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08-12-48JointMtg AUGUST 12TH, 19~8 A joint meeting of the City Council of the City of Delray Beach, and the Zoning Board, was held in the Council Chambers at 2 o' clock with Mayor L. H. Brannon in the Chair, and City Attorney John Moore, City Manager Charles E. Black, and the following Councilmen present, M. M. DeWitt, John N. Kabler and Neil E. MacMillan; and Kenneth Jacobson, John K. MacNab and R. Bruce Puckett, members of the Zoning Board present. A letter from the City Manager, addressed to the Zoning Board, was read a~ follows: ,August 11, 19&8 King S. Cone Chairman Delray Beach Zoning Board Delray Beach, Florida Dear Mr. Cone: The. City Council, in regular session on Tuesday, August 10th., referred the follmving request to the Zoning Board for consideration: 1. Request by the Florida Power & Light Company to erect a Butler steel warehouse on their property at S. E. 10th Street and the Florida East Coast Railway. Plans and specifications for the type of building under consideration are in the City Manager's office. 2. Mr. J. T. McMurrian request a Special Perit to erect a store building o~ West Atlantic Avenue to comply with all requirements, with the exception of ceiling height. He desires to build with 10'-6" ceiling instead of the required 12'. 3. Mr. Fred Scott has requested that rezoning to business be made of the property upon which the Seacrest Hotel Garage is located. You will be unable t~ take final action on the third item, due to the requirements cf Notice to surrounding property owners, but you may wish to discuss this request and decide whether such Notices should be issued. Yours very truly, (Signed) Chas. E. Black CEB: AD City Manager" City Manager Black announced that u~oon further checking of City Ordinances he had found that the construction of metal buildings, such as the Florida Power & Light Co. had asked permission to build, is allowed in an Industrial or Manufacturing District, therefore permit had been issued and this request needed no consideration by the Zoning Board. The request of J. T. McMurrtan for a Special Permit to construct a store building on West Atlantic Avenue, in a Special Business District, with lO½' ceilings instead of 12' ceilings as required, was then considered by the Board. AUGUST 12TH, 19~8 Mr. Jacobson, Acting Chairman of the Zoning Board, stated that he felt that the height of a ceiling is dependent upon the width of the room for proper vent- ilation, and that for a store room 25' wide the ceiling height of 12' should be kept; however, for a narrower store room the ceiling might be lowered without sacrificing good ventilation. City Manager Black explained that Mr. McMurrian' s reason for requesting a Special Permit was to be able to use the wall of the buildSn~g adjoining, which is under construction with lO½' ceilings, as a common wall with his building, in order to have a uniform front. Mr. MacNab felt that the Ordinance should be maintained to assure a good appearance of buildings on West Atlantic Avenue when the new Highway comes through. Mayor Brannon thought that the over-all height of all buildings should not be uniform, that building appearance would be improved with a variation in design, and suggested that this 12' ceiling requirement be changed, to conform with the requirements in a General Business zone. City Manager Black then recommended that the entire area be changed to a General Business zone, keeping the set-back lines as now established. The regulation of ceiling heights in a General Business zone was discussed, · Councilman Kabler disapproving, stating that no problem had ever come up in a General Business Zone, and it would prevent the removfng of partitions to provide a larger st~re space if the ceiling height did not comply with the Ordinance prbvisi6n, Councilman MacMillan contended that restrictions should not be higher on West Atlantic Avenue than in the center of the business district on East Atlantic Avenue, that in his opinion they should be the san~. Councilman DeWitt then explained that a Special Business District was created to enhance the value of property being developed, and he felt much had been gained through these restrictions on the Federal Highway. He urged the Zoning Board to keep these restrictions for future benefit of the Town, as we~las the owners of the property. After fu~ther consideration, a motion was made by Mr. Jacobson, seconded by Mr. Puckett, unanimously carried, that a recommendation be made to the City Council that the Zoning Ordinance be amended to provide that store rooms in business buildings in a Special Business District, with a width of 25' or more over all, must have a minimum ceiling height of 12', and that store rooms in business buildings under 25' in width over all, may be constructed with a