Yirah.fi
EN

ajankohtaista · tutkittua tietoa · Raamattu & teologia

Uutta Joukkovaikuttamisen keinot · kirja nyt saatavilla

Tämä on FBI:n tutkinta-asiakirja Epstein Files -aineistosta (FBI VOL00009). Teksti on purettu koneellisesti alkuperäisestä PDF-tiedostosta. Hae lisää asiakirjoja →

FBI VOL00009

EFTA01116653

27 sivua
Sivut 1–20 / 27
Sivu 1 / 27
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
Sivu 2 / 27
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
Sivu 3 / 27
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
Sivu 4 / 27
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
Sivu 5 / 27
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
Sivu 6 / 27
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
Sivu 7 / 27
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
Sivu 8 / 27
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
Sivu 9 / 27
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
Sivu 10 / 27
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
Sivu 11 / 27
Print Page 
Page 1 of 1 
4/26/2012 
http://www.co.pahn-beach.flus/papa/Asps/papagis/printing/layout.asPx 
EFTA01116663
Sivu 12 / 27
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
Sivu 13 / 27
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
Sivu 14 / 27
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
Sivu 15 / 27
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
Sivu 16 / 27
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
Sivu 17 / 27
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
Sivu 18 / 27
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
Sivu 19 / 27
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
Sivu 20 / 27
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
Sivut 1–20 / 27