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Land Development and Planning Project Files_4216 Intracoastal Dr._20230309_Development Applicatoin No. 22-0010TRANSMITTAL FORM REPORT OF REVIEW & ACTION BY PLANNING BOARD Transmit to: Town Planner Ingrid Allen Building Department Date: March 13, 2023 Applicant/Owner: Leonard Zelin Property Address: 4216 Intracoastal Drive, Highland Beach, FL 33487 Property Control Number: 24-43-47-04-02-004-0230 Application No. 22-0010 Preliminary Review: Final Review: for a special exception approval to install a 13,000-pound capacity lift. Amended Site Plan Review Other AT THE March 09, 2023, MEETING, THE PLANNING BOARD REVIEWED THE ABOVE MATTER PURSUANT TO CHAPTER 30 OF THE TOWN CODE OF ORDINANCES, AND HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN: Denied Recommendation to Approve Approved with Modifications (as noted) Other: PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, I.E., ISSUE PERMIT, TRANSMIT TO TOWN COMMISSION, RETURN TO APPLICANT, ETC. IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH MODIFICATIONS, PLEASE NOTE THE BOARD’S FINDINGS: MOTION: DeMoss/Chudnofsky - Moved to approve (Development Order No. 22- 0010). The motion passed unanimously 4 to 0. CLERK’S OFFICE USE ONLY: Transmitted to the Building Department: 03/13/2023. REVIEW GIVEN TO SUBJECT PROPERTY File Attachments for Item: C. Development Application No. 22-0010 / Leonard Zelin Application By Akbar Mondal Nunez, Boat Lifts & Docks of South Florida, for a special exception approval to install a 13,000-pound capacity boat lift for the property located at 4216 Intracoastal Drive. Page 182 PLANNING BOARD STAFF REPORT MEETING OF: March 9, 2023 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY AKBAR MONDAL NUNEZ, BOAT LIFTS & DOCKS OF SOUTH FLORIDA, FOR A SPECIAL EXCEPTION APPROVAL TO INSTALL A 13,000 POUND CAPACITY BOAT LIFT FOR A PROPERTY LOCATED AT 4216 INTRACOASTAL DRIVE (DO#22-0010) Applicant (Property Owner): Leonard Zelin 4216 Intracoastal Drive Highland Beach, Fl. 33487 Applicant’s Agent: Akbar Mondal Nunez Boat Lifts & Docks of South Florida 989 Northwest 31 Avenue Pompano Beach, Fl. 33060 Property Characteristics: Comprehensive Plan Land Use: Single Family Zoning District: RS, Residential Single Family Parcel PCN#: 24-43-47-04-02-004-0230 I. GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 183 Request and Analysis: The Applicant is proposing to install a four (4) post, 13,000 pound capacity boat lift at the property located at 4216 Intracoastal Drive. The Applicant has obtained Florida Department of Environmental Protection (FDEP ) (File No. 50- 152067-006-EE) and US Army Corps of Engineers (File No. SAJ -2011-02027(GP-JLA) authorizations for the proposed boat lift . Pursuant to Section 30-68(g)(6)d.1. of the Town Code, the Applicant’s request is in compliance with the required 25 -foot side yard setback for boatlifts located in a Single -family zoning district. According to the Applicant’s boat lift detail (sheet DET), the top of the lift measures four (4) feet from the existing dock. The Applicant has not dimensioned the superstructure components of the boat on the lift detail (this is not a requirement of the Town Code). That said and at the request of staff, the Applicant has included on sheet DET, a note referencing the boat lift definition found in Section 30-131 of the Town Code which is as follows: Boat lifts means the bottom of the keel of any boat shall not be hoisted greater than one foot above the minimum seawall elevation. In no case shall the lift be higher than the superstructure of the boat when lifted. Section 30-68(h)(1)a. of the Town Code, states that the installation of a boat lift shall be subject to special exception approval by the Planning Board at an advertised public hearing. Section 30-36(a) of the Town code states that if the Planning Board is the final authority on the special exception, then it shall approve, approve with conditions, or deny the application. Following an approval by the Planning Board and prior to initiation of construction, the Applicant will be required to obtain a building permit from the Town of Highland Beach Building Department. Pursuant to Section 30-21(g) of the Town Code, commencement of construction shall be initiated within two (2) years following the date of approval by the Planning Board. Staff has reviewed the Applicant’s proposed request including plans date stamped received by the Building Department on January 31, 2023 and finds that the project is consistent with the Zoning Code (Chapter 30) including the special exception