03-12-63SpMtg MARCH 12, -1963.
A special"meeting was held~in the Council Chambers at 7:30 P.M.,
with Vice-Mayor A1 C. Avery in the Chair, C~ty Attorney John Ross
Adams and Councilmen ~mory J. Barrow, George Talbot, Jr., and Oliver
W. v~odard, Jr., being present.
An opening prayer was delive=ed by Vice-Mayor Avery who then
called the meeting to order stating that same had been called
pursuant to Section 20 of the. City Charter of the City of Delray
Beach, for the purpose of clarification of Council action on March
11~h, 1963 relative to moratorium on construction in R-3 zone
{Multiple Family Dwelling District), and for any other business
which may come before the meeting.
Mr. Talbot asked City Clerk.WOrthing to read the motion from
regular Council meeting of March 11th, 1963 affecting the mora~ori-,
%u~ on building permits.
City Clerk Worthing read as follows: "Mayor Dietz: 'The Cha£r
will entertain a motion in that Ordinance No; G-468 stay the Build-
ing Inspector from issuing any pe~m~its for.a period of 45 days on
high-rise buildings.' Mr. Talbot: 'I so move.' Mr. Barrow: 'I'11
second the motion.'"
Vice-Mayor Avery asked City Attoxney Adams to inform the Council
as to just how legal or illegal such a motion is.
Attorney Adams, to give a background, quoted the following from
the Municipal Law Textbook. '-
''Zoning regulations do not constitute contracts between the
enactiJng authority and the public, thuswhile a property
owner may in s sensehave a vested right to the benefits of
zoning restrictions om to have a particular classification
continued, nevertheless, because zoning is an exercise of the
police power, he has no vested right to have the zoning
ordinance remain unaltered. A person is charged with the
knowledge of the zoning restrictions placed upon his property,
and thus he obtains no vested rights by a building permit.
"In certain instances, as where-the enactment of an ordinance
is pending, a Zoning Board may properly delay action on an
application but the delay must not be unreasonable.
"A municipality may not generally be estopped from revoking
permits unless vested rights have accrued. The doctrine of
estapo has been held not to apply in revocation of permits
even though municipal officials have issued a building
pe.~mit in violation of the zoning Ordinance."
Attorney Adams said that the question is whether a motion can
stay the execution of an Ordinance.
Following general discussion as to the intent of Council action
on Monday, March llth, 1963 relative to a moratorium on considering
any appl'ications for building construction in R-3 (Multiple Family
Dwelling District) zone involving "High-Rise" buildings as provided
by Council on the following motion, duly made, seconded, and favor-
ably acted upon by a three to two vote: "That Ordinance No. G-468
stay the Building Inspector from issuing any permits for a period
of 45 days on High-Rise buildings", Mr. Talbot moved that, for
clarification purposes, the above referred to motion be amended by
adding thereto---"said moratorium dges not prohibit the Building
3-12-63
Official from accepting applications for construction permits in
R-3 zoned areas, and granting same when being in compliance with
the provisions'of SeCtion 29 (Zoning) of the City's Code Of Ordi-
nances as in effect prior to November 26th, 1962". The motion was
seconded by Mr. Barrow and carried unanimously.
Mr. APery reminded the coUncil 'that the Preliminary Plat of
Sudan Subdivision had been approved subject to the inclusion of
sewers, and informed them that he had discussed this subject ~ith
Mr. David B. Lee and Mr. Joseph ~lvarez of the State and County.
Boards of Health, respectively, and it had been suggested that
said condition of aPProva! be amended from "the installation of
sewers" to "subjeCt to the approval of the County and State Board
of Health, and conditioned upon the under, standing that all parcels
and lots within the subdivision will be subject to connecting onto
the City's Sanitary Sewer System at such time as the sewer Collec-
tion System becomes available to !'Sudan" Subdivision, and, further
subject to 'the provi~ions as set forth and contained in ResolUtion
No. 1359 which established the initial schedule of rates and charges
for such service, that the County and State will then put their
regulations on said Subdivision and the city will not have placed
unfair obstructions in the way of developers",i't being so moved by
Mr. Talbot. The motion was seconded by Mr. Woodard and unanimously
Carried.
Mr. Woodard announced that the State Board of Health had approved
the City of Delray...Beach Sanitary Sewer Pla~s today.
Mr. Avery asked that the City~ Manager wri~te ~ letter-of thanks
to the State Board of Health for handling this in the manner that
they did.
The meeting adjourned at 8:10 P.M. on motion by, Mr. Woodard.
APPROVED~ ..
MAYOR
-~- 3-12-63