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Adjustment Hearing Case Files_3511 S. Ocean Blvd._20071115_Petition No. 09-07-94 BOARD OF ADJUSTMENT AND APPEALS DECISION ON PETITION FOR VARIANCE Petition No. 09 -07 -94 Public Hearing Date Nov. 15, 2007 Town Code Chapter 30 [Zoning Districts] Sec. 68(p)(1) Petitioner FLORCAN DEVELOPMENT Property Address 3511 S. Ocean Blvd. In the above numbered Petition, by vote as shown in the official Minutes and recorded on the reverse side of this form, it was determined and ordered that the requested variance be granted [XX]; denied [ ]; granted subject to the following conditions and safeguards [ ]: In reaching its decision and order, the Board has found /has not found in the case of the above numbered Petition that: 1. Special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same district. 2. The special conditions and circumstances do not result from the action of the applicant. 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by the ordinance to other lands, structures or buildings in the same district. 4. Literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the ordinance, and would work unnecessary and undue hardship on the applicant. 5. The reasons set forth in the applicant's petition justify the granting of the variance, and the variance granted is the minimum reasonable variance that will make possible the reasonable use of land, structure or building. 6. Granting of the variance will be in harmony with the general purpose and intent of the ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Chapter 30 Zoning Code /Article III; Sec.30- 40(h): A variance, when implemented in accordance with the approval granted by the Board of Adjustment and Appeals, shall run with the land in perpetuity. Unless a lesser time is approved by the Board of Adjustment and Appeals, a variance that is not implemented shall expire eighteen (18) months following approval. Extensions of variance approvals shall not be granted by the Board of Adjustment and Appeals. Beard of Adjustment and Appeals Page 2 November 15,2007 Decision on Petition for Variance No. 01 -07 -91 (Town of Highland Beach) "FkotGuAn. -e0 SIGNATURES WRITE "FOR" OR "AGAINST" PETITION J (..... ck A Halpern, Chairmfn 02 4--- - Merl Rub' , Vice Chair AP/ Peter Co rales An . y P. Ruotolo, Sec. Theresa M. Colarullo ,/' / Neil W. Burd David Stern NOTE: ANY PERSON, OR PERSONS, OR ANY TAXPAYER, BOARD, DEPARTMENT, OFFICER, BOARD OR BUREAU OF THE TOWN OF HIGHLAND BEACH AGGRIEVED BY A DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS, MAY, WITHIN THIRTY (30) DAYS AFTER RENDITION OF THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS, APPLY TO THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, FOR JUDICIAL REVIEW PURSUANT TO FLORIDA STATUTE 163.250. v Attest: ,,1 // � � _ r t , .1 Date: / /1 QP cc: Build.' g Official BOARD OF ADJUSTMENT AND APPEALS DECISION ON PETITION FOR VARIANCE --Woo l iOc Petition No. 05 -05 -89 Public Hearing Date-9e--1. Date-eet-:---141-,-..213.0.5 Town Code Chapter 30, Section 64 Table 30 -2 Height Restrictions Chapter 30, Section 68 (u)(4)(e)(1) Observation Decks Chapter 30, Section 68 (p)(1) Roof Overhangs Petitioner FLORCAN DEVELOPMENT LLC (Oded Meltzer) Property Address 3511 S. Ocean Blvd. In the above numbered Petition, by vote as shown in the official Minutes and recorded on the reverse side of this form, it was determined and ordered that the requested varianceSbe granted [)C]; denied [X]; granted subject to the following conditions and safeguards [ ]: In reaching its decision and order, the Board has found /has not found in the case of the above numbered Petition that: 1. Special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same district. 2. The special conditions and circumstances do not result from the action of the applicant. 