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Adjustment Hearing Case Files_4521/4523 S. Ocean Blvd._20140218_30298 TOWN OF HIGHLAND BEACH BOARD OF ADJUSTMENT AND APPEALS DECISION ON PETITION FOR VARIANCE Petition No. 30298 Public Hearing Date: 2/18/14 Town Code 30 -64, Table 30 -2 Petitioner Darrin Dunlea, Applicant /Sea Frolic LLC, Owner Property Address 4521/4523 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 [ ]; denied [ ]; granted subject to the following conditions and safeguards [ X ]: The applicant must submit a landscape plan that includes additional foliage/landscaping that must be approved by the Building Official. 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 Page 2 Decision on Petition for Variance na, 4521/4523 S. Ocean Blvd. - Relief from Highland Beach Code of Ordinances section 30 -64, Table 30 -2 that requires single - family dwellings (building line) be set back from the side yard property line a minimum of 12 feet. The proposed building (4523 S. Ocean Blvd.) does not meet that requirement. Reduce the south side setback from 12.00' to 11.29' (SW comer of building) to 10.54' (SE corner of building), linearly varying. SIGNATURES WRITE "FOR" OR "AGAINS PETITION Barry Donaldson, Chair Y t S Barry Axelrod, Vice Chair 7 � �- (:)._741 Evelyn Weiss, Secretary F - `JL) / ', , .. , r , , .r r r Joel Leinson, Member Bryan Perilman, Member PlessQr i cc 7 Peter Rodis, Member �� yt✓j William Weitz, Member Attest: 0 Date: I I l 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. Transmit To: Valerie Oakes, Deputy Town Clerk Date: January 23, 2014 Application No: #30298 Applicant /Owner: Darrin Dunlea, Applicant/Sea Frolic LLC, Owner Property Address: 4521/4523 South Ocean Boulevard, Highland Beach, FL 33487 Submit Application: Board of Adjustment and Appeals Application Type: Petition for Variance, proposed construction of two, three story single - family residences (attached), in the RML (Residential Multi - family Low Density) Zoning District Description of Application: Applicant is requesting relief from the Town of Highland Beach Zoning Ordinance, Section 30 -64, Table 30 -2, that requires a single family dwelling (building line) be set back from the side yard property line a minimum of 12 feet. The proposed building (4523 South Ocean Boulevard) does not meet that requirement. THE BUILDING OFFICIAL HAS REVIEWED THE ABOVE MATTER DATED January 23, 2014, 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 ernmental agencies. Plans do not meet Town of Highland Beach Zoning requirements. Recommendation: The Building Department has no recommendation. P LEAS KE ATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, i.e., EI l i \ I G, TRANSMIT TO QUASI- JUDICIAL BOARD, ETC. Michael 1- sorry, ;. uilding Official CLERK'S OFFICE USE ONLY: Date Received: 1 — � 3 — Date of Hearing /Regular Meeting: c ?'" 16 -1 c l / F' -.__,.. -.., ..i. i --_ _ RECI_TVE 030298 1 JAN 1 0 2014 HIGHLAND BEACH o� " � .2 c "tom' TOWN OF BEACH BUILDING DEPARTMENT ° BOARD OF ADJUSTMENT & APPEALS 0 oRIaA - . VARIANCE PETITION Petition # 03 egg & Fees Paid/Receipt No. # F.C,91 a (4 — J p Date Set for Public Hearing: & — 14 Note: Ordinance No. 442 Fees: Variance and/or Appeal to Board of Adjustment & Appeals are $500.00. PROPERTY OWNER INFORMATION 1 Name: Sea Frolic, LLC Phone: 561 - 416 -7309 Fax: 561-416-8431 Mailing Address: 3901 S Ocean Blvd, Highland Beach, FL 33487 -3305 Email Address: darrin @seadarbuilders.com AUTHORIZED AGENT Name: Darrin Dunlea Phone: 561 -416 -7309 Fax: 561 - 416 -8431 Mailing Address: 4181 NW 1st Avenue, #10, Boca Raton, FL 33431 Email Address: darrin @seadarbuilders.com 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 30 -64 of Chapter 30 of the Code of Ordinances of the Town of Highland Beach. The description of the subject property is as follows: PROPERTY INFORMATION ASSOCIATED WITH THIS PETITION Address: 4521 and 4523 North Ocean Blvd, Highland Beach, FL 33487 Subdivision: See attached Legal Description PCN: 24- 43- 47- 04 -00- 006 -0240 Lot Size: 31,680 SF / 0.73 ac Zoning District: RML Present Use: Vacant (Under Construction) 1. Present Structures (type): Pile foundation, grade beams, pile caps, garage level masonry walls (not poured) and form boards and reinforcing for concrete shear walls. 