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1990.10.17_TC_Minutes_Specialf ~~ TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission SPECIAL MEETING Wednesday, October 17, 1990 10:00 A.M. Mayor Joseph A. Boulay called the Special Meeting of the Town Commission of the Town of Highland Beach, Florida, to order in the Commission Chambers at Town Hall at 10:00 A.M. Also present were Vice Mayor Bill Paul, Commissioners Marvin A. Waldman, Betty Jean Stewart and Harold C. Chambers. Others in attendance were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Town Clerk Anne M. Kowals, Rothco Corporation Presi- dent Mark Rothenberg, and members of the general public. Mayor Boulay noted the Special Meeting, (called for by Commissioners Waldman, Stewart and Chambers) was scheduled for the purpose of readdressing Town Commission approval of October 03, 1990, granting permission for a sales trailer on Town Lot 90, 3425 South Ocean Boulevard, requested by Mark Rothenberg of Rothco Corporation. The Mayor further noted that, following discussion of the matter at the October 03, 1990 Town Commission Regular Meeting, a Motion was made to permit the placement of the sales trailer on Mr. Rothenberg's property. It was noted that, with regard to the property under discussion, the Town received numerous complaints relating to the delapidated and hazardous condition of the structure which has now been demolished pursuant to issuance of a demolition. permit. Following discussion of the matter, COMMISSIONER CHAMBERS (noting that he and Commissioner Waldman made the motion at the October 03, 1990 Regular Town Commission Meeting) MOVED to rescind the action of October 03, and discuss the proper procedures for Mark Rothenberg to go through (the proper steps) regarding his request relating to a sales trailer placement on Town Lot 90. COMMISSIONER WALDMAN SECONDED said MOVE. A roll call vote resulted as follows: Vice Mayor Paul "NAY" Commissioner Chambers "AYE" Commissioner Stewart "AYE" Commissioner Waldman "AYE" Mayor Boulay "NAY" A discussion regarding proper procedures relating to Mark Rothenberg's request ensued. The Town Attorney, noting that others have expressed the feeling that the proper procedure is a 'Special Exception' and indi- cating that he does not necessarily agree, stated the main concern is that the aforementioned permit should not be issued prior to a building permit. It was noted that a demolition permit (issued for the property under discussion) may qualify as a building permit which would satisfy this concern. The Commissioners, concerned with what will happen with that site, agreed to have Mr. Rothenberg explain how he will treat the property. • Town Commission Special Meeting Minutes October 17, 1990 Page 2 of 4 Mr. Rothenberg informed the Town Commission that plans, submitted to the Building Department, include parameters for the Community Appearance Board. Noting he wants to enhance the site, Mr. Rothenberg informed the Members of the Town Commission that he will obtain the necessary permits for the sales trailer; and, prior to getting the c/o for the sales trailer (which will be habitable), the landscaping (i.e. ground cover, trees, irrigation, etc., according to the Town's Building Code), will have to be done and completed before anyone can use said trailer. Mr. Rothenberg advised that his next step is Community Appearance Board approval of the aesthetics (color, trees, ground cover, irrigation, etc.); the next day, following said approval, he will be able to obtain the permit for his sales trailer which is critical for the project. Mr. Rothenberg questioned why he should be victimized for any error on the Town's part. The Building Official, noting that the architectural plans submitted for Mr. Rothenberg's project indicate what he presented, (the area would be completely sodded, irrigated, etc.), reviewed said plans prior to sending them to the Community Appearance Board. When questioned as to why he did not issue the requested permit, the Building Official replied that it is not clear if the term building permit includes demolition • permit. The Building Official, noting that under the Southern Standard Building Code a demolition permit is indicated to be a building permit, requested clarification of the Town's Zoning Ordinance regarding this matter. The Town Attorney was requested to prepare for the October 30, 1990 Workshop Meeting an amendment ordinance to Chapter 30 (Zoning Code) clarifying whether a "demolition permit" is to be deemed a building permit. During dicussion, when Commissioner Chambers took exception to Mr. Rothenberg's comment regarding