Adjustment Hearing Case Files_3715 S. Ocean Blvd._20131106_Petition No. 30270 TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT AND APPEALS
DECISION ON PETITION FOR VARIANCE
Petition No. 30270 Public Hearing Date: November 6, 2013
Town Code Chanter 30-64, Table 30-2
Petitioner David and Megan Willens
Property Address 3715 S. Ocean Blvd., 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 [X ];
denied ] • granted subject to the following conditions and safeguards M elevator s h a f t
not o'be constructed above he four feet already granted.
In reaching its decision and order, the Board has found/has not found in the case of the
above numbered Petition that:
1. Special conditions and circumstances exist which are peculiar to the land, structure
or building involved, and which are not applicable to other lands, structures or buildings
in the same district.
2. The special conditions and circumstances do not result from the action of the
applicant.
3. Granting the variance requested will not confer on the applicant any special privilege
that is denied by the ordinance to other lands, structures or buildings in the same district.
4. Literal interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same district under the terms of the
ordinance, and would work unnecessary and undue hardship on the applicant.
5. The reasons set forth in the applicant's petition justify the granting of the variance,
and the variance granted is the minimum reasonable variance that will make possible the
reasonable use of land, structure or building.
6. Granting of the variance will be in harmony with the general purpose and intent of the
ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the
public welfare.
Chapter 30, Zoning Code /Article III; Sec. 30- 40(h): A variance, when implemented in
accordance with the approval granted by the Board of Adjustment and Appeals, shall run
with the land in perpetuity. Unless a lesser time is approved by the Board of Adjustment
and Appeals, a variance that is not implemented shall expire eighteen (18) months
following approval. Extensions of variance approvals shall not be granted by the Board
of Adjustment and Appeals.
Town of Highland Beach
Board of Adjustment and Appeals Pate 2
Decision on Petition for Variance na "Insert address" – "Insert petition description"
SIGNATURES WRITE "FOR" O "AGAINST" 14TMON
Ruth Samuels Vice Chair r o p—
Axelrod, Member��
Barry Donaldson, Member -►
Bryan Perilman, Member
Evelyn Weiss, Member
Peter Rodis, Member
6/V 1 �11L -
VACANCY, Member
Attest: Date: J J
cc: Bull ' 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.
Transmit To: Valerie Oakes, Deputy Town Clerk Date: October 4, 2013
Application No: #3027 Applicant/ Owner: David and Megan Willens
Property Address: 371 South Ocean Boulevard Highland Beach FL 33487
Submit Application: Board of Adjustment and Appeals
Application Type: Petition for Variance, proposed construction of a three story single-family
residence, in RML (Residential Multi - family Low Density) Zoning District
ISOM 1 1V
REVIEW GIVEN TO SUB7ECT PROPERTY
Description of Application:
Applicant is requesting relief from Highland Beach zoning ordinance Section 30 -64, Table 30-2, that
requires single family dwellings be constructed to a maximum building height not exceed 35 vertical
feet (mean roof height) from finished floor elevation The proposed building height design as shown
on submitted sheet EV -1 does not comply with the Highland Beach Ordinance 30- 68(u)(4)(b) &(c)(3)
E BUILDING OFFICIAL HAS REVIEWED THE ABOVE MATTER DATED October 4, 2013 AND
REBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN:
❑ Plans meet Town of Highland Beach Zoning and other governmental agencies requirements.
❑ Plans meet Town of Highland Beach Zoning requirements; however, approvals are pending with other
overnmental agencies.
Plans do not meet Town of Highland Beach Zoning requirements.
Recommendation:
The Building Department recommends approving construction of the SFR per submitted site plans
and elevations, provided the roof stair enclosure (architectural feature) remains at four feet in height
above the flat roof per zoning property development regulations
t SE TA WH TEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, i.e.,
1! D E G, TRANSMIT TO QUASI- JUDICIAL BOARD, ETC.
Michael Des rcy, B it ing Official
CLERK'S OFFICE USE ONLY; Date Received: - o/ 7�
O te of Hearing /Regtttar Meeting _ /Q,. ;)d/-3
�nsmit To: Valerie Oakes, Deputy Town Clerk Date: June 24, 2013
Application No: #29972 Applicant /Owner: David A. Willens and Megan A. Willens, Applicants
Property Address: 3715 South Ocean Boulevard, Highland Beach, Florida 33487
Submit Application:
Description of Application: Site Plan Review, Construction of New Single Family Home RML-
Zoning District
❑ Preliminary Review
❑ Final Review:
❑ Amended Site Plan Review
❑ Other:
THE BUILDING OFFICIAL HAS REVIEWED THE ABOVE MATTER DATED, JUNE 24, 2013, AND HEREBY
CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN:
Plans meet Town of Highland Beach Zoning and other governmental agencies requirements.
