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1993.04.20_BAA_Minutes_WorkshopTOWN OF HIGHLAND BEACH BOARD OF ADJUSTMENT WORKSHOP MEETING - MINUTES Tuesday, April 20, 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, Secretary Jane Rayner and Members Daniel C. Stump, Benjamin Cohen, Richard C. Seguso and Neil W. Surd. Vice Chairman Robert F. Selby was absent. Also present were Town Attorney Carol Sullivan, Building Official Lee Leffingwell and members of the general public. Petition No. 3-93-48. Request Submitted by Aldo Ruscito, 4229 In racoas a Dr ., 8 ock 4, Lot 32, Bel Lido, Seeking Relief of Side Setback Requirement re Dock from 25' to 10' Each Side. Chapter 30, Section 5.2(d)(1) [Non-Commercial Docks, Piers, Launching Facilities and Mooring Devices] Chairman Cohen advised no decision would be made at this meeting; he also noted that after all presentations had been made, he would recess the Workshop so a physical inspection could be made, and would adjourn after this had been done. Following Building Official Leffingwell's statement that the applicant was petitioning the Board for a variance because a permit had been denied since there was only 43' of property abutting water, Howard Montgomery of Delray Marine addressed the Board as Mr. Ruscito's representative. Mr. Montgomery said that because only 43' of the rear property was abutting water, the proposed dock would be marginal in size, 5'x20', and Mr. Ruscito would put in writing his intent to have no larger than a 20' boat so as not to encroach on his neighbors' properties. He noted the main hardship to be lack of water depth at the base of the seawall; in turn, Chairman Cohen pointed out that the "pie-shaped" lot, narrowing down to 43' in the rear, would also appear to be a hardship, but was not mentioned in the petition application. George Barlow of 1084 Bel Lido Drive next addressed the members and gave a lengthy presentation regarding his objections to the petition and why he felt the petition itself was "flawed." He directed the Board to Chapter 30, Section 5.2(d)(2) and read it into the record ~s follows: (2) For those lots in RS zoning districts with less than fifty (50) feet abutting the water, the town commission may grant a special exception (following procedures set forth of Section 9 of this chapter) for the the erection of lifting devices or other means of securing boats (but not a dock structure) after being satisfied as to the pro- tection of neighboring property and noninfringement of standard navigational practices. Board of Adjustment Workshop Meeting - Minutes April 20, 1993 Page 2 of 2 • Mr. Barlow said his interpretation of this section of Code would pre- clude anyone with less than 50' of land abutting water to have a dock structure, even though the town commission might grant them the right to have a "lifting device or other means of securing boats." He also noted that he interpreted this section to mean that with less than 50' of land abutting water, side setback requirements were non-existent. When it was noted that every resident has the right to seek relief from Code requirements on a hardship basis, Mr. Barlow acknowledged this concept but asked that if it was the Board's decision to allow the petition to stand, the correct language reflecting the proper Code section should be used (for publication and Public Hearing agenda). Also included in Mr. Barlow's remarks, were statements regarding the aesthetics of the Bel Lido Isle waterfront community, i.e., it was not intended to be a community where the preponderence of boats would block every view. Further, he advised that those lots which would allow boat dockage were assessed in valuation approximately $100,000 more than the several "corner" lots with less than 50' of property abutting water, and if these "corner" lots were allowed dock structures, then the value of those properties would increase and his, and others like his, would likely decrease. He said it was his opinion that anyone to whom having a boat was "important" would invest in one of the more expensive properties, as he had done. There being no further presentations to be made, Chairman Cohen noted the Public Hearing on this petition would be heard on Tuesday, May 11 at 9:30 A.M. and recessed the Workshop at 10:10 A.M. to accom- modate a physical inspection; the Meeting was adjourned at 10:45 A.M. dmt NOTE: A COPY OF THE WORKSHOP AGENDA AND PERTINENT SECTIONS OF CODE ARE ATTACHED TO AND MADE PART OF THESE MINUTES. APPROVE: ~~~-+'L~c'~ Haro'fa B. Co C~Fairman ATTEST: ~~ ~ ~ ,,l ne Rayner, Secre ary ~~ Benda ~n Co en Nei Bur .DATE: