2006.08.23_PB_Minutes_Special< T
•
TOWN OF HIGHLAND BEACH
PLANNING BOARD
SPECIAL MEETING MINUTES
Wednesday, August 23, 2006 9:30 a.m.
Chairman Leonard O. Townsend called the Special Meeting to order in Commission
Chambers at 9:30 a.m. Present were Chair Townsend, Victor Hadeed, Louis Stern and
Ken Tapman. Leonard Bell and Patricia Pembroke were absent. .Also present was
Town Attorney Tom Sliney and Building Official Bob Dawson.
NEW BUSINESS
FINAL REVIEW FOR CONSTRUCTION OF A NEW SINGEL FAMILY HOUSE FOR
PROPERTY LOCATED AT 2637 S. OCEAN BLVD.; BYRD BEACH ESTATES/LOTS 20
& 21 (Developer lots 6 & 3). APPLICANT/OWNER: BYRD BEACH ESTATES.
Mr. Townsend noted that this meeting was a continuation of the August 9, 2006 Regular
meeting addressing Byrd Beach Estates. Chairman Townsend read into the record, his
outline of the particulars of the project from its inception to the current status.
Recording Secretary swore in all who would be testifying.
Jason Mankoff, Weiner & Aronson, P.A. attorney for applicant, Byrd Beach Estates,
• passed out binders reflecting 1) Byrd Beach Estates correspondence and Town meeting
results 2) Lot Ownership -Palm Beach County appraisers information, deed and site
map.
Mr. Mankoff noted what appeared to be the major issues at hand:
1) The ownership of the property. (clarified ownership of lot 6 & 3)
2) Whether this is a single family or multi family project and how this affects the code
requirements. (BOA meeting Nov. 13, 1995 asked for approval for eight single family
attached residences. Planning Board approved Dec. 13, 1995.)
3) Whether the current code or the 1996 code is applicable. (Six homes approved under
the old code, and this current house will be similar to those six homes)
4) Fire safety -determined that ladder truck can't get in, other vehicles can.
(BOA approved elimination of roadway overpass.)
5) Parking (lot 3&6 is not a common area but developer will let the residents use the
space until time to build on subject lot)
6) Construction issues (Builder will keep a clean site, build house as quickly as can be
done.)
Mr. Mankoff added that one house on two lots would be smaller than one house on each
lot, and noted that this house is consistent with the approval of the others that have been
built. He requests that the plans be approved.
Resident John Caldwell, lot #5, spoke on behalf of the homeowners. His statement is
attached and. made a part of these minutes.
Planning Board
• August 23, 2006 Page 2 of 3
Jeff Renbaum, attorney representing the owners, noted that the following items need to
be addressed with the developer:
- landscaping, guard house-rotting, clogged storm drains, replace pvc connectors with
cement, asphalt and brick roadways - be harmonious, entrance gates don't match,
connect blocked roadways, request a parking study, site plan brought to conformity.
Attorney Renbaum requested that the Developer and owners meet to resolve these
issues.
Mr. Suskind -Tranquility Drive who's daughter lives in the complex recommended
making the lot into a parking area. Fred Bilowich, lot #8 stated that the parking problem
is his only objection, and recommended that plans be amended to allow more guest
parking and service vehicle parking.
Mr. Townsend asked what was the Planning Board's scope of review for this application-
advisory only or decision making? He noted that past meetings re Byrd Beach showed
that the width of private streets was discussed & lot consolidation as there is no
evidence that this is two lots. The Palm Beach County Property Appraiser shows it as
one lot. How will the property be regulated -what if the house is torn down, what can
be built. How would an addition, alteration or changes to the house be regulated -there
are no code regulations for this. The Planning Board's approval should attempt to put
. to rest exactly what the approval is for the entire Byrd Beach Estates and each individual
lot, so that future planning boards can have some point of reference and not be totally
left to ambiguous documents.
Attorney Sliney said this project was an anomaly because back in 1995 the Town and
the property owner wanted to do something other than build another condo. He agrees
with the Chairman that a lot of loose ends need to be cleaned up. Even though the
developer says he has a construction loan, a decision should not be made today, but
that the two attorneys give us an issue related document of how they would like to see
these things resolved. Meet and try to work out these issues so this doesn't end up in
court. What can't be agreed upon, the Planning Board will have to make the decisions.
This was built as a single family project in amulti-family zone.
