Loading...
08-27-56 AUGUST 27th, 1956. A Regular Meeting of the City Commission was held in the CommissiOn C~hambers at 4700 P. M., with Mayor Mike Yargates in the Chair, City Manager W. ~. Lawson, Jr., City Attorney John H. Adams, and the follwoing Commissioners were present: Catherine E. Strong, W. J. Snow, Emory J. Barrow and Howard Lee Cromer, a full Commission being present. An opening prayer was given by Chaplain Hayes. Commissioner Strong moved for approval o£ the minutes of the August 13th meeting. Motion was seconded by Commissioner Snow and unanimously carried. There followed a general discussion relative to permitted uses to be authorized in connection with a city owned parcel of land just south of 10th Street and east of U. S. No. 1, which the Boating and Sportsmans Club is using for a boat ramp and parking area. Mr. Bill 14oehle and Sam Often Jr., of the Boating Club as well as Mr. Paul Ledridge of the Power Squadron, opposed any activity of a commercial nature in that immediate area by other interests, and in compliance with a request from Commissioner Snow agreed to pre- sent a plan of future development for said land reflecting the defi- nite plans of the Boating and Sportsmans Club, said plan to be com- pleted, together with sketch thereof, and available for the next regular meeting, in view of which, the Commission agreed to table this matter until the next regular meeting, scheduled for September 10th, at which time final decision, concerning the request of Mr. Morgan F. Koyen, will be made. The request of Mr. Edward O. Nobbe for Commission approval concerning proposed construction of a non-conforming use nature on part of Lot 32 - Ocean Beach Lots - was referred to the Planning Board for its recommendation on motion of Commissioner Barrow, seconded by Commissioner Snow and unanimously carried. City Manager Lawson then read Ordinance No. G-239. ORDINANCE G-239. AN ORDINANCE OF THE CITY CO~ISSION OF THE CITY OF DEI/IAY BEACtl, PALM BEACH COI~TY, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE FOLLOWING DESCRIBED TRACT OR PARCEL OF LAND LOCATED IN PALM BEACH COUNTY, FLORIDA, AND LYING CONTIGUOUS TO THE CITY OF DELRAY BEACH, FLORIDA. SAID LANDS BEING AND CONSTITUTING THE RIGHT-OF- WAY OF U. S. HIGHWAY NO. I, AS WELL AS THAT CERTAIN PROPOSED SUBDIVISION KNOWN AS "TROPIC ISLE," ACCORD- ING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 24, PAGE 235, AND PRO- VIDING FOR THE ZONING AND TAXATION OF SAME. WHEREAS, the City Commission of the City of Delray Beach, Florida, has by Resolution No. 1017 determined that the herein- after described property is contiguous to the municipal boundary lines of the city of Delray Beach, Palm Beach County, Florida, and WHEREAS, Tropical Isle Development Co., a Florida Corporation, is the sole fee simple title holder of the property described, here- in, except the right-of-way of U. S. Highway No. 1, and said ~orpo- ration has heretofore by its petition as amended, consented and ~iven permission for the annexation of said property by the city of Delray Beach, and 158 AUGUST 27th, 1956. WHEREAS, the city of Delray Beach, Florida, has heretofore been authorized to annex lands in accordance with its charter Erant- ed to it by the State of Florida: NOW, THEREFORE BE IT OHDAINED BY THE CITY CO~IISSION OF THE CITY OF DELHAY BEACH, FLORIDA, as follows: SECTION 1. That the City Comission of the City of Delray Beach, Pa~-l~-~/~Uounty, Florida, hereby annex to said city the following described tract or parcel of land located in Palm Beach County, Florida, which lies contiguous to said city, to-wit: From a point on the North line of the South half of Section 21, Township 46 South, Range 43 East, 33 feet East of the centerllne of S. E. 6th Avenue (U.S. Highway No. 1) Delray Beach, said point being on the existing east right-of-way line of State Road 5, run easterly along said north line of the South half of Section 21, Township 46 South, Range 43 East, a distance of 27 feet; thence run South 0° 19t 02"' W..for a distance of 15.82 Feet to the beginninE of a curve concave to the west and havinE a