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03-14-60 MARCH l~th, 1960, A regular meeting of the City Council was held in the Council Chambers at 8:00 P.M., with Mayor Glenn B. Sundy in the Chair, Acting City Manmger R. D. Worthing, City Attty. Richard F, Zimmerman and Councilmen Col. Dugal G. Campbell, Charles H. Harbison, John A. Thayer and George V. Wa rren being present. An opening prayer was delivered by City Attorney Richard F. Z i~ne rman. On motion by Mr. Thayer and seconded by Mr. Warren and carried unanimously the minutes of March 7th, 1960 meeting were approved. The proposed site plan of Lutheran Church expansion program was presented by the City Manager and Walter Roth of the church was asked to e~t~olain the set up. He stated that the buildings would be set back 25 feet from the north property line, which set back had been requests4 ed by the Planning Board, also that they would place shrubs between the trees now existing along the north line of the property thus making a solid hedge. After disucssion regarding the preference of a hedge or fence, trespassing, set backs and easements in Chevy Chase, also quoting and discussion of ordinances regarding noise, Mr. Campbell moved, believing that it is for the betterment of the City as a whole, that permissive use be granted the Lutheran Church to build the proposed school and church, it being understood that the set back of 25 feet will be established and further that a combination of fence and hedge will be established on the north and west sides of the p.~.~operty by the church at their own expense. The motion was ~edonded by Mr. Harbison and upon call of roll Mr. Campbell, Mr. Harbison, Mr. Thayer and Mayor Sundy voted in favor,,Mr. Warren being opposed. Regarding applications received for the position of City Manager~ Mr. Worthing stated that over the weekend the council considered and revie:~ed all of the applications received and today have contacted by mail those that looked most promising and are soliciting consider- ation of those which will take place as soon as arrangements can b~, made,. Regarding a policy providing for "Extension of Water Servic~ Out- side City Limits" Mr. Harbison stated that he desired a state~ent be in the record about the availability of water at the present ti~ amd moved that this matter be tabled until the head of the wat~:r department has had time to study and make his comments on same. The motion was seconded by Mm. Campbell and carried unanimously. A report from Fire Chief, John R. Gregory was submitted that had been requested regarding the need for a Drill Tower and Fire Expe~.- mental Room, and Mr. Campbell moved that this matter be tabled until after the council had attended the drill on the last Thursday of this month, and see the department at work and listen to their requirements. The motion was seconded by Mr. Thayer and unanimously approved. Mayor Sundy then appointed Mr. Campbell, Mr. Thayer and Mr~ Harbison to meet with the architects for the Community Center and City Ha~.! ~nd reach some kind cf an agreement and bring i'~ befc~e the City Council next Monday night. Mr..Worthing then read the following letter from Paul ~ Led?idge., Promotion Chairman of the Delray Beach Board of Realtors: "The D~lra,..~ Beach Board of Realtors respectfully request permission to erect i'.~e Realtor's si.~?~:s at th~ city approaches. We would to erect t;~ese signs on ~oz, t?'. and Sc,',~th Federal Highway, Nc~,~'th and South 0c ear Bouleva~'d and on West Atlantic Avenue. These signs arc very s~..milar to Civis s~ud Luncheon Club signs. Tho s. tts, ched is one of t',~em, They are made of hee?y, hard aluminum a~,~.d ar, e manufs, ctured by the same plant that handles all the major service club signs." M~,. Warren x~oved that any action on this request be deferred a!; les~st until the new 5th and 6th Avenue highways are co~upleted ar~d see wl~at spaces there are that will be avails.bio s.t that time. The motion was seconded by Mr. Thayer and Upon call of roll ~r. Co~upbell, Mr. Thayer, Mr. Warren and Mayor Sundy voted in favor, Mr. Harbison abstained from voting. MARCH 14th, 1960. Regarding further consideration of deviation request for side yard set back on Lots 22 and 23, Block 4, Lake View Heights, Att'y. Nell MacMillan representing Louis F. Rauth and about thirty nine other home owners in that area presented a signed petition objecting to such deviation being granted. After comments by property owners and interested parties Mr. Thayer asked the City Attorney whether or not it is