Adjustment Hearing Case Files_1020 Grand Ct._20110331_27252 TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT AND APPEALS
DECISION ON PETITION FOR VARIANCE
Petition No. 27252 Public Hearing Date: March 31, 2011
Town Code Chapter 30-64, table 30 -2
Petitioner Patrick & Bonnie Boroian
Property Address 1020 Grand Court, Highland Beach
In the above numbered Petition, by vote as shown in the official minutes and recorded on
the form, it was determined and ordered that the requested variance be granted [X];
denied [ ]; granted subject to the following conditions and safeguards [ ]:
In reaching its decision and order, the Board has found/has not found in the case of the
above numbered Petition that:
1. Special conditions and circumstances exist which are peculiar to the land, structure
or building involved, and which are not applicable to other lands, structures or buildings
in the same district.
2. The special conditions and circumstances do not result from the action of the
applicant.
3. Granting the variance requested will not confer on the applicant any special privilege
that is denied by the ordinance to other lands, structures or buildings in the same district.
4. Literal interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same district under the terms of the
ordinance, and would work unnecessary and undue hardship on the applicant.
5. The reasons set forth in the applicant's petition justify the granting of the variance,
and the variance granted is the minimum reasonable variance that will make possible the
reasonable use of land, structure or building.
6. Granting of the variance will be in harmony with the general purpose and intent of the
ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the
public welfare.
Chapter 30, Zoning Code /Article III; Sec. 30- 40(h): A variance, when implemented in
accordance with the approval granted by the Board of Adjustment and Appeals, shall run
with the land in perpetuity. Unless a lesser time is approved by the Board of Adjustment
and Appeals, a variance that is not implemented shall expire eighteen (18) months
following approval. Extensions of variance approvals shall not be granted by the Board
of Adjustment and Appeals.
Town of Highland Beach
Board of Adjustment and Appeals Page 2
Decision on Petition for Variance A 1020 Grand Court, Highland Beach — Construction
of an addition to the existing structure, increasing lot coverage from 36% to
approximately 40% in residential multiple family low density (RML) zoning district.
SIGNATURES WRI . "FOR" OR "AGAINST" PETITION
/� /r 4-------
David Stern, Chair
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Joseph Colby, Vice Chair c �, � y�� ��r i
At/fa
Anthony P. Ruotolo ,
Ruth Samuel s /
Louis Stem fro Z _ ; i
Americo Varone rjd 1
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Evelyn Weiss 'r / 4. �� A
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Attest: U SJJ abor' Date: 1 0
cc: Building Official
Note: ANY PERSON, OR PERSONS, OR ANY TAXPAYER, BOARD, DEPARTMENT, OFFICER,
BOARD OR BUREAU OF THE TOWN OF HIGHLAND BEACH AGGRIEVED BY A DECISION OF
THE BOARD OF ADJUSTMETN AND APPEALS, MAY, WITHIN THIRTY (30) DAYS AFTER
RENDITION OF THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS, APPLY TO
THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, FOR JUDICIAL REVIEW
PURSUANT TO FLORIDA STATUTE 163.250.
o , \\\GHL /4
...........„'
BUILDING DEPARTMENT
TRANSMITTAL FORM
Transmit To: Valerie Oakes, Deputy Town Clerk Date: 03.01.2011
Application No: Permit #27252 Applicant /Owner: PATRICK J. AND BONNIE BOROIAN
Property Address: 1020 Grand Court, Highland Beach, FL 33487
Submit Application: Board of Adjustment and Appeals
Application Type: VARIANCE PETITION- Major Modification (RML- Zoning District)
Description of Application:
Construction of new Dining Room Extension, and Family Room Extension, increasing footprint
of structure by approximately 614 square feet.
THE BUILDING OFFICIAL HAS REVIEWED THE ABOVE MATTER DATED 03.01.2011, AND
HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN:
❑ Plans meet Town of Highland Beach Zoning and other governmental agencies requirements.
