FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAUREL, INC., Petitioner, VS. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent. File No. 50-0311160-001 REQUEST FOR ENLARGEMENT OF TIME TO PETITION FOR ADMINISTRATIVE HEARING Petitioner, LAUREL, INC., pursuant to Rules 62-110.106(4) and 28-106.111, Florida Administrative Code, by and through its undersigned counsel, hereby requests the Florida Department of Environmental Protection ("FDEP") for an enlargement of time, through and including February 4, 2013, to file a Petition for an Administrative Hearing in connection with FDEP's Notice of Determination of Exemption (File No. 50-0311160-001) to Virginia Mortara ("Mortara") for the construction of a dock. In support of its request, LAUREL, INC. sets forth the following: 1. On May 2, 2012, FDEP issued a Notice of Determination of Exemption (File No. 50-0311160-001) to Virginia Mortara for the construction of a dock at 319 El Vedado Way, Palm Beach, FL 33480 (the "Subject Property"). (A copy of the Notice of Determination is attached hereto as Exhibit A). 2. Petitioner, LAUREL, INC. is the owner of the property immediately adjacent to, and north of the Subject Property. 00150703-1 EFTA01116653 LAUREL, INC. vs. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION File No. 50-0311160-001 Request for Enlargement of Time to Petition for Administrative Hearing Page 2 of 4 3. LAUREL, INC.'s mailing address is: 9100 Havensight, Port of Sale, Ste 15-19, St. Thomas, VI 00802. (See attached Palm Beach County Property Appraiser information, attached hereto as Exhibit B). 4. The notice of rights of affected parties, including LAUREL, INC., provides that any petition for administrative hearing must be timely filed within twenty-one (21) days of receipt of written notice. 5. LAUREL, INC. did not receive any notice of the above-referenced agency action, nor was notice published in any newspaper of general circulation. 6. From a review of the FDEP Notice of Determination, it appears notice was sent to a Laurel, Inc. in care of Jutta Seeberg at 1414 Lake Erie Drive, Lake Worth, FL 33461, an entity which has no relationship to Petitioner, LAUREL, INC. (See attached copy of the Notice of Determination dated May 2, 2012, page 4 of 4, attached hereto as Exhibit A). 7. On December 14, 2013, LAUREL, INC. received a copy of a Zoning Application regarding a request for variance filed by Virginia L. Mortara. This Zoning Application seeks a variance from the Town of Palm Beach for construction of a dock, and in support thereof states that the, "proposed dock, . . . was approved by the Florida Department of Environmental Protection . . ." (Zoning Application attached hereto as Exhibit C). 8. Upon receipt of this Zoning Application on December 14, 2012, LAUREL, INC. discovered that on May 2, 2012, the Florida Department of Environmental Protection had issued a Notice of Determination of Exemption (File No. 50-0311160-001) to Virginia Mortara for the construction of a dock. (See Notice of Determination attached hereto as Exhibit A). 00191713-1 EFTA01116654 LAUREL, INC. vs. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION File No. 50-0311160-001 Request for Enlargement of Time to Petition for Administrative Hearing Page 3 of 4 9. Therefore, LAUREL, INC. received notice of FDEP's Notice of Determination on or around December 14, 2012, and accordingly, any Petition challenging issuance of the Notice must be filed with FDEP on or before January 4, 2013. 10. On December 27, 2012, the undersigned firm was retained to represent LAUREL, INC., in regards to the dock permit. 11. An initial review of the FDEP Notice of Determination indicates the dock may adversely affect the adjacent property owner, LAUREL, INC., and requires further review and analysis. 12. Therefore, Counsel for LAUREL, INC. respectfully requests an additional thirty (30) days up to and including February 3, 2013, in order to allow for sufficient time to review the Notice of Determination, any relevant FDEP files, any relevant Army Corps of Engineers files, and to retain an engineer or other consultant to complete an analysis of the possible adverse impacts on LAUREL, INC. 13. LAUREL, INC. is requesting this enlargement of time to file a Petition for an Administrative Hearing in order to protect its rights to request an administrative hearing should it be necessary after fully reviewing the permitting file. 14. In accordance with Rules 28-106.111, Florida Administrative Code, counsel for LAUREL, INC. has contacted FDEP's Office of Counsel by telephone and been advised FDEP does not generally take any preliminary position on a Request for Enlargement of Time. 15. In accordance with Rule 28-106.111, Florida Administrative Code, counsel for LAUREL, INC. has attempted to contact Permittee, Mortara, and has been unable to determine if Permittee would oppose this request. 0015'7113.1 EFTA01116655 LAUREL, INC. vs. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION File No. 50-0311160401 Request for Enlargement of Time to Petition for Administrative Hearing Page 4 of 4 WHEREFORE, based on the foregoing, LAUREL, INC. asserts it has provided good cause for FDEP to grant an enlargement of time until February 3, 2013, for LAUREL, INC. to file a Petition for administrative hearing regarding the above referenced Notice of Determination regarding File No. 50-0311160-001. Respectfully Submitted, Julia L. Jennison Florida Bar No. 019572 Lewis, Longman & Walker, P.A. 515 N. Flagler Dr., Suite 1500 West Palm Beach, Florida 33401 Attorneys for Petitioner CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served by facsimile to Lea Crandall, Agency Clerk at the Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, (Facsimile: and that a true and correct copy was served via U.S. Mail to: Virginia Mortara, 414 Australian Avenue, Palm Beach, FL 33480 on this 74 1klay of December, 2012. Julia TL. Jennison Florida Bar No. 019572 00151761-I EFTA01116656 MAY 0 2 2012 Florida Department of Environmental Protection Southeast District Office 400 N. Congress Avenue, Suite 200 West Palm Beach, FL 33401 561.681-6600 Virginia Mortara 414 Australian Avenue Palm Beach, FL 33480 Re File No.: 50-0311160-001 File Name: Mortara, Virginia Dear Ms. Mortara: Rick Scott Governor Jennifer Carroll Lt. Governor Herschel T. Vinyard Jr. Secretary On April 5, 2012, we received your application for an exemption to install a 6-foot by 30-foot (180 ft2) marginal dock The project is located in the Lake Worth Lagoon, Class tll Waters, adjacent to 319 El Vedado Road, Palm Beach (Section 27, Township 43 South, Range 43 East), in Palm Beach County (26° 41' 3535" North Latitude, 80° 2' 20.54" West longitude). Your application has been reviewed to determine whether it qualifies for any of three kinds of authorization that may be necessary for work in wetlands or waters of the United States. The kinds of authorization are (1) regulatory authorization, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal authorization. The authority for review and the outcomes of the reviews are listed below. Please read each section carefully. Your project may not have qualified for all three forms of authorization. If your project did not qualify for one or more of the authorizations, refer to the specific section dealing with that authorization for advice on how to obtain it. 1. Regulatory Review. - VERIFIED The Department has the authority to review your project under Part IV of Chapter 373, Florida Statutes (PS.), Title 62, Florida Administrative Code (PA.C.), and in accordance with operating agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. Based on the information you submitted, we have determined that your project to install a 6-foot by 30- foot (180 fir) marginal dock is exempt from the need to obtain a DEP Environmental Resource Permit under Rule 40E-4.051(3)(b), P.A.C. 2. Proprietary Review. - GRANTED The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) and issues certain authorizations for the use of sovereignty submerged lands. The Department has the authority to review your project under Chapters 253 and 258, F.S., 18-18 and 18-21, F.A.C., and Section 62-343.075, F.A.C. Your project will occur on sovereignty submerged land and will require authorization from the Board of Trustees to use public property. As staff to the Board of Trustees, we have reviewed the proposed project and have determined that, as long as it is located within the described boundaries and is consistent.with the attached general consent conditions, the project qualifies for a consent by rule to use sovereignty submerged lands. Therefore, pursuant to Chapter 253.77, Florida Statutes, you may consider this letter as authorization from the Board of Trustees to perform the project WW1V.Clep..flatefl.US EXHIBIT I EFTA01116657 File Name: Mortara, Virginia FDEP File No.: 50-0311160-001 Page 2 of 4 3. Federal Review (SPGP). - NOT GRANTED Federal authorization for the proposed project is reviewed by DEP pursuant to an agreement between the Department and the U.S. Army Corps of Engineer (Corps). The agreement is outlined in a document titled Coordination Agreement Between the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection State Programmatic General Permit, Section 10 of the Riven and Harbor Act of 1899 and Section 404 of the Clean Water Act. Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). As shown on the attached drawings, the proposed project is eig consistent with the SIC? program. A copy of your application has been sent to the Corps who may require a separate permit. Failure to obtain their authorization prior to construction could subject you to enforcement action. For further information, contact the Corps directly at 561.4711590. This exemption verification is based on the information you provided the Department and the statutes and rules in effect when the information was submitted. This verification will expire after one year, and will not be valid at any other time if site conditions materially change, the project design is modified, or the statutes or rules governing the exempt activity are amended. However, the activity may still be conducted without further notification to or verification from the Department after the one-year expiration of this verification, provided: 1) the project design does not change; 2) site conditions do not materially change; and 3) there are no changes to the statutes or rules governing the exempt activity. In the event you need to re-verify the exempt status for the activity after the one-year expiration of this verification, a new application and verification fee will be required. Any substantial modification to the project design should be submitted to the Department for review, as changes may result in a permit being required. Conditions of compliance with the regulatory exemption are contained in Attachment A. This letter does not relieve you from the responsibility of obtaining other permits (federal, state, or local) that may be required for the project. NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS This letter acknowledges that the proposed activity is exempt from ERP permitting requirements under Rule 40E4.051(3)(b), F.AC. This determination is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this determination automatically becomes only proposed agency action subject to the result of the administrative review process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department The procedures for petitioning for a hearing are set forth in the attached notice. This determination is based on the information you provided the Department and the statutes and rules in effect when the application was submitted and is effective only for the specific activity proposed. This determination shall automatically expire If site conditions materially change or the governing statutes or rules are amended. In addition, any substantial modifications in your plans should be submitted to the Department for review, as changes may result in a permit being required. In any event this determination shall expire after one year. Be advised that your neighbors and other parties who may be substantially affected by the proposed activity allowed under this determination of exemption have a right to request an administrative hearing EFTA01116658 File Name: Mortara, Virginia FDEP File No.: 50-0311160-001 Page 3 of 4 on the Department's decision that the proposed activity qualifies for this exemption. Because the administrative hearing process is designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing may result in a final determination that the proposed activity is not authorized under the exemption established under Rule 40E-4.051(3)(b), F.A.C. The Department will not publish notice of this determination. Publication of this notice by you is optional and is not required for you to proceed. However, in the event that an administrative hearing is held and the Department's determination is reversed, proceeding with the proposed activity before the time period for requesting an administrative hearing has expired would mean that the activity was conducted without the required permit If you wish to limit the time within which all substantially affected persons may request an administrative hearing, you may elect to publish, at your own expense, the enclosed notice (Attachment A) in the legal advertisement section of a newspaper of general circulation in the county where the activity is to take place. A single publication will suffice. If you wish to limit the lime within which any specific person(s) may request an administrative hearing, you may provide such person(s), by certified mail, a copy of this determination, including Attachment A. For the purposes of publication, a newspaper of general circulation means a newspaper meeting the requirements of sections 50.011 and 50.031 of the Florida Statutes. In the event you do publish this notice, within seven days of publication, you must provide to the following address proof of publication issued by the newspaper as provided in section 50.051 of the Florida Statutes. If you provide direct written notice to any person as noted above, you must provide to the following address a copy of the direct mitten notice. Florida Department of Environmental Protection Southeast District Submerged Lands and Environmental Resources Program 400 North Congress Avenue, Suite 200 West Palm Beach, Florida 33401 If you have any questions, please contact Benny Luedike at (561) 681-6646 or by email at Benny.Luedikeedepstate.fLus. When referring to your project, please use the FDEP file name and number listed above. Sincerely, Date En onmental Manager Submerged Lands and Environmental Resources Program Enclosures EFTA01116659 Clerk Date File Name: Mortars, Virginia FDEP File No.: 50-0311160-001 Page 4 of 4 cc Samantha Rice, USACOE- Palm Beach Gardens, Samanthit,LRIceeusace.rumy,mil Matthew Butler, Isiminger & Stubbs Engineering, Inc., Diana Winter 335 El Vedado Road, Palm Beach, FL 33480 Laurel, Inc., c/o Jutta Seeberg. 