his being victimized, Mr. Rothenberg responded that, for the record, he objected to this procedure as he may suffer as a result of any mistake on the part of the Town. Commissioner Stewart, noting there are two means of handling the matter (namely a variance procedure or Special Exception procedure), stated she would choose the Special Exception category; the matter could be heard by the Planning Board on October 31, and the Community Appearance Board Meeting, which is not affected by this situation, would remain in place as scheduled to address the matter under procedure of a temporary structure. Upon an inquiry by the Mayor as to whether the other alternative of having the Building Official handle this matter would be feasible, the Town Attorney noted his feelings that from a legal standpoint there would be no problem with the Building Official exercising his administrative discretion in granting a permit as this matter does not really fit into either the variance or special exception category. Further, it would be reasonable to allow the Building Official to issue a permit subject to Community Appearance Board approval and Mr. Rothenberg's agreeing to landscape the property according to the Town's Zoning Code. fi • Town Commission Special Meeting Minutes October 17, 1990 Page 3 of 4 When the Commission expressed a concern as to what would happen to the site should the project not go forward, Mr. Rothenberg advised that he would be willing to meet a minimum standard from the Town Commission. Mr. Rothenberg further advised that he appreciates what has been done; he will cooperate with the Town at all times and accommodate the Town's request regarding the concern of the "sand pile" on the lot if he does not build. Upon Town Attorney Sliney's questioning Mr. Rothenberg if he would be willing to have this requirement of keeping the lot sodded as a condition on his permit, Mr. Rothenberg responded that he would. Mr. Rothenberg noted that he understands the position of the Town. The Building Official informed the Town Commission that he has received a complete plan showing the entire lot is sodded, the parking area is black topped and enclosed by required covering; the actual area of the sales trailer would be the only area that would have to be reseeded and maintained. .Town Manager Mariano noted that we have to address what are minimum standards for a vacant lot. The Building Official advised that Mr. Rothenberg would need a complete landscape plan for a vacant lot, ap- proved by the Community Appearance Board. If installation of the land- scaping is not done within thirty (30) days, Mr. Rothenberg will have to submit another plan for approval by the Community Appearance Board. The Town Manager noted that if Mr. Rothenberg fails to install the required landscaping, the Town will have it done and charge Mr. Rothenberg for the work. The Town Attorney noted that if Mr. Rothenberg does not do what is required, the matter may be treated as a Code Enforcement Board violation and the Town will be able to fine Mr. Rothenberg; it would be a code violation subjecting Mr. Rothenberg to any penalties under the Code Enforcement Board. Mr. Rothenberg acknowledged and agreed to Code Enforcement jurisdiction. Mr. Mark Rothenberg advised that he did not have any problems with regard to the minimum standards for a vacant lot as outlined above. In reviewing the events that occurred at this Special Meeting, Mr. Rothenberg noted that on October 25, he would go before the Community Appearance Board for approval of the plans submitted to the Building Department. In the event that he is in compliance with the Community Appearance Board, he will be able to receive the building permit for the sales trailer from the Building Official (as discussed) with the stipulation to the permit. Mr. Rothenberg has 30 days from that point to complete the items pursuant to his approved site plan. If not com- pleted within 30 days, he will submit a landscape plan for minimum standard for Xeriscape landscaping on the vacant lot; otherwise, he may be subject to Code Enforcement Board violation with the Town having the alternative to come in to do the minimum standard landscaping on the vacant lot and place a lien on the property. • .~ • Town Commission Special Meeting Minutes October 17, 1990 Page 4 of 4 There being no further business to come before the Town Commission at this Special Meeting, upon proper MOTION, Mayor Boulay adjourned same at 10:45 A.M. APPROVED: se~h A. Boulay, Mayor Sill Paul, Vice Mwa~or r [J~C-~ Marvin A. Wildman, Commissioner Bett~,Ye,~h ,S't~y~~`,/Commissioner . Chambers, Commissioner ATTES Date: