Land Development and Planning Project Files_3425 S. Ocean Blvd._20230905_23-0003TRANSMITTAL FORM
REPORT OF REVIEW &
ACTION BY TOWN COMMISSION
Transmit to: Town Planner Ingrid Allen
Building Department
Date: September 06, 2023
Applicant/Owner: Mark Rothenborg / Le Signature Condominium Association
Property Address: 3425 S. Ocean Blvd., Highland Beach, FL 33487
Property Control Number: 24-43-46-33-41-000-0010
Application No. 23-0003
Preliminary Review:
Final Review: major modification to an existing building, as provided in
section 30-39 of the Town Code of Ordinances, including but not limited to
changes to the exterior façade and balconies for the property located at 3425
South Ocean Boulevard.
Amended Site Plan Review
Other
AT THE SEPTEMBER 05, 2023, MEETING, THE TOWN COMMISSION REVIEWED THE ABOVE
MATTER PURSUANT TO CHAPTER 30 OF THE TOWN CODE OF ORDINANCES, AND HEREBY
CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN:
Denied
Approved
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:David/Peters - Moved to approve Development Application No. 23-
0003 as presented. Based upon roll call: Commissioner David (Yes);
Commissioner Peters (Yes); Commissioner Goldberg (Yes); Vice Mayor Stern
(Yes); and Mayor Moore (Yes). The motion passed 5 to 0.
CLERK’S OFFICE USE ONLY:
Transmitted to the Building Department: 09/06/2023
REVIEW GIVEN TO SUBJECT PROPERTY
TOWN COMMISSION
STAFF REPORT
MEETING OF: SEPTEMBER 5, 2023
TO: TOWN COMMISSION
FROM: INGRID ALLEN, TOWN PLANNER
SUBJECT: APPLICATION BY MARK ROTHENBERG, ELLEMAR
ENTERPRISES LLC, FOR A MAJOR MODIFICATION TO AN
EXISTING BUILDING, AS PROVIDED IN SECTION 30-39 OF THE
TOWN CODE OF ORDINANCES, INCLUDING BUT NOT LIMITED
TO CHANGES TO THE EXTERIOR FAÇADE AND BALCONIES
FOR THE PROPERTY LOCATED AT 3425 SOUTH OCEAN
BOULEVARD (DO#23-0003).
Applicant (Property Owner): Le Sanctuaire Condominium Association, Inc.
3425 South Ocean Boulevard
Highland Beach, FL 33487
Applicant’s Agent: Mark Rothenberg
Ellemar Enterprises LLC
6810 North State Road 7
Coconut Creek, FL 33073
Property Characteristics:
Comprehensive Plan Land Use: Multi Family Medium Density
Zoning District: Residential Multiple Family Medium Density (RMM)
Parcel PCN#: 24-43-46-33-41-000-0010, 24-43-46-33-41-000-0020,
24-43-46-33-41-000-0030, 24-43-46-33-41-000-0040.
Site Location: 3425 South Ocean Boulevard
I. GENERAL INFORMATION:
HIGHLAND BEACH BUILDING DEPARTMENT
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ph: (561) 278-4540
Fx: (561) 265-3582
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Property Background:
On April 7, 1992, the Board of Adjustment held a Workshop Meeting whereby the Board considered
a request for relief from side setbacks from 20 feet to 16 feet 6 inches, and height requirements from
40 feet to 50 feet 10 inches for a proposed four (4) unit condominium at 3425 South Ocean
Boulevard. The Chairman of the Board announced the Public Meeting for the item to be held on
April 21, 1992.
On April 21, 1992, the Board of Adjustment approved a variance allowing side setbacks for the
parking garage to be reduced from 20 feet to 16 feet 6 inches and denying a variance request to
increase the building height from 40 feet to 50 feet 10 inches (motion carried 7-0).
On June 10, 1992, the Planning Board considered a preliminary review for a four (4)-unit
condominium at 3425 South Ocean Boulevard. The Planning Board gave final approval (motion
carried 5-0).
On June 30, 1992, the Town Commission held a Workshop Meeting whereby the Commission
reviewed “the proposal” for the property located at 3425 South Ocean Boulevard. The Town
Commission moved the matter to the July 7, 1992 Town Commission Regular Meeting consent
agenda for consideration.
On July 7, 1992, the Town Commission approved a proposal for 3425 South Ocean Boulevard
(motion carried 5-0).
Request and Analysis:
The Applicant is proposing a major modification to an existing four (4) unit condominium (Le
Sanctuaire) located at 3425 South Ocean Boulevard. Pursuant to Section 30-39 of the Town Code,
major modifications to existing buildings are described as follows:
“…that alter existing principal or accessory structures, including but not limited to
the building footprint, number of square feet, building height, number of dwelling
units, parking requirements, change in exterior facade, change of use, change of
roof line, change of elevation, all exterior walls, balconies, foundations, accessory
structures, and similar substantial improvements as determined by the building
official.
The proposed major modification consists of the following:
- Replacement of existing balcony railings with glass.
