Adjustment Hearing Case Files_2348 S. Ocean Blvd._20150512_Petition No. 37531 TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT AND APPEALS
DECISION ON PETITION FOR VARIANCE
Petition No. 37531 Public Hearing Date: May 12, 2015
Town Code Section 30 -68 (e)(6)( )(1) marine facility (lifting device) setback
Petitioner: James & Brenda Long
Property Address: 2348 S. Ocean Blvd., Highland Beach, Florida
In the above numbered Petition, by vote as shown in the official minutes and recorded on
the form, it was determined and ordered that the requested variance be granted [X ];
denied [ ]; granted subject to the following conditions and safeguards [ ]:
In reaching its decision and order, the Board has found/has not found in the case of the
above numbered Petition that:
1. Special conditions and circumstances exist which are peculiar to the land, structure
or building involved, and which are not applicable to other lands, structures or buildings
in the same district.
2. The special conditions and circumstances do not result from the action of the
applicant.
3. Granting the variance requested will not confer on the applicant any special privilege
that is denied by the ordinance to other lands, structures or buildings in the same district.
4. Literal interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same district under the terms of the
ordinance, and would work unnecessary and undue hardship on the applicant.
5. The reasons set forth in the applicant's petition justify the granting of the variance,
and the variance granted is the minimum reasonable variance that will make possible the
reasonable use of land, structure or building.
6. Granting of the variance will be in harmony with the general purpose and intent of the
ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the
public welfare.
Chapter 30, Zoning Code /Article I1I; Sec. 30- 40(h): A variance, when implemented in
accordance with the approval granted by the Board of Adjustment and Appeals, shall run
with the land in perpetuity. Unless a lesser time is approved by the Board of Adjustment
and Appeals, a variance that is not implemented shall expire eighteen (18) months
following approval. Extensions of variance approvals shall not be granted by the Board
of Adjustment and Appeals.
Town of Highland Beach
Board of Adiustment and Anneals Paze 2
Decision on Petition for Variance na 2348 S. Ocean Blvd – Relief from Highland Beach
Zoning Ordinance. Section 30 -68 (g)(6)(d) 1) that states a marine facility (lifting device)
shall be set back at least 25 feet from side lot lines.
SIGNATURES WRITE "FOR" OR "AGAINST" PETITION
Barry Donaldson, Chair+
Barry Axelrod, Vice Chair �� r—
i
Evelyn Weiss, Secretary
- Z; M�w
Bryan Perilman, Member
Joel Leinson, Member o L.: 1 ��
Peter Rodis, Member
Edward Neidich, Member g
Attest: rszLt, Date: )
or
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, Acting Town Clerk Date: March 31, 2015
Application No: #37531 Applicant/ Owner: Robert I. MacLaren II-- Applicant /James R. and
Brenda A. Long- -Owner
Property Address: 2348 South Ocean Boulevard Highland Beach, FL 33487
Submit Application: Board of Adjustment and Appeals
Application Type: Petition for Variance, in RS (Residential Single - Family) Zoning District
REVIEW GIVEN TO SUBJECT PROPERTY
Description of Application:
Applicant /Owner is requesting relief from the Highland Beach Zoning Ordinance, Section 30 -68
(g)(6)(d)(1), that states a marine facility (lifting device), shall be set back at least 25 feet from side
lot lines.
THE BUILDING OFFICIAL HAS REVIEWED THE ABOVE MATTER DATED March 31, 2015 AND
HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN:
❑ Plans meet Town of Highland Beach Zoning and other governmental agencies requirements.
❑ Pans meet Town of Highland Beach Zoning requirements; however, approvals are pending with other
,
Bove tal agencies.
Plan do not meet Town of Highland Beach Zoning requirements.
Recommendation:
This application /petition is the result of an open permit, #19780 submitted and approved in 2005.
The boat lift was not inspected. The last approved inspection, was for the wood dock framing (only
on 04.18.2005. A final inspection was scheduled for 08.04.2005 and was not approved (no access).
