1995.01.20_TC_Minutes_Special« _~ '.~ d
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TOWN OF HIGHLAND BEACH
Town Commission Meeting - Minutes
Special Exception Hearing/Special Meeting
Friday, Januarv 20, 1995 1.30 P M
Vice Mayor Bill Paul called the Special Exception Hearing/Special
Meeting to order in Commission Chambers at 1:30 P.M., advising its
purpose was to review the following:
AN APPLICATION FOR SPECIAL EXCEPTION SUBMITTED BY
MR. AL GIACHETTI RE THE INSTALLATION OF A PAVILION/
BATH/CABANA, DOCK, PARKING AREA AND 3' ELEVATED WALKWAY
WITH GAZEBO/OBSERVATION DECK ON VACANT LOT 57 WEST
(DEGANAHL/OWNER).
Acting Town Clerk Doris Trinley called the roll. The Vice Mayor
and Commissioners Arthur Eypel, David Augenstein were present,
Mayor Arlin Voress was absent.
Town Manager Mary Ann Mariano, Town Attorney Thomas E. Sliney and
Building Official Lee Leffingwell were also in attendance, as were
members of the general public.
~ Having been advised by his aide that Mr. Giachetti had been
detained and would be arriving shortly, it was the consensus to
address the proposed resolution regarding the building of a direct-
connect road to Palm Beach International Airport off Interstate
I-95, a copy of which Ms. Mariano had previously transmitted to the
members, along with an explanatory memo and other related
information.
Ms. Mariano advised that support of this project had been
specifically requested by District IV Palm Beach County
Commissioner Mary McCarty. Discussion followed, which included the
ultimate cost of the project, which was unknown, as well as the
costs to taxpayers if the project was not approved -approximately
$11 million to upgrade existing County roads. It was noted that in
her letter of request for approval, the Commissioner had stated the
project would be undertaken in the most cost effective manner,
utilizing budgeted 80% federal funds and 20% state and airport
funds .
Concluding discussion, MOTION was made by COMMISSIONER
RAND/COMMISSIONER AUGENSTEIN that the Town endorse this project by
means of resolution to be transmitted to Commissioner McCarty.
Roll call met with unanimous favorable.
Vice Mayor Paul then returned to the agenda item at hand, with the
Acting Town Clerk attesting that all legal publication and posting
requirements had been met.
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Special Exception Hearing - Minutes
January 20, 1995 Paae 2 of 4
Building Official Lee Leffingwell was sworn in and stated that the
complete file of the subject application for Special Exception was
available for inspection in the Building Department; also, plans
for the Commission's review were available at this time.
Ms. Leffingwell then have a brief background of the reasons for the
application, which included that Mr. Giachetti planned to build a
single family home on the east lot of the property (No. 57 North),
which was separated from Lot 57 West by State Road AlA. She noted
that this part of the project had already received approval from
the Planning and Community Appearance Boards; the Planning Board,
as required by Code, had also held a Special Exception
Hearing/Special Meeting regarding Lot 57 West and had transmitted
its favorable recommendation to the Commission. She further noted
that the configuration of Lot 57 West was long and narrow and,
because most of it was wetlands, it was improbable that an owner
could get permission for other than accessory usage from pertinent
governmental agencies due to its sensitive environmental
characteristics.
Representing his proposed project, Mr. Giachetti was then sworn in,
• as was Sol Steinberg, a resident of Regency Highland Condominium,
who had questions abut the project.
Mr. Giachetti recapped the reasons for his interest in the lot,
including its complimentary advantage to the previously mentioned
single family home proposed to be built on Lot 57 East (North).
Review of plans and discussion ensued, with Mr. Giachetti answering
questions regarding particulars of the project to the Commission's
satisfaction.
In response to the Planning Board's concern regarding the placement
of the gazebo so it would not be seen from AlA, Mr. Giachetti
assured that this would be done and specifically requested that its
placement as shown n the plans be allowed, as there was very little
"upland" on which to build. In this regard, he noted that along
with appropriate landscaping, a gate to shield the property from
AlA would be installed. He also stated the parking area would
allow for two (2) vehicles only; the elevated walkway would be
built over an existing mosquito control ditch; and the dock would
be "T"-shaped.
Mr. Giachetti further advised that all necessary permits from
applicable government agencies had been applied for, but not
received as yet. In response, Ms. Leffingwell assured that should
the Commission approve the project today, the Town would issue no
permits until all other required permits were granted.
Town Commission
Special Exception Hearing - Minutes
Januarv 20, 1995 Paae 3 of 4
Mr. Steinberg was then invited to speak. As a resident of the
Regency Highland Condominium, which is immediately adjacent to57
West on the south side, he expressed concern that this project
would be available for public use, as well as detract from the view
he and other residents now enjoyed. Mr. Steinberg was assured that
the property would be for private use only, i.e., for whomever
owned the single family home on the east lot and, further, because
of environmental restrictions, the natural appearance of the lot
would remain virtually unchanged.
Vice Mayor Paul then closed the Hearing portion of the meeting and
substantial discussion took place among the Commission and the Town
Attorney, which included exactly what the Commission could approve,
i.e., only the accessory usage of the land, and that all criteria
of Subsection (c) of Section 10 (Special Exceptions) of Chapter 30
(Zoning) had been met.
