1990.03.20_BAA_Minutes_RegularTOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
PUBLIC HEARING - MINUTES
Tuesdav, March 20, 1990
9:381 A.M.
Chairman Harold B. Cohen called this Public Hearing of the Board of Ad-
justment to order at 9:30 A.M. in Commission Chanmbers.
Deputy Town Clerk Doris Trinley called the roll. Present were Chairman
Cohen, Vice Chairman David Augenstein, Secretary Gilbert G. Lorenz,
Regular Members Reese E•3ames and Jane Rayner and Alternate Members
Robert F. Selby and A.G. Voress.
Also in attendance were Building Official Harry Heithaus, Town Attorney
David K. Friedman and members of the general public.
Chairman Cohen announced that at the end of the Public Hearing, a
Workshop Meeting would follow immediately regarding Petition for Vari-
ance No. 3-90-41 submitted by James Drago, Architect, for James MacKay,
Owner.
REQUEST FOR VARIANCE N0. 2-90-40. SUBMITTED BY ROBERT A. EISEN, ESQ.
FOR LAWRENCE GERMAIN (OWNER), SEEKING RELIEF RELATIVE TO SIDEYARD SET-
BACK REQUIREMENTS AT 3519 S. OCEAN BLVD., LOT 82, UNDER SECTION 4.3
{e) (5) OF CHAPTER 30 OF THE CODE OF ORDINANCES OF THE TOWN OF HIGH-
LAND BEACH.
Summarizing the process thus far, Chairman Cohen stated for the record
that a Workshop Meeting on this request had been held February 20,
1990, during which the members physically inspected the site. At the
conclusion of today's Public Hearing, he continued, the Board would
adjudicate the petition. Chairman Cohen then ascertained through the
Deputy Town Clerk that required legal notices had been published and
certified mail receipts regarding notification to neighboring proper-
ties had been received from the petitioner and made part of the record.
Attorney Eisen, representing owner Lawrence Germain, identified himself
and referred to supplemental information provided to the Board just
previous to the Public Hearing. Mr. Cohen acknowledged receipt of same
and read the letter, written by Planning Consultant Mark Rigau, into
the record. It had to do with length of ownership (27 years), number
of modifications and alterations to date, building elevation plans
submitted as requested by the members at the Workshop Meeting, renova-
tion costs (approximately $250,04!4!), and the fact that Mr. Germain is
handicapped and has limited mobility. At this time, a letter from
Clarence Kramer, 3521 S. Ocean Boulevard, stating that neither he nor
his wife had any objection to the proposed additions/renovations, was
also read into the record.
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' Board of Adjustment
Public Hearing - Minutes
March 20, 1990 ____ Page 2 of 2
Regarding the first floor variance (12' to 10'), Mr. Eisen again noted
that when built the structure was within Code. The addition of the
proposed stairwell, entranceway and elevator, he added, would not in-
crease non-conformity relative to the current Code. For the second
floor variance from the required 20', he noted that the north side
would have a 17' setback and, because the building line itself
changes, the south side would go from 10' to 8'. Mr. Eisen concluded
by stating that the lot is small, only 60' wide, with existing
structures on the lots to the north and south of it and, therefore, the
only available means of expansion is a second floor addition, with
access to same.
Mr. James, referring to Mr. Germain's 27-year ownership of the
property, asked how long he has been disabled. Mrs. Germain, who was
in attendance, answered that Mr. Germain has been disabled for the past
few years. Mr. James continued his questioning, asking how soon work
would commence if the petition were granted and also if eventually an
apartment would be considered for the second floor. Mr. Eisen replied
that because there would be but one entry to the second floor, it would
remain single family and invited the Board to include that stipulation
should they consider approving the petition.
• After some further discussion, a MOTION was made by Mr. Augenstein/
Mrs. Rayner that Petition for Variance No. 2-90-40 be granted for one
year, with the proviso that the structure be used for single-family
only. The MOTION carried unanimously.
There being no further business to come before the Board for this
Public Hearing, the meeting was adjourned at 10:50 A.M.
APPROVE : ~"~-c~~ ~.
Harold B. Cohe , Chairman
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David Augenstein, V e Chairman
Gelber G. Lorenz, Sec etary
Reese E James
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