HomeMy Public PortalAboutPRR 16-2378Renee Basel
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Wednesday, November 2, 2016 7:54 AM
To: Bill Thrasher; Rita Taylor; Renee Basel;jrandolph@jonesfoster.com
Subject: Public Record Request - open front lawn review of 2500 AAS
Dear Custodian of Records,
I request to inspect certain public records' in the custody of the Town of Gulf Stream" or in the custody of its agents or
associated entities.
While I am not statutorily obligated to explain why I want to inspect these records, I tell you my
inspection of these records may be essential to my ability to make informed comments in an
upcoming public hearing. The records I wish to inspect may also be material to current, anticipated or
presently unforeseen legal action. The production of any and all responsive records is
therefore urgent and must be acted upon in compliance with Florida Statutes and established case
law as soon as possible.
Before making this public record request, I first searched online and in the public records portion of
your agency's website hoping I could locate the public records I seek without having to write you
directly. Unfortunately I cannot find the records I wish to inspect. Therefore I am writing you now and
requesting you make every effort as required by law to produce these public records without delay.
The public records I request to inspect may be in the custody of an entity currently or previously
associated with, or under contract with, your agency. As a courtesy to you and that entity, and to
assist in expediting my access to inspect records responsive to this request I am notifying this
entity of this request by copy of this email. I am NOT requesting this entity produce responsive
records directly to me. Rather I am alerting them to my request to you so that they may prepare to
assist you, if they choose to, in producing responsive records. Do not assume my act of copying this
entity with this request relieves you of any of your duties under Florida Statute. I ask that you contact
this entity yourself in order to obtain all Public records responsive to this request if those records are
not all in your custody.
I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of
the Florida Statutes. I hereby reserve all rights granted to me under the Florida
Constitution and Florida Statutes.
I ask that you take the following action:
• Read this entire request carefully and respond accordingly.
• If you are not the custodian of the public records described herein please determine who that person is and
notify me immediately in order that I may make this request to the appropriate person without delay.
• Reference Florida Statutes and appropriate case law when responding to this record request.
• Do NOT produce any records other than records responsive to this request.
• Identify by name the person or persons responding to this request if that person is not the Custodian of
Records for your agency as required by 119.070 )(b).
• Respond to this public record request in a singular manner and do not combine this
request with any other public record requests when responding to this request.
• Once you have determined that you do or don't have any records in your
custody responsive to this request, immediately act to obtain any responsive records
that may be in the custody of your contractor(s) or other parties.
• Provide only those records for inspection that do not require extensive use of
information technologies or extensive staff time or both in excess of 15 minutes.
• If records responsive to this request are not presently available but you expect that
they will soon be available I request that you produce the records as soon as they are
available.
I ask you to take note of §119.07(1)(c) Florida Statues and your affirmative obligation to (1)
promptly acknowledge receipt of this public records request and (2) make a good faith effort which
"includes making reasonable efforts to determine from other officers or employees within the agency
whether such a record exists and, if so, the location at which the record can be accessed." I am,
therefore, requesting that you notify every individual and entity in possession of records that may be
responsive to this public records request, including individuals and entities under contract with your
agency, to preserve and produce all responsive records on an immediate basis.
If you contend that any of the records I am seeking, or any portion thereof, are exempt from
inspection or disclosure please cite the specific exemption as required by §119.07(1)(e) of the Florida
Statutes and state in writing and with particularity the basis for your conclusions as required
by §119.07(1)(f) of the Florida Statutes. Produce for my inspection all responsive records and ONLY
redact that portion of the record that you consider exempt. To be clear, if you consider an entire
record to be exempt, produce that record in its entirety with all portions redacted that you consider
exempt. I specifically ask you to do this in order that I may inspect fully redacted records for the
purpose of challenging a particular redaction or establishing a reference for a future request of a
record that is only temporarily exempt, as in the case of a public record that was prepared by an
agency attorney exclusively for litigation and is only exempt from disclosure until the conclusion of the
litigation.
