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1975.04.14_BAA_Minutes_Specialr MINUTES: BOARD OF ADJUSTMENT - SPECIAL MEETING - APRIL 14, 1975, PETITIONS - OCEAN PINES (PALMCO DEVELOPERS) AND ABERDEEN ARMS • ASSOCIATION, INC. Chairman Horton called the meeting to order at 10:35 A.M., advising this was a special meeting to hear the petitions for relief from the Sign Ordinance from Palmco Developers (Ocean Pines), Thomas H. Shaw, President, 3009 South Ocean Blvd., Highland Beach, Florida, 33444, and Aberdeen Arms Association, Inc., 4750 S. Ocean Blvd. Highland Beach, Florida, 33444. Agenda is Attachment "A". Present - L. Y. Horton, F. C. Scofield, W. J. Wernecke, Lloyd E. Brotzman. Absent - George K.Whyte, Royce C. Frederick. Also present in audience were Town Manager Elaine W. Roberts and Mayor Morton E. Gilday. MINUTES The Chairman advised minutes of the meeting of March 17, 1975, having been examined and approved, reading thereof was waived. Chairman Horton re- quested a motion for approval, Col. Scofield offered the motion with Mr. Wernecke seconding. The minutes were unanimously approved. 0 NEW BUSINESS The Petition from Palmco Developers, (Ocean Pines) (Attachment "B ") was read by the Chairman, who noted the petitioner anticipated the issuance of a certificate of occupancy before one half of the available units were sold, and was requesting permission to allow the existing temporary sign to remain until 901% of the units were sold. A general discussion followed, relative to the size of the present sign,(4' x 8') and the approved size of a permanent sign. Replying to Col. Scofield's question relative to the issuance of a certifi- cate of occupancy, Chairman Horton noted this certificate is issued at the discretion of the Building Official, when buildings are safe for occu- pancy and all requirements of the Town Ordinance and the Southern Standard Building Code have been met. Col. Scofield read that part of Section 23.7.f.1., relating to the time limit for building signs, noting temporary signs advertising the premises for sale, lease and/or rent are to be removed when a C.O. is issued. Dis- cussion followed. Chairman Horton suggested the Board consider the time when the Condominium association is to be formed in relation to the re- quest for the sign(s) to remain until a 900% sen out point is reached. Mr. Wernecke suggested a determination be made as to requirements for location of sign,Chairman Horton asked the Building Official, Mr. J. P. O'Grady to speak on this matter at the Public Hearing to be held at a later date. Page -2- MINUTES: BOARD OF ADJUSTMENT - SPECIAL MEETING - APRIL 14, 1975, • PETITIONS - OCEAN PINES (PALMCO DEVELOPERS) AND ABERDEEN ARMS ASSOCIATION, INC. The question of a possible need for revision of the sign ordinance due to present economic conditions and the effect on reasonable time for selling, was discussed by Col. Scofield and Mr. Wernecke. Chairman Horton noted heretofore, units have been sold out prior to completion. Chairman suggested, in the event the Board considered the sign ordin- ance unduly restrictive, following the Public Hearing the Town Commission may be requested to propose an amendment allowing use of a temporary sign until a condominium association is formed. A discussion followed concerning the size of the present sign (4' x 8') and the allowed 3 ft. sign which may read "For Sale". Col. Scofield suggested future petitions should specify the exact section of the Code of Ordinances from which the petitioner is requesting relief. Chairman Horton suggested May 6, 1975, 10:00 A.M., be set as a date and time for a Public Hearing with due public notice and proof of publication, to hear the petition of Palmco Developers if warranted. Mr. Wernecke offered the motion, Mr. Brotzman seconded. All present voted aye. The • motion was approved unanimously. The petition from Aberdeen Arms Association, Inc., was presented (Attach- ment "C "). Chairman Horton read Mr. Thomas L. Delaney's letter of April 9, 1975, addressed to Town Manager E. W. Roberts advising of the withdrawal of prior objection filed by Boca Hi, Inc., in the matter of an entryway sign reading "Aberdeen Arms". Attachment "D [I - Mr. G. B. Ritter presented a proposed sign to be erected atop the existing 10 sq. ft. 2 sided Boca Hi sign. The petitioner requests relief from the sign ordinance for a period of 12 months and described undue hardships re- sulting from difficulties in identifying Aberdeen Arms. Col. Scofield queried the need for a temporary sign if Boca Hi, Inc., proceeded with planned development. Mr. Ritter noted future requirements might change for both signs. Mayor Gilday, in audience, suggested the sign might be temporarily stored at the Town Hall if desired by the petitioner. Mrs. Roberts noted for the record, that assurances of approval of the sign had been given by several Aberdeen Arms Association, Inc., owners, not by the Highland Beach Town Manager or Building Official. Chairman Horton advised the chair would entertain a motion to advertise a Public Hearing to be held on Tuesday, May 6, 1975, at 10:00 A.M. with due •Public Notice and proof of publication. At this time the petition by Aberdeen Arms Association Inc., will be heard. Col. Scofield offered the motion, Mr. Wernecke seconded. Messrs. Wernecke, Scofield, Brotzman Page -3- MINUTES: BOARD.OF_ADJUSTMENT_-_-SPECIAL-.MEETING APRIL 14,,1975, PETITIONS ER OCEAN PINES _(PALMCO DEVELOPERS) AND ABDEEN ARMS ASSOCIATION, • INC. and Horton, voted aye. The motion was unanimously approved. In an ensuing discussion of the sign ordinance, Chairman Horton noted any recommended revisions in this ordinance may be made to the Town Commission. The Chairman advised that the Board might prepare suggestions of various sign sizes if this seemed reasonable. This to be discussed at the Public Hearing. A general discussion of signs and the sign ordinance followed. Chairman Horton recommended a roll call vote be taken on decisions at the Public Hearing in the following order - The Vice Chairman, Secretary and then the remaining members in order of their tenure. In the event the two latter members have identical dates of appointment, the member whose term expires first will take precedence. Following these members, the Chairman will cast his vote. Chairman Horton stated he considered it the responsibility of the Chairman to break any ties if there should be any. This procedure would eliminate the possib- ility of the youngest member of the Board breaking a tie. Col. Scofield, noting Chapter 30 Sec.9.4 of the Code of Ordinances, ques- tioned the majority vote as it might apply to the sign petitions. Dis- is cussion followed concerning the majority vote or the 4 out of 5 vote in relation to the sign ordinance. Mr. Brotzman questioned the difference in a temporary and/or a permanent certificate of occupancy. Chairman Horton advised when a C.O. is granted, the sign ordinance is applicable and the large for sale -sign must come down according to Chapter 23 of the Code. In reply to Mr. Brotzman's question as to whether the Board was required to reach a decision at a Public Hearing, Chairman Horton advised it was not. T he Board of Adjustment may reconvene at a later date. Col Scofield read from page 4 of the Operating Procedures, para.4.g, Public Hearing, setting forth this instruction. There being no further questions or discussion, the Chairman called for a motion to adjourn. Mr. Wernecke offered the motion to adjourn, Mr. Brotzman seconded. The meeting was adjourneyY by Chairman Horton at 11:40 AM. APPROVED :-z. L Y. Rio t irman z • George K. WWyte \ William J. ernecke Lloy Brotzma Col. Frank C. Scof eld, Jr. f - C...- Col. Frank C , Scofiel , Jr., Secr ary Lucille S. MiLler-Rec. Secy.