Land Development and Planning Project Files_3521 S. Ocean Blvd._20230713_22-0017TRANSMITTAL FORM
REPORT OF REVIEW &
ACTION BY PLANNING BOARD
Transmit to: Town Planner Ingrid Allen
Building Department
Date: July 13, 2023
Applicant/Owner: Mark Hunley / 3519 Ocean Blvd. LLC.
Property Address: 3521 S. Ocean Blvd., Highland Beach, FL 33487
Property Control Number: 24-43-46-33-00-004-0150
Application No. 22-0017
Preliminary Review:
Final Review: Site plan approval for a new three-story, 3,997 square foot
single family residence located at 3521 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: Demoss/Mendelson - Moved to approve (Development Order No. 22-
0017). Based upon roll call: Member Demoss (Yes), Vice Chairperson
Mendelson (Yes), Member Adwar (Yes), Member Brown (Yes), Member
Powell (Yes), Member Chudnofsky (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 MARK HUNLEY, CHARETTE
INTERNATIONAL ARCHITECTURE, REQUESTING SITE PLAN
APPROVAL FOR A NEW THREE-STORY, 3,997 SQUARE FOOT
SINGLE FAMILY RESIDENCE LOCATED AT 3521 SOUTH OCEAN
BOULEVARD (DO#22-0017).
Applicant (Property Owner): 3519 So Ocean Blvd LLC
555 Taylor Road
Enfield, CT 06082
Applicant’s Agent: Mark Hunley
Charette International Architecture
2528 North 38th Avenue
Hollywood, Fl. 33021
Property Characteristics:
Comprehensive Plan Land Use: Multi Family Low Density
Zoning District: Residential Multiple Family Low Density (RML)
Site Location: 3521 South Ocean Boulevard
Parcel PCN#: 24-43-46-33-00-004-0150
I. GENERAL INFORMATION:
HIGHLAND BEACH BUILDING DEPARTMENT
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ph: (561) 278-4540
Fx: (561) 265-3582
Page 81
Adjacent Properties:
PARCEL ZONING DISTRICT FUTURE LAND USE
DESIGNATION
North Residential Multiple Family Low
Density (RML)
Multi Family Low
Density
South Residential Multiple Family Low
Density (RML)
Multi Family Low
Density
East NA (Atlantic Ocean) NA (Atlantic Ocean)
West Residential Multiple Family Medium
Density (RMM)
Multi Family Low
Density
Request and Analysis:
The Applicant is requesting site plan approval to construct a new three-story, 3,997 square foot
single family residence located at 3521 South Ocean Boulevard. The property currently consists of
a residential single-story structure that, according to the Palm Beach County Property Appraiser,
was built in 1952. The property also includes a shed located to the south of the principal structure.
The property is a nonconforming lot of record given the minimum lot width requirement for a single-
family dwelling in the RML zoning district is 80 feet and the current lot width is approximately 60
feet. Section 30-103(a) of the Town Code states that in any zoning district, a nonconforming lot of
record may be utilized for any use permitted in such zoning district. Pursuant to Section 30-67 of
the Town Code, a single-family detached dwelling is permitted in the RML zoning district subject
to site plan approval.
The Applicant has received approval from the Florida Department of Environmental Protection
(Permit No. PB-1426) for the proposed new residence given it is located east of the Coastal
Construction Control Line (CCCL).
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-496-00006) 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 a new driveway and therefore a Town right-of-way permit (approved by
the Town Commission) is required. The Applicant has received FDOT approval for the new
driveway (Permit No. 2023-A-496-00010).
Page 82
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.
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
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
Page 83
TOWN OF HIGHLAND BEACH
PROPERTY INI,'ORMATION ASSOCIATtrD WITH TIIIS APPLICATION
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Page 84
I give permission to the members of thc'I'own Commission, Planning Board and staff to inspect the property for
the purpose of this application. I declare that all statcmcnts made herein arc true, based upon the best available
information. Willful false statements may jeopardize the validity of my application or any decision issued thereon.
I have fully read the information outlining thc application requiremenls. With this application, i am submitting
the neoessary supporting materials listed.
Applicant's Signature:
Received hy the Town Clerk's OlJice:
Received Bv:Date:
L)ate Public Notices Mailed:
Date Legal Advertisement Published:
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Page 85
Page 86
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352 1 South Ocea n Blvd.
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Page 90
3521 South Ocean Blvd (Front)01/09/2023SUBJECT PROPERTYPage 91
3521 South Ocean Blvd. (Rear)01/09/2023SUBJECT PROPERTYPage 92
F L O R I D A D E P A R T M E N T O F
Environmental Protection
Bob Martinez Center
2600 Blair Stone Road
Tallahassee, FL 32399-2400
Ron DeSantis
Governor
Jeanette Nuñez
Lt. Governor
Shawn Hamilton
Secretary
February 23, 2023
Mark Powell, P.E.
Isiminger & Stubbs Engineering, Inc.
No Permit Modification Required
Permittee Name: 3519 SO OCEAN BLVD LLC
Permit File Number: PB-1426
Project Address: 3521 S Ocean Blvd, Highland Beach
Dear Mr. Powell:
This will acknowledge the receipt of your request to alter the construction or activities authorized by the above referenced
permit. An updated site plan was submitted as it relates to the above referenced request.
The proposed alterations consist of the following: Modifications to the landscaping plans.
The staff has determined that the alterations are minor and/or do not increase the potential for adverse impact on the
beach/dune system or adjacent property. Therefore, no formal modification of the permit is required. All other conditions
of the permit remain in effect. A copy of the approved revised plans is attached and need to be posted on the jobsite during
construction.
If you have any questions or concerns, or need additional information, please contact Nathan Bonanno, Permit Manger, by
mail at the letterhead address (add Mail Station 3522), or by telephone at (850)245-7671, or by e-mail at
nathan.bonanno@floridadep.gov.
Sincerely,
Nathan Bonanno, Permit Manager
Coastal Construction Control Line
Office of Resilience and Coastal Protection
Attachment: Approved Plans
Cc: David Kieckbusch, Field Inspector
Page 93
Page 94
Page 95
Page 96
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Xref \\Mac\Home\Documents\2023-A-CAD PROJECTS\2023-01-21_3520 Ocean Highland Beach\X-ref\3521-site.dwgsouth ocean blvd.IRRIGATIONPLANRevisions:1.2.3.4.5.6.New ResidenceHighland Beach, FL., 334873521 S. Ocean BlvdPage 98
IRRIGATIONDRIP DETAILSRevisions:1.2.3.4.5.6.New ResidenceHighland Beach, FL., 334873521 S. Ocean BlvdPage 99
IRRIGATIONDRIP DETAILSRevisions:1.2.3.4.5.6.New ResidenceHighland Beach, FL., 334873521 S. Ocean BlvdPage 100
PERMIT NUMBER: PB-1426
PERMITTEE
3519 SO OCEAN BLVD LLC
c/o Mark A. Powell, P.E., Vice President
Isiminger & Stubbs Engineering, Inc.
649 U.S. Highway1, Suite 9
North Palm Beach, FL 33408
NOTICE TO PROCEED AND PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES
PURSUANT TO SECTION 161.053, FLORIDA STATUTES
FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the coastal
construction control line that are indicated in the project description, was filed by the applicant/permittee named
herein on August 23, 2022 and was determined to be complete pursuant to rule on September 14, 2022. The
proposed major structures are to be located landward of the 30-year erosion projection and the existing line of
construction established by major structures in the immediate area.
CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections from
affected persons, the Department finds that upon compliance with the permit conditions, the activities indicated
in the project description of this permit are of such a nature that they will result in no significant adverse impacts
to the beach/dune areas or to adjacent properties; that the work is not expected to adversely impact nesting sea
turtles, their hatchlings, or their habitat; that the work is expendable in nature and/or is appropriately designed
in accordance with Section 62B-33.005, Florida Administrative Code. Based on the foregoing considerations,
the Department approves the application; authorizes construction and/or activities at the location indicated below
in strict accordance with the project description, the approved plans (if any) and the General Permit Conditions
which are by this reference incorporated herein, and any additional conditions shown below, pursuant to Section
161.053(4), Florida Statutes.
EXPIRATION DATE: November 10, 2025
LOCATION: Between approximately 440 feet and 500 feet south of the Department of Environmental Protection's
reference monument R-197, in Palm Beach County. Project address: 3521 South Ocean Boulevard, Highland
Beach.
PROJECT DESCRIPTION:
Two-Story, Single-Family Dwelling with Understructure Garage
1. Location relative to control line: A maximum of 89.9 feet seaward.
2. Exterior dimensions: A maximum of 84.5 feet in the shore-normal direction including covered porches,
by a maximum of 34.0 feet in the shore-parallel direction.
3. Type of foundation: Pile.
Page 101
PERMITTEE: 3711 Ocean South-3, LLC
PERMIT NUMBER: PB-1426
PAGE 2
4. Finished floor elevation: Varies from +20.3 feet to +20.8 feet (NAVD).
5. Garage floor elevation: +10.0 feet (NAVD).
Excavation/Fill
1. Total volume of excavation seaward of the control line: Approximately 347 cubic yards. See Special
Permit Conditions 4 and 5.
