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2018.02.20_BAA_Minutes_Regular4911i_11, TOWN OF HIGHLAND BEACH BOARD OF ADJUSTMENT & APPEALS REGULAR MEETING MINUTES Town Hall / Commission Chambers Date: February 20, 2018 3614 South Ocean Boulevard Time: 9:30 AM Highland Beach, Florida 1. CALL TO ORDER: Chair Perilman called the Board of Adjustment and Appeals Regular Meeting of Tuesday, February 20, 2018, 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 Secretary Stephen Lang Vice Chair Joel Leinson Chair Bryan Perilman Town Attorney Len Rubin 2. INSPECTION: The Board of Adjustment and Appeals, as part of the public meeting, conducted a site inspection of the property located at 1005 Grand Court, 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. 1005 Grand Court, Highland Beach, Florida — Site Visit Discussion: Member Mendelson asked that the applicant explain what she is proposing and the reason for the variance. Kathleen Kennedy, Applicant explained that she is proposing to construct a 10' x 15' sun shelter. There is a permanent sun shelter structure next to her home, but her structure would be semi-permanent. She is the least dense property in all of Grand Cay Estates with the smallest house on one of the largest lots. Ms. Kennedy stated for the record that they are in complete compliance from visually what the Board is seeing with being the smallest footprint home surrounded by massive square footage homes on much smaller lots. The Board of Adjustment and Appeals Regular Minutes Tuesday, February 20, 2018 Pate 2 of 6 sun structure will aid in her privacy since Braemar Isle condominiLims look into her backyard, which presents a problem. Chair Perilman questioned the height of the structure. Ms. Kennedy referred to the plans which showed 14 feet at the highest ridge line. The structure is 10' x 15' which falls within the guidelines allowed by the Indians to build. Member Penn asked where the structure would be erected. Ms. Kennedy described the placement and location of the structure. Secretary Lang asked how long Ms. Kennedy has lived at this location. Ms. Kennedy answered six months and purchased the home as a remodel. The structure is part of the remodel. Member Mendelson questioned what would happen to the Tiki Hut in a hurricane. Ms. Kennedy explained that the wind goes through it and does not present a problem. However, after five years, the Tiki Hut thatch should be replaced. Pressure treated lumber is highly recommended for durability. Member Mendelson asked if there was any research on Tiki Huts and hurricanes. Ms. Kennedy advised she is not aware of any issues with the tiki huts and hurricanes but she would be willing to research, if necessary. Member Lang advised that he does not believe they are wind rated. Town Attorney Rubin explained that they are exempt from building code requirements by statute. They are permitted to be constructed throughout the State of Florida provided they are built by the Native American Indians, but they must meet the zoning requirements. Member Burnich wanted to know if there was flooring or just grass. Ms. Kennedy answered it would just be placed on the grass. Member Mendelson questioned when purchasing the property was there research conducted regarding the zoning of the property. Ms. Kennedy stated the zoning for the Town does not reflect the accurate information as the zoning is for multi -family homes and all homes in Grand Cay Estates are single family. Ms. Kennedy provided comments regarding the title search or her attorneys did not find any evidence regarding this issue when she was in the process of purchasing the property. Member Mendelson questioned Town Attorney if when researching the title if this would be a clear or murky issue. Town Attorney Rubin did not believe it would come up. Chair Perilman questioned whether there were other structures similar to her proposal constructed in the community. Ms. Kennedy advised there were and pointed them out. Member Penn questioned regarding the zoning issue that was provided in the agenda packet. Town Attorney Rubin advised there is a disparity on the Palm Beach County Property Appraisers website however, if the zoning were correctly listed a variance would still be required. He advised he will go into further detail regarding the zoning once the meeting is reconvened in the Commission Chambers. Board of Adjustment and Appeals Regular Minutes Tuesday, February 20, 2018 Page 3 of 6 3. RECONVENE MEETING: 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 Secretary Stephen W. Lang Vice Chair Joel Leinson Chair Bryan Perilman Town Attorney Leonard Rubin 4. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Deputy Town Clerk Cuebas made the following announcements: • Streetscape Project Information Session — February 21, 2018 — 6:30 PM (Town Library Community Room) • Town Commission Workshop Meeting — February 27, 2018 — 1:30 PM • Town Commission Regular Meeting — March 6, 2018 — 1:30 PM • Municipal Election — March 13, 2018 — 7:00 AM — 7:00 PM • Spring Fling Community Event — March 24, 2018 — 11:00 AM — 2:00 PM The Agenda was accepted as presented. g. PUBLIC COTVIMENTS AND REQUESTS: There were no public comments. 