Loading...
2024.07.29_BAA_Agenda_RegularAGENDA BOARD OF ADJUSTMENT & APPEALS REGULAR MEETING Monday, July 29, 2024 AT 10:00 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. January 21, 2024 7. NEW BUSINESS A. Application No. PZ-24-2 / Maria and Stephen Garchick Consideration of Application No. PZ-24-2 by Michael Marshall, Esq., for an Appeal of a Town interpretation regarding customary yard accessories for the property located at 2474 South Ocean Boulevard. 8. UNFINISHED BUSINESS None. 9. ANNOUNCEMENTS August 06, 2024 1:30 P.M. Town Commission Meeting August 08, 2024 9:30 A.M. Planning Board Regular Meeting Page 1 Agenda – Board of Adjustment & Appeals Regular Meeting Monday, July 29, 2024, 10:00 AM Page 2 of 2 August 13, 2024 1:00 P.M. Code Enforcement Board Regular 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. Page 2 File Attachments for Item: A. January 21, 2024 Page 3 TOWN OF HIGHLAND BEACH TOWN BOARD OF ADJUSTMENT & APPEALS REGULAR MEETING MINUTES Library Community Room 3614 South Ocean Boulevard Highland Beach, Florida 33487 Date: January 31, 2024 Time: 9:30 AM 1. CALL TO ORDER Vice Chairperson Fred Rosen called the meeting to order at 9:30 A.M. 2. ROLL CALL Board Member Harris Rosen Board Member Michael Thorson Board Member Todd Weiss Board Member Joel Leinson Vice Chairperson Fred Rosen Attorney Leonard Rubin Town Planner Ingrid Allen Town Clerk Lanelda Gaskins ABSENT Chairperson Bonnie Pikkel ADDITIONAL STAFF: Ingrid Allen, Town Planner 3. PLEDGE OF ALLEGIANCE The Board led the Pledge of Allegiance to the United States of America. 4. APPROVAL OF THE AGENDA MOTION: Leinson/H. Rosen – Moved to approve the agenda, which passed unanimously 5 to 0. 5. SWEARING IN OF THE PUBLIC Town Clerk Gaskins swore in those witnesses giving testimony. Page 4 Board of Adjustment & Appeals Regular Meeting Minutes Date: January 31, 2024 Page 2 of 4 6. APPROVAL OF MINUTES A. October 07, 2021 7. UNFINISHED BUSINESS None. 8. NEW BUSINESS A. Welcome New Members Joel Leinson Todd Weiss Michael R. Thorson Harris Rosen Vice Chairperson Rosen welcomed the new members to the board. B. Nomination of Chairperson, Vice Chairperson and Secretary The Board Members discussed the nominations of a Chairperson, Vice Chairperson, and Secretary followed by several motions. MOTION: H. Rosen/Weiss - Moved to nominate Fred Rosen as the Chairperson for a one-year term ending January 31, 2025. The motion passed unanimously 5 to 0. C. Nomination of Vice Chairperson MOTION: F. Rosen/Weiss - Moved to nominate Michael Thorson as the Vice Chairperson for a one-year term ending January 31, 2025. The motion passed unanimously 5 to 0. D. Nomination of Secretary MOTION: F. Rosen/Weiss - Moved to nominate Harris Rosen as Secretary for a one-year term ending January 31, 2025. The motion passed unanimously 5 to 0. Page 5 Board of Adjustment & Appeals Regular Meeting Minutes Date: January 31, 2024 Page 3 of 4 E. Application No. 23-2790 / Frank and Laura Troiano Consideration of Application No. 23-2790 by Frank and Laura Troiano for a variance from Section 30-103(D) and Section 30-64 of the Town Code of Ordinances to create a lot with a minimum lot width of 68.06 feet in lieu of the required 80-foot minimum lot width for a single-family dwelling in the Residential Multiple Family Low Density (RML) Zoning District for the property located at 4611 South Ocean Boulevard (west side of State Road A1A). Chairperson Rosen read the title of Application No. 23-2790 / Frank and Laura Troiano. He asked the Members to disclose any ex parte communications, and there were none. Chairperson Rosen opened the item for the public hearing. Town Planner Allen provided an overview of Application No. 23 -2790. Following the presentation, discussion ensued by the Board Members and Town Staff regarding the Variance application. Laura Troiano, the property owner, provided comments about her property and the variance request. There being no further comments or questions, Chairperson Rosen closed the public hearing. He called for a motion. MOTION: H. Rosen/F. Rosen - Moved to grant the variance (Variance Application No. 23-2790). Upon roll call: Member H. Rosen (Yes), Chairperson F. Rosen (Yes); Members Weiss (Yes), Leinson (Yes), and Thorson (Yes). The motion passed on a 5 to 0 vote. F. Government in the Sunshine Law Orientation Town Attorney Rubin provided an overview of the Government in the Sunshine Law 9. ANNOUNCEMENTS February 01, 2024 6:00 P.M. Palm Beach County Community Meeting hosted by County Commissioner Marci Woodward, District 4 February 06, 2024 1:30 P.M. Town Commission Meeting February 07, 2024 9:30 P.M. Natural Resources Preservation Advisory Board Regular Meeting February 13, 2024 1:00 P.M. Code Enforcement Board Regular Meeting February 20, 2024 1:30 P.M. Town Commission Meeting Page 6 Board of Adjustment & Appeals Regular Meeting Minutes Date: January 31, 2024 Page 4 of 4 10. ADJOURNMENT The meeting adjourned at 10:04 A.M. APPROVED: July 09, 2024, Board of Adjustment & Appeals Regular Meeting ATTEST: Fred Rosen, Chairperson Transcribed by: Lanelda Gaskins Lanelda Gaskins, MMC Town Clerk Date Disclaimer: Effective May 19, 2020, per Resolution No. 20-008, all meeting minutes are transcribed as a brief summary reflecting the events of the meeting. Verbatim audio/video of this meeting can be found on the town’s Media Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com/. Page 7 File Attachments for Item: A. Application No. PZ-24-2 / Maria and Stephen Garchick Consideration of Application No. PZ-24-2 by Michael Marshall, Esq., for an Appeal of a Town interpretation regarding customary yard accessories for the property located at 2474 South Ocean Boulevard. Page 8 Board of Adjustment and Appeals STAFF REPORT MEETING OF: July 29, 2024 TO: BOARD OF ADJUSTMENT AND APPEALS (BOAA) FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY MICHAEL MARSHALL, ESQ., FOR AN