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by the ordinance to other lands, structures or buildings in the same district. 4. Literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the ordinance, and would work unnecessary and undue hardship on the applicant. 5. The reasons set forth in the applicant's petition justify the granting of the variance, and the variance granted is the minimum reasonable variance that will make possible the reasonable use of land, structure or building. 6. Granting of the variance will be in harmony with the general purpose and intent of the ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Chapter 30 Zoning Code /Article III; Sec.30- 40(h): A variance, when implemented in accordance with the approval granted by the Board of Adjustment and Appeals, shall run with the land in perpetuity. Unless a lesser time is approved by the Board of Adjustment and Appeals, a variance that is not implemented shall expire eighteen (18) months following approval. Extensions of variance approvals shall not be granted by the Board of Adjustment and Appeals. rd of Adjustment and Appeals ecision on Petition for Variance No. 05 -05 -89 (Florcan Dev. LLC) Page 2 SIGNATURES WRITE "FOR" OR "AGAINST" PETITION coat h -use NA" Joseph A. Sarubbi, Chairman Merton Rubin, Vice Chairman -- / 1 / Lt ,,,/,:,_, ,,,/,:,_, ! / Barbara G. O Sec. 4 Aite."4 yo '' ,E - Ar 4 - / - os -.h S. Y ht 10 6eIC /. f74F(fr Jack •. H -lpe n l i / 1 ar-,11. 1 ,---hip, Mi I el W t 1 k f - tA rt - (): fag Pe er Corrales 1 NOTE: ANY PERSON, OR PERSONS, OR ANY TAXPAYER, BOARD, DEPARTMENT, OFFICER, BOARD OR BUREAU OF THE TOWN OF HIGHLAND BEACH AGGRIEVED BY A DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS, MAY, WITHIN THIRTY (30) DAYS AFTER RENDITION OF THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS, APPLY TO THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, FOR JUDICIAL REVIEW PURSUANT TO FLORIDA STATUTE 16 .250. Attest: - / / 1 - Date: ' � "� �""r� aarm� J cc: B :f ding , c ©� g Official 1 ©��n PI 0 • q k ' ."• ' - ' ' ' : 1 ; =,, 1 4.114.!•"!..4? 1: -''''' ' ' ''' t! %:-.1 ir\\ ., .,:— - . ......—.. ... ro TOWN OF HIGHLAND BEACH ,, •L'-i' .:. ,Li :iic,/ Li • 2: • ... ", ".. i . . te ( s....,,., „.-- BOARD OF ADJUSTMENT PETITION Do NOT WRITE IN THIS SPACE - FOR OFFICE USE ONLY PETITION NO. 5 — Cr) — 0 ( k i FEE PAID/RECEIPT NO. DATE SET FOR --1 • U. k - 6k0 - 0 cl P 14: 8 1 i'of) The owner or his agent has has not submitted a petition 4 regarding tbe subject property within the last year. NOTE: Ordinance No. 442 Fees: Variance and/or Appeal to Board of Adjustment $500. BOARD OF ADJUSTMENT - TOWN OF HIGHLAND BEACH, FLORIDA OWNERS NAME Florcan Development LLC PHONE 305-558-2058 o3_ OWNERS ADDRESS 6431 Cow Pen Road, Miami Lakes, FL 33014 Oded Meltzer AUTHORIZED ',GENT PHONE 305-558-2058 AUTHORIZED AGENT ADDRESS 6431 Cow PenRoad, Miami Lakes, FL 33014 request that a determination be made by the Board of. Adjustment of the Town of Highland Beach for the following Variance under Section(s) of Chapter 30 of the Code of Ordinances cf the Town of Highland Beach. The description of the subject property is as follows: ADDRESS 3511 Ocean Blvd., Highland Beach, FL LOT 4 BLOCK SUBDIVISION LOT SIZE 100.03' X 318.24' PRESENT ZONING RML PRESENT USE Multi-Family Rental 1. Present S:ructures (type) One Story CBS Construction . 