Every past approval on this project was done by the Planning Board. There was no
reference to the Commission getting involved. Mr. Sliney feels the Board needs an up
to date survey of the property as to where everything is and the Town has accurate
records as to the layout of the property. Chairman asked if the roadways considered a
private driveway which can be 16 feet wide, or a roadway that needs to be 25 feet wide.
Do Lots 3 & 6 really exist now as single lots or are they one lot now and the Board can
dispose of that. Mr. Sliney said if there was a question on that, the Board can require
a unity of title for building purposes.
In summary, the Attorney is requesting a blow up of what has been attached to the
Planning Board
• August 23, 2006 Page 3 of 3
declarations with the best dimensions you have. What's been recorded as far as meets
and bounds in relationship to those two lots -need legal description and dimensions of
lots.
The following MOTION was made by MR. TAPMAN/MR. STERN:
TABLE FINAL APPROVAL FOR CONSTRUCTION OF A NEW SINGLE
FAMILY HOUSE FOR PROPERTY LOCATED AT 2637 S. OCEAN BLVD.;
BYRD BEACH ESTATES/LOTS 20 & 21, AKA LOTS 6 & 3 PER
DOCUMENTS SUBMITTED TO THE PLANNING BOARD.
APPLICANT/OWNER: BYRD BEACH ESTATES. BASED ON THE
COMMENTS FROM THE DEVELOPER, HOMEOWNERS AND CERTAIN
COMMENTS FROM THE TOWN ATTORNEY.
Mr. Tapman -asked to discuss the concept of the motion. Basically a period of time
during which the developers and homeowners can get together to develop a list of the
agreed upon issues and resolutions, and issues not agreed upon, and get two different
solutions to come. back to the Board. Suggests the two lists go to Bob Dawson and
Attorney Sliney to review first before coming back again. Motion carried.
• MOTION was made by MR. TAPMAN/MR. STERN to table this review until the October
11 Regular Meeting, and if both counsels would like a special meeting earlier, the Board
may schedule as such. Mr. Caldwell's list of issues could be given to the attorneys to
assist in discussion of the issues with the developer and homeowners. Both sides will
make a written submission to the Planning Board, and go to Mr. Dawson and Mr. Sliney
for their comments prior to the October 11 meeting. If the developer, homeowners,
Building Dept and Town Attorney are all prepared to move forward prior to the October
11 date, the Planning Board may schedule a Speical meeting subject to availability of
a quorum. MOTION carried unanimously by rollcall vote.
ADJOURNMENT
With no further business to come before
MR. TOWNSEND/MR. STERN at 12:20
APPROVE:
Leonard O. Townsend, Ch.
Leonard D. Bell
Victor P. Hadeed
Louis P. Stern
Patricia A. Pembroke
Ken Tapman
Open
the Board, MOTION to adjourn was made by
P.M.
absent
absent ~~"~~~
., -
Attest: ~~ Date: , ~ q- y ~
Good morning, my name is Job Caldwe~~ aid my address is 2635 S. Ocean Blvd.
Byrd Beach Estates. Lot 5.
It is our hope that you have thoroughly reviewed the ten year history of this
development project in the RMM Zoning District of Highland Beach. As, the
decision you may reach this morning will greatly impact the existing homeowners.
If you are granting a building permit at this time, or, before a building permit is
issued, we strongly feel that the Town should establish specific conditions for the
developer to obtain a Certificate of Occupancy, commonly referred to as a CO.
For your consideration, we suggest the following:
A. Specific time limits for the new construction to start and finish with the
start day being no later than the next 90 to 120 days.
B. The developer must submit for Town approval, by a time certain, the
landscaping and design plans for the new required emergency entrance
gate to the property, the street modifications, exterior lighting, property
sign identifying BBE and its addresses, mailbox locations, etc.
S C. The developer must allocate four guest parking spaces to code -within
lots 3 & 6 -which do not- include any parking spaces deeded or provided
by an easement to an existing home/homeowner.
D. A written agreement of understanding between the developer and the
current homeowners not Homeowners Assoc- agreeing to an
acceptable plan for the daily operation of the construction site. Because
the developer chose to leave these two particular lots to build out last, it
will cause much inconvenience and hardship to all the homeowners.
This plan should include:
(1) Days and hours of operation not starting any earlier than 8:30 AM
as we have school age children on the property. The ending hour
should conform to Town regulation. No Sundays or holidays.
