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1988.03.09_PB_Minutes_Regular (2)TOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD PUBLIC HEARING - MINUTES March 9, 1988 9: 30 A.M. The Public Hearing of February 24, 1988, was reconvened by Chairman Ward on March 9, 1988, at 9:30 A.M. in the Commission Chambers at Town Hall. The Recording Secretary called the roll. Present were Regular Members J. E. Ward, M. A. Waldman, A. R. Keller, A. Leng and Alternate Member R. M. Gregerson who acted in the capacity of Regular Member. Absent from this Public Hearing was Alternate Member A. J. Harbin. Also present were Town Attorney T. E. Sliney, Building Official B. Sutherland, Recording Secretary A. Kowals, Attorney S. Benson represent- ing applicant John Petrenchik, and members of the general public. Chairman Ward noted the purpose of the continuation of the Public Hearing is for a site plan review requesting two dolphin pilings for the property located at the Shamrock I Condominium, 1011 and 1015 Russell Drive, (Lots 21 and 22, Highland Beach Isles). The Planning Board, stated Chairman Ward, wishes to conclude this matter • as, to date, no action has been taken. The attorneys have draftee a Re6oiution regarding this site plan application; this does not mean that the Board has decided on the issue, continued Chairman Ward. Chairman Ward noted that at the last Public Hearing, it was erroneously stated that owners were permitted to rent out their dock space. Further research revealed that Chapter 30 of the Highland Beach Code of Ordi- nance relating to Accessory Uses permits no commercial rental (Section 4.3 (b), page 30-6). Chapter 30, Section 5.2 (b) (1) reads in part, continued Chairman Ward, "Such facilities shall be used only by resi- dents on the property or their guests". Chairman Ward informed the Members that Attorney Benson drafted a coven- ant which was submitted to our Town Attorney. The public will be asked to comment on the covenant and the Board will decide if the covenant protects the interest of the residents. Attorney Benson advised the Board that she worked with our Town Attorney on a restrictive covenant which had been revised and returned to her office. The resolution which was drafted by your Town Attorney is acceptable to Mr. Petrenchik, stated Attorney Benson. The Restrictive Covenant and Equitable Servitude, a copy of which is attached to and made a part of these minutes, was read into the record by Attorney Benson. Continuing, Attorney Benson stated their dock would not protrude into . the canal, they would use the pilings rather than the whips, they are recording the covenant so it can not be amended and they have tried to take care of the concerns of the surrounding property owners. y PLANNING BOARD Public Hearing - Minutes . March 9, 1988 Page 2 of 4 In discussing the location of the pilings, Attorney Benson advised that the property is 200' wide and Mr. Petrenchik is proposing that the two dolphin pilings be placed on the westerly side of the property. Attor- ney Benson stated she would mark the location on the sketch. Building Official Sutherland noted that the two dolphin pilings would be located 50' and 100' from the West property line. When Vice Chairman Leng requested the Building Official indicate on the plan where the pilings will be placed, Mr. Sutherland stated that the first dolphin piling would be at the West end of the lot, 50' from the property line with a space of 50' between the pilings which would situate the second piling 100' from the West end of the property and they would extend 18' out from the dock. Town Attorney Sliney explained that the document, if approved, is a covenant which runs with the land; it would be picked up on anything relating to the unit and it can not be removed unless the Planning Board of Highland Beach agrees or unless the dolphin pilings are removed. If approved, it would be recorded, with the issuance of a permit, once it is signed by the Condominium Directors. Once it is recorded, it can not be released until the Planning Board officially releases it; you require a good reason to release it, continued Attorney Sliney. The Code Enforcement Board of the Town of Highland Beach would have • jurisdiction over this restrictive covenant if it were being maintained in an inappropriate manner, said Attorney Sliney. Chairman Ward requested residents in the audience make comments at this time. Dolores Gardella of 1106 Bel Air Drive stated each of us own property in the area where a certain space for boat docking is allowed. That area would not accommodate a large boat therefore, said Mrs. Gardella, it is her feeling that the condo gave up space for this boat. The space is for the particular owner and I do not know if I agree they have given up their space; this is not covered in the covenant, continued Mrs. Gardella. Mr. Donovan of 1106 Bel Air Drive stated his concern is the dolphin pilings will be in place and some people do break laws; if they dock perpendicular, we will call the Code Enforcement Officer and see what is done about the matter. Residents were advised that the Code Enforcement Officer has the authority to issue a citation for a violation. The Code Enforcement Board acts on the citations. Where there is noncompliance, the Code Enforcement Board will issue an ORDER allowing a certain number of days in which the violation must come into compliance. • PLANNING BOARD Public Hearing - Minutes . March 9, 1988 Page 3 of 4 Attorney Benson noted that one of the residents is concerned about the rights of other unit owners in the Shamrock Condominiums; that is an internal matter of the condominium where they have internal rules and the owners.have agreed to Mr. Petrenchik's application. Town Attorney Sliney added that all the unit owners approved this request and when the covenant is approved and signed by their Board of Directors, they are representing that all condominium owners approved this matter. When Chairman Ward asked the Board Members to comment, Mr. Gregerson stated that he felt the covenant covers what was discussed at the last meeting; Mrs. Leng had no other questions or comments; Mr. Waldman said he wants to make sure the neighbors are happy with the covenant and if there are no comments to the contrary, the Board will assume the neigh- bors are satisfied. Mrs. Spadafina of Russell Drive questioned if this means anyone who re- quests dolphin pilings will get permission. Chairman Ward advised that everyone has the right to petition for a dolphin piling and any future application will be considered on its own merit. Following the discussion and comments, Chairman Ward called for a MOTION. MR. KELLER made a MOTION that the petition to construct two pilings on . the dock space of 1011 and 1015 Russell Drive be granted providing for two pilings 18' out from the dock, the first one being 50' from the West end of the property and the space between the two pilings being 50', and the Eastern piling being 100' from the Eastern end of the property, subject to the restrictive covenant "RESTRICTIVE COVENANT AND EQUITABLE SERVITUDE" as discussed at the March 9, 1988, Public Hearing, being signed and approved by the Board of Directors of the Condominium. At Vice Chairman Leng's recommendation, Attorney Benson initialed, dated and marked the plans to indicate where the dolphin pilings will be placed. VICE CHAIRMAN LENG then seconded the MOTION. A roll call vote resulted as follows: Mr. Gregerson 'aye' Mrs. Leng 'aye' Mr. Keller 'aye' Mr. Waldman 'aye' Mr. Ward 'aye' Upon proper MOTION, Chairman Ward adjourned the Public Hearing of the Planning Board, Town of Highland Beach, Florida, at 10:10 A.M. 0 . PLANNING BOARD Public Hearing Minutes March 9, 1988 Page 4 of 4 • •