Adjustment Hearing Case Files_4210 S. Ocean Blvd._20130515_29605TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT AND APPEALS
DECISION ON PETITION FOR VARIANCE
Petition No. 29605 Public Hearing Date: May 15, 2013
Town Code Chapter 30-64(a), Table 30-2
Petitioner Jordan Huffer
Property Address 4210 S. Ocean Blvd. #3, Highland Beach
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 [ ];
denied [X]; 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
Town of Highland Beach
Board of Adiustment and Apueals Paye 2
following approval. Extensions of variance approvals shall not be granted by the Board
of Adjustment and Appeals.
Decision on Petition for Variance k 4210 S Ocean Blvd #3 Relief from Code Section
30-64(a), Table 30-2 that requires a minimum side yard setback of 12 feet from property
line to be reduced to 8 feet from property line for the proposed first floor addition
approx.. 430 sq. ft) to the existing structure
SIGN.' --I--"
David
Ruth S
Barry i
Barry I
Bryan 1
Evelyn
Attest:
cc: Building Official
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 ADJUSTMETN 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.
i
BUILDING DEPARTMENT
TRANSMITTAL FORM
Transmit To: Valerie Oakes, Deputy Town Clerk Date: April 17, 2013
Application No: #29605 Applicant/ Owner: Mr. James Paine, Jr./Mr. Jordan Huffer
Property Address: 4210 South Ocean Boulevard, Unit #3, Highland Beach, FL 33487
Submit Application: Board of Adjustment and Appeals
Application Type: Application for construction of addition to building at 4210 South Ocean
Boulevard, Unit #3 -RML (Residential Multiple -Family Low Density) Zoning District
Description of Application:
Applicant has submitted a site plan and building elevations, for consideration of a first floor,
addition (approx. 430 sq. ft.) to an existing structure at 4210 South Ocean Boulevard, Unit #3.
The applicant has requested a hearing and review of petition, for relief of setback
requirements by the BOA. The site plan shows encroachment into the side yard setback.
THE BUILDING OFFICIAL HAS REVIEWED THE ABOVE MATTER DATED April 17, 2013, AND
HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN:
❑ Plans meet Town of Highland Beach Zoning and other governmental agencies requirements.
❑ Plan meet Town of Highland Beach Zoning requirements; however, approvals are pending with
er governmental agencies.
Plans do not meet Town of Highland Beach Zoning requirements.
Recommendation:
The Building Department has reviewed the submitted site plan, survey, and building elevations
for a proposed addition to the existing structure at 4210 South Ocean Boulevard, Unit #3. The
site plan shows the proposed addition encroaching into the minimum required side yard
setback of 12 feet, per Highland Beach Ordinance, Sec. 30-64(a) Table 30-2. If the applicant
and owner meet all the criteria of the variance requirements, as outlined in Highland Beach
Ordinance, Sec.30-40(e)(1 thru 8), the Building Department would have no objection to the
construction of the addition, subject to review and approval of the technical requirements of
the Florida Building Code.
PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, i.e.,
SCHEDULE HEARING, TRANSMIT TO QUASI-JUDICIAL BOARD, ETC.
Updated: 08/10/2010
BUILDING DEPARTMENT
TRANSMITTAL FORM
Michael De§Qrcy, Nuilding Official
CLERK'S OFFICE USE ONLY:
Date of Hearing/Regular Meeting: L.PD
Date Received: _,i' I -� -I
Updated: 08/10/2010
PETITION NO.
TOWN OF HIGHLAND BEACH O
BOARD OF ADJUSTMENT
PETITION
FEE PAID/RECEIPT NO.
DATE SET FOR PUBLIC
MAR 6 2013
HEARING
029605
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 OFA ADJUSTMENT - TOWN OF HIGHLAND BEACH,c FLORIDA
OWNERS NAME
(/ Ol�'—PAIY PHONE l �� 4 ¢ 6 — 74-f-7
OWNERS ADDRESS -41-24 0 LL -)I--)
AUTHORIZED AGENT c% H67-5 C_ /��-�lVr=,�%/� pi3ONE .5��l
AUTHORIZED AGENT ADDRESS S G N Cf� ��
A Cr
request that a determination be made by the Board of/ Adjustment of
the Town of Highland Beach for the following Variance under
Section(s) of Chapter 30 of the Code of
Ordinances -of the Town of Highland Beach. The description of the
subject property is as follows:
ADDRESS - Z /C:1 C' 4�7-z -
LOT BLOCK �- SUBDIVISION,- 43 87b L I p d
LOT S I ZE Z57, D O 0 �� PRESENT ZONING
/0,9 X / 5-O
PRESENT USE /02-� S (-J"t4,c, (f ,i=
1. Present Structures (type) �J V /,l / 7 f"6 U-)1-4/� pV-s
U
ON
CdN ST%-�-T/o tV
2. The proposed use will be% V /lV� F2G>/'
tom/ �}` L6-
3. If this Petition is granted, the effect will be to
7-,9��� v c -E �/ t h�
Ir ' I~
(brief description - i.e., to reduce side yard from 7-1/2' to 21)
i.UW14 Ur. HIGHLAND BEACH
BOARD OF ADJUSTMENT
PB
T Imo_._ Page 2 of 3
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.
(a) That 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;
Special circumstances exist which are peculiar to the land and the structure, specifically,
the structure is situated so that there is 8 feet available to the north side setback line for
expansion of the structure. After allowing for the thickness of a new exterior wall, any
new addition may only have an interior room width of 7'-2" which is not adequate'for a
functional room.
(b) That the special conditions and circumstances do not
result from the actions of the applycant;
The special circumstances were put in place at the time of original construction, before
the applicant acquired the property.
(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;
The granting of this variance will not confer any special privilege to the applicant because
the use will remain as single family residence, the only change being that he will have a
bedroom with handicapped bath on the first floor available to accommodate his disabled
mother, who can not climb stairs and needs a handicapped equipped bathroom
(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.
The literal interpretation of the ordinance would deprive the applicant of privileges
enjoyed by other property owners since other variances have been granted in a variety of
special circumstances. Enforcing the setback literally would work undue hardship on the
applicant because an addition to the current setback line creates rooms that are too narrow
to function properly.
TOWN OF HIGHLAND BEACH O
-BOARD OF ADJUSTMENT
PETITION
Pa e 3
5. Has any previous application or appeal been filed within the
last year in connection with these premises? (Yes) (No)��
If so, briefly state the nature of the application or appeal.
Following are the name an addresses of all owners of property
within a distance of 300 feet from the outside edges of the
property involved in i 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.
See property owners list attached and radius map, attached. (300' radius)
(Attach extra sheet if necessary)
The and signed hereby attest to the fact that all statements
con this document are true.
rJn-
OWNER AUTHORIZ D AGENT
Owner must supply authorized agent notarized letter attesting to
same.
Subscribed and sworn before me, this 6
day of Thd,ui , Baa 3 a Notary Public
in and for County,
State of
LZ
(Signature)
NOTARY PLIC
My Commission expires
I
;4aYP ROSALiE DEMARTINO
=• My COMMISSION $f EE080671
EXPIRES April 04, 2015
(407)1398-015:3 Florida NotarySerwce.c=
Sworn to and subscribed before me
this Cli,— day of M arch , I" 2013
Notary Puaic
------------
`t PRY PVB'�.�
STACEY MORRIS
•
Notary Public - State of Florida
.
My Comm. Expires Aug 22, 2014
Commission # EE 19244
Bonded Through National Notary Assn.
MAR 6 2013 P� 1 1
029605
JAMES C. PAINE, MIL
ARCHITECT N1 IM8FR
2831 Exchange Court, Suite "A"
West Palm Beach, FL 33409
Telephone (561) 346-4685
Facsimile (561) 686-5862
March 6, 2013
Mr. Michael G. Desorcy
Building Official
Town of Highland Beach
3616 S. Ocean Blvd.
Highland Beach, FL 33487
Re: Variance Application for Residential Addition/ Side Setback
4210 S. Ocean Blvd.
Dear Mr. Desorcy:
Thank you for meeting with me yesterday to discuss the details of the variance
application for Mr. Jordan Huffer at 4210 S. Ocean Blvd.
Please find attached the above referenced variance application.
Mr. Jordan Huffer asked me to explain to you that his mother has a certification as
a physically disabled person and he can provide that paperwork if it would be helpful to
his request. The main purpose of this addition is to provide an accessible place for her
when she visits.
Mr. Huffer is working on providing letters of support from the property owner to
the north and the other two occupants of the townhouses in his building at 4210 S. Ocean
Blvd.
I noticed that only 4 variance standards are required to be addressed by the various
application form. I am attaching responses to the 4 additional standards listed in the form
(on a separate sheet, attached) because I think the responses support our request. If
appropriate please include these responses with our application.
Thank you very much,
Sincerely, James C. Paine, Jr.
ADDITIONAL VARIANCE CONSIDERATIONS
Numbers 5 through 8 from page 4 of the application
(5) The variance requested is the minimum variance needed to make the rooms of the a
addition functional; specifically to allow for adequate handicapped space for the new
bedroom and bath.
(6) The variance will be in harmony with general intent because there is no change in use
of the property and the physical structure is architecturally compatible.
(7) Financial hardship is not a consideration. The applicant is willing to spend the funds
Necessary to provide accommodations for his mother.
(8) The variance will not be detrimental to the neighbors because of relatively small size
and architectural compatibility.
MAR 6 2013
JORDAN HUFFER
4210 S. OCEAN BLVD.
HIGHLAND BEACH, FLORIDA
March 6, 2013
Mr. Michael G. Desorcy
Building Official
Town of Highland Beach
3616 S. Ocean Blvd.
Highland Beach, FL 33487
Via Hand Delivery
PE -RMI I
0 29605
Re: Variance Application for Residential Addition/ 4210 S. Ocean Blvd.
