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1994.10.18_BAA_Minutes_Workshop~- TOWN OF HIGHLAND BEACH BOARD OF ADJUSTMENT WORKSHOP MEETING - MINUTES Tuesday, October 18, 1994 10:10 A.M. Chairman Harold B. Cohen called the Workshop Meeting to order in Commission Chambers at 10:10 A.M., following a Public Hearing on Petition 09-94-53, advising its purpose was to consider the following Petition for Variance: No. 09-94-54. Submitted by M/M Dominick Conte re Block 2, Lots 17 & 18, Bel Lido. Seeking Relief From Town Code of Ordinances Chapter 30 [Zoning], Section 4.3 (e) 5 & 9 [Residential Multiple Family Low Density RML; Lot, Yard & Bulk Regulations]. The Chairman, Secretary Jane Rayner and Members Benjamin Cohen, Richard C. Seguso and Neil W. Burd were present, as were Building Official Lee Leffingwell, Town Attorney Thomas E. Sliney and members of the general public. Vice Chairman Robert F. Selby and Member Daniel J. Loventhal were absent. 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. Mr. Conte then identified himself to the Board, saying he proposed to build three (3) individual residences for himself and his two (2) children. Because the structures were detached, he was requesting a variance on side setbacks for the middle unit; a variance from maximum lot building coverage was also being requested. While the proposed two (2) end units would be within Code requirements with 12' side setbacks, the middle unit, because it was proposed to be freestanding, would require a total of 24' side setback from each of the end units [12' from each structure, middle unit and end unit]; however, 12' total side setback was being requested, i.e, 12' only between middle unit and end units. With regard to lot coverage, Mr. Conte was requesting a variance from the required 30% to approximately 34%. Ms. Leffingwell explained that in her preliminary discussion with Mr. Conte regarding the proposed project, she had pointed out that the freestanding status of the middle unit posed a problem in terms • of category regarding Town Code,in that multiple family projects of this type would usually be connected by common wall. However, r Board of Adjustment Workshop Meeting - Minutes October 18, 1994 Paae 2 of 2 Mr. Conte was insistent that the units be separate; therefore, she had categorized the project according to the definition given on page 1828 of Chapter 30 [Townhouse, patio and villa apartment], and a Petition for Variance had been necessitated regarding side setbacks for the middle unit, as well as maximum lot coverage. Attorney Sliney then pointed out that because a Unity of Title had been obtained by Mr. Conte on both lots (17 and 18), thus creating one lot, building the units as separate structures would create a problem for him in the future should he want to sell one or two of the units. Mr. Sliney also noted that he had not had a chance to confer with Mr. Conte's attorney on this matter. The idea of building with a common wall between units to create an association with common elements was then discussed. It was pointed out that this approach would allow for a possible future sale and also negate the need for a variance. However, Mr. Conte repeated his desire to build individual units only. Concluding discussion, it was the consensus that this Petition go no further, and a date for a Public Hearing not be set, until Mr. Conte's attorney and Mr. Sliney had conferred as to Mr. Conte's rights regarding building individual units on two (2) lots made into one (1) lot by virtue of Unity of Title, and what adverse effect this might have on the property in the