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
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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.
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File Attachments for Item:
A. January 21, 2024
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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.
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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.
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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
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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/.
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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.
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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
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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.
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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
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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.
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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.”
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Page 49
A
B
150
22.5 105
33
.
3
50
200 x 200x
15
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15
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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
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Page 50
Pa
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Linarte Even/canvasLinarte Block 30/canvas
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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
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Page 51
Pa
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Linarte Even/canvasLinarte Block 30/canvas
15
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15
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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
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Page 52
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2474 South Ocean Boulevard
01/01/2024
Accessory structure
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01/01/2024
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“”
Digitally signed by
Jeffrey R. Wagner
Date: 2024.05.09
07:48:19 -04'00'
Adobe Acrobat version:
2024.002.20736
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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,___________
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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
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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
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Order # - 7651965
SUN-SENTINEL
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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
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Order # - 7665112
SUN-SENTINEL
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