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1988.02.24_PB_Minutes_Regular• TOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD PUBLIC HEARING - MINUTES February 24, 1988 9.30 A.M. Chairman Ward called the Public Hearing of the Planning Board, Town of Highland Beach, Florida, to order in the Commission Chambers at Town Hall at 9:30 A.M. The Recording Secretary called the roll. Present were Regular Members J. E. Ward, M. A. Waldman, A. R. Keller and Alternate Member R. M. Gregerson who acted in the capacity of a Regular Member. Absent from this meeting were Regular Member A. Leng and Alternate Member A. J. Harbin. Also present were Town Attorney L. Mulhall, Building Official B. Sutherland, Recording Secretary A. Kowals, applicant J. Petrenchik and his Attorney, S. Benson, and members of the general public. Chairman Ward noted the Public Hearing was for the purpose of examining a request submitted by Attorney S. Benson on behalf of owner Anida Petrenchik for a site plan review for five dolphin pilings for the property located at the Shamrock I Condominium, 1011 and 1015 Russell . Drive (Lots 21 and 22 - Highland Beach Isles). Attorney Benson addressed the Board and advised that Anida Petrenchik had requested five dolphin pilings at the dock she owns. Having just received copies of letters of objections, we are now asking for three dolphin pilings as there is concern the area would look too commercial. Attorney Benson noted the Petrenchik's property is close to the Intra- coastal which does not have a speed limit and is therefore subjected to rough wave action. The Petrenchiks own a 42' sail boat and they are concerned with the safety and care of their boat. The Coast Guard stated it is much safer "harboring" to use dolphin pilings rather than whips, said Attorney Benson, and they encourage dolphin piling when appropriate. The canal is 150' wide and there are dolphin pilings in the area. Attorney Benson said the dock is 4' wide and they are proposing the dolphins be out 18' from the dock. The Petrenchiks have received approval from the Board of Directors at their condominium. The condo- minium documents ban leasing of dock space as well as living on the boats. These dolphin pilings will be for the use of the owners only. Mr. Waldman stated this Board is concerned with the residents. Many residents are opposing this request and the Members would like to hear some of the objections. • Attorney Benson said she had some photos that illustrate the fact that the Petrenchiks are concerned about rough wake and several pilings should not interfere with anyone's view. Said photos were reviewed by the Planning Board Members. • PLANNING BOARD Public Hearing - Minutes February 24, 1988 Page 2 of 6 When Chairman Ward commented that whips are used for boats that are much larger than the Petrenchik boat, Attorney Benson noted the dolphin pilings are safer and more acceptable; a lot of whips might not be as attractive as a rope tied to a boat that is docked parallel, which boat would not protrude out into the canal. Mr. Petrenchik advised the Members that he will only need two dolphin pilings but is requesting three rather than five as noted on the original application. Chairman Ward invited members of the public to come forward and present their comments. Mr. Spadafina of 1105 Russell Drive cited Chapter 30, Section 3.3 of the Town Ordinance which prohibits rentals in all zoning districts. Approximately 1/3 of the boats in the canal are rentals; rentals are difficult to control. Mooring whips would secure the boats safely; dolphin pilings are not necessary to secure a boat unless you are moor- ing the boat perpendicular to the dock. We must stop commercializing the area, continued Mr. Spadafina. When Mr. Waldman asked Mr. Spadafina if he would object to two dolphin •pilings with boats having to be parked horizontally, he replied that he would have no objection, however, he has seen nothing in the Town Ordi- nance that prohibits parking boats perpendicular to the dock. Building Official Sutherland also stated there is nothing in the Town Code to say one can not park perpendicular to the dock. Chairman Ward then asked Mr. Spadafina if the Board received a covenant from the petitioner stating they will not rent nor park perpendicular to the dock, would that satisfy his objections. Mr. Spadafina replied in the affirmative. Mr. Donovan of 1106 Bel Air Drive noted that if the Town allows addi- tional pilings, it will look like Las Olas Isles in Ft. Lauderdale where boats are parked perpendicular to the dock where you have pollu- tion of the water, loud music from the boats