2024.07.29_BAA_Minutes_RegularTOWN OF HIGHLAND BEACH
TOWN BOARD OF ADJUSTMENT &
APPEALS REGULAR MEETING MINUTES
Town Hall Commission Chambers Date: July 29, 2024
3614 South Ocean Boulevard Time: 10:00 AM
Highland Beach, Florida 33487
1. CALL TO ORDER
Chairperson Rosen called the meeting to order at 10:00 A.M.
2. ROLL CALL
Board Member Jeffrey Gordon
Secretary Harris Rosen
Board Member Todd Weiss
Vice Chairperson Michael Thorson
Chairperson Fred Rosen
Town Attorney Leonard Rubin
Town Clerk Lanelda Gaskins
ABSENT
Board Member Joel Leinson
ADDITIONAL STAFF
Town Planner Ingrid Allen
3. PLEDGE OF ALLEGIANCE
The Board led the Pledge of Allegiance to the United States of America.
4. APPROVAL OF THE AGENDA
MOTION: Chairperson Rosen - Moved to approve the agenda as presented,
which passed unanimously 5 - 0.
5. SWEARING IN OF THE PUBLIC
Town Clerk Gaskins swore in those witnesses giving testimony.
Board of Adjustment & Appeals Regular Meeting Minutes
Date: July 29, 2024 Page 2 of 3
6. APPROVAL OF MINUTES
A. January 21, 2024
MOTION: Chairperson Rosen/Secretary Rosen -Moved to approve the January
21, 2024 Minute as presented, which passed unanimously 5 - 0.
7. NEW BUSINESS
A. Application No. PZ -24-2 / Maria and Stephen Garchick
Consideration of Application No. PZ -24-2 by Michael Marshall, Esq., for an
Appeal of a Town interpretation regarding customary yard accessories for
the property located at 2474 South Ocean Boulevard.
Chairperson Rosen introduced Application No. PZ -24-2 / Maria and Stephen
Garchick. He asked the Board Members if they had any ex parte communications
to disclose. The Members had no ex parte communications.
Chairperson Rosen opened the public hearing.
Michael Marshall, Attorney for the applicants presented and discussed his appeal
of the Town's interpretation regarding customary yard accessories for the above -
referenced property.
Town Planner Allen provided an overview of Application No. PZ -24-2 regarding
an appeal of a town interpretation related to customary yard accessories. At the
July 09, 2024, Code Enforcement Board meeting, the applicant received an
extension until October 4, 2024, to address a code violation for constructing a
pergola without a permit.
Following the presentations, discussion ensued among the Board Members,
Attorney Michael Marshall, and Town Planner Allen regarding the application.
Also, the following individuals provided comments
Stephen Garchick, property owner.
Building Official Jeff Remas explained that the structure is a sun controlled
structure which is an accessory structure.
Maria Garchick, property owner.
There being no further comments or questions, Chairperson Rosen closed the
public hearing. He called for a motion.
Board of Adjustment & Appeals Regular Meeting Minutes
Date: July 29, 2024
Page 3 of 3
MOTION: Rosen/Thorson — Moved to uphold staffs interpretation and denied
the appeal. Upon roll call: Chairperson F. Rosen (Yes), Secretary
Thomson (Yes) Member Gordon (No), Secretary Rosen (Yes); and
Member Weiss (Yes). The motion passed on a 4 to 10 vote with
Member Gordon dissenting.
8. UNFINISHED BUSINESS
None.
9. ANNOUNCEMENTS
August 06, 2024 1:30 P.M. Town Commission Meeting
August 08, 2024 9:30 A.M. Planning Board Regular Meeting
August 13, 2024 1:00 P.M. Code Enforcement Board Regular Meeting
10. ADJOURNMENT
The meeting was adjourned at 11:04 A.M.
APPROVED: November 12, 2024, Board of Adjustment & Appeals Regular Meeting
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Frei Rosen, Chairperson
Transcribed by: Lanelda Gaskins
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