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1987.01.21_CEB_Minutes_Regular0 TOWN OF HIGHLAND BEACH, FLORIDA CODE ENFORCEMENT BOARD REGULAR MEETING - MINUTES JANUARY 21, 1987 10:00 A.M. Acting Chairman Alfred Novak called the Regular Meeting of the Code Enforcement Board, Town of Highland Beach, Florida to order at 10:00 A.M. The Recording Secretary called the roll. Present were Messrs. A. Novak, T. Boepple, J. Sieff and D. Robinson. Regular Member E. Pearlstein was absent. Also present were Code Enforcement Officer A. Abbate, Town Attorney S. Abrams and Recording Secretary/Town Clerk M. A. Mariano. Recording Secretary Mariano read the minutes of the December 17, 1986 Regular Meeting. MOTION was made by Mr. Boepple, seconded by Dr. Sieff, to approve both the Workshop and Regular Meeting Minutes for December 17, 1986. At this time, the election of Officers was taken up. Mr. Boepple nominated David Robinson for Chairman, which was seconded by Dr. Sieff. All members were in favor of this nomination, therefore nominations were closed and Mr. Robinson declared the new Chairman. Mr. Novak nominated Mr. Boepple for Vice Chairman, however, Mr. Boepple declined the nomination. Mr. Boepple then nominated Mr. Novak as Vice Chairman, which was seconded by Dr. Sieff. All members were in favor of this nomination, therefore nominations were closed and Mr. Novak declared the new Vice Chairman. With regard to the election of a Board Secretary, discussion was held later in the meeting and it determined to be in the best interest of the Board to defer this matter until such time as the existing vacancies on the Board are filled. Mr. Robinson then took his seat as Chairman of the Meeting CITATION NO. 2263 - Ingrid B. Knaus - Construction of illegal dock Section 5.2 (d) Under oath, Building Inspector Abbate gave a summary of the events leading to the issuance of the above citation, as well as noting that the dock was still present in violation of Town Code Section 5.2 (d). Chairman Robinson stated for the record that this matter had been deferred from December 17, 1986, in order to assure that due process was • afforded to Ms. Knaus as it was the contention of the violator that advise had been received from the Building Official that legal repre- sentation was not necessary. The deferring of this matter gave Ms. Knaus ample time to have legal representation present, as well as seek any other alternatives which might be feasible in the matter. S CODE ENFORCEMENT BOARD Regular Meeting - Minutes • January 21, 1987 Page 2 of 4 Attorney Arnold Kurzinger, representing Ms. Knaus then addressed the Board. Attorney Kurzinger stated that the problem on the Knaus property was that the lot was pie shaped and that there was not enough of a waterfront property line to allow a dock under the Town Code. Attorney Kurzinger also stated that the dock had been constructed by a previous leasee of this property and the Mr. Knaus had been told by the Town Clerk as well as the Building Official that Mr. Knaus should try to obtain a variance from the Board of Adjustment due to a hardship, which variance would most likely be granted. In this regard, Attorney Kurzinger requested that his client be granted the time necessary to apply to the Board of Adjustment for such variance. The Town Clerk then advised the Board that she and the Building Official had in fact discussed the feasibility of a request for variance before the Board of Adjustment, and that Mr. Knaus had been advised that such variances are sought prior to construction and not after a violation exists. Mr. Knaus was advised by the Building Official that the Board of Adjustment would not be able to grant a variance as a variance is a relaxation of existing Town Codes. With the property line being 26' and 30' of setback required, this would not be a relaxation but a complete disregard for Town Code and could not possibly be approved by the Board of Adjustment. Mr. Knaus under oath then stated that the dock was installed prior to • his purchase of the property and that his hardship should be considered in t e Board's determination of this matter. Mr. Knaus felt that his family had been harassed in this matter. Building Inspector Abbate noted for the Code Enforcement Board's information that previous requests had been made by the previous owner of this property for the construction of a dock, which requests had all been denied. The Town Clerk then read two letters into the record opposing the retention of the dock, the first dated January 16, 1987, from D. A. Baron and A. J. Bonar, adjacent property owners. The second letter read into the record was dated December 31, 1986, from Douglas G. McTaggart, adjacent property owner. Both letters are attached hereto and made a part of these