Adjustment Hearing Case Files_4314 Tranquility Dr._20151215_Petition No. 38313 TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT AND APPEALS
DECISION ON PETITION FOR VARIANCE
Petition No. 38313 Public Hearing Date: December 15, 2015
Town Code 30-68 (t)(1)(a)
Petitioner Roger Brown
Property Address 4314 Tranquility Drive, 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 Adjustment and Appeals Page 2
Decision on Petition for Variance nn, 4314 Tranquility Drive, Highland Beach, FL
33487 and Section 30-68 ((f)(1)(a)
SIGNATURES WRITE "FOR" OR"AGAINST" PETITION
Barry Donaldson, ChairZ
Barry Axelrod, Vice Chair 4ta'-'�'O�
Evelyn Weiss, Secretary
Bryan Perilman, Member P 5 eni
Joel Leinson, Member
Peter Rodis, Member
Edward Neidich, Member
r,
Attest: " 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: November 18, 2015
Application No: #38313 Applicant/Owner: Mr. Roger Brown Owner/Applicant
Property Address: 4314 Tranquility Drive, 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
(f)(1)(a), that states a swimming pool, shall be set back at least ten (10) feet from rear lot lines.
THE BUILDING OFFICIAL HAS REVIEWED THE ABOVE MATTER DATED November 18, 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.
C Plans do not meet Town of Highland Beach Zoning requirements.
Recommendation:
The application/petition with supporting documents show a lot width of 100 linear feet, and lot depth
of 110 linear feet. The applicant is requesting a variance from Code Section 30-68 (f) on application
This code section 30-68 (f) also has requirements that includes pools pool decks, cabanas
prohibited pools, pool barriers, and pool buffering. Highland Beach Code of Ordinance Section 30-68
(f)(1)(a) states—Swimming pools must be set back at least ten (10) feet from rear or side lot lines
Applicants request is to reduce rear pool setback to five (5) feet from rear property line
Rt;EAS� TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, i.e.,
SCHEDULE HEARING, TRANSMIT TO QUASI-JUDICIAL BOARD, ETC.
Y
Michael Desorcy, EQ (ding Official
......................................................................i
CLERK'S OFFICE USE Oft n Date Received: i
Date of Hearing/Regular Meeting: f t�►' '(5J�901S
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OCT 3 0 2015 OCT 27 2015
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- BOARD OF ADJUSTMENT & APPEALS
VARIANCE PETITION
Petition# Fees Paid/Receipt No.#
Date Set for Public
Note: Ordinance No.442 Fees: Variance and/or Appeal to Board of Adjustment&Appeals are$500.00.
PROPERTY OWNER INFORMATION
Name:Roger Brown Phone:561-302-6086 Fax 561- 2-8500
Mailing Address:4314 Tranquility Dr.Highland Beach,FL 33487
Email Address: Roger3265@aol.com
AUTHORIZED AGENT
Name: Roger Brown Phone•561-302-6086 Fax:561-892-8500
Mailing Address: 840 Coventry St.Boca Raton,FL 33487
Email Address:Roger3265@aol.com
y
The owner/authorized agent requests that a determination be made by the Board of Adjustment & Appeals of the
Town of Highland Beach for the following variance under section 1=6 (l)Supplemental District Regulations
of Chapter 30 of the Code of Ordinances of the Town of Highland-$each:._The criptipn of the subject property is
as follows:
PROPERTY INFORMATION ASSOCIATED WITH THIS PETITION
Address: 4314 Tranquility Dr.Highland Beach,FL 33487 Subdivision: Bel Lido Isle
PCN: Lot Size: 100'X 110°
Zoning District: Present Use: Residential
1. Present Structures(type):
Single Family Home
2. The proposed use will be:
Single Family Home
3. If this petition is granted, the effect will be to(brief description—i.e. to reduce side yard from 7' to 2'):
Reduce set back to 5 feet from rear property line, 14 feet from the western edge of the new dock/deck to be built.