criteria of Section 30-36, were applicable, and the Town Comprehensive Plan. Should you have any questions, please feel free to contact me at (561) 637-2012 or iallen@highlandbeach.us Ingrid Allen Town Planner Page 184 Attachments: Application Aerials FDEP correspondence ACOE authorization Applicant Plans Page 185 Pa g e 1 8 6 Pa g e 1 8 7 421 6 In tra coa sta l Drive Palm Be ach Cou ntyNone Fe brua ry 23, 202 3 0 0.015 0.030.007 5 mi 0 0.025 0.050.012 5 km 1:1,12 8 Crea te d b y: P alm Beach Co untyµPage 188 Subject Site 4216 Intracoastal Drive Page 189 www.floridadep.gov FLORIDA DEPARTMENT O F Environmental Protection Southeast District Office 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 561-681-6600 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Shawn Hamilton Secretary June 23, 2022 Leonard Zelin 4216 Intracoastal Dr, Highland Beach, FL 33487 Sent via e-mail: lbz60@aol.com Re: File No.: 50-152067-006-EE File Name: Zelin Lenny Boat Lift 25 Dear Mr. Zelin: On June 15, 2022, we received your request for verification of exemption to install a boatlift. The project is located in the Intracoastal Waterway, Class III Waters, adjacent to 4216 Intracoastal Dr, Highland Beach (Section 4, Township 47 South, Range 43 East), in Palm Beach County (Latitude N 26°24'2.8953", Longitude W 80°4'7.7272"). Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal approval that may be necessary for work in wetlands or waters of the United States. Your project did not qualify for the federal authorization of this verification request. Additional authorization must be obtained prior to commencement of the proposed activity. This letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. Please refer to the specific section(s) dealing with that portion of the review below for advice on how to proceed. If you change the project from what you submitted, the authorization(s) granted may no longer be valid at the time of commencement of the project. Please contact us prior to beginning your project if you wish to make any changes. If you have any questions regarding this matter, please contact Ingrid Fuquene at the letterhead address or at 561-681-6600, Ingrid.Fuquene@FloridaDEP.gov . Page 190 File No.: 50-152067-006-EE File Name: Zelin Lenny Boat Lift 25 Page 2 of 5 1. Regulatory Review – VERIFIED Based on the information submitted, the Department has verified that the activity as proposed is exempt under Chapter 62-330.051(5)(h), Florida Administrative Code, the need to obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes. This exemption verification is based on the information you provided the Dep artment and the statutes and rules in effect when the information was submitted. This verification may not be valid if site conditions materially change, the project design is modified, or the statutes or rules governing the exempt activity are amended. In the event you need to re-verify the exempt status for the activity, a new request and verification fee will be required. Any substantial modifications to the project design should be submitted to the Department for review, as changes may result in a permit being required. 2. Proprietary Review- NOT REQUIRED The activity does not require further authorization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the Florida Administrative Code. 3. Federal Review - NOT APPROVED Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using the Application for Department of the Army Permit (ENG 4345) or alternative as allowed by Corps regulations. More information on Corps permitting may be found online in the Jacksonville District Regulatory Division Sourcebook: (https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/). Authority for review - an agreement with the USACOE entitled “Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection (or Duly Authorized Designee), State Programmatic General Permit”, Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. Additional Information Please retain this letter. The activities may be inspected by authorized state personnel in the future to ensure compliance with appropriate statutes and administrative codes. If the activities are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-14, F.A.C. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Page 191 File No.: 50-152067-006-EE File Name: Zelin Lenny Boat Lift 25 Page 3 of 5 Petition for Administrative Hearing 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, F.S. Pursuant to Rules 28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing 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, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; 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 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 that the petitioner contends warrant 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, including an explanation of how the alleged facts relate to the specific rules or statutes; 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. The petition 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, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a). The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you Page 192 File No.: 50-152067-006-EE File Name: Zelin Lenny Boat Lift 25 Page 4 of 5 do not publish notice of this action, this waiver will not apply to persons who have not received written notice of this action. Extension of Time Under Rule 62-110.106(4), F.A.C., 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, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. 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. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department. Page 193 File No.: 50-152067-006-EE File Name: Zelin Lenny Boat Lift 25 Page 5 of 5 EXECUTION AND CLERKING Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION _________________________________ Jeffrey L. Meyer Environmental Administrator Southeast District Enclosures: Attachment A: Specific Exemption Rule(s) Project drawings, 4 pages CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were sent on the filing date below to the following listed persons: FDEP – Jeff Meyer, Ingrid Fuquene Steve Garbutt, Boatlifts & Docks of South Florida, docksandlifts@gmail.com Additional mailings: Matt Mitchell, Palm Beach County, Environmental Resources, mmitchell@pbcgov.org FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. June 24, 2022 Clerk Date Page 194 Attachment A 62-330.051 Exempt Activities. The activities meeting the limitations and restrictions below are exempt from permitting. However, if located in, on, or over state-owned submerged lands, they are subject to a separate authorization under chapters 253 and 258, F.S., as applicable. (5) Dock, Pier, Boat Ramp and Other Boating-related Work ‒ (h) The installation of a pile-supported boat lift within an existing mooring area at a docking facility that is legally in existence, provided: 1. Such installation does not conflict with a condition of a permit issued thereunder; 2. The boat lift does not include additional structures, such as platforms, cat walks, and roofs. Page 195 Pr o p e r t y L i n e Pr o p e r t y L i n e POOL 48 " 36 " Property Line 9' - 2 " 8' - 1 " 11 " Pilings aligned with the existing dock INTRACOASTAL WATERWAY 300' R/W CANAL N EXISTING BOAT LIFT TO REMAIN 6" 6" 11 ' - 7 " Existing concrete dock and pilings to remain New Installation 13000lb 4-Post Boat Lift mounted on (4) new 12" dia pilings Turbidity barriers are to surround all in water 7' - 5 " 25'-2"32'-4" 95' 12'-6"57'-6"25' side setback 20 ' ma x . f r o m w e t f a c e Existing Wetface to remain General Notes: 1.New Installation 13000lb 4-Post Boat Lift mounted on (4) new 12" dia. wood pilings. 2.Turbidity barriers are to surround all in water construction areas during piling and/or panel installation activities. 3.Elevations shown are based on the North American Vertical Datum of 1988. 4.Design in accordance with 2020 7th Edition of the Florida Building Code. 5.Construction methods, procedures, and sequences are the responsibility of the Contractor. The Contractor shall take the necessary means to maintain and protect the structural integrity and serviceability of the construction at all times. 6.Any discrepancies found for any circumstance between the structural plans and the existing conditions found on site and/or any conditions that were omitted on the plans will be the responsibility of the Contractor to immediately bring to the attention of the Engineer of Record. 7.Existing conditions are unknown, therefore, worst case conditions have been approximated. all existing conditions are assumed and must be confirmed by the gc after permitting. 8. Engineer's Limitations of Responsibility: The Engineer shall not be responsible for the quality or composition of materials, fabrications, construction inspection, supervision, or review, special inspection, or the quality and correctness of construction unless the appropriate submissions, reports, approvals, inspections, site visit, construction review, or special inspections are performed by the Engineer or his representative as required herein, and then only such responsibility as is associated with the specific work performed as is commonly assigned a structural engineer in relation to other engineering and construction disciplines associated with the project. 