2. Location of excavation: Across the site predominantly within the footprint of the proposed development
to a maximum distance of 56 feet seaward of the control line.
3. Maximum depth of excavation: To foundation installation depths.
4. Volume of fill to be placed: Approximately 351 cubic yards. See Special Permit Condition 5.
5. Location of fill to be placed: Across the site predominantly within the footprint of the proposed
development to a maximum distance of 113 feet seaward of the control line.
Other Structures and Activities
1. A paver driveway to be located landward of the dwelling as shown on approved plans.
2. Exterior stairs and walkways are to be located on the shore-normal sides of the dwelling, as shown on
the approved plans.
3. Demolition and removal of the existing single-family dwelling and improvements.
4. Landscape plantings. See Special Permit Condition 6.
5. Exterior lighting. See Special Permit Condition 7.
SPECIAL PERMIT CONDITIONS:
1. Prior to commencement of construction activity authorized by this permit, a preconstruction conference
shall be held at the site among the contractor, the owner or authorized agent, and a staff representative
of the Department to establish an understanding among the parties as to the items specified in the special
and general conditions of the permit. The proposed locations of the structures shall be staked out for the
conference. Contact David Kieckbusch at (561) 313-9007 or email at
david.kieckbusch@floridadep.gov to schedule a conference.
2. Prior to commencement of construction activity authorized by this permit, a temporary construction
fence shall be erected along the perimeter of the permitted activity. The fence shall remain in place until
the construction authorized by this permit is complete. The optimum siting of the construction fence
shall be determined during the preconstruction conference by the staff representative so as to provide
maximum protection to the existing native vegetation and dune features located on the site.
3. All rubble and debris resulting from this construction shall be removed and relocated landward of the
coastal construction control line.
Page 102
PERMITTEE: 3711 Ocean South-3, LLC
PERMIT NUMBER: PB-1426
PAGE 3
4. All excavated sandy material seaward of the control line shall be maintained on site seaward of the
control line.
5. Any imported fill material shall be obtained from a source landward of the control line. All fill material
(both excavated from the site and imported) shall consist of sand which is similar to that already on the
site in both grain size and coloration shall be free of construction debris, rocks, or other foreign matter.
A sample of the sand shall be provided to the staff representative during the preconstruction conference.
6. Plantings shall conform to the approved planting plan. Removal of invasive plant species and landscape
installation shall not cause the removal of existing salt-tolerant native vegetation.
7. All lighting shall be installed and maintained as depicted in the approved lighting schematic. No
additional permanent exterior lighting is authorized.
8. No construction, operation, transportation or storage of equipment or materials, planting, and no
temporary lighting of the construction area are authorized in marine turtle nesting habitat seaward of the
dune crest at any time during the marine turtle nesting season March 1 through October 31.
9. Permittee shall submit compliance reports as specified in Special and General Permit Conditions of
this permit. General Permit Conditions 1(q) and 1(r) pertain to written reports which must be
submitted to the Department of Environmental Protection at specified times. The forms for the reports:
1(q) Foundation Location Certification (DEP Form 73-114B) and 1(r) Final Certification (DEP
Form 73-115B) are available at the website: https://floridadep.gov/rcp/coastal-construction-control-
line/content/coastal-construction-control-line-cccl-forms. Each form may be submitted electronically
to the CCCL mailbox at CCCL@dep.state.fl.us.
GENERAL PERMIT CONDITIONS:
(1) The following general permit conditions shall apply, unless waived by the Department or modified by
the permit:
(a) The permittee shall carry out the construction or activity for which the permit was granted in accordance
with the plans and specifications that were approved by the Department as part of the permit. Deviations
therefrom, without written approval from the Department, shall be grounds for suspension of the work and
revocation of the permit pursuant to section 120.60(7), F.S., and shall result in assessment of civil fines or
issuance of an order to alter or remove the unauthorized work, or both. No other construction or activities shall
be conducted. No modifications to project size, location, or structural design are authorized without prior written
approval from the Department. A copy of the notice to proceed shall be conspicuously displayed at the project
site. Approved plans shall be made available for inspection by a Department representative.
(b) The permittee shall conduct the construction or activity authorized under the permit using extreme care
to prevent any adverse impacts to the beach and dune system, marine turtles, their nests and habitat, or adjacent
property and structures.