(2) Reasonable time notification (hopefully 24 hrs minimum) to each
homeowner of street closures of 20 minutes or more for access or
egress to and from the property.
,.
(3) For residents only, offsite parking spaces within a short walking
• distance from the property for when the street is closed.
(4) Offsite parking provided by the developer for all trades people
except for a ten minute window for unloading or loading.
E. For the homeowners protection, the Town must provide the proper
oversight of the developer's obligation for the completion of this
development project and insure that, but not limited to, the following are
addressed and completed to the Town's and Homeowners' satisfaction:
(1) Landscaping of all common areas must conform to the original
site plan or, as agreed upon between the Town, developer, and
homeowners.
(2) Repairs are made to the existing gatehouse and entrance/exit
gates, repairs are made to the wall on A 1 A, the entrance/exit
roadway is paved with pavers and the black asphalt is removed,
and, the storm drains are cleaned of all debris.
(3) Over these many years, there has been much discussion between
the Planning Board(s) and the developer about the required
connection between each home. The Town must insure that the
connections are appropriate for the community and according
to code. PVC connections which were previously denied by the
Planning Board are installed in some areas presently.
(4) All current homeowners must be notified by the Town of any and
all major modifications to this development project.
Finally, we the homeowners, do not object to the developer building this one home
on lots 3 & 6 as long as it conforms to the Town zoning and building codes for the
RNIlVI Zoning District and that the Town and the Developer address what was
presented by me for the homeowners this morning.
Thank you for your time and your consideration. I would be pleased to answer
any questions from the Board.
Town of Highland Beach, Florida
Planning Board Chairperson Special Meeting Analysis
Prepared hy: Leonard O. Townsend
2. ('hairperson s File No.: 2006-0009
3. Application No.:
4. Planning Board Meeting Date: August 23, 2006 (Special Meeting requested
during the regular meeting on August 9, 2006)
5. Applicant: Byrd Beach Estates, Ltd., a Florida limited partnership (what is
relationship to Owner?)
6. Project Address: 2637 South Ocean Boulevard, Highland Beach, Florida
7. PCN No.: 24-43-46-28-09-000-0201
8. Description of Current State of Project: Palm Beach County Property Appraiser
website shows an undeveloped "landlocked" lot.
(a) Pursuant to that certain Warranty Deed dated February 22, 1996, recorded
in the Public Records of Palm Beach County, Florida in Official Records
Book 9139, at Page 1737, A.H. Harris Enterprises, Inc. conveyed a larger
portion of real property including the subject Property to Byrd Beach
Estates, Ltd., a Florida limited partnership.
(b) Pursuant to that certain Special Warranty Deed dated March 3, 1997,
recorded in the Public Records of Palm Beach County, Florida in Official
Records Book 9689, at Page 483, Byrd Beach Estates, Ltd., a Florida
limited partnership conveyed the Property to Mark A. Gazzetta and Dawn
M. Sapko, as joint tenants with rights of survivorship.
(c) As of August 2, 2006, there is no record in the Palm Beach Property
Appraiser website indicating that the Property was conveyed back to
Byrd Beach Estates, Ltd.
9. (hurter: Application indicates that Byrd Beach Estates is the owner; however, the
Palm Beach County Property Appraiser website indicates that Mark A. Gazzetta
and Dawn M. Sapko (as joint tenants with rights of survivorship) own the
Property.
10. Description of Application: Final Review of Application for New Single Family
House.
11. History of Project:
(a) Public Notice of Board of Adjustment workshop meeting for October 12,
1995 (posted October 10, 1995) for "Lot 122 East, Dolphin Apartments.
Seeking relief from Town Code of Ordinance Chapter 30 (Zoning),
Section 4 Zoning Districts, Section 4.4, Residential Multiple Family-
C7
Page 1 of 10
Medium Density RMM; (e) lot, yard, and Bulk regulations, for eight
single family residences, three story buildings with underground garages."
(b) Minutes of Board of Adjustment workshop meeting on October 12, 1995
indicates that a "request for petition for several variances claiming
hardship, for relief from the Town zoning ordinances ... in order to build
8 single family homes with underground garages" on the site of the
Dolphin Apartments. The minutes indicate that an additional workshop
will be scheduled to address various zoning concerns, and "the Board,
Building Official Ed Hardy, Mr. Orman, Mr. Johnson, and Town Attorney
Tom Sliney left for an inspection of the [Byrd Beach] site."
