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2008.01.17_BAA_Minutes_Regular• TOWN OF HIGHLAND BEACH BOARD OF ADJUSTMENT QUARTERLY/PUBLIC HEARING MINUTES January 17.2008 _ _. _ 2:00 n.m. Chairman Jack Halpern called the Quarterly/Public Hearing meeting to order at 2:00 p.m. In attendance were Chairman Halpern, Vice Chair Merton Rubin, Secretary Anthony Ruotolo and Members Peter Corrales and Neil Burd. David Stem and Terry Colarullo were absent. Also present were Town Attorney Thomas Sliney, Building Official Bob Dawson and members of the general public. APPROVAL OF h~IINUTES Upon MOTION by MR. BURD/MIZ. RUBIN the minutes of the November 15, 2007 and the December 11, 2007 meetings were unanimously approved. OTHER BUSINESS Election of Officers for 2008: Upon Motion by unanimous vote, Jack Halpern remains as Chairman of the Board. As Merton Rubin's tenure is complete in February, unanimous vote was taken to appoint Neil Burd as Vice Chairman. Unanimous vote was taken to re- appoint Anthony Ruotolo as Secretary. All Motions carried. • Chairman Halpern closed the Quarterly Meeting and opened the Public Hearing. PUBLiC HEARING CONSIDERATION OF THE APPLICATION OF DALE HIGHTOWER FOR INSTALLATION OF A BOAT LIFT WITHIN TWELVE FEET OF THE PROPERTY LINE. PROPERTY LOCATED AT 4416 TRANQUILITY DRIVE. OWNER: DALE HIGHTOWER. Chairman Halpern suggested that the Board hear the application first, then if they so desire, conduct a site visit. The Board members concurred with this. Recording secretary sworn in all who would be testifying. Notification of certified mailings of hearing and newspaper publications are in the applicants file. Attorney Les Stevens was present to represent Mr. Hightower, and noted that the boat lift was constructed without Mr. Hightower knowing that a permit was needed, as he is from the Miami area where regulations are different, and assumed the installer obtained the necessary paperwork prior to installation. Mr. Stevens also said that the reason for this public meeting is to correct the error that was made by constructing the lift without a permit. The Chairman asked for public comments. • • Board of Adjustment & Appeals January 17, 2008 Page 2 of 3 Lou Stem, Chairman of the Highland Beach Planning Board, noted that the applicant came before the Planning Board and explained the issues the Board found with Mr. Hightower's application. Mr. Stevens felt these issues were inadmissible to today's hearing, with Mr. Sliney stating he has the right as a citizen to state his facts as he saw fit. Mr. Dawson clarified that Mr. Hightower put the lift in without a permit. When Mr. Hightower testified at the Planning Board he said that it had been installed by Miami Boalift. As Miami boatlift did not have a license in Palm Beach County, Mr. Dawson believes that Miami boatlift asked East Coast to pull the permit. While Mr. Hightower had forgotten who he dealt with, Mr. Dawson said it was difficult to get involved and figure out the circumstances in the situation. Sharon Stein, President of the Bel Lido Homeowners Association, read a letter into the record (attached hereto) noting the Association's request for denial of the application. Gerry Marshall, resident of Bel Lido and a member of the Association board, stated that all the applicant need to do to come into compliance with code would be to move one piling. • Resident Eileen Carlson, Bel Lido spoke on her objection to the application, noting that there are other residents who want to do the same thing, and this would just set a precedent. She encouraged the board to deny the application Mr. Stevens noted that Mr. Hightower was called out of town unexpectedly and requested the hearing/decision be postponed until a date when he would be in attendance. The Chairman stated that this issue had "dragged on long enough" and a decision needed to be made at today's hearing. The Chairman asked the Board if they felt a site visit was necessary, of which the members felt it was not. The following MOTION was made by MR. BURDIMIZ. RUOTOLO: THE BOARD OF ADJUSTMENT & APPEALS DENIES THE APPLICATION OF DALE ffiGHTOWER FOR A BOAT LIFT FOR PROPERTY LOCATED AT 4416 TRA,NQUILTTY DRIVE, BEL LIDO. MOTION met with unanimous vote. ADJOURNMENT With no further business to come before the Board, Motion to Adjourn was made by Chairman Halpern/Mr. Burd at Z:55 p.m. Board of Adjustment & Appeals January 17, 2008 Paae 3 of 3 APPROVE: Jack A. Halpern, Chair. Merton Rubin, V.Chair Anthony Ruotolo, Sec. Peter Corrales Theresa Colarullo absent k ~. Neil Burd ~~~ `' David Ste absent Attest: Date: L~ ~ ~ • BOARD OF ADJUSTMENT AND APPEALS DECISION ON PETITION FOR VARIANCE Petition No. 11-07-96 Public Hearing Date Jan. 17, 2008 Town Code _ Chapter 30; Accessory Marine Facilitvl Sec 68 Petitioner DALE HIGHTOWER Property Address 4416 Tranquility Drive. 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 [ ]; denied [XX]; 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 January 17, 2008 Page 2 =07-96 (DALE H SIGNATURES WRITE "FOR" OR "AGAINST" PETITION f~~.gli~~~`j" Ja A. Halpern, airman Merton Rubin, Vice Chair Peter Corrales Ant ony P. uotolo, Sec. L' Theresa M. Colarullo Neil W. Burd ~_ David Stern ~`~ ~~~j~s~- ,q G- ~S~~sT i~ gaiyS~ O'~Z1u i c~ nt 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.