Plans meet Town of Highland Beach Zoning requirements; however, approvals are pending with other
govemmental agencies.
❑ Plans do not meet Town of Highland Beach Zoning requirements.
RECOMMENDATION: Applicants have submitted a site plan for review, to construct a three story
single family residence. The total floor area to be approximately 14,734 square feet, with
approximately 11,248 square feet under A/C The Town of Highland Beach Building Department has
reviewed the site plan and building elevations submitted by the applicants, David A and Megan A
Willens, and found that the proposed site plan, does comply with the setback requirements of the
Town of Highland Beach Zoning Ordinances Chapter 30 -64, Table 30 -2 The building height design as
shown on sheets A -5, A -6 does not comply with the Highland Beach Ordinance 30- 68(uu)(4)(b)
&(c)(3). The Building Department recommends approving construction of the SFR per submitted site
plans and elevations, provided the roof stair enclosure (architectural feature) is reduced to four feet
in heiaht above the flat roof per zoning regulations
PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, i.e.,
SCHEDULE HEARING, TRANSMIT TO QUASI - JUDICIAL BOARD, ETC.
Michael Desorcy, Building Official
4
RK'S OFFICE USE ONLY: w Date Received:
FILE a
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F -RMIT
P A 9 it 9.7 0 an
M DO OF HIGHLAND BE C ,
ADJUSTMENT & A PE : �,
LS SE P''9 _ 2013
ARIA PETITION
�
V NCE PE ON i CH
Petition # 1 Fees Paid/Receipt No. # BUILDIN TNrENT
Date Set for Public Hearing:
Note: Ordinance No. 442 Fees: Variance and/or Appeal to Board of Adjustment & Appeals $500.00.
Name: D - A N IV J ' LA,6145 Phone 96 t 966 275 V
Mailing Address:
2-%2 � R'N t.0 F o C& 'Af
Email Address: 6 5
Name: Phone: Fax:
Mailing Address:
Email Address:
• The owner /authorized agent requests that a determination be made by the Board of Adjustment & Appeals of the
Town of Highland Beach for the following variance under section 3a `F O
of Chapter 30 of the Code of Ordinances of the Town of Highland Beach. The description of the subject property is
as follows:
Address: •i CC
� A tJ &L V P. Subdivision:
PCN: � 1- D 0- 20 Lot Size: (s o A cGR�
Zoning District: 1Z M Present Use: * j
1. Present Structures (type):
.5r a& K fnA -rya I_ Y —ta &A - 19k97
2. The proposed use will be:
S,r Ai & E fA-�ul �-�/ t6f%AE - 1.1 e-V%j
3. If this petition is granted, the effect will be to (brief description - i.e. to reduce side yard from 7' to 2'):
1 1AC - 91-V*S is We 1 fink T of A P of PAS NfCT WAL"(, f
• 4. For a variance to be favorably considered, the Board must find that the following four requirements h*1e -r. F' f;FdT
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
r
involved and which are not applicable to other lands, structures or buildings in the same district; •
Ss&t''rBCT P is wcA-Tefl otJ E' S fl t~ INF 1K iht��
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sc P e6t4 Tom£ 9T4k- I R S its. , A4DI A4
(b) That the special conditions and circumstances do not result from the actions of thp
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(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;
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(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.
PAI yAcY a A I NS Ct,'W'-E of 3d- S-rn?Z Y % LI b o-c i M , WJEL
hrr—keSS M N A141> fLE"Wk%Ii% 0 --ir</ Di 'To (f
DvIJE i �Pt,�t �P� s`u�$ Co R%SFs vFRY }'��PIoM -AtA)
5. Has any previous app cation appeal n iles within the last year in connection with these premises?
(YES) (NO) If so, briefly state the nature of the application or appeal.
<1&7 - � (Initial) The names and addresses of each property owner located within three hundred (300) feet of
the affected property, excluding property owned by the applicant has been pr ided. (Notification distances
shall be measured on an arc from the corners of the property.) (YES) been
tial) I, the petitioner, acknowledge that there will be additional expenses incurred for the certified
mailing of the public notices and the cost to publish th legal advertisement, which is separate from the Board of
Adjustment & Appeals application fee. (YES) NO)
2IPVage
�tial)1, the petitioner, has read the Town of Highland each Code of Ordinances, Section 30 -40:
• Variances & Interpretations for code requirements. (YES) V (NO)
I give permission to the members of the Board of Adjustment & Appeals and staff to inspect the property
for the purpose of this application. I declare that all statements made herein are true, based upon the best
available information, and I understand that willful false statements and the like are misdemeanors of the
second degree under Section 837.06, Florida Statutes. Such willful false statements may jeopardize the
validity of my application or any decision issued thereon. I have fully read the information outlining the
Board procedures and application requirements. With this application, I am submitting the necessary '
supporting materials listed.
