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12-08-1994 VC PH-MMINUTES OF PUBLIC HEARING OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, DECEMBER 8, 1994 Present: Gail H. Vastola, Mayor V. A. Marks, M. D. , President Pro Tem Tom Valente, Councilman Larry Kelley, Councilman Dennis w. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village clerk ROLL CALL Mayor Vastola called the meeting to order at 7:25 p.m. All members of Council were present. All members of staff were present. PURPOSE OF THE PUBLIC HEARING The purpose of the Public Hearing was to hear comments from the Public concerning Bill 764, a proposed ordinance of the Village of North Palm Beach, Florida, amending subsection G 'of Section 45-33 of Article III of Appendix C - zoning of the Code of ordinances to allow car wash and car waxing businesses to utilize awning structures; providing for the repeal of all ordinances or parts of ordinances in conflict herewith; and, providing for an effective date. COMMENTS FROM THE PUBLIC Manny Grinn, 536 Greenway Drive, addressed the Council regarding Bill 764, and stated that he was happy with the proposed change, but questioned why the Council would loosen appearance standards by allowing awning structures while tightening up on signs. Mort Levin, 115 Lakeshore Drive, told the Council that he had no objection to an awning structure at the specific Texaco station location on U. S. One and Yacht Club Drive, but he did oppose changing the code to allow awning structures anywhere in the Village. Mr. Levin feels that allowing these types of changes weaken the Code. Mr. Levin said he felt that the gas station should ask for a variance instead. The Public hearing recessed at 7:30 p.m. and reconvened at 7:31 p.m. in order to open and recess the Regular session scheduled for 7:30 p.m. ' Richard Voss, 645 Atlantic Road, applauded the Council regarding this issue, stating that approval would carry out a reasonable extension of awning structures already allowed at certain businesses, and added that the appearance code gives protection against future requests that may be inappropriate. Minutes of Public Hearing Held Thursday, December 8, 1994 Louise Call, 28 Yacht Club Drive, rebutted Mr. Levin's argument by telling the Council that when she moved to North Palm Beach in 1968, ordinances were very specific regarding building heights, but the Code was changed to allow the building of old Port Cove, where Mr. Levin resides. Mrs. Call supports the proposed change to allow awning structures at gas stations. Charles O'Meilia, 756 Lagoon Drive, told the Council that the change as written would allow more than one structure. He also explained that the C-1 zoning setbacks are different than other commercial setbacks in that C-1 zoning only has a front setback, with no side or rear setbacks, unless it were a corner lot, which then would have a side setback only. Mr. O'Meilia feels that the Council. should consider that in making a decision. Further, Mr. o'Meilia said the alley behind the gas station in question is an alley easement given to the Village by Gulf Oil Company after a long, hard battle, but they did not dedicate it to the Village as a piece of property; it is merely an easement on the back of the lot and is still part of that lot, with no rear setback. Therefore, whatever structure is permitted now can be set right on ' the back property line. Currently, Mr. o'Meilia added, they could technically do that by putting up a building in the back and doing their car-washing inside a building. The present code says that any work performed must be within enclosed walls of a building. Mr. O'Meilia told the Council that the main reason the code reads the way it does is because of the requests, and the code enforcement problems we've had through the years with people doing things outside buildings in commercial areas on U. S. one and down Northlake Blvd. The current ordinance is only four years old, having been passed in 1990.. the meeting adjourned at v With no further comments to be heard, 7:43 p.m.