1991.08.26_BAA_Minutes_RegularF ~ , _ .,a
TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
PUBLIC HEARING - MINUTES
Monday, August 26, 1991 1:30 P.M.
Chairman Harold B. Cohen called this Public Hearing to order in Com-
mission Chambers at 1:30 P.M.
Deputy Town Clerk Doris Trinley called the roll. Present were the
Chairman, Vice Chairman David Augenstein, Regular Members Jane Rayner
and Robert F. Selby and Alternate Members Daniel C. Stump and Benjamin
C. Cohen. Regular Member Marie A. Beary was absent. In Mrs. Beary's
absence, the `Chairman announced that Mr. Stump would sit as a Regular
Member for purposes of this meeting.
Also present were Building Official Harry Heithaus and members of the
general public.
N0. 7-91-42. REQUEST SUBMITTED BY ARTHUR RAYE, OWNER, SEEKING RELIEF
FROM SIDE SETBACKS FOR RESIDENCE AND DOCK AT 2624 SOUTH OCEAN BLVD.,
LOT 122W. TOWN CODE OF ORDINANCES: CHAPTER 30, SECTIONS 4.2(e)(5) AND
5.2 (d) (1) .
Chairman Cohen summarized events thus far, noting that a Workshop
Meeting on this request had been held August 6, during which the
members had physically inspected the property. He also ascertained
from the clerk that necessary publications of today's Public Hearing
had been made and that certified receipts had been received from Mr.
Kaye regarding his notifying neighboring property owners of the Public
Hearing. He advised that the members would make a decision on the
Petition during this meeting.
Mr. Kaye. was invited to re-address the panel and he reiterated his
remarks made at the Workshop Meeting, explaining he sought a variance
from side setbacks on his residence to conform with the existing set-
backs. He said his plans called for a 5' extension, east to west, on
the rear of the house, which would comply with the current 20' Intra-
coastal setback. Regarding relief from the current 25' dock side
setbacks, Mr. Kaye said his property was 75r wide and he felt being
allowed to build the dock to coincide with the existing residence side
setbacks would enhance the property.
Building Official Heithaus had no further comments on the Petition.
During discussion it was noted that while they agreed the Petition for
Variance on the residence was a reasonable one, it was the panel's
CONSENSUS that it would not present a hardship to Mr. Kaye to abide by
current Code side setbacks for the new dock to be constructed. In con-
clusion, the following MOTION was made by Mr. Augenstein/ Mrs. Rayner:
•
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Board of Adjustment
Public Hearing - Minutes
August 26, 1991 Page 2 of 2
(1) ON THE BUILDING ITSELF, THE BOARD APPROVES THE PETITION
FOR VARIANCE [(CHAPTER 30, SECTION 4.2(e)(5)].
(2) ON THE DOCK, THE BOARD DENIES THE PETITION FOR VARIANCE
[(CHAPTER 30, SECTION 5.2(4)(1)].
Roll call vote resulted as follows:
Mr. Stump....... AYE
Mr. Se1by....... AYE
Mrs. Rayner..... AYE
Mr. Augenstein.. AYE
Mr. Cohen....... AYE
Mr. Kaye had no objection to the Board's decision and thanked them for
their consideration.
The next meeting date was agreed to be a Quarterly to be held on Tues-
day October 8 at 9:30 A.M.
There being no further business to come before the Board at this time,
the meeting was adjourned upon MOTION by Mr. Augenstein/Mr. Stump at
1:40 P.M.
dmt
APPROVE:
Harold B. Cohe ,
David Augenste n,
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.k1.ti
e airman
ei~ ~v
ane Rayner
ATTEST:
DATE:
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~~,8~' ~~v i -
Robert F. Selby
C_
~C. Stump
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• ~.-
TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
QUARTERLY MEETING - MINUTES
Tuesday, April 23, 1991 9:30 A.M.
Noting that the Board had not met this year and at this time had no
Chairman, Vice Chairman David Augenstein called the meeting to order at
9:30 A.M. in Commission Chambers.
