1994.07.11_BAA_Minutes_WorkshopZ
• TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
WORKSHOP MEETING - MINUTES
Tuesday, July 11, 1994 9:40 A.M.
Chairman Harold B. Cohen called the Workshop Meeting to order in
Commission Chambers at 9:40 A.M., immediately following the
Quarterly Meeting, advising its purpose was to consider the
following Petition for Variance:
No. 06-94-52. Submitted by Robert Eisen re Lot 129 West
for Evelyne Lahage, Owner of Lot 129 West North (2434 S.
Ocean Blvd.) and M/M Allan Gardner, Owners of 129 West
South (2444 S. Ocean Blvd.). Seeking relief from Town
Code of Ordinances Chapter 30 [Zoning], Section 5.1 (a)
{Fences, Walls & Hedges/Height Limits} and Section
5.2(d)(1) {Noncommercial Docks, Piers, Launching
Facilities & Mooring Devices}.
Deputy Town Clerk Doris Trinley called the roll. The Chairman,
Vice Chairman Robert F. Selby, Secretary Jane Rayner and Members
Benjamin Cohen, Richard C. Seguso, Neil W. Burd and Daniel J.
Loventhal were present.
Building Official Lee Leffingwell, Town Attorney Thomas E. Sliney
and members of the general public were also in attendance.
Chairman Cohen noted that no decision would take place at this
time, rather the Workshop was being conducted to review plans and
hear testimony, after which he would recess the meeting to allow
for a physical inspection of the site.
Robert Eisen then addressed the Board, advising he was an attorney
who represented the respective owners. He gave some historical
background on the properties, including that they had previously
been under the single ownership of Mr. Harcourt Sylvester as Lot
129 West, whose residence had been located on Lot 129 East.
Frank Lahage had subsequently purchased both lots and, through
Unity of Title process, had separated the lots into 129 EAST North
and South, and 129 WEST North and South; single family homes have
been built on all four (4) lots.
Mr. Eisen first explained that portion of the variance petition
having to do with the dock. He said that the existing dock,
previously installed by Mr. Sylvester, now straddled the two homes'
west property lines (Lahage to the north and Gardner to the south),
which violated the 25' side setback required by Code. However,
both owners were requesting that the dock be "grandfathered in" and
allowed to remain in place.
i .
Board of Adjustment
Workshop Meeting - Minutes
July 1, 1994 Page 2 of 3
Further, the south property owner (Gardner) was requesting to
install a dock inside and completely around the perimeter of an
existing "boat basin," which Mr. Eisen estimated was approximately
75' x 60' with water depth of about 6' at low tide. This also
would not meet Code requirements as the 25' side setback (from the
south property line of the south property) would be reduced to 17'.
Mr. & Mrs. Gardner were also requesting permission to install a
boat lift which would be 10' from the face of the seawall (5'
beyond Code requirement.) Mr. Eisen noted that a permit for the
lift had already been secured from the Army Corps of Engineers.
The additional Lahage request (129W North) was to extend the
existing dock to within 12-1/2' of the north property line. A boat
lift to extend 5' beyond the 5' Code requirement, as requested by
the south property owners (Gardner), was also requested.
Regarding all variances requested for the docks, Mr. Eisen assured
that both owners were in accord and, if the Board so desired, he
would get them to put their agreement in writing.
Addressing that portion of the petition that had to do with the
. privacy wall to be installed on the property line on the east side
(front), Mr. Eisen said that although the Code limit on walls
installed on front property lines is 2-1/2', pilings had already
been driven to accommodate a 6' wall. Referring to the entire
area, known as Byrd Beach, Mr. Eisen noted the wall would be in
keeping with others installed in front of the estate-sized homes
that were located in that section of the Town. Acknowledging that
there may have been an architectural error when the plans were
drawn, Mr. Eisen said that the homes would have been positioned on
the lots differently to accommodate the 2-1/2' height requirement
for the front wall, i.e., placement of driveways, for example, had
the Code been properly interpreted. (Town Code allows a maximum
height of 6' only if walls are erected 5' within property line.)
Substantial discussion took place during and after the applicant's
presentation, with members' questions being answered to their
satisfaction. Of particular note was Mr. Eisen's proposal that a
covenant might be recorded with the deeds to ensure there would not
be a conflict with any future owner(s). Regarding the dock
variance request, the incumbent hardship to the current property
owners, he said, was that the total land involved had been
previously one estate-size lot; the hardship regarding the height
of the front wall had been created by the pilings for a 6' wall
already having been put in place.
Board of Adjustment
Workshop Meeting - Minutes
Julv 11, 1994 Page 3 of 3
Concluding testimony, Chairman Cohen recessed the meeting at 10:10
A.M. to allow for a physical inspection, following which the
Workshop was adjourned at 10:45 A.M.
The Public Hearing for the Petition is scheduled for Tuesday,
July 26, 1994 at 9:30 A.M.
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Harold B Cohen, Chairman
Robert F. Selby, Vice Chairman
• ane Rayner, Secretary
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B in Cohen
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R'chard C Seguso
Neil W. Burd
Daniel J. Loventhal
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TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
QUARTERLY MEETING - MINUTES
Mondav, Julv 11, 1994 9.30 A M
Chairman Harold B. Cohen called the Quarterly Meeting to order in Commission
Chambers at 9:30 A.M.
Deputy Town Clerk Doris Trinley called the roll. The Chairman, Vice Chairman
Robert F. Selby, Secretary Jane Rayner and Members Benjamin Cohen, Richard C.
Seguso, Neil W. Burd and Daniel J. Loventhal were present. Building Official
Lee Leffingwell, Town Attorney Thomas E. Sliney were also in attendance, as
were members of the general public, which included Ben Z. Plous, a Talent
Bank applicant.
MINUTES
The following sets of Minutes were unanimously approved:
April 19, 1994 Quarterly (MR. BURD/MR. LOVENTHAL)
May 24, 1994 Workshop (MR. LOVENTHAL/MR. SEGUSO)
June 7, 1994 Public Hearing (MR. BURD/MR. BENJAMIN COHEN)
DISCUSSION
1) Correspondence - None
2) Status of Building Development - Brief discussion took place
re various projects.
Chairman Cohen then set October 18, 1994 (Tuesday) for the next Quarterly
Meeting and, there being no further business to come before the Board at this
time, the meeting was adjourned at 9:37 A.M.
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Harold B. Cohen Chairman
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Ri hard C. eguso
Robert F. Selby, Vice Chairman
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Benj in Cohen
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Neil W. Burd
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Daniel J. Loventhal