(c) Fax memo dated October 19, 1995 from R. Orman to Town Manager and
Building Official stating, among other things, that the "intent of the
variance request is to permit the construction of eight zero-lot line homes"
and requests variances to minimum lot area, lot width, building coverage,
front yard, interim side yard, and pool requirements.
(d) Public Notice of Board of Adjustment second workshop meeting for
October 20, 1995 (posted October 13, 1995) indicates that the petition for
variance was for "relief from Town zoning ordinance under RMM, for
eight single family residences, either one-story, two-story or three-story
buildings with underground garages." Notice also states the following:
(i) Minimum lot area: Single family required 8,000 square feet;
requested 4,000 smallest square feet.
(ii) Minimum lot width: Single family required 80 feet; requested 45 feet
smallest.
(iii) Front yard: From AlA: r uired 40 feet; re ugested 25 feet.
(iv) Side yard: Multiple-story: required 20 feet for one-story or two-
story, 30 feet for three-story; requested 0 (zero) feet.
(v) Rear yard: Required 20 feet or ocean setback (whichever is greater);
requested 0 (zero) feet.
(vi) Maximum building coverage: Multiple-family: required 40 percent;
re uggsted 60 percent.
(vii) Swimming pools: Required 25 feet from edge of pool to front
property line; requested 2 feet from edge of pool to front property
line. Rear and/or Side property line: Required 10 feet; r este 2
feet.
(e) Minutes of Board of Adjustment second workshop meeting on October 20,
1995 indicates that petitioner (Mr. Orman) "presented a reworked site
plan". "The Board had a concern about the needed variance changes
within the perimeter. The current ordinance calls for multi-family
attached units and the plans showed separate residences.... [then] the
Board asked Mr. Orman to rework the plans to show that the homes are
`attached' which would come into the guidelines of the town ordinances,
Page 2 of 10
thereby creating a `single' unit rather than separate units." The Board's
• Chair asked petitioner to file an amended petition which would conform to
the town ordinances, and ask for variance relief at the perimeters only." A
motion passed scheduling a third workshop.
(f) Public Notice of Board of Adjustment third workshop meeting for October
26, 1995 (posted October 24, 1995) indicates an amended petition for
"town house, patio and villa apartment: low-rise, one (1) or two (2)
stories, attached single family dwelling units constructed as part of a series
or group forming a recognizable multi-family building, each unit having
walls and/or property lines separating it from any other unit and each
having individual means of exterior egress, parking, and other essential
facilities." Notice also states the following:
(i) Front yard: From AlA: Required forty (40) feet; requested 25 feet.
(ii) Request to permit beach cabanas east of Coastal Control Line.
(g) Memo dated October 24, 1995 from Building Official, to Chair, Board of
Adjustment, states among other things that petitioner "has amended his
original application. He is asking relief from our zoning ordinance under
RMM, for eight single-family detached zero lot line residences, two-
story." (emphasis in original). The memo goes on to quote the definition
of "town house, patio and villa apartment".
(h) The Amended Petition dated October 23, 1995 states that the proposed use
• of the Byrd Beach project will be "eight single-family detached, zero lot-
line residences" with the handwritten words following: "Two story
residences".
(i) Minutes of the Board of Adjustment third workshop meeting on October
26, 1995 stated that petitioner "presented an amended site plan, showing
that the eight homes will be attached via roof decks, walls, trellis or other
means. This brings the plans into conformity with the town ordinance,
creating a single project.... Building Official Ed Hardy also gave his
approval on the ordinance criteria having been met." (emphasis added) A
public hearing meeting was set for November 13, 1995.
(j) Public Notice of Board of Adjustment public hearing meeting for
November 13, 1995 (posted October 30, 1995) indicates a petition for
variance for "relief from town zoning ordinance under RMM, for eight
single-family attached zero lot line residences, two-story." The Notice
also quotes the definition of "town house, patio and villa apartment".
