The URL can be used to link to this page

Adjustment Hearing Case Files_2367 S. Ocean Blvd._20100622_26543TOWN OF HIGHLAND BEACH BOARD OF ADJUSTMENT AND APPEALS DECISION ON PETITION FOR VARIANCE Petition No. 26543 Public Hearing Date: June 22, 2010 Town Code Chapter 30-68(e)(1)(a) Petitioner Ocean Salt, LLC Property Address 2367 S. Ocean Blvd. 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 Adiustment and Aoueals Page 2 Decision on Petition for Variance n 2367 S. Ocean Blvd - Build privacy wall 20 inches higher than code. SIGNATURES David Stern, Chairman Joseph Colby, Vice Chairman Anthony P. Ruotolo Ruth Samuels Louis Stern Americo Varone Evelyn Weiss WRITE `�EQR" OR "AGAINST" PETITION Attest: cc: Building Official Date:-. 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 ADJUSTMENT 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. BUILDING DEPARTMENT TRANSMITTAL FORM Transmit To: Valerie Oakes, Deputy Town Clerk Date: May 24, 2010 Application No: 2§543 Applicant/Owner: Ocean Salt LLC Property Address: 2367 South Ocean Blvd., Highland Beach, FL 33487 Submit Application: Board of Adjustment and Appeals Description of Application: Variance Petition REVIEW GIVEN TO SURIECT PROPETY Preliminary Review ❑ Final Review; ❑ Amended Site Plan Review ❑ Other: THE BUILDING OFFICIAL HAS REVIEWED THE ABOVE MATTER DATED , AND HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN: ❑ Plans meet Town of Highland Beach Zoning and other governmental agencies requirements. ❑ Plans meet Town of Highland Beach Zoning requirements; however, approvals are pending with Pther governmental agencies. lans do not meet Town of Highland Beach Zoning requirements. Recommendation: Section 30-68(e) (1) (a) Highland beach Ordinance, ----Fences, walls, hedges. Fences and walls in residential zoning districts shall not exceed six (6) feet in height. The height of a fence or wall shall be measured from the lowest elevation adjoining either side of the structure or landscape material. It is my recommendation, that the code be enforced; that fences and walls should be stepped or designed to follow the contour of the dune (grade), at adjoining properties. TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, i.e., W*40G, TRANSMIT TO QUASI-JUDICIAL BOARD, ETC. Michael D�sorcv;)Buildthci Official Updated: 02/23/2010 LOCATION: 2367 S. OCEAN BLVD; HIGHLAND Permit #: BP-26543 Inspection Type: BL-04 COLUMNSITIE BEAMIWALLS Printed: 4/16/2010 7 Scheduled Date: Monday, April 19, 2010 - Subdivision: BYRD BEACH Property Owner: OCEAN SALT LLC Owner Phone: 561-272-6852 Prime Contractor: MARK TIMOTHY INC Describe: ADD HEIGHT TO EXISTING WALL Comments: AM ❑ CONDITIONAL APPROVAL: El EJ Inspectors Comments and Conditions: ❑ REINSPECTION REQUIRED ❑ REINSPECTION FETE Inspector: M ` `,) w& Michael Desorcy Contract Phone: 561-272-6852 Cell: Fax: 561-272-5571 Purpose: Remodel SF Residence INSPECTION # 7- El Workmans Comp Insurance: YES ❑ Approved ❑ Approved with Conditions ❑ Not Ready [ri f(o IP'A-Z-__ BY DATE TIME 'NOT Approved ❑ Cancelled ;!< 1 ❑ STOP WORK ORDER: This stop work order is issued pursuant to official Building Code for the Town of Highland Beach. For instructions concerning compliance with this order, contact the Building Official at (561) 278-4540 within 10 days of the date hereof. ptwrpt: LONG32.RSUQBE RSD 8/1 REV:6/1/02 Page 1 of 3 TOWN OF HIGHLAND BEACH BOARD OF ADJUSTMENT PETITION DO NOT WRITE IN THIS SPACE — FOR OFFICE USE ONLY PETITION NO, Za? q FEE PAID/RECEIPT NO DATE SET FOR PUBLIC The owner or his agent has has not submitted a petition regarding the subject property within the last year. NOTE: Ordinance No. 442 Fees: Variance and/or Appeal to Board of Adjustment $500. BOARD OF ADJUSTMENT TOWN OF HIGHLAND BEACH, FLORIDA OWNERS NAME Ocean Salt LLC PHONE (561) 