1994.03.09_PB_Minutes_Regular
TOWN OF HIGHLAND BEACH
PLANNING BOARD
REGULAR MEETING - MINUTES
Wednesday, March 9, 1994 9:48 P.M.
Chairman Robert L. Lowe called the Regular Meeting to order in Com-
mission Chambers 9:48 A.M., immediately fallowing the Public Hearing.
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 Thomas E. Sliney and members of the general public.
APPROVAL OF MINUTES
Upon MOTION by MR. HILL/MR. GOLDENSON, the Minutes of the February 9
Regular Meeting were unanimously approved.
OLD BUSINESS
None.
NEW BUSINESS
Before addressing the agenda, Chairman Lowe advised that because she
could not be in attendance, Building Official Lee Leffingwell had.
written a memorandum to the Board in which she stated that all agenda
items were in compliance with Town Code and could be given final
approval after review, should the members so decide. A copy of the
memo was provided to each member. (A copy is attached to and made part
of these Minutes.)
NEW BUSINESS
Preliminary Review for Single Family Residence at 4200 Tranquility
Dr., Block 5, Lot 10, Bel Lido. Submitted by Frankel (Owner).
With Architect Dwight Barver representing the project, substantial
discussion took place as the members reviewed the plans. Upon con-
clusion, the following MOTION was made by MR. BELL/MR. MARINO and
met with unanimous favorable vote:
IN ACCORDANCE WITH MS. LEFFINGWELL'S MEMO DATED MARCH 3,
THE PLANNING BOARD GIVES FINAL APPROVAL TO PLANS FOR A
. SINGLE FAMILY RESIDENCE AT 4200 TRANQUILITY DR., BLOCK 5,
LOT 10, BEL LIDO. SUBMITTED BY FRANKEL (OWNER); DWIGHT W.
BARVER, ARCHITECT, JOB N0. 93-269 DATED 2!7/94, SHEETS
1 THROUGH 15.
Planning Board
Regular Meeting - Minutes
March 9,_1994 Page 2 of 3
Preliminary Review for Single Family Residence at 2525 S. Ocean Blvd.,
Lot 126E. Submitted by Mark Timothy, Inc. for Cherry (Owner).
The owners, Mr. & Mrs. Eric Cherry, architect Randall E. Stofft and
contractor Mark Timothy were in attendance and met with the members
for review of the plans. Concluding review, the following MOTION was
made by MR. BELL/MR. MARINO and met with unanimous favorable vote:
IN ACCORDANCE WITH MS. LEFFINGWELL'S MEMO DATED MARCH 3,
THE PLANNING BOARD GIVES FINAL APPROVAL TO PLANS FOR A
SINGLE FAMILY RESIDENCE AT 2525 S. OCEAN BLVD., LOT 126E.
SUBMITTED BY MARK TIMOTHY, INC. FOR CHERRY (OWNER); RANDALL
E. STOFFT, ARCHITECT.
Preliminary Review for Single Family Residence at 4206 Intracoastal
Dr., Block 4, Lot 25 Bel Lido. Submitted by Peter Ince (Owner)
Mr. Ince addressed the members and
proposed residence. He said it wo
4700 sq.ft.; plans also called for 5
After discussion and review of the
the following MOTION, which met with
gave some particulars about the
uld be 2-story and approximately
bedrooms and 5-1/2 baths.
plans, MR. BELL/MR. MORRILL made
unanimous favorable vote:
IN ACCORDANCE WITH MS. LEFFINGWELL'S MEMO DATED MARCH 3,
THE PLANNING BOARD GIVES FINAL APPROVAL TO PLANS FOR A
SINGLE FAMILY RESIDENCE AT 4206 INTRACOASTAL DR., BLOCK 4,
LOT 25, BEL LIDO. SUBMITTED BY PETER INCA (OWNER); PLANS
PER RANDALL STOFFT, ARCHITECT.
Review of Plans for Installation of a Satellite Dish at 2809 S. Ocean
Blvd., Lots 114-115E (Holiday Inn). Submitted by Polaris Communica-
tions and Engineering, Inc.
It was noted for the record that there was no one present to represent
the project. Some discussion took place regarding the dish and its
placement, concluding with Mr. Bell's comments. A verbatim transcript
of Mr. Bell's comments is attached hereto and made part of these
Minutes.
Attorney Sliney concurred with Mr. Bell's suggestion to table this
item until the technical/legal aspects were more clear, particularly
since neither a representative from Polaris, nor the Building Official
were in attendance to answer members' questions. MOTION to table
until the April 13 Regular Meeting was then made by MR. BELL/
. MR. GOLDENSON and met with unanimous vote.
Planning Board
Regular Meeting - Minutes
March 9, 1994 Page 3 of 3
There being
the meeting
10:20 A.M.
dmt
ATTEST:
DATE:
no further business to come before the Board at this time,
was adjourned upon MOTION by MR. MORRILL/MR. GOLDENSON at
L_ J
~~ ~~~
e ix o enson
MEMORANDUM
•
T0:
FROM:
DATE:
SUBJECT:
TOWN COMMISSION
~~ .