If the public records being sought are maintained by your agency or contactors for your agency, in an
electronic format please produce the records in the original electronic format in which they were
created or received. See §119.01(2)(f), Florida Statutes.
Again I ask that you provide only those records for inspection that do not require extensive use of
information technologies or extensive staff time or both in excess of 15 minutes. Take note
of §119.07(4)(a)3.(d) Florida Statues and if you anticipate that any records exist, the production for
inspection of which will require extensive use of information technologies or extensive staff time or
both in excess of 15 minutes, then please provide those records that can be produced within the first
15 minutes and advise me of the cost you anticipate to be incurred by your agency for the remaining
records prior to incurring this cost. Please do not incur any costs on my behalf without first obtaining
my written authorization to proceed. If you produce only a portion of all existing responsive records,
please tell me that your response includes only a portion of all existing records responsive to this
request.
If you anticipate the need to incur any costs that I would be statutorily required to pay in order to
inspect these public records which would exceed $1.00 please notify me in advance of your incurring
that cost with a written estimate of the total cost. Please be sure to itemize any estimates so as to
indicate the total number of pages and/or records, as well as to distinguish the cost of labor and
materials. Again, please do not incur any costs on my behalf without first obtaining my written
authorization to proceed.
A record that does not exist because of its disposition requires the creation of a disposition record. In
all instances where you determine a record does not exist please determine if the record once existed
and in its replacement provide the disposition record for my inspection.
As background to this request I call your attention to Town Manager Thrasher's fax
communication to Mr. Lou Roeder on Dec 18, 2012 regarding Mr. Roeder's inquiry about when
landscape plantings must conform to the Town code to which Mr. Thrasher stated, "The
requirement for any permit, triggers the need for conformity to the code(s)." I also call your
attention to Town Ord. 15/4 regulating Open Front Lawns in Place Au Soleil.
I request to inspect any public record* regarding commenting on, communicating about,
considering, or reviewing the recent Applications for Development Approval of 2500 Avenue
Au Soleil in regard to the proposed projects compliance with Town regulations which require
75% of all plants in the front of a home in Place Au Soleil not to exceed a mature height of
three feet. I anticipate that responsive records may include but may not be limited to records
submitted by the applicant, records created by Town staff, records created by appointed or
elected officials, and/or records created by the Town Attorney.
*The term public records, as used herein, has the same meaning and scope as the definition of
Public records adopted by the Florida Legislature as Statutes Chapter 119.
91
**The phrase Town of Gulf Stream when used herein refers to the Town in its entirety and all entities
of the Town including all employees, appointees, officials, assignees, counsel and consultants
including Town Manager, Town Clerk, Town Police Chief, Town Commissioners, Town Mayor, Town
Departments, Town Police Officers, Town Employees, Town Staff Attorney, Town Engineer, the law
firm (Jones Foster Johnston & Stubbs P.A.) that claims to be the Town Attorney including all attorney,
partner and employee members of that firm; the Town Counsel of Sweetapple, Broeker &
Varkus including all attorney, partner and employee members of that firm, the Town Counsel
of Richman Greer, P.A. including all attorney, partner and employee members of that firm and any
other entity associated with the Town and subject to public records law.
If you do not understand any part of this request or if you need clarification about this request, notify me as
soon as possible so I may further describe or clarify this request. Due to issues of delivery failure and occasional
rejection by your server this email is being sent to multiple recipients to insure prompt delivery.
All responses to this public records request should be made in writing to the following email address:
chrisoharegulfstream@gmail.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
November 3, 2016
Chris O'Hare [mail to: chrisoharegulfstreamaemail.com]
Re: GS #2378 (open front lawn review of 2500 AAS)
I request to inspect any public record* regarding commenting on, communicating about,
considering, or reviewing the recent Applications for Development Approval of 2500 Avenue Au
Soleil in regard to the proposed projects compliance with Town regulations which require 75% of
all plants in the front of a home in Place Au Soleil not to exceed a mature height of three feet. I
anticipate that responsive records may include but may not be limited to records submitted by the
applicant, records created by Town staff, records created by appointed or elected officials, and/or
records created by the Town Attorney.
