12-14-50SpMtg DECEI',~BR l~thr 19~0.
A Special Meeting of the City Council of the City of
Delray Beach was held in the City Hanager's office at ~:30
p.m. with Hayer John N.Kabler in the Chair~ and City Attor-
ney Jo_hn Moore~ City Nanager Charles E.Black~ and the foll-
owing Councilmen present: R.J.Hollandr W.A.Jacobsr Walter A.
Rothr and J.L.Saunders~ a quorum being present.
Mrs. Grace S. Weir~ representing her motherr Mrs. [~dith
G. Slane~ and her Attorney~ C.Y.Byrd~ were present~ to ex-
plain to the Council their version of an agreement they claim
was made by a former Council with reference to permission to
buil~ to the property line on all sides of Lots 2 and 3r Block
1~ Ocean Park~ when the property ~ast of the new Brockway line
was deeded to the City by ~rs. Slane~ the o~.mer.
Although there was no record of such an agreement in the
City files~ Hr. Byrd's records did show that such a concession
was requested by Mrs. S!ane before she agreed to accept the
Brockway line as it af2ected her property~ and that a former
City Coumcil had granted her request. She had then signed the
resolution deeding all property east of this line to the City
for street and sidewalk purposes.
Mayor Kabler recalled that work was stopped on the const-
ruction of a sidewalk east of th.e Beach Shack~ located on this
propertyr until an agreement was worked out with the o~mer.
City Attorney ~!oore stated that a reasonable set-back will
be upheld by the Court.
Mr. Byrd replied that a reasonable set-back in one case
may not be reasonable in anot~er~ and when set-backs are requ-
ired on property worth ~$400.00 a front footr as in this caser
he believed the Court would consider it unreasonable. He
further stated that his file could be introduced as evidence
in a case~ ~Anless the City can show evidence that an agreement
was not entered into.
After 2urther consideration~ it was the consensus of op-
inion of the Council that ~.lrs. Slane was given some considera-
tion by a previous Council before she accepted the Broc]~zay
line as her east property liner and a motion was made by Cotm-
cilman Holland that the request of Nrs. Slane for a special
permit to remodel and extend the Beach Shack be grantedr in
view of the fact that at the time she deeded a portion of her
property to the City by Resolution No.6~O~ dated December ~thr
19~?~ there was an expressed consideration that the Brockway
line would be, and serve asr the e2st building line o2 her pro-
perty. The motion was seconded by Councilman Saunders~ and upon
call of roll carried unanimously.
The meeting then adjourned.
Ruth R.. Smith
City Clerk.