1993.04.28_PB_Minutes_SpecialTOWN OF HIGHLAND BEACH
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PLANNING BOARD
SPECIAL MEETING - MINUTES
Wednesday, April 28, 1993 9:30 A.M.
Chairman Robert L. Lowe called this Special Meeting to order in Com-
mission Chambers, advising its purpose was to review a proposed amend-
ment to Section 6.5 [Nonconforming Structures] of Chapter 30
[Zoning].
Deputy Town Clerk Doris Trinley called the roll. Present were the
Chairman and Members Leonard D. Bell, James F. Morrill, Frank L.
Colarullo and William Maltz. Vice Chairman Arthur R. Keller and
Member Paul R. Kane, Sr. were absent.
Also present were Town Manager Mary Ann Mariano, Town Attorney Thomas
E. Sliney, Building Official Lee Leffingwell, Jim Park, Senior Land
Planner for Gee & Jenson, and members of the general public.
Jim Park was requested to review the language of the proposed ordi-
proposed ordinance, which was done. Included in his remarks, Mr. Park
noted he thought it advisable to define "catastrophe" within the
confines of the ordinance itself, rather than in a separate section of
Code.
Substantial discussion took place regarding that phrase of the
proposed ordinance which stated "...unless the Comprehensive Plan and
the applicable zoning district regulations in effect at that time
permit a greater number of dwelling units." Concluding discussion,
it was the consensus of the members that the phrase was pertinent to
the intent and purpose of the amendment.
At the request of Town Manager Mariano, Building Official Leffingwell
explained that the percentage noted in the present Code, as well as
repeated in this amendment, i.e. 70%, was the percentage applied to
nonconforming [existing] structures, while a 50% figure was applied to
new construction only per the Southern Standard Building Code.
Attorney Sliney advised an advertised Public Hearing would have to
take place before any recommendation on the proposed amendment could
be made to the Town Commission and a MOTION by MR. BELL/MR. COLARULLO
that the Hearing be set met with unanimous favorable vote. The Sec-
retary was asked to coordinate with the Attorney and the members to
set a date which would ensure a quorum as well as accommodate legal
publications.
There being no further business to come before the Board at this time,
.the meeting was adjourned upon MOTION by MR. MORRILL/MR. BELL at
10:05 A.M.
NOTE: A COPY OF THE PROPOSED AMENDMENT IS ATTACHED TO AND MADE PART
OF THESE MINUTES.
dmt
Planning Board
Special Meeting - Minutes
• April 28, 1993 Page 2 of 2
APPROVE:
• ATTEST:
DATE:
E
KODVL L. L"OWeJ/Chairman
iam Maltz
_ /7
April 16, 1993
Mrs. Mary Ann Mariano
Town Manager
Town of Highland Beach
3614 South Ocean Boulevard
Highland Beach, FL 33487
GEE & JENSON
Engineers -Architects -Planners, Inc.
One Harvard Circle
West Palm Beach, FL 33409
Telephone (407) 683-3301
Fax (407) 686-7446
Re: Draft Zoning Ordinance Provisions Applicable to Reconstruction of Destroyed or
Damaged Structures
Dear Mary Ann:
Please note the enclosed draft language prepared pursuant to your directions.
I understand this matter will be considered by the Town Planning Board at a special
meeting scheduled for 9:30 AM on April 28, 1993. 1 plan to attend that meeting.
Please note that I have added descriptive language which I believe will obviate the need
for adding a definition for "catastrophic event."
Very truly yours,
GEE & JENSON
Engineers -Architects -Planners, Inc.
4Jas C. Park, AICP
JCP/lg
87-156.1
cc: Tom Sliney
0 fN
Proposed Administrative Amendment of the Town of Highland Beach Code of
Ordinances, Chapter 30 (Zoning), Regarding Regulations Applicable to the
Reconstruction of a Structure Destroyed or Damaged by a Catastrophic Event
Section 6.5 Nonconforming structures: Where a lawful structure exists at the effective
date of adoption or amendment of this ordinance that could not be built under the terms
of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location
on the lot or other requirements concerning the structure, such structure may be
continued so long as it remains otherwise lawful, subject to the following provisions:
(a) No such nonconforming structure may be enlarged or altered in a way which
increases or extends its nonconformity, but any structure or portions thereof
may be altered to decrease its nonconformity.
(b) Should such nonconforming structure or nonconforming portion of a
structure be destroyed or damaged by any means to an extent of more than
seventy (70) percent of the assessed value of the structure at time of
destruction, or damaae, it shall not be reconstructed except in conformity
with the provisions of this ordinance, except that a residential structure
destroyed or damaged by a catastrophic event such as a fire flood.
explosion collapse wind war or other event may be reconstructed or
repaired without regard to the extent of destruction or damage. provided that
no increase in the building's height number of dwelling units or total floor
area shall be allowed unless the comprehensive plan and the applicable
zoning district regulations in effect at that time permit a greater number of
dwelling units. Reconstructed structures shall be subject to the applicable
fire and building codes in effect at the time of the issuance of a building
permit for the reconstruction.
(c) Should any structure be moved for any reason for any distance whatever,
it shall thereafter conform to the regulations for the district in which it is
located after it is moved.
(d) Those nonconforming multifamily structures predating 1960, undergoing
alterations, shall conform to the safety codes in effect at the time the permit
is obtained, throughout the entire structure.
Note: New wording is shown underlined