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Land Development and Planning Project Files_3805 S. Ocean Blvd._20230713_22-0012TRANSMITTAL FORM REPORT OF REVIEW & ACTION BY PLANNING BOARD Transmit to: Town Planner Ingrid Allen Building Department Date: July 13, 2023 Applicant/Owner: John Zessin Property Address: 3805 S. Ocean Blvd., Highland Beach, FL 33487 Property Control Number: 24-43-47-04-00-001-0082 Application No. 22-0012 Preliminary Review: Final Review: Site plan approval for a new three-story, 9,397 square foot single family residence with pool/spa, and a dune walkover located at 3805 South Ocean Boulevard. Amended Site Plan Review Other AT THE July 13, 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: Mendelson/Chudnofsky - Moved to approve (Development Order No. 22- 0012). Based upon roll call: Vice Chairperson Mendelson (Yes), Member Chudnossky (Yes), Member Powell (Yes), Member Demoss (Yes), Member Adwar (Yes), Member Brown (Yes), and Chairperson Goldenberg (Yes). The motion passed on a 7 to 0 vote. CLERK’S OFFICE USE ONLY: Transmitted to the Building Department: 07/13/23 REVIEW GIVEN TO SUBJECT PROPERTY PLANNING BOARD STAFF REPORT MEETING OF: JULY 13, 2023 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY GREGORY BONNER, B1 ARCHITECT LLC, REQUESTING SITE PLAN APPROVAL FOR A NEW THREE- STORY, 9,397 SQUARE FOOT SINGLE FAMILY RESIDENCE WITH POOL/SPA, AND A DUNE WALKOVER LOCATED AT 3805 SOUTH OCEAN BOULEVARD. (DO#22-0012). Applicant (Property Owner): John G. Zessin Trust, Susan B. Zessin TR 3805 South Ocean Boulevard Highland Beach, FL 33487 Applicant’s Agent: Gregory Bonner B1 Architect LLC 139 North County Road #18c Palm Beach, Fl. 33480 Property Characteristics: Comprehensive Plan Land Use: Single Family Zoning District: Residential Single Family (RS) Site Location: 3805 South Ocean Boulevard Parcel PCN#: 24-43-47-04-00-001-0082 I. GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 9 Adjacent Properties: PARCEL ZONING DISTRICT FUTURE LAND USE DESIGNATION North Residential Single Family (RS) Single Family South Residential Single Family (RS) Single Family East NA (Atlantic Ocean) NA (Atlantic Ocean) West Residential Multiple Family Low Density (RML) Multi Family Low Density Request and Analysis: The Applicant is requesting site plan approval to construct a new three-story, 9,397 square foot single family residence with pool/spa, and a dune walkover. The property currently contains a two- story single family residence that, according to the Palm Beach County Property Appraiser, was built in 1968. Pursuant to Section 30-67 of the Town Code, a single-family detached dwelling is permitted in the RS zoning district subject to site plan approval. Section 30-31 of the Town Code indicates that single family residences require site plan approval from the Planning Board who is the decision-making authority for such development requests. The Applicant has received approval from the Florida Department of Environmental Protection (Permit No. PB-1439) for the proposed new residence including the proposed dune walkover. Note that Section 30-68(i) of the Town Code states that dune walkover structures shall require Planning Board approval. On July 20, 2017, the Florida Department of Transportation (FDOT) and the Town of Highland Beach entered into a Landscape Inclusive Maintenance Memorandum of Agreement (MMOA) for the purpose of maintaining landscape improvements on State Road A1A (South Ocean Boulevard). Section 28-10 of the Town Code indicates that the property owner shall be responsible for the maintenance of all landscaping located on their property and on adjacent public rights -of-way. Given the Applicant is proposing landscaping on FDOT’s right-of-way, an amendment to the MMOA is required. The landscaping proposed on FDOT’s right -of-way has been conditionally approved by FDOT (Permit No. 2023-L-496-00004) subject to approval by the Town Commission of the amended MMOA. A resolution to execute such amended Agreement will be considered by the Town Commission. In addition, pursuant to Town Resolution No. 2021-041, Town Commission approval is required for construction improvements within FDOT’s State Road A1A right-of-way. The Applicant is proposing new driveways and therefore a Town right-of-way permit (approved by the Town Commission) is required. The Applicant has received FDOT approval for the new driveways (Permit No. 2022-A-496-00058). Pursuant to Section 30-38(6) of the Town Code, the Planning Board shall approve or deny the site plan application. The approval may include conditions which clarify, but do not exceed, the requirements of this code. If the request receives Planning Board approval, the applicant will be Page 10 required to obtain a building permit, prior to initiation of construction, 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 June 27, 2023 and finds that the project is consistent with the Code of Ordinances. Should you have