In conclusion, with advice of Counsel, the following MOTION was
made by COMMISSIONER RAND/COMMISSIONER AUGENSTEIN:
THE TOWN COMMISSION GIVES APPROVAL TO PLANS AS SUBMITTED
WITH THE SPECIAL EXCEPTION APPLICATION BY MR. AL GIACHETTI FOR
ACCESSORY USAGES ON LOT 57 WEST (DEGANAHL/OWNER), TO INCLUDE
THE INSTALLATION OF A PAVILION/BATH/CABANA, DOCK, PARKING AREA
AND 3' ELEVATED WALKWAY, WITH SUFFICIENT LANDSCAPING TO SHIELD
THE ENTIRE PROJECT FROM AlA VIEW.
FOR THE RECORD, THIS MOTION ALSO INCLUDES THAT IN ITS
DELIBERATIONS REGARDING THIS APPLICATION, THE COMMISSION
HAS ACKNOWLEDGED AND CONSIDERED ALL CRITERIA OF SUB-SECTION
(c), SECTION 10 (SPECIAL EXCEPTIONS) OF CHAPTER 30 (ZONING)
FURTHER, WHEN APPROVED, THE MINUTES OF THIS HEARING WILL
CONSTITUTE THE WRITTEN FINDINGS REQUIREMENT OF THAT SECTION
RE THE TOWN COMMISSION'S EMPOWERMENT TO GRANT SUCH SPECIAL
EXCEPTION.
Roll call met with unanimous favorable vote.
Note: Copy of Subsection (c), Section 10, of Chapter 30
is attached to and made part of these Minutes.
There being no further business to come before the Commission at
this time, the meeting was adjourned at 2:10 P.M. upon MOTION by
COMMISSIONER AUGENSTEIN/COMMISSIONER EYPEL.
dmt
• Town Commission
Special Exception - Minutes
Januarv 20, 1995 Page 4 of 4
-ABSENT-
APPROVE:
Arlin G. Voress, Mayor
`~~
Bill,, Paul, Vice Mayor
~~ ~l
Arthur Eypel, Com~f-~ssioner
.~- ,~-~x_t .~ ~~ ~~ ~ ;~,
David Augenste'n „ Commissioner
. Rand, Commissioner
• ~ ,
ATTEST:
DATE : ~~. o ~. ~! ! ~
~• ZONING § 10
special exception is sought and stating the grounds on which
it is requested.
The planning board shall receive the application and hold
a public hearing following the requirements of [subsec-
tions] (b) and (c) on the request. After hearing all pertinent
facts, the planning board shall recommend to the town com-
mission either approval, approval with modification, or dis-
approval of the special exception.
(b) After receiving the planning board's recommendation, the
town commission shall hold a public hearing in the fol-
lowing manner. Notice shall be given at least thirty (30)
days in advance of public hearings. The owner of the prop-
erty for which special exception is sought or his agent shall
be notified by certified mail (return receipt requested). No-
tice of such hearings shall be posted on the property for
which special exception is sought, at the town hall, and in
one other public place at least thirty (30) days prior to the
public hearing.
E (c) The public hearing shall be held. Any party may appear in
person, or by agent or attorney. Before any special excep-
tion shall issue, the town commission shall make written
findings that it is empowered under the section of the or-
dinance described in the application to grant the special
exception; that granting the special exception will not ad-
versely affect the public interest; that there is compliance
with specific rules governing individual special exceptions
of the type involved; that the proposed development, with
conditions and safeguards attached, would be generally coni
patible with adjacent properties and other property in the
district; and that satisfactory provision and arrangement
. ~ has been made concerning the following, where applicable:
(1) Ingress and egress to the property and structures, with
particular reference to automotive and pedestrian
safety and convenience, traffic flow, and access in case
of fire ~or catastrophe;
(2) Off-street parking and loading areas, refuse ~ and ser-
vice areas, with particular emphasis to item (1) above
and to effects on surrounding property;
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$ 10 HIGHLA~1D BEACH CODE I'
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(3) Utilities; location, availability and compatibility;
(4) Screening and buffering; type, dimensions and loca-
tion;
(5) Signs, if any, and proposed lighting;
(6) Required yards and other open space.
(d) Among other conditions and safeguards, the town commis-
sion may prescribe reasonable time limits within which
actions shall be begun or completed or both. Violation of
any conditions or safeguards, when made part of the terms
under which the special exception is granted, shall be
deemed a violation of this ordinance.
(Code 1972, Ch. 30, § 9; Ord. No. 503, § 9, 9-11-84; Ord. No. 574,
§ 12, 1-17-89)
Sec. 11. Variances; conditions governing applications; pro-
cedures.
_ The board of adjustment may, upon appeal in specific cases,
grant such variance from the terms of this ordinance as will not
• be contrary to the public interest where, owing to special condi-
tions, aliteral enforcement of the provisions of this ordinance
would result in unnecessary and undue hardship. A variance from
the terms of this ordinance shall not be granted by the board of
adjustment unless and until:
(a) ~ A written application for a variance and proposed site plan
shall be submitted demonstrating:
(1) That special conditions and circumstances exist which
are peculiar to the land, structure, or~ building in-
volved and which are not applicable to other lands,
structures or buildings in the same district;
(2) That the special conditions and circumstances do not
result from the actions of the applicant;
(3) That granting the variance requested will not confer
on the applicant any special privilege that is denied by
this ordinance to other lands, buildings or structures
in the same district;
(4) That literal interpretation of the provisions of this or-
dinance would deprive the applicant of rights com-
monly enjoyed by other properties in the same district
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