future. Mr. Conte ultimately agreed with this reasoning. There being no further business to come before the Board at this time, the Workshop was adjourned upon MOTION by MR. BURD/MR. BENJAMIN COHEN at 10:45 A.M. dmt APPROVE: ~ Harold B. Co en, Chairman ~~~, Benja in Cohen ATTEST: DATE: ~2~ - -~ ane Rayner, S retary Richard C. Seguso Neil W. Burd TOWN OF HIGHLAND BEACH • BOARD OF ADJUSTMENT PUBLIC HEARING - MINUTES Tuesday October 18 1994 9:37 A.M. Chairman Harold B. Cohen called the Public Hearing to order in Commission Chambers at 9:37 A.M., immediately following the Quarterly Meeting. The Chairman, Secretary Jane Rayner and Members Benjamin Cohen, Richard C. Seguso and Neil W. Burd were present, as were Building Official Lee Leffingwell, Town Attorney Thomas E. Sliney and members of the general public. Vice Chairman Robert F. Selby and Member Daniel J. Loventhal were absent. Chairman Cohen advised the purpose of the Public Hearing was to hear testimony and receive public comments on the following Petition, after which the Board would issue its decision. No. 09-94-53. Request Submitted by Robert Eisen, Esq. re 3515 S. Ocean Blvd., Lot 83E. Seeking Relief from Town Code of Ordinances Chapter 30 [Zoning], Section 4.3 (e) 3, 4 & 5 [Residential Multiple Family-Low Density RML; Lot, Yard and Bulk Regulations. He also noted for the record that a Workshop on said Petition had been held October 3, at which time the Members, Building Official and Town Attorney had physically inspected the property. Before testimony began, the Deputy Town Clerk verified that the required notice of this Hearing had been duly published, and that the Petitioner had submitted proof that all property owners within 300' of the property for which variances were sought had been notified of the Hearing by Certified Mail/Return Receipt Requested. Having been sworn in, Building Official Leffingwell was asked to recap the Town's position on requiring this proposed project to come before the Board. She explained that current code did not allow what the contract purchaser had planned for the property in terms of front and side setbacks; she also noted that current Code set lot width for a single family residence at 80' and the existing lot was 60'. Also being sworn in, Robert Eisen, Esq. next addressed the members, advising he represented both the owner of the property (Boss) and the contract purchaser (Lahage). He reiterated that hardship in this case would be that current Code would not allow Mr. Lahage efficient use of the site to build an anticipated two-story . residence of approximately 3700 sq.ft. Board of Adjustment Public Hearing - Minutes October 18 1994 Page 2 of 3 Mr. Eisen continued his presentation, using a color coded sketch to indicate areas of petition, which were as follows: WIDTH OF LOT: FROM 80' TO EXISTING 60' SIDEYARD SETBACK: FROM 20'TO 10' FRONTYARD SETBACK: FROM 40' TO 25' During further review of plans, it was noted that, as promised, Mr. Eisen had supplied the members with a site plan and elevation information. It was also noted that at this time, plans for the proposed residence were just conceptual and still evolving; however, any changes in the future would be within the parameters of the variances, if granted. Chairman Cohen then called for Public Comments; there were none. However, he did read into the record correspondence received re- garding the project from property owners within 300', which are attached to and made part of these Minutes. In conclusion, and after conferring with Mr. Sliney, MOTION was made by MR. BURR/MR. MR. SEGUSO as follows: THE BOARD OF ADJUSTMENT FINDS