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2008.05.20_BAA_Minutes_Regular• TOWN OF HIGHLAND BEACH BOARD OF ADJUSTMENT PUBLIC HEARING MINUTES Tuesday, Mav 20.2008 1.10 n m Chairman Jack Halpern called the Public Hearing to order at I :10 p.m. In attendance were Jack Halpern, Vice Chair Neil Burd and Members Peter Corrales, Anthony Ruotolo, Theresa Colarullo, David Stern and Joseph Colby. Also in attendance was Town Attorney Thomas Sliney, Building Official Bob Dawson and members of the general public. THIS IS A PUBLIC HEARING TO REVIEW THE FOLLOWING PETITION FOR VARIANCE: NO. 02-08-98: REQUEST SUBMITTED BY BETTY AND ED MASI FOR PROPERTY LOCATED AT 3200 SOUTH OCEAN BLVD.; OWNER: HIGHLAND BEACH RENAISSANCE, LLC. SEEKING RELIEF FROM TOWN CODE OF ORDINANCES CHAPTER 30, TABLE 30-2, PROPERTY DEVELOPMENT REGULATIONS,I~ZAXIUM BUILDING HEIGHT, RMH ZONE (]~iAXIUM HEIGHT OF 50'0" ALLOWED) • REQUESTING: INCREASE HEIGHT FROM 50'0" ALLOWED TO 91' '/2" TO THE HIGHEST POINT. Recording Clerk swore in all who would be testifying at today's hearing. Bob Dawson, Building Official, offered an overview of the application, noting that the application applied for a permit which was denied because of the height. The applicant then filed a petition to this board, asking for a variance. Plans for the project are available at today's meeting and in the building department. Mitch Kirschner, Attorney for the applicant, spoke on behalf of the Massi's. He noted design of the building, being a "wedding cake design" with only 15 units at 90-1/2'. What is allowed is a square, squatty looking structure at 30 feet. The buildings on either side and across the road are all high rises, and would dwarf this building if constructed at 50'. Feels the height restriction was changed some years ago to prevent other possible large projects from being constructed in Town (ref: Itco property.) He went on to note that typical what is allowed to be built would yield 27 units. This plan will be 15 units only, larger in size. He referred to the building as a "light, airy, non-dense fashion." Board members were asked if they were contacted by the applicant, with the following replies: Joe Colby -yes, Mrs. Masi; Peter Corrales - no contact; Terry Colarullo - received package; Anthony Ruotolo -received package; Jack Halpern -received • package; Neil Burd -yes, Mrs. Masi; David Stern -received package. • Board of Adjustment Mav 20, 2008 Page 2 of 3 Ed Masi showed rendition of the building, and a model. He showed on the model how the area would look with the allowed building, and how it would look with the proposed project. The mangroves would be enhanced and maintained, and he is working with DEP on this. He feels this project does not set precedence for other variances requesting height increases. The Public was allowed to speak: 1. Ronnie Spenstreff, 3310 S. Ocean (Seagate] Supports. 2. Lucy Miller, 3310 S. Ocean,~Amb. East] Against 3. Beach Walk East residents Supports 4. Natalie Barnes Driscal H.B. Drive Supports 5. Carl Feldman, Pres. Villa Costa (,36 units) All Support 6. Mr. Tibun, 4513 S. Ocean Supports 7. Don Schultz, BW East Against 8. Ken Tapman Against 9. Kurt Kalberer, Pres. Ocean Terrace Against The following items were noted: • .Price would be $700-$800 sq.ft. - 2-1/2 million range. Units would be approximately 3,500 sq.ft., with the penthouse at 5,600 sq.ft. Mr. Corrales, being an architect, said that this was a quality project. It was noted by another member that this would be a "jewel" in the Town. Motion by Mr. Colby/Mr. Stern closed the Public Hearing. After further discussion the following Motion was made by Mr. Ruotolo/Mr. Stern: THE BOARD OF ADJUSTMENT APPROVES THE PROPOSAL AS PRESENTED, AND INCORPORATES THE FINDINGS IN SUB- PARAGRAPH M, OF CHAPTER 30-40, VARIANCE INTERPRETATIONS OF THE TOWN CODE OF THE TOWN OF HIGHLAND BEACH. The following rollcall vote was taken: Mr. Colby approve Mr. Stern approve Mrs. Colarullo approve Mr. Ruotolo approve Mr. Coralles approve Mr. Burd .approve • Mr. Halpern approve Motion carried unanimously. • Board of Adjustment Mav 20, 2008 Page 3 of 3 ADJOURNMENT With no further business to come before the Board, Motion to adjourn was made at 2:50 p.m. Approval: Jack A. Halpern, Ch. ~--,- Neil W. Burd, V.Ch. Pete Anth Ther Davi Jose Atte~ n • TOWN OF ffiGHLAND BEACH BOARD OF ADJUSTMENT AND APPEALS DECISION ON PETITION FOR VARIANCE Petition No. 02-08-97 Public Hearing Date: Mav 20.2008 Town Code Chanter 30; Table 30-2, Property Development Regulations Increase height from 50'0" allowed to 91' i/z" to the highest point Petitioner Bettv & Ed Masi (Renaissance. LLCI Property Address 3200 S. Ocean Blvd. In the above numbered Petition, by vote as shown in the official minutes and recorded on the 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. C~ • Board of Adjustment and Appeals Page 2 Decision on Petition for Variance No 02-08-98 - Bettv & Ed Masi Renaissance SIGNATURES Jack A. Halpern, Ch. Neil W. Burd, V.Ch. Anthony P. Ruotolo, Sec. Peter Corrales Theresa M. Colarullo ~ -t~-- _ ~ David Stern ~ C~ ~ ~ t ~ /Z-- Joseph Colby Attest: cc: Building Official Date:, ~ ~ C~ ~8,. ~ 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 ADJUSTMETN AND APPEALS, MAY, WITHIN THIItTY (30) DAYS AFTER RENDITION OF THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS, APPLY TO THE CIltCUTT COURT OF PALM BEACH COUNTY, FLORIDA, FOR JUDICIAL REVIEW PURSUANT TO FLORIDA STATUTE 163.250 • • TOWN OF HIGHLAND BEACH BOARD OF ADJUSTMENT WORKSHOP MEETING MINUTES Tuesday, Mav 20, 2008 3:05 p.m. Chairman Jack Halpern called the Regular Meeting to order at 1:00 p.m. In attendance were Jack Halpern, Vice Chair Neil Burd and Members Anthony Ruotolo, Theresa Colarullo, David Stern and Joseph Colby. Peter Corrales was absent. Also in attendance was Town Attorney Thomas Sliney, Building Official Bob Dawson and members of the general public. Chairman Halpern noted that this Public Hearing was to hear the following Petition: NO.02-8-97: REQUEST SUBMITTED BY ALLAN M. & KAREN GOLDSTEIN FOR INSTALLATION OF A BOAT LIFT FOR PROPERTY LOCATED AT 4307 INTRACOASTAL DRIVE. SEEKING RELIEF FROM TOWN CODE OF ORDINANCES CHAPTER 30; 68-g [ACCESSORY MARINE FACILITIES]. REQUESTING: INSTALLATION OF A BOAT LIFT WITHIN SIDE • SETBACK ALONG SEAWALL. Record Clerk swore in all who would be testifying. Ron Bailine, Attorney for the Petitioner was in attendance on behalf of the applicant. Mr. Bailine noted the following issues: . Owners tore the original house down and constructed a custom home. . There was a complaint that the boatlift was installed within the setback area. . Petitioner's lot narrows on both sides as it extends to the waterway, and the owners wanted to utilize the lot to the fullest extent. . This is not a typical lift, as it is unobtrusive and architecturally pleasing compared to standard lifts. This lift is a single pole that rotates to lift and lower the craft. . Quantum Maxine installed the lift approximately Thanksgiving 2007. Owners did not know that a variance was needed. . A variance is being asked for to keep the very unobtrusive lift in the setback. . A number of improvements were made to the property when the house was built - an overgrown hedge was removed from one neighbor's side during construction. . From a zoning perspective, this application satisfies and is consistent with all of the criteria in Chapter 30, Article I, Section 10 (page 25). . There are 7 to l O lifts in the area, all of which are more obtrusive and less pleasing to the eye. A one time, a Town committee was going to look into the usage of docks within the area, but the committee was disbanded. Apparently the fear as to what might happen has not, of to which it is believed why the committee was disbanded; looking at changing the code will not happen. • • Board of Adjustment Workshop Meeting May 20, 2008 Page 2 of 3 . There are 112-113 plated lots in Bel Lido, most of which have more frontages on the water than on the street. This property is one of 10 which severely narrows from the front to back (street to water). . Special conditions and circumstances create a hardship. The narrowing of the lot constitutes this, and in order to have the full use of the property, a variance for the lift is necessary. . Owner came before this Board for a pool setback which was granted due to the conformity of the property. . This property satisfies all the criteria for a variance. #3, 4, & 8 have been satisfied. Mr. Burd asked if there were any other areas where the lift could be situated. Mr. Bailine noted that maybe, but if the answer were yes, he is not sure if the boatlift would function as it is designed. Mr. Goldstein addressed the Board, noting that the current boat dock is 40 feet long and the property is 70 feet wide with a fifteen foot setback on each side. He currently has a 40 foot boat docked there. The lift rotates and places the watercraft on the dock, not blocking views. This is similar to placing chairs or other structures on the dock. When he purchased property, he removed a 12 foot hedge which was jutting out into the water • because it was overgrown, and he also removed a large tree. This opened the area up to the neighbors which they liked. He could again shrub the area to block view of the lift from the neighbor (but this would also again block the neighbor's view of the waterway.) . Eugene Garrett. 1070 Bel Lido Drive - He is the neighbor most affected by lift. Petitioner's house took three years to build. Hedges removed not to enhance his view. Noted that setback is less than 15 on each side. Newly installed fence overlaps on his property. When lift lifts and swings wave runner around, it goes over air and water rights to his property. Eyesore (pole sticking up in the air), blocks view; applicant could move it to the other side of his property, but it would then black his view. George Barlow, 1084 Bel Lido Dr. - He lives on other side of Mr. Garrett. Does not agree with Mr. Balines numbers -there are 241ots that narrow, and 201ots that have frontage on the water which is greater than on the street. There are five lots that are more restrictive than the