1997.02.11_BAA_Minutes_Regular3
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TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
PUBLIC HEARING
Tuesday February 11, 1997 9:30 A.M.
Chairman Neil W. Burd 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 Neil W. Burd, Vice-Chair Daniel J. Loventhal, Secretary
James F. Niehoff, Members Benjamin Cohen, Richard C. Seguso,
Victor P. Hadeed and new member Robert L. Lowe.
Town Manager Mary Ann Mariano, Town Attorney Tom Sliney and
Building Official James Du Vall were present, as well as members of
the general public.
PETITION NO. 01-96-58
Public Hearing for subject Petition was postponed to March 10, 1997
at 9:30 a.m., due to insufficient notification of residents within
300 feet of property.
PETITION NO. 01-96-59
• REQUEST SUBMITTED BY R.M. RANKIN FOR PROPERTY LOCATED AT
2474 S. OCEAN BLVD., BLOCK 1, LOT 127. SEEKING RELIEF
FROM TOWN CODE OF ORDINANCES CHAPTER 30, [ZONING],
SECTION 4.2, RESIDENTIAL SINGLE FAMILY (RS), PARAGRAPH
(e), LOT, YARD AND BULK REGULATIONS.
REQUIRED SIDE YARD SETBACK: TWELVE (12) FEET.
REQUESTING THE PRE-EXISTING BOATHOUSE AND GARAGE LOCATED ON
THE NORTH PROPERTY LINE BE ALLOWED TO REMAIN AS AN ACCESSORY
STRUCTURE TO THE NEW RESIDENCE.
All those who would be testifying on behalf of this petition were
sworn in.
Mr. Schilian, Attorney for the buyer, distributed the Contract for
Sale and Purchase and Vacant Land Contract which was drawn between
the Arnolds (buyer) and the Schuberts (seller.)
The meeting entailed lengthy discussion by both parties on
conflicting verbal agreements involving the existing boat basin
building. It was brought to the seller's attention that prior to
his subdividing his property, he should have come before the
Planning Board for approval to subdivide. Because he didn't, he
created a non-conforming situation, with the building now sitting
on the property line without a 12 foot setback. Mr. Schubert
claimed the Arnolds verbally agreed to remove the building at the
time of construction of their home; Attorney Schilian stated that
such agreement was not made.
• Board of Adjustment
Quarterly/Workshop Meeting
February 11, 1997 Paae 2 of 3
Although Mr. Schubert pointed out that he prepared an Addendum to
the original contract stating removal of the boathouse, pertinent
details of demolition were not clarified in the contract as he was
attempting to sell 35 feet North of boathouse to the Arnolds in
order to create a setback, and therefore the Arnolds would not need
to demolish it. The Board found the Contract to be lacking clear
language for removal of same, and therefore felt it did not uphold
to Mr. Schubert's demands.
The Board was reminded of the recently adopted ordinance
prohibiting boatbasins on properties of one acre or less, which
would now prohibit the owner to relocate the basin.
The Board heard from several members of the public, and concluded
the Public Hearing at 11:00 a.m. at which time deliberation began.
After discussion, the following MOTION was made by MR. LOVENTHAL/
MR. NIEHOFF.
THE BOARD OF ADJUSTMENT GRANTS PETITION NO. 01-97-59 FOR
VARIANCE SUBMITTED BY R.M. RANKIN FOR PROPERTY LOCATED AT
2474 S. OCEAN BLVD., LOT 127, BLOCK 1, SEEKING RELIEF
• FROM TOWN CODE OF ORDINANCES CHAPTER 30, SECTION 4.2,
RESIDENTIAL SINGLE FAMILY, PARAGRAPH (e), LOT, YARD AND
BULK REGULATIONS. THE BOARD HAS DETERMINED THAT ALL THE
FINDINGS NECESSARY IN SECTION 11 OF CHAPTER 30
SPECIFICALLY IN PARAGRAPHS A,D,E & F HAVE BEEN MADE.
The following rollcall vote was taken.
Robert L. Lowe aye
Victor P. Hadeed aye
James J. Niehoff aye
Richard C. Seguso aye
Benjamin Cohen aye
Daniel J. Loventhal aye
Neil W. Burd aye
With no further business to come before the board, MOTION to
adjourn was made by MR. LOVENTHAL/MR. BURD at 11:15 a.m.
• Board of Adjustment
Februarv 11, 1996 Pane 3 of 3
APPROVE:
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Neil W. Burd, Chairman
'el J. Lov nthal, V. Chair
Ber~-I amin Cohen
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Richard C. Seguso {{..//
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James F. Niehoff, 'ec.
ictor P. Hadeed
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