APPEAL OF A TOWN INTERPRETATION REGARDING CUSTOMARY YARD ACCESSORIES FOR THE PROPERTY LOCATED 2474 SOUTH OCEAN BOULEVARD (PZ-24-2) Applicant (Property Owner): Marla and Stephen Garchik 2474 South Ocean Boulevard Highland Beach, FL 33487 Applicant’s Agent: Michael Marshall, Esquire 100 S. E. 3rd Avenue, Suite 2700 Fort Lauderdale, FL 33394 Property Characteristics: Comprehensive Plan Land Use: Single Family Zoning District: Residential Single Family (RS) Property Location: 2474 South Ocean Boulevard Parcel PCN#: 24-43-46-28-09-000-0131 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 Residential Single Family Estates Lots (RE) Single Family West NA (Intracoastal Waterway) NA (Intracoastal Waterway) Property History: On September 13, 2023, a building permit request was submitted to the Building Department for an “exterior pergola structure” (Permit No. APP23-2129). On December 27, 2023, a Town Code violation (No. CC2023-12-017) was issued for the construction of a pergola without a permit. On January 19, 2024, the permit was cancelled by the Town’s Building Official, Jeff Remas, citing that the pergola was built without a permit. On March 12, 2024, the Code Enforcement Board assessed a daily fine of $250.00 per day commencing on May 12, 2024 and continuing to accrue until the property is brought into compliance. Note that the Applicant is scheduled to go back before the Code Enforcement Board on July 9, 2024. Request and Analysis: Pursuant to Section 30-40(p) of the Town Code of Ordinances (“Town Code”), appeals of a decision, order, requirement, determination, or interpretation of the building official or other Town official regarding the provisions of Chapter 30 (Zoning Code) shall be filed with the BOAA. The Applicant’s appeal is specific to a code violation issued on December 27, 2023 for the construction of a pergola without a permit (No. CC2023-12-017). The above-referenced code violation as well as the Applicant’s permit application (APP23-2129) references the structure in question as a “pergola;” however, in the appeal narrative submitted by the Applicant’s authorized agent, Michael Marshall, Esq., the structure is referred to as a “free-standing accessory structure.” For the purposes of this analysis the applicant’s free-standing accessory structure will be referred to as ‘structure’. Section 30-131 of the Town Code defines accessory structure as follows: Structure, accessory means a detached building or other improvement which is clearly incidental to the principal structure, and is subordinate in area, extent, size, or purpose and serves only the principal structure. Page 10 Section 30-68(c)(2) of the Town Code provides for the following permitted encroachments under the subheading of ‘accessory uses’: Encroachments. Fences, walls, vegetation, poles, and other customary yard accessories, pool decks, ornaments, and furniture may be permitted in any yard subject to height limitations and visibility requirements. The Applicant states that the structure, which measures 231.575 square feet with a height of 10 feet, is a customary yard accessory as provided in Section 30-68(c)(2). Staff finds that the Applicant’s structure is not comparable, in terms of size and scale, to the customary yard accessory examples provided in Section 30-68(c)(2) to include fences, walls, vegetation, and poles. Other permitted encroachments including pool decks, ornaments and furniture are also not comparable to the Applicant’s structure (Note that Section 30-68(f)(1)b. of the Town Code requires swimming pool decks to be set back at least four (4) feet from rear or side lot lines ). In addition, the structure is located within the required 20-foot rear setback for the RS zoning district. According to the Applicant’s survey, the structure is located four (4) feet from the rear property line. The Town Code does not permit the Applicant’s structure to encroach the required setback. For reference purposes, Section 30-66(c) of the Town Code allows for the following additional encroachments into setbacks for all residential zoning districts: (1) Unless otherwise provided in the Code, the following structures are allowed in the side or rear required setbacks as set forth herein. a. Walkways, patios, and other hard surfaces for walking, gathering and sitting. b. Overhangs. c. Air conditioner condensers, pool heaters, pool equipment or heat pumps. d. Steps/stairways for the principal building. e. Electric meters, fuse boxes, generator control boxes, tankless hot water heaters, and hose bibs. f. Screen enclosures (only if the rear of the property line borders a body of water, then may extend to not less than five (5) feet from the right-of-way line or bulkhead line, whichever is further landward). (2) Unless otherwise provided in the Code, the following structures are allowed in front, side or rear required setbacks as set forth herein. a. Fences, walls, and hedges. b. Generators. c. Buried propane tanks. It’s worth noting that Section 30-68(i) of the Town Code requires a dune walkover structure to comply with the setbacks of the zoning district in which it is located. However, this requirement may be waived by the building official if one of the following applies: a. A beach access easement or similar easement exists which would allow for construction of such structure; or b. An alternative location, as determined by DEP, results in less damage to affected coastal dune and vegetation. Page 11 Pursuant to Section 30-40(p) of the Town Code, the vote of at least four (4) members of the BOAA is necessary to grant an appeal or to reverse the decision, order, requirement, determination, or interpretation of the building official or other Town official. An aggrieved person may appeal a final decision of the BOAA regarding a decision, order, requ irement, determination, or interpretation within thirty (30) days of a decision or order, by seeking judicial