2002.02.27_BAA_Minutes_Regular
TOWN OF HIGHLAND BEACH
• BOARD OF ADJUSTMENT
PUBLIC HEARING
Wednesday February 27 2002 9:30 A.M.
Chairperson Barbara Kane called the Public Hearing to order in
Commission Chambers at 9:30 A.M.
Deputy Town Clerk Jane Dillon called the roll. Present were Chair
Barbara Kane, Vice-Chair Betty Jane Hofstadter, Sec. Joseph A.
Sarubbi, Rosalind Gatewood, Joseph S. Yucht, Barbara G. Eagel and
Merton Rubin. Also present were Attorney Thomas E.Sliney, Building
Official Bob Dawson and members of the general public.
Chairperson Kane stated that the Public Hearing was being held to
hear the following two Petitions for Variance. Recording secretary
noted that all requirements for publication and certified mailings
had been made, and swore in all who would be testifying.
NO. 01-02-69. REQUEST SUBMITTED BY KADO TUNDISI FOR PROPERTY
LOCATED AT 4112 SOUTH OCEAN BLVD., LOT 39; SEEKING RELIEF FROM TOWN
CODE OF ORDINANCES CHAPTER 30, [ZONING DISTRICTS]; SECTION 64
[PROPERTY DEVELOPMENT REGULATIONS]; TABLE 30-2.
REQUESTING: REDUCE FRONT SETBACK FROM 40 FEET TO 25 FEET AT EAST
• SIDE OF LOT. REDUCE SIDE SETBACK FROM 25 FEET TO 20 FEET AT SOUTH
SIDE OF LOT.
Representative for Mr. Tundisi presented variance request to the
board. Stating reasons for request, he noted that existing
building is 40+ years old, and in order to bring property up to the
standards of what is being constructed today, variance approval
would be necessary. A signed petition expressing approval of
project was discussed, with several residents speaking on behalf of
same.
After all questions were satisfactorily answered, the following
MOTION was made by MR. YACHT/MR. RUBIN:
VARIANCE REQUEST NO. 01-02-69: THE BOARD OF ADJUSTMENT AND APPEALS
GRANTS FINAL APPROVAL FOR PROPERTY LOCATED AT 4112 SOUTH OCEAN
BLVD., LOT 39; APPLICANT KADO TUNDISI. ALL FINDINGS AND CONDITIONS
WERE MET PURSUANT TO CHAPTER 30-40 OF THE TOWN CODE. SPECIAL
CONDITION: APPLICANT SHALL PLANT NO LESS THAN THREE (3) CANOPY
TREES AT SOUTH SIDE OF LOT AND BE APPROVED BY THE TOWN'S LANDSCAPE
CONSULTANT.
MOTION met with unanimous vote.
NO. 01-02-70. REQUEST SUBMITTED BY JEFF NORMAN FOR PROPERTY
LOCATED AT 4104 SOUTH OCEAN BLVD., LOT 44; SEEKING RELIEF FROM TOWN
• CODE OF ORDINANCES CHAPTER 30, [ZONING DISTRICTS]; SECTION 64
[PROPERTY DEVELOPMENT REGULATIONS]; TABLE 30-2.
•
•
•
Board of Adjustment
Februarv 27, 2002 Page 2 of 2
REQUESTING: A PARTIAL REDUCTION OF THE FRONT SETBACK FROM 40 FEET
TO 25 FEET.
Mr. Norman explained similarity to previous variance request. He
displayed a rendition of the duplex homes, and it was noted that
automobiles would need to back out onto AlA, which may be hazardous
due to the amount of traffic on roadway. It was suggested that a
3-point turnaround be incorporated into the driveway layout, of
which Mr. Norman was agreeable to.
