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1999.06.09_BAA_Minutes_Regular (2) • PUBLIC NOTICE TOWN OF HIGHLAND BEACH BOARD OF ADJUSTMENT PUBLIC HEARING • Wednesday, June 9, 1999 1:30 P.M. Chairman James F. Niehoff called the Public Hearing to order in Commission Chambers at 1:30 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. Recording Secretary stated that all requirements for subject Public Hearing have been met, and swore in all who would be testifying. NO. 05-99-62. REQUEST SUBMITTED BY ROBERT C. PATEK, FOR PROPERTY LOCATED AT 4217 S. OCEAN BLVD., TO CONSTRUCT A RAISED BALCONY/PATIO OFF THE NORTH BREAKFAST ROOM, REDUCING THE SIDE YARD SETBACK. SEEKING RELIEF FROM TOWN CODE OF ORDINANCES CHAPTER 30 [ZONING], RML SECTION 4.3(e)(5) (LOT, YARD, AND BULK REGULATIONS.) REQUIRED SIDE YARD SETBACK: TWENTY (20) FEET FOR A TWO STORY HOME. REQUESTING: A VARIANCE TO CONSTRUCT A RAISED BALCONY/PATIO OFF THE NORTH SIDE BREAKFAST ROOM SLIDER WHICH IS APPROXIMATELY SIX (6) FEET ABOVE GRADE. THE SIDE YARD SETBACK WOULD BE REDUCED FROM THE REQUIRED TWENTY (20) FEET TO TWO (2) FEET AT THE BALCONY/PATIO. EXISTING RESIDENCE IS AT A TWELVE (12) FOOT SETBACK. Mr. Patek presented his petition to the Board, stating that subject sliders are 4 feet above grade and that he would like to construct a balcony/patio off sliders for safety reasons, and for use of the sliders and outside space. Mr. Anderson, V.P. of Boxwood who was present in the audience, stated that he and other residents of Boxwood have no objection to the proposed patio, but did state that he would like the 3 foot wall on the patio raised. Mr. Patek had no objection to this request, and discussion resolved raising the proposed 40" wall to 72" (6 ft) It was also discussed that a gas grill only would be used. As there was no further discussion from the public, Chairman Niehoff closed the Public Hearing, at which time the Board had discussion and the following MOTION was made by MR. KANE/MR. HADEED: • h_ y s w • Board of Adjustment Public Hearinct June 9, 1999 THE BOARD OF ADJUSTMENT GIVES APPROVAL FOR VARIANCE SUBMITTED BY ROBERT C. PATER FOR PROPERTY LOCATED AT 4217 S. OCEAN BLVD., TO CONSTRUCT A RAISED BALCONY/PATIO OFF THE NORTH BREAKFAST ROOM, WITH THE CONDITION THAT THE PROPOSED 40" WALL ON PATIO BE RAISED TO 72" (6 FT), AND THAT THE GRILL BE GAS ONLY. THE BOARD HAS FOUND THAT REQUIREMENTS OF PARAGRAPH A, SECTION 11, HAVE BEEN MET, AND THAT THE REQUIREMENTS OF SECTION 11 (d)(e)&(f) HAVE BEEN MET . The following rollcall vote was taken: Mr. Leng yes Mrs. Kane no Mrs. Hofstadter yes Mrs. Friedenreich no Mr. Bell yes Mr. Hadeed yes Mr. Niehoff yes Motion met with a 5/2 vote to APPROVE variance. With no further business to come before the Board, MOTION to • adjourn was made by MR. LENG/MR. BANE at 1:55 p.m. APPROVE: James F. Niehoff, Ch. Horace Leng, Jr. Victor P. Hadeed, V. Ch. -~-~~~ Leonard D. Bell Betty J e Hofsta ter • Barbara Kane ~ ~ ~ ~ ~-~.-e, , ~- ~ -~ Catherine Friedenreich ATTEST: DATE: