Planning board approves seawall, dock and boat lift for South Ocean Boulevard property; asks commission to revisit hardscape rule

The Town of Highland Beach Planning Board voted Aug. 14 to approve Development Order PZ-25-28, a special-exception request for 2564 South Ocean Blvd. that will allow installation of a 105-linear-foot seawall and seawall cap, a 275-square-foot concrete dock, two 10-foot seawall returns and a 33,000-pound-capacity elevator boat lift, and placement of approximately 1,360 square feet of fill behind the seawall.

Town planner Alan presented aerial photos, permit materials and plan sheets included in the packet. Alan told the board that the applicant holds authorizations from the Florida Department of Environmental Protection (FDEP) and the U.S. Army Corps of Engineers; staff noted dimensional discrepancies between the FDEP/Army Corps approvals and the town permit plans, including a difference in seawall elevation (FDEP/Army Corps showing roughly 6.26 ft vs. the town plans at 7.0 ft) and a reduced dock footprint under the town’s January 2025 accessory marine regulations (the federal permits showed an 8-foot-wide dock totaling 440 square feet while the town plans reflect a 5-foot dock totaling 275 square feet).

Staff findings and conditions

Staff found the proposed plans consistent with applicable special-exception provisions and the comprehensive plan where applicable, but recommended conditions of approval that the board attached to its action: 1) the applicant must obtain building permits (including the outsourced structural engineering review at building permit); and 2) the area between the property line and the seawall cap (approximately 2 feet in this case) must be finished with sod or artificial turf and may not be a hard, nonporous surface — a condition intended to implement the town code (section 30-66(c)(1)(a)) that limits nonporous hard surfaces abutting waterways unless specific drainage measures are provided and approved.

Applicant testimony

Jeff Headen, representing owner Mikhail Vasilov, said the owner had pursued federal approvals for several years: “We’ve been trying to get this permit with the Army Corps of Engineers. It took three and a half years. We want to give them their backyard back,” Headen said. Contractor Dave Cutter described the fill and compaction process and said fill would be placed and compacted in lifts so the finished surface is stable.

Board discussion and code-change recommendation

Board members discussed the practical effect of the code restriction that prevents continuous hardscape to the seawall when the town approves excess land behind a seawall. Several members said it is undesirable for property owners to have to walk across sod or artificial turf to reach a dock in daily use and suggested the code should allow an engineered hardscape path. The board unanimously approved a separate motion requesting that the Town Commission consider amending section 30-66(c)(1)(a) of the town code to permit hardscape connections to docks in the circumstance at issue; the board also voted that a member would sponsor the proposed amendment for commission consideration.

Voters and motion

The planning board motion to approve the special exception with staff conditions passed unanimously. Chairperson Mendelson called the roll and all members present voted yes.

Permitting notes and outstanding items

- Army Corps and FDEP authorizations are in the applicant’s packet; staff noted the differing elevations and dock dimensions between federal approvals and the town plans.

- The applicant may pursue a variance if they want a larger dock than the town code’s combined seawall-cap-and-dock width permits. Alan advised that applicants may seek variances during the permit process.

- Staff flagged a potential dredging question: the packet’s Army Corps material references filling of tidal wetlands (52.5 square feet noted in the Corps documentation); staff suggested the applicant review whether a dredge permit or additional federal permit actions will be needed to operate the lift but did not make dredging a condition of approval.

Presenters and participants

Town planner Alan and staff member Ingrid presented the staff report. Jeff Headen represented the property owner, Mikhail Vasilov; Dave Cutter spoke for the marine contractor team. The applicant’s plans were stamped 07/24/2025 in the packet.

Next steps

The approval is contingent on the applicant obtaining the required building permits and the Town Commission’s landfill/land-fill permit approval where required by code. The board’s separate recommendation to the Town Commission to amend section 30-66(c)(1)(a) is an advisory action; any code change would require commission initiation and adoption.

For the record, the board’s action approved the special exception and attached staff-recommended conditions; the town’s building and permitting review remains the next step.