2006.04.12_PB_Minutes_Regular;,
TOWN OF HIGHLAND BEACH
PLANNING BOARD
REGULAR MEETING MINUTES
Wednesday, April 12, 2006 9:30 a.m.
Chairman Neil W. Burd called the Regular Meeting to order in Commission Chambers
at 9:30 a.m. Present were Chair Neil Burd, Vice Chair Theresa Colarullo, Louis P. Stern,
Leonard O. Townsend and Patricia Pembroke. Victor Hadeed and Leonard D. Bell were
absent. Also present was Town Attorney Thomas E. Sliney. Building Official Robert
Dawson was absent.
APPROVAL OF MINUTES
Upon MOTION by MR. STERN/MRS. COLARULLO, the minutes of the January 11, 2006
Regular and Workshop Meetings, and the March 8, 2006 Regular meeting were
approved.
OLD/NEW BUSINESS
PRELIMINARY REVIEW FOR CONSTRUCTION OF A NEW SINGLE FAMILY HOUSE
FOR PROPERTY LOCATED AT 2637 S. OCEAN BLVD., LOTS 20 & 21, BYRD BEACH
ESTATES. OWNER/APPLICANT: BYRD BEACH ESTATES.
• John Nevins presented application to the Board. It was noted that when the property
was first being developed, the Planning Board approved the connection of all the homes
via some type of gate, fence, wall. The applicant was requested to connect the two
beach front homes to the inner homes via a bridge of some sort over the interior road.
Letter (attached) from the fire department states that this would prove difficult for the fire
truck to pass under and manoeuver around, and recommends that a house not be built
on lots 20 and 21.
The Board made the following recommendations to Mr. Nevins:
. Apply for a variance with the Board of Adjustment to omit the bridge connection.
(This was also recommended to the applicant in May of 2000)
. If approved, come back before the Planning Board.
The application was tabled until after the petitioner goes before the BOA.
OTHER BUSINESS
NONE.
~,
. .
•
•
Town of Highland Beach
April 12, 2006 Paae 2 of 2
ADJOURNMENT
With no further business to come before the Board, MOTION to adjourn was made by
MR. HADEED/MR. STERN at 10:10 a.m.
APPROVE:
Neil W. Burd, Ch.
Theresa M. Colarullo, V.Ch.
Leonard D. Bell
Victor P. Hadeed
Louis P. Stern
Leonard O. Townsend
Patricia A. Pembroke
~i
~~c
absent
Attest: Date: v
~,
. ,
~ interoffice memo
Date: APRIL 10,2006
To: ROBERT S. DAWSON, BUILDING OFFICIAL-TOWN OF HIGHLAND BEACH
Cc: WILLIAM ADAMS- ASSISTANT FIRE CHIEF-CITY OF DELRAY BEACH
From: Greenberg, Harvey -FIRE DEPT-PLAN REVIEW
,.~,
RE: BYRD BEACH ESTATES-FIRE DEPARTMENT ACCESS ROADS
IT HAS BEEN WELL DOCUMENTED THAT THE BYRD BEACH ESTATES DEVELOPMENT
HAS DESIGN DEFICIENCES IN THE FIRE DEPARTMENT ACCESS ROAD THAT PREVENT
FIDE DEPARTMENT APPARATUS FROM ENTERING, MANEUVERING AND DEPARTING
_ THESITL.(SEE ATTACHED)
RLf~L "['I~2E TEST RUNS HAVE VERIFIED THAT THESE DIFFICULTIES DO INDEED EXIST
.1ND ~~'C)li LD AFFECT THE RESPONSE TIME IN PROTECTING LIFE AND PROPERTY
FRO~1 `THE EFFECTS OF MEDTCAL 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.
RESPECTF LY
HARVE REENBERG
PLAN REVIEWER
L~
i ,
~~~7~ ~~ ~DEi~A~ 6E~~~3
~~~~ ®~~~3~~~~~~ SERVING DELRA`i' EEACH GULF S?REAi1,l HIGHL=,ND BEACH
DELRAY BEACH
i l 0 M I D A
AU•America City
1
1993 -_
March 11, 1997
Mary Ann Mariano, Town Manager
Town of Highland Beach
3614 South Ocean Blvd.
Highland Beach, FL 33487
Dear Ms. Mariano:
Last Friday, March 7, 1997, Division Chief Cato and I met with Jim Duvall,
CBO, regarding the new construction of Town Hall additions and our
responsibilities to the new construction process. For some reason, plans
were not reviewed by our Department until February 27, 1997. Our
concerns were that code violations existed within the current design which
need to be corrected before construction goes to far and requires changes to
achieve fire department approval. As a result of our meeting, we have
agreed that the Building Department will call our office and advise when
plans are ready for our review and we will pick them up within one working
day of being called.