minimum ceiling height of 102'. A motion was then made by Councilman DeWitt, seconded by Councilman Kab!er, that the recom~endation of the Zoning Board be accepted, and the City Attorney be instructed to prepare an amendment to the Zoning Ordinance as outlined. U~on call of roll the motion carried unanimously. A public hearing was scheduled to be held on Manday, August 23rd, at 2 o'clock, to consider a request filed by Mr. Fred B. Scott, for a change in the zoning of Lot 16, Ocean Beach Lots North, from a S~ecial Apartment and Hotel AUGUST 12TH, 19&8 District to a Business District, to allow him to use the Seacrest Hotel GaraEe for business purposes. Mr. Lee Monroe, a colored resident, again appeared before the Council, representing the Delray Beach Civic League, stating that they were not willing to have the police line between the white and colored sections of the City established through the alley between N. W. 2nd and 3rd Avenues, as recommended by the City Council, as the entire blocks are owned by colored people who will not sell their property. Mr. Carl S. Hall, negro applicant for a permit to build a home on Lot 9, Block &2, which faces on N. W. 2nd Avenue, addressed the Council, complaining that he had been denied a permit to build his home on this lot which he had owned for two years, and whf~ch he cla~ned is in a colored area. Mr. Hall also complained of the square footage requirement of 896 square feet in a Residence B. District. Mr. S. Eugene Burd, from the audience, advised the Council that he knew that colored people had owned this property since 190& or longer, and had paid taxes on it, stating that he did not believe the land could be taken away from %hem. After further consideration by the Zoning Board and the Council, a motion was made by Mr. Puckett that a recommendation be made by the Zoning Board that the colored line be relocated in the center of N. W. 2nd Avenue, f~om 1st Stree~ to &th Street, and that the City acquire la~d on the east side of N. W. 2nd Avenue, back to the alley, for park purposes; also that the dividing line in the southwest section be changed to excluSe Block &O from the colored district, and extend the colored section south on S. W. &th Avenue to the alley south of S. W. &th Street, then west to the City limits. Upon motion of Councilman Kabler, seconded by Councilman DeWitt, unanimously carried, the recommendation of the Zoning Board to relocate white and colored Police Districts in certain areas was accepted, and the City Attorney was in- structed to prepare an amendment to the present Ordinance to make these changes. A sketch of the relocated police lines is filed with the data concerning this meeting. It was understood and agreed that the property located between N. W. 1st and &th Streets on N. W. 2nd Avenue would remain as a Residence B zone, and requirements for this zone must be complied with. Mr. Edward J. Nitschke, a local Nurseryman, was present at the invitation of the Mayor, to discuss the landscaping of the ocean front. Mr. Nitschke recommended that planting of palm trees be delayed until after the storm season, as anything planted now would be blown over in a storm. He also advised that palm trees transplanted should be well established and nut growing in muc~ Councilman MacMillan urged that the work be done immediately, while the Nurserymen are not too busy, stating that any trees blowgun down in a storm could be straigntened up again. An Ordinance to amend the Occupational License Ordinance No. G-11, was presented for first reading, AUGUST 12TH, 19&8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A~NDING SECTION 31 OF ORDINANCE NO. G-11 OF THE CITY OF DELRAY BEACH PERTAINING TO THE CITY LICENSE FOR AUTOMO2ILES FOR HIRE Ah~ DRIVE-YOURSELF RE~ ~ AL SERVICE; AND FURTHER AMENDING SECTION 27Q OF ORDINANCE NO. G-il PROVIDING AN ADDITIONAL PENALTY FOR NON-COMPLIANCE WITH ~ME LICENSE ORDINANCE OF THE CITY OF DEIR~.Y BEACH, FLORIDA. A motion was made by Councilman DeWitt, seconded by Councilman Kabler, that the foregoing Ordinance be placed on first reading, and upon call of roll the motion carried unanimously. An Ordinance confirming assessment roll of S. W. 3rd Street Paving Improve- ment was brought up for first readying. AN ORDINANCE OF THE CITY COUNCIL OF ~ CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESS~ENTS AS SHOWN BY THE ASSEgS~ENT, ROLL SUB~{ITTED BY THE CITY ENGINEER OF SAID CITY, CONCERNING IMPROVE}~NT BY REPAYING S. w. THIRD STREET FROM SWINTON AVENUE TO S. W. FIFTH AVENUE. A motion was made by Councilman MacMillan, seconded by Councilman DeWitt, that the foregoing Ordinance be placed on first reading. Upon call of roll the motion carried unanimously. The Council then adjourned to the next regular meeting to be held at 7:30 P. M. on Tuesday, August 24th. (Signed) Ruth R. Smith City Clerk