1979.11.13_BAA_Minutes_Regularr
MINUTES: BOARD OF ADJUSTMENT, PUBLIC HEARING. REQUEST FOR VARIANCE BY
JAMES M. SCHUBERT FOR LOT #128 WEST. 2454 SOUTH OCEAN BLVD.
NOVEMBER 3, 1979.
Chairman Blosser called the Public Hearing to order at 7:35 p.m., advising
• this was a public hearing called in accordance with the requirements of
Chapter 30, Section 4.1(e)(10) of the Code of Ordinances of the Town of
Highland Beach, Florida, for a variance for the property located at 2454
South Ocean Blvd., Highland Beach, Florida, Town Lot No. 128 West, or,
South 50' of Lot 11 A and all of Lot 12 A, Byrd Beach Subdivision of Town
of Highland Beach, Florida.
Present: W. J. Wernecke, F. C. Scofield, Jr., R. F.Blosser,
R. C. Frederick, L. E. Brotzman, E. E. Aldrich (Alt.)
and A. J. Kiefer (Alt.).
Col. Scofield, Secretary, noted receipt of certified copies of proof of
publication and return receipt for certified letters of notification of
hearing sent by petitioner to residents, as required by Town Code of Ord-
inances.
Sec. 4.1(e)(10) Maximum Building Width. One hundred (100) feet; was read.
Following general discussion relative to setbacks at bulkhead on Intra-
coastal Waterway, Col. Scofield moved in the case of Petition for Variance
#979 10 V, as follows:
To approve the following determinations as required for Decision on
•Petition for Variance, Board of Adjustment, Town of Highland Beach,
Florida:
1. Special conditions and circumstances do exist which are peculiar to
the land, structure, or building involved, and which are not applicable
to other lands, buildings, or structures in the same district.
2. The special conditions and circumstances do not result from the action
of the applicant.
3. The variance would not confer on the Petitioner a special privilege
that is denied by the ordinance to other lands, buildings or structures
in the same district.
4. Literal interpretation of the ordinance will deprive the applicant of
rights commonly enjoyed by other properties in the same district under the
terms of the ordinance,specif ically, would deprive him of the right to
build with a twenty-four foot setback.
5. Strict application of the ordinance would result in unnecessary hard-
ship to the Petitioner.
•6. The hardship stated in the Petition is unique and is not shared by all
properties in the same use district.
Page -2-
MINUTES: BOARD OF ADJUSTMENT, PUBLIC HEARING REQUEST FOR VARIANCE BY
JAMES_M. SCHUBERT FOR LOT #128 WEST. 2454 SOUTH OCEAN BLVD.
NOVEMBER 13, 1979 .
•7. The variance would not adversely change the character of the district
and would not adversely affect the value of the adjacent and nearby prop-
erties.
8. The variance would be in harmony with the general intent and purpose
of the ordinance and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare.
9. The reasons set forth in the Petition justify the granting of the
variance and the variance granted is the minimum reasonable variance
that will make possible the reasonable use of the land, building or
structure.
Mr. Brotzman seconded the motion. Mr. Wernecke, Mr. Blosser, Mr. Frederick,
Mr. Brotzman and Col. Scofield voted aye to approve the request for variance.
The public hearing was adjourned at 8:05 p.m.
Following adjournment of the public hearing, Col. Scofield noted the Town
owed Mr. Lloyd E. Brotzman a vote of appreciation and commended Mr. Brotzman
for his continued service to the Town. Chairman Blosser advised there ex-
ists a vacancy on the Board of Adjustment at this time and inquired as to
whether Mr. Aldrich, Alternate, would accept appointment as a regular mem-
ber. Mr. Aldrich agreed to accept an appointment and members were advised
to submit names of any applicants for the vacancy currently existing
following Mr. Brotzman's resignation, to Mrs. Roberts for referral to the
Town Commiss ion .
Mayor Louis Y. Horton addressed the members of the Board of Adjustment and
noted the progress being made in further developing the water supply for
the Town. Mayor Horton indicated a reduction of water consumption by Town
residents to approximately 200 gallons per day per capita would make an
appreciable difference in maintaining the necessary water supply. Mayor
Horton noted a group formed to meet and discuss water conservation will
be meeting on Tuesday, November 20, 1979, at the Town Hall.
Mayor Horton advised that the City of Boca Raton had expressed an interest
in obtaining permission for the use of the Highland Beach well field land,
approximately 8h acres, for recreational purposes. This issue will be ex-
amined by Highland Beach Town Attorneys and the newly formed "WET" Group.
Mr. Frederick suggested that Petition forms for variances, furnish instruct-
ions regarding procedures to be followed by applicants. Mr. Frederick also
recommended that petitioners present a recent survey and proper legal des-
cription which may be obtained from recorded deed at the County Courthouse,
with petitions for variance.
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MINUTES: BOARD OF ADJUSTMENT, PUBLIC HEARING REQUEST FOR VARIANCE BY
JAMES M. SCHUBERT FOR LOT #k128 WEST. 2454 SOUTH OCEAN BLVD.
NOVEMBER 13, 1979.
• ADJOURNMENT
Chairman Blosser noted the next meeting of the Board of Adjustment is
scheduled for Monday, January 14, 1980, at 1:30 p.m. This meeting -will
be an Organizational Meeting.
The meeting was adjourned at 10:00 p.m.
APPROVED:
R. F. losser, C irma
C 1. F. C. Sco t
ie d, Sec I
etary
R. C. Frederick
• Lucille S. Miller
Recording Secretary
0
L. E. Brotzman, Vice Chairman
W. J. Wernecke