** *Owner must su ent notarized letter attesting to same. * **
Property Owner's Signature: Date: Q— �✓� / 3
Authorized Agent Signature: Date:
Condo Assoc. Rep. Signature: Date:
'rt.Q AL 1 �
STATE OF !�
COUNTY OF
• On this � day of I re personally ap bk %> S
to me
known to be the person who executed the foregoing instruments, and acknowledged that he executed the same as his
free act and deed.
LLOYD R. BISNAM JIL
NOTARY PUBLIC
STATE OF FLORIDA
(SEAL) Comm# EE014M
*I Expires 8/4/2014 Notary Public Signature �a
Received by the To Clerk's Office:
Received By: Date: el
Date Public Notices Mailed: 1�ll11s 0�/3
Date Legal Advertisement Published: • _ ? O _ . ° cM /3
3IPage
Page t oft
Rosalie DeMartino
From: Leonard Rubin [LGRubin @bellsouth.net]
Sent: Tuesday, October 15, 2013 4:55 PM
To: Beverly Brown
Cc: Rosalie DeMartino
Subject: Board of Adjustment and Appeals
Beverly:
With regard to a variance application for property located at 3715, you asked whether three Board members who
are residents of the Toscana Condominium would have a conflict that would preclude them from voting on the
item. The property is located directly across of the Toscana Condominium and one of the stated reasons for the
variance request is to provide additional privacy from the condominiums across the street
The County Ethics Code (which is more stria than the State Ethics Code), prohibits public o is from using
their position to give themselves a special financial benefit (or save themselves from a financial detriment) not
shared with similarly situated members of the public. In evaluating such conflicts, the Commission kooks at the
number of persons affected by the decision and whether the gain or loss is remote or speculative.
In this case, only two Board members (Mr. Donaldson and Ms. Samuels) reside in the Toscana North
Condominium, which is directly across from the property. The third member, Mr. Perlman, resides in the Toscana
South Condominium, which is to the south of the property.
The applicant is seeking a variance to rise a parapet wall from four feet to eight feet, thereby increasing the
maximum height of structure, including architectural features, to 43 feet.
While it may, at first glance, appear that the residents of the Toscana North Condominium would have a conflict
due to the proximity of their property, there are (according to the property appraiser) approximately 145 units
within the condorninium. Therefore, each Board member who resides in the Toscana North Condominium,
represents less than 1 % of the persons potentially affected by the variance application (even less if you include
the other properties within the vicinity and the residents of the Toscana West and the Toscana South buildings).
Both the State and County Ethics Commission generally use a 1 % rule to determine whether the benefit or
detriment is 'special.' Furthermore, Mr. Donaldson resides on the 16 floor, while Ms. Samuels resides on the
15 floor. As such, there is a question of whether they are actually affected by the vote when the variance
requested would have no impact on their view. Even if their units actually face the property, any financial loss or
gain to either Board member resulting from a four feet increase in a parapet wall placed on a single-family home
located well over ten stories below their units and across the street would be remote or speculative. It is doubtful
that the Board members would be able to even discern a four foot increase in a parapet wall if viewed from their
particular units.
Based on the foregoing, I do not believe that three Board members residing within Toscana have a conflict of
interest that would prevent them from participating in discussion of and voting on the item. However, I do have
two additional concerns:
1. Any of the three Board members may decline to participate in and vote on the matter due to a perceived
conflict of interest
2. You indicated that only four Board members are hearing the application. The Code requires a variance
receive four affirmative votes. Therefore, the property owner will need a unanimous decision in order to
obtain the variance. If possible, I would give the property owner the option of rescheduling to another
date where a full Board (or at the very least more than 4 members) would be present
Please let me know if you have any additional questions.
