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1987.10.19_BAA_Minutes_RegularMonda TOWN OF HIGHLAND BEACH, FLORIDA BOARD OF ADJUSTMENT QUARTERLY MEETING - MINUTES October 19. 1987 The Quarterly Meeting of the Board Beach, Florida, was called to order Chambers at Town Hall at 1:30 P.M. 1:30 P.M. of Adjustment, Town of Highland by Chairman Cohen in the Commission Chairman Cohen noted that at the conclusion of the Quarterly Meeting which will be formally adjourned, the Board of Adjustment will proceed to hold a Public Hearing to consider Petition for Variance No. 9-87-34, submitted by Ruth and John Wagy. The Town Clerk/Recording Secretary called the roll. Present were Chair- man H. Cohen, Vice Chairman G. Lorenz, Secretary C. Arbetman, Regular Members A. M. Fox, Jr., D. Augenstein and Alternate Member G. Harbin. Upon MOTION by MR. AUGENSTEIN/MR. LORENZ, the Minutes of the July 20, 1987 Quarterly Meeting were approved as submitted. The MOTION carried unanimously. MOTION by MR. AUGENSTEIN/MR. LORENZ, to approve the Minutes of the July 20, 1987 Workshop Meeting as submitted carried unanimously. • A MOTION by MR. LORENZ/MR. AUGENSTEIN to approve the Minutes of the September 22, 1987 Public Hearing as submitted carried unanimously. MOTION to approve the Minutes of the September 28, 1987 Workshop Meeting by MR. AUGENSTEIN/MR. LORENZ carried unanimously. The annual election of officers for the Board of Adjustment was the next item agenda and the meeting was turned over to the Town Clerk/Recording Secretary who requested nominations for Chairman, Vice Chairman and Secretary. Nomination of Harold Cohen as Chairman of the Board of Adjustment was made by MR. AUGENSTEIN/MR. FOX. As there were no further nominations for Chairman, MR. ARBETMAN/MR. FOX made a MOTION to approve the nomination. Same carried unanimously and the Town Clerk/Recording Secretary announced Mr. Cohen had been elected Chairman of the Board of Adjustment. MR. COHEN/MR. ARBETMAN nominated Gilbert Lorenz as Vice Chairman of the Board of Adjustment. As there were no other nominations for Vice Chairman, MR. ARBETMAN/MR. FOX made a MOTION to close the nominations with the election of Mr. Lorenz as Vice Chairman. The MOTION carried unanimously; Mr. Lorenz was elected Vice Chairman of the Board of Adjustment. BOARD OF ADJUSTMENT • Quarterly Meeting - Minutes October 19, 1987 Page 2 of 4 MR. COHEN/MR. AUGENSTEIN nominated Mr. Arbetman as Secretary of the Board of Adjustment. As there were no further nominations, MR. COHEN/MR. FOX made a MOTION to close the nominations. The MOTION was favorably received by all members and Mr. Arbetman was elected Secretary of the Board of Adjustment. The Board Members received a cc regarding the Status of Buildir. Sutherland stated the status of site plan approval was granted, Mr. Sutherland. If, two years is not substantially completed, additional building permit fee special agreement between the Z they will lose that building pe py of the Building Department Report g Development in Town. Building Official Royal Highlands has not changed. After a permit was issued last November, said after the permit is issued, the building the Town has the right to levy an on that project. There is nothing in the own and the developer that states when rmit, continued the Building Official. The Town Clerk/Recording Secretary informed the Members that the Royal Highlands Property is up for a sheriff's sale as there is a lien against that parcel. When Chairman Cohen questioned how the sheriff's sale would affect the Town regarding the site plan approval and building permits, the Town Clerk/Recording Secretary stated Town Attorney Sliney advised the Planning Board Members that apparently property rights go . with the property regardless of who the owner is. OLD BUSINESS - None. NEW BUSINESS None. The next agenda item was open discussion on the part of the Members. Alternate Member Harbin stated he sent a letter to this Board last July expressing his concern regarding the decision made by the Board of Adjustment regarding the Boyd Fence. Mr. Harbin commented that the fence is not visible where it is and he requested the Members review that site and perhaps reverse their previous decision which would require the fence be moved. Photos of the site, taken by Mr. Harbin, were circulated amongst the Members. Chairman Cohen explained that after the Boyds had a fence erected without applying for a permit which violated the zoning ordinance that requires a 25' front yard setback when they placed the fence behind the existing hedge, they then applied for a Variance which was denied and the Boyds were told the fence had to be moved back 5'. The Board of Adjustment is here to adjudicate a matter on the basis of an ordinance, stated Chairman Cohen, and once we do so, the way to get any remedy from that ordinance is to attack the Board's decision. Following much discussion, when Mr. Harbin said that he would like the • Boyds to have another chance regarding this matter, Town Attorney Friedman stated the petitioner can reapply to the Board of Adjustment after one year expires. . 1. • BOARD OF ADJUSTMENT Quarterly Meeting Minutes October 19, 1987 Page 3 of 4 Mr. Augenstein commented that Miss DeMarco represented the Boyds at the Public Hearing and, according to her testimony, the fence company admitted they were in error and were willing to move the fence 5' back. A memorandum dated July 21, 1987, from Mayor Stewart to Building Official Sutherland regarding the Boyd Fence was read into the minutes by Town Attorney Friedman who then stated that it was his feeling the memo was instructing the Building Official to carry out the order of the Board of Adjustment. Chairman Cohen stated a policy regarding the 'oath' should be established whereby a Florida Bar Member in attendance at the Board Meetings or the Town Clerk/Recording Secretary who is a Florida Notary administer the 'oath' to witnesses who are to testify. Secretary Arbetman will prepare the 'oath' that will be administered by the Town Clerk/Recording Secretary. Secretary Arbetman requested Attorney Friedman provide him with a copy of the Florida Statute 454.17 regarding the administering of the 'oath'. Said Statute to be supplied complete and not taken out of context. In the meantime, Mr. Arbetman agreed to the Town Clerk/Record- ing Secretary to administer the oath pending Mr. Arbetman's reading of • the complete Statute and application thereof. Chairman Cohen scheduled the next Quarterly Meeting of the Board of Adjustment on Monday, January 18, 1988 at 1:30 P.M. Following proper MOTION, Chairman Cohen adjourned the Quarterly Meeting at 2:05 P.M. u • BOARD OF ADJUSTMENT Quarterly Meeting - Minutes October 19, 1987 Page 4 of 4 APPROVED: Harol B. Cohen, C, rman \ .\ Lorenz , Vice h . ATTEST Date: amk n U arles F,rb,p5tr%a4i,,, Secretary ". M. Fo(, Jr. avid Au en t in