Planning Board approves 21-square-foot balcony and landscaping amendment at 3515 S. Ocean Blvd., with FDOT condition

The Town of Highland Beach Planning Board on March 13 approved an amendment to a previously granted major modification (Development Order DO 24-0002) that adds a 21-square-foot balcony to the west side of the residence at 3515 South Ocean Boulevard and adopts a landscaping plan for the property, contingent on Florida Department of Transportation approval for work in FDOT right of way.

Town planner Alan explained that the project is an amendment to a previously approved major modification and that staff reviewed the applicant’s plans (received by the building department on Feb. 19, 2025). He told the board that the existing structure was built in 1996 and that initial measurements showed a front setback of 36 feet 2 inches while the RML zoning district requires a 40-foot front setback. Staff searched town records and located board-of-appeals minutes from Oct. 18, 1994, showing three variances had been granted for the property, including a front-setback variance reducing the required 40 feet to 25 feet. That prior variance resolved the nonconforming setback issue for the proposed balcony, the planner said.

The amendment would add a 21-square-foot balcony on the front (west) elevation and a landscaping plan that includes removal of 10 trees, relocation of one tree, retention of 15 existing trees, and the addition of seven trees plus 25 palm trees; the plans also include an irrigation layout. Staff recommended conditions of approval, including that the applicant obtain FDOT approval for landscaping work proposed in the FDOT right of way and, once FDOT approval is received, seek the town commission’s approval for any amendment to the Town’s landscape memorandum agreement for FDOT right-of-way planting.

Members asked procedural questions about how FDOT approvals interact with planning-board approvals and whether the board could withhold action until FDOT acted. Alan and a town staff member explained that the board may condition approval on third-party agency approvals but generally may not deny solely because another agency’s approval is required; staff recommended and the board adopted a condition that the landscaping in the FDOT right of way must be approved by FDOT and that if FDOT requires changes the application would return to the board or commission as required.

Board members also discussed the proposed driveway columns and a slotted metal fence described by the applicant’s representative; the representative said the fence would be transparent to avoid obstructing the home’s facade. No members of the public spoke on the amendment. The board moved and seconded a motion to approve the amendment with the FDOT-approval condition; a roll-call vote recorded “yes” votes from Member Chernofsky, Member Rosen, Member Brown and Vice Chairperson Mendelsohn, and the chair indicated the motion passed.