Dear Chris O'Hare [mail to: chrisohareeulfstreatnegmail.coml:
The Town of Gulf Stream has received your public records requests dated November 2, 2016. The
original public records request can be found at the following link:
htty://www2.gulf-stream.org/weblink/O/doc/103418/Pa eg 1_aspxx
Please be advised that the Town of Gulf Stream is currently working on a large number of
incoming public records requests. The Town will use its very best efforts to respond to you in a
reasonable amount of time with the appropriate response or an estimated cost to respond.
yS��incerely, ��� �""��
1<"I RoaU" plv7�u.
As requested by Rita Taylor
Town Clerk, Custodian of the Records
Renee Basel
From:
Marty Minor <MMinor@udkstudios.com>
Sent:
Monday, August 22, 2016 9:26 AM
To:
Bill Thrasher
Cc:
bryanisackson@gmail.com
Subject:
RE: Changes in highlights
Bill,
Good morning!
I have received your email and attachments. Thank you. I will be reviewing these plans and visiting the site this week. I
am also available to speak to the applicant or his agent.
Thank you,
marty
Marty R.A. Minor, AICP
ban MMinor@udkstudios.com
610 Clematis Street
aruoios
Suite CU02
West Palm Beach, FL 33401
P.561.366.1100 x.148 I F.561.366.1111
From: Bill Thrasher [mailto:bthrasher@gulf-stream.org]
Sent: Saturday, August 20, 2016 7:29 AM
To: Marty Minor<MMinor@udkstudios.com>
Cc: bryanisackson@gmail.com
Subject: Fw: Changes in highlights
Good morning Marty,
Attached are some drawings that I would like you to review and provide your professional observation. I
believe that the proposed new garage becomes a dominant feature and has a three car garage feature facing
the street. In addition, there is a golf cart garage door on the opposite side of the structure (three car
garage).
The applicant believes there is adequate screening of the three car garage and wants/needs the parking
space. Please visit the site for a complete evaluation of this proposed feature. Also, if there is anything that
you observe that is either discouraged or prohibited I want to know of them.
Finally, the applicant wants to speak with you to express his view and opinion on the matter and I have agreed
to allow for that.
Thank you,
Please acknowledge receipt of this email train with the attachment of the drawings.
M
From: Bryan Isackson <bryanisackson@gmail.com>
Sent: Friday, August 19, 2016 2:55 PM
To: Bill Thrasher
Subject: Fwd: Changes in highlights
Hi Bill,
see attached as we discussed.
Thank you for all your help and time today.
Best regards,
Bryan
REAR VIEW .1.11
FRONT VIEW FACING STREET - ,-
EASTVIEW - 11
t
0 oIl000�
WESTVIEW
FIRST FLOOR PLPR _
r
fr
cy
8
x
SECOND FLOOR PIAN
.a
17,576 5Q. FT. = LOT SIZE
4,6755Q. FT. TOTAL STRUCTURE (2.6.6%)
Renee Basel
From: Marty Minor <MMinor@udkstudios.com>
Sent: Wednesday, August 31, 2016 4:31 PM
To: Bill Thrasher
Subject: RE: Changes in highlights
I believe you can provided islands of landscaping (i.e. tree, shrubs, etc.) surrounded by lawn and still maintain the open
front yard standard.
