1992.08.04_BAA_Minutes_Workshop
TOWN OF HIGHLAND BEACJ
BOARD OF ADJUSTMENT
WORKSHOP MINUTES
Tuesday, August 4, 1992 9:30 A.M.
Chairman Harold B. Cohen called the 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 President David Augenstein and Members Jane Rayner,
Daniel C. Stump, Robert F. Selby, Benjamin Cohen and Robert Seguso.
Also present were Town Attorney Thomas E. Sliney and his associate
Attorney Carol Sullivan. Talent Bank Applicant Neil W. Burd was
present in the audience, as were members of the general public.
Chairman Cohen announced that since no representative of the first
agenda item was present to appear on the petitioner's behalf
(No. 7-92-45/Mendelson) Workshop and Public Hearing for same would
have to be at a later date.
Petition No. 7-92-46. Submitted by Trottco Enterprise, Inc. for Donald
Geller, Owner. Seeking Relief for Extension of Existing Second Story
bedroom over existing Coastal Construction Control Line, at 3921 S.
Ocean Blvd., Lot 55E. Town Code Chapter 30, Section 6.5A (non-
conforming.
The Chairman explained that no decision would be made on the petition
at this meeting and after discussion and review, a physical inspection
of the site would take place.
Michael Trotto was sworn in and spoke on behalf of the project. He
explained the work to be done, saying it entailed extending an existing
bedroom into an exercise room, pushing the room eastward of the CCCL,
but still within the existing footprint of the CCCL. In this regard he
presented the members with correspondence from DNR, which verified no
permitting would be required from them since the work was to be done
within the footprint (attached to and made part of these Minutes).
However, since the structure is positioned east of the CCCL, it is
categorized as "non-conforming" structure under Town Code and thus
needed a variance from the BOA for this work to be done.
After review of plans, the panel and the attorneys made an on-site
inspection of the site and the Workshop was adjourned at 10:25 A.M.
Public Hearing on this petition is set for August 21, 1992 at 1:30 P.M.
dmt
Board of Adjustment
orkshop Meeting - Minutes
ugust 4, 1992 Pale 2 of 2
~ ~ ~~~_
Harold B. Cohc~, Chair n
~i ~
David Augenstein, V ce Chairman
ne Rayner
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Robert F. Selby
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ATTEST • ~'~~
DATE : _ ~~~ S!L . c~~ ~ C
,~
Donald C. Stump
~~~
Benham n Cohen
.-~~~ ti,y
12~chard C: Seguso
•
4270 Oak Clrcle
Boca Raton, Florida 33431
Boca Raton (407) 394-9479 • Boynton Beach (407) 73b-2653
FAX (407) 393-1499
July 24, 1992
Department of Natural Resources
Division of Beaches and Shores
3900 Commonwealth Blvd. #310
Tallahassee, FL 32399-3000
(904)488-3180
To Whom It May Concern,
Please be advised that an alteration to an existing residence located at
3921 South Ocean Blvd.
Highland Beach, FL 33487
is proposed.
We have contacted Mr. Red Taylor of the D. N. R. for clarification to codes re-
garding alterations east of the coastal control line. Mr. Taylor has informed us
• that according to Chapter 161 any alteration proposed within the existing foot-
print of the residence shall be exempt from D. N. R. approval.
We therefore are requesting a letter of confirmation from D. N. R. addressing
this code for the mentioned residence. This letter would expedite the issuance
of a building permit and be greatly appreciated to all parties involved.
Thanking you in advance,
Michael Trotto ,
MT/ j tm
n
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Post-It'" brand tax transmittal memo 767t N ~~ P+tret
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16t!-a~.00a (loners! i'rohihiilone.
and the coastal ~'f
tore of such force 3
ti upon titre storm
~' typo of wove (! .e..
lemenl•d 710.02(ti).
(1) No person shall conduct any eaoa•stlon or aonatrvot any
structure seewsrd of the Decals! oonstruetion oontrol line or
SO-foot setback asoept as pror(ded to the Aot end thl^ Chapter.
(i) No person shall retnore any beach material, or otherwise
sitar exfatlnt ground •elerations~ drive any rehloie on. Deer. or
aoross any nand done or the regetstten growin` thereon. seaward
of the ooaetal oonatruotfon oontrol line or 60-foot aetbsak
exoept ae provided in the Aot or this Chapter. or as otherwlee
provided by law.
Specific Anthortty ~70.Oalti) 1B. Law Implemented 261.06(!).
461.062 t8. t4letery - New 11-f8-60t Formerly 168-Sa.Oa.
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169-ss.oo4 Ett~tnpttons Crow, Parnrit lteQalra,ne»ta.
(1) Any etruotttres under oonstruation prior to the
eslablisheeent o[ i ooaetal oonstrvctlon oontrol line in a
partioutar oounty•are exempt from the prarlelons of Seotien
761.05x, Florida ~tatutss. and this Chapter. exoept at noted in
Snbseetton ]61.0li#(f2). 1'Ivrida Statutes.
(7) Any atrvetnrer ealating or under onnstruetion on Jvne sTr
18T0. are exempt i!rom the prorit+ions of Seotlon IAI.06E, >rlorlda
Statutes. and thi6 Chapter.
