1996.02.20_BAA_Minutes_Workshop1
• TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
PUBLIC HEARING
MINUTES
Tuesday, February 20, 1996 9:30 A.M.
Chairman Harold B. Cohen called the Public Hearing to order in
Commission Chambers at 9:30 A.M.
Deputy Town Clerk Jane Dillon called the roll. Present were
Chairman Harold B. Cohen, Vice Chairman Neil W. Burd, Members
Robert F. Selby, Daniel J. Loventhal, Benjamin Cohen and Richard C.
Seguso. James F. Niehoff was absent.
Town Attorney Tom Sliney was present, as well as members of the
general public.
This was an advertised Public Hearing to hear an amended Request
for Variance (Petition No. 01-96-57(A), submitted by Mr. and Mrs.
Kelvin Claney for property located at 3801 South Ocean Blvd., Lot
64A, seeking relief from Town Code of Ordinances Chapter 30
[Zoning], Section 4, Zoning Districts, Section 4.2, Residential
Single Family (RS), (e) lot, yard and bulk regulations.
• Requesting two foot, 10" on the south portion of the front of the
lot and six foot 10" on the north portion of the front lot, leaving
a setback from AlA of 22 feet 2" at the south portion of the lot
and 18 foot 2" to the north.
Requesting a variance to retain existing swimming pool that
encroaches two feet into the Coastal Construction Zone. This pool
is presently within state and Highland Beach ordinances, but .will
become non-conforming when present home is razed to erect new home
under Highland Beach Ordinance #632.
Chairman .Cohen stated for the record, that there was a Workshop
Meeting held on February 1, 1996 at which time the Board, Town
Attorney and Building Official visited the site. Because the
applicant was denied a request for a permit by the Building
Official, it was necessary for the petitioner to appear today, for
the Board to adjudicate this case.
The recording secretary attested to the public hearing notices, and
certified letters which were to be mailed out to the applicable
neighbors within 300 feet of said property.
Recording Secretary Jane Dillon swore in all who would be testify-
ing on behalf of this Petition.
Building Official Mr. Hardy presented an overview of the petition,
. stating that the request for a building permit was denied due to
the encroachment of the front setback and the pool.
• Board of Adjustment
Quarterly/Workshop Meeting
Februarv 20, 1996 Paae 2 of 4
Mr. Hardy did state that there was still adequate room for a
sizeable home without requesting a front setback variance.
Attorney Sliney inquired as to what other single family homes in
the Town had been granted front setbacks. Mr. Hardy mentioned the
Doppelt residence and the Dolphin Beach complex, which were located
in multiple family zoned districts and were required to sit back 40
feet. They were granted approval for 25 foot setbacks, as single
family homes would be built on the sites. Mr. Sliney inquired
further of Mr. Hardy, and Mr. Hardy confirmed that none of the
granted variances on those properties penetrated the 25 foot
setbacks.
Rex Nichols, architect, stressed the limited size of the Claney's
lot, and stated that the planned home of 6,200 square feet was a
modest size ocean front home compared to today's standard size
ocean front residences. He stated that the lot was a difficult
piece of property to work with as far as planning a home of
comfortable means. He stated that the prior Building Official
encouraged him to apply for a front setback variance, of no more
than 5 feet, because "it most likely would be approved." It was
noted this is an unconfirmed statement, as the former Building
• Official was not present to testify. Mr. Nichols felt the
limitation of property is a hardship in designing a modest size
home and being able to retain the existing pool.
Mr. Claney testified and specifically asked that the existing pool
be retained, since it was with the home at time of purchase, and
that he invested money and time with Tallahassee to obtain approval
in retaining the pool. He offered his reasons for requesting the
front setback, one being more room on the -back side of the home for
his young children to play.
Mr. Burd reminded Mr. Claney that the DOT has the authority to
widen AlA at their prerogative, and if they were to do this, it
could decrease the value of the property, along with creating
safety problems for his children.
Neighbor Terrence Lee of 3719 S. Ocean Blvd. encouraged the Board
to give approval on maintaining the existing pool, and felt the
front setback was a legitimate request. He mentioned that the
surrounding neighbors would like to petition the Town Zoning.
Commission to amend the front set backs from 25 feet to 20 feet for
all single family residences East of AlA.
Mr. Burd reminded Mr. Lee that the Town is restrained by the law.
Mr. Lee stated that he does not want to take a position on the
front setback requested by the Claneys but as property owners, the
neighbors have discussed the possibility of petitioning the Town
for a zoning change.
• Board of Adjustment
Quarterly/Workshop Meeting
Februarv 20, 1996 Pane 3 of 4
Neighbor Donald Rex of 3805 S. Ocean Blvd. stated that it would be
"unfair" to even question the fact of keeping the pool or not. He
stated that he saw no problem with the front setback request.
With no other speakers, the Public Hearing was closed.
Upon MOTION by MR. BURR/MR. LOVENTHAL the Board unanimously agreed
to DENY the requested variance for the front setback on AlA.
The following Vote was taken to DENY the front set-back.
Mr. Loventhal for
Mr. Selby for
Mr. Seguso for
Mr. B. Cohen for
Mr. Burd for
Mr. H. Cohen for
The following MOTION was made by MR. LOVENTHAL/MR. BURD:
• THE BOARD OF ADJUSTMENT APPROVES THE VARIANCE. TO RETAIN THE
EXISTING POOL, AND THAT THE BOARD FINDS THAT THE REQUIREMENTS OF
PARAGRAPH A, SECTION 11 OF THE ZONING CODE HAVE BEEN MET AND THAT
THE REQUIREMENTS OF SECTION 11, D, E AND F HAVE BEEN MET.
The following vote was taken to APPROVE the variance to retain the
existing pool.
Mr. Loventhal for
Mr. Selby for
Mr. Seguso for
Mr. B. Cohen for
Mr. Burd for
Mr. Cohen for
The next Quarterly Meeting will be held on Tuesday, April 9, 1996
at 9:30 A.M. where a complete review of procedures of the Board
will be discussed.
With no further business to come before the Board at this time,
MOTION was made to adjourn by MR. LOVENTHAL/MR. BURD at 10:20 A.M.
•
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• Board of Adjustment,
Quarterly/Workshop Meeting
Februarv 20, 1996 Page 4 of 4
APPROVE:
~'~ ~~
Harold B. Cohen, Chairman
_~
~~
Neil W. Burd, Vice Chairman
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Robert F. Selby
~'i~s ~~
. Benjam n Cohen .
Richard C. Seguso
_l ` ~~~~
D niel J. L venthal
ABSENT
James F. Niehoff
ATTEST : ~ C~~ ~'~i
DATE : ~' J= ~' ~
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