(c) The permittee shall allow any duly identified and authorized member of the Department to enter upon
the premises associated with the project authorized by the permit for the purpose of ascertaining compliance
with the terms of the permit and with the rules of the Department until all construction or activities authorized
or required in the permit have been completed and all project performance reports, certifications, or other
documents are received by the Department and determined to be consistent with the permit and approved plans.
(d) The permittee shall hold and save the State of Florida, the Department, and its officers and employees
harmless from any damage, no matter how occasioned and no matter what the amount, to persons or property
that might result from the construction or activity authorized under the permit and from any and all claims and
judgments resulting from such damage.
Page 103
PERMITTEE: 3711 Ocean South-3, LLC
PERMIT NUMBER: PB-1426
PAGE 4
(e) The permittee shall allow the Department to use all records, notes, monitoring data, and other information
relating to construction or any activity under the permit, which are submitted, for any purpose necessary except
where such use is otherwise specifically forbidden by law.
(f) Construction traffic shall not occur and building materials shall not be stored on vegetated areas seaward
of the control line unless specifically authorized by the permit. If the Department determines that this
requirement is not being met, positive control measures, such as temporary fencing, designated access roads,
adjustment of construction sequence, or other requirements, shall be provided by the permittee at the direction
of the Department. Temporary construction fencing shall not be sited within marine turtle nesting habitats.
(g) The permittee shall not disturb existing beach and dune topography and vegetation except as expressly
authorized in the permit. Before the project is considered complete, any disturbed topography or vegetation shall
be restored as prescribed in the permit with suitable fill material or revegetated with appropriate beach and dune
vegetation. When required for mitigation, dune vegetation will be considered successfully established if within
180 days of planting, a minimum of 80 percent of the planting units survive, a minimum of 80 percent of the
planted area is covered with native species and the vegetation is continuous without gaps along the shoreline.
(h) All fill material placed seaward of the CCCL shall meet the requirements of subsection 62B-33.005(7),
F.A.C. All such fill material shall be free of construction debris, rocks, clay, or other foreign matter; and shall
be obtained from a source landward of the CCCL.
(i) If surplus sand fill results from any approved excavation seaward of the control line, such material shall
be distributed seaward of the control line on the site, as directed by the Department, unless otherwise
specifically authorized by the permit. Sand fill placed seaward of the frontal dune, bluff or coastal armoring in
marine turtle nesting habitat shall be configured such that it does not interfere with marine turtle nesting.
(j) Any native salt-tolerant vegetation destroyed during construction shall be replaced with plants of the
same species or, by authorization of the Department, with other native salt-tolerant vegetation suitable for beach
and dune stabilization. Unless otherwise specifically authorized by the Department, all plants installed in beach
and coastal areas – whether to replace vegetation displaced, damaged, or destroyed during construction or
otherwise – shall be of species indigenous to Florida beaches and dunes, such as sea oats, sea grape, saw
palmetto, panic grass, saltmeadow hay cordgrass, seashore saltgrass, and railroad vine, and grown from stock
indigenous to the region in which the project is located.
(k) All topographic restoration and revegetation work is subject to approval by the Department, and the
status of restoration shall be reported as part of the final certification of the actual work performed.
(l) If not specifically authorized elsewhere in the permit, no operation, transportation, or storage of
equipment or materials is authorized seaward of the dune crest or rigid coastal structure during the marine turtle
nesting season. The marine turtle nesting season is May 1 through October 31 in all counties except Brevard,
Indian River, St. Lucie, Martin, Palm Beach, and Broward counties where leatherback turtle nesting occurs
during the period of March 1 through October 31.
(m) If not specifically authorized elsewhere in the permit, no temporary lighting of the construction area is
authorized at any time during the marine turtle nesting season and no additional permanent exterior lighting is
authorized.
(n) All non-opaque walls, balcony railings, deck railings, windows and doors visible from any point on the
beach must be tinted to a transmittance value (light transmission from inside to outside) of 45 percent or less
through the use of tinted glass or window film.
(o) The permit has been issued to a specified property owner and is not valid for any other person unless
formally transferred. An applicant requesting transfer of the permit shall sign the permit transfer agreement
form, agreeing to comply with all terms and conditions of the permit, and return it to the Department. The
transfer request shall be provided on the form entitled “Permit Transfer Agreement” – DEP Form 73-103
(Revised 1/04), which is hereby adopted and incorporated by reference. No work shall proceed under the permit
until the new owner has received a copy of the transfer agreement approved by the Department. A copy of the
transfer agreement shall be displayed on the construction site along with the permit. An expired permit shall not
be transferred. Copies of the “Permit Transfer Agreement” form are available at the following website:
https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-
Page 104
PERMITTEE: 3711 Ocean South-3, LLC
PERMIT NUMBER: PB-1426
PAGE 5
forms.
