2019.05.20_BAA_Minutes_Regular 1
• �::..'.• TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT AND APPEALS
* REGULAR MEETING MINUTES
Town Hall/Commission Chambers Date: May 20,2019
3614 South Ocean Boulevard Time: 9:30 a.m.
Highland Beach,Florida
1. CALL TO ORDER:
Vice Chairperson Joel Leinson called the meeting to order at 9:30 AM.
2. PRESENT UPON ROLL CALL:
Board Member Bonnie Pikkel
Board Member Ilyne Mendelson
Board Member Barbara J.Penn
Vice Chairperson Joel Leinson
Town Attorney Rubin
Town Clerk Lanelda Gaskins
Deputy Town Clerk Beverly Wright
ABSENT:
Member Donald Gill
Secretary Stephen W. Lang
3. PLEDGE OF ALLEGIANCE:
The Board Members led the Pledge of Allegiance.
4. SITE INSPECTION
The Board of Adjustment and Appeals shall,as part of the public meeting,conduct a site inspection
on the property located at 1087 Bel Lido Drive, Highland Beach, Florida. All members of the
public and interested parties are invited to attend the site inspection.
The meeting was paused for site inspection.
5. RECONVENED MEETING
After the site inspection, the meeting was reconvened and the roll was called:
Board of Adjustment and Appeals Regular Meeting Minutes
May 20, 2019 Page 2 of 5
PRESENT UPON ROLL CALL:
Member Bonnie Pikkel
Member Ilyne Mendelson
Member Barbara J. Penn
Vice Chairperson Joel Leinson
Town Attorney Rubin
ABSENT:
Member Donald Gill
Secretary Stephen W. Lang
6. APPROVAL OF THE AGENDA:
Vice Chairperson Leinson asked for any additions or deletions to the agenda and none were
forthcoming.
MOTION: Member Mendelson moved to accept the agenda. Member Pikkel seconded the
motion,which passed unanimously by voice vote.
7. PUBLIC COMMENTS:
Vice Chairperson Leinson instructed the public on the protocol for public comments not related to
Agenda Items. There were no public comments.
S. APPROVAL OF MINUTES:
Vice Chairperson Leinson asked.for any corrections to the minutes of February 20,2019.
MOTION: Member Mendelson moved to approve the minutes. Member Penn seconded the
motion, which passed unanimously by voice vote.
9. UNFINISHED BUSINESS:
Vice Chairperson Leinson stated there was no unfinished business.
10. NEW BUSINESS:
A. Nomination of Officers—Chairperson, Vice Chairperson, Secretary
Vice Chairperson Leinson asked for a motion to nominate a Chairperson for a one-yeas term.
Board of Adjustment and Appeals Regular Meeting Minutes
May 20, 2019 Pale 3 of 5
Member Mendelson confirmed that at the current meeting, there were two absent seats and one
open seat. She recommended delaying nomination of officers until more people were present.
Vice Chairperson Leinson had no objection to a delay until the next meeting.
MOTION: Member Mendelson moved to delay the nomination of officers until the next
scheduled meeting. Vice Chairperson Leinson seconded the motion,which passed
unanimously by voice vote.
B. Variance Request: —Public Hearing
APPLICATION No. 19-0138 — THE APPLICANT IS REQUESTING A VARIANCE FOR
APPROVAL RELIEF FROM THE SETBACK REQUIREMENT TO PLACE A BACKUP
GENERATOR ON THE EAST SIDE OF THE HOUSE WITHIN THE SIDE SETBACK
REQUIREMENT OF 12 FEET. A 3 FOOT BY 4 FOOT CONCRETE PAD WOULD BE
PLACED ON GRADE WITH THE GENERATOR ATTACHED. FUEL SOURCE FOR THE
GENERATOR IS NATURAL GAS. APPLICANT: JULIA JENDRUCZEK.
Vice Chairperson Leinson asked the Board to disclose any ex-parte communications. None were
forthcoming.
Vice Chairperson Leinson opened the public hearing. The Town Clerk swore in all those who
were to give testimony.
Building Inspector Jeffrey Massey commented that the application at issue was relatively
straightforward. It sought relief from Section 30-64, that all buildings and structures complied
with the requirements of Table 30-2, which establishes a 12-foot setback for single family
residences, which is the zoning of the application at issue. A backup generator does satisfy the
definition of a structure; therefore,the plans do not meet the zoning requirements.
