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2017.09.19_BAA_Minutes_RegularTOWN OF HIGHLAND BEACH (c)) MINUTES OF THE BOARD OF ADJUSTMENT AND APPEALS REGULAR MEETING Tuesday, September 19, 2017 Chair Barry Axelrod called the Board of Adjustment and Appeals Regular Meeting of Tuesday, September 19, 2017, to order at 9:30 A.M. in Commission Chambers. Roll call was taken followed by the Pledge of Allegiance. 1. CALL TO ORDER: Members Present: Board Members; Donald "Don" Gill; Barbara Penn; Bryan Perilman; Ilyne Mendelson, Thomas "Tim" Bumich and Chair Barry Axelrod. Members Absent: Member Joel Leinson. Also Attending: Town Attorney Leonard Rubin, Building Official Valentino Perez, Commissioner Rhoda Zelniker, Commissioner Elyse Riesa, Mayor Carl Feldman, Deputy Town Clerk Terisha Cuebas and members of the public. Deputy Town Clerk Cuebas advised that Member Leinson notified her that he would not be able to attend the meeting. The board members passed a unanimous vote to excuse his absence. Chair Axelrod welcomed new members Tim Bumich and Ilyne Mendelson. 2. INSPECTION: The Board of Adjustment and Appeals shall, as part of the public meeting, conducted a site inspection of the property located at 1023 Russell Drive, Highland Beach, FL. All members of the public and interested parties were invited to attend the site inspection. The board left the Commission Chambers at 9:34 AM to visit the site. 1023 Russell Drive, Highland Beach, Florida — Site Visit Discussion: Member Bumich questioned the applicants about the sale of the home and clarified that the sale of the home is contingent upon the granting of the variance. Member Perilman inquired about how many units currently exist at the property. David Goldbere advised there is 1 unit at the bottom and 2 at the top. Member Perilman inquired when the property was built. Applicant David Goldberg stated the home was built in 1977. Member Bumich advised his property across the street was constructed in 1974 and the property at 1023 Russell Drive had to have been built after that time. Discussion ensued regarding the code change relating to the zoning requirements for the property Board of Adjustment and Appeals Regular Minutes Tuesday, September 19, 2017 Page 2 of 6 3. RECONVENE MEETING: Chair Axelrod reconvened the meeting at 10:00 AM in the Chambers. Members Present: Board Members; Donald "Don' Gill; Barbara Penn; Bryan Perilman; Ilyne Mendelson, Thomas "Tim" Burnich and Chair Barry Axelrod. Members Absent: Member Joel Leinson. Also Attending: Town Attorney Leonard Rubin, Building Official Valentino Perez, Commissioner Rhoda Zelniker, Commissioner Elyse Riesa, Mayor Carl Feldman, Deputy Town Clerk Terisha Cuebas and members of the public. �W-11 1] 04II10ellm 11"DV I CeRfrel l7T4101 DI 61KU 9III) ,'tea " ►-I IXT Deputy Town Clerk Cuebas made the following announcements: • Town Commission First Public Budget Hearing Meeting tonight, September 19, 2017 at 5:01 PM. • Town Commission Workshop Meeting on September 26, 2017 at 1:30 PM. • Town Commission Second Public Budget Hearing Meeting on September 23, 2017 at 5:01 PM. • Town Commission Regular Meeting on October 3, 2017 at 1:30 PM. • Town Hall will be closed on October 9, 2017 in observance of Columbus Day. • Planning Board Regular Meeting on October 11, 2017 at 9:30 AM. • Board of Adjustment and Appeals Regular Meeting on October 17, 2017 at 9:30 AM (Tentative). I will reach out to all members to confirm their availability and based upon reaching a quorum, we will have a regular meeting on that day. The Agenda was accepted as presented. 5. PUBLIC COMMENTS AND REQUESTS: There were no public comments. 6. PRESENTATIONS: None. 7. APPROVAL OF MINUTES: • December 20, 2016 — Regular Meeting Chair Axelrod called for a motion to approve the minutes from the December 20, 2016 Regular Meeting. MOTION: Member Perilman moved to approve the minutes of December 20, 2016, Regular Meeting as presented. Member Gill seconded the motion, which passed unanimously. Board of Adjustment and Appeals Regular Minutes Tuesday, September 19, 2017 Paee 3 of 6 8. OLD BUSINESS: None. 9. NEW BUSINESS: A. Variance Request: 1023 Russell Drive— Public Hearing APPLICATION #17-0512 — RELIEF FROM TOWN OF HIGHLAND BEACH ZONING ORDINANCE, SECTION 30-64 (A) COMPLIANCE, TABLE 30-2 "MAXIMUM LOT COVERAGE" REQUIRED TO BE 30%. ALSO, SECTION 30- 65 TABLE 30-3 MINIMUM DWELLING UNIT STANDARD AS IT RELATES TO UNIT SQUARE FOOTAGE MINIMUM REQUIREMENTS. NEW THREE- STORY, RESIDENTIAL MULTIPLE FAMILY LOW DENSITY WITH ATTACHED GARAGE AND SWIMMING POOL CONSISTING OF: TOTAL 4398 SQUARE FEET. APPLICANT: David & Joyce Goldberg The members were asked to disclose any ex paste communication. Member Penn recused herself from voting and participating in the discussion regarding the application due to a friend and business relationship with the applicant. Chair Axelrod called on the Deputy Town Clerk to administer the oath to all those who would be giving testimony. Chair Axelrod closed the regular meeting and opened the Public Hearing at 10:36 AM. Staff Presentation: Building Official Perez provided testimony with reference to the application and presented the findings of the Building Department. The applicant is requesting relief from Section 30-64 (A) Compliance, Table 30-2 and Section 30-65, Table 30-3 of the Town of Highland Beach's Code of Ordinances. The new three-story multiple family low density with attached garage and swimming pool does not meet the requirements outlined in the Code of Ordinances and therefore would need approval from the board. Member Mendelson questioned Building Official