any questions, please feel free to contact me at (561) 637-2012 or iallen@highlandbeach.us Attachments: Application Aerials FDEP approval Applicant Plans (11X17) Page 11 Page 12 Page 13 Page 14 Page 15 COPYNOT A CER T I F IED C Page 16 COPYPage 17 380 5 South Ocea n Blvd.Palm Be ach Cou ntyNone July 3, 2023 0 0.008 5 0.0170.004 25 m i 0 0.01 0.020.005 km 1:57 6 Crea te d b y: P alm Beach Co untyµPage 18 3805 South Ocean Blvd. (Front)01/09/2023SUBJECT PROPERTYPage 19 3805 South Ocean Blvd. (Rear)01/09/2023SUBJECT PROPERTYPage 20 From:Bonanno, Nathan To:Ingrid Allen Subject:RE: Permit PB-1439 - 3805 S. Ocean Blvd Date:Tuesday, April 25, 2023 11:11:46 AM Attachments:image002.png Good morning Ingrid, It should be fine for the applicant to relocate the siting of the walkover to be moved further south as long as the conditions of the permit are still followed; e.g., no further than 10 feet seaward of the vegetation line, etc. Feel free to reach out if you have any questions. Thanks, Nathan Bonanno, M.S., E.I.Florida Department of Environmental ProtectionOffice of Resilience and Coastal ProtectionCoastal Construction Control Line ProgramEngineering Specialist IIINathan.bonanno@floridadep.govOffice: 850-245-7671 From: Ingrid Allen <iallen@highlandbeach.us> Sent: Tuesday, April 25, 2023 11:02 AM To: Bonanno, Nathan <Nathan.Bonanno@FloridaDEP.gov> Subject: RE: Permit PB-1439 - 3805 S. Ocean Blvd EXTERNAL MESSAGE This email originated outside of DEP. Please use caution when opening attachments, clicking links, or responding to this email. Nathan: Thank you for providing the correct plans associated with the permit. As discussed earlier today, the proposed dune walkover is required by Town Code to comply with the zoning district side setback of 12 feet. While compliance with this setback is provided on the Applicant’s proposed draft site plan submitted to the Town (see attached), it is not in compliance with the setback on the plans submitted to FDEP. That said, and based on our discussion earlier today, you informed me that if I documented this discrepancy, the permit would still be valid even though the dune walkover will be located a bit southward (approximately 6 to 7 feet). Kindly confirm. Thank you. Sincerely, Ingrid Allen Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 W.M.S.V.INGROUNDVAULTSSMHP A V E DCLSTATE ROAD A-1-AW.M.S.V.INGROUNDVAULTSSMHP A V E DCLSTATE ROAD A-1-APage 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 RECEIVEDJanuary 24, 2023OFFICE OF RESILIENCEAND COASTAL PROTECTIONPB-1439Page 43 RECEIVEDJanuary 24, 2023OFFICE OF RESILIENCEAND COASTAL PROTECTIONPB-1439Page 44 RECEIVEDJanuary 24, 2023OFFICE OF RESILIENCEAND COASTAL PROTECTIONPB-1439Page 45 RECEIVEDJanuary 24, 2023OFFICE OF RESILIENCEAND COASTAL PROTECTIONPB-1439Page 46 RECEIVEDJanuary 24, 2023OFFICE OF RESILIENCEAND COASTAL PROTECTIONPB-1439Page 47 RECEIVEDJanuary 24, 2023OFFICE OF RESILIENCEAND COASTAL PROTECTIONPB-1439Page 48 RECEIVEDJanuary 24, 2023OFFICE OF RESILIENCEAND COASTAL PROTECTIONPB-1439Page 49 RECEIVEDJanuary 24, 2023OFFICE OF RESILIENCEAND COASTAL PROTECTIONPB-1439Page 50 RECEIVEDJanuary 24, 2023OFFICE OF RESILIENCEAND COASTAL PROTECTIONPB-1439Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 PUBLIC NOTICE APPLICATION NO. 22-0012 500 Ft Public Notification Boundary June 21, 2023 Dear Property Owner: This is to notify you that the PLANNING BOARD of the Town of Highland Beach will conduct a public hearing on Thursday, July 13, 2023 at 9:30 AM in the Community Room of the Town Library located at 3618 South Ocean Boulevard, Highland Beach, Florida to consider the following application. APPLICATION BY GREGORY BONNER, B1 ARCHITECT LLC, REQUESTING SITE PLAN APPROVAL FOR A NEW THREE-STORY, 9,397 SQUARE FOOT SINGLE FAMILY RESIDENCE WITH POOL/SPA, AND A DUNE WALKOVER LOCATED AT 3805 SOUTH OCEAN BOULEVARD. The application is available for inspection in the Town Clerk’s Office at Town Hall, Monday through Friday during normal business hours of 8:30 a.m. to 4:30 p.m. Any person that decides to appeal any decision made by the Planning Board with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record of the proceeding is made, which includes the testimony and evidence upon which the appeal is based. The Town of Highland Beach does not provide such a record. In accordance with the Americans with Disabilities Act, persons who need special accommodation to attend or participate in this meeting should contact the Town Clerk’s Office at (561) 278-4548 at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770 or 1-800-955-8771. For additional information, please contact the Town Planner at (561) 637-2012. TOWN OF HIGHLAND BEACH, BUILDING DEPARTMENT Page 77 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 Jul 03, 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: July 03, 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 7451998 SUN-SENTINEL Page 78 Order # - 7451998 SUN-SENTINEL Page 79