Marty R.A. Minor, AICP
urban MMinor@udkstudios.com
610 Clematis Street
s rooiosJ
Suite CU02
West Palm Beach, FL 33401
P.561.366.1100 x.148 [ F.561.366.1111
a..uvc„r f v %
From: Bill Thrasher [mailto:bthrasher@gulf-stream.org]
Sent: Wednesday, August 31, 2016 4:12 PM
To: Marty Minor <MMinor@udkstudios.com>
Cc: Rita Taylor <RTaylor@gulf-stream.org>
Subject: RE: Changes in highlights
Thanks Marty,
Did you consider the new ordinance involving "open front yard" when recommending additional planting in the circular
area at entrance. I am not sure that we can allow for that. Please review this section of the code and indicate if it is
possible to landscape as you recommended. It may work, neither Rita or myself are sure.
Thanks,
OF
From: Marty Minor [mailto:MMinor(@udkstudios.coml
Sent: Wednesday, August 31, 2016 3:59 PM
To: Bill Thrasher <bthrasher@gulf-stream.or¢>
Subject: RE: Changes in highlights
Bill,
Good afternoon.
As discussed, attached is my memorandum regarding 2500 Avenue Au Soleil. Please let me know if you have any
questions or comments regarding this memo.
Thank you and have a good day,
marty
Marty R.A. Minor, AICP
LjrbM MMinor@udkstudios.com
610 Clematis Street
itUDi03
Suite CU02
West Palm Beach, FL 33401
P.561.366.1100 x.148 I F.561.366.1111
o..wi.c.a f r %
From: Bill Thrasher [mailto:bthrasher@eulf-stream.orel
Sent: Saturday, August 20, 2016 7:29 AM
To: Marty Minor <MMinor@udkstudios.com>
Cc: bryanisackson@email.com
Subject: Fw: Changes in highlights
Good morning Marty,
Attached are some drawings that I would like you to review and provide your professional observation. I
believe that the proposed new garage becomes a dominant feature and has a three car garage feature facing
the street. In addition, there is a golf cart garage door on the opposite side of the structure (three car
garage).
The applicant believes there is adequate screening of the three car garage and wants/needs the parking
space. Please visit the site for a complete evaluation of this proposed feature. Also, if there is anything that
you observe that is either discouraged or prohibited I want to know of them.
Finally, the applicant wants to speak with you to express his view and opinion on the matter and I have agreed
to allow for that.
Thank you,
Please acknowledge receipt of this email train with the attachment of the drawings.
M
From: Bryan Isackson <bryanisackson@smail.com>
Sent: Friday, August 19, 2016 2:55 PM
To: Bill Thrasher
Subject: Fwd: Changes in highlights
Hi Bill,
see attached as we discussed.
Thank you for all your help and time today.
Best regards,
Bryan
MEMORANDUM
TO: William Thrasher
Town Manager
FROM: Marty R.A. Minor, AICP
DATE: August 31, 2016
RE: 2500 AVENUE AU SOLEIL
GARAGE DOORS FACING STREET VIEW
STUDIOS
Urban Planning and Design
Landscape Architecture
Communication Graphics
At your request, I have reviewed the provided plans and building elevations for the proposed
renovation and expansion of the existing single family home at 2500 Avenue Au Soleil within the
Place Au Soleil neighborhood. In addition, I conducted a site visit to the home.
Specifically, questions have been raised whether the proposed three -car garage and golf cart
garage were facing the street and whether the garages "dominate the front elevation,"- both
conditions which are prohibited by the Gulf Stream Design Manual. Both conditions are
discussed below:
Garages facing street
Section 78-105. Garages and accessory buildings. of the Gulf Stream Design Manual lists for the
following prohibited standard: "Three -car garages facing the street are prohibited in all districts
except Beachfront and Ocean West." This standard applies as the subject lot is located within
the Place Au Soleil zoning district.
The lot at 2500 Avenue Au Soleil is a pie -shaped lot of approximately 0.40 acres in size located
between Avenue Au Soleil and the southernmost canal within Place Au Soleil. The lot's frontage
along Avenue Au Soleil is more than twice the length as the lot's rear boundary with the canal.
This lot configuration affects the ultimate layout of the house and its relationship with the
adjacent street.
