1992.07.21_BAA_Minutes_Regular,~ ~ ~
TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
QUARTERLY MEETING - MINUTES
Tuesday, July 21, 1992 9:34! A.M.
Chairman Harold B. Cohen called the Quarterly Meeting to order in Com-
mission Chambers at 9:34! A.M.
Deputy Town Clerk Doris Trinley called the roll. Present were the
Chairman, Vice Chairman David Augenstein and Members Jane Rayner,
Daniel C. Stump, Robert F. Selby, Benjamin Cohen and Richard C. Seguso.
Building Official Harry Heithaus was also present; no other members of
the general public were present.
The following sets of Minutes were unanimously approved:
April 21, 1992 Public Hearing (Mrs. Rayner/ Mr. Benjamin Cohen)
April 21, 1992 Quarterly (Mr. Augenstein/Mr. Benajmin Cohen)
A letter from Mark Rothenberg of Highland Park Associates (petition for
variance No. 3-92-44) was read into the record by Chairman Cohen, a
.copy of which is attached hereto and made part of these Minutes.
DISCUSSION
The updated Board of Adjustment decision form was noted to have been
changed as follows, per advice from Town Attorney Thomas E. Sliney:
per Town Code, written to provide that all criteria are met when a
variance is granted, as well as that all criteria are unmet when
a variance is denied [the phrase "circle one" as applied to the
criteria has been deleted.]
per Town Code, when a petition is granted to provide that the
petitioner has one (1) to apply for a permit.
(A copy of the updated form is also attached to and made part of these
Minutes.)
Building Official Heithaus advised the Board of petitions for variance
that might possibly be forthcoming and the status of building develop-
ment in Town was discussed.
There being no further business to come before the Board, the next
Quarterly Meeting was set for October 20, 1992 at 9:30 A.M. and this
Meeting was adjourned upon MOTION by Mr. Stump/Mr. Seguso at 10:14! A.M.
~dmt
Board of Adjustment
Quarterly Meeting
.July 21, 1992 Page 2 of 2
APPROVE : "~`---1~
Harold B. Cohen, Chairman
e~n tines, V e Ch i rman
ZC--r /~ ~.-~
ane Rayner
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Robert F. Selby
ATTEST:
DATE:
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Daniel C. Stump
Apr11 27, 1992
Mr. Harold B. Cohen, Chairman
The Board of Adjustment
4505 S. Ocean Blvd., X606
Highland Beach, FL 33487
Re: Le Sanctuaire
Dear Mr. Cohen:
I have had just about a week to recover from the Board of Adjustment meeting which was held
last Tuesday. As you might im~ine, I was not particularly pleased with the outcome. When I
saw all of those neighbors in attendance, I knew that regardless of the Board's position it would
be extremely difficult to convince the public that it was in their best interest to grant a
variance and in tact was a hardship.
In any event, I just wanted to take a moment to express my appreciation to you and the members
• of the bird for all of your support, guidance and willingness to listen. The building has been re•
designed in accordance with the existing code, and notwithstanding the loss of a tremendous
Penthouse, this building will make the Town of Highland Beach very proud. i can assure you of
that!
Although you were unable to accomodate my variance request, you handled both the workshop as
well as the public hearing in a fair and equitable fashion. Thanks Again!
Ve truly yours,
h nd Park Associates
D. Rothenberg
2424 North Fcdcral tiighmay • Suitc 477 Boca Raton, FL 33431 (407) 3944004
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~~~ .FLOR10~~' BOARD OF ADJUSTMENT
DECISION ON PETITION FOR VARIANCE
Petition No. Dated
Town Code Public Hearing Date
Petitioner:
In the above numbered Petition, by vote as shown in the official
minutes and recorded on the reverse side of this form, it was
determined and ordered that the requested variance be granted [ ];
denied [ ]; granted subject to the following conditions and
safeguards [ j:
n
U
In reaching its decision and order, the Board has found/has not found
in the case of the above numbered Petition that:
1. Special conditions and circumstances exist which are peculiar to
the land, structure or building involved, and which are not appli-
cable to other lands, structures or buildings in the same district.
2. The special conditions and circumstances do not result from the
action of the applicant.
3. Granting the variance requested will not confer on the applicant
any special privilege that is denied by the ordinance to other
lands, structures or buildings in the same district.
4. Literal interpretation of the provisions of this ordinance would
deprive the applicant of rights commonly enjoyed by other proper-
ties in the same district under the terms of the ordinance and
would work unnecessary and undo hardship on the applicant.
5. The reasons set forth in the applicant's petition justify the
granting of the variance and the variance granted is the minimum
• reasonable variance that will make possible the reasonable use of
land, strucuture or building.
6. Granting of the variance will be in harmony with the general pur-
pose and intent of the ordinance and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
R^
Board of Adjustment
Decision on Petition for Variance .
In reaching its decision and order, the Board has found and determined
that:
Unless otherwise previously stated, any authorization by the Board for
a variance shall expire if the Petitioner fails to obtain a building
permit within one year from the date of authorization of such variance.
SIGNATURES
Chairman
Vice Chairman
FOR OR AGAINST
•
NOTE: Any person, taxpayer, board, department, officer, board or
bureau of the Town of Highland Beach aggrieved by a decision of the
Board of Adjustment may, within thirty (30) days after rendition of the
decision of the Board of Adjustment, apply to the Circuit Court of Palm
Beach County, Florida for judicial review pursuant to Florida Statute
163.250.
CC: Building Official