1990.01.16_BAA_Minutes_RegularTOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
REGULAR MEETING
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Tuesday, January 16, 1990 9:30 A.M.
Chairman Harold B. Cohen called this Regular Meeting of the Board of
Adjustment to order at 9:30 A.M. in Commission Chambers at Town Hall.
Deputy Town Clerk Doris Trinley called the roll. Present were Chairman
Cohen, Vice Chairman David Augenstein, Regular Members Reese James and
Jane Rayner and Alternate Members Robert F. Selby and A.G. Voress.
Regular Member Gilbert Lorenz was absent.
Also present was Mayor Joseph A. Boulay.
Chairman Cohen acknowledged the Town Commission's re-appointment of
David Augenstein to a 3-year term as Regular Member and A.G. Voress to
a 1-year term as Alternate Member.
Upon MOTION by Mr. Augenstein/Mr. James, the minutes of the Regular
Meeting of October 17, 1989 were unanimously approved.
ELECTION OF OFFICERS
The Deputy Town Clerk called for nominations and upon MOTION by
Mr. James/Mr. Augenstein, Harold B. Cohen was unanimously re-elected as
Chairman. Upon MOTION by Mr. Cohen/Mr. James, David Augenstein was
unanimously re-elected Vice Chairman. Upon MOTION by Mr. James/Mr.
Cohen, Gilbert G. Lorenz was unanimously re-elected Secretary.
On behalf of himself, Mr. Augenstein and Mr. Lorenz, Mr. Cohen thanked
the members for their confidence and support.
DISCUSSIONS
Noting that Boca Beach Homes (Alan Landsman/Owner) had received a
variance for side setbacks on a two-story structure from 20' to 12' in
October 1989 (4301 S. Ocean Blvd., Lot 30), Mr. James questioned the
fact that as of this date no plans have been submitted. It would seem
appropriate, he continued, that when a variance is sought and subse-
quently granted, the petitioner should be prepared to do something
within a reasonable period of time.
A discussion ensued among the members as to whether a variance would
"run with the land" should the property be sold by the original peti-
tioner. Mr. Cohen felt that it would; Mr. Augenstein felt that there
should be a time limit for the filing of permits after a variance was
granted; Mr. James questioned the possibility of a petitioner being
granted a variance on a single-family home and in turn selling the
Board of Adjustment
Minutes - Regular Meeting
January 16, 199P! Page 2 of 2
. property to someone who wanted to build a two-family home - would the
variance still apply? In order to clarify this situation, Chairman
Cohen asked the Deputy Town Clerk to request that the Town Manager
check with the Town Attorney for a legal interpretation. (Same will be
attached to and be made part of these minutes.)
Chairman Cohen then informed the members that updated zoning books
(Chapter 30) were available through the Town Clerk's office. He re-
quested that the Deputy Town Clerk have copies made for the members, to
be available for the next Board of Adjustment Meeting.
A general discussion of the status of certain Town projects took place
among the members, including Highland Ocean Associates (Lots 20-28),
the Gordon residence (1125 Bel Air Dr., Lot 11, Block 1 Bel Lido) and
the county-owned land in the south end of the Town that is earmarked
for a park.
Mayor Joseph A. Boulay was in attendance, so Chairman Cohen directed
some questions about the proposed county park to him. Mayor Boulay re-
sponded with a number of facts, i.e., the county person previously in
charge had been replaced; Indian artifacts had been found on the site,
which limits what can be done with the land; this stretch of beach was
not known to be good for surfing, which would limit its appeal to cer-
tain segments; and that the Town had been assured it will be allowed
representatives within the county planning group that will address the
• park issue. In regard to representation, Mr. Augenstein requested that
the Mayor try to have someone from Boca Hi appointed as this complex
would be directly affected by the proposed park. Mayor Boulay re-
sponded that he would take this request into consideration and also
added that he would like to see representatives appointed who had some
talent regarding the various aspects of this kind of project.
SCHEDULE NEXT MEETING
Noting that no requests for variances are now before the Board, Chair-
man Cohen scheduled the next Regular Meeting for Tuesday, April 17 at
9: 3P! A.M. All the members agreed to this date, providing a petition
was not received before. If so, all members will be notified by the
Deputy Town Clerk.
APPROVE : ~'~-.-.~-~ ~~
roll B. oh Chairm n
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David Augenstein, ce Chairman
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ATTEST:
DATE:
-ABSENT-
. Loren~'~
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MEMORANDUM
TO: BOARD OF ADJUSTMENT
FROM: DORIS M. TRINLEY
DEPUTY TOWN CLERK
DATE: JANUARY 19, 1990
SUBJECT: VARIANCES
Per Chairman Cohen's request for information regarding certain
aspects of variances granted by the Board, the following is sub-
mitted per Town Manager Mary Ann Mariano and Town Attorney Tom
Sliney:
1) A variance would "run with the land" as long as
land usage remains the same. To prevent the need
to ever "defend" the granting of a variance, the
Board should include in its Motion. exactly what
kind of ,structure is being granted same.
2) Regarding a time limit being. placed on the granting
of a variance, the Board has the power to impose
same. Again, .this information should be included
in the Motion to avoid any future misunderstanding
or doubt.
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~~ ~ ~ ,
Doris M. Trinley