Side Setback
To Whom It May Concern,
The purpose of this letter is to authorize James C. Paine, Jr. to act as my agent in
connection with the variance request referenced above.
Subscrlb d and sworn before me, this_
day of r/ Gi 3 a Notary Public
in and for m ia County,
State of !2r \
(Signature)
NOTARY PUBLIC
My Commission expires -- V
Sin rely,
Jor an Huffer
ROSALIE DEMARTINO
'IF
MY COMMISSION # EE080671
EXPIRES April 04, 2015
(407) 398 0151 FWWallotarySerwce.com
TOWN of HIGHLAND BEACH
3614 South Ocean Boulevard
Highland Beach, FL 33487-3325
561 278-4540 Fax 561 278-2606
44 t �GHLq�
�44RtC)4''
Receipt Record Page:1
Receipt Number: RCPT2013-420 Date Printed: 3/7/2013
Received From: JORDAN HUFFER Date: 3/7/2013
Reference M BP -29605 Received By: Sue A.
Amount: $500.00
Comments:
Fees:
FEE2013-919 Board of Adjustment Fee
Accounts:
001-310.000-341.91 Board Application Fees
Other Fields:
IF ''. ILIE
$500.00
$500.00
$500.00
$500.00
G J Aq� "
s�
Sec. 10. Variances and Interpretations.
Applications for variance approval shall be reviewed as provided herein.
(a) Purpose.
The purpose of a variance is to grant a reduction in the dimensional requirements of
this Chapter, including but not limited to lot width, lot depth, lot size, size or
percentage of open space, building coverage, building height, building setbacks,
or required number of parking spaces.
(b) Board of Adjustment and Appeals.
Requests for approval of some variances shall be considered only by the Board of
Adjustment and Appeals. The Board of Adjustment and Appeals may approve,
approve with conditions, or deny a request for a variance from the requirements of
this Chapter.
(c) Applications.
Applications shall contain the information as may be required by and shall comply
with the requirements of Article 3.
(d) Public Notice.
Public notice for public hearings to consider variance applications shall be
provided as required in Article 3, Section 16 of this code.
(e) Consideration of Applications.
As a basis for consideration of an application for variance approval, the Board of
Adjustment and Appeals must determine an application is consistent with the
criteria listed below.
(1) Special Conditions. 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 zoning district.
(2) Hardship. The special conditions and circumstances truly represent a hardship,
and are not created by any actions of the applicant.
(3) Literal Interpretation. Literal interpretation of the provisions of this Chapter
would deprive the applicant of rights commonly enjoyed by other properties in
the same zoning district under the terms of this Chapter and would work
unnecessary and undue hardship on the applicant.
(4) Special Privileges. The grant of a variance will not confer upon the applicant
any special privilege denied to any other owner of land, buildings, or structures
located in the same zoning district.
(5) Minimum Variance. The variance granted is the minimum variance that will
make possible the use of the land, building, or structure.
(6) Purpose and Intent. The grant of the variance will be in harmony with the
general intent and purpose of this Chapter.
(7) Financial Hardship. Financial hardship is not to be considered as sufficient
evidence of a hardship in granting a variance.
(8) Public Welfare. The grant of the variance will not be injurious to the area
involved or otherwise detrimental to the public welfare.
(f) Approvals.
In granting a variance, the Board of Adjustment and Appeals may approve such
conditions and safeguards deemed necessary to conform to the intent and
purpose of this Code. Violations of such conditions shall be deemed a violation of
this Chapter. The board may also prescribe a reasonable time limit to initiate the
action granted by the variance and to complete such action. Failure to initiate
and complete an approved variance shall render such approval null and void, and
the approval shall expire.
(g) Required Vote.
The vote of at least four members of the Board of Adjustment and Appeals is
necessary to grant a variance from the requirements of this Chapter.
(h) Run with the Land.
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 18 months following approval. Extensions of variance
approvals shall not be granted by the Board of Adjustment and Appeals.
(i) Variance Null and Void.
A variance granted by the Board of Adjustment and Appeal shall automatically be
null and void in any of the following circumstances:
(1) demolition of structure which was granted a variance;
(2) removal of a structure which was granted a variance; or
(3) other similar action which eliminates the reason for granting the variance.
a) Use Variances Prohibited.
The Board of Adjustment and Appeals or any other body, unless specifically
authorized by this Chapter, shall not grant a variance to establish or expand a use
not allowed as a permitted use or special exception use in any zoning district, or a
use not allowed within a residential planned unit development.
(k) Other Lands and Uses.
Evidence of nonconforming use of neighboring lands, structures, or buildings in the
same zoning district or the permitted use of lands, structures, or buildings in other
zoning districts shall not be considered grounds for the authorization of a variance.
O
(1) Variance from Development Standards Prohibited.
The Board of Adjustment and Appeals, unless specifically authorized by this code,
shall not grant a variance from the development standards regarding uses as set
forth in Table 30 - 4.
(m) Findings.
(1) The Board of Adjustment and Appeals shall make findings that an application
for variance approval has complied with the requirements of this Section.
(2) The Board of Adjustment and Appeals shall further make a finding that the
reasons set forth in the application justify the granting of the variance, and that
the variance is the minimum variance that will make possible the reasonable
use of the land, building, or structure.
(3) The Board of Adjustment and Appeals shall further make a finding that the
granting of the variance will be in harmony with the general purpose and
intent of this Chapter, and will not be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
(n) Appeals.
Appeals of the decisions of the Board of Adjustment and Appeals shall be filed with
the Fifteenth Circuit Court in and for Palm Beach County. Appeals shall be filed
within 30 calendar days following the decision by the Board of Adjustment and
Appeals.
(o) limitations.
Whenever the Board of Adjustment and Appeals has acted on a request for
administrative review or variance, the Board shall not consider any request for
substantially the same action for a period of one (1) year from the date of the initial
decision.
(p) Interpretations, Decisions, and Appeals.
(t) Appeals of a decision, order, requirement, determination, or interpretation of
the Building Official or other Town official regarding the provisions of this
Chapter shall be filed with the Board of Adjustment and Appeals.
(2) Appeals shall be filed on an application established by the Building Official.
(3) The appeal shall be considered by the Board of Adjustment and Appeals not
more than 30 days following receipt of a complete application by the Building
Official.
(4) The vote of at least four members of the Board of Adjustment and Appeals is
necessary to grant an appeal or to reverse the decision, order, requirement,
determination, or interpretation of the Building Official or other Town official.
APR 852413
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Date Printed: 001/2013 The Palm Beach Post 2
Time Printed: 04:4:07:27 PM
Real News Starts Here
Account:
G1333
Phone:
5612784548
E-mail:
Purchase Order:
MAY 15, 2013
Pay Type:
Billed
Account Group:
185.76
Caller:
VALERIE OAKES
Order Name
Ad Name:
Copyline:
Editions:
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Start:
Stop:
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Colors:
Reply Request:
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MAY 15, 2013
182519A
TOWN OF HIGHLAND BEACH
PB Post, PB Post Web
6205 Legal Notices
05-04-2013
05-04-2013
1
0
0
RECEIPT
Name: TOWN OF HIGHLAND BEACH
Address: 3614 S OCEAN BLVD
City: HIGHLAND BEACH
State: FL
Zip: 33487-3393
Order Id: 82994
Ad Id: 182519
NOTICE OF
TOWN OF HIGHLAND REACH
WOEOFp{lilU"HEARING
BOARD OF ADIUSTMEM H�APFEALS
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JORDA NUFFUt FOR A VARLANa
REQUEST FOR-PROP81W'LOGVEO
AT 4210 SQUTN -O6AM BOULEVARD,
HIGFLLAND-;BEAQ1, FL. REQUESTWG
TIF N1
Lines: 54
Depth: 54
Columns: 1
Discount:
.00
Commission:
0
Net:
185.76
Total:
185.76
Payments:
.00
.00
.00
.00
Cash:
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PUB: TtiClerk
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54)Q20113 94 -.
Sales Rep: PB108
Original Ad Id:
Ad shown is not actual print size.
COXMedia Group
A Division of COX Enterprises, Inc.
Nadia Vagedes
TOWN OF HIGHLAND BEACH
NOTICE OF PUBLIC HEARING
BOARD OF ADJUSTMENT & APPEALS
The Board of Adjustment & Appeals of the Town of Highland Beach will conduct a Public Hearing
in the Town Hall Commission Chambers located at 3614 S. Ocean Blvd., Highland Beach, FL 33487
on Wednesday, May 15, 2013 at 2:00 p.m. to consider the following:
REQUEST SUBMITTED BY JORDAN HUFFER FOR A VARIANCE
REQUEST FOR PROPERTY LOCATED AT 4210 SOUTH OCEAN
BOULEVARD, HIGHLAND BEACH, FL. REQUESTING THE
FOLLOWING:
APPLICATION #29605 — RELIEF FROM HIGHLAND BEACH CODE OF
ORDINANCES SECTION 30-64(a), TABLE 30-2, THAT REQUIRES A
MINIMUM SIDE- YARD SETBACK OF 12 FEET FROM PROPERTY LINE
TO BE REDUCED TO 8 FEET FROM PROPERTY LINE FOR THE
PROPOSED FIRST FLOOR ADDITION (APPROX. 430 SQ. FT.) TO THE
EXISTING STRUCTURE.
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 made 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 Thursday, April 25, 2013, 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. Post in an area visible to the residents.
