1985.06.05_BAA_Minutes_WorkshopA
TOWN OF HIGHLAND BEACH, FLORIDA
BOARD OF ADJUSTMENT
• WORKSHOP MEETING JUNE 5 1985
•
•
Chairman Albert Schiff called the Workshop Meeting of the Board of Ad-
justment to order at 1:30 P.M. to examine Petition #5-85-25, submitted
by Edgar and Eunice Stowell, requesting a variance of side setback
under Sections 4.1 (e) (5) of Chapter 30 of the Code of Ordinances of
the Town of Highland Beach, Florida.
The recording secretary called the roll. Present were Messrs. Albert
Schiff, Gilbert Lorenz, Harold Cohen, Charles Arbetman and Albert Kahler.
Also present were Petitioner Edgar Stowell, Phyllis Filker, Steven
Muckey and Recording Secretary Anne Kowals.
Absent from this Workshop Meeting was alternate member Mr. A. M. Fox, Jr.
Chairman Schiff explained the board will first hear from the petitioner.
The Building Official will be asked to comment next. The board members
will then discuss the merits of the petition. After all comments are
heard, the chairman will set a time and date for a Public Hearing. The
Workshop Meeting will be recessed for the purpose of an on site inspec-
tion of the property.
At this point, Chairman Schiff inquired why the petitioner, Mr. Stowell,
was requesting this variance.
Mr. Stowell said he is selling the property. A survey shows improper
location of the building on the lot. It is off some 2' on the North
side. We are requesting this variance, continued Mr. Stowell, so we
can proceed with the sale.
The original survey was prepared by John A. Grant, Consulting Engineers
& Surveyors of Boca Raton, Florida, in 1970, at which time the side set-
back was 10' (Ordinance #150).
Mr. Stowell stated the survey error became apparent when a building was
constructed on the lot adjoining his property on the South. That was
about 6 or 7 years ago. Grant Surveyors were apprised of the matter
and said they would re -survey the property. They have never done so.
When Mr. Stowell approached the Town in regard. to this matter, he was
advised 'not to worry unless you sell'.
Building Official Bruce Sutherland was not present at this Workshop
Meeting.
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BOARD OF ADJUSTMENT
Workshop Meeting
June 5, 1985 Page 2 of 2
Chairman Schiff read into the minutes a memorandum dated May 28, 1985,
from the Building Official to the Board of Adjustment stating in part:
"These special conditions and circumstances did not result
from the actions of the applicant. This problem was brought
forward due to mortgage loan requirements for a clear title."
Mr. Steven Muckey who is in the process of purchasing the property from
Mr. Stowell, distributed copies of the most recent surveys prepared by
two different land surveyors (O'Brien, Suiter & O'Brien, Inc., and
Richard L. Shepard & Assoc., Inc.).
The surveys by O'Brien and Shepard concur with the North side setback
being 8.9'. Mr. Muckey said the two surveys were done to be certain
that the Grant survey was in error.
The board members discussed the petition at length. After reviewing
the original building plans and data regarding issuance of permits,
etc., the members agreed to set a date for the Public Hearing concern-
ing this request for variance.
Chairman Schiff scheduled the Public Hearing for Wednesday, July 3,
1985, at 1:30 P.M. Following this Public Hearing, the Board of Ad-
justment will hold their Quarterly Meeting.
Chairman Schiff recessed the Workshop Meeting at 2:05 P.M. to allow
the members to make an on site inspection of the property.
After the on site inspection, members returned to Town Hall. At
2:45 P.M. Chairman Schiff adjourned the Workshop Meeting.
APPROVED: !
Albert Schiff, Chai
/IlVan
ilber Lorenz(W r��/`��)
I _ C!
Albert Kahler
ATTEST:
Date: