08-23-48JointMtg AUGUST 23RD,
A joint meeting of the City Council and the Zoning Board was held in the
Council Chambers at 2 ~. ~. with Mayor L. H. Brannon in the Chair, and City
Attorney John Moore, City Manager Charles E. Black~ and the following Council-
men present: M. M. DeWitt and John N. Kabler; and Ker~eth Jacobson, John K.
MacS~ab and R. Bruce Puckett, aquorum of the Zoning Board present.
The following Notice of Public Hearing to be held at this time was read
as follows:
"CITY OF DELRAY BEACH
De]ray Beach, Florida
August 16, 19&8
You are hereby notified that a request has been received for rezoning
Ocean Beach Lot 16, at the corner of Atlantic Avenue and Ocean Boulevard,
from Hotel and Apartment to Special Business.
A Public Hearing on the above rezoning will be held in the Council Room,
City Hall, Delray Beach, Florida, at 2: P. ~., ~onday, August 23, 19&8.
Yours truly,
(Signed) Chas. E. Black
CEB: AD CITY MA?~GER"
The request filed by Nr. Fred B. Scott, that the zoning of the Seacrest
Hotel Garage be changed to allow him to use the building for business purDoses,
was read as follows:
"August ~, 19~8
The Hon. )~ay~r, and
Members of the City Council,
City Hall,
Delray Beach, Florida
Gentlemen:
At a previous council meeting, there was a little discussion in which I asked
a member of the Beach Taxpayers League and a delegation from the Council, to
meet with me to see if we could not iron out our differences, and avoid undue
publicity. This request was ignored.
As you gentlemen know, the Seacrest Garage is located on property zoned as
apartment house zone. I do not know who is responsible for this, but it is
possible that while I was in the Services thi s was changed.
You gentlemen are to be complimented on your taxing ability. During the oast
two years, the. garage building and land have been more than doubled in assessed
value. Inasmuch as I do not receive any inc~me from this building, I requested,
as I have before, that you rezone this property for business, as I believe th~
surrounding property is zoned.
AUGUST 23RD,
Early last season, I appeared before the City Council, ~and ~asked that the liquor
zoning be modified, or stretched a few feet, to include the Seacrest Garage, as
the facilities in the Seacrest Cocktail Lounge are not adequate to accommodate a
cocktail party of over twenty-five. Somewhere along the line, my original request
for zoning of beach lot number 16, was stretched all the way to the canal, and
318 feet north and south of Atlantic Ave_~lue. I do not know who was responsible
for this error that caused all the good peoole of our fair city to complain, but
I heartily agree that you stretched the zoning a little to far.
I would like to repeat my original request that the liquor zoning be changed to
include the Seacrest Garage, which is located on beach lot number 16. Your
present zoning includes the east portion of this lot, but does not include the
garage. I believe that the Seacrest guest should be entitled to have a nice,
modern cocktail lounge, large enough to accommodate a oarty of thirty or more,
and not have to wait for reservations at so~- of the other lounges.
Re spe ctfully yours,
(Signed) Fred B. Scott
CC: Delray Beach News FRED B. SCOTT"
Four objections were received to ghe rezoning of Ocean Beach Lot 16, which
were considered by the Zoning Board, as follows:
"Telegram
}~Liddlet own, Conn
August 23, 19&8
City Council ~
City Hall
Delray Beach, Fla.
As property owner of adjoining beach lot.. I am opposed to any rezoning of
Beach Lot 16.
L. A. Wagner."
"Telegram
Setauket, N. Y.
August 23, 19&8
City of Delray Beach
Attn: C. E. Black~ City Manager
I wish to register my protest against the rezoning of Ocean Beach Lot 16 for
special business at the Public Hearing~ City Hall Delr~y Beach, Two P.
~onday August 23rd, 19~8.
Abby A. Adams"
Telegram
College Point, N. Y.
Au~qust 21, 19~8
C. E. Black, City Nanager
I am opposed rezoning Lot Number 16.
Sophie Doyle"
AUGUST 23RD, 19&8
"Dorothea E. Galvin
Reg. Real Estate Broker
18 North Ocean Bo~ulevard
Delray Beach, Florida
August 19, 19&8
City of Delray Beach
Delray Beach, Florida
Attention of Mr. C. E. Black, City Manager
Dear Sir:
I received notification from the City, dated August 16, 19Ad, that a public
hearing on the rezoning of Ocean Beach Lot No. 16 from hotel and apartment house
to special business will be held in the Council Room, City Hall, Delray Beach
at 2:00 P. M. Monday, August 23, 19&8.
I wish to strenoasly o~opose the rezoning of ALL of Ocean Beach Lot No. 16 to
special business. If this WHOLE lot is rezoned it will throw Ocean Boulevard
open to stores. In all fairness to the property that is on Atlantic Avenue
could understand a request for rezoning to special business on the west 200
feet of Ocean Beach Lot No. 16 and running north to a depth of 100 or 125 feet.
To my mind, and the minds of many other citizens of the whole town of Delray
Beach, our object is to keep the beach front non-commercial. By "non-commercial"
I mean stores and the display of merchandise on Ocean Boulevard.
I also wish to strenously oppose any change in the present liquor ordinance
east of the Canal. Delray Beach is a community of homes.
