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2010.03.25_PB_Minutes_Special.:'~~ ~ 6 N t ~~~ ~ °~ -~ ~'• m ~~~ ' TOWN OF HIGHLAND BEACH s: • ~ 3• ;~, ~'• ~~ ~~~ ~° ' _% MINUTES OF THE ~'h ~ ' - . • •'~ := PLANNING B OARD y~ OR10~-'' ~ h : SPECIAL MEETING Thursday, March 25, 2010 9:30 AM Members Present: Chair Louis P. Stern, Vice Chair Joseph Yucht, Board Member Dennis Sheridan, Board Member Beverly Knight and Board Member Paul Resnick. Members Absent: Member Max Angel (unexcused) Also Attending: Building Official Michael Desorcy, Town Attorney Tom Sliney, Town Manager/Acting Recording Secretary Dale Sugerman and members of the public. CALL TO ORDER: Chair Stern called the Regular Meeting to order at 9:34 AM. Roll call was taken by Town Manager Dale Sugerman. The Pledge of Allegiance followed. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: MOTION: Vice Chair Yucht moved to accept the agenda as presented. Board Member Sheridan seconded the motion, which passed unanimously. PUBLIC COMMENTS AND REQUESTS: None. PRESENTATIONS: None. APPROVAL OF MINUTES: None. OLD BUSINESS: A. Discussion on Chapter 30 Zoning Code Text Amendments -Section 30-64(a), Table 30-32, Note No. 4, Ancillary Items Allowed Within the Setback and Section 30-68(f)(1)(c), Screen Enclosures. (Clarification needed per the request of the Town Commission to be reported back to the Town Commission.) Planning Boazd Special Meeting 03/25/10 Page 1 of 5 30-64(a), Table 30-32, Note No. 4, Ancillary Items Allowed within the Setback Board recommended elimination. Board wants input from Building Official to weigh in on items in the setback. Bldg Official Desorcv -Some things can be eliminated but it needs to be made specific. Can you clarify items? Member Knight- Poles are flagpoles and bird feeders. Bldg Official Desorcv -Should examples of poles be stated in the code? V. Chair Yucht - When you start to make a list, some items will/will not be included; do not be too specific. Town Att. Slinev -Remove note four. Bldg. Official Desorcv -How high is the flagpole allowed in the setback, 30-feet or 40- feet. Town Att. Slinev -Trump flagpole is an example of the code being open for abuse. Member Knight -Fences are allowed in the side yard setbacks, by state law. Town Att. Slinev -There are no perimeters and it is a permissive use; the Building Official has no discretion. V. Chair Yucht - Create an example section. Town Att. Slinev -Refer to the Zoning Code. V. Chair Yucht -What is the right way to go? Chair Stern - It was not in the code previously. Maybe we should eliminate. Member Knight - I brought this up because of the loopholes. Member Resnick -Has this been a problem formerly? Bldg. Official Desorcv - So far, it has not been a problem. Fences, walls, and vegetation fall under other sections of the code. Waterfall, fountains and flagpoles do not. V. Chair Yucht - If we eliminate the section and someone comes in, what does the Building Official do? Bldg. Official Desorcv -Would leave it to the discretion of the Board based upon review. Town Att. Slinev -There are three categories for review: 1) meets the code, 2) does not meet the code, and 3) granting a variance. Things need to be as specific as possible so that they can be denied. Chair Stern -Should we help the Building Department by creating a paragraph, or should we leave it alone? V. Chair Yucht - Do fences keep things in or out? Whom are you trying to protect with a setback? Planning Board Special Meeting 03/25/10 Page 2 of 5 Member Sheridan -With the exception of pool fences, the code already references walls and fences. Bldg. Official Desorcv -The code does make the wall and fence distinction. Air conditioner and pool heaters need to be screened in the setback. I agree with the Town Attorney; this section can and should be eliminated. Town Att. Slinev - If it does not meet the code, they have a chance to get a variance. Member Knight - It may be the interpretation that if it is not in the code, it is allowed. Town Att. Slinev -Code discusses permitted uses, which is what the Building Official follows. Bldg. Official Desorcv -The Building Code requires that equipment be attached to a permanently stable slab of concrete. An air conditioner can be placed by the pool or out- front as long as they are properly grounded and screened. Member Resnick -Are you comfortable with making decisions on little and big things in the setback on a case-by- case decision? Bldg. Official Desorcv - I am comfortable with that. MOTION: Board Member Sheridan moved to delete from 30-64(a) the subsection 4, Ancillary Items Allowed within the Setback. Vice Chair Yucht seconded the motion, which passed unanimously. Section 30-68(~(1)(c), Screen Enclosures Chair Stern -Are there any questions regarding screen enclosures? Bldg. Official Desorcv -Screen enclosures are a pool barrier, and the code requires that a pool have a barrier. The code requires that there have to be at least a 3' landing area for safety reasons. Screen enclosures will be encroaching into the setback. Chair Stern -Are we more comfortable with what we have? Member Knight - Do not remember what the reasoning was. Town Mgr. Su eg rman -Eliminated section (c) because if that section were to remain, there would be an automatic conflict. V. Chair Yucht -Since it is a safety measurement, delete the existing section (c) and add the suggested (c). Member Knight - I agree with Vice Chair Yucht. Bldg. Official Desorcv - I have seen pool decks that extend to the edge of the sea wall. Are there any provisions for grandfathering decks that have been built in the past? V. Chair Yucht - I remember something like this going before the Board of Adjustment and Appeals in the past. MOTION: Board Member Knight moved to approve last change made on March 10th as it appears. Vice Chair Yucht seconded the motion, which passed unanimously. Planning Board Special Meeting 03/25/10 Page 3 of 5 30-68(fl (S), Protection of Swimming Pools Chair Stern -The issue is currently not in the Town's code. Bldg. Official Desorcv - This is a life safety issue, and afoot-foot barrier should protect all pools. This is hard to enforce without the permission from the neighbor. Town Att. Slinev -What do you require for a new pool application? Bldg, Official Desorcv - I enforce the State Building Code. V. Chair Yucht -Are existing pools with various height fences grandfathered in? Town Att. Slinev - I think they are grandfathered in. V. Chair Yucht - Do we want to protect all of the citizens of the Town? Member Knight - Vice Chair Yucht is asking if we should bring everyone up to code. Can we put something in the Town's Highlander Newsletter? V. Chair Yucht - I would like to add the word "all". Bldg. Official Desorcv -Change "the proper fence enclosures and gates" to "approved barriers". Town Att. Slinev -What code would be measured? Bldg. Official Desorcv -Florida State Statues. MOTION: Board Member Resnick moved to approve the language as it appears 30- 68(f)(5) Protection of Swimming Pools: Swimming pools shall have the required State approved barriers installed as per Florida Building Code, as updated: Board Member Sheridan seconded the motion, which passed unanimously. Roll Call Vote: Member Resnick -Yes Sheridan -Yes Chair Stern -Yes V. Chair Yucht -Yes Member Knight -Yes NEW BUSINESS: None. ADJOURNMENT: MOTION: Member Sheridan moved to adjourn the meeting at 11:06 a.m. Vice Chair Yucht seconded the motion, which passed unanimously. Planning Boazd Special Meeting 03/25/10 Page 4 of 5 APPROVED: TOWN SEAL __ o .Stern; air Joseph S. Yucht, Vice Chair ATTESTED: Va er>e Oakes Deputy Town Clerk Date: Wednesday, August 4, 2010 Absent Max Angel, Board Member ever Knight, Board Member Pa esnic ,Board Member ,y Denniiis Sheri an, Board Member ~I~ Vacancy Planning Board Special Meeting 03/25/10 Page 5 of 5