517/13
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Palm Beach Post, The
05/0412013
Miscellaneous Notices
TOWN OF HIGHLAND BEACH
NOTICE OF PUBLIC HEARING
BOARD OF ADJUSTMENT & APPEALS
The Board of Adjustment & Appeals ofthe Town of Highland Beach will conduct a Public Hearing in the Town Hall Commission
Chambers located at 3614 S. Ocean Blvd., Highland Beach, FL 33487 on Wednesday, May 15, 2013 at 2:00 p.m. to consider the
following: REQUEST SUBMITTED BY JORDAN HUFFER FOR AVARIANCE REQUEST FOR PROPERTY LOCATED AT 4210
SOUTH OCEAN BOULEVARD, HIGHLAND BEACH, FL. REQUESTING THE FOLLOWING:
APPLICATION #29605 - RELIEF FROM HIGHLAND BEACH CODE OF ORDINANCES SECTION 30-64(a), TABLE 30-2, THAT
REQUIRES AMINIMUM SIDE -YARD SETBACK OF 12 FEET FROM PROPERTYLINE TO BE REDUCED TO 8 FEET FROM
PROPERTY LINE FOR THE PROPOSED FIRST FLOOR ADDITION (APPROX 430 SQ. FT.) TO THE EXISTING STRUCTURE.
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 bythe Board of Adjustment & Appeals made 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 ofthe proceedings is made, which record includes the testimonyand evidence upon which the appeal is based.
Valerie Oakes, CMC
Deputy Town Clerk
PUB: The Palm Beach Post
5-04/2013 #82994
Palm Beach Post, The
05/04/2013
Miscellaneous Notices
NOTICE OF PUBLIC MEETING ---------
MAY 8th, 2013
THE PALM BEACH COUNTY TRANSPORTATION DISADVANTAGED, LOCAL COORDINATING BOARD ANNOUNCES APUBLIC
MEETING WHICH ALL PERSONS ARE INVITED.
DATE: MAY 8th, 2013
TIME: 9:30 AM
LOCATION: PALM TRAN CONNECTION
3040 SOUTH MILITARY TRAI
L LAKE WORTH, FL. 33463
CONFERENCE ROOM
PUB: The Palm Beach Post
5-4/ 2013 #83203
Palm Beach Post, The
05/04/2013
Miscellaneous Notices
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO. 502009CAD15424XX00(MB
BANK OF AMERICA, NA,
Plaintiff(s),
SANDRA B. HERNANDEZ AfK/A SANDRA BARBARA HERNANDEZ AlK/A SANDRA HERNANDEZ; et al.,
NOTICE IS HEREBY GIVEN that Sale will be made pursuant to an Order or Final SummaryJudgment. Final Judgment was
awarded on April 25, 2012 in Civil Case No.:502009CA015424XXXXMB, of the Circuit Court of the FIFTEENTH Judicial Circuit in
and for PALM BEACH County, Florida, wherein, BANK OF AMERICA NA is the Plaintiff, and, SANDRA B. HERNANDEZAIK/A
SANDRA BARBARA HERNANDEZ A/K/A SANDRA HERNANDEZ; JAVIER A LASSO; GARY MILLER; ELEANORE MILLER; THE
.I.—
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floridapublicnotces.con-Vsearching/results.htmin� •��^ ,.T, .,•"/„^ •. Tom.,..,, - -
1/8
JAMES C. PAINE, JR.
ARCHITECT
2831 Exchange Court, Suite "A"
West Palm Beach, FL 33409
Telephone (561) 346-4685
Facsimile (561) 686-5862
April 3, 2013
Mr. Michael G. Desorcy
Building Official
Town of Highland Beach
3616 S. Ocean Blvd.
Highland Beach, FL 33487
Re: Variance Application for Residential Addition/ Side Setback
4210 S. Ocean Blvd.
Dear Mr. Desorcy:
G�i�C�C�M D
APR 10 2013
HIGHLAND BEACH
BUILDING DEPARTMENT
Please fmd enclosed the radius map, property list and mailing labels for the above
referenced variance application.
You are correct that the labels were not provided with the initial submittal. I
apologize for the inconvenience caused to your office in looking for these materials.
Please proceed with the application process. Thank you very much.
Sincerely,
Jim Paine
May 15 2013 7:52AM HP Fax 9999999999 page 1
Letter attesting to need for relief under Federal and Florida Fair Housing Laws
TO: TOWN OF HIGHLAND BEACH (Attention Valerie - FAX 561-265-3582)
BOARD OF ADJUSTMENT & APPEALS
RE: SPECIAL MEETING
Wednesday, May 15, 2013
2:00 PM
Variance Request: 4210 South Ocean Blvd. — Public H
earing Application No. 29605 — Relief from Highland Beach Code of
Ordinances Section 30-64, Table 30-2, that requires a minimum side -yard
setback of 12 feet from property line to be reduece to 8 feet from property
line for the proposed first floor addition (approx. 430 sq. ft.) to the existing
structure.
Dear Board:
Unfortunately, my planned plane trip (see ticket attached) to Florida on May 14, 2013, was
unsuccessful because the car transporting me to the Denver Airport broke down. I arrived too
late and was not able to rebook by the time of today's meeting. Please accept this letter to
support my son, Jordan Huffer's testimony. It is my intention to cooperate fully with the board
providing information as needed. Due to the confidentiality requirements of the Americans with
Disabilities Act Amendments act and the Federal and Florida Fair Housing Laws (summarized
DOJ/HUD attached) for persons with disabilities, I had intended to be at this meeting to
personally verify and testify to facts about my severe physical disability to assist the Board
waiving certain areas of privilege if needed. The facts are simple:
1. I am nearly 72 years of age. I was pushed down in a grocery store breaking bones in my left
leg and hip. I have hardware in my left leg. I also.sustained an upper motor neuron lesion
causing me imbalance and weakness complicating my ability to recover.
2.J- can walk very short distances with a walker but must use a wheelchair for most purposes.
am oruidered 10094 disabled.
3. I must stay with my son, Jordan Huffer, at least for winters and soon year around.
4. I cannot manage to get upstairs at his home at 4210 South Ocean Drive and must have special
modifications as provided for under the Federal Law.
5. The modification would be a small room with assistive devices, walk in bathtub, hand rails
etc. so I have equal access and quality of Living as much as possible.
Please accept this as my declaration and under penalty of perjury I sign this document.
Respectfully,
May 15 2013 7:52AM HP Fax 9999999999 page 3
U.S. DEPARTMENT OF .JUSTICE
CIVIL RIGHTS DIVISION
+ U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
OFFICE OF FAIR HOUSING AND EQUAL OPPORTUNITY
Washingen, D.C.
May 17, 2004
JOINT STATEMENT OF
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND THE DEPARTMENT OF JUSTICE
REASONABLE ACCOMMODATIONS UNDER THE
FAIR HOUSING ACT
Introduction
The Department of Justice ("DOJ") and the Department of Housing and Urban
Development ("HUD") are jointly responsible for enforcing the federal Fair Housing Act' (the
"Act"), which prohibits discrimination in housing on the basis of race, color, religion, sex,
national origin, familial status, and disability.' One type of disability discrimination prohibited
by the Act is the refusal to make reasonable accommodations in rules, policies, practices, or
services when such accommodations may be necessary to afford a person with a disability the
equal opportunity to use and enjoy a dwelling.3 HUD and DOJ frequently respond to complaints
alleging that housing providers have violated the Act by refusing reasonable accommodations to
persons with disabilities. This Statement provides technical assistance regarding the rights and
obligations of persons with disabilities and housing providers under the Act relating to
' The Fair Housing Act is codified at 42 U.S.C. §§ 3601 - 3619.
2 The Act uses the term "handicap" instead of the term "disability." Both terms have the
same legal meaning. See Braddon v. Abbott, 524 U.S. 624, 631 (1998) (noting that definition of
"disability" in the Americans with Disabilities Act is drawn almost verbatim "from the definition
of 'handicap! contained in the Fair Housing Amendments Act of 1988"J. This document uses the
term "disability," which is more generally accepted.
42 U.S.C. § 3604(f)(3)(B).
May 15 2013 9:19AM HP Fax 9999999999 Page 2
reasonable accommodations.'
Ouesdons and Answers
1. What types oPdiscrimination against persons with disabilities does the Act
prohibit?
The Act prohibits housing providers from discriminating against applicants or residents
because of their disability or the disability of anyone associated with thems and from treating
persons with disabilities less favorably than others because of their disability. The Act also
makes it unlawful for any person to refuse "to make reasonable accommodations in rules,
policies, practices, or services, when such accommodations may be necessary to afford ...
person(s) [with disabilities] equal opportunity to use and enjoy a dwelling.' The Act also
prohibits housing providers from refusing residency to persons with disabilities, or placing
conditions on their residency, because those persons may require reasonable accommodations.
In addition, in certain circumstances, the Act requires that housing providers allow residents to
Housing providers that receive federal financial assistance are also subject to the
requirements of Section 504 of the Rehabilitation Act of 1973. 29 U.S.C. § 794. Section 504,
and its implementing regulations at 24 C.F.R. Part 8, prohibit discrimination based on disability
and require recipients of federal financial assistance to provide reasonable accommodations to
applicants and residents with disabilities. Although Section 504 imposes greater obligations than
the Fair Housing Act, (e.g., providing and paying for reasonable accommodations that involve
structural modifications to units or public and common areas), the principles discussed in this
Statement regarding reasonable accommodation under the Fair Housing Act generally apply to
requests for reasonable accommodations to rules, policies, practices, and services under Section
504. See U.S. Department of Housing and Urban Development, Office of Public and Indian
Housing, Notice PIH 2002-01(HA) (www.hud.gov/offices/fheo/disabilities/PIH02-Ol.pdf) and
"Section 504: Frequently Asked Questions; (www.hud.gov/offices/fheo/disabilities/
3ect504faq.cfin#anchor272118).
' The Fair Housing Act's protection against disability discrimination covers not only
home seekers with disabilities but also buyers and renters without disabilities who live or
are associated with individuals with disabilities 42 U.S.C. § 3604(f)(1)(B), 42 U.S.C.