Follow up inspections were not scheduled. On the morning of March 31, 2015, the Building Official for
the Town of Highland Beach measured the side setback of boatlift to the (north) property line at 20'
6 ". The marine facility (boatlift) encroaches 4' 6" into the side setback.
PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, i.e.,
SCH LE H RI 46, TRANSMIT TO QUASI- JUDICIAL BOARD, ETC.
t
Michael De orcy, Buil ing Official
CLERK'S OFFICE USE ONL n Date Received: T 3 I
t
Date of Hearing /Regular Meeting: .e(c' c., j i_
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,
9
TOWN OF HIGHLAND BEACH
MAR 1 6 2015
BOARD OF ADJUSTMENT & APPE ' LDY G 'DE MME
C OD VARIANCE PETITION PER TT
Petition # Fees Paid/Receipt No #
037 5 3
Date Set for Public Hearing:
Note: Ordinance No. 442 Fees: Variance and/or Appeal to Board of Adjustment & JUQ�ER
Name: James R. Long & Brenda A. Long Phone: (561)756 -3737 Fax:
Mailing Address: 2348 South Ocean Blvd., Highland Beach, FL 33487
Email Address: JRLong42@yahoo.com
Name: Robert I. MacLaren II Phone: (561) 395 -1000 Fag: (561) 368 -6 930
Mailing Address: Suite 100 798 South Federal Highway, Boca Raton, FL 33432
Email Address: RIM2@osbornepa.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
of Chapter 30 of the Code of Ordinances of the Town of Highland Beach. The description of the subject property is
as follows:
U _ -
.. .. _.._ ....... _ __. ......... _ _ __. . _ . _ _ _�... .
Address: 2348 South Ocean blvd. , Highland Beach, FL Subdivision:
�_- Plat No. 1 CAMELOT ON THE ATLANTIC
PCN: 24- 43- 46- 28 -44- 000 -002'1 Lot Ize: 86.93 x 202.26
Zoning District: RS Present Use: Single Family Residential
1. Present Structures (type):
24,000 lbs TOPLESS BOAT LIFT adjacent to the single family residence
2. The proposed use will be:
BOAT LIFT as an accessory marine facility to the single family resi dence
i
3. If this petition is granted, the effect will be to (brief description — i.e. to reduce side yard from 7' to 2'):
(SEE ATTACHED)
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;
(SEE ATTACHED)
(b) That the special conditions and circumstances do not result from the actions of the applicant;
(SEE ATTACHED)
(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;
(SEE ATTACHED)
(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.
(SEE ATTACHED)
5. Has any previous application or appeal been files within the last year in connection with these premises?
(YES) (NO) X If so, briefly state the nature of the application or appeal.
(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)
21Page
(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 same. * **
Property Owner's Signature: Date:
Authorized Agent Si Date: to Hm mm
5
Condo Assoc. Rep. Signature: Date:
STATE OF mss ck.C—
COUNTY OF PCJ rA &ate
On this day of -� °tS before me personally appeared Robert 1. Ma.cLaren II to me
known to be the person who executed the foregoing instruments, and acknowledged that he executed the same as his
i
free act and deed.
i
(SEAL) Notary PubrC State of Florida
: Christina M Rowel Notary Public Signature
My Canmiseion EE 155370
o► Expires 12/28x2015
I
Received by the i Town Clerk's Office:
Received By: Date:
Date Public Notices Mailed:
Date Legal Advertisement Published:
31Page
4. For a variance to be favorably considered, the Board must find that the following
four requirements have been met. After each paragraph, state 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 building in the same district;
Special circumstances exist which are peculiar to the boat lift and its
present location. The boat lift was installed at the location authorized
by the appropriate representative of the Town of Highland Beach
("Town ") as evidenced by PERMIT NUMBER: 00019780, a copy of
which is attached hereto. This is consistent with the location reflected
in the Department of Environmental Protection approval in File No.:
50 -0212497 -002 (copy attached) which was submitted to the Town as
a function of the permit application approval process. This has been
confirmed by Greg Valli of Admiral Boat Lifts Marine.
(b) That the special conditions and circumstances do not result from the action
of the applicant;
These special conditions and circumstances do not result from the
actions of the applicant. In contrast, the applicant played no part in
the issuance of the permit or the installation of the boat lift other than
to pay for same. The applicant retained a very responsible contractor
to undertake the installation of the boat lift simply instructed the
contractor to install the boat lift properly consistent with the plans and
regulations.
(c) That granting the variance requested will not confer on the applicant any
special privilege that is denied by this ordinance to other lands, building or
structures in the same district;
The granting of the variance will not confer on the applicant any
special privilege that is denied by the governing ordinances to other
lands, buildings or structures in the same district. The boat lift is in
conformity with the governing regulations as to size and other
applicable criteria other than its location such that the applicant gains
no advantage as a result of the boat lift's location. Most owners of
single family residences adjacent to the Intracoastal Waterway have
boat lifts or other marine facilities that permit the use and enjoyment
of the water. The boat lift has existed at this location for nearly ten
(10) years without impinging upon the quality of life of any surrounding
neighbor or resident of the Town. The mandated removal or
N%..
relocation of the boat lift would result in a great hardship to the
applicant without any corresponding benefit to the Town or its
�-' residents.
(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 this ordinance would deprive the applicant
of the rights commonly enjoyed by other properties in the same
district under the terms of the governing ordinances and would work
unnecessary and undue hardship on the applicant. As indicated
above in response to 4(c), the installation of a boat lift of the size and
capacity of the subject boat lift is authorized by the governing
ordinances of the Town. It would appear that a majority of the owners
of single family residences adjacent to the Intracoastal Waterway
install boat lifts or other marine facilities that enhance the convenient
access to the water. Also as indicated above, the boat lift was
installed in accordance with the PERMIT NUMBER: 00019780. Were
the applicant to be forced to relocate the boat lift from its present
location which was authorized by the building permit in order to
continue enjoying the same benefits as other owners with boat lifts,
this action would result in an unnecessary and undue hardship being
visited upon the applicant.
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Application is hereby = ; a permit to do the 01(and lmt0Ijaft% as vdwW. I ow* t no work or intlallation hag OWWMVW OV to
issua d a permit w*4 ft 41 work will be p*arwd to moat the *x** of 0 laws regulating wagon In No Nftftlm I w*MWKI that
qWnw pwit n* be secured for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS and
AIR CONDITIONERS, ERS, ow, FS: 713,135
APPLICAN A"IDAVIT: I certify that all the foregoing Information Is accurate and that 211 work will be clone In
compliance with all applicable laws regulating construction and zoning.
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STATE OF FL !DA Applicant's Signature:
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WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR
IMPROVEMENTS To YOUR PROPERTY. IF YOU INTEND To OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY
BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT,
HqWW5=Appwwwn(%VTTL1 11/w **v1c0r7-R&MW:ff81,1ZV,Fffl
0375 31
Departmen
Environmental Protection
Southeast District
C ��� 400 N. Congress Ave. Suite 200
jeb Busfi West Palm Beach, Florida 33401 Colleen M. Castille
Governor
Secretary
James Long
2348 S. Ocean Drive
Highland Beach, FL 33487
Re: File No.: 50- 0212497 -002
File Name: Long, James
Dear Mr. Long:
On November 24, 2004, we received your application for an exemption to perform the following activities: (1) to
construct a 6'x 32' (192 sq. ft.) marginal wood dock; (2) install a 24,000 lb., 14'x18' boatlift adjacent to the new
marginal dock; and (3) install a 6,000 lb., 12'x 12' boatlift adjacent to an existing seawall.
The project is located on the Intracoastal Waterway, Class III waters, adjacent to 2348 S. Ocean Drive, Highland
Beach (Section 24, Township 43 S, Range 46 E), in Palm Beach County (26° 19' 38.68 "N, 80° 04' 29.55 "W.
