08-17-59 AUGUST 17TH, 1959.
A Regular Meeting of the City Council was held in the Council
Chambers at 1:00 P.M., withMayor George Talbot Jr. in the Chair, City
Manaser W. E. Lawson Jr., Acting City Attorney Neil MacMillan and Com-
misszoners J. LeRoy Croft, Charles H. Harbison and Fred B. NcNeece be-
lng present.
An opening prayer was delivered by Rev. J. W. Swanson~
The Council, by general consent, approved'the Minutes of the reg-
ular meeting.held on August 10th, as submitted..
At the request of ~myor Talbot the Council deferred consideration
and discussion of the proposed 19§9-1960 Budget until a later date.
City Manager Laws-on referred to the Council's discussion, at the
previous meeting, of the possible hiring of special legal counsel con-
cerning t~e City's position relative to extending water service and
water faczlities to Delray Beach Shores in view of comment and peti-
tion from l~r. Fred M. Spinner, for such service, expressed in recent
council meetings.
Mayor Talbot suggested that if Att'y. Henry F. Lilienthal were to
be considered ~t would be well for him to be furnished all available
information gathered from the .minutes of Council meetings in prior
years relating to the water mazns on Ocean Blvd. south from Casuarina
Road and any water facilities provided various properties in Delray
Beach Shores. -~
Commissioner Harbison expressed preference for using local legal
counsel and further felt,that the City Attorney should handle this mat-
ter inasmuch as he is so familiar with the immediate request of Er.
Spinner aswell as the various factors relating to such extension of
water service by the City to areas lying outside the corporate limits
of the C~.ty. ~
In view of advice from Acting City Attorney MacMillan, that, in
as much asthereis no action against the city~ pending at this time,
it would be.advisable to awaitthe retumn of Czty Attorney Harry T.
Newett before taking any further action concerning the extension of
limits, the il deferred further
water facilities outside the City . Counc
consideration of ~. Spinner's petitzon until the return of the City
Attorney.
The City~nager submitted a request from several owners of pro-
~er~yon N.~, 14th Avenue, between Second and Third Streets, request-
zng the rockin$ or paving of thatportion of.N.W. 14th Ave., and cited
the fact that zmprovementof this street is part of the over-all pro-
gramfor improvement of streets in 1959-1980 fiscal year, as scheduled
in the S-Year Programof Street improvements agreed upon by the City
Council and the Civic League. ~ . ~
The~Council requeste8 the City Manager to review this.request
with Mr. I, C. Smith of the Civic League t~ determine if the League
desired to alter the original 3-year program, agreed upon and as same
affects this,part of N.¥~. 14th Avenue.
~ City. Manager Lawson submitted a request from ~r. W.. C. ~Villiams,
Jr,, for an exchange of a small city owned parcel of land for a strip
of~land, fifty feet in width which would provide a westward extension
of S.~. 2nd Street from 15th Avenue to the proposed State Road No..9.
On motion of Commissioner McNeece and seconded by Commissioner
Croft, the CounCil unanimously ~pproved denial of effecting such a
change as requested by Dr. Ezll~ams,
AUGUST 17, 1959.
The City Nanager read the following request for "Deviation" from
Mr. Cliff Baker, concerning the East 210 ft of the South-half of Lot
10, Block l, 0sceola Park:
"The subject property is owned by Mr. Herbert Nielsen.
It has a frontage on the IntracoastalWaterway of only ?3.66 ft.
Because this lot faces, on the South, on S.E. Sth Street, existing
ordinances require a 30 foot setback for a residence. On the North
of this lot a setback of 10 feet is required. This leaves only 33.66
feet in a North and South direction far construction. This is quite
inadequate for building on such a valuable water f~ont ~roperty.
Abutting this property to t~e West is a lot w~th a"frontage of
99 feet by ?3.66 feet ~eep on wh~oh.a home was built. In November
1958, in order tha~ th~s buildingm~.gh~ be built, a request was made
by the owner of this lot that a devzatzon be granted providing a 20
foot setback from S.E. Sth Street. This deviation was granted by the
Commissioners and established a set back for this North side of S.E.
Sth Street on which there are but three lots, including one zoned
commercial on U.S.~I.
We would ask that the present Commission grant a similar devia-
tion, at this time, for our client, Mr. Nielsen, the owner of the sub-
ject property.
Incidentally~ in 1956 consideration was given by the Plsnning
Board and Commisszon to reduce the wzdth of S.E. 5th Street (for this
one block between U.S.~i and the waterway), from the present 60 feet
to 40 fee~, with 10 feet on the North and South sides reverting to
the abuttzng property owners. To the best of our knowledge thzs lo
gical suggestion was never acted upon, and we would suggest that it
be done at this time.
Your usual cooperation'will be appreciated and we await word of
your decision with interest."
/S/ CLIFF BAKER, Realtor.
The Council, on motion of Commissioner NcNeece and seconded by
Commissioner Harbison, unanimously agreed that this 'Deviation' re-
quest'be referred to the Planning Board for its study and recommend-
ation.
MEETING ADJOURNED:
APPROVED: ...... .~__ . . R. D, ~)RTHING _
MA~OR