Adjustment Hearing Case Files_3621 S. Ocean Blvd._20150902_Petition No. 38044 TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT AND APPEALS
DECISION ON PETITION FOR VARIANCE
Petition No. 38044 Public Hearing Date: 09 -02 -2015
Town Code Section 30 -68 (u)(4)(a)(c)(1)
Petitioner Richard Jones Architecture
Property Address 3621 South Ocean Blvd., Highland Beach, FL 33487
In the above numbered Petition, by vote as shown in the official minutes and recorded on
the form, it was determined and ordered that the requested variance be granted [X];
denied [ ]; granted subject to the following conditions and safeguards [ ]:
In reaching its decision and order, the Board has found/has not found in the case of the
above numbered Petition that:
1. Special conditions and circumstances exist which are peculiar to the land, structure
or building involved, and which are not applicable to other lands, structures or buildings
in the same district.
2. The special conditions and circumstances do not result from the action of the
applicant.
3. Granting the variance requested will not confer on the applicant any special privilege
that is denied by the ordinance to other lands, structures or buildings in the same district.
4. Literal interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same district under the terms of the
ordinance, and would work unnecessary and undue hardship on the applicant.
5. The reasons set forth in the applicant's petition justify the granting of the variance,
and the variance granted is the minimum reasonable variance that will make possible the
reasonable use of land, structure or building.
6. Granting of the variance will be in harmony with the general purpose and intent of the
ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the
public welfare.
Chapter 30, Zoning Code /Article III; Sec. 30- 40(h): A variance, when implemented in
accordance with the approval granted by the Board of Adjustment and Appeals, shall run
with the land in perpetuity. Unless a lesser time is approved by the Board of Adjustment
and Appeals, a variance that is not implemented shall expire eighteen (18) months
following approval. Extensions of variance approvals shall not be granted by the Board
of Adjustment and Appeals.
Town of Highland Beach
Board of Adiustment and Appeals Page 2
Decision on Petition for Variance (& 3621 South Ocean Blvd. and Section 30 -68
(u)(4)(a)(c)(1)
SIGNATURES WRITE "FOR" O "AGAINST" PETITION
1 A
Barry Donaldson, Chair
Barry Axelrod, Vice Chair
Evelyn Weiss, Secretary
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Bryan Perilman, Member �"� --t- -- fi r✓`
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Joel Leinson, Member
1
Peter Rodis, Member
Edward Neidich, Member
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Attest: �C�.�vu%�a -� Date:
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, Town Clerk Date: August 04, 2015
Application No: #38044 Applicant /Owner: Owner -3621 South Ocean Boulevard
LLC /Applicant- Richard ]ones Architecture
Property Address: 3621 South Ocean Boulevard, Highland Beach, Fl. 33487
Submit Application: Board of Adjustment and Appeals
Application Type: Petition for Variance, RML (Multi- family, Residential, Low Density) Zoning
District, - installation of A/C condensing units on /at roof line for each dwelling unit. Six (6)
dwelling units total.
REVIEW GIVEN TO; �URIECT PROPERTY',
Description of Application:
Applicant is requesting relief from the Town of Highland Beach Zoning Ordinance, Section 30 -68(u)
(4) (a) (c) (1).
THE BUILDING OFFICIAL HAS REVIEWED THE ABOVE MATTER DATED August 04, 2015 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
governmental agencies.
Plans do not meet Town of Highland Beach Zoning requirements.
Recommendation:
The Highland Beach Code of Ordinances Section 30 -68(u) (4) (a) (c) (1) Compliance. 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.
(Mechanical features are considered exceptions to height limitations include air conditioning
equipment). Et al. (c) (1) 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. Et al. On revised plans, the Architect has shown an elevator housing and
parapet walls for each dwelling unit.
PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, i.e.,
CH DULE HEARING, TRANSMIT TO QUASI- JUDICIAL BOARD, ETC.
Michael Desorcy, Building Official
f
y
•. TOWN OF HIGHLAND BEACH JUL 2 9 2015
JUSTMENT & APPE S
HIGHLAND BEACH
• .• NCE PETITION BUILDING DEPARTMENT
Petition # Fees Paid/Receipt No. #
Date Set for Publi
Note: Ordinance No. 442 Fees: Variance and/or Appeal to Board of Adjustment & Appeals are $500.00.