THAT ALL CRITERIA AS SET FORTH IN SECTION 11 (a) OF CHAPTER 30 [ZONING] HAVE BEEN MET AS REGARDS GRANTING OF VARIANCE; THERE- FORE, THE THREE (3) VARIANCES REQUESTED IN PETITION NO. 09-94-53 [LOT WIDTH, SIDE AND FRONT SETBACKS] ARE HEREBY GRANTED. Roll call met with unanimous favorable vote. There being no further business to come before the Board, the Public Hearing was adjourned upon MOTION by MR. BURR/MR. BENJAMIN COHEN at 10:00 A.M. dmt G V Harold B. Cohen, Chairman ~~ ~ ane Rayner, Se retary Benja n Cohen Board of Adjustment Public Hearing - Minutes October 18, 1994 Page 3 of 3 --~ ,~ ,S ~ /i,~ , - Richard C. Seguso ~~ - - ~~.~ Neil W. Burd ATTEST: DATE: • • R + ~ ANNEMARIE WINTER 3505 SOUTH OCEAN BLV D.. SUITE 4S HIGHLAND BEACH. FLORIDA 33487 (407) 276-2866 Board of Adjustment Town of Hicthland Beach October 15, 1994 rear sirs, Re - Petition No. 09 - 94 - ~3, t `~e took note of your notice regarding the variance submitted by M r. Robert Eisen. '~1e do not have a specific objection to this particular variance, but do want to make certain, that this variance is not to be used as a precedent for variances of properties in our immediate vicinity. Yours respectfully, i1 Y Annemarie' WiJn~t~er Martin `tinter. n f~ _~ ~ T ~ ~ ~ q_~ i~t:~ ~ ~ .."~F? ? ~!J :~:: L'=~E (F'Hl_ht F;Et=iCFi? . • DATE: TTME~ PLACE: S PU$LZ C _NGTT C'$ . '''0V1~? OF NIGH?.1AP1r~ BEACIH SC~AFD_ CAF Ri7J~JSTMENT P~~L~~ F•iE~IN,~ TCJESI)AY, ©C'T'f3BER Z8, 1.9°4 NLT1ED TA`I'ET ~"z' FOLLOWING 9 : ~ ~ A . M . ~UAl~r~ Ln.LY MEETING Ct~?~'iMISSI'ClN CI-IAI":ERS 3 614 3t~TJTK OCET~+ P.OULLVA~?D HIGh'~'~L B;"ACI-i, ~'LORIL"~A 33487 F' . i TrilS MF~~,'TID+G ~,t:LL D~; H~:~i1D REGAFtrJ'INC :'H~ I°'OI~LOI~'x'VG1 PE'FIT2Gi4` FOR VAI~ZANCE: ~30.~ ~9-945 SL''3y1T.`~'~,,"'C Sri RG~,ERT E]: SEli , EE ,~'~ . I2~`, ~ 5? 5 S . OCE~'u`~ ?3I,VI~ , , ~~OT $3~~. v~,L~~~1`+G; REI_,I~.~F kR~7M '1'C)~^Ft\" C.~.D:. CF OR.J:~IIVANCLS CI3.AP;1~;k 30 (~C~z~ING~ , ,SECTxUI~T 4.3 (ej 3, 4, & 5 LkESI- DN..~ 1 Tr'~T. ML7LT~PI~~; FA.MiLY-LC7W D~~~JSI'1'Y RP}:L; LOT, YARD ANI~ BULi{ . THE PUBIaT.C IS INV ZTE`'1~ . iF AI\TY L)ECISI~JN r`F 'I'HE pt~ARU UL'" ATJUSS.CMEN T AFFEC"T3 YOU, AI~TD YOU DECYDE TO AFPEpL AN`.'' ]7EC_T.SZC~P7 M,AD; AT THT,r~ MEE~'ZNG ~JT'1'~I RFSPEC`T TO ANY MATTER CUNSInFI*E11, YC>U ~IZL'L' NiED A RECORD OF THE PF~UCrEDINGS ,F~?]~, FJR SZ7CH PURPOSES, '.fC3U N~.Y ATE.r•~I:? TC '~'NST~%~t '~'r'-i.AT /~. V::~~iAT.s1~1 k~F'CC~FZD C+~' THE PFLOC~~FDINGS~ IS MALE, WHICH rtEC:GFtS3 Z7~7r`.LU~JC:~ 'SI-TE TES'1'Z'MO~aY 1~NZ`~ EV~?-LI;:iVCEI UPC711 W';•IICH Tr~E ~'1.PPEAL IS TO bE $ASE7. ('I'H^ :~~JFtL~'vOSNG NGT''C,r IS ~~E(",!UI:R,F.f~ ~'Y ST.I~TE LAW. AN1'OI~TE DESIRING A VERB7~T''t1~i 'ii~.,~~'~iSC"ZA•P`. I~i1~I.~L HAVE art;r RESi'ONSI:BXL.T.TY; AT ~iIS t;WN COST, TO ARR~.1'V~~'.i I"'t.~~Z ~~. 'Z'~.a•1.~iJ~~'i~ i~'y PCSTEL~ : UC'I'OEER ~ , 1994 dmC ~~'~ ~~~ r'y- T~ 3sio ~~' /~ . ~Yl~',Q) O r~sly?G'C7 ~~~- cam' ~/ ~~~ ~~; f~. ~ , .. 0~~'~`'" :O,` _ ~ ~' =rya ~~h. FC 0 A 10~ ~= VIA FAX Town of Hi hland B h g eac ArliaGyVoree. Vice Mayor: Bill Paul 3614 SOUTH OCEAN BOULEVARD a HIGHLAND BEACH. FLORIDA 33467 Comwieswners: Arthur G. Eypel Joha F. Rand David Augeaetsin 407-27&4S48 Palm Beach County, Florida FAX 407-26S-3S82 Town Managsr: Mary Aaa Mariano October 11, 1994 Daniel P. Lewis, CCIM, SIOR ,; President D.P. Lewis & Associates, Inc. 7289 Garden Road, Suite 201 West Palm Beach, FL 33404 Re: Petition for Variance 09-94-53 Dear Mr. Lewis: In response to the requests set forth in your letter of October 7 (copy of entire petition, zoning map and site indicator map), please be advised that time would not permit our