1994.12.20_BAA_Minutes_RegularS~
TOWN OF HIGHLAND BEACH
BOARD OF ADIUSTMENT
PUBLIC HEARING -MINUTES
Tuesday, December 20, 1994 9:30 AM
Chairman Harold B. Cohen called the Public Hearing to order in Commission Chambers at
9:30 AM, advising its purpose was to hear testimony on the following Pettion, after which
the Board would issue its decision:
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, and 9 [Residential Multiple Family -Low Density RML; Lot, Yard & Bulk
Regulations].
Deputy Town Clerk Doris Trinley called the roll. The Chairman, Vice Chairman Robert F.
Selby, Secretary Jane Rayner and Members Benajmin Cohen, Richard C. Seguso, Neil W.
Burd and Daniel j. Loventhal were present.
Building Official Lee Leffingwell and Town Attorney Thomas E. Sliney were also in
attendance, as were members of the general public.
Chairman Cohen stated that a Workshop Meeting on October 18 had been cancelled in
order to allow respective attorneys to confer regarding the effect of a Unity of Title on the
two (2) lots; subsequently the project had been reconsidered at a Workshop Meeting held
December 5, at which time the property had been physically inspected by the members,
Town Attorney and Building Official.
All parties who might testify were then sworn in, with Attorney Charles Morganstein, Mr.
Conte's representative, first addressing the Board. He recapped the reasons for the petition,
saying that "down-zoning" over the years had created a hardship by severely impacting
what could be built on the property. Mr. Morganstein then reiterated Mr. Conte's desire to
build three patio/villa homes for himself and his two children, each with its own garage, and
asked the Board to look favorably on the petition, which would include 12' sideyard
between the interior unit and the two (2) exterior units (24' required by Code), and an
excess in lot coverage of 116 sq. ft.
Substantial discussion took place regarding what kind of association should be put in place
to protect the rights of any possible future owners unrelated to the Conte's, as well as how,
if necessary, the excessive 116 sq. ft. could be reduced.
'°
• Board of Adjustment
Public Hearing -Minutes
December 20, 1994 Page 2 of 3
It was pointed out that the exterior two (2) residences would met the required 24' sideyard
setback from adjacent properties; only the interior unit was under consideration for the 12'
sideyard setback; Mr. Morganstein again asked if the Board might designate the areas on
either side of the interior unit as "courts" rather than sideyards, thus eliminating the need
for this portion of the petition altogether.
Regarding the excess 116' of lot coverage, Mr. Conte offered to cut space from each of the
three screened porches, although he felt this would detract from their shape and usefulness.
Mr. Morganstein offered that even with the excess 116' sq.ft., plenty of green space had
been provided.
Mr. Golden, a recent purchaser of adjacent property expressed concern over what would
be removed regarding trees and vegetation. He was assured by the Building Official that
whatever was removed would have to be replaced with appropriate landscaping.
Concluding the Public Hearing, the members discussed specific aspects of the petition,
inlcuding the type of association that would be put in place to ensure protection of common
areas for possible future, unrelated buyers. It was the concensus that this matter, along with
protection of future buyers, was not within the Board's province.
After further discussion and review, and upon advice of Attorney Sliney, the following
MOTION was made by MR. BURD/MR.LOVENTHAL:
THE BOARD OF ADJUSTMENT APPROVES PETITION FOR VARIANCE NO. 09-94-54 AS
FOLLOWS:
1) A VARIANCE WITH RESPECT TO LOT COVERAGE.
2) A VARIANCE WITH RESPECT TO INTERIOR SPACING BETWEEN
DWELLING UNITS.
THESE VARIANCES ARE GRANTED ON THE CONDITIONS THAT THERE BE UNITY OF
TITLE TO THE ENTIRE PLOT FILED WITH THE TOWN AND THE COUNTY, AND THAT
THERE BE RECORDED A DECLARATION OF COVENANTS AND RESTRICTIONS
RUNNING WITH THE LAND ON THE THREE (3) DWELLING UNITS CONTEMPLATED,
SPECIFICALLY RELATING TO:
A) MAKING THE INTERIOR SIDEYARDS THE COMMON PROPERTY
OF WHATEVER TYPE OF ASSOCIATION IS PUT IN PLACE
FOR THE BENEFIT OF ALL OWNERS OF DWELLING UNITS ON
THE PROPERTY.
J J
• ~ .
Board of Adjustment
Public Hearing - Minutes
Deecember 20, 1994 Page 3 of 3
B) PROVIDING FOR RESTRICTIONS ON THE USE OF THESE INTERIOR
SIDEYARDS BY ONE NEIGHBOR WITHOUT TH CONSENT OF THE OTHER.
C) PROVIDING FOR COMMON MAINTENANCE OF THE INTERIOR
SIDEYARDS BY THE ABOVE-MENTIONED ASSOCIATION,
D) REQUIRING THAT THE ARCHITECTURAL AND AESTHETIC APPEARANCE
OFTHEDWELLING UNITSREMAIN HARMONIOUS,SOAST000NTINUE
TO ALOW THE PROJECT TO BE IDENTIFIED AS A MULTIFAMILY
BUILDING IN PERPETUITY.
IN GRANTING THESE VARIANCES, THE BOARD HAS MADE A FINDING OF FACT WITH
RESPECT TO SECTION 11 (VARIANCES] OF CHAPTER 30 [ZONING], AND HAS
DETERMINDED THAT ALL CONDITIONS AND PROVISIONS OF THAT SECTION HAVE
BEEN MET.
Roll call met with unanimous favorable vote.
There being no further business to come before the Board, the meeting was adjourned upon
MOTION at 10:00 AM.
dmt
APPROVE:
Harold B. Cohen, Chairman
~.,
~~ ~-~c~ca -. i
Jane Rayner, S cretary
f~~,SCti~>>`
Richard C. Seguso
ATTEST:
DATE:
G.-~~-~,=~.,~? ,yam
Robert F. Selby, Vice Chairman
~~
.~~~'-~
Benja in Cohen
i%:~A .~-
Neil W. Burd
Daniel J. Love that ~~
/~ ~~~