Vice Chairperson Leinson asked how much of an encroachment the placement of the generator
would cause. Mr. Massey estimates, based on the survey, a three-foot encroachment into the
setback,resulting in a setback of about nine feet ten inches. He pointed out his footnote,explaining
that in fact the building itself does not meet the setback requirements due to some architectural
elements that encroach. It is unknown if when the building was constructed in 2005 there were
any variances issued. He asked the attorney to speak to any possible nonconforming use. He does
not see, based on the site visit, a feasible location for a backup generator other than the one
proposed.
Julia Jendruczek,the applicant, confirmed that the only place for the generator to be located is the
one stated in the application and seen at the site visit, which is on the east side of the house. It
would encroach about two-and-a-half or three feet into the setback, leaving the setback at about
nine feet. She is not aware if there were any other variances issued on the house when it was
purchased. She expressed that it was necessary to have a full-house generator in South Florida at
their location, and that she was trying to follow the rules as much as possible. She mentioned that
other towns, such as Boca and Delray, had codes that only required five- or six-foot setbacks for
accessories. She had spoken with Town Planner McKinney about these issues, and has been
working on this since August,with a$20,000 deposit on the generator, she hoped to purchase. She
Board of Adjustment and Appeals Regular Meeting Minutes
May 20,2019 Pale 4 of 5
feels she has been"caught in the crosshairs" due to all the changes in the Town, and only desires
to have a safe place with power for herself and her son.
Member Mendelson asked for the attorney's opinion on the issue. Town Attorney Rubin
mentioned that there were no records regarding potential nonconformity of the building on the
property. The proposed generator placement would not increase any existing nonconformity,
though, so it would be appropriate to move forward.
Vice Chairperson Leinson commented that under the current ordinance, the ability to vote on the
application has been removed from the Board, and it is now under purview of the Commission to
approve the application. Town Attorney Rubin indicated the Board should make a motion to send
their recommendations to the Commission.
Member Mendelson announced she was against approval of the variance because she believed
many residents would also want a similar variance, and she felt it was up to the Commission to
change the setback rules for accessories as opposed to structures. Granting this variance means
the setback rules have no meaning, and she believed many people would want the same exception
made for their own properties.
Member Penn indicated she favored approving the variance. She believed the generator was an
accessory and not a building structure that encroaches.
MOTION: Member Penn moved to recommend approval of Application No. 19-0138.
Member Pikkel seconded the motion.
UPON ROLL., CALL:
Member Penn - Yes
Member Pikkel - Yes
Member Mendelson - No
Vice Chairperson Leinson - Yes
Motion carried on a 3 to 1 vote.
11. ANNOUNCEMENTS:
The Town Clerk announced:
® Town Hall will be closed on Monday, May 27, 2019, in observance of Memorial Day.
• Town Commission Workshop Meeting will be held on Tuesday, May 28, 2019, at 1:30 PM.
• A Financial Advisory Board Meeting will be held on Wednesday,May 22,2019, at 3:00 PM.
Board of Adjustment and Appeals Regular Meeting Minutes
May 20, 2019 Page 5 of 5
12. ADJOURNMENT:
Vice Chairperson Leinson called for a motion to adjourn.
MOTION: Member Mendelson moved to adjourn. Vice Chairperson Leinson seconded the
motion, which passed unanimously by voice vote.
The meeting was adjourned.
APPROVED at the June 9, 2020 Board of Adjustment and Appeals Meeting:
0W ti /
a4 Bonnie Pikkel(Jur' 202016:33 EDT),
Chairperson Bonnie Pikkel
ATTEST:7
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Date
05.20.2019 Board of Adjustment and Appeals
Minutes. ma . mlb
Final Audit Report 2020-06-09
Created: 2020-06-09
By: Beverly Wright(bwright@highlandbeach.us)
Status: Signed
Transaction ID: CBJCHBCAABAArELhRDxckTJSoouOBO-Zc2-h_kDQwRLW
"05.20.2019 Board of Adjustment and Appeals Minutes.ma.mlb"
H istory
*3 Document created by Beverly Wright(bwright@highlandbeach.us)
2020-06-09-8:08:46 PM GMT-IP address: 12.18.232.162
C' Document emailed to Bonnie Pikkel (bpikkel@roadrunner.com)for signature
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=. Document e-signed by Bonnie Pikkel (bpikkel@roadrunner.com)
Signature Date:202.0-06-09-8:33:41 PM GMT-Time Source:server-IP address:73.49.196.14-Signature captured from device with phone
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Signed document emailed to Bonnie Pikkel (bpi kkel@roadrunner.com) and Beverly Wright
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