radius of 1350.19 feet; thence run in a southerly direction along the arc of said curve for a distance of 318.73 Feet to a point on the South line of Lot 25, Block 2, of HODEL LAND COHPANYtS ~L~P of Section 21, Township 46 South, Range 43 East, Plat Book 1, Page 128, which point off intersection is the point of beginning. From said point of beg~nninE run Southwesterly alone the East right-of-way line of State Road No. 5 (U.S. HiEhway No. 1) to a point of intersection with the North line off Tract 5 of Revised Plat of Portions of Sections 28-29, Twp. 46 S, Rge. 43 E, per plat book 18, page 53, thence N. 89 deg. 58t 23" E. along said North line of said Tract 5, a distance of 586.12 Feet; thence N. 2 deg. 49~ 22", W. a distance of 346.38 feet more or less, to the North line of Tract 3 of said Revised Plat; thence North 89 deE. 57~ 35~ East along the north line of said Tract 3 a distance of 1387.19 feet more or less to a point in said westerly right-of-way line of the Intracoastal Waterway; thence S. 0 deE. 36t O" W. alone said wester- ly right-of-way line a distance off 1211.92 feet more or less to a point of intersection of a line parallel to and 173 feet southerly (measured at right angles):from the south line of Tract 6 of the Revised Plat of Portions of Section 28-29, Twp. 46 S, according to the plat thereof recorded in Plat Book 18, paEe 53, Public Records of Palm Beach County, Florida, with the west right- of-way line of the Intracoastal Waterway (for convenience, said parallel line is assumed to bear east and west, and all other bearings are relative thereto); thence West along said parallel line a distance of 1229.27 feet; thence South a distance of 25 feet; thence S. 75 deE. 24~ 15" W. a distance of 115.24 feet; thence South 2 deg. 16~ 10" E, a distance of 27.06 Feet; thence S. 87 deE. 43t 50" W. a distance of 174.67 Feet; thence N. 2 deE. 47' 53" distance of 8.15 feet; thence S. 87 deE. 12t 07" W. a distance 140 Feet more or less to the East line of Del-Raton Park, accordinE to the Plat thereof recorded in Plat Book 14, paEes 9 and 10, Public Records of Palm Beach County, Florida; thence N. 2 deE. 47~ 53' W. alone said East line of Del-Raton Park, a distance of 263.84 feet more or less to the northeast corner of Block 38 said Del-Raton Park; thence S. 89 deE. 39~ 57~ W. along the North line of said Block 38, a distance of 261.72 Feet more or less, to a point in the easterly right-of-way line off State Road No. 5 (U.S. Highway No. 1) as shoum on Plats recorded in Hoad Plat Book 2, pages 73, 74 and 75, public records of Palm Beach County, Florida, thence westerly to a point on the North line of Lot 28, Block 20, of Del-Raton Park, Plat Book 14, paEe 9, said point being on the West right-of-way line of State Road No. 5 Highway No. 1); thence northerly along the Westerly right-of-way line of State Road No. 5 (U.S. Highway No. 1) to a point of inter- section with the south line of Lot 25, Block 2, of ~ODEL LAND COMPANY'S ~L~P of Section 21, Twp. 46 South, R~e. 43 East, Plat Book 1, paEe 128. AUGUST 27th, 1956. SECTION 2. That the boundaries of the City of Delray Beach, are hereby r~deCined so as to include therein the above described tract of land, and said lands are hereby declared to be in the corporate limits of the City of Delray Beach, Florida. SECTION 3. The property herein above described and herein annexed to the City of Delray Beach, Florida, shall not be taxed for ad-valorem taxes in excess of an annual tax of $10.00 per resi- dential lot or in excess of $50.00 for business lots A and B as shown on the plat of "Tropic Isle" for ten years from the date of the enactment of this ordinance. In the event, however, any such lot is sold, transferred or otherwise disposed of by Tropical Isle Development Company or in the event any building is constructed on any lot, then such lot shall be subject to normal taxation of the city of Delray Beach, Florida. SECTION 4. The property hereinabove described and herein annexe~ to the City of Delray Beach, Florida, is taken into said City under the following zoning regulations and conditions; (A) Residence "R-lA" District shall be applicable to lots numbered One (1) through Ninety-Three (93), both ntunbers inclusive, and lots numbered One Hundred Five (105) through One Hundred Nine- teen (119), both numbers inclusive; (B) Residence "R-3" District shall be applicable to Lots Ninety-Four (94) through Ninety-Nine (99) and Lots One Hundred One (101) and One Hundred Two (102) which shall be used for multi-fam- ily or duplex type residential properties, and Lots One Hundred (100), One Hundred Three (103) and One Hundred Four (104) shall be used for duplex type dwellings; (C) Business "C-l" District shall be applicable to all of Lots "A' and 'B" which shall include motels; hotels; apartments; apartment hotels; agencies, such as employment, insurance and real estate; auditorium; banks, bakeries, serving retail trade; barber shops; beauty parlors; bicycle shops; blueprinting; photo-stating and the like; business colleges; cafeterias; department stores; dressmaking shops; drug stores; dry cleaning, pressing, blocking and dyeing establishments; electric light and power companies; ex- press companies; florists; garages for storage of automobiles in connection with hotels only; grocery stores, retail only; hospitals; ice cream parlors; jewelry shops; music stores; office buildings; photo shops and art galleries; post office substations; private clubs; professional offices; public stenographers; radio sales rooms; restaurants; retail stores and shops; sales and show rooms; schools, private and ~ublic; stationery and office e~uipment, retail; tele- graph station; telephone office; theatres; watch repairing; gasoline service stations and that said property can be classified so as to be included in the type classification as defined and described in Ordinance No. 6-175 of said City. Such shall be the zoning classi- fication notwithstanding the fact that the same may differ or deviate from the business classifications now permitted in a 'C-l" district by the Zoning Ordinances of Delray Beach. (D) That the set back requirements of said property shall be as follows: "No building or any part thereof, including garages and porches, shall be erected on any lot closer than twenty-five (25) feet to the front street line, or closer than eight (8) feet six (6) inches to either side lot line or closer than fifteen (15) feet to the rear lot line (provided, however, that in the case of corner lots the set back from the side street line shall not be less than twenty (20) feet. Any building located on a waterfront lot shall be at least twenty-five (25) feet from the lot line abutting upon the water-way," although in some instances the same may differ or deviate from the set back requirements under the Zoning Ordinances of the City of Delray Beach. AUGUST 27th, 1956. (E-l) The water mains now under contract being installed in said area (but not the service connections to private property) shall forthwith become the property of the City of Delray Beach, Florida, and said City shall furnish water to the inhabitant-s of said property at the same rates charged to other water consumers in the City of Delray Beach, Florida. (E-2) The water mains now under contract and being in- stalled from the present main Municipal water supply line, which line is located at the intersection of S. E. 7th Street and U. S. Highway No. 1 and shall upon completion of said contract run tO the northwesterly corner of the proposed plat of Tropic Isle shall become the property of the City of Delray Beach, Florida, at the time said City has discharged its obligation to Tropical Isle Development Co. by the discharge or payment of the sum of $33,060.00 which sum shall be deemed satisfied, discharged and paid in full Upon the happening of either one of the following conditions which- ever be the sooner: a. The total payment of such sum. b. The refund payment of 100 per cent of the water revenue derived from the water sales to Tropic Isle users for a period of ten years from the date of the platting of said subdivision as a part of the City. c. The failure of the subdivider to annex or cause to be annexed