10-29-46 Recess
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OCTOBER 29th, 1946
A recess session of the City Council was held at 7:30 P.M. in the City
Manager's office, with Mayor M. M. DeWitt in the Chair, City Manager H.P.
Edmond, City Attorney J. W. Nowlin, and the following Councilman present:
B.C. Butler, F.B. McNeece, J.B. Smith and C.J. White, a quorum being present.
City Manager Edmond presented a proposed plat of a Resubdivision of
Lots 1 to 4 and 9 to 12, inclusive, Block 27, for which the tentative approval
of the Council had b~en requested before filing of the final plat. The only
change being made was in the size of the lots which were being changed to
50' x 135' lots, which is in accordance with our building code requirements,
therefore Council approved this tentative plat.
The following communication from the Zoning Commission was presented and
same was read in full:
"Delray Beach, Fla. Oct. 17, 1946..
To the Honorable Mayor and Council of
Delray Beach, Fla.
Gentlemen:
A special meeting of the Zoning Commission was held at the City Hall
this afternoon for the purpose of considering the application of A. George &
Son for a special permit covering proposed alterations of their store front
on Atlantic Ave. at Fourth Avenue.
While in session the Commission also reviewed past recommendations on
c.ertain zoning changes under consideration by the Council and reached the
conclusions stated below.
A.GEORGE & SONS SPECIAL PERMIT
While the improvement planned by the property owner does not, because
of structural limitations entirely meet with setback requirements for new
structures, it is a definite step in the right direction. For this reason,
and because the alteration will allow a wider range of vision at this con-
gested corner, thereby improving traffic conditions, the Zoning Commission
recommends that Special Permit be granted.
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W~ of NWi of NW~ of swi of Sec. 17
Since it is the aim of the Zoning Commission at all times to protect
the western approach to the city via Atlantic Ave. from a mushroom growth
of unwanted structures, and since it feels that present zoning requirements
are a protection against such growth, it does not recommend any change of
zoning on property abutting Atlantic Avenue. It understands the Council
has considered removal of all zoning restrictions from the area south of
Atlantic Avenue property west of Southwest Fifth Avenue, and favors such a
move.
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October 29th, 1946
Block 1. Ocean Park Sub-Division
In its recommendation for restricting ocean front property south of
Atlantic Avenue to Hotel and Apartment structures, the Zoning Commission
failed to take into consideration that the lots in Block One, Ocean Park
Sub-Division facing Ocean Boulevard are hardly of sufficient size to .
accomodate hotel or apartment buildings. For this reason and because of
prubable need of additional commercial structures near the swimming pool
and bathing beach, the Zoning Commission wishes to amend its recommendation
for the establishment of a Hotel and Apartment Zone on the ocean front so
as to exclude Lots One to Seven, inclusive, in Block One of Ocean Park Sub-
Division, and to recommend that the property thus excluded be zoned for
limited business, as defined in Ordinance No. 585.
Present at the meeting, all of whom approved these recommendations,
were H. M. O'Neal, L. T. Greist, J. A. Thayer and the chairman. Also
present were City Manager Edmonds and Building Inspector Adams.
Yours very truly,
(Signed) C.W. GARNER
Chairman, Zoning Commission."
"Delray Beach, Fla., Oct. 17, 1946
To the Honorable Mayor and Council of
Delray Beach, Fla.
Gentlemen:
At a special meeting of the Zoning Commission held at the city hall
today Mr. Edmonds, City Manager, brought up the matter of allowing public
parking lots in Hotel and Apartment areas, pointing out that while the
Hotel-Apartment ordinance requires certain parking space, this provision
can only be applied to new construction, and that certain existing hotels
and apartments are without adequate parking areas.
Mr. Edmonds asked for an expression from the Zoning Commission as to
its opinion of the advisability of allowing public parking lots in hotel
and apartment areas. The Zoning Commission saw no objection to such parking
lots in the area specified provided their operation was kept under City
control and not turned over to private interests.
Yours very truly,
(Signed) C.W. GARNER
Chairman."
In view of the foregoing recommendation of the Zoning Commission a motion
was made by Councilman McNeece, seconded by Councilman Smith, that a Special
Permit be granted A. George & Son for the remodeling of their store front,
according to their plans.
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October 29th, 1946
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A motion was then made by Councilman Smith, seconded by Councilman
McNeece, and unanimously carried, that the recommendation of the Zoning
Commission be accepted, as to excluding Lots 1 to 7, inclusive, in Block
1 of Ocean Park Subdivision, from the ordinance ,which would change this
area to a Hotel and' Apartment District. Upon call of roll the motion
carried unanimously.
Final decision on the parking lot being contemplated by the City to be
operated on City owned property just north of the Sea Crest Hotel on Ocean
Boulevard, was deferred until a later meeting.
The Clerk presented petitions filed by the following candidates for
Councilmen, all of whom had paid the required fee and filed deeds to property
owned by them, as required by the City Charter:
For Two Year Term
For One Year Term
(Unexpired term of C.W. HIll)
J.M. Cromer
M.M. DeWitt
W.A. Jacobs
C.J. White
J.B. Smith
W.O. Winn
The City Attorney checked the qualifications of the candidates, which he
found to be in order, whereupon a motion was made by Councilman White, Seconded
by Councilman Butler, that all candidates be declared qualified and that their
names be placed on the official ballot. Upon call of roll the motion carried
unanimously.
City Attorney Nowlin stated that Section 133 of the City Charter provides
that "It shall be unlawful for any person connected with the City Government
to solicit votes or support for the nomination or election of any candidate
for Councilman", contending that Mr. W.O. Winn, City Auditor, is connected with
the City Government, and should not be permitted to solicit votes in his own
behalf and continue in his office as City Auditor.
Mr. Winn stated that he was employed under a retainer contract and was
not considered a City employee or a part of the City Government.
The opinion of the Council was that Mr. Winn was a part of the City
Government, and he could not be a candidate for Councilman without soliciting
votes in his own behalf at least, and in so doing he would be violating the
City Charter.
When questioned as to whether or not he intended to continue as City
Auditor, Mr. Winn replied that he intended to continue and finish the audit
report which he had agreed to do, but that he would not expect to continue as
City Auditor if he were elected.
No action was taken.
The 1946 Tax Rolls, as prepared by Mr.
were approved and accepted in a motion made
Councilman White, and unanimously carried.
A. L. Greenwood, Tax Assessor,
by Councilman Butler, seconded by
Council then
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City Clerk