2003.05.02_BAA_Minutes_Regular! 1
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TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
PUBLIC HEARING
Fridav, Mav 2, 2003 9 30 A M
Chairperson Barbara Kane called the Workshop Meeting to order in
Commission Chambers at 9:30 A.M.
Deputy Town Clerk Jane Dillon called the roll. Present were
Chairperson Kane, Vice-Chair Betty Jane Hofstadter, Secretary
Joseph A. Sarubbi and members Joseph Yucht, Barbara Eagel and
Merton Rubin and Rosalind Gatewood. Also present were Attorney
Thomas E.Sliney, Building Official Bob Dawson and members of the
general public.
Chairperson Kane read into the record the following variances which
would be heard today. Anyone who would be testifying was sworn in.
NO. 04-03-73. REQUEST SUBMITTED BY CASUARINA
CONDOMINIUM ASSOCIATION FOR PROPERTY LOCATED AT 3450 S.
OCEAN BLVD.; SEEKING RELIEF FROM TOWN CODE OF ORDINANCES
CHAPTER 30, ARTICLE IV [ZONING DISTRICTS]; SECTION 30-68
(P) (2) a.
REQUESTING: RELIEF FROM (2)a; "A CANOPY SHALL BE ATTACHED
• ONLY TO A PRINCIPAL STRUCTURE." APPLICANT REQUESTS TO
CONSTRUCT A FREE STANDING CANOPY ON POOL DECK, NOT
ATTACHED TO ANY STRUCTURE.
Deputy Town Clerk swore in all who would be testifying, and
attested that all criteria had been met as far as publication of
meeting and notification to appropriate residents with area of
subject condominium.
Jack Glazer, President of Casuarina stated that due to health
problems that several of the condo residents suffer from, a covered
area to escape the hot sun is necessary. He also noted that when
the building was constructed, it was within the plans to erect a
canopy, as the pool area was designed to accommodate one, yet the
project was never completed due to financial problems of the
builder. He also noted that several other condominiums in town
currently have free standing canopies.
Mr. Sliney stated that the ordinance disallowing a free standing
canopy was made strictly for disallowing a canopied carport. Its
intention was not to disallow pool canopies.
After discussion, the following MOTION was made by MR. YACHT/MR.
SARUBBI:
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Board of Adjustment
Public Hearing ~ Page 2 of 2
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THE BOARD OF ADJUSTMENT GRANTS FINAL APPROVAL FOR
PLACEMENT OF A FREESTANDING POOL CANOPY FOR PROPERTY
LOCATED AT 3450 S. OCEAN BLVD; APPLICANT: CASUARINA
CONDOMINIUM ASSOCIATION. ALL FINDINGS AND FACTS WERE MET
PURSUANT TO TOWN CODE.
MOTION met with unanimous rollcall vote.
With no further business to come before the Board, MOTION to
adjourn was made by MR. SARUBBI/MR. RUBIN at 9:50 a.m.
APPROVE:
Barbara Kane, Ch.
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Barbara G. bagel
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Merton Rubin
Attest
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Betty ane~u ofstadte3'; V.Ch.
BOARD OF ADJUSTMENT AND APPEALS
• DECISION ON PETITION FOR VARIANCE
Petition No. 04-03-73 Public Hearing Date May 2, 2003 _
Town Code Chapter 30 Article IV Section 30-68 (P) (2) a. _
Petitioner Casuarina Condominium Association
Property Address 3450 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 variance be granted l~]; denied L l; granted subject to the
following conditions and safeguards L ]:
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.
~. 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.
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Board of Adjustment and Appeals
Decision on Petition for Variance No. 04-03-73 Pa e 2
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SIGNATURES
WRITE "FOR" OR "AGAINST" PETITION
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G`''am
C irman, Barbara Kane
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Vice Chair, Betty Jane Hofstadter
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Jcy~~ph ~. Yuch
Barbara Gree~tlilatt Eagel
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Merton Rubin
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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