the remainder of the property indicated on the sketch at- tached to the subdividers Amendment to Petition for Annexation, within three (3) years from July 9, 1956, shall relieve the munic- ipality from its obligation to make water revenue refund to the subdivider and shall relieve said city from all obligations arising thereunder. SECTION 5. That, if any word, phrase, clause, sentence or part of this Ordinance shall be declared illegal by a court of compe- tent jurisdiction, such record of illegality shall in no way affect the remaining portion. This Ordinance was placed on first reading by the City Commission at a regular meeting held on July 23rd, 1956, and said City Commission will sit in the Commission Chambers at the City Hall on the 27th day of August, 1956, at 4:00 P. M., at which time the above Ordinance will be read in full, and all persons inter- ested shall be given an opportunity to be heard. PASSED in regular session on the second and final reading on this the 27th day of August, A. D., 1956. /S/ Mike Yar~ates (SEAL) M A Y 0 n ATTEST: /S/ R. D. Worthi.$ 1st Reading - - -August 13, 1956 2nd Reading - - - August 27, 1956 Commissioner Snow then moved that Ordinance No. G-239 be adopted on second and final reading. Motion was seconded by Commissioner Barrow and unanimously carried. AUGUST 27th, 1956. The City Hanager then read Resolution No. 1024. RESOLUTION NO. 1024. A BESOLUTION OF T~E CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLOKIDA, AUTHORIZING THE CITY MANAGE~ TO PROCEED WITH THE CON- STRUCTION OF A SIDEWALK, FIVE (5) FEET IN WIDTH, ON THE EAST SIDE OF SOUTH SWINTON AVENUE BETWEEN SOUTIIEAST FOURTH (4th) AND TENTH (lOth) STREETS. WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on the 13th day of August, 1956, determine to proceed with the construction of a sidewalk on the East Side of Swinton Ave- nue from Southeast 4th Street southward to Southeast 10th Street, and WHEP~EAS, the Resolution (No. 1021) providing therefore has been duly published as required by the City Charter, together with a notice that objections, if any, to said improvement would be heard on this date, and WHEREAS, no sufficient objections have been made to such proposed improvement, NOW, THEREFORE, BE IT RESOLVED BY THE City Commission off the City off Delray Beach, Florida, that the City Manager be and he is hereby instructed to proceed with the construction of a sidewalk on the East Side of Swinton Avenue between Southeast 4th and 10th Streets, according to plans and specifications heretofore Filed with the City Clerk, and a copy~ thereof Filed in the office of the City Manager and kept open for the inspection of the public. PASSED in Regular Session on this the twenty-seventh (27th) day of August, A. D., 1956o /S/ Mike Yar~ates MAYOR (SEAL) ATTEST: /s/ R.D. Worth n City Clerk Comissioner Strong moved for adoption of Resolution No. 1024. Motion was seconded by Commissioner Barrow and unanimously carried. City Manager Lawson then presented the following Bids, received, for the construction of the Sidewalk, as authorized in Resolution No. 1024. Wm. D. Adiemy $ 4,847.85 R. M. Garner 4,805.00 Com~issioner Strong then moved that Contract for construction of said sidewalk be awarded to the low bidder, R. M. Garner. Motion was seconded by Comissioner Cromer and unanimously carried. The City Manager then read Resolution No. 1023, 167 AUGUST 27th, 1956o RESOLUTION NO. 1023. A RESOLUTION OF TH~ CITY COMMISSION OF THE CITY OF DELRAY BEACtl, FLORIDA, ASSESSING COSTS I~R ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY: SETTING OUT ACTUAL COSTS IN- CURRED BY SAID CITY TO ACCONPLISH SAID ABATEH~T OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AHOUNT AS SHOWN BY REPORT OF THE CITY NANAGER OF DEI~L~Y BEACH, FLORIDA. WHEREAS, the City Commission of the City of Del:ay Beach, Florida, did, in regular session held on June 14th, 1955, enact resolution Nos. 966 and 973, declaring the existence of a nuisance upon certain lots or parcels of land therein described for violation of the provisions of Ordinance G-147; and WHEREAS, pursuant to said