forwarding same to you for review and then awaiting your comments, as all legal requirements have been met and the advertised Public Hearing scheduled for October 18. However, as is legally mandatory, all information requested is public and available in our Building Department, which we invite you to visit between 8:30 AM and 4:00 PM Monday .through Friday. Likewise, we hope you will be able to attend the Public Hearing, where the Petition will be further explained and the Public will be invited to express their views. If you would like to know the particulars of the Petition, I invite you to contact Doris Trinley, the Board of Adjustment Recording Secretary, at 407- 278-4548. Very truly yours, ~~~~t Harold B. Cohen Chairman, Board of Adjustment /dmt cc: Rev. Anthony J. Chepanis ; "Tree City U.S.A." >" ~ LDe~l ~ Garden OtEce Center Leasing & Management Office 7289 Gazden Road Suite 201 West Palm Beach, Florida 33404 St ASSOCt1teS, IriC~ Telephone 407 - 845-0700 Fax 407 - 845-3790 Licensed Real Estate Broker INDUSTRIAL COMMERCIAL OFFICE INVESTMENTS INSTITUTIONAL • REAL ESTATE ASSET MANAGEMENT October 7, 1994 Town of Highland Beach Board of Adjustment 3614 South Ocean Boulevard Highland Beach, Florida 33487 Re: Petition for Variance 09.94.53 Dear Board of Adjustments: I represent the Most Reverend J. Keith Symons as Bishop of Diocese of Palm Beach. We would like additional information regarding subject variance. I would appreciate if you could send me a copy of the entire petition as well as a town zoning map and a site indicator map as soon as possible. We will let you know at that time if there is any objections. Thank you for your cooperation. Kind regards. Sincerely, D.P. LEWIS & ASSOCIATES, INC. Daniel P. Lewis, CCIM, SIOR President DPL:gm 4dp10422 cc: Rev. Anthony J. Chepanis C•YMFaCIAL ® Individual Members ygyt PmFessioaal Commercial-Investment Real Estate Source ~~*~^' .I • Individual Membership In The Society of Industrial & Office REALTORSQ9 .~ TOWN OF HIGHLAND BEACH BOARD OF ADJUSTMENT QUARTERLY MEETING - MINUTES Tuesdav, October 18, 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, Secretary Jane Rayner and Members Benjamin Cohen, Richard C. Seguso and Neil W. Burd were present, as were Building Official Lee Leffingwell and members of the general public. Vice Chairman Robert F. Selby and Member Daniel J. Loventhal were absent. MINUTES The following Minutes were unanimously approved: July 11, 1994 Quarterly [MR. BURD/MR. BENJAMIN COHEN] July 11, 1994 Workshop [MR. BURD/MR. BENJAMIN COHEN] July 26, 1994 Public Hearing [MR. SEGUSO/MR. BENJAMIN COHEN] DISCUSSION 1) Correspondence: None 2) Status of Building Development: Brief discussion took place, during which Ms. Leffingwell noted that no building permit extensions had been applied for. SCHEDULE NEXT MEETING Chairman Cohen announced the next Quarterly Meting would be held on Tuesday, January 17, 1995 at 9:30 A.M. There being no further business to come before the Board at this time, the meeting was adjourned at 9:30 A.M. upon MOTION by MR. BURD/MRS. RAYNER. At approximately 10:45 A.M., immediately after the scheduled Workshop Meeting for Petition 09-94-54 (Conte), the Quarterly Meeting was reopened at the request of Mr. Burd, who went on record on behalf of the Board to extend best wishes for a full recovery to good health to fellow Member Daniel J. Loventhal. dmt • Board of Adjustment Quarterly Meeting - Minutes October 18, 1994 Page 2 of 2 APPROVE : ~~ ~' Harold B. Cohen, Chairman ,n , ~: Jane~Rayner, ecretary Benjamin Cohen - ~ .~ S ~ ~-` i -- Richard Seguso ~r%L „ ~.- Neil W. Burd ATTEST: DATE: •