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2017.10.17_BAA_Minutes_Regular- TOWN OF HIGHLAND BEACH BOARD OF ADJUSTMENT & APPEALS REGULAR MEETING MINUTES Town Hall / Commission Chambers Date: October 17, 2017 3614 South Ocean Boulevard Time: 9:30 AM Highland Beach, Florida 1. CALL TO ORDER: Vice Chair Perilman called the Board of Adjustment and Appeals Regular Meeting of Tuesday, October 17, 2017 to order at 9:30 A.M. in Commission Chambers. Roll call was taken followed by the Pledge of Allegiance. MEMBERS PRESENT UPON ROLL CALL: Member Donald "Don" Gill Member Ilyne Mendelson Member Barbara Penn Member Thomas "Tim" Burnich Vice Chair Bryan Perilman Town Attorney Leonard Rubin MEMBERS ABSENT: Member Joel Leinson 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. 2. INSPECTION: The Board of Adjustment and Appeals, as part of the public meeting, conducted a site inspection of the property located at 4400 Tranquility 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. 4400 Tranquility Drive, Highland Beach, Florida — Site Visit Discussion: Member Mendelson asked if the architect could explain the proposed plans to give the Board members a visualization what is to be constructed. Shaun Kogut, Green Design explained the proposal is to completely gut the existing property and renovation to include a small extension from the back of the structure. He Board of Adjustment and Appeals Regular Minutes Tuesday, October 17, 2017 Page 2 of 6 explained the addition will be a small storage, outdoor kitchen and outdoor seating area. The roof overhang of the new proposal will extend about 10 feet into the 20 -foot setback and that is the reason the request for a variance has been filed with the Board. Mr. Kogut measured the 10 -foot setback to show the Board members where the encroachment would be under the new structure. Member Mendelson questioned if the structure will be enclosed or will it be an overhang outside. Mr. Kogut confirmed it is an outside overhang. He confirmed 90% of the structure is outside and there is a small percentage of space that will be a storage room. Within that storage space there is 40.1 square feet that is unencumbered space. Mr. Koh demonstrated to the members approximately where the structure would encroach the setback and discussion ensued with regard to the overhang. Member Burnich questioned about the existing landscape and what would the new proposed landscape consist of. Mr. Kogut advised the current landscape would be removed and replaced with new landscaping such as box wood hedges to give a more privacy to the back of the home. Mr. Kogut concluded the inspection with providing information with regard to the reason the variance is being requested. He advised that the lot is oddly shaped as it follows the contour of the existing seawall. Member Mendelson questioned if there was anywhere else on the property that the structure could be built that would not encroach the necessary 20 -foot setback. Mr. Kogut advised as the lot is oddly shaped, if the structure were to be built on either side of the house, it would encroach the setback as well. Discussion ensued with regard to the public notices sent to the neighboring property owners and potential opposition to the variance request by any residents. Deputy Town Clerk Cuebas confirmed that all property owners within 300 feet were noticed via Certified mail, the public notice hearing sign was posted on the property 7 days prior to the meeting and there were no letters of opposition or support received by the Clerk's Office pertaining to the variance request. Board of Adjustment and Appeals Regular Minutes Tuesday, October 17, 2017 Page 3 of 6 3. RECONVENE MEETING: Vice Chair Perilman reconvened the meeting at 10:00 AM in the Chambers. MEMBERS PRESENT UPON ROLL CALL: Member Donald "Don" Gill Member Ilyne Mendelson Member Barbara Penn Member Thomas "Tim" Burnich Vice Chair Bryan Perilman Town Attorney Leonard Rubin 4. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Deputy Town Clerk Cuebas made the following announcements: Community Event — Inter -Faith Service and Prayer Unity — Tomorrow, October 18, 2017 at 3:00 PM at St. Lucy's Catholic Church Town Commission Workshop Meeting — October 31, 2017 — 1:30 PM The Agenda was accepted as presented. 5. PUBLIC COMMENTS AND REOUESTS: There were no public comments. 