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06-27-50 JUNE 27th, 1950 Regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:30 p. m. with Nayor John N. Kabler in the Chair, and City Attorney John Noore, and the following Councilmen present: R. J. Holland, W. A. Jacobs, Walter A. Roth, and J. L. Saunders, a quorum being present. T~e minutes of the Council meeting held June 13th, were approved as written. A letter from Nr. W. H. Sweet, requesting the installa- tion of a Street light at the corner of N. E. 8th. Str., and 8th Ave., was read as follows: June 16th, 1950 Hon. John N. Kabler, Nayor City Council Delray Beach, Florida. Dear Nr. Kabler: I hereby request that a light be placed on N. E. 8th Street at the corner of 8th Ave., This would be at the intersection of N. E. 8th St., and 8th Ave., and about half way between the Federal Highway and the Bridge. This would light up a very dark street, and an increasingly important thoroughfare. There should be a light on 8th Str., between the Federal~ '~md the' bridge. Sincerely, (Signed) W. H. Sweet Councilman Jacobs reported that he had investigated the need for lights on N. E. 8th Street, and recommended that at least three lights be installed from the Federal Highway to Ocean Boulevard. After discussion, Councilman Holland moved that four lights be provided, two between the Federal Highway and the Bridge, and two between the Bridge and Ocean Boulevard, as this Street is becoming a thoroughfare since the opening of the 8th Str., bridge, and at the present time is not lighted. The mtion Was seconded by Councilman Jacobs, and upon call of roll carried unanimous ly. Upon motion of Councilman Holland, seconded by Councilman Jacobs, and unanimously carried, an application filed by J. C. Wight jr., of West Palm Beach, for a solicitors license to sell clothing in the colored section only, was approved., with the understanding that he would not peddle merchandise from door to door, but only take orders for future delivery. Mr. Robert V. Millner, operator of Roselle's Delicatessen and Bakery on East Atlantic Ave., appeared before the Council with reference to the license fee of $ 80.00 charged for the operation of his business, ~n addition to a fee of $ 15.00 for his bakery. Mr. Millner contended that grocery stores were a' ~ allowed to sell delicatessen products w~thout paying an additional license, and he felt that he should either be allowed to pay the same license as a grocery store, or they s~ould be required to pay a $ 80.00 license to sell delicatessen products. It was the coneemus of opinion of the Council that this particular license fee was excessive, and Mayor Kabler appointed a Committee, Consisting of Councilman Saunders, City Attorney Moore and himself, to study this particula~ provision of the License Ordinance, and report at the next council meeting. A letter from Mr. Edward A. SChellenberg, owner of the Nautical Aire Apartments, again requesting an adjustment on his 1949 taxes, was read as follows: June 16th 1950 Dear Mr. Mayor and Gentlemen: In re; Refund 1949 taxes for apartment, Lot 3, Block 14, Seagate. Will you again consider my 1949 tax assess- ment to satisfy yourselves that the error in over assessment is mathematical, and that I have been charged with more square as well as cubic footage, than actually exists? I feel certain that if you will check with Mr. Philip Chambers, he will verify these facts. ~hen I appeared before your Board, I was prom- ised that if the error was mathematical, a re- fund would be made, and I therefor paid my taxes under protest. I understand my taxes have been correct- ed for 1950, and I trust you will agree with me that this should also be corrected for the 1949 statement. Please give this matter your attention, and know that I am not asking special favors or complaining about high taxes. My only complaint is that I was improperly assessed as to footage of th. Nautical Aire. Thanking you, I remain, Yours Sincerely, ( Signed) Edward S chellenberg A statement from the Tax Assessor showing that the balconies referred to had been assessed as full buildings, and that by correctly assessing thes balconies a reduction of $ 3,800.00 would be made in the asse6.aed value of the proRerty. A motion was made by Councilman Saunders that an ad- Justment be made on the 1949 Tax Roll to correct this error in assessment, and refund be made to Mr. Schellenberg after verifying the titleto the property to ascertain if Widow's exemption, claimed by Mr. Schellenberg's mother should be allowed. The motion was seconded by Councilman Holland and upon call of roll carried unanimously. Minutes of the meeting of the Zoning Board held June 16th, at which time a request for a Special permit, filed by the First National Bank, to allow them to remodel and enlarge thei0r bank building without complying with set-back requirements, was considered, were read as follows: June 16th, 1950 The Delray Beach Zoning Board met in the Council Chambers on Friday, June 16th, 1950, at lO;00 A M with the following members present: Chairman Kenneth Jacobson, Garland Thayer King Cone and R. Bruce Puckett. Anderson Hubbard, President of the First National Bank of Delray Beach and J. W. Nowlin, Attorney, were present. Mr. F. J. Schrader, City Building Inspector was also present. The first matter to consider was the request of the First