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1975.05.13_BAA_Minutes_SpecialF, MINUTES: BOARD OF ADJUSTMENT - SPECIAL MEETING - PALMCO DEVELOPERS AND SINDO INVESTMENTS INC..-P TIONS-MAY -13, 1975. • Chairman Horton called the meeting to order at 9:30 A.M. advising the calling of the roll would be waived and stating the Special Meeting was called for consideration of the Petition of Palmco Developers (Ocean Pines) to reach a decision after further deliberation. The Agenda is Attachment "A". A letter from Mrs. Betty Jean Stewart was read into the record (Attachment "B"). Present - L. Y. Horton, W. J. Wernecke, Col. F. C. Scofield G. K. White and L. E. Brotzman, lst Alternate. Absent F. Hartkopf and R. C. Frederick. In audience were Town Manager E. W. Roberts, Town Attorney Thomas E. Sliney, Building Administrative Official, J. P. O'Grady and Commissioner Ruth E. Mumford. Mr. Colby Zebarth in audience, representing Palmco Developers, advised the members of the Board he was appearing in Mr. Thomas Shaw's absence and intro- duced Mr. Jerry Skrandel, Attorney, representing Palmco Developers. Replying to questioning by Attorney Skrandel, Mr. Zebarth advised that •Ocean Pines construction was 95% completed, 45% of the units have been sold, with 31 to be sold. Mr. Zebarth noted an anticipated sell -out period as April 1976. At Attorney Skrandel's request, Mr. George Clark of Penthouse Towers, Highland Beach, Florida, voiced his opinion in favor of the petition- er's request. Summarizing the testimony of Mr. Zebarth and Mr. Clark as presenting the special problem of the developer, Attorney Skrandel recommended that per- mission for. use of the present sign be granted through a 90% sell -out point and asked for consideration from the Board of Adjustment in reason- ably meeting the demands of the developer. Chairman Horton asked for comments or questions. Mr. Michael Dent in audience spoke of the certificate of occupancy as it relates to the sell- out time for the developer. Chairman Horton discussed the signs available if the petitioner's request is approved, a total of four signs on the property, and called for further comments or questions. Mr. Whyte voiced his opinion that the signs should conform to the ordinance. Mr. Wernecke noted the Board can not abridge the Sign Ordinance with regard to a permanent sign. Chairman Horton read from Chapter 23, Sec. 23.(15) Temporary Signs and advised the Board had four , page -2- , MINUTES: BOARD OF ADJUSTMENT - SPECIAL MEETING - PALMCO DEVELOPERS AND SINDO DEVELOPERS - PETITIONS - MAY 13, 1975. • options; 1•) approval of the ( petitioner's request, (2) denial, (3) app- roval with modifications, (4) postponement. Col. Scofield commented he would recommend denial of the petitioner's request. Chairman Horton dis- cussed passing on a suggestion for modification of the ordinance. Following a general discussion, Chairman Horton advised the Chair would entertain a motion to dispose of the petition. Mr. Whyte offered the motion to deny the petition presented by Palmco Developers. Col. Scofield seconded the motion. Polling the vote to deny the petitioner's request, Mr. Wernecke voted aye, Col. Scofield aye, Mr. White aye, Mr. Brotzman aye and Chairman Horton aye. The motion to deny the petitioner's request as submitted was carried. •c Chairman Horton advised he would entertain a motion recommending the Town Commission re-examine the Sign Ordinance and explore the possibility of shortening the time from issuance of a certificate of occupancy to form- ation of a condominium association by permitting a pendant from a permanent sign. Mr. Wernecke offered the motion, Mr. Brotzman seconded, all members voted aye. The motion was unanimously approved., Chairman Horton presented the petition of Sindo Developers, 1545 Miami Road, Fort Lauderdale, Florida, 33316, requesting a variance under Section is9.3,(a) para.(4) seeking relief from a side yard setback ruling (Attach - ment "C"). At the request of the Chairman, Building Administrative Official, John P. O'Grady, presented drawings of the proposed building as submitted by the petitioner. This building to be constructed south of the Bel Lido bridge, Lot 13, Block 1. Chairman Horton advised a date for a Public Hearing with due public notice has been set for May 28, 1975, at 2:00 P.M. , Chairman Horton presented a petition received from the Highland Beach Ambassadors Corp., 3321 South Ocean Blvd., Highland Beach, Florida, 33444, for relief from the specific provisions of Section 23-7 (f-1) of Chapter 23 of the Code of Ordinances of the Town of Highland Beach. Following consideration of suggested dates and times for a Public Hearing with due public notice, Chairman Horton advised the Public Hearing will be held on June 5, 1975, at 2:00 P.M. 1,V A general discussion ensued relative to Chapter 23, Sec. 23-3., Code of Ordinances, Town of Highland Beach, line eight (8) and following. Chairman Horton called for a motion for a recommendation to the Town Commission that Section 23.3. of the Code of Ordinances be amended as follows; "Said application forms shall be supplied by the Town. The C.A.B. will review all applications submitted. Applications will then • be approved or denied by the Code Enforcement Officer. An applicant F, Page -3- MINUTES: BOARD OF ADJUSTMENT - SPECIAL MEETING - PALMCO DEVELOPERS AND SINDO DEVELOPERS - PETITIONS - MAY 13, 1975. • C� C7 who is refused a sign permit may seek relief under the provisions of Section 23.17.". The motion having been offered by Col. Scofield and seconded by Mr. Brotzman, all members voted approval of the motion. There being no further busines, following a motion by Mr. Wernecke, seconded by Mr. Brotzman, the Chairman adjourned the meeting at 11:15 a.m. APPROVED: Col. F. C. Scofie t d, Jr., Secr tary r Lucille S. Miller, Recording Secretary L. Horton, Chairman 0 W. S. Wernecke Col,.Fl C. Scofi ld, Jr. G. K. Whyte i L. E. B