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1995.06.06_BAA_Minutes_Regular^` • • TOWN OF HIGHLAND BEACH BOARD OF ADLUSTMENT PUBLIC HEARING MINUTES Tuesdav tune 6 1995 9:30 A.M. Chairman Harold B. Cohen called the Public Hearing to order in Commission Chambers at 9:30 A.M. The Chairman 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. 05-95-55 Submitted by Charles Tozzi as contract purchaser, Timothy O'Connor, Owner, for property located at 4108 South Ocean Boulevard, Lot 41 W East, Highland Beach, Florida. Seeking relief from Chapter 30 [zoning], section 5, Supplementary district regulations, Section 5.2 (B) pools and pool decks. (Twenty-five (25) feet front yard set back to fifteen (15) feet for swimming pool and Twenty (20) feet front yard set back to twelve (12) feet for pool deck.) Deputy Town Clerk Gretchen Dayton called the roll. Present were the Chairman, Vice Chairman Robert F. Selby, Secretary lane Rayner and Members Benjamin Cohen, Richard C. Seguso and Neil W. Burd. Member Daniel ). Loventhal was 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 petitioner had submitted Certified Mail/Return Receipt's and returned letters notifying the property owners within three hundred (300) feet of the property of today's Public Hearing. All those who were to give testimony were sworn in at this time. Ms. Leffingwell stated there was a permit for a swimming pool issued on March 1, 1984 by Building Official Bruce Sutherland to the previous owner of the property. The set backs on the drawings were ten (10) feet in the front and eleven (11) and twelve (12) feet on the sides respectively. The permit originally issued for this particular piece of property was never commenced, therefore it became null and void. The Code for Chapter 30, Zoning, reprinted in 1981 and then- again in 1983 had no mention of front yard set backs for swimming pools, with the set backs of ten (10) feet on the side and the rear. The previous Building Officials who issued front loaded swimming pool permits had an erroneous interpretation of the codes. If the code does not specifically address a front yard set back, then there is • • BOA PUB HEARING 6/6/95 PG 2 none. Further research of front yard swimming pools in our area, excluding any litigation settlements, found there was one other permit issued with a ten (10) foot front yard set back during Francis Hamzik's tenure as Building Official. It was not until 1985 the twenty five (25) foot front yard set back for pools and pool decks was incorporated into the codes. Upon advice of Attorney Sliney, the following MOTION was made by MR. BURD/MRS. RAYN E R: THE BUILDING OFFICIAL WILL SUBMIT HER FILE FOR THE RECORD AND HAVE AVAILABLE FOR INSPECTION AT THE BUILDING DEPARTMENT. The motion met with unanimous favorable vote. There were no correspondence for or against this request for variance. Mr. Tozzi presented a drawing showing the proposed pool, and marked in yellow, the location of a pool with a twenty five (25) foot front yard set back. the following MOTION was made by MR. BURD/MRS. RAYNER: • THE BOARD OF ADJUSTMENT ALLOWS DRAWINGS SUBMITTED BY PETITIONER TO BECOME PART OF THIS RECORD. The motion met with unanimous favorable vote. Chairman Cohen asked Mr. Tozzi if there was a hardship which would justify the issuance of a variance for this swimming pool. Mr. Tozzi said he would like to beautify and increase the property value with a swimming pool. Other lots on Alternate A 1 A are about fifty feet longer than this particular piece of property having enough room for pools. The Board discussed the possibility of a lap pool, which may not require a variance. Concluding review and discussion, the following MOTION was made by MR. BURD/MRS. RAYN E R: THE BOARD OF ADJUSTMENT DENIES REQUEST FOR VARIANCE SUBMITTED BY CHARLES TOZZI AS CONTRACT PURCHASER, TIMOTHY O'CONNOR, OWNER, FOR PROPERTY LOCATED AT 4108 SOUTH OCEAN BOULEVARD, LOT 41W EAST, HIGHLAND BEACH, FLORIDA. SEEKING RELIEF FROM CHAPTER 30 [ZONING], SECTION 5, SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 5.2 (B) POOLS AND POOL DECKS. • EXHIBIT A • TO: THOMAS SLINEY, TOWN ATTORNEY FROM: LEE LEFFINGWELL, CERTIFIED BUILDING OFFICIAL ~-~ • DATE:. JUNE 2, 1995 RE: TOZZI REQUEST FOR POOL, 4108 SO. OCEAN BLVD. GOING BEFORE THE BOARD