1993.02.12_BAA_Minutes_Regular` TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
PUBLIC HEARING - MINUTES
Friday, February 12, 1993 9:30 A.M.
Chairman Harold B. Cohen called the Public Hearing to order in Com-
mission Chambers at 9:30 A.M. He stated its purpose was to hear testi-
mony on the following, after which the Board would make a decision:
Petition No. 1-93-47. Submitted by M/M Jose Andreu, 4201 Tranquility
Dr., B ock 5, Lot 11, 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].
The Chairman also noted the January 26 Workshop held on this Petition,
during which the members had physically inspected the property.
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, Benjamin Cohen, Richard D. Seguso and
Neil W. Burd,
Also present were Town Attorney Carol Sullivan, Building Official
Lee Leffingwell and members of the general public.
• Jose Andreu was sworn in and repeated testimony he had given at the
Workshop. He said the deck has been in the same position since he had
built the house in 1979; it was rebuilt to the same position in 1987
and it was not until Andre Martinovic (the third owner) purchased the
neighboring house at 4203 Tranquility Dr, that exception had been taken
to the deck not meeting the 4' setback requirement.
Mr. Andreu provided the members with copies of correspondence from an
engineering firm, which stated the work required to move the deck to
the 4' requirement might possibly cause cracks to the poo'I shell where
it adjoins the grade beams in question; also provided were an estimate
from a construction firm giving a price of $9200 to do the work and a
copy of "Request for Inspection" of the rebuilt deck dated October 6,
1987.
In summation, Mr. Andreu stated that not being granted the variance
would be an economic hardship; he also repeated that he felt the
original mistake had been made by the original landscaper who planted a
hedge over the south property line when the house was built in 1979,
He also reminded the members that he had already removed the pool pump
and a brick pathway from the area.
Regarding the "Request for Inspection" dated October 6, 1987, Building
Official Leffingwell stated the inspection was never completed.
Harry Bauer of 4208 Tranquility Dr., a former Town Commissioner, then
spoke against the Board granting the Petition,' followed by Victor
Frankel, owner of the property north of Andreu, who spoke in favor of
granting the Petition.
*~t
Board of Ad,~ustment
Public Hearing - Minutes
February 12, 1993 Page 2 of 2
Andre Martinovic and his attorney, Carla Brown, were then sworn in.
Mr. Martinovic spoke first and, as he had done at the Workshop, re-
ferred to the specific conditions of hardship as set forth in the
petition form itself and refuted Mr. Andrews claim to any of them,
saying it was a self-imposed hardship. He presented a photo of the
existing condition and said because of the various obstructions, the
people hired to do the most recent survey had to go 8' onto his
property before they could draw a proper line. Regarding the
rebuilding of the deck in 1987, Mr. Martinovic stated that the drawing
submitted to the Town did not correspond to the work which .was done
and, therefore, Mr. Andreu had violated the permit. To substantiate
this statement, Mr. Martinovic read a portion of a Field Operation
Report from John Zimmerman & Associates, Inc., structural engineers for
the job, which mentioned "minor geometry variations" as "discussed."
During the course of her remarks, Attorney Brown noted that case law
did not provide for an economic disadvantage to be considered in making
a decision. She, too, alleged that Mr. Andrews hardship was self-
imposed and that his request met none of the criteria for the granting
of a variance.
Concluding testimony, Chairman Cohen recessed at 10:25 A.M. and recon-
vened at 10:30 A.M.
After brief consultation with Town Attorney Sullivan, MOTION was made
. by MR. SELBY/MR. BURD to deny the Petition. Roll call resulted in
unanimous vote for denial.
Chairman Cohen thanked those who had given testimony and noted that
presentation of the case was very well done.
There being no further business to come before the Board, the next
Quarterly meeting was set for April 20, at 9:30 A.M., and the Public
Hearing was adjourned at 10:40 A.M.
dmt
APPROVE: ~ ~~
HaroTa B. Co a Fairman
APPROVE:
ane Rayner, Secr ary
~ G~~~
Benj min Cohen
~~
. ~~
~3~~~~
~o eb~r~ eT6y, Vice Fiairman
DATE: ~l•'V~~.t~ ~G , ~~ y ~
ump