1985.10.03_BAA_Minutes_Regular (3)TOWN OF HIGHLAND BEACH, FLORIDA
. BOARD OF ADJUSTMENT
YACHTSMAN'S COVE TOWNHOUSE CONDOMINIUM, INC.
PUBLIC HEARING OCTOBER 3.19R5
Chairman Albert Schiff, Board of Adjustment, called the Public
Hearing to order at 2:00 P.M. to review Petition No. 7-85-27 sub-
mitted by YACHTSMAN'S COVE TOWNHOUSE CONDOMINIUM, INC., c/o ROBERT
A. EISEN, ESQ., MARCHBANKS, EISEN & FEAMAN, P.A., 4700 N.W. 2nd
Avenue, Suite 101, Boca Raton, Florida 33431, for a variance of
rear yard setback under Section 4.3 (e) (6) of Chapter 30 of the
Code of Ordinances of the Town of Highland Beach, Florida 33431,
for the property located at 1010 BELAIR DRIVE, BUILDING B, UNITS
1, 2, 3, & 4, HIGHLAND BEACH, FLORIDA 33431, Town Lots No. 1, No.
2 &'No. 3, HIGHLAND BEACH ISLES SUBDIVISION.
A workshop meeting to examine this petition was held on August 19,
1985. Present were three regular members and one alternate mem-
ber. Representing the petitioner was Attorney Mark Gaylord.
After general discussion, members and the petitioner's
representative agreed to schedule a public hearing at a later
date. The workshop meeting was recessed to allow members and the
petitioner's attorney to make an on site inspection of the
property and adjoining parcels. Following the inspection, the
• workshop meeting was adjourned at 2:35 P.M.
Notice of this public hearing has been posted and advertised in
the Boca Raton News.
Certified letters, return receipt requested, were not mailed to
the owner's of property within 300 feet of the petitioner's
property. There are no return receipts on file.
Present at this public hearing were Regular Members Albert Schiff,
Harold Cohen, Gilbert Lorenz, Albert Kahler, Charles Arbetman and
Alternate Member Raymond Masciarella. Absent was Alternate Mem-
ber A. M. Fox, Jr.
Also present were Town Attorney David Friedman, Building Official
Bruce Sutherland, Recording Secretary Anne Kowals, Attorney Mark
Gaylord representing Yachtsman's Cove Townhouse Condominium, Inc.
and several Town residents.
Attorney Gaylord, representing Yachtsman's Cove, stated that he
was present at the workshop meeting, at the request of Bob Eisen
who was out of Town. Upon conclusion of the meeting and on site
inspection, Mr. Gaylord drafted a memo to Bob Eisen listing the
board's request for a more detailed sketch to be submitted to the
building official and stating certified mailing was required.
On September 9th, Mr. Eisen sent a letter to Mrs. Drake of Yachts-
man's Cove requesting a more detailed set of plans, said Attorney
Gaylord. To date, that request has not been complied with.
BOARD OF ADJUSTMENT
Public Hearing - Yachtsman's Cove
• October 3, 1985 Page 2 of
Mr. Gaylord said he is aware that the board has been diligent in
trying to reach Mr. Eisen; however, there was a lack of
communication between Mr. Eisen and the board.
Attorney Gaylord requested a postponement of the public hearing
(they would pay to have the 'Notice of Public Hearing' republished
in the Boca Raton News). If detailed plans are available,
continued Attorney Gaylord, they would submit same to the Building
Department and send out the certified letters as required.
Mr. Cohen mentioned that the request of the applicant was for a
medical reason; however, two of the condominiums have a screened
porch where residents can sit and view the Intracoastal Waterway.
Attorney Gaylord stated he spoke with Mrs. Drake who informed him
those porches are only 4 feet wide and cause her to feel
claustrophobic when her sliding glass doors are closed. The
cement slab does extend out, continued Attorney Gaylord, they are
just asking to have it screened in.
Chairman Schiff questioned if it were within the purview of the
board to take unofficial action in terms of how the members feel
regarding this particular petition.
• Mr. Cohen felt the board could properly deny this petition on the
basis of not having sufficient information (the application was
before the board but there wasn't enough of a presentation).
Attorney Friedman suggested this application be withdrawn and the
petitioner file another application, if so desired, and pay an
additional fee.
Attorney Gaylord said they would not want to pay another
application fee of $500. To this, Chairman Schiff replied that he
sensed the board was trying to discourage another application to
save the petitioner the fee.
Attorney Gaylord withdrew this application, without prejudice.
The Board of Adjustment Members accepted the withdrawal of this
petition.
Chairman Schiff adjourned the scheduled public hearing at 2:15
P.M. as the legal requirements were not met and Attorney Gaylord
withdrew the petition, without prejudice.
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BOARD OF ADJUSTMENT - PUBLIC HEARING
Yachtsman's Cove Townhouse Condominium, Inc.
October 3, 1985 Page 3 of 3
APPROVED :12-1x "p-,e. �, _ /Z _8S`)
Albert Schiff, Chairman
arold B. C en, Vice Chairman
Gilbert Lo nz, Spere a y
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