3 Story Single Family, total of 3 Units 3. If this Petition is granted, the effect will be to Increase maximum overhang of 10% to Second Level (31%), Third Level to (20.3%) Section 30-0(p) (1) (brief description - i.e., to reduce side yard from 7 to 2') • 'TOWN OF HIGFLAND BEACH BOARD OF AD. PETITION Page 2-of 3 4. For a variance to be favorably considered, the Board of Adjustment must find that the following four requirements have been mot. After each paragraph, 'state fully your reasons justifying the granting of this variance. (a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same .district; Existing Density - 14 rental apartment transient deplorable units in the present condition, creating an eyesore for the streetscape along Ocean Boulevard and to the town of Highland Beach. The new proposed struction will only have 3 units, enhancing the surrounding area including the Beach front. (b) That the special conditions and circumstances do not result from the actions of the applicant; No special condition will result. (c) That granting the variance requested will not confer on the applicant any special privilege that is denied by th:.s ordinance to other lands, buildings or structures in the same district; Property directly two parcels north "La Sanctuaire" located on 3425 S. Ocean is zoned "RMM" with a maximum height of 40 FT. If we were granted the variances a better building massin would be created along Ocean Boulevard and the Beach front. (d) That literal interpretation of the provisions of this ordinance would deprive the applicant of the rights c.anWr.#uly Gas j vyccJ try vl.lac,. yi vyci Liao iu tit= name dkb tz ft.t under the terms of this ordinance and would work unnecessary and undue hardship on the applicant. TOWN OF HIGYLAND BEACH POARD OF ADI'USTMENT PETITIQN Page 3 of 3 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. No special applicaton submitted Following axe the names and addresses of all owners of property within a distance of 300 feet from the outside edges of the property inNolved in this petition. Petitioner guarantees that such owners of property will be legally notified by certified mail of the hearing date and the nature of this petition, through a copy . of the petition, and will provide satisfactory affidavit proof of notification including certified mail receipts, in advance of any scheduled pu_plic hearing, as provided below. MUM (Attach extra sheet if necessary) The undersigned hereby attest to the fact t -t all statements contained in this document are true. Florcan Development LLC — Vr OWNER AUTHORIZ'g a Owner must s.ipply authorized agent notarized let - attesting to same. °"'" " "" ' d Rl MACAUJSO Sworn to and subscr ed before me °�Y " "'° " Commission # DD0698545 this Y day of s�► d¢� �: 9 � G�7 Aro .= Expires 8120!2011 A`" 3onded through a . 4254) Florida Notary Assn., Inc. • t - ry Public— Sec. 10. Variances and Interpretations. Applications for variance approval shall be reviewed as provided herein. (a) Purpose. The purpose )f a variance is to grant a reduction in the dimensional requirements of this Chapter, including but not limited to lot width, lot depth, lot size, size or percentage of open space, building coverage, building height, building setbacks, or required number of parking spaces. (b) Board of Adjt stment and Appeals. Requests for approval of some variances shall be considered only by the Board of Adjustment and Appeals. The Board of Adjustment and Appeals may approve, approve with conditions, or deny a request fora variance from the requirements of this Chapter. (c) Applications. Applications shall contain the information as may be required by and shall comply with the requ rements of Article 3. (d) Public Notice Public notice for public hearings to consider variance applications shall be provided as required in Article 3, Section 16 of this code. (e) Consideration of Applications. As a basis for :,onsideration of an application for variance approval, the Board of Adjustment a ld Appeals must determine an application is consistent withlhe criteria listed below. (1) Special Conditions. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. (2) Hardship The special conditions and circumstances truly represent a hardship, and are not created by any actions of the applicant. (3) Literal interpretation. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the some zoning district under the terms of this Chapter and would work u►inet..eal.uty and unable hardship on the applicani. (4) Special Privileges. The grant of a variance will not confer upon the applicant any special privilege denied to any other owner of land, buildings, or structures located h the same zoning district. (5) Minimum Variance. The variance granted is the minimum variance that will make poisible the use of the land, building, or structure. (6) Purpose end intent. The grant of the variance will be In harmony with the general intent and purpose of this Chapter. (7) Financial Hardship. Financial hardship is not to be considered as sufficient evidence of a hardship in granting a variance. (8) Public Welfare. The grant of the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (f) Approvals. In granting a variance, the Board of Adjustment and Appeals may approve such conditions and safeguards deemed necessary to conform to the intent and purpose of his Code. Violations of such conditions shall be deemed a violation of this Chapte -. The board may also prescribe a reasonable time limit to initiate the action grarrted by the variance and to complete such action. Future to initiate and complete an approved variance shall render such approval null and void, and the approval shall expire. (g) Required Vote. The vote of at least four members of the Board of Adjustment and Appeals is necessary to grant a variance from the requirements of this Chapter. (h) Run with the Land. A variance, when implemented in accordance with the approval granted by the Board of Alustment and Appeals, shall run with the land in perpetuity. Unless a lesser time is approved by the Board of Adjustment and Appeals, a variance that is not implemented shall expire 18 months following approval. Extensions of variance approvals shall not be granted by the Board of Adjustment and Appeals. (1) Variance Ni ll and Void. A variance granted by the Board of Adjustment and Appeal shall automatically be null and void in any of the following circumstances: (1) demofifton of structure which was granted a variance; (2) removd of a structure which was granted a variance; or (3) other siritar action which eliminates the reason for granting the variance. (j) Use Variances Prohibited. The Board of Adjustment and Appeals or any other body, unless specifically authorized IN this Chapter, shall not grant a variance to establish or expand a use • •. • • . , • _. use not allowed within a residential planned unit development. (k) Other Lands and Uses. Evidence of nonconforming use of neighboring lands, structures, or buildings in the same zoning district or the permitted use of lands, structures, or buildings in other zoning distric s shall not be considered grounds for the authorization of a variance. (1) Variance from Development Standards Prohibited. The Board of Adjustment and Appeals, unless specifically authorized by this code, shall not grant a variance from the development standards regarding uses as set forth in Table 30 - 4. (m) Findings. (1) The Boo d of Adjustment and Appeals shall make findings that an application for variance approval has complied with the requirements of this Section. (2) The Boa d of Adjustment and Appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, budding, or structure. (3) The Board of Adjustment and Appeals shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this Chapter, and will not be Injurious to the neighborhood, or otherwise detrimental to the public welfare. (n) Appeals. Appeals of the decisions of the Board of Adjustment and Appeals shall be fled with the Fifteenth 2ircuit Court in and for Palm Beach County. Appeals shall be fled within 30 calendar days following the decision by the Board of Adjustment and Appeals. (o) i.hnitatlons. Whenever the Board of Adjustment and Appeals has acted on a request for administrative review or variance, the Board shall not consider any request for substantially Le same action for a period of one (1) year from the date of the initial decision. (p) interpretations, Decisions, and Appeals. (1) Appeals of a decision, order, requirement, determination, or interpretation of the Budd ng Official or other Town official regarding the provisions of this Chapter shall be fled with the Board of Adjustment and Appeals. (2) Appeals shall be fled on an application established by the Budding Official. i.:, • • . .