review of the final decision with the Fifteenth Circuit Court in and for Palm Beach County. Aggrieved persons may include the applicant, an affect ed party, or the Town manager. Should you have any questions, please feel free to contact me at (561) 637-2012 or iallen@highlandbeach.us Attachments: Application Application backup materials Aerials Photo of accessory structure Survey Building permit application (APP23-2129) Public Comment Page 12 2 TOWN OF HIGHLAND BEACH BOARD OF ADJUSTMENT AND APPEALS (INTERPRETATIONS, DECISIONS, AND APPEALS) Petition # Fees Paid/Receipt No. # Pursuant to Section 30-40(p) of the Town Code of Ordinances, appeals of a decision, order, requirement, determination, or interpretation regarding the provisions of Chapter 30 shall be filed with the Board of Adjustment & Appeals. PROPERTY OWNER INFORMATION Name:Phone:Fax: Mailing Address: Email Address: AUTHORIZED AGENT Name:Phone:Fax: Mailing Address: Email Address: PROPERTY INFORMATION ASSOCIATED WITH THIS PETITION Address:Subdivision: PCN:Lot Size: Zoning District:Present Use: 1.Present Structures (type): 2.The proposed use will be: 3.Describe proposed appeal in separate Applicant narrative: 4.If this petition is granted, the effect will be? 5.Has any previous application or appeal been filed within the last year in connection with these premises? (YES) (NO) If so, briefly state the nature of the application or appeal. 2474 S OCEAN BLVD, HIGHLAND BEACH FL Byrd Beach Sub In 24-43-46-28-09-000-0131 18,502 Sq. Ft. Municipal Residential Residential House and Yard Accessory Structure Cover for Outdoor Dining Area Property Owner will not be required to tear down existing accessory structure x Marla & Stephen Garchick Michael Marshall, Esq.(954) 745-5248 michael.marshall@nelsonmullins.com Attached 2474 S. Ocean Blvd, Highland Beach, FL sgarchik@sjmpartners.com 100 S.E. 3RD AVENUE SUITE 2700, FORT LAUDERDALE, FL 33394 Page 13 (Initial) I, the petitioner, has read the Town of Highland Beach Code of Ordinances, Section 30-40: Variances & Interpretations for code requirements.(YES)___(NO) ___ I give permission to the members of the Town Commission and the Board of Adjustment & Appeals and staff to inspect the property for the purpose of this application. I declare that all statements made herein are true, based upon the best available information, and I understand that willful false statements and the like are misdemeanors of the second degree under Section 837.06, Florida Statutes. Such willful false statements may jeopardize the validity of my application or any decision issued thereon. I have fully read the information outlining the Board procedures and application requirements. With this application, I am submitting the necessary supporting materials listed. ***Owner must supply authorized agent notarized letter attesting to same*** Property Owner’s Signature: Date: Authorized Agent Signature: Date: Condo Assoc. Rep. Signature: _ Date: STATE OF COUNTY OF On this _____ day of 20__ before me personally appeared to me known to be the person who executed the foregoing instruments, and acknowledged that he/she executed the same as his/her free act and deed. (SEAL) Notary Public Signature 3-18-2024 Florida Palm Beach 18th March 24 Stephen. J. Garchik Page 14 4882-6338-3980 v.2 155138/00001 MEMORANDUM TO: TOWN OF HIGHLAND BEACH (“TOWN”) FROM: NELSON MULLINS RILEY & SCARBOROUGH LLP MICHAEL MARSHALL, ESQ. DATE: MARCH 18, 2024 On behalf of Stephen and Marla Garchik, the owners (“Owners”) of the real property located at 2474 South Ocean Boulevard, Highland Beach, Florida (“Subject Property”), the undersigned hereby submits an appeal of the Town staff’s interpretation of the Town’s Zoning Code. The instant appeal concerns an open-walled, roofed “accessory structure” that provides shade and protects the Owner’s outdoor furniture and grill from rain, sun, and other natural elements. The accessory structure is located within the Subject Property’s rear “yard.” Town staff has advised Owners that the accessory structure is not allowed in their “yard” because it is subject to same setback requirements as the principal structure (i.e., the Owner’s single-family residence). The Owners thereafter provided Town staff with an explanation and legal analysis of how the Town Code may be interpreted to allow placement of the accessory structure within their rear “yard.” Town staff thereafter responded by rejecting the Owner’s interpretation. The Owners’ interpretation and Town Planner response are attached hereto as Exhibit A. The Owners’ appeal now follows. Based on the foregoing, the Owners respectfully request, pursuant to Section 30-4(p) of the Town Code, for a review by the Town’s Board and Adjustment and Appeals (“Board”) of Town staff’s determination that the Owner’s accessory structure may not be placed in the Owner’s “yard.” Moreover, the Owner respectfully requests that the instant appeal be placed on the next available Board agenda. Sincerely, Michael Marshall, Esq. Page 15 4882-6338-3980 v.2 155138/00001 Exhibit A Page 16 1 Michael Marshall From:Ingrid Allen <iallen@highlandbeach.us> Sent:Monday, March 4, 2024 3:12 PM To:Michael Marshall Cc:Marshall Labadie; Jeff Remas Subject:RE: 2474 S. Ocean External Source/Sender notice Use caution responding or clicking links/attachments. Michael: The Building Official and myself met with the Town Manager regarding your email below and determined that the property owner either submit for a variance (which I had previously suggested to you) or pursue an appeal of interpretation as provided in Section 30-40 (p). Staff finds that the proposed structure is not comparable to the encroachments referenced in Section 30-68(c)(2) to include fences, walls, vegetation, poles, pool decks (Note that pool decks have a setback which is provided in Section 30-68(f)(1)), ornaments, and furniture. Therefore, such a structure is not considered