(p) The permittee shall immediately inform the Department of any change of mailing address of the
permittee and any authorized agent until all requirements of the permit are met.
(q) For permits involving habitable major structures, all construction on the permitted structure shall stop
when the foundation pilings have been installed. At that time the foundation location form shall be submitted to
and accepted by the Department prior to proceeding with further vertical construction above the foundation. The
form shall be signed by a professional surveyor, licensed pursuant to chapter 472, F.S., and shall be based upon
such surveys performed in accordance with chapter 472, F.S., as are necessary to determine the actual
configuration and dimensioned relationship of the installed pilings to the control line. The information shall be
provided to the Department using the form entitled “Foundation Location Certification” – DEP Form 73-114B
(Revised 9/05), which is hereby adopted and incorporated by reference. Phasing of foundation certifications is
acceptable. The Department shall notify the permittee of approval or rejection of the form within seven (7)
working days after staff receipt of the form. All survey information upon which the form is based shall be made
available to the Department upon request. Permits for repairs or additions to existing structures with
nonconforming foundations are exempt from this condition.
(r) For permits involving major structures and exterior lighting on major structures, the permittee shall
provide the Department with a report by a registered professional within 30 days following completion of the
work. For permits involving armoring or other rigid coastal structures, the permittee shall provide the
Department with a report by an engineer licensed in the State of Florida within 30 days following completion
of the work. The report shall state that all locations specified by the permit have been verified and that other
construction and activities authorized by the permit, including exterior lighting, have been performed in
compliance with the plans and project description approved as a part of the permit and all conditions of the
permit; or shall describe any deviations from the approved plans, project description, or permit conditions, and
any work not performed. Such report shall not relieve the permittee of the provisions of paragraph 62B-
33.0155(1)(a), F.A.C. If none of the permitted work is performed, the permittee shall inform the Department in
writing no later than 30 days following expiration of the permit. The report shall be provided on the form
entitled “Final Certification” DEP Form 73-115B (Revised 9/05), which is hereby adopted and incorporated
by reference. Copies of the “Final Certification” form are available at the following website:
https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-
forms.
(s) Authorization for construction of armoring or other rigid coastal structures is based on an engineering
review and assessment of the design and anticipated performance and impact of the structure as a complete unit.
Construction of any less than the complete structure as approved by the Department is not authorized and shall
result in the assessment of an administrative fine and the issuance of an order to remove the partially constructed
structure. Modifications to the project size, location, or structural design shall be authorized by the Department
in accordance with rule 62B-33.013, F.A.C.
(2) The permittee shall not commence any excavation, construction, or other physical activity on or
encroaching on the sovereignty land of Florida seaward of the mean high water line or, if established, the erosion
control line until the permittee has received from the Board of Trustees of the Internal Improvement Trust Fund
the required lease, license, easement, or other form of consent authorizing the proposed use.
(3) The permittee shall obtain any applicable licenses or permits required by Federal, state, county, or
municipal law.
(4) This permit does not authorize trespass onto other property.
(5) In the event of a conflict between a general permit condition and a special permit condition, the special
permit condition shall prevail.
(6) Copies of any forms referenced above can be obtained by contacting the Department of Environmental
Protection, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400, at
https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-
forms or by telephoning (850) 245-2094.
Page 105
PERMITTEE: 3711 Ocean South-3, LLC
PERMIT NUMBER: PB-1426
PAGE 6
Approved plans are incorporated into this permit by reference.
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.
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, 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 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 21days 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. 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.
Page 106
PERMITTEE: 3711 Ocean South-3, LLC
PERMIT NUMBER: PB-1426
PAGE 7
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.
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.
EXECUTION AND CLERKING
Executed in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Celora Douse Jackson, Environmental Administrator
Coastal Construction Control Line Program
Office of Resilience and Coastal Protection
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:
Mark A. Powell, P.E., Agent, mpowell@coastal-engineers.com
Jeff Remas, Town of Highland Beach Building Official, bco@highlandbeach.us
David Kieckbusch, Field Inspector, david.kieckbusch@floridadep.gov
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.
11/10/2022
Clerk Date
is hereby acknowledged.