• .. •,c • . • c. • . c :.• • • •' , u. - more the n 30 days following receipt of a complete application by the Budding Official. (4) The vote of at least four members of the Board of Adjustment and Appeals is necessary to grant an appeal or to reverse the decision, order, requirement, determination, or interpretation of the Building Official or other Town official. Sep 20 2007 11:25AM COURTYARDS AT MIAMI LAKES 3055568442 p.l FLORCAN DEVELOPMENT LLC 6431 Cow Pen Road Miami Lakes, Florida 33014 Ph: 305 -558 -2058 Fax: 305 -556 -8442 TO: Bob Dawson CO: Town of Highland Beach FROM: Oded T. Meltzer DATE: September 20, 2007 SUBJECT: Variance Hearing VIA FAX: 561- 265 -3582 Thank you for your support at the hearing workshop this morning. As per our conversation, enclosed please find a list of all the people that will be receiving the notice on the variance issue on November 15, 2007 at 9:30 am. Le Sanctuaire Condo. Assoc., Property Manager, 3425 S. Ocean Blvd. ' Le Sanctuaire Condo. Assoc., Charles Tapper, 3425 S. Ocean Blvd., ## 2 Le Sanctuaire Condo. Assoc., Alvin Benjamin, 3425 S. Ocean Blvd., # 1 Casuarina Condo. Assoc., Property Manager, 3450 S. Ocean Blvd. Casuarina Condo. Assoc., Jack Glazer, 3450 S. Ocean Blvd. # 504 Highland Beach Club Condo Assoc., Property Manager, 3600 S Ocean Blvd. Highland Beach Club Condo Assoc., William Morris, 3604 S. Ocean Blvd. # 101 Villa Nova Condo Assoc. of HB, Property Manager, 3505 S. Ocean Blvd. Villa Nova Condo Assoc., Gary Nath, 3505 S. Ocean Blvd., # 14S Ocean Reef AlA Condo. Assoc., Frank Antonacci, 3525 S. Ocean Blvd. Ocean Reef Al Condo. Assoc., Property Manager, 3525 S. Ocean Blvd. Gerald Barbarito, P 0 Box 109650, Palm Beach Gardens Gerald Barbarito, 3500 S. Ocean Blvd. Gerald Barbarito, 3510 S. Ocean Blvd. Sheila Germain, 3519 S. Ocean Blvd. Sheila Germain, 3521 S. Ocean Blvd. Donald Gray, 3567 S. Ocean Blvd. Daniel Chauvier, 3515 S. Ocean Blvd. Donald Crawford, 3425 S. Ocean Blvd, # 3 Barbara Bronfinan, 3425 S. Ocean Blvd, PH Please review this list and let me know if this will be sufficient notice of the hearing. Please send any correspondence to the above address and fax number. Thank you for all your help. M 1GN(gNk Mayor: o�. Town of Highland Beach Haroldelman • ? S Vice Mayor: Joseph J. Asselta Commissioners: , 3614 SOUTH OCEAN BOULEVARD • HIGHLAND BEACH, FLORIDA 33487 Miriam S. Zwick • 4. • '• • • , = James W. Newill , kkh ;` 0 N 10p 561 -278 -4548 D o r wn Ma Palm Beach County, Florida FAX 561 -265 -3582 Dale S. Sugerman October 22, 2007 The News 1141 S. Rogers Circle Suite 7 Boca Raton, FL 33487 Attn: Legal Ads - Nancy Smith Fax: 893 -6674 NOTICE OF PUBLIC HEARING Called By: Jack A. Halpern Chairman, Board of Adjustment and Appeals Town of Highland Beach, Florida 33487 Date: Thursday, November 15, 2007 Time: 9:30 a.m. Place: Highland Beach Commission Chambers 3614 S. Ocean Blvd. Highland Beach, Florida 33487 Subject: TO EXAMINE A PETITION FOR VARIANCE SEEKING RELIEF FROM TOWN CODE OF ORDINANCES CHAPTER 30; ARTICLE IV [ZONING DISTRICTS }; SECTION 68 [SUPPLEMENTAL DISTRICT REGULATIONS]; (p)(1); ROOF OVERHANGS, FOR PROPERTY LOCATED AT 3511 S. OCEAN BLVD. REQUESTING TO INCREASE MAXIUM ROOF OVERHANGS. OWNER: FLORCAN DEVELOPMENT, LLC. 