a “customary yard accessory.” Sec. 30-68(c)(2)Encroachments. Fences, walls, vegetation, poles, and other customary yard accessories, pool decks, ornaments, and furniture may be permitted in any yard subject to height limitations and visibility requirements. Again, you can appeal staff’s interpretation of a “customary yard accessory” which requires consideration by the Board of Adjustment and Appeals. Sincerely, Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach FL 33487 (561) 278-4540 Office (option 3) (561) 278-2606 Fax www.highlandbeach.us Page 17 2 PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the Town of Highland Beach officials and employees regarding public business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. The views expressed in this message may not necessarily reflect those of the Town of Highland Beach. From: Michael Marshall <Michael.Marshall@nelsonmullins.com> Sent: Thursday, February 22, 2024 1:00 PM To: Ingrid Allen <iallen@highlandbeach.us> Subject: 2474 S. Ocean Hi Ingrid. Thanks again for calling me yesterday. Please know that I wasn’t trying to convince you of anything over the phone, but only wanted to explain our interpretafion of the Town Code as it relates to the structure at issue.I also wanted to befter understand whether this issue is truly one of code interpretafion only (which is our understanding), or whether something else is driving the setback comment. Anyway, the purpose of our analysis is two-fold: (1) define the “structure” – that is, how to properly idenfify it according to the terms in the Code, and (2) what if, any, setback requirement applies to this “structure.” Please note, the terms that appear in “quotafion marks” are terms that are specifically defined in the Town Code (and in some instances, that definifion is given in the discussion below). As you know, the Subject Property is located along the Intracoastal Waterway within the RS zoning district. Town Code Secfion 30-64 requires a minimum rear “setback” of 20 feet for structures in the RS district. The “principal structure” on the Subject Property is the Owners’ single-family dwelling, which is placed 20.16 feet from Subject Property’s rear lot line. As such, a “rear yard” that exceeds the minimum required 20 feet has been provided. The Subject Property also features various “improvements” within the “rear yard,” which is typical for a property situated along the Intracoastal Waterway. There is a swimming pool and paved pool deck/pafio with a table for outdoor dining, an outdoor grill, countertop, and an open-walled “accessory structure” that provides shade and protects the outdoor furniture from rain, sun, and other natural elements. We submit the “structure” at issue is a free-standing “accessory structure.” The Code defines “accessory structure” as “a detached building or other improvement which is clearly incidental to the principal structure, and is subordinate in area, extent, size, or purpose and serves only the principal structure.” As to what kind of “accessory structure,” we further submit that it is either a typical “gazebo”, or at the very least, a “common yard accessory” idenfified in Code Secfion 30-68. Page 18 3 But when applying Code Secfion 30-66(c)(1) to conclude that a 20-foot rear setback is applicable to the Owners’ “accessory structure,” Town staff assumes that it is part of the “principal structure” and more narrowly characterized as a pergola. Please know that we realize the Owner’s inifial permit applicafion referred to the structure as a pergola, but the Owner also realizes now that this characterizafion was erroneous and done in haste without considerafion of the terms and phrases that are relevant for purposes of the Town Code. This was truly unfortunate because Town planning staff has explained that since the word “pergola” does not appear in Secfion 30-66(c)(1), then the pergola cannot be a permifted encroachment.Essenfially, the interpretafion means that a pergola (even a free- standing pergola that is clearly an “accessory structure”) must safisfy the same minimum rear setback that applies to a “principal structure” (i.e., 20 feet). First, we respecffully submit that the “accessory structure” at issue is not a pergola.The Town Code does not even ufilize the term pergola, and so the Town Code does not include a definifion of term. It is well established Florida Law that “municipal ordinances are subject to the same rules of construcfion as are state statutes.” Rinker Materials Corp. v. City of N. Miami, 286 So. 2d 552, 553 (Fla. 1973). Thus, when interprefing the Town Code, one must start with “the plain and ordinary meaning of the words employed.” However, “[w]hen a term in the Code lack[s] definifion, then one must “turn[] to the dicfionary meaning to find the plain and ordinary meaning of undefined terms.” Town of Longboat Key v. Islandside Property Owners Coalifion, LLC, ___ So.2d. ____, (Fla. 2d DCA 2012) (cifing Baker Cnty. Med. Servs., Inc. v. Aetna Health Mgmt., LLC, 31 So.3d 842, 845 (Fla. 1st DCA) (“[W]hen a statute does not define a term, we rely on the dicfionary to determine the definifion.”), review denied, 44 So.3d 1177 (Fla. 2010)). According to the Merriam-Webster Dicfionary, a pergola is “a structure usually consisfing of parallel colonnades supporfing an open roof of girders and cross rafters.” (hftps://www.merriam-webster.com/dicfionary/pergola) (emphasis supplied). Moreover, synonyms of pergola include trellis or arbor, which are similarly defined as “a frame of lafticework used as a screen or as a support for climbing plants,” or “a shelter of vines or branches or of lafticework covered with climbing shrubs or vines,” respecfively. (Id.) The Owners’ “accessory structure” is not comprised of laftice work, not intended to support climbing plants, and does not have an open roof of girders and rafters. Therefore, it is the not a pergola. Secondly, we