Clerk
Page 107
x 17.66x 17.51Digitally signed by Mark Hunley Date: 2022.09.07 15:22:55 -04'00'RECEIVEDSeptember 14, 2022p,OFFICE OF RESILIENCEAND COASTAL PROTECTIONCOASTAL PROPB-1426OTECTIOTEC2626APPROVED PLAN AS PERMITTEDBY THE OFFICE OF RESILIENCE AND COASTAL PROTECTIONFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED CONSTRUCTION AND ANY OTHER AUTHORIZED ACTIVITIES MUSTCOMPLY WITH ALL CONDITIONS OF THE PERMIT. CONSTRUCTION ANDACTIVITIES ARE STRICTLY LIMITED TO THOSE BOTH SHOWN ON THE APPROVEDPLANS AND LISTED IN THE PROJECT DESCRIPTION. THIS PERMIT IS ISSUEDPURSUANT TO CH. 161, F.S. AND OTHER PERMITS MAY BE REQUIRED.________________________\_____________Reviewed by DateNovember 10, 2022Page 108
Digitally signed by Mark Hunley Date: 2022.08.19 10:52:55 -04'00'RECEIVEDAugust 23, 2022g,OFFICE OF RESILIENCEAND COASTAL PROTECTIONCOASTAL PROTECTIOPB-1426APPROVED PLAN AS PERMITTEDBY THE OFFICE OF RESILIENCE AND COASTAL PROTECTIONFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED CONSTRUCTION AND ANY OTHER AUTHORIZED ACTIVITIES MUSTCOMPLY WITH ALL CONDITIONS OF THE PERMIT. CONSTRUCTION ANDACTIVITIES ARE STRICTLY LIMITED TO THOSE BOTH SHOWN ON THE APPROVEDPLANS AND LISTED IN THE PROJECT DESCRIPTION. THIS PERMIT IS ISSUEDPURSUANT TO CH. 161, F.S. AND OTHER PERMITS MAY BE REQUIRED.________________________\_____________Reviewed by DateNovember 10, 2022DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED LIGHTING PLANThis approval is limited to the exterior lights depicted on the stamped plans. This approval does not relieve the applicant of the responsibility to obtain any other approvals or permits which may be required by Federal, State, County or Municipal law.______________\___________ Reviewed by Date November 10, 2022Page 109
Digitally signed by Mark Hunley Date: 2022.08.19 10:53:03 -04'00'RECEIVEDAugust 23, 2022g,OFFICE OF RESILIENCEAND COASTAL PROTECTIONCOASTAL PROTECTIOPB-1426APPROVED PLAN AS PERMITTEDBY THE OFFICE OF RESILIENCE AND COASTAL PROTECTIONFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED CONSTRUCTION AND ANY OTHER AUTHORIZED ACTIVITIES MUSTCOMPLY WITH ALL CONDITIONS OF THE PERMIT. CONSTRUCTION ANDACTIVITIES ARE STRICTLY LIMITED TO THOSE BOTH SHOWN ON THE APPROVEDPLANS AND LISTED IN THE PROJECT DESCRIPTION. THIS PERMIT IS ISSUEDPURSUANT TO CH. 161, F.S. AND OTHER PERMITS MAY BE REQUIRED.________________________\_____________Reviewed by DateNovember 10, 2022DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED LIGHTING PLANThis approval is limited to the exterior lights depicted on the stamped plans. This approval does not relieve the applicant of the responsibility to obtain any other approvals or permits which may be required by Federal, State, County or Municipal law.______________\___________ Reviewed by Date November 10, 2022Page 110
Digitally signed by Mark Hunley Date: 2022.08.19 10:53:11 -04'00'RECEIVEDAugust 23, 2022g,OFFICE OF RESILIENCEAND COASTAL PROTECTIONCOASTAL PROTECTIOPB-1426APPROVED PLAN AS PERMITTEDBY THE OFFICE OF RESILIENCE AND COASTAL PROTECTIONFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED CONSTRUCTION AND ANY OTHER AUTHORIZED ACTIVITIES MUSTCOMPLY WITH ALL CONDITIONS OF THE PERMIT. CONSTRUCTION ANDACTIVITIES ARE STRICTLY LIMITED TO THOSE BOTH SHOWN ON THE APPROVEDPLANS AND LISTED IN THE PROJECT DESCRIPTION. THIS PERMIT IS ISSUEDPURSUANT TO CH. 161, F.S. AND OTHER PERMITS MAY BE REQUIRED.________________________\_____________Reviewed by DateNovember 10, 2022DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED LIGHTING PLANThis approval is limited to the exterior lights depicted on the stamped plans. This approval does not relieve the applicant of the responsibility to obtain any other approvals or permits which may be required by Federal, State, County or Municipal law.______________\___________ Reviewed by Date November 10, 2022Page 111
