1975.03.17_BAA_Minutes_SpecialAttachment "A", "B", "C"
MINUTES: BOARD OF ADJUSTMENT - SPECIAL MEETING - OPERATING PROCEDURES -
SIGN ORDINANCE - MARCH 17, 1975.
• Chairman Louis Y. Horton called the meeting to order at 10:10 A.M. The
Chairman advised this was a special meeting of the Board of Adjustment,
called to review and discuss Operating Procedures of the Board of Ad-
justment (Attachment "A") and to consider revisions of Chapter 23 of
the Code of Ordinances (Signs and Advertising).
Present - L. Y. Horton, W. J. Wernecke, F. C. Scofield, Jr.,
G. K. Whyte, L. E. Brotzman (Alternate)
Absent - R. C. Frederick
Also present in audience were Mr. F. Hartkopf, Jr., (Alternate), Town
Manager Elaine W. Roberts, Mayor Gilday, Town Attorney Thomas Sliney.
MINUTES
The Chairman advised minutes of the meetings of January 6, 1975, and
November 25, 1974, having been examined and approved, reading thereof
was waived. Chairman Horton requested a motion for approval, Col. Scofield
offered the motion, Mr. Wernecke seconded. The minutes were unanimously
approved as presented.
• NEW BUSINESS
At Chairman Horton's suggestion, discussion for recommendations of ap-
proval or changes in the draft of the proposed Board of Adjustment Op-
erating Procedures as presented by Col. Scofield followed.
The proposed Operating Procedures (See Attachment "A", which has been re-
vised in accordance with the Board's decisions) were reviewed with the
following recommendations -
CHAPTER 30
Paragraphs 1 through 4.f., to remain unchanged.
Paragraph 4.g. - delete the word "seventeen", line six,
"Public insert the word "fifteen",
Hearings"
delete the word "seven", line seven,
insert the word "five",
line eleven, add the following, "allowing
at least two extra days for administrative
• purposes".
Paragraph two, "in cases of Special
Exceptions", no change.
rAttachment "A" , "B", "C" Page -2-
MINUTES: BOARD OF ADJUSTMENT - SPECIAL MEETING - OPERATING PROCEDURES -
SIGN ORDINANCE - MARCH 17, 1975.
Discussion followed relative to the differences in time allotment for
•
due public notice as specified in the Highland Beach Zoning Ordinance
and Florida State Statutes 163.170. Attorney Sliney recommended a uniform
time schedule be used for all necessary due public notices for various
Boards and Commissions. Mrs. Roberts agreed on conformity issue. Follow-
ing further discussion, Chairman Horton requested a motion be made re-
questing a letter be written to the Planning Commission recommending a
change in Chapter 30, Zoning, Code of Ordinances, Town of Highland Beach,
Florida,Section 9.2 (b),the first sentence to be replaced with the following:
"Due notice of a public hearing shall be given. The
first such publication shall be at least fifteen (15)
days prior to the date of the hearing and the second
such publication shall be at least five (5) days prior
to the hearing." (Attachment "B".)
Mr. Whyte offered the motion, Mr. Wernecke seconded. All members of
the Board agreeing, the motion was unanimously accepted.
Paragraphs 4.h. thru n. - no change.
Paragraphs 5.a. and b. - no change.
• Paragraphs 5.c. - lines nineteen and twenty-two,
delete "Ordinance", insert
"Administrative".
Paragraphs 5.d. thru 6.c. - no change.
Paragraph 6.d. - line one, delete the word "two".
Paragraph 6.e. thru 7.j.- no change.
Chairman Horton advised that if there were no further questions or
additions, the Board of Adjustment Operating Procedures be formally
adopted as amended. Mr. Whyte offered the motion to approve the
Operating Procedures with the changes as described, Col. Scofield sec-
onded. All members voted acceptance. The motion was approved unani-
mously.
Chairman Horton asked for comments or questions relative to Ordinance No.
241 (Signs and Advertising), and advised Attorney Sliney has written to
the City of Boca Raton for sign ordinance procedures to be presented for
examination at a future Board of Adjustment meeting.
0
Attachment "A" "B" , "C"
•
Page -3-
MINUTES: BOARD OF ADJUSTMENT - SPECIAL MEETING - OPERATING PROCEDURES
SIGN ORDINANCE - MARCH 17, 1975.
Section 23.17 of Ordinance No. 241 was discussed with regard to public
hearings by the Board of Adjustment. Attorney Sliney suggested a
section be included classifying appeals from relief of this ordinance
as variances. The discussion included deviation from sign ordinance
i.e., the issue of builders requesting permission to retain the signs
advertising apartments for sale after certificate of occupancy is granted
and before all apartments are sold. Attorney Sliney recommended all
applications for sign variances and approval of same be handled in the
manner outlined in Sections 153.225 (2) (e) thru 245, of the Florida
State Statutes. Applications for variances are to be made on special
forms provided by the Building Department.
