09-03-91SpMtg SEPTEMBER 3, 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 6:00 P.M., Tuesday, September 3,
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 City Attorney Jeffrey S. Kurtz
Mayor Lynch called the meeting to order and announced that this
meeting has been called for the purpose of considering the following:
1. Waiver of Development St.andards Re~ardin~ Back-Out Parking and
Perimeter Landscaping for Improvements Proposed at Veterans Park.
The City Attorney stated there are three letters from Ms.
Stokes on this issue. One of them was regarding the requisite standards
for granting the waiver. It was her contention that 2.4.7(B) (2) of the
LDRs sets forth certain criteria for the granting of this type of
waiver. It is his opinion that 2.4.7(B) (2) is not applicable, as it is
only available where there is no other avenue of relief. Unfortunately,
the same conclusion must be reached with respect to the ability to waive
this particular ordinance pursuant to Section 30.15 of the Code of
Ordinances. He explained, if a situation should occur where a variance
is available through the Board of Adjustment, the other two provisions
of the ordinances are inapplicable. Therefore, he feels the waiver for
these development standards is not properly before the Commission
tonight. However, the basic question before the Commission is, shall
backout parking remain in the configuration that has been discussed. He
concurs with Mr. Kovacs, Planning Director, that the property can be
replatted and the proposed parking spots placed into the right-of-way.
The basic issue consists of replatting to extend 'the right-of-way on
N.E. 1st Street so these particular parcels will not be on City prop-
erty, but rather on the right-of-way. The waiver would not be an
effective method to accomplish this; however, a replat would be a
technical solution to arrive at the same point as would be accomplished
by a waiver.
Mr. Kovacs commented that a technical way to do this would be
to ask the Commission (as the property owner plus project applicant), if
backout parking is still something they would like to pursue on that
section of 1st Street and, if so, the architect should be so directed.
If this is not what is wanted, then it will be designed accordingly.
Mr. Mouw expressed concern regarding what appears to be the
use, by private owners, of the public right-of-way on the north side of
N.E. let Street, for the people who live in those apartments.
Discussion followed regarding the parking and whether or not it
is critical to the park.
The Commission concurred in reserving the space, designing
everything around it and using it when the need is demonstrated.
The Commission concurred to go with the proposal as is, with
the parking on let Street to be held in reserve until such time that the
need is determined, at which time the matter will be brought back to the
Commission for review and direction to install if deemed to be approp-
riate.
The Commission further concurred to direct staff to check into
the legal situation with respect to the right-of-way on let Street
(i.e., private use of public right-of-way), and work toward underground
utility lines in the park.
2. Accept a Settlement Offer in the Amount of $4,000 to Settle the
Wagner vs the City of Delray Beach Case.
Mr. Mouw moved for approval of the settlement offer, seconded
by Dr. Alperin. Upon roll call the Commission voted as follows: Dr.
Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes;
Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote.
Mayor Lynch declared the meeting adjourned at 7:40 P.M.
J Ci~y~lerk - '
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 September 3, 1991, which_minutes were formal-
ly approved and adopted by the City Commission on ~~r~X~ /O. /~/ ·
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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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