Loading...
1985.06.19_PB_Minutes_Specialr TOWN OF HIGHLAND BEACH, FLORIDA I PLANNING BOARD SPECIAL MEETING JUNE 19, 1985 9:30 A.M. Chairman Irving Saunders called the Special Meeting of the Planning Board of the Town of Highland Beach, Florida, to order at 9:30 A.M. The recording secretary called the roll. Present were Chairman I. S. Saunders, Vice Chairman D. R. Rome, Regular Member R. F. Blosser and first alternate member A. Leng. Absent from this Special Meeting were Regular Members M. A. Waldman, J. E. Ward and second alternate member C. H. Bartlett. Also present were Town Attorney David Friedman, Building Official Bruce Sutherland, Recording Secretary Anne Kowals, Seagate of Highlands Asso- ciation President Jane Rayner and Representative Edward Bennett, Monterey House President Pro-tem Nicholas Carnase and Representative John Schneider, Empire Group, Inc., Vice President Dan Vargas and many Town residents. • Vice Chairman Rome apologized to the members and residents in the audience for being absent from the last meeting due to her appearing, as a witness, on behalf of Highland Beach at the West Palm Beach Courthouse. SEAGATE OF HIGHLAND BEACH, MR. EDWARD BENNETT, REPRESENTATIVE; MRS. JANE _RAYNER, PRESIDENT; MR. DAN VARGAS, VICE PRESIDENT OF EMPIRE GROUP, INC., PRESENT. SATELLITE T. V. ANTENNA. Seagate representative Edward Bennett, Chairman of a special committee on cable television, advised the board that their application and ground mounted installation plans for a satellite antenna have been submitted. Mr. Blosser requested the Building Official update the members regarding the application (members do not know if it conforms to side setback re- quirements and where it stands from the standpoint of the Town Engineer). Building Official Sutherland said the satellite antenna installation at Seagate will violate the rear yard setback. The Town Code calls for a 25' setback and the dish is approximately 14' from the rear lot line. When Vice Chairman Rome questioned if Seagate should go for a 'Special Exception', Attorney Friedman said that would be the procedure to follow. PLANNING BOARD •Special Meeting June 19, 1985 Page 2 of 11 Attorney Friedman said Seagate would submit an application for a 'Special Exception' to the Planning Board. The Planning Board holds a public hearing which must be advertised in the newspaper thirty days prior to the date of the hearing. After the public hearing, continued Attorney Friedman, the Planning Board makes its recommendation to the Town commission. Mr. Blosser suggested Seagate apply for a 'Special Exception' in time to advertise on June 24, 1985, so the Planning Board could expedite matters by holding a public hearing on Wednesday, July 24, 1985, at 9:30 A.M. Seagate can apply to the Town Commission, said Mr. Blosser, no later than two weeks in advance (July 15) to be placed on the agenda for the Town Commission Workshop Meeting on July 30, 1985. The Town can then call a special meeting on this matter, continued Mr. Blosser. When Chairman Saunders asked if the Building Official was aware that Seagate encroached on the setback limitations when the new plans were submitted, the Building Official said he was aware of the problem but there were indications and statements by different Town officials that • there would possibly be a process taken to circumvent or expedite any problem along these lines. They have indicated, continued Mr. Suther- land, that the best route would be a 'Special Exception'. Mr. Bennett said this is the first time he heard there was a problem of this kind as the engineers did not indicate any problems on the drawings. Mrs. Leng expressed concern, as did Chairman Saunders, whether Mrs. Rayner and Mr. Bennett were properly advised by the Building Department when Seagate plans were submitted that the setback requirement did not comply. Mr. Bennett said he was not advised there was a problem. Mrs. Rayner said that in conversation with Mr. Albert Schiff, a fellow resident of Seagate who is chairman of the Town's Board of Adjustment, she was in- formed if there was a problem, Seagate would have to apply for a 'Special Exception'. Mrs. Rayner said they knew there was a problem but exactly what was involved was not known. Mrs. Leng said Town's people need to know, before they come to a meeting, exactly where they stand. There seems to be a lack of communication, continued Mrs. Leng. 0 I PLANNING BOARD Special Meeting • June 19, 1985 Page 3 of 11 Mr. Sutherland said Mr. Schiff publicly stated that if a need for a variance existed due to setback violations, he didn't feel it should go before the Board of Adjustment. Therefore, Seagate was aware of a problem, continued Mr. Sutherland. Vice Chairman Rome said the Planning Board would gladly hold a special meeting on July 24, 1985. This meeting must be advertised in the news- paper