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
_ y �
involved and which are not applicable to other lands,structures tar Puil4iag rl-tte=�sar�eyistrict;
The request for the pool set back change is due to the poor soil conditions aqt�a eit 'ss ve riut er'�` Aings-needed to support
the house and the rear balconies. As a consequence,the ultimate architectural esign IeTt a very narrow 8 foot wide pool.
If the pool is placed where proposed,5 feet off the rear property line,it will be 14 feet from the western edge of the new dock that is
replacing the existing dock locatedin the same location.
(b) That the special conditions and circumstances do not result from the actions of the applicant;
The special conditions and circumstances do not result from the applicants actions. The poor soil conditions and an excessive
amount of pilings necessary to support the home and balconies create the need for the variance.
(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;
In conducting a search of records of this board we found three previous approvals for pools to be closer to the property line.
1087 Bel Lido Dr.(7/11/05),4307 Intracoastal Dr.(3/1/05)and 4320 Tranquility Dr.(9/21/10). The granting of this variance
will not confer any special privilege upon the applicant. The existing wooden dock is 5 feet from the western edge of the
seawall and will be replaced with a concrete more secure and safe dock and deck.
(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 conducting a search of records of this board we found three previous approvals for pools to be closer to the property line.
1087 Bel Lido Dr.(7/11/05),4307 Intracoastal Dr.(3/1/05)and 4320 Tranquility Dr.(9/21/10).It would cause an undue hardship
upon the applicant due to the poor soil conditions and the excessive amount of pilings necessary to support the home and
balconies.
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
t e affected property, excluding property owned by the applicant has been provided. (Notification distances
sh l 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)
211-1a
(Initial)1. the petitioner, has read the Town of Highland Beach Code 6f' i'dancc�s;.Stcri 3 40:
V riances& 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 aut�rized agent notarized letter attesting to same.***
Property Owner's Signaturef�. LT 'L Date:
Authorized Agent Signature: i Date:
L.'
Condo Assoc. Rep. Signature: Date:
STATE OF
COUNTY OFJ
On thi iv �) day of ry �`� - before me personally appeared 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.
(SEAL)
Notary Pu lic§ignature
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Received by the Town Clerk's Office:
Received By: c; J _k_, } Date:
Date Public Notices Mailed: x -
Date Legal Advertisement Published: x r
31
Page 1 of 1
--------------------- ------------
,�a'�""`�Ooy� Gary R. Nikoiits,CFA Homestead Exemption
Property Appraiser
Palm beach County
WA
Location Address 4314 TRANQUILITY DR
Municipality HIGHLAND BEACH
Parcel Control Number 24-43-47-04-02-003-0060
Subdivision BEL LIDO IN
Official Records Book 27793 Page 1123
Sale Date SEP-2015
Legal Description BEL LIDO LT 6 BILK 3
Mailing address
Owners
840 COVENTRY 5-1
3ROVVN ROGER
30CA BATON <L 33487 3107
Sales Date Price OR Book/Page sale rvr)e Owner
SEP-201 3 32,525,000 27793/ 1123 V1J',RRAN `( FEED 3ROWN ROGER
JUN-2015 $10 27667/ 1107 WARRANT,/DEED CEI-NANOA..LiCEi
AN-2007 S2,1 50,000 21352/0065 '01ARRAN TY DEED CELEii T AINO VINz- L 2,
DEC-2000 3;1 0 12416/ 1856 VVAiRRAN T n( DEED PE't(NY MIL=SIA TR
;'JL-1 996 11,220,000 09374/0054 WARRANTY DEED
12
Exemption Applicant/Owner Year Detail ff
C=LENTANO VINCENT L LR, 2015
Number of Units 1 *Total Square Feet 7818 Acres 0.2525
Use Code 0100-SINGLE Zoning RS-Residential Single Family(24-HIGHLAND
FAMILY BEACH)
Tax Year 2015 2014 2013
Improvement Value $1,180,640 $953,700 $907,939
Land Value $848,616 $750,988 $682,716
Total Market Value $2,029,256 $1,704,688 $1,590,655
All values are as of January 1 st each year
Tax Year 2015 2014 2013
Assessed Value $1,487,437 $1,475,632 $1,453,825
Exemption Amount $50,000 $50,000 $50,000
Taxable Value $1,437,437 $1,425,632 $1,403,825
Tax Year 2015 2014 2013
Ad Valorem $27,043 $27,820 $27,711
Non Ad Valorem $170 $175 $174
Total tax $27,213 $27,995 $27,885
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Monday,November 30, 2015
CERTIFICATE OF MAILING
This is to certify that on Monday,November 30, 2015 the Town of Highland Beach
mailed a copy of the attached Notice of Public Hearing for the property located at 4314
Tranquili , Drive, Highland Beach, Florida, to the attached list. This mailing consisted
of 33 notices.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 30th day of
November 2015.