National Bank for a Special Permit to remodel and increase the cubic footage of their present bank building without complying with th the set-back requirements on Atlantic Ave., and 3rd (S E ) Ave., This reqUest is in violation of the Code and the Zoning Board did not feel that they could recommend the granting of this request; however the adherance to the set-back requirements in remodeling old structures where the weight bearing walls were not to be changed was questioned. It was pointed out that an Emergency Ordinance No. G~2Vwas passed to allow the remodeling of Love's Rexall and Zuckerman's stores without conforming with the set-back requirement. Irene Moore's and the Walsmith Building had b~th been remodeled and the cubic footageincreased without adhering to the set-back requirements, because it would cause undue hardship to the property owners. A. George had constructed a building at the rear of his building on S W corner of E. Atlantic Avenue and S E 4th Avenue without adhering to the set-back requirements on $ E 4 4th Ave., This permit was granted in violation to the Code because it was considered that the set-back space would be of more value to the owner and the City for accomodating a larger office building than as a future parking space. The Ordinance on set-back requirements was passed for the purpose of widening the streetsin the future as the width is adequate for the present traffic. Mr. Garland Thayer contended that it is better to set back at the time a building is being remodeled than to wait until it is necessary to widen the street. ~r. Puckett said that he thought the law should be adhered to or changed. Mr. Cone recommended that the Ordinance be changed to con- form with the precedence set by the Council in the granting of previous Special Permits. Mr. Puckett stated that by making exception to this Ordinance a precedence had been set which should be taken into consid- eration. Mr. Puckett made the motion that in view' of the precedence which had been set by the Council in granting the above ex- ceptions to this Ordinance No. 216, which exception have ~'~ ', in effect ~ nullified the provisions in the Ordinance, we believe that the Ordinance should be abandoned or amended to take into consideration the hardship brought on the property owner by the denial~ of such Permits. Mr Cone seconded the motion and it was passed unanimously. ~r. Jacobs added that the Zoning Board should uphold an Ordinance, if possible, except where exceptions do not create a precedent, otherwise if the Ordinance is wrong it should be nullified. It was agreed that the Zoning Board should meet with the Council at their next meeting to .discuss the rewhiting of this Ordinance as evidently it was not an Ordinance wanted by the Council or the Public. Application of J. W. Galloway to move the Zook Office Building located on his property on East Atlantic Avenue, to the rear of this property, to be used for the storage of outboard motors etc. The building is in a No. i Fire Zone is non- conforming. Mr. Thayer made a motion that this bB referred back to the Council as L it does not come under the Jurisdiction of the Zoning Board. Mr. Puckett seconded the motion and it was carried unanimously. There being no further business the meeting adjourned. (Signed) Hel'eh Long, Sect'. Attest: Kenneth Jacobson, Chairman Mayor Kabler then explained that the Council had later held an unofficial meeting with the Zoning Board and the Planning Board, and Th e City Attorney had been asked to pre- pare a new Ordinance covering side street set-backs, which Ordinance was presented for the first reading, and read in full as follows; ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING MODIFYING AND ALTERING SIDE S~EEET SET-BACK REQUIREMENTS IN CERTAIN DESIGNATED AREAS WITHIN SAID CITM; PROVIDING EXCEPTIONS, AND FURTHER PROVIDING PENALTIES FOR THE VIOLATION THERE OF, AND CONTAINING A REPEALING CLAUSE. BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: SECTION l: That this Ordinance shall apply only to property which is now or hereinafter in any busi- ness zone in this City, which prope~rty is located on a Street or Avenue running North and/or South of Atlantic Avenue; that this Ordinance shall not appl~ to property located further from Atlantic Avenue than the first alley-way in the Block or one hundred seventy-three (173) feet which ever is the greater distance from Atlantic Avenue: SECTION 2: That this Ordinance shall apply to side street set-backs only. SECTION 3: That, if any new building is erected and constructed within the above designated area, and in said area, there are no existing structures, and the Street or Avenue has a right-of-way forty feet(40) or more, then such building being erected and constructed shall set back ten feet (10') from the property line. SECTION 4: That, if any new building is erected and constructed within the above designated area, and in such areathere is an existing structure or structures, suc~ structure or structures not having been erected pursuant to a temporary building permit, and the ~ street or Avenue has a right-of-way forty feet (40') or more, then such building being erected and constructed, shall set back as far as the existing 1 building having the furtherest set-back; provided however, that the new building shall not be required to set back farther than ten