do not believe the “structure” at issue is part of the “principal structure” and thus, we do not believe that a determinafion of the required setback can be based on Code Secfion 30-66(c)(1). Secfion 30-66(c)(1) is concerned with elements of a “principal structure,” such as roof overhangs, bay windows, awnings, balconies, and screen enclosures that extend, or encroach into the adjacent “yard” for some specified distance. Secfion 30-66(c)(1) also allows for electrical and mechanical equipment, such as electrical meters, fuse boxes, air condifioning units, and tankless water heaters to be mounted onto a “principal structure” even though they encroach into the adjacent “yard.” Addifionally, walkways, paved surfaces, steps, and staircases that lead to the principal structures are (quite naturally) allowed to encroach into the adjacent “yard” pursuant to Secfion 30-66(c)(1). If the “yard” is adjacent to a “waterway, canal, or lake,” then the paved and hard surfaces may extend all the way across the “yard” to the rear property line (i.e., no setback requirement applies). Significantly, the very next secfion, Secfion-66(c)(2), is concerned with accessory structures, such as “fences” and “walls,” and the subsecfion begins by expressly stafing “unless otherwise provided in the Code, the following structures are allowed in front, side or rear required setbacks as set forth herein.” (emphasis supplied). Given that Secfion 30-66(c)(2) expressly states that the Town Code may “otherwise provide” with respect to “accessory structures” necessary means that the analysis does not begin and end with Secfion 30-66(c). The quesfion, therefore, is whether the Code otherwise provides for the placement of “accessory structures” within a required “yard.” The answer is yes. More specifically, Town Code Secfion 30-68 includes a list of supplemental regulafions that apply to “structures” and “improvements” that are not menfioned in Secfion 30-66(c)(1) or (c)(2). Such “accessory structures” include swimming pools, cabanas, docks and related marine structures, dune walkover structures, gazebos, and “other customary yard structures.” Page 19 4 For instance, Secfion 30-68(f)(1)(c) allows for alternafive setbacks for a swimming pool and pool deck, which may be placed anywhere within the yard with the approval of the building official and planning and zoning board. Also, Secfion 30-68(f)(3) provides that a “cabana”, which is defined as “an accessory single-level structure customarily associated with ocean or freshwater bathing” has no specific locafional requirements, but “shall comply with the following requirements: (a) single story; (b) not to exceed one-hundred fifty (150) square feet; (c) facilifies for independent living, cooking, eafing,or sleeping are prohibited; and (d) water, electricity and facilifies for sanitafion are permifted.”Secfion 30-68(f)(3), Town Code. Notably, the Owners’ “rear yard” also features a swimming pool and thus a “cabana” associated with the pool would be allowed. That is, if the same type of single-level structure as the accessory structure (that does exceed 150 square feet) were used for bathing, rather than outdoor dining, then it may be placed in the exact same locafion as the structure at issue if approved as such. The fact that certain accessory structures do not have a specific setback requirement is parficularly true when the yard abuts the beach or a waterway, like the Subject Property. Code Secfion 30-68(i)(2) & (3) states that the building official may waive setback requirements for a “dune walkover structure” where doing so minimizes impacts on the dune and vegetafion, even if that places the “accessory structure” on the rear property line with no “setback” provided. Of course, the Owners’ “accessory structure” is not a “dune walkover” either, but interesfingly, the Town Code also refers to “dune walkovers and gazebos” in the subsecfion (m) of Secfion 30-68. Subsecfion (m) is concerned with “temporary” structures and provides that “dune walkovers and gazebos” are considered “expendable” structures not subject to temporal limitafions (like “temporary” structures) and require a building permit.However, there is nothing in subsecfion (m) that detracts from the ability to approve a “dune walkover,” which apparently may include a “gazebo,” that has no “setback” from the rear property line. Indeed, the menfion of “gazebo” in Secfion 30-68(m) is highly relevant to the instant case. The Town Code does not use the term “gazebo” in any other provision, except to provide the following definifion: “an open-styled, single-level accessory structure having floor and roof, but no full walls, which may or may not be provided with electrical service.” Secfion 30-131, Town Code. The definifion of “gazebo” is remarkably descripfive of the Owners’ “accessory structure,” and while the Town Code appears to contemplate “gazebo” as something that is provided as a “dune walkover” (or in conjuncfion with a “dune walkover”), “gazebos” are extremely common “accessory structures” and often seen in the “yards” of properfies, even those that do not front along ocean dunes. In the final analysis, whether the Owner’s “accessory structure” is called a “pergola,” “gazebo,” or some other common “accessory structure” that is not specifically defined in the Town Code, then it must fall within the catch-all “customary yard accessory” structure that is idenfified in Code Secfion 30-68. Specifically, Secfion 30-68(c) states that “customary yard accessories … may be permifted in any yard subject to height limitafions and visibility requirements.”While the term customary is not defined in the Town Code, the term is typically used as an adjecfive meaning “commonly pracficed, used, or observed.” (hftps://www.merriam- webster.com/dicfionary/customary). The Owner submits that it is extremely common in South Florida for an outdoor dining area to have a