HomeMy Public PortalAbout2520 Avenue Au Soleil - O'HareTOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
SCOTT MORGAN, Mayor
ROBERT W. GANGER, Vice -Mayor
JOAN K. ORTHWEIN
THOMAS M. STANLEY
DONNA S. WHITE
May 18, 2014
Christopher F. O'Hare
2520 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mr. O'Hare:
Telephone
(561)276.5116
I"
(561)737-0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
This is to confirm that at the Public Hearing held by the Gulf Stream
Board of Adjustment on May 9, 2014, your application for an Appeal of
the Final Action of the Planning and Building Administrator, that
being the denial of a Building Permit Revision Request to install
a "solar -sandwich" metal roof on your property at 2520 Avenue Au
Soleil, legally described as Lot 36, Place Au Soleil Subdivision was
considered. It is noted that on the application form the project
address is shown as 2516 Avenue Au Soleil but the Legal description
is shown as Lot 36, Place Au Soleil Subdivision which is located at
2520 Avenue Au Soleil. Inasmuch as the Building Permit Revision Form
shows the project location as 2520 Avenue Au Soleil also, we have
determined 2520 Avenue Au Soleil to be the correct address of this
proposed project.
Please be advised, that after full consideration of this matter, the
Board of Adjustment denied yourappeal, thereby sustaining the decision
of the Planning and Building Administrator.
Very truly yours,
2��i ,�
Rita L. Taylor
Town Clerk
cc: Louis Roeder, Esq.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
�% R E C E I V E D [
F E B n l , 2 0 1 4 n o x a , n t + c u
T o w n o f G u l f s t r e a m F b A d
E I T 4 O F D E L A R Y B I M E N I I I I
C I T Y O F D E L R A Y B E A C H
R E V I S I O N R E Q U E S T / n
D a t e : 2 - 5 _ ! y P e r m i t N u m b e r .
A d d r e s s W h e r e W o r k i s B e i n g D o n e ( t o i n c l u d e u n i t o r b a y n u m b e r ) :
7 _ S Z O / A - J O N L ] r ; A v S O L _ L ,
A P P L I C A N T N A M E : C N Q I 5 7 0 Q 1 4 - M O r H A { ' �� P h o n e : ( % h 3 5 0 - 7 5 i t
F a x : ( Z 7 ( " - 9 2 z t
C o n t a c t P e r s o n S i l i c a G C e l l P h o n e M ' ( , . ) s S f l - f 6 l m
A D D E D C O N S T R U C T I O N C O S T F O R T H I S C H A N G E - $ / z r o
E X P L A I N R E V I S I O N I l l I 1 5 0 L A t S A n l b w I C } I ' Q Q i F ' S X 5 1 r s v o " r F b i O y o l - 1 h C
r l L * k O N S T 7 W 1 ) A f , S � A n 9 W . I C L W O & 9 l S o L A r C T 3 E F 2 r n r ; l c . _
c o L a 4 7 1 R r r n w ) n / ' k v ) A !
' " �%I t i : . C t ��J i / t l i 0 g i l l i . . i 1
N O T E : T o a v o i d d e l a y , t h e r e v i s i o n n e e d s t o b e c l e a r o n t h e ( 2 ) d r a w i n g s s u b m i t t e d . T h e P l a n
R e v i e w e r s m a y n e e d t h e j o b s i t e p l a n s .
I u n d e r s t a n d a f e e i l b q c h a r g e d i n a c c o r d a n c e w i t h t h e C i t y o f D e l r a y B e a c h L D R 2 . 4 - 2 1 . T h e f e e f o r a r e v i s i o n
i s 5 7 5 . 0 0 f o r t h p p ����f i s h e a n d $ 1 . 0 0 f o r e a c h a d d i t i o n a l r e v i s e d s h e e t . F o r A D D E D C O N S T R U C T I O N C O S T , t h e
f e e w i l l b e b a s ��d l t h e B u l l P e r m i t F e e s .
S I G N E D :
R O U T I N G :
P A T H D E P T . A P P R O V E D B Y / D A T E :
O F F I C E U S E O N L Y
F E E S :
R E V I S I O N F E E
A D D E D V A L U E P E R M I T F E E :
O T H E R F E E S A S A P P L I C A B L E
P a r k s . S
P u b l i c B l d g s . S
S c h o o l s $
R o a d $
R a d o n $
D P R S
O t h e r S
P L A N R E N E W E R
D A T E . T O T A L F E E S D U E : $
R v s d 6 1 1 0
Solar Sandwich Roof System
Photo Voltaic (PV) Film panels adhered to standing seam steel roof
panels applied over a channeled network of solar thermal collection
tubing.
Typical Section showing Schedule of Materials:
PV Film on steel standing seam roof covering over solar thermal collector network.
Example of solar thermal collector network prior to application of standing seam steel roof panels.
PV Film adhered to standing seam steel roof panels.
2 Views of partially completed Solar Sandwich Roof System
Note:
• Exposed standing seem steel roof panels can be supplied by manufacturer In any color required by Town
Code.