Resolutions, the City Clerk of said City did furnish each of the owners of the lands therein described with a notice that the City Commission would sit on June 28th, 1955, at 2:30 o'clock P. M. at the City Hall in Del:ay Beach, Florida, for the purpose of allowing the owners shown in Resolution no. 966, and on July 12th, 1955, at 2:30 P. M. at the City Hall in Del:ay Beach, Florida, for the purpose of allowing the owners shown in Resolution No. 973, to show cause, if any, why said nuisances de- scribed in said resolutions should not be abated; and WHEREAS, pursuant to said notices, the City Commission of. said City did sit on June 28th and July 12th, 1955, at 2:30 P.~ at the City Hall in Del:ay Beach, Florida, for the purpose afore- said, and said owners of the lands having failed to show cause why the nuisance described in the afore said resolutions should notbe abated, the said City Commission did, on the scheduled hearing dates as provided and shown herein, resolve that a nuisance existed on the lots or parcels therein described for violation of the Ordinance G-147 as aforesaid, and further resolved that each o£ the owners described in said resolutions be notified and required to abate the nuisance within thirty (30) days from the receipt of a copy of such resolution, otherwise, in default thereof, said owners were notified that the City of Del:ay Beach wotnld enter upon said lands and abate the nuisance described and specified in said reso- luiton and would levy the cost of such work as an assessment a- gainst the property therein described; and WHEREAS, pursuant to such resolution; the City Clerk of said City did furnish each of the respective owners of the lands de- scribed in said resolutions with an appropriate copy thereof, namely, Resolution No. 977 and Resolution No. 979 and the owners hereinafter named did fail and neglect to abate the nuisance ex- - istin~ upon their respective lands within the time prescribed by said resolution and Ordinance G-147, and the City of Del:ay Beach, Florida, was required to and did enter upon the following lands and incur costs in abating the nuisance existing thereon as de- scribed in the aforesaid resolutions; and WHEREAS, the City Manager of the City of Del:ay Beach, Florida, has, pursuant to said Ordinance G-147 and the City Charter submitted to the City Commission a report of the costs incurred in abating the nuisances as aforesaid, said report indicating the costs per parcel of land involved. NOW THF~REFORE, BE IT RESOLVED by the City Commission of the City of Del:ay Beach, Florida, as follows: 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Del:ay Beach, Florida, involving said city's cost of abating the aforesaid AUGUST 27th, 1956. nuisances upon the lots or parcels of land described in said report, a copy of which is attached and made a part hereof, are levied a- gainst the parcels of land described on said report and in the a- mounts indicated thereon. Said assessments so levied shall be a lien from the date the assessment becomes effective upon the re- spective lots and parcels of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as city t~xes are collectible. 2. That the City Clerk of said City shall record a certified copy of this resolution in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, and shall furnish to each of the owners named in and upon said report, a notice that the City Commission of the City of Delray Beach, Florida, will sit as a Board of Equalization at the City Hall in Delray Beach, Florida, on the 24th day of September, A. D. 1956, at 4:00 o'clock, P. M., to hear and consider any and all complaints as to the assessments shown herein and the said City Commission shall adjust and equalize the same on a basis of justice and right and when so equalized and ap- proved, such assessments shall stand confirmed and remain legal, valid and binding obligations upon the property against which said assessments are levied; such assessments after equalization ad- justment and hearing shall draw interest at the rate of 6% per annum until fully paid. 3. After equalization and upon approval of such assessments, the same shall be forthwith payable together with any interest thereon accrued. PASSED AND ADOPTED at regular session on the 27th day of August, A. D., 1956. /S/ Mike Yar~ates MAYOH (S~AL) ATTEST: .. /S/ R.D. Worthin.