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11-07-50SpMtg11/7/50 NOVEMBER 7TH, 1950. A Special Meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 7:30 p.m. with Mayor John N.Kabler in the Chair, and City Attorney John Moore, City Manager Charles E. Black, and the following Councilmen present: R.J.Holland, W.A.Jacobs, and ~'Yalter A.Roth, a quorum being present. Mr. Jay R.Shattuck, operator of the Beach Shack, appeared before the Council requesting a building permit to remodel this building on the existing foundation, without complying with front set-back requirements. City Attorney Moore advised that the request must be referred to the Zoning Board for consideration of a Special Permit, as the front property line has been moved since this building was const- ructed, due to the 1967 hurricane. A Resolution signed by Mrs. Edith Slane, o~mer of the property, accepting the new front proper- ty line as established by Geo. S.Brockway, was referred to, it having been understood that when this new line ~as accepted by prop- erty owners, zoning and building lines would be adhered to from this line. Attorney C.Y.Byrd, representing ~s. Slane, addressed the Council stating that at the time this Resolution was signed, deeding the land east of the new Brocl~ay line to the City, an agreement had been made with ~s. Slane that she would be allowed to build up to the pro- perty line and that was the only reason she had signed the agreement. However, Mr. Byrd had no ~itten agreement to this effect~ nothing had been noted on the Resolution, or noted in the minutes, if such an agreement had been made. Mr. Byrd further contended that if the Council was not willing to allow Mrs. Slane to build to the front property line, the deed she gave the City should be returned to her, and if an extra 10' set-back is needed, it should be condemned. Mrs. Grace S. Wier, daughter of Mrs. Slane, explained that they had given up business property fronting on 0cean Boulevard, to a depth of from 16' to l~', with the understanding that the property could be developed to the lot line on all four sides, and she felt that they were not asking for an exception~ only for a permit to remodel their building. A motion was then made by Councilman Roth that the above request be referred to the Zoning Board for consideration. The motion was seconded by Councilman Jacobs, and unanimously carried. Two applications for building permits, which were not on the agenda for this meeting, were brought up for approval by the Build- ing Inspector. Upon motion of Councilman Holland, seconded by Councilman Roth, and unanimously carried, the applications for building permits were placed on the agenda~ as follows: 1. Application of Abraham George to construct a store and office building on S.E.~th Avenue, in block 93, as a continuation of his existing building. 2. Application of William B. Taylor for permit to build a three-story store and office building on the W. 50' of the N. 138.61' of Block 133. Upon motion of Councilman Roth~ seconded by Councilman Holland~ and unanimously carried~ the request of Mr. George was referred to the Zoning Board for consideration~ as front set-back requirement would not be complied with according to his plans. Upon motion of Councilman Roth~ seconded by Councilman Holland~ and unanimously carried~ the application of William B. Taylor was approved~ subject to the approval of the Build- ing Inspector~ who stated that all set-back and building code requirements would be complied with. The following Resolution was then brought up by the City Attorney~ and same was read in full: RESOLUTION N0.779 A RESOLUTION OF THE CITY OF DELRAY BEACH~ FLORIDA~ con- senting to the continuance of encroachment of building over a sidewalk at the northwest corner of N.E.Second Avenue and Atlantic Avenue. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH~ FLORIDA: Section 1. It has been made to appear to the City Council that the building located on the northwest corner of N.E.Second Avenue and Atlantic Avenue encroaches slightly on the public sidewalk on the west side of N.E.Second Avenue and on the north side of Atlantic Avenue~ said encroachment appears on a survey of the East 11 feet of Lot 17 and all of Lot 18~ Block 76~ Delray Beach (formerly Linton) Florida~ prepared by George S. Brockway~ Engineer and Surveyor~ West Palm Beach~ Florida~ in October 1950 (Job No. 50-895). A white print of said survey has been this day presented to the Council~ initialed by its Clerk to be filed among the records of the City of Delray Beach~ Florida. SECTION 2. The City Council hereby agrees that said en- croachment may continue so long as said buildings exists in its present location and until the removal thereof~ or a substantial alteration therein along its east side~ or any alteration of a bearing wall in said building~ in which event the building shall be confined within the lot line~ and shall conform to the zoning and building set-back requirements then in effect. PASSED A~ ADOPTED this ?th Day of November~ 19~0. (~gned) John N.Kable~ ATTEST: Mayor ._(SiEn~d) Ruth R.Smith_ City Clerk (SEAL) A motion was made by Councilman Roth~ seconded by Council- man Holland~ that the foregoing Resolution No.779 be passed and adopted as read. Upon call of roll the motion carried unanimously. City Attorney Moore advised the Council that six candidates~ Robert Fleming~ YYilena E. Hurst~ 0.D.Priest~ Jr.~ Walter A.Roth~ Jack L. Saunders~ and Henry A. Snider, had filed petitions for the Primary Election to be held on November 21st~ that all had signed oaths~ and complied with requirements of the City Charter~ but under the new City Charter these candidates must be certified at the next regular meeting of the Council. He suggested that the Council approve these candidates at this meeting and again at the regular meeting to be held On November 14th. Upon motion of Councilman Holland~ seconded by Councilman Jacobs, and unanimously carried, the foregoing candidates for the Primary Election to be held on November 21st~ 19~0 were tent- atively certified. The following Election Board~ to serve at the Primary Election, was also tentatively approved upon motion of Councilman Roth~ second- ed by Councilman Jacobs, and unanimously carried~ this Board to be officially apt~roved on November 14th - King S. Cone ............. Clerk Mrs. Ellen Larey- Inspector Miriam Brown -- " ~Cecil Farrar--- " L.F.Ranson " J.J.Johnson " Mamie M. Deaderick ....... " The meeting then adjourned. ( Signed ) Ruth R, Smith City Clerk