thirty days prior to the scheduled date so Town's people have had proper legal notice. • 0 The members suggested Seagate submit their 'Special Exception' applica- tion before June 24, 1985, to allow advertising thirty days prior to the special meeting called by the Planning Board for July 24, 1985, at 9:30 A.M. With the Town Commission Workshop Meeting set for July 30, Seagate should apply to get on that agenda at least two weeks (July 15) before the Work- shop Meeting so the Town Commission can declare a thirty day period for their special meeting and then approve the antenna at the end fo that thirty days. This is proceeding according to the rules and regulations of the Town of Highland Beach, said Chairman Saunders. Mr. Blosser made a MOTION, that the Planning Board follow the procedures and dates, approve it subject to the filing for a 'Special Exception' by Seagate by next Monday, the 24th of June, and a special meeting be called accordingly and we utilize it for other business we will have as a Planning Board. A special meeting will be held on the 24th of July, 1985, at 9:30 A.M. Vice Chairman Rome seconded the MOTION. A roll call vote resulted as follows: Mrs. Leng 'aye' Mrs. Rome 'aye' Mr. Blosser 'aye' Mr. Saunders 'aye' MONTEREY HOUSE, MR. JOHN SCHNEIDER, VICE PRESIDENT; MR. NICHOLAS CARNASE, PRESIDENT PRO-TEM; MR. DAN VARGAS, VICE PRESIDENT OF EMPIRE GROUP, INC., PRESENT. SATELLITE T. V. ANTENNA. Mr. Nicholas Carnase, President Pro-tem of Monterey House, introduced Mr. John Schneider, Vice President, representative for the satellite T. V. antenna. PLANNING BOARD Special Meeting • June 19, 1985 Page 4 of 11 Building Official Sutherland, when asked to comment on the Monterey House application, said he had not reviewed the new plan because it was received by Mr. Schneider late Tuesday evening. Mr. Sutherland inspected the site on Tuesday, with Mr. Schneider, and reported it was fine as far as location and setbacks. It appears to be a ground mount, said Mr. Sutherland, as the area is all landscaped with trees and grass. Actually, continued the Building Official, the site is on top of a one story garage, approximately 12' above the ground. Looking at the photos submitted, said Slice Chairman Rome, the location seems to be on the ground and not on the garage. Mrs. Leng questioned if the roof of the garage meets the requirements for the depth of the pad that will hold the satellite antenna and just how old is the garage roof. Mr. Sutherland said engineering -wise there is no problem at all. The garage roof is heavily built, supporting earth and trees and it is in sound condition. The satellite antenna would be firmly attached to the concrete beams of the garage roof, continued Mr. Sutherland. The unit • weighs 150 lbs, and the mass of the garage roof is more than enough to handle it, stated Mr. Sutherland. When questioned about the concept of the mounting, Mr. Vargas said the engineers designed a mount that would mount across in an "L" shape fashion into the two support columns for the building itself, as shown on the new plans. The garage roof, said Mr. Vargas, will not be pierced at all and the tie-in would be above the grade. Vice Chairman Rome questioned how the garage roof ties in with the rest of the property around Monterey House (is it level with all the ground around the building). Mr. Schneider advised it is not level with the ground around the building - it is approximately 12' above ground level. The building, said Mr. Schneider, starts on the second floor; the setbacks are not violated; the dish will be totally screened with the criteria of the Community Appearance Board having been met. Mr. Schneider said technically it is not ground level but it is treated as such. The entire area is landscaped with grass, trees with the shuf- fleboard court and putting greens located on this level which is approximately 14' above grade. PLANNING BOARD Special Meeting • June 19, 1985 Page 5 of 11 After hearing the description of the site, Mr. Blosser said that it is actually a roof top and the Planning Board had voted against all roof top installations. Not having inspected the site, Mrs. Leng said she feels the members are at a disadvantage. Vice Chairman Rome suggested this meeting be recessed to allow the mem- bers to inspect the site. Mr. Blosser said he needs more time as he would like to study the engine- ering on the totally new plans, which were submitted for the first time immediately before the start of the meeting. Two weeks is the board's customary requirement. The Planning Board will not be following standard procedure on this if a recess is called to make an on site inspection, continued Mr. Blosser, and I am as anxious as anyone to expedite these matters --that's why I called a special meeting. Chairman Saunders said we do have a limited attendance as far as the