cabana, or gazebo, or some open-walled structure that provides shade and protecfion from the elements (and not used only for bathing or as a dune walkover). Given that this “customary yard accessory” is not violafing any height limitafions or visibility requirements, located within a rear yard that fronts the Intracoastal Waterway, and has been built in the least obtrusive means possible to provide covering essenfial for Owners’ enjoyment of their outside dining area, the Owners further submit that the “accessory structure” should be permifted (subject to a complete permit review) in its current locafion. Please let me know once you have had the chance to review. Thank you! Michael Page 20 5 MICHAEL MARSHALL PARTNER Michael.Marshall@nelsonmullins.com 100 S.E. 3RD AVENUE | SUITE 2700 FORT LAUDERDALE, FL 33394 T 954.745.5248 F 954.761.8135 NELSONMULLINS.COM VCARD VIEW BIO Confidentiality Notice This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged, confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately either by phone (800- 237-2000) or reply to this e-mail and delete all copies of this message. Page 21 TECHNICAL DRAWINGS CAMARGUE Page 22 This PDF offers all the Camargue technical drawings. Click your way through the document On the next page you will find an overview of all available drawings. Click on the titles and you will be redirected to the correct page. Click on the Renson logo to go back to the index page. By clicking on the provided space you can easily download the PFD or DWG file. INSTRUCTION How to turn on/off lauguages and dimension layers in PDF viewer and Autocad Page 23 Accessories CamargueConstruction Freestanding Façade mounting pivot Façade mounting span Wall mouting Adjustable wall profile INDEX 2 parts coupled at span and pivot side 3 parts coupled at span and pivot side Visible mounting base Invisible mounting base Visible mounting base - corner Casted mounting base Visible mounting base reinforced Visible mounting base reinforced - corner Invisible mounting base reinforced Water drainage Integrated Fixscreen - stand alone span Integrated Fixscreen - stand alone pivot Integrated Fixscreen - facade mounting span Integrated Fixscreen - facade mounting pivot Linius wall - double sided as railing Linius wall - single sided Linius wall - double sided Linarte wall - Linarte/Canvas Linarte wall - Linarte/without finish Glass sliding panels - facade mounting with 3 tracks opening left & right Glass sliding panels - stand alone with 4 tracks opening from the middle Loggia modular sliding panels stand alone with 2 rails Loggia modular sliding panels façade mounting with 3 rails Page 24 150 150 Span Pa s s a g e h e i g h t DETAIL A DETAIL B Pivot PIVOT 1 - PART 1 150 150 Pa s s a g e h e i g h t Pivot 2 Sp a n 1 150 Pivot 1 Sp a n 2 ( m a x . 2 8 0 0 ) 0 SPAN 1 - PART 1 (min. 1800 / max. 7060*) (m i n . 1 8 0 0 / m a x . 4 5 0 0 ) (min. 1800 / max. 4500)(min. 1800 / max. 7060*) ( m a x . 2 8 0 0 ) 149,4 150 26 0 95 26 0 150 P a s s a g e h e i g h t Pa s s a g e h e i g h t A4Industriezone "Flanders field" 8790 Waregem (Belgium) Tel. 056/62.71.11 Fax. 056/60.28.51 Construction method: FREESTANDING *Restrictions with pivot > 6200 mm ‎•Maximum pivot size: 7060 mm ‎•Maximum span size: 4000 mm (once the pivot length is greater than 6200 mm) ‎•Number of columns per free-standing pivot side: minimum of 3 ‎•Maximum free distance between 2 columns: 5900 mm ‎•Shifted column: NOT possible ‎•Joinable to the pivot side to achieve a longer span: NOT possible ‎•Joinable to the span side to achieve a longer pivot: IS possible ‎•Minimum number of water outlets: 3, of which 2 on the lowest side ‎•Updown LED lighting: NOT possible on the pivot ‎•Heat & Sound Beam: NOT possible on the pivot ‎•Maximum number of LED blades: 3 ‎•Maximum number of glass blades: 5 Download this drawing DWG Download this drawing PDF Camargue - FREESTANDING Page 25 Span Pa s s a g e h e i g h t DETAIL A DETAIL B Pivot SPAN 1 - PART 1 PIVOT 1 - PART 1 Pa s s a g e h e i g h t Pivot 2 Pivot 1Pa s s a g e h e i g h t 0 Sp a n 2 Pa s s a g e h e i g h t //// SPAN 2 DETAIL A SPAN 1 DETAIL B 150 26 0 26 0 95 150 15 0 150 150 150 ( m a x . 2 8 0 0 ) (min. 1800 / max. 6200) (m i n . 1 8 0 0 / m a x . 4 5 0 0 ) (min. 1800 / max. 4500)(min. 1800 / max. 6200) ( m a x . 2 8 0 0 ) Sp a n 1 A4Industriezone "Flanders field"8790 Waregem (Belgium)Tel. 056/62.71.11 Fax. 056/60.28.51 FACADE MOUNTING PIVOT Camargue - FAÇADE MOUNTING PIVOT Download this drawing DWG Download this drawing PDF Page 26 150 26 0 26 0 95 150 Span DETAIL A DETAIL B Pivot Pivot 2 Sp a n 1 Pivot 1 150 0 S p a n 2 //// SPAN 2 DETAIL A SPAN 1 DETAIL B Pa s s a g e h e i g h t Pa s s a g e h e i g h t SPAN 1 - PART 1 Pa s s a g e h e i g h t PIVOT 1 - PART 1 Pa s s a g e h e i g h t 150 150 150 ( m a x . 2 8 0 0 ) (min. 1800 / max. 6200) (m i n . 1 8 0 0 / m a x . 4 5 0 0 ) (min. 1800 / max. 4500)(min. 1800 / max. 6200) ( m a x . 2 8 0 0 ) A4Industriezone "Flanders field" 8790 Waregem (Belgium)Tel. 056/62.71.11 Fax. 056/60.28.51 FACADE MOUNTING SPAN Camargue - FAÇADE MOUNTING SPAN Download this drawing DWG Download this drawing PDF Page 27 150 150 SPAN 1 - PART 1 0 Span C1 (min.1800 / max.4500) 150 P a s s a g e h e i g h t ( m a x . 2 8 0 0 ) SPAN 1 - PART 2 Span C2 (min.1800 / max.4500) Span (min.3600 / max.9000) 150 150 0 Pivot C1 (min.1800 / max.6200) 150 Pa s s a g e h e i g h t ( m a x . 2 8 0 0 ) Pivot C2 (min.1800 / max.6200) Pivot (min.3600 / max.12400) PIVOT 1 - PART 1 PIVOT 1 - PART 2 2-parts coupled at span and pivot side Industriezone "Flanders field" 8790 Waregem (Belgium) Tel. 056/62.71.11 Fax. 056/60.28.51 Camargue - 2 PARTS COUPLED AT SPAN AND PIVOT SIDE Download this drawing DWG Download this drawing PDF Page 28 150 Pa s s a g e h e i g h t ( m a x . 2 8 0 0 ) SPAN 1 - PART 3 150 150 SPAN 1 - PART 1 0 Span C1 (min.1800 / max.4500) 150 SPAN 1 - PART 2 Span C2 (min.1800 / max.4500)Span C3 (min.1800 / max.4500) Span (min.5400 / max.13500) 150 P a s s a g e h e i g h t ( m a x . 