Len
Leonard G. Rubin, Esquire
Board Certified City County and Local
10/16/2013
Page 1 of 1
Location Address 3715 S OCEAN BLVD
Municipality HIGHLAND BEACH
Parcel Control Number 24 43- 47- 04 -00- 001 -0200
Subdivision
Official Records Book 24303 Page 1792
Sale Date JAN -2011
Legal Description 4- 47 -43, S 120 FT OF N 550 FT OF GOV LT 1 LYG E OF SR A -1 -A A /K /A PT
OF CITY LTS 67 & 68
Owners Mailing address
WILLENS DAVID A & 3715 S OCEAN BLVD
WILLENS MEGAN A BOCA RATON FL 33487 3303
Sales Date Price OR Book /Page Sale Type Owner
JAN -2011 $125,000 24303 /1792 WARRANTY DEED WILLENS DAVID A &
SEP -1999 $593,800 11346/ 1877 WARRANTY DEED BAILYN RICHARD S
Exemption Applicant /Owner Year Detail
WILLENS DAVID A& 2013
Number of Units 1 *Total Square Feet 4227 Acres 0.5680
• Use Code 0100 - SINGLE FAMILY Zoning -
Tax Year 2013 P 2012 2011
Improvement Value $290,558 $210,334 S0
Land Value $2,970,300 $2,700,300 $2,753
Total Market Value $3,260,858 $2,910,634 $2,753
P All values are as of January 1st each
Preliminary ry year
y
Tax Year 2013 P 2012 2011
Assessed Value $2,137,268 $2,101,542 $2,753
Exemption Amount $50,000 $50,000 $0
Taxable Value $2,087,268 $2,051,542 $2,753
Tax Year 2013 P 2012 2011
Ad Valorem $41,110 $41,125 $55
Non Ad Valorem $175 $174 $0
Total tax $41,285 $41,299 $55
•
bttn_// www. nbegov. com/ nana/ AsDs/ Prot)ertvDetail /Prot)ertvDetail.asDx ?Darcel= 244347040... 10/7/2013
TABLE 30 -2
Property Development Regulations
ONING Residential Residential Multiple- Multiple- Multiple- Government
DISTRICT Estate (RE) Single - Family Family —Low Family— Family —High Service
(RS) Density (RML) Medium Density (RMH) District (GSD)
Density (RMM)
Maximum 1.45 units /acre 4.35 units /acre 6.0 units /acre 12 units /acre 16 units /acre N/A
De nsity
Minimum Lot TBD
Area
SFD 30,000 sq. ft. 10,000 sq. ft. 8,000 sq. ft. 8,000 sq. ft. 8,000 sq. ft. N/A
per unit per unit per unit per unit per unit
2FD N/A N/A 6,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft. N/A
per unit per unit per unit
MFD N/A N/A 7,260 sq. ft. 3,630 sq. ft. 2,722 sq. ft. N/A
per unit per unit per unit
Minimum Lot TBD
Width
SFD 80 feet 80 feet 80 feet 80 feet 80 feet N/A
2FD N/A N/A 80 feet 80 feet 80 feet N/A
MFD N/A N/A 100 feet 100 feet 100 feet N/A
inimum TBD
ront
Setback
1 Story 25 feet 25 feet 25 feet 25 feet 25 feet TBD
2 Story 25 feet 25 feet 25 feet 25 feet 25 feet TBD
>2 Story 25 feet 25 feet 25 feet See Highrise See Highrise TBD
Setback Setback
A -1 -A 25 feet 25 feet 40 feet 40 feet 40 feet TBD
Minimum TBD
Side
Setback
1 Story 12 feet 12 feet 12 feet 12 feet 12 feet TBD
2 Story 12 feet 12 feet 12 feet 20 feet 20 feet TBD
>2 Story 12 feet 12 feet 12 feet See Highrise See Highrise TBD
Setback Setback
Minimum TBD
Rear
Setback
1 Story >20 feet or >20 feet or >20 feet or 20 feet 20 feet Ocean
Ocean Ocean Ocean Setback
Setback Setback Setback
2 Story >20 feet or >20 feet or >20 feet or 25 feet 25 feet TBD
Ocean Ocean Ocean
Setback Setback Setback
>2 Story >20 feet or >20 feet or >20 feet or >25 feet or >25 feet or ZBD
Ocean Ocean Ocean Highrise Highrise
Setback Setback Setback Setback Setback
cean (1) (1) (1) ( 1 ) ( (
etba ck
High -Rise N/A N/A N/A See § 30 -65 See § 30 -65 TBD
Setback
Maximum Lot None None 30% 40% 40% None
Coverage
Maximum 35 feet (2) 35 feet (2) 35 feet (2) 40 feet (2) 50 feet (2) 35 feet (3)
Building
Height
Maximum None None 100 feet See 30 -66 See 30 -66 None
Building
Width
Maximum None None None See 30 -66 See 30 -66 None
Building
Length
NOTES.
> means greater than.
• N/A means not applicable.
TBD means to be determined by town commission.
(1) Ocean setback to be determined by DEP pursuant to coastal construction control line
requirements.
(2) Maximum building height does not include permitted area for nonusable space permitted
below finished floor elevation.
(3) Water towers and related structures shall not exceed one hundred fifty (150) feet.
(b) Variance from requirements. Any variance from the requirements of Table may occur
only upon approval of the Board of Adjustment and Appeals.
Finish floor elevation, building height, and exceptions to building height.
(u) Determination of finished floor elevation. Finished floor elevation shall be determined as provided herein.