~ City Clerk COST OF ABATING NUISANCES UNDER - - - ORDINANCE NO. G-147. Description Owner Assessment Lot Block S/D 1 2 Seagate Mrs. Lucy MacLeod Helm, $ 75.00 2 2 " P.O. Box 1916 100.00 7 2 " Delray Beach, Fla. 125.00 9 4 " Mr. Porter Fearey, Jr., 150.00 10 4 5, P.O. Box 633. 150.00 1049 Allen Street New Brunfels, Taxas. 2 10 " Mr. J. B. LeClere, 350.00 8 11 " ~ 1 28th Street, 300.00 Pittsburgh, Penn. 6 15 " Mr. Hal R. Sheaffer, 150.00 412 New York Blvd., Sea Girt, N. J. AUGUST 27th, 1956. Lot Block S/D. Owner Assessment 33 9 Osceola Park Hr. Ogden O. Brawner, 100.00 34 9 " ~ 618 Shelby Street 100.00 Frankfort, Ky. 10 7 ~ " Hr. Wm. Disston, et al 100.00 c/o Liberty Title & Trust Co. Broad & Arch Streets, Philadelphia, Penn. Irreg. Lot: Begin @ N.W. Cot. of Lot 1, Nassau Pk. Hrs. Lucile J. Nichols, 125.00 S/D; thence W. 12.96'; P. 0. Box 414, thence N. 49.33' para to Delray Beach, Fla. Ocean Blvd., to a Pt. 30' S. of N. line; thence W. 75'; thence S. 128.95' to S. line of said Lot; thence E. 83.2' to S. W. Cot. of Lot 1; thence N. 79.6' to ]7. O. B. $1,825.00 Commissioner Cromer moved that Resolution No. 1023 be ~dopted. Hotion was seconded by Commissioner Barrow and unanimously carried. City Hanager W. E. Lawson Jr., then read Resolution No. 1022. RESOLUTION NO. 1022. RESOLUTION DECLARING CERTAIN LANDS IN THE CITY OF DELRAY BEACH, FLORIDA, TO CONSTITUTE A NUISANCE IN VIOLATION OF CHAPTER 15 OF THE CITY CODE & ORDINANCE G-147. WHEREAS, Chapter 15 of the City Code & Ordinance G-147 of the City of Delray Beach, Florida, declares all lands in the City not kept free from Debris, vegetation (including trees) or other matter, which may become a danger in time of hurricane, and from weeds ex- ceeding a height of 18 inches, and from filth and trash, constitute a nuisance; and WHEREAS, pursuant to said Ordinance, the Chief of the Fire Department of Delray Beach, Florida, has made a survey report, in writing, to the City Hanager, describing certain lots or parcels of land in said City wherein conditions such as specified in Chapter 15 of the City Code & Ordinance exist. WHEREAS, the City Commission of Delray Beach, Florida, after consideration of said survey report, is of the opinion that a prima facie case showing the following lands constitute a nuisance within the provisions of said Chapter 15 of the City Code and Ordinance referred to herein. NOW, TBEREFORE, BE IT RESOLVED tb~at the existence of a nuisance be, and the same is hereby declared, upon the following 'described lots or parcels of land for violation of the provisions of said Chapter 15 of the City Code and Ordinance as specified after each description, and the City Clerk of the City of Delray Beach, Florida, is directed to furnish the owners of each parcel of land, as herein- after set forth, a notice in accordance with Section 6 of said AUGUST 27th, 1956. Ordinance, and that the City Comission will sit on the 24th day of September, 1956, at 4:00 o'clock P. H. at the City Hall in Delray Beach, Florida, for the purpose of allowing said owners to show cause, if any they can, why said nuisance should not be abated. Sec. 15-2, 15-3, 15-4, Chapt. 15, Violation OWNER ADDRESS ..LOT, BLOCK & S/D. City Code Wr~y & Wilma 18061 Santa Barbara Lot 10 & S 33.3' 2 & 4 Bailey Detroit 21, Hich of Lot 11. Seabreeze Park Hrs. Josephine Elizabethtown Ice & Lot 1 & S 25' 2 & 3 H. Brown Ice Cream Co. of Lot 2. Elizabethtown, Ky. Ocean Breeze Est. George W. Talbot, 125 N. Ocean Blvd. Lot 4 2 & 3 Jr. Delray Beach, Fla. Ocean Breeze Est. Frederick C. & c/o First Nat'l Bank Lot 16 2 & 3 Esther Muddiman Hollywood, Fla. Ocean Breeze Est. R. E. McCabe Box 346 W 300' of Lot 9, & 2 & 3 Charleston, W. Va. Lot 10 less E 300' Ocean Beach Lots Frederick C. & c/o First Nat'l Bank Lot 8 & S 5.5' of 2 & 4 Esther Huddiman Hollywood, Fla. Lot 7, Ocean Beach Lots. Florence B. 