members of the board; however, if the majority of the board sees fit to so go to the site, I think we should ask for a MOTION and have a vote on it. Vice Chairman Rome made a MOTION that the Planning Board get rid of the rest of the business of this meeting which is the Enclaves of Boca Cove that we then call a recess and we go down to Monterey House and take a look at the actual site. I'd like the Building Official to go, I'd like the Town Attorney to see it and then that we come back and discuss whether or not this is in fact a garage roof, whether in fact it is the ground, go through the plans; and, I don't have to come to a definitive conclusion but I'd like to know what I am talking about. And I so move. Mrs. Leng seconded the MOTION. Mr. Blosser stated he would vote against the MOTION because it is an improper procedure. The recording secretary polled the members which resulted as follows: Mrs. Leng 'aye' Mr. Blosser 'no' Mrs. Rome 'aye' Mr. Saunders 'aye' Vice Chairman Rome said she read the procedures for 'Approval of Plans' under Section 8.3 of the Zoning Code and it does not say when a member has to go on a site plan review. 0 PLANNING BOARD Special Meeting • June 19, 1985 Page 6 of 11 The Planning Board doesn't usually recess to go on a site plan review, continued Mrs. Rome, but we are working with neighbors in Town, not developers, and I feel there is no reason why I can't go and look at a new place. The Town Code doesn't say that we can't, said Mrs. Rome. Replying to Mrs. Rome's comment, Mr. Blosser said that you can look but if you intend to come back and assemble and continue the meeting, then you're going only with the idea that you're going to vote on something that we never saw until this morning. Vice Chairman Rome said she may not vote today - she may still want the Town Engineer to look at it. Continuing, Mrs. Rome added that she just thought it would be a good idea to have it explained. Mr. Blosser stated that he fully intends to vote for a dish, if it meets the requirements, but he objects to the procedure suggested this morning. Chairman Saunders said the MOTION has been passed that we postpone further discussion until after we discuss the next item on the agenda which is the Enclaves of Boca Cove. Addressing the Monterey House representatives, Chairman Saunders said that it is the Planning Board's responsibility to •be as cooperative as possible with the applicants and that's the way it will be. ENCLAVES OF BOCA COVE - PRELIMINARY SITE PLAN REVIEW - MR. ROBERT GORE REPRESENTATIVE, PRESENT. Addressing the board members, Mr. Robert Gore introduced himself as the developer of the third phase at Enclaves of Boca Cove. At last week's meeting, said Mr. Gore, Mrs. Leng questioned the rear decks and landscaping which were vague on the submitted plans. New land- scape plans depicting the decks with plantings and the floor elevation which is 18" above the crown of the road were drawn up for review at this meeting, said Mr. Gore. Regarding the floor elevation, Mr. Gore stated that it also notes on the new plan "or the mean elevation above flood level, whichever is greater". It has to be determined whichever is greater, said Mr. Gore, and that is the one that we will go with. Mrs. Leng requested the new plans show the means of landscaping around the decks. The Community Appearance Board will determine the landscaping, said Mrs. Leng, but we have to be sure that they have the means to do the • planting. I PLANNING BOARD Special Meeting • June 19, 1985 Page 7 of 11 The new plan showing raised planters was questioned by Mrs. Leng. The existing planters, explained Mr. Gore, are raised planters. The eleva- tion of the deck above the seawall is about 3' (the planter follows the elevation of that deck) it is all one grade, continued Mr. Gore. Earth will be placed down and trees will be planted in squares of soil in keeping with the landscaping of Phase I, said Mr. Gore. Mr. Gore was asked to return to this special meeting because the decks with the landscaping were not shown on the plans that he requested be approved. Mr. Gore said he wasn't aware of height restrictions affecting this particular project. The townhouses are in a multi -family zoning. They will be two story structures with matched pitch of roof (one story lower than the existing structure) said Mr. Gore. Responding to Mr. Blosser's inquiry of overall height, Mr. Gore said it is 35' to the peak of the roof because there is a 6/12 pitch to match the existing architecture. Building Official Sutherland was asked to comment on the height issue. is Mr. Sutherland said the project is in the RML-1 zoning which allows a maximum height of 30'. Plans did not show what the crown of the adja- cent road was, said Mr. Sutherland, and the determination of the height of the building is in relation to the crown of the adjacent