1984.06.01_BAA_Minutes_RegularF_
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TOWN OF HIGHLAND BEACH, FLORIDA
BOARD OF ADJUSTMENT
Public Hearing June 1, 1984
Chairman Schiff called the Public Hearing to order at 1:30 P.M.
for the purpose of examining a request by ITCO Properties, Inc.
(Beach Walk West) for an Administrative Review under specific
sections of Chapter 30 of the Code of Ordinances of the Town of
Highland Beach.
Those in attendance were Chairman Albert Schiff, Vice -Chairman
Benjamin E. Winston and Messers. Albert Kahler, Arthur J. Kiefer,
Stephen Doig and Harold Cohen (alt #2). Mr. Gilbert Lorenz is
out of town until June 10, 1984. Also present were Town At-
torney Tom Sliney, Town Manager Elaine Roberts, Attorney
Elizabeth Maass, Building Official Bruce Sutherland, Recording
Secretary Anne Kowals, and several residents.
Chairman Albert Schiff read a statement into the record (see
attached). r
Chairman Schiff inquired as to whether the official notice was
• published in the Boca Raton News and other notices properly
posted in Town Hall. Attorney Maass was asked if certified
letters of this notice of Public Hearing were sent to all
property owners within 300 feet of Beach Walk West. Receipts
for certified mail sent to all the necessary property owners,
plus an affidavit of posting were submitted by Attorney Maass.
All requirements having been met, Chairman Schiff continued
the Public Hearing. The Board Members reviewed matters dis-
cussed at the Workshop Meeting on Wednesday, May 30, 1984.
Chairman Schiff advised the public that no official action
can be taken at any Workshop Meetings. Questions are raised
and freely discussed to enable Members to render a decision
that represents intelligent action.
The petitioner, ITCO Properties, Inc., requested an Adminis-
trative Review of a denial by the Town Commission to extend
their building permit. Attorney Maass gave reasons for
favorable consideration.
The Board Members are faced with the problem of proceeding on
the merits of the petition ignoring the action taken by the
Town Commission in denying the extension of the building permit,
or do they take the position that it is inappropriate for the
Board of Adjustment to review this matter.
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BOARD OF ADJUSTMENT
Public Hearing Minutes
June 1, 1984
Page 2 of 3
Town Attorney Tom Sliney gave his legal opinion stating
it is not appropriate for this Board to review the peti-
tion. Attorney Maass, representing ITCO Properties, Inc.,
felt it is appropriate for this Board to review this
case. However, both attorneys agreed more research is
in order.
As there were no further comments, a MOTION to recess
this Public Hearing to Monday, June 18, 1984, at 1:30 P.M.
was made by Mr. Kiefer, seconded by Mr. Winston. All the
members agreed.
Mr. Stephen Doig requested Attorney Sliney and Attorney
Maass to send to each Board Member a brief of a more de-
tailed analysis of their respective opinions. As Attorney
. Sliney will be out of town for several days, he asked for
time to prepare his brief. Attorney Sliney said he will
have his brief ready for the Members by June 14, 1984, at
the latest. Attorney Maass will also comply with that date.
Mr. Cohen requested a Workshop Meeting be held before the
continuation of the Public Hearing on June 18, 1984. Mr.
Kiefer made a MOTION that the Workshop Meeting be held on
Friday, June 15, 1984, at 1:30 P.M., and the Public Hear-
ing be recessed to Monday, June 18, 1984, at 1:30 P.M.
Mr. Winston seconded the motion.
It is hoped that with the preparation, the Board Members
will reach a decision on the petition at the continuation
of the Public Hearing.
There was a brief discussion regarding a petition for a
variance on behalf of Terry Kinser (new residence at
2564 S. Ocean Blvd.). The Board Members set a time and
date for a Public Hearing to be held on July 16, 1984,
at 1:30 P.M. Immediately following this Public Hearing,
the Board of Adjustment will hold its' Quarterly Meeting.
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BOARD OF ADJUSTMENT
Public Hearing Minutes
June 1, 1984
Page 3 of 3
There being no further business, a MOTION was made by
Mr. Kiefer, seconded by Mr. Stephen Doig to adjourn
the meeting.
Chairman Schiff adjourned the meeting at 3:00 P.M.
ATTE:
Date;
APPROVED:- %
Albert Schiff, C i man
Benj ^*n E. Winston, V-chmn.
Albert Ka#ler(' j
Art ur J. Kiei�er
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S tepYybn Do icl t