Order Denying Application to Amend Old Port Cove South Marina PUDVILLAGE OF NORTH PALM BEACH, FLORIDA
ORDER DENYING APPLICATION TO AMEND OLD PORT COVE SOUTH MARINA
PLANNED UNIT DEVELOPMENT
Applicant: SMH Old Port Cove, LLC, Property Owner
Property Location: 112 Lakeshore Drive, North Palm Beach, FL 33408 ("Property")
Legal Description: Parcel of Land in Section 9, Township 42 South, Range 43 East (Part
of Government Lots 1 and 2 lying northeasterly of and adjacent to
Lakeshore Drive — metes and bounds) (PCN: 68-43-42-09-00-001-
0040)
Request: Request for a Major Amendment to the Planned Unit Development to
modify the conditions of approval to eliminate the retail cafe use and
allow for 30 seats of outdoor seating adjacent to the existing restaurant.
THIS MATTER came before the Village Council for public hearing on October 28,
2021. After considering the testimony and other evidence presented by the Applicant,
Village Staff and members of the public, the Village Council hereby makes the following
findings of fact:
1. The hearing was properly noticed in accordance with all Village Code
requirements.
2. Applicant's request does not meet the requirements of Section 45-35.1 of the
Village Code of Ordinances governing Planned Unit Developments because the proposed
outdoor seating and associated noise is not in harmony with, and will have a detrimental
impact on, the existing residential uses immediately adjacent to the Property.
Based on the foregoing findings of fact and the criteria set forth in Section 45-35.1 of
the Village Code of Ordinances, it is hereby ORDERED by the Village Council that the
Applicant's request for a Major Amendment to the Old Port Cove South Marina Planned Unit
Development to modify the conditions of approval to eliminate the retail cafe use and allow
for 30 seats of outdoor seating adjacent to the existing restaurant is hereby DENIED.
DONE AND ORDERED this 28th day of October, 2021.
VILLAGE OF NORTH PALM BEACH
By: C
Darryl C. Aubrey, Mayor
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ATTEST:
essica Green; M -M, Village Clerk
FLORIDA
Copies to: i7•.
6669*04
Applicant
Cotleur & Hearing (Agent)
Jeremy Hubsch, Community Development Director
Leonard G. Rubin, Village Attorney
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