§ 3604(f)(1)(C), 42 U.S.C. § 3604(f)(2)(B), 42 U.S.C. § (f)(2)(C). See also H.R. Rep. 100-711 —
24 (reprinted in 1988 U.S.C.A.N. 2173,2184-85) ("The Committee intends these provisions to
prohibit not only.discrimination against the primary purchaser or named lessee, but also to
prohibit denials ofhousing opportunities to applicants because they have children, parents,
friends, spouses, roommates, patients, subtenants or other associates who have disabilities.11.
Accord: Preamble to Proposed HUD Rules Implementing the Fair -Housing Act, 53 Fed. Reg.
45001 (Nov. 7, 1988) (citing House Report).
6 42 U.S.C. § 3604(f)(3)(B). HUD regulations pertaining to reasonable accommodations
may be found at 24 C.F.R. § 100.204.
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May 15 2013 7:56AM HP Fax 9999999999 page 1
make reasonable structural modifications to units and public/common areas in a dwelling when
those modifications may be necessary for a person with a disability to have full enjoyment of a
dwelling.' With certain limited exceptions (see response to question 2 below), the Act applies to
privately and publicly owned housing, including housing subsidized by the federal government or
rented through the use of Section 8 voucher assistance.
2. Who must comply with the Fair Housing Act's reasonable accommodation
requirements?
Any person or entity engaging in prohibited conduct — i.e., refusing to malas reasonable
accommodations in rules, policies, practices, or services, when such accommodations may be
necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling —
may be held liable unless they fall within an exception to the Act's coverage. Courts have
applied the Act to individuals, corporations, associations and others involved in the provision of
housing and residential lending, including property owners, housing managers, homeowners and
condominium associations, lenders, real estate agents, and brokerage services. Courts have also
applied the Act to state and local governments, most often in the context of exclusionary zoning
or other land -use decisions. See e.g., City of Edmonds v. Oxford House, Inc., 514 U.S. 725, 729
(1995); Project Life v. Glendening 139 F. Supp. 703, 710 (D. Md. 2001), i 2002 WL
2012545 (4th Cir. 2002). Under specific exceptions to the Fair Housing Act, the reasonable
accommodation requirements of the Act do not apply to a private individual owner who sells his
own home so long as he (1) does not own more than three single-family homes; (2) does not use
a real estate agent and does not employ any discriminatory advertising or notices; (3) has not
engaged in a similar sale of a home within a 24 -month period; and (4) is not in the business of
selling or renting dwellings. The reasonable accommodation requirements of the Fair Housing
Act also do not apply to owner -occupied buildings that have four or fewer dwelling units.
3. Who qualities as a person with a disability under, the Act?
The Act defines a person with a disability to include (1) individuals with a physical or
mental impairment that substantially limits one or more major life activities; (2) individuals who
ate regarded as having such an impairment; and (3) individuals with a record of such an
impairment.
The term "physical or mental impairment" includes, but is not limited to, such diseases
and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism,
epilepsy, muscular dystrophy, multiple sclerosis; cancer, heart disease, diabetes, Human
Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other
than addiction caused by current, illegal use of a controlled substance) and alcoholism.
This Statement does not address the principles relating to reasonable modifications. For
further information see the HUD regulations at 24 C.F.R. § 100.203. This statement also does
not address the additional requirements imposed on recipients of Federal financial assistance
pursuant to Section 504, as explained in the Introduction.
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The term "substantially limits" suggests that the limitation is "significant" or "to a large
degree."
The term "major life activity" means those activities that are of central importance to
daily life, such as seeing, hearing, walking, breathing, performing manual tasks, caring for one's
self, learning, and speaking.' This list of major life activities is not exhaustive. See e.g., Bragdon
v. Abbott, 524 U.S. 624, 691-92 (1998)(holding that for certain individuals reproduction is a
major life activity).
4. Does the Act protect juvenile offenders, sea offenders, persons who illegally use
controlled substances, and persons with disabilities who pose a significant danger to
others?
No, juvenile offenders and sex offenders, by virtue of that status, are not persons with
disabilities protected by the Act. Similarly, while the Act does protect persons who are
recovering from substance abuse,.it does = protect persons who are currently engaging in the
current illegal use of controlled substances? Additionally, the Act does not protect an individual
with a disability whose tenancy would constitute a "direct threat" to the health or safety of other
individuals or result in substantial physical damage to the property of others unless the threat can
be eliminated or significantly reduced by reasonable accommodation.
5. How can a housing provider determine if an individual poses a direct threat?
The Act does not allow for exclusion of individuals based upon fear, speculation, or
stereotype about a particular disability orpersons with disabilities in general. A determination
that an individual poses a direct threat must rely on an individualized assessment that is based on
reliable objective evidence (e.g., current conduct, or a recent history of overt acts). The
assessment must consider: (1) the nature, duration, and severity of the risk of injury, (2) the
probability that injury will actually occur; and (3) whether there are any reasonable
aceommodation3 that will eliminate the direct threat. Consequently, in evaluating a recant
history of overt acts, a provider must take into account whether the individual has received
intervening treatment or medication that has eliminated the direct threat (i.e., a significant risk of
substantial harm). In such a situation, the provider may request that the individual document
The Supreme Court has questioned but has not yet ruled on whether "working" is to be
considered a major life activity. S,gg Toyota Motor Mfg. Kentucky Inc v Wi�ji�, 122S. Ct.
681; 692, 693 (2002). If it is a major activity, the Court has noted that a claimant would be
required to show an inability to work in a `broad range of jobs" rather than a specific job. See
Sutton v. United Airlines= Inc., 527 U.S. 470,492 (1999).
9 See, e.g., United States v. Southern Management Com., 955 F.2d 914, 919 (4" Cir. 1992)
(discussing exclusion in 42 U.S.C. § 3602(h) for "current, illegal use of or addiction to a
controlled substance").
-4.
May 15 2013 7:56AM HP Fax 9999999999 page 3
how the circumstances have changed so that he no longer poses a direct threat. A provider may
also obtain satisfactory assurances that the individual will not pose a direct threat during the
tenancy. The housing provider must have reliable, objective evidence that a person with a
disability poses.a direct threat before excluding him from housing on that basis.
Example l: A housing provider requires all persons applying to rent an
apartment to complete an application that includes information on the applicant's
current place of residence. On her application to rent an apartment, a woman
notes that she currently resides in Cambridge House. The manager of the
apartment complex knows that Cambridge House is a group home for women
receiving treatment for alcoholism. Based solely on that information and his
personal. belief that alcoholics are likely to cause disturbances and damage
property, the manager rejects the applicant. The rejection is unlawful because it is
based on a generalized stereotype related to a disability rather than an
individualized assessment of any threat to other persons or the property of others
based on reliable, objective evidence about the applicant's recent past conduct.
The housing provider may not treat this applicant differently than other applicants
based on his subjective perceptions of the potential problems posed by her
alcoholism by requiring additional documents, imposing different lease terms, or
requiring a higher security deposit. However, the manager could have checked
this applicant's references to the same extent and in the same manner as he would
have checked any other applicant's references_ If such a reference check revealed
objective evidence showing that this applicant had posed a direct threat to persons
or property in the recent past and the direct threat had not been eliminated, the
manager could then have rejected the applicant based on direct threat.
Example 2: James X, a tenant at the Shady Oaks apartment complex, is
arrested for threatening his neighbor while brandishing a baseball bat. The Shady
Oaks' lease agreement contains a term prohibiting tenants from threatening
violence against other residcnts. Shady Oaks' rental manager investigates the
incident and learns that James X threatened the other resident with physical
violence and had to be physically restrained by other neighbors to keep him from
acting on his threat. Following Shady Oaks' standard practice of strictly enforcing
its "no threats" policy, the Shady Oaks rental manager issues James X a 30 -day
notice to quit, which is the first step in the eviction process. James X's attorney
contacts Shady Oaks' rental manager and explains that James X has a psychiatric
disability that causes him to be physically violent when he strops taking his
prescribed medication. Suggesting that his client will not pose a direct threat to
others if proper safeguards are taken, the attorney requests that the rental manager
grant James X an exception to the "no threats" policy as a reasonable
accommodation based on James X's disability. The Shady Oaks rental manager
need only grant the reasonable accommodation if James X's attomeycan provide
satisfactory assurance that James X will receive appropriate counseling and
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periodic medication monitoring so that he will no longer pose a direct threat
during his tenancy. After consulting with James X, the attorney responds that
James X is unwilling ID receive counseling or submit to any type of periodic
monitoring to ensure that he takes his prescribed medication. The rental manager
may go forward with the eviction proceeding, since Jaynes X continues to pose a
direct threat to the health or safety of other residents.
6. What is a "reasonable accommodation" for purposes of the Act?
A "reasonable accommodation" is a change, exception, or adjustment to a rule, policy,
practice, or service that may be necessary for a person with a disability to have an equal
opportunity to use and enjoy a dwelling, including public and common use spaces. Since rules,
policies, practices, and services may have a different effect on persons with disabilities than on
other persons, treating persons with disabilities exactly the same as others will sometimes deny
them an equal opportunity to use and enjoy a dwelling. The Act makes it unlawful to refuse to
make reasonable accommodations to rules, policies, practices, or services when such
accommodations may be necessary to afford persons with disabilities an equal opportunity to use
and enjoy a dwelling.
To show that a requested accommodation may be necessary, there must be an identifiable
relationship, or nexus, between the requested accommodation and the individual's disability.
Example l: A housing provider has a policy of providing unassigned parking
spaces to residents. A resident with a mobility impairment, who is substantially
limited in her ability to walk, requests an assigned accessible parking space close
to the entrance to her unit as a reasonable accommodation. There are available
parking spaces near the entrance to her unit that are accessible, but those spaces
are available to all residents on a first come, first served basis. The provider must
make an exception to its policy ofnot providing assigned parking spaces to
accommodate this resident.
Example 2: A housing provider has a policy of requiring tenants to. come to the
rental office in person to pay their rent. A tenant has a mental disability that
makes her afraid to leave her unit. Because of her disability, she requests that she
be permitted to have a friend. mail her rent payment to the rental office as a
reasonable accommodation. The provider must make an exception to its payment
Policy to accommodate this tenant.