❑ PI s meet Town of Highland Beach Zoning requirements; however, approvals are pending with
other governmental agencies.
Plans do not meet Town of Highland Beach Zoning requirements.
Recommendation:
Section 30 -63, and Section 30 -64, Highland Beach Code of Ordinances- require buildings,
structures, or land shall not be used or occupied except in conformity with the regulations
specified for the zoning district in which located. A building, structure, improvement, or part
thereof shall not be erected, constructed, reconstructed, moved, or structurally altered except
in conformity with the regulations specified for the zoning district in which located. Maximum
lot coverage in RML Zoning District is 30 %. Petitioner would like to construct an addition(s) to
the existing structure increasing lot coverage to a •roximatel 40 %. Building Zoning
Department recommends that the code be enforced.
PL ,, E TAKE WHA ER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, i.e.,
SCH 110 AA A.y �, TRANSMIT TO QUASI - JUDICIAL BO ARD, ETC.
r � E r . , ,
Michael Deso % ding Official y ; a „ .
, ,.,,,
Updated: 08/10/2010
N■GHtg4,,
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1.1 0R0`
BUILDING DEPARTMENT
TRANSMITTAL FORM
CLERK'S OFFICE USE ONLY: Date Received:
Date earin egular Meeting: 0 31 ) 11
Updated: 08/10/2010
' 1 : ' M 1 s !r (44
TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
flemo PETITION
pO OT WRITTE IN THIS SPACE - FOR _PFFICE USE ONLY
PETITION NO. 0
a T
FEE PAID /RECEIPT NO. !`C( 90hr" a-kc
DATE SET FOR PUBLIC HEARING •
The owner or his agent has has not X submitted a petition
regarding the - subject property within the last year.
•
NOTE: Ordinance No. 442 Fees: Variance and /or Appeal to Board of
Adjustment S500.
BOARD OF ADJUSTMENT - TOWN OF HIGHLAND BEACH, FLORIDA
OWNERS NAME Patrick J & Bonnie Boroian PHONE 561- 789 -0892
OWNERS ADDRESS 1020 Grand Court, Highland Beach, Florida 33487
AUTHORIZED AGENT Jeffrey A. Levine PHONE 561 - 392 -8388
AUTHORIZED AGENT ADDRESS 6751 North Federal Highway, 301, Boca Raton, FL 33487
request that a determination be made by the Board of Adjustment of
the Town of Highland Beach for the following Variance under
Section (s) 64, Table 30 -2 Zoning regulations of Chapter 30 of the Code of
Ordinances of the Town of Highland' Beach. The description of the
subject property is as follows:
ADDRESS 1020 Grand Court, Highland Beach,Florida 33487
LOT 20 BLOCK SUBDIVISION Grand Cay Estates (See Deed attached)
LOT SIZE 1 0,628 sa PRESENT ZONING RML
•
PRESENT USE Residential - Single family in RML District
1. Present Structures (type) 2 story CBs structure
2. The proposed use will be single family residence with an addition on vacant ground
3. If this Petition is granted, the effect will be to
permit construction of an addition meeting all current set backs, but covering approximately
40% of the land instead of 37%
(brief description - i.e., to reduce side yard from 7 -1/2' to 2')
'TOWN OF HIGHLAND BEACH (]
.BOARD OF ADJUSTMENT
PETITION Page 2 of 3
4. For a variance to be favorably considered, the Board of
Adjustment must find that the following four requirements have
been met. After each paragraph, state fully your reasons
justifying the granting of this variance.
•
• (a) That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and
which are not applicable to other lands, structures or
buildings in the same district;
This land is zoned RML - Multi- family low density, but was actually built out with
zero lot line homes pursuant to a litigation settlement as described below. All of
the homes in the community exceed the lot coverage ratio of 30t required by RML.
Highland Beach has no lot coverage requirements for single family homes.
(b) That the special conditions and circumstances do not
•
result from. the actions of the applicant;
The community was "built out" pursuant to a litigation settlement dated August 11, 1989.
The litigation settlement designated the homes as single family so such homes were
constructed without any concern for lot coverage. The addition will not encompass areas
• • as great as other home in the community.
(c) That granting the variance requested will not confer on
the applicant any special privilege that is denied by
this ordinance to other lands, buildings or structures in
the.same district;
•
Neighboring properties already have higher lot coverages than the property in
question. Also the proposed addition will not be visible from adjoining properties
•nor from the street. Additionally, the Town has granted a similar variance to
another individual within the same community.
(d) That literal interpretation of the provisions of this
ordinance would deprive the applicant of the rights
commonly enjoyed by other properties in the same district
under the terms of this ordinance and would work
unnecessary and undue hardship on the applicant.
The increase of lot coverage to this property will be similar to the neighboring '
properties.
Attached is a list of certain neighboring properties within Grand Cay Estates and
their lot coverage calculations.
•
- TOWN OF HIGHLAND BEACH O
BOARD OF ADJUSTMENT
PETITION Page 3 of 3
5. Has any previous application or appeal been filed within the
last year in connection with these premises? (Yes) (No) X
If so, briefly state the nature of the application or appeal.
Following are the names and addresses of all owners of property
within a distance of 300 feet from the outside edges of the
property involved in this petition. Petitioner guarantees that
such owners of property will be legally notified by certified mail
of the hearing date and the nature of this petition, through a copy
of the petition, and will provide satisfactory affidavit proof of
notification, including certified mail receipts, in advance of any
scheduled public hearing, as provided below.
Name
See attached listing
(Attach extra sheet if necessary)
The undersigned hereby attest to the fact that all statements.
contained in this document are true.
}�c�trlC K 4 R a.v,vl F Ra
OWNER ► U H4
T RIZ AGENT
Te` -*r- i7 / Lev r
Owner must supply authorized agent notarized letter attesting to
same. # 2_00&G7
Sworn to and subscribed before me
this n? day of F 9 =.
L
No ary P 1 . l is
NOTARY PUBLIC -STATE OF FLORIDA
" °• Betsy K. Stevens
Commission #DD827337
Expires: OCT. 10, 2012
BONDED TH IU ATLANTIC BONDING CO., INC.
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TOWN of HIGHLAND BEACH c�
3614 South Ocean Boulevard I { t
Highland. Beach, FL 33487 -3325 -
561 278 -4540 Fax 561 278 -2606
Receipt Record Page: 1
Receipt Number: RCPT2011 -265 Date Printed: 3/2/2011
Received From: TERENCE CUDMORE BUILDEI Date: 3/2/2011
Reference #: BP -27252 Received By: Sue A.
Amount: $500.00
Comments:
Fees:
FEE2011 -658 Board of Adjustment Fee $500.00
$500.00
Accounts:
001 - 310.000 - 341.91 Board Application Fees $500.00
$500.00
Other Fields: 1 & 50-
. 8/2./ i
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PalmiTENCounty Property Appraiser Property Search System Page 1 of 2
a
- Property Information
Location Address: 1020 GRAND CT
Municipality: HIGHLAND BEACH t**FA: 7r "71111
Parcel Control Number: 24- 43- 47- 09 -00- 002 -0170
Subdivision:
Reverse Side
Official Records Book: 14005 Page: 1714 Sale Date: Aug -2002 Help
Leclal Description: 9- 47-43, TH PT OF N 1/2 OF GOVLT 2 K/A LT 20 OF UNREC GRAND CAY
- Owner Information
Name: BOROIAN PATRICK 3
Mailing Address: 1020 GRAND CT
HIGHLAND BEACH FL 33487 5306
- Sales Information
Sales Date Book /Page Price Sale Type Owner
Aug -2002 14005/1714 $1,450,000 WARRANTY DEED BOROIAN PATRICK 3
3u1-1999 11265/1680 $100 QUIT CLAIM ALSINA JOSE A
Apr -1999 11086/0600 $915,000 WARRANTY DEED ALSINA JOSE A & RINA M
Exemptions
Applicant /Owner Year Detail
BOROIAN PATRICK 3 2011
- Appraisals
Tax Year: 2010 2009 2008 - Property Information —
Improvement Value: $783,597 $870,010 $974,741 Number of Units: 1
Land Value: $336,118 $373,464 $319,200 *Total Square Feet: 5446
Total Market Value: $1,119,715 $1,243,474 $1,293,941 Acres: 0.24
* May indicate living area in
Use Code: 0100- RESIDENTIAL residential properties.
All values are as of January 1 each year
- Assessed and Taxable Values
Tax Year: 2010 2009 2008
Assessed Value: $1,119,715 $1,159,272 $1,158,114
Exemption Amount: $50,000 $50,000 $50,000
Taxable Value: $1,069,715 $1,109,272 $1,108,114
. .. ., , , , n , , , , 1 . •1 • r tn ..�__n .1 e•1 ennnnnnnnn •ten o_- _ --- __ —NT 1 1 1
ARTICLE IV. ZONING DISTRICTS Page 1 of 3
Sec. 30 - 64. Property development regulations.
Dimensional requirements for all zoning districts, including standards for lots, setbacks, building
height, building width, building length, and maximum lot coverage are established in Table 30 -2.
(a) Compliance. All buildings and structures shall comply with the requirements of
Table 30 -2.
TABLE 30 -2.
Property Development Regulations
TABLE INSET:
Residential Multiple- Multiple- Multiple- Govemment
ZONING Residential Single- Family -- Family— Family— Service
DISTRICT Estate Low Medium High
(RE) Family Density Density Density District
(RS) (RML) (RMM) (RMH) (GSD)
Maximum 1.45 4.35 6.0 12 16
Density units /acre units /acre units /acre units /acre units /acre N/A
Minimum
Lot Area TBD
30,000 sq. 10,000 sq. 8,000 sq. 8,000 sq. 8,000 sq.
SFD ft. per unit ft. per unit ft. per ft. per ft. per N/A
unit unit unit
6,000 sq. 6,000 sq. 6,000 sq.
2FD N/A N/A ft. per ft. per ft. per N/A
unit unit unit
7,260 sq. 3,630 sq. 2,722 sq.
MFD N/A N/A ft. per ft. per ft. per N/A
unit unit unit
Minimum
Lot Width TBD
SFD 80 feet 80 feet 80 feet 80 feet 80 feet N/A
2FD N/A N/A 80 feet 80 feet 80 feet N/A
MFD N/A N/A 100 feet 100 feet 100 feet N/A
Minimum
Front TBD
Setback
1 Story 25 feet 25 feet 25 feet 25 feet 25 feet TBD
2 Story 25 feet 25 feet 25 feet 25 feet 25 feet TBD
See See
>2 Story 25 feet 25 feet 25 feet Highrise Highrise TBD
Setback Setback
A -1 -A 25 feet 25 feet 40 feet 40 feet 40 feet TBD
Minimum TBD
Side
http: / /library4. municode .com /default- now/DocView /10919 /1/86/90 ?hilite =rml; 3/9/2011
ARTICLE IV. ZONING DISTRICTS Page 2 of 3
Setback
1 Story 12 feet 12 feet 12 feet 12 feet 12 feet TBD
2 Story 12 feet 12 feet 12 feet 20 feet 20 feet TBD
See See
>2 Story 12 feet 12 feet 12 feet Highrise Highrise TBD
Setback Setback
Minimum
Rear TBD
Setback
>20 feet or >20 feet or >20 feet Ocean
1 Story Ocean Ocean or Ocean 20 feet 20 feet Setback
Setback Setback Setback
>20 feet or >20 feet or >20 feet
2 Story Ocean Ocean or Ocean 25 feet 25 feet TBD
Setback Setback Setback
>20 feet or >20 feet or >20 feet >25 feet >25 feet
>2 Story Ocean Ocean or Ocean or or TBD
Setback Setback Setback Highrise Highrise
Setback Setback
Ocean
Setback (1) (1) (1) (1) (1) (1)
High -Rise N/A N/A N/A See § 30- See § 30- TBD
Setback 65 65
Maximum
Lot None None 30% 40% 40% None
Coverage
Maximum 35 feet (2) 35 feet (2) 35 feet 40 feet 50 feet 35 feet (3)
Building (2) (2) (2)
Height
Maximum See § 30-
ee § 30- S
Building None None 100 feet S S 6 S6 None
Width
Maximum
Building None None None See § 30- See § 30- None
Length 66 66
NOTES.
> means greater than.
N/A means not applicable.
TBD means to be determined by town commission.
(1) Ocean setback to be determined by DEP pursuant to coastal construction control line
requirements.
(2) Maximum building height does not include permitted area for nonusable space permitted
below finished floor elevation.
(3) Water towers and related structures shall not exceed one hundred fifty (150) feet.
http: / /library4.mtmicode.com/default- now/DocView /10919 /1/86/90 ?hilite =rml; 3/9/2011
ARTICLE IV. ZONING DISTRICTS Page 3 of 3
(b) Variance from requirements. Any variance from the requirements of Table 30 -2 may occur
only upon approval of the Board of Adjustment and Appeals.
(Ord. No. 684, Art. IV, § 4, 7- 25 -00; Ord. No. 10 -002, Exh. A, 6 -1 -10)
http: / /library4.municode .com/default-now/DocView/10919/1/86/90?hilite=rml ; 3/9/2011
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RANDALL STOFFT ARCHITECTS . r
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OVERAGE i 03 -31 -11 � G�� ICt
r..: - /;-ter. ,,1,,, - - -
T E R E N C E (561 ) 995 -8989
C U D M O R E Fax: 995 -8059
BUILDER INC. Lic. # CGC041975
1200 S. Rogers Circle • Suite 7 • Boca Raton, FL 33487 www.cudmorebuilders.com
February 24, 2011
Mr. Michael G. Desorcy
Town Building Official
Town of Highland Beach
3614 South Ocean Blvd.
Highland Beach, FL 33487
Re: 1020 Grand Court
Highland Beach, FL
To Whom It May Concern:
Enclosed please find the Town of Highland Beach Board of Adjustment Petition
application ssubmitta • variance to the above referenced property.
Respectfu
1 / 4 1° _ 4 8/ 0
Ter-n e R. udmore
President
Enclosure (1)
cc: Valerie Oakes
Thomas E. Sliney
Jeffrey A. Levine
41 GH
lORIOP
TOWN OF HIGHLAND BEACH
3614 South Ocean Boulevard
Highland Beach, FL 33487
Town Clerk's Office
Telephone (561) 278 -4548 / Fax (561) 265 -3582
INVOICE
Patrick Boroian
1020 Grand Court
Highland Beach, FL 33487
(561) 779 -0892
RE: Application #27252 - 1020 Grand Court
Description unit/Hour Rate Amount
Legal Advertisement 1 $ 144.48 $ 144.48
Postage (Certified Mail /Return Receipt Requested) 44 $ 5.54 $ 243.76
Administrative Fee 0 $ - $
Total $ 388.24
Make all checks payable to the Town of Highland Beach in the Finance Department
located in Town Hall. Total payment is due prior to setting a hearing date.
Thank you for your business.