2. The proposed use will be: Dwelling single family attached (two units) 3. If ppee is grand, ff will be to brief description — i.e. to reduce side yard from 7' to 2') Reduce the tition south side setback the e from ect 12.00' tot 11.29' (SW comer of buildi to 10.54' (SE comer of bui ding), linearly varying. 4. For a variance to be favorably considered, the Board 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; An error on the site plan resulted in an encroachment of the building within the south side building setback At this time, the pile foundation, grade beams, pile caps, garage level masonry walls, concrete columns, and concrete shear walls have been constructed. The circumstances that exist are not the direct result of any actions from the applicant. (b) That the special conditions and circumstances do not result from the actions of the applicant; The circumstances are not the result of any actions from the applicant. (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 requested variance does not alter the proposed use of the property allowed within the RML zoning district. (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. In order to satisfy the 12' side set back on the south property line, all existing construction would be required to be demolished and reconstructed. 5. Has any previous application or appeal been files within the last year in connection with these premises? (YES) X (NO) If so, briefly state the nature of the application or appeal. The applicant proposed subdividing the parcel and constructing two (2) single family residences (zero lot line). This variance request was made for the minimum lot width and the maximum lot coverage requirements. (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 provided. (Notification distances shall be measured on an arc from the corners of the property.) (YES) X (NO) (Initial) I, the petitioner, acknowledge that there will be additional expenses incurred for the certified mailing of the public notices and the cost to publish the legal advertisement, which is separate from the Board of Adjustment & Appeals application fee. (YES) X (NO) 2 I1'G ge (Initial) I, the petitioner, has read the Town of Highland Beach Code of Ordinances, Section 30 -40: Variances & Interpretations for code requirements. (YES) X (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 supply authorized agent notarized letter attesting to sam . * ** Property Owner's Signature / VVIM. Date: / Authorized Agent Signature: Date: 1 Jo) g g Condo Assoc. Rep. Signature: Date: / A STATE OF COUNTY OF / ' II Lai On this day 1 , before me personally appeared . _ r I t <.. to me known to be the person i rt executed the foregoing instruments, and ac owledged that he executed the same as his free act and deed. : �yY. �,r .. SUSAN C. AUTSNRIETH MY COMMISSION # DD97 • SEAL � • -� -. ( ) m / EXPIRES March 15, 20 MAL (407) 368 -0153 Flc��dallotaryService.com ' otary Publi • Received by the Town Clerk's Office: l' • Received By: NOLkei {, Dak Date: Date Public Notices Mailed: '0 I ` 3 - Itf Date Legal Advertisement Published: G l 31 RESOLUTION AND ACTION BY WRITTEN vie tWE OF THE MANAGER 0P�y. OF JAN 102014 I' SEA FROLIC, LLC n , HIGHLAND BEACH 3 0 The undersigned, being the Manager of Sea Frolic; LLQ�rBrfQdl�B$RTid liability company (the "Company "), hereby adopts and cortsf eni fo the adoption N of the following resolutions by written consent: WHEREAS, the power to manage the Company has been reserved exclusively to the Manager of the Company; WHEREAS, the Manager desires to take certain actions and to authorize any Manager and /or Darren Dunlea, to take certain actions for and on behalf of the Company; WHEREAS, the Manager desires to authorize either Manager or Darren Dunlea, individually, and alone, to take such actions as which may be necessary or desirable to demolish all structures on that certain Property, more particularly described as follows (the "Property"): The South 100 feet of that part of Section 4, Township 47 South, Range 43 East, lying East of the East Right -of -Way of State Road A1A, as the same now exists; said lands lying and being in Palm Beach County, Florida. WHEREAS, the Manager authorizes Darren Dunlea to take such actions which may be necessary or desirable to the Property to modify or obtain zoning, obtain demolition permits, obtain building permits, to develop the Property, to enter into such contracts, applications, authorizations, documents and /or other instruments in pursuance of development of the Property and construction of a structure on the Property, and to engage such contractors, subcontractors, architects and /or other parties that may be necessary or desirable in furtherance of the development of the Property (collectively, the "Development Activities "). NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RESOLVED, that the Manager, on behalf of the Company, approves and authorizes Darren Dunlea to undertake all of the Development Activities on behalf of the Company with full authority to act on behalf of the Company to effectuate same. FURTHER RESOLVED, that the taking of any action, the incurring of such expenses, and the execution and delivery of any documents, agreements, instruments, certificates and other writings authorized by the foregoing resolutions in the name and on behalf of the Company by any Manager or Darren Dunlea, as authorized agent, and it hereby is, deemed binding on the Company and conclusive evidence of the authority therefore. FURTHER, RESOLVED, that this Written Consent may be executed in counterparts, and when taken together, the same shall make one whole, complete and binding document. This Written Consent may be executed in full via facsimile transfer or electronic transfer, which facsimile copy or electronic transfer copy shall be deemed as binding as an original. Each party hereto may rely upon any such facsimile copy or electronic transfer copy as though it were an original. Dated as of July ) 2 , 2012. /, TIBOR T$F H being the sole Manager of the Company 2 S FLORIDA DEPARTMENT OF � ENVIRONMENTAL PROTECTION RICK SCOTT FLORIDA r BOB MARTINEZ CENTER GOVERNOR �IJA � 2600 BLAIR STONE ROAD HERSCHEL T. VINYARD JR. TALLAHASSEE, FLORIDA 32399-2400 SECRETARY December 5, 2013 Transmitted via e-mail Sea Frolic, LLC - c/o William P. Stoddard, Ph.D., P.E. R C�G�MED Shulke, Bittle & Stoddard LLC U u 1717 Indian River Boulevard, Suite 201 JAN. 2 7 2014 Vero Beach, Florida 32960 HIGHLAND BEACH Acceptance of Foundation Location Certification BUILDING DEPARTMENT Permit File Number: PB -1065 Project Name: Sea Frolic, LLC Project Address: 4521 South Ocean Boulevard, Highland Beach Dear Mr. Stoddard: You are hereby notified that the foundation location certification for the referenced project was received on December 5, 2013, and reviewed by the staff. The location of the foundation seaward of the coastal construction control line, as certified, complies with the requirements of the permit. You may proceed with construction as authorized. All terms and conditions of the permit, including the periodic reporting requirement, remain in effect. To date, no periodic progress reports have been submitted. Please submit the required forms so that further agency action will not be necessary. If you have any questions or concerns, or need additional information, please contact me by mail at the letterhead address (add Mail Station 3522), or by telephone at 850.921.7757, or by e-mail at Celora.A.Iackson@dep.state.fl.us. Sincerely, Celora Jackson Celora Douse Jackson, Engineer IV Coastal