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1987.07.20_BAA_Minutes_Workshop• TOWN OF HIGHLAND BEACH, FLORIDA BOARD OF ADJUSTMENT WORKSHOP MEETING JULY 20, 1987 Chairman Harold B. Cohen called the Workshop Meeting of the Board of Adjustment to order at 1:50 p.m. to examine the following Petitions for Variance: PETITION #7-87-32, requesting an increase in the maximum building width under Section 4.3(e)(12) of Chapter 30 of the Code of Ordinances of the Town of Highland Beach, submitted by Peter C. Ince (agent for owner Connaught Corporation and contract purchaser John Wynne) for Town Lot No. 71 East, located in the 3600 Block of South Ocean Boulevard. PETITION #7-87-33, requesting an increase in the maximum building height, under Section 4.6(e)(11) of Chapter 30 of the Code of Ordinances of the Town of Highland Beach, submitted by Philip Colman for Town Lots 101 East and West, located in the 3200 Block of South Ocean Boulevard. The Recording Secretary called the roll. Present were Regular Members Harold B. Cohen, Gilbert G. Lorenz, Charles Arbetman and David Augenste in. Alternate Member George M. Harbin acted in the absence of Regular Member A. M. Fox, Jr. Also present were Town Attorney • Thomas E. Sliney; Town Clerk/Recording Secretary Mary Ann Mariano; and various members of the general public. This procedure, stated Chairman Cohen, is for the purpose of reviewing the Petitions received. 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 during the first week in September, due to the various vacation schedules of the Board Members. Chairman Cohen further noted that after all information is presented and reviewed, this meeting will recess to allow members to make an on site inspection of the sites. The Workshop Meeting will then adjourn. PETITION #7-87-32 (INCE) Bruce Sutherland, Building Official, explained that the Ince request involved the increasing of maximum building width on a property zoned RML-1 from 100' to 160'. Mr. Sutherland further noted that the request involved the proposal to construct a single family structure. Attorney Robert Eisen, addressed the Board of Adjustment, representing Mr. Ince. Peter Ince, Contractor, and Jack Conway, Architect, were also present. Attorney Eisen passed around a rendering of the proposed structure, noting that although a request was being made to increase the width in this particular zoning classification, that all setback requirements were exceeding those necessary. Attorney Eisen further Is noted that although a maximum building width was promulgated in the RML-1 zone at 1001, this was based on the permissable multi -family structures allowed in that zoning classification. The Ince proposal is a single family structure. In the Town's single family requirement, • Board of Adjustment Workshop Meeting July 20, 1987 Page 2 of 5 there is no maximum building width, and further said proposal exceeds the side and front yard setbacks. Mr. Harbin noted that if this pro- perty were zoned single family, that the proposal would meet all the existing requirements. Attorney Eisen cited the history of Boards of Adjustment noting that their creation was in answer to conflicts in zoning codes where general applications were not compatible with some specific lot configurations. Attorney Eisen noted that with regard to the subject lot (71E), said lot was wider than the depth, which is peculiar to a single family lot, which creates a hardship on the part of an architect in trying to plan the most feasible use in compliance with the existing requirements. It was noted that in most other codes, single family use is permissible in all zoning catagories under the single family regulations. This fact is not specifically set out in the Highland Beach Code which is the reason for the variance being requested. Attorney Eisen stated that he felt that the lot was unique and has hardships, but would benefit the community by the reduction of the allowable density of 4 units, and further was harmonious to the community. Attorney Eisen passed around photographs to show the different types of structures in Town presently • existing. Attorney Sliney stated that all of the points brought out by Attorney Eisen with regard to this request were indeed valid and should be considered. Chairman Cohen noted that a Public Hearing date would not be set until the first week in September due to the vacation schedules of various Board Members. Attorney Eisen will be advised of such date. Mr. Arbetman noted that all of the questions on the Application for Variance had not been fully answered by Mr. Ince and requested that it be completed. PETITION #7-87-33 (COLMAN) Mr. Colman, President of Concordia Investments, Inc. was present. Mr. Colman noted that he was a resident of Villa Magna. Mr. Colman gave a history of his experience in real estate since 1952, noting the various professional affiliations he had with realty and land planning organiz- ations. Mr. Colman stated that his request was to be granted a variance which would give him permission to increase the height of his proposed struc- tures to that allowable under RMH zoning, which is conforming to the existing buildings on either side of his lots (101 