Name: - -0, � G Y� L Phone: Fax:
Mailing Address: p� C � v / , �� /'-/X �/ V ,
Email Address:
Name: ]�-1clnai -c>jo r es .,A .-fe '� Phone: J 7 9 1 &b Fax:
Mailing Address: Zi C4j (2-121 AI-c-H i - i E"C'r%;; 2 e , Grid"
Email Address: 10 15 i e 4 �
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:
pROPERT INFORMAI0N ASSOCIATED (NT€ TD€S FETYTI4N
Address: Z i So i* dGe4 Subdivision:
PCN: Lot Size:
Zoning District: Present Use:
1. Present Structures (typ .•
:5 F H005c - +0 1 Jc--
2. The proposed use will be:
3. If this petition is granted, the effect will be to (brief description - i.e. to reduce side yard from 7' to 2'):
AL-L'o w AI C, v v A-5 +o 6e- iL4ov eA v1 � r — Ke► 4 w , 11 b e sccee-
4. For a variance to be favorably considered, the Board must find that the following four requirements have Ib V
been met. After each paragraph, state fully your reasons justifying the granting of this variance. P4.2 a -r'
(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;
(b) That
` the special conditions and circumstances do not result from the actions of the applicant;
k 5Q b L CaR�io
(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;
l..tJ22�GT F—At'j"% W.A'LlaleeS -460a I>-- a le -,"ej b4ScA
iA-4 e- 2-,+ d 5 r 'v cC. -, n .+ C--'s
(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 teams of this ordinance and would
work unne and undue hardship / on , the applicant. ^� �1
ri p ot. -o Q Y h 4o � 6e -n � Ar +� S 1n 4 1 1 - 4 '` y&s t a n
+�t S�M� �iS'T2 +LT'.
5. Has any previous applica ' n or appeal been files within the last year in connection with these premises?
(YES) (NO) 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) (NO)
(Initial) L 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) (NO)
2 1Page
1
(Initial) I, the petitioner, has read the Town of Highland Beach Code of Ordinances, Sections 30-40:
Variances & Interpretations for code requirements. (YES) (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 ust supply au o ' ed agent notarized letter attesting to same.* ***
Property Owner's Signature: Date: 7 12
Authorized Agent Signature: Date:
Condo Assoc. Rep. Signature: Date:
STATE OF /' PE1 IAA
COUNTY OF AW 66AM
Z J �- _
On this � day of U before me personally appeared leICN jlxe -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.
EUMETH KOIOWICH
(SEAL) W COWISSION # EE 84M
EXPIRES: June 2s, zoos Notary blic Signature
� bonded Thfu Ndsy Public W*ffift"
Received by the Town Clerk's Office: i
Received By: �� �- I �1 Date:
Date Public Notices Mailed: Vx�
Date Legal Advertisement Published: " Q
__ - -- 3 l 1' a ,e
Page 1 of 1
Gary R. NiOlits� CFA
-Ho Exemption
Property.ApprAlser
jilit
Pal 3s�ach Cournty - -
Location Address 3621 S OCEAN BLVD
Municipality HIGHLAND BEACH
Parcel Control Number 24- 43- 47- 04 -00- 001 -0170
Subdivision
Official Records Book 27165 Page 505
Sale Date OCT -2014
Legal Description 4- 47 -43, N 200 FT OF GOV LT 1 LYG E OF SR Al A, W OF HIGH WATER LI OF
ATLANTIC OCEAN & BEING PT OF CITY LT *71
- -- -- Mailing address
Owners 168 BEACON ST APT 2
.36 SOUTH OCEAN BLVD LLC _ BOSTON MA 02116 1401
Sales Date Price OR Book /Page Sale Type Owner
NOV -2014 $7,550,000 27165/ 0507 WARRANTY DEED 3621 SOUTH OCEAN BLVD LLC
OCT -2014 $10 27165 /0505 QUIT CLAIM 3621 SOUTH OCEAN BLVD LLC
MAR -2014 $0 26678/ 1966 CERT OF TITLE US BANK NATL ASSN TR
FEB -2014 $902,200 26593 /0191 CERT OF TITLE US BANK NATL ASSN TR
OCT -2008 $2,150,000 22885/ 1 167 CERT OF TITLE RAP KNIFORE LLC
�2
No Exemption Information Available.