- Exterior façade changes that include modification to architectural style consisting of the
addition of pilasters to the front of the building, decorative fins to the front and side of
the building, as well as the addition of wall/eyebrow architectural features.
- Replace existing Spanish roof tiles with a metal roof.
The Applicant is also proposing new landscaping on the property (there are no proposed changes
to the landscaping in FDOT’s right -of-way along State Road A1A ), changes to the configuration
of the existing pool, changes to windows and doors, the addition of a waterfall feature at the front
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of the building as well as additional hardscape changes including t he replacement of pavers along
the driveway, pool and north terrace all of which are attained via the building permit process. It is
worth noting that while part of the existing structure as well as some of the proposed major
modifications are located east of the Coastal Construction Control Line (CCCL), the Florida
Department of Environmental Protection (FDEP) ha s determined that such proposed changes are
exempt activities and therefore do not require a FDEP permit.
According to Section 30-39(b) and Section 30-31 of the Town Code, major modifications are to be
approved in the same manner as the original structure/application. As noted above, the Town
Commission approved a proposal for the property on July 7, 1992, and therefore the proposed major
modification requires the approval of the Town Commission. On August 10, 2023, the Planning
Board recommended approval of the major modification request (motion carried 6-0).
Following an approval by the Town Commission 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 of the
approved major modification shall be initiated within two (2) years following the date of approval
by the Town Commission.
Staff has reviewed the Applicant’s proposed request including plans date stamped received by the
Building Department on July 25, 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
Ingrid Allen
Town Planner
Attachments: Application
Aerials
FDEP correspondence (dated February 1, 2023)
Town Commission Workshop Meeting minutes (June 30, 1992).
Town Commission Regular Meeting minutes (July 7, 1992).
Applicant proposed Plans (11X17)
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342 5 South Ocea n Boul eva rd Palm Be ach Cou ntyNone
Aug ust 1, 20 23
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 32
01/09/2023SUBJECT PROPERTY3425 South Ocean Boulevard (front)Page 33
3425 South Ocean Boulevard (rear)01/09/2023SUBJECT PROPERTYPage 34
From: Mark Powell <mpowell@coastal-engineers.com>
Date: February 1, 2023 at 3:43:11 PM EST
To: Mark <mark@ellemar.com>
Cc: Carlos Linares <Carlos@stofft.com>
Subject: FW: 3425 South Ocean Boulevard, Highland Beach - Request for Confirmation of Exemption
Mark,
Please see email below from DEP. I believe this will satisfy the Town but let me know if you need
anything else.
Thank you,
Mark A. Powell, P.E.
Isiminger & Stubbs Engineering, Inc.
Registry Number: 8114
649 US Highway 1, Suite 9
North Palm Beach, FL 33408
561-881-0003
e-mail: mpowell@coastal-engineers.com
www.coastal-engineers.com
Attention:
This email and any files transmitted with it from Isiminger & Stubbs Engineering, Inc., are preliminary
unless signed and sealed and are confidential and intended solely for use by the individual or entity to
whom they are addressed. If you have received this email in error, please immediately notify the
sender.
From: Kieckbusch, David <David.Kieckbusch@FloridaDEP.gov>
Sent: Wednesday, February 1, 2023 3:37 PM
To: Mark Powell <mpowell@coastal-engineers.com>
Subject: 3425 South Ocean Boulevard, Highland Beach - Request for Confirmation of Exemption
Mark,
No permit is necessary for the repair/replacement of the seaward portion of the dune walkover since it
will occur in the original footprint and the installation/improvement of the façade as it does not include
any foundation work. These are exempt activities according to 62B-33.004 F.A.C.
The proposed fountains do not require a CCCL permit because they are considered non-jurisdictional
since they are landward of the 1997 CCCL.
This is for residence at 3425 S. Ocean Blvd., Highland Beach.
Let me know if you have any questions.
Thank you,
David
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David Kieckbusch
Environmental Specialist II
Florida Department of Environmental Protection
Southeast District – West Palm Beach
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
David.Kieckbusch@floridadep.gov
Office: 561.681.6646
Cell: 561.313.9007
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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 31, 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 31, 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
7468198
SUN-SENTINEL
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Order # - 7468198
SUN-SENTINEL
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SUN-SENTINEL
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TOWN OF HIGHLAND BEACH
NOTICE OF PUBLIC HEARING
APPLICATION NO. 23-0003
500 Ft Public Notification Boundary
July 24, 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, August 10, 2023 at 9:30 AM and the TOWN
COMMISSION will conduct a public hearing on Tuesday, September 5, 2023 at 1:30
PM 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 ROTHENBERG, ELLEMAR ENTERPRISES LLC, FOR
A MAJOR MODIFICATION TO AN EXISTING BUILDING, AS PROVIDED IN
SECTION 30-39 OF THE TOWN CODE OF ORDINANCES, INCLUDING BUT NOT
LIMITED TO CHANGES TO THE EXTERIOR FAÇADE AND BALCONIES FOR
THE PROPERTY LOCATED AT 3425 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 Town Commission 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) 278-4540.
TOWN OF HIGHLAND BEACH, BUILDING DEPARTMENT
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