(1) West of S'RA1A. For all parcels west of SR A1A, minimum usable finished floor elevation shall be the higher of
(2) the following:
a• The flood elevation as determined by the United States Federal Emergency Management Agency
(FEMA), or successor agency; or
b• Eighteen (18) inches above the average elevation of the centerline of the nearest public or private road
providing access to the site, as measured from lot line to lot line of the affected site.
C. If a higher minimum elevation is established by the Florida Department of Environmental Protection
(DEP) or FEMA, the higher elevation shall be used by the town.
( East of SR A1A. For all parcels east of SR A1A, finished floor elevation shall be at least the "design breaking
wave crest or wave approach as superimposed on the storm surge with dynamic wave setup of a 100 -year
storm" elevation as determined by DEP, as indicated in Figure 30 -5. The finished floor elevation shall not
exceed the average height of the dune on which the structure is to be located. Use of this finished floor
elevation shall be consistent with the standards listed below.
a• A building permit shall not be issued by the town until approval for the finished floor elevation is granted
by the Department of Environmental Protection.
b• The area below the finished floor elevation shall not be used for sleeping purposes.
i
FIGURE 30 -5
USABLE AREA
_ — — FINISHED FLOOR
30 ' MAX
° HEIGHT VARIES
LT DEPENDING ON
DUNE
GRAQE
D.E.P. ESTABLISHED
PERMANENT STRUCTURE
ELEVATION
SEA LEVEL
OF-
C. The maximum distance from the finished floor elevation of the garage floor to the garage ceiling shall be
nine (9) feet and the maximum distance between the ceiling and finished floor elevation of the habitable
or similar usable area is thirty (30) inches, as provided in Figure 30 -5.
d• Finished floor elevation for a garage shall be constructed below the greater of the following:
1 . The flood elevation as determined by FEMA; or
2. Eighteen (18) inches above the average elevation of the centerline of the nearest public or
private road providing access to the site, as measured from side lot to side lot line of the affected
site.
( Exceptions to building height. The following exceptions to building height limits for single - family and multi - family
units containing up to four (4) dwelling unit dwellings shall be permitted.
a. Exceptions. Exceptions to building heights shall include such functional and nonfunctional architectural
features as chimneys, cupolas, towers, dormers, parapet walls, domes, and spires. Mechanical features
are considered exceptions to height limitations include heating, ventilating, and air conditioning
equipment, and flagpoles and radio or television antennae, satellite receivers, digital transmitters, and
telecommunication eguipment.
b. Measurement. Height exceptions shall be measured from that point of a flat or pitched roof utilized to
determine building height.
C. Limitations. Height exceptions shall comply with the limitations listed below:
1. Not more than two (2) height exceptions, including elevator housings, shall be allowed on any
defined roof line.
2. The size of each architectural height exception, unless otherwise provided herein, shall be limited
• to a total of four feet by four feet by four feet (4' x 4' x 4') and a maximum volume of sixty -four
(64) cubic feet.
3. The size of height exceptions or architectural features shall not exceed four (4) feet above that
point of a flat or pitched roof utilized to determine building height, except as may be required to
comply with building codes for functional chimneys or similar features.
•
�F2
•
r
Building height means the vertical distance between the finished floor elevation and the
following:
Flat roof. the highest point of any flat roof associated with a structure; and
Pitched roof.• the midpoint between the bottom of eaves and highest point of the highest roof
ridge or peak associated with a structure (see Figure 30 -8).
Building height exception means functional or decorative architectural features such as
parapet walls, chimneys, towers, cupolas, and turrets, and roof or wall- mounted items such as flag
poles, and radio and television antennae allowed to exceed the building height limit.
•
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November 25, 2013 1 1-25 3
15 Q
CERTIFICATE OF MAILING 6 . 1 @
"2 *91$65
* 91 TL
This is to certify that on November 25, 2013, the Town of Highland Beach maile 2 0 0
of the attached Notice of Public Hearing for the property located at 3715 S. Ocea * 0 ;. 3 5 CG
Highland Beach, Florida, to the attached list. This mailing consisted of 15 notica
001 - C1006
IN WITNESS WHEREOF, I have hereunto set my hand and seal this . -W.:5 `day o 9-2
2 2013.
Rosalie DeMartino, Administrative Assistant
Town of Highland Beach
***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before me thi - Iay of A/ y `2013 personally appeared Rosalie DeMartino,
Administrative Assistant for the Town of Highland Beach who is known to be the person
described and who executed the foregoing instrument and acknowledged to and before
me that she executed said instrument for the purposes therein expressed.
