1975.05.28_BAA_Minutes_RegularMINUTES: BOARD OF.. ADJUSTMENT_- PUBLIC HEARING - S INDO INVESTMENTS
INC. PETITION - SIDE SETBACK VARIANCE - MAY 28, 1975.
• Chairman Horton called the meeting to order at 2:15 P.M., advising this
was a Public Hearing with due public notice called for consideration and
discussion of the petition of Sindo Investments Inc.. The Agenda is
attachment "A".
Present - Mr. Wernecke, Col. Scofield, Mr. Horton, Mr.
Hartkopf.
Absent - G. K. Whyte, L. E. Brotzman, R. C. Frederick.
Chairman Horton called on Building Administrative Official, J.P.O'Grady
for comment. Mr. O'Grady presented an artists drawing of the proposed
plans and outlined a description of the side setbacks for single and two
story buildings as indicated in 5.13 (a) 3, on page 35 of the Town of
Highland Beach Code of Ordinances. A general discussion of the proposed
split level (one and two story) structure as shown, followed.
Mr. Dobrzynski, in audience, presented his reasons for the architectural
design of the proposed structure, and advised that Sindo Investments, Inc.,
was aware of the Highland Beach Code of Ordinance as relates to side yard
setbacks. The variance in design was made to improve the building aes-
thetically.
Mr. O'Grady, Mrs. Dobrzynski, Mr. Dobrzynski ( in audience) and members
of the Board, joined in further discussion of the statistics of the non-
conforming section. Chairman Horton called for further comments or questions
from the audience and members of the Board.
At Chairman Horton's request for comments, Mr. B. R. McKinley, 4315 Tran-
quility Drive, Highland Beach (Bel Lido) advised that residents of prop-
erties adjacent to proposed structure had expressed disapproval of the
design. Mayor Gilday, in audience, inquired as to whether the art works
which Mr. Dobrzynskistaated he planned to create in the studio section of
the property were to be for the purpose of sale, Mr. Dobrzynski advised
they were not.
Chairman Horton read from State Statute 163.225(3)(a) 2 and 3 and presented
Form #4, "Decision on Petition for Variance", Attachments "B" and "C".
A discussion ensued relative to area measurements of the property and
structure in question, with a review of the pertinent Sections of State
Statute 163.225.
Chairman Horton advised the members of the Board that the Chair would
entertain a motion for disposition of the petition. Col. Scofield offered
•the motion for denial of the petition inasmuch as the ordinances specifi-
cally Chapter 30, 9.3.(a)(2) and (3), do not permit granting favorable
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MINUTES: BOARD OF ADJUSTMENT - PUBLIC HEARING - SINDO INVESTMENTS
• INC. PETITION - SIDE SETBACK VARIANCE - MAY 28 1975.
consideration regardless of the aesthetics. Mr. Wernecke seconded. Chair-
man Horton stated the motion, adding the motion was to include State Statute
163.225 (3)(a) 2 and 3 as a source as well. Col. Scofield and Mr. Wernecke
agreed to the addition. The vote was polled, Mr. Wernecke, Col. Scofield,
Mr. Hartkopf and Chairman Horton voting Aye for denial of the petition.
(Attachment "D")
The Chairman advised the members of the Board that the Chair would enter-
tain a motion recommending to the Town Commission and the Planning board
that thought be given to incorporating into Chapter 30 of the Code of
Ordinances provision forsplit level structures so that a variety will
be possible in the Town. Col. Scofield offered the motion, Mr. Wernecke
seconded, there being no further discussion, the motion was unanimously
approved by voice vote. (Attachment 'H")
Chairman Horton noted that the next meeting would be a Public Hearing to
be held Thursday, June 5, 1975, at 2:00 P.M. to hear a petition from the
Highland Beach Ambassadors Corp. for relief from the strict provisions
of Chapter 23 of the Code of Ordinances. A general discussion of the
subject followed.
Under old business, in answer to Col. Scofield's question, Mr. O'Grady
•advised that a certificate of occupancy has not been granted to Ocean
Pines as of this date.
Col. Scofield offered a motion to adjourn the Public Hearing, Mr. Wernecke
seconded. Chairman Horton advised the Public Hearing was adjourned, at
4:00 P.M.
f�
APPROVED: �-
Louis .Horton, Chairman
Wil}.iJ. Wernecke,_ Vice Chrmn.
Col.//,'F. C. ,%cofield, Jr-,S.ep .
Hartkopf,
Col, F. C. Scof eld, Jr. feecretary
•
Lucille S. Miller, Recording Secretary