Petitioner's lot, including Mr. Garrett's lot. Dock should have been smaller considering setback. Not objecting to dock, but Mr. Garrett has a very tight corner and if anyone needs a protection of a setback, it's Mr. Garrett. Mr. Goldstein -Property is 69.9 feet, which allows fora 15 foot setback. Lift has never been used and will not be until allowed. When boats are in the waterway, they always encroach on someone's property when pulling up to a dock. The shrubs were removed for construction purposes, and intent was to replace them for privacy -Neighbor (Mr. • Garrett) indicated they liked the view so the applicant did not replace, although it affects the (Goldstein's) privacy. • Board of Adjustment Workshop Meeting Mav 20, 2008 Page 3 of 3 Mr. Bailine -Agreed that Mr. Garrett's lot is very restrictive, but the state owns the waterway and the lift only goes over the waterway. Mr. Dawson -The board needs to conduct a site visit. He also noted that he did not ask Mr. Goldstein to remove the lift; to wait for the result of the variance hearings. He also noted that surveyor told him that the fence between Mr. Goldstein and Mr. Garrett's house that is on the property line, not over the line. Not familiar with this type of lift. Also noted that old aerials show that there was a dock at one time in front of Mr. Garrett's house. Mr. Halpern remembered the old dock he saw in 2005 (when applicant requested a pool variance), and if they now see that a brand new dock is there, that could open up a whole new issue. Mr. Halpern also rememberd that the applicant said he would not request any more variances. He could have put a 30 foot dock in and put lift within the 40 space allowed (rather than have a 40 foot dock now with lift in setback). A date of July 15, 2008 at 9:30 a.m. was scheduled for a site visit and a Public Hearing. With no further business to come before the Board, Motion to adjourn was made by • Mr. Burd/Mr. Colby at 4:10 p.m. Adjournment: Jack A. Halpern, Ch. Neil W. Burd, V.Ch. Pe Ar Th Da Jo At .7 BOARD OF ADJUSTMENT REGULAR MEETING MINUTES Tuesday, Mav 20, 2008 1:00 q.m. Chairman Jack Halpern called the Regular Meeting to order at 1:00 p.m. In attendance were Jack Halpern, Vice Chair Neil Burd and Members Peter Corrales, Anthony Ruotolo, Theresa Colarullo, David Stern and Joseph Colby. Also in attendance was Town Attorney Thomas Sliney, Building Official Bob Dawson and members of the general public. APPROVAL OF MINUTES Upon Motion by Mr. Colby/Mrs. Colarullo, the minutes of the April 9, 2008 Quarterly Meeting were unanimously approved. NEW/OLD BUSINESS Mr. Dawson noted that the Hightower Boat Lift was removed from the property. This lift was found to be in violation of Town Code set backs and was installed without a permit. Mr. Halpern distributed draft letter from himself to various Town entities, re former BOA cases. The Board tabled this discussion until another time (letter attached), and will reissued the letter to the Code Enforcement Board, Bob Dawson, Town Commission and Dale Sugerman, reflecting the changes Mr. Halpern noted. ADJOURNMENT With no further business to come before the Board, Motion to adjourn was made at 1:10 p.m. Approval: Jack A. Halpern, Ch. ~~ Neil W. Burd, V.Ch. .~%~~ G'' <~~ Peter Corrales Anthony Ruotolo, Sec. Theresa Colarullo David Stern Joseph Colby, • Attes .+. Jack A. Halpern 4511 South Ocean Blvd, Apt 507 Highland Beach, FL 33487 Apnl 16, 2008 To: Code Enforcement Board Commissioners Town of Highland Beach Bob Dawson- Building Department Dale Sugarman- Town Manager ~% At the last meeting of the Board of Adjustment April 9~' we had .a discussion of two recent cases that have come before the Board. These two cases one of which is still active involve persons building boat docks without permits. In each case the boat docks would have required vaziances from the Code. In the discussion that ensued we Bob Dawson to issue Code Enforcement Notices from now on for cases where uilding permit should have been issued that required a variance. Then if the applicant comes before the Board of Adjustment and a favorable ruling is issued the Code Enforcement Board could decide whether to negate any fines imposed or not. We think this approach will develop timeliness among persons who do not get variances prior to construction. In one case, Hightower, 4416 Tranquility Lane, the Board voted unanimously not to approve the variance on January 17, 2008. We believe it is incumbent on the Building Department and Code Enforcement Board to follow-up to ensure that the structure is removed or bring the matter before the Code Board if not. In the second case the lawyer has not shown up for the initial workshop, the applicant then request a delay for the second workshop a short time period before the scheduled second workshop on the matter and we are now going into our third workshop meeting. If we do not get representation at this time ---- --- pus matte~o C de E or~cem~jent B for action. ~ ~~ ~''n "~ Thank you for your attention to this matter. ~. Jac A. Halpern air- Board of Adjustment ~~~~~ •