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1984.09.24_BAA_Minutes_Regularis TOWN OF HIGHLAND BEACH, FLORIDA BOARD OF ADJUSTMENT Public Hearing September 24, 1984 Chairman Schiff called the Public Hearing, regarding the Bill Frederick petition #k6/84-20, dated 6/26/84, to order at 1:30 P.M. Also present were Messers. Albert Kahler, Arthur J. Kiefer and Harold Cohen. In attendance also were Town Manager Elaine W. Roberts, Town Attorney David Friedman, Building Official Bruce Sutherland, Recording Secretary Anne Kowals and town residents. Present on behalf of Mr. Frederick were Mr. Mike Woolsey and architect Mr. Lee Martin. Chairman Schiff stated this Public Heating was a continuation of the Public Hearing held on August 27, 1984. The chairman re- ctuested the record show a quorum of four Board Members was present. Notice of Public Hearing was published in the Boca Raton News on September 7 and September 17, 1984. Return Receipts for Certi- • fied Mail sent to all necessary property owners have been re- ceived, and the property was duly posted. Architect Lee Martin was called on to make his presentation. At this time, Mr. Martin introduced Mr. Mike Woolsey as representa- tive of Bill Frederick. Mr. Woolsey addressed the Board Members and stated there are three separate recxuests for Variance: building height, building width and location of gatehouse. Much discussion between Mr. Woolsey and the Board Members followed. Mr. Lee Martin then spoke regarding the project. A model of the project was on display for all to examine. Mr. Martin presented new sketches showing the changes. The Board Members discussed the changes at length with Mr. Martin. Building Official Bruce Sutherland stated the new zoning code had been passed and signed into effect on 9-11-84. The new zoning code does not make any reference to maximum building width, therefore, this request is no longer an issue. F, BOARD OF ADJUSTMENT • Public Hearing September 24, 1984 Page 2 of 3 Several neighboring property owners - Mr. & Mrs. E. Brandt, Mr. & Mrs. J. Schubert and Mr. & Mrs. G. Marcy - were present and heard at this Public Hearing. is A letter from neighboring property owner Mr. William H. Baker was read into the minutes by Chairman Schiff. Chairman Schiff, after having heard all comments concerning the Variance requests, stated the Board of Adjustment must take action regarding this petition. Chairman Schiff said he would vote against the height request and vote for the gatehouse, with a safeguard, that any landscaping and shrubbery requirements brought about by the granting of the Variance be approved by the Community Appearance Board. Town Attorney David Friedman said that the Community Appearance Board would not normally review this matter. However, we can put, as a condition, that if the Community Appearance Board is willing to examine the gatehouse, the Variance be granted subject to Com- munity Appearance Board approval. Chairman Schiff asked the Board Members if they are ready to act on the merits of the petition. Their reply was yes. Mr. Kahler made a MOTION, seconded by Mr. Cohen, for the approval of the gatehouse, subject to Community Appearance Board approval pro- viding the Community Appearance Board agrees to examine same. A roll call vote was taken with members voting as follows: Mr. Cohen 'yes' Mr. Kahler 'yes' Mr. Kiefer 'yes' Mr. Schiff 'yes' Chairman Schiff said there is a unanimous vote of four members for approval of the gatehouse, subject to the safeguard noted. Approval was granted per findings in Chapter 30, Sec 11A - 4 E & F. Mr. Cohen made a MOTION, seconded by Mr. Kahler,that the Board deny the request for the Variance for the 40 feet height. 0 BOARD OF ADJUSTMENT Public Hearing • September 24, 1984 Paste 3 of 3 A roll call vote to deny the height request resulted as follows: is Mr. Cohen 'for' Mr. Kahler 'for' Mr. Kiefer 'for' Mr. Schiff 'for' A unanimous vote indicated the denial in terms of the height re- quirements. The Variance was denied because it is against the intent and purpose of the zoning code. The request for the width variance was no longer an issue due to the new zoning code that was passed and signed into effect. Chairman Schiff thanked the residents of Highland Beach for their interest and appearance at this Public Hearing. There being no further business, Chairman Schiff adjourned the Public Hearing at 3:30 P.M. Attest: Date • /_ - APPROVED • 6)"Ju r Albert Schiff, AArman Harold Cohen