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Land Development and Planning Project Files_1096 Bel Lido Dr._20240509_PZ-24-1TRANSMITTAL FORM REPORT OF REVIEW & ACTION BY PLANNING BOARD Transmit to: Town Planner Ingrid Allen Building Department Date: May 09, 2024 Applicant/Owner: Anders & Christine Nessen Property Address: 1096 Bel Lido Dr., Highland Beach, FL 33487 Property Control Number: 24-43-47-04-02-003-0040 Application No. PZ-24-1 Preliminary Review: Final Review: Major modification request to allow for the construction of a new two-story pavilion. Amended Site Plan Review Other AT THE May 09, 2024, 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 Approved Approved with Modifications (as noted) Other: IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH MODIFICATIONS, PLEASE NOTE THE BOARD’S FINDINGS: MOTION: Mendelson/Chudnofsky - Moved to approve Development Order PZ-24- 1and the motion passed on a 4 to 0 vote. CLERK’S OFFICE USE ONLY: Transmitted to the Building Department: 05/09/2024 REVIEW GIVEN TO SUBJECT PROPERTY 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. Page 7 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 Page 8 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. Page 9 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) Page 10 Page 11 Page 12 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 Page 13 1096 Bel Lido Drive (front)01/01/2024Page 14 Side corner yard facing Tranquility Drive01/01/2024Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 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 Page 26 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 Page 27 Order # - 7622117 SUN-SENTINEL Page 28