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1980.01.14_BAA_Minutes_SpecialMINUTES: BOARD OF ADJUSTMENT. TOWN OF HIGHLAND BEACH, ORGANIZATIONAL MEETING. JANUARY 14, 1980. ELECTION OF OFFICERS ALTERNATE MEMBER. •Chairman Blosser called the meeting to order at 1:30 p.m., advising this was a meeting of the Board of Adjustment, Town of Highland Beach, Florida, held for workshop and organizational purposes. The agenda is Attachment "A". Present: W. J. Wernecke, R. F. Blosser, R. C. Frederick, A. J. Kiefer. Absent: F. C. Scofield, E. E. Aldrich and Lester Levine. Chairman Blosser noted receipt of memo dated January 10, 1980, from Town Manager E. W. Roberts, subject "Board of Adjustment Member's Terms", Attachment "B". Chairman Blosser read Mr. Lester Levine's resume, Attachment "C", and advised the matter open for motion was the appointment of Mr. Levine as second alternate. Mr. Frederick moved to nominate Mr. Lester Levine as second alternate, Mr. Wernecke seconded. All aye votes, Chairman Blosser advised the motion was carried. Town Manager E. W. Roberts, present, was advised by Chairman Blosser of the motion made and carried. Memoranda dated December 27, 1979, from Town Manager E. W. Roberts to the Town Commission and January 2, 1980, "Agenda Closings Policy Adopted by is Attachment Town Commission, January 2, 1980" were read by Chairman Blosser. Attachment "D". Following examination and discussion of letters, Chairman Blosser advised that nominations were in order for election of officers for the Board of Adjustment for 1980. Mr. Frederick moved to nominate Mr. Blosser for appointment as Chairman, Mr. Kiefer seconded. All aye votes. Mr. Frederick moved to nominate Mr. Wernecke for appointment as Vice Chair- man, Mr. Kiefer seconded. All aye votes. Mr. Frederick moved to nominate Col. Scofield to serve as Secretary of the Board, Mr. Wernecke seconded. All aye votes. Terms of Office for Chairman, Vice Chairman and Secretary of the Board of Adjustmentare for one year. NEW BUSINESS The Board of Adjustment Information Sheet, Attachment "E", was examined and discussed. Mr. Hamzik advised that the Board of Adjustment does not interpret the Zoning Ordinance as formerly stated in Chapter 30, Section 9. 1, of the Code of Ordinances. • Paragraph 2 of the Information Sheet was discussed, changes were recommended as shown on Attachment "E". Page -2- ` MINUTES: BOARD OF ADJUSTMENT, TOWN OF HIGHLAND BEACH, ORGANIZATIONAL MEETING. JANUARY 14, 1980. ELECTION OF OFFICERS ALTERNATE • MEMBER. INSERT THE FOLLOWING AS ATTACHMENT "E" INFORMATION SHEET FOR THOSE SEEKING REVIEW BY THE BOARD OF ADJUSTMENT FROM THE DECISION OF THE ZONING OFFICIAL OR PETITIONING FOR AN ADMINISTRATIVE REVIEW OR VARIANCE. 1. Application must be completely filled out and all requirements for filing the Petition must be met. The Board of Adjustment cannot consider incomplete Petitions. APPLICATIONS WILL BE CONSIDERED ONLY FROM THE OWNER OF RECORD OR HIS AUTHORIZED AGENT WHO MUST SUBMIT WRITTEN PROOF OF THIS AUTHORIZATION. 2. The Board of Adjustment has the following powers and duties: a. Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or de- termination made by administrative officials in the enforcement of Ch. 30, Sec. 7.5 (b), Zoning Ordinance. isb. Variances. To grant variances pursuant to Ch. 30, Sec. 11, of Zoning Ordinance #336, and Section 163, Part II, Florida Statutes. In filling out the Petition form, check the appropriate action that you request. Requirements for a hearing as adopted by the Town Commission for itself and all Boards as adopted on January 2, 1980, are as follows: "Any petitioner who requests to be heard at any public meeting before the Town Commission, or any appointed Boards of the Town, must comply with the following: 1. The petitioner must request in writing to be heard before any of the above Commissions or Boards listing the reasons to be heard in detailed form, a minimum of 15 days before the meeting. 2. The petitioner's request should include any necessary documentation including, but not limited to, maps, plans, specifications, statistical data, location (Town Lot number) and dimensions. Maps and/or plans should include complete measurements and contain points of the compass and be drawn to an acceptable scale. • 3. No petitioner will be heard unless all of the conditions enumerated above have been strictly complied with. Page -3- MINUTES: BOARD OF ADJUSTMENT TOWN OF HIGHLAND BEACH ORGANIZATIONAL MEETING. JANUARY 14 1980. ELECTION OF OFFICERS. ALTERNATE • MEMBER. 4. No petitioner will be heard unless all submitted materials were filed in the appropriate department such as Building Departfhent a minimum of 15 days in advance of the meeting." 3. Note the property description section. The type of structure pre- sently on the land must be shown; for example, "single-family residence", "four-plex", "condominium", etc. If there are no structures at all on the land, then the answer is "none". 4. Proposed use and the effect of granting the Petition must be shown. 