Date Paid:
Received By:
Print This Ad I Palm Beach Classifieds I Palm Beach Post Page 1 of 1
Palm Beach Classifieds
No. 5885189 Town of Highland Beach Notice Of
NO. 5885189 TOWN OF HIGHLAND BEACH NOTICE OF PUBLIC HEARING BOARD OF ADJUSTMENT &
APPEALS The Board of Adjustment & Appeals of the Town of Highland Beach will conduct a Public Hearing in
the Town Hall Commission Chambers located at 3614 S. Ocean Blvd., Highland Beach, FL 33487 on Thursday,
March 31, 2011 at 9:30 a.m. to consider the following: REQUEST SUBMITTED BY PATRICK AND BONNIE
BOROIAN FOR A VARIANCE REQUEST FOR PROPERTY LOCATED AT 1020 GRAND COURT, HIGHLAND
BEACH, FL. REQUESTING THE FOLLOWING: APPLICATION #27252 - CONSTRUCTION OF AN ADDITION
TO EXISTING STRUCTURE, INCREASING LOT COVERAGE TO APPROXIMATELY 40% IN RESIDENTIAL
MULTIPLE FAMILY LOW DENSITY (RML) ZONING DISTRICT. Application is available for public inspection at
the Town Clerk's Office, 3614 S. Ocean Blvd., Highland Beach, Florida during normal business hours - Monday -
Friday from 8:30 AM to 4:30 PM. Any person who decides to appeal the decision made by the Board of
Adjustment & Appeals made at this meeting with respect to any matter considered, you will need a record of the
proceedings and, for such purposes, you may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is based. Valerie Oakes Deputy Town
Clerk PUB: The Palm Beach Post [March 20, 2011
http: // classif ieds.palmbeachpost.com /5885189/ 3/21/2011
Tuesday, March 08, 2011
CERTIFICATE OF MAILING
This is to certify that on Tuesday, March 08, 2011, the To of Highland Beach mailed a
copy of the attached Notice of Public Hearing for the property located at 1020 Grand
Court, Highland Beach, Florida, to the attached list. This mailing consisted of 41 notices.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 8 day of March
2011.
Ua0 P.4„. ()Iti
Valerie Oakes, Deputy Town Clerk
Town of Highland Beach
***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before me this 8 day of March 2011 personally appeared Valerie Oakes. Deputy Town
Clerk for the Town of Highland Beach, who is known to be the person described and who
executed the foregoing instrument and acknowledged to and before me that she executed
said instrument for the purposes therein expressed.
Notary Seal:
ui /.c... A..e-C.JL�
o Pub State of Florida
z .. 7 ;444, SUSAN C. AUTENRIETH
_
MY COMMISSION # 0D971480
EXPIRES March 15, 2014
(407( -0153 FlondaNObryService.cum
TOWN OF HIGHLAND BEACH
NOTICE OF PUBLIC HEARING
BOARD OF ADJUSTMENT & APPEALS
The Board of Adjustment & Appeals of the Town of Highland Beach will conduct a Public Hearing
in the Town Hall Commission Chambers located at 3614 S. Ocean Blvd., Highland Beach, FL 33487
on Thursday, March 31, 2011 at 9:30 a.m. to consider the following:
REQUEST SUBMITTED BY PATRICK AND BONNIE BOROIAN FOR A
VARIANCE REQUEST FOR PROPERTY LOCATED AT 1020 GRAND
COURT, HIGHLAND BEACH, FL. REQUESTING THE FOLLOWING:
APPLICATION #27252 — CONSTRUCTION OF AN ADDITION TO
EXISTING STRUCTURE, INCREASING LOT COVERAGE FROM
36% TO APPROXIMATELY 40% IN RESIDENTIAL MULTIPLE FAMILY
LOW DENSITY (RML) ZONING DISTRICT.
Application is available for public inspection at the Town Clerk's Office, 3614 S. Ocean Blvd.,
Highland Beach, Florida during normal business hours — Monday — Friday from 8:30 AM to 4:30
PM.
Any person who decides to appeal the decision made by the Board of Adjustment & Appeals made at
this meeting with respect to any matter considered, you will need a record of the proceedings and, for
such purposes, you may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is based.
Valerie Oakes
Deputy Town Clerk
This notice to be mailed certified mail and return receipt on Tuesday, March 8, 2011, to
property owners located within 300 feet of the of the affected property, excluding property
owned by the applicant. If a condominium with an association is to be included, written notice
may be provided only to the association president and the condominium's resident or property
manager.