03-29-1950 - Special
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SPECIAL ~n~~~ING OF THE TONN COUNCIL OF THS TOWN OF
EDGEWATER~ FLORIDA H8LD IN TH~ TOWN HALL !~RCH 29, 1950.
Mooting c~llod to order by Mayor-Council~~n ~. P. Fuller at 7:30 P. M.
ROLL CALL.
M~yor-Councilmnn ~. P. Fuller Present
Councilm~n H. o. Kuhlhoff Presont
Councilm~n w. L. Todd Prosent
Clerk G. C. bpargo Present.
Attornoy ~.~. H~wkins Prosent.
This meeting called for tho purposo of discussing the granting of a building per-
mit to Srovo Pyevnc at Big Pinos in ~dgowater,Florida.
~ho following is th~ opinion of Attorn~y Hawkins on the validity of Ordinnnco No.
141.
Tt is ~y opinio~ th~t Ordinanco NO.14l,regnrding sot back lines along U. ~. HiRh-
wny No.1, in tho Town of Edg")water,wns a vnlid and is a valid ordinance, however,
sincn tho pnssngc of this ordinnnco in August,1946, accordind to my information,
th~re huv~ boon a numb)r of exceptions, In other cases, I am advised that tho J._
ordinance has b0~n compliod with
Th2 ouestion now is to d~t~r~ino whwther this ordinnnae is still in force and
offuct and whethor it cnn bo enforced.
I am of the opinion thnt the oxceptions to tho provisions of this ord in'lnce may
dotermine its vnlidity,in othar words,if practically univ&rsully exceptions have
boen mnde to the provisions of tha ordinance,thon to recuiro at this time its
strict onfrocomant might be considered unroasonably discriminatory agnnist som~
persons; however, if the exceptions are rathor limitod and based on just ~nd renson
ablo causo for such oxcoptions then I believe that tho ordinanco cnn b~ enforced.
If any litigation camo up or any Rctunl dispute arose,nnturally it would bo for n
court of compotent jurisdiction to d.t~rmiD. the Questions concerning this
ordinunco
If you allow u building to b8 erectod less than the -proscribQd distance nccording
to tho ordinnnco, any -proximate owners would have tho right to mandnmus th, town
and its officials to onforce this ordinance: on the oth)r hand, if you do onforce
the ordinanco against some pre sons, mnking them build the -presoribed distnnca bnck
from the highwny,then those pcrs9ns might bring nn nction to enjoin the cnforce-
mont,bocausCl such might bo discriminatory. Thar~for9, th~ possibility of nr.vent-
ing litigation of tho above qUClstions seems impossiblo,no mattor what cours~ you
gontloman may take.
Counc ilman Kuhlhoff movod that the 1'own Counc il of the Town of EdgeW'ntor, Floridn
ndhorQ strictly to tho provisions of Ordinunc~ No.141 and thnt Stove pyovac be
compcllod to build on the 73~t.lin. und that no more violations of ihis ordinanco
bo allowod. This motion was not soconded.
Councilm~U1 ~odd moved that, in viow of tho fact that tho provisions of Ordinance
No.l4l had not b~en adhered to,St~vo ~.vuc bo nllowod to go ahead with his
building ahd to so construct the wall that it is against tho faoo of the present
buildinR ~nd bDCOmQS a pnrt of this buildibg but that it must not project any
closer to tho streot lin~ than th~ -prosent building. This motion was not seconded,
Uouncilmnn Todd r.lOvod that this meating.ndjourn until 5:30 P. M. March 30,1950
1:hat the Council might furthfllr consider this qU9stion,soco by ouncilm.~ Kh
Kuhlhoff :md by vote C.t1l1In~D. TIMJ: . 5ft . -".
Mn.y or-C ounc i lrru
counoilman.J/ () /r::;4/L~ ·
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