1986.02.11_BAA_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA
BOARD OF ADJUSTMENT
JOSEPH QUATMAN
PUBLIC HEARING FEBRUARY 11, 1986
Chairman Harold B. Cohen, Board of Adjustment, called the Public Hear-
ing to order at 1:30 P.M. to review Petition #1-86-28 submitted by
JOSEPH QUATMAN of 4204 INTRACOASTAL DRIVE, TOWN LOT 26, BLOCK 4 BEL
LIDO SUBDIVISION, requesting a variance for a mechanical boat lift
under Section 5.2 (d) (1) of Chapter 30 of the Code of Ordinances of
the Town of Highland Beach, Florida.
The recording secretary called the roll. Present were Regular Members
Harold B. Cohen, Gilbert G. Lorenz, Charles Arbetman, Albert Kahler,
A. M. Fox, Jr., Alternate Members Raymond Masciarella and David
Augenstein.
Also present were Petitioner Joseph Quatman, Town Attorney David
Friedman, Building Official Bruce Sutherland, Recording Secretary
Anne Kowals, Attorney Adam Heffner (representing the petitioner)
and several Town residents.
isA workshop meeting to examine the above petition was held on Monday,
January 20, 1986 at 1:30 P.M. at which six members of the Board of
Adjustment were present. The petitioner explained his request for
variance in detail and pleaded hardship. The workshop meeting was
recessed to allow members and attorneys to make an on site inspec-
tion of the lot and adjoining properties. Chairman Cohen adjourned
that workshop meeting at 3:30 P.M.
All legal requirements have been met. A 'Notice of Public Hearing'
was published in the Boca Raton News and proof of Certified Mailing
and Return Receipts are on file.
Chairman Cohen said the Board of Adjustment requires sworn testi-
mony; however, anyone with a religious objection or valid reason
would be absolved from taking an oath.
Alternate Member Raymond Masciatella administered the oath to Peti-
tioner Joseph Quatman.
Mr. Quatman stated that at the workshop meeting he discussed his
petition in detail, showed sketches and accompanied the members to
the premises. At the on site inspection, said Mr. Quatman, members
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questioned the setbacks.
BOARD OF ADJUSTMENT
Public Hearing
• February 11, 1986 Page 2 of 3
The Building Official issued a memorandum to the Board of Adjustment
on February 11, 1986 advising that a lifting and launching device is
an accessory use and as such does not infringe on rear yard setbacks.
Continuing, Mr. Quatman said the lift would be a minimum of 30' from
the side line (the zoning ordinance requires a 25' side setback from
adjacent lot). In view of the contents of the petition, exhibits
attached and the memorandum from the Building Official, Mr. Quatman
said he had no ,further statements to make.
Chairman Cohen asked if members had any questions at this time.
When Mr. Kahler, who was absent from the workshop meeting, inquired
if the petitioner considered the installation of davits rather than
the mechanical boat lift, Mr. Quatman explained the hazardous condi-
tions existing at his dock area due to heavy wave action.
The marine construction people, continued Mr. Quatman, recommended
the installation of a mechanical boat lift system which operates as
a fork lift (it goes under the boat and lifts it up).
• Following much discussion, Chairman Cohen asked the Town Attorney
for his opinion on the matter.
Attorney Friedman said the front setback does not apply based on
the fact that it is an accessory use. The Town Ordinance refers
to side setback - it is within the 25' required. The rear setback,
continued Attorney Friedman, is exempt because it is an accessory
use.
When Mr. Arbetman questioned how far the petitioner is from the
nearest neighbor, Mr. Quatman stated his neighbor to the East is
a minimum of 30' away --to the West is the Intracoastal Waterway.
Chairman Cohen said it was suggested that if the variance is granted,
it be granted with the condition that the elevator be raised at all
times for the purpose of being visible to all boaters.
Town Attorney Friedman said the Board of Adjustment can attach con-
dition/conditions to the variance.
Mr. Quatman said there will be guide posts with colored reflectors
on top that would be above the water at all times so that traffic
iscan see the obstacle. And, continued Mr. Quatman, I would keep the
elevator raised.
BOARD OF ADJUSTMENT
Public Hearing
• February 11, 1986 Page 3 of 3
Mr. Quatman informed the members that when the lift is down, it
reaches to the waterway; when it is up, it travels towards the
house and would extend about 5' into the waterway. The height
would be 2 to 3' above high tide - it would not be as high as
the seawall but close to it.
L_J
•
Chairman Cohen said the petitioner seems to conform to Coast Guard
Requirements (61/ of the area is open for navigation). Assuming the
oposite neighbor would install the same type of lift, Mr. Quatman
would still be in conformance with the Coast Guard Requirement of a
minimum of 50% of the area being clear for navigational purposes.
Relying on Mr. Quatman's statement, under oath, that he would be in
conformity of Coast Guard Requirements of a minimum of 50/ of the
area being clear for navigational purposes, after much discussion,
the members were ready to propose a MOTION.
Mr. Lorenz made a MOTION, seconded by Mr. Fox, that the variance be
granted to Mr. Quatman for the building of a lifting and launching
device extending 16' into the canal, on the condition that when the
lift is not in use, it be kept in the raised position.
Mr. Arbetman added to the MOTION "that a sufficient warning device
be attached to the lifting device (such as a reflector of obvious
color) to call attention to any on the waterway".
A roll call vote resulted as follows:
Mr. Fox 'for'
Mr. Lorenz 'for'
Mr. Kahler 'for'
Mr. Arbetman 'for'
Mr. Cohen 'for'
The vote to grant the petition for variance was unanimous.
Chairman Cohen adjourned the Public Hearing at 2:10 P.M.;.
APPROVED:
.Harold B. Coh n,_ Chairman
Albert Kah er
A. M. Fox, Jr. Ch rles
i
ATTE S
Date
amk
.,Lorenz, VX Chairman
etman, Secretary