1414 Lake Erie Drive, Lake Worth, FL 33461 FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to 120.52(9), Florida Statutes, with the designated Department Clerk, receipt of which is by acknowledged. sla EFTA01116660 Attachment A File No.: 50-0311160-001 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF DETERMINATION OF EXEMPTION The Department of Environmental Protection gives notice that the project to install* 6-foot by 30-foot (180 ft2) marginal dock located in the lake Worth Lagoon, Clam III Waters, adjacent to 319 El Vedado Road, Palm Beach (Section 27, Township 43 South, Range 43 East), in Palm Beach County (260 41' 3535" North Latitude, 80° 2' 2054" West Longitude) has been determined to be exempt from requirements to obtain an environmental resource permit A person whose substantial Interests are affected by the Department's action may petition for an administrative proceeding (hearing) under sections 120569 and 12057 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Mediation is not available. If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the Florida Administrative Code. In accordance with rule 62-110.106(3), F.A.C., petitions for an administrative hearing must be filed within 21 days of publication of the notice or receipt of written notice, whichever occurs first. Under rule 62-110.106(4) of the Florida Administrative Code, a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-a prior to the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Upon motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect, the Department may also grant the requested extension of time. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that right A petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (0 A statement of the specific rules or statutes that the petitioner contends require reverse] or modification of the agency's proposed action; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 29-106301. Under sections 120569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing shall be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. Complete copies of all documents relating to this determination of exemption are available for public inspection during normal business hours, 8:00 a.m. to 5130 •., Monday through Friday, at the Southeast District office, 400 North Congress Avenue, West Palm Beach, Florida. EFTA01116661 319 El Vedado Rd, Palm Beach, FL 33480-4735 Page 1 of 1 Print "WHOM MAPS 319 El Vedado Rd, Palm Beech, FL 33480-4736 2j— ck s = `Serra - tr. r.wet! 0- cr.': ri s tfite •=- i; `." • When using Says:Hying dinsctions or step, Ns a good We. b double check and make sure the road still exists. watch out for construction, and follow al traffic safety precautions. This is only to booted as an aid In Panning rYrn"cui http://maps.yahoo.com/print7business=8clocation=319%20EP/020Vedado%20Rd%2C%20... 4/26/2012 EFTA01116662 Print Page Page 1 of 1 4/26/2012 http://www.co.pahn-beach.flus/papa/Asps/papagis/printing/layout.asPx EFTA01116663 GCMG BOAT LIT eamic coa NOTES: 1. GARAI IS LEW. D3STIHG L0CA 0WSITE FIELD WORK FROM PSC. 3. SOUND14GS A113 SkAGRASS INFORMATION BY WANGS I MEE EINGINEERPla NCI FELD WORK CONDUCTED 2/3(12. SOUNDINGS RfnucEn TO rim ezAMzb ON PREDICTED TEES OM.Y. APPROX RIPARIAN UWE aAvacD WOO OR CONCRETE DOCK (Mt .) BESTING SEAWALL (WAAL AT FACE) i SKETCH RUBIO-TEE= tituEclIVIRONMENTAL PERMIT REVIEW. NOT INTENDED FOR , TON OR BELDING PERMIT RENEW. 41 SO itt G I1 FEET. I 0TP utk \t i) > b 4N t EGSTING SEAWALL (LOM AT FACE) 1, \ lo esupASS 1., \ MIPS OVIZIPIN4 OBSERVED _ ...S ,t 303 k • COSMO ROAMS WAU. 0 10 20 !! !i mmfl SCALE IN FEET 1-=201 AFPRox-SFEMLINE URAND StCAE WO RESIDENCE MATTHEW D. BUTLER, P.E. rnistt-136-sor Ws/ on_ LICENSE N0.74039 PLAN VIEW V IsmuNcarst & awns ERIGINESIUNG, cOAWAL • IIIIVIMIMOMIKEM. • MILIIINS COFFMAN 0/ .1/1106DOCIIPILIMOI: t114 /HOZ 100 - MORN PALM IFJOI. R.1304 • 111114111.03 PROPOSED SINGLE FAMILY DOCK LAKE WORTH 319 EL VEDADO ROAD TOWN OF PALM BEACH, PALM BEACH COUNTY, FL APPUCANT: VIRGINIA MORTARA DATE I 3H2 IDRAMN DIA0 MO. 11201002 SHEET OF 3 2 COMPUTER AAWL J 120100 EFTA01116664 NODES PROPOSED MOORING NIP prow \ I PROXIMO W030 OR OCNORE1E DOD( ft IDOSTNO RETAMMG WALL SOME SEAWALL MOGI, ilkNA. AT FAZE) AWN • ?St (tAt NOVO) _- PROPOSED PILE (DYP) KW 77 APPROX. GRADE OWL VARES) 1. DATUM IS /LW. l'iNGVO FROM LABINS DATABASE EOSED40 =AWNS APE APPROXMATE BASED ON ONS1TE FIELD WOW. CONDUCTS) 2/3112 AND 2011 AERIAL FROM PBC 3. SOUNDIWIS BY ISPARCER 8 SRAM ENCAVEERWG. INC. MELD WORK CONDUCTED 213112. SOUNONGS REDUCED TO SOY BASW ON PREDICTED TIDES ONLY. SKETCH SUEWITTED FOR ENVIRONMENTAL PERMIT REVIEW. NOT MERCED FOR CONSTRUCTION OR NULLING PERIM REVIEW. SECTION A-A 0 5 10 SCALE IN FEET 1.