1994.12.19_PB_Minutes_Special (2)M
• TOWN OF HIGHLAND BEACH
PLANNING BOARD
SPECIAL EXCEPTION HEARING/SPECIAL MEETING -MINUTES
Monday, December 19. 1994 9.30 A M
Chairman Robert L. Lowe called the Special Exception Hearing/Special Meeting to order
in Commission Chambers at 9:30 A.M., stating its purpose was as follows:
TO EXAMINE AN APPLICATION FOR SPECIAL EXCEPTION SUBMITTED
BY AL GIACHETTI RE THE INSTALLATION OF A PAVILION/BATH/
CABANA, DOCK, PARKING AREA AND 3' ELEVATED WALKWAY WITH
GAZEBO/OBSERVATION DECK ON VACANT LOT 57 WEST (DEGANAHL
TRUST/OWNER.
Deputy Town Clerk Doris Trinley called the roll. The Chairman, Vice Chairman Leonard
D. Bell and Members William Maltz, Felix R. Goldenson and Michael W. Hill were
• present. James F. Morrill and Domenic Marino were absent.
Building Official Lee Leffingwell and Town Attorney Thomas E. Sliney were also in
attendance, as were members of the general public.
At the request of Chairman Lowe, Building Official Leffingwell first addressed the project,
advising that while the Board had previously approved plans for a single family residence
on Lot 57 East, because Mr. Giachetti planned only accessory usage on Lot 57 West,
this meeting had been necessitated to conform with Section 5.2(a) [Accessory Uses and
Structures] of Chapter 30 [Zoning]. (Copy attached to and made part of these Minutes).
When questioned about permits from other governing agencies (DEP and Army Corps
of Engineers), Ms. Leffingwell responded that applications had been made, but none
were in hand at this time.
For clarification of Code requirements regarding the project, particularly as regards
adjacent property owners, Attorney Sliney read appropriate excerpts of Chapter 30's
Section 10 (Special Exceptions) into the record.
John Quini, Mr. Giachetti's business associate, then identified himself and architect
James Drago to the members. He read into the record a letter addressed to the Board
from Mr. Giachetti detailing certain aspects of the project. (Copy attached to and made
part of these Minutes.)
§ 5 EiIGHL.-~~1D BE.~CH CODE
• (d) Chain link fences. Chain link fences prohibited unless
screened by a living hedge which substantially hides the
fence.
(e) CAB approval. All fences and walls must have community
appearance board (CAB) approval prior to issuance of per-
mits.
5.2 Accessory uses and structures:
(a) To be on same lot as principal use. Acce;~`uses and
structures shall be located on the s ~` as the principal
use or structure or on a cont' in the same owner-
ship; provided, howeve . 'where lots or portions of lots
in the same o are divided by a street, and are
immediat 'osite to each other, the town commission
ma , as a special exception, appropriate accessory
or structures on such noncontiguous lots or portions of
lots.
(b) Pools and pool decks:
~i
(1) Aboveground pools are prohibited.
(2) Swimming pools must be set back at least twenty-five
(25) feet from the edge of the pool to the front property
line and ten (10) feet from the rear and/or side lot line.
Swimming pool deck or decks must be set back at least
twenty (20) feet from the front .property line and at
least four (4) feet from the rear and/or side lot line. In
uses where the rear property line borders a public body
of water, the pool deck or decks may extend to the
right-of--way line or bulkhead line, whichever is fur-
ther landward.
(3) Swimming pools in front yards shall be concealed from
view from public thoroughfares.
(c) Spacing. No separate accessory structure shall be located
within five (5) feet of any other building.
(d) Noncommercial docks, piers, launching facilities and
mooring devices:
(1) Uncovered noncommercial docks, piers, ramps, lifting
and launching devices are permitted as accessory uses
•
I
V
F
Supp. No. 1
1778
L
JAG DESIGN AND DEVELOPMENT INC.
PO Box 241
Delray Beach, Florida 33447
December 1$, 1994
Special Exception Board
Dear Board members;
Please excuse my absence at this meeting, due to last minute scheduling
previous obligations could not be changed to allow my presence.
As some of you know from the Zoning and Community Appearance Boards my
name is AI Giachetti and I am in contract to purchase the DeGanahl estate at
3905 S. Ocean Blvd. for a private single family residence. In addition to the
parcel on the east side of A1A which has been approved for the dwelling this
estate also has a west parcel of 100 x 1000' mostly mangroves.
On this west parcel it is our intention to construct a private boat dock,
observation deck, access walkway, cabana/boat house, and off street parking
and drive. The development on this 2 1/2 acre parcel is much less of an impact
than is currently allowed by zoning.
• The observation deck/gaaebo and cabana are necessary because of the
depth of the property and the traffic on A1A. The driveway and off street parking
wilt allow safe access to the west site.
l am aware that a positive decision from this Board is not a permit to build but
actually an approval to apply for the required environmental and Highland beach
permits so that construction may begin.
have applied to D.E.P. and Army Corps and we have had several positive
meetings. 1 believe 1 will be successful. in getting the necessary permits and in
dealing with the environmental issues relating to the both parcels.
In closing I would like to note that the actual development is minute compared
to the entire property and that it will hardly be visible by the adjacent property
owners.
Thank you for your time and happy holidays to you all.
,~ _ ~ V
• Giache , Pr .JAG Design & Dev. Inc..
Planning Board
Special Exception Hearing/Special Meeting
December 19. 1994 Page 2 of 2
Review of plans and substantial discussion then took place, with questions being
answered to the members' satisfaction. Of particular note was the concern that the
pavilion would be seen from A1A; architect Drago said it could be moved back and
appropriate landscaping would be put in place. In conclusion, the following MOTION
was made by MR. MALTZ/MR. HILL:
THE PLANNING BOARD RECOMMENDS THAT PLANS FOR LOT 57 WEST BE
APPROVED BY THE TOWN COMMISSION, WITH THE MODIFICATION THAT
THE PAVILION BE MOVED BACK AND PROPERLY LANDSCAPED TO
ENSURE A MINIMUM OF VISUAL CONTACT WITH A1A.
Roll call met with unanimous favorable response.
There being no further business to come before the Board at this time, adjournment took
place at 9:55 AM upon MOTION by MR. BELL/MR. MALTZ.
dmt _ ~;
a.
APPROVE' ~'
Robert L. L e, Chairman
L nard D. Bell, V e Chairman
William Maltz Felix R. Goldenson
,,
M chael W. Hill
ATTEST: ~~~"~e~ ~
DATE: `'~ ~/ ~~
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