Notary Seal:
Notary Pu lic - State of Florida
BEVERLY M. BROWN
Notary Public • State of Fiorida
My Comm. Expires Mar 2. 2015
Commi
.,.„.. ssion # EE 69364
�•
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 Tuesday, December 10, 2013 at 9:30 a.m. to consider the following:
REQUEST SUBMITTED BY DAVID AND MEGAN WILLENS FOR A
VARIANCE REQUEST FOR PROPERTY LOCATED AT 3715 SOUTH
OCEAN BOULEVARD, HIGHLAND BEACH, FL. REQUESTING THE
FOLLOWING:
APPLICATION #30270 — RELIEF FROM HIGHLAND BEACH CODE OF
ORDINANCES SECTION 30 -64, TABLE 30 -2, THAT REQUIRES SINGLE
FAMILY DWELLINGS BE CONSTRUCTED TO A MAXIMUM BUILDING
HEIGHT NOT EXCEED 35 VERTICAL FEET (MEAN ROOF HEIGHT)
FROM FINISHED FLOOR ELEVATION. THE PROPOSED BUILDING
HEIGHT DESIGN AS SHOWN ON SUBMITTED SHEET EV -1 DOES NOT
COMPLY WITH THE HIGHLAND BEACH ORDINANCE 30- 68(u)(4)(b) &
(c)(3).
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.
Rosalie DeMartino
Administrative Assistant
Published in The Palm Beach Post on Saturday, November 30, 2013
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 Tuesday, December 10, 2013 at 9:30 a.m. to consider the following:
REQUEST SUBMITTED BY DAVID AND MEGAN WILLENS FOR A
VARIANCE REQUEST FOR PROPERTY LOCATED AT 3715 SOUTH
OCEAN BOULEVARD, HIGHLAND BEACH, FL. REQUESTING THE
FOLLOWING:
APPLICATION #30270 — RELIEF FROM HIGHLAND BEACH CODE OF
ORDINANCES SECTION 30 -64, TABLE 30 -2, THAT REQUIRES SINGLE
FAMILY DWELLINGS BE CONSTRUCTED TO A MAXIMUM BUILDING
HEIGHT NOT EXCEED 35 VERTICAL FEET (MEAN ROOF HEIGHT)
FROM FINISHED FLOOR ELEVATION. THE PROPOSED BUILDING
HEIGHT DESIGN AS SHOWN ON SUBMITTED SHEET EV -1 DOES NOT
COMPLY WITH THE HIGHLAND BEACH ORDINANCE 30- 68(u)(4)(b) &
(c)(3).
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.
Rosalie DeMartino
Administrative Assistant
This notice to be mailed certified mail return receipt on Monday, November 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 Registered Agent.
Post in an area visible to the residents.
Highland :Beach, FL 33487
Town Clerk's Office
Telephone (561) 278 -4548 / Fax (561) 265 -3582
David 8 Megan Willens
2421 NW 49th Lane
Boca Raton, Florida 33431
5614WA -2757
RE: Application No. 30270 - 3715 S. Ocean Blvd., Highland Beach, Fl.
Description UnWH Rate Amount
Legal Advertisement $ 206.40
Postage Certified Mail/Retum Receipt Requested) $ 6.11 $ 91.65
Administrative Fee 01$ - $ -
Total $ 298.05
Make all checks payable to the Town of Highland Beach in the Finance Department
located in Town Hall. Total payment is due prior to setting a hearing date.
Thank you for your business.
Date Paid:
Received By: 4��-.xea YxAa4a
The Palm Beach Post ADVERTISING INVOICE
REAL NEWS STARTS HERE BILLED ACCOUNT NUMBER BILLING DATE TOTAL AMOUNT DUE DOCUMENT
G1333 11/30/2013 $206.40 101511
Palm Beach Daily News BILLING PERIOD TERMS OF PAYMENT PAYMENT DUE PAGE #
'wt 11/30/2013 - 11/30/2013 Upon Receipt 11/30/2013 1 / 1
ADVERTISER CLIENT # ADVERTISER CLIENT NAME
G1333 TOWN OF HIGHLAND BEACH
TOWN OF HIGHLAND BEACH
3614 S OCEAN BLVD
HIGHLAND BEACH FL 33487 -3393
For questions concerning this bill call 855 - 333 -2676
If paid, please disregard - Thank you.