and loud parties during the weekends. There is nothing to prevent them from parking their boat perpendicular to the dock. This will bring more cars to Highland Beach where parking is limited, it will require more dumpsters for trash, we will need more police and our taxes will go up, continued Mr. Donovan. When Chairman Ward asked Mr. Donovan if he would still object if the applicant gave the Planning Board a covenant, Mr. Donovan replied that if there were a guarantee to prohibit perpendicular docking and a effort was made to prevent dock space rentals, we would go along. •Mr. O'Keefe, a Bel Air Drive resident, stated he does not like to wake up with diesel engines running. The Board will set a precedent for the Town if they allow the two dolphin pilings. I could not agree to this • PLANNING BOARD Public Hearing - Minutes February 24, 1988 Page 3 of 6 request --I am against it. I would keep my 45' boat at a marina which is safer, continued Mr. O'Keefe. Mrs. Gardella of 1106 Bel Air Drive stated she strongly objects to any of the additional dolphin pilings as she does not want to look at them. The big boats block the view of a pretty area in Highland Beach. The Town loses a lot of its charm with these dolphin pilings. Mr. Boulay a resident on the North side of Bel Air Drive stated his canal faces Bel Lido and is approximately 1/3 to 1/2 as wide as the canal in question. If this is allowed in his canal, continued Mr. Boulay, they will be unable to move their boats. Many of the docked boats are not owned by residents in that area therefore it would create a parking problem, said Mr. Boulay. Mr. Paul of 1126 Russell Drive, residing on the South side of the street, said this might be used in a request for dolphin pilings on a much narrower canal. The Town Commission has started the process to have a speed limit on the Intracoastal Waterway. Mrs. Spadafina of 1105 noted that Highland Beach is only 3 miles long and one block wide; the little beauty we have left should be kept. The iscanals should be kept free of dolphin pilings so we can enjoy the beauty and quiet of our Town. Mr. McPhillips of 1011 Russell Drive said he lives where the pilings are proposed and he assures the residents there will be no dock rentals as the docks are used by residents of the condominium. Mr. Petrenchik is concerned about the safety of his boat and the condominium association is interested in keeping the beauty of Highland Beach therefore it would allow no commercial operations at any future date, continued Mr. McPhillips. Attorney Benson noted her client is willing to place a condition on the request that will forbid dock space rental and perpendicular boat dock- ing. Boats would be parked parallel to the dock. We can record some- thing in a public document that will protect the residents. Mr. Waldman said he sees a lot of problems if we grant this request as it will be setting a precedent. Our duty is to the people of the Town, and those people opposing this request have valid reasons. Attorney Benson said most objections are from residents of Bel Air Drive where there apparently was a problem with dock space renting. The City should restrict this practice and consider changing the Ordi- nance. Our canal is wide enough to safely accommodate the pilings which are more attractive than the whips, continued Attorney Benson. • Mr. Petrenchik said the condominium provides 12 off-street parking spaces for automobiles. The question is simply pilings or whips and my • PLANNING BOARD Public Hearing Minutes February 24, 1988 Page 4 of 6 concerns align with most of these objections. I do not want noisy parties, people living on boats or commercial rental; the only question is the parking of boats, continued Mr. Petrenchik. Mr. Waldman noted that pilings increase the amount of docking spaces and if boats are parked perpendicular to the dock, you could get two boats into one space. We will be setting a precedent for the Town and others will request dolphin pilings. Mr. Keller noted that each decision of the Planning Board is based on the merits of the case itself. Some future Board may permit perpendic- ular parking at which time the residents will have a chance to object, said Mr. Keller. Mr. Donovan advised the Members that he has a large bumper that acts as a cushion to protect his boat; and, without a dolphin piling, he could not park his boat perpendicular to the dock. Mrs. Spadafina stated most of the residences in the area are triplex and fourplex structures and each boat is the size to fit the dock; the larger boat should be docked at a marina. isMr. Spadafina said he is sure that Mr. Petrenchik's