05-07-91SpMtg MAY 7, 1991
A Special Meeting of the City Commission of the City of Delray
Beach, Florida, was called to order by Mayor Thomas E. Lynch in the
Commission Chambers at City Hall at 6:03 P.M., Tuesday, May 7, 1991.
Roll call showed:
Present - Commissioner Jay Alperin
Commissioner William Andrews
Commissioner Armand Mouw
Commissioner David Randolph
Mayor Thomas E. Lynch
Absent - None
Also present were - City Manager David T. Harden and
Assistant City Attorney Susan Ruby
Mayor Lynch called the meeting to order and announced this
meeting has been called for the purpose of considering the following:
1. Request for an Appeal of a Planning and. Zoning Board Determina-
tion. The Commission is to consider a request for an Appeal of a
Planning and Zoning Board Determination of Similarity of Use to allow a
commercial boat dock as a conditional use in the Central Business Zoning
District (CBD).
Dominic DePonte, the applicant making the appeal, stated the
allegation being presented tonight is that the Director gave the Plan-
ning and Zoning Commission improper guidance. He presented the key
items as follows:
~arking Requirements
Mr. Deponte stated if proof of inadequacy of the parking is
needed, the traffic study indicated that, for that particular type of
use, it would take one and one-half parking spaces for each seat on the
cruise boat. He feels the P&Z Board was not given proper direction
regarding the interpretation of the Code to allow them to make a deci-
sion.
Similarity of Use
Mr. DePonte stated, with respect to the commercial activity, he
feels the Planning Director made an improper interpretation, because the
entire section was not taken into account. He feels Commercial Boat
Landing and/or Sales has nothing to do with restaurants and food. The
Statute actually states "similar characteristics" as opposed to "similar
use" .
David Kovacs, Planning Director, responded that, if there was
no linkage between the cruise boat and food, he is unaware why restaur-
ant parking requirements were used by Digby Brid~es, a member of the P&Z
Board, as a basis. The P&Z Board made a decision based on his recom-
mendation that it was similar to other types of uses allowable in the
downtown area and should be considered as a conditional use.
A question and answer period followed between Mr. DePonte and
Mr. Kovacs.
Mr. DePonte, in summation, commented that he could not believe
anyone could allow the stretching of interpretation that has been
present this evening. There can be no way the Code contemplated the
interpretation of this in the manner in which the Director did. He
stated it requires more than just 'similar', but many characteristics,
in a Similarity of Use case and, in his opinion, that has not been
established here.
Upon question by Mr. Mouw, Mr. Kovacs stated the "Similarity of
Use" appeared before the P&Z Board only one time.
Upon a request for guidance from legal counsel, Assistant City
Attorney Ruby stated Mr. DePonte's argument is that he does not feel
this use is similar either to a restaurant or a commercial entertainment
facility. As Commissioners, the arguments of Mr. DePonte and those of
Mr. Kovacs, on behalf of the P&Z Board, can be reviewed by them, along
with the Code, thereby, making their own determination as to whether
this boat operation is "Similar" Mr. Mouw questioned if the City
Attorney could sustain an override of his appeal in Court. Assistant
City Attorney Ruby advised an upholding of the Planning and Zoning Board
appeal could be sustained in Court, based on the testimony that Mr.
Kovacs presented today.
Discussion by the Commission followed.
Mr. Andrews moved that the P&Z Board established a Similarity
of Use and to approve the upholding of the P&Z decision, seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Mr. Mouw -
Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor
Lynch - Yes. Said motion passed with a 5 to 0 vote.
2. Ratification of Appointments of Nominees. The Commission is to
consider ratification of appointments of nominees from the Ministerial
Association and Plumosa Elementary School to the Kids and Cops Commit-
tee.
Dr. Alperin left the Commission Chambers at this time.
Mayor Lynch advised two names have been submitted to the
Commission; Reverend Johnson of the Mt. Olive Baptist Church has agreed
to serve from the Ministerial Group and Clyde Harris, a teacher from
Plumosa Elementary School.
Mr. Andrews moved for the ratification of the two nominees,
seconded by Mr.. Randolph. Upon roll call the Commission voted as
follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Mr.
Mouw - Yes. Said motion passed with a 4 to 0 vote.
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Mayor Lynch declared the meeting adjourned at 7:00 P.M.
' /- Cit~ Clerk
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach
and that the information provided herein is the minutes of the meeting
of said City Commission of May 7, 1991, which minutes were formally
approved and adopted by the City Commission on ~l/ /~! /~/ ·
- - ~ City Clerk ;
NOTE TO READER:
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes of City
Commission. They will become the official minutes only after they have
been reviewed and approved which may involve some amendments, additions,
or deletions to the minutes as set forth above.
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