2 8 0 0 ) 150 150 150 PIVOT 1 - PART 1 PIVOT 1 - PART 2 PIVOT 1 - PART 3 Pivot C1 (min.1800 / max.6200)Pivot C2 (min.1800 / max.6200) Pivot (min.5400 / max.18600) Pivot C3 (min.1800 / max.6200) 3-parts coupled at span and pivot side Industriezone "Flanders field"8790 Waregem (Belgium) Tel. 056/62.71.11 Fax. 056/60.28.51 Camargue - 3 PARTS COUPLED AT SPAN AND PIVOT SIDE Download this drawing DWG Download this drawing PDF Page 29 //// Span / Pivot (*) (*)(*) (**)(**) Span Pivot St a n d - a l o n e Pa s s a g e h e i g h t Pa s s a g e h e i g h t St a n d - a l o n e (*) Mounting material ex. M12 not included. Determined by the customer: Depending on the underlying construction. (**) Fasteners included: screws M6 x 16 minimum 1 fixation / 19.69" pre-drill with Ø0.22" Wall fixation A4Industriezone "Flanders field" 8790 Waregem (Belgium) Tel. 056/62.71.11 Fax. 056/60.28.51 Camargue - WALL FIXATION Download this drawing DWG Download this drawing PDF Page 30 220 270 150 60 22 0 Ø12 27 0 60 15 0 25 25 135 13 5 30 0 6 27 0 50 A4Industriezone "Flanders field" 8790 Waregem (Belgium) Tel. 056/62.71.11 Fax. 056/60.28.51 Visible mounting base Camargue - VISIBLE MOUNTING BASE Download this drawing DWG Download this drawing PDF Page 31 210 160 21 0 16 0 150 Ø12 15 0 25 25 75 75 30 0 6 27 0 50 A4Industriezone "Flanders field"8790 Waregem (Belgium)Tel. 056/62.71.11 Fax. 056/60.28.51 Visible mounting base - corner Camargue - VISIBLE MOUNTING BASE CORNER Download this drawing DWG Download this drawing PDF Page 32 150 110 11 0 Ø12 75 87 , 5 30 0 6 27 0 50 A4Industriezone "Flanders field" 8790 Waregem (Belgium) Tel. 056/62.71.11 Fax. 056/60.28.51 Invisible mounting base Camargue - INVISIBLE MOUNTING BASE Download this drawing DWG Download this drawing PDF Page 33 150 110 11 0 Ø12 75 87 , 5 6 40 0 27 0 50 40 0 A4Industriezone "Flanders field" 8790 Waregem (Belgium)Tel. 056/62.71.11 Fax. 056/60.28.51 Casted mounting base Camargue - CASTED MOUNTING BASE Download this drawing DWG Download this drawing PDF Page 34 220 270 150 60 22 0 Ø12 27 0 60 15 0 25 25 135 13 5 27 0 50 14 9 5 10 A4Industriezone "Flanders field" 8790 Waregem (Belgium)Tel. 056/62.71.11 Fax. 056/60.28.51 Visible mounting base reinforced Camargue - VISIBLE REINFORCED MOUNTING BASE Download this drawing DWG Download this drawing PDF Page 35 210 160 21 0 16 0 150 Ø12 15 0 25 25 75 75 27 0 50 14 9 5 10 A4Industriezone "Flanders field"8790 Waregem (Belgium) Tel. 056/62.71.11 Fax. 056/60.28.51 Visible mounting base reinforced - corner Camargue - VISIBLE REINFORCED MOUNTING BASE - CORNER Download this drawing DWG Download this drawing PDF Page 36 150 110 11 0 Ø12 75 87 , 5 27 0 50 14 9 5 10 A4Industriezone "Flanders field" 8790 Waregem (Belgium)Tel. 056/62.71.11 Fax. 056/60.28.51 Invisible reinfored mounting base Camargue - INVISIBLE REINFORCED MOUNTING BASE Download this drawing DWG Download this drawing PDF Page 37 6656 66 Ø54 Drainage heightDrainage - Span or Pivot A4Industriezone "Flanders field"8790 Waregem (Belgium)Tel. 056/62.71.11 Fax. 056/60.28.51 Water drainage Camargue - WATER DRAINAGE Download this drawing DWG Download this drawing PDF Page 38 1 4 0 - 1 6 0 150 110 85 A4Industriezone "Flanders field" 8790 Waregem (Belgium) Tel. 056/62.71.11 Fax. 056/60.28.51 ADJUSTABLE WALL PROFILE Camargue - ADJUSTABLE WALL PROFILE Download this drawing DWG Download this drawing PDF Page 39 0 Span (min. 1800 / max. 4500) (m a x . 2 8 0 0 ) B B SECTION B-B Pa s s a g e h e i g h t SPAN 1 - PART 1 A A 26 0 150 SECTION A-A 150 150 150 150 A4Industriezone "Flanders field" 8790 Waregem (Belgium) Tel. 056/62.71.11 Fax. 056/60.28.51 INTEGRATED FIXSCREEN - STAND ALONE SPAN SIDE Camargue - INTEGRATED FIXSCREEN - STAND ALONE SPAN SIDE Download this drawing DWG Download this drawing PDF Page 40 Pivot (min. 1800 / max.6200) SECTION A-A SECTION B-B PIVOT 1 - PART 1 150 26 0 0 B B A A 150 150 (m a x . 2 8 0 0 ) Pa s s a g e h e i g h t 150 150 A4Industriezone "Flanders field" 8790 Waregem (Belgium) Tel. 056/62.71.11 Fax. 056/60.28.51 INTEGRATED FIXSCREEN - STAND ALONE PIVOT SIDE Camargue - INTEGRATED FIXSCREEN - STAND ALONE PIVOT SIDE Download this drawing DWG Download this drawing PDF Page 41 0 Pivot (min. 1800 / max.6200) B (m a x . 2 8 0 0 ) PIVOT 1 - PART 1 Pa s s a g e h e i g h t SECTION B-B B A A 150 150 150 150 SECTION A-A 150 26 0 A4Industriezone "Flanders field" 8790 Waregem (Belgium) Tel. 056/62.71.11 Fax. 056/60.28.51 INTEGRATED FIXSCREEN - FACADE MOUNTING SPAN Camargue - INTEGRATED FIXSCREEN - FACADE MOUNTING SPAN Download this drawing DWG Download this drawing PDF Page 42 0 B B (m a x . 2 8 0 0 ) Span (min. 1800 / max. 4000) Pa s s a g e h e i g h t SPAN 1 - PART 1 150 26 0 SECTION A-A SECTION B-B A A 150 150 150 A4Industriezone "Flanders field" 8790 Waregem (Belgium)Tel. 056/62.71.11 Fax. 056/60.28.51 INTEGRATED FIXSCREEN - FACADE MOUNTING PIVOT Camargue - INTEGRATED FIXSCREEN - FACADE MOUNTING PIVOT Download this drawing DWG Download this drawing PDF Page 43 0 Pivot 150 150 A A B C C B (min. 1800 / max. 6200) (min. 1800 / max. 4500) (m a x . 2 6 0 0 ) Pa s s a g e h e i g h t Span 40 30 83 88 40 A-A 26 0 150 SECTION B-B C-C Pa s s a g e h e i g h t SECTION SECTION 15 35 40 50 93 40 150 A4Industriezone "Flanders field" 8790 Waregem (Belgium) Tel. 056/62.71.11 Fax. 056/60.28.51 LOGGIA SLIDING PANELS - Stand alone with 2 rails Camargue - LOGGIA MODULAR SLIDING PANELS - STAND ALONE WITH 2 RAILS Download this drawing DWG Download this drawing PDF Page 44 0 Pivot 150 A A B C C B (min. 1800 / max. 6200) (min. 1800 / max. 4500) (m a x . 