road. Mr. Gore said he didn't understand the height of 30' because if you take the existing grade of the crown of the road, the peak of the roof would be 35' and the existing buildings are 44' high. As far as an overall height, Mr. Gore said he is actually a lower elevation than what is out there now. Building Official Sutherland said the buildings that were constructed a few years back should have had a maximum height of 30'. (Mrs. Leng said no variances were granted for those structures.) Continuing, Mr. Sutherland said the existing structure is not in compliance with our zoning. Mr. Sutherland stated that Mr. Gore would not be able to build those buildings at that height without a variance from the Board of Adjustment, if they would be willing to grant one. Per our zoning, said Mr. Suther- land, the maximum height in that area is 30'. 0 PLANNING BOARD Special Meeting • June 19, 1985 Page 8 of 11 Mr. Blosser said a variance would not be granted because it is a self- created problem that has nothing to do with the configuration of the land. Mr. Gore would be well advised, continued Mr. Blosser, to meet the Town Code. Mrs.Leng said Mr. Gore is trying to make the project look aesthetically right. Perhaps, continued Mrs. Leng, we should go down there and see what a flat roof would look like at that project. Mr. Gore said there is some conflict regarding this matter. According to the documents Mr. Gore studied on the 30' height restriction, the previous developers were not in violation because the height restriction and the zoning in effect at that time was 451. Mr. Gore agreed not to make the roofs flat while lowering the pitch in order to comply with the 30' height restriction. Chairman Saunders said he would object if Mr. Gore would downgrade the architecture or the aesthetics of the project. Mr. Sutherland said he would not okay a part of a plan that does not • conform to the zoning. The roof should be lowered to 30', continued Mr. Sutherland, or if Mr. Gore wants to keep the roof higher, he has the right to go before the Board of Adjustment to request a variance. Mr. Gore said he will make changes required and submit the plans for a final site plan review by the Planning Board on July 10, 1985. Chairman Saunders called a temporary recess at 10:30 A.M. to make an on site inspection of the Monterey House satellite antenna location. MONTEREY HOUSE SATELLITE T. V. ANTENNA (CONTINUED) At 11:05 A.M., Chairman Saunders reconvened the meeting and noted that Regular Member Raymond F. Blosser, who was present prior to the recess, did not return to Town Hall for the continuation of the meeting. Chairman Saunders said three members in attendance constitutes a quorum. Vice Chairman Rome said the members looked at the Monterey House site for ground mount installation and would like to ask the Town Attorney some questions. Technically, said Mrs. Rome, it is on top, of their garage roof; but, technically, it is also their grounds because they landscaped it exten- sively. The area is completely grassed and sodded; there is a putting PLANNING BOARD Special Meeting is June 19, 1985 Page 9 of 11 green and shuffleboard court. The building starts on that level with the balconies, entrances and exits at that level. A stairway goes down to the pool --it is a large area. Personally, continued Mrs. Rome, I would not consider this a garage roof and I would like a legal opinion. Town Attorney Friedman said the Town Ordinance pertaining to satellite antenna systems does not define the term of roof top or ground mount and there is no definition in Chapter 30 of what 'ground' is considered. If one speaks of a ten story building where a developer places earth on it to call it ground, that would be defeating the intent of the ordinance, continued Mr. Friedman. Mrs. Leng pondered the fact that perhaps the Planning Board would be setting a precedent as Highland Beach has many garages under buildings. Attorney Friedman said the safest way to handle this matter would be to consider it a roof top dish with the proviso that, though the policy generally is not to approve roof top, the safety considerations dictate something else. The Town Commission, said Mr. Friedman, can make the determination as to whether they consider it a roof top. is Chairman Saunders said, in his opinion, it is definitely not roof mounted. Continuing, Chairman Saunders said the area has a full grown tree, approxi- mately 25' high, on the grade. The chairman recognized Mr. Robert Myers of Monterey House who stated that he recognized the board's problem in trying to find a definition for that particular area and suggested the worn 'mezzanine' be used to describe the recreation facilities on the garage roof. Mr. Myers said it was out of necessity that this so called 'mezzanine' area was created. Building Official Sutherland said, in his opinion, the