After questions were answered, the following MOTION was made by
MRS. GATEWOOD/MR. SARUBBI:
VARIANCE REQUEST NO. 01-02-70: THE BOARD OF ADJUSTMENT AND APPEALS
GRANTS FINAL APPROVAL FOR PROPERTY LOCATED AT 4101 SOUTH OCEAN
BLVD., LOT 44; APPLICANT JEFF NORMAN. ALL FINDINGS AND CONDITIONS
WERE MET PURSUANT TO CHAPTER 30-40 OF THE TOWN CODE. SPECIAL
CONDITION: APPLICANT SHALL INCORPORATE A 3-POINT TURNAROUND IN
DRIVEWAYS FOR EASY ACCESS ONTO STATE ROAD AlA.
MOTION met with unanimous vote.
With no other business to come before the Board, MOTION to adjourn
was made by MR. SARUBBI/MRS. EAGEL at 10:15 a.m.
AP VE:
~~~ ~~
Barbara Kane, Ch.
Betty Jane; ofst d er, V.Ch.
A. aru~bybi, Sec.
(~'
Ro ~.,lind Gate od
Jose~Yi S/. Yuc
Barbara G. E1.z[gel O
Merton Rubin
Date:
Attest: ~/<(~- Uv~.
Board of Adjustment and Appeals __
Decision on Petition for Variance No 01-02-69 /L~/i~i~cSl` Page 2
•
SIGNATURES
WRITE "FOR" OR "AGAINST" PETITION
~ l ~. C~C.-~ ~ ~"7~5
Chai an, Barbara Kane
Vice a' Betty J ne Hofstadter
se,~dli A.) Sarubbi, Sec.
~~
lind Gatewood
JgE.~p17/ S . Ytldht
v ~
TIC'
Barbar Green latt Eagel
~~c~
G~~
Merton Rubin
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 AND APPEALS, MAY, WITHIN
THIRTY (30) DAYS AFTER RENDITION OF THE DECISION OF THE BOARD OF
ADJUSTMENT AND APPEALS, APPLY TO THE CIRCUIT COURT OF PALM BEACH
COUNTY, FLORIDA, FOR JUDICIAL REVIEW PURSUANT TO FLORIDA STATUTE
163.250.
•CC: BUILDING OFFICIAL
• BOARD OF ADJUSTMENT AND APPEALS
DECISION ON PETITION FOR VARIANCE
Petition No. 01-02-70 Public Hearing Date__ Feb. 27, 2002
Town Code _ Chapter 30, Article IV Section 64 Table 30-2
Petitioner JHN Properties, Inc. / Jeff Norman
Property Address 4104 South Ocean Blvd., Lot 44
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 variance be granted [)c ]; denied [ ]; granted subject to the
following conditions and safeguards [ ]:
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.
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.
Chapter 30 Zoning Code/Article III; Sec.30-40(h): A variance, when
implemented in accordance with the approval granted by the Board of
Adjustment and Appeals, shall run with the land in perpetuity. Unless a
lesser time is approved by the Board of Adjustment and Appeals, a variance
that is not implemented shall expire eighteen (18) months following approval.
Extensions of variance approvals shall not be granted by the Board of
.Adjustment and Appeals.
Board of Adjustment and Appeals
Decision on Petition for Variance No. 01-02-70 ~7~/'yY(fi~ Page 2
•
SIGNATURES
WRITE "FOR" OR "AGAINST" PETITION
~~ ~~~
Chairman, Barbara ane
~~
Vice Ch i Betty J e Hofstadter
C
J S. Yuc
Q ~ ~~~~/
Barbara Gree att Eagel
Merton Rubin
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 AND APPEALS, MAY, WITHIN
THIRTY (30) DAYS AFTER RENDITION OF THE DECISION OF THE BOARD OF
ADJUSTMENT AND APPEALS, APPLY TO THE CIRCUIT COURT OF PALM BEACH
COUNTY, FLORIDA, FOR JUDICIAL REVIEW PURSUANT TO FLORIDA STATUTE
163.250.
•CC: BUILDING OFFICIAL