6. PRESENTATIONS: None. 7. APPROVAL OF MINUTES: • September 19, 2017 — Regular Meeting Member Burnich advised there were some administrative errors on the minutes. Depuly Town Clerk Cuebas confirmed that the changes have been made and all the Board Members were provided a copy of the updated minutes. Vice Chair Perilman called for a motion to approve the minutes as amended from the September 19, 2017 Regular Meeting. MOTION: Member Burnich moved to approve the minutes of September 19, 2017, Regular Meeting as presented. Member Mendelson seconded the motion, which passed unanimously. Board of Adjustment and Appeals Regular Minutes Tuesday, October 17, 2017 Page 4 of 6 8. OLD BUSINESS: None. 9. NEW BUSINESS: A. Variance Request: 4400 Tranquility Drive — Public Hearing APPLICATION #17-0696 — RELIEF FROM THE HIGHLAND BEACH ZONING ORDINANCE, SECTION 30-64, TABLE 30-2, WHICH STATES REAR YARD SETBACKS MUST BE 20 FEET. THE APPLICANTS REQUEST IS TO REDUCE THE REAR PROPERTY SETBACK TO 10'-0" OF THE EXISTING SINGLE-FAMILY RESIDENCE, TO ADD TO THE USABILITY OF THE EXISTING RESIDENCE. TOTAL AFTER RENOVATION: 4212 SQUARE FEET. APPLICANT: Edward and Natasha Moore The members were asked to disclose any ex parte communication and no members disclosed any. Vice Chair Perilman called on Deputy Town Clerk Cuebas to administer the oath to all those who would be providing testimony. Vice Chair Perilman closed the regular meeting and opened the Public Hearing at 10:03 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 of the Town of Highland Beach's Code of Ordinances. The applicant is requesting to reduce their rear property setback to 10' of the existing single-family residence to add to the usability of the property. Member Mendelson asked why Building Official Perez recommended the Board to approve the application. Building Official Perez advised that he has seen other properties with similar lot shapes granted the setback variance. Discussion ensued with regard to the existing setbacks within the neighborhood and the previous variances that may have been granted. Town Attorney Rubin reiterated that other variances that were previously granted have no bearing on this case. Each application is treated as a standalone matter. Board of Adjustment and Appeals Regular Minutes Tuesday, October 17, 2017 Page 5 of 6 Petitioners Presentation: Shaun Koaut, with Green Design, provided testimony on behalf of the applicant with regard to the new proposed structure and the setback encroachment. He advised that because the lot is a corner lot and oddly shaped in order to complete a total renovation and increase the usability of the property the 20 -foot setback which is required by the Code, is restrictive. He stated that his company has tried multiple different designs and ways to design a new structure within the 20 -foot setback but nothing was able to work due to the radius of the corner lot. The proposed changes would increase the property value with comparison to the other homes within the neighborhood. Member Burnich questioned Mr. Kogut about the square footage outlined on the site plan that would encroach the setback. Member Mendelson questioned about the hard ship of the applicant with regard to the renovation. Ed Moore, Property Owner, provided comments with regard to the reason he requested the variance and advised that most properties in his neighborhood have been upgraded so he is essentially keeping up with the maintenance of the entire neighborhood. Member Penn questioned Mr. Moore with regard to the size of the outside storage room due to the fact that the drawings depict the storage room as larger than the outdoor seating area. Mr. Kocut further explained and clarified the site plans with the Board members. Member Burnich questioned Building Official Perez regarding the open enclosure and discussion ensued. Public Comments: Mike Appelbaum, 4426 Tranquili_ Drive, provided comments with regard to the precedent that this approval could set and wanted the record to reflect his support for each variance to be decided upon on a case by case manner. He was in support of the variance request by Mr. Moore due to the odd shaped lot. Vice Chair Perilman declared the Public Hearing closed at 10:19 AM. Vice Chair Perilman called for a motion to approve, deny or modify the variance request with regard to 4400 Tranquility Drive. MOTION: Member Burnich moved to approve the variance request with the caveat that the outside seating area cannot be enclosed at a later date with a screen or permanent wall. Motion was seconded by Member Penn. Board Discussion: Member Mendelson provided comments with regard to the applicant not having a definitive hardship and why she did not support the approval of the variance. Board of Adjustment and Appeals Regular Minutes Tuesday, October 17, 2017 Paye 6 of 6 Roll Call: Member Burnich - Yes Member Penn - Yes Member Gill - Yes Member Mendelson - No Vice Chair Perilman - Yes Motion carried 4-1. 10. ADJOURNMENT There being no further business to come before the Board, Vice Chair Perilman 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: SEAL: Vice Chair ATTEST: jri'sLhal-C'-�uebas, MPA L"��� Deputy Town Clerk Date: �`