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2005.11.01_BAA_Minutes_Workshop~:'~ 3 ' r • • TOWN OF HIGHLAND BEACH BOARD OF ADJUSTMENT AND APPEALS PUBLIC HEARING/WORKSHOP MEETING Tuesday November 1 2005 9:30 A.M. Member Joseph Yucht called the Workshop Meeting to order in Commission Chambers at 9:30 a.m. Deputy Town Clerk Jane Dillon called the roll. Present were Joseph Yucht, Michael Hill, Jack Halpern, Peter Corrales and Barbara Eagel. Chairman Joseph Sarubbi and Vice Chair Merton Rubin were absent. Also in attendance was Building Official Bob Dawson and Town Attorney Tom Sliney. Mr. Yucht noted that this was a Public Hearing to hear the following variance: NO. 05-05-89: REQUEST SUBMITTED BY ODED MELTZER, FOR PROPERTY LOCATED AT 3511 S. OCEAN DRIVE. OWNER: FLORCAN DEVELOPMENT, LLC. SEEKING RELIEF FROM TOWN CODE OF ORDINANCES CHAPTER 30, ARTICLE IV [ZONING DISTRICTS]; SECTION 64 [PROPERTY DEVELOPMENT REGULATIONS]; TABLE 30-2. REQUESTING: INCREASE BUILDING HEIGHT FROM 35 FT TO 40 FT. SEEKING RELIEF FROM TOWN CODE OF ORDINANCES CHAPTER 30, ARTICLE IV [ZONING DISTRICTS]; SECTION 68 [SUPPLEMENTAL DISTRICT REGULATIONS]; (u)(4)(e)(1); OBSERVATION DECKS AND WIDOW'S WALKS. REQUESTING: INCREASE ALLOWABLE OBSERVATION DECK FROM 225 S.F. TO 3,200 S.F. SEEKING RELIEF FROM TOWN CODE OF ORDINANCES CHAPTER 30, ARTICLE IV [ZONING DISTRICTS]; SECTION 68 [SUPPLEMENTAL DISTRICT REGULATIONS]; (p)(1); ROOF OVERHANGS. REQUESTING: INCREASE MAXIMUM OVERHANG OF loo TO SECOND LEVEL (31%), THIRD LEVEL TO (20.3%). Height request was discussed first, with it being noted that the height of the design is 35 feet without all the "stuff" on top. i.e. turret, etc.) There was very lengthy discussion regarding the height, town code and claiming of a hardship. It was suggested that the architect find a way to lower the height by several feet, one being to design a smaller space between floors for electrical and duct work. After further discussion, MOTION was made by MR. HALPERN/MR. CORRALES to DENY variance request for height increase from 35 feet to 40 feet. The following roll call vote was taken: .t ~ ~` ~_ Board of Adjustment Tuesday November 1 2005 Paae 2 of 2 Mr. Corrales yes Mr. Hill yes Mr. Halpern yes MOTION carried ~/0 Mrs. Eagel yes Mr. Yucht yes As the height variance was denied, applicant withdrew variance for observation deck. Overhand variance was discussed, noting that the second floor would have open balconies and the third floor would have cantilevers over the balconies. By designing the overhang, it gives a more decorative appearance to the sides of the house rather than a flat wall. The Board agreed to the decorative addition, and MOTION was made to GRANT variance for roof overhangs. The following rollcall vote was taken : ~~ -~cv~ ~~..~t..2 ~o~ '~V\ t eo ~ u~~ ~~("~1,~. ~ ~Pf ~ . Mrs. Eagel yes Mr. Halpern yes Mr. Hill yes MOTION carried ~/0 Mr. Corrales yes Mr. Yucht yes With no further business to come before the Board, MOTION to adjourn • was made by MR. HALPERN/MR. HILL at 11:15 a.m. APPROVE: Joseph A. Sarubbi, Ch. absent Merton Rubin, V. Ch. absent Barbara Joseph Jack A. Michael Peter Cc Attest: • ~ i , r • BOARD OF ADJUSTMENT AND APPEALS DECISION ON PETITION FOR VARIANCE ~D ~ f l ~Z ©~,S Petition No. 05-05-89 Public Hearing DateA~~ ~Q ~nn~ Town Code _ Chapter 30, Section 64 Table 30-2 Height Restrictions Chapter 30, Section 68 (u)(4)(e)(1) Observation Decks Chanter 30 Section 68 (p)(1) Roof Overhangs Petitioner FLORCAN DEVELOPMENT LLC (Oded Meltzer) Property Address 3511 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 varianceSbe granted [x]; denied [~C]; 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. 05-05-89 Florcan Dev. LLC Pa e 2 • SIGNATURES WRITE "FOR" OR "AGAINST" PETITION yon c~.-4~se ~-~' Joseph A. Sarubbi, Chairman ~~~~ Merton Rubin, Vice Chairman • U` ~9 -~ ~~ ~~~ ono r r .~ ~ ~~~ ~ ~~/ A Q"CGf~ ~c=~ ,,~^ ~-11U,5'~ ~ ~~ 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. ~lttest Date : r~ CC: Binding Official ~'r1 ~u~n ~ ~~ ~-°°~ L Barbara G. gel, Sec.