1984.03.20_TC_Minutes_SpecialTOWN OF HIGHLAND BEACH, FLORIDA
® Minutes of Meeting of Town Commission
MORATORIUM VARIANCE APPEALS BOARD
Tuesday, March 20, 1984 1:30 P.M.
A meeting of the Moratorium Variance Appeals Board was called
to order by Mayor Louis Y. Horton at 1:30 p.m. in the Town
Commission Chambers at Town Hall. Also present were Vice
Mayor Mary Louise G. Blosser, Commissioners William E. Paul,
Betty Jean Stewart and Harry Walker.
Also present were Town Attorney Thomas E. Sliney; Town Manager
Elaine W. Roberts; Building Official Bruce Sutherland; Town
Clerk Mary Ann Whaley; citizens and the general public.
The purpose of the meeting was to hear a request for a variance
from the Moratorium Ordinance submitted by Beach Walk West.
Present, representing Beach Walk West was Attorney Elizabeth
Maass of the firm of Alley, Maass, Rogers, Lindsay & Chauncey,
and Mr. Talmo Purre.
Mrs. Maass stated that the case submitted by Beach Walk West
was predicated on three points being:
1) A letter of 2/28/83 in which the former Building
Official made a statement that certain permits had
no expiration. (However, it was noted that the
building permit was not among those mentioned in
said letter.)
2) Delays caused by governmental agencies due to a
required re-vegetation program. (However, it was
noted that there was no documentation from any
governmental agency to prohibit proceeding with
the construction on the site, only a recommendation
from the engineers retained by the developer.)
3) A contention that the density requested (23 DU/AC)
was not substantially more than they would nom be
allowed and would not be detrimental to the Town.
(It was noted that a loss of 7 units would occur
if relief was not granted.)
Town Commission
• Moratorium ~lariance Appeals Board
March 20, 1984
Page 2 of 2
Vice Mayor Blosser requested submission of a chronological
report indicating the timing of initial approval of the re-
vegetation project, actual commencement of the project, and
quarterly reports made on same.
Vice Mayor Blosser, as well as Commissioner Walker cited
past statements made by Beach Walk West that delays were
caused due to economic conditions as well as any other
problems faced with the DER.
Commissioner Paul questioned the rationale in applying for
the building permit when the re-vegetation project was evidently
being prolonged by the DER. Mr. Purre indicated that he never
thought he would run into problems for extensions on the permit.
Additional discussion ensued regarding the proposed timing of
a permit should relief be granted, as well as the equitable
estoppel issue and other legal questions which may be raised
should the matter go to litigation.
• It was the consensus of the Town Commission that strict proof
be submitted indicating the delay in construction was caused by
any governmental agency, and further that documentation be
supplied prior to any determination being made on the request
for the variance.
At 2:40 p.m., this meeting was recessed until April 3, 1984 at
2:00 p.m.
~.
APPROVED:
Lou s Horton, Mayor
Mar~j ouise G. Blosser, Vice
/~,.G"'~ ~ Mayor
.~~~ ~~~~
William E. Paul, Commissioner
A'~TEST
Bet can Stewart,CommissioneY
Town C ~~/~
Date-
. Harry Wal er, Commissioner