Construction Control Line Division of Water Resource Management cc: Sea Frolic, LLC, Property Owner Christian Lambright, Field Inspector www.dep.statefl.us FOUNDATION LOCATION CERTIFICATION b Bureau of Beaches and Coastal Systems D ivision of Water Resource Management Mail to: Florida Department of Environmental Protection Permit Number. PB -1055 3900 Commonwealth Boulevard Mail Station 300 Tallahassee, Florida 32399 -3000 Permittee Name: SEAFROLIC, LLC • This is to certify that all aspects of the foundation location, as constructed, are in accordance with both the plans and the project description approved by the Department of Environmental Protection as part of the permit. The foundation location certification is based upon such surveys as are necessary to determine the actual location specified below: ff ! C E n � n JAN 27 2014 HIGHLAND BEACH Distance the seawardmost piling BUILDING DEPARTMENT has been placed as measured perpendicular endicular to the coastal construction control line: 88.02 feet Note: Any deviations from the approved plans and specifications shall be stated as an exception to this certification. No further vertical construction on the permitted structure is authorized until the Bureau of Beaches and Coastal Systems has notified the permittee, in writing, that this foundation location certification has been approved. J Signature of A licant Date L,''- Typed or Printed Name of Applicant ture of Surveyor • Date CHARLES H. BLANCHARD Typed-or Printed Name of Surveyor (Seal) _ - 5755 State of Florida Registration Number DEP Form 73 -114B (Updated 9/05) IECEINED O JAN 1 0 2014 O 0 Z HIGHLAND BEACH v am Q BUILDING DEPARTMENT � Z 0 - 0 0 ~ o z o PERM. 0 30298 NUM O z Q O cn ZO ..0� 2UJO awO wm �w 0 Li. z Q w — 0 LA CD I CJ; B UJ 0 W J UJ ZQ w w ` fi _ O J 00 o 0 H w ti ° ‹c Z Q Q U o TDDF- CCZ w J r SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) EXHIBIT "A" ___ - -_ . \y /ED 11.. JAN 1 0 2014 0 3 0 2 9 8 HIGHLAND BEACH BE UILDING DEPARTMENT NUM N89°23'58"E Q \ ;o Q LINE BEARING DISTANCE f: o L 1 N 00'36'02 "W 11.29' ((j Q L 2 N 00'10'10 "W 1.46' i L 3 S 00'10'10 "E 0.71' 6 L 4 S 00'36'02 "E 10.54' � o 0) o �, o Q N U N SUBJECT PARCEL O o z S 89'23'58 "W 99.67' 0 N 89'49'50 "E 99.67' N 89'23'58 "E SOUTH LINE SECTION 4 -47 -43 V GOV. LOT 6 0 \____ 62.22' \ J v N 89'23'58 "E 99.67' GOV. LOT 1 P.O.C. P.O. B. S W CORNER N 750219.1818 E 961788.6369 SKETCH OF IIIIIIIIIII - ,,,Il li l llllllllllll 30 GRAPHIC SCALE 30 DESCRIPTION I II ) II I I 1 1 SKETCH OF LEGAL DESCRIPTION North 1 inch IN F 30 ft. NOT A BOUNDARY SURVEY PLAT OF SURVEY FOR: SEADAR BUILDERS PROJ. NO. 12 -034 -V DATE: 01 -09 -14 DWN. BY: C.H.B. CKD. BY: S.P.T. MERIDIAN THIS PLAT AND REPORT ARE NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL LAND SURVEYORS RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON 1717 INDIAN RIVER BLVD, 201 VERO BEACH, FL. 32960 LB#69 LB#6905 WHICH SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT. PHONE: 772-794 -1213, FAX: 772 -794 -1096 THE PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE ANOTHER. E -MAIL: LB690S rr)i BELLSOUTH.NET V: \12- 034_5EADAR \VARIANCE \12 - 034- VAR.dwg, 1/9/2014 12:19:45 PM P AGE 1 OF 2 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) Report of Survey. (Project # 12- 034 —V) * TYPE OF SURVEY: SKETCH OF DESCRIPTION — NOT A FIELD BOUNDAR f�VEY ���� * THIS SURVEY PERFORMED BY: f L� (( �J' v HOUSTON, SCHULKE, BITTLE & STODDARD, INC. LB. #6905 d.b.o. MERIDIAN LAND SURVEYORS JAN 1 0 2014 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 HIGHLAND BEACH * PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: BUILDING DEPARTMENT CHARLES H. BLANCHARD, P.S.M. #5755 EXHIBIT "A" 0 3 0 2 9 8 NUMBER Legal Description: A PORTION OF LAND LYING IN GOVERNMENT LOT 6, SECTION 4, TOWNSHIP 47 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTH 100 FEET OF GOVERNMENT LOT 6, SECTION 4, TOWNSHIP 47 SOUTH, RANGE 43 EAST, LYING EAST OF STATE ROAD A -1 -A (100' RIGHT OF WAY); THENCE RUN NORTH 89 °23'58 "EAST (BASIS OF BEARINGS) ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 6, A DISTANCE OF 62.22 FEET; THENCE LEAVING SAID SOUTH LINE OF GOVERNMENT LOT 6, RUN NORTH 00 °36'02" EAST, A DISTANCE OF 11.29 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 89 °49'50" EAST, A DISTANCE OF 99.67 FEET; THENCE RUN NORTH 00 °10'10 "WEST, A DISTANCE OF 1.46 FEET; THENCE RUN SOUTH 89 °23'58 "WEST, A DISTANCE OF 99.67, THENCE RUN SOUTH 00 °10'10 "EAST. A DISTANCE OF 0.71 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 145.52 SQUARE FEET (0.003 ACRES) MORE OR LESS. Legend & Abbreviations: (symbols not scaleable for size) PLS — PROFESSIONAL LAND SURVEYOR CR — COUNTY ROAD PSM — PROFESSIONAL SURVEYOR & MAPPER R/W — RIGHT OF WAY LB — LAND SURVEYING BUSINESS O.R.B. — OFFICIAL RECORD BOOK — CENTERLINE P.O.C. — POINT OF COMMENCEMENT (M) — MEASURED VALUE P.0.B — POINT OF BEGINNING (P) — PLAT VALUE GOV. — GOVERNMENT SKETCH OF DESCRIPTION SKETCH OF LEGAL DESCRIPTION PLAT OF SURVEY FOR: SEADAR BUILDERS NOT A BOUNDARY SURVEY MERIDIAN THIS SURVEY OLID L RPJS THE OF yyyppp��� SIGNATURE AND IS N THE T OR RAISED SEAL LAND SURVEYORS THE FLORIDA LICENSED SURVEYOR AND MAPPER / I \ 1717 INDIAN RIVER BLVD, SUITE 201 L. NAMED BELOW. VERO BEACH, FL 32960 LB#6905 PHONE: 772- 794 -1213, FAX: 772 -794 -1096 E -MAIL: LB6905 BELLSOUTILNET CHARLES H. BLANCHARD, P.S.M. /5755 V \12-0 \VARIANCE \32 VA0.dwg 1/9/2014 PAGE 2 OF 2 Friday, January 31, 2014 CERTIFICATE OF MAILING This is to certify that on Friday, January 31, 2014, the Town of Highland Beach mailed a copy of the attached Notice of Public Hearing for the property located at 4521/4523 S. Ocean Blvd., Highland Beach, Florida, to the attached list. This mailing consisted of 23 notices. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 31 day of January 2014. Valerie Oakes, Deputy Town Clerk Town of Highland Beach STATE OF FLORIDA COUNTY OF PALM BEACH Before me this 31 day of January 2014 personally appeared Valerie Oakes, Deputy Town Clerk 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: ail ! ROSALIE DEMARTINO MY COMMISSION # EE080671 EXPIRES April 04, 2015 (407) 340153 Fb400No1.ry0.n o. oom Notary Public — State of Florida 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, February 18, 2014 at 9:30 a.m. to consider the following: REQUEST SUBMITTED BY SEA FROLIC LLC FOR A VARIANCE REQUEST FOR PROPERTY LOCATED AT 4521/4523 SOUTH OCEAN BOULEVARD, HIGHLAND BEACH, FL. REQUESTING THE FOLLOWING: APPLICATION #30298 — RELIEF FROM HIGHLAND BEACH CODE OF ORDINANCES SECTION 30 -64, TABLE 30 -2, THAT REQUIRES SINGLE - FAMILY DWELLINGS (BUILDING LINE) BE SET BACK FROM THE SIDE YARD PROPERTY LINE A MINIMUM OF 12 FEET. THE PROPOSED BUILDING (4523 SOUTH OCEAN BLVD.) DOES NOT MEET THAT REQUIREMENT. 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 Friday, January 31, 2014 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. i OF {161-1/.4,0 ■°— OR OP / TOWN OF HIGHLAND BEACH 3614 South Ocean Boulevard Highland Beach, FL 33487 Town Clerk's Office Telephone (561) 278 -4548 / Fax (561) 265 -3582 INVOICE Sea Frolic, LLC 3901 S. Ocean Blvd. Highland Beach, FL 33487 561 -416 -7309 RE: Application #30298 - 4521/4523 S. Ocean Blvd. Description Unit/Hour Rate Amount Legal Advertisement $ 146.20 Postage (Certified Mail /Retum Receipt Requested) 23 $ 6.49 $ 149.27 Administrative Fee 0 $ - $ - Total $ 295.47 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: ,L,9)l 1 ( 'k (( .