Board of Zoning & Appeals (2025-01-07)

MINUTES TOWN OF HILLSBORO BEACH BOARD OF ZONING & APPEALS MEETING JANUARY 7,2025

CALL TO ORDER AND ROLL CALL

Mayor Dawn Miller called the meeting to order at 9:00 A.M. Roll was called with the Commission members and staff present as listed below.

Town Commission:

Mayor Dawn Miller

Vice Mayor Barbara Baldasarre

Commissioner Jane Reiser

Commissioner David A. Ravanesi

Commissioner Vinnie Andreano

Town Staff:

Town Manager William "Mac" Serda, ICMA-CM

Town Attorney Donald J. Doody, Esq.

Town Clerk Sherry D. Henderson, CMC

The Pledge of Allegiance was recited.

I. QUASI-JUDICIAL PUBLIC HEARINGS

A. VARIANCE REQUEST for property located at 1035 Hillsboro Mile, Hillsboro Beach, FL 33062

- Section 6-42 (A): "All refuse or recycling containers in use within the Town limits shall be screened from view from State Road A1A on or before November 1,2021."

- Applicant is requesting an extension of time requiring dumpsters to be closed from view.

comply with Section 6-42 (A)

Property Owner: Hillsboro Mile Tower, Inc.

At this time any individuals wishing to speak Donald J. Doody.

on the Item were sworn in by Town Attorney

Authorized Agent: Irene Kirdahy

Request: Request for a Variance to Comply with Screening of a Dumpster

Staff: Graham Long, Development Planner, CG&A Solution

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Planning Consultant Graham Long explained that this Item seeks a variance for a condominium development at 1035 Hillsboro Mile, which is located in the RM-30 multifamily zoning district. The condominium association is requesting a variance from Code Section 6-42 (A), which requires all dumpsters and other trash containers to be screened from view by November 1, 2021.

The dumpster is located on the west side of A1A and is adjacent to the Intracoastal Waterway and a seawall. It is on a narrow strip that currently serves as a parking area. The Applicant wishes to level and re-pave the area where the dumpster is located due to complications with the reconstruction of the seawall. The re-paving cannot begin until the seawall is repaired. The Applicant asks for additional time to install a fence to enclose the dumpster area once the parking area has been re-paved.

Mayor Miller asked if the Applicant has indicated how much additional time they will need to comply with the Town's Code. Mr. Long replied that while the Applicant has not requested a specific time period, Staff has recommended that six months would be sufficient to finish the re-paving and install the fence around the dumpster area.

Commissioner Reiser asked what would be done during the six-month extension. Mr. Long replied that a sequence of events will need to happen to level the area.

Irene Kirdahy, representing the Applicant, stated that when the Ordinance requiring dumpsters to be screened was passed in 2021, the Applicant contracted with a company to install the fence, and the contractor submitted a permit application for this work. The project has been in court since that time. The north end of the Applicant's seawall has been reconstructed; however, there is a boat lift illegally attached to the seawall at its south end.

Ms. Kirdahy continued that the condominium association sued the individual to require him to remove the portion of the boat lift that is attached to the seawall. They informed him that he may replace it in the same location once work on the seawall is complete. The Army

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Corps of Engineers has agreed to this; however, if the entire lift is removed, it cannot be replaced in the same location. She concluded that there have been several delays related to ongoing litigation.

Mayor Miller asked if the location of the boat lift is adjacent to the area in which the dumpsters are located. Ms. Kirdahy clarified that the boat lift is on the south end of the seawall, while the dumpsters are on the north end. The seawall's deterioration has now eaten into the ground area, which will require the entire parking lot to be re-paved. The fence contractor secured permits and processed the association's deposit; however, the permits expired because the work could not be done.

Ms. Kirdahy continued that she had asked fence, remove it when the other work is don agree to this.She emphasized the frustration and litigation.

the fence contractor if they would install the fence and then re-install it. The contractor did not of the association regarding this ongoing issue

Mayor Miller asked if the association has investigate screening the dumpster area. Ms. Kirdahy replied that this screening would not withstand high winds.

the possibility of temporary was not an option, as temporary

Commissioner Reiser asked if there were current permits for the seawall repair, which would need to be done before any other repairs or construction. Ms. Kirdahy replied that the association has a contract for this work but noted that a new contract will be necessary due to pricing changes over time. Permits for the work have expired.