ,:...31:iYlf: fer ~30\"~',~ thin;'"'; S.;'8C if~c. =~8 t::in~ ~s tile 3u2.ldin.g D2- ~~ctrt_~>=:ll t ~:ltlS t :iet8I'l~nine tl1.2 :~::.rl.:in; r>~ q u~'~r'2 .,'. :.--~ -:.3 ",'.rh :'~~1 t::f:; ~:'l,?.n _~s SLlbLl:" t ted. ( Cho.irm:Sln ;\r o.no't~~l the!1 s t9. t G d 11e ~.I: ~~3 U11~-: -..... t}-~\J ~_~.: .,.,reG sio~ ti-13 t t~P'.T "''''reo. 'n1r.t "oin'" 7-0 ",cc",'r7- rl"r ""~,'l""''''--'i...r:'''' 'U"r""\lo"'~ "'cc..,..~ ......'--'.f .~'-" '... .l.j-.J ~: _~ b v -... -'~ v "'v' '.':~' ~__vv_....__,-__.I.~_, .i..J._.......1.~"-' ~._ ~j_.;.J.- :C:3.nied ':d_th a survey '::ith~n sL:: ::~::;~-:ths of t11e date. He dis- cussed this rcque.st with =:r. ~~0'.'.'211 a~:c: :;r. Eo'.':ell .?J';r'> 'c 1:0 ho..ve his cl,c:r'. ty~<:: o..lO.:O t.::; :2's. =--:"'::~~"-ctt C'..cJ.viGini~ of this r('~ q u::..re ::':C, 11 t . ( '- Ct:D..ir~:1<::l.n J\.rr3.nOri t}}:.:l: St,~t2( t~:.- t ?'. ~'~ll"'''.r:::~i IrC':L 1 )6~; r/=ts t'JO fclr 2,field fo::::- hiu to C.2 cO~1c~r:lei '.'.'it:. lie iCHS not thinL the ~[)clCCrS ~tr(~ in (")rj':r ::;r tllis :?Q~~rc to ,:-:ct Dn. lIe then cl:;.riL_::d t:.'l',t 7,:.1C t-c:'nure 0f th.:.s "J~~'l.'.cD.tion ~_3 t:.wt ::r. Culver ~Rnts to h~ve thn riGht to rrCJn3~r~ct ~2rt of this non-ccnfornlnG builcJ.ir:.S. Ho~ev r, uccoriing to tho rules ,:n:.d rer;ul3.ti_ons, D. non-confor::;inL'~ cui :Lni; co.nnot be rc;con- 8tructed. :'-1r. H~jr;ell r0~Jii,"d t~:(~t he be;l=.. 'vee; tile zoning orc~inaYlcC' st,J.tes based upon t:.:.e ta:: r"csrd::;, ~.f ,} 1Ju:ilciing ~\IIrrUT~S 21~\~.:-;?:C :.:;1-;' ~ .. - .. ., rj'1 :... ~ _.. _ i .L. OC TOBL~:R 25, :~ _.i':~= ~~._: IG:IT 1976 ( ~2 ~estra~ed by fire, 2tC., in,excess o~ 50~ of the tax assessed ~~lue, it c~nnot ~~ r-construc~ed. Ch~lr~2n Ar~now referred to the buildi~g not being destroyed, but :~. Culver is ap;lying to do ~t bcca~s2 of his statements. ~e auestioned if he has the riC\ht to rec ;:)1':S truc t unci.er these c _Lrct~iJST..anc-'s and ~:r. Howell re~lied that the ~~y he rsads it, it does not Qatter how the building is destrcyed. If the buildin~ is destroynd, he ~s in vio'::"C'.ti:m of tl:e ordi!1cUlCe if he rccor:str'J.cts ~_t '..'ithout a variance. Hc~cver, if this 3o~rd can ~ra~t this variance, he cannot answer. Chair~an 1rancw clorified th~t \f he ~a~ted to d.estroy part of the 8uilc1in; and then c o~:s truc t ,'3. naY.' buildj_ng, l~e ':iould have to {~::;t ,J variance and ':i'. =~=Ci'.';e=-l rcnlied thc.t he c culd not issue a >',rrr.'_ t to destroy and reo build. :~r. Ru tte:.' 0u~stioned :::.aintcrl'3nce .~l:d 7'fr. Howell r':?":lisd thpt he could ~::.s.in t .'?in =- t . ( :.:rs. Laurie Culv?r stated her naue and ir:.lor:-!so the Bco.rd that s~e has n building ~crm~t on that bui:di~~ issued tDo ysars 2.~O. Chnirman A:'".now questi01:sd ','lh3.t tilt': :;,er:-:l:Lt he,d to.:.'.o '.~!ith and :TG. C'J.lv.r ~nforL:ed hi~] ther::: ',-Ias a litt2.e ;:;c~rital 2:rob12':J r.ri th ::1. husband receiving an evictiJn notice frJllJ his "life. She is ;:-art of the Two Georges. Sll8 has a building par~it for that building. She o~ns that 30..20 building. She Vlent ti::r:"":uSh t;~e ~roble~~ls. 2he 3.J_SO 113_3 8~ liq.uor license. The day it ~as a~~rcved Das the day he told her he didn't need ;,lsr any more. She had all the i~;lans a~) roved by the hotol c o:J;l~ission. He is net in;~ossessi2n ::;:' t;:a t bUilding to,--i.;=ty and 118 is r;oing to oe reuoved fro:ll tl1a t buiJ.~:inG. '2:here are t::;o :,'l7.ny-ro~le'.:s to be solved tDYlir.;l1t. ~'T. A:;1~Jol questioned if a deed had be811 sc,b:.:i ttsd for this }:.roperty ",md nrs. CulvGr inf~Jrc1ed hi!:1 :~ t ':;8.3 ill the:~8ta te of George ~ashington Culver and the estate is ~11 ~ joint ~arty no~ S2Q the trustes is being removed. ( ChCJ.iI"\~J2.n t.ru.rl:Jrl Sll.~~~est~?d_ ,~~"oil:g bac" tJ ~_~'_' ~~".o::.=;st for 0, GUrvt?~l ~!.t'_c. ~~.s~ ed. =-f (---t t t~:e 22t':~e ti~"ce -\ T tb.'=:...'" c ~~'ulc~ fi!lCl Ol1t ~t..~:~tll~~r t:':~:re !l.~~S cQ;::n c.nv tr2.!:sfC"::r of t~_ -:2-2 frotl the (load t::e Joo.rd roc.:::iv'cd dated \:~ril 27, 1960:::~'_c. : ::~. ~lo\'.rell rorlied they could find. t'lis out. ::r. Culver 2t~,te(; that tlwre has not been. ':r. 20'.';el1 added thRt when this :_8 'Tes?nced to the n'u~l-:':n'- T'_", -''--'Y'+-..~'"t ."no' ~1~ .;.;.. ~~ -.'r"o-' -'-,.; l~~l;"r-ly t'len -'1" '-' -_\........" -~. '^. v__.'",," ,'. . _ _v ,C _:-' C0l:::lt..'.rl,. ,'0C~: 1 "~. Culv:'r "lou16 as '.,t f'''u::..t uneer tilG 2.C).Y.'. - h'.cll :10 ~rc:s 'nts a ~~2ed st,::.t::.ng 112 ov_~rlS the ~-'r'o}:'ort-:,., th(.~;;. :.:1.1:=t t3.~.~e for :.~rC:"!ltcd tj7.t he o~ns the property. Chairman AranoTI n~rc8d, but referred to n qUJstion being raised ~bnut the t~tlc. He su~c0stcd that they find out if thore had been a chan '8 in the title. ( \..- Cbnir:19.n /U'7.no':.' then ,:w>,:d if he \':a:.~ 8:,r;r.~;e ',". Culv.-:r :L2.ctiC'c.t on tho j~o d ~lnd ':r. Cu:Lvor infor:::c.cl hi::: tll2.S ',:as Q\':nc:d by the 0st~te of George W. Culver deceased. ~o is the trustee along '.'.'itil t'.'.ro::;ther trusteas lloL1ing the "st:."\.te. ::r. Ampol cln.ri- fi?d tn.'l.t he ':!as r?forrine to the ,:I:;,:'di2su8c. A;.ril 27, 196:J, ~.~INUT"S b~)~~.RD :,~F ~1.DJUST: ~i.,:r'.;T GC~OB,-R 25, 1976 ?!'LtJ.:~ IJI::~ ( :?,l.d :'T. Culver' .3grcc-d.. >Ir. .~..nlJ)ol as: eel if 118 1::2..8 Georc3c \!fJ. CU1V2~'?ncl "r. Culver clarified th2.t he 'N9.S George ;,"alter Culv<?:~ and his father \'fOB George 1.'!ashington Culver. ~:r. Boiley as!.cd w~no the deed vms made out to 2,nd ::!'. Culver re- plied: George ~ashington Culver. Chairoan ^ranow~estioned ':fhen he dice, :::1.nd >:r. Culver replied in 1965. Chair;:]an'~r~'nov! 3.sLed :...f the <?stGte \'.'08 =.n the;, courts and ::r. Culv2r r-:c~)lied: yes. Chair~an lranow clarified that ~his ~ropcrty ~3 2~t ;orth :J.S ~~art of an ?st9.te al1cl as~ed 'fiho ',':Gre L'19 ber;.e fici2.r:Les 3~d ~.~. Culver re~lied t~nt lIe was al:d h~s two c~i~dr2n. Chair~an Arano~ as; eO. who tje trustees are and '~. CulvGr r~- :lied that he is with ~ancy Sird and Charles 5erring. Chair- ~an Ar:::tnow stated thst he presumed that when his father ~ied, executors were ~Dpo~nted and they transferred the ;r8]erty to the new trustees. 3e 2S~ ad if there ~us a deed 0n ~sc2rd s:101Nini7, 0. transfer and :x. Culver re~Jlied: ~Tes. Ch?ir;~:D.n ~~ro..nO\1[ s t:t t\.~.;cl he tl10U,G!1 t the ~)Goyle v!11om Q\'!n tIle -;;,r:)~")~:l-.t~r '::~ich has oe:?n tr9.:1SfE";rred are the people '::ho should DC'::3.~:- ing ,"...9~:lication o.nd ~':r. Culver infor::1sd hi:~ th2.t he' '::o.s :.lal~ing application on behalf of the est~te. He added that he h~s a ~owcr of attorney for the estate. Chairman Aranaw 2S~ od if he h~d a c o':"Y 2.nd ::r . Culver rc Ijli8d thG.t he c ould ~)bt:"in one. Chairman Aranow requested that he obt2in a copy of the power of attorney, a copy of the deed to the estate, and a new survey to be sub;:'Q tted to the Board. ;!;r. J\.:;:Dol re ferr(;d to the t':JO children mentioned and ;.;r. Culver clo.rifi,':o( th2t t::10Y '.'Ic~rc: his children, GJorge and Georgette, and L2urie ~s their ~0thor. ':r. !L:::pol referred to this being a leg,')l 2,roblen. .C Chc-1.irman Arena\': then ascertained that nobol:y::;lse c1es:i.rpc~ to be heard ar:d 2.nnounced that a letter had be,'n r!";cs::',Yed. ;oTr. Gordon ~ea6 a latter dated October 15, 1976, frOM ~~. ~illi2m n I~nds y 7rn nQ~~ nc~~n ^ven'u~ in n'oi~c~in~ ~n ~~~~ v~...ri- Ue _'........ a, rJ\j ...:.:c.........L- \..,.' t::o~_.l.-\. r:::,..J- ,~~.Uf; l,.._.L..__JJ.J. L,.'..' v.d.-L0 .",.. ...... 9.::1Cea:rld r':;questing the ~=,r:.J2ent s~'=bac r:C:'J.:~r("cl~~S t'J be !~'].ain t3.i:::1ed. <.. :~r. A:;;~=oli,Stde a motion t J t.'"'.blc th::..s ,"9~~,1::"c2.:i8n .... ~." t~18 re- quest to ::r. Culver to )Toduce :1. pC':!' r Dr C'.ttorr:.':;y, ded and ~ew survey. ~~. Tho~~son seconded the ~otio::1. Vnncr discus- sion, Chairman :\~Dnow 0 uestioned v!h2th:r it ',';oulci be ac:visable to 1:"20. U8st tho ')resence of tile Ci ty c~ t tori:.::; ".t til? n8xt :Jee t- i::1g and :~. Howell and tho ~8i~bers arr20d it ~ould definitely be o.dvisaole. Cho.iruan '-..r2n8','; r0Q uested tll.,t th5_2 ~CC}U2 st be conveyed to tho City ~anaC0r so he could act unon it. lie then reqtt8stcd :~rs. "ruse to ta>.? a rO~.l c.=-\.ll v:)t.:-::m t:':e .lotion a~d ~he did so as follows: ( '- ;.~. Ruttnr - Aye ~r. Dailey - Aye I:r. ;,'.' e.rd - Aye :':r. Tho:~'1)s on - P'.ye ~T. Anpol - Yes ;,:r. Gordon - Yes ~::r. il.r-:-no','; - Yes ~ation c~rr:...ed 7-0. ------," --.--...----------- ---~-~---~-----_._---- HIN1TTES 30:\. ~D ,"p ~;~)J TJ:2 T ~ =:"l'~-~ OCTOB:~R 25, 1976 }~ .(\'.(}J~ TI~l.j ( :<r. 1\::1pol announced that this 8.'iplication was t9bled to November 3 and requested l"1r. Culver to bring th2 necessary papors. Chair~an ~ranow added that the peo:le ~ho cpoke on the ;]at ter are also advised the. t this is ctc1j imrncd until :rov- e'.-rber 3 "["' tl1~y r1eC::l rp to """'"h"'lr -T-'he'l ")Y''-'' "'e1 c",,-ro' l'ut ...1. -" !. _1. t:;' v.. 1....)_ v ~:ft..'~":'.Jt.....c, vl.!. 1;.:...._1...; ~~ ,,"'"- i...,;'.l~"""', u what they have said will be given consideration. ( Parcel 112 - South 30' of Lot 3 and all Lot 4, Glen Arbor Recorded in Plat Eook 25, Page 121 Palm !:3e:::lch County Records Request - Relief from 7~' side setback requireTJent to 6 I side setback to construct additional living area, maintaining existing sstback. Address - 714 v. w. 8th Court AP:"licant - Wayne R. ~'rindiville T.rr. Gordon read the ,,,,.bove C!.P"::lication and advised th.:; reason requ:::sted is under the previous zoning, the house ~as origin- ~lly 'cuilt on 0_ 6' 810.8 sstbac> and to :'J0int::dn unii'or~:: side li~1C:s, the 'ldc~i tj,on must cain tain the S2:,';C 8,i,de S'? tbac:-s. (. ~r. Ward r2ferred to a survey not being included ~ith the ~n- plicn"tion and st~tcd he did not Gee how they could consider it. Chair~'nan i\r2.now c1c-:'!.rifi9d th:'\.t they did reC2ivG one and:'3.ssed it to the members. >:r. Prindiville il1for:':::3d th':;:) :? surv(;y \'[o.s on the front :o.~e of the ~lot plan ~hich was 9cce tad by the 3uilding Da~artGent. :~. Howell qU~3tion2d the ~OD~ on ~t and Hr. Prindiville infor::ed hin .~ t \,;a8 a nota::-;}' :)uolic' S CG "1. i.;r. ~im'{c-ll clD.riLed tl:at i,t 'Nas net a survr,;.:r, 'cut \':2.8'3. )lot ~'lCJ.n. :~r. Howell adc',ed th:l.t :Lt could not ~):; ".cco':tcd :-13 2- survey. :.~r. ?rindi,;j.lle --::;)L-::_iY1Sd tl18.t l,t \'::J.G t.".' en r:~o.:: the oric;inal :,~lot ~:::Lm of the h011se ar:.d tLe. =t~l.:. '::::; '..'cr-; dug u;::: 3.2~.d strun,a: 2_ndLt \'ias ccrt:i.fjJ::d b.'/ '.'}. notJ.I'Y ~noli.c. :Ir. E0'.7011 a;:;rE'!c'd Q n~)t.:l.ry =--;uolic coulo. \[('ri:'y tilL:' 'i]Uch, 1J~it :w could not certify that it l.s D.n :.ctu2..l surV2Y. r::'hcy :.iUGt l:c,__v{; a 2urvey. ~.':r. Prindiville referred '::) t':Je C:X'c:---'1:S8 for '3. survey o_nd Cls',jd to So ohcad 't/ith his r:::.qusst and 11e ':ri1J_ suc.~:!li t .::1 survey. Chairmon Ar~now ~s: od ~f he h8d tho oriCinal survey ~nd :~. Frindiville inforn;8d him t':'..J.t l-;.C' tr,~,~d to obt,':'.in it, but the house Das built ~bout 1? ye~r8 aco ~21d he could not Get nho1d of 2. C01)Y. Ch::dr:r:an ~rnn()?; ns~ c;c~ :Lf t.clC or-:..::inal survey '''ould b;" "'--'Y't r)f t}" ~u--il!~-i>;;1."T),"nC>1"t'rr..-"t r"'c''1r-'c'C:- "nd '.'" "'-.-""""11 .. .. .....:._'~<...L. .... +._ -'- ~.\..__J..J.~) _~'-"~ '__.<...1. ...........1.1 "__ \_,....J \...~~J. "~_. ...1......,~....... ri'~)l=-.cd tho.t J_f'_t '::<'18, th'2 3o:.'.rd ":ou.le:. not ,'~cce:.t it. ChC1ir- finn .^cr?nov: cl::~rii:~cd t~l~]t he h:'1~'.~n :dn6 ".f they coul2. find out the c'ri~:i:'1.:Jl surv:oyor, they coule1. ac:v~;,se :'!r. Prindiville '3.no. it coulcl be brou~r;ht U~'J to r.~[3_tn (},t 0, !nj_nirnu:-;1 cost. ~'1r. '/!ard clo_rif:~eJ th,"Jt the survey :Ju:.t f)2 brnu('ht UC:; to dnto ,-l1d show wh~t has been built since the hauED was oricinally built. c Chairman Arana\': infor;(,ed ?;r. ~rindiv.Ll:~e tnat th0Y could not gr:J.:lt a v crio..nce '::i th tho survey. ;'2>. Frindi villa r(: r'-;r:'2d to being out of town often and as!ed if he could proceed ~ith an ~.~IT\IU-T"T:~S OCTC)?J '-I~ ?r, "''/ , :V~l; 1 ,')')(... /' / '..J ~ (': r, ;:; -n :YJ~ ---.J .... _ t.~. ;.J .....,.,L '\ I\__~:~ .C"' rp : .:~"- ~ T ~? J\ c: 2:": ~:: 1. . ( 2::~1~nRt~,~n ~1!~~ rossibly ~hen tlle survey is sub~itted, a var- i:u:.ce c::~n '0: graJ~t?d. Chairman Aromo'.'! told about h:Ls wife fully cx;laining their ~12ns to hin and h? is sure the 3card will 11:::1.VC roo .:'iifficul ty iT: f Dllowing it on the survey. ~..-hc:n t~10Y havG t~1e pro~)8r ~Ja!~ers, they can act ~Ni thou t too much delay. He b lieves with the survey, they can act and if they find it ~2c8ssary for hi~ to be ]resent, thJ] ~ill notify his "\.life. ( :.1r. Gordon ~~loved to tabL, this ::?c)plica tion, st?conded by >ir. ~u t LT. UnJ.er discussion, ::':'. Howell re ferrsd to >:r. ?rindi- vills stating the Building Department acce~)ted this as a sur- vey::.nd rossibly they did ','[hen the house was built, but as far as t~is ap;lication, the survey should have been submitted to : Irs. .?adsett. Chairman .{~ranow added tnat he :~resur;led the )lot l-,lan \'.ras for\'larded fror.1 ~,rrs. Padgett. I'T. Ward referred to the a~plications being filled out in the Building Depart- :i:ent and ;.:r. I~owell explained the ..')rocec:ure. i-Ir. V.Jard sug- gested that they should have a denial from the Building De- ?artrnent and T~. Howell explained how he had tried.to siDplify it for the aoplicants, but aGre~s that ?ossibly he shaul. re- v~ew the applications a~d shaw ~t TI2S donied. He adLed that he h2.s a new man doing the .::.,lan checl,,;: ana. v[ill 1001: into tl1is ?rocedure. ::r. Ward stated he felt they should have a denial of so;'ne type. Chairman Ar,?now then requested ;'.irs. ?ruse to taLe 0. roll call vote on t~;,c '.lotion and it '\':as conJ.ucted as follows: , """", ....:,.J... . Rutter 3ailey rT ar d Thompson Ampol Gordon Aranow - Yes - :\ye - Aye - Aye - Yes - .t'S e - Aye _.:r . Nr. !.1r. ;'1r. ~.Lr . :.lr. ;.:oticm carried 7-0. t other Business Mr. Thompson qU8stioned i~ they decided just what the front of a house is and I'~. Howell eXflaincd the ordinance require- ments D,nd drew exa.!nples::;n the blacl:boa.rd. He .::;::!,lo.ined how the ordin::lllce roforrcd str Lctly to the J.:Jt i.