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2005.10.12_PB_Minutes_Regular• a TOWN OF HIGHLAND BEACH • PLANNING BOARD REGULAR MEETING MINUTES Wednesday, October 12, 2005 9:30 a.m. Chairman Neil W. Burd called the Regular Meeting to order in Commission Chambers at 9:30 a.m. Present were Vice Chair Theresa Colarullo, Louis P. Stern, Leonard O. Townsend, Patricia Pembroke, Victor Hadeed and Leonard D. Bell. Also present was Town Attorney Thomas E. Sliney. Building Official Robert Dawson was absent. ROLLCALL Upon MOTION by MR. TOWNSEND/MRS. PEMBROKE, the minutes of the August 10, 2005 Regular Meeting were unanimously approved. NEW BUSINESS FINAL REVIEW FOR CONSTRUCTION OF A NEW HOUSE FOR PROPERTY LOCATED AT 4112 SOUTH OCEAN BLVD. APPLICANT EUGENIO TUNDISI. Mr. Tundisi presented his application to the Board. It was noted that this project went . before the Board of Adjustment on August 17, 2004 for a setback request, and was approved. After reviewing the plans, the following MOTION was made by MRS. PEMBROKE/MRS. COLARULLO: THE PLANNING BOARD GRANTS FINAL APPROVAL FOR DEMOLITION AND CONSTRUCTION OF A NEW HOUSE FOR PROPERTY LOCATED AT 4112 SOUTH OCEAN BLVD.; APPLICANT EUGENIO TUNDISI. MOTION carried unanimously. FINAL REVIEW FOR DOUBLE FACE 3 X 5 (15 SQ.FT X 2 = 30 SF TOTAL) MARKETING SIGN FOR PROPERTY LOCATED AT 4104 SOUTH OCEAN BLVD.; APPLICANT: SSB LAND HOLDING, INC. After lengthy discussion, the Board expressed concern on the appearance of the sign, noting it looked like a sales sign rather than advertising sign. They also felt it was unattractive with the large red lettering "COMING SOON". Because Mr. Dawson was not in attendance at today's meeting, this application was tabled until the November 9 Regular Meeting when Mr. Dawson would be available for his comments. ADJOURNMENT • With no further business to come before the Board, MOTION to adjourn was made by MR. TOWNSNED/MR. STERN at 10:15 a.m. C7 • Planning Board October 12 2005 Paae 2 of 2 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 Attest: ~~' ~~ Date: (o Memorandum Date: October 6, 2005 To: Town of Highland Beach Planing Board Neil W. Burd, Chairman From: Robert S. Dawson, Building Official Subject: Application for Residence at 4112 S. Ocean Boulevard X have reviewed the application and plans related to this application. The plans do not meet the Towns' required setbacks, however, a variance has been granted for reduced setbacks. I see no reason for the Planning Board to disapprove this application. • C:-\1(1()\Planninu Rrci 4112 C (k~.ean tine Memorandum • Date: October 6, 2005 To: Town of Highland Beach Planning Board Neil W. Burd, Chairman From: Robert S. Dawson, Building Official Subject: Application for Sign at 4105.Ocean Boulevard I have reviewed the application and plans related to this application. The plans for the proposed sign meet the Town's requirements. I see no reason for the Planning Board to disapprove this application. U C:\100~Planning Board sign 4104 s ocean.doc Page 1 of 1 • • • BOARD OF ADJUSTMENT AND APPEALS DECISION ON PETITION FOR VARIANCE Petition No. 06-04-76 Public Hearing Date_ Auctust 17 2003 Town Code Chapter 30. Article IV Section 64 Table 30-2 Petitioner Kado Tundisi Property Address 4112 South Ocean Blvd. Lot 39 In the above numbered Petition, by vote as shown in the official Minutes and recorded on the reverse side of thi rm, it was determined and ordered that the requested variance be granted ]; denied ( ]; granted subject to the following conditions and safeguards ]: In reaching its decision and order, the Board has found/has not found in the case of the above numbered Petition that: 1. Special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same district. :. The special conditions and circumstances do not result from the action of the applicant. 