possible for the City Council to grant a deviation excep- tion in the case of a situation that is neither a hardship or unique~ Attorney Zimmerman stated that he thought you would have to show that it was a hardship or a unique situation and that this corner lot is different 2rom any other corner lot and is subject to the same conditions and there would have to be enough facts to satisfy your own mind in order to Justify granting a deviation. Mr. Harbison moved that the council take ever~y means to further the work that is being done on the study of corner set backs and, since they do not have jurisdiction on this unless it is a hardship to indicate that the council does not have the right to grant the deviation. The motion was seconded by Mr. Warren and upon call of roll Mr. Harbison~ Mr. Warren and Mayor Sundy voted in favor of the motion, Mr. Campbell and ~,L~. Thayer abstained from voting. Regarding the rezoning request on Lots 19 and 20, Block D, Palm Beach Shore Acres, Mr. Harold Roig owner of the property immediately to the south thereof, namely Lots 21 & 22, Block D, Palm Beach Shore Acres requested again, as he had done previously by letter, that if Lots 19 and 20 were rezoned to R-3 that his property also be rezoned R-3. Mr. Roig was informed that each case would have to be consider- ed separately and if he desired to make a request for rezoning of his property, such request could be made early the following day and that the Planning/Zoning Board would gladly hold a meeting at a time necessary to get its recommendations to the council, all of which if acted favorably on, such a request could be confirmed in an ordinance of two readings and still be within the period of time expiring not later than April 30th. Mr. Campbell moved that the rezoning request on Lots 19 and 20, Block D, Palm Beach Shore Acres be granted. The motion was seconded by Mr. Thayer and upon call of roll Mr. Campbellj Mr. Harbison and Mm, Thayer voted in favor and Mr. Warren and Mayor Sundy voted against the motion. ~fter discussion of rezoning request regarding Sherwood Park, Mr. Harbison moved that all zoning requirements and restrictions of be met with the exception of square footage and that a minimum of 1800 square feet per lot be allowed on the basis that it be entered into tD.e final plat and that be a part of the acceptance~ of the plat and have the right to establish a new zone with those requirements if the City Attorney feels that it is needed. The motion was seconded b Mr. Campbell and unanimously approved. Mr. Worthing read a letter from Dora M. Sparkman objecting to the operation of a neon sign on th~ Hampton Apartments operated by Mr. Mrs. ~,Fm. Pfundston. Mr. Harbison moved that receipt of the letter be acknowledged. The motion was seconded by Mr. Thayer and unanimously approved. Mr. Worthing then read EMERGENCY ORDINANCE G-344 in its entirety. AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA A~DING SECTION 29-11 OF THE CODE OF ORDINANCES OF DELRAY BEACH BY ADDING PROVISIONS SETTING FORTH THE PROCEDURE OF THE BOARD OF ADJUBTMENT, ITS POWERS AND DUTIES, THE ESTABLISHMENT OF A SCHEDULE OF FEES AND CHARGES AND PROVIDING FOR AN EFFECTIVE DATE. (a copy of Ordinance No. G-344 is attached to and made a part of the of Eicial copy of these minutes.)(See Pages 70-A thru 70-G) Mr. Cam~pbell moved to adopt Emergency Ordinance No. G-344~, The motion was seconded by ~. Warren and unanimously approved. In regard to the action of the council last week that Mr. Roy Simon resign from his appointment as a member of the Board of Adjustmont if he was appointed architect for the Community Center~ Mr. Thayer moved that Mr. Simon retain his position on the Board of Adjustment MARCH 14th, 1960. ~Q for a term of two years with the only provision that he resign from the Recreational Advisory Board, if he is selected as architect. The motion was seconded by Mr. Harbison and unanimously carried~ Mr. Worthing read a report from Fire Chief John R. Gregory regard- ing Fire Protection Outside the City Limits, which report had been requested by the council. After discussion Mr. Campbell moved that a committee consisting of the City Manager, the Chief and two members of the council study the possibilities of giving this aid to our surrounding areas. The motion was seconded and unanimously approved~ The mayor then appointed Mr. Worthing, Chief Gregory, Mr. Warren and Mr. Campbell as the committee for that study. Mr. Worthing presented the Planning Board report on the request of James I Sinks for deviation on height of wall on Lot 2~, Block B, Pineridge Heights, that the request be granted as requested. Mr. Campbell moved that the request be denied. Th~ motion was seconded by Mr. Warren and unanimously approved. Mr o Worthing then read the following report from the Planning Board: "At .