The proposed renovated home features an L-shaped building layout. As a result, the proposed
three -car garage has been placed at an approximately 45 degree angle to the Avenue Au Soleil
street frontage. The proposed golf cart garage is located approximately 40 degree angle to the
adjacent street frontage.
Several homes within Place Au Soleil feature three -car garages, which
are located at angles to the adjacent street frontage. The proposed
house on 2500 Avenue Au Soleil is consistent with these other homes
and is consistent with this code provision of not facing the street.
610 Clematis Street
Suite CU02
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.udkstudios.com
LCC000035
Garages dominate the front elevation
Section 78-105. Garages and accessory buildings. of the Gulf Stream Design Manual lists for the
following prohibited standard: "Garage doors that dominate the front elevation."
As discussed above, the proposed L-shaped building has created a front elevation of the building
which are placed at an angle to the street front. A review of the architectural plans indicate that
the proposed garage doors is approximately 34% of the total linear length of the home's
southern elevation. Based on these two factors, it can be determined that the garage doors do
not dominate the front elevation of proposed home.
Recommendation
Based on the review of the provided development plans, review of the Town's Code of
Ordinances and a site visit, I can recommend that the proposed home do not meet the
prohibited standards outlined above.
It is also recommended that sufficient landscaping be provided, particularly within the lot's
circular driveway island, to additionally buffer possible views of the proposed garage doors.
Renee Basel
From: Marty Minor <MMinor@udkstudios.com>
Sent: Monday, November 7, 2016 4:00 PM
To: Bill Thrasher
Cc: Rita Taylor
Subject: 2500 Avenue Au Soleil review - clarification
Attachments: 2500 Avenue Au Soleil memorandum 2 110716.pdf, 2500 Avenue Au Soleil
memorandum 083116.pdf
Bill,
At your request, I have provided a memorandum clarifying my landscaping recommendation for 2500 Avenue Au Soleil.
Please let me know if you have any questions or need any additional information.
Thank you,
marty
Marty R.A. Minor, AICP
Urtan MMinor@udkstudios.com
Q��/y��J� 610 Clematis Street
aruo—osJ
Suite CU02
West Palm Beach, FL 33401
P.561.366.1100 x.148 I F.561.366.1111
1
MEMORANDUM
TO: William Thrasher
Town Manager
FROM: Marty R.A. Minor, AICP
DATE: November 7, 2016
RE: 2500 AVENUE AU SOLEIL
- OPEN FRONT LAWN
STUDIOS
Urban Planning and Design
Landscape Architecture
Communication Graphics
At your request, I am providing this memorandum to further clarify my review and
recommendation regarding the proposed home at 2500 Avenue Au Soleil, as described in my
August 31, 2016 memorandum (attached).
In the referenced memorandum, I reviewed the proposed renovation and expansion of the
home and whether it triggered any prohibited standards from the Town's Design Manual. In the
memorandum's recommendation, I wrote, "It is also recommended that sufficient landscaping
be provided, particularly within the lot's circular driveway island, to additionally buffer possible
views of the proposed garage doors."
This recommendation is consistent with the "open front lawn" requirement for homes within
the Town's Place Au Soliel District. An open front lawn is defined in the Town's Code as "an
unobstructed view vista of the front lawn of at least 75 percent of the front property line
without landscape planting exceeding a mature height of three feet. The landscaped vista view
plantings over three feet shall be no more than 25 percent of the front property line."
As such, the recommended landscaping can effectively help screen the proposed garages while
adhering to the open front lawn standard. In order to meet this landscaping standard, a
maximum of 25% of the front property line may have landscaping more than three (3) feet in
height. This landscaping, if properly located, can assist in the screening of new garages.
Landscaping such as sod, groundcovers, small shrubs and other landscaping less than three feet
in height may be used throughout the lot frontage and still meet the open front lawn standard.
Should you have any questions regarding this memorandum, please feel free to contact me at
any time.
610 Clematis Street
Suite CU02
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.udkstudlos.com
LCC000035