Your application has been reviewed to determine whether it qualifies for any of three lands of authorization that
may be necessary for work in wetlands or waters of the United States. The kinds of authorization are (1) regulatory
authorization, (2) proprietary authorization (related to state -owned submerged lands), and (3) federal authorization.
The authority for review and the outcomes of the reviews are listed below. Please read each section carefully. Your
project may not have qualified for all three forms of authorization. If your project did not qualify for one or more of
the authorizations, refer to the specific section dealing with that authorization for advice on how to obtain it.
1. Regulatory Review. — GRANTED
The Department has the authority to review your project under Part IV of Chapter 373, Florida Statutes (F.S.), Title
62, Florida Administrative Code (RA-C.), and in accordance with operating agreements executed between the
Department and the water management districts, as referenced in Chapter 62 -113, RA-C.
Based on the information you submitted, we have determined that your project to construct a 6'x 32' (192 sq. ft.)
marginal wood dock with an adjacent 24,000 lb., 14'x18' boatlif , and install a 6,000 lb., 12'x 12' boadift adjacent
to an existing- seawall is exempt from the need to obtain a DEP Environmental Resource Permit under Rule 40E-
4.051(3)(c) and Rule 40E- 4.051(3)(a), F.A.C., respectively.
2. Proprietary Review (related to state -owned lands). — NOT REQUIRED
The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees)
and issues certain authorizations for the use of sovereign submerged lands. The Department has the authority to
review your project under Chapters 253 and 258, F.S., Chapters 18 -20 and 18 -21, F.A.C., and Section 62- 343.075,
F.A.C.. `
Your project will not occur on sovereign submerged land. Therefore, pursuant to Chapter 253.77, F.S.,
authorization from the Board of Trustees is not required.
3. Federal Review (State Programmatic General Permit). — GRANTED
Federal authorization for the proposed project is reviewed by DEP'pursuant to an agreement between th r
Department and the U.S. Army Corps of Engineers (Corps). The agreement is outlined in a docum t ,
Coordination Agreement Between the U.S. Army Corps of Engineers and the Florida Department o vironmental
Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899 ctio 4r
u the Clean WaterAct.
TW
"More Protection, Less Process"
Printed on recycled paper.
s
File Name: Long, Jaynes.
FDEP File No. 50- 0212497 -002
Page 2
Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). As shown on the
attached drawings, the proposed project is consistent with the SPGP program. The attached Corps general
conditions apply to your project. No further permitting for this activity is required by the Corps.
The determinations in this letter are based solely on the information provided to the Department and on the statutes
and rules in effect when the application was submitted. The determinations are effective only for the specific activity
proposed. These determinations shall automatically expire if site conditions materially change or if the governing
statutes or rules are amended. In addition, any substantial modifications in your plans should be submitted to the
Department for review, as changes may result in a permit being required. In any event, this determination shall
expire after one year.
This letter does not relieve you from the responsibility of obtaining other permits (federal, state, or local) that may
be required for the project.
NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS
This letter acknowledges that the proposed activity is exempt from ERP permitting requirements under Rule 40E-
4.051(3)(c) and Rule 40E- 4.051(3)(a), F.A.C. This determination is final and effective on the date filed with the
Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under sections
120.569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative hearing
is timely filed, this determination automatically becomes only proposed agency action subject to the result of the
administrative review process. Therefore, on the filing of a timely and sufficient petition, this action will not be
final and effective until further order of the Department. The procedures for petitioning for a hearing are set forth in
the attached notice.
This determination is based on the information you provided the Department and the statutes and rules in effect
when the application was submitted and is effective only for the specific activity proposed. This determination shall
automatically expire if site conditions materially change or the governing statutes or rules are amended. In addition,
any substantial modifications in your plans should be submitted to the Department for review, as changes may result
in a permit being required. In any event, this det shall expire after one year.
Be advised that your neighbors and other parties who may be substantially affected by the proposed activity allowed
under this determination of exemption have a right to request an administrative hearing on the Department's
decision that the proposed activity qualifies for this exemption. Because the administrative hearing process is
designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing
may result in a final determination that the proposed activity is not authorized under the exemption established under
Rule 40E- 4.051(3)(c) and Rule 40E- 4.051(3)(a), F.A.C.
