1987.10.19_BAA_Minutes_Regular (2)TOWN OF HIGHLAND BEACH, FLORIDA
BOARD OF ADJUSTMENT
PUBLIC HEARING -- MINUTES
Monday, October 19, 1987 2.10 P.M.
The Public Hearing of the Board of Adjustment was called to order by
Chairman Cohen at 2:10 P.M. in the Commission Chambers at Town Hall to
examine Petition No. 9--87-34 submitted by Ruth and John Wagy.
Chairman Cohen noted a Workshop Meeting was held on September 28, 1987
at 1:30 P.M. when the petitioners explained, in detail, their request
for a variance from Town Ordinance Section 6.5 (a) (b) of Chapter 30, to
rebuild a structure (which had been destroyed by fire) on their condo-
minium. Board Members and the Town Attorney visited the site and
observed, at first hand, the physical aspects of this petition. As no
official action could be taken at that Workshop Meeting, continued
Chairman Cohen, the Board is now meeting to adjudicate this matter.
Town Clerk Recording Secretary Mariano called the roll. Present were
Chairman H. Cohen, Vice Chairman G. Lorenz, Secretary C. Arbetman,
Regular Members A. M. Fox, Jr., D. Augenstein and Alternate Member G. M.
Harbin.
• The Town Clerk/Recording Secretary attested to fulfillment of all
requirements with respect to the posting of the Public Hearing and the
advertising of same. Certified Letters were forwarded to appropriate
property owners located within 300' and the Return Receipts were
received and placed on file.
Chairman Cohen advised the following procedure: when all information is
submitted, the Members of the Board of Adjustment will discuss the case,
seek advice of Counsel and the Board will take action. Members heard
the sworn testimony of the petitioner and all parties interested in this
matter.
Under oath, Mr. Wagy (the Petitioner) said that he felt all Board Mem-
bers understand the request to replace the property that had been
destroyed by fire. Although there is a conflicting ordinance relative
to nonconforming buildings which was recently adopted, continued Mr.
Wagy, it is his understanding that he has certain rights under the High-
land Beaph Building Code to replace property destroyed within a certain
time limit, and it is this Board's responsibility to balance those
conflicting ordinances and make a reasonable decision on what should be
done.
Chairman Cohen acknowledged that Mr. Wagy made his presentation at the
Workshop Meeting and is reiterating what had been stated at that time.
At this point, Chairman Cohen asked if the Members had any questions for
the Petitioner.
r�
L
•BOARD OF ADJUSTMENT
Public Hearing Minutes
October 19, 1987 Page 2 of 3
Mr. Arbetman noted that the Petitioner does have an open stairway that
could deteriorate if not properly protected; however, by ordinance, he
is not permitted to rebuild the structure to its former state. It was
Mr. Arbetman's opinion that the Petitioner be allowed to cover his
stairway to prevent damage from the elements.
Alternate Member Harbin said that to deny this petition would create a
real hardship for Mr. Wagy because his property would depreciate in
value.
Mr. Augenstein commented that the building itself had been declared non-
conforming due to the structures that exist on the roof; therefore, to
permit the Petitioner to rebuild his unit would only proliferate the
matter.
When Chairman Cohen stated that the stairwells leading to the roof were
covered as an after -thought, Mr. Wagy advised the Board that that was
permitted according to the condominium documents. Chairman Cohen added
that it was nonconforming to add to the height of the building, at that
time. As the entire nonconforming structure was destroyed to the extent
of more than 70% of the assessed value, it can not be reconstructed
except in conformity with the provisions of the present zoning
•ordinance. As a Board Member, continued Chairman Cohen, I can not see
allowing the structure to be rebuilt.
Building Official Sutherland noted there are two units with merely a
covering (to protect the stairwell) which have no function --they remain
there because they have been grandfathered in and they do not present a
fire hazard. The Building Official stated that, since Mr. Wagy's struc-
ture burned down, our code does not permit it to be rebuilt. When Mr.
Arbetman stated Mr. Wagy will have damage in the area if he is not al-
lowed to cover the stairwell, the Building Official advised that was not
so because the building was designed with an open steel or cast iron
stairway where the water runs down the stairs and out off the balcony;
naturally, maintenance is required. Building Official Sutherland in-
formed the Members that half of the stairwells are without any
covering.
Vice Chairman Lorenz said when the owners bought those apartments, they
were aware of the uncovered stairwells and the condominium documents
which gave them air rights of 15' above the upper deck; however, in view
of the revised ordinance, it is nonconforming and that no longer
applies. The Vice Chairman said Mr. Wagy should only be allowed to
cover his stairwell for protection.
Mr. Wagy advised the Members of the Board of Adjustment that he is
interested in rebuilding what was destroyed by the fire --he is not
interested in anything else.
•
• BOARD OF ADJUSTMENT
Public Hearing Minutes
October 19, 1987 Page 3 of 3
Mr. Fox said it was his feeling that the Board of Adjustment would be
setting a precedent if they allowed Mr. Wagy to rebuild his structure ----
the Board should not be setting any precedents.
Following much discussion,MR. AUGENSTEIN/MR. FOX made a MOTION that the
petition be denied.
A roll call vote resulted as follows:
Mr. Augenstein 'for'
Mr. Fox 'for'
Mr. Cohen 'for'
Mr. Arbetman 'for'
Mr. Fox 'for'
Upon proper MOTION, Chairman Cohen adjourned the Public Hearing at
2:35 P.M.
40
��....._
um
40
APPROVED:
Harold B. Cohen,< hairman
&i4Ej? L=z \
,..
i b ',,G. Lorenz, ice Ch.
o
�u
C ar s Afbetman, Secretary