Chairman Horton suggested consulting with other municipalities for com-
ments on their experience with the issue of fees payable for sign permits.
The consensus was, a fee of $150. for sign variances or permits might
be deemed unreasonable. Mrs. Betty Jean Stewart in audience, advised the
C.A.B. had not discussed the issue of sign variances.
At Chairman Horton's recommendation, Mr. Brotzman offered the motion that
procedures be originated and a schedule of fees applicable to petitions for
variances of the sign ordinance to be established. Mr. Wernecke seconded
the motion, all members present voted aye. The motion was unanimously
accepted. (Attachment "C".)
Chairman Horton will report at the next Board of Adjustment meeting as to
a decision from the Town Commission or Building Administrative Official
relative to recommended procedures and cost of fee applicable for sign
variances.
Chairman Horton asked Mrs. Stewart for further comments and/or questions,
there were none. Adm. Farrin, in audience, advised the members of the
Board he was acting as Planning- Commission liaison member,attending the
Board of Adjustment meeting in that capacity and extended an invitation to
the Chairman and members of the Board to attend a Planning Commission
meeting.
There being no further business, Chairman Horton called for a motion to
adjourn, Col. Scofield offered the motion, Mr. Whyte Seconded, all members
of the Board voted aye. The meeting was adjourned '12:35-.-----
APPROVED:
• George K. Whyte
-.� G . C
Lloyd EU Brotzman
Y. Horto ,Chairman
(I
William 9_ Wernecke
or-: LA t
Col. Frank C. cofieldI Jr.
Col. Frank C. Scofield, Jr., cretary
0,
own o
10
0
.J4 41and Reach, Palm &ac4 cou&ty, .71o,ida
3614 South Ocean Boulevard
HIGHLAND BEACH, FLORIDA 33444
305 - 278-4548
April 10, 1975
TO: Mayor Morton E. Gilday
A Workshop Meeting has been called to review a request
for a hearing from the following petitioners,
Palmco Developers, (Ocean Pines)
Mr. Thomas H. Shaw, President
3009 S. Ocean Blvd.
Highland Beach, Florida 33444
Aberdeen Arms Association, Inc.
Mr. G. B. Ritter
4750 South Ocean Blvd.
Highland Beach, Florida 33444
TIME: 10 : 30 A.M.
DATE: April 14, 1975
PLACE: Town Hall
At that time a date for a Public Hearing will be set.
Very truly yours,
ouis Y. Orton, Chairman
Board of Adjustment
cc: E. W. Roberts
M. J. Ciomei
J. P. O'Grady
R. D. Clark
Members Board of Adjustment
C.A.B.
ATTACHMENT "B"
10 in oC' hland
•
0
Aeac4, Al. &ac4 Cou&ty, 51orida
3614 South Ocean Boulevard
HIGHLAND BEACH, FLORIDA 33444
305 - 278-4548
April 1, 1975
Planning Commission
Town of Highland Beach
Highland Beach, Florida 33444
Attention: Mr. Joseph A. Boscove
Gentlemen,
At the last meeting of the Board of Adjustment, it was unani-
mously agreed to recommend a change in Chapter 30 of the Code
of Ordinances of Highland Beach, that Section 9.2.(b), the first
sentence, be replaced by the following:
"Due notice of a public hearing shall be given. The
first such publication shall be at least fifteen (15)
days prior to the date of the hearing and the second
such publication shall be at least five (5) days prior
to the hearing."
This has the approval of the Town Attorney. If you have further
question, I, or a member of the Board will be pleased to attend
your next meeting.
LYH:lm
cc: E. W. Roberts
Members Board of Adjustment
Res tfully�
Loui Y. Horton, Chairman
Board of Adjustment
Attachment "C"
•
•
owls
o . )Q 41and Aeack Patin Each (oumly, 5orida
3614 South Ocean Boulevard
HIGHLAND BEACH, FLORIDA 33444
305 - 278-4548
April 1, 1975
Town Commission
Town of Highland Beach
Highland Beach, Florida 33444
Attention: Mayor Morton E. Gilday
Gentlemen:
As you may know, the Board of Adjustment is trying to set up a
procedure for handling requests for appeals from the sign ordin-
ance (#241) . .
The consensus of the Board is that applicants should apply by
filling in a form provided (it is expected this would be the
standard form for all petitions concerning relief from the Zoning
Ordinance).
We feel further that any hearing should be public and advertised
as such so that potential opposition may be heard. It is also
the consensus of the Board that a fee of $25.00 be posted before
any such hearing be advertised.
Therefore, would you please consider amending the previously
agreed upon fee schedule to include a $25.00 charge for appeals
for relief from the sign ordinance.
LYH : lm
cc: E. W. Roberts
Members Board of Adjustment
Res ctfully,
.-J
Lo 1 Y. Horton, Chairman
Boated of Adjustment