E and 101W). Mr. Colman noted that in requiring him to build an 80' building rather than his proposed 120' building, it was depriving him of the most profitable portion of his project, being the upper floors. Mr. Colman noted that the building to the north of his property consists of 13 stories, • Board of Adjustment Workshop Meeting July 20, 1987 Page 3 of 5 while the building to the south consists of 12 stories. Mr. Colman con- tended that the increase in height requested would allow him to build a narrower building which would create more open space between his build- ing and the adjacent buildings. Mr. Colman also noted that the neigh- bors to the north and south would not have to look down upon a roof if the variance was approved. With regard to the west side of the property (Lot 101 West), Mr. Colman contended that due to the mangrove configur- ation, the Intracoastal view would be blocked to those residents who would be living within the 80' required height. Mr. Colman felt that there were rights of owners who had purchased the property prior to the downzoning of same. With regard to Seagate, Mr. Colman stated that no matter what building is allowed, the view would be blocked, however, a narrower building might create a larger open space between the east side buildings which would widen the view for the Seagate residents. Mr. Augenstein noted at this point that this matter is presently under litigation. Mr. Colman noted that he bought the property although the matter was in litigation and his previous proposal to construct 1 building rather than 2 had been denied by the Town Commission. Mr. Colman noted that he chose to purchase the property and take over the • lawsuit which had been lost in court, but was now under Appeal. Mr. Arbetman noted that although Mr. Colman was a fine builder, as evi- denced in the several buildings he has already developed in Town, there was a question of jurisdiction which this matter is in litigation. Mr. Colman noted that during the court proceedings, one of the points made by the Town Attorney was that he had failed to avail himself to all the administrative avenues, which he was trying to do now. Attorney Sliney noted that he has serious reservations on this item being reviewed by the Board of Adjustment inasmuch as it is in litiga- tion at the present time. Attorney Sliney stated that the Trial Court rendered an Order in favor of the Town, and that the time for the availing of administrative procedures had passed. Attorney Sliney re- commended that the Board allow him time to research the matter further inasmuch as there was a requirement that no request may be made within one year, and it was his feeling that this request had been made to the Town Commission. Chairman Cohen also noted his concern in that the Town Code was clear in its 80' height stipulation. Mr. Colman stated that he was in limbo on the matter, however, Attorney Sliney felt that he was not in limbo because this is a matter which has been litigated already and an Order rendered in favor of the Town. • Board of Adjustment Workshop Meeting July 20, 1987 Page 4 of 5 Mr. Colman stated that he was not ignoring the recent Supreme Court ruling regarding the taking of property rights in land use matters and felt that due to the fact that plans for this property had been turned away by the Building Official due to a moratorium in 1984, a taking of property rights had taken place. Mr. Colman feels that a complete de- privation of rights had occured on this property, however, stated that if the Board of Adjustment would approve his variance request, all lit- igation would be dropped in this matter. Mr. Harbin expressed his concern in getting involved with any property that was in the Appeal process. Again, Mr. Colman stated that he would drop the Appeal should the Board of Adjustment act favorably upon his variance request. Mr. Arbetman noted that he did not feel that this was a complete taking of property rights, and therefore, the cited Glendale case did not apply in this case. Mr. Augenstein felt that the Board of Adjustment was not the right body to make any offers to regarding the dropping of litigation. • Attorney Sliney reiterated his position that this was a jurisdictional issue which would need to be researched to see whether the Board of Ad- justment should address this matter any further. Mr. Arbetman noted that the Ordinance is very specific in what action the Board of Adjustment can and cannot take. Mr. Colman contended that he had read the ordinances and felt that this matter was within the jursidiction of the Board of Adjustment. It was the consensus of the Board of Adjustment to await an opinion from the Town Attorney prior to the setting of a Public Hearing. Mr. Colman will be notified as soon as the Board receives an opinion on this issue. The Workshop Meeting recessed at 2:50 p.m. to allow members to make on site inspections, after which the meeting adjourned at 3:35 p.m. 0 Board of Adjustment Workshop Meeting July 20, 1987 Page 5 of 5 ATTEST.� n LJ 0 APPROVED: 7��-c��-� , HiTold old B . Coh n Chairman Lorenz, Urce Ch. es Arnetman ; Secretary (Absent) M. Fox, X. A� D d Augenste' / Ge6rge WA Harbin (alt.)