Patrice Robinson, Deputy Town Clerk
Town of Highland Beach
************************************************************************
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before me this 30th day of November 2015 personally appeared Patrice Robinson,
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:
;p�!'""'i ;: ROSAM OERURTINO
MV COMMISSION 8 FF216560
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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 Tuesday,December 15,2015 at 9:30 AM to consider the following:
REQUESTS SUBMITTED BY ROGER BROWN FOR TWO (2)
VARIANCE REQUESTS FOR PROPERTY LOCATED AT 4314
TRANQUILITY DRIVE,HIGHLAND BEACH, FLORIDA REQUESTING
THE FOLLOWING:
APPLICATION #38312 - RELIEF FROM THE HIGHLAND BEACH
ZONING ORDINANCE, SECTION 30-68 (g)(6)(d)(1), THAT STATES A
MARINE FACILITY (DOCK) SHALL BE SET BACK AT LEAST
TWENTY-FIVE(25)FEET FROM SIDE LOT LINES.THE APPLICANT'S
REQUEST IS TO REDUCE THE DOCK SETBACKS TO FIFTEEN (15)
FEET FROM THE SIDE PROPERTY LINE.
APPLICATION #38313 — RELIEF FROM THE HIGHLAND BEACH
ZONING ORDINANCE, SECTION 30-68 (f)(1)(a), THAT STATES A
SWIMMING POOL SHALL BE SET BACK AT LEAST TEN (10) FEET
FROM REAR LOT LINES. THE APPLICANT'S REQUEST IS TO
REDUCE THE REAR POOL SETBACK TO FIVE(5)FEET FROM REAR
PROPERTY LINE.
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, November 30, 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.
TOWN OF HIGHLAND BEACH
NOTICE OF PUBLIC HEARING
BOARD OF ADJUSTMENT & APPEALS
The Board of Adjustment&Appeals of the Town of Highland Beach will conduct a Public Hearing
in the Town Hall Commission Chambers located at 3614 S. Ocean Blvd., Highland Beach, FL
33487 on Tuesday,December 15,2015 at 9:30 AM to consider the following:
REQUESTS SUBMITTED BY ROGER BROWN FOR TWO (2)
VARIANCE REQUESTS FOR PROPERTY LOCATED AT 4314
TRANQUILITY DRIVE, HIGHLAND BEACH, FLORIDA REQUESTING
THE FOLLOWING:
APPLICATION #38312 - RELIEF FROM THE HIGHLAND BEACH
ZONING ORDINANCE, SECTION 30-68 (g)(6)(d)(1), THAT STATES A
MARINE FACILITY (DOCK) SHALL BE SET BACK AT LEAST
TWENTY-FIVE(25)FEET FROM SIDE LOT LINES. THE APPLICANT'S
REQUEST IS TO REDUCE THE DOCK SETBACKS TO FIFTEEN (15)
FEET FROM THE SIDE PROPERTY LINE.