Lieutenant Barry Searles met with the contractor, who has agreed to take
care of the violations which effect the new construction. Corrections should
be made to the drawings by the architect to enable our official approval of
the drawings.
•
FIhF C=F;-`,n^Tf~-1Ei l i HEADQUi-'~i-~T, 1=F,S • ~~1 \~iES i .,TLA.'.- _ /'~`,1'=. ~;F` • C~=LR.-`,`, EE,`.C'-. ~ ._ _ - _ ..,.--'=
Page 2 -Mary Ann Mariano, March 10, 1997
We also discussed a problem with access to the Byrd Beach Development
which, under present site design, does not provide adequate turning radius
to reach the buildings in the event of a fire. Highland Beach Code of
Ordinances, page 589, Sections 9-5 and 9-6 do not currently address single
family projects, such as the Byrd Beach development. We also noted this
section still references Palm Beach County Fire Code, not the City of
Delray Beach. A change is recommended to reflect the City of Delray
Beach Fire Code and to include site access for all development projects.
Please call me if you would like to discuss any of these issues.
Sincerely,
~ ~
Rtobert B. Rehr
Fire Chief
• cc: Robert Rehr, Fire Chief
Lieutenant Garito
Lieutenant Searles
Randall E. Stofft, Architect
}
,,,
,,,
S. o c..e~..,
, ~ ~ a~ zr ~~.~
.,.
..-r,.~-- - - - -_, _ _________ ____._. ..__
__T___.__. __.___._ ~.~.__ __~ ~.
,.
,.
;;
_____ _
-7----
~:.~.___
~ ~ ~~~ ~
;~~ ~
~~~
,,~
,
,;. ~ ~
~ _._._
,~ ~ ~
~~
;, ;
~~
;,
,,
~ i / / l ~~~/~'~~P Vim" ` lr~~
~ r~~ `-ti"
,i~ ~
1+,
`~
~ ~~~~
II ~ ~ 4~ ~
I~ ~g~~ ~ r
t,
,~ ~ ~~~~ ~
i;l
~, ~p,,.~
ii~
~i i r
1_ , jam,,, ~ ~~ ~~~~
C'~I ~ GAG"' ,~ .~'~-
~~ ~ %~ ,~
E'~ .~ ~~ ~
~; ~~ a~~~
,~ ~~~
~!; ~~ ~~
li ~~-~~ ~ ,~~ ~
;~~
` ,' ~ ~ t.
FO~~ ®~~A~~~~~~
DELRAY BEACH
f L O R I D A
AI{~America Cityy
1
1943
•
Sincerely,
C
Larry Ga 't ,Lieutenant
•
SERVING DELRAY BEACH GULFSTREANI HIGHLAND BEACH
February 18, 1997
Mr. Jim Du Vall, Building Official
Town of Highland Beach
3614 S. Ocean Blvd.
Highland Beach, Florida 33487
Re: Byrd Beach Estates
2625 S. Ocean Blvd.;:
Highland Beach, Florida
Dear Mr. Du Vall,
Having recognized that an emergency access to the property at Byrd Beach
Estates may be deficient, we had earlier met with the developer to discuss the matter. At
that meeting, the developer stated he would shell-rock the road at his earliest convenience
so we could check whether the 48 foot truck assigned to Highland Beach could make
access and egress.
We request that no further Building Permits be issued until a test of the access can
be completed.
B earles, Lieutenant
FIRE DEPARTMENT HEADQUARTERS • 501 WEST ATLANTIC AVENUE •DELRAY BEACH. FLORIDA 33444
(561) 243-7400 • SUNCOM 928-7400 • FAX (561) 243-7461
Printed on Recycled Paper
• To: DBFD Fire Prevention Bureau
From: Lt. G. Cooper
A shift- station 2
Per the request to check emergency vehicle access at 2635 South Ocean Blvd. in
Highland Beach the following is my opinion. 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 manuevering. 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 when exiting.