-la MATTED/ D. BOWS P.B. frkarbeato-- Ws fin t• LIMO NO. 74039 SECTION VIEW V Ismorant & SrUBBS ENGINE:0MM, INC COASTAL • INYZIOIOSNYAL • MAliret CORWATE MS: MM PA UR • ON flLM R..— - baba PROPOSED SINGLE FAMILY DOCK LAKE WORTH 319 El.. VEDADO ROAD TOWN OF PALM BEACH, PALM BEACH COUNTY, FL APPLICANT: VIRGINIA MORTARA DA1V Dw3 No 1201003 taartrin Me 14M 120100 3/12 I OMEN MDI3 GEO SHEET OF 3 EFTA01116665 Gary R. Nikolits, CFA Property Appraiser Palm Beach County Property Apprarser's Public Access taw' PA PA Location Address 358 EL BRILLO WAY Municipality PALM BEACH Parcel Control Number 50.43-43.27-06.000.0391 Subdivision EL BRAVO PARK SUPP PL IN Official Records Book 24936 Page 222 Sale Date DEC-2011 SUPPLMNTRY PI. OF EL BRAVO PARKW 24.30 FT OF LT 39 & LT 40 & TH PT Legal Description OF FILLED SUBMRGED LAND AS IN OR4266P1926 ADJ TO LT 40 Owners Mailing address 9100 HAVENSIGHT PORT OF SALE STE 15-19 ST THOMAS VI 00802 Sales Date Price OR Book/Page Sale Type Owner DEC-2011 S10 24936 / 0222 QUIT CLAIM LAUREL INC SEP-1990 52.500,000 06587 / 1099 WARRANTY DEED DEC-1988 $100 05955 / 0610 QUIT CLAIM AUG-1985 51.585.000 04635 / 1192 WARRANTY DEED JUL-1985 S100 04597 / 0777 QUIT CLAIM No Exemption Information Available. Number of Units 2 *Total Square Feet 14223 Acres 0.77 Use Code 0100 - SINGLE FAMILY Zoning RA - ( 50-PALM BEACH ) Tax Year Improvement Value Land Value Total Market Value Tax Year Assessed Value Exemption Amount Taxable Value Tax Year Ad Valorem Non Ad Valorem Total tax 2012 2011 2010 51.198,705 51,114,216 56,817,342 55.681,119 58,016,047 $6,795,335 All values are as of January 1st each year 2012 2011 51,131,388 55,072,427 $6,203,815 2010 58,016,047 56,795,335 56,203,815 SO SO SO 58.016,047 56,795,335 $6,203,815 2012 2011 2010 $146,973 $127,528 $I I 7,600 5522 $522 $498 $147,495 5128,050 $118.098 EXHIBIT EFTA01116666 PAPA Search • Search Search Results Detail View Property Record Owners LAUREL INC Property detail Location 358 EL BRILLO WAY Municipality PALM BEACH Parcel No. 50434327060000391 Subdivision EL BRAVO PARK SUPP PL IN Book 24936 Sale Date DEC-2011 Mailing Address 91 00 HAVENSIGHT PORT OF SALE STE I 5- I 9 ' THOMAS VI 00802 Use Type 0100 - SINGLE FAMILY Total Square 14223 Feet 11 Tools Layers Print Messages Instructional Videos EFTA01116667 ZONING APPLICATION TOWN OF PALM BEACH Variance 04-2013 TO BE HEARD BY THE TOWN COUNCIL ON (Zoning Case Number) This application includes requests for: Site Plan Review Special Exception X Variance January 9. 2011 NO AFTER 8:30 MI IF( ROAD, PALM BEACH Pursuant to the Town Zoning Code of Ordinances, Sections 134-172 (Special Exceptions and Variances) and/or 13-4-328 (Site Plan Review), this application is being sent to all property owners within 3001 of the location of the subject zoning application. A copy of this application along with all exhibits such as large drawings and other supporting documents that are not attached to this application are available for inspection at the Town's Planning, Zoning & Building Department, 360 S. County Rd., east entrance, weekdays between the hours of 8:30 and 4:30 M . All interested persons may appear and be heard at said Public Hearing and may likewise submit written statements prior to and at said Public Hearing. If any person decides to appeal any decision made by the Town Council with respect to this matter, he/she will need to ensure that a verbatim record of the proceeding is made which record includes the testimony and evidence upon which the appeal is to be based. I. SUBJECT ADDRESS: 319 El Vedad0 Road. Town of Palm Beach Zoning District R-A Fee Simple Property Owner's Name: Virginia L. Mortara Legal Description: Lot 52 and the West 25 feet of Lot 53. REVISED PLAT OF JUNGLE POINT ADDITION TO THE TOWN OF PALM BEACH, according to the Plat thereof, as recorded in Plat Book 18. Page 21. of the Public Records of Palm Beach County, Florida. Name and address of person who can receive service of process for purposes of litigation in Palm Beach County: M. Daniel Logan. Esquire. Eavenson & 200O PGA Boulevard, Suite 3200A. Palm Beach Gardens. FL 33408 Applicant Name: M. Daniel Logan. Esquire, Authorized Representative of Virginia L. Mortara Contact Phone (561) 626-1011 II. DESCRIPTION OF THE REQUEST TO BE HEARD BY TOWN COUNCIL, citing applicable Town Zoning Code Section Number(s): A. Applicable Zoning Code Section Number(s): 1. Section 62-75 Construction Specifications. Subparagraph (11) Location and alignment EXHIBIT Rev 07/10/2012 I C. EFTA01116668 VARIANCE #4-2013 Zoning Case Number B. Description of request by Zoning Section Number(s): 1. The Applicant requests a Variance to allow her to construct a 30' by 6' marginal dock located 10' from the West side yard property line in lieu of the 25' minimum set back requirement set forth in Section 62-75(h). 2. The Applicant requests a Variance to allow her to construct a 30' by 6' marginal dock located 10' from the Northern neighbor's South side property line in lieu of the 25' minimum set back requirement set forth In Section 62-75(h). 