N�
Number of Units 1 *Total Square Feet 10972 _ Acres 0.8057
Use Code 0100 - SINGLE Zoning RML - Multi - Family Low - Density ( 24- HIGHLAND
FAMILY BEACH )
Tax Year � 2014 2013 � 2012
Improvement Value $1,338,298 $930,383 $689,1581
Land Value $4,843,875 $4,702,800 $4,275,300
Total Market Value $6,182,173 $5,633,183 $4,964,458
All values are as of January 1 st each year
— Tax Year �— — 2014 2013 2012 u
Assessed Value $6,006,994 $5,460,904 $4,964,458
Exemption Amount $0 $0 $0
T Value $6,006,994 $5,460,904 $4,964,458
Tax Year - -v -- 2014 � 2013 --- - - - -�— 2012
Ad Valorem $117,754 $108,366 $99,045
Non Ad Valorem $175 $174 $174
To tal tax _ _ $117,929 _ ^_ $108,540 $99,219
u
http: / /pbcgOV -COM/ papa / Asps/ PropertyDeta .il/PropertyDetail.aspx ?parcel= 24434704000010... 8/4/2015
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TOWN OF HIGHLAND BEACH
NOTICE OF PUBLIC HEARING
BOARD OF ADJUSTMENT & APPEALS
The Board of Adjustment & Appeals of the Town of Highland Beach will conduct a Public Hearing
in the Town Hall Commission Chambers located at 3614 S. Ocean Blvd., Highland Beach, FL
33487 on Wednesday, September 2, 2015 at 9:30 AM to consider the following:
REQUEST SUBMITTED BY RICHARD JONES ARCHITECTURE FOR
A VARIANCE REQUEST FOR PROPERTY LOCATED AT 3621 SOUTH
OCEAN BLVD., HIGHLAND BEACH, FLORIDA REQUESTING THE
FOLLOWING:
APPLICATION #38044 — RELIEF FROM HIGHLAND BEACH CODE OF
ORDINANCES SECTION 30 -68 (u)(4)(a)(c)(1), THAT STATES TWO
EXCEPTIONS ARE ALLOWED TO BUILDING HEIGHT PER
DWELLING UNIT. APPLICANT IS REQUESTING TO ALLOW AN
ADDITIONAL EXCEPTION TO BUILDING HEIGHT FOR THE
INSTALLATION OF AIR CONDITIONING CONDENSING UNITS
ON /AT ROOF LINE FOR EACH DWELLING UNIT. SIX (6) DWELLING
UNITS TOTAL.
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.
Patrice Robinson, CMC
Deputy Town Clerk
Published Saturday, August 22, 2015 in Palm Beach Post
TOWN OF HIGHLAND BEACH
NOTICE OF PUBLIC HEARING
BOARD OF ADJUSTMENT & APPEALS
The Board of Adjustment & Appeals of the Town of Highland Beach will conduct a Public Hearing
in the Town Hall Commission Chambers located at 3614 S. Ocean Blvd., Highland Beach, FL
33487 on Wednesday, September 2, 2015 at 9:30 AM to consider the following:
REQUEST SUBMITTED BY RICHARD JONES ARCHITECTURE FOR
A VARIANCE REQUEST FOR PROPERTY LOCATED AT 3621 SOUTH
OCEAN BLVD., HIGHLAND BEACH, FLORIDA REQUESTING THE
FOLLOWING:
APPLICATION #38044 — RELIEF FROM HIGHLAND BEACH CODE OF
ORDINANCES SECTION 30 -68 (u)(4)(a)(c)(1), THAT STATES TWO
EXCEPTIONS ARE ALLOWED TO BUILDING HEIGHT PER
DWELLING UNIT. APPLICANT IS REQUESTING TO ALLOW AN
ADDITIONAL EXCEPTION TO BUILDING HEIGHT FOR THE
INSTALLATION OF AIR CONDITIONING CONDENSING UNITS
ON /AT ROOF LINE FOR EACH DWELLING UNIT. SIX (6) DWELLING
UNITS TOTAL.
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.
Patrice Robinson, CMC
Deputy Town Clerk
This notice to be mailed certified mail return receipt on Monday, August 17, 2015, 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.
Date Printed 08/17/2015 The Palm Beach Post Order 466440
Time Printed 12:21 PM Page 3 of 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 Wednesday, September
2, 2015 at 9:30 AM to consider the fol-
lowing:
REQUEST SUBMITTED BY RICHARD
JONES ARCHITECTURE FOR A VARI-
ANCE REQUEST FOR PROPERTY LO-
CATED AT 3621 SOUTH OCEAN BLVD.,
HIGHLAND BEACH, FLORIDA REQUEST-
ING THE FOLLOWING:
APPLICATION #38044 — RELIEF FROM
HIGHLAND BEACH CODE OF ORDI-
NANCES SECTION 30 -68 (u)(4)(a)(c)
(1), THAT STATES TWO EXCEPTIONS
ARE ALLOWED TO BUILDING HEIGHT
PER DWELLING UNIT. APPLICANT IS RE-
QUESTING TO ALLOW AN ADDITIONAL
EXCEPTION TO BUILDING HEIGHT FOR
THE INSTALLATION OF AIR CONDITION-
ING CONDENSING UNITS ON /AT ROOF
LINE FOR EACH DWELLING UNIT. SIX (6)
DWELLING UNITS TOTAL.