Please contact me if any further information is needed.
L'
• ~ . '.
F EL E[
~T
. __ r.. _ _ ...
FIRE DEPARTMENT SERVING DELRAY BEACH GULF STREAM HIGHLAND BEACH
DELRAY BEACH March 24, 1997
All•America City
~r. James Du Vall '
c~Building Official
3614 South Ocean Boulevard
1993 Highland Beach, FL 33487
Re: Byrd Beach Estates
Mr. Du Vall:
On Wednesday, March 19, 1997, the fire department with the cooperation of Mr. Jim
Legasi of Byrd Beach Estates located at 2625 S. Ocean Blvd., attempted to enter the property
with our first response unit Truck #6.
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 station through the
main entry gate. It did manage to make the turn but not without some difficulty.
NFPA 1, 1987 edition Sec. 3-1.1.10 Required Access for Fire Apparatus
All premises that the Fire Department may be called upon to protect in
case of fire and are not readily accessible from public roads shall be
provided with suitable gates, access roads, and fire lanes so that one
side of all buildings on the premises is accessible to fire apparatus.
See attached.
Recommended action for correction
1. Provide a 45 foot turning radius for all roadway turns.
OR
2. Install approved type automatic fire sprinklers in all buildings.
I am requesting a meeting with you and Byrd Beach Estates as soon as possible to
resolve this matter.
Respectfully,
Larry~arito
Lieutenant
cls/GARITO
FIRE DEPARTMENT HEADQUARTERS • 501 WEST ATLANTIC AVENUE •DELRAY BEACH, FLORIDA 33444
4071243-7400 • SUNCOM 928-7400 • FAX 407/243-7461
P,~irred on Recy/ed Paper
i To: DBFD Fire Prevention Bureau
>.
From: Lt. G. Cooper
A shift- station 2
Per the request to check emergency vehicle access at 2635 South Ocean Blvd. in
Highland Beach the following is my opinion. 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 manuevering. 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 when exiting.
Please contact me if any further information is needed.
CIT4 OF DElH1i4 BEA[H
• FIRE OEPAi1TRgENT
DELRAY BEACH
i t O ~ I D A
All•America City
' ~r. James Du Vall
c~3uilding Official
~ 993 3614 South Ocean Boulevard
Highland Beach, FL 33487
Re: Byrd Beach Estates
Mr. Du Vall:
SERVING DELRAY BEACH GULF STREAM HIGHL;',~iD BEACH
March 24, 1997
On Wednesday, March 19, 1997, the fire department with the cooperation of Mr. Jim
Legasi of Byrd Beach Estates located at 2625 S. Ocean Blvd., attempted to enter the property
with our first response unit Truck #6.
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 station through the
main entry gate. It did manage to make the turn but not without some difficulty.
NFPA 1, 1987 edition Sec. 3-1.1.10 Required Access for Fire Apparatus
All premises that the Fire Department may be called upon to protect in
case of fire and are not readily accessible from public roads shall be
provided with suitable gates, access roads, and fire lanes so that one
side of all buildings on the premises is accessible to fire apparatus.
See attached.
Recommended action for correction
1. Provide a 45 foot turning radius for all roadway turns.
OR
2. Install approved type automatic fire sprinklers in all buildings.
I am requesting a meeting with you and Byrd Beach Estates as soon as possible to
resolve this matter.
respectfully, ~.,L_
~;G2~ ~~G~~'
Larry~arito
Lieutenant
• cls/GARITO
FIrE DEPARTi~4El~lT HEADQUARTERS • ~~~? b',E~T ATLAP~ITIC A~IEf~1UE •DELRAY BEACH. FLORID,= ~3~1~:4
407/2^3-7400 • SUf'1CGfv~ 928-7x00 • FAX 40?i2-13-7~c
F:;%<<,, o.. Recyi~d spar
~r~ / ~~ !
ir~y
~~
cm
~,~~
y,~aF
' ~ i~^~`
~~ ~~
~~~ ;~
~l g ~ ~~
(~~ L~
~ ,~~ ~
~~. ~ r~ .
,pti~~~.
~ ~ ~
~-,
~~
i~~ ~~~ { ~ ~-"'~I
,~ ~ i~~ ~(,~c.~r~~' J Div-.
t . J~~~,~
~~ ~. ~
~~~ ~n .-~~Y~~~ ~ ~-~
L
~~~~ - ~~ ~ ~ r~
~: --, .
