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1987.09.28_BAA_Minutes_Workshop• • TOWN OF HIGHLAND BEACH, FLORIDA BOARD OF ADJUSTMENT WORKSHOP MEETING -- MINUTES SEPTEMBER 28, 1987 1:30 P.M. The Workshop Meeting of the Board of Adjustment, Town of Highland Beach, Florida, was called to order by Chairman Cohen at 1:30 P.M. in the Commission Chambers at Town Hall. Town Clerk/Recording Secretary called the roll. Present were Regular Members D. Augenstein, C. Arbetman, G. G. Lorenz, H. B. Cohen and Alternate Member G. M. Harbin who acted as a Regular Member. Absent from this meeting was Regular Member A. M. Fox, Jr. Chairman Cohen advised the purpose of this Workshop Meeting was to review and discuss Petition No. 9--87--34, submitted by Ruth and John Wagy of 3912 South Ocean Boulevard, PH #1, Highland Beach, Florida, requesting a variance from Section 6.5 (a) (b) of Chapter 30 of the Code of Ordinance of the Town of Highland Beach to rebuild a structure on their condominium that was destroyed by fire. The Chair stated no action will be taken by the Board at this time; formal action will be taken at a subsequent Public Hearing scheduled for October 19, 1987, following the Quarterly Meeting at 1:30 P.M. After all information has been presented, the Workshop Meeting will recess to allow the Members to make an on site inspection of the premises. Following the physical inspection, the Workshop Meeting will adjourn, said Chairman Cohen. The Board will hear from the Building Official, the petitioner or his representatives and any citizen of Highland Beach who may have comments to offer, stated Chairman Cohen. Building Official Sutherland informed the Members that the roof -top unit is a non --conforming structure that was erected without a building permit. According to the Town Attorneys, the units were allowed to remain because they have been up longer than 4 years. Inasmuch as this unit was destroyed beyond 70%, the Building Official denied their request to rebuild, in accordance with Section 6.5 (a) (b) of Chapter 30 of the Code of Ordinance. The Building Official stated that the Regency Highland itself is now non --conforming due to the recent zoning changes relating to the height of the building itself. There are two areas of non --conforming, continued Building Official Sutherland, rooms that are sitting on the roof --top and the non --conforming Regency Highland building under today's zoning. Mr. Arbetman administered the oath to Mr. Wagy who then made his presentation. Mr. Wagy stated the structure on his Penthouse Apartment at the Regency Highland was built in 1978 by a contractor who proceeded through the Building Department with plans. The contractor was called by the Building Inspector who stated they were too busy to fool with these things (they've been building all kinds of things on that building), you go ahead and build what you want. We then received per- mission from the condominium and had the structure built, said Mr. Wagy. BOARD OF ADJUSTMENT is Workshop Meeting - Minutes September 28, 1987 Page 2 of 4 Mr. Wagy informed the Members there are 13 units on the top of the building at Regency Highland, each has a terrace with a spiral staircase that leads to a roof --top deck. Ten of those units have structures covering a portion of the deck and all of the stairwell to protect the terrace and stairwell from the elements. The unit built for Mr. Posner in 1982 was permitted; however, the remainder of the units had not been permitted, according to Mr. Wagy's knowledge. The Town determined those to be non --conforming due to a lack of fire protection, etc., and instructed they all be torn down. That was amended when the attorney representing the owners of the structures appeared before a Town Board that directed the non --conforming structures could remain if they were brought up to code by the installation of enunciators, fire and sprinkler systems to be tied into the building. When Chairman Cohen questioned the 1982 building permit issued to Mr. Posner (as mentioned by Mr. Wagy), the Building Official stated he has no evidence of that permit and he does not know why or if it was issued. Mr. Wagy stated the owners had the right to build structures up to 15' on their penthouse decks per the condominium declarations. The units were sold without roof --top structures and it was the option of the owner to build or not build, continued Mr. Wagy. • When Chairman Cohen said the Members will view the site, Mr. Wagy in- formed the Board that there is no structure as the condominium repaired their penthouse deck to its original condition, after the fire. When Mr. Augenstein questioned if these units were used for recreational purposes or as living quarters for someone, Mr. Wagy advised there are no plumbing facilities in the units which are really just patios for a view. If the stairwell is not protected with a covering, it creates a continuing deteriorating situation and there will be no way to replace that stairwell which is necessary for access to the roof --top. Mr. Arbetman questioned the cause of the fire. Mr. Wagy stated the firemen indicated it was electrical; Mr. Wagy suspected it was caused by the portable air conditioner which had no reverse polarity and was rarely, if ever, used. Mr. Augenstein said the Fire Department Report stated the air conditioner had caused the fire. Mr. Harbin commented that rebuilding that structure would be against the code, Chapter 30, Section 6.5 (a) (b) which had been read into the minutes by Chairman Cohen. Mr. Wagy stated that 4 or 5 of the units were built prior to the construction of their unit; and, when the Members make an on site inspection of the premises, they will understand that if the stairwells are not covered and weatherproofed to prevent rain falling down on the • terrace, it will create a very deteriorating situation relative to the entire building. That, said Mr. Wagy, is not a desirable situation for the Town of Highland Beach. BOARD OF ADJUSTMENT Workshop Meeting - Minutes . September 28, 1987 Page 3 of 4 Building Official Sutherland noted there is a difference between having a simple canopy above the stairwell and having a totally enclosed room or building which would have electricity and the possibility of ap- pliances going in to the enclosure. A simple canopy over a stairwell would consist of 2 or 4 pipes erected to support a flat roof. It seems unrealistic to require an enunciator and sprinkler system in a canopied area that is not a living area. This matter will be studied further, continued Mr. Sutherland. The Building Official explained that only four units were before the Code Enforcement Board as they were considered to be in violation. Town Manager Williams noted that a judgement call was made and it was felt that those units that were up there that were strictly to protect the stairwells were not felt to be in violation; the large units that were felt to be rooms were felt to be in violation. Building Official Sutherland said in the case of Mr. Wagy's structure, a building permit will have to be issued in order to rebuild the structure. The other structures that ar,e up there are up and have been given a legal ruling by our legal department that the Town can not touch them, per se, because they're beyond the four year time limit; but, the Town has insisted that they comply to safety regulations. But, there is no one about to issue a permit for a structure on those other units. • Chairman Cohen stated that the Board Members will have an opportunity to review the premises and Mr. Wagy will have another opportunity to make another presentation at the Public Hearing on October 19, 1987. Chairman Cohen recessed the Workshop Meeting for the purpose of making an on site inspection of the premises. Following the on site inspection, Chairman Cohen adjourned the Workshop Meeting at 2:45 P.M. is • Board of Adjustment Workshop Meeting Minutes September 28, 1987 Page 4 of 4 APPROVED: , , � Harold B. Cohe , Chairman G. orenz, V' e Ch. Ch r e Arbetman, Secretary (Absent) %M. FT", D AugensteiiO Of George M Harbin (alt.) ATTEST Date: ? 0