1985.10.03_BAA_Minutes_Regular (2)•
PUBLIC HEARING
TOWN OF HIGHLAND BEACH, FLORIDA
BOARD OF ADJUSTMENT
VERNON INVESTMENT PROPERTIES CORP.
OCTOBER 3, 1985
Board of Adjustment Chairman Albert Schiff called the Public
Hearing to order at 1:30 P.M. to review Petition No,. 6-85-26
submitted by VERNON INVESTMENT PROPERTIES CORP., of 1 South Ocean
Boulevard, Boca Raton, Florida, requesting a variance of side and
front setbacks under Sections 4.4 (e) (4) (5) of Chapter 30 of
the Code of Ordinances of the Town of Highland Beach, Florida
33431, for the property located at 4517 & 4521 SOUTH OCEAN BOULE-
VARD, HIGHLAND BEACH, FLORIDA 33431, TOWN LOTS NO. 14 & NO. 16.
A workshop meeting to examine the above petition was held on
July 5, 1985. Present were four regular members and one alter-
nate member of the Board of Adjustment. No representative for the
petitioner attended the workshop meeting. Following general
discussion, the members agreed to schedule a public hearing at a
later date. The workshop meeting was recessed to allow members to
make an on site inspection of the parcels and adjoining proper-
ties. Chairman Schiff adjourned that workshop meeting at
2: 30 P.M.
All legal requirements have been met as 'Notice of Public
Hearing was published in the Boca Raton News. Return receipts
from recipients of certified letters were forwarded to the
Building Department and are on file.
The recording secretary called the roll. Present were Regular
Members Albert Schiff, Harold Cohen, Gilbert Lorenz, Albert
Kahler, Charles Arbetman and Alternate Member Raymond
Masciarella. Absent from this public hearing was Alternate Mem-
ber A. M. Fox, Jr.
Also present were Town Attorney David Friedman, Building Official
Bruce Sutherland, Recording Secretary Anne Kowals, Robert Cole
representing Vernon Investment Properties Corp., and several Town
residents.
The procedure to be followed at this public hearing was outlined
by Chairman Schiff. The board will first hear from the petitioner
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 read into the minutes any written comments
received regarding this petition. When discussion by the board is
concluded and the Town Attorney has commented on this variance
request, the chairman will request members to take action they
• deem appropriate on the merits of this petition.
BOARD OF ADJUSTMENT - PUBLIC HEARING
Vernon Investment Properties Corp.
• October 3, 1985 Page 2 of 3
Town Attorney David Friedman, counsel to the Board of Adjustment,
said he represents the current owners in a law suit; and, in order
to avoid a conflict of interest, he will respond to procedural
questions only.
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Mr. Robert Cole of Vernon Investment Properties Corp. informed the
Board of Adjustment Members that they are proposing to erect two
buildings (each building will house eight luxury condominiums -two
units per floor) on the property.
Each building will be 58 feet wide and 48 feet high. Underground
parking will provide two spaces for each condominium.
Not meeting the present setback requirements, Vernon Investment
Properties Corp. filed a 'Petition for Variance' requesting a
reduction of the front yard setback from a required 53 feet to 32
feet and a reduction of the required 33 feet of the side yard
setback to 20 feet on each side.
Mr. Cohen questioned if one could use the property without re-
questing a variance and complying to the present zoning.
Mr. Cole replied that he didn't believe it could be done with the
quality project Vernon Investment Properties is proposing.
Chairman Schiff said he carefully examined the original applica-
tion and was unable to find undue hardship.
Mr. Cohen stated it is difficult to see a particular undue hard-
ship that is not self induced. Continuing, Mr. Cohen said this
piece of property can be used properly without requiring a
variance.
Building Official Sutherland said, from a technical standpoint,
the units can be placed on the property if they were redesigned.
There were no residents who wished to be heard regarding this
petition.
The members were ready to act on the merits of the petition. A
roll call vote of the regular members resulted as follows:
Mr. Lorenz 'AGAINST' Mr. Kahler 'AGAINST'
Mr. Arbetman 'AGAINST' Mr. Cohen 'AGAINST'
Mr. Schiff 'AGAINST'
The vote to deny the variance was unanimous.
Chairman Schiff adjourned this public hearing at 2:00 P.M.
BOARD OF ADJUSTMENT - PUBLIC HEARING
Vernon Investment Properties Corp.
• October 3, 1985 Page 3 of 3
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APPROVED:&4-1�, P -.(
Albert Schiff, Chairman
Harold B. Co en, Vice Chairman
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Gilbert Lore ec etary
b "t ah er
CharA,ts Arbetman