Loading...
1994.04.13_PB_Minutes_Regular TOWN OF HIGHLAND BEACH PLANNING BOARD REGULAR MEETING - MINUTES Wednesday, April 13, 1994 9.30 A M Chairman Robert L. Lowe called the Regular Meeting to order in Com- mission Chambers at 9:30 A.M. Deputy Town Clerk Doris Trinley called the roll. Present were the Chairman, Vice Chairman Leonard D. Bell and Regular Members James F. Morrill, Felix R. Goldenson, Domenic Marino and Michael W. Hill. Regular Member William Maltz was absent. Also present were Building Official Lee Leffingwell and Town Attorney Thomas E. Sliney. Town Manager Mary Ann Mariano was in the audience, as were members of the general public. MINUTES Upon MOTION by MR. MORRILL/MR. MARINO, the Minutes of the following Meetings were unanimously approved: • March 9, 1994 Public Hearing March 9, 1994 Regular Meeting OLD BUSINESS Review Application for Satellite Dish to be Installed at 2809 S. Ocean Blvd., Lots 114-115E (Holiday Inn). Submitted by Polaris Communica- tion and Engineering, Inc, for Ocean Properties (Owner/Holiday Inn) Polaris representative Mike Bredlau addressed the members, explaining the proposed satellite dish would be used in conjunction with a national Holiday Inn system for reservations only; the dish would not receive any video. Regarding height of the dish, Mr. Bredlau advised it would be only 4' overall and sufficiently landscaped to hide it from view. During discussion regarding placement, it was noted the dish would be placed 15' from the north property line to meet Town setback require- ments; however, since the dish would be permanently set at 203° south- west at approximately a 560 or 570 angle, Mr. Bredlau was asked if it could be placed immediately next to the masonry wall, which is now in place at the extreme north of the property, to improve the aesthetics of the installation. This request generated a discussion regarding setback requirements, with Attorney Sliney advising that he saw no violation of same since the dish was not a permanent structure and, therefore, no variance would be necessary to move it out of the set- back. Mr. Bell further noted that moving the dish immediately next to the wall would solve th concern of it being viewed from the beach. Planning Board • Regular Meeting - Minutes April 13, 1994 Page 2 of 4 At this time, Larry Holsborg, President of Villa Magna Condominium Association, also voiced his support of placing the dish immediately adjacent to the Holiday Inn's north boundary masonry wall. (Mr. Holsborg was in attendance with several other residents of Villa Magna, which is situated directly north of the Holiday Inn.) Upon Mr. Bredlau's agreement to install the dish next to the north masonry wall, Ms. Leffingwell asked that he and Holiday Inn Manager, Kathy Tilton, initial the plans to this effect. In this regard, she also advised the Board that before a permit was issued, she would require "as built" drawings from Polaris. This established, the fol- lowing MOTION was then made by MR. BELL/MR. GOLDENSON: THE PLANNING BOARD APPROVES THE NEW SKETCH THAT WILL BE SUBMITTED ON THE RELOCATION OF THE SATELLITE RESER- VATION DISH, TO BE SKETCHED OUT AND APPROVED BY THE VILLA MAGNA ASSOCIATION PRESIDENT AS TO LOCATION, IN CONJUNCTION WITH THE APPROVAL OF THE TOWN OF HIGHLAND BEACH BUILDING INSPECTOR AND THE HOLIDAY INN. Motion met with unanimous favorable vote. • Attorney Robert Eisen, who was in attendance to respresent the agenda item relating to release of Unity of Title for Lot 129E, indicated his presentation for same would be quite lengthy and asked if in the interest if time Architect Gregory Miklos' agenda item could be heard next. There was no objection from the members. Preliminary Review for Single Family Residence at 3615 S. Ocean Blvd., Lot 74E. Submitted by Miklos & Assoc., Architects, for Doppelt (Owner) Gregory Miklos addressed the Board, explaining the residence would be built directly across from Town Hall, on property previously occupied by the Sunny Surf Motel, which had recently been demolished. Mr. Miklos presented an artist's rendition of the residence and noted it would be 2-1/2 story, with approximately 10,000 sq.ft. of living space. Members convened to the table for discussion and review, where questions raised were answered to their satisfaction. In conclusion, it was advised by the Building Official that final approval could be given at this time should the members so decide, and the following MOTION was made by MR. MORRILL/MR. MARINO, which met with unanimous favorable vote: THE PLANNING BOARD GIVES FINAL APPROVAL TO PLANS FOR A SINGLE FAMILY RESIDENCE AT 3615 S. OCEAN BLVD „ LOT • 74E. SUBMITTED BY MIKLOS & ASSOC., ARCHITECTS FOR DOPPELT (OWNER); JOB N0. 