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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, 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
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• •
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
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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: ~ ~~