Deputy Town Clerk Doris Trinley called the role. Present were the Vice
Chairman and Regular Members Jane Rayner, Robert F. Selby and Harold B.
Cohen, and Alternate Members Daniel Stump and Benjamin Cohen. Regular
Member Marie Beary was absent.
Mr. Augenstein then called for. nominations for Chairman and was himself
nominated by Mr. Selby; however, the Vice Chairman declined. Mrs.
Rayner/Mr. Augenstein nominated Harold B. Cohen, which met with unani-
mous favor from the Board. Mr. Augenstein congratulated Mr. Cohen on
his re-election to the Chair and asked him to take over the meeting.
Mr. Cohen took the Chair, thanking the members for their continued con-
fidence, and nominated Mr. Augenstein as Vice Chairman. This nomina-
• tion was seconded by Mr. Selby and met with unanimous favor by the
members.
Since the Board had traditionally had a Secretary, Chairman Cohen/Vice
Chairman Augenstein nominated Mr. Selby, which met with favorable re-
sponse from the members.
Chairman Cohen then welcomed new Alternate Members Daniel Stump and
Benjamin Cohen to the Board.
Upon MOTION by Mr. Augenstein/Mrs. Rayner, the Minutes of the Regular
Meeting of April 24, 1990 were approved unanimously.
For the record, the Chairman made note of the passing of Gilbert
Lorenz, commenting on Mr. Lorenz' long and valuable service as Secre-
tary and Regular Member of the Board. He also made note of Reese
James' resignation from the Board because of health problems and spoke
of Mr. James' contributions to the work of the Board.
For the benefit of the newly appointed members of the Board, the Chair-
man then conducted a review of the Board's actions when a Petition for
Variance was presented:
Workshop: first meeting wherein Petitioner states the reason
for the petition and explains what hardship would
be incurred if a variance were not granted. After
petitioner is heard, the members physically inspect
the site (with Town Attorney), after which the Work-
shop is adjourned.
Board ,vf Adjustment
Quarterly Meeting - Minutes
April 23, 1991 Page 2 of 2
Public Hearing: second meeting, which must be scheduled at
least 17 days after the Workship and adver-
tised 15 and 5 days before. During the Public
Hearing, testimony is taken under oath from
anyone wishing to address the Board regarding
the Petition at hand, after which the members
deliberate, possibly confer with the Town
Attorney if need be, and make a decision to
grant or deny the Petition.
Regular Meeting: third meeting, usually held shortly after the
Public Hearing, to approve minutes of the
Workshop and Public Hearing, as well as ad-
dress other Board business.
Chairman Cohen further advised that Board meetings are usually called
on an "as needed" basis when a Petition for Varianace was sought; how-
ever, he added that Town Manager Mary Ann Mariano had concurred with
his thought that if no Petitions were forthcoming, it would still be
germane to the Board's work for the members to be apprised of the
status of building development in Town. Therefore, he said, the Board
will meet quarterly, with the Building Official in attendance, to dis-
cuss this status and, should a Petition be sought before the quarterly
meeting, the Board would endeavor to have the quarterly meeting coin-
cide with the closing Regular Meeting regarding such Petition.
Replying to Mr. Stump's question regarding any time limit placed on a
variance, Chairman Cohen said the criteria was that work must be
started within one year.
Vice Chairman Augenstein commented on the Board being quasi-judicial in
nature and Chairman Cohen added that the Board was charged to interpret
existing Code only. He further said that past decisions of the Board
to grant a variance have not been given lightly; definite hardship re-
garding compliance with Town Code had to be proven by the Petitioner.
A brief discussion of some properties took place before a date for the
next quarterly meeting was set for Tuesday, July 23 at 9:30 A.M.
There being no further business to come before the Board at this time,
the Meeting was adjourned upon MOTION by Chairman Cohen/Mrs. Rayner at
9:52 A.M.
dmt
APPROVE : ~~ ~ ., SZU~
Harold B. Coh n, Chairman David Augenstei , V e Chairman
Robert F. Selby
• Absent: Marie Beary