289-6909 OWNERS ADDRESS 2367 S. Ocean Blvd., Highland Beach, Florida 33487 AUTHORIZED AGENT Mark Timothy Inc., Andrea Frackiewicz & Guy Flora PHONE (561) 272-6852 AUTHORIZED AGENT ADDRESS 41 SE 5"' Street 2"d Floor Boca Raton FL 33432 Request that a determination be made by the Board of Adjustment of the Town of Highland Beach for the following Variance under section(s) 30-68, (e), (1). and (a) of Chapter 30 of the code of ordinances of the Town of Highland Beach. The description of the subject property is as follows: ADDRESS 2367 S. Ocean Blvd., Highland Beach, FL 33487 LOT 5 BLOCK SUBDIVISION Byrd Beach LOT SIZE 100' X 484' +/- PRESENT ZONING Residential PRESENT USE Single Family Residence 1. PRESENT STRUCTURES (type) Single Family Residence with Masonary Privacy Wall 2. THE PROPOSED USE WILL BE Single Family Residence with Masonary Privacy Wall with Added Height 3. IF THIS PETITION IS GRANTED, THE EFFECT WILL BE TO Have easterly 39 Y2 'portion of southern arivacv block wall to be 20 inches higher than code. 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. Page 2 of 3 (a). That special conditions and circumstances exist which are peculiar to the land, structures, or building involved and which are not applicable to other lands, structures or buildings in the same district. The ocean front sand dune affects a uniform grade between applicant and property directly to the south. Neighbor to south also welcomes the new wall height, letter forthcoming. (b). That the special conditions and circumstances do not result from the actions of the applicant. Because the adjacent pool deck elevation is much higher which affects the site line from one deck to another. Please see attached Photos. (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. Granting this variance will allow the wall to remain approximately 20 inches above code for 39 %Z feet and allow applicant similar property line wall heights presently enjoyed by other properties within the town. (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 (We would like to invite Board Members to visit the property and view privacy wall prior to hearing. Please call Andrea at (561) 573-8647 to set up visit. Review of a few properties in town indicate similar walls being equal to or higher than applicants. Thereby causing undue hardship of removing 20 inches off the top of the 39 %Z feet portion of the wall and then reconstructing 8 inches of concrete u-block cap as follows: Removal —Concrete cap u-block, rebar, and 20 inches of 8 inch block (Total 28 inches) Reconstruction — Reset a concrete u-block, place steel rebar, pour concrete, cure concrete, strip forms, stucco wall, paint wall and replace damaged landscaping. Page 3 of 3 Authorized Agent — Guy Flora �7 'b" Bch a 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. N/A 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. 2359 - Henry M. Goldberg, 2359 S. Ocean Blvd., Highland Beach, FL 33487 2363 — Randy & Dana Pross, 2363 S. Ocean Blvd., Highland Beach, FL 33487 2365 — D&E Florida Real Estate Holding Co., 2 Pillsbury Street, Suite 502, Concord, NH 03301 2375 —JP Beach Properties LLC, 11988 State Route 45, Lisbon, OH 44432 2395 — Sumentra & Krishna Persaud, 2395 S. Ocean Blvd., Highland Beach, FL 33487 2425 —Juliann Marcy, 2425 S. Ocean Blvd., Highland Beach, FL 33487 2358 — Charles P. & Melba Muniz, 2358 S. Ocean Blvd., Highland Beach, FL 33487 2362 — Willis E. & Elizabeth K. Hartman, 2362 S. Ocean Blvd., Highland Beach, FL 33487 2366 — Dagmar K. Sall, 2366 S. Ocean Blvd., Highland Beach, FL 33487 The unde Owner Mark-j Pulte, Member i h11T Cut 1 ie, I j- S?V,-k1 Owner must supply authorized agent i t all statements contained in this document are true. Sworn to and subscribed before me this �J day of �� 20 °e Notary Public