(k) Minutes of the Board of Adjustment public hearing on November 13, 1995
indicated that the petition for "relief from town zoning ordinance Chapter
30, Section 4.4(4) and Section 13.8 under RM11~I, for eight single-family
attached zero lot line residences, two-story" would be adjudicated at this
meeting. The Building Official testified "the [Byrd Beach] development
falls under Town Houses, Patio & Villa Apartments, per Section 13.10 of
Chapter 30 [of the Town ordinance]. He also stated that the proposed
Page 3 of 10
project meets all of the criteria that the town has set forth as far as
setbacks, except for the front of the building, and the neighbors need to be
aware that without any variances the proposed owners could come in an
build 18 units rather than 8 without coming to the board." The Board
approved "the variance for the front yard to a requested 25 feet from Al A
rather than 40 feet from Al A and that the Board finds that the
requirements of Paragraph A of Section 11 of the zoning code have been
met with and that the requirements of Section 11, D, E, and F have been
met with." The Board denied the petition in connection with the proposed
cabanas.
(1) Minutes of Planning Board meeting on December 13, 1995 state that an
application concerning the project was considered by the Planning Board
for "preliminary review of site plan for entire complex and guard house
and wall, for property located at 2625 South Ocean Boulevard, Lot 122
East (Dolphin Apartments)." The minutes indicate that the Planning
Board was informed about the project, that the Board of Adjustment
approved the variance to the front AlA setback requirements, and that 8
single-family homes will be built, and the Building Official "confirmed
that all the other requests would meet with standards of Town code." The
Planning Board unanimously approved a motion granting "final approval
for the guard house and perimeter wall and final approval to the overall
site plan subject to the following conditions:" (1) that Developer records a
• "Declaration of Restrictions and Covenants" or similar document
requiring that each residence is attached in at least one location to the
residence on at least one contiguous lot, that the developer or successor
homeowners' association is bound to enforce such requirement, and that
developer and homeowners' association assigns to the Town such
enforcement right; and (2) that the manner of attachment shall comply
with the Town code. The motion was subsequently clarified to state "the
site plan for each individual residence and appurtenances thereto to
be constructed on any of the lots shall be subject to approval by the
applicable Town Boards."
(m) Report of Review and Requested Action dated December 13, 1995 from
the Planning Board to the Building Official, indicating final approval of
"preliminary review of site plan for the Entire Complex and Guard House
and Wall" also attaching a Request for Review by Planning Board and an
Application for Site Plan Review dated November 22, 1995, showing,
among other things, that the project will be 2 stories, and that the height
will meet Code criteria.
(n) Two renderings of the project -one "birds-eye view" rendering showing
x118 residences, and another rendering of what seems to be the entrance of
the project from South Ocean Boulevard.
(o) Minutes for Planning Board regular meeting on April 10, 1996 indicated
that an application concerning the project was considered by the Planning
Board for "preliminary review of single family residence and 2 cabanas
Page 4 of 10
for property located at 2625 South Ocean Blvd., Lot 122 East, Dev. #4 and
# 1 and #2 cabanas." The minutes indicates that there was a lengthy
discussion about, among other things, "the development of the property,
how the homes are to be attached, and at what point in the building phase
they will be." The Planning Board unanimously approved a motion
granting "final approval to single family residence and 2 cabanas for
property located at 2625 S. Ocean Blvd., Lot 122 East, Dev. #4 and #1 and
#2 cabanas" subject to recording of the Declaration of Covenants and
Restrictions and all utilities being installed prior to issuance of any
certificate of occupancy.
(p) Minutes for the Planning Board regular meeting on December 11, 1996
indicated that an application considered by the Planning Board concerning
the project was for "preliminary review for new single family residences
for property located at 2625 S. Ocean Blvd., Lot 122E, Development #5
and #8". The Planning Board apparently (no reference as to votes taken)
approved a motion granting "final approval for two new single family
residences for property located at 2625 S. Ocean Blvd., Lot 122E,
Development #5 and #8."
(q) A letter from City of Delray Beach Fire Department to the Town Manager
dated March 11, 1997 states the Fire Department's concerns for code
violations in the design that need to be corrected prior to commencement
of construction. The letter also discusses the lack of adequate turning
• radius to reach the buildings in the event of a fire and states that the
current Town ordinance, Sections 9-5 and 9-6 do not address single-family
projects, such as Byrd Beach. The letter recommends changes to reflect
requirements in the City of Delray Beach Fire Code. The letter also
attaches handwritten minutes of meetings on April 11, 1997.