3. The Applicant requests a Valance from Section 62-75(h) to allow her to dock a vessel at the proposed dock, which vessel would extend beyond the Applicant's North neighbor's side property line, but not the Applicant's side property line. III. APPLICATIONS CONTAINING SITE PLAN REVIEW (Not Applicable) If the application contains Site Plan Review, complete Exhibit B, and briefly describe below the reasons why such application should be approved. This explanation should be a summary of information provided In Exhibit B (Site Nan Review by Town Council as stated in the Town's Zoning Code at Section 134-329) IV. APPUCATIONS CONTAINING SPECIAL EXCEPTIONS (Not Applicable) If the application contains requests for Special Exceptions, complete Exhibit C, and briefly describe below the reasons why such application should be approved. This explanation should be a summary of Information provided in Exhibit C (Requirements for granting Special exceptions by the Town Council as stated in the Town's Zoning Code at Section 134-229) V. APPLICATIONS CONTAINING VARIANCES If the application contains requests for variances, please respond to the questions below, and complete Exhibit D (Findings for authorizing a variance as stated in the Town's Zoning Code at Section 134-201). a. Applicant should provide a brief description of the special conditions which when subjected to a literal enforcement of the provisions of the zoning ordinance will result in unnecessary and undue HARDSHIP. This explanation should be a summary of information provided In Exhibit D. 1. The Applicant's lot is 125' wide. Only the West 50' of the rear 125' property Erie is waterfront. At the 50' mark, the Lake Worth Lagoon turns 90° to the North. Due to the lot configuration, it is impossible to build a functional dock in compliance with the 25' minimum set-back requirement absent the requested variance. 2. The Applicant's lot is 125' wide. Only the West 50' of the rear 125' property line is waterfront. At the 50' mark, the Lake Worth Lagoon turns 90° to the North. Due to the lot configuration, it is impossible to build a functional dock in compliance with the 25' minimum set-bock requirement absent the requested valance. 3. It is impossible to dock any vessel behind the residence in compliance with the requirement that no vessel may extend beyond the side property line into the Lake Worth Lagoon, to the extent that the adjacent neighbor's side properly line controls the application of this rule. Because of the WY' turn in the Lake Worth Lagoon, the Northern neighbor's side property line is common to the Applicant's rear property line. Rev 07/10/2012 -2- EFTA01116669 VARIANCE #4-2013 Zoning Case Number b. Applicant should address how granting of a variance for these special conditions will not be contrary to the public's interest. I . Granting the requested Variance will not be contrary to the public's interest because the proposed dock, as designed. was approved by the Florida Department of Environmental Protection and Army Corps of Engineers, is minimalist and conservative in its design. the construction of the proposed dock is consistent with docks located on a majority of the Intracoastal-front properties in the Town of Palm Beach, the approval of the proposed variance does not interfere with the adjacent neighbors' use and enjoyment of their docks or their view and the approval of the proposed variance will not harm navigation in the Intracoastal waterway. 2. Granting the requested Variance will not be contrary to the public's interest because the proposed dock, as designed, was approved by the Florida Department of Environmental Protection and Army Corps of Engineers. is minimalist and conservative in its design, the construction of the proposed dock is consistent with docks located on a majority of the Intracoastal-front properties in the Town of Palm Beach, the approval of the proposed variance does not interfere with the adjacent neighbors' use and enjoyment of their docks or their view and the approval of the proposed variance will not harm navigation in the Intracoastal waterway. 3. Granting the requested Variance will not be contrary to the public's interest because the proposed dock, as designed, was approved by the Florida Department of Environmental Protection and Army Corps of Engineers, the docking of a vessel is consistent with dock usage on a majority of the Intracoastal-front properties in the Town of Palm Beach, the approval of the proposed variance does not interfere with the adjacent neighbors' use and enjoyment of their docks or their view and the approval of the proposed variance will not harm navigation in the Intracoastal waterway. VI. SITE HISTORY Please provide a detailed history in chronological order of all zoning-related requests processed on or after January 1, 1970 applicable to this property. This information should be