OF ADJUSTMENT JUNE 6, 1995 I am enclosing a copy of a pool permit that was issued March 1, 1984 by the then Building Official Bruce Sutherland to the previous owner, at the same address. .Please note the setbacks on the drawing of 10' front and 11' & 12' on sides respectively. The 'Code for Chapter 30 Zoning was reprinted 1981 and reprinted 1983, with those setbacks (see copies). The Code did not address front setbacks. Normally, if an item is not addressed, it is not allowed. This particular permit #5583 was never commenced, therefore, it became null and void. The 1985 Code was changed to reflect front setback on pool of 25' to front property line. The only other front loaded pool I found in our records was for 4307 So. Ocean Blvd., for Coco-de-Mer Apartments, dated March 1, 1981, with setbacks of 10' front and 10' side. This was issued by Francis Hamzik, the•then Building Official. •I believe both of my predecessors made an error in their interpretation and, as such, the 25' setback for frontage appears in the 1985 Code book (see copies). Mr. Tozzi is aware of the original permit being issued, but believes it was a variance. However, no variance was found in the file. 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PI ~ i _ s :: ~S r ~~ _ ~ _ t-; c .`~G~ F` A _. ~ 1 '~~ ~ N -.. 1' ~ 5. `- r f .> R• - etc - _~~ - - ~ ,. f r, ~ Thia pamphlet is a reprint of Cb of Ordinances oaf the Town of Highh l-Y order of the Town Commission e} - :~ ~ - _~ !y 1- ~~ -.Sr y.; ' - .: tri' i'.:. Zoning, of the Code •- i, Florida, published _ , ~ • _ ~- MUNICIPAL .-CODE CORPORATION ,~- C Tallahassee, Florida Reprinted 1981 Reprinted 1983 .~ .~ ~ ~ mpv^o~a a~ ~ .~ N '~ ~ ~ *; b0 ~ dpi ~ yp, G `~ cd o • r ~ ', ar U} ~d .°,,, w ~ ,°p ~ ~ m ~ ~ o ° ~ w o~i ~.. o ~ 'o °~ o~ ~ ~ ad ~ ad w N ~a N 'd ~ :n O G "y ~ ~ ~ ~ ~ v y,, ~ o, .v a> y b .. ~ ,.• a r ~- .~ N p w 's• y a~ ~ . o ^ pa .~ oa d ~.~ .. ~ ~ .~ df r. 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'~ "~'^~' oa e6 ~ ~ ~ ~ p ,~ CL o~ p, ~ .v O A qo a ~'. '~ •~ '"aa ~' .;3 0 ~ ~ at •°° ~{ ,~ a '"p, a°~ D+ e1 -' Q' v ~ t,,,, ~ s: "p, v A' ~ ~, p4 ~ ~ a ai a+ v ~'•w .,:r '~ D'- w - ° ~~i o~ ~ ~ °~+ ~ p 'i °a' o ~ ~ ~ ~ ,~y ~ o A .~~ y°, •a rxa'0..~ R ~"' °~ •ty}., ~ ~ c~+ ~' ~' ~ 'Fi `"' A a~ ~ m °a ~ `u '~ ~ ° °' a `a 3 x as aaa aaa ~~ }°.,~~ ~ ?s .v eu ~ ~ as 1y~ ~w A a~~+~''~'7.Gr ° m ~ °~ r„ G~7 r ~!J ..i w .~' ~t! `~ to , DEPARTMENT OFT NSPOR TIVNyYDOTY IS RESE ED yt,~, ;• :~ TOWN OF HIGHLAND BEACH Building Inspection Depautmeat Application Ito, APPLICATION lF'OR BUII.TJING Permit No. -r~ PE~f11iIT Date ~ _ I .. g~ Application is hereby made for the approval of the detailed statement of the plans and specifications herewith submitted for the buildinE or othv stnscture hvein described. This application is made in compliance and conformit~yy with the Zoning and Building Ordi_ nances of the Town of Highland Beach, Florida; and all provisions of the Lws of the State of Florida~aD ordinances of the Town of Highland Deach, and all rules and sego of the PLnning Board of the Town of Highland Bach s all be complied with, whet},v herein specified or not. A copy of the approved plans and specifications must be kept at building during thg progress of the work Owners Name and Add``t•`,ess/ P1an.S Frrepared By N .•l General Contractor ~! Occupational License Location and legal description of lot to be built oa: Lot ~ ~ Bloc( Street and A'umber where wont is to be done Issued Subdivision State work to be done and purpose of buridiag iby Aoorsl . PoGs.. 1F' ~ec• ~ and for no other purpose. liew• Building Remodeling ~ llddltion Repairs No. of Stories be constructed of Fr a ~~ d of loan anon Root ~o~~ ~rstimated Total cost of imprmrements = 9~~~ • "" Amount of Permit i fp Zone Square it. required Plan Square it. Distance to next nearest building Sine of Building Lot >tiaxtmum live load to be borne by each floor I hereby submit all the plans and apecitlcattotts for said baridiag. AU notices with reference to the building and its con- struction may be sent to -- Tl,c underslRned appLcant for this building permit does hereby certW- that he understands and accepts his obligations as an cml,)o~ cr of labor under the Florida Workmen's Compensation Act, being Section 5966. Compiled General Laws