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1998.01.06_BAA_Minutes_Regular • TOWN OF HIGHLAND BEACH BOARD OF ADJUSTMENT PUBLIC HEARING Tuesdav, Januarv 06 1998 9 30 A M Vice 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 Vice Chairman Neil W. Burd, Members James J. Niehoff, Victor P. Hadeed, Robert L. Lowe, Leonard D. Bell, Betty Jane Hofstadter and Barbara Kane. Also present was Town Attorney Thomas Sliney, Building Official Bob Dawson and members of the general public. NEW BUSINESS PETITION NO. 12-97-60. REQUEST FOR VARIANCE SUBMITTED BY MR. KEN ADAMS (APPLICANT/OWNER}, FOR PROPERTY LOCATED AT 4201 INTRACOASTAL DRIVE, LOT 27, BLOCK 4, FOR CONSTRUCTION OF A BOAT DOCK IN PROTECTED AREA. SEEKING RELIEF FROM TOWN CODE OF ORDINANCES CH. 30 (ZONING); SECTION 5.2(d); NON COMMERCIAL DOCKS, PIERS, LAUNCHING FACILITIES AND MOORING DEVICES. REQUESTING: REQUIRED 25 FOOT SETBACK BE WAIVED AND ALLOW PROPOSED DOCK TO BE CONSTRUCTED AT PROPERTY LINE. Chairman Burd explained the process the Board follows in hearing a Petition at a Public Hearing. Recording Secretary swore in all those who would be testifying in this matter, noted that required advertisements were published and that Petitioner notified required residents within 300 feet of subject property by certified mail. Mr. Duvall stated that a permit had not been issued to Mr. Adams due to his plans not having met code setback requirements. Mr. Adams replied to Chairman Burd that his hardship is the extremely high expense which he would incur should he have to place a "boat lift" at the north side of the seawall rather than the lesser expense of placing a dock at property line at the east side; also the wear on his. boat if he was to place a dock at the North side rather than installing a lift. There was lengthy discussion regarding other docks in the area, boat sizes, width of canals, etc. Neighbor Barbara Stergiades of 4205 Intracoastal Drive spoke on behalf of herself and her husband, expressing concern not with the requested petition, but should the property change hands in the future, might there be a problem with a new neighbor encroaching on their property with a larger boat. Board of Adjustment • Quarterly/Workshop Meeting Januarv 06, 1997 Page 2 of 2 Attorney Sliney quoted several case studies of what "hardship" entails. Chairman Burd closed the Public Hearing at 10:00 a.m. and discussion followed, with the following MOTION being made by MR. NIEHOFF/MRS. KANE: THE BOARD OF ADJUSTMENT DENIES REQUEST FOR VARIANCE SUBMITTED BY MR. KEN ADAMS FOR PROPERTY LOCATED AT 4201 INTRACOASTAL DRIVE, LOT 27, BLOCK 4, FOR CONSTRUCTION OF A BOAT DOCK IN PROTECTED AREA. Rollcall met with unanimous vote to DENY Petition MOTION to adjourn was made by CHAIRMAN BURR at 10:10 a.m. APPROVE: Neil W. Burd, Chairman James F. Niehoff, ec. Victor P. Hadeed ., ..t Robe~1 L . Lowe Leonard D. Bell i~ Betty j Hofstadte --". ~'L-- ~_. Barbara Kane ATTEST : L~'x~' ! ,% DATE : ~ ~C~ ~ C ,~ ~. • • r 1 LJ BOARD OF ADJUSTMENT DECISION ON PETITION FOR VARIANCE Petition No. 12-97-60 Dated Januarv 6, 1998 Town Code Ch.30, Section 5.2 (d) Public Hearing Date January 6, 1998 Petitioner Ken Adams (owner) 4201 Intracoastal Drive, Lot 27, Block 4 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 variances 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. ~ 1 ~ • • Board of Adjustment Decision on Petition for Variance No 12-97-60 Page 2 •7nless 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 WRITE "FOR" OR "AGAINST" VARIANCE ~ ~ ~~ Chairman, Neil W. Burd James F. Niehoff, Sec. ~~~ Victor P. Hadeed `7 .r ~W ; Betty J ne! ofstadter - Barbara Kane ~~~~~~ in ~~w~-~ Gj ~/ 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 •