(r) A letter from City of Delray Beach Fire Department to the Building
Official dated February 18, 1997 requests that no further building permits
are issued for the project until a test of emergency access to the property is
completed. The letter attaches a memo, undated, from Lt. G. Cooper,
stating "access was no problem entering the driveway for our standard
pumpers. Driving around the drive was tight at the east end but was
passable with some maneuvering. The same situation will arise with a
rescue truck. Getting a ladder truck in the gate, around the driveway and
back out the exit gate will be impossible. In addition anything with a
longer wheelbase than our standard pumper will bottom out with exiting."
(s) A letter from City of Delray Beach Fire Department to the Building
Official dated March 24, 1997 documents access to the property with the
Department's "first response unit Truck #6." The letter states that "on our
first attempt, we were able to make the turn through a construction gate on
the south side of the main entry; however, we were not able to negotiate
the first turn. Subsequently, on our second attempt, we were unable to
complete the sharp turn required to enter the main entrance with Truck #6.
Our third attempt was made with Engine #2 from our Andrews Avenue
Page 5 of 10
station through the main entry gate. It did manage to make the turn but
• not without some difficulty." The letter recommends the either provide a
45-foot turning radius for all roadway turns or to install approved type
automatic fire sprinklers in all buildings.
(t) Minutes for the Planning Board regular meeting on September 9, 1998
state that the "Recording Secretary clarified minutes of December 1995
whereby it was stated that within the Byrd Beach Project, all homes must
individually come before the appropriate Boards for approval. As of
this time, the first three did so, the fourth did not. Effective immediately,
all future homes will be individually approved."
(u) Minutes of the Planning Board regular meeting on May 17, 1999 state that
an application concerning the project was considered by the Planning
Board for "preliminary review for construction of two new single family
homes for property located at 2627 S. Ocean Blvd.; Byrd Beach Estates,
Lots 1 & 2." The minutes indicate that there was an issue regarding the
attachment walls with the fire department -that fire trucks may not be
able to pass under the planned span over the internal access road, and the
fire department objected to such attachment. The Planning Board
unanimously approved a motion for "final approval for construction of
two new single family homes for property located at 2627 S. Ocean Blvd.;
Byrd Beach Estates, Ltd. Lots 1 & 2."
(v} Minutes of the Planning Board regular meeting on March 8, 2000 state
. that an application concerning the project was considered by the Planning
Board to discuss "attachments between houses" in the Byrd Beach project.
Applicant requested changing the attachments to a PVC type gate
connection. The Planning Board unanimously approved a motion to deny
"the proposed plan with the use of PVC fences. Follow-up meeting
should start with the plan as originally presented, with Mr. Johnson in
attendance for discussion."
(w) Minutes of the Planning Board regular meeting on May 10, 2000 state that
an application concerning the project was considered by the Planning
Board for "preliminary review for utility storage unit for property located
at 2635 S. Ocean Blvd., Byrd beach Estates Lot 5." There is no record of
any motion made regarding this application. Discussed as old business
was a suggestion to eliminate the connection from the "east houses" to the
"west houses" over the interior roadway to allow easier access for fire
trucks, and to apply for a variance from the Board of Adjustment to
eliminate such attachment. The Town Attorney suggested to Mr. Johnson
that he "submit in writing to the Planning Board his exact attachments
between the West houses, and that he apply for a Variance regarding the
attachment to the East section."
(x) Minutes of the Planning Board regular meeting on June 14, 2000 state that
an application concerning the project was considered by the Planning
Board for "second review for utility storage unit for property located at
Page6of10
2635 S. Ocean Blvd., Byrd Beach Estates Lot 5." The Planning Board
• approved 5 to 1 a motion for "final approval for petition for utility
shed/cabana attached to the building, as long as the outer boundaries of the
formerly designated envelope be kept stayed within property located at
2635 S. Ocean Blvd., Byrd Beach Estates, Lot 5." Additionally, Mr.
Nevins stated that the letter requested in the May 10, 2000 meeting was
still being prepared.
(y) An interoffice memo dated April 10, 2006 from the Fire Department Plan
Reviewer to the Building Official states that "It has been well documented
that Byrd Beach Estates development has design deficiencies in the Fire
Department access road that prevent the Department apparatus from
entering and departing the site.... Real time test runs have verified that
these difficulties do indeed exist and would affect the response time in
protecting life and property from the effects of medical emergency and
fire situations. Until we agree on a solution and timeline for achievement,
please be advised that we recommend that Building Permit #00021296 for
a three story, single family dwelling on Lots 20 and 21, not be issued."
The memo attaches a letter from City of Delray Fire Department dated
March 11, 1997 (discussed above).