• PV Film panels are only available in dark blue.
• Owner's preference Is for steel panels to match the color of PV Film panels as closely as possible to
produce a unified appearance.
• System only functions when all elements are present. PV Film can ONLY be applied to a standing seam
metal roof substrate.
From: Freda Defosse <fdefosse(rDgulf-stream.orq>
Date: Fri, Feb 14, 2014 at 10:56 AM
Subject: RE: vertical axis wind turbine application
To: Chris O'Hare<chdsoharegulfstream(rDgmail.com>
Dear Mr. O'Hare.
Your application for a permit for a solar sandwich roof system to be installed at 2520 Avenue Au
Soleil, submitted on February 5, 2014, has been denied because the Town's Code of
Ordinances expressly prohibits metal roofs within the Town within Section 70-99 (3) and Section
70-187. As such, metal roofs are not permitted under the Town's Code.
Freda DeFosse
Administrative Assistant
Town of Gulf Stream
TOWN OF GULF STREAM EMAIL DISCLAIMER:
PLEASE NOTE: Florida has a very broad public records law. Most written
communication to or from local officials regarding town business is considered public
records and available to the public and media upon request. Your email communications
may therefore be subject to public disclosure.
163.04 Energy devices based on renewable resources.—
(1) Notwithstanding any provision of this chapter or other provision of general or special
law, the adoption of an ordinance by a governing body, as those terms are defined
in this chapter, which prohibits or has the effect of prohibiting the installation of
solar collectors, clotheslines. or other energy devices based on renewable
resources is expressly prohibited.
(2) A deed restriction, covenant, declaration, or similar binding agreement may not
prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy
devices based on renewable resources from being installed on buildings erected on the lots
or parcels covered by the deed restriction, covenant, declaration, or binding agreement. A
property owner may not be denied permission to install solar collectors or other energy
devices by any entity granted the power or right in any deed restriction, covenant,
declaration, or similar binding agreement to approve, forbid, control, or direct alteration of
property with respect to residential dwellings and within the boundaries of a condominium
unit. Such entity may determine the specific location where solar collectors may be installed
on the roof within an orientation to the south or within 450 east or west of due south if such
determination does not impair the effective operation of the solar collectors.
(3) In any litigation arising under the provisions of this section, the prevailing party shall
be entitled to costs and reasonable attorney's fees.
(4) The legislative intent in enacting these provisions is to protect the public health, safety,
and welfare by encouraging the development and use of renewable resources in order to
conserve and protect the value of land, buildings, and resources by preventing the adoption
of measures which will have the ultimate effect, however unintended, of driving the costs of
owning and operating commercial or residential property beyond the capacity of private
owners to maintain. This section shall not apply to patio railings in condominiums,
cooperatives, or apartments.
Page 1 of 12
History.—s. 8, ch. 80-163; s. 1, ch. 92-89; s. 14, ch. 93-249; s. 1, ch. 2008-191; s. 3, ch.
2008-227.
163.08 Supplemental authority for improvements to real property.—
(1)(a) In chapter 2008-227, Laws of Florida, the Legislature amended the energy goal of
the state comprehensive plan to provide, in part, that the state shall reduce its energy
requirements through enhanced conservation and efficiency measures in all end-use sectors
and reduce atmospheric carbon dioxide by promoting an increased use of renewable energy
resources. That act also declared it the public policy of the state to play a leading role in
developing and instituting energy management programs that promote energy
conservation, energy security, and the reduction of greenhouse gases. In addition to
establishing policies to promote the use of renewable energy, the Legislature provided for a
schedule of increases in energy performance of buildings subject to the Florida Energy
Efficiency Code for Building Construction. In chapter 2008-191, Laws of Florida, the
Legislature adopted new energy conservation and greenhouse gas reduction comprehensive
planning requirements for local governments. In the 2008 general election, the voters of
this state approved a constitutional amendment authorizing the Legislature, by general law,
to prohibit consideration of any change or improvement made for the purpose of improving
a property's resistance to wind damage or the installation of a renewable energy source
device in the determination of the assessed value of residential real property.
(b) The Legislature finds that all energy -consuming -improved properties that are not using
energy conservation strategies contribute to the burden affecting all improved property
resulting from fossil fuel energy production. Improved property that has been retrofitted
with energy-related qualifying improvements receives the special benefit of alleviating the
property's burden from energy consumption. All improved properties not protected from
wind damage by wind resistance qualifying improvements contribute to the burden affecting
all improved property resulting from potential wind damage. Improved property that has
been retrofitted with wind resistance qualifying improvements receives the special benefit of
Page 2 of 12
reducing the property's burden from potential wind damage. Further, the installation and
operation of qualifying improvements not only benefit the affected properties for which the
improvements are made, but also assist in fulfilling the goals of the state's energy and
hurricane mitigation policies. In order to make qualifying improvements more affordable
and assist property owners who wish to undertake such improvements, the Legislature finds
that there is a compelling state interest in enabling property owners to voluntarily finance
such improvements with local government assistance.