5. Three (3) copies of a plot plan of the site, drawn to scale and a legal description which must comply with the last deed of record must be submitted with the application. The plot plan must show the size and di- mensions of the lot, the location and dimensions of any existing structures, and the location and size of any proposed structures. Where the proposed use will require curb cuts, off-street parking and loading, and similar facilities, these must be shown on the plan. Location of any proposed screening or buffering should be shown, •together with type, height, and dimensions. These site plans are used by the Board in considering the Petition and the Petitioner is well advised to submit carefully drawn plans. 6. As an official agency of the Town Government, the Board must balance, the public and the private interest in the matters entrusted to it. The petitioner should, therefore, be extremely careful in stating his reasons why he believes the Petition should be granted. 7. If the Petition is for a Variance: A variance is granted by the Board of Adjustment to allow the Petitioner relief from the literal requirements of the ordinance because of unnecessary hardship. A variance is a relaxation of the terms of the zoning ordinance (#336) where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the specific property and not the result of the actions of the applicant, a literal enforcement of the ord- inance would result in unnecessary and undue hardship. The Board is not authorized to grant a variance to establish or expand a use that is not allowed in the particular zoning district. It may grant variances for relaxation of height, area, size of structure, size of yards and open spaces, etc. If your Petition falls in this category, state fully on page two (2) eyour argument for the interpretation that you wish, bearing in mind other possible interpretations that may be placed on the disputed point. Diagrams are sometimes helpful and they may be filed for the Board's use. Page -4- MINUTES: BOARD OF ADJUSTMENT TOWN OF HIGHLAND BEACH, - EACH ORGANIZATIONAL MEETING. JANUARY 14 1980. ELECTION OF OFFICERS.ALTERNATE MEMBER. • In stating grounds on page two (2) in support of a Petition for a variance, the Petitioner must show unnecessary hardship. This is hard- ship that is peculiar to the specific land, structure, or building in- volved and hardship that is not shared generally by all other properties, or most of them, in the district. It is very important to show how your particular situation differs from others and how that situation works unique, undue, and unnecessary hardship on the property in question. You should show that the hardship does not exist because of your own actions and that the grant of the variance will not confer on you any special privileges not enjoyed by other owners of property. You should show that the grant of the variance will not adversely affect other pro- perties and the character of the district. The Board cannot grant a variance that is detrimental to the public interest. The Board may attach appropriate and reasonable safeguards to the grant of a variance. These conditions are a part of the grant and strict conformance must be had with them. The Board is not bound to grant a variance simply because a request is made. The Petitioner must show the facts and the law applicable to his situation. A carefully prepared statement of the grounds on which •the variance is sought is a prime requisite to possible favorable Board action. At the hearing, Petitioner or his agent shall present the Petition verbally and comprehensively, using presentation aids (such as scale models, engineering and architectural renditions) as are necessary to inform the Board and other persons attending the hearing of the facts of the Petition. 8. If the owner acts through an agent in preparing and presenting the Petition, the agent's signature must be notarized. 9. The complete Petition, together with the applicable fee MUST be filed with the Building Department. Public Hearings will be arranged in accordance with the Zoning Ordinance to hear all petitions, and petitioners will be notified of the date and location where the hearing is to be held. 10. Review of decisions of the Board of Adjustment is by the Courts of the State of Florida. 11. The Building Department will answer questions about the procedure, duties and powers of the Board of Adjustment. It is recommended, however, •that the prospective petitioners read carefully Sections 7.5(a),(b), (1) and (2), Chapter 30 of the Code of Ordinances of the Town of Highland Beach. Page -5- • • E MINUTES: BOARD OF ADJUSTMENT, TOWN OF HIGHLAND BEACH, ORGANIZATIONAL MEETING. JANUARY 14, 1980. ELECTION OF OFFICERS ALTERNATE MEMBER. At the conclusion of the examination and discussion of the Board of Adjustment Information Sheet, Chairman Blosser noted he would review the recommended revisions for this sheet and for the Petition for Variances and Administrative Review and report further to the Board at the next meeting. ADJOURNMENT The next meeting of the Board of Adjustment is scheduled for April 1980. Notice will be sent to each member and posted at the Town Hall, indicating date and time of this meeting. The meeting was adjourned at 3:00 p.m. Approved- R. F. Bloomer, Ghhair/man F.- jC� S#ofleld, A. -�. Kie Lucille S. Miller Recording Secretary Secretary W`. �J Wernece, Vice Chairman