2024.05.09_PB_Agenda_RegularAGENDA
PLANNING BOARD REGULAR MEETING
Thursday, May 09, 2024 AT 9:30 AM
TOWN OF HIGHLAND BEACH, FLORIDA
3614 S. OCEAN BOULEVARD
HIGHLAND BEACH, FL 33487
Telephone: (561) 278-4548
Website: www.highlandbeach.us
Town Hall Commission Chambers
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF THE AGENDA
5. SWEARING IN OF THE PUBLIC
6. APPROVAL OF MINUTES
A. April 11, 2024
7. UNFINISHED BUSINESS
A. None
8. NEW BUSINESS
A. Development Order Application No. PZ-24-1 / Anders & Christine Nessen
Application by Richard Brummer, Opus Homes D&E LLC, for a major
modification request to allow for the construction of a new two-story pavilion for
the property located at 1096 Bel Lido Drive.
9. ANNOUNCEMENTS
May 14, 2024 1:00 PM Code Enforcement Board Meeting
May 21, 2024 1:30 PM Town Commission Meeting
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Agenda – Planning Board Regular Meeting
Thursday, May 09, 2024, 9:30 AM Page 2 of 2
June 13, 2024 9:30 AM Planning Board Meeting
10. ADJOURNMENT
Any person that decides to appeal any decision made by the Board of Adjustment & Appeals with respect to any matter
considered at this meeting, such person will need to ensure that a verbatim record including testimony and evidence
upon which the appeal is based. (State Law requires the above Notice. Any person desiring a verbatim transcript shall
have the responsibility, at his/her own cost, to arrange for the transcript.) The Town neither provides nor prepares such
record. There may be one or more Town Commissioners attending the meeting.
In accordance with the Americans with Disabilities Act (ADA), persons who need accommodation in order to attend or
participate in this meeting should contact Town Hall at (561) 278-4548 within a reasonable time prior to this meeting in
order to request such assistance.
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File Attachments for Item:
A. April 11, 2024
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TOWN OF HIGHLAND BEACH
PLANNING BOARD REGULAR MEETING
MINUTES
LIBRARY COMMUNITY ROOM
3618 South Ocean Boulevard
Highland Beach, Florida 33487
Date: April 11, 2024
Time: 9:30 AM
1. CALL TO ORDER
Chairperson Goldenberg called the meeting to order at 9:30 A.M.
2. ROLL CALL
Board Member Jason Chudnofsky
Board Member David Axelrod
Board Member David Powell
Chairperson Eric Goldenberg
Town Attorney Leonard Rubin
Deputy Town Clerk Jaclyn DeHart
ADDITIONAL STAFF PRESENT
Town Planner Ingrid Allen
ABSENT
Vice Chairperson Ilyne Mendelson
Board Member Roger Brown
Board Member Eve Rosen
3. PLEDGE OF ALLEGIANCE
The Board Members led the Pledge of Allegiance to the United States of Americ a.
4. APPROVAL OF THE AGENDA
Motion: Axelrod/Chudnofsky - Moved to approve the agenda as presented which
passed 4 to 0.
5. SWEARING IN OF THE PUBLIC
Deputy Town Clerk Jaclyn DeHart swore in those giving testimony.
6. APPROVAL OF MINUTES
A. March 14, 2024
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Planning Board Regular Meeting Minutes
Date: April 11, 2024 Page 2 of 3
Motion: Powell/Axelrod - Moved to approve the minutes as presented which
passed 4 to 0.
7. UNFINISHED BUSINESS
A. None.
8. NEW BUSINESS
A. Development Order Application No. 23-0015 / Camron Walsh
Application by William Thomas, unlimited permit services, INC., for a
special exception request to install a 27,000 pound capacity elevator boat
lift for the property located at 1002 Grand Court.
Chairperson Goldenberg read the title of the item and asked the Board Members
if they had any ex parte communications to disclose. The Members had no ex
parte communications.
Chairperson Goldenberg opened the public hearing and called Town Planner
Allen to present the application.
Town Planner Allen presented Development Order No. 23-0015.
Dr. Michael G. Jenkins, ATM’s Coastal Engineering Principal, was sworn in and
then answered questions in reference to the turning radius at the end of the canal.
William Thomas, Unlimited Permit Services, was present but no questions were
asked of him.
The public hearing was closed followed by a motion.
MOTION: Chudnofsky/Axelrod - Moved to approve Development Order No. 24-
0002. Based upon roll call: Member Chudnofsky (Yes), Member
Axelrod (Yes), Member Powell (Yes), and Ch airperson Goldenberg
(Yes). The motion passed on a 4 to 0 vote.
B. Development Order Application No. 24-0002 / Patti & Alan Masarek
Application by Lawrence Frankel, Frankel Homes, 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 additional square footage, and
changes to the exterior façade, and roof line for the property located at 3515
South Ocean Boulevard.
Chairperson Goldenberg read the title of the item and asked the Board Members
if they had any ex parte communications to disclose. The Members had no ex
parte communications.
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Planning Board Regular Meeting Minutes
Date: April 11, 2024 Page 3 of 3
Chairperson Goldenberg opened the public hearing and called Town Planner
Allen to present the application.
Town Planner Allen presented Development Order No. 24-0002.
Carlos Linares of Randall Stofft Architects presented a rendering of the front of
the home and spoke about the project.
The public hearing was closed followed by a motion.
Motion: Axelrod/Powell - Moved to approve Development Order No. 23-
0015. Based upon roll call: Member Axelrod (Yes), Member Powell
(Yes), Member Chudnofsky (Yes) and Chairperson Goldenberg
(Yes). The motion passed on a 4 to 0 vote.