-ud not to the building. A lengthy discussion followed. ..1e1 j ournmen t c ;.:r. 2u t tor ~::::'.de a :.1otion to ad j :;urn, .",ec cmded by :':r. -"c!{'.~;ol. .~tion carried 7-0 and the ~eeting was ~rororly adjourned at '3 :30 ? ~'''l. R8S_8ctfully submitted, ~L. fa }(. .'<--<-.-' '7_':yt.<-':"'~/ Suzanne I-'rl.we, Recording Secretary (T',':o To.pes) ( ( ....<.) ~r ,~ 3-U .' :~": :- ;-,~ ~~ 1.1 .,::'~d -,.;; ( l \ '\; .~.~ ;:TIi~~~:>' n.:- ::> . )..l~,", 'llr~~ ,,"1..- ......10 ,"--' ~..... j J ., . .:"(, '".0 " ~. ...... ....~ ..-.-' I - ...... ...~ ,-, -".:> l .-.u ,,: .:2:'~1 __\? \~-"~~_~:'..U': ~~::.: y :~c: _ , ~ ~~.4 ; - ~ :--; 1 ~. ~D"r~"l:on F.j.=h~~.'_-'~C "--",.... -., .....-.." . , . .:) ~...=.. r . ~_2. e C :-,'~' t:,:(/"'..'--:r <: :"~.'~~'" -,- .->.J ." -~ v.....-.:: ~ i~-'-~'''' .....~ - ~, - ,......,,-....7"".. "'-. ~_...... ~ .--' '-'~. , ,J 1:- ~3 M~':~ :~-: :;::: r," .~\ ~ ~J ;':, -:: ~- Y._. . .-....., -'.:...:.....:..... ~ (. ~~ J ~. .1~ '. ,j ,; \.-',..... . _.r,~ ~; r . J ~,' , - -, ','.,',; '.J .. . . ~...., ~ '.U ) -----~-~- ~.!. ".;' - ~ "f,l ""'.-...~ ,-, .', r. .__,,-\. of......... .(-: ., ,.1.: .r , .~ 11. ......~ ',J' j (.; -.l ,--.J ,j >' ;._ , , '-..- .~ r'~ _ ., . " -. '. ~... " ~. '~.". ~ .: .:.1. ~_~ ',.~ 1 ...; ~ :.__1 Q , h J L _ ' >1IIi;TJT~\S JC:..\::-tD (,'? /~I>JuSI'~L~':,~l'~T ".., .-... ~ tJ_..J.... -':-, 1 ,?'-'",,~ ,.' : ( ~" ,- ( ~~. Sordon then rG~d n :ett2r fro~ l'~;lC:; co '" --:J5t'1 r'"''nul''' "'t +l''Yl0' ~+ ___ ./ . n 1 '.V...~... ....., 1..::> [1.... ._~ _'-' aj~Ce f~r 1~r. ,Johnson. " .'.rs. Cliv~ C8u~t~y::~n, ~:~~y f~r t~s V2rl- P~":1 ("" r,' C'...) Cncnr::1dn'.r",nOVi a:rmouncec t :~a t 8 :::otj-c;n ire b,~ :'11 . ':-',de a::d seconded. to to,'jIe this:::.',?l:Lcaticm unt~.l t~c nc::t:, Gt::"~g ',"ith the rs'quc:st thClt 'c.r.. u~:c2t"d survey be suo'dttGc:,. .r. A~;~TOl q w? stionec.:. the cIa te of the 112Xt ;:18e tij,:g 01:0. CIJ.~:' ':..r':an '\ro.n::w! info:,;,~F;d hil?l it ',:,'ould be :SeC8::1ber 13. ;\.s r~'qu=:?t~i, ;'~rs. 'ruse then tOOl: e To:::"l co.ll vr;tc;;l1 thc;:oti:::n :,8 f:::;2..- 10\':8 : >Tr . ':'~r . ~,.._~ . ...... . Boeltz Pt:dley '-"arc 'rh a:'!: ':":3:m :'I.:~oTol G arc.. on ~\r2.n 0\'7 - /!;.ye - Yes V' J...8S ( ;':r. >Tr. /1, ~1 e - Jo'\~;re ,',r. !fr. "lye - Aye .~tion c2rricd. 7-0. Ch'l::.r:-.12.n /\rGW)'J! i~fr)r.od ::r. ~Tohn;:;on t:rt l:C; 11::,J 00,,':'-:' ::~veYl the 0 :':ortunity to C::t h~.s survey ()r:)u~;l1t u:.'-tO-l:~:'; :1:-::. r::o- quest~d th~t it d~sclose t!18 things d~_scuss a. ~C a~:?d t::at h.e ':!~S sure "~r. ~QY.'ell '::auld c.s.s-=-st 1111-:1. Old '0usiness :r t?r co I} 1 - Lots 1,2,3,4,5,6 & E 15.35' of T-?ecc;rc3ed :Ln ?l;~t Baal: 11, =-:-:[;2 ?~l~ ~each Caunty Records rt2qJ.est - ~(lief fr0;~: 25 ft. 7, C 3.S:l. l..0 :::"0. .., ;; f::;:O~lt s:toac_: rsquire JO~t to bU~1 II ".:' t:. :' I"':' ~-_ t :\QC~rS2G ~-'l'~-~~':-;rt lir:.e, t() ::c-'-':~:C"'~:,2J.. ~:~_C~ :l,-,.C. Ij~ p:{tcnsion - 72 ~ C2.SG. IJO!l~I?~ .JJ_\j"c~. A~.~~~l~ca~t - r00rce ~~'. Cu~v-:r ( T':r. IJ ora. on r? 3.C~_ t ::8 C'.. -,) S'"'",;";:; .<""'~_=-- ~~'1 i c ~ t l_ Cl~ ,':'.~: _ r ;',=<l.:"~ t. ~l__': 2....0 ~= on I" :'- quC'st,:;c) "~;3..S tJ r___,tl~c'_c'?l't ",:,1' the' r:()n-c:x~:~r:-.1in:~ ':.:m=.::" i:::g a~".d re :,=:"::,ce 80.,..8 to .2.,:~:r)v<; s::rv'..cc to t~'.(; casto:::':T8~f tl".e 1".';'0 G':::ori~>'s ::'-rir:.a. ~:e ;=;d:.1ed th"1t it ':.'22 t',:.:,led f::,r a L2\'; d '" <'d '1P"" ~'urv,0v "'.. u' ",'T" r 0f ...,'" i-orne" _......~) , _ _ " L...- iU' '--.~,.. _ \...... oJ '_.J L.', l, "" J . >lr. .!\~:11!)Ql ~:~2.08 a ~'nO-Clr}n secoy~d.ed b~l ~.Ir. (~Qr(on. t~ rO::1GVe this fro~ tn~ : ::!tion c Drr:Le:: 7- (). t:;ble, ( '-- Cll3.ir~.1'Jn\r"n')':: as' cc.:~~f :fr. Culver '.','.'?8 ~rES!,?,~.t :>nc, ::r. Gcarre ?:. Culver a ~~r0d befor~ the 5()~rd n~. st~tcd t~s '~~"lQ"'l (~ h.J';C;: '.~':.';rl"'C"'" ."'s +rp m'''n '~!'0r;-'c.c> "':"""'l"na .";:; ,'O~.','p .J.....~_I......... _ "^ _ _4...... '..-. ,. .""o..~ -.'_ ....l..l._~ __lJ,_, '....,..j t-;'-'''-) ..:...... ...~ ~ Ch'Jir:::r1.n ',r:=tn01;'f t~1e :', ~;.~;:i:!2;.strc.t()r I 3 l)(,;ed 'Jno. :'rc1,,:r frC):,:: J~6:~~. ~~~~c~<il10n G~L'..r~_~-[; :1' ,:-; ~)::,',.'.:(~r t8 :1ct. He: ~t:=tt8cl t~l:l.t f.1 11TU z:: S BO'~~~T~'7 '~D,J L;:: 1: :':::1' 1.= J:. i.~.: ~. S :._~:\l:;~ I ~ 1'! 'I] . ' ',,~ ~R::: 1 c./)7or . '.' .J.... _--,.l. ........, ( h9 c'id not knoy,' a surv0Y v:as needed. Ee thought ~c '::culd have to ~r~sent ~n u~-t?-~~~~ survey.if the variance ~as srantcd in ,~rc er to se t c;. oU:".Lc=-ns ~~"~ r ;1ll t . He jus t tl1 ollSh t he had to ~r0ve ho had the ~a~0r to act. Chair~~n ~r~n~w re)lied to., ~ -t ~'r ""r "'n" to(t' t:, "';:." .,,~ --''''rs for .j-.~, n i.'rof',f ",\,'n. +','" .:'r ;-_' C' hnd .1....r:._, \,.0 __~.) ..c~_....~ \~. .,____;:::J~~ _ ~~1__ ',_ _ ..._.1,. .. ..... - ......1 .L - -- the )O~2r t~ oct, but ~lso ~ant2~ to huvc a survey no later than six ,:~o::1,ths old. :1e rClerreG to this lLinc~ 2, :~roblem ;;lany ti.T::S. Be suc.:=csted rr-viov:ing the rcl~;crs '~~resel:tGd .:;.r:d they c~n then 0ecide in r0g~rds to the survey. ( ::r. A!~l~:,"l'1.s~'ed if t:12 '~;Cl::'ers VIers in Jrdc:r and Ch,:-:"ir:::cm 'i,r::,n2W re,3.d the Orc\er a1'..d .:\d,]inis tr~,tor' s DeF:d subT:1;_ tted. He explained how he wos not thor8u:hly f3mili~r ~:ith Florida 1:,'\': ,""!'~cl this is tl18 rC2son th'?y r0qucstoci ::r. :2s';d to be l're- sor:t J.~c'. t?1ey r";cognizecl the fact t::cre ':[ere :81;:11 i"r~~le'::-ls. ~e believes it is sufficient for the ~o~ent, but they should chscl'. it out ~"ith the City AttornGY. :-Ie referred to the Order decL~.ring Ycmcy Syrd, III, Charles z,Ierring, C'.~d GeorGe ",:-;lter Culver to be Qualified to ~ct 3.S trustees, but DC Goes Lot S'2e 0.ny';,rhere '\':hcore :':r. Culver alone {-~"S the 8.ut..ority to brin~ this ~etition. ~ccording to this Or~8r, he ~rssumes the })e,: dis ol;:o.y. ( :':r. Culver infor:.1cd hi;j-: t:2'3.t :'11'. 3yrd is 2 l,'v:y~?r 3.1:d inf:)r!:1ed hiD t~~t this ~as all he needed. ~o they ~Ar:t a lstt r from :":1'. Byrd. 3.;:'1d ::r. Eerrinc statinG 1:8 h8.S the :SO\',"T to "..ct? He then 8.S~'2d if >!r. :land ',':22 ::rC'Se~lt .;,::1,Q Cha:i.r::;:,n;:-:-:no',': ro~'lied thnt unfortunately he ~AS not and t?1ey ~ill h~ve to ta'~ these t'.':o qc:.C'stions Ull '.':ith ::r. R'?cd and 3.:';vise h:Lm. :~r. Culver asl'ed if ti:cre ':'as c'.ny ':<'y t::e Soard C Gulcl ;,'ule on t!:L:'S wi th- 'Jut le~\.ri:-~g hi!l: haneil1g .3.~~ lOI1iG P.S !1e .~~c ts t~le l"'~:;qu=_rcLlcl:ts ?.nc. Ch<1.,lr::l?cn\r2.no'.'! r'~'1=-2c1 t~~l~t t"ll:inc 0.8 the Ch2..ir:::cn, tG"Y c:on :::'.'1-." [; (: Be :.si~n '.':llich :'-lie:1 t '~E C 8:1 tingen t u~)on the hapy::nins r.f cert,:,in tl1::":r,gs, but '."