(a) Conatruotton or exoerativn, whloh !s re~vlsted by Section
161.041. lrlorlda t3t•tutes. and Chapter 16A-E4. flerida
Administrati.e Cade. and whloh fe totally en or partially
eneroaehes upon sdrersignty land of Plorfda, below the mean high
water line and seiwsrd of ocaste) oonstrvotion eontrel lines or
50-foot setback lines. is exempt from the prorisiena of llaotlOn
161.06!, llorida ~tatvtes, tnd this Chapter.
xr'mpt~on-"fr or Bother rigid eowstal or shore
protection atrueturer) and any additions or enclosures added.
conatruoted, or installed below the first dwelling floor or
lowest deck of the existing structure. for the purposes of thle
exemption. mayor ~trveturee and additions to major struoturee
proposed abo•e existing patio elates. decks, or similar vnenoloaed
atsee are eonstdared as new rtrueturea separate.and independent
of the a:!sting polio slab. deck. or other unenoloeed area and
shall comply with ;the re~ulstory regairamente set forth in this
chapter. '
(5) The conrtrvotlon of offshore structures, •uoh as. drlllfng
pletformse gas and oil r!(t s. towers. or narisstion aides. !coaled
beyond the effeet[ve Limits of 11ltaral seoltntnt transport. are
exempt from the provisions of Sections 161.OS2 anti 101'.OSS~
Florida 8tatutee.
(8) Cont~trvetion. exaavstion, end daeesge or destruction of
•egetatlon vn lands owned by the United States Ovvernment are
exempt from the regviremante of Chapter 161. florids Btstutea.
end thin C1~apter.
(7) At the discratlon of the staff. uti)Islnc sppltotbl!
criteria, the fol]o+-tng meet' be considered not to fall within the
•_ Y..
F.S. 1989 BEACH AND SNORE PRESERVATION Ch. 161
161.051 Coastal construction by persona. firms.
corporations. or local authorities.-Where any person,
firm, corporation, county, municipality, township, special
district, or any public agency shall construct and install
projects when permits have been property issued, such
works and improvements shall be the property of said
person, firm, corporation, county, municipality, town-
ship, special district, or any public agency where locat-
ed. and shall thereafter be maintained by and at the ex-
pense of said person, firm, corporation, county, munici-
pality, township, special disthct, or other public agency.
No grant under this section shall affect title of the state
to any lands below the mean high-water mark, and any
add-t~ons or accretions to the upland caused by erection
of such works or improvement shall remain the property
of the state if not previously conveyed. The state shall
in no way be liable for any damages as a result of erec-
lions of such works and improvements. or for any dam-
ages arising out of construction, reconstruction, mainte-
nance, or repair thereof, or otherwise ans~ng on account
of such works or improvements.
contravene setback requirements established by a
county or municipality which are equal to. or more strict
than, those setback requirements provided herein.
(c) The department may authorize the construction
of pipelines or piers extending outward from the shore-
line. unless it determines that the construction of such
projects would cause erosion of the beach in the area
of such structures.
(3) The provisions of this section shall not apply to
structures intended far shore protection purposes which
are regulated by s. 161.041 or to structures existing or
under construction on June 27, 1970.
(4) ~ The Department of Natural Resources may by
regulation exempt specifically described portions of the
coastline from the provisions of this section whenever ~n
its judgment such portions of coastline, because of their
nature, are not subject to erosion of a substannaily dam-
aging effect to the public.
(5) The setback requirements as defined herein
shall not apply to any riparian coastal locations fronting
the Atlantic Ocean or Gulf of Mexico which have vegeta-
•
•
{2) A waiver or variance of the setback requirements
may be authorized by the Department of Natural Re-
sources in the following circumstances:
(a) The department may authorize an excavation or
erection of a structure at any riparian coastal location as
described in subsection (1) upon receipt of an applica-
t~on from a riparian owner and upon the consideration of
facts and circumstances, including adequate engineer•
trig data concerning shoreline stability and storm tides
related to shoreline topography, which, in the opinion of
the Department of Natural Resources, clearly and un-
egwvacally justify such a waiver or variance.
(b) If in the immediate contiguous or adjacent area
a number of existing structures have established a rea-
sonably continuous and urnform construction line closer
to the line of mean high water than the foregoing, and
if said existing structures have not been unduly arfected
by erosion, a proposed structure may be peNrntted
along such Tine on written authorization from the Depart-
ment of Natural Resources ~f such proposed structure is
also approved by the Department of Natural Resources.
However, the Department of Natural Resources shall not
or fill such excavation at its own expense. The cost
thereof shall become a lien upon the property of the utJ-
land owner upon which such unauthorized structure or
excavation ~s totaled.
(8) Any person violating any provision of this section
~s guilty of a misdemeanor of the first degree. punishable
as provided in s. 775.083. Suca person shatl be deemed
guilty of a separate offense for each month during any
portion of wh~cn any violation of this section ~s commit•
led or continued.
(9) The executive director of the department may
make recommendations to the Governor and Cabinet as
head of the department concerrnng the purchase of the
fee or any lesser interest in any lands seaward of the set-
back requirement as environmentally endangered lands
or as outdoor recreation lands.
(10) A coastal county or munic~paliry fronting on the
Gulf of Mer co or the Atlanttc Ocean shall advise the de-
partment ~r,ithin 5 days after receipt of any permit appli-
cation for constructwn or other activwes proposed to be
Located within 50 feet of the line of mean nigh water.
Within 5 days after receipt of such application, the cdun-
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