(z) Minutes of the Planning Board regular meeting on April 12, 2006 state
that an application concerning the project was considered by the Planning
Board for "preliminary review for construction of a new single family
house for property located at 2637 S. Ocean Blvd., Lots 20 & 21, Byrd
Beach Estates." Upon consideration, the Planning Board recommended
that applicant obtain a variance to omit the bridge connection (over the
internal roadway), and, if approved, to re-appear before the Planning
Board.
(aa} Public Notice of Board of Adjustment workshop meeting for June 19,
2006 (posted June 16, 2006) indicates a petition for variance to "eliminate
only the requirement for the connection of the two existing homes on the
Oceanside to the proposed new dwelling."
(bb) Minutes of the Board of Adjustment workshop meeting on June 19, 2006
indicated that petitioner wanted to "eliminate only the requirement for the
connection of the two existing homes on the Oceanside to the proposed
new dwelling." Applicant's attorney stated that in order to obtain zero lot
line, the houses needed to be connected, and also that the Fire Department
had a problem with the `bridge' across the interior access road. A
homeowner in the project also stated that he did not want the bridge to
connect to his house. After the meeting, the Board members conducted a
site visit.
(cc) Public Notice of Board of Adjustment workshop meeting for July 10, 2006
(posted June 26, 2006) indicates a petition for variance to "eliminate only
the requirement for the connection of the two existing homes on the
. Oceanside to the proposed new dwelling."
Page 7 of 10
r
~ , •
(dd) Minutes of the Boazd of Adjustment public heazing on July 10, 2006
• indicated that petitioner wanted to "eliminate only the requirement for the
connection of the two existing homes on the Oceanside to the proposed
new dwelling." Applicant's attorney stated that in order to obtain zero lot
line, the houses needed to be connected, and also that the Fire Department
had a problem with the `bridge' across the interior access road. A
homeowner in the project also stated that removal of the bridge was
acceptable. The Boazd unanimously agreed to grant the motion for
approval of Variance No. 06-06-90 (concerning elimination of the
attachment to proposed new dwelling).
12. Planning Board Review (per X7.2 and ~8.4(b)): "The planning board shall review
all ...site plan reviews ...with a recommendation of approval, approval with
conditions, or disapproval by a majority vote being submitted to the building
official for transmittal to the town commission." Procedures for site plan
approval for single family residences are (i) after building department determines
that the plans meet requirements of the Code, they aze sent to the planning boazd
for review and recommendation. (ii) the planning boazd, after review of the plans,
gives recommendations to the building official. (iii) after receiving approval from
the planning boazd, the building official issues site plan approval.
_ Decision-Making Authority
X Advisory Review
• 13. Approvals Pending, i, f any: Application states that, while plans meet Town of
Highland Beach Zoning requirements, approvals aze pending from other
governmental agencies, which aze not indicated. What are the outstanding
approvals from other governmental agencies? Application also states the
following submittal requirements:
(a) Architectural elevations, dimensioned site plan, landscaping plan, drainage
study, exterior lighting details, location of walks and driveways, location
of pools, site walls, etc.;
(b) Survey (one yeaz old maximum); and
(c) Deed or other Proof of Ownership. Note that Ordinance Section 30-33
states the total requirements for development order approval, from which
the building official uses to determine the applicable requirements.
14. Relevant Zoning Code.%Ordinance Provisions: Note: All references aze to the
Code applicable prior to 2000. Chapter 30.
(a) Site Plan Approval (~8.3(a)): Site plan approval will expire after twelve
(12) months from the date of the final approval. A building permit must
therefore be drawn and paid for within such 12 months.
(b) Zoning District: RMM (residential multiple-family medium density).
(c) Town Hoz~se, Patio, and Villa Apartment: Low-rise, one (1) or two (2)
stories, attached single family dwelling units constructed as part of a series
S or group forming a recognizable multifamily building, each unit having
Page 8 of 10
~' ~'
walls and/or property lines separating it from any other unit and each
• having individual means of exterior egress, parking, and other essential
facilities.
(d) Uses Permitted (~4.4(b)): Single-family, two-family, and multiple-family
dwellings.
(e) Site Plan Review (¢4.4(d)): Required (See §10???)
(f) Minimum Lot Area (~4.4(e)(1)): 8,000 square feet per dwelling unit.
(g) Minimrtm Lot Width (~4.4(e)(3))): 80 feet.