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.
Patrice Robinson, CMC
Deputy Town Clerk
PUB: The Palm Beach Post
8-22/2015 #466440
COXMedia Group
A Division of COX Enterprises, Inc.
Tire Palm Beads Past
REAL KM STARTS HE
Palm Beach Daily News
TOWN OF HIGHLAND BEACH PROOF OF
PUBLICATION STATE OF FLORIDA COUNTY OF
PALM BEACH Before the undersigned authority
TOWN OF HIGHLAND BEACH
NOTICE OF PUBLIC HEARING personally appeared eared Tiffani Everett, who on oath
BOARD OF ADJUSTMENT&APPEALS says that she is Call Center Legal Advertising
The Board of Adjustment & Appeals Representative of The Palm Beach Post, a daily and
of the Town of Highland Beach will Sunday newspaper, published at West Palm Beach
conduct a Public Hearing in the Town in Palm Beach County, Florida; that the attached
Hall Commission Chambers located at y
3614 S. Ocean Blvd., Highland Beach, copy of advertising for a Notice was published in said
FL 33487 on Wednesday, September newspaper on First date of Publication 08/22/2015
2,2015 at 9:30 AM to consider the fol-
lowing: and last date of Publication 08/22/2015 Affiant further
REQUEST SUBMITTED BY RICHARD says that the said The Post is a newspaper published
JONES ARCHITECTURE FOR A VARI- at West Palm Beach, in said Palm Beach County,
ANCE REQUEST FOR PROPERTY LO- Florida, and that the said newspaper has heretofore
CATED AT 3621 SOUTH OCEAN BLVD.,
HIGHLAND BEACH, FLORIDA REQUEST- been continuously published in said Palm Beach
ING THE FOLLOWING: County, Florida, daily and Sunday and has been
APPLICATION #38044 - RELIEF FROM entered as second class mail matter at the post office
HIGHLAND BEACH CODE OF ORDI- in West Palm Beach, in said Palm Beach County,
NANCES SECTION 30-68 (u)(4)(a)(c)
(1), THAT STATES TWO EXCEPTIONS Florida, for a period of one year next preceding the
ARE ALLOWED TO BUILDING HEIGHT first publication of the attached copy of advertisement;
PER DWELLING UNIT.APPLICANT IS RE-
QUESTING TO ALLOW AN ADDITIONAL and affiant further says that she/he has neither paid
EXCEPTION TO BUILDING HEIGHT FOR nor promised any person, firm or corporation any
THE INSTALLATION UN AIR CONDITION- discount rebate, commission or refund for the purpose
CONDITION-
ING CONDENSING UNITS ON/AT ROOF p p
LINE FOR EACH DWELLING UNIT. SIX(6) of securing this advertisement for publication in the
DWELLING UNITS TOTAL. said newspaper. Also published in Martin and St.
Application is available for public in- Lucie Counties. Notice of Public Hearing Ad ID:
spection at the Town Clerk's Office, $$9496 Ad Cost: 192.64
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.
Patrice Robinson, CMC
Deputy Town Clerk
PUB:The Palm Beach Post
8-22/2015 #466440
JUSTIN PETERSON,Notary Public
ed In and for the State of Ohio
,..; zz My Commission Expires July 31,2019
Sworn to and subscribed or
(6
Who is personally known e. .;yC,��```, .
Page 1 of 1 4/14/2015
Property Appraiser GIS- Resource Accounting Report
Total Label Count: 166 JUL 2 9 2015
Total Line Print Count: 928 - HIGHLAND BEACH
PE^ w /1 IT BUILDING DEPARTMENT
0380 `k
NUMBER
1
3614 South Ocean Blvd.
Q� Gm Receipt Number: RCPT2015-1319
Highland Beach, Fl 33487
�
561-278-4540
ft ape'
Payer/Payee: 3621 SOUTH OCEAN BLVD. LLC Cashier: CHOLLAND Date: 08/03/2015
3621 S. OCEAN BLVD.
HIGHLAND BEACH FL 33487
38044 BUILDING 3621 S.OCEAN BLVD
Fee Description Fee Amount Amount Paid Fee Balance
Board of Adjustment Fee $500.00 $500.00 $0.00
$500.00 $500.00 $0.00
TOTAL PAID: $500.00
Payment Method Reference Payment Amount
Number
CHECK 100 $500.00
Total: $500.00
Printed 08/03/2015 13:22:00 by Carol Page 1 of 1