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2014.03.26_BAA_Minutes_Regular X16HL4 4 ° ��'•my TOWN OF HIGHLAND BEACH y~ • ' _% MINUTES OF THE '��'•• . •''* = BOARD OF ADJUSTMENTS & APPEALS REGULAR MEETING Tuesday, March 26, 2014 1:30 PM Members Present: Chair Barry Donaldson, Vice Chair Barry Axelrod, Secretary Evelyn Weiss, Board Member Joel Leinson, Board Member Peter Rodis and Board Member William Weitz. Member Absent: Board Member Bryan Perilman (excused). Also Attending: Town Attorney Leonard Rubin, Building Official Michael Desorcy, Deputy Town Clerk Valerie Oakes, Town Manager Kathleen Weiser, Vice Mayor Ron Brown, Commissioner Sheridan, Commissioner Stern and members of the public. 1. CALL TO ORDER Chair Donaldson called the Regular Meeting to order at 1:30 PM in the Library's Goldstein Community Room. Roll call was taken by Deputy Town Clerk Oakes followed by the Pledge of Allegiance and a moment of silence for our fallen soldiers. 2. INSPECTION: The Board of Adjustment and Appeals, as part of the public meeting, conducted a site inspection at 3719 S. Ocean Blvd., Highland Beach. All members of the public and interested parties were invited to attend the site inspection. The Board left the Community Room at 1:32 PM to visit the site. 3719 S. Ocean Blvd., Highland Beach - Site Visit Discussion: Building Official Desorcy — There is nothing here to see. The Planning Board has approved a site plan for the construction of a single family home on this site. The way it was approved was with a swimming pool that complied with the code. The applicant has requested that the pool be lengthen by 5', which would put it into the side yard setback. Member Rodis — Where is the pool going to be situated? George Brewer, Brewer Architecture (Petitioner) — Approximately in this location. As you can see, the lot is very small. It is difficult to get the house and the pool and everything to comply with Department of Environmental Protection (DEP) regulations. Shown on the site plan, the pool is indented into the plan. There is almost no pool deck. My client needs the pool for medical reasons. It is not a swimming pool; it is a therapy pool, where he does his laps. It is a pool that he is used to using, so when we did the calculations of the lap — his doctors recommended that he walk a certain distance. By extending the pool 5', it will help him with his exercise. Don't think of it as a swimming pool, it is an aquatic therapy pool. W. William Stewart, 3723 S. Ocean Blvd. — That is what I have next door (property to the south). It is a therapy pool that was prescribed by my doctor. Board of Adjustment & Appeals Regular Meeting Tuesday, March 26, 2014 Paze 2 of 7 Arch. Brewer — My client is 80 years old and has multiple heart issues and this is his only form of exercise. He got divorced a few years ago and his old house has a therapy pool, but the house is occupied by his ex -wife who wants to get rid of him. He uses the pool every day and he has come a long way. Mr. Stewart — We put in a therapeutic pool sometime in the 70's. We made it narrow because we did not want to invade the coastal construction line. I have no objection to the therapy pool. However, I do have an objection to running east. Arch. Brewer It will not run east. We are restricted by DEP on the easterly side. The side setback is up to the Board and the Town. Mr. Stewart — Is anything going east of the coastal construction line? Arch. Brewer — The entire property is east of the coastal construction line. (Mr. Brewer referred to the site plan and explained how the property is situated and where the coastal construction line is located.) We had to sacrifice a normal house to fit the pool. Mr. Stewart — Have you had a hydrologist or an ocean engineer discuss this plan? Arch. Brewer — Yes. Member Rodis — Is the pool in the house or outside? Arch. Brewer — It is outside. 3. RECONVENE MEETING: Chair Donaldson reconvened the meeting at 1:57 PM and called on the Deputy Town Clerk for a roll call. Members Present: Chair B Donaldson, Vice Chair B Axelrod Secretary an'Y , Evelyn Weiss, Board Member Joel Leinson, Board Member Peter Rodis and Board Member William Weitz. Member Absent: Board Member Bryan Perilman (excused). Also Attending: Town Attorney Rubin, Building Official Michael Desorcy, Deputy Town Clerk Valerie Oakes, Town Manager Kathleen Weiser, Vice Mayor Ron Brown, Commissioner Sheridan, Commissioner Stern and members of the public. 4. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Chair Donaldson called for any additions or deletions to the agenda, hearing none, the agenda was accepted as presented. 5. PUBLIC COMMENTS AND REQUESTS: None. 6. PRESENTATIONS: None. 7. APPROVAL OF MINUTES: • February 18, 2014 — Regular Meeting Chair Donaldson called for a motion to approve the minutes from the February 18, 2014, Regular Meeting. Board of Adjustment & Appeals Regular Meeting Tuesday, March 26, 2014 Pate 3 of 7 MOTION: Member Rodis moved to approve the minutes from the February 18, 2014, Regular Meeting. SecrelM Weiss seconded the motion, which passed unanimously. 