1999.04.13_BAA_Minutes_Regular~. t
• PUBLIC NOTICE
TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
PUBLIC HEARING
T. ~ ~<'S
Tuesday April 13 1999 9--3.6' A.M.
Chairman James F. Niehoff called the Public Hearing to order in
Commission Chambers at 9:45 A.M.
Deputy Town Clerk Jane Dillon called the roll. Present were
Chairman James F. Niehoff, Vice Chair Victor P. Hadeed and Members
Betty Jane Hofstadter, Barbara Kane and Horace Leng. Leonand Bell
was absent. Also present was Town Attorney Thomas Sliney and
members of the general public.
PETITION NO. 03-99-61. REQUEST SUBMITTED BY MR. & MRS. STUART
DOPPELT, FOR PROPERTY LOCATED AT 3615 S. OCEAN BLVD., TO RAISE
EXISTING SITE WALL THREE (3) FEET, AS WELL AS EXTENDING SUBJECT
WALL EASTERLY BY FIFTEEN (15) FEET. SEEKING RELIEF FROM TOWN CODE
OF ORDINANCES CHAPTER 30 [ZONING], (SECTION 5.1(a)(2) (FENCES,
WALLS AND HEDGES.)
REQUIRED HEIGHT: 6 FEET; WALL SHALL NOT EXCEED 6 FEET IN HEIC~IT'
ALONG SIDE PROPERTY LINE AS MEASURED FROM THE LOWEST ELEVATION
ADJOINING THE WALL ON EITHER SIDE.
REQUESTING: A VARIANCE TO BUILD A PRIVACY WALL TO A HEIGHT OF SIX
FEET AS VIEWED FROM NEIGHBOR'S SIDE; 9 FEET FROM APPLICANT'S SIDE;
AS NEIGHBOR'S GRADE WAS RAISED 3 FEET ABOVE ADJACENT P R O P E R T Y
GRADE, CREATING THE EXISTING 6 FOOT PRIVACY WALL TO BECOME A 3
FOOT HIGH PRIVACY WALL.
REQUESTING: EXTENDING SUBJECT PRIVACY WALL EASTERLY BY FIFTEEN (15)
FEET AT THE REQUESTED NINE (9) FOOT HEIGHT.
Daniel Diamond, representative for applicant, stated their desire
for privacy on their property which was lost due to 3 foot raised
elevation of the north neighbor's property, and that raised
elevation has created an erosion problem due to water running off
the raised deck of the north neighbor onto applicant's property.
Board Chair stated that this was the first the Board had heard of
an erosion problem.
Attorney Michael Green was present, with representation for the
subject neighbor, Lynn Tilton of 3575 S. Ocean Blvd. stating that
Ms. Tilton purchased the home during construction with elevation
already in place by the builder. Mr. Green showed a rendition of
the area affected if the wall were raised, stating the view of the
• ocean to the South would be completely blocked. Ms. Tilton
approached the podium and stated that she purchased the home as
• Board of Adjustment Public Hearing
April 13, 1999 Paae 2 of 3
designed, for it's view of the ocean; that she travels all week; is
there only on weekends and has no interest in "looking at" her
neighbors.
Chairman Niehoff suggested the Board make a site visit viewing the
situation from Ms. Tilton's property. Chairman Niehoff recessed
the meeting at 10:20 for subject visit.
The Board reconvened at 10:35 whereby further discussion ensued.
Mr. Diamond again stated the applicant's request for a raised wall
for privacy reasons. Mrs. Doppelt stated her desire for said
privacy, and when asked why she didn't object to the elevation when
home was being built, she stated that she came to town hall to see
the plans, only to be told that they were not available for
viewing.
After further discussion, the following Motion was made by Mr.
Bell/Chair Niehoff:
THE BOARD OF ADJUSTMENT GRANTS THE PETITIONER THE RIGHT
TO RAISE SUBJECT WALL THREE ( 3 ) FEET, TO A NINE ( 9 ) FOOT
HEIGHT AND CONCURS THATCH. 30, SEC. 11 (d,e,f) HAS BEEN MET.
The following Roll Call vote was taken:
Mr. Bell yes
Ms. Hofstadter no
Ms. Kane no
Mr. Leng no
Mr. Hadeed no
Chairman Niehoff yes
Motion was DENIED by a 4/2 vote.
The following Motion was made by Mr. Hadeed/Mrs. Hofstadter:
THE BOARD OF ADJUSTMENT DENIES EXTENDING PRIVACY WALL
EASTERLY BY FIFTEEN (15) FEET AT THE REQUESTED NINE (9)
FOOT HEIGHT.
The following Roll Call vote was Taken:
Mr. Leng yes
Ms. Kane yes
Ms. Hofstadter yes
Mr. Bell yes
Mr. Hadeed yes
Chairman Niehoff yes
~- Motion was PASSED by a 6/6 vote, DENYING extension of wall.
Board of Adjustment Public Hearing
April 13, 1999 Page 3 of 3
With no further business, MOTION to adjourn was made at 10:50 a.m.
APPROVE:
~~~,~~aa ~ ~ ~~~~f
James F. Niehoff, C .
Victor P. Hadeed, V. Ch.
Barbara Kane
Robert L. Lowe
eonard D. Bell
Betty Jan Hofstadter
Horace Leng, Jr.
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ATTEST : ~'.~-~' ~ -~ _' ~~
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DATE : / _ ~~' ~ ~ j