DATE NEWSPAPER DESCRIPTION DIMENSIONS TIMES RUN GROSS AMOUNT{ NET AMOUNT
REFERENCE BILLED UNITS RATE
11/30/2013 160978 TOWN OF HIGHLAND BEACHNOTICE .. 206.40 206.40
PUBLIC H
11/30/2013 PB Post, PB Post Web
PO: PUBLIC HEARING
11/30/2013 Total Amount Due $206.40
RECEIV
DEC 13 2013
Town 01 Hi • Nand Beach, FL
PLEASE DETACH AND INCLUDE WITH YOUR PAYMENT
PAYMENT COUPON
DOCUMENT BILLING DATE TERMS OF PAYMENT PAYMENT DUE ADVERTISER CLIENT # ADVERTISER CLIENT NAME
101511 11/30/2013 Upon Receipt 11/30/2013 G1333 TOWN OF HIGHLAND BEACH
Please send your payment to: G1333
TOWN OF HIGHLAND BEACH
3614 S OCEAN BLVD
Cox Media Group - Advertising HIGHLAND BEACH FL 33487 -3393
PO Box 645098
Cincinnati, OH 45264 -5098
TOTAL AMOUNT AMOUNT ENCLOSED
$206.40
0050010151100000206408
-- The Palm Bcach Post
REAL NEWS STARTS HERE
Palm Beach Daily News
TOWN OF HIGHLAND BEACH 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 n PROOF OF PUBLICATION
Hall Commission Chambers located at
3614 5. Ocean Blvd., Highland Beach,
FL 33487 on Tuesday, December 10,
2013 at 9:30 a.m. to consider the
following: STATE OF FLORIDA
SUBMITTED BY
FOR A COUNTY OF PALM BEACH
REQUEST FOR PROPERTY LOCATED
AT 3715 SOUTH OCEAN BOULEVARD,
HIGHLAND BEACH, FL. REQUESTING Before the undersigned authority personally
THE FOLLOWING: appeared Tiffany Everett, who on oath says that
APPLICATION 4(30270 - RELIEF she is Call Center Legal Advertising Representative
FROM HIGHLAND BEACH CODE OF 9 9 P
ORDINANCES SECTION 30 -64, TABLE of The Palm Beach Post, a daily and Sunday
30 -2, THAT REQUIRES SINGLE FAMILY newspaper, published at West Palm Beach in Palm
DWELLINGS BE CONSTRUCTED TO A P
MAXIMUM BUILDING HEIGHT NOT Beach County, Florida; that the attached copy of
EXCEED 35 VERTICAL FEET (MEAN advertising for a Notice
ROOF HEIGHT) FROM FINISHED g
FLOOR ELEVATION. THE PROPOSED
BUILDING HEIGHT DESIGN AS SHOWN was published in said newspaper on
ON COMPLY WITH THE E HIGHLAND BEACH First date of Publication 11/30/2013 and last date of
ORDINANCE 30- 68(u)(4)(b) & (c)(3). Publication 11/30/2013
Application is available for public
inspection at the Town Clerk's Office,
3614 S. Ocean Blvd., Highland Beach, Affiant further says that the said The Post is a
Florida during normal business hours p
newspaper published at West Palm Beach, in said
- Monday - Friday from 8:30 AM to
4:30 PM. Palm Beach County, Florida, and that the said
Any person who decides to appeal newspaper has heretofore been continuously
the decision made by the Board of
Adjustment & Appeals made at this published in said Palm Beach County, Florida, daily
meeting with respect to any matter and Sunday and has been entered as second class
considered, you will need a record y
of the proceedings and, for such mail matter at the post office in West Palm Beach,
purposes, you may need to ensure that in said Palm Beach County, Florida, for a period of
a verbatim record of the proceedings
is made, which record includes the one year next preceding the first publication of the
testimony and evidence upon which attached copy of advertisement; and affiant further
the appeal is based. Py
Rosalie DeMartino says that she /he has neither paid nor promised any
Administrative Assistant person, firm or corporation any discount rebate,
PUB: The Palm Beach Post
11 -30 2013 816. : s commission or refund for the purpose of securing
this advertisement for publication in the said
Sig - ifi ,,, .4 .. .# newspaper. Also published in Martin and St. Lucie
�CIV/I M�JL 4 .��,. Counties.
S':' 'o an• sub crlbe. 12/05/2013.
Who - personally k ,. 5n to me.
Rv+t „,,o PUBLIC HEARING
4o..P,....... Ad ID: 341180 • \\\I ■14� =� 's APRIL D. EMBERTON Ad Cost: 206.40
NOTARY PUBLIC
.�.„ : _ STATE OF OHIO
Comm. Expires
' _: October 01, 2018
� fro F 1pN\.o\
Date Printed: 11/25/2013 The Palm Beach Post Order: 160,978
Time Printed: 12:40:07 PM
Real News Starts Here Page: 1 of
RECEIPT
Account: G1333 Phone: 5612784548
Name: TOWN OF HIGHLAND BEACH E -mail:
Address: 3614 S OCEAN BLVD
HIGHLAND BEACH FL 33487 -3393
Order Name: PUBLIC HEARING Order Summary:
Orderld: 160978 Base: 206.40
Original Order Id: Other Charges: .00
Copyl-ine: TOWN OF HIGHLAND BE.. Discounts: .00
Sales Rep: PB116 R Hindmarch (P) Agency Commission: .00
Purchase Order: PUBLIC HEARING Sales Tax: .00
Pay Type: Billed
Account Group: Total Order. $206.40
Caller: ROSALIE DEMARTINO
Section: 6205 Legal Notices Payment Summary:
Reply Request:
Tearsheets: 0
COXMedia Group
A Division of COX Enterprises, Inc.