ROBERT L. LOWS ~~
CHAIRMAN, PLANNING BOARD
APRIL 13, 1994
REQUEST FOR DISSOLUTION OF UNITY OF TITLE (LOT 129 EAST)
This is to advise that at its Regular Meeting this date, the Planning
Board recommended the Town Commission deny the subject request by the
following MOTION:.
THE PLANNING BOARD RECOMMENDS THAT THE PROPOSAL FOR
DISSOLUTION OF UNITY OF TITLE FOR LOT 129 EAST BE
DENIED .BECAUSE IN EFFECT IT WOULD CREATE A NONCON-
FORMING LOT WHICH WOULD BE IN VIOLATION OF TOWN CODE.
The Motion received a majority (4-2) favorable vote of those members
in attendance.
cc: Town Manager
Town Attorney
Building Official
.~TO: PLANNING BOARD, TOWN MANAGER MARIANO, TOWN ATTORNEY SLINEY
FROM: LEE LEFFINGWELL ~.~•
DATE: APRIL 12, 1994
RE: STAFF NOTES - APPLICATION FOR RELEASE OF UNITY OF TITLE
HIGHLAND BEACH ASSOC., INC.
2445 SO. OCEAN BLVD., HIGHLAND BEACH
SUBMITTED BY MR. ROBERT A. EISEN, ESQUIRE
Chapter 30, Zoning Code, Section 5. Supplementary district regulations,
Sec. 5.10 Lots - Definitions and method for measurement: (See pages
1790.3 thru 1790.5) (a) "Lots" defined.
Chapter 30, Zoning Code, Section 6. Nonconforming lots, uses of land,
structures, uses of structures and premises, characteristics of use, ---
and rights. (See pages 1798.3 thru 1800). Sec. 6.1 Intent: (a) Lots.
This section clearly defines a lot.
It is our opinion that this proposed action would create a non-
conforming lot in the Town. There are other methods of achieving the
petitioners aims, such as: easement agreements between parties, which
seems to work well and does not involve the Town.
•
LL;el
•
• ZONING § 5
• buildings or uses may be made; provided, that such off-
street loading facilities are equal in size and capacity to the
• combined requirements of the several buildings or uses
and are designed, located, and azranged to be usable
thereby.
(c) Off-street toading requirements. Off-street loading spaces
shall be provided and maintained as follows:
(1) Each restaurant, clubhouse, or similar use which has
an aggregate floor azea of five hundred (500) feet to ten
thousand (10,000) squaze feet shall provide one (1)
space. For larger areas, one (1) space shall be added for
each additional ten thousand (10,000) square feet or
major fraction thereof.
5.10 Lots-Definitions and method for measurement:
L~
(a) "Lots" defined. For purposes of this ordinance, a lot is a
parcel of land of at least sufficient size to meet minimum
zoning requirements for use, width, coverage, and total
• area, and to provide such yazds and other open spaces as
. are herein required. Such lot shall have frontage on an
improved public street, or on an approved private street.
(1) A single lot of record, duly platted, approved and filed
with the Palm Beach County Clerk of the Circuit Court.
(2) A combination of complete lots of record, duly bound
by an approved unity of title.
(3) United States Government lots.
(b) Lot frontage. The front of a lot shall be construed to be the
portion nearest the street. For the purposes of determining
yazd requirements on corner lots and through lots, aIl sides
of a lot adjacent to streets shall be considered frontage, and
yards shall be provided as indicated under subsection 5.11
in this section.
(c) Lot measurements:
(1) Depth of a lot shall be considered to be the distance
between the midpoints of straight lines connecting the
foremost points of the side lot lines in •front and the
rearmost points of the side lot lines in the rear.
Supp. No. 1
~_
1790.3
I
. ~ ~ . ' ~ 5 HIGHLAND BEACH CODE .~~'
... ~ ~ ~~
(2) Lot width, for measurements related to minunums pre-
scribed in these regulations, shall be determined across
the rear of the required front yard; provided, however,
that in the case ofwedge-shaped lots with narrow ends
and cul-de-sacs or other acute street curvatures, the
rear line of the required front yard shall be moved
sufficiently from the front line to provide at least eighty
(80) percent of the generally required lot width at the
rear line of the front yard thus required.
(3) Lot azea for determinations referring to minimum lot
size as required by this ordinance shall include the
total area of the Iot.
(d) Lot of record. A lot which is part of a subdivision recorded
in the office of the clerk of the circuit court in and for Palm
Beach County, Florida.
(e) ~ Lot types. The diagram following illustrates descriptive ter-
minology used in this ordinance with reference to corner _
lots, interior lots, reversed frontage lots and through lots:
8 8 8 A
8 8
8 B
A C p,_,p C-0
A(~) B 8
A-D A
B
S 4
6
A A B
In the diagram:
• A. Corner lot, defined as a lot located at the intersection
of two (2) or more streets. A lot abutting on a curved
Supp. No. 1 1790.4
. ~ ~ .