intentions are honorable. He informed the Members there had been a 45' boat docked across the canal, where there is a table for cleaning fish, that was used for chartering. That boat would leave at 5 A.M. (their diesel engine running), return at 3 P.M. and clean fish on the dock until 6 P.M. This has been our experience and we are concerned about the future, continued Mr. Spadafina. In a discussion regarding dock space rentals, the Building Official advised the Members that the way the code is written in reference to rentals does not specify dock space; but, the Town takes the stand that one can not rent out the dock to outsiders --it would be interpreted as commercial. Mr. Waldman said there are too many objections and he has to go along with the residents, therefore he made a MOTION that this be denied. Mr. Gregerson noted Mr. Petrenchik would put a covenant on the deed that would be passed on to future owners. Upon questioning, Mr. Petrenchik told the Board there is dockage for four boats, with or without dolphin pilings; and the location of the dolphin pilings he requested would be beyond 1015 Russell Drive with a distance of 50' from the West property line and a 100' distance from the East property line. . When Mrs. Gardella stated this meeting should not be taking place because the residents were not notified of the change in the number of dolphin pilings now being requested, Town Attorney Mulhall advised that the petitioner had changed his request to two dolphin pilings from the five he originally requested therefore no new notice is required. . PLANNING BOARD Public Hearing - Minutes February 24, 1988 Page 5 of 6 Following much discussion and public comment, Chairman Ward requested Attorney Benson summarize her position. Attorney Benson reiterated her client is requesting two dolphin pilings along 200' frontage going from the West property line 100' and an ad- ditional 50' for the second dolphin piling, and he will not be abutting any property. Mr. Petrenchik will spend the money for the pilings but he will not be the only one to use same. As far as aesthetics, people who lift their boat out of the water do obstruct the view of others more than would Mr. Petrenchik's dolphin pilings which are not as un- attractive as are the whips. We understand the concerns of the residents but nothing we do can change that; we want safer conditions for the condominium residents as there is a problem with speed on this canal. We think this is a reasonable request and we are asking your to grant a variance on the code as it exists now, said Attorney Benson. Chairman Ward stated this is a matter that requires due consideration of the neighbors and the Board would have to review the covenant that is to be prepared for this request. Mr. Waldman said there was no support of his prior MOTION despite the fact that all we heard was just the advantage that would be for one person. We are here to do the will of the people, within the Code and • Ordinance of the Town. The residents have valid reasons for objecting and I repeat my MOTION that your request for approval be denied. Attorney Benson noted that they are willing to introduce a covenant that would be acceptable to our Town Attorney to be certain the wording is appropriate. We would agree that boats must be parallel parked and no renting be permitted; and we would record that document. Following much discussion, Attorney Mulhall recommended the matter be tabled to allow Attorney Benson draft the appropriate covenant which must then be reviewed by the Town's Attorney. Mr. Keller agreed with Attorney Mulhall and added that would go a long way to satisfy the objection of the residents if they are assured no perpendicular parking of boats and no rental of dock space would be permitted. When Chairman Ward asked for a MOTION, Mr. Keller stated he regretted a decision could not be made today because of the valid objections; how- ever, a provision will be made to get around the objections. Mr. Keller then MOVED that we do not decide upon the merits of this case presently, and we will be called upon to reconvene at the conclu- sion of the proper covenant prohibiting rental of docking space and 40 perpendicular berthing. Mr. Gregerson seconded the MOTION. PLANNING BOARD Public Hearing - Minutes February 24, 1988 Page 6 of 6 A roll call vote resulted as follows: Mr. Waldman 'aye' Mr. Gregerson 'aye' Mr. Keller 'aye' Mr. Ward 'aye' Upon proper MOTION, the Public Hearing of the Planning Board was adjourned by Chairman Ward at 11:20 A.M. ATTEST: G Date: f amk E I APPROVED: I n E. Ward, Chairman (absent) Amelie Leng, Vice Chairman