feet(10') from the property line. SECTION 5: That, if any new building is erected and constructed with in the designated area and the street or avenue has a right-of-way less than forty feet (40') then and in that event, such new buildl ing shall set back a minimum of ten feet (10') from the property line. SECTION 6: ~hat, for the purposes of this Ordinance, any existing buildin~g which is extended converted, re-constructed, and/or remodeled so as to change the location of, or alter any bearing wall and/or increase the cubic contents of the building; shall conform to the above requirements pertaining to new buildings. SECTION ~: Any person violating any of the provisions of this Ordinance, shall, upon conviction thereof, be punished by a fine not exceeding $ 500.00 or by imprisonment for a period notexceeding ninety days, or both such fine and imprisonment, in the discretion of the Municipal Court. SECTION 8: This Ordinance shall repeal any Ordinance or Ordinances, or parts thereof in conflict herewith. SECTION 9: That the foregoing requirements shall not apply to Sixth Avenue, Bronson Avenue, Salina Avenue, Palm Avenue and Palm Street. PASSED in regular session on second and final readingon this the llth day of July, 1950. Mayor ATTEST: City Clerk First Reading -- June 2~th, 1950 Second Reading-- July llth, 1950 Passed and adopted After consideration, Paragraph 6 of this proposed Ordinance was amended to read as follows: "That, for the purpose of this Ordinance,any existing building which is extended, converted, re-constructed and/or re-modeled so as to change the location of, or alter any bearing wall, shall conform to the above requirements pertaining to new buildings. "This deletes the words "and/ or increase the cubic contents of the build- ing". Upon motion of Councilman Saunders, seconded by ~ouncilman Holland, and unanimously carried, the foregoing Ordinance was placed on first re~ding as amended. The Clerk was instructed to mail copies of this proposed Ordinance to the Zoning Board and the Planning Board, for study before it comes up for the final reading on July llth. Mrs. AliceMayer, owner of property in Block 125, com- plained to the Council that the valuation of her property had been raised for the past two years, while property adjoining hers had been lowered, and they had been allowed ttomestead Ex- emption to which they were not entitled. Mayor Kabler advised Mrs. Mayer that her complaint would be checkedinto, and if an error in assessing had been made it would be corrected. The following letter fo~ Mr. J. W. Galloway, with refer- ence to his request to move a small building on his propwrty on East Atlantic ave, to the rear of his property was read: June 21, 1950 Mr. Black, City Manager Delray Beach, Florida. Dear Mr. Black: With further reference to my application for the removal of the former Zook real estate office building, to the rear fo my Atlantic Avenue property, I have checked the fire- zoning with Chief Gregory, who informs me that Zone A fire zoning extends to 150 feet from street line to rear. The place to ehich I plan this building will be over 150 feet to the rear- which ~emoves this building from Zone A fire restrictions. I would appreciate your advising the Council, when my request comes before them again. at the next meeting. Your cooperation in helping me salvage this building, as I do not wish to lose m~ investment, will be greatly appreciated. Yours very ~truly, (Signed) J. W. Galloway Upon adbice from the Building Inspector that the property where Mr. Galloway proposed to move the building was a No. 2 Fire Zone, where the building would still be non- conforming, a motion was made by Councilman Saunders, seconded by Councilman Jacobs, that Mr. Galloway's request be denied. Upon call of roll the motion carried unanimously. A motion was then made by Councilman Jacobs, seconded by Councilman Holland, that the application of the First National Bank for building permit to remodel and enlarge their Bank building be approved, in conformity with the foregoing proposed Ordinance. Upon call of roll the motion carried unanimous- ly. It was suggested by Councilman Holland that dangerous holes on S. W. 5th Ave.m from the paving to the curb or side- walk, be filled with rock as a temporary relief, and he offered to work with the City Manager on a project of making up a list of such spots in the Streetsin ather locations as well, so that several days ~an be spent in filling up danger- ous holes. Councilman Saunders advised'the Council that property ownersin the South end of the City had requested the paving of S. E. 4th Street from Swinton Ave., east, opening this railroad crossing, as a benefit to residents in thm section. After discussion, a motion was made by Councilman Saunders, that this improvement be set up as No. 3 on the priority list, and the City Manager be instructed to start negotiation with the Florida East Coast Railway to open this crossing. The motion was seconded b~ Councilman Roth, and upon call of roll carried unanimously. Upon motion of Councilman Holland, seconded by Councilman Jacobs,and unanimously carried, diagonal parking was approved on the east sideof N. E. 1st Ave., and the south side of N. E. 1st Street, at the new Post Office Building, for a trial period. The meetin~ then adjourned. (Signed) Ruth R. Smith City Clerk. APPROVED: Mayor