2006.07.10_BAA_Minutes_Regular.t
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TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT AND APPEALS
PUBLIC HEARING
Monday, Julv 10, 2006 9:30 A.M.
Chairman Joseph Sarubbi 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 Sarubbi, Vice Chair Joseph Yucht, Members Peter Corrales,
Merton Rubin and Jack Halpern. Michael Hill was absent. Also in
attendance was Building Official Bob Dawson and Town Attorney Tom
Sliney.
Recording Secretary noted that all criteria for advertising and
notification to residents within 300 feet of property were met.
All those who would be testifying were sworn in.
This meeting was called to hear the following Variance.
NO. 06-06-90: REQUEST SUBMITTED BY BYRD BEACH ESTATES,
LTD., FOR PROPERTY LOCATED AT 2637 S. OCEAN BLVD.; OWNER:
BYRD BEACH ESTATES, LTD.
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SEEKING RELIEF FROM TOWN CODE OF ORDINANCES CHAPTER 30,
ARTICLE IV [ZONING DISTRICTS]; SECTION 61 et al. [APPLICATION
OF DISTRICT REGULATIONS].
REQUESTING: ELIMINATE ONLY THE REQUIREMENT FOR THE CONNECTION
OF THE TWO EXISTING HOMES ON THE OCEANSIDE TO THE PROPOSED NEW
DWELLING.
Jason Mankoff, Esq. presented application to the Board noting the
following: In order to obtain a zero lot lines, the houses needed
to be connected, of which they were via walls. At the time of
approval, it was discussed that some sort of a "bridge" be built
over the interior roadway to the ocean front houses. The fire
department has a problem with this concept because they won't be
able to get their large truck under it . The project would also look
more pleasing without the "bridge". John Caldwell, homeowner on the
ocean and Doris Foster, President of Carlton House both feel it
would look better without a large "bridge", and asked that this
application be approved.
Upon MOTION by MR. HALPERN/MR. RUBIN, the Board granted approval of
Variance No. 06-06-90. Motion carried unanimously.
With no further business to come before the Board, Motion to adjourn
was made by Mr. Halpern/Mr. Rubin at 9:55 a.m.
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Board^of 2o~6s
Appg,OVE ' Ch
Sarubbi,
Joseph A Yacht, v,Ch
Joseph S
Merton Rupin
JacK P' • Halpern
Michael W• H111
Corrales
peter
Open
Attest:
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Date:
• BOARD OF ADJUSTMENT AND APPEALS
DECISION ON PETITION FOR VARIANCE
Petition No. 06-06-90 Public Hearing Date July 10, 2006
Town Code Chapter 30, Article IV Section 61 et al.
Petitioner BYRD BEACH ESTATES, LTD. (to eliminate connection from
Property Address 2637 S. Ocean Blvd. oceanfront houses to proposed
new dwelling)
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 [x]; 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
July 10, 2006
Page 2
SIGNATURES WRITE "FOR" OR "AGAINST" PETITION
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T
seph A. Sarubbi, Chairman
i
Merton Rubin/- Vice Chairman
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Joseph S. Yucht
a~
Ja A. Halpern
Michael W. '11
Peter orrales
Open
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.
Attes
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