(h) Mijrimztm Front Yard (¢4.4(e) (4)) : 25 feet for one and two story; one
additional foot of required front, side, and rear yard for each two feet in
height in excess of 25 feet.
(i) Mini»2um Side Yard (~4.4(e)(S)): 12 feet for one story; 20 feet for two
stories; one additional foot of required front, side, and rear yard for each
two feet in height in excess of 30 feet.
(j) Minimzem Rear Setback (~4.4(e)(6)): 20 feet for one story; 25 feet for two
story, one additional foot of required front, side, and rear yard for each
two feet in height in excess of 25 feet
(k) Maxim~irm Building Coverage (~4.4(e) (9)) : 40%.
(1) Maximum Building Height (~4.4(e) (11)) : 40 feet.
(m) Maximum Building Width (~4.4(e)(12)): 110 feet, but can be increased by
increasing the side yards.
(n) Maximum Building Length (~4.4(e)(13)): 180 feet.
(o) Minimum Floor Space per Dwelling Unit (¢4.4(e)(10)): Assuming 3
bedrooms, 1,800 square feet of habitable space.
(p) Mininnrm Ceiling Height (~4.4(e)(11)): 8 feet.
(q) Required Parking (~4.4(e) (14)) : 2 spaces per dwelling unit.
(r) Access Requirements (~5.4): Every building erected shall be on a lot
adjacent to or abutting a public street or with access to a public street by a
private street at least 25 feet wide approved by the Town Commission.
Ali structures shall be so located on lots as to provide safe, convenient
access for servicing, fire protection, and required off-street parking. But
see §5.8(h), "Width of access driveways": Access drives shall be 15 feet
wide minimum for one-way traffic, 25 feet wide minimum for two-way
traffic, and 36 feet wide maximum for two-way traffic. However, I think
access drives are only the entry to lots in the public street right-of--way.
15. (~'ther:
(a) Stormwater Management (§5.17): Stormwater management is required
for all land development (including single family homes), in accordance
with those regulations administered by the South Florida Water
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Management District set forth in Chapter 40E, Florida Administrative
Code, as amended.
•
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e sr •
Town of Highland Beach, Florida
Planning Board Chairperson Special Meeting Analysis
1. Prepared by: Leonard O. Townsend
2. Chairperson 's File No.: 2006-0009
Application No.:
4. Planning Board Meeting Date: August 23, 2006 (Special Meeting requested
during the regular meeting on August 9, 2006)
5. Applicant: Byrd Beach Estates, Ltd., a Florida limited partnership (what is
relationship to Owner?)
6. Project Address: 2637 South Ocean Boulevard, Highland Beach, Florida
7. PCN No.: 24-43-46-28-09-000-0201
8. Description of Current State of Project: Palm Beach County Property Appraiser
website shows an undeveloped "landlocked" lot.
(a) Pursuant to that certain Warranty Deed dated February 22, 1996, recorded
in the Public Records of Palm Beach County, Florida in Official Records
Book 9139, at Page 1737, A.H. Harris Enterprises, Inc. conveyed a larger
portion of real property including the subject Property to Byrd Beach
Estates, Ltd., a Florida limited partnership.
• (b) Pursuant to that certain Special Warranty Deed dated March 3, 1997,
recorded in the Public Records of Palm Beach County, Florida in Official
Records Book 9689, at Page 483, Byrd Beach Estates, Ltd., a Florida
limited partnership conveyed the Property to Mark A. Gazzetta and Dawn
M. Sapko, as joint tenants with rights of survivorship.
(c) As of August 2, 2006, there is no record in the Palm Beach Property
Appraiser website indicating that the Property was conveved back to
Byrd Beach Estates, Ltd.
9. Chl~rier: Application indicates that Byrd Beach Estates is the owner; however, the
Palm Beach County Property Appraiser website indicates that Mark A. Gazzetta
and Dawn M. Sapko (as joint tenants with rights of survivorship) own the
Property.
10. Description of Application: Final Review of Application for New Single Family
House.
11. History of Project:
(a) Public Notice of Board of Adjustment workshop meeting for October 12,
1995 (posted October 10, 1995) for "Lot 122 East, Dolphin Apartments.
Seeking relief from Town Code of Ordinance Chapter 30 (Zoning),
Section 4 Zoning Districts, Section 4.4, Residential Multiple Family-
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