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2011.03.21_BAA_Minutes_Special�•'� 16 N (,�� m TOWN OF HIGHLAND BEACH ••=ems MINUTES OF THE �h ••• BOARD OF ADJUSTMENTS & APPEALS SPECIAL MEETING & PUBLIC HEARING Thursday, March 31, 2011 9:30 AM Members Present: Chair David Stern, Vice Chair Joseph Colby, Board Member Anthony Ruotolo, Board Member Ruth Samuels, Board Member Louis Stern, Board Member Americo Varone, and Board Member Evelyn Weiss. Also Attending: Town Attorney Tom Sliney, Building Official Michael Desorcy, Deputy Town Clerk Valerie Oakes and members of the public. CALL TO ORDER: Chair D. Stern called the Special Meeting to order at 9:30 AM. Roll call was taken by Deputy Town Clerk Oakes. The Pledge of Allegiance followed. INSPECTION: Chair D. Stern stated that per the Highland Beach Code of Ordinance Chapter 20-51, the Board of Adjustment and Appeals shall conduct an onsite inspection in conjunction with all applications for variances and administrative review. The Board of Adjustment and Appeals will take a short recess to inspect the property at 1020 Grand Court, Highland Beach. MOTION: Vice Chair Colby moved to recess the meeting at 9:31 AM to conduct an onsite inspection. Member Louis Stern seconded the motion, which passed unanimously. RECONVENE MEETING: Chair Stern called for a motion to reconvene the meeting. MOTION: Vice Chair Colby moved to reconvene the meeting at 9:59 AM. Member Ruotolo seconded the motion, which passed unanimously. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Chair Stern called for any additions or deletions to the agenda, hearing none, called for a motion to accept the agenda. MOTION: Vice Chair Colby moved to accept the agenda as presented. Member Louis Stern seconded the motion, which passed unanimously. PUBLIC COMMENTS AND REOUESTS: None. PRESENTATIONS: None. APPROVAL OF MINUTES: • December 21, 2010 — Regular Chair Stern called for a motion to approve the minutes from the December 21, 2010, Regular Meeting. MOTION: Member Louis Stern moved to approve the minutes from the December 21, 2010, Regular Meeting. Member Samuels seconded the motion, which passed unanimously. OLD BUSINESS• None. NEW BUSINESS• Chair Stern called for a motion to close the regular. MOTION: Vice Chair Colby moved to close the regular meeting at 10:00 AM. Member Weiss seconded the motion, which passed unanimously. A. Variance Request: 1020 Grand Court - Public Hearing No. 27252: CONSIDERATION OF THE VARIANCE APPLICATION TO CONSTRUCT AN ADDITION TO THE EXISTING STRUCTURE, INCREASING LOT COVERAGE FROM 36% TO APPROXIMATELY 40% IN RESIDENTIAL MULTIPLE FAMILY LOW DENSITY (RML) ZONING DISTRICT. SEEKING RELIEF FROM TOWN CODE OF ORDINANCES CHAPTER 30-64, TABLE 30-2; PROPERTY DEVELOPMENT REGULATIONS. Chair Stern read aloud, title only, the variance petition then called for a motion to open the public hearing. MOTION: Vice Chair Colby moved to open the public hearing at 10:01 AM. Member Weiss seconded the motion, which passed unanimously. Board of Adjustments & Appeals Special Meeting Minutes 03/31/11 Page 2 of 6 Chair Stern asked the Planning Board members to disclose any ex-parte communication(s), seeing no hands, the Deputy Town Clerk was asked to administer the Oath to all those who wish to testify. Building Official Desorcy was invited to the podium. Staff Presentation: Michael Desorcv Building OfficialIndependent Inspections Limited for the Town of Highland Beach — This is a petition for variance to increase the existing footprint of the structure from 36% to approximately 40%. The single-family residence is located in the Residential Multiple -Family Low Density (RML) zoning district, which requires maximum lot coverage of 30%; however, the petitioner has requested extending the lot coverage to approximately 40.5%. Town Attorney Tom Sliney — The historical background is that initially two high-rises were to be built north of Braemer Isles; however, there was extensive litigation, which resulted in denying the project. Currently, there is an anomaly in the code, technically, the property is zoned as RML, but the properties are built as single-family. The Building Official did not have a choice but to bring the matter to the board for a variance. The Town has treated and granted variances similar to this application. Member Louis Stern — The variances were granted on an individual basis to go beyond the maximum lot coverage of 30%, is that correct? Town Attorney Sliney — The Building Official's record shows that the last property in question was granted a variance. The initial properties as built may have been built without variances because everyone assumed that the lot coverage was not an issue. Petitioner Presentation: Jeffrey Levine, Esquire — Represents Mr. and Mrs. Boroian. The history of the Grand Cay community is that it was built under single-family guidelines without any regard to lot coverage due to litigation settled in 1989. The settlement provided for the creation, specifically to single-family homes. There seems to be an anomaly