intent of the ob- jection to the roof top structure and the mention of the roof top struc- ture is the high elevation of 110'/100'/90', where there are heavy wind - loads. Mr. Sutherland said we are sort of getting into semantics when, even though the garage does have a roof top, the intent and the objection to the roof top structures was the heavy wind -load at these high elevations. Attorney Friedman's recommendation to reserve the question of interpre- tation of the meaning of ground mount and roof top, said Building Of- ficial Sutherland, would be the best solution. • The Building Official said that in his opinion, a 150 lbs. piece of equipment, mounted on a massive structure like a garage roof, is many, many times stronger than most things in Town; and, the setbacks are okay. I PLANNING BOARD Special Meeting • June 19, 1985 Page 10 of 11 Chairman Saunders said the Town Attorney prepared a 'HOLD HARMLESS AGREE- MENT' which has to be signed by Monterey House Condominium Association. Having made an on site inspection, said Chairman Saunders, with the thoughts fresh in our minds, I feel I am prepared to take a vote on it and send it to the Town Commission with our recommendation. Mr. Vargas of Empire Group said the engineering and design criteria that has to be met, per the Standard Building Code, Section 1205, for any structure 0 at grade level to 30' is a wind -load specification of 29 lbs. per square foot. The engineering will not change unless you go beyond 30'. Chairman Saunders said his chief concern is that the Planning Board should not set a precedent for future projects and developments within Highland Beach. Mr. Sutherland suggested perhaps the code should be revised to read that an application would have to go to the Town Commission on any elevation over 301because the engineering for the fabricated structure is the same at ground level as it is at 28'. After you get over 30', continued Mr. Sutherland, your wind -load starts to pick up. • Attorney Friedman said the test is not whether it is a roof top antenna, the test is "is it a ground mount". Town Commission approval is neces- sary except for ground mount antennas --if it's in between, said Attorney Friedman, it may not necessarily be ground mount. Mr. Schneider agreed to take some photos of the area where the installa- tion is planned and submit same to the Planning Board. Members agreed that a resolution, in the form of a MOTION, be made and sent to the Town Commission, with photos of the site, for their Workshop Meeting scheduled for June 25, 1985. The MOTION by Mrs. Rome, seconded by Mrs. Leng, was as follows: "Be it resolved that because the Planning Board cannot definitively state that the Satellite Antenna System proposed by Monterey House Condominium Association is a ground mounted antenna system, we have decided to approve the proposed Satellite Antenna System Plans dated June 19, 1985, which plans call for the installation of a Satellite Antenna System on the landscaped area on top of Monterey House Park- ing Garage, subject to the approval of the Town Commission; and further recommends that the Town Commission approve the Satellite Antenna System subject to the Condominium Association of Monterey House entering into a 'HOLD HARMLESS AGREEMENT' with the Town, proposed copy of which is attached to this resolution. PLANNING BOARD • Special Meeting June 19, 1985 Page 11 of 11 The Planning Board has determined that the requirements with re- spect to safety under Section 2, Paragraph 5 of Ordinance #440 have been met. The Planning Board also notes that the height of the garage is only 12' . The Planning Board also wishes the Town Commission take note of the fact that the Standard Building Code wind - loading design factor involved at 12' elevation is the same as a ground mounted installation." A roll call vote resulted as follows: Mrs. Leng 'aye' Mrs. Rome 'aye' Mr. Saunders 'aye' Mr. Blosser was not present for this portion of the meeting therefore he did not vote. He subsequently informed the recording secretary that he had deliberately absented himself in protest of the procedures fol- lowed because he regarded them as improper and possibly illegal, and asked to be so recorded. • Mr. Schneider thanked the board members for their understanding and cooperation regarding this matter. �J A brief discussion followed regarding the swimming pool in the front yard at the Barnes residence. Mr. Sutherland said due to the zoning, Barnes could not fence in the pool. Because of an 18' drop, they were required to erect a 42" railing. Landscaping at that site was to screen the pool from view of AlA. The Building Official will follow up on this matter. Mrs. Rome made a MOTION, seconded by Mrs. Leng, to adjourn the meeting. Chairman Saunders adjourned the Attest: L_V_� Date: amk D. R. Rome, vice Chairman . Blosser A. Leng