Stare ' Florida I-r� �3 Pj✓v Leslie Anne Romero dy✓n Z_ _ o My commission DD740498 F�°� Expires 12/14/201, d letter attesting to the same Sworn to and subscribed before me this- Authorized Agent —Andrea Frackiewicz 0 day of (n 2010' NN�� 00 P& Notary Public Stair r ,=lorida ° t/K��/L✓�� `� Leslie Anne Romi,ot, �$" o My Commissior; JD740498 / f �Q / h �• �� '?oF Expires 12/141201 1 CX Sworn to and subscribed before me this 3 day of 201 Notary Public State ::`Florida r° Leslie Anne Romero yy c My commission D0740498 Expires 12/14/2011 Pd)/)/1 0)10 /4 JAMES PASTORE May 18, 2010 Town of Highland Beach Board of Adjustment 3614 South Ocean Blvd. Highland Beach, FL 33487 To Whom It May Concern, My name is Jim Pastore, I am the owner of 2375 South Ocean Blvd. in Highland Beach. The property directly north of my home (2367) is requesting a variance for the privacy wall between our two properties. I would like to express my appreciation for the added height to this privacy wall. Due to the extreme difference in elevation between our lots there is little to no privacy between the properties. I am pleased and support this variance and hope the Board of Adjustment will do the same. 2375 SOUTH OCEAN BOULEVARD, FL 33487 330-853-1616 June 21, 2010 Town of Highland Beach Board of Adjustment Variance Petition Dear Board of Adjustment, 1, Mark T. Pulte, Member of Ocean Salt, LLC for the property located at 2367 S. Ocean Blvd., Highland Beach, FL, 33487. 1 authorize Andrea Frackiewicz and George A. Bariso to act as my authorized agents before the Board of Adjustment in the Town of Highland Beach, FL to request a variance for the south east privacy wall. Thank you in advance for your co Sworn to and subscribed before me on this Mark T. Pulte, ber day A 1.( i1� ,2010. ' J� V t t�L YK S Notary Public State of FMrlde 10 Leslie Anne Romero ,'A t,� -O'Ce rt" � w 1� 0 �e9" My Commission D0740498 Expires 7 2/14/ZOf 1 s �o P-4' S'XS' BOND BEAM WITH (1) 05 CONTINUOUS (1) "5 IN a 32' O.C. GROUT WALL SOLID DRILL t EPDXY 45 VERTICALS, 6' INTO TOP OF THE EXISTING BOND BEAM WITH HILT[ HIT HY 150 2 PART EPDXY. EXISTING MASONRY SITE WALL EXISTING 18, DEEP X 403 FOOTING 51TE WALL si I MAW TIMOTHY N 41 BE 5T14 STREET •w••• j N BOCA RATaI FLORlDA 33432 M Gkd= Owd, P37 to IAI at- ".`•1 a j1 �+q� - .�;� ,/. , _ i i I - i1 Ili► 1 ,• r 111 � BSI t � ` �•� �r � � � `. . . !� .. !�, i {B �; .. a 'L I TOWN of HIGHLAND BEACH 3614 South Ocean Boulevard Highland Beach, FL 33487-3325 561 278-4540 Fax 561 278-2606 Receipt Record Page:1 Receipt Number: RCPT2010-730 Date Printed: 5/5/2010 Received From: MARK TIMOTHY INC Date: 5/5/2010 Reference #: BP-26543 Received By: Karen S. Amount: $500.00 Comments: Fees: FEE2010-873 Board of Adjustment Fee Accounts: 001-310.000-342.5 Other Fees, Penalties Other Fields: $500.00 $500.00 $500.00 $500.00 .fir CERTIFICATE OF MAILING This is to certify that on Tuesday, June 1, 2010, the Town of Highland Beach mailed a copy of the Notice of Public Hearing regarding a variance request for the property located at 2367 S. Ocean Blvd., Highland Beach, Florida, to the attached list. This mailing consisted of 9 notices. 'S - IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of June 2010. \C Andrea rackiewicz, Authorized ltt Ocean Salt, LLC ************************************************************************ STATE OF FLORIDA COUNTY OF PALM BEACH sf Before me this 'day of June 2010 personally appeared Andrea Frackiewicz, Authorized Agent, Ocean Salt, LLC, who is personally known to me and/or known to be the person described and who executed the foregoing instrument and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed. Notary Public — State of Florida (1�71 13 CornrAissioh Expiration Notary Seal: VALERIE OAKES MY COMMISSION # DD 937644 RENovember29, 2013 "t1'fThru NOW Public underwr tens Page 3 of 3 S. 