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1986.07.08_BAA_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA • BOARD OF ADJUSTMENT PUBLIC HEARING JULY 8, 1986 9.30 A.M. Harold B. Cohen, Chairman of the Board of Adjustment, Town of Highland Beach, called the Public Hearing to order at 9:35 A.M. for the purpose of reviewing two "Petitions for Variance". The Recording Secretary called the roll. Present were Regular Members H. B. Cohen, G. Lorenz, C. Arbetman, R. Masciarella (alt.) and D. Augenstein (alt.). Absent from the Public Hearing were Regular Members A. Kahler and A. M. Fox, Jr. Also present were Town Attorney S. Abrams, Building Official B. Suther- land, Recording Secretary A. Kowals, Petitioner I. Futeran with At- torneys J. Wheeler and C. Hertz, Attorney E. Oddo representing Peti-_ tioner T. J. Gullett and several Town residents. A Workshop Meeting was held on Thursday, June 5, 1986, at 1:30 P.M. at • which time five members of the Board of Adjustment examined the two petitions. Each petitioner explained his request in detail and pleaded hardship. Following an on site inspection of the parcels and adjoining properties by members and attorneys, Chairman Cohen adjourned the Workshop Meeting at 3:35 P.M. PETITION NO. 4-86-29, MR. & MRS. IRA L. FUTERAN, 2727 SOUTH OCEAN BOULEVARD, PETITIONER I. FUTERAN, ATTORNEYS J. WHEELER AND C. HERTZ, PRESENT. Chairman Cohen said PETITION NO. 4-86-29 is requesting a variance for 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 pro- perty described as Town Lots 116/117 West (Villa Magna Dockage on the West side of South Ocean Boulevard) across from the Villa Magna Condominium. The Recording Secretary attested to the fulfillment of all the legal requirements. A 'Notice of Public Hearing' was published in the Boca Raton News and proof of Certified Mailing with Return Receipts are on • file. BOARD OF ADJUSTMENT Public Hearing • July 8, 1986 Page 2 of 6 Chairman Cohen said members will hear sworn testimony from the petitioner and persons interested in this matter. Members will discuss the merits of the petition, request advice of counsel and take final action. Attorney C. Hertz, representing Mr. Futeran, circulated a photo of the area of proposed installation and submitted a letter of approval from the Villa Magna Condominium Association regarding this petition. Attorney Hertz explained the finger dock owned by Mr. Futeran is not usable due to the heavy wave action on the Intracoastal Waterway. The angle wall adjacent to the dock slip exagerates the wave action further. The rip -rap beneath the dock creates a hazard to the applicant's boat and increases the possibility of damage to same. The boat lift, continued Attorney Hertz, will extend into a dock basin which is set back from the Intracoastal traffic and will not interfere with movement on the canal. The only piece of property where the boat lift can be constructed re- quires the applicant to encroach into the 25' side yard setback. The conditions and circumstances did not result from the actions of the • applicant, continued Attorney Hertz. Petitioner Futeran, sworn in by Mr. Masciarella, said he is a permanent resident at Villa Magna Condominium and he is applying for a variance to install a boat lift at the South end of the property along the Intracoastal. Mr. Futeran explained the property he owns is an angle wall where the waves bounce off the wall and hit the boat against the dock. Having a boat next to the condominium was the reason Mr. Futeran pur- chased a unit at the Villa Magna. The petitioner is a heart/lung transplant recipient and he must avoid stressful situations. Mr. Futeran said if the Condominium Association does not landscape the West side of AlA as planned, he will landscape around the boat lift to screen the mechanism from view. When Mr. Lorenz questioned the rip -rap, Mr. Futeran stated it runs along the seawall making it necessary to angle the boat lift. Mr. Arbetman said the Board can not contradict or void the Ordinances • of the Town; Mr. Futeran purchased the property subject to the Ordi- nances, setbacks and all requirements of the Town (he bought subject to the conditions that existed). BOARD OF ADJUSTMENT Public Hearing • July 8, 1986 Page 3 of 6 Mr. Lorenz commented that the conditions existing on the Intracoastal affect all docks on the waterway. Mr. MacKaig, President of Mooring Products, explained the lift is a steel structure extending 4' above the seawall cap - it allows the boat to be lifted out of the water. The conditions at Mr. Futeran's dock, continued Mr. MacKaig, are bad; the rip -rap could punch a hole in the bottom of the boat - they want to protect the boat. In his summation, Attorney Hertz said they feel they have shown unusual conditions on the property. Based on everything that is going on in Town, continued Attorney Hertz, we are not asking for anything special or different; we will accept reasonable conditions attached to the granting of this variance. Town Attorney Abrams reminded the members that they are not limited by the Ordinances but by the criteria in the code relating to the granting of a variance. • Mr. Masciarella stated the Board is governed by four factors (perhaps three have been satisfied); he is not sure that condition number four has been met. Mr. Arbetman said he feels as does Mr. Masciarella. Mr. Lorenz stated he thinks granting this variance would open up to requests of a similar nature. Mr. Masciarella made a