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11-16-49SpMtg NOVEMBER 16TH, 1959. A Special Meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 6 p.m. to consider reco- mmendation of the Zoning Board with reference to request of Mr. E.B. Nichols to erect an awning at his car lot on the So. Federal Highway, with Mayor ~.L.Saunders in the Chair~ and City Manager Chas.E.Black~ and the following Councilmen present: L.H.Brannon, John N. Kabler~ Neil E. MacMillan and Walter A. Roth, a quorum being present. The recommendations of the Zoning Board were read as follows: 15 November 19~9. Honorable Mayor and Members of the City Council of the City of Delray Beach Gentlemen: Your Planning and Zoning Board met at 9:30 A.M., l~ November 19~9 with the following members present: King Cone, Kenneth Jacobson~ Bruce Puckett~ John McNab~ and Garland Thayer. The request of Mr. E.B.Nichols for a permit to erect an awning over his Rental Car Lot and Garage without complying with the set-back requirements was considered. Your Zoning Board recommends a denial of this permit based on 2 things: 1st that the garage in connection with the car lot is non-conforming use of property in a Limited Business Zoner 2nd the application involves a violation of the set-back ordinance. The Zoning Board recommends that the Building Code Committee be re- quested to draw up regulations clearly defining awning structure or what might be considered temporary structure that may be permitted within the required set-back limits. In view of many other similar requests your Zoning Board urges the Honorable City Council to submit the above to your Building Code Commit tee. Very truly yours ~ DELRAY BEACH PLANNING A~ ZONING BOARD iSigned) King C one Chairman. A Preliminary Report of the Building Code Committee regarding the construction and erection of awnings~ was then read as follows: November 16th, 19~9 cont. PRELIMINARY REPORT BUILDING CODE C0~IITTEE DELRAY BEACH~ FLORIDA Re: A~INGS Present: John Gregory, Fire Chief R.C.Keene, Electrical Contractor F.J.Schrader, Building Inspector R.F.Blake, Architect Ken Jacobson, Architect Absent: Fred Beever, Plumbing Contractor R.C.Lawson, Building Contractor The following is a preliminary report only for the adoption of a code regulating awnings. The final report will be made when the committee reconvene November 23rd after they have had more time to consider all the ramifications concerning awnings. 1. Awnings should be considered as a frame of incombustible material~ such as pipe with a fabric covering. 2. They should be controlled by the building department with a building permit for safety and fastening. 3. They should be considered as temporary construction with a possible yearly renewal of permits. They should be allowed within the limits of the set back areas for entrances to buildings, shades for store windows, and the public in general, etc. 5. Their supports or standards should not interfere with pedestrian or vehicular traffic. 6. They should not be enclosed and considered as a building, without a permit for a duration of time and use such as a tent. Considerable discussion was made concerning the possible fire hazard of too many awnings and too large an area. It was felt that a control for size and possible fire resistant material should be considered. (Signed) Kenneth Jacobson Chairman November 16th, 1959, cont. Mayor Saunders asked for objections from the audience to the erection of the awning itself~ whereupon several surrounding prop- erty owners complained of the nuisance caused by Mr. Nichols' bus- iness, such as bright lights at night, flags and banners flying, and especially of the operation of his paint shop~ which they claimed was operated as late as three o'clock in the morning~ preventing neighbors from sleeping and filling their homes and apartments with paint fumes and dust. They claimed the operation of such a business at this location was a health menace and a fire hazard, as well as a noise nuisance. They urged the Council to work with them in abating this nuisance. The objectors were informed that only the erection of the awning could be considered at this meeting~ but in a motion by Councilman MacMillan~ seconded by Councilman Kabler~ the City Manager and City Attorney were instructed to investigate these complaints~ and is such a nuisance exists~ take steps to abate it. Upon call of roll the motion carried unanimously. Complaints filed against the erection of the awning itself were based on illumination~ and noise of flags and banners flying at night. Mr. Nichols agreed that he would put no lights over the awning, and there would be no banners of any kind attached to the awning. A motion was then made by Councilman Kabler that the permit be granted in accordance with recommendations of the Building Code Comm- ittee~ and restricted against the installation of lights over the awning~ or the use of banners or flags on the awning~ on a temporary basis for one year. Councilman Roth objected to the violation of the set-back require- ment, stating the view of traffic on the Highway would be obstructed by the placing of cars within l' of his property line. It was explained that if the awning were not erected the cars would still be parked there~ and the awning did not obstruct the view as the lowest part would be at least 7' above the ground. The foregoing motion was seconded by Councilman Brannon~ and upon call o£ roll carried~ Councilmen Brannon, Kabler and MacMillan voting in f~vor of the motion~ and Councilman Roth and Saunders opposing. The meeting then adjourned. (Signed) Ruth ~,Smith City Clerk