The Department will not publish notice of this determination. Publication of this notice by you is optional and is not
required for you to proceed. However, in the event that an administrative hearing is held and the Department' p
determination is reversed, proceeding with the proposed activity before the time period for requesting an `
administrative hearing has expired would mean that the activity was conducted without the required permit
If you wish to limit the time within which all substantially affected persons may request an administrative hearing,
you may elect to publish, at your own expense, the enclosed notice (Attachment A) in the legal advertisement
section of a newspaper of general circulation in the county where the activity is to take place. A single publication
will suffice.
If you wish to limit the time within which any specific person(s) may request an administrative hearing, you may i
provide such person(s), by certified mail, a copy of this determination, including Attachment A. s ,. tl ?j L
File Name: Long, James
FDEP File No. 50- 0212497 -002
Page 3
For the purposes ofpublication, a newspaper of general circulation means a newspaper meeting the requirements of
sections 50.011 and 50.031 of the Florida Statutes. In the event you do publish this notice, within seven days of
publication, you must provide to the following address proof of publication issued by the newspaper as provided in
section 50.051 of the Florida Statutes. If you provide direct written notice to any person as noted above, you must
provide to the following address a copy of the direct written notice.
Florida Department of Environmental Protection
Southeast District
Submerged Lands & Environmental Resources Program
400 N. Congress Ave., Suite 200
West Palm Beach, FL 33401
If you have any questions, please contact Eric Reusch at 561/681 -6634 or at ericseusch @dep.state.fl.us. When
referring to your project, please use the FDEP file name and number listed above.
Sincerely,
Jayne E. Bergstrom
Environmental Manager
Submerged Lands & Environmental
Resources Program
Enclosures
cc: USACOE — Palm Beach Gardens
Approved Permit Services, Attu. Joe Thomas, 935 N.W. 31 Ave. `D ", Pompano Beach, FL 33069
9
hi
JAN"
PERMIT I
Attachment A File No.: 50- 0212497 -002
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF DETERMINATION OF EXEMPTION
The Department of Environmental Protection gives notice that the project to: (1) construct a 6'x 32' (192 sq. ft.)
marginal wood dock; (2) install a 24,000 Ib., 14'x18' boatlift adjacent to the new marginal dock; and (3) install a 6,000 lb-, 12'x
12' boatlift adjacent to an existing seawall, located on the Intracoastal Waterway, Class III waters, adjacent to 2348 S. Ocean
Drive, Highland Beach (Section 24, Township 43 S, Range 46 E), in Palm Beach County (26 19' 38.68 "N, 80° 04' 29 -55 "W)
has been determined to be exempt from requirements to obtain an environmental resource permit.
A person whose substantial interests are affected by the Department's -action may petition for an administrative
proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set
forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth
Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000.
Mediation is not available.
If a timely and sufficient petition for an administrati ve hearing is filed, other persons whose substantial interests will be
affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will
be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28- 106.205 of the
Florida Administrative Code.
In accordance with rule 62- 110.106(3), F.A.C., petitions for an administrative hearing must be filed within 21 days of
publication of the notice or receipt of written notice, whichever occurs first. Under rule 62- 110.106(4) of the Florida
Administrative Code, a person whose substantial interests are affected by the Department's action may also request an extension
of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an
extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900
Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000 prior to the applicable deadline. A timely request
for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Upon motion by
the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of
excusable neglect, the Department may also grant the requested extension of time.
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing_ The
failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of
that right.
A petition that disputes the material facts on which the Department's action is based must contain the following
information:
(a) The name and address of each agency affected and each agency's file or identification number, if known;
(b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the
petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an
explanation of how the petitioner's substantial interests are or will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact If there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends
reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the
agency's proposed action; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency
to take with respect to the agency's proposed action.
A petition that does not dispute the material facts on which the Department's action is based shall state that no such
facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28- 106.301.
Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing shall l; ° dism�s h
the agency if the petition does not substantially comply with the above requirements or is untimely filed.i i
7
Complete copies of all documents relating to this determination of exemption are available for public inspection a3is&o �(130J L
normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, at the Southeast District office, 400 North Congress u
Avenue, West Palm Beach, Florida. ����
GENERAL CONDITIONS FOR FEDERAL AUTHORIZATION FOR SPGP III -RI
General Conditions
1. The time limit for completing the work authorized ends on June 17, 2005.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms
and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity,
although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should
you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer,
you must obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate the
Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible
for listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature and mailing address of the new
owner in the space provided below and forward a copy of the permit to this office to validate the transfer of this
authorization.
5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to
ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Further Information:
i 1. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal projects.
2. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from
natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on
behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or uupermitted activities or structures caused by the
activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this L
�` din �.
3. Reliance on Applicant's Data: The determination of this office that issuance of this �
is ermit bt contrary to the
p �
public interest was made in reliance on the information you provided. g � c.s JAM C 0 t) '
4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a- You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete,
or inaccurate (see 3 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest
decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring you comply with the terms and conditions of your permit and for the initiation of legal action where
appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to
comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the
terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the
transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have
the transferee sign and date below.
9RANSFEREE- SIGNATURE) (DATE)
(NAME PRINTED)
(ADDRESS)
g b" 9 0-1
�� i�� N IIllll77
000 19 7 0 `'
Manatee Conditions for Federal Authorization
1. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to
avoid collisions with manatees. All construction personnel are responsible for observing water - related activities for the
presence of manatee(s).
2. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or
killing manatees which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of
1973, and the Florida Manatee Sanctuary Act of 1978. The permittee and/or contractor may be held responsible for any
manatee harmed, harassed, or killed as a result of construction activities.
3. Siltation barriers shalt be installed and shall be made of material in which manatees cannot become entangled, shall be
properly secured, and shall be monitored regularly to avoid manatee entrapment. Barriers shall not block manatee entry to
or exit from essential habitat.
4. All vessels associated with the project shall operate at "no wake/idle" speeds at all times while in water where the draft of
the vessel provides less than four feet clearance from the bottom and that vessels shall follow routes of deep water
whenever possible.
5. If a manatee is sighted within 100 yards of the project area, all appropriate precautions shall be implemented by the
permittee/contractor to ensure protection of the manatee. These precautions shall include the operation of all moving
equipment no closer than 50 feet of a manatee. Operation of any equipment closer than 50 feet to a manatee shall
necessitate immediate shutdown of that equipment. Activities will not resume until the manatee(s) has departed the project
area of its own volition.
6. Any collision with and/or injury to a manatee shall be reported immediately to the "Manatee Hotline" at 1- 888 - 404 -FWCC
(1- 888 - 404 - 3922). Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Vero
Beach (1- 561 - 562 -3909) in south Florida.
7. Temporary signs concerning manatees shall be posted nor to and during construction/dredging ' activities. All signs mP azy t� g P prior g leg are to
be removed by the lessee/grantee upon completion of the projects A sign measuring at least 3 feet by 4 feet which reads
Caution: Manatee Area will be posted in a location prominently visible to water related construction crews. A second sign
should be posted if vessels are associated with the construction, and should be placed visible to the vessel operator. The
second sign should be at least 8 1/2 inches by 11 inches which reads:
Caution: Manatee Habitat Idle speed is required if operating a vessel in the construction area. All equipment must
be shutdown if a manatee comes within 50 feet of the operation. A collision with and/or injury to a manatee shall be
reported immediately to the Florida Marine Patrol at 1- 888 - 404 -FWCC (1- 888 - 404 -3922) and the U.S. Fish and
lldlife Service at (1- 561 -562 -3909) for south Florida.
