1985.03.27_BAA_Minutes_RegularF_
TOWN OF HIGHLAND BEACH, FLORIDA
• BOARD OF ADJUSTMENT
PUBLIC HEARING MARCH 27, 1985
Board of Adjustment Chairman Albert Schiff called the Public Hearing
to order at 1:30 P.M. to review Petition #1-85-23 submitted by Mr.
Mrs. Kenneth Roy requesting a variance under Section 4.2 (e) (6) of
Chapter 30 of the Code of Ordinances of the Town of Highland Beach,
Florida, for the property located at 4301 Tranquility Drive.
A workshop meeting regarding this matter was held on February 12,
1985, at which time members made an on site inspection of the proper-
ty and set the date for the Public Hearing.
All legal requirements have been met. 'Notice of Public Hearing' was
published in the Boca Raton News. Return Receipts from recipients of
Certified Letters are on file.
The recording secretary called the roll. Present were Chairman Albert
Schiff, Secretary Gilbert Lorenz, Messrs. Albert Kahler, Harold B.
Cohen and first alternate member Charles Arbetman. Absent from this
Public Hearing was second alternate member A. M. Fox, Jr.
• Also present were Town Attorney David Friedman, Town Manager Hugh D.
Williams, Building Official Bruce Sutherland, Commissioner William A.
Grier and Recording Secretary Anne Kowals.
Newly elected Commissioner Grier addressed the board and said he came
to see how the Board of Adjustment operates and to express his appre-
ciation for the work they do.
With deep regret, Chairman Schiff announced the death of Vice Chairman
Stephen Doig on March 24, 1985.
Chairman Schiff said the board will act on the merits of the petition
as the petitioner was not present at this Public Hearing.
When asked for his comments, Building Official Sutherland said the
petitioner had screening installed around the pool without a permit,
and in so doing violated the rear yard setback. The pool was in-
stalled with proper setbacks at the time the home was constructed
for the Roys.
A discussion followed regarding setbacks required for structures. A
screen enclosure is considered a structure. The Town of Highland
Beach has no ordinance governing screen enclosures.
F_
BOARD OF ADJUSTMENT
Public Hearing
• March 27, 1985 Page 2 of 3
The members do not feel that a screen enclosure can be considered a
structure and suggest the Town Attorney look into the wording of the
zoning. A pool can be an attractive nuisance and having it enclosed
with screening is a definite advantage.
There seems to be some contradiction regarding rear yard setbacks for
structures and pools and it was suggested the Board of Adjustment
make a recommendation to the Building Department or the Town Commis-
sion regarding this matter.
Had Mr. & Mrs. Roy applied for a permit to install the screening, the
Building Department would have informed them about the rear yard set-
back. The contractor should have known that a permit was required.
At the workshop meeting on February 12, 1985, Building Inspector Tony
Abbate advised the members that the upright structure was properly
installed and is very sturdy. After making the on site inspection,
the members agreed the screening enhanced the property and is not
detrimental to the Town.
Chairman Schiff requested members comment regarding this petition.
• Mr. Arbetman said the Roys improved the property and safety factor by
screening the pool. The screening should be allowed to remain; how-
ever, a penalty should apply as the permit requirement was ignored.
Mr. Cohen agreed the screening should be allowed as there is a defi-
nite benefit to having pool enclosed.
Mr. Kahler feels the screen is a safety feature and should be con-
sidered; and, the permit fee which would have applied should now be
doubled.
Mr. Lorenz stated though he believes in strict interpretation of the
ordinance, he feels this petition should be granted as the enclosure
is a safety factor.
Chairman Schiff stated the screen enclosure enhances the beauty of
the area and blends in nicely -- Highland Beach would not suffer if
the petition were granted. It is the Chairman's opinion that the
petition should be granted with the safeguard of a penalty doubling
the permit fee. And, he concurred with Mr. Sutherland that the
Building Department send a memorandum on behalf of the Board of Ad-
• justment to the Town Commission regarding screen enclosures.
F'
I
BOARD
OF ADJUSTMENT
Public
Hearing
•
March
27, 1985
Page 3 of 3
After
all comments were heard, Chairman Schiff said that in the opinion
of the
Board of Adjustment,
the application as submitted, particularly
with an
attached statement
from the doctor, does satisfy all require-
ments.
There is a hardship
therefore the variance should be granted.
•
A MOTION was made by Mr. Arbetman, seconded by Mr. Kahler, to grant
the variance subject to the safeguard of the penalty doubling the
permit fee.
The recording secretary polled the board which resulted as follows:
Mr. Lorenz 'grant'
Mr. Cohen 'grant' Mr. Arbetman 'grant'
Mr. Kahler 'grant' Mr. Schiff 'grant'
The MOTION to approve the petition carried unanimously.
Chairman Schiff adjourned the Public Hearing at 2:50 P.M.
APPROVED-
�-t,& f�Z
Albert Schiff, Ch an
Gilbert Lorenz, Se retary
Albert Kahler
AttesV,X.�,
t:
Date:
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amk - 4/9/85
L� Coh n
Charles Arbetman