1435 W. 27th St. W 200' of N 60' 2 & 4 Jowett Sunset Island # 2. of S 65.5' of Hiami Beach, Fla. Lot 7, Ocean Beach Lots. Harry D., Jr. & 5 S. E. 5th Ave. Lot 46, 2 & 3 Hope H. Watts Delray Beach, Fla. Delray Beach Esplanade Beatrice S. 321 Grey Park Ave. Lot 3, 3 Ritter Amsterdam, N.Y. Sea Spray Est. Frederick C. & c/o First Nat'l Bank Lots 1, 2 & 3, 3 & 4 Esther Huddiman Hollywood, Fla. Vista Del Hat F. V. & F~argaret Box 852 Lot 2, Block D, 3 & 4 P. HacFarlane Delray Beach, Fla. The Village APPROVED this 27th day of August, 1956. /S/ Hike Yar~ates MAYOR (SEAL) ATTEST: /s/ R.D. Worthin~ City Clerk AUGUST 27th, 1956. Commissioner Strong moved that Resolution No. 1022 be adopted. Hotion was seconded by Commissioner Cromer and unanimously carried. The City Hanager then read the report of the Planning/Zoning Board on the following items: (1) Thomas H. Corcoran request for side yard setback devi- ation, on Lot 9, Block 1, Northridge, Zone R-1AA. Both area and frontage of this lot (71 x 120) are below the new zone requirements, and more than 50~ of the subdivision appears to have been improved under the old zoning. The Board recommends granting the requested deviation. Commissioner Snow moved for accepting the recommendation of the Planning/Zoning Board and the granting of Hr. Corcoran's deviation request. Hotion was seconded by Commissioner Barrow and unanimously carried. (2) Hrs. Bettye C. Lynch request for side-yard setback devi- ation on Lot 85 - Plumosa Park, Zone R-1AA. While the lot area conforms to the new zone, the frontage does not, and the neighborhood is more than 50~ improved. The board recommends granting the request, but with side yards no less than the old zoning requirements. Commissioner Barrow moved that the deviation be granted, as recommended by the planning Board. Hotion was seconded by Com- missioner Strong and unanimously carried. (3) Hary E. Hyers request for Porch construction permit on Lot 6, Block 2, Totterdale Addition - Zone R-1AA. Under the new zoning, Lots of record with less than 95 feet on either dimension of a corner lot may build to 15 feet from the long frontage. This building does not conform to the 30 ft. setback From the narrow frontage. The other building on the end of this block has been built to 173 Ft. from N. W. 14th Street. The Board recommends in this case granting permission to build out to the Front setback of the adjoining building, 17~ Feet from N. W. 14th Street Frontage. Commissioner Barrow moved For acceptance of the Board's recommendation and granting of said deviation request. Hotion was seconded by Commissioner Cromer and unanimously carried. (4) Hrs. Clarence Butts request for change of land use, Lot 1, in Bellview Court (South Swinton Avenue). A Public Hearing was held Friday, August 24th and none of the Fourteen neighboring land owners, properly notified ±n accordance with City Ordinance No. G-365, appeared or protested the proposed change. Hfs. Butts attended in support of her request, noting that the growth and development of the surrounding area had produced a neighborhood character unappropriate to residence of the size of her house, and that this works a hardship both in the use of her property and the possibility of future sale, and requested per- mission to alter the house for Duplex use. The Planning Board had received several requests For duplex land use in the area south of S. Fourth Street, though no protests were on record during the public hearings prior to the new zoning ordinance passage. It is the intention o£ the Board to hold further hearings on possible reintroduction of an H-2 zone in this general area after December 1st. On the basis of the circumstances above, the Board recommends that a variance be granted to Hrs. Butts For Duplex use of her property. Commissioner Barrow moved to accept the recommendation , of the Planning Board and grant the request of Hrs. Butts. Hotion was seconded by Conuuissioner Strong and unanimously carried. AUGUST 27th, 1956. (5) Rev. N. A. Jenkins (Mount Olive Baptist Church) request for set-back deviation, Lot 7, Block 28, Zone R-2. This