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Page 1 of 1
Location Address 2348 S OCEAN BLVD
Municipality HIGHLAND BEACH
Parcel Control Number 24- 43- 46- 28-44- 000 -0021
Subdivision CAMELOT ON THE ATLANTIC PL 1
Official Records Book 12700 Page 1391
Sale Date JUL -2001
Legal Description CAMELOT ON THE ATLANTIC PL 1 PT OF LT 2, LT 3 & PT OF TRS A -2 & B -2 IN
OR1270OP1391
Owners Mailing address
LONG BRENDA 2348 S OCEAN BLVD
LONG JAMES R & BOCA RATON FL 33487 1808
Sales Date Price OR Book/Page Sale Type Owner
JUL -2001 $4,599,000 12700 / 1391 WARRANTY DEED LONG JAMES R &
FEB -2000 $3,350,000 11633 / 0356 WARRANTY DEED HIGHLAND BEACH ESTATES LAND HOLDINGS INC
MAY -1994 $765,000 08247/1136 WARRANTY DEED
MAY -1994 $615,000 08247 /1099 WARRANTY DEED
OCT -1988 $100 05861 /1052 WARRANTY DEED
�2
Exemption Applicant/Owner Year Detail
LONG JAMES R & 2015
Number of Units 1 *Total Square Feet 11284 Acres 0.3966
Use Code 0100 - SINGLE Zoning RS - Residential Single Family ( 24- HIGHLAND
FAMILY BEACH)
Tax Year 2014 2013 2012
Improvement Value $2,327,771 $1,939,203 $0
Land Value $1,348,563 $1,225,966 $0
Total Market Value $3,676,334 $3,165,169 $0
All values are as of January 1 st each year
Tax Year 2014 2013 2012
Assessed Value $2,978,478 $2,934,461 $0
Exemption Amount $50,000 $50,000 $0
Taxable Value $2,928,478 $2,884,461 $0
Tax Year 2014 2013 2012
Ad Valorem $56,948 $56,738 $o
Non Ad Valorem $175 $174 $0
Total tax $57,123 $56,912 $0
U
http: / /www.pbcgov.com/ papa / Asps/ PropertyDetail/PropertyDetail .aspx ?parcel= 2443462844... 4/8/2015
Date Printed 04 /16/2015 The Palm Beach P QaS.x. o rder 407849
_ Time Printed-99ISE•`AA , -• The �c — n - Page 3-df 4- - �•
Real News Starts Here
RECEIPT
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, May 12, 2015 at
9:30 AM to consider the following:
REQUEST SUBMITTED BY JAMES R.
AND BRENDA A. LONG FOR A VARI-
ANCE REQUEST FOR PROPERTY LO-
CATED AT 2348 SOUTH OCEAN BLVD.,
HIGHLAND BEACH, FLORIDA REQUEST-
ING THE FOLLOWING:
APPLICATION #37531 — RELIEF FROM
HIGHLAND BEACH CODE OF ORDI-
NANCES SECTION 30 -68 (g)(6)(d)(1),
THAT STATES A MARINE FACILITY (LIFT-
ING DEVICE), SHALL BE SET BACK AT
LEAST 25 FEET FROM SIDE LOT LINES.
Application is available for public in-
spection 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 Adjust-
ment & Appeals made at this meeting
with respect to any matter considered,
you will need a record of the proceed-
ings and, for such purposes, you may
need to ensure that a verbatim record
of the proceedings is made, which re-
cord includes the testimony and evi-
dence upon which the appeal is based.
Valerie Oakes, CMC
Town Clerk
PUB: The Palm Beach Post
5 -1/ 2015 #407849
COXMedia Group
A Division of COX Enterprises, Inc.
Friday, April 24, 2015
CERTIFICATE OF MAILING
This is to certify that on Friday. April 24, 2015 the Town of Highland Beach mailed a
copy of the attached Notice of Public Hearing for the property located at 2348 S. Ocean
Blvd., Highland Beach, Florida, to the attached list. This mailing consisted of 8 notices.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 24 day of April
2015.