~~ ~
~ ~ ~ c
,• ',• ~ ..
~a r ;'~ ~- ~f ~ ?`
*_~ - t .1 .
•F~~~ D~Q;a~r~n~Nz
DELRAY BEACH
f l O ~~ 0 A
AIl•America City
c~
1993
Mr. Jim Du Vall, Building Official
Town of Highland Beach
3614 S. Ocean Blvd.
Highland Beach, Florida 33487
Re: Byrd Beach Estates
2625 S. Ocean Blvd..
Highland Beach, Florida
' Dear Mr. Du Vall,
SERVING DELRAY BEACH GULFSTRE.4M HIGHLAND BEACH
February 18, 199?
Having recognized that an emergency access to the property at Byrd Beach
Estates may be deficient, we had earlier met with the developer to discuss the matter. At
that meeting, the developer stated he would shell-rock the road at his earliest convenience
so we could check whether the 48 foot truck assigned to Highland Beach could make
access and egress.
We request that no further Building Permits be issued until a test of the access can
be completed.
Sincerely,
i
Larry Ga~pt , ieutenant
•
B earies, Lieutenant
F1Rc DEFA.RT~~IENT HEADC~UARTERS • 501 hdE5T,^-^-TLANTIC AVENUE •DELRAY 6EAC,~. FLORIDA 33444
(561) 213-7.100 • SUNCOr`~l 023-7400 • FAX (561) 2-;3-7!61
Frir;ted on Racyc!ed FaFe~
~~
~~~~ 9.~~~~~~s{i/6~~,l~ ScRVIf~1G DELRA`r EEACH GULF S?REA\d HIG~-'L=.(~•1D BEACH
DELRAY BEACH
~~~
AIl•America City
t
1993 _.
March 11, 1997
Mary Ann Mariano, Town Manager
Town of Highland Beach
3614 South Ocean Blvd.
Highland Beach, FL 33487
Dear Ms. Mariano:
Last Friday, March 7, 1997, Division Chief Cato and I met with Jim Duvall,
CBO, regarding the new construction of Town Hall additions and our
responsibilities to the new construction process. For some reason, plans
were not reviewed by our Department until February 27, 1997. Our
concerns were that code violations existed within the current design which
need to be corrected before construction goes to far and requires changes to
achieve fire department approval. As a result of our meeting, ~ve~have
agreed that the Building Department will call our office and advise when
plans are ready for our review and we will pick them up within one working
day of being called.
Lieutenant Barry Searles met with the contractor, who has agreed to take
care of the violations which effect the new construction. Corrections should
be made to the drawings by the architect to enable our official approval of
the drawings.
•
f-~r[ ~,`(':~~C".I~~I~i r~~N~~~~U.'`-,I'TC•-~~. • _~~ S.~iC~ ILA. ._ ..~I~ .. F ° ~i=~ f,^., ~ ~ .__~ _ ...-__~
a ~. w ,r
Page 2 -Mary Ann Mariano, March 10, 1997
S We also discussed a problem with access to the Byrd Beach Development
which, under present site design, does not provide adequate turning radius
to reach the buildings in the event of a fire. Highland Beach Code of
Ordinances, page 589, Sections 9-5 and 9-6 do not currently address single
family projects, such as the Byrd Beach development. We also noted this
section still references Palm Beach County Fire Code, not the City of
Delray Beach. A change is recommended to reflect the City of Delray
Beach Fire Code and to include site access for all development projects.
Please call me if you would like to discuss any of these issues.
Sincerely,
~ ~
Robert B. Rehr
Fire Chief
• cc: Robert Rehr, Fire Chief
Lieutenant Garito
Lieutenant Searles
Randall E. Stofft, Architect
n
L~
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: re wired 40 feet; requested 25 feet.
(iv) Side yard: Multiple-story: re wired 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: rewired 40 percent;
requested 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; requested 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: Re4uired 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 "preserved 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 Rl\~Il1~1, 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 RMM, 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 boazd." The Boazd
approved "the vaziance for the front yard to a requested 25 feet from Al A
rather than 40 feet from AlA and that the Boazd 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 Boazd denied the petition in connection with the proposed
cabanas.