6. PRESENTATIONS: None. 7. APPROVAL OF MINUTES: • January 16, 2018 — Regular Meeting Chair Perilmam called for a motion to approve the minutes as presented from January 16, 2018, Regular Meeting. MOTION: Member Burnich moved to approve the minutes of January 16, 2018, Regular Meeting as presented. Member Mendelson seconded the motion, which passed unanimously. Board of Adjustment and Appeals Regular Minutes Tuesday, February 20, 2018 Pate 4 of 6 8. OLD BUSINESS: None. 9. NEW BUSINESS: A. Variance Request: 1005 Grand Court— Public Hearing APPLICATION # 18-0006 — THE APPLICANT IS REQUESTING A VARIANCE FOR APPROVAL FOR A 10' BY 15' TIKI HUT IN THE REAR OF THE PROPERTY. APPLICANT: Kathleen Kennedy The members were asked to disclose any ex parte communication and no members disclosed any. Chair Perilman called on Deputy Town Clerk Cuebas to administer the oath to all those who would be providing testimony. Chair Perilman closed the regular meeting and opened the Public Hearing at 10:06 AM. Staff Presentation: Building Official Perez provided testimony with reference to the application and presented the findings of the Building Department. Vice Chair Leinson asked Building Official Perez to explain the difference between a permanent structure and a non -permanent structure as in this case with the Tiki Hut? Building Office Perez explained that there will be permanent posts into the ground, easily removable than a permanent structure. It is defined as an accessory structure use in the code. Member Mendelson wanted to confirm that this specific Tiki Hut follows the exemption that the code lays out for who builds it. Building Official Perez confirmed that from a building standpoint, Florida statute does not require us to look at the attachments of how the Native American Indians would have constructed these structures. Secretary Lang asked if the only thing needed for the construction of Tiki Huts is a letter from the Tribe showing who is working on it. Building Official Perez confirmed that Ms. Kenned had all the necessary documents pertaining to this structure. Petitioners Presentation: Kathleen Kennedy, 1005 Grand Court explained that the zoning on the property is listed as the RML, when in fact there was a law suit by a RPUD many years ago and explained the development of Grand Cay building restrictions and zoning issues. None of the homes were built with any lot coverage restrictions. She requested that the zoning be changed. Board of Adjustment and Appeals Regular Minutes Tuesday, February 20, 2018 Pace 5 of 6 Town Attorney Rubin gave a background regarding Grand Cay Estates explaining that these homes were constructed based upon a settlement agreement from a lawsuit that had to do with the Boca Highlands PUD. The PUD no longer exists. When these homes were constructed, there were no lot coverage requirements. They were allowed to have zero lot lines and the setbacks were very minimal. In the settlement agreement, the Tiki Hut does not violate what the development parameters are. The problem is we do not have a zoning district that addresses this. It is zoned RML because it is the closest since RML does allow zero lot line coverage. Even if it were zoned single family, there is no lot coverage requirement, but you would still have a rear setback issue. He explained how the Town has handled this incongruity between the development parameters in the stipulation and the zoning district regulations as they exist today. Member Mendelson asked how many zoning changes to our code were there since the settlement in 1989. Town Attorney explained there were two changes. This should have been approved as a PUD but this no longer exists. There is no easy fix because the Town does not have a zoning category that would accommodate these homes as constructed. Secretary Lang was a resident of Highland Beach at the time these homes were constructed explaining how these homes were built and why each home is different. It was hard to create one single zone for what was allowed to have happened there. The settlement was more of a financial settlement rather than a zoning settlement to the benefit of quite a few people who were willing to finish the job. Ms. Kennedy would like to see this issue of zoning rectified. Member Burnich suggested she take this matter before the Town Commission. Public Comments: Paul Resnick, representing the Braemar Isle Condominium Board opposes the variance. They are very concerned that Tiki Huts bring parties that create drinking, bad conduct and a great deal of noise. They already have problems with some of the residents of Grand Cay. One especially that has a very large floating dock with many jet skis on it. If this variance is granted, our condominium residents that face Grand Cay are concerned that other variances would be granted that would affect their quality of living. Overall, Grand Cay is a good neighbor and this is no reflection on Ms. Kennedy. Mark Siegel, Braemar Isle compared the Tiki Hut to the Gazebo at the entrance to Braemar Isle. Privacy can be achieved in other ways, such as landscaping, as opposed to a permanent fixed structure. He voiced his complaint as to the amount of noise being made by the jet skis in their marina, unsightly floating docks which are not governed by any regulations in the Town and boatlifts. He does not want a Tiki Hut added to the already visual pollution and asked that the variance be denied. Lou Mazzella, 1009 Grand Court indicated that Braemar Isle does not dictate what takes place in the Grand Cay community. I am the person with the floating dock. I live in a marina and enjoy using the jet skis. The Tiki Hut in question is not an eyesore and would be a betterment to our community and would give Ms. Kennedy her privacy. Board of Adjustment and Appeals Regular Minutes Tuesday, February 20, 2018 Pane 6 of 6 Chair Perilman declared the Public Hearing closed at 10:39 AM. MOTION: Member Mendelson moved to approve the variance request. The motion was seconded by Vice Chair Leinson. UPON ROLL CALL: Member Mendelson - Yes Vice Chair Leinson - Yes Member Burnich - Yes Member Gill - No Secretary Lang - Yes Member Penn - Yes Chair Perilman - Yes Motion passed on a 6 to 1 vote. 10. ADJOURNMENT There being no further business to come before the Board, Chair Perilman called for a motion to adjourn. MOTION: Member Burnich moved to adjourn the meeting at 10:41 AM. Secretary Lang seconded the motion, which passed unanimously. APPROVED at the May 20, 2019 Board of Adjustment: ATTEST: JO/1 Leinson, ice Chairperson Transcribed by: Terisha Cuebas, MPA 5 3l q erly Wright Date Deputy Town Clerk