8. OLD BUSINESS: A. Update on the Request to the Town Commission to Modify the Code Regarding Piling/Grade Beam Surveys and Inspections Building Official Desorcy — Per the Highland Beach Code of Ordinances, the Building Official has the authority to request that documentation. It does not need to be requested by Town ordinance. The building department will be looking for an additional survey from the contractors for all properties in Town. Member Rodis — Does that mean that what we saw with the last application won't happen again because there will be an inspection? BO Desorcy — It is not an inspection; it is a collection of information, so I will verify that the pilings are in a correct position prior to the pouring of concrete into the grade beam or the slab. Member Rodis — It will be the same on both sides of AIA? BO Desorcy — Yes. B. Update on Application No. 30298 — 4521/4523 S. Ocean Blvd. Regarding the Required Landscape Plan to be Approved by the Building Official BO Desorcy — I spoke to the contractor, Damn Dunlea of Seadar Builders, who is working with the landscape architect. I have not received the landscape plan, but they understand that it is required. I can request to have the plan available by the next scheduled board meeting. I Chair Donaldson — If they are not ready, we will continue to carry the item on the agenda until it has been submitted as I want to track this item until completion. Member Rodis — Do we have any further information on 3200 S. Ocean Blvd. on when they may start construction? Attorney Rubin — It is not a part of the agenda or the Board's duties. 9. NEW BUSINESS: Chair Donaldson closed the regular meeting and opened the public hearing at 2:04 PM. The Chairman read the title and summary of the petition. A. Variance Request: 3719 South Ocean Blvd. — Quasi - Judicial Public Hearing Application No. 30567 — RELIEF FROM HIGHLAND BEACH CODE OF ORDINANCES SECTION 30- 68(f)(1)(a) AND (b), THAT REQUIRES A SWIMMING POOL MUST BE SET BACK AT LEAST 10 (10) FEET FROM REAR OR SIDE LOT LINES AND SWIMMING POOL DECKS MUST BE SET BACK AT LEAST FOUR (4) FEET FROM REAR OR SIDE LOT LINES. APPLICANT: Brewer Architecture Board of Adjustment & Appeals Regular Meeting Tuesday, March 26, 2014 Pate 4 of 7 Chair Donaldson called for board members to disclose any ex parte communication, hearing none, called on the Deputy Town Clerk to administer the oath to all those who would testify. Staffs Presentation: Building Official Michael Desorcy — The petitioner is requesting to lengthen the pool by 5', which will encroach into the setback by 5'. The pool deck will not affect the side setbacks. Member Leinson — Is the request to also move the pool deck out by 5'? BO Desorcy — I don't believe so. I discussed this with Mr. Brewer before the meeting and he said that it would not affect the side yard setback, just the pool itself. Member Leinson — Are they eliminating the pool deck? BO Desorcy — It is not eliminated; it is not encroaching beyond the 4' from the property line that is allowed by code. Member Leinson — Do we know the overall length of the pool as approved on the plans? Petitioner's Presentation: Architect Brewer — The pool is 38' 10 ". The pool deck is four feet from the property line. That is the current condition, which makes that from the edge of the pool to the pool deck (approximately) 6'. We are going to slide the pool to the south by 5' and the pool deck will not be moved. The hardscape (the flat area of the backyard) on the north side there is an under -cover loggia, and on the south side is a pool and pool deck. Building on the beach is very complex, difficult, and site restrictive. The buildable area is 60'x76'. The gentleman that is going to be living there is 80 years old, and he had heart issues a few years back. He has had multiple artery bypasses. You have the letters from the doctor that he has been prescribed to this type of therapy. He currently uses a pool that has a certain length to it. When we calculated the length of this pool, he was very unhappy and was concerned if he would be able to do his routine. He is addicted to this routine; he does it twice -a -day every day. It has helped him a lot medically. I have been with him for over a year and I have watched him improve quite a bit. The pool is a big deal for him. The pool is flat. It is not projecting up, no one will notice it — rather than cement pavers, we are replacing it with a body of water. The neighbor to the south also has a therapy pool. He has the benefit of having a larger pool because of the nature of his property. This property is only 100' wide and a lot of the properties area 125'. If we had the 125', then we would not be before the Board today. It is narrow for a site, and with the DEP regulations make is narrower. The purpose of this request is medical only. He walks it. It is not a swimming pool because it has different tiers and different walking tracks. It is not going to be a swimming pool. It is strictly for health improvement. Member Rodis — Do we have any prior conditions of approval for the neighbor to the south, who has a pool? BO Desorcy — I don't know as I have never been on the property. Mr. Stewart — I had to put a pool in for my wife for similar reasons. I have no problem with the length. My concern is what happens from the east with surge waters. Member Weitz — What was the length of the pool? Arch. Brewer — Right now it is 38'10", and the request is for 42'6 ". Member Weitz — In the medical letter, they Board of Adjustment & Appeals Regular Meeting Tuesday, March 26, 2014 Paze 5 of 7 recommended a pool length of 50' and the request is 42'. If 50' was recommended for his therapeutic exercising program and that cannot be met for a number of reasons, the 42' is below the recommendation, how does the extra 5' change the exercise program when the physician was recommending 50'? Arch. Brewer — The physician recommended 50' but my client uses a 100' lap. If you take 42 and times it by