24993, DATED MARCH 10, 1994. Planning Board Regular Meeting - Minutes April 13, 1994 Page _3 of 4 Review Request for Subdivision of tot 129 East Pursuant to Section 7.2 of Town Code of Ordinances Chapter 30 [Zoning], As Set Forth in Appli- cation for Release of Unity of Title. Submitted by Robert Eisen, Esq. for Highland Beach Associates, Inc:.. (Owner). Attorney Eisen represented the owner (Frank Lahage) and gave a brief history of the property, i.e., it was previously owned by Harcourt Sylvester, with only one residence on the east side and nothing built on the west side; when Mr. Lahage purchased the property, it was divided into a total of for (4) building lots by Unity of Title being granted by the Town Commission; 129 East [North and South] and 129 West [North and South]. Mr. Eisen used drawings of the particular lot on which release of Unity of Title was requested (129 East, North and South), as well as other lots in the area (east and west) which were already built out, were being built, or were not yet developed. He explained that a residence now existed on Lot 129 East (North) and, while Lot 129 East (South) was vacant, an easement had already been created on the south 3' of the lot. However, Mr. Lahage was desirous of obtaining a release of Unity of Title on Lot 129 East, which totalled 250' AlA frontage and, allowing for the 125` already built out on the north • portion, his request was that the south portion revert to 120' with a 5' section (a 2' increase) on the south side of the south lot being granted title in fee simple. This, Mr. Eisen explained, would allow Mr. Lahage to offer ocean access, through a homeowners association and for a monetary consideration, to west side property owners, thereby freeing whomever purchased Lot 129 East (South) from the responsi- bility of an easement. Mr. Eisen further noted that existing easements on Lots 135 East (McNally) and 133 East (Mr. Lahage's personal residence) were being eliminated. When asked for an opinion on the matter, 8ui1ding Official Leffingwell referred to a memorandum she had submitted, each member having re- ceived a copy, in which she stated that in her judgment a recommenda- tion supporting this request would create a nonconforming lot. She noted the memo also offered possible alternative measures to alleviate the situation which would not violate Code or involve the Town. Lengthy discussion followed, during which Town Manager Mariano noted that the Board needed to determine if recommending such request would be recommending that a nonconforming lot be created, which, in effect, would be in violation of Town Code, Regarding west side property owners` access to the ocean, Mr. Eisen did reiterate that documents are now in place to make this available • to them via the 3' easement on the south side of Lot 129 East (South}. • Planning Board Regular Meeting - Minutes A ril 13, 1994 Page 4 of 4 • After concluding remarks were given by several members of the Board, the following MOTION was made by MR. SELL/MR. 60LDENSON: THE PLANNING BOARD RECOMMENDS THAT THE PROPOSAL FOR RELEASE OF UNITY OF TITLE FOR LOT 129 EAST BE DENIED BECAUSE IN EFFECT IT WOULD CREATE A NONCONFORMING LOT WHICH WOULD BE IN VIOLATION OF TOWN CODE. Roll call resulted in a 4-2 favorable vote as follows: MR. HILL ..............AGAINST MR. MARINO............AGAINST MR. GOLDENSON.........FOR MR. MORRILL...........FOR MR. BELL ..............FOR MR. LOWE ..............FOR (A copy of the Motion, which was transmitted to the Town Commission this date, is attached to and made part of these Minutes, as is a copy of Ms. Leffingwell's memorandum regarding the subject request.) There being no further business to come before the Board at this time, the meeting was adjourned upon MOTION by MR. MORRILLtMR. BELL at 10:35 A.M. i dmt enson Mic ae W. Hi ATTEST: DATE: ~S ~•~i - omenic ar~no