1992.04.07_BAA_Minutes_Workshop'-~ ~"
TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
• WORKSHOP - MINUTES
Tuesday, April 7, 1992 9:30 A.M.
Chairman Harold B. Cohen called this Workshop Meeting to order in Com-
mission Chambers at 9:30 A.M.
Deputy Town Clerk Doris Trinley called the roll. Present were the
Chairman, Vice Chairman David Augenstein and Members Jane Rayner,
Robert F. Selby, Daniel C. Stump, Benjamin Cohen and Richard Seguso.
Also present were Town Attorney Thomas E. Sliney, Building Official
Harry Heithaus and members of the general public.
Chairman Cohen announced the meeting was being held to review the
following Petition for Variance:
No. 3-92-44. Submitted by Highland Park Associates, seeking
relief from side setbacks from 20' to 16'6" and height re-
quirements from 40' to 50'10" for a proposed 4-unit condo-
minium at 3425 S. Ocean Blvd., Lot 90E. Town Code Chapter
30, Section 4. 4 (e) (8) (11) .
The Chairman also advised that no decision would be reached today and,
. after all information was presented, the meeting would be recessed to
make a physical inspection of the site.
Building Official Heithaus was sworn in and reiterated those sections
of Code with which the plans did not comply.
Mark Rothenberg, representing Highland Park Associates, and Guido
Brito, representing the architectural firm of Brito, Cohan & Assoc.,
were sworn in, with Mr. Rothenberg speaking for the project. Artist's
conceptions of east, west, north and south facades of the proposed con-
dominium were used as visual aids during the course of his presen-
tation. Members also had copies of plans at their seats.
Mr. Rothenberg first noted that the proposed project would be comprised
of only four (4) units, where Code allowed six (6). He explained the
first three (3) units would all occupy an entire floor and the fourth
unit would be a two-level penthouse. Approximate sizes of units under
air conditioned space were described as follows:
lst Floor..........2800 sq.ft.
2nd Floor..........4600 " "
3rd Floor..........4200 "
Penthouse.........(3500 " first level
(2100 second level
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Board of Adjustment
• Workshop Meeting - Minutes
April 7, 1992 Page 2 of 3
• Regarding relief from side setbacks, Mr. Rothenberg explained this
would apply to the garage (basement) level only and gave a mathematical
account of space available to accommodate underground parking on the
100' lot. He added that variance from the setbacks on this level would
not be seen from AlA.
In addressing the petition for variance from height requirement, Mr.
Rothenberg stressed that this was needed to accommodate making the
penthouse the finest unit in the building. He mentioned the 140'
height of the condominiums to the north and south of the property
(Clarendon and Villa Nova), saying he felt the 50'10" height of his
project would be in keeping with these established buildings as opposed
to trying to build the project in an area of single-family homes. He
also reiterated that according to Code, 40~ of the 100' lot could be
covered, while this project called for 27g coverage.
Chairman Cohen complimented Mr. Rothenberg on a fine presentation, but
said at this point it did not appear he and the other members were con-
vinced hardship had been proved. In this regard, he reminded Mr.
Rothenberg it was the Board's responsibility to uphold the purpose and
integrity of the Town's Code of Ordinances and before any variance
could be granted, hardship must be proved. Speaking specifically to
• height requirement, Mr. Rothenberg replied the hardship would not only
be financial, but also aesthetic in that the extra height was needed to
provide the luxury of the penthouse, as well as the total number of
units which would be functional.
To suggestions that perhaps the third floor unit could be removed, Mr.
Rothenberg repeated that six (6) units are allowed by Code, whereas the
project proposed only four (4) units. He then questioned whether the
result of the upcoming Public Hearing on this project would bear any
weight in the decision-making process, i.e., if those living in the
proximity of the project had no objection, would the Board's decision
possibly be favorable. In reply Attorney Sliney advised Mr. Rothenberg
to re-read the criteria set forth by the Board of Adjustment in grant-
ing a variance, saying these were the only elements relative to de-
cision.
Chairman Cohen then announced the Public Hearing to be Tuesday, April
21 at 1:30 P.M. and recessed the meeting to accommodate a physical in-
spection of the site. The secretary was later advised by the Chairman
that the meeting had been adjourned at 10:25 A.M.
dmt
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Board of Adjustment
. Workshop - Minutes
April 7, 1992 Page 3 of 3
APPROVE:
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Harold B. Cohen, Chairman
~~ ~ S2a tv
David Augenstein, ce Chairman
ane Rayner
Robert F. Selby ~T
Daniel C. Stump
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• Ben' in Cohen
R'chard C. Seguso
~~ J
ATTEST : cam.-,
DATE : 3 ~ ~
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