1993.11.12_BAA_Minutes_Regular~.
TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
PUBLIC HEARING - MINUTES
Friday, November 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
testimony on the following petition, after which the Board would
issue its decision;
No. 10-93-50. Submitted by Gregory C. Miklos, Architect, re a pro-
pose Sing a Family Residence at 3615 S. Ocean Blvd., Lot 74E.
Seeking Relief from Front and Side Setbacks and Building Height Re-
quirements. Town Code Chapter 30, Section 4.3(e), (4),(5)(11).
The Chairman also noted that a Workshop Meeting regarding the petition
was held on October 26, during which the members and Town Attorney 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
Regular Members Benjamin Cohen, Richard C. Seguso and Neil W. Burd.
Regular Member Daniel C. Stump was absent.
Also present were Building Official Lee Leffingwell and Town Attorney
Thomas E. Sliney, as were members of the general public.
(For the record, it is here noted that Talent Bank Applicant Daniel
Loventhal was in attendance.)
Before testimony began, the Deputy Town Clerk verified that the proper
publications for today's Public Hearing had been made, and the
petitioner had submitted proof that all property owners within 300'
of the property for which variance was. sought had been notified by
Certified Mail/Return Receipt Requested.
Gregory Miklos was sworn in and noted that drawings showing more
detail had been submitted for review, as he had promised during the
Workshop Meeting. He also presented an artist's rendition of the
proposed residence, noting it would replace an existing 8-unit
complex.
In reviewing variances requested, lengthy discussion took place re-
garding the height variance. When concern was expressed by the mem-
bers and the Town Attorney regarding that portion of the roof which
would reach 43' because of enclosed mechanicals, Mr. Miklos replied
that his interpretation of Town Code was that there were no height
limitations in place (Chapter 30, Section 13.7 (b) (1)(2). Upon con-
ferring over this Section, it was the opinion of the Town Attorney and
the Building Official that Mr. Miklos was correct in his interpre-
tation. Mr. Miklos said that if there had been more time to consider
the variances to be requested, he would have eliminated the request
for height variance (See Minutes of October 26 Workshop for explana-
tion of time restrictions re this petition for variance.)
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Board of Adjustment
Public Hearing - Minutes
November 12, 1993 Page 2 of 3
Mr. Stuart Doppelt, who is under contract to purchase the land and
residence from Oscar M. Corporation, was sworn in and asked that the
Board look favorably toward the 43' height request, which would affect
only a small portion of the roof in its center. He referred to the
added enhancement to the Town a residence of this kind would bring.
Representing a Tuscan-Harvey Homes, Inc, project that will be built
for Drexel Investments, Inc, under terms of a Settlement of Litiga-
tion, which is adjacent to the property seeking variance(s), Bill
Kuntz was sworn in and spoke against allowing the 43' height in the
center roof regardless of whether the mechanicals were enclosed
therein. He said in his opinion there were other, architecturally
sound ways to incorporate the- mechanicals without going to such
heights; in fact, the five (5) homes being built by Tuscan on the site
adjacent to the property in question would incorporate the mechanicals
in this alternate way that would not add extreme height.
Ending lengthy discussion, Mr. Miklos, with the concurrence of Mr. &
Mrs. Doppelt, agreed to amend the design of the center portion of the
roof, and also to bring that portion of the roof noted as 31' to 30',
which actions would bring the height requirement into Code and negate
• the need for a height variance.
Hearing all testimony, Chairman Cohen called for discussion among the
members. Concluding same, and based on counsel's advice, MR. SURD/
MR. BENJAMIN COHEN MOVED as follows:
THE BOARD OF ADJUSTMENT TAKES NO ACTION ON THE REQUEST
FOR HEIGHT VARIANCE [(CHAPTER 30, SECTION 4.3(E)(11)].
THE BOARD DOES GRANT APPROVAL TO REQUEST FOR VARIANCE
ON FRONT YARD SETBACK TO 25', AND SIDEYARD SETBACK TO
12.'
Roll call met with unanimous favorable vote.
At this time, following the Town Attorney's suggestion, Mr Miklos de-
clared for the record that his request for height variance (Chapter 30
Section 4.3(e)(11) was withdrawn.
There being no further business to come before the Board, the Public
Hearing was adjourned upon proper MOTION at 10:15 AM.
dmt
Board of Adjustment
Public Hearing
November 12, 1993 Page 3 of 3
A~~R~VE
Naro B. Co en, C airman
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Ro ert F. Se y, ice Chairman
ane Rayner, Se retary
en_i mi n Cohen
ATTEST:
DATE:
Richard L: 5eguso
Nei W. Bur
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