minutes. Mr. McTaggart was then sworn in and addressed the Code Enforcement Board reiterating the points brought out in his letter, noting his dissatisfaction with the Code Enforcement Board in their not issuing an ORDER at the December meeting requiring removal of the dock. Again, Mr. Robinson stressed that the Code Enforcement Board had deferred the matter to assure due process of law to the violator and due to no negligence on the part of the Board. Mrs. Anna Harbin, President of the Bel Lido Property Owners Association, under oath, stated the objections on behalf of the Property Owners 0 46 CODE ENFORCEMENT BOARD • Regular Meeting - Minutes January 21, 1987 Page 3 of 4 Association to any retention of the dock. Mr. Edward Schmidt, Realtor, and neighbor across the canal from the subject property was sworn in and addressed the Code Enforcement Board. Mr. Schmidt stated that the subject property was transferred into the Knaus name in July of 1986, and that observation was had from his property to the construction of the dock in August of 1986. Mr. Schmidt indicated that the house was presently being listed for sale including advertising a dock. Attorney Kurzinger contended that the facts regarding the purchase date and dock construction date given by Mr. Schmidt were wrong. Former Code Enforcement Board Chairman Robert Scholz then addressed the Code Enforcement Board regarding comments made in the McTaggart letter, reiterating his remarks made at the Workshop Meeting held prior to this meeting. There were no other persons desiring to be heard on this matter with the following determinations made: MOTION was made by Mr. Boepple, seconded by Dr. Sieff, that the dock IS located at 4226 Tranquility Drive is hereby declared illegal. This MOTION carried unanimously with favorable votes. MOTION was then made by Mr. Novak, seconded by Dr. Sieff, that the Code Enforcement Board issue its ORDER requiring removal of the dock. This MOTION also carried unanimously with favorable votes. Although Building Inspector Abbate felt that two weeks was adequate time to remove the dock, it was the determination of the Code Enforcement Board that Ms. Knaus be allowed 30 days to remove the dock. Attorney Kurzinger urged the Board to allow 60 days in order to give the Knaus' time to relocate their boat, etc., however, the Code Enforcement Board determined that 30 days was adequate time. At this time in the meeting, Mr. Diran Kaloustian, Talent Bank Applicant, introduced himself to the Board and stated his desire to serve the Town of Highland Beach. CITATION NO. 2265 - Mr. Thomas Gullett - Illegal installation of dolphins at 1020 Bel Air Drive Section 5.2 (d) Building Inspector Abbate, still under oath, stated the Town's case in that Mr. Gullett had installed dolphins at 1020 Bel Air Drive in violation of Town Code which requires prior approval by the Planning . Board, and additionally, no permit had been secured for the installation. 4 • CODE ENFORCEMENT BOARD Regular Meeting - Minutes January 21, 1987 Page 4 of 4 Cormac C. Conahan, Attorney for Mr. Gullett, addressed the Board and read his letter, dated January 21, 1987 into the record. This letter is attached hereto and made a part of these minutes. Attorney Conahan's letter requested that the Code Enforcement Board allow Mr. Gullett enough time to go before the Planning Board prior to making any determination on this matter. Mr. Gullett was then sworn in and stated that he had received proper permitting, etc., for the installation of a dock on his property, however, through inadvertence, he had neglected to follow through with required procedure on the dolphins. Attorney Abrams stated that the Code Enforcement Board certainly had the authority to require that the dolphins be removed as they are in violation, however, a time frame could be allowed in order to give Mr. Gullett the opportunity to seek conformance through the Planning Board, as the dolphins met all other zoning criteria to have been approved if the proper procedure had been followed. MOTION was made by Dr. Sieff, seconded by Mr. Boepple, that the dolphins as installed are illegal and in violation of Town Code. This MOTION carried unanimously with favorable votes. • MOTION was then made by Mr. Novak, seconded by Mr. Boepple, that an ORDER be issued requiring removal of the dolphins within 30 days, should they not come into compliance with the Town Code. This MOTION carried unanimously with favorable votes. The next meeting date of the Code Enforcement Board was set for February 18, 1987, with a 10:00 A.M. Regular Meeting following a 9:30 A.M. Workshop Meeting. This meeting was properly adjourned at 11:15 A.M. APPROVED:" C,t _ Da id Robinson, irman Ca4) ovak,'Vi;ce Chairman Theodore Bbe(bple ATTES Date: MAM/amx