1986.06.05_BAA_Minutes_WorkshopTOWN OF HIGHLAND BEACH, FLORIDA
• BOARD OF ADJUSTMENT
WORKSHOP MEETING JUNE 5, 1986
Chairman Harold B. Cohen called the Workshop Meeting of the Board of
Adjustment to order at 1:30 P.M. to examine two "Petitions for
Variance".
PETITION #4-86-29 is a request for a variance regarding a boat lift
which encroaches in the 25' side yard setback and extends beyond 5'
into the waterway, under Section 5.2 (d) (1) of Chapter 30 of the
Code of Ordinances of the Town of Highland Beach, submitted by Ira
L. and Phyllis Futeran, 2727 South Ocean Boulevard, for the property
described as Town Lots 116 - 117 West (Villa Magna Dockage on the
West side of South Ocean Boulevard) across from the Villa Magna
Condominium, 2727 South Ocean Boulevard.
PETITION #5-86-30 is requesting a variance regarding an increase of
dock length from 70' to 100' by eliminating the 15' side setbacks,
under Section 5.2 (d) (1) of Chapter 30 of the Code of Ordinances of
the Town of Highland Beach, submitted by Thomas J. Gullett, c/o
Suite 801, Crocker Plaza, 5355 Town Center Road, Boca Raton, Florida
33432, for the property located at 1020 Bel Air Drive, Highland
• Beach, Florida, 33431, Town Lot 4, Highland Beach Isles Sub -
Division.
The recording secretary called the roll. Present were regular members
H. B. Cohen, G. Lorenz, A. Kahler, A. M. Fox, Jr. and alternate member
Raymond Masciarella.
Absent from this meeting were regular member Charles Arbetman and
alternate member David Augenstein.
This procedure, said Chairman Cohen, is for the purpose of reviewing
the applicants' petitions; no official action will be taken by the
board at this time. Formal action will be taken at a Public Hearing
at a future date to be set at the end of this meeting.
After all information is presented, said Chairman Cohen, and a date is
set for the Public Hearing, this meeting will recess to allow members
to make an on site inspection of the parcels. The Workshop Meeting
will then adjourn.
PETITION #4-86-29, MR. & MRS. IRA L. FUTERAN, 2727 SOUTH OCEAN BOULEVARD
Attorney Jim Wheeler, representing Mr. & Mrs. Futeran who reside at
is the Villa Magna, stated his client would like to construct a boat lift
on the Villa Magna dockage across from the Villa Magna Condominium.
BOARD OF ADJUSTMENT
Workshop Meeting
June 5, 1986 Page 2 of 4
When Mr. Fred MacKaig of Mooring Products addressed the board and
informed the members that the proposed boat lift is the same type
of structure that was constructed at the Quatman Residence on Intra-
coastal Drive, Chairman Cohen reminded all that each petition is
considered on an individual basis.
In discussing the installation of the lifting device, Mr. MacKaig
explained that the foundation for said device is constructed by
driving a piling behind the seawall (actually 4' back from the sea-
wall) so as not to rest the foundation on the seawall. The boat
lift will cantilever over said wall.
Addressing the board, Mr. Futeran advised when he purchased the Villa
Magna Condominium and boat dockage across the way, he did not realize
that area on the Intracoastal is not a 'slow' zone.
Continuing, Mr. Futeran said to leave a boat in the water would result
in damage to same; therefore, he desires an elevator lift at his dock-
age to raise the boat out of the water so it will not be affected by
the wake from other boats on the Intracoastal. -Waterway.
is
Mr. Futeran stated his dock is at the end which falls within the 25'
setback; he is requesting a variance for the construction of the
boat lift.
Building Official Sutherland explained the Town Zoning Code limits
the extension of such devices to no more than 5' into the waterway
(this particular device extends ll').
Any dock or lifting device in the RS Zone, continued Mr. Sutherland,
requires a 25' side yard setback (this unit will be 1' to 2' from
the lot line).