~::lt t~l y ho.vG l...ere '.3 :3- question of '()inc to L'2-c; beginninG 8f this t ing. If ~e is n'Jt au:.h:::r=-zec. t') r'r(-~serlt t:l0 ~'<:t.~t~J11, t~}~t :~~3 -Sl"lC ~-'r:d of it. If their ~olicv i2 ~h3t they rallir0 0 roccnt survey, Tnev c~\rnot s,-,y- thc~j,r ,,; ~ 1. '''Y'ant ;w ,~';nv un+-i 1 t'n,;'v "'>of- t'ne J /J ..... '__... '-- .~........ ._.,........... ........-..... _t....... J v....... -~-.) 0""-.'" v v survey o.~d since tnoy are ~~t~tled to D survey, they ~ust have it f::'_rst. J:n r.~~c".l.''-; s to these 12:::"}. pc-~~"c~:cs, the deci- sion ::':USt;.2 ::Jade by ::r. :?e,:;d ell" t<r. .,C:,,::odish. Thoy '::ill for- ~ard those ~a~ers to the City \ttorneys, so they ~ill be able to tell tte ~<JD_l'd ~~~.~~1"": ~;'l:th81--it~, th.,c.y' 11a\re to :~ct ;:.1~11(1 ";:i:ether t~8Y are ~~1titled to ~ct. 1s f:'r ~s t~o surv(~y sj_tuatj_on, =- t i. SEa :1 ~_ f f C' r 0 n t t :~. :'1 i: t I:::1TI J ny 0 n e :" _ s e . c ::r. Culver st."tec~ th--:t:ce .',:)I;e the:; :l._~:lic~,tion ,cud "8.2.:; tho fee ~;-!d not::L~G ',','D,S f~:J.~_C;, .'OOl:.t ., survey. Hc~ sur:;c;ested usine; cO~i~:.:lO::'1. SCi~'se .:!lcl questi.cYl~--(:1 tr~e C0St ()f :). sur"cy al1d. ~":r. T 'lre1 r~~ ;=>li06 that it '.'.'2S nDt che 9.1'. ::r. Culver 0.8' eel If ~'le ':,:oul(~ [;0 to this 8Y.V~;lS8 ,::,nd D.s~' t~2e 1?cK.rd to l Lstc~n:f he :'idn't h8.VC t::c ''-,m:er to :] this? :.'r. nutter ::::'f~-L,ed tl:at :-I==rCr""S , I:,~ ~.: ~[1 J~~\?r' . L _f\LL.T1.~.:'?~ _> -~T Tl T:)'-;: 1 co(., .;. L .,!, ./ , '-" ( ?-8',>:'r l.S 8ne t~1in,"; ,O::.:-:d. right is ""nnt}y r. ChC'.ir::1D.n '~rnnoV! .....'r~t +;::'>V .1-'r1 ""t ;,~vp- t'lc ..,u.....h(y~.;t'r "~+11 ~,~,r"'.,V>(;~.....8 "~ 8. ~'. C:G I..,.>~':'::::::. v ~"J '_.~-~,..., 11...... ~ __,,?, "'J, ............. ~... ~ l. -....... -.J .. _:........~ ..l.....b., ~ ,-' Q ~ ~ .. t:n2.s. '!r. CU.~'....-cr st2.tec~ th,c::-c he stl~l ::1u.,::t GO to thlS :::~.ceQ eX2.::e,:se .'"1~-::c} '::8uldn' t l'nov: ::.f he '.':as thro':;ing :.loney ::-::.x.'ay.""2h,:;y are t~1rov:ing this:}t hi:L 2.ft,,!, h8:19J:}e his C'2:,~'1::..cation. Ch-::~~~~.1~.~ ~..r~'~.novt r~~l_'il:'J:d t:J~t b,c ',.\T.~S 28rr2:"", 01J.t tl1F'::1 '::.":r,; :t~:-,t t.r.jr::":1G to ~1l3,~:: anyone STIC;::"lC. ~core ;':1C)n8~r. He ru.~d It~'!il :::' on t:::e 3..'i;lication requirin:; g c"rt:.fLed s'~:ot survc;y '''itll ::ell SGtb~cls and cti~8nsions. Se referred to the a;plication "bei1~G Fi ~.6 'Jy !3:--~'Dr,:;e ~.~,T. Culv-er ct:}Q st~,tec~ t::--:t :le --'re2u~Jecl ~e r~~d V;~l~'.t he signed. lie ~Oi~t2d out that thie ~ns a rs- q:;..~r;::,:(;:'t accordinG to the _'-eti"c.::"8Yl he siC::sd. ::r. Rutter st~"c.~J thut it did not state an U)-to-~ate survey a~d a 1969 surv;:'y '.'Jas sub;[.~_ tted. ChairL'12.n'~2.~-:;no'.'i clar~.:f:"'<i t~l.J_t t~E1Y ~:'J.':(' :'1.:)1;.' nC~'l'2C:.- >.:r. Culver ti.1'Jt the: surv;;~,' ::mst 8'" ._',~_t:::.c:. ",':ithin s-L:::J011ti1S. ::r. Putter r,::,f::::rrcc. to It;:::;; 6 not :::t:'t- in,G thls an( C~l::)j.r;:;an _'\ranow 8.greed. Chclir:Jcm"'.r:::nr)w CC:"l- "'lY1ll':C''': t},.-,t ~,'"Pr~p.n c:"'.....':::r .':!. "'1:\'I"'l""''''' ':l'~C. '"'+-~-l ~Y1 :)"~':"c'''' \",.-~..... ...........- ...1(,." '_ .l....I ................ , "......._l......... ',~ \..- _______ ......._J. _.~1....... ..,;\..0__ .......~...' .......::_1.... .....; a~d t8 have the survey brought u~-to-Cate ~ould not cost tho ori~~inD.l 2:r~_cG. :\8 LS.r 98 he is cO:'1cer::ed ::,'ithout, thr' ~--''C.rvey, th~y cannot :883 on it. ( ::r. '''ord ,"'s~-ed if the :dnut.s sho'sed t~'wt :~r. Culv;'r ','-8S re- q~.c8tc'd ~t t!12 l~~st !Jectin[; t~ t,rinc (~. 31J.r"'vsy ;;~~d C11Dj r~.~an ~:::--:'n:1:.r r:::1c: the l:1otior.. fr()J:: the::inut'~s or. ?:'~~e 9, lc,st -'c.ra- Er'!::~h, requsstin: t::e )':\'ler of 3tt:Jrr:..:o:y, ci :cd E:ucl :,eVI survey. :~r. I"~lrd st~.t(:~(1 ~(.? ".',2...:-'tc:'c~ ~._t for clc.r~_f:_c).-c,=-~:l ~~s ~":.e ~~.~~:... n'~t ~2ve ~ co~y of t~e Ginut~s. ( ~~. ]o~ell stated thot in all fairness to ~~. Culv~r, he did co:.:c into h::'8 office ar..d 8.8: 20 hi:::: if ho '::oul( have to'~o to t;.-."" -"."~"',"C!'. 'U~ to'('; :'-'--y~ :'-',.., cou'r! ""ot t'l"'ut:'-'-~ul""" " .<"""'r :'-'0'" --'-'" ..1,,,,- ..I~.--'-...._' ,.-. ..:.....~ )..........t l____".. w.!...~... ..J..........~.:...l. ..i.. ......;.J..l -.J....J _'~_"';'~" J.~' ~J thn !r''''''d ',"""',"1";: T'onl l'11t c"'u'l,' ,c",'.- t.,s- -:"~1~(1 t., '1""'-r .....hn .I.,... j..J..l.,......lA.\..t____'-"_, ........l .,..'-.1................ ".'.._," ......1......-,.' .....J.'-J C:1.:"'C -:~. th t~L) '!thT 2. ts,s ,:T0sentGG. ',':i -:h t:".'.? un::.: crstC'::::9.2.Lg if :hey 6i::.~ 2.'ule :):tl .~t, ~,t ':.'ould 'be, sL18,:ect to e.n u~l-to-.j.:lte survey vcccrifying the ?x':.sti.::,-:; ::~1J.rFY tc 'os c :Jrr'ct. =::8 did E:Jt .::?<1n t'" .-,t--:-.r '/r (""!Vee,>" '''1'')-1'''' ""~.~ >.-.,-.,,,,,-:-~,,~lv joe rj.,\.l>o't v _. . _... v'-_____ J... . ...1<:,:;. ..::.....__'-'. ---_-..........;...f.--J __J .........-l...J. . ~: (; : G f t ~_ t e. t ~-_ .~S ,~.:. e c i 2'=:" :)1-:, ,~E l~,:-: ~ "i_ .~.~ !1:'~ t ~ ~1 '.")".',~ ~'l ~'.~.- t!1(; -~ .::) ~l.rd ..~: GUld :-:.c t. c C h '::. il'" ~~l"~ n :~~"'.-; n ~1't:!r 2 -:r,~ S 2 ~. ~:. ,___:,.,r.;' ''':_irl t l::' t ~ f ;:' 3r 2. 'J n, 5ju=L t ~'.r :1.:. C. :~'3!.~ic;r: ~a.\r.~ to U~;-':~"-l:~:: .:} :)u.rvo~.r, :~C. ;j,(.~'.~3 l1~:t tll~,-nl= ~_t ':::.lJ_ ~,? ;t "olr~I".~r bj-r:~ {;X~:~G~S8. Ii2 thin>.s t8 .~rd 0' this c::ec~Lcion the:r shaulc1 }1.~1~~/r: _......lC;""::'~T ~.:'~~.~;ce ,~f j_:-~=:;r..~.~.ti~11 t:~.~t '~_2 r~""LI-L~(';rl :J.~iC'. it is f,:::r :.::::--. CL:.="Vir's 'Tot,~ction ~'lso. In tho eV~;;lt he als~srs ~ith ti12 3ocr~'3ecisi~n, he h~3 ttc o~~8rtunity t:J ~8 into court a~d ~avc this rcv:ewnd. Ee ox~l;innd h0~ if '......~... -~("l .i -a,"'! t..-..'-, '"'TO .~,J.. .."...,..,v:n',r.......'C' 'hy r-.' + .. --:_ _.:......,.. l.. r .""" l,~C.Lo.vO. 'J Il0\i~ _l- .:..'~ ','_,,',".C -' v c..,ur", {l ~, C;.;!~:,,' ':l~;,Y 0':: r,:_ jL,L~icod ','lith nJt hc:.vir:.C all the :';a2r2. ~'Ir. C-..llv(:r r' died t".,t '1" "'OU1C1 '~nv"r f"'" "'ny "urtn;-r "'h~n l-~'rr L;r- ~~ n-ot "oin'" ...--'- 1 (.. /,... --'~ _l....; '.~ Gv '-', .1. .1_>"'; t..._....;, ......'-.. \;. __c ...J._U (..; __~ 6 to 1 noc:. out his 'oro_il:s to ,,~,':"r.ci :~1 OJ,OO(). Ch'lj_ru':':'n ^r:-:>.nr)\'[ :OJ:,od th:::.t J.f '18 ~::2:~tc;d to get the st..;.rv"y, he:: ':::;8 i:r..cli.nod t:l thin} t~F.: ":,~(;rc; ;;l'"y crar.t the v"'ri~i'ce. :,~~:;l~7~,S ~'=:_~~=' ~? ~"-_::.C~.~~' ~':~::;_. ~,~ C'J l; ,S 'T~ _~ .~"--T ~ ~ i=,iJ'~": ~ . S r,~ :, 1076 (, _2."'. ~};. CJ .l:;: 2 "')n ,r.l.S e (1 ~f t ~ --...r; reC:.:.:~El~) r~:..:n...... Jn7 t:.~ri:,2~;.o:.~.r ~~ :.~:,' "",rl'.'~,.' 2 ~l,. i~~."~, L,.; t. i~~, <:,,?~:r ~_.:~tion to t~e survey a~d n~ _'.,.: ~ .~~ ~ _ _'__ ____.~ w___~ '~:U3t r:st '1n :L".t,'.r':Tc;tc::,ti:m C)f t[:.ee ~'::l srs fro:;'] :lr. =~"'c1.. ~2 r~q,:';.c~stsd ;':rs. I'ruse to ~3ve cOl)ies .1:,'-',de :)f t~"e Court Jr.~~;r e.Ylct ~.(:.:inist2:'r;tQr's D.?.