two, plus the width, equals 100'. For him it is so many steps per lap. If you have ever swum in a lap pool, 75' is the minimum. If you are a swimmer and it is 73', you know it — you will hit the wall to soon because your rhythm is completely off. He is used to 100' and if we get that extra 5', then it will be exactly what he needs. Member Leinson — Is the ool deck the same elevation as p the first floor. Arch. Brewer — It is 4" to 6" inches below the first floor. There is a step when you go outside of the house. The pool and the deck are the same level; there is no raised coping. Chair Donaldson — We have a set number of criteria that we have to go through in evaluating variances. The first criteria relates to special conditions that exists which are peculiar to the land, structure, or building. I understand that we are looking at a personal hardship. How does any of this relate to the physical structure or the property to justify the variance? Arch. Brewer — The width of the property overall is smaller than the typical ocean front property. This property came with a restriction from when it was originally platted from the standard width. With the setbacks being j what they are, the 12' on either side does not give you enough room. The width of the house is 60' and most pools that we do are 60'. In this case, we had to tuck the pool in front of his bedroom to get it to work. In fact, we had to eliminate a living room to get it to work. He was willing to give up a floor plan that works better in order to have the basics — a small family room, a kitchen and his bedroom on the ground floor. Chair Donaldson — Is it safe to say that this issue came up after the design of the house? Arch. Brewer — The length of it came up. He was always disappointed that we couldn't do it. As we were designing, we kept trading off space. The family room got so small, which is the only public room in the house as the others are bedrooms. It was a tradeoff. Chair Donaldson called on the public for any comments or statements, in which there were none. BO Desorcy — For clarification, how deep is the pool? The plans show 3'8" on the outside; 4'4" on the mid - level; and 4'10" at its deepest point. Arch. Brewer — Those numbers are correct. Those are resistance levels for walking, so the deeper he goes there is more resistance. It is designed like a running track under water, and the water is creating the resistance. Chair Donaldson — Have you given any consideration of mechanical means of therapy in a smaller footprint? Arch. Brewer — I have spoken to my client about that as well. There are all types of devices that are available like the pools that have the currents, devices that you attach to yourself to get resistance, but he finds that none of them have worked. In his walking, he uses his hands as well. It gives him the best amount of resistance. If you are at home on a stationary bicycle versus being on AIA on a Board of Adjustment & Appeals Regular Meeting Tuesday, March 26, 2014 Pame 6 of 7 real bicycle, there is a tremendous amount of difference in the exercise level that you are getting. Finally to answer your question, it has been considered. Chair Donaldson — Is this a medically supervised therapy or is this individual on his own? Arch. Brewer — It is done individually. He receives regular check -ups. This is his only exercise. His circulation is coming back and he is making an improvement. It is not supervised by anyone medically. Chair Donaldson declared the public hearing closed at 2:21 PM. Board Discussion: Vice Chair Axelrod — I believe this is a case of a hardship. The next door neighbor has no objections at all; nobody seems to object. It is not going to be high; it is not creating any problems. I think this is a perfect situation for a variance. Member Weitz — I am certainly aware of any concerns, in terms of variance, in regards to setting precedence for other future projects as it is always a concern. In this specific instance, I considered the following: 1) the age of the applicant; 2) the nature of how he is moving there; 3) the reasons for living there; and 4) legitimate medical documentation. Clearly what this small amount of distance may do for his health and living situation, I would be inclined to support the variance. Recognizing that any variance needs to be documented clearly and has to be individually determined and not set precedence for any and all in the future. Member Rodis — I am impressed that the next door neighbor has agreed that it will not be a hardship for him. I also am inclined to support the variance on its medical documentation and I wish the resident well. Secretary Weiss — I totally agree. MOTION: Vice Chair Axelrod moved to approve the request for variance at 3719 j South Ocean Blvd., Highland Beach. Member Rodis seconded the motion. Roll Call: Vice Chair Axelrod - Yes Member Rodis - Yes Member Weitz - Yes Member Leinson - Yes Secretary Weiss - Yes Chair Donaldson - No Motion carried 5/1. Board of Adjustment & Appeals Regular Meeting Tuesday, March 26, 2014 Paze 7 of 7 10. ADJOURNMENT: Being no further business, Chair Donaldson called for a motion to adjourn the meeting at 2:24 PM. MOTION: Member Weitz moved to adjourn the meeting at 2:24 PM. Secre Weiss seconded the motion, which passed unanimously. APPROVED: Barry Donaldson, Chair Barry Axelrod, Vice Vair Secr Lary , Joe einson, Board Member Abs t an Pe lman, odrd ember TOWN SEAL P ter Rodis, Board Mem William Weitz, Board Member ATTESTED: Valerie Oakes, CMC Deputy Town Clerk Date: 1 ) / / �1