1984.06.15_BAA_Minutes_Workshopr
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TOWN OF HIGHLAND BEACH, FLORIDA
BOARD OF ADJUSTMENT
Workshop Meeting June 15,_ 1984
Chairman Schiff called the Workshop Meeting to order at 1:30 P.M.
for the purpose of reviewing a request for an Administrative Re-
view by ITCO Properties, Inc., more commonly known as Beach Walk
West.
In attendance were Chairman Albert Schiff, vice-chairman Benjamin
Winston and Messers. Albert Kahler, Arthur J. Kiefer, Stephen Doig,
Gilbert Lorenz (alt. #1) and Harold Cohen (alt. #2). Also present
were Town Attorney Tom Sliney, Town Manager Elaine Roberts, Attor-
ney Elizabeth Maass, Building Official Bruce Sutherland, Recording
Secretary Anne Kowals and several residents.
Chairman Schiff requested that the record show all regular members
and both alternate members were present at this Workshop Meeting.
Chairman Schiff stated this meeting was called, more specifically,
to focus attention on an issue raised at the Public Hearing on
June 1, 1984, and that is, 'does this Board of Adjustment have
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jurisdiction to review the petitioner's request, in light of ac-
tion taken by the Town Commission on April 3, 1984, denying the
extension of the building permit requested by ITCO Properties,
Inc.?'.
Attorneys Elizabeth Maass and Tom Sliney submitted their research
materials and Memoranda of Law in support of their respected posi-
tions. The Board Members proceeded with this Workshop which was
in preparation of the continuation of the Public Hearing set for
Monday, June 18, 1984, at 1:30 P.M. (recessed from June 1, 1984).
Elizabeth Maass, attorney for the petitioner, stated that in her
opinion, the Town Commission did not have jurisdiction to deny the
extention of their building permit; it is the decision of the
Building Official.
Attorney Maass stated the original request for the extension was
filed on November 29, 1983, before the permit expired (on 12-5-83).
She said Mrs. Roberts and Mr. Abbate referred the request to the
Town Commission for their opinion. Attorney Maass feels the Town
Commission did not have the authority to act on this matter and
it does not preclude the petitioner from pursuing their remedy
• before the Board of Adjustment.
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BOARD OF ADJUSTMENT
• WORKSHOP MEETING
June 15, 1984 Page 2 of 4
Town Attorney Tom Sliney said that, if in fact the Board of Ad-
justment should have heard this request in the first place, when
the Town Commission heard the matter, and if in fact heard it
erroneously, it was at that time that ITCO should have said the
Town Commission had no right to hear this matter. However, ITCO
said nothing, the Town Commission did hear the matter and the
TownCommission did make a decision.
Mr. Winston feels, according to the Code (Town and Building) and
Florida Statute, the Building Official has the power to grant a
permit and extensions. One would not go to the Town Commission
to obtain a permit or extension. Mr. Winston asked Attorney Tom
Sliney if the Town Commission would have the power to grant a
permit or an extension to an applicant in the first instance and
by-pass the Building Official. To this, Mr. Sliney replied,
"Not according to code". vice-chairman Winston then stated
therefore the Building Official has stated powers to determine
whether a permit should be granted, and also whether extensions
should be granted. Attorney Sliney said the Town Commission,
in many ways, is the ultimate arbiter of any dispute that may
• come. There is no limit to the power of the Town Commission
to make a determination on any matter affecting the Town. The
Town Commission is also an Administrative Body.
Chairman Schiff inquired of Mrs. Roberts if requests for building
permits and extensions have ever gone to the Town Commission.
Mrs. Roberts replied "Yes". Therefore, Chairman Schiff stated,
a precedent has been set.
After extensive discussion regarding building permit and exten-
sion requests, Chairman Schiff requested a five minute recess.
When the Workshop Meeting resumed at 1:35 P.M., Chairman Schiff
asked if the Board was ready to voice opinions. Chairman Schiff
said the question before this Board, at this particular time, is,
'does this Board have the jurisdiction to review this matter?'.
Mr. Doig said he leans toward following the Town Attorney Tom
Sliney's opinion. He can not see how the Board of Adjustment
can overrule the Town Attorney or the Town Commission.
Mr. Kahler said he feels the Town Commission knew it did not have
• the jurisdiction to act in this matter and should have referred
it to the Board of Adjustment.
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BOARD OF ADJUSTMENT
WORKSHOP MEETING
June 15, 1984 Paqe 3 of 4
Mr. Kiefer stated he sided with the Town Attorney.
Vice-chairman Winston said he assumes jurisdiction of this matter
to be in the hands of the Building Official and feels the Board
should entertain jurisdiction and hear the matter on its' merits.
Chairman Schiff said he feels once the Town Commission acts upon
a matter, the Board of Adjustment does not have jurisdiction.
The Board Members were reminded that if the regular Board Members
are all present, the alternates would not vote on this matter.
Alternate members would vote only when sitting in for a regular
member. The alternate members were divided on this issue.
Attorney Maass said if there were the possibility of persuading
any member to change his vote in favor of the petitioner, she
would invite Dr. Richard Ormon, who had part in writing the Zoning Code
for Highland Beach, to appear as a witness for ITCO Properties, Inc.
Vice-chairman Winston said that if the Board denies jurisdiction in
isthis matter, the Town Commission should take full responsibility
for the decision thereby enabling ITCO to file an appeal in the
specified time, otherwise, ITCO will be denied due justice. And,
if the Board denies jurisdiction, the Town Counsel should see to
it that a proper ORDER is entered so that time to appeal will run
from the time ORDER is entered.
Once again, Attorney Maass raised the question of whether or not
she can bring other people to speak on the interpretation of some
of the issues at the Public Hearing; people who have not taken
part in this Workshop Meeting or the previous Public Hearing. Town
Attorney Sliney said he would agree to anyone speaking on the merits
of the issue but would object to anyone speaking on the jurisdic-
tion issue.
Chairman Schiff said he feels the Board has acted very judiciously
on this matter because whatever is decided here would create a
precedent. However, it was obvious the Board Members are divided
on this issue, with the majority feeling they lack jurisdiction.
There are other avenues of action that the petitioner can take.
Further discussion followed regarding the Town Commission's action
in this matter.
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BOARD OF ADJUSTMENT
• WORKSHOP MEETING
June 15, 1984 Page 4 of 4
Chairman Schiff said the Board will reconvene the Public Hearing
at 1:30 P.M. on Monday, June 18, 1984, and proceed to a discussion
and a formal action on whether this Board has jurisdiction in this
matter. If the vote sustains that the Board does not have juris-
diction, the Public Hearing will be ended at that time. Should the
vote indicate the Board does have jurisdiction in this matter, the
Board will go into the merits of the case at that particular time.
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Since there was no further business before the Board, the chair
entertained a motion to adjourn. Mr. Winston made the MOTION,
seconded by Mr. Doig, to adjourn the meeting at 3:20 P.M. All
Members agreed.
ATTEST:
Date: /w�;_/
APPROVED: �'`""j�
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Albert Schiff, a rman
Ben' in Winsto , V-chmn.
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