1994.06.07_BAA_Minutes_Regular
TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
PUBLIC HEARING - MINUTES
Tuesday, June 7, 1994 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.05-94-51. Submitted by Carlo Prestileo, President of Boca Highland
Center, re 4730 S. Ocean~Blvd., Lot 1W. Seeking relief from Chapter
30, Sec. 5.8(b)(1)(2); Fig. 30-1 (Note #3) [Off-Street Parking and
Circulation] .
The Chairman noted that a Workshop Meeting regarding the petition was
held on May 27, during which the members, Building Official and Town
Attorney physically inspected the site.
Deputy Town Clerk Doris Trinley called the roll. Present were the
Chairman and Members Benjamin Cohen, Richard C. Seguso, Neil W. Burd
and Daniel J. Loventhal. Vice Chairman Robert F.. Selby and Secetary
Jane Rayner were absent.
• Also present were Building Official Lee Leffingwell, Town Attorney
Thomas E. Sliney and members of the general public.
Before testimony began, the Deputy Town Clerk verified that the proper
publications for today's Public Hearing had been made, and the peti-
tioner had submitted proof that all property owners within 300' of the
property for which variance was sought had been notified of today's
Public Hearing by Certified Mail/Return Receipt requested.
All those who were to give testimony were sworn in at this time.
Ed Fanning, Manager of Boca Highland Center, explained the variance
was sought because some parking had been lost with the development of
the Gordon property; he said that previously parking had been utilized
in front of and behind the then existing sales trailer. Mr. Fanning
noted that the Center is comprised of 525 total units and some of the
residents in buildings that are farther from the beach club (located
on the east side of A1A) than others park their cars in the south
tennis parking lot and then walk from this point to the beach club.
He advised that it was this parking lot for which the variance was
sought, increasing the spaces from 8 to 12 with a designated
handicapped space included. All additional spaces would be 9' wide,
as were existing spaces [Town Code calls for 10' wide]. Mr. Fanning
said the hardship involved in the petition was the fact that some res-
idents were unable to walk all the way to the beach club from their
buildings.
Board of Adjustment
Public Hearing - Minutes
. June 7, 1994
Page 2 of 3
At this time Chairman Cohen read into the record a letter from Dalton
Place resident Sandra Mick, which stated her opposition to the project
and the reasons why. [This letter will be kept on file with the
petition folder].
Harold Hagelman, Vice President of Dalton Place Association next
addressed the Board, speaking against the granting of the variance.
He explained that as an Alternate Member of the Boca Highland Center
Board he had voted in favor of a resolution regarding the submittal of
the petition for variance, which he believed to be only an affirmative
vote for same to be submitted for consideration for variance; he
emphasized that he did not vote for the Center to go ahead with the
work. Mr. Hagelman said that when he realized exactly what was in-
tended he also realized he was remiss in casting an "aye" vote for the
resolution, but at the time did not fully understand what the petition
entailed; only a drawing of the project was provided and no plans were
presented for review.
Noting he was speaking in opposition to the variance being granted on
behalf of the Dalton Place Association; he advised that Dalton Place
was willing to offer three (3) additional spaces for employee parking
in their parking garage (roof-top).
• Responding to a question regarding the use of the parking spaces for
beach access rather than the tennis courts, Mr. Hagelman explained
that although the spaces weren't specifically designated "tennis
parking only," there are two (2) courts and eight (8) spaces;
therefore, even if there were doubles matches going on each court at
the same time and each player had driven his own vehicle, all eight
(8) vehicles could be accommodated. Mr, Hageleman said he did not
feel that the area should have the landscaping depleted and more
blacktop added to oblige the needs of a few Boca Hi residents.
Following Mr. Hagelman, Lionel Gilbert (Dalton Place) addressed the
members, aknowledging that as the other Dalton Place Association
representative to the Boca Hi Center Board, he had also voted in favor
of the resolution, but, like Mr. Hagelman, he had not fully understood
the intent of same. He said he likewise was remiss in casting a
favorable vote and at this time formally opposed the petition.
Sylvia Lovett, Rick Guggenheim, Murray Reinstein, Wilma Morris and
Ellen B. Gerber, all of Dalton Place, also spoke in opposition to the
petition being granted. They echoed Mr. Hagelman's remarks and sug-
gested that the landscape should not be disturbed in the interest of a
few; it was also suggested that a jitney or some other form of con-
veyance could be employed to take disabled or infirm residents of
"distant" Boca High condominiums to the beach club. It was further
brought out in the course of their remarks that the beach club has a
semi-circular drive, providing easy ingress and egress, to accommodate
the dropping-off of residents to the beach club. Mr. Reinstein also
submitted three (3) photos, including a before and after conditions
regarding the Gordon development and one of the circular drive at the
beach club.
~ J
•
Board of Adjustment
Public Hearing - Minutes
June 7, 1994
Page 3 of 3
Interspersed with the above testimonies, Gustaf Sweet, Vice President
of Braemar Isle Association, spoke in favor of the petition, stating
many of the residents in the 225-unit building were elderly and needed
a car to take them at least this distance (tennis court area) to the
beach club.
Concluding testimony and discussion, MOTION was made by MR. BURD/
MR. SEGUSO to deny the petition. Roll call met with the following
votes:
MR. LOVENTHAL.........AGAINST
MR. BURD ..............FOR
MR. SEGUSO............FOR
MR. BENJAMIN COHEN....AGAINST
MR. HAROLD COHEN......FOR
•
MOTION passed by a 3 to 2 majority; petition was denied.
There being no further business to come before the Board at this time,
the Public Hearing was adjourned upon MOTION by MR. LOVENTHAL/
MR. BENJAMIN COHEN at 10:10 A.M.
dmt
APPROVE:
HAROLD B. COHEN, CHAIRMAN
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BENJAMIN COHEN
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ATTEST : ~~~~„
DATE:
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1~ICHARD C. SEGU,~'O
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NEI W. BURD
DANIEL J. LOV~NTHAL