Example 3: A housing provider has a "no pets" policy. A tenant who is deaf
requests that the provider allow him to keep a dog in his unit as a reasonable
accommodation. The tenant explains that the dog is an assistance animal that will
alert him to several sounds, including knocks at the door, sounding of the smoke
detector, the telephone ringing, and cars corning into the driveway. The housing
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Provider must make an exception to its `no pets" policy to accommodate this
tenant.
7. Are there any instances when a provider can deny a request for a reasonable
accommodation without violating the Act?
Yes. A housing provider can deny a request for a reasonable accommodation if the
request was not made by or on behalf of aperson with a disability or if there is no disability -
related need for the accommodation. In addition, a request for a reasonable accommodation may
be denied if providing the accommodation is not reasonable — i.e., if it would impose an undue
financial and administrative burden on the housing provider or it would fundamentally alter the
nature of the provider's operations. The determination of undue financial and administrative
burden must be made on a case-by-case basis involving various factors, such as the cost of the
requested accommodation, the financial resources of the provider, the benefits that the
accommodation would provide to the requester, and the availability of alternative
acconunodations that would effectively meet the requester's disability -related needs.
When a housing provider refuses a requested accommodation because it is not reasonable,
the provider should discuss with the requester whether there is an alternative accommodation that
would effectively address the requester's disability -related needs without a fundamental alteration
to the provider's operations and without imposing an undue financial and administrative burden.
If an alternative accommodation would effectively meet the requester's disability -related needs
and is reasonable, the provider must grant it. An interactive process in which the housing
provider and the requester discuss the requester's disability -related need for the requested
accommodation and possible alternative accommodations is helpful to all concerned because it
often results in an effective accommodation for the requester that does not pose an undue
financial and administrative burden for the provider.
Example: Asa result of a disability, a tenant is physically unable to open the
dumpster placed in the parking lot by his housing provider for trash collection.
The tenant requests that the housing provider send a maintenance staffperson to
his apartznent on a daily basis to collect his trash and take it to the dumpster.
Because the housing development is a small operation with limited financial
resources and the. maintenance staff are on site only twice per week, it may be an
undue financial and administrative burden for the housing provider to grant the
requested daily trash pick-up service. Accordingly, the requested accommodation
may not be reasonable. If the housing provider denies the requested
accommodation as unreasonable, the housing provider should discuss with the
tenant whether reasonable accommodations could be provided to meet the tenant's
disability -related needs — for instance, placing an open trash collection can in a
location that is readily accessible to the tenant so the tenant can dispose of his
own trash and the provider's maintenance staff can then transfer the trash to the
dumpster when they are on site. Such an accommodation would not involve a
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fundamental alteration of the provider's operations and would involve little
financial and administrative burden for the provider while accommodating the
tenant's disability -related needs.
There may be instances where a provider believes that, while the accommodation
requested by an individual is reasonable, there is an alternative accommodation that would be
equally effective in meeting the individual's disability -related needs. In such a circumstance, the
provider should discuss with the individual if she is willing to accept the alternative
accommodation. However, providers should be aware that persons with disabilities typically
have the most accurate knowledge about the functional limitations posed by their disability, and
an individual is not obligated to accept an alternative accommodation suggested by the provider
if she believes it will not meet her needs and her preferred accommodation is reasonable.
8. What is a "fundamental akeration"?
A "fundamental alteration" is a modification that alters the essential nature of a provider's
operations.
Example: A tenant has a severe mobility impairment that substantially limits his
ability to walk. He asks his housing provider to transport him to the grocery store
and assist him with his grocery shopping as a reasonable accommodation to his
disability. The provider does not provide any transportation or shopping services
for its tenants, so granting this request would require a fundamental alteration in
the nature of the provider's operations. The request can be denied, but the
provider should discuss with the requester whether there is any alternative
accommodation that would effectively meet the requesters disability -related needs
without fundamentally altering the nature of its operations, such as reducing the
tenant's need to walk long distances by altering its parking policy to allow a
volunteer from a local community service organization to park her car close to the
tenant's unit so she can transport the tenant to the groccry stcrc and assist him
with his shopping.
9. What happens if providing a requested accommodation involves some costs on
the part of the housing provider?
Courts have ruled that the Act may require a housing provider to grant a reasonable
accommodation that involves costs, so long as the reasonable accommodation does not pose an
undue financial and administrative burden and the requested accommodation does not constitute
a fundamental alteration of the provider's operations. The financial resources of the provider, the
cost of the reasonable accommodation, the benefits to the requester of the requested
accommodation, and the availability of other, less expensive alternative accommodations that
would effectively meet the applicant or resident's disability -related needs must be considered in
determining whether a requested accommodation poses an undue financial and administrative
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burden.
10. What happens if no agreement can be reached through the interactive process?
A failure to reach an agreement on an accommodation request is in effect a decision by
the provider not to grant the requested accommodation. If the individual who was denied an
accommodation files a Fair Housing Act complaint to challenge that decision, then the agency or
court receiving the complaint will review the evidence in light of applicable law- and decide if
the housing provider violated that law. For more infonnation about the complaint process, see
question 19 below.
11. May a housing provider charge an extra fee or require an additional deposit
from applicants or residents with disabilities as a condition of granting a reasonable
accommodation?
No. Housing providers may not require persons with disabilities to pay extra fees or
deposits as a condition of receiving a reasonable accommodation.
Example 1: Aman who is substantially limited in his ability in walk uses a
motorized scooter for mobility purposes. He applies to live in an assisted living
facility that has a policy prohibiting the use of motorized vehicles in buildings and
elsewhere on the premises. It would be a reasonable accommodation for the
facility to make an exception to this policy to permit the man to use his motorized
scooter on the premises for mobility purposes. Since allowing the man to use his
scooter in the buildings and elsewhere on the premises is a reasonable
accommodation, the facility may not condition his use of the scooter on payment
of a fee or deposit or on a requirement that he obtain liability insurance relating to
the use of the scooter. However, since the Fair Housing Act does not protect any
person with a disability who poses a direct threat to the person or property of
others, the man must operate his cnotorizcd scootcr in a responsible manner that
does not pose a significant risk to the safety of other persons and does not cause
damage to other persons' property. If the individual's use of the scooter causes
damage to his unit or the common areas, the housing provider may charge him for
the cost of repairing the damage (or deduct it from the standard security deposit
imposed on all tenants), if it is the provider's practice to assess tenants for any
damage they cause to the premises.
Example 2: Because of his disability, an applicant with a hearing impairment
needs to keep an assistance animal in his unit as a reasonable accommodation.
The housing provider may not require the applicant to pay a fee or a security
deposit as a condition of allowing the applicant to keep the assistance animal,
However, if a tenant's assistance animal causes damage to the applicant s unit or
the common areas of the dwelling, the housing provider may ebarge the tenant for
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the cost of repairing the damage (or deduct it fiom the standard security deposit
imposed on all tenants), if it is the provider's practice to assess tenants for any
damage they cause to the premises.
12. When and how should an individual request an accomrnodation?
Under the Act, a resident or an applicant for housing makes a reasonable accommodation
request whenever she makes clear to the housing provider that she is requesting an exception,
change, or adjustment to a rule, policy, practice, or service because of her disability. She should
explain what type of accommodation she is requesting and, if the need for the accommodation is
not readily apparent or not known to the provider, explain the relationship between the requested
accommodation and her disability.
An applicant or resident is not entitled to receive a reasonable accommodation unless she
requests one. However, the Fair Housing Act does not require that a request be made in a
Particular manner or at a particular time. A person with a disability need not personally make the
reasonable accommodation request; the request can be made by a family member or someone
else who is acting on her behalf. An individual making a reasonable accommodation request
does not need to mention the Act or use the words "reasonable accommodation." However, the
requester must make the request in a manner that a reasonable person would understand to be a
request for an exception, change, or adjustment to a rule, policy, practice, or service because of a
disability.
Although a reasonable accommodation request can be made orally or in writing, it is
usually helpful for both the resident and the housing provider if the request is made in writing.
This will help prevent misunderstandings regarding what is being requested, or whether the
request was made. To facilitate the processing and consideration of the request, residents or
prospective residents may wish to check with a housing provider in advance to determine if the
provider has a preference regarding the manner in which the request is made. However, housing
providers must give appropriate consideration to reasonable accommodation requests even if the
requester makes the request orally or does not use the provider's preferred forms or procedures
for making such requests.
Example: A tenant in a large apartment building makes an oral request that she
be assigned a mailbox in a location that she can easily access because of a
physical disability that limits her ability to reach and bend. The provider would
prefer that the tenant make the accommodation request on a pre-printed form, but
the tenant fails to complete the form. The provider must consider the reasonable
accommodat ion request even though the tenant would not use the provi der's
designated form.
13. Must a housing provider adopt formal procedures for processing requests for a
reasonable accommodation?
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No. The Act does not require that a housing provider adopt any formal procedures for
reasonable accommodation requests. However, having formal procedures may aid individuals
with disabilities in making requests for reasonable accommodations and may aid housing
providers in assessing those requests so that there are no misunderstandings as to the nature of
the request, and, in the event of later disputes, provide records to show that the requests received
proper consideration.
A provider may not refuse a request, however, because the individual making the request
did not follow any formal procedures that the provider has adopted. If a provider adopts formal
procedures for processing reasonable accommodation requests, the provider should ensure that
the procedures, including any forms used, do not seek information that. is not necessary to
evaluate if a reasonable accommodation may be needed to afford a person with a disability equal
opportunity to use and enj oy a dwelling. See Questions 16 - 18, which discuss the disability -
related information that a provider may and may not request for the purposes of evaluating a
reasonable accommodation request.