9. The Engineer shall not be responsible for site and construction safety and/or the safety of construction workers. Site and construction safety is the responsibility of the Contractor. The Contractor shall be responsible for the safety of his employees and the safety of the employee of all subcontractors to the project. 10. Engineer's Statement of Compliance: To the best of the Engineer's knowledge, the structural plans and specifications presented herein comply with the applicable minimum building codes, standards, and practices. SITE PLAN SCALE: 1/8" = 1'-0" SP DA T E NO T E S / R E V I S I O N S PR E P A R E D F O R : Drawn by: Del Ry Checked by: Date: 04/05/2022 Job No.: 22-013 BO A T L I F T F O R : ZE L I N R E S I D E N C E 42 1 6 I N T R A C O A S T A L D r HI G H L A N D B E A C H , F L O R I D A 06 - 1 4 - 2 2 n e w s i d e s e t b a c k 2 5 ' , s i m u l a t i o n Southeast District Permit Number 50-152067-006-EE Page 196 LOT 23 BLOCK 4 RESIDENCE # 4216 LOT 22 LOT 24 12 5 . 0 0 ' 12 5 . 0 0 ' 95.00' 95.00' INTRACOASTAL DRIVE 21' ASPHALT ROADWAY 50' RIGHT-OF-WAY ℄ INTRACOASTAL WATERWAY 300' R/W CANAL N CONCRETE DOCK TO REMAIN BOAT LIFT 25'-2"44'-9"25'-1" 95' Wetface Pr o p e r t y L i n e Property Line Pr o p e r t y L i n e Property Line POOL 4' - 5 " 36 " 9' - 2 " 8' - 1 " 11 " EXISTING CONDITIONS SCALE: 1" = 20'-0" EC DA T E NO T E S / R E V I S I O N S PR E P A R E D F O R : Drawn by: Del Ry Checked by: Date: 04/05/2022 Job No.: 22-013 BO A T L I F T F O R : ZE L I N R E S I D E N C E 42 1 6 I N T R A C O A S T A L D r HI G H L A N D B E A C H , F L O R I D A Southeast District Permit Number 50-152067-006-EE Page 197 LOT 23 BLOCK 4 RESIDENCE # 4216 48 " 36 " Property Line Pr o p e r t y L i n e Pr o p e r t y L i n e POOL 9' - 2 " 8' - 1 " 11 " Pilings aligned with the existing dock INTRACOASTAL WATERWAY 300' R/W CANAL N EXISTING BOAT LIFT TO REMAIN 6" 6" 11 ' - 7 " Existing concrete dock and pilings to remain New Installation 13000lb 4-Post Boat Lift mounted on (4) new 12" dia pilings Turbidity barriers are to surround all in water 7' - 5 " 25'-2"32'-4" 95' 12'-6"57'-6"25' side setback 20 ' ma x . f r o m w e t f a c e Existing Wetface to remain PROPOSED CONDITIONS SCALE: 1" = 10'-0" PC DA T E NO T E S / R E V I S I O N S PR E P A R E D F O R : Drawn by: Del Ry Checked by: Date: 04/05/2022 Job No.: 22-013 BO A T L I F T F O R : ZE L I N R E S I D E N C E 42 1 6 I N T R A C O A S T A L D r HI G H L A N D B E A C H , F L O R I D A 06 - 1 4 - 2 2 n e w s i d e s e t b a c k 2 5 ' , s i m u l a t i o n Southeast District Permit Number 50-152067-006-EE Page 198 Existing berm to remain Existing Concrete Dock to remain Existing grade to remain Property Line Existing Concrete Seawall Cap to remain MLW +0.15' NAVD MHW +2.34' NAVD Wetface to remain Existing Batter piling to remain Existing Wetface to remain 4' New 12" dia. wood piling +6.0' NAVD Non-structural finish per owner's selection 36" 11"25" 25" 7'-5"6"11''-07"6" 20' from wetface New Installation 13000lb 4-Post Boat Lift mounted on (4) new 12" dia wood pilings New 12" dia. wood piling Existing concrete piling to remain NOTE: SEE MANUFACTURER'S DRAWINGS FOR STRUCTURAL DETAILS ON LIFT OVERHANG DET DA T E NO T E S / R E V I S I O N S PR E P A R E D F O R : 4-POST BOAT LIFT DETAIL SCALE: 1/4"=1"-0" Drawn by: Del Ry Checked by: WS Date: 04/05/2022 Job No.: 22-013 BO A T L I F T F O R : ZE L I N R E S I D E N C E 42 1 6 I N T R A C O A S T A L D r . , HI G H L A N D B E A C H , F L O R I D A Southeast District Permit Number 50-152067-006-EE Page 199 Page 200 Page 201 Page 202 Page 203 Page 204 Page 205 Page 206 Page 207 Page 208 Page 209 Page 210 Pa g e 2 1 1 Page 212 Page 213 Page 214 Page 215 Page 216 Page 217 Page 218 Sold To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Bill To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami-Dade County, Florida State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11720-Notice of Public Meeting , Was published in said newspaper by print in the issues of, or by publication on the newspaper¶s website, if authorized on Feb 27, 2023 Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Signature of Affiant Sworn to and subscribed before me this: February 28, 2023. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: E-Mail Affidavit Email Address: jdehart@highlandbeach.us 7379349 SUN-SENTINEL Page 219 Order # - 7379349 SUN-SENTINEL Page 220 SUN-SENTINEL Page 221