Valerie Oakes, Town erk
Town of Highland Beach
***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before me this 24 day of April 2015 personally appeared Valerie Oakes, 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:
ROSAUE DEMARTINO
My COMMISSION # FF2165W
''FO :it4 EXPIRES April 04. 2019
a� JS" FtondaNO;aySennee.cur
Notary Public — State of Florida
Board of Adjustment Variance Application
2348 S. Ocean Blvd.
On Friday, April 10 at 9:45 AM, I contacted the Property Appraiser's Office in West Palm Beach (561-
355 -2866) regarding the parcel located between 2220 S. Ocean Blvd. and 2332 S. Ocean Blvd in Highland
Beach. I was told the property was confidential and no information could be forwarded tome.
Rosalie DeMartino
i
Page 1 of 1
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htt p: / /www.pbcgov.com/ papa / gisprint/ customPrinting /papaPrintService_GPServe ags — d2... 4/8/2015
The Palm Bead Pbst
am ST m e
Palm Bead Daily Nees
TOWN OF HIGHLAND BEACH PROOF OF
PUBLICATION STATE OF FLORIDA COUNTY OF
TOWN OF HIGHLAND BEACH PALM BEACH Before the undersigned authority
NOTICE OF PUBLIC HEARING personally appeared Tiffani Everett, who on oath
BOARD OF ADJUSTMENT & APPEALS says that she is Call Center Legal Advertising
Representative of The Palm Beach Post, a daily and
The Board of Adjustment & Appeals Sunday newspaper, published at West Palm Beach
of the Town of Highland Beach will in Palm Beach County, Florida; that the attached
conduct a Public Hearing in the Town
Hall Commission Chambers located at copy of advertising for a Notice was published in said
3614 S. Ocean Blvd., Highland Beach, newspaper on First date of Publication 05/01/2015
FL 33487 on Tuesday, May 12, 2015 at and last date of Publication 05/01/2015 Affiant further
9:30 AM to consider the following: says that the said The Post is a newspaper published
REQUEST SUBMITTED BY JAMES R. at West Palm Beach, in said Palm Beach County,
AND BRENDA A. LONG FOR A VARI- Florida, and that the said newspaper has heretofore
ANCE REQUEST FOR PROPERTY LO- been continuously published in said Palm Beach
CATED AT 2348 SOUTH OCEAN BLVD.,
HIGHLAND BEACH, FLORIDA REQUEST- County, Florida, daily and Sunday and has been
ING THE FOLLOWING: entered as second class mail matter at the post office
in West Palm Beach, in said Palm Beach County,
APPLICATION - RELIEF FROM Florida, for a period of one year next preceding the
HIGHLAND BEA CC CODE OF ORDI-
NANCES SECTION 30 -68 (g)(6)(d)(1), first publication of the attached copy of advertisement;
THAT STATES A MARINE FACILITY (LIFT- and affiant further says that she /he has neither paid
ING DEVICE), SHALL BE SET BACK AT nor promised any person, firm or corporation any
LEAST 25 FEET FROM SIDE LOT LINES. discount rebate, commission or refund for the purpose
Application is available for public in- of securing this advertisement for publication in the
spection at the Town Clerk's Office, said newspaper. Also published in Martin and St.
3614 S. Ocean Blvd., Highland Beach, Lucie Counties. NOTICE OF PUBLIC HEARING Ad
Florida during normal business hours ID: 785366 Ad Cost: 165.12
- Monday - Friday from 8:30 AM to
4:30 PM.
Any person who decides to appeal the
decision made by the Board of Adjust -
ment & Appeals made at this meeting
with respect to any matter considered,
you will need a record of the proceed-
ings and, for such purposes, you may
need to ensure that a verbatim record
of the proceedings is made, which re-
cord includes the testimony and evi-
dence upon which the appeal is based.
Valerie Oakes, CMC
Town Clerk
PUB: The Palm Beach Post
5-1/ 2015 #407849
Zp,RIAI
KARIE BELL
_ NOTARY PUBLIC
A.. = STATE OF OHIO
'Comm. ril
A 12
Expires
Sworn to and subscribed before 05/06/2015. p , 2020
,.�
Who is personally known to me. �'/�S
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