APPLICATION #38313 — RELIEF FROM THE HIGHLAND BEACH
ZONING ORDINANCE, SECTION 30-68 (f)(1)(a), THAT STATES A
SWIMMING POOL SHALL BE SET BACK AT LEAST TEN (10) FEET
FROM REAR LOT LINES. THE APPLICANT'S REQUEST IS TO
REDUCE THE REAR POOL SETBACK TO FIVE(5)FEET FROM REAR
PROPERTY LINE.
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, December 5, 2015 in Palm Beach Post
The Palm Beach Pvst
REAL KIM MM HER
Palm Bea(h Daily News
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
The Board of Adjustment&Appeals of Representative of The Palm Beach Post, a daily and
the Town of Highland Beach will con-
duct a Public Hearing in the Town Hall Sunday newspaper, published at West Palm Beach
Commission Chambers located at 3614 in Palm Beach County, Florida; that the attached
S. Ocean Blvd., Highland Beach, FL y
33487 on Tuesday, December 15,2015 copy of advertising for a Notice was published in said
at 9:30 AM to consider the following: newspaper on First date of Publication 12/05/2015
REQUESTS SUBMITTED BY ROGER
BROWN FOR TWO (2) VARIANCE RE-
and last date of Publication 12/05/2015 Affiant further
QUESTS FOR PROPERTY LOCATED AT says that the said The Post is a newspaper published
4314 TRANQUILITY DRIVE, HIGHLAND
BEACH, FLORIDA REQUESTING THE at West Palm Beach, in said Palm Beach County,
FOLLOWING: Florida, and that the said newspaper has heretofore
APPLICATION #38312 - RELIEF FROM been continuously published in said Palm Beach
THE HIGHLAND BEACH ZONING OR-
DINANCE, SECTION 30-68 (g)(6)(d) County, Florida, daily and Sunday and has been
(1), THAT STATES A MARINE FACILITY
(DOCK) SHALL BE SET BACK AT LEAST entered as second class mail matter at the post office
TWENTY-FIVE (25) FEET FROM SIDE in West Palm Beach, in said Palm Beach County,
LOT LINES.THE APPLICANT'S REQUEST
IS TO REDUCE THE DOCK SETBACKS Florida, for a period of one year next preceding the
TO FIFTEEN (15) FEET FROM THE SIDE
PROPERTY LINE. first publication of the attached copy of advertisement;
APPLICATION #38313 — RELIEF FROM and affiant further says that she/he has neither paid
THE HIGHLAND BEACH ZONING ORDI- nor promised any person, firm or corporation any
NANCE,SECTION 30-68(f)(1)(a),THAT
STATES A SWIMMING POOL SHALL discount rebate, commission or refund for the purpose
BE SET BACK AT LEAST TEN (10) FEET of securingthis for publication in the
FROM REAR LOT LINES. THE APPLI-
CANT'S REQUEST IS TO REDUCE THE said newspaper. Also published in Martin and St.
REAR POOL SETBACK TO FIVE (5) FEET
FROM REAR PROPERTY LINE. Lucie Counties. NOTICE OF PUBLIC HEARING Ad
ID: 987381 Ad Cost: 220.16
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
12-5/2015 #519774
Y11PUe
'. JUSTIN PETERSON,Notary Public
igned ' '` ' In and for the State of Ohio
My Commission Expires July 31,2019
Sworn to and subscribed b re
Who is personally know e.
TOWN OF HIGHLAND BEACH
3614 South Ocean Boulevard
Highland Beach, FL 33487
Town Clerk's Office
Telephone (561) 278-4548 / Fax (561) 265-3582
•
Roger Brown
4314 Tranquility Drive
Highland Beach, FL 33487
561-302-6086
RE: Application # 038312 & 038313 -4314 Tranquility Drive
Description Unit/Hour Rate Amount
Legal Advertisement 1 $ 220.16 $ 220.16
Postage Certified Mail/Return Receipt Requested) 33. $ 6.74 $ 222.42
Variance Sin 1 $ 40.00 $ 40.00
Total $ 482.58
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: 13 -0 QC) L5
Received By: Ce } �