Board of Zoning & Appeals (2025-07-31)

TOWN OF HILLSBORO BEACH BOARD OF ZONING & APPEALS MEETING THURSDAY JULY 31, 2025 9:00 A.M.

**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 David Ravanesi Commissioner Vinnie Andreano Commissioner Heather Berman Commissioner Jane Reiser

**Town Staff:** Town Manager William “Mac” Serda, ICMA-CM Town Attorney Donald J. Doody, Esq. Town Clerk Sherry D. Henderson, CMC

**PLEDGE OF ALLEGIANCE** The Pledge of Allegiance was recited.

**I. QUASI-JUDICIAL PUBLIC HEARINGS** A. Variance Request for property located at 955 Hillsboro Mile, Hillsboro Beach, FL 33062 Property Owner: Mike Manley Request: The Authorized Agent, Bob Mayor, is seeking approval of a variance from Section 12-124 of the Land Development Code to allow for an elevated pool/garage structure within the front yard setback, located at 955 Hillsboro Mile. Staff: Graham Long, Development Planner, CG&A

At this time any individuals wishing to speak on the Item were sworn in by Town Attorney D.J. Doody, and any ex parte communications were disclosed at this time.

Planning Consultant Graham Long, CG&A, stated that the Applicant requests a variance from Town Code Section 12-124 in order to construct an elevated pool/garage within an 85 ft. front setback. The subject property is located within the RS-2 single-family zoning district. The lot is the smallest in that district.

The Applicant proposes to maintain the existing house on the lot, with an extension to the front of the house to construct a 6 ft. to 7 ft. elevated pool with a garage bay underneath. It would be attached to the front of the house on the north side of the property.

The site currently includes a driveway with a required outdoor enclosed parking space and three garage bays within the existing house, as well as a small swimming pool within the front yard. This configuration meets the Town’s zoning requirements, including the 45 ft. setback for the swimming pool. The Applicant’s proposal would place the pool within a garage structure attached to the house; if it is considered part of the structure, this triggers an 85 ft. front setback from the center line of the roadway. Mr. Long further clarified that an in-ground swimming pool is not considered a structure by Code.

Bob Mayer, 350 E 28th Avenue, Pompano Beach, Florida, representing the Applicant, stated that the property owner’s plan is to renovate the existing house on the lot. Due to the small size of the lot, the swimming pool is currently located in the front yard. The client will also have a generator which must be placed in the front yard.

Mr. Mayer showed the current configuration of the front yard, pointing out that the proposed distance between the pool and the garage railing is approximately 25 ft., or the depth of the garage. He reviewed the proposed layout of the renovated property, pointing out that the pool deck would not be exposed to the street front, as it would be screened by landscaping. The driveway would be pushed to the south end of the property. He reviewed the configuration of the garage and a 6 ft. wall, noting that the changes will provide for guest parking on the property and address the generator issue while allowing the Applicant to retain a smaller house.

Mr. Mayer concluded that the Applicant has provided letters from the homeowners to the north and south of the property which do not object to the proposed project.

Commissioner Reiser requested additional information regarding a glass feature along the top of the garage door area. Mr. Mayer explained that there is a 42 in. glass handrail on the pool deck. Railings and handles on the house itself will be made of metal.

Mr. Mayer stated that the hardship facing the Applicant is the size of the lot, as well as making the pool functional while maintaining the existing house structure. The pool will be placed on the north side due to the neighboring elevations on the north and south sides of the property, which are higher and lower respectively. The Applicant also hopes to maintain mature landscaping on the site.

Mayor Miller asked if the Applicant has attempted to fit a sport utility vehicle (SUV) into the driveway to the far right. Mr. Mayer reviewed the current configuration of the driveway and garage, which requires significant maneuvering for parking and is not functional for a larger vehicle.

Mr. Long advised that the Staff Report lists recommended conditions for approval, and should the Board approve the Application. He reviewed the recommendations as follows: * The pool and garage structure should be constructed to the minimum height possible to accommodate the garage bay * The structure will meet the minimum 45 ft. setback for in-ground swimming pools * A berm with landscaping will be placed on the west and north sides of the property to minimize the exposure of retaining walls

Mayor Miller noted that the Board is asked to determine that the proposed reconfiguration will not impair an adequate supply of light, air, and sunlight to adjacent properties, contribute to an unreasonable increase in congestion on the street, or endanger public safety. She asked if Mr. Long has seen anything that would indicate the proposed changes would lead to these conditions. Mr. Long replied that he found no element of the Applicant’s plan to suggest any of these results.

Mayor Miller continued that it is part of the Board’s responsibility to grant variances in the case of practical difficulties or unnecessary hardships if it will not adversely affect the Town or adjacent properties.

At this time Mayor Miller opened the public hearing. With no individuals wishing to speak on the Item, the Mayor closed the public hearing.

The Commissioners discussed the presentation, noting the unique features of the subject property, including the size of the front yard, which presents challenges in the current configuration. Commissioner Reiser commended the Applicant for their intent to retain the existing house and noted that the proposed garage would free up more parking in the front of the house. Mayor Miller added that the design of the garage door would provide a seamless appearance of the structure.

Town Attorney Doody requested that any motion of approval identify the hardship involved.

**Motion** made by Commissioner Reiser, seconded by Vice Mayor Ravanesi, that the owners have a hardship, as they are unable to use the garage space, and the revision that has been proposed will eliminate cars on the road and give them room to put their vehicles in the garage without going into the swimming pool, hitting the fence, or hitting the tree, with the inclusion of the conditions that the Planner has recommended in the approval. In a roll call vote, the motion passed unanimously (5-0).

**II. ADJOURNMENT** **Motion** made by Vice Mayor Ravanesi, seconded by Commissioner Andreano, to adjourn. In a roll call vote, the motion passed unanimously (5-0).

There being no further business before the Board of Zoning and Appeals, the meeting was adjourned at 9:31 a.m.

ADOPTED THIS 9th DAY OF SEPT 2025. By: Dawn Miller, Mayor ATTEST: Sherry D. Henderson, CMC Town Clerk 9/9/2025