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by the ordinance to other lands, structures or buildings in the same district. 4. Literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the ordinance, and~vould work unnecessary and undue hardship on the applicant. 5. The reasons set forth in the applicant's petition justify the granting of the variance, and the variance granted is the minimum reasonable variance that will make possible the reasonable use of land, structure or building. 6. Granting of the variance will be in harmony with the general purpose and intent of the ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Chapter 30 Zoning Code/Article III; Sec.30-40(h) A variance, when implemented in accordance with the approval granted by the Board of Adjustment and Appeals, shall run with the land in perpetuity. Unless a lesser time is approved by the Board of Adjustment and Appeals, a variance that is not implemented shall expire eighteen (18) months following approval. extensions of variance approvals shall not be granted by the Board of djustment and Appeals. Board of Adjustment and Appeals Decision on Petition for Variance No. 06-04-76 Pa e 2 • SIGNATURES WRITE "FOR" OR "AGAINST" PETITION Joseph A. Sarubbi, Chairman C~--~,~ir. ~-- _ ~_~.~. r Merton Rubin, Vice Chairman `~~ U ~~ -~e~~' -1-v~ ~~ NOTE: ANY PERSON, OR PERSONS, OR ANY TAXPAYER, BOARD, DEPARTMENT, OFFICER, BOARD OR BUREAU OF THE TOWN OF HIGHLAND BEACH AGGRIEVED BY A DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS, MAY, WITHIN THIRTY (30) DAYS AFTER RENDITION OF THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS, APPLY TO THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, FOR JUDICIAL REVIEW PURSUANT TO FLORIDA STATUTE 163.250. ~C: BUILDING OFFICIAL ~ ~/~/~y Barbara G. Eagel, Sec. a %i i~h' .' TOWN OF HIGHLAND BEAC~i ~~~ BOARD OF ADJUSTMENT ~v~ ~ ~ ~~a4 PETITION QO_NOT WRITE IN THIS BPAGE - FLR OFFI E USE ONLY V ~~~( ~' PETITION NO. ~ ~-• ~ L~ - `7~0 ~~~ ~~~ ~ FEB ?AID/RSCfiIPT NO. DATE SBT FOR PUBLIC HEARING ~ ~ doY The owner or his agent has lue not submitted a petition regarding the subject property within the last year. NOTE: Ordinance No. 44Z Pees: Variance and/or Appeal to Board of 130ARD OF ADJUSTMENT -TOWN OF HIGHLAND BfiACH, FLORIDA '~:WNER5_ NA~:S ~l1 D ~- T/~~h / S / /PHONE ~ / ~R~ ADn ~~ss .~1D ~(/G ~~.t'~ ~} V~ ~OGi9 l'(,R TD ~ ~:. AUTHOR~I ZEU AGB~'T AUTIXORI ZED AC3ENT ADDRESS Z ~' "W~ (~~~° 1~ 33~,~3 request that a determination be made by the Board of~Adjustment of. the Town of Highland Bea h for the following Variance under s tion (s) Ctt cad ~iZT ~..5~ ~y ?~-~l$~~'Zof Chapter 30 of the Code of nances of the Town of Highland Beach. The description of the s ject property is as follows: ADDRESS `fll.~ ~ • QC~H ~.1 ~L ~v. f~/G~~.A~)J ~- ~~, f~ ~3~ ~7 LOT _ BLOCK SUBDIVISION- C % ~N~J~ _~~~~~ LOT SIZB f DD I ~ ~OZ1 ~ PRfiSBNT ZONING /~ L PRE3RI~=~' USE ~LJ~ TI ~T7~ ~ L--Y -- Px'e:sent structures (type) / FOR ~P~,er~l~~~"s 2 . The proposed use will be ~TD~ ~ ~~/y ~L-~-~1~~.L~ 3. If this Petition ie granted, the effect willbQe to ~'4 UuGt-: FIeDiIJ % ~T7r`~S~9r~x ~leP/yI ~ f~ ,~~ ~ / 1 ~EbUGc' ~% /e~'"~~'T1 ~~ of de ~ X ~~~ - i.e., to reduce side yard from 7-1/2' to 2') TONN Oti' ,HIGHLAND BEACH AOARD OF 1t-D.TUSTMBNT r~ f ~~ ,~ ::~ ._~4} .. 