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. N/A 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. 2359 - Henry M. Goldberg, 2359 S. Ocean Blvd., Highland Beach, FL 33487 2363 — Randy & Dana Pross, 2363 S. Ocean Blvd., Highland Beach, FL 33487 2365 — D&E Florida Real Estate Holding Co., 2 Pillsbury Street, Suite 502, Concord, NH 03301 2375 —1P Beach Properties LLC,11988 State Route 45, Lisbon, OH 44432 2395 — Sumentra & Krishna Persaud, 2395 S. Ocean Blvd., Highland Beach, FL 33487 2425 —Juliann Marcy, 2425 S. Ocean Blvd., Highland Beach, FL 33487 2358 — Charles P. & Melba Muniz, 2358 S. Ocean Blvd., Highland Beach, FL 33487 2362 — Willis E. & Elizabeth K. Hartman, 2362 S. Ocean Blvd., Highland Beach, FL 33487 2366 — Dagmar K. Sall, 2366 S. Ocean Blvd., Highland Beach, FL 33487 The undersi ned hereb a at all statements contained in this document are true. Sworn to and subscribed before me this �J Owner Mark . Pulte, Member day of 20 GV " osA ° Notary Public State ,f Florida _ Leslie Anne Romero �y�T- �u I I I S• p�� 1 C41 d_V /� �r Expires 12/14/20t t ,�+� My Commission DD740488 I j G r _''OF d Owner must supply authorized agent notarized letter attesting to the same Sworn to and subscribed before me this Authorized Agent —Andrea Frackiewicz day of (!� 201 L F Notary Public Stara ;�, =lorida /�j d -�/L✓1 �' Leslie AnneRorlle r,�WMy Commission DD740498 .Expires 12/14J2011 01,'ih4A_A 19 suh'1 Sworn to and subscribed before me this 'S(A day of 201. o�p1� ►os_ Notary Public State of Florida a `F Leslie Anne Romero ��y e My Commission OD740498 \\ �•or Expires l 2/14/2011 Agent — Guy Flora (1_r TOWN OF HIGHLAND BEACH BOARD OF ADJUSTMENT & APPEALS NOTICE OF PUBLIC HEARING The Board of Adjustment & Appeals of the Town of Highland Beach will conduct a Public Hearing in the Town Commission Chambers located at 3614 S. Ocean Blvd., Highland Beach, FL 33487 on Tuesday, June 22, 2010 at 9:30 a.m. to consider the following: REQUEST SUBMITTED BY OCEAN SALT, LLC FOR A VARIANCE REQUEST FOR PROPERTY LOCATED AT 2367 SOUTH OCEAN BLVD., HIGHLAND BEACH, FL REQUESTING THE SOUTH EASTERLY PRIVACY WALL TO BE BUILT 20" HIGHER THAN CODE. 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 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 return receipt on Tuesday, June 1, 2010 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. THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Ellen Sanita, who on oath says that she is Call Center Revenue Manager of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a Notice in the matter BOA Public Hearing was published in said newspaper in the issues of June 11, 2010. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she/he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Also published in Martin and St. Lucie Counties. ciC Sworn to and subscribed before I I" day of June, A.D. 2010. Who is personally known to me. NOTARY PUBLIC -STATE OF FIARMA a+''`NN'`- Kmn X MC%nton 5 Commission # DDS32672 ...„., • Expires: NOV IS, 2012 BMW MU ATi..*."c BOnuiG CO, INC. PALM BEACH NEWSPAPERS, INC. The Palm Beach Post 2751 S. Dixie Hwy., West Palm Beach, FL 33405 Phone: (561) 820-3106 Fax: (561) 820-4340 FED ID # 58-1633719 legalso5pbpost.com Legal Advertising Invoice Account # 770781 Advertising Deadlines Ad # 5358632 Publish Deadline Monday Friday 3PM Description: Not: BOA Public Hearing Tuesday Friday 3PM Wednesday Monday 3PM Size: 3.25 " Thursday Monday 3PM Friday Wednesday 3PM Amount: $134.16 Saturday Thursday 3PM Sunday Thursday 3PM Published: June 11, 2010 Town of Highland Beach Town Clerk's Office 3614 S. Ocean Blvd. Highland Beach, FL 33487 70 «, , co D x r lY � O D � C� = M� T r w rn A v O O l O') o o CD N �• =r_ 0 -0 W =7 Q Q (D C W (D W 0 n ? W 3 v ry c