-ikJoq ,0 V Received By altri-e C 1(4( -_- Date Printed: 02 /04/2014 The Palm Beach Post Order: 197,036 Time Printed: 11:27:20 AM Page: 1 of 2 Real News Starts Here RECEIPT Account: G1333 Phone: 5612784548 Name: TOWN OF HIGHLAND BEACH E -mail: Address: 3614 S OCEAN BLVD HIGHLAND BEACH FL 33487 -3393 Order Name: NOTICE OF PUBLIC HEA .. Order Summary: Orderld: 197036 Base: 292.40 Original Order Id: Other Charges: .00 CopyLine: TOWN OF HIGHLAND BE.. Discounts: .00 Sales Rep: PB116 R Hindmarch (P) Agency Commission: .00 Purchase Order NOTICE OF PUBLIC HEA .. Sales Tax: .00 Pay Type: Billed Account Group: Total Order: $292.40 Caller: VALERIE OAKES Section: 6205 Legal Notices Payment Summary: Reply Request: Tearsheets: 0 • prt _ $I • • COXMedia Group • A Division of COX Enterprises, Inc. Date Printed: 02/04 /2014 The Palm Beach Post Order: 197,036 Time Printed: 11:27:20 AM Real News Starts Here Page:2 oft RECEIPT Ad Name: 405677A Ad ID: 405677 Original Ad ID: Start: 02 -07 -2014 Stop: 02 -07 -2014 Issues: 1 Words: 373 Dimension.. 1 X 85 Color:" Editions: E PB Post Web PB Post NO MAIN L. FOP P. NUANCE ENFAM NALL 30, NON riSfal Ad shown is not actual print size. COXMedia Group A Division of COX Enterprises, Inc. The Palm Beach Post REAL NEWS STARTS HERE Palm Beach Daily News TOWN OF HIGHLAND BEACH TOWN OF HIGHLAND BEACH NOTICE OF PUBLIC NEARING RD OF ADJUSTMENT 6 APPEALS The Board of Adjustment 6 Appeals of the Town of Highland Beach will conduct a Public Hearing In the Town Hall Commission Chambers located at 1 Ocean Blvd., Highland PROOF OF PUBLICATION Beach Tuesday, February 2014 4 at 9:30 9:30 a. a.m, to consider the following: REQUEST SUBMITTED BY TEA FROLIC F P VA REQUEST FOR PROPERTY TY LOCATEOCATE D AT 4521 4623 SOUTH OCEAN BOULEVARD, STATE OF FLORIDA HL BEACH, FL. LOWING: APPLICATION TTI HIGHLAND L : FOLLOWING: COUNTY OF PALM BEACH 30 RELIEF FROM HIGHLAND BEACH CH • CODE OF ORDINANCES SECTION 30-64, TABLE THAT REQUIRES SINGLE-FAMILY DWE DWELLINGS (BUILDING LINF) B P Before the undersigned authority personally THE DE YARD ARD PROPERTY OPERTY ERTY LINE A A MINIMUM OFI 2T HOCEAN PROPOSED appeared Justin Peterson, who on oath says that BUILDING 14623 SOUTH OCEAN BLVD.) MEET DEFTEST MEET THAT D L she is Call Center Legal Advertising Representative REQUEST SUBMITTED ITTED REQUIREMENT BY Y LANDS END ESTATES, TLC FOR A VARIANCE of The Palm Beach Post, a daily and Sunday REQUEST FOR PROPERTY LOCATED AT 1124 HIGHLAND BEACH DRIVE, newspaper, published at West Palm Beach in Palm HIGHLAND BEACH, FL. APPLICATION REQUESTING THE FOLLOWING: APPLICATION ON Beach County, Florida; that the attached copy of 430516 - RELIEF FROM HIGHLAND CH CODE OF ORDINANCES advertising for a Notice BEA 30 -64, TABLE 30-2, WHICH REQUIRES A MAXIMUM DENSITY OF 6 UNITS PER ACRE BE PERMITTED. 3 UNIT (BUILDING) COMPLEX was published in said newspaper on EXISTS THERE CURRENTLY, THE MOST RECENT SURVEY (OCTOBER 22, 2013) First date of Publication 02/07/2014 and last date of SHOWS THE PROPERTY AT 12.618 ■ SQ. FT. OR .2B96 ACRES. AT 6 UNITS Publication 02/07/2014 PER ACRE, 1.7380 UNITS WOULD BE PERMITTED TO BE CONSTRUCTED ON THAT PROPER, THE EXISTING UNIT BUILDING IT CONSIDERED A NON -CONFORMING STRUCTURE Affiant further says that the said The Post is a PER HIGHLAND BEACH ORDINANCE newspaper published at West Palm Beach, in said IS REQUESTING SECTION . ESSTING TING TO O APPLICANT REDUCE THE MINIMUM LOT AREA FOR MULTI- Palm Beach County, Florida, and that the said FAMILY DWELLING FROM 7,260 SQ. fT PER UNIT TO Q. FT. PER UGH. newspaper has heretofore been continuously Is available Application Is available for public Inspection S.Ocea al the Blvd.. Highland published in said Palm Beach County, Florida, daily 3614 3614 S. Ocean Blvd.. Highland land Beach, M - Friday from busmen and Sunday and has been entered as second class - -Monday Friday from 8:30 AM M to io to p Any person who decides mail matter at the post office in West Palm Beach, appeal a App+lbma in said Palm Beach County, Florida, for a period of Board a'nI'meeting youw`ill` need need considered, one year next preceding the first publication of the to record Of the proceedings and, such z nee to attached copy of advertisement; and affiant further proceedings is made, which record says that she /he has neither paid nor promised any � Includes ` person, firm or corporation any discount rebate, ofi.1 •. commission or refund for the purpose of securing �, 1 this advertisement for publication in the said ,�i�+- �. eofeha newspaper. Also published in Martin and St. Lucie '''R ..i Counties. • S'•';' T '. 