in the code because they were all built as single-family houses, which consisted of three (3) parcels: [a] the main street going into the Boca Highland Community; [b] the four (4) houses as you enter Boca Highland; and [c] the two (2) homes on the ocean, in which were built under the same codes and situations. The addition is single -story with virtually no impact from the street. Terry Cudmore, General Contractor, advised that the setbacks for the community are incompliance; the lot coverage is the issue. A few years ago, Mr. and Mrs. Charles Sollins, who no longer live in the community, petitioned for a variance under the exact same premise for an addition. I represented the Sollins' and the predecessor Board approved the variance. In attendance are Property Owners Patrick and Bonnie Boroian; Randall Stoft, Architect; and Terry Cudmore, General Contractor to answer questions. Board of Adjustments & Appeals Special Meeting Minutes 03/31/11 Page 3 of 6 The vast majority of the homes that were originally built exceed the lot coverage percentage that is requested today. Mr. Pearce, President of Grand Cay Estates HOA, is prepared to testify that the community has reviewed the plans, are in favor of the project, and would love to see the project approved to bring the house in line with the value of the other homes in the community. We believe that there is a hardship because of the anomaly with the RML zoning overlay. The property owners want to bring the home up to modern standards as their family is growing. There will be no negative impact to the community, association or otherwise. We have the support of the community association. There is a history of similar variance instances, so it might be considered unfair to deny one homeowner when one was previously approved. In 1989, the settlement states that the houses are to be built as single-family, so why it is zoned RML? It seems that the litigation settlement came after the zoning code, and that is how the homes were built. Vice Chair Colby — If back in 1989, when they were making the settlement someone said change the zoning in the area to one -family zoning, we would not be here today, it would not have been necessary and the area would have been built as it is today. Mr. Levine — Yes, the settlement agreement does state that the houses are to be built as single-family. Chair Stern — Deputy Town Clerk Oakes has any correspondence regarding this application been received? Reply — No. Public Statements: Ken Pearce. President of Grand Cay HOA — Currently owns two houses in the community, and owned a third, which was sold. This is all strange to me. In 1993, I was the first to move into Grand Cay when I purchased a home. This is unbeknown to me why this was not straightened out in the beginning. There was not a problem with the zoning before. If you try to build a multi -family home in the community, no one would agree to that. Everyone would be happy to have the variance granted. Any value added to a home would add value to the community. I have owned 1,000 homes, and currently, I own 50 homes and have 100 mortgages. I have never had such a thing happen like this in my life. [This portion left blank intentionally.] Board of Adjustments & Appeals Special Meeting Minutes 03/31/11 Page 4 of 6 Chair Stern asked if the petitioner would like to make a closing argument, and if the board had any questions, hearing none, called for an affirmative or negative motion for the variance petition. MOTION: Vice Chair Colby moved to grant the variance petition as requested. Member Louis Stem seconded the motion, which passed unanimously. Discussion: None. Roll Call Vote: Vice Chair Colby - Yes Member L. Stem - Yes Member Weiss - Yes Member Samuels - Yes Member Ruotolo - Yes Member Varone - Yes Chair David Stern - Yes Motion carried 7/0. Chair Stem called for a motion to close the public hearing at this time. MOTION: Vice Chair Colby moved to close the public hearing at 10:16 AM. Member Ruotolo seconded the motion, which passed unanimously. Chair Stern called for a motion to open the regular meeting at this time. MOTION: Vice Chair Colby moved to open the regular meeting at 10:16 AM. Member Louis Stern seconded the motion, which passed unanimously. Chair Stern called for any further New Business, hearing none, moved to the next agenda item. ADJOURNMENT: Chair Stern announced that the next regular meeting of the Board of Adjustment & Appeals is on Tuesday, April 19th at 9:30 AM. MOTION: Vice Chair Colby moved to adjourn the meeting at 10:17 AM. Member Ruotolo seconded the motion, which passed unanimously. Board of Adjustments & Appeals Special Meeting Minutes 03/31/11 Page 5 of 6 APPROVED: (+/ David Stern, Chair Josep olby, ice Chair �t K-Y-,0 Anthony Ruotolo, Board Member Ruth Samuels, hGara Member Member Americo Varone, Board Member velyn W s , board ember TOWN SEAL ATTESTED: Date: (q k �' I i Valerie Oakes Deputy Town Clerk, CMC Appointed Board Secretary Board of Adjustments & Appeals Special Meeting Minutes 03/31/11 Page 6 of 6