9. ANNOUNCEMENTS
Chairperson Goldenberg read the announcements as follows.
April 16, 2024 1:30 PM Town Commission Meeting
May 07, 2024 1:30 PM Town Commission Meeting
May 09, 2024 9:30 AM Planning Board Meeting
10. ADJOURNMENT
The meeting adjourned at 9:54 AM.
APPROVED on May 09, 2024, Planning Board Regular Meeting.
_________________________________
Eric Goldenberg, Chairperson
ATTEST:
Transcribed by: Jaclyn DeHart
05/09/2024
____________________________________ _____________________________
Jaclyn DeHart Date
Deputy Town Clerk
Disclaimer: Effective May 19, 2020, per Resolution No. 20 -008, all meeting minutes are
transcribed as a brief summary reflecting the event of this meeting. Verbatim audio/video
recordings are permanent records and are available on the Town’s Media Archives &
Minutes webpage: https://highlandbeach-fl.municodemeetings.com/.
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File Attachments for Item:
A. Development Order Application No. PZ-24-1 / Anders & Christine Nessen
Application by Richard Brummer, Opus Homes D&E LLC, for a major modification
request to allow for the construction of a new two-story pavilion for the property located
at 1096 Bel Lido Drive.
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PLANNING BOARD
STAFF REPORT
MEETING OF: May 9, 2024
TO: PLANNING BOARD
FROM: INGRID ALLEN, TOWN PLANNER
SUBJECT: APPLICATION BY RICHARD BRUMMER, OPUS HOMES D&E
LLC, FOR A MAJOR MODIFICATION REQUEST TO ALLOW FOR
THE CONSTRUCTION OF A NEW TWO-STORY PAVILION FOR
THE PROPERTY LOCATED AT 1096 BEL LIDO DRIVE. (DO# PZ-
24-1).
Applicant (Property Owner): Anders J. and Christine A. Nessen
1096 Bel Lido Drive
Highland Beach, FL 33487
Applicant’s Agent: Richard Brummer
Opus Homes D&E LLC
455 NE 5th Avenue, D-332
Delray Beach, FL 33483
Property Characteristics:
Comprehensive Plan Land Use: Single Family
Zoning District: Residential Single Family (RS)
Parcel PCN#: 24-43-47-04-02-003-0040
Site Location: 1096 Bel Lido Drive
Property Background:
According to the Palm Beach County Property Appraiser, the existing home was built in 1971.
(Note there is no Building Department record of the original site plan approval for the existing
residence).
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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Request and Analysis:
The Applicant’s request is for a major modification to allow for the construction of a new two-story
pavilion for the property located at 1096 Bel Lido Drive (DO# PZ-24-1). Section 30-67(b) of the
Town Code permits accessory uses in the RS zoning district. Section 30-131 of the Town Code
defines an accessory use as follows:
Use, accessory means a permitted use that is customarily associated with the principal use
or structure, is located on the same lot as the principal use or structure, is clearly incidental
to the principal use, and is subordinate in area, extent, or purpose to and serves only the
principal use.
While Section 30-39 of the Town Code references major modifications as alterations to “existing”
principal or accessory structures (as described below), the proposed two-story pavilion is detached
from the existing single-family residence and is therefore not a modification to an existing structure.
Given the scope of the project, staff has determined that the proposed pavilion also be processed as
a major modification.
Section 30-39. – Modifications to existing buildings.
(1)Major modifications 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 two-story pavilion consists of the following:
- First Floor: open pavilion (288 square feet), storage area (69 square feet), and bath (81
square feet under AC).
- Second Floor: office/game room and bath. A total of 390 square feet under AC.
The Applicant has indicated that no landscaping will be modified to construct the pavilion.
According to Section 30-39(b) of the Town Code, major building modifications are to be reviewed
in the same manner as an original structure or use as required by Chapter 30 (Zoning Code). Section
30-31 of the Town Code requires site plan approval from the Planning Board for new single-family
residences. Pursuant to Section 30-22 of the Town Code, when acting in a decision-making capacity,
the Planning Board shall approve, approve with conditions, or deny applications for development
approval which includes major modifications.
If the request is approved 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 of the approved
major modification 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 April 26, 2024 and finds that the project is consistent with the Code of
Ordinances.
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Should you have any questions, please feel free to contact me at (561) 637-2012 or
iallen@highlandbeach.us
Attachments: Application
Aerials
Applicant proposed Plans (11X17)
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Palm Beach County
Legend
±0 0.01 0.020
Miles Scale: 1:576
Date: 4/23/2024
Time: 3:22 PM
1096 Bel Lido Drive
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1096 Bel Lido Drive (front)01/01/2024Page 14
Side corner yard facing Tranquility Drive01/01/2024Page 15
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PUBLIC NOTICE
APPLICATION NO. PZ-24-1
500 Ft Public Notification Boundary
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, May 9th, 2024 at 9:30 AM in the
Commission Chambers at Town Hall located at 3614 South Ocean Boulevard,
Highland Beach, Florida to consider the following application.
APPLICATION BY RICHARD BRUMMER, OPUS HOMES D&E LLC, FOR A
MAJOR MODIFICATION REQUEST TO ALLOW FOR THE CONSTRUCTION OF
A NEW TWO-STORY PAVILION FOR THE PROPERTY LOCATED AT 1096 BEL
LIDO DRIVE.
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) 278-4540.
TOWN OF HIGHLAND BEACH, BUILDING DEPARTMENT
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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, and by publication on the
newspaper¶s website, if authorized on Apr 29, 2024
SSC_Notice of Public Meeting
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: April 29, 2024.
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
7622117
SUN-SENTINEL
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Order # - 7622117
SUN-SENTINEL
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