The Palm Beach Code Enforcement Board decided to not fine the Claridges Condominium over two code violation cases related to two air conditioning units installed without the town's approval. But the board warned it wouldn’t be as lenient at a later meeting, if progress isn’t made toward permitting the new equipment.

The code board voted to defer fine-consideration hearing for both cases to its Jan. 15. If the condo completes its permit application, the board will continue to delay the fine. The board’s willingness to continue delaying the fines stems from the extended approval process for permits for the cooling towers at condominium's two buildings. Both are above the town’s zoning code threshold for mechanical equipment, and as such would require a design review from the town’s Architectural Commission and the Town Council’s approval the associated request for a variance to the town’s zoning code. James Gavigan, attorney for the project, said a permit application would have been completed and filed if the project’s surveyor had completed their study properly. That was the same reasoning he gave during the code board’s hearing on the violation back in October. While the Oct. 16 hearing had been the board’s first review of the condo’s eastern buildings at 3456 S Ocean Blvd., the meeting was the third involving the Claridges’ cooling towers installed without the town's approval. The first case against the condominium, for the building at 3460 S Ocean Blvd., appeared before the board during its April 17 meeting. At that time, the code board chose to levy a $150 administrative fee and give the condominium until Aug. 21 to come into compliance.

The South End Claridge Condominium has been caught up in two code violation cases, after the cooling towers were installed at the property's two buildings without the town's approval.

During the Aug. 21 code board meeting, Gavigan said the condominium association had hired an architect and was drafting documents required for the design review and permit application process for the building at 3456 S Ocean Blvd. That led the code board to defer that building's fine-consideration case to its Dec. 18 meeting.

But when the two cases returned in December, the documentation required for the permit review process was still pending, according to code officers.

At the latest meeting, Gavigan said that all required documentation had been completed, save for the surveys of the property and cooling towers.

He said the delays were caused by the surveyors, as they only measured the elevation of the cooling towers.

Considering the project would require the approval of both the Architectural Commission and Town Council, he asked for a 60-day or 90-day delay on the daily running fines.

But the patience of some board members was wearing thin, considering the extended amount of time given to the condominium.

“It strikes me as being wise to consider having a fine now, and maybe at a future date, they can come back for a fine consideration once they’ve completed” the permit process, alternate board member John Cohen said.

But Member Chris Larmoyeux thought a fine delay was worth considering, since the project had completed nearly all the required documents needed for the review process, save for the surveyor's elevation study.

Gavigan also noted that while the cooling towers were installed without the proper permitting, the variance associated with their height was due to the code’s outdated height limits for roof top mechanical equipment.

Board Chair Martin Klein agreed that the zoning code is outdated. But that still doesn’t change the fact that the cooling towers were installed without the town’s approval, he told Gavigan.

“I’d be much happier if you told me, you filed all the papers necessary for the variance, and it was just a matter of waiting for the Town Council to act,” Klein said.

When Board Member Harris Fried made a motion to hit the condominium with a $250 daily running fine for each code violation case, his colleague Chris Larmoyeux pushed back.

Though the condominium had faced delays getting the required documents, they have made notable efforts to get the process for these cooling towers’ approval started, he said. Moreover, unlike other code violations under review, representatives for the condominium had attended each meeting and delivered updates to the board each time.

“I believe very strongly a fine at this moment is inappropriate,” he said.

Larmoyeux proposed to give the project a month to complete the survey work. If no progress is made by then, then the board can consider a daily-running fine, he said.

That proposal convinced the board, including his colleague Fried.