Yours very truly,
DEG:h (Signed) Dorothea E. Calvin"
Mr. M. F. Riley, Jr., owner of Lots 1, 2 and 22, Block 2, Ocean Park, on
the south side of Atlantic Avenue opposite the Seacrest Hotel Garage, agreed
that the property should be zoned for business, but protested the rezoning of
all of Lot 16, stating that this property would then be zoned for business a
depth of 157' north of Atlantic Avenue; whereas his property directly across
the street was only zoned fo~ business a depth of 101'. He stated that an
emergency meeting of the Zoning Board should not have been called by the Council
to consider this request, but that action should have been deferred mntil' a
regular session of the Zoning Board was held after December 1st, when interested
property owners in this wicinity wo~ld be back in the City.
Miss Dorothea Galvin also complained that surrounding property owners who
are out of the City were not given a sufficient length of time to register their
protests against the rezoning of all of Lot 16 which would allow commercial
stores to be established on Ocean Boulevard ....
Mr. Dan Dankert, representing Mr. Scott, then explained that they had not
intended to request the rezoning of all of Lot 16, but only the west portion
which would allow them to use the Seacrest Hotel Garage for business purposes.
AUGUST 23RD, 19;,8
After consideration by the Zoning Board, their recommendation was made to
the Council that the South 150' of the West 200' of Ocean Beach Lot 16, be re-
zoned as a Limited Business District.
Upon motion of Councilman DeWitt, seconded by Councilman ~abler, unanimously
carried, the recommendation of the Zoning Board was accepted, and the City Attorney
was instructed to predate an amendment to the Zoning Ord{nance to effect this
change in zoning regulations.
In a motion by Councilman DeWitt, seconded by Councilman Kabler, a temoorary
permit w.~s granted the American Legion Post to build a building aporoximately
8' x 10' on Lots lA and 15, Block 106, with a set-back of at least 20', to be
used by the American Legion and the Chamber of Commerce as an information booth
during the American Legion Convention to be held in Miami in October. A paved
parking area will be provided on the north, west and south sides, with a land-
scaped area bock of the building.
A request for a Special Permit to remodel and enlarge the building located
on the East 24.1' of Lot 2, Block 92, without setting the front of the building
back 5' as required by the Zoning Ordinance, was filed by Nfs. Irene Moore, and
read as follows:
"Delray Beach, Florida
August 23, 19~8
City Council
City of Delray Beach
Florida
Gentlemen:
I have plans for remodeling and enlarging my building located on East Atlantic
Avenue of this city, and I hereby petition and request thst I be allowed to deviate
from the zoning code of the City of Delray Beach, Florida, as the same pertains
to ground yard front setbacks.
Very truly yours,
(Signed) Irene Uoore,
By John ~oore
~rs. Irene Moore
City Attorney Noore, representing ~rs. Irene ~oore, his ~other, stated that
an emergency Ordinance was passed in 1947 to allow other business buildings on
Atlantic Avenue to be remodeled without setting back the required 5', and thst
considered it unfair to penalize the owner of this building by requiring this~
front building set-back.
Nayor Brannon suggested that that part of the requirements concerning existing
structures be eliminated, and thet the Ord~_nance be applicable to new structures
only to avoid penalizing ~ny one person.
Uoon motion of Councilman Kabler, seconded by Cou~ncilman DeWitt, unanimously
carried, the request was declared an emergency matter, and referred to the Zoning
Board for consideration and recommendation back to the Council.
AUGUST 25RD,
Councilman DeWitt was in favor of holding the set-back requirements on
new construction, but allowing existing structures to be remodeled, and improved,
and recommended th'~t the Ordinance be changed to make these provisions. Nr.
DeWitt felt that Atlantic Avenue would eventually become a one way street rather
than be widened by condenming building now existing, and that the City would be
benefited more by allowing present structures to be improved and modernized. He
asked that the Zoning Board be given an opportun-'.._ty to study the amending of the
Ordinance, as it will be amended.
After consideration and discussion by the Zoning Board as to the extent of
alterations which should be allowed to be made to a building, if any, v~thout
requiring this 5' front set-back, their reco~endation was made to the Council
that a Special Permit be granted to ~.~. Irene Moore to remodel her store building
without setting the front Oack as required.
A meeting of the Zoning Board was scheduled to be held on Thursday afternoon
to consider further the extent of alterations which should be allowed to be made
to an existing building without requiring compliance with the Zoning Ordinance.
Upon motion of Councilman Kabler, seconded by Councilman DeWitt, unanimously
carried, the recommendation of the Zoning Board th~ t a Special Per,nit be granted
to Mrs. Irene Moore as requested, was accepted by the Council.
6ity Manager Black then advised the Council that he felt that the intent
of th8 Zoning Board was not carried out with regard to the request of J. T. _l~c
Nurrian for a Special Permit to build a store building on a 25' lot adjoining a
store being constructed by M. N. ~cMurrian with lO~' ceilings after obtaining
a Special Permit from the City Council. An amendment to the Zoning Ordinance
was recommended by the Zoning Board, but no action was taken on the granting of
a Soecial Permit. Mr. Black felt that since one man had been allowed to deviate
from the zoning regulations, it would be only fair to grant the same privilege
to the man bmflding on the adjoining lot.
A motion was then made by Councilman Kabler, seconded by Councilman DeWitt
that a Special Permit be granted to J. T. Nc~urrian, as requested, and uoon call
of roll the motion carried unanimously.
The Council then adjourned to the next regular meeting to be held at 7:30
P. ~. on Tuesday, August 2~th.
(Signed) RU_TH R. SNITH City Clerk