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2007.04.17_BAA_Minutes_Regular (2)T ,r• ~ • TOWN OF HIGHLAND BEACH BOARD OF ADJUSTMENT PUBLIC HEARING Tuesday, April 17, 2007 Immediatelv following 9.30 a m Quarterly Meeting Chairperson Joseph Sarubbi called the Quarterly Meeting to order in Commission Chambers at 9:30 A.M. Deputy Town Clerk Jane Dillon called the roll. Present were Chair Sarubbi, Members Merton Rubin, Anthony Ruotolo, Peter Corrales and Theresa Colarullo. Jack Halpern and Joseph Yucht were absent. Also in attendance was Town Attorney Thomas E. Sliney. OLD BUSINESS Recording Secretary noted for the record that Peter Coralles is in attendance for this Public Hearing. Chairman Sarubbi noted that this is a Public Hearing Meeting to review the following Petition for Variance: NO. 01-07-91: REQUEST SUBMITTED BY DALE SUGERMAN FOR PROPERTY LOCATED AT 3614 S. OCEAN BLVD.; OWNER: TOWN OF HIGHLAND BEACH. • SEEKING RELIEF FROM TOWN CODE OF ORDINANCES CHAPTER 23, SECTION 7 (c) (1) (c) (a) . REQUESTING: INSTALLATION OF A NEW TOWN HALL SIGN WHICH EXCEEDS THE LIMITS OF THE TOWN CODE REGARDING IDENTIFICATION SIGNS. Recording Secretary noted that all the criteria had been met as far as notices being sent certified mail .and advertising requirements. Chairman noted that there was no one from the public present, and asked for approval for the application for a new Town Hall Sign. MOTION carried unanimously. NEW BUSINESS Chairman Sarubbi stated that his six year tenure and Mr. Yucht's six year tenure would be complete at the end of April, leaving no seated Chairman or Vice Chairman. He recommended that the Board elect new officers so officers would be place for the next Quarterly Meeting. Therefore, upon MOTION by Mr. Sarubbi/Mrs. Colarullo Mr. Ruotolo will remain as secretary, Mr. Halpern be elected as Chairman, and Mr. Rubin be elected as Vice Chair. Motion carried. A memorandum will be sent to the Town Commission noting so, and also noting that Mr. Coralles would like to be reappointed to a second three year term. • .~ . Board of Adjustment • April 17 2007 Paae 2 of 2 ADJOURNMENT With no other business to come before the Board, MOTION to adjourn was made by MR. SARUBBI/MRS. COLARULLO at 9:50 a.m. APPROVE: • Joseph A. Sarubbi, Ch. Joseph S. Yucht, V.Ch. Merton Rubin Jack A. Halpern Peter Corrales Anthony Ruotolo Theresa M. Colarullo Date . ~; ~L~..~%^c-,~ ~I~ / ~~ ~i L/ • absent ,~.-~--- ~Z~.,/~ ; absent BOARD OF ADJUSTMENT AND APPEALS DECISION ON PETITION FOR VARIANCE Petition No. 01-07-91 Public Hearing Date April 17, 2007 Town Code Chapter 23 [Signs & Advertising} Sec 7(c)(1)(c)(a) Petitioner TOWN OF HIGHLAND BEACH (NEW TOWN HALL ENTRANCE SIGN) Property Address 3614 S. Ocean Blvd. In the above numbered Petition, by vote as shown in the official Minutes and recorded on the reverse side of this orm, it was determined and ordered that the requested variance be granted [~]; 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. S3. 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. r~ LJ Board of Adjustment and Appeals Page 2 April 17, 2007 Decision on Petition for Variance No 01-07-91 (Town of Highland Beach) SIGNATURES WRITE "FOR" OR "AGAINST" PETITION NEW TOWH HALL ENTRANCE SIGN. Joseph A. Sarubbi, Chairman Joseph S. Yucht, Vice Chair C" Merton Rubin Jack A. Ha n • ~ ~ ~~ Pete rrales -es Anthony P. Rutolo, Sec. Theresa M. Colarullo 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. Attest: ~cc : Bui Date . r o~~