Date Printed: 11/25/2013 The Palm Beach Post Order. 160,978
Time Printed: 12:40:07 PM Page: 2 of 2
Real News Starts Here
RECEIPT
Ad Name: 341180A Ad ID: 341180 Original Ad ID:
Start: 11 -30 -2013
Stop: 11 -30 -2013
Issues: 1
TOWN OF HIGHLANDB EACH
Words: 252 NOTICE OF PUBLIC HEARING BOARD
Dimension.. 1 X 60 Of ADJUSTMENT&APPEALS
The Board -of Adjustment & Appeals
Color: of the Town of Highland Beach will
conduct :a Public Hearing in the Town
Hall commission Chambers located at
3614 5. Ocean Blvd.,. Highland Beach,
Editions: FL 33487 on Tuesday, December 10,
PB Post 2013 h
following' 9:30 a.m. to consider the
:
PB Post Web REQUEST SUBMITTED BY DAVID AND
MEGAN WILLENS FOR A VARIANCE
REQUEST FOR PROPERTY LOCATED
AT 3715 SOUTH OCEAN BOULEVARD,
HIGHLAND BEACH, FL. REQUESTING
THE FOLLOWING:
APPLICATION #30270 - RELIEF
FROM HIGHLAND BEACH CODE OF
ORDINANCES SECTION 30-64, TABLE
30-2, THAT REQUIRES _SINGLE FAMILY
DWELLINGS BE CONSTRUCTED TO A
MAXIMUM BUILDING HEIGHT NOT
EXCEED 35 VERTICAL FEET (MEAN
ROOF HEIGHT) FROM FINISHED
FLOOR. ELEVATION. THE PROPOSED
BUILDING HEIGHT DESIGN AS SHOWN
ON SUBMITTED SHEET EV -1 DOES NOT
COMPLY WITH THE HIGHLAND BEACH
ORDINANCE 30- 68(u)(4)(b) & (c)(3)..
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.
Rosalie DeMartfno
Administrative Assistant
PUB: The Palm Beach Post
11- 30/2013 #160978
Ad shown is not actual print size.
COXMedia Group
A Division of COX Enterprises, Inc.
'•'' `. TOWN OF'HIGHLAND BE;ak�
NOTICE OF PUBLIC HEARING $OAKID
OF ADJUSTMENT & - APPEALS
The Board of Adjustment & Appeals
of the Town of Highland Beach will
conduct a Public Hearing Towr,
.Hall Commission - Chambers located at
,36145. Ocean Blvd. Highland Beach,
FL 33487 33487 on Tuesday,`. December 10,
•`- -3073
at 9:30 a.m. to consider the
'.following:
a fiEQUE5T SUBMITTED BY DAVID AND
ji�MEGAN WILLENS - FORA VARIANCE
''= 1tEQUEST FOR PROPERTY LOCATED .
, AT 3715 SOUTH OCEAN BOULEVARD,
W- 1, HIGHLAND.BEACH; FL. REQUESTING
FOLLOWING-
APPLICATION #30270' - RELIEF
I FROM HIGHLAND BEACH CODE OF
-
ORDINANCES SECTION 30 -64, TABLE.
30 -2, THAT REQUIRES SINGLEFAMILY
DWELLINGS BE CONSTRUCTED :TO A
MAXIMUM BUILDING HEIGHT 'NOT
EXCEED 35 VERTICAL FEET (MEAN
ROOF HEIGHT) FROM FINISHED
FLOOR.. ELEVATION- THE PROPOSED
BUILDING HEIGHT DESIGN AS SHOWN.
ON.SUBMITTED SHEET EV -1 DOES NOT
COMPLY WITH THE HIGHLAND BEACHVtl
ORDINANCE 30- 68(u)(4)(b) &(c).(3)
Application is available for.publlc
inspection at the.Town Clerk's Office,!,,.
3614 S. Ocean Blvd., Highland Beach ,1A
Florida during normal business hourr'^
Monday -' Friday from 8:30 AM to
4:30 PM.
Any personwho decides to appeal,
.:
the decision made by the Board of,,;
Adjustment & Appeals made . at this-
meeting with respect to any:,matter °'
considered, you will reed a - record `'k
of the proceedings and, for such-' 14
• 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.
Rosalie DeMartino
Administrative Assistant
PUB: The Palm Beach Post
11- 30/.2013 #160978"
r