Board of Zoning & Appeals (2025-02-04)

MINUTES TOWN OF HILLSBORO BEACH BOARD OF ZONING & APPEALS MEETING FEBRUARY 4,2025

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 Barbara Baldasarre

Commissioner Jane Reiser

Commissioner David A. Ravanesi

Commissioner Vinnie Andreano

Town Staff:

Town Attorney Donald J. Doody, Esq.

Town Clerk Sherry D. Henderson, CMC

Police Chief Jay Szesnat

The Pledge of Allegiance was recited.

I. QUASI-JUDICIAL PUBLIC HEARINGS

A. VARIANCE #2025-VI-901HM 901 Hillsboro Mile, Hillsboro Beach, FL 33062

Seeking a variance to Section 4-4 (C) of the Town's Code of Ordinances as stated below: Section 4-4 (C): "No building permits shall hereinafter be issued for the erection of any building or structure by the clerk or other official of the town whereby the building or appurtenance thereto sought to be erected shall encroach upon the easterly building line..."

Property Owner: Hillsboro Club, Inc.

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Mayor Miller advised that to avoid any appearance of impropriety, she would abstain from voting upon this Item, as she is a member of the Hillsboro Club.

Town Attorney D. J. Doody stated that Section 12-282 (C) of the Town's Code of Ordinances requires a four-fifths vote of the Board of Zoning Appeals to approve a variance. The mayor's abstention means the applicant would require a unanimous decision by the four remaining members of the Board for approval.

At this time any individuals wishing to speak on the Item were sworn in by Town Attorney Doody.

Planning Consultant Graham Long, CG&A, explained that both Variance Applications before the Board address a joint seawall project along the Atlantic coastline. The two properties involved are the Hillsboro Club (901 Hillsboro Mile) as well as a private residence located in the RS-2 single-family residential zoning district (921 Hillsboro Mile)

The reason for the variance request is that the Town's Code states no structures may be built past the Easterly Building Line, which is a defined line created by the Town and on file with Broward County. In the subject section of the Town, the Easterly Building Line is very close to the beach itself, located on the dune.

Gordon Thomson, 2500 N. Military Trail, Suite 275, Boca Raton, Florida, representing the Applicants, gave a presentation on the variance request, stating that the seawall is proposed because some of the Hillsboro Club's structures are threatened. He provided photos of the subject area, noting that buildings are constructed very close to the dune line. When they were constructed several decades ago, the dune was wider; however, it has eroded over time, and surge can threaten the buildings.

The Hillsboro Club engaged consultant Baird & Associates to create a Master Plan which provided them with potential options for the protection of their property, some of which has historic significance. These options included beach or dune nourishment as well as the construction of a seawall. The consultant recommended the seawall option, as the width of the beach is very limited in the subject area due to the jetty structure on the north side of Hillsboro Inlet. Any address of that structure is beyond the purview of the Hillsboro Club, as it would involve the Hillsboro Inlet District, the Town itself, the U.S. Army Corps of Engineers, and the Florida Department of Environmental Protection (FDEP), as well as communities to the south.

02/04/25 Town of Hillsboro Beach Board of Zoning and Appeals Hearing Minutes storm event. The family chose to extend the proposed Hillsboro Club seawall and undertake it as a joint project. Mr. Thomson emphasized that the two Variance Applications before the Board are separate.

The proposed seawall has been submitted to FDEP as a coastal construction control (CCC) permit, which includes a few requirements. One requirement is approval by the Town in its capacity as local jurisdiction. Another is that the seawall be constructed as far landward as possible. Mr. Thomson advised that his preference was to proceed with dune nourishment or beach nourishment. The Application proposes to put some sand on the beach in front of the seawall; however, there is a limit to the volume of sand that can be put on the beach.

The seawall would be located at the toe of the du as possible. Excavation into the dune is not recom itself as well as the structures. Mr. Thomson sho Hillsboro Club, the proposed seawall, and the bea

e, reaching as close to the vegetation line ended, as this could destabilize the dune ed a rendering of the area, including the h access point.

The seawall itself will be comprised of sheet pile wall with a concrete cap and rock and soil anchors. The intent is to avoid batter piles, as a structure belonging to the Hillsboro Club would be compromised by the proximity and angle of those piles. The concrete cap would be a 3 ft. square structure with sand in front of it. Most of the seawall would not be visible on a daily basis.

Mr. Thomson also identified older piles on the rendering, which are thought to be the remnants of older structures. The seawall will be constructed directly against these, accompanied by backfilling and vegetation. He also showed views of the McCarty's property, noting that the proposed seawall would continue to follow the alignment of vegetation and would be set further back than the seawall located to the north of that property.

Town Attorney Doody requested that the applicant's representative identify the hardship necessary for approval of a variance, as well as clarification of whether more than one variance is being sought at this time by the Hillsboro Club. It was clarified that there is no variance request regarding the seawall cap at this time, as it would be compliant with Town Code. The base flood elevation mentioned in the presentation is not a Town regulation.

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Mr. Thomson explained that the hardship in this case is the location of the structures, as well as the fact that the property is not able to protect its existing structures without constructing a seawall. The only alternative would be to relocate those structures, some of which are considered historic and would be negatively impacted.

Commissioner Ravanesi requested clarification of the height of the proposed seawall. Mr. Thomson replied that it would be +13 ft.The area for which the wall is proposed is approximately +8 to +9,which means there will be 3 ft.to 4 ft.of wall exposed.

Commissioner Andreano commented that erosion can expose more of the seawall and the rocks helping to anchor it over time, and asked how deep the structure would be built. Mr. Thomson replied that the sheet pile will extend down to the bedrock, which in the subject area varies from -17 ft. to -20 ft. He confirmed that after a major storm event, however, more of the seawall would be exposed. He characterized the seawall as "the last line of defense" in the event of a large storm, as sand would be moved offshore. As the sand naturally moves back onshore over time, less of the sheet pile would be exposed.

Mr. Thomson continued that another consideration for the Hillsboro Club is working with the Hillsboro Inlet District to determine if they can take some of the sand that goes into the inlet; however, these discussions are still in very early stages. He concluded that the applicant does not plan to place any rocks as part of the proposed project.

At this time Mayor Miller opened the public hearing. As there were no individuals wishing to speak at this time, Mayor Miller closed the public hearing and brought the discussion back to the Board.