building is regarded as a rebuilding of the previous church facility, and should be centered on the existing two-story baptistry and instruction building at the west end of the lot. The new church will form an extension to the existing building. There is a requirement to seat 500 persons, and this can be accomplished only with the proposed size plus a future balcony. The Board recommends approval of the setbacks indicated. Permissive Use: The new ordinance requires a public hear- ing for the permissive use of property for Churches and other buildings. It is suggested that, with the approval of the City Attorney, that such a hearing be dispensed with for the following reasons: (a) This is not a new land use of the property, but a reconstruction of a church facility already accepted, and an extension of an existing part of the Church facility. (b) Probably a majority of the property owners affected, who would be summoned to such a hearing have already signified their approval by contributing some $18,000. - $20,000. to the fund for the new Church. (c) The hearing would entail a hardship by delaying con- struction for at least two weeks. Parking Facilities: required by the new ordinance will be met by acquisition of the lot immediately south of the proposed church, and negotiations for this lot will be completed shortly. The Board recommends therefore granting of a construction permit to proceed immediately. Commissioner Snow moved to grant this special exception, aoproved by the City Attorney, and permit construction as outlined subject to proof of ownership of the adjacent land for parking facilities. Motion was seconded by Commissioner Cromer and upon Call of the Holl - Mayor Yargates and Commissioners Snow, Cromer and Barrow voted in favor thereof, Commissioner Strong being opposed. The City Attorney suggested to the Commission that consider- ation should be given toward increase of the FEE to accompany devi- ation requests. Commissioner Snow requested the City Manager to investigate the procedures and Fees charged in other cities and towns for this function. Commissioner Snow moved that Bills in the s,,m of $47,450.08 be paid subject to the approval of the Finance Committee. Motion was seconded by Commissioner Strong and unanimously carried. The Building Inspector submitted a plat reflecting desired enlargement to the service department of Hoyle-Cadillac. Commissioner Cromer moved that permit be granted Hoyle- Cadillac to enlarge their present service department. Motion was seconded by Commissioner Barrow and unanimously carried. Commissioner Snow moved that the City Manager be instructed to obtain bids for the reconstruction of the sidewalk on the beach side of Ocean Blvd., with a sand and fine rock plant mix asphalt, work to be done during September. Motion was seconded by Com- missioner Cromer and unanimously carried. Commissioner Snow requested the Commission endeavor to interest some local organization in sponsoring a city-wide clean-up program. Commissioner Strong suggested the Mayor contact the Garden Clubs for their co-operation. Mayor Yargates agreed to such assignment. AUGUST 27th, 1956. City Hanager Lawson reminded the Co2mission of recent public resentment concerning the awnings on the beach pavillion being taken down, advising of the approximate cost for removal and placement being in the nei~hborhood off $100. for taking down and re-hanging, whereas new awning coverage, if made necessary by storm destruction, would approximate $782.00 to replace. The Commission unanimously agreed that the awnings on the pavillion should not be down for any undue period of time as many people enjoy using this facility. Commissioner Strong solicited the Conmission~s consideration .-~ and willingness to defray the expense for bus transportation of Colored children to Jupiter on Labor Day. Commissioner Cromer moved that the City of Delray Beach charter three buses for transporting the children to Jupiter on Labor Day. Hotion was seconded by Comissioner Snow and unani- mously carried. Heeting adjourned. /S/ R.D. Eorthin~ City Clerk APPROVED: HAYOR