-~d fer ~;:r. ~c;~;d. }~e is 2tll~~~: ~.~r. _--<""'~ '::il2. sr:~--.:' tllS t.:.ro QU0stionG ?is'.sd b..~ ti1e -:-:',;-).'1:.....d ,~,_,~~ ~::~-:~:th0r t:-:e ,,_.-'__:=LYL~str3.t0r's rSf;O~ is su~-'.:':.c~el1t to trc'~::si"~~r t~J.o d2ed ?:"'..Cl trlC: C"rc~2r 8.~':~~oi:~ts t~r~.?e~;.=-G~ple ,~.S tru2t'2("JS. ~:~~s "J..~~=-:1ior~ ~s t::"t onc.::cn on th~ l"ce '01' this (~rc.or is i~lSU::'fici'2.:-~t to ::":':,\'"(; -:1:8 ......tlth:Jrit~r ~G '''ct. There :i_s I1St11i~2.G 2t.~it~i_Y'.(; :'~l.-..t ~r:.:: :Jl~e of t~18 t11r ?e~e )~'\2.e cO.n :Jal'0 8. cee isLm. ( '< Putt"r ,?s18d if ,'-'r..y :Jinors ';:cro invo2.ved nnd Cr..c:lir::'lan 'ran":: rc :-:12.8::: no. ::r. lL::i~ol as! r"d'f tiH) 'jther t'::o trustees rc~'::-'2::3e t~:,'~ .~r. C1..1.~ver1s tr;~o chilc1ren and ?':Ir. Cul'ler r~_:.."'\2-=-ec.: yes. :'!'. "','::::-:01 CtS' C?C: ';':'.crc; h:L2, ',';'f(:' fj_ttc?d j_n .cud, :r. C"J.2.v2r r!~l~oci that ste didn't. -. ~ho.~~son referred t8 the possibility 8f tl1C City ~ttorney noeding ~dditionnl inf)r~ation fro~ th2 oth2r two trusteos to "::?..~-e ~ ~:ec=Lsic!~ t?~n< ~~r. Culver ~0-,-,liec: t:}~t all t~lrc-p ~.~:culd c...... ,...... J..,"", h-i.c 'l--f'lCo ('i1,....,~-,.,,;1'7)n "'. "'1~:',... ,.....,...I....J'"':I-; ....p.rl ' 1"""\1V t1-r: I""t~+-.,.r _...~ '-.J _ _..0 '~~___~. v. :.,_~... _ .,reD '.: ,~~.. . __,^_ll':;~, ll,....! .,__ v.Lv.) .~~t~rr...~~y rC'~~d. the :3()8rs. ~:"::'!1ut(:s i.n c1.etD,il al":c. his ct.~te;.le~t ::..S Yl,:,tc.::G. that tlJ.""'~T ':..ouId ;jG '::illiLC to ~;E::,'t ':,ith ::ijj. ~~r. Cu1v';!' rcf~~r:,n-:.l to tts :~a~.t?rs ,s1J.b"..~itteci tyoinc the; or::....::::..nels ?,~.:~;. C1: ~.~~r2:1t:.n ;~!" ~ n c)"';.~ ~:: ~ .-,~ ?=-r:e 6. h (IV," tl: 2 ,~l '\,',r~: r C "'11 J t os t;; t c ~ ~)~ c s . ..r. (~~J.~;l:::r c~~.rif~,,(;ci t:-:~t t~10,se .~'l0r{~ t~12 -"'l:_-,_~l ....2.~~':~.rs .c:(~; EL~:C;_. Cha~r~~an ~rans~ r2questGd :~s. ~ rlise t~ h~V2 co~ies _.-~d2 ,Jf t~ese f,r the [::"10 and City Attorney a~ci inf:Jr.:~ti :~. Culv9r t J st:J) .:=>.t the C::.. ty CIe:::-l: I s off:.ce tOr!lorro'{; D..r.d t:'lcse co:;:i.es '.',"'2u2.d 0" r;?turr:ed t:J ~=-:::. .~r. Culver cl,~.:-if~,.-;(J t~:.~:t :1'-; ~-.-.U~3t ~a~t to h0~r fro~ .~. Reed ana Chair~on ~r2now a~rG~d and r0- q.J.G~t:~-(: ~.Irc. } r~;.S9 to :."12_~ '~ sure thrl,t :.~r. Br:> "I.j SC?_(~:.S (} cC_;~~~~1 of tis ~~?ly ~n th~3 Latt~r to the 30ard to .~. Cu1vpr. 58 re- q,.~~C2:'21.: tllf~.t t11is OS C:;.l=-Gl~ to ~'~r. T~f?scl'S ,'Jttcr::ior:. ( '.r. =110~'.1-':3C)n ~l~()\l'-~~.~. t...) tEl~c12 tLl~~S :3.'l'-:)l~c,."'t=-'~Yl U~1';:~~J. t:c..:., l":.~.-:,:t '::s:;t:.::c~n =_'ccc::bcr 13, ::econded by ~':r.'}orc)on. :'0 c:i.'~~jCUS- .:-;i~;r:. .'\8 I~:--'Clue'st. ''';., -r:.:. rust:: tr:::~~~ ,'). r~~_l c':_J_ i;:---jt:; :}s f ol~, -..,,::s : -"r. ~~~r . .....y. ."' . ?':JcItz Js.iley :.,ir. '-I r .r-, n ': ....I.~ ;\:.re Yes "{(Os y:,s '~ye '\~l e /\.,"')'e '.ir"s.r~. ~,~r . >rr. ""..:r. '::"11:J::'. s'Jn :'\:";)01 Gor'.: 0n o~:.on c~rr~ed 7-0. ( '- '}~--- '~l1'" =_~:J2.r: }\r"~~n(r:.. r'-; c1"rllyiq~ :tor1 ,/6 em tr.c <', _'lic::J.tion I~c~ th~t r.c thousht the ontirc ~~~li- ~'.~~. ~utt~'r rr,~--'.!rI)od. ts c2.ti"n sl1ou2.ci be dj..scussecl ','::.th :.rr. Ho'.':ell and ::rs. ~-~'ccett >:!I:-:T~~S 3:l~D ? ~~'J~T2~ 1 T ,~(...-.,,"\ ~~'-- :..',-, ,-It ,.-._~ ~;. 1:Jr;( , __ v _ J.L ... ... ~ --', ./ " '~ ( ~s s~an ~S t~cy h:lve a little ti~e 3_ne t~_2 ~:hcle tt~nG s~ould ::::: :,'C'vised. r-='~ey should knc:; v:h'J.t t::e 'J~=" =-e:.':' v.'as :::".t t:::t?Y ar~e c ~mi11g ="-n ::n ~,.~Cl sh:Julc~ l~nci~'1J ~.~.tl"l~. t t;:~ ~~ ~,~.T,' =- :,':: 8;].2:,"8. .~11GJ" C[1.n 1':")01- tl1e'.~ u~;, 1Jut t:1'-:;rc~ is ~o r--='~,:.~8r: ..'h~,1' .~t sho~;~i.:.~ !ltjt 88 JYl t}18 :'''~.:'1~.cl:.tti011. ~<r. Hcr\',foll st(~_tA~:, ~:== ~:.::'u=-c~_ t~.' c :..t t:,_or... ::~'~:2elf tD ~2 .sure; to !l~-;lr:: tl~j.is ,<:1.~'~~l=-c'J,t=-=::l C~1~~:::~C(~, -:"-=...~:<!.'ro\'~' ..::'~r-inD t:: ~'l.vr; it :::-. ad "n'''t ever s~.Z ::J:-.t:::s olei". C::::,::"'l"'~'l:ctn ,.~ I....~~n!---\v the!1 asccrt::ined t~'l:-:.t t:__.~ t~",rc ;;''J_:-: .i:: !,rc f:'r8:1C e t:J :'r. Cl: ~ 'r r I c " l' ,--(31: t i::-~ t.~: t?: "'~.uc..1. =-.---::~: c e ',Tj("' ..,... Cl ..,--,.L ...... =-~~::; ,,"~ ti8D. ( ~~8 ~.:vised th~.t t~?y ~!.'re ~,'Glco~]G t8 r~tu~~ ~:hs~ it _8 :.~s- c'J.SS,;Q on ~.:s C suber 13. Iio-;;,efully th2~l "::L..l "8? :_n ::,'os ~ ti.on tJ cL;c5_c'9 the .:c:.tt:r then :Lf thoy r:;ct t~s ::'..:1fO:r::1'lt::..':.n :'rD:'! :'r. ]:=.. r'. d . r.~hc ~e r tIe L13.11 fr O:l~ S ~~:ol:ey 's r -_ ~"'l=--~-~.:; -:'1-:. ~.t :1 c ~: ~ ,~. '~r()1..1f=l1 t 1:=-8 __l -: n to .,.{ f~ ri f~v '.T,":"l~: t 11.~ n,? c~ 1: 8 'J ~.~'1. C~: ~~~ ~l~ ~.:D_n ":.~ ~~ r:.~' ',':' re- ~: l.~. ;"' t11.q t t .,~ .:: rc ',-': .~l S 110 r~a.s en '.~.lh~.r '").n~! :J~C? ....-c.t:.l ~:. ,_' eG, G t ...'~~-- '-'~ t he s?,-=-d ~~~'?;\1~8usl:I. ( ',:~. -S?~_l'~:Jr tl1cn 1~(~f92:""rsd~ ti~cl~ t~ the .2Cl.L:::S:"Oli _~. :'~ \7-~.~'in;s t~G :::,~!~_'=,l.iCtJ_ti:='21 :l,r.:.d :9.6v~.sc.:d t~rlt iJl ?r;cru"_r:r, til(' - ....,q::-,G. .';,'- ~'Y'nv",rj ;->n "".,,'-.l~(''lt-inn ,"-i.l..h (u""'_.1.o_r1..,+r:) "".c~;"..-" .~.L'_,':",",,: ur'''''r ... ~ '( ,- ~~-~--~~ -r-l ~'J~ 1__~'~L. (" ~ ~:~ ~ ~v_~v~~_ ~f~:~~~~)1 -:rl.< ~~;~ 1-""-:: '-' ~l"r "':t,.:.:,:.; ',J. ~.l,:: d. .~_~cav____:.Jn ",L,b,,!_ttc:c, b. c,_. vU_v. r _0::0 _1/ i.- <-.1::': ~.'-P +hO'T """:"rr'lve~d- "r i''nO'',,'')<,0.n "'''r,~'~,('l '-"-~... -:-~'c"'l 11~" ""c,' <',d '-'__...... v_ .......... c...._.~._ '- . __. _......1.. .,Ji..0._' C~_'_; '.....,. t \,,;__~:,L.. ...........".v .... ....- ,.,,--" ~, f:::r :c-. r"'v5sion '.':ith 8. chC'c~':: list :"l;:=::'- J.e; '--::1 fil1i:;,C :.:1 " 18t ~f t!1ill[;S. ~:r. ::>:=-l(;~T cor:..ti.~uRC. t:12.t t~--2/' h~-"{'TC ..:'-'''~_S ~"'~l=-iY'_~s a:~c~ l:.crve sti'Jul.:;tcd t~1~=~.t ~.f 3. s~).r1jlP~l '_2 l~~='~~':"~lt, t,-~:.::'';:.; ~:'~~=-l oe ~o ~rc)blo:.1. }-:o :'~):-2 ::--.:-c f(~~:-~l tl::-:~~ 2:.3"". .-,~t: ~J.~,-t'J- '-~0 2~1:"'- "ls,:~r -:S l'le ~..n~>I;T:S hSl:.~ :.::ucl: it c,~~:t.s o.~_:;. th2:r .'J.'J.:l 11C]:' r(+~C:)V8r t~lo.t l-!10ney. "~l"'. lr}lD:~1r'SCr:. rc:=~lieu t~::.t :_t '.'.~~2 11:t ll~~-t8- j3tS, they could ~oss~bly v:Jte on so~athing ~~th sr:inc 'Jnly ::~lf tie :_;icturo. ~:~r. }~o~':ell stc:.t-?d. tl:~~t ~8 ,=;=-C~ n~t ';:.-llG'\rc t:::e 3c~rd ~as ~ron~ ~n ~~qu~r~nG ~:1 uy-to--~te ~urvey because .:;:, lot c'.'n nC'='~'c'r;. in ." y= r. ~."hen .:" v,:,r_>:-_cr; ::",3 r' quc::--t:-,ci., t~e=l ~ d_ tl:e f,~~Ct3 to ~.;o on. Ee 6o~~sn' t ::'(;_-1< _b(~'r ti1'.: ~':. _>",li- C2.. tion I"-': f,::rrccl t 0 ~:~ ~;:- brU,'::.T'Y. 1:8 i:: OC:S r~...::_' ::b'-Jr tl:.~J'~I ~ '1 ci ?.Jer~.',_'o':":I C~~~~iT~C befor0 t!-:,~ DOD.r~.~, bClC,3~2S ~Jf ti.:e Z:J21:'~r.~ Jr(~i- ~:'-::1C'2. lit t'-~~~_t t~~;~_e tr) , ,~J~~: fro~.l 'I'.ror~ ir:,~~ ~1".rdE~1i.i~S JD tile :~?::;_-~12, tllS~," ~~..il~_. ?CCC t GUI"\T ~r u-~' t8 t-r: -:l-"l.rs ;Jle, out t~~'l,t :Jr(~in.~~_C2 h~~s r..':I\V ~G{":n corrcct(cl. ~G is =:_~l ::~f~r:;~-'..:'~l~:.t '::::'..t::: ::~c;qu~ri:'lS :em 1J.