2 6 0 0 ) Pa s s a g e h e i g h t Span A-ASECTION 150 B-B C-C SECTION SECTION 40 30 136 15 146 40 141 40 26 0 150 Pa s s a g e h e i g h t 35 40 50 A4Industriezone "Flanders field" 8790 Waregem (Belgium) Tel. 056/62.71.11 Fax. 056/60.28.51 LOGGIA SLIDING PANELS - Facade mounting with 3 rails Camargue - LOGGIA MODULAR SLIDING PANELS - FACADE MOUNTING WITH 3 RAILS Download this drawing DWG Download this drawing PDF Page 45 0 Pivot 26 0 150 150 150 150 35 85 150 85 55 A A B C C B (min. 1800 / max. 6200)Span (min. 1800 / max. 4500) A-ASECTION 150150 Sliding open from the middle (m a x . 2 6 0 0 ) Pa s s a g e h e i g h t B-B C-C Pa s s a g e h e i g h t Pa s s a g e h e i g h t SECTION SECTION A4Industriezone "Flanders field" 8790 Waregem (Belgium)Tel. 056/62.71.11 Fax. 056/60.28.51 GLASS SLIDING PANELS - Stand alone with 4 tracks sliding open from the middle Camargue - STAND ALONE WITH 4 TRACKS - OPENING FROM THE MIDDLE Download this drawing DWG Download this drawing PDF Page 46 0 Pivot 150 150 150 35 65 150 65 55 A A B C C B A-A 26 0 150 (min. 1800 / max. 6200) SECTION 150Opening right to left Span (min. 1800 / max. 4500) (m a x . 2 6 0 0 ) Pa s s a g e h e i g h t B-B C-C Pa s s a g e h e i g h t Pa s s a g e h e i g h t SECTION SECTION Opening left to right A4Industriezone "Flanders field" 8790 Waregem (Belgium) Tel. 056/62.71.11 Fax. 056/60.28.51 GLASS SLIDING PANELS - Facade mounting with 3 tracks opening left and right Camargue - FACADE MOUNTING WITH 3 TRACKS - OPENING LEFT & RIGHT Download this drawing DWG Download this drawing PDF Page 47 A B 200 x 200x 150 22.5 105 33 . 3 15 0 15 0 A B P A S S A G E H E I G H T = W A L L H E I G H T (m a x . 2 8 0 0 ) A4Industriezone "Flanders field" 8790 Waregem (Belgium)Tel. 056/62.71.11 Fax. 056/60.28.51 LINIUS WALL - DOUBLE SIDED Camargue - LINIUS WALL - DOUBLE SIDED Download this drawing DWG Download this drawing PDF Page 48 A B 105 33 . 3 150 22.5 200 x 200x 15 0 15 0 A B P A S S A G E H E I G H T = W A L L H E I G H T (m a x . 2 8 0 0 ) A4Industriezone "Flanders field" 8790 Waregem (Belgium)Tel. 056/62.71.11 Fax. 056/60.28.51 LINIUS WALL - SINGLE SIDED Camargue - LINIUS WALL - SINGLE SIDED Download this drawing DWG Download this drawing PDF Page 49 A B 150 22.5 105 33 . 3 50 200 x 200x 15 0 15 0 A B P A S S A G E H E I G H T (m a x . 2 8 0 0 ) WA L L H E I G H T (m i n . 1 0 0 0 - m a x . 1 5 0 0 ) A4Industriezone "Flanders field" 8790 Waregem (Belgium) Tel. 056/62.71.11 Fax. 056/60.28.51 LINIUS WALL - DOUBLE SIDED AS RAILING Camargue - LINIUS WALL - DOUBLE SIDED AS RAILING Download this drawing DWG Download this drawing PDF Page 50 Pa s s a g e h e i g h t = w a l l h e i g h t SPANPIVOT A B A (1:8) B (1:8) Linarte Even/canvasLinarte Block 30/canvas 23 60 14 5 62 25 23 60 67 15 0 30 A4Industriezone "Flanders field" 8790 Waregem (Belgium) Tel. 056/62.71.11 Fax. 056/60.28.51 LINARTE WALL - LINARTE/CANVAS Camargue - LINARTE WALL - LINARTE/CANVAS Download this drawing DWG Download this drawing PDF Page 51 Pa s s a g e h e i g h t = w a l l h e i g h t A B SPANPIVOT A (1:8) B (1:8) Linarte Even/canvasLinarte Block 30/canvas 15 0 23 60 67 30 15 0 23 60 62 25 A4Industriezone "Flanders field" 8790 Waregem (Belgium) Tel. 056/62.71.11 Fax. 056/60.28.51 LINARTE WALL - LINARTE/WITHOUT FINISH Camargue - LINARTE WALL - LINARTE/WITHOUT FINISH Download this drawing DWG Download this drawing PDF Page 52 Page 53 Page 54 2474 South Ocean Boulevard 01/01/2024 Accessory structure Page 55 01/01/2024 Page 56 Page 57 “” Digitally signed by Jeffrey R. Wagner Date: 2024.05.09 07:48:19 -04'00' Adobe Acrobat version: 2024.002.20736 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach Fl 33487 ,2024 RE: Proposed Gazebo at 2474 South Ocean Dear Ms. Allen: My name is and I own the property located at In Highland Beach, which is my primary residence. Stephen and Marla Garchik, who own the home located at 2474 South Ocean Boulevard, have Informed me of a gazebo that has been placed in their backyard. I have seen pictures of the gazebo and the Garchlks explained to me that the Town's staff has said that the gazebo must be removed because gazebos are not allowed in the yard. We find it hard to believe that the Town's zoning code does not allow gazebos in yards. Please know that we have no objection to the gazebo and the location where is has been placed. Thank you, Karen Zuckerman 2575 S Ocean Blvd, 103s______________________________________ _________ April 4,___________ Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 PUBLIC NOTICE 500 Ft Public Notification Boundary Dear Property Owner: This is to notify you that the BOARD OF ADJUSTMENT AND APPEALS of the Town of Highland Beach will conduct a public hearing on Tuesday, July 9, 2024 at 9:30 AM in the Commission Chambers at Town Hall, 3614 South Ocean Boulevard, Highland Beach, Florida to consider the following application. APPLICATION BY MICHAEL MARSHALL, ESQ., FOR AN APPEAL OF A TOWN INTERPRETATION REGARDING CUSTOMARY YARD ACCESSORIES FOR THE PROPERTY LOCATED 2474 SOUTH OCEAN BOULEVARD (PZ-24-2) 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 Board of Adjustment and Appeals 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 76 Sold To: Town of Highland Beach Florida - CU00661788 3614 S Ocean Blvd Highland Beach FL 33487,FL 33487-3393 Bill To: Town of Highland Beach Florida - CU00661788 3614 S Ocean Blvd Highland Beach FL 33487,FL 33487-3393 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 Jun 30, 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: July 01, 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 7651965 SUN-SENTINEL Page 77 Order # - 7651965 SUN-SENTINEL Page 78 Page 79 Page 80 Sold To: Town of Highland Beach Florida - CU00661788 3614 S Ocean Blvd Highland Beach FL 33487,FL 33487-3393 Bill To: Town of Highland Beach Florida - CU00661788 3614 S Ocean Blvd Highland Beach FL 33487,FL 33487-3393 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 Jul 21, 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: July 22, 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: lgaskins@highlandbeach.us 7665112 SUN-SENTINEL Page 81 Order # - 7665112 SUN-SENTINEL Page 82