1984.06.18_BAA_Minutes_RegularI
TOWN OF HIGHLAND BEACH, FLORIDA
BOARD OF ADJUSTMENT
Public Hearing June 18, 1984
Chairman Schiff called the Public Hearing to order at 1:30 P.M. The
meeting was a continuation of a Public Hearing of the Board of Ad-
justment originally held on June 1, 1984, to examine a request by
ITCO Properties, Inc. for an Administrative Review under specific
sections of Chapter 30 of the Code of Ordinances of Highland Beach.
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, Building
Official Bruce Sutherland, Petitioner's Attorneys Elizabeth Maass
and Doyle Rogers, Recording Secretary Anne Kowals and several
residents.
Chairman Schiff asked that the record show all five regular members
and two alternate members were in attendance.
At the June 1 Public Hearing, an issue was raised as to whether the
• Board of Adjustment has the jurisdiction to review the petitioner's
request for an extension of their building permit in light of ac-
tion taken by the Town Commission on April 3, 1984, in denying an
extension.
On Friday, June 15, 1984, at the Workshop Meeting, Attorneys Tom
Sliney and Elizabeth Maass submitted their research materials and
Memoranda of Law in support of their respective positions to the
Board Members. After much discussion and review, it was apparent
that differences of opinion prevailed.
Attorney Elizabeth Maass introduced her associate, Attorney Doyle
Rogers, who addressed the jurisdiction issue on behalf of ITCO
Properties, Inc.
In his presentation, Attorney Rogers discussed the Town Code of
Ordinances, the power of the Town Commission, the authority of the
Board of Adjustment to hear this appeal, and made reference to the
memorandum submitted,on that day by Town Attorney Tom Sliney, to
the Board Members, Mrs. Roberts and petitioner's attorneys. At-
torney Rogers said he felt it would be appropriate to ask Dr.
Richard Orman who was partly responsible for drafting the Town
Zoning Code to give his interpretation of the Code.
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BOARD OF ADJUSTMENT
PUBLIC HEARING
• June 18, 1984 Page 2 of 3
Since it was decided at the Workshop Meeting on Friday, June 15,
1984, that this Public Hearing would be confined to discussion
only to the attorneys who were involved in that Workshop Meeting,
Attorney Tom Sliney objected to calling on expert witnesses.
The Board Members were asked if they wished to hear Dr. Orman
speak, at this time. A voice vote was taken. Messers. Kahler
and Winston voted 'for' while Messers. Kiefer, Doig and Chair-
man Schiff voted 'against'.
After much discussion between the interested parties, Chairman
Schiff invited the public to present their comments, if any.
It was at this time in point that Dr. Richard Orman requested to
be heard. He stated he was appearing on behalf of his client,
J. D. S. Investments, Ltd., owners of property adjacent South of
subject property (Ocean Terrace). In his discussion, Dr. Orman
touched on the Zoning Ordinance, Town Commission, Board of Ad-
justment and Municipal Government. Dr. Orman stated his client
is in support of ITCO. However, he also did say the Town Com-
mission has the power to act, as it did, in this matter.
Chairman Schiff commended both attorneys for their fine presen-
tations and research regarding this issue.
As there were no further comments, Chairman Schiff asked the
Board Members if they felt they needed more time to discuss the
jurisdiction question. Messers. Kahler, Kiefer, Doig and Chair-
man Schiff did not need more time. Mr. Winston wanted to give
the petitioner's attorneys time to reply to any new issue in
Attorney Sliney's latest memorandum.
Chairman Schiff inquired if Attorneys Rogers and Maass would like
additional time. They responded, since three Board Members were
against the issue, there was no point to spend more time and
money on the matter.
In view of the above, the Chair entertained a motion the Board
of Adjustment does not have jurisdiction in this matter and
recommended dismissal. Mr. Doig made the MOTION which was seconded
by Mr. Kiefer.
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-BOARD OF ADJUSTMENT
PUBLIC HEARING
40 June 18, 1984 Page 3 of 3
A roll call vote was taken to make sure the vote was clearly
understood.
Mr. Winston 'no' Mr. Kiefer 'aye'
Mr. Kahler 'no' Mr. Doig 'aye'
Mr. Schiff 'aye'
Chairman Schiff stated a majority prevailed indicating the Board
of Adjustment does not have jurisdiction and recommended
dismissal.
There being no further discussion, a MOTION was made by Mr. Kahler,
seconded by Mr. Doig, to adjourn this Public Hearing. All Members
agreed.
The Public Hearing was adjourned at 3:15 P.M.
APPROVED: J
Albert Schiff, hairman
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Benja l n Winston V-chmn.
A Tt [ahler'.
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ATTEST -
Date • �./��, % /��y� Step n Doig
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