Upon questioning, Mr. Futeran stated that he,has the unanimous con-
sent for said installation from the Villa Magna Condominium Assoc.
When Mr. Masciarella commented the application addressed the 25' side
yard setback but not the more than 5' protrusion into the Intracoastal
Waterway, Mr. Futeran said the device is going on the angle wall (not
the finger wall) and that issue does not apply.
Building Official Sutherland stated the protrusion beyond 5' into
the waterway does apply in this matter.
•
BOARD OF ADJUSTMENT
Workshop Meeting
• June 5, 1986 Page 3 of 4
When Mr. Masciarella asked if all boats in that area suffer from the
wave action, the Building Official said most of the docks have been
vacated due to the strong wave action which makes it impossible to
dock a boat on the Intracoastal. Boats have to be lifted out of the
water, continued Mr. Sutherland.
When Chairman Cohen said there might be reason to change the Town
Ordinance, the Building Official added that particular ordinance was
more for the canals --not the Intracoastal.
Town Attorney Friedman said the ordinance provides that lifting acces-
sory uses should not extend more than 5' into the waterway --lifting
devices are valid accessory uses.
Mr. Masciarella stated a special condition does not exist for Mr.
Futeran - it exists for everyone. All boaters have the same problem.
When Chairman Cohen stated the board has to determine if a hardship
exists, Mr. Masciarella said a hardship exists for everyone - not
just one person.
• Members requested that Mr. Futeran provide additional data regarding
the protrusion into the waterway for the Public Bearing.
Chairman Cohen set the date for the Public Hearing for Tuesday,
July 8, 1986, at 9:30 A.M.
PETITION #5-86-30, THOMAS J. GULLETT, 1020 BEL AIR DRIVE
Chairman Cohen stated Mr. Gullett's petition for variance requests
an increase of the dock length from 70' to 100'.
Building Official Sutherland advised the members that the side setback
on docks in the RML-1 Zoning district is 15' from the lot line. This
installation would eliminate the side setbacks. The sketch attached
to the application explains what is requested in this petition for
variance, continued Mr. Sutherland.
Mr. Gullett addressing the board stated he is the owner of three lots
and he would like to join the docks without 'Unity of Title' on the
properties.
Continuing, Mr. Gullett said he has control and would like to join
isthese docks since many docks on this particular canal are joined in
the same manner.
BOARD OF ADJUSTMENT
Workshop Meeting
• June 5, 1986_ Pa e 4 of 4
Mr. Gullett explained there is a hazardous condition existing in that
area. Members will see the dangerous situation when they make their
on site inspection.
Chairman Cohen questioned if joining the property would present a
problem if Mr. Gullett were to sell off a parcel.
Continuing, Mr. Gullett stated this is a boating street where the
docks are joined and used as sidewalks when residents wish to visit
with one another.
When members questioned Mr. Gullett regarding the sketch attached to
the application, Mr. Gullett, after looking at the sketch, said it
did not properly identify the three properties.
Mr. Lorenz requested Mr. Gullett revise his application to show the
correct address of the property regarding the requested variance.
Item 3 on page 1 of the application should also be changed to indi-
cate a length increase of dock from 70' to 115', said Mr. Lorenz.
Chairman Cohen instructed the applicant to revise his application and
• submit proper drawings.
The Public Hearing for this petition is scheduled for July 8, 1986,
following the conclusion of the Futeran Public Hearing.
The Workshop Meeting recessed at 2:45 P.M. to allow members to make
on site inspections of the properties involved in the "Petitions
for Variance".
Chairman Cohen adjourned the Workshop Meeting at 3:35 P.M.
`/ n
-APPROVED: S iv; "
H.
B . Co en, Chairman
G. Loz,,V' e Chairman
A. Kahler
1 A. M Fox, Jr.
• ATTEST
Dated 614_-.2 1 / %IF(_ Ra and Masciarella
amk '7/2/86