~-to-.::.'te survey. ::0 _:;(,S rc'cu.~re :..t :..n t-ho "luil(l;"rlr? :-":--:;.,-;r;;....t"';,---..'t '.,.... ~r"j-jl(,'":T r---.-,--->"..L-'--'::-""'~(;' ":";'1 -.--. ~-L'r~Vr,"'r -~~ -~ ~---,--.j.""b -~ -'~...... _i. ~~.;.. ..:... _ -:.. -'--'-' t..! _.- - - ....'...... . --.../.- "--J o (:' =-~ ~s 1-' ", ~ U ~hre(~ b,? tll ~~ '0uj_=-C: i~G ::1~'; ~.:J,r t - ._?!: t be f or ~~1 ~~~-'~~ l_~_c") tj.. on :3 .::af_~,Q to this ?nL1.I'G. Tl-:erG ',1:'2...5 ~() .:'~: fu..2....tl~;.'l~ f' 3C'_~=.S~=)11 =;.~':~)~J.t tl-1C .:lGCCSs=.~t:r I~~,r ''In U;J-to-;~:t:~-. 2ur\Tc:l. C --::l're G,'on' e. c e c ct~~~rX2n ~renow read a l0ttsr f~8m ti:e Off~C2 '_.:.:',:)rYli~,':,r ad=:rC's~'cc~ to '.~rs. ~--,~d,~;ctt ~3=-:=;'-.~'cl by ':"ith r"f.rr-., ce to tile C2.:;!']. VB. ':::;rc::,n c'""se. t--.~.t t~.c, ~,,:; ~crs !'l?C rr;c:~ved a co~"y :;f -cr:..:::...c :::'..nv::::.; r:.:"c.L"lC tf18 lett-r "'c'.v~.s:..n~-; Li't t::::; :)f tl:"S Ci ty 2:~:cc.~sl1 'Y' _ _..i. . :':;:p .::lSC --; rt:' ir:.ed case. :-1.:-: c 011- C:~ t'T .'\t t0r:"'lGY I s f :'~IHUTES CF TEE REGUlAR l-IEETI:m OF T2Z 3C'f1.)I: ~)F AD,JU.s~:.::~~-7 HELL' A.~ CITY HALL, 30yr.1TOIT 3E..4.C:-:, ?LOB::'A ;.'1OnDAY, DSC}~~: :IER 13, 1 976 AT 7: 00 :? :'1. ( PRES"2j~T Jose~h Aranow, Chairman Derle B. Bailey, Vice Chairman Robert Gordon, Secretary George Ampol Vernon Thompson, Jr. Foy Ward E. E. Howell, Bldg. Official Robert B. Reed, City Attorney A3SE:'~T ( Alvin C. Boeltz (Excused) Walter Rutter, Alternate (Excused) A. J. Caravetta, Alternate Chairr.1an Aranow called the :neeting to order at 7 :00 P. ;.;. and introduced the illeTbers of the Board, Building Official, and Recording Secretary. He added that ~~. Rutter was un- able to be present and reauested the secretary to note his absence as excused. ~r. ~ailey informed the me~beis that Mr. Boeltz's wife had ?assed away last week and requestea his absence to be noted as excused. Chairman Aranow sug- gested they go on record as ex~ressing their sympathy to ~1r. Boeltz and the me~bers agreed that the entire Board ex- tended condolences to Mr. Boeltz. Minutes of November 3, 1976 Mr. Ampol moved to accept the minutes as presented, seconded by Mr. Bailey. Motion carried 6-0. OLD 3D S HJESS ( Hr. Thompson made a motion to remove the t',':o aDulications from the table, seconded by :.:r. Bailey. ;~otion. carried 6-0. Golf View Harbour, 2nd Section Lot 9, Block 19 Recorded in Plat Book 27, Page 47 Palm Beach County Records . Request - Relief from 25 ft. rear setback requirement to 20 ft. rear setback To construct, on existing ?atio, a screen room with aluminum roof Address - 1409 S. ~. 25th Avenue Applicant - Reina Johnson Mr. Gordon read the above application. c Chairman Aranow announced this was tabl~ for the purpose to give Hr. Johnson an oppor"tunity to obtain CJ. survey. :1r. Johnson appeared before the 20ard and gave copies of the survey to the members. MINUTES :aOA:~D (W ADJlJ,sT'::ET T ~PfiG~ T~iR:S~: -.ECEr':B:S.R 13, 1 976 ( Address - 728 Casa Lorna Blvd. Applicant - George W. Culver .C Mr. Gordon read the above application. Chairman Aranow re- ferred to this application being tabled for a couple reasons and advised that two of the reasons had been answered in a letter received fro~ ~rr. Reed. He then requested the secre- tary to read this letter and ~rr. Gordon read the attached letter dated November 15, 1976, from the City Attorney. Chairman Aranow asi:ed :'-'lr. Culver if he had a consent sizned by the other two trustees as requested in this letter and :"Ir. Culver replied: no. Chairman Aranow asked if he could obtain it if necessary and ~~. Culver replied: yes. Chairman Aranow then asl~ed if ~'!r. Culver had a survey and r.1r. Culver l)resented one to the Chairman. The me:nbers re- viewed the surve;y and noted it was revised :November 1), 1976. Hr. Re,?d stated that Nr. Culver should have received a copy of his letter, but due to a mixup, he did not receive a copy. Therefore, he certainly is not to blame for not having notice of the fact of consent from the trustees. Chairman Aranow replied thGt they could proceed on the theory that Mr. Culver will obtain it if !1ecessary and ;.lr. Culver aGreed and stated he could have the two trustees go to t~. Reed's office tomor- row. Chair~an Aranow stated they would ta~e for Granted that he would take care of this if it is the only question involved. I.1r. Ampol referred to having :--1r. Culver aplJear before the 30ard at least three tines and stated he believed they should grant tte variance at this time. He moved to grant the vari- aY~ce providing he submits the two signed statewellts from the co-trustees authorizing ::r. Culver to bring this B:9plication. ::r. .2.s.iley seconded the motion. Under discussion, l'1r. 'Nard referred to past experience and stated he thoucht they should put limitations on how long variances should be for and :'~. Bailey agreed. ( jr. Ampol clarified that the reason he made the ~otion is b'8cause they l^_ave had >1r. Culver come back. tilree tirrres and he has provided all the documents requested. Chairraan Aranow replied that this did not mean he is entitled to the anulica- tion being Granted just because he h~s co,jplied with the re- quests, but they must still consider whether this 30ard has tl~e au thori ty to gran t variances to build up to City streets and whether there is proper parking. :'.lr. Dailey stnted that the application did not refer to parkins at all and the re- quest was to build up to the front property line. lIe believes they should only rule on that portion. If there is a parkir~ problem,he thinks it should be taken up at the time of the a9~lication for a permit. If he needs a variance on parking, he would have to appear again. c :,!I:'~:!~~S 3C!;~~J ,:F .\DJl~3T:~:~? ? }\G.E FIVE I;~~CE:':3_~~ 13, 1976 ( 31: ~ecessary ;2r~its secured for the completion of t~e work ',';i t!':ir. a 24 ~onth ::'eriod of this date. Chair!!lan Aranow 9..s~':ed if !:2 secured a ;er~it within six ~onths and if nothing TIas jo::e within 90 _~ays, ','[aula he be able t8 contine the I'lOrk and ':. ~J':{ell ex:pl::d!1ed how the code gave i11m authority to renew ~ ;~r~it ~hic~ ~ec8mes void because of the ti~e limit. Ho~- ever, if he ;~L~ :;:ot co:n:~ler.ce war}: within anotter 90 c_ays, he :nust ;ay for a new permit. Chairman Aranow clarified that as far ~s this 20ard was concerned, he would have to start trc. ~,,-...., wl'.;-r,;n ,~Q"';..,vP, 'b'ut as1'ed -,""'en hp "'O'U.L"'Q' n' ~1Ve tr-v --'b- ._-..... \../_'V .. ~.._....L.. '-'./ .......'-">,..:_, _. .'