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Please be adv decides to appeal any decision made by the City Commission with respect to any matter hearings, such person may need to ensure that a verbatim record includes the testimony which the appeal is to be based. The City does not provide nor prepare such record pure CITY OF DELRAY BEACH Chevelle D. Nubin, CMC City Clerk Publish: Friday, Novemb Raton/Delray Beach News Md a p ow LEGAL NOTICE The following found property and unclaimed or abandoned evidence an Ilk in custody of the Boca Raton Police Department. Pursuant to Florida State Statute 705.1 Police Department may elect to retain, sell, use, destroy, donate to charity, or return the not claimed. If the property is sold, it will be subject to any and all liens. Anyone who has property may contact the Evidence Section at (561) 338 -1390 or (561) 338 -1223, Monde a.m. to 6:00 p.m. Any unclaimed property will be disposed of in accordance with Florida property for November 2007: Huffy Bicycle Royce Union Bicycle Superia Bicycle Rhino P Dynacraft Girls Bicycle Pacific Boys Bicycle Huffy's Girls Bicycle Olympus CameraKyoci Suitcase US Currency Jewelry Case Misc. jewelry Portable tv November 2007 propertyh property Publish: November 9 & 16, 2007 Boca Raton News 4\4 /b Add a Photo! NOTICE OF PUBLIC SALE Scott's Towing & Transport, Inc. gives Notice of Foreclosure these vehicles on 11/232007, 10:00 am at 359 Industrial Avenue, Boynton Beach, FL 3: r `` t Ilk subsection 713.78 of the Florida Statutes. Scott's Towing & Transport, Inc. reserves the any and/or all bids. JM1BG2268P0562319 '93 Mazda Publish: November 9, 2007 Boca 1 X1 i NOTICE OF PUBLIC HEARING Called By: Louis P. Stern Chariman, Planning Board To Ilk FL. 33487 Date: November 14, 2007 Time: 9:30 a.m. Place: Highland Beach Commissio Ocean Blvd. Highland Beach, FL. 33487 Subject CONSIDERING THE APPLICATION C SEAWALL FOR INSTALLATION OF A BOAT LIFT FOR PROPERTY LOCATED AT 111 LIDO. OWNER: TRIPLEX INVESTMENT, LLC. Each person who decides to appeal any Planning Board with respect to any matter considered at the Public Hearing will need a r proceedings and, for such purpose, the person may need to ensure that a verbatim reco made, including the testimony and evidence upon which said appeal is based. Publish: 1 2007 Friday, November 9, 2007 Boca Raton News f Add a Photo! OF PUBLIC HEARING Called By: Jack A. Halpern Chairman, Board of Adjustrr of Highland Beach, FL. 33487 Date: November 15, 2007 Time: 9:30 a.m. Place: Highlan tit Chambers 3614 S. Ocean Blvd. Highland Beach, FL. 33487 Subject TO EXAMINE A PE VARIANCE SEEKING RELIEF FROM TOWN CODE OF ORDINANCES CHAPTER 30; DISTRICTS); SECTION 68 (SUPPLEMENTAL DISTRICT REGULATIONS); (p)(1); ROC PROPERTY LOCATED AT 3511 S. OCEAN BLVD. REQUESTING TO INCREASE MA) OVERHANGS, OWNER: FLORCAN DEVELOPMENT, LLC. Publish: Thursday, Novemt November 9, 2007 Boca Raton News Add a Phoal NOTICE OF ACTION BEFORE THE SECRETARY OF THE DEPARTMENT OF BUSINE \r, PROFESSIONAL REGULATION IN RE:The unlicensed practice of contracting Robert M w [ Delray Beach, FL 33482 CASE NO: 2007- 021926CG UL LICENSE: Unlicensed The Der and Professional Regulation has filed an Administrative Complaint against you, a copy o by contacting, Jamie Duran, Office of General Counsel, Department of Business and Prc 1940 N. Monroe Street, Suite 33, Tallahassee, Florida 32399 -2202, (850) 487 -9651. If rn made by you concerning the above by December 14, 2007 the matter of the Administrati presented at a hearing pursuant to 120.57(2), F.S. before the Secretary of the Departme pursuant to Chapter 120, F.S. In accordance with the Americans with Disabilities Act, pe accommodation to participate in this proceeding should contact the individual or agency than seven days prior to the proceeding at the address given on notice. Telephone: (850 http: / /www.bocanews. com/index.php ?src= directory&view= products&category= Annouce... 11/9/2007