1999.06.30_BAA_Minutes_RegularC:
PUBLIC NOTICE
TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
PUBLIC HEARING
Wednesdav, June 30. 1999 3.00 P M
Chairman James F. Niehoff called the Public Hearing to order in
Commission Chambers at 3:00 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, Horace Leng, Betty Jane Hofstadter and Catherine
Friedenreich. Barbara Kane was absent. 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. 06-99-64: REQUEST SUBMITTED BY ROBERT EISEN, ESQ., AGENT FOR
OWNER BEL LIDO, L.C. FOR PROPERTY LOCATED AT 4325 TRANQUILITY
DRIVE. NEW SINGLE FAMILY RESIDENCE CONSTRUCTED AT THIS SITE
ENCROACHES THE SOUTH SETBACK BY 1.4 FEET, DUE TO SURVEYORS ERROR.
. RESIDENCE IS 98% COMPLETE. REQUESTING RELIEF FROM CHAPTER 30, 4.2
(e)(5), LOT, YARD AND BULK REGULATIONS.
REQUIRED: SIDE YARD SETBACK: TWELVE (12) FEET
REQUESTING: A VARIANCE TO REDUCE THE SOUTH SIDE YARD FROM 12 FEET
TO 10.6 FEET FOR A REDUCTION OF 1.4 FEET (1 FOOT, 4.8 INCHES.)
Mr. Dawson stated that the variance requested is due to a surveyors
error, of which Mr. Eisen stated that original survey was done
showing correct location of where structure was to be built. After
the home was started, a second survey indicated that the foundation
was placed 1.4 feet off scale, creating a 13 foot setback on the
north side of the home and an 11 foot setback on the south side of
the home. Mr. Eisen stated that as the subject side of house juts
in and out, only 4 points are affected as the encroachment sites.
Several residents spoke, and while acknowledging that nothing can
be done now, asked that this not occur again. It was noted that
being a surveyor's error, no one would be aware of a situation of
this type. It was noted that a hardship was established in this
case.
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. HADEED/MR.
BELL:
• Board of Adjustment
Public Hearing June 30, 1999
THE HOARD OF ADJUSTMENT GRANTS VARIANCE SUBMITTED BY
ROBERT EISEN, ESQ., AGENT FOR OWNER BEL LIDO, L.C., FOR
PROPERTY LOCATED AT 4325 TRANQUILITY DRIVE, AND THAT
PARAGRAPH A, SECTION 11 OF THE ZONING CODE, AND SECTION
11 d, e, & f HAVE BEEN MET.
MOTION met with a unanimous rollcall vote.
With no further business to come before the Board, MOTION to
adjourn was made by MR. LENG/MRS. FRIEDENREICH at 3:30 p.m.
APPROVE:
~ •~~
James Niehoff, C-h - Horace Leng, Jr.
,Q..~ ~/Lt~~'~%(/2-CAL'" V
Victor P. Hadeed, V. Ch. - Catherine Friedenreich
C
Leonard D. Bell
G~{ot~
Betty Jan Hofstad r
absent ATTEST:
Barbara Kane DATE:
•