~ special meeting of the Planning and Zoning Board together with Mr. George Simons on March 10, 1960 the Board considered requests from the Beach ~axpayers League to establish a triplex zone for Lots i thru 8 in Block I and Lots 28 thru 37 Block 5 Seagate Extension which are currently zoned Since only two of these lots are currently occupied and with single family units the Board felt that a rezoning to R-1AA would be fully justified° The Board respectfully requests that a hearing be called for this purpose." being so moved by Mr. Campbell that the public heari~.g be held and seconded by Mr. Ha~bison. Upon call of roll Mr. Campbell, M~. Harbison, Mr. Warren and Mayor Sundy voting in favor of the motion and M~. Thayer abstained from voting. Mr. Campbell asked about a report from the Planning Board regarding the request for post office site in Block 73 and was informed by Mr~ Paul ~ow!es that the report had been withheld as he had been given to understand that the request had been withdrawn. Mr. Campbell asked that a report be made by the Planning Board on the subject for a matter of record. A report by Mr. Fleming Director of Public Works regarding street lighting on New Federal Highway was presented. Mr. Campbell moved this report be tabled for study. The motion was seconded by Harbi~on and unanimously approved. Mr. Worthing presented Bills for Approval in the amounts of: General Fund $ 14,116.52 Water Fund - Operating Fund 338'78 Mr.' Harbison moved that the bills as s~bmitted be approved, seconded by Mr. Thayer and unanimously carried. Mr. Worthing informed the council that in December, 1959 Elliott Gross & AssOciates were authorized °proceedto with survey and plans for the proposed new West AtlanticR/W from Seaboard Railroad west to the corporate limits and they have submitted a bill covering . services f~ r same in the amount of $965.00~ Mr. Warren moved authorization for payment of t~.~ bill. Motion was seconded by Harbison snd unanimously carried. · M~.~.~orthing then informed the council that there were no identi- fied funds for the payment of the above mentioned bill and he asked for an appropriation from the contingency fund, being so moved by Mr. Campbell, seconded by M~~. Warren and unanimously ~pproved. A bill was presented from the City Attorney in the amount of $25.00 for court appearance in the case of the City vs Cap'bain Hodgekins regarding the Ws. ke Ordinance. Mr. Th~yer moved for authorization of the payment of this bill. The motion was secondod by Mr~ Harbison and unanimously approved. MARCH 14th, 1960. ' Mr. Worthing~then read the following request from Attorney J. Clinton Scott: '~Kindly be advised that I represent Mr. ~. R. Haggart, who requests that his property known as Lots i through 12, Block 73, which is zoned R-2, be granted a deviation for the purpose of constructing a p~?king lot upon the same, to be used in conjunction with his property on N. E. Second Avenue, which is zoned C-2. My check in the sum of $5.00 is enclosed herewith for the March 25, 1960 meeting of the Planning and Zoning Board." Mr. Campbell moved that it be referred to the Board of Adjustment and motion was seconded by Mr. Thayer. After discussion as to whether it should be referred to the Planning Board or Board of Adjustment, ~. Tha~jer withdrew his second to the motion and moved that it be referred to the Planning Board, motion being seconded by Mr. Warren. After lengthy discussion regarding the difference between permisslv~ use and deviation and as to what items the Planning Board or the Board of Adjustments would act upon and it being questioned as to whether this request for deviation is actually a deviation or permissive use and whether it could be allowed under our present zoning ordinance and both motions and seconds being withdrawn by the makers, Mr. Harbison moved that the request be referred to the Planning Board for their study, including a possible suggestion of change of ordi- nance. The motion was seconded by Mr. Thayer and mPon call of roll Mr. Harbison, Mr. Thayer, Mr. Warren and Mayor Sundy voted in favor of the motion, Mr. Campbell being opposed. The meeting was adjourned by motion of Mr. Thayer and seconded by M~~. Harbison at 10:05 P.M. R. D. Worthing City Clerk APPROVED: Mayor - /