•'
street or streets shall be considered a corner lot if
straight lines drawn from the foremost points of the
side lot lines to the foremost points of the lot meet at
an interior angle of less than one hundred thirty-five
1135) degrees. See lots marked "A" in the diagram.
-B. Interior lot, defined as a lot other than a corner lot
with only one frontage on a street.
C. Through lot, defined as a lot other than a corner lot
with frontage on more than one (1) street. Through lots
abutting two (2) streets may be referred to as double-
frontage lots.
D. Reversed-frontage lot, defined as a lot on which the
frontage is at right angles or approximately right an-
gles (interior angle less than one hundred thirty-five
1135) degrees to the general pattern in the area). A
reversed-frontage lot may also be a corner lot (~ D in
ZONING $ b
L
Supp. No. 1
1790.5
ZONIIVG ~ 6
will be available to and substantially benef t residents of
new developments.
(Cade 1972, Ch. 30, $ 5; Ord. No. 503, $ 5, 9-11-84; Ord. No. 576,
§ 1, 3-7-89; Ord. No. 593, $§ 1, 2, $ 6-12.90; Ord. No. 596, § 6,
8-22-90)
Sec. 6. Nonconforming lots, uses of land, structures, uses
of structures and premises, characteristics of use,
and rights.
6.1 Intent: Within the districts established by this ordinance or
amendments that may later be adopted, there exist:
(a) Lots;
,'
Supp. No. 1
1798.3
• ~ • ' ZONING ~ 6
•;
• • • • (b) Structures;
(c) Uses of Land and structures; and
(d) Characteristics of use;
which were lawful before this ordinance was passed or amended,
but which would be prohibited, regulated, or restricted under the
terms of this ordinance or future amendment. It is the intent of
this ordinance to permit these nonconformities to continue without
increase in degree of nonconformity.
6.2 Rights: Nothing in this ordinance shall be deemed to ad-
versely effect any permits existing and in force at the effective
date of this ordinance. Where permitted demolition or removal of
any existing building has been substantially begun preparatory
to rebuilding, such demolition or removal shall be completed
within si.Y (6) months and actual construction commenced within
three (3) months after completion of the demolition.
. 6.3 Nonconforming tots of record: In RS or R1~1L districts, a '~'
single-family dwelling and customary accessory building may be
erected on any single lot of record at the effective date of adoption
or amendment of this ordinance, notwithstanding limitations im-
posed by other provisions of this ordinance. Such lot must be in
separate ownership and not of continuous frontage with other lots
in the same ownership. This provision shall apply even though
such lot fails to meet the requirements for area or width, or both,
that are generally applicable in the district; provided, that yard
dimensions and requirements other than those applying to area
or width, or both, of the lot shall conform to the regulations for
the district in which such lot is located. Variance of yazd require-
ments shall be obtained only through official action of the boazd
of adjustment. No lot presently classified nonconforming under
•• the existing administered zoning ordinance shall be declared a
conforming lot under the provision of this ordinance unless or
until such lot meets the minimum requirements set forth herein
. • . • and as applied in the district in which such lot is located.
Except as herein provided, if two (2) or more Lots or combing
tions of lots and portions of lots with continuous frontage in single
ownership are of record at the time of passage or amendment of
this ordinance, and if all or part of the lots do not meet the re-
. ~.M 1799
• '
§ 6 HIGHLAND BEACH CODE /~
. quirements established for lot width and area, the lands involved
' .' `
shall be considered to be an undivided parcel for the purposes of
this ordinance, and no portion of said parcel shall be used or sold
- in a manner which diminishes degree of compliance with lot width
_ and area requirements established by this ordinance, nor shall
any division of any parcel be made which creates a lot with width
or area below the requirements stated in this ordinance, except as
provided below.
Where such parcel has frontage of three (3) or less times the
minimum lot width required for the district, and where asingle-
family dwelling has been erected in such a manner as to make
resubdivision to meet the full requirements of this ordinance im-
practical, the width and area requirements for any existing or - -
resubdividedlots within such parcel may be reduced not to exceed -
twenty-five t25) percent upon a finding by the planning board:
(a) That such reduction is necessary to provide not more than
three (3) lots;
(b) That it will not be necessary to reduce yard requirements
at the edges of the parcel below those generally called for
in the district; and
(c) That yards toward the interior of the parcel can be pro-
vided with not more than ten (10) percent reduction from
general district requirements.
6.4 Nonconforming uses of land If at the time of passage or
amendment of this ordinance, lawful use of land exists which
would not be permitted by the regulations imposed, then:
(a) No such nonconforming use shall be enlarged or increased,
nor extended to occupy a greater area of land than was
occupied at the effective date of adoption or amendment of
this ordinance.
- ~ (b) No such nonconforming use shall be moved in whole or in
part to any portion of. the lot or parcel other than that
. occupied by such use at the effective date of adoption of this
ordinance.
(c) If any such nonconforming use of land ceases for any reason
for a period of more than siY (6) months, any subsequent
1800
-