14. Is a housing provider obligated to provide a reasonable accommodation to a
resident or applicant if an accommodation has not been requested?
No. A housing provider is only obligated to provide a reasonable accommodation to a
resident or applicant if a request for the accommodation has been made. A provider has notice
that a reasonable accommodation request has been trade if a person, her family member, or
someone acting on her behalf requests a change, exception, or adjustment to a rule, policy,
practice, or service because of a disability, even ifthe words "reasonable accommodation" are
not used as part of the request.
15. What if a housing provider fails to act promptly on a reasonable
accommodation request?
A provider has an obligation to provide prompt responses to reasonable aoaommodation
requests. An undue delay in responding to a reasonable accommodation request may be deemed
to be a failure to provide a reasonable accommodation.
16. What inquiries, if any, may a housing provider make of current or potential
residents regarding the existence of a disability when they have not asked for an
accommodation?
Under the Fair Housing Act, it is usually unlawful for a housing provider to (1) ask if an
applicant for a dwelling has a disability or if a person intending to reside in a dwelling or anyone
associated with an applicant or resident has a disability, or (2) ask about the nature or severity of
such persons' disabilities. Housing providers may, however, make the following inquiries,
provided these inquiries are made of all applicants, including those with and without disabilities:
- 11 -
May 15 2013 8:05AM HP Fax 9999999999 page 10
An inquiry into an applicant's ability to meet the requirements of tenancy;
• An inquiry to determine if an applicant is a current illegal abuser or addict
of a controlled substance;
• An inquiry to determine if an applicant qualifies for a dwelling legally
available only to persons with a disability or to persons with a particular
type of disability; and
• An inquiry to determine if an applicant qualifies for housing that is legally
available on a priority basis to persons with disabilities or to persons with
a particular disability.
Example 1: A housing provider offers accessible units to persons with
disabilities needing the features of these units on a priority basis. The provider
may ask applicants if they have a disability and if, in light of their disability, they
will benefit from the features of the units. However, the provider may not ask
applicants if they have other types ofphysical or mental impairments. If the
applicant's disability and the need for the accessible features are not readily
apparent, the provider may request reliable information/documentation of the
disability -related need for an accessible unit.
Example 2: A housing provider operates housing that is legally limited to
persons with chronic mental illness. The provider may ask applicants for
information needed to determine if they have amental disability that would
qualify them for the housing. However, in this circumstance, the provider may
not ask applicants if they have other types of physical or mental impairments. If it
is not readily apparent that an applicant has a chronic mental disability, the
provider may request reliable information/documentation of the mental disability
needed to qualify for the housing.
In some instances, a provider may also request certain information about an applicant's or
a resident's disability if the applicant or resident requests a reasonable accommodation. See
Questions 17 and 18 below.
17. What kinds of informatlon, if any, may a housing provider request from a
person with an obvious or known disability who is requesting a reasonable
accommodation?
A provider is entitled to obtain information that is necessary to evaluate if a requested
reasonable accommodation maybe necessary because of a disability. If a person's disability is
obvious, or otherwise .known to the provider, and if the need for the requested accommodation is
also readily apparent or known, then the provider maynot request any additional information
-12-
May 15 2013 8:06AM HP Fax 9999999999 page 11
about the requester's disability or the disability -related need for the accommodation.
If the requester's disability is known or readily apparent to the provider, but the need for
the accommodation is not readily apparent or known, the provider may request only information
that is necessary to evaluate the disability -related need for the accommodation.
Example 1: An applicant with an obvious mobility impairment who regularly
uses a walker to move around asks her housing provider to assign her a parking
space near the entrance to the building instead of a space located in another part of
the parking lot. Since the physical disability (i.e., difficulty walking) and the
disability -related need for the requested accommodation are both readily apparent,
the provider may not require the applicant to provide any additional information
about her disability or the need for the requested accommodation.
Example 2: A rental applicant who uses a wheelchair advises a housing provider
that he wishes to keep an assistance dog in his unit even though the provider has a
"no pets" policy. The applicant's disability is readily apparent but the need for an
assistance animal is not obvious to the provider. The housing provider mayask
the applicant to provide information about the disability -related need for the dog.
Example 3: An applicant with an obvious vision impairment requests that the
leasing agent provide assistance to her in filling out the rental application form as
a reasonable accommodation because of her disability. The housing provider may
not require the applicant to document the existence of her vision impairment.
18. If a disability is not obvious, what kinds of information may a housing provider
request from the person with a disability in support of a requested accommodation?
A housing provider may not ordinarily inquire as to the nature and severity of an
individual's disability (see Answer 16, above). However, in response to a request for a
reasonable accommodation, a housing provider may request reliable disability -related
information that (1) is necessary to verify that the person meets the Ad's definition of disability
(i.e., has a physical or mental impairment that substantially limits one or more major life
activities), (2) describes the needed accommodation, and (3) shows the relationship between the
person's, disability and the need for the requested accommodation. Depending on the
individual's circumstances, information verifying that the person meets the Act's definition of
disability can usually be provided by the individual himself or herself (e.g., proof that an
individual under 65 years of age receives Supplemental Security Income or Social Security
Disability Insurance benefits10 or a credible statement by the individual). A doctor or other
10 Persons who meet the definition of disability for purposes of receiving Supplemental
Security Income ("SSP') or Social Security Disability Insurance ("SSDI") benefits in most cases
meet the definition of disability under the Fair Housing Act, although the converse may not be
true.. See e.g., Clevgland v. Policy Management Systems Coro., 526 U.S. 795, 797 (1999)
-13-
May 15 2013 8:08AM HP Fax 9999999999 page 12
medical professional, a peer support group, a non-medicaI service agency, or a reliable third party
who is in a position to know about the individual's disability may also provide verification of a
disability. In most cases, an individual's medical records or detailed information about the nature
of a person's disability is not necessary for this inquiry.
Once a housing provider has established that a person meets the Act's definition of
disability, the provider's request for documentation should seek only the information that is
necessary to evaluate if the reasonable aocommodation is needed because of a disability. Such
information must be kept confidential and must not be shared with other persons unless they
need the information to make or assess a decision to grant or deny a reasonable accommodation
request or unless disclosure is required by law (e.g., a court -issued subpoena requiring
disclosure).
19. If a person believes she has been unlawfully denied a reasonable
accommodation, what should that person do if she wishes to challenge that denial under the
Act?
When a person with.a disability believes that she has been subjected to a discriminatory
housing practice, including a provider's wrongful denial of a request for reasonable
accommodation, she may file a complaint with HUD within one year after the alleged denial or
may file a lawsuit.in federal district court within two years of the alleged denial. If a complaint is
filed with HUD, HUD will investigate the complaint at no cost to the person with a disability.
There are several ways that a person may file a complaint with HUD:
• By placing a toll-free call to 1-800-669-9777 or TTY 1-800-927-9275;
• By completing the "on-line, , complaint form available on the HUD internet site:
httv://www.hud.eov, or
• By mailing a completed complaint form or letter to:
Office of FairHousing and Equal Opportunity
Department of Housing & Urban Development
451 Seventh Street, S.W., Room 5204
Washington, DC 20410-2000
(noting that SSDI provides benefits to a person with a disability so severe that she is unable to do
her previous wodc and cannot engage in any other kind of substantial gainful work whereas a
person pursuing an action for disability discrimination under the Americans with Disabilities Act
may state a claim that "with a reasonable accommodation" she could perform the essential
functions of the job).
SEE
May 15 2013 8:09AM HP Fax 9999999999 Page 13
Upon request, HUD will provide printed materials in alternate formats (large print, audio
tapes, or Braille) and provide oomplainants with assistance in reading and completing forms.
The Civil Rights Division of the Justice Department brings lawsuits in federal courts
across the country to end discriminatory practices and to seek monetary and other relief for
individuals whose rights under the Fair Housing Act have been violated. The Civil Rights
Division initiates lawsuits when it has reason to believe that a person or entity is involved in a
"pattern or practice" of discrimination or when there has been a denial of rights to a group of
persons that raises an issue of general public importance. The Division also participates as
amicus curiae in federal court cases that raise important legal questions involving the application
and/or interpretation of the Act. To alert the Justice Department to matters involving a pattern or
practice of discrimination, matters involving the denial of rights to groups of persons, or lawsuits
raising issues that may be appropriate for amicus participation, contact:
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section — G St.
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
For more information on the types of housing discrimination cases handled by the Civil
Rights Division, please refer to time Housing and Civil Enforcement Section's website at
htty://www.usdoi.acv/cVftusiz g ehome.html
A HUD or Department of Justice decision not to proceed with a Fair Housing Act matter
does not foreclose private plaintiffs from pursuing a private lawsuit. However, litigation can be
an expensive, time-consuming, and uncertain process for all parties. HUD and the Department of
Justice encourage parties to Fair Housing Act disputes to explore all reasonable alternatives to
litigation, including alternative dispute resolution procedures, such as mediation. HUD attempts
to conciliate all Fair Housing Act complaints. In addition, it is the Department of Justice's policy
to offer prospective defendants the opportunity to engage in pre -suit settlement negotiations,
except in the most unusual circumstances.
-15-
May 15 2013 8-10AM HP Fax 9999999999 page 14
Gmail - Reservation Confirmation https:/imaii.pogle.00m/mail?ui=2&ik=f857764df9&view=pt...
8. SELECT Seating*: Included
9. Earlylsturns® Credfl & Elite Qualification Miles: 125%
10. *Not available on Cheat Lakes codeshars flights.
11. "' Classic STRETCH pricing available 9 purchased prior to boarding; Economy STRETCH pricing will appy if purchased onboard.
FLL-DEN: Classic Fare Benefits
1. Advance Seat Assignment*: SELECT Seating
2_ Checked Baggage (2 bags): Included
3. Same Day Standby: included
4. Some Day Confirmed Alternate Flight: $25
5. Itinerary Change Fee prior to day of travel: $0 + fare difference
6. Name Change Fee: $50 + fare difference
7. STRETCH Seating—: From $5/9egment
8. SELECT Seating*. Included
9. EaryRelunha® Credit & Elite Qualification Miles: 125%
10. " Not available on Great takes codeshare flights.
