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1980.04.29_BAA_Minutes_RegularPage -1- MINUTES: BOARD OF ADJUSTMENT, APRIL 29, 1980 PUBLIC HEARING REQUEST FOR VARIANCE, MTR DEVELOPMENT Co., 2355 S/O BLVD. SETBACKS, SEC. 4.1(e)(3) AND 5.12(b). CH. 30 OF ORD. #336, ZONING t • Chairman Blosser called the meeting to order at 7:30 p.m., advising this was a Public Hearing with due public notice, called to examine a request by MTR Development Co., Highland Beach, Florida, for a variance under Sec.4.1 (e) and 5.12(b) of Ch. 30 of the Code of Ordinances of the Town of Highland Beach, Florida, for the property located at 2355 South Ocean Blvd., Highland Beach Town Lots 133-137 inclusive, Byrd Beach Subdivision, Lots 1-5 and 1A-5A. The Agenda is Attachment "A". Chairman Blosser noted that a Work- shop Meeting had been held on March 31, 1980, to set the date for this Public Hearing. Present: W. J. Wernecke, R. F. Blosser, R. C. Frederick, E. E. Aldrich, L. Levine, A. J. Kiefer. Absent: Col. F. C. Scofield Chairman Blosser noted that receipts had been presented indicating resi- dents within 300 feet of the subject property had been duly notified by certified mail of the date, time, place and subject of the petitioners re- quest for variance. Building Official F. Hamzik advised that no notice of this public hearing was required for the property bordering on the north of the subject property since it was not in the Town.of Highland Beach. Mr. Hamzik read from the application filed, as follows: "If this petition is granted, the effect will be to permit nineteen (19) luxury single family homes and will (A) reduce setback from 40 to 20 feet along AlA; (B) require only one front yard on Lot eleven (11); (C) reduce setback from 40 to 5 feet for gatehouse." The request for variance also noted "The combination of zoning restriction and :topography cause the condition of unnecessary hardship as applied to this property. The presence of the dune and the Intracoastal Waterway cause site design difficulties in creating enough lots for economic feasibility in developing luxury single family homes. Proposed Lot eleven (11)cannot otherwise be designed, yielding an unreasonably small buildable area." Mr. Hamzik noted that in reference to the request "(A) to reduce the setbacks from 40 to 20 feet along AlA", there is not a lot in Highland Beach that has a setback on AlA of twenty feet. The minimum is 30 feet. Mr. Hamzik advised that the request for only one front yard on Lot eleven (11) seemed to be an equitable request. Concerning reducing the setback from 40 to 5 feet, Mr. Hamzik indicated this appeared to be related to a Special Exception rather than a variance. The Code of Ordinances does not address a gatehouse or any security or life safety structures. Mr. Hamzik read Sec. 5.12(b),.(c) and (d) in the Zoning Ordinance. The •gatehouse presently located at the Ambassadors East Concominium in Highland Beach, was discussed. Mr. Hamzik advised that this structure had been ap- proved under the Standard Building Code. Page -2- MINUTES: BOARD OF ADJUSTMENT, APRIL 29, 1980. PUBLIC HEARING REQUEST FOR VARIANCE, MTR DEVELOPMENT CO., 2355 S/O BLVD. SETBACKS, • SEC. 4.1(e) AND 5.12(b) CH. 30 OF ORD. #336, ZONING Dr. Richard Orman presented graphics of the proposed development and noted that these had been presented at a previous meeting. The effect of the coastal control line has resulted in a shortening of the lots. Dr. Orman noted that a presentation had been made previously, of these revised plans. Following a review of the conceptual drawings for the proposed subdivision and the requests for variances for Lots 1, 10 and 11, it was determined that the same conditions prevailed for Lots 12 and 13 as for Lot 11. No request had been made for variances for Lots 12 and 13. Members of the Board of Adjustment agreed on the following decisions at the conclusion of the general discussion: ITEM A - Request to reduce setback from 40 to 20 feet along AIA. Request denied. Failed for lack of motion. ITEM B - Request to require only one front yard on Lot eleven (11). Granted for Lot 11 as requested, and Lots twelve (12) and thirteen (13) which have similar situations. ITEM C - Request to reduce setback from 40 to 5 feet for gatehouse. • Request referred to Town Commission as Special Exception. Dr. Orman requested that the following be made a matter of record: Request for setbacks: LOT #12 25 ft. front yard on the north property line 12 ft. side yard on the east - 12 ft. side yard on the west LOT #13 25 ft. on the north 12 ft. on side yard on the west - 12 ft. side yard on the east 20 ft rear yard setbacks on south of both lots Motion was made by Mr. Frederick, seconded by Mr. Aldrich to approve the request for variance ITEM B. Mr. Levine voted aye, Mr. Wernecke, aye, Mr. Frederick, aye, Mr. Aldrich, aye, Chairman Blosser, aye. ITEM C was reviewed "Reduce setback from 40 to 5 feet for gatehouse." Following discussion Mr. Wernecke moved that the Board of Adjustment isrecommends that the question of the guard house having a setback of five (5) feet from the property line, together with a storage building, Page -�- MINUTES: BOARD OF ADJUSTMENT, APRIL 29, 1980. PUBLIC HEARING REQUEST FOR VARIANCE, MTR DEVELOPMENT CO., 2355 S/O BLVD SETBACKS, SEC. 4.1(e) AND 5.12(b) CH. 30 OF ORD. #k336, ZONING • be considered by the Town Commission for approval or disapproval. The Board is aware of the decision made recently concerning Ambassadors East in connection with a guard house, and that is one reason for referring it to the Town Commission instead of the Board of Adjustment making a decision. We accept the interpretation of the Town Building Official, F. Hamzik, that this is not a variance and should be considered as a special exception. In addition we have heeded the information given us by the Building Official. Mr. Aldrich seconded the motion. Mr. Levine voted aye, Mr. Wernecke, aye, Mr. Frederick, aye, Mr. Aldrich, aye, and Chairman Blosser, aye. The Decision on Petition for Variance, Attachment "� ", was signed by the following members of the Board of Adjustment, present at the public hearing held April 29, 1980: Raymond F. Blosser, William J. Wernecke, Royce C. Frederick E. E. Aldrich Lester Levine Chairman Aye Vice Chairman Aye Aye Aye Aye A letter addressed to the Town Commission, from Chairman Raymond F. Blosser is is Attachment 4 ". ADJOURNMENT Mr. Wernecke moved to adjourn the public hearing, The Public Hearing was adjourned at 10:00 p.m. APPROVED: W1'JAJ /� " Raymond F7 Blosser, Cha rman illy Les Levine Lucille S. Miller Recording Secretary 0 Mr. Frederick seconded. J. Wernecke, Vice Chairman E. E. Aldrich