'scribed before 02/07/2014. Who`fs °p• rst7na known to me. .. __ NOTICE OF PUBLIC HEARING Ad ID: 405677 Ad Cost: 292.40 JOSEPH W. SCHDLKE, PE SCHULKE, BITTLE & STODDARD, L.L.C. • JODAH B. SETTLE, P.E WRLAN P. STODWRD, PRD., P.E. Cll/IL 8 STRUCTURAL ENGINEERING - LAND PLANNING - ENVIRONMENTAL PERMITTING February 5, 2014 Re: Variance Application 4521 & 4523 North Ocean Blvd, Highland Beach, FL Dear Adjacent Property Owners: Sea Frolic, LLC, 4521 and 4523 North Ocean Boulevard, has submitted a variance application to the Town of Highland Beach for an encroachment into the south side building setback, which resulted from a drafting error on the site plan. The North and South property lines of the subject property are slightly skewed from due East. When the site plan was originally prepared as part of the coastal construction permit application, the survey was rotated so the north and south property lines and all building lines would be oriented exactly horizontal or vertical. On October 31, 2013 the beach and dune system along Highland Beach suffered significant erosion due to the effects of Hurricane Sandy (2013). Subsequently, the site served as a beach access for construction of a seawall and dune reconstruction projects at nearby properties. The FDEP requested that the site plan and survey be updated to reflect the post storm beach and dune conditions. When the updated survey was imported it was not rotated to match the alignment of the original survey. Because of this error, the building encroaches into the south building setback approximately 7" at the southwest comer of the building to 17" at the southeast comer of the building. This encroachment was not discovered until after the piles had been installed and the grade beams, pile caps, and garage floor walls had been constructed. Repositioning the building on existing pile foundation system is not feasible at this time. This hardship is not the direct result of any actions of the property owner. We kindly request that if you have no objection to the requested variance you sign this letter with your name and address so we can present it to the Variance Board at the February 18, 2014 hearing. If you have any questions or would like additional details please feel free to contact William Stoddard, Ph.D., P.E. of Schulke, Bittle & Stoddard, LLC at (772) 770 -9622. 1 have no objection to the proposed variance request described above for 4521 and 4523 North Ocean Boulevard Signature: yL., L � �w Name: 4, 4,„ Address: 40,5 <5 01,4,0 > a I "11M11 ez,ew v/ 1717 INDIAN RIVER BLVD.. SUITE 201 VERO BEACH, FLORIDA 32960 TEL 772/ 770 -9622 FAX 772 / 770 - 9496 EMAIIL info ©sbsengineers.com JOSEPH W. SCHULKE, PE SCHULKE, BITTLE & STODDARD, L.L.C. JOOAH & BITTLE. P.E. WU." P. STODDARD, PRO., P.E CIVB_ d STRUCTURAL ENGINEERING • LAMS PLANNING •EWVdiONAE✓TAL PERd4RNG February 5, 2014 Re: Variance Application 4521 & 4523 North Ocean Blvd, Highland Beach, FL Dear Adjacent Property Owners: Sea Frolic, LLC, 4521 and 4523 North Ocean Boulevard, has submitted a variance application to the Town of Highland Beach for an encroachment into the south side building setback, which resulted from a drafting error on the site plan. The North and South property lines of the subject property are slightly skewed from due East When the site plan was originally prepared as part of the coastal construction permit application, the survey was rotated so the north and south property lines and all building lines would be oriented exactly horizontal or vertical. On October 31, 2013 the beach and dune system along Highland Beach suffered significant erosion due to the effects of Hurricane Sandy (2013). Subsequently, the site served as a beach access for construction of a seawall and dune reconstruction projects at nearby properties. The FDEP