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2008.09.23_BAA_Minutes_RegularBOARD OF ADJUSTMENT • REGULAR/PUBLICC HEARING MEETING MINUTES Tuesday. September 23.2008 9.30 a m Chairman Jack A. Halpern called the Regular/Public Hearing Meeting to order at 9:30 a.m. in Commission Chambers. In attendance were Chairman Halpern, Secretary Anthony P. Ruotolo and Members Theresa Colarullo, David Stern and Peter Corrales. Vice Chairman Neil Burd and Joseph Colby were absent. Also in attendance were Town Attorney Thomas E. Sliney, Building Official Bob Dawson and members of the general public. Mr. Dawson introduced Bill Kramer, the new Building Official replacing Mr. Dawson. Approval of Minutes Upon MOTION by Mr. Ruotolo/Mrs. Colarullo, the minutes of the July 15, 2008 Regular Meeting were unanimously approved. Old/New Business As there was no old or new business to discuss, MOTION to adjourn was made by Mr. Stern/Mrs. Colarullo at 9:35 a.m. Public Hearing No. 07-08-98: CONSIDERATION OF THE APPLICATION OF DAVID SNEIDEI~:MAN, SIGN-A-RAlVIA,, FOR INSTALLATION OF A NEW RESIDENTIAL SIGN FOR PROPERTY LOCATED AT 2921 S. OCEAN BLVD.; HIGHLAND TOWERS. REQUESTING: 18 FOOT SQUARE ALLOWED: 10 FOOT SQUARE Recording Clerk swore in all who would be testifying, and noted that the criteria for advertising and notification to residents within required distance from the property had been met. Mr. Dawson noted that this was an application for a sign on the front facade of the building which is larger than Town code allows. Mike Sniderman, authorized agent, noted that the original "flat wall" sign was 25 sq. ft., and as the building just recently underwent some renovation, town code calls for a new sign to be no more than 10 sq.ft. This is the normal size freestanding sign when placed at the roadway, but as the new building sign will go on the facade, and the building is approximately 120 feet from the roadway, a 10 sq.ft. "flat wall" sign would be lost on the facade. Mr. Corrales asked why a sign could not be placed at the roadway, being more uniform with the other condo buildings. Mr. Sniderman stated that when the building was constructed, the large facade was for the purpose of a flat sign and the residents do not want to leave the area • blank. Also, there is a hedge at the roadway, with no room for a freestanding sign. Board of Adjustment Regular/Public Hearing • Seutember 23, 2008 Page 2 0,_ f Z Chair Halpern read a letter from John M. Beccaris, Board Chair of the Edgewater Homeowners Assoc. located across the street, stating that all nine residents object to the larger lettering. John Kromer, one of the nine residents, stated that Mr. Beccaris never approached him about this, and he actually agrees with the larger lettering. He stated that of the nine residents he is the only one that can actually see the building from his house. Also, he noted that Highland Towers has done extensive work to their building and grounds, and this requested sign would only enhance the building more. With no further discussion, MOTION to adjourn the Public Hearing was made by Mr. Stern/Mrs. Colarullo. The following MOTION was made by Mr. Stern/Mr. Ruotolo: THE BOARD OF ADJUSTMENT GRANTS FINAL APPROVAL FOR THE APPLICATION OF DAVID SNEIDERMAN, SIGN-A-RAMA, FOR INSTALLATION OF A NEW 18 SQUARE FOOT RESIDENTIAL SIGN FOR P~2OPERTY LOCATED AT 2921 S. OCEAN BLVD.; HIGHLAND TOWERS. THE BOARD HAS MADE THE FINDINGS THAT APPLIES WITH ALL OF THE REQUIREMENTS OF A VARIANCE UNDER THE TOWN CODE. The following Mr. Stern Mrs. Colarullo Mr. Ruotolo Mr. Corrales Mr. Halpern rollcall vote was taken: yes yes yes Motion carried 4/I no yes Adjournment With no further business to come before the Board, MOTION to adjourn was made by Mr. RuotololMr. Stern at 9:50 a.m. Anyroval: Jack A. Halpern, Ch. Neil W. Burd, V.Ch. Anthony P. Ruotolo, Sec. Peter Corrales Theresa M. Colarullo David Stern Joseph Colby • Attest: Date: absent ~~ • TOWN OF HIGHLAND BEACH BOARD OF ADJUSTMENT AND APPEALS DECISION ON PETITION FOR VARIANCE Petition No. 07-08-98 Public Hearing Date: Sent. 23.2008 Town Code Chanter 23-7: Signs and Advertising Petitioner David Sneiderman. Sign-A-Rama Property Address 2921 S. Ocean Blvd.: Highland Towers 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 [~( ]; 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. Town of Highland Beach Board of Adiustment and Anneals Page 2 • Decision on Petition for Variance No 07-08-98 -Highland Towers Flat Face Sign SIGNATURES WRITE "FOR" OR "AGAINST" PETITION Jack A. Halpern, Ch. Neil W. Burd, V.Ch. Anthony P. Ruotolo, Peter Corrales Theresa M. Colarullo David Stern Joseph Colby Attest: cc: uilding Offii 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 CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, FOR JUDICIAL REVIEW PURSUANT TO FLORIDA STATUTE 163.250. ~~ .7