2000.06.28_BAA_Minutes_Regular~, • •
• TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
PUBLIC HEARING
Wednesday, June 28, 2000 9:30 A.M.
Chairman James F. Niehoff called the Public Hearing to order in
Commission Chambers at 9:30 A.M.
Deputy Town Clerk Jane Dillon called the roll. Present were
Chairman James F. Niehoff, Vice-Chair Victor P. Hadeed, Leonard
D.Bell, Betty Jane Hofstadter, Barbara Kane, Catherine Friedenreich
and Rachael Scala-Pistone. Also present were Town Attorney Thomas
E.Sliney and Building Official Bob Dawson. Chairman Niehoff
welcomed new Board Member Rachael Scala-Pistone.
Chairman Niehoff stated that this workshop meeting was to hear the
following Petition for Variance:
NO. 05-00-66. REQUEST SUBMITTED BY ARTHUR KAYE FOR PROPERTY
LOCATED AT 2624 SOUTH OCEAN BLVD., TO DEMOLISH EXISTING RESIDENCE
AND CONSTRUCT A NEW SINGLE FAMILY HOUSE. SEEKING RELIEF FROM TOWN
CODE OF ORDINANCES CHAPTER 30 [ZONING]; SECTION 4.2 (e) LOT, YARD,
AND BULK REGULATIONS, AND SECTION 5.2(b)(2) POOLS AND POOL DECKS.
REQUESTING: REDUCE REQUIRED FRONT YARD SETBACK FROM 25 FEET TO 15
• FEET; REDUCE REQUIRED SIDE YARD SETBACK FROM 12 FEET TO 9 FEET;
REDUCE REQUIRED REAR YARD SETBACK FROM 20 FEET TO 17 FEET;
REDUCE REQUIRED POOL SETBACK FROM REAR PROPERTY LINE FROM 10 FEET
TO 2 FEET; REDUCE REQUIRED POOL SETBACK FROM SIDE PROPERTY LINE
FROM 10 FEET TO 8 FEET;
INCREASE MAXIMUM BUILDING HEIGHT FROM 30 FEET TO 35 FEET.
Recording Secretary confirmed publication of Public Hearing and
confirmation of mailed receipts to all residents within 300 feet of
subject property. Recording Secretary swore in all who would be
testifying.
Attorney Scott Elk, representative for Mr. Kaye, presented the
Petition to the Board, noting the following:
- This Petition is not a self-imposed hardship, as property carries
special circumstances (long, narrow lot), and existing house is
non-conforming with current code.
- Existing house not consistent with current surrounding houses.
- Lot needs to support a structure sufficient to its value.
- Front setback request consistent with the Kokinakos variance
approval (property to the South).
After view of plans, and questions answered, the Chairman opened
• questions to the Public. Several Residents from Carlton House,
along with Roger Dey, Manager of Carlton House, spoke in opposition
to Petitioner's request, noting height in particular. Chairman
• •
• Board of Adjustment Public Hearing
June 28, 2000 Paae 2 of 3
Niehoff read into the record, a letter from a Carlton Resident
which was received by the Board, opposing requested Petition. Mr.
Dey also presented additional correspondance from Carlton residents
in opposition of subject Petition. (Letters made a part of
Petitioner's File.)
There was lengthy discussion regarding the requested height, with
hardship being claimed by Petitioner that height increase would
make house asthetically in conformance with other newer houses in
area. It was noted that the Town Commission is currently in the
process of reviewing a new proposed Chapter 30, Town Zoning Code,
which if approved, will allow a 35 ft. maxium height limitation.
Petitioner was asked if it was preferable to him to have the height
voted up or down at this hearing, or have the Board's decision
postponed until Proposed Zoning Code is approved or not by Town
Commission. If not approved, Petitioner may come back before the
Board to have height portion of his petition re-reviewed. If
approved, he would be in conformance with new code and may go forth
with plans. Petitioner expressed a time factor due to a potential
buyer, with preference that the Board would approve 35 foot height
at today's hearing, but a postponement would be more agreeable than
a quorum NO vote.
• After further discussion the following MOTION was made by MR.
HADEED/MR. BELL:
THE BOARD OF ADJUSTMENT GRANTS FINAL APPROVAL FOR FRONT
YARD, SIDE YARD, REAR YARD AND POOL SETBACKS, FOR
PROPERTY LOCATED AT 2624 S. OCEAN BLVD. BOARD FINDS
REQUIREMENTS OF SECTION 11, PARAGRAPH (A), (d, e, & f)
HAVE BEEN MET.
THE BOARD OF ADJUSTMENT POSTPONES PETITIONERS REQUEST FOR
INCREASE IN MAXIMUM BUILDING HEIGHT TO 35 FEET.
It was noted that if the Town Commission approves Proposed Chapter
30 Zoning Code, allowing a 35 foot height limitation, Petitioner
may withdraw subject portion of his Petition for requested height.
The following Rollcall vote was taken.
Mrs. Pistone Yes
Mrs. Kane No
Mrs. Hofstadter Yes
Mr. Bell Yes
Mr. Hadeed Yes
Mr. Niehoff Yes
• MOTION PASSED with a 5/1 vote.
(Mrs. Friedenreich left meeting early and was absent for vote.)
• •
Board of Adjustment Public Hearing paste 3 of 3
. June 28 2000
With no further business to come before the Board, MOTION to
adjourn was made by MRS. KANE/MR. HADEED at 10:38 a.m.
APPROVE:
James F. Niehoff, Ch.
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Victor P. Hadeed, V. C .
.,
Leonard D. Bell
Rachael Scala-Pistone
ATTEST:
G%lG.e~
Betty Ja Hof s a ter
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Barbara Kane, Sec.
Catherine Friedenreich
DATE:
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Town of Highland Beach
3614 SOUTH OCEAN BOULEVARD • HIGHLAND BEACH, FLORIDA 33487
561-278-4548
Palm Beach County, BAD OF ADJUSTMENT FAX 561-265-3582
Mayor:
Thomas J. Reid
Vice Mayor:
Michael W. Hill
Commissioners:
John J. Sorrelli
Paul R. Kane, Sr.
Robert L. Lowe
Town Manager.
Ben Saag
DECISION ON PETITION FOR VARIANCE
Petition No. 05-00-66 Dated July 18, 2000
Town Code Chapter 30 Public Hearing Date June 28, 200
Petitioner Arthur Kaye
Property At: 2624 S. Ocean Blvd.
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 [ X ]: The Board granted requested
Front, Side, Rear and Pool setbacks. Board postponed decision on Height
request, due to the possibility of the Towa Commission approving Proposed
• Chapter 30 Zoning Code, which would allow a 35 foot height limitation.
Should the Town Commission not approve subject code, Applicant may come back
before the Board with height request.
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.
"Tree City U.S.A."
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Board of Adjustment
Decision on Petition for Variance No. 05-00-66 Paae 2
• 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.
Unless 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" PETITION
Front.Side.Rear.Pool Hei ht
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Chairman, James F. Niehoff
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c P. Hadeed, Vice Chair
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onard D. Bell
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• Betty ,J7a e Hof sta ter
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Barbara Ka
(absent for vote) ---- -- -
Catherine Friedenreich
Rachael Scala-Pistone
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ATTEST : ~ ---~~~' DATE : / L ~
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
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