1994.10.12_PB_Minutes_Special-~' _ d~
TOWN OF HIGHLAND BEACH
• PLANNING BOARD
PUBLIC HEARING/SPECIAL MEETING - MINUTES
Wednesday, October 12, 1994 9:30 A.M.
Chairman Robert L. Lowe called the advertised Public
Hearing/Special Meeting to order in Commission Chambers at 9:30
A.M., stating its purpose was review a proposed amendment to
Section 5.1 (a) [Fences, Walls and Hedges/Height Limitations) of
Chapter 30 [Zoning] and to receive public comments regarding same.
Deputy Town Clerk Doris Trinley called the roll. Present were the
Chairman, Vice Chairman Leonard D. Bell and Members James F.
Morrill, William Maltz, Felix R. Goldenson, Domenic Marino and
Michael W. Hill.
Building Official Lee Leffingwell, Town Attorney Thomas E. Sliney
and members of the general public were also in attendance.
Ms. Leffingwell opened discussion at the request of the Chairman,
apologizing for any confusion caused by her absence from the
September Regular Meeting relative to giving an explanation to the
• proposed amendment. She advised that as this time Town Code calls
for front property fences, walls and hedges to be a maximum 2-1/2'
high if set on property line, and 6' maximum in height if placed 5'
within property line. The proposed amendment would allow for 6'
fences, walls and hedges to be placed on property line if there
were no impairment to a visibility triangle. She further noted
that if the Town did opt to amend the Code in this way, it would be
in keeping with Palm Beach County Code, as well as several other
municipal codes within the County.
In-depth discussion followed, during which many questions were
raised and concern expressed in certain areas:
regarding placement in proximity to the bike path on
the west side of State Road AlA, Ms. Leffingwell
advised it was not possible to know the front
property line of individual lots without a survey.
.regarding how this proposed amendment would affect
the Town's side streets and streets on Bel Lido
Isle, Ms. Leffingwell said only corner properties
would be subject to the requirements of a visibility
triangle.
.if the Code remained unchanged, there was a possi-
bility the Board of Adjustment might be petitioned
for variance(s) on a case-by-case basis, which might
be a more feasible approach than amendment to Code.
•_t '~
Planning Board
• Public Hearing/Special Meeting
October 12, 1994 Page 2 of 3
During the course of discussion the Building Official advised that
one of the factors leading to the proposed amendment was that a
number of fences, walls, and/or hedges already in place in the Town
do not meet this Code requirement as it is now written. (It was
agreed that any hedges could be cut to meet the Code.) However,
adoption of the amendment would bring all into compliance.
Also considered was that the type of estate-type homes recently
built, which will in all probability continue to be built, lent
themselves to the privacy a 6' frontal wall could provide.
Concluding discussion, Chairman Lowe invited Public Comments; there
were none.
Further amendment to the proposed amendment ordinance language was
then made in a MOTION by MR. HILL/MR. GOLDENSON:
THE PLANNING BOARD RECOMMENDS TO THE TOWN COMMISSION
THAT IT CONSIDER ADDING THE FOLLOWING TO THE PROPOSED
AMENDMENT OF CHAPTER 30, SECTION 5.1 (a):
"FURTHER PROVIDE, AS IT RELATES TO PROPERTIES
ON THE WEST SIDE OF STATE ROAD AlA, NO FENCES,
WALLS OR HEDGES BE CLOSER TO THE TOWN OF
HIGHLAND BEACH'S BIKE PATH THAN 2-1/2'."
Chairman Lowe called for roll call vote on this proposed. additional
language only:
MR. HILL.......... AYE
MR. MARINO........ AYE
MR. GOLDENSON..... AYE
MR. MALTZ......... NAY
MR. MORRILL....... AYE
MR. BELL.......... AYE
MR. LOWE.......... NAY
The Chairman then called for roll call vote on the entire proposed
amendment, to include the additional language just voted upon:
MR. HILL.......... AYE
MR. MARINO........ AYE
MR. GOLDENSON..... AYE
MR. MALTZ......... NAY
MR. MORRILL....... AYE
MR. BELL.......... AYE
MR. LOWE.......... AYE
The being no further business to come before the Board at this
time, the Public Hearing/Special Meeting was adjourned upon MOTION
Planning Board
. Public Hearing/Special Meeting
October 12 1994 Page 3 of 3
by MR. BELL/MR. GOLDENSON at 10:15 A.M.
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APPROVE : ~~ o'`7z,--~--_
Robert L. Lowe, C irman
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Leonard D. Bell, Vice Chairman
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ames Morrill
William Maltz
ATTEST:
DATE:
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Felix R. Goldenson
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• lIE~LY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
MIAMI FIELD OFFipE, t Lazo N. KeNO~t1 bRNE, 8UiTE ~ Oa
MII~MI, fL0A1DA 33t79
October 5, 1994
Regulatory Field Office
Miami, Florida
Mr. Rick Brautigan
Architecture Inc.
1925 N. FCdexal Highway
Delray seach, Florida 33483
Dear Mr. Brautigan:
y ~,1~`~`~'"A ,
The Miami Field office, Regulatory Division, Jacksonville
District of the U.S. Army Corps of Engineers is in xeceipt of
your request to utilize an Casement granted to the U_S. Army
Corps of Engineers. The easement in question is located on the
north side of Lot 7A, Byrd Beach, Palm Beach County, Florida and
measures th~.rty (30) feet in width and extends the length of the
property (173.88 feet). The materials that were provided by
Architecture Inc. are being forwarded to Mr. Don Nelson,
Jacksonville District, Division of Real Estate for consideration
of a Consent to Use Easement.
Please feel free to contact our office at 305-526-7181 if we
• may be of further service.
Sincerely,
Charles A. Schnepel
Chief, Miami Field office
•