attached as Exhibit E - Site History. M. Daniel Logan, Atty for Virginia L. Mortara Typed name & telephone:(561) 626-lOtt Fee Simple perry Owner's Signature (or his/her ly authorized attorney) M. Daniel Logan, Arty for Virginia L. Mortara Typed name & telephone: (561)626-1011 Rev 07/10/20I2 --3— EFTA01116670 VARIANCE #4-2013 Zoning Case Number FJ(HIBIT A - LEGAL DESCRIPTIOU Lot 52 and the West 25 Feet of Lot 53, REVISED PLAT OF JUNGLE POINT ADDITION TO THE TOWN OF PALM BEACH, according to the plat thereof, as recorded in Plot Book 18, Page(s) 21, of the Public Records of Palm Beach County, Florida. Rev 07/10/2012 —4— EFTA01116671 VARIANCE #4-2013 PXHIRIT RFOI1EST FOR VARIANCE CRITERIA FOR AUTHORIZING A VARIANCE The Town Council must find the application In conformance with a number of criteria. Please address each of the criteria completely in order to provide the Council with sufficient Information to make a determination on your application. 1. List the special conditions and circumstances peculiar to the land, structure or building which are not applicable to other lands, structures or buildings in the same zoning district. I. The Applicant's lot is 125' wide. Only the West 50' of the rear 125' property fine is waterfront. At the 50' mark, the Lake Worth Lagoon turns 90° to the North. Due to the lot configuration, it is impossible to build a functional dock in compliance with the 25' set-bock requirement absent the approval of the requested variance. 2. The Applicant's lot is 125' wide. Only the West 50' of the rear 125' property line is waterfront, At the 50' mark, the Lake Worth Lagoon turns 90° to the North. Due to the lot configuration, it is impossible to build a functional dock in compliance with the 25' set-bock requirement absent the approval of the requested variance. 3. It is impossible to dock a vessel behind the residence in compliance with the requirement that no vessel may extend beyond the side properly line into the Lake Worth Lagoon, to the extent that the adjacent neighbor's side property One controls the application of this rule. Because of the 90° turn in the Lake Worth Lagoon, the Northern neighbor's side property line Is common to the Applicant's rear property line. 2. Indicate how the special conditions and circumstances do not result from the actions of the applicant. I. The lot has historically maintained the same configuration. The hardship existed prior to the Applicant's acquisition of title. 2. The lot has historically maintained the some configuration. The hardship existed prior to the Applicant's acquisition of title. 3. The lot has historically maintained the same configuration. The hardship existed prior to the Applicant's acquisition of title. 3. Demonstrate that the granting of the variance will not confer on the applicant any special privilege that Is denied by this ordinance to other lands, buildings or structures in the same zoning district. I. The configuration of the Applicant's water frontage is unique to the Town of Palm Beach. It is the only location where the Lake Worth Lagoon makes a 90° turn in a single-family residential area. There is no special privilege conferred upon the applicant that is denied to other lands because the Applicant's proposed dock is consistent with the existing docks built by her surrounding water-front neighbors. Other similarly situated property owners in the same zoning district with properties adjacent to the intracoastal are able to construct docks for their use and enjoyment of the waterway. 2. The configuration of the Appicant's water frontage is unique to the Town of Palm Beach. It is the only location where the Lake Worth Lagoon makes a 90° turn in a single-family residential —5- EFTA01116672 VARIANCE #4-2013 area. There is no special privilege conferred upon the applicant that Is denied to other lands because the Applicant's proposed dock is consistent with the existing docks built by her surrounding water-front neighbors. Other similarly situated property owners In the same zoning district with properties adjacent to the Intracoastal are able to construct docks for their use and enjoyment of the waterway. 3. The configuration of the Applicant's water frontage is unique to the Town of Palm Beach. It is the only location where the Lake Worth Lagoon makes a 90° turn in a single-family residential area. There is no special privilege conferred upon the applicant that is denied to other lands because the Applicant's request to dock o vessel at her proposed dock Is consistent with the existing vessels docked along her surrounding water-front neighbors' docks. Other similarly situated property owners in the same zoning district with properties adjacent to the Intracoastal are able to dock vessels at their docks. 4. Demonstrate how literal Interpretation of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this ordinance and would work unnecessary and undue hardship on the applicant. 