Digitally signed by Mark Hunley Date: 2022.08.19 10:53:19 -04'00'RECEIVEDAugust 23, 2022g,OFFICE OF RESILIENCEAND COASTAL PROTECTIONCOASTAL PROTECTIOPB-1426APPROVED PLAN AS PERMITTEDBY THE OFFICE OF RESILIENCE AND COASTAL PROTECTIONFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED CONSTRUCTION AND ANY OTHER AUTHORIZED ACTIVITIES MUSTCOMPLY WITH ALL CONDITIONS OF THE PERMIT. CONSTRUCTION ANDACTIVITIES ARE STRICTLY LIMITED TO THOSE BOTH SHOWN ON THE APPROVEDPLANS AND LISTED IN THE PROJECT DESCRIPTION. THIS PERMIT IS ISSUEDPURSUANT TO CH. 161, F.S. AND OTHER PERMITS MAY BE REQUIRED.________________________\_____________Reviewed by DateNovember 10, 2022Page 112
Digitally signed by Mark Hunley Date: 2022.08.19 10:53:27 -04'00'RECEIVEDAugust 23, 2022g,OFFICE OF RESILIENCEAND COASTAL PROTECTIONCOASTAL PROTECTIOPB-1426APPROVED PLAN AS PERMITTEDBY THE OFFICE OF RESILIENCE AND COASTAL PROTECTIONFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED CONSTRUCTION AND ANY OTHER AUTHORIZED ACTIVITIES MUSTCOMPLY WITH ALL CONDITIONS OF THE PERMIT. CONSTRUCTION ANDACTIVITIES ARE STRICTLY LIMITED TO THOSE BOTH SHOWN ON THE APPROVEDPLANS AND LISTED IN THE PROJECT DESCRIPTION. THIS PERMIT IS ISSUEDPURSUANT TO CH. 161, F.S. AND OTHER PERMITS MAY BE REQUIRED.________________________\_____________Reviewed by DateNovember 10, 2022Page 113
3521 STATE ROAD A-1-A43.7540.1698.16'N 89 28' 19"E 290 +/-S 01 18'33"W 59.98'N 00 58'48"E 60.00NORTH 120 FEET158.3N 04 15'49"E 60.21'N 89 28' 19"E 297.342"E 1632.80'LEGENDCIVIL PLANS FOR:PROPOSED RESIDENCE3521 S. OCEAN BLVDHIGHLAND BEACH, FLORIDAFlorida PE # 87358Andre M. Webster, P.E.www.cec-fl.comandre@cec-fl.comNo: Revisions: Date:Phone: 561-847-03988195 WHITE ROCK CIRCLEBOYNTON BEACH, FL 33436CERTIFICATE OF AUTHORIZATION #33369Project #:22-074Issue Date: 08/09/22Drawn By: AMWChkd By: AMWScale: As ShownEW-1CUT/FILL PLANNEARTHWORK PLANEARTHWORK ESTIMATE FOR EXCAVATION & FILLEASTWARD OF CCCL FOR NEW PROJECT PLANSAndre M WebsterDigitally signed by Andre M Webster Date: 2022.08.18 10:28:14 -04'00'RECEIVEDAugust 23, 2022g,OFFICE OF RESILIENCEAND COASTAL PROTECTIONCOASTAL PROTECTIOPB-1426APPROVED PLAN AS PERMITTEDBY THE OFFICE OF RESILIENCE AND COASTAL PROTECTIONFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED CONSTRUCTION AND ANY OTHER AUTHORIZED ACTIVITIES MUSTCOMPLY WITH ALL CONDITIONS OF THE PERMIT. CONSTRUCTION ANDACTIVITIES ARE STRICTLY LIMITED TO THOSE BOTH SHOWN ON THE APPROVEDPLANS AND LISTED IN THE PROJECT DESCRIPTION. THIS PERMIT IS ISSUEDPURSUANT TO CH. 161, F.S. AND OTHER PERMITS MAY BE REQUIRED.________________________\_____________Reviewed by DateNovember 10, 2022Page 114
Michael FlaughDigitally signed by Michael Flaugh Date: 2021.08.18 09:30:15 -04'00'RECEIVEDAugust 23, 2022gg,OFFICE OF RESILIENCEAND COASTAL PROTECTIONTECTIOOASTAL PROTCPB-1426APPROVED PLAN AS PERMITTEDBY THE OFFICE OF RESILIENCE AND COASTAL PROTECTIONFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED CONSTRUCTION AND ANY OTHER AUTHORIZED ACTIVITIES MUSTCOMPLY WITH ALL CONDITIONS OF THE PERMIT. CONSTRUCTION ANDACTIVITIES ARE STRICTLY LIMITED TO THOSE BOTH SHOWN ON THE APPROVEDPLANS AND LISTED IN THE PROJECT DESCRIPTION. THIS PERMIT IS ISSUEDPURSUANT TO CH. 161, F.S. AND OTHER PERMITS MAY BE REQUIRED.________________________\_____________Reviewed by DateNovember 10, 2022Page 115
