EFTA01116653.pdf

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAUREL, INC., Petitioner, VS. File No. 50-0311160-001 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent. 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 Attorneysfor 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  Rick Scott Florida Department of Governor Environmental Protection Jennifer Carroll Lt. Governor Southeast District Office 400 N. Congress Avenue, Suite 200 West Palm Beach, FL 33401 Herschel T. Vinyard Jr. 561.681-6600 Secretary MAY 0 2 2012 Virginia Mortara 414 Australian Avenue Palm Beach, FL 33480 Re File No.: 50-0311160-001 File Name: Mortara, Virginia Dear Ms. Mortara: 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 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. Clerk Date 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 administrativ e 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 ck s = 2j— `Serra - tr. .r wet! 0- cr.':s ritfite rYrn"cui •=- 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 http://maps.yahoo.com/print7business=8clocation=319%20EP/020Vedado%20Rd%2C%20... 4/26/2012 EFTA01116662  Print Page Page 1 of 1 http://www.co.pahn-beach.flus/papa/Asps/papagis/printing/layout.asPx 4/26/2012 EFTA01116663  SO FEET. i tt G 0TP 0 10 20 I1 !! !i mmfl I SCALE IN FEET GCMG utk 1-=201 APPROX EGSTING SEAWALL BOAT LIT RIPARIAN UWE (LOM AT FACE) \t i) 41 > b4N t aAvacD WOO OR CONCRETE DOCK 1, \ lo esupASS eamic coa 1., \ OBSERVED (Mt .) MIPS OVIZIPIN4 _ BESTING SEAWALL ...S ,t (WAAL AT FACE) 303 k • AFPRox-SFEMLINE COSMO ROAMS WAU. URAND StCAE WO RESIDENCE PLAN VIEW IsmuNcarst & awns NOTES: V ERIGINESIUNG, cOAWAL • IIIIVIMIMOMIKEM. • MILIIINS 1. GARAI IS LEW. COFFMAN 0/ .1/1106DOCIIPILIMOI: t114 /HOZ 100 - MORN PALMIFJOI.R.1304 • 111114111.03 D3STIHG L0CA 0WSITE PROPOSED SINGLE FAMILY DOCK FIELD WORK FROM PSC. MATTHEW D. BUTLER, P.E. LAKE WORTH 3. SOUND14GS A113 SkAGRASSINFORMATION BY WANG 319 EL VEDADO ROAD S I MEE EINGINEERPla NCI FELD WORK CONDUCTED 2/3(12. SOUNDIN GS rnistt-136-sor TOWN OF PALM BEACH, PALM BEACH COUNTY, FL RfnucEn TO rim ezAMzb ON PREDICTED TEES OM.Y. Ws/ on_ APPUCANT: VIRGINIA MORTARA i SKETCH RUBIO-TEE=itu NOT INTENDED FOR , t EclIVIRONMENTAL PERMIT REVIEW. TON OR BELDING PERMIT RENEW. LICENSE N0.74039 DATE I 3H2 IDRAMN DIA0 MO. 11201002 COMPUTER AAWL SHEET 2 J 120100 OF 3 EFTA01116664  IDOSTNO RETAMMG WALL PROPOSED MOORING NIP prow SOME SEAWALL MOGI, ilkNA. AT FAZE) \ I PROXIMO W030 OR OCNORE1E DOD( ft AWN • ?St (tAt NOVO) _- PROPOSED PILE (DYP) KW 77 APPROX. GRADE OWL VARES) SECTION A-A 0 5 10 SCALE IN FEET 1.-la SECTION VIEW Ismorant & SrUBBS NODES V ENGINE:0MM, INC COASTAL • INYZIOIOSNYAL • MAliret 1. DATUM IS /LW. l'iNGVO FROM LABINS DATABASE PA UR CORWATE • ONflLM MS: MM R..— -baba EOSED40 =AWNSAPE APPROXMATE BASED ONS1TE FIELD WOW. CONDUCTS) 2/3112 AND 2011 AERIALONFROM PROPOSED SINGLE FAMILY DOCK PBC MATTED/ D. BOWS P.B. LAKE WORTH 3. SOUNDIWIS BY ISPARCER 8 SRAM ENCAVEERWG. INC. 319 El.. VEDADO ROAD MELD WORK CONDUCTED 213112. SOUNON frkarbeato-- TO SOY BASW ON PREDICTED TIDES ONLY.GS REDUCED TOWN OF PALM BEACH, PALM BEACH COUNTY, FL APPLICANT: VIRGINIA MORTARA SKETCH SUEWITTED FOR ENVIRONMENTAL PERMIT REVIEW. Ws fin t• DA1V 3/12 I OMEN NOT MERCED FOR CONSTRUCTION OR NULLING MDI3 GEO PERIM REVIEW. LIMO NO. 74039 Dw3 No 1201003 SHEET taartrin Me14M 120100 OF 3 EFTA01116665  Gary R. Nikolits, CFA Property Apprarser's Public Access PA PA Property Appraiser Palm Beach County taw' 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 Mailing address Owners 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 2012 2011 2010 Improvement Value 51.198,705 51,114,216 51,131,388 Land Value 56,817,342 55.681,119 55,072,427 Total Market Value 58,016,047 $6,795,335 $6,203,815 All values are as of January 1st each year Tax Year 2012 2011 2010 Assessed Value 58,016,047 56,795,335 56,203,815 Exemption Amount SO SO SO Taxable Value 58.016,047 56,795,335 $6,203,815 Tax Year 2012 2011 2010 Ad Valorem $146,973 $127,528 $I I 7,600 Non Ad Valorem 5522 $522 $498 Total tax $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 91 00 HAVENSIGHT Mailing Address 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 (Zoning Case Number) This application includes requests for: Site Plan Review Special Exception X Variance TO BE HEARD BY THE TOWN COUNCIL ON January 9. 2011 AFTER 8:30 MI IF( NO 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 h