1999.06.09_BAA_Minutes_Regular~ t
• PUBLIC NOTICE
TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
PUBLIC HEARING
Wednesdav, June 9, 1999 2:30 P.M.
Chairman James F. Niehoff called the Public Hearing to order in
Commission Chambers at 2:30 P.M.
Deputy Town Clerk Jane Dillon called the roll. Present were
Chairman James F. Niehoff, Vice Chair Victor P. Hadeed and Members
Leonard Bell, Barbara Kane, Horace Leng, Betty Jane Hofstadter and
Catherine Friedenreich. Town Attorney Thomas Sliney, Building
Official Bob Dawson and members of the general public were present
as well.
Chairman Niehoff read the following Petition into the record:
NO. 05-99-63. REQUEST SUBMITTED BY EVELYN KROLL FOR PROPERTY
LOCATED AT 4201 S. OCEAN BLVD., TO DEMOLISH EXISTING RESIDENCE AND
CONSTRUCT A NEW SINGLE FAMILY RESIDENCE. SEEKING RELIEF FROM TOWN
CODE OF ORDINANCES CHAPTER 30 [ZONING], SECTION 13.7 (b) (BUILDING
HEIGHT EAST OF AlA.)
• REQUESTING: A VARIANCE TO CONSTRUCT A SINGLE FAMILY HOME AT A
GREATER OVERALL HEIGHT THEN IS ALLOWED BY TOWN CODE.
Recording Secretary stated that all requirements for subject Public
Hearing have been met, and swore in all who would be testifying.
Building Official Robert Dawson stated that subject project does
not fall within the parameters of required height restrictions,
according to Town code.
There was lengthy discussion as to what is considered the
foundation level, therefore determining where the height of the
structure would be measured from. Building Official stated it to
be the garage floor, which would be dug into the dune, while
applicant claims the first habitable floor (on top of dune), is
considered the foundation, as the garage floor needs to be "break-
a-way" walls, a requirement from the DEP due to the CCL being moved
westerly several years ago and maintaining that the garage is
therefore not considered a permanent foundation. The height of the
proposed home would be 51 ft. Applicant states hardship as being
that the DEP changed their regulations, and will not approve a
foundation below dune, as it must be break-a-way construction.
Mr. Kottler stated that several other homes have been approved
outside the scope of the height restrictions, of which he read into
the record as being: 3907, 4001, 4019, 4111 and 4011 - all South
• Ocean Blvd. Jim Barry, 4011 was just recently approved by the
Planning Board, and photos of the additional four are available
-_
• Board of Adjustment
Public Hearing June 9, 1999
with application. Mr. Dawson was asked how these homes were
approved, of which he stated that they were approved via other
building officials who interpreted the code in different ways. The
Barry home he made a mistake on with interpretation of the code.
Mr. Kottler referenced Chapter 163 of the Florida State Code which
states that Town Codes be consistent with codes submitted by the
State, and that he has DEP's approval for project.
Mr. Kottler expressed concern regarding the steep slope of the
driveway should the garage have to be built on the dune. Mr.
Dawson suggested a side entry garage, allowing for a longer,
swing-around drive.
Several residents in attendance spoke against the project stating
objection to other "high" homes; destroying dune; granting too many
variances.
Applicant felt they should be allowed to construct a home as other
similar ones in the area which were approved and built higher than
town code permits. If not approved, the Town wold be creating
"spot" zoning. Mr. Sliney disagreed with this statement, as "spot"
zoning implys allowing commercial zoning within a residential area,
. of which the Town has not done.
With no further public comments, Chairman Niehoff closed the Public
Hearing and asked for discussion from the Board.
Chairman stated that although there have been errors made with
previous homes, that does not set a precedent to allow this home to
be constructed outside the scope of Town Code.
After discussion and all questions answered satisfactorily, the
following MOTION was made by MRS. BANE/MR. BELL:
THE BOARD OF ADJUSTMENT GRANTS REQUEST SUBMITTED BY
EVELYN RROLL FOR PROPERTY LOCATED AT 42 O 1 S . OCEAN BLVD . ,
TO DEMOLISH EXISTING RESIDENCE AND CONSTRUCT A NEW SINGLE
FAMILY RESIDENCE. THE BOARD FINDS THE REQUIREMENTS OF
PARAGRAPH A, SECTION 11 HAVE BEEN MET, AND THE
REQUIREMENTS OF SECTION 11 (d)(e)&(f) have been met.
The following rollcall vote was taken:
Mrs. Friedenreich yes
Mr. Leng no
Mrs. Kane no
Mrs. Hofstadter no
Mr. Bell yes
• Mr. Hadeed (not present to vote)
Mr. Niehoff no
.'_ ...,
Board of Adjustment
• Public Hearing June 9 1999
With a 4/2 vote, Petition for Variance was DENIED.
With no further business to come before the Board, MOTION to
adjourn was made by MR. LENG/MRS. BANE at 4:10 p.m.
APPROVE:
~~ ~. c ~ a
James F. Niehoff, Ch.
Victor P. Hadeed, V. Ch.
~.
Leonard D. Be 1
{ ~ ~ ~~
Betty a~Ie Hofs'tat~'ter
Barbara Kane
Horace Leng, Jr.
C`
,_
Catherine Friedenreich
ATTEST:
DATE:
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