11. — Classic STRETCH pricing available if purchased prior to boarding;
GRAND TOTAL
Charged to American Express ».. 100J
Delivery Information
Delivery Opion: E -Ticket
Important information
Economy STRETCH pricing will apply if purchased onboard.
Be dire to review where included in your Fare Type before arriving at the airport. CLICK HERE for fare attributes.
To assist with your travel planning:
TOTAL: 297.80 USD
We allow each passenger, free of charge, one cavy -on bag (up to 9.5" height x 15.5" width x 24" length and 35 pounds) and one
personal item. Visit our carry -on baggage page for details.
lot and 2nd checked baggage fees vary based on the Fare Option purchased. See the fees and benefits of your fare listed above.
For all Fare Options, for travel through July 10, 2013, there is a $50 The for each bag beyond the first two checked bags. For tickets
phased on. cr after February 17, 2013, for travel on or atter July 11, 2013, the fee is $75 for each bag beyond the first two
chocked bags. Any bag that exceeds 62 linear inches (up to a maximum of 110 linear inches) will incur a $75 oversize fee. Any bag
that exommids 56 pounds (up to a maximum of 100 pounds) will Inver a $75 overweight fee. .
Ascend and Summit Eadyfttums® members receive two complimentary checked bags on all Fare Options. Active duty mikery
members with ID (not including family members or traveling companions) will not be assessed bag fees. Media personnel with ID
may check bags and equipment for $25 each.
• Itineraries may be cancelled without fare penaflies for reservations booked within the past 24 hours.
• Basic, Econorny, and Classic tickets must be cancelled or changed prior to the scheduled departure time to retain ticket value.
• Frontier recommends that you arrive at the airport at least two hours prior to your scheduled departure time.
• Passengers are required to have their boarding pass in hand 30 minutes prior to departure for dornestic flights and 60 minutes for
international flights in order to allow sufficient time to dear airport security; otherwise, they may need to be accommodated on
another Frontier Airlines flight.
• Passengers must be at the designated gate 10 minutes prior to departure or they may need to be accommodated on another
Frontier Airlines flight.
• Tickets are non4analerrable.
• Tickets are non-refundable unless otherwise specified.
• Itinerary changes may result in a change fee of up to a $100 and any applicable fare dilferencce. Change fees vary by Faro Option
purchased. See the fees of your fare listed above.
• To file a compliment or complaint, visit www.FlyFrontier.comlCustomerRelations or mail to: Attn: Customer Relations, Frontier
Center One, 7001 Tower Road, Denver, CO 80249
Save time at the airport; check in online within 24 hours of your departure.
dof7
5/15/13 7:46 AM
May 15 2013 8:12AM HP Fax 9999999999 page 15
Gmail - Reservation Confirmation
https://mail.google.com/mail/?ui=2&ik=f857764df 9&view--%...
Want more legroom? VVe have it! STRETCH seating is now available on all Airbus and E190 aircraft. Learn More.
Book with confidence: We guarantee that you'll find Frontier's test value at FlyFrontler.com with our Best Fare Guarantee.
Rental Cars: Choose from Avis or Budget, all from one easy search! Rent a Car. Book Now.
Frontier MasterCard: Appy for the Frontier MasterCard® today and earn up to 20,000 miles) Terms and conditions apply. Learn More.
Frontier Airlines www.FlyFrontier.com
lapel abuse syndrome <Iegalsbuse®pmail_c om> Fri, May 3, 2013 at 7:12 AM
To: Jason Hut%r <jdhu8erelvaalc.comz,
Fero is the plane ticket for me to go to FL 1 am feeling two ways - I will have to get to Denver but Chris can drive me If you can't
louorod %A hid"
Dr. Karin Huffer
Associate Professor King's Univ.
Counseling and Forensic Psychology
NV lie Marriage Family Therapist
AWN* II and Title III Specialist
wvwv. equalaccesU dwocates.com
702-528-9588
NOW AVAILABLE -
If you have a ddsawity, don't go to court without Unlocking rustic+e - your guide for protection under the Arnericans with
Disabilities Act Amendments Act (ADAAA) at www.equslsccessadvocates.com
legal abuse syndrome <legalabusefgmail.com> Fri, May 3. 2013 at 1:39 PM
To: Frontier Airlines <no-repyQflyfrcntW.com>
Okay. 13841 you booked me for a week That should be good. I will start to get ready.
I could use a cart If you cant find a wheelchair. Cans are often rented for a period of time. I need one anyway if I could get one that
comes apart easily to transport. We will work something out. Kavon should have one he could loan you for a day or so -
You have this tendency to pick me up and make me go places that I don't think I can.
I lore you. Arodous to see you.
Mom
IQL=Wd UM hW"
Dr. Karin Huffer
Associate Professor King's Univ.
Counseling and Forensic Psychology
NV lie Marriage Family Therapist
ADA Title II and Title III Specialist
www.equWaccessadvocates.com
702-528-9588
NOW AVAILABLE -
if you have o disability, don't go to cart without UnkckhV Justice - your guide for protection under the Americans with
Disabilities Act Amendments Act (ADAAA) at www.egmiaccemdwocates.com
posenhssien;Net-eorn cPo*tmasterQgeLcorn>
To: legalabuse®gmal.com Fri, May 3, 2013 at 1:39 PM
3of7
5/15/13 7:46 A l
May 15 2013 8:13AM HP Fax 9999999999 page 16
Gmail - Reservation Confirmation
Delivery has failed to these recipients or distribution lists:
https:Hmail.google.oom/maiU?i i=2&ik=f857764df9&vicw-pt...
Frontier Airlines
The recipient's e-mail address was not found in the redpienrs e-mail system. Microsoft 6cdhange will riot try to redeliver this message for
you. Please check the e-mail address and try resending this message, or provide the following diagnostic text to your System administrator.
Sets by Mmusaft Esdww Server 2007
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Date: Fri, .3 May 2013 13:39:51 -0600
Nesmage-ID:<CA+glwLNP-utr.AcyOOpt3NcYW4UWbpWg2rSrFbvb9GurQRP_CfA@aail.gmail.com>
Subject: Re: Reservation Confirmation
From: legal abuse Syndrome <legalabuse@gnail.com>
To: Frontier Airlines <no-reply@flyfrontier.com>
Content=Type: multipart/alternatives boundary-"OB9e0115f3fOb907f3O4dbdSB347'
i-AnalysisOut: [v-2.0 c%-FcWANuC6 c-1 sa-1 a-WghuxUhq_wAs10 a-BLceENWCHow]
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I-AnalysisOut: (e4AAAA:B a-TiA0BJ4G7AAAA:B a-NywAEBD01bV4XUwsl1.kA:9 a-wFNLv] .
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I-AnalysisDut: [wqA:10 a-L8tEerARsfsAs1O a-JmeukfFBuYkA:10 a-gaBV6Iivb14h:]
I-AnalysisOut:.[10 a-pglb_Zk7wLQjRt40s21 a-bIsfvI531U1Fnf49:21 a-1dcATk6Vi]
I-AnslysisOut: [pvOsdWvw7wAs9 a-tXmn1iMV7b4A:10 a-66VoOjxJAuEA:10 a-4fC7ws]
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4 of 7 5/15/13 7:46 AM
May 15 2013 8:14AM HP Fax 9999999999 page 17
Gmail - Reservation Confirmation https://mail.googic.com/mail/?ui=2&ik--057764df9&view=pt...
Action: faded
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X -Display -Name: FrontierAidines
---- Forwarded message ----
From: "I abuse syndrome <legalabuseQgmail.com>
To: Frontier Airlines <no-replyQllyfrontier.com>
Cc:
Date: Fri, 3 May 2013 13:39:51 -0600
Subject: Re: Reservation Confirmation
Okay. I we you booked me for a week That should be good. I will start to get ready.
I could use a cart if you cant find a wheelchair. Carts are oRen rented for a period of tune. I need one anyway if I could get one that
comes apart easily to transport. We will work something out. Kavon should have one he could loan you for a day or so.
You have this tendency to pick me up and make me go places that I don't think I can.
I love you. Anxious to see you.
Mom
On Thu, May 2, 2013 at 6:45 PM, Frontier Airlines <no-reply@llyfrontiecoom> wrote:
Frontier Airlines Inc,
70D1 Tower Road
Denver, CO 80249-7312
Thank you for choosing FIyFrontieccom for your travel pians. Please read these importarht details carefully regarding your purchase
and itinerary:
Booking Confirmation
Reservation Code: KGCGXC
Issue Date: Thu, 02 May 2013
Homo phone:
Passengers
Main contact: Dr Karin Huffer
E -matt: jordan(§motagroup.com
954-6467447
Dr Karin Huffer Flight DEN -FILL, FILL -DEN
Special Request Meet And AS81SVWheelchalr For Ramp
Ticket Number 4222175174798
Seat 25C,25C
Air Itinerary Details
Flights
Dower CO (DEN)6 US Fort LauderdaWHollywood FL (FLL), US F9 382 Fare Type: Classic
Tue, 14 May 2013, 03:45 PM Tue. 14 May 2013, 08:35 PM Frontier 0
Airbus 320. Airlines Inc
Fort LaUdordakr/NoNywood FL (FLL), US Denver CO (DEN). US
Mon, 20 May 2013, 08:45 AM Mon, 20 May 2013, 11:05 AM
Airbus 320.
Fare Breakdown
Passenger Type Base Fan Taxes
F9 835 Fare Type: Classic
Frontier 0
Airlines Inc
Total Fare Number of Total Fan
5 of 7
5/15/13 7:46 AM
May 15 2013 8:15AM HP Fax 9999999999
Gmail - Reservation Confirmation
per person
Adult 256.74 USD
DEN -FILL: Cheek Fare Benefits
page 18
https://mail.google.com/mailt?ui=2&lk=f857764df9&view=pt...