4 For. a variance to be favorably considered. the Board of Adjustment must find that the trollowing .four requirements have- been met. After each paragraph, state fully youz- reasons justifying the granting of this variance. (a) That spacial conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, et.ructuree or buildings fn the same district; The structure on this corner lot has continued for about 4O~years as amulti-family residential use. The existing building front setback an South Ocean Blvd. varies from 22.1' to 29.2', or an average of 24.15'. The existing side setback on i`ligl~lancl Beach Drive varies frcmi 19.G' l0 20.(1', ~r an 7vcragc cif 1 c).fi'. Cb) That the special conditions and circumstances do not reaul.t from the actions of thw applir:snr; The existing conditions have been in place prior to the cnvncrship of the property by the applicant. • (c) That granting the variance requested will not confer on the applicant any special privilege that ig denied by this ordinance to other lando, buildings or structures in ' the eame~diatrict; Any structure that has been in existence prior to the coning change is subject tv the same conditions. (d) That literal interpretation of the provisions of this ordinance would deprive the applicant of the rights corrwnonly enjoyed by other properties in the same district under the terms of this ordinance and would work unnecessary and undue hardohip on the applicar-t. Any property with stnichrres built hef~re the adoption ~f the current y~ning is subject to a variance. ~ 000 ~~ 2~ TOWa1 Og' HIGHLAND BB1~CN 1t0]tRD of AD.7U$TMF.NT ~~ ~ ~~ PETITIQN _ L'aca~. U ±UN ~ ~ 2GG4 5~ Hae any previous application or appeal been filed within th last year in connection with these premises? tYes) tNo)~ ~f so, briefly gtste the nature of the application car ap Following are the names and addressee oL all owners o~ property 'within a distance of 300 feet from the outside edges of the property involved in this petition. petitioner quaranteea that sE-uch o~r>r~ere of property will be legally notified by c:ertitied mail of thR l~ear.inq date a»d the nature of this petition, throuyh a copy c.~t lt>to pel.itiar~, and will provide satis[aetc~ry Af f iciavit pr.~c~i c.~t notification, including certified mail re:rr.ipt.n, i~~ acivanc:e of any scheduled publir. hearing, wa provided hwto~. (Attach extra sheet if necessary) The undersigned hereby attest to the iaCt that alt statements contained in this document are true. pyn+TgR AUTHORIZED AGENT er must supply authorized agent nvlarizeci le<ter. artesti><-y to same. Sworn this. and aubgeribedtC afore ~+ne ~ _ day of :~~~. i~9'9~ o~~f' ~, ~. c ______ °i~~M: y~. JANE P. DILLON • =+; .: MY COMMISSION # DD ~8 4B ~'~: EXPIRES: January 21, 2008 "S~ ;~°:~' eases rnn, Woouy Pic u~n~mers a~oo' Q~z~ ~~ ~~ ~~ ~~~~~ ~' ~~-~~ R ~ q~ ~ ~ ~~ :~ ~~ ~ ~ * ~~ ~ Q Q~ ~~ ~~ ~, - ~ i• ~ R C ` ©~ ~ ~i a`~ 0 . ; 3 ~. ~ ~ ~ ~- ~ ~ ~~~ ~~ ti N ~~ x ~ ~ '~ \ ~ ~ ~ BE'~ Lr00 G. 47 P, B. 2S P ~4{2y v Z ~1 r ~ ~w ~ 4 h MKA P,R~ " ~ sy ~? ~ ., ,~'~ t~ v ~~~ u ~ evi ~~,, ` ~ .~ ~ VV w ~ w1 ~~ p •~~ ~ , Q a ~ a v ~ v 'i ~ ~ ~~~ ~p l~•b~~ /J.Od~ ~~ y Q ` v ~ k~ a ~ . -~ , ~~ • v - 73 ~ ~ j ~ .f/w uve` '.. ~~ 1 are~v.MK f : ~ ~ ~ , ____. 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