1984.12.10_BAA_Minutes_Regular (2)•
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TOWN OF HIGHLAND BEACH, FLORIDA
BOARD OF ADJUSTMENT
PUBLIC HEARING _ DECEMBER 10, 1984
Board of Adjustment Chairman Albert Schiff called the Public Hear-
ing to order at 1:30 P. M., to review Petition #11-84-22, submit-
ted by Mr. & Mrs. Joseph Hand, requesting a variance under Sec-
tion 5.2 D 1 of Chapter 30 of the Code of Ordinances of the Town
of Highland Beach.
Others present were Messers. Stephen Doig, Albert Kahler, Gilbert
Lorenz and Harold Cohen. Also in attendance were Town Attorney
David Friedman, Building Official Bruce Sutherland, Recording Sec-
retary Anne Kowals, Mr. Fred McKaig representing the petitioner
and several Town residents.
Chairman Schiff said the record should show all five regular mem-
bers of the Board of Adjustment were in attendance.
Chairman Albert Schiff requested Mr. Hand's representative step
forward, identify himself and present the reasons for the request
to the Board.
Mr. Fred McKaig, President of Mooring Products Corp., represent-
ing Mr. Hand, addressed the Board. Members were advised that
Mr. Hand, wishing to protect his 26 foot boat, is requesting
permission to install davits on his portion of the dock leaving
a distance of only 5 feet from the adjoining property on the
East; and, to remove 10 feet of the East end of the dock. The
Board Members discussed the matter at length with Mr. McKaig and
Building Official Bruce Sutherland.
Chairman Albert Schiff requested Mr. Sutherland address the issue.
Building Official Bruce Sutherland said the specific problem is
the distance from the adjoining property line that is required by
the Town zoning code.
At this point, Chairman Albert Schiff asked if any Town residents
wish to be heard.
Mr. William Wunderlich who resides at the fourplex dwellings at
1102 Highland Beach Drive, stepped forward, identified himself
and addressed the Board. He stated he was very much against the
petition.
ti
BOARD OF ADJUSTMENT
• Public Hearing
December 10, 1984 Page 2 of 3
Mr. Fred Reese of 1102 Highland Beach Drive, stepped forward,
introduced himself to the Board and presented his objection to,
the petition.
Chairman Albert Schiff read into the minutes letters voicing
objection to the petition from several residents at 1102 Highland
Beach Drive.
Town Attorney David Friedman was asked to comment. Per Attorney
David Friedman, this application for variance should be denied
as it appears that the hardship in this case is self-created re-
sulting from the petitioner purchasing an indoor/outdoor boat.
Chairman Albert Schiff asked the Board Members for their comments.
Mr. Gilbert Lorenz agreed no hardship was evident and the petition
should not be granted.
Mr. Albert Kahler stated his feelings were to deny the petition.
• Mr. Stephen Doig said he was inclined to think granting this
petition would create a precedent. He feels it is a self-imposed
hardship and the petition should be denied.
Mr. Harold Cohen said he sees no hardship and agrees the petition
should be denied.
Chairman Albert Schiff mentioned phone calls received by the Re-
cording Secretary from Mr. Travieso and Mr. Conte. At this
point, Mr. Travieso approached the Board, identified himself and
said he had no objections to the petition.
Chairman Albert Schiff said he concurs with the majority of the
Board Members --this will create a precedent and we have to be
especially careful in terms of undue hardship.
Mr. Harold Cohen made a MOTION, seconded by Mr. Doig, that the
request for variance by Joseph and Jewell Hand of 1104 Highland
Beach Drive, Lot #13, Block 2, Bel Lido sub -division, to erect
davit 5 feet from adjoining property line be denied.
BOARD OF ADJUSTMENT
• Public Hearing
December 10, 1984 Paste 3 of 3
A roll call vote to deny the petition resulted as follows:
Mr. Cohen 'aye' Mr. Kahler 'aye'
Mr. Doig 'aye' Mr. Lorenz 'aye'
Mr. Schiff 'aye'
The MOTION carried unanimously.
Chairman Albert Schiff adjourned
Attest:
Date:
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12/21/84
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the Public Hearing at 2:20 P.M.
APPROVED:
44
Albert 1 Qha,ff, C an
Stephen boig
sit
Albert Kahler
Harold Cohen
Gilbert Lorenz