Perez about the lot coverage of the existing building compared to the proposed building. Building Official Perez clarified that the new residence would over 39% of the lot which is 9% over the maximum lot coverage outlined in the Code. Discussion ensued with regard to the number of bedrooms that are proposed in the new three story multiple family unit and the coverage of the lot by the existing structure. Member Burnich questioned Building Official Perez regarding the new building's proposed pools, setbacks and height. Building Official Perez advised that the pools, Board of Adjustment and Appeals Regular Minutes Tuesday, September 19, 2017 Page 4 of 6 setbacks and height ofthe new building will be in compliance with the Town of Highland Beach Code of Ordinances. Discussion ensued with regard to why the Code changed. Attorney Rubin inquired about the applicants need for a variance with regard to the density ofthe property. Building Official Perez advised that the lot coverage is the only variance the applicant would need. Petitioners Presentation: Jeffrey Silberstein with Silberstein Architecture provided testimony and a PowerPoint presentation with regard to the new proposed structure. He advised that the new structure meets all the requirements outlined in the Code with regard to the pool setbacks, perimeter setbacks and height requirement. He clarified that the current structure is set as a low -density property which would only allow for 1 %2 units however if it were to change to a medium density, that would allow for a sufficient amount of square feet to build the structure with 3 units. He clarified that each unit has 3 bedrooms and advised the difference in lot coverage between the existing structure and the new proposed structure. Mr. Silberstein provided the board members with aerial pictures of 1015 and 1022 Bel Air Drive which outlined the lot coverage of the two properties. Public Comments: Greg Boan. 1101 Russell Drive, read letters from multiple property owners within close vicinity to the applicant's property, expressing their opposition to the new property being developed. At Mr. Boan's request Deputy Town Clerk Cuebas read page 5 of the Variance application, which was submitted to the building department, into the record. Mr. Boan expressed his belief that the zoning is important to regulate the proper use of land, preserve property values and the integrity of the neighborhood. He expressed his concerns with the setbacks and the damage they could potentially cost for the neighborhood as seen with a few properties on Bel -Air Drive which were granted a variance for setbacks. Ken Bovarsky 1105 Russell Drive, has invested over $70,000 into his home and expressed his concern with the applicant's statement regarding the need for improvements to other properties on Russell Drive. He advised that the schematic drawings submitted so no reference to the mechanics of the structure, which poses a concern with regard to the placement of three air conditioners and the potential noise. Ira Oaklander, 1000 Russell Drive, questioned why the zoning changed in the first place and expressed that if this variance is granted then the code should be updated. Lindsay Trivento. 1103 Russell Drive, advised they have made upgrades to their home and the applicant's statement regarding the need for improvement in the neighborhood is not accurate. She opposed a building of this magnitude being constructed as it would take away from the charm and the tone ofthe community. Board of Adjustment and Appeals Regular Minutes Tuesday. Sentember 19.2017 Pace 5 of 6 Board Discussion: Member Mendelson questioned Mr. Silberstein with regard to the size of the units. Mr. Silberstein clarified that the site plan provided only outlines the square feet of the 1 n floor of each proposed unit. Chair Axelrod expressed that in order for the Board to approve a variance request there must be a hardship and to this time, there has been no mention of a hardship from the applicant. Mr. Silberstein advised that 1020 Bel -Air had a similar request that was taken before the Board. Chair Axelrod explained each variance is treated on its own and past applications does not mean that each application will be granted in the same manner. Attorney Rubin clarified that the code specifically says you cannot use other non - conformities to grant a variance. Member Perilman questioned Mr. Silberstein as to what is the difference with regard to the footprint ofthe existing building in comparison to the new structure. Mr. Silberstein advised the existing building is about 2,400 square feet and the new building is 4, 398 square feet. Chair Axelrod declared the Public Hearing closed at 10:45 AM. Chair Axelrod called for a motion to approve or deny the variance request with regard to the construction of a new 3 story, 3 unit building at 1023 Russell Drive. MOTION: Member Mendelson moved to deny the variance request to construct a new 3 story, 3 unit building at 1023 Russell Drive. Motion was seconded by Vice Chair Perilman. Roll Call: Member Gill Yes Member Mendelson Yes Member Penn Recused Member Burnich Yes Vice Chair Perilman - Yes Chair Axelrod Yes Motion carried 5-0. Board of Adjustment and Appeals Regular Minutes Tuesday, September 19, 2017 Page 6 of 6 10. ADJOURNMENT There being no further business to come before the Board, Chair Axelrod called for a motion to adjourn. MOTION: Member Burnich moved to adjourn the meeting at 10:46 AM. Member Gill seconded the motion, which passed unanimously. APPROVAL: B Axelrod, Chair SEAL: ATTEST: elda Gaskins, MMC Town Clerkl,, Date: &I. 17do � I 7