(1) Minutes of Planning Boazd meeting on December 13, 1995 state that an
application concerning the project was considered by the Planning Boazd
for "~reliminarv review of site plan for entire complez and guazd house
and wall, for property located at 2625 South Ocean Boulevazd, 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 Boazd unanimously approved a motion granting "final approval
for the guazd 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 similaz 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 Boazd 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 Boazd 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
all 8 residences, and another rendering of what seems to be the entrance of
the project from South Ocean Boulevard.
(o) Minutes for Planning Boazd 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 Boazd 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 Declazation of Covenants and
Restrictions and all utilities being installed prior to issuance of any
certificate of occupancy.
(p) Minutes for the Planning Board regulaz meeting on December 11, 1996
indicated that an application considered by the Planning Boazd 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 appazently (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 Mazch 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, azound 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 Boazd regulaz meeting on September 9, 1998
state that the "Recording Secretary clazified 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 Boazd regulaz meeting on May 17, 1999 state that
an application concerning the project was considered by the Planning
Boazd 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 regazding 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 Boazd
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 & Z."
(v) Minutes of the Planning Boazd regulaz meeting on Mazch 8, 2000 state
• that an application concerning the project was considered by the Planning
Boazd to discuss "attachments between houses" in the Byrd Beach project.
Applicant requested changing the attachments to a PVC type gate
connection. The Planning Boazd 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 Boazd regulaz 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 regazding 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 Boazd of Adjustment to
eliminate such attachment. The Town Attorney suggested to Mr. Johnson
that he "submit in writing to the Planning Boazd his exact attachments
between the West houses, and that he apply for a Vaziance regazding the
attachment to the East section."
(x) Minutes of the Planning Boazd regulaz meeting on June 14, 2000 state that
an application concerning the project was considered by the Planning
• Boazd for "second review for utility storage unit for property located at
Page 6 of 10
2635 S. Ocean Blvd., Byrd Beach Estates Lot 5." The Planning Boazd
• approved 5 to 1 a motion for "final approval for petition for utility
shedJcabana 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 prepazed.
(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
Mazch 11, 1997 (discussed above).
(z) Minutes of the Planning Boazd 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-appeaz before the Planning
Boazd.
(aa) Public Notice of Boazd 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 Boazd members conducted a
site visit.
(cc) Public Notice of Boazd 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
(dd) Minutes of the Board of Adjustment public hearing 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 Board 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 are sent to the planning board
for review and recommendation. (ii) the planning board, after review of the plans,
gives recommendations to the building official. (iii) after receiving approval from
the planning board, the building official issues site plan approval.
Decision-Making Authority
X Advisory Review
• 13. Approvals Pending, if any: Application states that, while plans meet Town of
Highland Beach Zoning requirements, approvals are pending from other
governmental agencies, which are 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 year 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 are to the
Code applicable prior to 2000, Chapter 30.
(a) Site Plan Approval (~8.3(a)): Site plan approval will ezpire 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 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 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 04.4(b)): Single-family, two-family, and multiple-family
dwellings.
(e) Site Plan Review 04.4(d)): Required (See §10???)
(f) Minimum LotArea (¢4.4(e)(1)): 8,000 square feet per dwelling unit.
(g) Minimum Lot Width 04.4(e)(3))): 80 feet.
(h) Minimum Front Yard 04.4(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) Minimum Side Yard (§4.4(e)(5)): 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) Minimr~m Rear Setback 04.4(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) Maximum Building Coverage 04.4(e)(9)): 40%.
(1) Maximum Building Height 04.4(e)(11)): 40 feet.
(m) Maximrcm Building Width 04.4(e) (12)) : 110 feet, but can be increased by
increasing the side yards.
(n) Maximum Building Length 04.4(e) (13)) : 180 feet.
(o) Minimum Floor Space per Dwelling Unit 04.4(e)(10)): Assuming 3
bedrooms, 1,800 square feet of habitable space.
(p) Minimum Ceiling Height 04.4(e)(11)): 8 feet.
(q) Required Parking 04.4(e)(14)): Z spaces per dwelling unit.
(r) Access Requirements 05.4): 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.
All 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. Other:
(a) Stormwater Management 05.17): Stormwater management is required
for all land development (including single family homes), in accordance
• with those regulations administered by the South Florida Water
Page 9 of 10
Management District set forth in Chapter 40E, Florida Administrative
Code, as amended.
Pge 10 of 10