1. The literal interpretation of the 25' set-back requirement for the placement of a dock on the Applicant's lot would completely prevent the Applicant from building any dock on her property because her water-frontage is only 50'in width. 2. The literal interpretation of the 25' set-back requirement for the placement of a dock on the Applicant's lot would completely prevent the Applicant from building any dock on her property because her water-frontage is only 50'in width. 3. It is also impossible to dock any vessel behind the residence In compliance with the requirement that no vessel may extend beyond the side property line into the Lake Worth Lagoon, to the extent that the adjacent neighbors side property line controls the application of this rule. The Northern neighbor's West side property One is common to the Applicant's rear property line. In essence, the Town of Palm Beach's zoning code precludes the Applicant's ability to enjoy her riparian rights absent granting the requested variances. 5. Demonstrate that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. I. The proposed dock is 6' by 30', which Is the minimum necessary for the safe enjoyment of the Applicant's waterfront. The conservative dock design was intentionally chosen to provide enough dock space to enjoy the Applicant's riparian rights, but simultaneously protect the neighbor's view. 2. The proposed dock is 6' by 30', which is the minimum necessary for the safe enjoyment of the Applicant's waterfront. The conservative dock design was intentionally chosen to provide enough dock space to enjoy the Applicant's riparian rights, but simultaneously protect the neighbor's view. 3. The requested variance is the minimum required to allow any vessel to be docked at the Applicant's property. 6. Show how the granting of the variance will be in harmony with the general intent and purpose of this chapter, and such variance will not be injurious to the area Involved or otherwise detrimental to the public welfare. I. The approval of the requested variance will not adversely impact the health, safety or welfare of the Applicant's neighbors or the citizens of the Town of Palm Beach. The proposed dock -6- EFTA01116673 VARIANCE #4-2013 will not interfere with the use and enjoyment of neighboring docks or boat traffic in the Lake Worth Lagoon. The proposed dock will allow the Applicant to enjoy her waterfront, which is consistent with this Chapter and Florida law. 2. The approval of the requested variance will not adversely impact the health, safety or welfare of the Applicant's neighbors or the citizens of the Town of Palm Beach. The proposed dock will not interfere with the use and enjoyment of neighboring docks or boat traffic in the Lake Worth Lagoon. The proposed dock will allow the Applicant to enjoy her waterfront, which is consistent with this Chapter and Florida law. 3. The approval of the requested variance will not adversely impact the health, safety or welfare of the Applicant's neighbors or the citizens of the Town of Palm Beach. Allowing the Applicant to dock a vessel at her proposed dock will not interfere with the use and enjoyment of neighboring docks or boat traffic in the Lake Worth Lagoon. The proposed dock will allow the Applicant to enjoy her waterfront, which is consistent with this Chapter and Florida law. -7- EFTA01116674 VARIANCE #4-2Q13 FXHIRIT E - SITE HISTORY Please provide a detailed history of all zoning-related requests applicable to this property processed on or after January 1, 1970, in chronological order, including but not limited to variances, special exceptions, site plan reviews, and existing agreements. 1. In October 1980. Town Council granted Variance 34-80 to allow gateposts of 4'8" in lieu of the 4' maximum allowed. 2. In December 1999, Town Council granted Variance 31-99 to allow the height of a wall to enclose a generator to be 9 feet in lieu of the 7 foot maximum allowed. 3. In September 2012, Town Council granted Special Exception No. 22-2012 to allow two sliding gates on El Vedado with a 8.1 foot setback in lieu of the 18 foot minimum required. -8- EFTA01116675 EXHIBIT F - PARKING STATEMENT 1. The proposed improvements to be added to the residence are a 6' x 30' marginal dock. No additional parking is necessitated by the proposed improvements. All vehicles will either park on the property or on available parking in the right of way as permitted by the Town of Palm Beach. -9- EFTA01116676 VICINITY MAP VARIANCE #4-2013 VARIANCE #4-2013 - 319 EL VEDADO RD. EFTA01116677 AI a ,t0 ,0a P*.C. TIp ft 1,rael:C COO COM% alarlikat &Mb Or Malt ItIbICIFSCIWWW Jr, CCM. no:WM MO J•40,040. L 101COJOI VCCAYJ kW) .11 It 1310 P417 ZOOMED OUT AERIAL EXHIIIIT EFTA01116678 0 10 20 eget KALI IN Fek7 reit 3010.40001100 VA WAIN thus orna eon aft.00elOW•PeOUSIII. I blinalt400:1•••••••••••••••411Calll OVUIVOINcrtadOOPONOM/0/41011ent 1 SONSISINOSOMPASIMICC•074.6fl 014•02014:000NDONININWO. 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