1985.07.03_BAA_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA
BOARD OF ADJUSTMENT
PUBLIC HEARING JULY 3, 1985
Board of Adjustment Chairman Albert Schiff called the Public Hearing to
order at 1:30 P.M. to review Petition #5-85-25 submitted by EDGAR AND
EUNICE STOWELL of 4302 INTRACOASTAL DRIVE, TOWN LOT 20, BLOCK 4, BEL LIDO
SUB -DIVISION, requesting a variance of side setback under Section 4.1 (e)
(5) 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 June 5, 1985,
at which five members of the Board of Adjustment were present. A general
discussion followed and members agreed to hold a Public Hearing on Wednes-
day, July 3, 1985, at 1:30 P.M. The workshop meeting was recessed to
allow members to make an on site inspection of the lot and adjoining pro-
perties. Chairman Schiff adjourned that workshop meeting at 2:45 P.M.
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 Regular Members
• Albert Schiff, Gilbert Lorenz, Harold Cohen, Charles Arbetman and alter-
nate member A. M. Fox, Jr. Absent from this workshop meeting was regu-
lar member Albert Kahler.
Also present were Petitioner Edgar Stowell, Town Attorney David Friedman,
Building Official Bruce Sutherland, Phyllis Filker, Steven Muckey, Re-
cording Secretary Anne Kowals and several Town residents.
Chairman Schiff outlined the procedure to be followed at this Public Hear-
ing. The board will first hear from the petitioner on all important facts
regarding this petition. The Building Official will be asked to comment.
Residents of Highland Beach who desire to express their views on this
petition will then be heard. The chair will then read into the minutes
any written comments received regarding this matter. When discussion by
the board is concluded and the Town Attorney has commented on this request
for variance, the chairman will request members to take action they deem
appropriate on the merits of this petition.
The above procedure was agreeable to the petitioner.
Petitioner Edgar Stowell presently residing at 4301 North Ocean Boulevard,
Boca Raton, stated that his wife and he are co -owners of the property at
4302 Intracoastal Drive, Highland Beach, Florida.
BOARD OF ADJUSTMENT
Public Hearing
• July 3, 1985 Page 2 of 2
Continuing, Mr. Stowell said the property is being sold. It was found
that the survey originally prepared by John A. Grant, Surveyor, had been
incorrect. To proceed with the sale, Mr. Stowell requested a variance
for relief on the North side setback.
Mr. Stowell said he purchased the property from builder Vic Ciprano and
he naturally assumed the house was correctly located on the lot.
Building Official Sutherland said the original survey indicated to the
owner that the side setback was 15' so he was well within the setbacks
required in 1970. The Building Department was apprised of the problem
when the owner tried to get a clear title on the property. Mr. Suther-
land said the building permits were issued, based on the survey that
was incorrectly prepared.
Mr. Edward Schmidt of 4221 Intracoastal Drive said he received a certi-
fied letter regarding this request for variance. No one knew there was
a problem, and no one cares --said Mr. Schmidt --it's a nice house and no
one objects to it. No harm is being done to anyone and therefore the
variance should be allowed.
IsTown Attorney Friedman said all the requirements for a variance had been
met and the special condition was not created by the applicant. The
neighbors have no objection - the variance should be granted, stated
Mr. Friedman.
when Mr. Lorenz questioned the current setback on the North side of the
property, he was advised it is 8 feet 9 inches (it should have been 10'
per zoning ordinance 150 which was in effect at that time).
Members were ready to vote on the merits of the petition.
The recording secretary polled the members which resulted as follows:
Mr. Fox 'for' Mr. Lorenz 'for' Mr. Arbetman 'for'
Mr. Cohen 'for' Mr. Schiff 'for'
The vote to grant the petition was unanimous.
Chairman Schiff adjourned the
t\l ggXpnz, S fVretary
Public Hearing at 1:45 P.M.
APPROVED •
Albert Schiff, Ch, i an
Harold B. Cohen.
Cha les betman� A. M. Fox,, Jr.
Attest. .�--�..C_ � � u�¢,l Date C.ccU�2 a3" i I_.'