~J. _J,.......I c...., V ~ taL: a ~Jermi t to i 0 t~:e other half of the j ')b and ;'jr. 3ailey r::- ~'::... ___ed that ....:1 tnin 2u months, he must secure all the l:er::u ts necessary for co~?letion of the project. He must secure a l.:'?rr::i t 'si thin 90 (e..ys and if nothing is clone wi thin the r..ext 90 days, he must a2~?ear before t!lis Board. >1r. Howell sus- ges:~d that it be stated that the permit cannot be renewed and ~~. Bailey aGreed this was the purpose ~f his ~otion. ( ~1r. ~hompson referred to six months being a s~ort period of ti~e t~ obtain ~ri~ts, bids, and a yossible loan. ,~~. Culver agreed it would ta:~e 3-bcut a year to get 2.11 tne permits. :-lr. ~o~e:l explained tne City requirements for review by the var- ious ?oards and advised there would be a naximum of six ~eeks cle'),ri~g all the ~-:lans. ~,rr. Thompson replied that this ':jas only ~art and re~erred to the possible ti~e r2quired to Jb- tD.:.n 18ans. '- ~~. Culv~r stressed t~~t he was going to start tllis as fast as :1e could. :'r. '" a:U_ey asl'ed if tl:sre 'Sas any r9a3on '.'.-!-'y his 3.~;-.e:;ci:;:e!1t -,':culd. cr'?~.tc any ::::r)ble~:ls 21l.d .':r. CU1VC.T re- ,;:lied t::~t he would like the six ::lOnth l)eriod to be 3. yeor. ',~".. ""'~ol as',,'pd -if' -'-e \'las "'ea'uCcqtir.g t",o r:. ""'onH} st-",..,s 0"" . ~. _~.~a_'_ ..:._~ __ _. . .1. _ ........... _... ".f V _.... ... VJ,. l......~"--" - t~o 3 ~onth stases a~d ~~. Culver replied that he wculd take '.v~:2.tever the 30ard gave him. >!r. Eailey 2S~~Ga if he \'lould he.ve :::e entire ~re.ject cO::l;lsted in 24:,10r.t::"lS and :lr. Cu2-ver re;lied: definitely. Chair~an Aranow stated n3 still tho~ght +-'n.::.y ""'ust p,et' ~ c';"'-'rtl.""r<' r:ate """'d -.r". :~o""el"' -"'r-'er; and .-.+-..,t' ~rl ~l.J...J,,-,\.. ~ '-' c:.. 0\J~ -...0. U CA.l. .__. _...... ........ ._;t~) "'~...A. C.. .;;)vCA, c-...\. ue diG~'t thin:: t~e 3card could state ~e ~ust be ~one within t~o Je~rs because as lO~G as he is buildinc ane callinE f~r ins~ections and meeting the code, they could not set a co~- ?leticn date. ~~. 3ailcy clarified tjat his aue~dment meant fer securinC;9.1l tIle ~ro:;'er permits. ~!r. =:8\':el1 asreed, out as:-ed -,';r-,c:ct they ',':pre going to do if he dic'n' t ';;'2et the cO:i1- pletien dates and :~. Reed replied that he must co~e back befcre tnis Soare a~d reQuest an 3xtension. ?~. Howell re- ferred to the possibiliti of the building not being finished ane: it just settin2; F:ere ared Chairman :'\.ran.)w rer,lied t:-.at this should be considered. He personally thinks they should set. a conpletio!1 c.~~~:. It_-=-s an ey?so~e r:ow, ,?ut he vran'~:s to ~=:;rove the oUl~a~~G. ~owever, If ne ~s COlnc to leave sC~8t~in5 half-built, then he would rather see it as it is now. ::r. Howell SL:sg-.?sted' in set tine; a cOl:rpletion date to s:ate it ~ust be co~pleted or corne bac~ b~fore this Board ( ( ;'HIWT.-SS I)/').'31~ 3~-:VI~I\r 301~:~D ~~F ~\ -_=,!JU,~)T~ =~"T ~~:2C::~ m:,'R 1:S, 1 976 ( -' . C" ~ t' d 5rv)/ f 't '., VIas '; 07:, ane. n G.J.rr:lan t~r anow que Slone. V/J 0 vma. ..r . ~eod sucsested forgetting about the phases and suggested setting ~ period of time to finish the whole thing. He explained further how a recent ordinance was passed regard- ing tte ~ranting of uses and t~e establishment of a time li~it. If it is not developed within the time limit, it expires unless improveme!lts representing 25% ho..ve been con- structed. Also, s~ecific ~rounds must be met before getting an extension. He suggests that they require the entire pro- ject to be completed 'witl:in 24 months of this 6.ate and Mr. ':'lard aml :'1r. Bailey agreed. .C Chairman Aranow clarified the amended motion to be: ~,lr. AIr.pol moved to grant the variance providing Hr. Culver submits the two signed stateMe~ts from the co-trustees author- izing him to bring this application and the permit shall be secured wit~in six months of this date, which is non-renew- able, and the entire project shall be completed within 24 months of this date. Also, in the event this project is abandoned by evidence of failure to pass the 90 day inspec- tions or it goes beyond 24 months, the City of Boynton Beach shall have the right to condemn and demolish the unfinished portion. j.Tr. Bailey seconded the motion. Chairman Aranow referred to the possibility of things ha?pen- ing ar:d stated if the applicant did have rea,sonable excuses tc request extension, he does not thin~ he would be denied a hearing before t~e 3aarci regardless of the stipulations. ( ITr. Thompson asl::ed aoout considering the )arking and Hr. Howell replied that in allowing ths man to rebuild a non- conforming building, it includes the parkin;. Chairman Aranow disagreed. ~tr. Dailey referred 'to the application requesting a variance to build up to the front property line and stating nothinc about parldng. He ~oes not think pa~~ ing has anything to do i'lith t!1is application. ~'lr.. HmJell asl<:ed if there ';Jas any reason '.':hy this Joarci couldn't clarify the ::arldng si tua tion no\'! and :!r. B2.iley re plied that they didn't have a site plan. ~~. Howell r3plied that they did hove a survey and ITr.. Eailey pointed out thCl t the pa,rl:ing area was not marteed off on the survey. Chairman Aranow agrer:::d and stated. they did not have sufficient infor:nation to cover the parking. As requested, I.-1rs. Yruse then took a roll call vote on the ar::.e'.ded motion as follows: ~.1r . Dailey - Yes telr. Ward - Yes ( iv1r . Thompson - Yes "- Hr. Alilpol - Yes I'll' . Gordon - Yes ~-,.:r . AranoVJ - No ~lotion carried 5-1. : :: = ~l.-:::-:'::S I?.t~Gl~ ~TI:~:S 2.~;i~~~ :'F !iL'JuST:::I>r 0=CS;.3I~~ 13, In.?'' '-'f r... -' " ( ~~Rrd of Adjustment, t~ere was no ~ay special exce;tions c:~l~ be granted. Also, they were told by ~r. Barrett and :.:r. ,'::Ji;wn tl:a t this :Soard could not gran t s~)ecial excentions. -:::'~:ere '.'[as some discussion about this iifference in the City Cr~i::.a::-lce and state Cha::;;ter. l''!r. Reed agreed tlle 30ard of Adj~st~ent was the proper Board to grant sgecial exce?tions, but referred to the Zoning Ordinance requiring the recom~enda- ::i:::n:::f the ?lanning 2~ Zoning Board and a~-::froval of the City Council. 5e explained this discre~ancy further and stateQ !le 1,';a8 not sure it was e.p==ro~:;ria te E'-ll d proper aLd ,;,:;oS8ibly t:-_ese sections sDould be a:.ier:.ded to eliminate the City Coun- cil and Planning & Zoning ?oard functions in those areas. C~air::!:m ,~rano's sUGGested that the ordinance be an'!el~ded to :e reco::-(u:encieQ by the Planning e: Zoning Joard to the B09.rd =f Ajjustment. ~~. Reed replied that technically this would net co~ply ~ith Chapter 163 as it states the Board should ~eet as a joint committee. 5e ad0ed that it was not extre~ely clear if Cha~ter 163 a~ylied in its enti~ety to the City of 3~ynton Beach ~ndtDere have been different interpretatioJs. ~~ere was further discussion about the procedure to be foI- l :'.':ed a:-:.d Chair~"2an AranoVl requested a legal opinion from ;.;r. Reed. ( other 3usiness C~~airman Aranow save :'lr. Culver's sealed surv(~y to ;Ir. Howell. :'T. '}:ard extended a vote of thanl:s to J.1r. Reed for being rre- se:r..t and Chairman Aranow thanl:ed >Ir. Reed and ::r. Eowell for tteir !leIs: ar:d assistance. :--:8 t::.el'l vrisbed everyone a !lB.:::};Y t.::liday season. A'3: ournment ::r. .~;?:-ool moved to adj ourr:, seconded by ::r. :3ailey. :'~otion carried. 6-0 and. the meeting VIas ::.-:;ro-;Jerly ~J.djourr.ed at 'J:O ? H. ( ~?s~ectfully submitted, \.J/<" ~ ? (, i ~.. ILc... . ~: \.'_ ,-. ". 4.-..L-'-.. j"'" -- S'..:zan::-'_e Fruse ?~cor~ing Secr8t~ry ('-''''0 ""..., Des) \._" _0...... c .~ .-- (/ .( ( l CITY of BOYNTON BEACH ~ -f ~ -._-=.:::~U u-:._...__.um - r-'::-'::- - : ':"'/> H Il~~'r----- ....::.~, ~. &-~~~~E~f::'. . ,';X;.:J~l: I' .- I ,0: i ~ - "~D' ), '..."'111 ....0 ... _I:: ''\j;J71 - , I ' v'" ~~.. ~~. . 'p~I~{L:J._.:. ;t.. . r ~, ::. .,~~". "~C;.~ P. O. BOX 310 120 N.E. 2ND AVENUE BOYNTON BEACH. FLORIDA 33435 OFFICE OF THE CITY ATTORNEY November 15, 1976 Mr. Joseph Aranow, Chairman ; City of Boynton Beach Board of Adjustment RE: Culver, George W. Re lief from 25' front setback requirement Dear Chairman Aranow and Board Members: Please accept Iny apology for being unable to attend your November 8, 1976. meeting; however, prior commitments had made it impossible for either myself or the Assistant City Attorney to attend. I have reviewed the minutes of your October 25 and November 8, 19r1G. meetings with respect to the above-captioned application and understand that you are interested in securing our response to the following questions: 1. Whether the Court Order and Administrator's Deed submitted by the applicant sufficiently establish his authority to request the subject relief. 2. Whether it is necessary to secure a letter from the remaining two (2) Trustees stating that Mr. Culver has authority to act with respect to the subject property. Be advised that this office has examined the title to the subject property~ and it is our' opinion that Yancy ByrdJ III, Charles Herring and George Walter Culver, as Trustees of the Trust under the Will of George W. Culver, Sr. are the present titleholders. In addition, we have reviewed the said decedent's testamentary Trust and find that the pro- visions therein grant Trustees various general powers over the Trust property sufficient to entitle thenl to bring the aforesaid application. However, I believe that the remaining two Trustees (Messrs. Byrd and Herring) should sign a statement to the effect that they. as Trustees under the aforesaid Trust. consent and join in the application for a variance filed by Mr. Culver. I. .I Mr. Joseph Aranow. November 15. 197B ( Page 2 Chairman . (} HopefuLLy the foregoing opinion will serve to assist the Board in hearing this applicati( however. should there be any further questions I would be happy to attempt to answer san Further.. I have noted the Board's discussion of Mr. Smodish's September 28.. 1976. lette to the City Clerk asking that copies of the Clark vs. Morgan case be distributed among Board members. Since this office is in the process of preparing an ordinance revising th section of the Code pertaining to the Board of Adjustment. we were interested in obtainin! the Board's view as to whether this revision should include provisions permitting the Boa to grant "use variances", which is presently prohibited under the terms of Section 10 (B) (4) of the Code. Since it appears there is some confusion concerning the applicability of . Florida Statutes Chapter 163 to Board activities as well as the jurisdiction of the Plannin~ and Zoning Board vis a vis that of the Board of Adjustment. either myself or Mr. Smodisl wiLL again make an attempt to be present at your next meeting for the purpose of clarifyinl these questions. 'Z~:c~ RBR/jo ( l GENE MOORF L....WyER SUITE 18. OCE"'N PL.'ZA 840 E"'ST OCE"'N AVENUE BOYNTON BEACI-l. FLORIDA 33435 J TELEPHONE 1305) 734-2424 M...ILING ADDRESS: P. O. ROX 810 November 18, 1977 J Edgar E. Howell, Building Official City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33435 Re: George Culver / Two Georges Pursuant to your request, I have revic~wed actions taken by the Board of Adjustment in connection with the above matter. It would appear that the intent of the variance granted by the Board to Mr. Culver to tear dqwn and rebuild the building in question on December 13, 1976/carried with it a requirement that the parking problem be resolved in connection with the rebuilding plan. The fact that the final action taken by the Board was to deny the parking variance would appear to result in their original action ~eing also nullified. If the Board, in fact, intended for the additional parking requirement not to be interlocked with the original variance authorizing demolition and re- constructipn of subject building, Mr. Culver would be faced with the end result of not being allowed to utilize the rebuilt building for its intented purpose, inasmuch as the City could not issue an occupational license to him without the required . parking spaces being available, or the Board ultimately granting a variance to reduce required parking spaces. ~One solution might be for Mr. Culver to purchase or lease ad- ditional required parking spaces in the immediate area pursuant to the terms of our Ordinances. In the meantime, unless the Board of Adjustment desires to clarify its position that'it did not intend for the original variance to be interlocked with the parking requirement, it would appear that the existing building permit should be voided. ._ ,/ ~ " / GENE MOORE, City Attorney / ~M: c. Derle Board ,I, ~ t' Bailey, Chairman of Adjustment . ---~-~_._------- ~,:'~' "'!.:'/;'---~ ~'~ 'k,l'~r:-i;,:~:~ ,:....f'fl, , ~~ ,. J" '/Ii-- .-...of: ~ 'II .. ,. ;.' "~. .... :,::'._~,__-,--2~__._~._,._~ ,:- - .~,., 1....,., ,,:.;; ~"".. "" ( 'or; ,.,...e ,4. ~ ,. . . NOTHT 0" "lRr.H' HEAl<INr. hi;' t<: ili' BOARl {Jr' J,: ~rTY or !~)YN'!" '. K; ':. George W. Culver has requested variance as follows: Rel:ir>( from ~" required parr-5ni' ~q,J"l<:t'~ t.; 11 paf'k:ng ~pace~" 1 ,.l !'" I ;llq av"il ~ t;~(~ ad1lil itH "J.l u'killg. Lots 1 thr-nr~~', ~, C J\SA l.cJMA ~(.'conj€'d t j. ell Pal.' Kr'd,!; .:o\\nt) Address: 728 r:asd LeonId HI Jd. HEARING WILL BE HELD IN THE rouNCI!. ~~HAW\! i. HALL, MONDAY, JUNE 13. 1977, AT 7:00 r. ~. ""Y'o) JH m;.r\('H '-'[TV Legal advertisements will appeal' i n t:~ " / 'Lt L alld June 7nd 1aaues of the IlOYNTON REA('f! NLWS ,")OIRNIIL. Notice of ~ rfqUt~ste! vaTi'ln 400 ft. ot U,,, app1 i "dn your opi nion on the Jt" ( wit hin t'i '.Ioi,-'(' Object ions f1ldj t;.. ;lj>.'~rd in }.h.'I':O il "r prJor to heiirin'J d.l~(~. It furt'J': .r! c<111 "'..t~; 1, City r'lf'r~.1 0ft i '.- 11',1 \. , i ~ 'd, i !.>,.',;- Md') ~" -. ,~ ~~"":.f4~1~~~, ,,,,,,,it;~.~ -.....,t~:'~; CA"'!oA LeMA \oCT. ~ ..... -,- ~-,--=-....' o o o o o ~O"'l;. 0 0 o 0 ) 0 bCK..P"", ",. - . 0 0 0 0 0 0 I L__ t\I " ~ (,;) c, r:: I ( ~~A\ '7 I ~- I ~t'~\N\ I ........ I '\ "y-- - =-:: =-=.~---- ~ ~O.~(M"""" E-. DE~CR'PT'Ot.J : l..OTS '.~;5.4."',<DA\.IO TH~ &:A'5.T I~ ?'5 >c., OF- \.0,. ..,.. ...- ~HOWIJ OU TH6. PI...lt., OF' c;...>..'i>A LOMA, '8OY\.i\Ot.J a~H. FLOR.IOA.. . " :-,: ii,'':''': f' 1K~~.,,- 5-. ~ ~, v ."%;ai"~\~?~j~*';;..! 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