of Florida. Pcnnancnt Supplement. and bas compiled with the provisions thereof, and will require similar compliance from all contractors or sub-contractors employed by him !n the work to be performed under this permit; and wiri post or c be posted for in- spection on the site of the work loch public notice or notices as are required by th Act. The undo agrees to employ only such subcontractors, on work to be perfoaned under this permit. as hold a ce~ificate~sued~y the T o ighland Beach. Remarks (Signed) _~~~ The above applfcatioa. plans and specifications. have been examined a o orm of the Town of Highland Beach. and the same is hereby submitted to the Planning Board for this day of A. D. 1~_ Remarks Signed PLANNING BOARD 19 APPROVED: PERMIT NO. Chairman Building Inspector. DISAPPROVED APPLICATION NO. the Zoning and/Building Codes I-lember Member ~l .- ~r 0 0 .~ ++.. ~ . 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Q ~~ ,~ ~ ~ . ~-- `, T~P~cs~c:, wq~;.~'~5[rGTiON ~.~~WEL.[..~POFNT FN' l /LLM P f • ~~ b ~e ~ ~~ ~n EXHIBIT B ~~ ,, -_.. ~r ~~ -n~tM ~.« _.-- n ~'~ '' x ,e ~ ~ X~~ 1 -~' ... I ?;~x C ~ {_ `.. ~(1e. ,' x J 4 ' ~ 11`~ ~ }i . _. . ~,9 ~ ~ ~`` ~ 9S F ~ ~ !Z ~' ~ 3 4 ~ L_ _ -- ~ .~av •~ ~~^~~ a ~ a '` WALL "~ .-.- --- • • BOARD OF ADJUSTMENT DECISION ON PETITION FOR VARIANCE Petition No. 05-95-55 Dated June 6, 1995 Town Code CHAPTER 30 [ZONING], SECTION 5.2(b),(2) Public Hearing Date6 6 95 Petitioner Charles Tozzi, Agent, Timothy O'Connor, Owner P.O. Box 2295 Boca Raton Fl 33427-2295 In the above numbered Petition, by vote as shown in the official Minutes and recorded on the reverse side of this form, it was determined and ordered that the requested variance be granted [ ]; denied ~]; granted subject to the following conditions and safeguards [ ]: In reaching its decision and order, the Board has found/has not found in the case of the above numbered Petition that: 1. Special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same district. 2. The special conditions and circumstances do not result from the action of the applicant. 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by the ordinance to other lands, structures or buildings in the same district. 4. Literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the ordinance, and would work unnecessary and undue hardship on the applicant. 5. The reasons set forth in the applicant's petition justify the granting of the variance, and the variance granted is the minimum reasonable variance that will make possible the reasonable use of land, structure or building. 6. Granting of the variance will be in harmony with the general purpose and intent of the ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. • Board of Adjustment Unless otherwise previously stated, any authorization by the Board for a variance shall expire if the Petitioner fails to obtain a building permit within one (1) year from the date of authorization of such variance. SIGNATURES ~ ~. Chairman ~~ ~ , '6 `/ Vice Chairman WRITE 'FOR' OR 'AGAINST' MOTION TO DENY ~O ~ ' ~. i _. .; ,~; . ; ~ t ,~ GL ~~ ~~~ ~--v ¢~..~ ~~-~ ~ NOTE: ANY PERSON, OR PERSONS, OR ANY TAXPAYER, BOARD, DEPARTMENT, OFFICER, BOARD OR BUREAU OF THE TOWN OF HIGHLAND BEACH AGGRIEVED BY A DECISION OF THE BOARD OF ADJUSTMENT MAY, WITHIN THIRTY (30) DAYS AFTER RENDITION OF THE DECISION OF THE BOARD OF ADJUSTMENT APPLY TO THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, FOR JUDICIAL REVIEW PURSUANT TO FLORIDA STATUTE 163.250. CC: BUILDING OFFICIAL • ~ . • • • BOA PUB HEARING 6/6/95 PG 3 (TWENTY-FIVE (25) FEET FRONT YARD SET BACK TO FIFTEEN (15) FEET FOR SWIMMING POOL AND TWENTY (20) FEET FRONT YARD SET BACK TO TWELVE (12) FEET FOR POOL DECK). The motion met with unanimous roll call vote as follows: Mr. Burd ........................... DENY Mr. Seguso ........................ DENY Mr. Benjamin Cohen......... DENY Mrs. Rayner ....................... DENY Mr. Selby .......................... .DENY Mr. Harold Cohen ............. DENY The next Board of Adjustment Quarterly Meeting will be held on July 18, 1995 at 9:30 A.M. Upon MOTION by MRS. RAYNER/MR. SELBY the Public Hearing was adjourned at 10:10 A. M. APPROVE: • Harold B. Cohen, Chairman Robert F. Selby, Vice Chairman Neil W. Burd APPROVE: ~~~ ~ DATE: ~ ~~