requested that the site plan and survey be updated to reflect the post storm beach and dune conditions. When the updated survey was imported it was not rotated to match the alignment of the original survey. Because of this error, the building encroaches into the south building setback approximately 7" at the southwest corner of the building to 17" at the southeast comer of the building. This encroachment was not discovered until after the piles had been installed and the grade beams, pile caps, and garage floor walls had been constructed. Repositioning the building on existing pile foundation system is not feasible at this time. This hardship is not the direct result of any actions of the property owner. We kindly request that if you have no objection to the requested variance you sign this letter with your name and address so we can present it to the Variance Board at the February 18, 2014 hearing. If you have any questions or would like additional details please feel free to contact William Stoddard, Ph.D., P.E. of Schulke, Bittle & Stoddard, LLC at (772) 770 -9622. 1 have no objection to the proposed variance request described above for 4521 and 4523 North Ocean Boulevard C Signature: ' cra._ j (5'4 Name: / • .�� . . i' V Address: l�i s lir *a1re_ F‘ 1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 32950 TEL 7721770 -9622 FAX 7721 770 -9496 EMAIIL info@sbsengineers.com JOSEPH W. SCHULKE P. E. SCHULKE, BITTLE & STODDARD, L.L.C. JODAH EL SETTLE, P -E. WIWAM P. ST000ARD. Rd). P.E CIVL & STRUCTURAL ENGINEERING - LAND PLANNING • ENVIRONMENTAL PERMITTING February 5, 2014 Re: Variance Application 4521 & 4523 North Ocean Blvd, Highland Beach, FL Dear Adjacent Property Owners: Sea Frolic, LLC, 4521 and 4523 North Ocean Boulevard, has submitted a variance application to the Town of Highland Beach for an encroachment into the south side building setback, which resulted from a drafting error on the site plan. The North and South property lines of the subject property are slightly skewed from due East. When the site plan was originally prepared as part of the coastal construction permit application, the survey was rotated so the north and south property lines and all building lines would be oriented exactly horizontal or vertical. On October 31, 2013 the beach and dune system along Highland Beach suffered significant erosion due to the effects of Hurricane Sandy (2013). Subsequently, the site served as a beach access for construction of a seawall and dune reconstruction projects at nearby properties. The FDEP requested that the site plan and survey be updated to reflect the post storm beach and dune conditions. When the updated survey was imported it was not rotated to match the alignment of the original survey. Because of this error, the building encroaches into the south building setback approximately 7" at the southwest comer of the building to 17" at the southeast comer of the building. This encroachment was not discovered until after the piles had been installed and the grade beams, pile caps, and garage floor walls had been constructed. Repositioning the building on existing pile foundation system is not feasible at this time. This hardship is not the direct result of any actions of the property owner. We kindly request that if you have no objection to the requested variance you sign this letter with your name and address so we can present it to the Variance Board at the February 18, 2014 hearing. If you have any questions or would like additional details please feel free to contact William Stoddard, Ph.D., P.E. of Schulke, Bittle & Stoddard, LLC at (772) 770 -9622. I have no objection to the proposed variance request described above for 4521 and 4523 North Ocean Bou ; •ard/ Signature. _ - ituarai Name: i g on) P , 77 Address: - 77 1 7H - D 1Imo, elf /7 f. O i k - 33 Ye7 1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 32960 TEL 772/ 770.9622 FAX 772 / 770 -9496 EMAIIL info@sbsengineers.com