MOTION to deny this variance. Mr. Arbetman seconded the MOTION. A roll call vote resulted as follows: Mr. Masciarella 'for' Mr. Arbetman 'for' Mr. Augenstein 'for' Mr. Lorenz 'for' Mr. Cohen 'for' The vote to deny the petition was unanimous. Following a brief recess, Chairman Cohen reconvened the Public Hearing at 10:30 A.M. 40 BOARD OF ADJUSTMENT Public Hearing . July 8, 1986 Page 4 of 6 PETITION NO. 5-86-30, THOMAS J. GULLETT, 1020 BEL AIR DRIVE, ATTORNEY E. ODDO, JR. PRESENT. Chairman Cohen said PETITION NO. 5-86-30 is requesting a variance to increase dock length from 70' to 100' by eliminating the 15' side set- backs, under Section 5.2 (d) (1) of Chapter 30 of the Code of Ordi- nances of the Town of Highland Beach, submitted by Thomas J. Gullett, c/o Suite 801, Crocker Plaza, 5355 Town Center Road, Boca Raton, F1., 33432, for the property located at 1028, 1024 and 1020 Bel Air Drive, Highland Beach, Town Lots 4, 5 and 6, Highland Beach Isles Subdivision. The Recording Secretary attested to the fulfillment of all the legal requirements. A 'Notice of Public Hearing' was published in the Boca Raton News and proof of Certified Mailing with Return Receipts are on file. Members will hear the sworn testimony of the petitioner and all parties interested in this request, said Chairman Cohen. Members will discuss the merits of the petition, request advice of counsel and take final action on this matter. • Attorney Oddo, representing Petitioner Gullett, was sworn in by Mr. Masciarella, explained Mr. Gullett was out of Town. The petitioner is requesting to extend the existing dock by eliminating the required 15' side setbacks to combine the three docks into one continuous dock. Continuing, Attorney Oddo stated the property to the East of Mr. Gullett, and around that area, have docks that were extended. Attorney Oddo informed the members that Mr. Gullett owns all three pro- portle.s 100/; two properties (1024 and 1028) are owned by a corporation that is owned by Mr. Gullett and 1020 is owned individually by Mr. Gullett. Mr. Gullett is the only stockholder in the corporation. Surrounding properties have extended docks with intermittent spaces which are hazardous, continued Attorney Oddo; by eliminating the spaces at petitioner's properties, the hazard would be relieved. Chairman Cohen read into the minutes a letter of objection received from Michael P. Sheinson, President of Yachtsmans Cove Townhouse Condo- minium Association, which stated "we strongly object to the elimination of the 15' setback between the properties of 1020 Bel Air Drive and 1016 Bel Air Drive". • Mr. Masciarella commented that there would be space between 1016 and 1020 Bel Air Drive as they have not extended the dock to the property line. BOARD OF ADJUSTMENT Public Hearing • July 8,_1986 Page 5 of 6 Chairman Cohen stated the Board may consider allowing 1020 and 1024 to be joined and not allow the docks to be extended to the property line on the extreme East and West ends of the combined dock. Mr. Masciarella questioned how Mr. Gullett, owning three adjacent par- cels, can run a continuous dock without 'Unity of Title' on the properties. The Building Official stated under 'Unity of Title' the three lots would become one and the owner would have to abide with the setbacks at the outside lot lines. Attorney Oddo advised they can not go for 'Unity of Title' on the parcels as they would have to give up title on 1020 Bel Air Drive. Continuing, Attorney Oddo said most of the docks in the area are conti- nuous; some are condominiums with long length of dock that was constr- ucted years ago. With space between the docks (no gate to show where the dock ends) a hazardous condition exists when residents walk on the docks. Mr. Augenstein stated the docks were not meant to be a promenade for • area residents. Town Attorney Abrams advised the members that number 6 (g) of the Board of Adjustment Operating Procedures states "In granting any variance, the Board may prescribe appropriate conditions and safeguards in con- formity with the Zoning Ordinance". The Board could decide the matter in part and prescribe appropriate conditions, continued Mr. Abrams. Mr. Masciarella stated conditions have not been met for granting this petition. At 1016 and 1032 there will be a gap (a condition that exists in the whole Town). We are not running a dock continuously around the canal, said Mr. Masciarella. Attorney Oddo said due to the fact that 1020, 1024 and 1028 is owned by the same individual, the Board should consider allowing Mr. Gullett to join the docks at 1020 and 1024. Mr. Masciarella commented that, at this time, the Board does not have enough information to address the actual ownership rights. Mr. Lorenz said he was not sure the Board could consider the extension in the center as that would not conform to the Zoning Ordinance; the • Ordinance requires the side setbacks. BOARD OF ADJUSTMENT Public Hearing • July 8, 1986 Page 6 of 6 Following lengthy discussion regarding this variance, Mr. Arbetman made a MOTION that the petition be denied. The MOTION was seconded by Mr. Masciarella. • A roll call vote resulted as follows: Mr. Masciarella 'for' Mr. Augenstein 'for' Mr. Lorenz 'for' Mr. Cohen 'for' Mr. Arbetman 'for' The MOTION for denial carried unanimously. Chairman Cohen adjourned the Public Hearing at 11:15 A.M. t APPROVED: H. B. Co en, Chairman nz, vice Chairman C. Arbetman, Secretary R. asciar w. D. Augenstei ( t.) ATTEST• Date • c �? amk 7-18-86