1993.01.26_BAA_Minutes_Regular,. }
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TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
QUARTERLY MEETING - MINUTES
Tuesday, January 26, 1993 9:30 A.M.
Chairman Harold B. Cohen called the Quarterly Meeting to order in Com-
mission Chambers at 9:30 A.M. He announced that immediately following
this meeting, a Workshop would be held regarding Petition for Variance
1-93-47.
Deputy Town Clerk Doris Trinley called the roll. Present were the
Chairman and Members Jane Rayner, Robert F. Selby, Daniel C. Stump,
Richard C. Seguso and Neil W. Burd. Member Benjamin Cohen was absent.
Building Official Lee Leffingwell and Town Attorney Carol Sullivan were
also present, as were members of the general public.
ELECTION OF OFFICERS
Harold B. Cohen was re-elected Chairman by unanimous vote upon Motion
by Mr. Selby/Mr. Burd.
Robert F. Selby was elected Vice Chairman by unanimous vote upon Motion
by Chairman Cohen/Mr. Seguso.
The Chairman indicated he would like to reinstate having a Member serve
as Secretary of the Board and nominated Jane Rayner. Mr. Stump
seconded, followed by all favorable votes. Mrs. Rayner will review
Minutes of Board of Adjustment meetings before a draft is submitted to
Members for their consideration.
MINUTES
Upon Motion by Mrs, Rayner, Mr. Selby, the Minutes of the October 20,
1992 Quarterly Meeting were unanimously approved.
DISCUSSION
Before addressing the next agenda item, Chairman Cohen formally wel-
comed recently appointed Member Neil W. Burd, noting his impressive
background, which will be a decided asset regarding the work of the
Board.
Status of Building Development
Ms. Leffingwell brought the members up-to-date regarding the Ocean
Place (Lots 20-28E) project and answered members' questions satis-
factorily.
• There being no further business to come before the Board at this time
the meeting was adjourned upon Motion by Mr. Stump/Mr. Seguso at 9:40
A.M.
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Board of Adjustment
Quarterly Meeting - Minutes
January 26, 1993 Page 2 of 2
APPROVE : t~b~~-~--~`c-~^ -
aro o e airman
Ro er F. SeT6y, Vice C airman
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Vane Rayner, Secre a
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ATTEST:
DATE:
Nei Bur
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TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
WORKSHOP - MINUTES
Tuesday, January 26, 1993 9:40 A.M.
Chairman Harold B. Cohen called the Workshop Meeting to order in Com-
mission Chambers at 9:40 A.M., immediately following the Quarterly
Meeting.
Deputy Town Clerk Doris Trinley called the roll. Present were the
Chairman, Vice Chairman Robert F. Selby, Secretary Jane Rayner and
Members Daniel C. Stump, Richard C. Seguso and Neil W. Burd.
Also present were Building Official Lee Leffingwell, Town Attorney
Carol Sullivan and members of the general public.
Petition No. 1-93-47. Request submitted by M/M Jose Andreu, 4201
Tranquility Dr., Block 5, Lot il, Bel Lido, Seeking Relief of Side
Setback from 4' Requirement to 1'. Town Code of Ordinances Chapter 30,
Section 5 2(b)(2) [Accessory Uses and Structures; Pools and Pool Decks]
Chairman Cohen advised no decision would be made at this meeting; he
lso noted that after all presentations had been made, he would recess
~he Workshop so a physical inspection could be made, and would adjourn
after this had been done.
Building Official Leffingwell spoke first, giving a short history of
how this situation came to her attention. She said a letter was re-
ceived from an attorney representing the adjoining property owner,
Andre Martinovic, 4203 Tranquility Dr ., regarding a pool deck and other
related pool equipment not meeting the 4' setback requirement. She
advised she had contacted Mr. Andreu and advised he would have to move
all that was beyond the 4' requirement, and requested that both parties
have new surveys done. She said this was accomplished and also that
to date Mr. Andreu has moved some pavers and the pool pump; however,
there is a section of the deck which is supported by pilings and it is
this section the request for variance applies to.
Mr. Andreu then addressed the Board, saying he and his wife have been
the sole owners of the house, which he had built with the aid of the
general contractor in 1979, and the deck had been positioned where it
now was since the house was built. He further stated that the house at
4203 Tranquility Dr. had been built in 1982 and and changed hands in
1987, during which year Mr. Andreu re-built the pool deck because it
had been put in the wrong way originally and was sinking. He hired a
civil engineer to design the support and it was at this time that the
cement beams had been put in place. The third owner, Mr. Martinovic,
urchased the house at 4203 Tranquility Dr, in 1991, and it was only
~en that any exception had been taken to Mr. Andrews pool deck not
eeting the 4' setback requirement. He told the members that the beam
Board of Adjustment
Workshop Meeting - Minutes
. January 26, 1993 Page 2 of 2
support for that corner of the deck is crucial, which is why he applied
for the variance, and said he would be willing to plant a "privacy"
fence of trees or other materials to block view of the deck from the
Martinovic property. As regards the error in violating the 4'
setback, Mr. Andreu said he felt the original landscape architect had
been responsible when he had planted a hedge over the south property
line.
During the course of Mr. Andrews remarks, the members reviewed the
drawings he had submitted.
Andre Martinovic, accompanied by his attorney, Carla Brown, next ad-
dressed the Board. Mr. Martinovic spoke first, taking issue with Mr.
Andrews presentation of the facts. He said the petition did not meet
the conditions under which a variance could be favorably considered in
that Mr. Andreu was not a "layman," but a professional contractor
(electrical) knowledgeable in areas of construction. Mr. Martinovic
said that when an engineering report regarding the re-building of the
deck in 1987 had been requested and received by Ms. Leffingwell in
September 1992, it made no mention of inspections, but did state there
was a discussion between Mr. Andreu and the engineer during which the
engineer had been instructed by Mr. Andreu to modify the design of the
deck to other than the plans approved by the Town and for which a
• permit had been granted. Mr. Martinovic also said he doubted the
importance of the placement of the supporting beam(s) referred to in
the petition, saying that shortening the corner would improve the
stability of the deck.
In conclusion, Mr. Martinovic said that Mr. Andreu had created the
encroachment of property and had violated Town Code and, therefore,
there was no hardship to be considered. Ms. Brown then spoke briefly,
corroborating her client's position.
At this time, Chairman Cohen acknowledged the presentations given and
set the Public Hearing on the petition for Friday, February 12 at
9:30 A.M. He then recessed the meeting to accommodate a physical in-
spection of the properties. The Workshop was adjourned at 10:40 A.M.
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APPROVE:
Haro B, en, airman
Jane Rayner, S re ary
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Ro er Se y, Vice airman
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Nei W, ur
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Dance C. Stump