Michael FlaughDigitally signed by Michael Flaugh Date: 2021.08.18 09:30:53 -04'00'RECEIVEDAugust 23, 2022g,OFFICE OF RESILIENCEAND COASTAL PROTECTIONCTIOASTAL PROTECCOAPB-1426APPROVED PLAN AS PERMITTEDBY THE OFFICE OF RESILIENCE AND COASTAL PROTECTIONFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONAPPROVED CONSTRUCTION AND ANY OTHER AUTHORIZED ACTIVITIES MUSTCOMPLY WITH ALL CONDITIONS OF THE PERMIT. CONSTRUCTION ANDACTIVITIES ARE STRICTLY LIMITED TO THOSE BOTH SHOWN ON THE APPROVEDPLANS AND LISTED IN THE PROJECT DESCRIPTION. THIS PERMIT IS ISSUEDPURSUANT TO CH. 161, F.S. AND OTHER PERMITS MAY BE REQUIRED.________________________\_____________Reviewed by DateNovember 10, 2022Page 116
Michael FlaughDigitally signed by Michael Flaugh Date: 2021.08.18 09:31:32 -04'00'RECEIVEDAugust 23, 2022g,OFFICE OF RESILIENCEAND COASTAL PROTECTIONL PROTECTIOCOASTALPB-1426Page 117
$$
RECEIVED
August 23, 2022g,
OFFICE OF RESILIENCE
AND COASTAL PROTECTIONCOASTAL PROTECTIO
PB-1426
DEPARTMENT OF ENVIRONMENTAL PROTECTION
APPROVED LIGHTING PLAN
This approval is limited to the exterior lights depicted
on the stamped plans. This approval does not relieve
the applicant of the responsibility to obtain any other
approvals or permits which may be required by Federal,
State, County or Municipal law.
______________\___________
Reviewed by Date
November 10, 2022
Page 118
%%RECEIVED
August 23, 2022g,
OFFICE OF RESILIENCE
AND COASTAL PROTECTIONCOASTAL PROTECTIO
PB-1426
DEPARTMENT OF ENVIRONMENTAL PROTECTION
APPROVED LIGHTING PLAN
This approval is limited to the exterior lights depicted
on the stamped plans. This approval does not relieve
the applicant of the responsibility to obtain any other
approvals or permits which may be required by Federal,
State, County or Municipal law.
______________\___________
Reviewed by Date
November 10, 2022
Page 119
&&
RECEIVED
August 23, 2022g,
OFFICE OF RESILIENCE
AND COASTAL PROTECTIONCOASTAL PROTECTIO
PB-1426
DEPARTMENT OF ENVIRONMENTAL PROTECTION
APPROVED LIGHTING PLAN
This approval is limited to the exterior lights depicted
on the stamped plans. This approval does not relieve
the applicant of the responsibility to obtain any other
approvals or permits which may be required by Federal,
State, County or Municipal law.
______________\___________
Reviewed by Date
November 10, 2022
Page 120
RECEIVED
August 23, 2022g,
OFFICE OF RESILIENCE
AND COASTAL PROTECTIONOCOASTAL PROTECTIO
PB-1426
DEPARTMENT OF ENVIRONMENTAL PROTECTION
APPROVED LIGHTING PLAN
This approval is limited to the exterior lights depicted
on the stamped plans. This approval does not relieve
the applicant of the responsibility to obtain any other
approvals or permits which may be required by Federal,
State, County or Municipal law.
______________\___________
Reviewed by Date
November 10, 2022
Page 121
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PUBLIC NOTICE
APPLICATION NO. 22-0017
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 MARK HUNLEY, CHARETTE INTERNATIONAL
ARCHITECTURE, REQUESTING SITE PLAN APPROVAL FOR A NEW THREE-
STORY, 3,997 SQUARE FOOT SINGLE FAMILY RESIDENCE LOCATED AT 3521
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 142
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
7452005
SUN-SENTINEL
Page 143
Order # - 7452005
SUN-SENTINEL
Page 144