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2014.11.17_BAA_Minutes_Special o:'•. TOWN OF HIGHLAND BEACH s �'• _ MINUTES OF THE �ti *•'•- •'* = BOARD OF ADJUSTMENTS & APPEALS SITE VISIT MEETING Monday, November 17, 2014 9.30 AM Members Present: Chair Barry Donaldson, Secretary Evelyn Weiss, Board Member Joel Leinson, Board Member Bryan Perilman, Board Member Peter Rodis and Board Member William Weitz. Member Absent: Vice Chair Barry Axelrod (excused). Also Attending: Town Attorney Leonard Rubin, Building Official Michael Desorcy, Acting Town Clerk Valerie Oakes, and members of the public. 1. CALL TO ORDER Chair Donaldson called the site visit meeting to order at 9:30 AM at Site #1 — 3200 S. Ocean Blvd., Highland Beach followed by a Roll Call taken by Acting Town Clerk Valerie Oakes. 2. INSPECTION• Chair Donaldson — The purpose today is to inspect two properties subject to a hearing on Wednesday, November 19 . We are now at site #1 - 3200 S. Ocean Blvd. The purpose of this is to garner information of the site itself. • Site #1 — 3200 S. Ocean Blvd., Highland Beach: Site Visit Discussion: Petitioner Presentation: In attendance on behalf of this variance request were Robert McCoy, Seagate Construction (Petitioner); Pablo Burgos, Architect, Kobi Karp Architecture; and Charlie Isiminger, Coastal Engineer, Isiminger & Stubbs Engineering. The Petitioner provided plans that are attached as Exhibit `A', which included site plans of what was originally approved and what was being petitioned. Mr. McCoy explained the different colored stakes that were in the ground on the property. The yellow stakes in the front represent the property line as seen on the survey. The orange stakes are placed where the front of the Porte Cochere is to be placed. The petition for variance is to allow the Porte Cochere inside the front setback. Mr. McCoy continued to explain what was previously approved on the site plans and also showed what was now being proposed. The proposed Porte Cochere has been shortened from what was originally approved. As a result of the protected wetlands, the building cannot be moved any further west as it is right along the drip line. The building will be closer to the street. The pool that was originally behind the building had to be eliminated and now is shown on the plans as being on top of the roof. Board of Adjustment & Appeals Site Visit Minutes Monday, November 17, 2014 PaLye 2 of 4 Board Member Rodis questioned where the parking would be. Mr: McCoy stated that there would be 40 parking spaces below the building, which is two feet above the water table. Mr. Burgos explained the traffic flow as there will be at least three cars between the gate and the road; in addition, there are two parking spaces in the front and the Porte Cochere allows for vehicles to loop back around. Public Comments: Joe Barrell, 3114 S. Ocean Blvd. asked for a confirmation of the variance request and asked what is owned by right. Mr. McCoy stated that the petition is to build a portion of the Porte Cochere into the front setback. Sally Sorano, 3114 S. Ocean Blvd. questioned if the variance request was to change the footprint of the building, or just the location of the Porte Cochere. Mr. McCoy explained that the only thing encroaching into the setback is the Porte Cochere. There is not an issue with moving the building east; however, this has resulted in the building encroaching in front of the setback line. Ms. Sorano asked if the height of the Porte Cochere was changing. Mr. McCoy confirmed that the height was not changing. Due to inclement weather, the Board, staff, petitioner and public moved to the onsite construction trailer to continue the meeting. Ilene Mendelson, 3740 S. Ocean Blvd. wanted clarification on the permits, and questioned if since the permit approval, was there a change with the South Florida Water Management District or other State agency that now required you to move the building. Mr. Isiminaer confirmed that there was a change. Since the previous permits had expired, they applied for new permits. The regulations had become even stricter at that time. Also, the wetlands have even encroached landward of the fence. Ms. Mendelson stated that the Highland Beach permit stayed in effect, but the coastal permits did not. Mr. Isiminger confirmed that she was correct. Board Member Perilman asked how far back the building would be from the existing tree line. Mr. McCoy explained that is would be touching the red stake line; under the canopy of the tree line. Sally Sorano, 3114 S. Ocean Blvd. questioned if the petitioner had taken into consideration the site lines of those who would be driving out from the Monterey House. The building looks further east and it is a concern that the building would be in the way. Mr. McCoy confirmed that everything has been cleared architecturally. Ms. Sorano stated that on the plans, it appears that the sidewalk is moved. Mr. McCoy confirmed that they are not moving the sidewalk, and that on their property the sidewalk does not continue in a straight line; what is shown on the plans is what exists. Chair Donaldson stated that the site visit for 3200 S. Ocean Blvd. was complete. The Board and staff left the property to visit site no. 2. Board of Adjustment & Appeals Site Visit Minutes Monday, November 17, 2014 Page 3 of 4 • Site #2 — Golden City — South Ocean Blvd., Highland Beach (Parcel No. 24- 4347 -04 -00 - 001 -0030) Property located south of Toscana — Site Visit Discussion: Chair Donaldson called on Acting Town Clerk Valerie Oakes to call the roll at Site #2. Members Present: Chair Barry Donaldson, Secretary Evelyn Weiss, Board Member Joel Leinson, Board Member Bryan Perilman, Board Member Peter Rodis and Board Member William Weitz. Member Absent: Vice Chair Barry Axelrod (excused). Also Attending: Town Attorney Leonard Rubin, Building Official Michael Desorcy, Acting Town Clerk Valerie Oakes, and members of the public. Petitioner Presentation: In attendance on behalf of this variance request were Samuel Swerdlow, Golden City Highland Beach, LLC (Petitioner) and Nathan Nason, Esq., Nason, Yeager, Gerson, White & Lioce, P.A. Mr. Swerdlow described the variance he is requesting. He is asking for full density to build 44 units. Most of the land is covered by wetlands and the only way he could achieve density is to build vertically. Board Member Rodis asked when the property was purchased. Mr. Swerdlow stated that he bought the property in 2012. Mr. Nason stated that all questions will be addressed at the hearing, and he prefers that his client not be questioned at this time. All questions regarding the petition would be addressed at the Public Hearing. Board Member Leinson asked if they staked out the property lines. Mr. Swerdlow stated that a survey has been provided to Building Official Michael Desorcy and any questions should be addressed to him. Board Member Leinson quested if markers were planted in the ground for the Board to see since as this is a site inspection. Mr. Swerdlow indicated that markers would have been put in the ground for the survey, and suggested that they could have been washed away by the rain. Chair Donaldson stated that the site visit for Golden City was complete. 3. ADJOURNMENT: Being no further business, Chair Donaldson called for a motion to adjourn the meeting at 10:04 AM. MOTION: Member Rodis moved to adjourn the meeting at 10:04 AM. Secretary Weiss seconded the motion, which passed unanimously. Board of Adjustment & Appeals Site Visit Minutes Monday, November 17 2014 Page 4 of 4 Z 4- /' /0�' - APPROVED: Aw Barry DonalTson, Chair Absent Barry Axelrod, Vice Chair e yn W , Secretary TOWN SEAL � Joel einso oard Mem f . Bry e* oard e ATTESTED: - Pete Rodis, Board Member Valerie Oakes, CMC William Weitz, Board Member Acting Town Clerk Date: Cs �a