Por person par person Passengers
41.06 USD 297.80 USD x 1
297.80 USD
1. Advance Seat Assignment': SELECT Seating
2. Checked Baggage (2 bags): included
3. Same Day Standby: Included
4. Same Day Confirmed Alternate Flight $25
5. Itinerary Change Fee prior to day of travel: $0 + fare difference
6. Name Change Fee: $50 + fare difference
7. STRETCH Seating": From $51segment
8. SELECT Seating*: Included
9. EarlyRetums® Credit & Elite Qualification Miles: 125%
10. ' Not available on Great Lakes codeshere flights.
11. " Classic STRETCH pricing available if purchased prior to boarding; Economy STRETCH pricing will apply If purchased onboard.
FLL-DEN: Classic Fare Benefits
1. Advance Seat Assignment': SELECT Seating
2. Chocked Baggage (2 bags): Included
3. Same Day Standby: Included
4. Same Day Confirmed Alternate Flight: $25
& Itiherary Change Fee prior to day of travel: $0 + fare dWerence
6. Name Change Fee: $50 + fare difference
7. STRETCH Seating—: From $51segment
S. SELECT Seating*: Included
9. EartyRstuna® Credit & Elite Qualification Miles: 1259E
10. ' Not available on Great Lakes codeshare flights.
It. " Classic STRETCH pricing available if purchased prior to boarding; Economy STRETCH pricing will apply if purchased onboard.
GRAND TOTAL
Charged to American Express :...1003 TOTAL: 197.80 USD
Delivery Information
Delivery Option: E -Ticket
Important information
Be sure to review what's included in your Fare Type before arriving at the airport. CLICK HERE for fare attributes.
To assist with your travel planning:
We allow each passenger, free of charge, one carty-on bag (up to 9.5" height x 15.5" width x 24' length and 35 pounds) and one
personal item. Visit our carry -on baggage page for details.
1st and 2nd Checked baggage fees very based on the Fare Option purchased. See the fees and bends of your fere listed
above. For all Fare Options, for travel through July 10. 2013. there is a 550 fee for each bag beyond the first two checked bags.
For tickets purchased on or after February 17. 2013. for travel on or after July 11, 2013, the fee is $75 for each bag beyond the
first two checked bags. Any bag that exceeds 62 linear inches (up to a maximum of 110 linear inches) will incur a $75 oversize
fee. Any bag that exceeds 50 pounds (up to a maximum of 100 pounds) will incur a $75 overweight fee.
Ascent and Summit EadyRetums® members receive two complimentary decked bags on all Fare Options. Active duty rnifilary
members with ID (not including family members ortravefing companions) will not be assessed bag fees. Media personnel with ID
may check bags and equipment for $25 each.
• Itineraries may be cancelled without fore penalties for reservations booked within the past 24 hours.
• Basic, Economy, and Classic tickets must be cancelled or changed prior to the scheduled departure time to retain ticket value.
• Frontier recommends that you arrive at the airport at least two hours prior to your scheduled departure lime.
• Passengers are required to have their boarding pass In hand 30 minutes prior to departure for domestic flights and 60 minutes for
international flights in order to allow sufficient time to dear airport security; otherwise, they may need to be accommodated on
another Frontier Airlines flight.
6 of 7 5/15/13 7:46 AM
May 15 2013 8:16AM HP Fax 9999999999 page 19
Gmail - Reservation Confirmation
bttpsJ/mail. google.cmn/mail/?ui=2&ik=fBS7764df'9&viewapt...
• Passergers must be at the designated gate 10 minutes prior to departure or they may need to be accommodated on another
Frontier Aid ines flight.
• Tickets are non-transferrable.
• Tickets are non-refundable unless otherwise specified.
• Itinerary changes may result in a change fee of up to a $100 and any applicable fare difference. Change fees very by Fare Option
purchased. See the fees of your fare listed above.
• to file a compllmerri or complaint, visit www.FlyFrontier.com/CustomerRelations or mall to: Attn: Customer Relatbrts, Frontier
Center One. 7001 Tower Road, Denver, CO 80249
Save tlrrw at the airport: check in online within 24 hours of your departure.
Want more legroom? We have III STRETCH seating Is now available on all Airbus and El 90 aircraft. Loam More.
Book with confidence: We guarantee that yowl find Frontier's best value of FlyFivintier corn with our Best Fare Guarantee.
Rental Cars: Choose from Avis or Budget, all from ons easy search Rent a Car. Book Now.
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Dr. Karin Huffer
Associate Professor King's Univ..
Counseling and Forensic Psychology
NV lic Marriage Family Therapist
ADA Title II and Title III Specialist
www.equslecoe ssadvocates. com
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7 of 7 5/15/13 7:46 AM
May 15 2013 8:18AM HP Fax 9999999999 page 20
Confidential FAX Coversheet
Date: 5-15-13
To: TOWN OF HIGHLAND BEACH (Attention Valerie - FAX 561-265-3582)
BOARD OF ADJUSTMENT & APPEALS
561-265-3582
FAX NUMBER
From:. Dr. KARIN HUFFER
khufferQLVAA11c.com
702-528-9588
FAX 561-623-6257
RE: Declaration of disability for today's hearing
Pages: 16
Note if misdelivered.
In the event this material is delivered to the wrong address, please respect the confidentiality by returning it
to the sender and destroying any residual data
Town of Highland Beach
3616 South Ocean Blvd.
Highland Beach, FL 3348
i
Re: Request for side yard setback variance n
ce at 4210 S. Ocean Blvd., unit #3
Highland Beach, FL 33487
To Whom it MayConcern:
ri narne is � and 1 reside at
t /1 i am a neighbor of Jordan
Huffer, the property owner making the above referenced request. l have
reviewed the plans for the proposed addition and i support project. E fee! that
under Mr. Huffer's special circumstances., his request for this variance should be
granted.
Sincerely.,
f
Town of Highland Beach
3616 South Ocean Blvd.
Highland Beach, FL 33487
Re: Request for side yard setback variance at 4210 S. Ocean Blvd., Unit #3
Highland Beach, FL 33487
To Whom It May Concern:
My name is 111i-i(?mt H.E�rekjA ri 5 and I reside at
L--up.I am a neighbor of Jordan
Huffer, the property owner making the above referenced request. I have
reviewed the plans for the proposed addition and I support project. I feel that
under Mr. Huffer's special circumstances, his request for this variance should be
granted.
Sincerely,
Town of Highland Beach
3616 South Ocean Blvd.
Highland Beach, FL 33487
Re: Request for side yard setback variance at 4210 S. Ocean Blvd., Unit #3
Highland Beach, FL 33487
To Whom It May Concern:
My name is L c=/l-
J
and I reside at
ai D S'.,�few 8 ,4 /�m a neighbor of Jordan
Huffer, the property owner making the above referenced request. I have
reviewed the plans for the proposed addition and I support project. I feel that
under Mr. Huffer's special circumstances, his request for this variance should be
granted.
Comments of Joseph Frost, Owner
4210 South Ocean Blvd, Unit 2
Board of Adjustment Hearing
May 15, 2013
I own Unit 2 of the building where the applicant wishes to modify and encroach
into our side yard and setback. I am here today to strongly oppose the requested
variance and in fact oppose any modification to our building for the following
reasons:
I have read our town ordinances pertaining to variances and I have also read the
applicant's responses to the four required stipulations for approval of such a
request.
I offer the following for your consideration:
With respect to requirement 4A — Special Conditions — there are no special
conditions associated with this property, merely typical easements and setbacks
that apply to all buildings in the town for the purposes of protecting residents and
neighbors, future maintenance and access and green space for the enjoyment of
all.
With respect to requirement 4B — Circumstances not tied to actions of the
applicant - While not tied directly to actions of the applicant, the applicant agreed
to the conditions set forth in both town ordinance and our condominium
declarations when he purchased the property. He is now being asked to honor
the stipulations of purchase.
With respect to requirement 4C — Special Privilege — The applicant is requesting
to build across property, which he does not solely own and into an easement that
is there for the reasons indicated in the response to item 4A. While I understand
and applaud the applicant's desire to take care of his mother, the end in this case
does not justify the means. This is a condominium with multiple owners not a
single-family home. We have a small amount of green space and an already
restricted side yard access, further diminution of that area is unacceptable.
Further, granting a variance to extend this request into the setback would clearly
constitute a special privilege to the applicant and a penalty to the other owners
and our neighbors.
The test for this requirement is that existing conditions must not deprive the
applicant of rights "commonly enjoyed by others". This is not a common request
nor does an extreme and extenuating circumstance exist here. This variance
request and ultimately the permit itself rest on implications of financial hardship to
the applicant. There are numerous other remedies available to the applicant to
address his family's needs without impacting our side yard or infringing on the
side set back. As an example, I purchased a unit down on Bel Air Rd specifically
to address this issue for my aging parents.
In closing, I will share with you that this variance request and the development
action in general is prohibited by our condominium declarations.
• As we each own fee simple an undivided interest in the Common Areas;
and
• That no owner shall make any alterations in Common Elements or
interfere with any easement; and
• That "Common Elements shall remain undivided and no owner shall bring
any action to partition"
While these controls lie in the civil arena, they are at least in part why I
purchased at 4210 and any action by the Town contrary to these stipulations will
send the wrong message to the applicant and potentially other residents.
Also, for the record, I hold a copy of an email sent to me last night from Mr. Alan
Teller, Owner of Unit 1 of our building which states the he "objects to the request
for the variance". This email would appear to make it unanimous across the most
effected parties, the owners of 4210 and our neighbors at 4206, that no one is in
favor of this variance request.
Thank you for the opportunity to speak.