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1985.05.09_BAA_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA • BOARD OF ADJUSTMENT PUBLIC HEARING MAY 9, 1985 Board of Adjustment Chairman Albert Schiff called the Public Hearing to order at 1:30 P.M. to review Petition #3-85-24 submitted by JEROME LINET of 3425 SOUTH OCEAN BOULEVARD, TOWN LOT #90, requesting a variance under Sections 4.5 (e) (8) and 4.5 (11) of Chapter 30 of the Code of Ordinances of the Town of Highland Beach, Florida. A workshop meeting to examine the above petition was held on April 11, 1985, at which time the board members made an on site inspection of the parcel and adjoining properties and set the date for this Public Hearing. All legal requirements have been met as a 'Notice of Public Hearing' was published in the Boca Raton News and 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, Charles Arbetman and A. M. Fox, Jr., alternate member. isAlso present were Town Attorney David Friedman, Building Official Bruce Sutherland, Mr. Jerome Linet, Architect N. Hosking, Attorney Dennis P. Koehler, Recording Secretary Anne Kowals and several Town residents. Chairman Schiff stated a quorum was present at this Public Hearing. The procedure to be followed at this Public Hearing was outlined by Chairman Schiff. The board will first hear from the petitioner and/or his representative and/or his attorney so the members and others will be informed of the facts pertaining to the petition. The Building Of- ficial will be asked for his comments and observations. The Public Hearing will be opened to Highland Beach residents who desire to ex- press their views regarding this petition. Then the chair will read any communications received by this board pertaining to the petition. When discussion by members is concluded and the Town Attorney has com- mented regarding the petitioner's request, the Chairman will ask the Board of Adjustment members to take action they deem appropriate on the merits of the petition. Chairman Schiff inquired if this procedure was agreeable to the peti- tioner and the board. They responded in the affirmative. • BOARD OF ADJUSTMENT Public Hearing • May 9, 1985 Page 2 of 4 Attorney Koehler, representing Mr. Linet, distributed to all members and staff a copy of his letter dated May 9, 1985, addressed to Chair- man Schiff, summarizing his presentation regarding this petition. In his oral presentation, Attorney Koehler said the critical issue for the Board of Adjustment is whether or not the situation requiring two variances creates an undue and unnecessary hardship on petitioner, Mr. Jerome Linet. Attorney Koehler said the petitioner is requesting variances in the building height of 75' 6" and side setbacks of 25' from the North and South property lines. The maximum building height allowed in the RMM district is 60' where one level parking is located beneath the principal structure. The pro- posal submitted by the petitioner would require a 47' side setback from the North and South property lines. Mr. Linet's property, Town lot ##90, is a 100' oceanfront parcel in the RMM district. Adjacent to Mr. Linet's property on the North is a six unit cooperative named Bermuda House. A 12 story condominium, the • Clarendon, is just North of Bermuda House. To the South of Mr. Linet's property is a 200' wide oceanfront parcel, formerly the Le Concorde, on which a 13 story - 24 unit - condominium, known as Villa Nova, is under construction. Mr. Linet submitted a proposal for a seven unit structure with parking underneath the main building, for a total of eight stories. Architect Nick Hosking showed the board members a sketch of the pro- posal drawn on December 21, depicting the shadows this building would cast onto the adjoining properties. Attorney Koehler stated that Mr. Linet purchased the property in October 1981 for his private residence. In concluding his presentation, Attorney Koehler said that if the two variances were granted, they would in no way harm the neighborhood or be detrimental to the welfare of the citizens and residents of High- land Beach. Attorney David Friedman stated there are two other 100' oceanfront par- cels with single family structures in this RMM district. isAt this point, Chairman Schiff asked if there were any residents in the audience who wished to be heard regarding this petition. BOARD OF ADJUSTMENT Public Hearing • May 9, 1985 Page 3 of 4 Mr. Roy H. Brown, Jr. of 3421 South Ocean Boulevard stepped forward to address the board. He stated he has been a resident at Bermuda House for the last 21 years and presently owns three units in that coopera- tive. Mr. Brown said he is very much impressed with Mr. Linet's pro- posal and believes it would be an asset to Highland Beach. He would like to see the Board of Adjustment approve this petition for variances. Mr. Frank Rochelle, representing Casuarina, said the owners of Casuarina Joint Venture requested that they be allowed to consult with their legal counsel regarding this matter. A letter from Mr. Philip Colman of Concordia Properties, Inc., owners of the property immediately to the South of Mr. Linet, dated May 3, 1985, urging that the request for variances by Mr. Linet be denied, was read into the minutes by Chairman Schiff. Mr. Linet was asked by Chairman Schiff what his plans for the property were at the time of purchase. Addressing the board, Mr. Linet stated he is a retired lawyer who • practiced in Dade County. Mr. Linet said he fell in love with the house at 3425 South Ocean Boulevard and purchased it from a Mrs. Gordion. The house is 45 years old and now problems are developing with the floor- ing, the plumbing, the electric wiring, etc. Mr. Linet stated he purchased the property knowing it was zoned RMM, knowing he could get seven or eight units on the parcel. A lengthy discussion between the board members, building official, town attorney and petitioner followed, regarding this petition. At the conclusion of that discussion, Chairman Schiff inquired if the board members are ready to vote on the merits of this petition. Chairman Schiff said when voting as your name is called, if you are voting for the granting, you vote "for the applicant" -- if you are against granting, just use the term "against". The Chair requested a roll call. The recording secretary called the roll which resulted as follows: Mr. Arbetman 'against' Mr. Lorenz 'against' Mr. Cohen 'against' Mr. Kahler 'against' Mr. Schiff 'against' BOARD OF ADJUSTMENT • Public Hearing May 9, 1985 Page 4 of 4 At the conclusion of the roll call, Chairman Schiff said the record should show that the vote not to grant the petition was unanimous. Chairman Schiff adjourned the Public Hearing at, 3:55 P.M. APPROVED: Albert Schiff, Ch a,Xikian filbert Lorenz, Secr ary Albert Kahler a' B. Cohen Charles Arbetman Attest • e-:.. 0 Date: 5/29/85 - amk