(c) The Legislature determines that the actions authorized under this section, including,
but not limited to, the financing of qualifying improvements through the execution of
financing agreements and the related imposition of voluntary assessments are reasonable
and necessary to serve and achieve a compelling state interest and are necessary for the
prosperity and welfare of the state and its property owners and inhabitants.
(2) As used in this section, the term:
(a) "Local government" means a county, a municipality, a dependent special district as
defined in s. 189.403, or a separate legal entity created pursuant to s. 163.01(7).
(b) "Qualifying improvement" includes any:
1. Energy conservation and efficiency improvement, which is a measure to reduce
consumption through conservation or a more efficient use of electricity, natural gas,
propane, or other forms of energy on the property, including, but not limited to, air sealing;
installation of insulation; installation of energy-efficient heating, cooling, or ventilation
systems; building modifications to increase the use of daylight; replacement of windows;
installation of energy controls or energy recovery systems; installation of electric vehicle
charging equipment; and installation of efficient lighting equipment.
2. Renewable energy improvement, which is the installation of any system in which the
electrical, mechanical, or thermal energy is produced from a method that uses one or more
of the following fuels or energy sources: hydrogen, solar energy, geothermal energy,
bioenergy, and wind energy.
Page 3 of 12
3. Wind resistance improvement, which includes, but is not limited to:
a. Improving the strength of the roof deck attachment;
b. Creating a secondary water barrier to prevent water intrusion;
c. Installing wind -resistant shingles;
d. Installing gable -end bracing;
e. Reinforcing roof -to -wall connections;
f. Installing storm shutters; or
g. Installing opening protections.
(3) A local government may levy non -ad valorem assessments to fund qualifying
improvements.
(4) Subject to local government ordinance or resolution, a property owner may apply to
the local government for funding to finance a qualifying improvement and enter into a
financing agreement with the local government. Costs incurred by the local government for
such purpose may be collected as a non -ad valorem assessment. A non -ad valorem
assessment shall be collected pursuant to s. 197.3632 and, notwithstanding s.
197.3632(8)(a), shall not be subject to discount for early payment. However, the notice and
adoption requirements of s. 197.3632(4) do not apply if this section is used and complied
with, and the intent resolution, publication of notice, and mailed notices to the property
appraiser, tax collector, and Department of Revenue required by s. 197.3632(3)(a) may be
provided on or before August 15 in conjunction with any non -ad valorem assessment
authorized by this section, if the property appraiser, tax collector, and local government
agree.
(5) Pursuant to this section or as otherwise provided by law or pursuant to a local
government's home rule power, a local government may enter into a partnership with one
or more local governments for the purpose of providing and financing qualifying
improvements.
Page 4 of 12
(6) A qualifying improvement program may be administered by a for-profit entity or a not-
for-profit organization on behalf of and at the discretion of the local government.
(7) A local government may incur debt for the purpose of providing such improvements,
payable from revenues received from the improved property, or any other available revenue
source authorized by law.
(8) A local government may enter into a financing agreement only with the record owner
of the affected property. Any financing agreement entered into pursuant to this section or a
summary memorandum of such agreement shall be recorded in the public records of the
county within which the property is located by the sponsoring unit of local government
within 5 days after execution of the agreement. The recorded agreement shall provide
constructive notice that the assessment to be levied on the property constitutes a lien of
equal dignity to county taxes and assessments from the date of recordation.
(9) Before entering into a financing agreement, the local government shall reasonably
determine that all property taxes and any other assessments levied on the same bill as
property taxes are paid and have not been delinquent for the preceding 3 years or the
property owner's period of ownership, whichever is less; that there are no involuntary liens,
including, but not limited to, construction liens on the property; that no notices of default or
other evidence of property -based debt delinquency have been recorded during the
preceding 3 years or the property owner's period of ownership, whichever is less; and that
the property owner is current on all mortgage debt on the property.
(10) A qualifying improvement shall be affixed to a building or facility that is part of the
property and shall constitute an improvement to the building or facility or a fixture attached
to the building or facility. An agreement between a local government and a qualifying
property owner may not cover wind -resistance improvements in buildings or facilities under
new construction or construction for which a certificate of occupancy or similar evidence of
substantial completion of new construction or improvement has not been issued.
Page 5 of 12
(11) Any work requiring a license under any applicable law to make a qualifying
improvement shall be performed by a contractor properly certified or registered pursuant to
part I or part II of chapter 489.
(12)(a) Without the consent of the holders or loan servicers of any mortgage encumbering
or otherwise secured by the property, the total amount of any non -ad valorem assessment
for a property under this section may not exceed 20 percent of the just value of the
property as determined by the county property appraiser.
(b) Notwithstanding paragraph (a), a non -ad valorem assessment for a qualifying
improvement defined in subparagraph (2)(b)1. or subparagraph (2)(b)2. that is supported
by an energy audit is not subject to the limits in this subsection if the audit demonstrates
that the annual energy savings from the qualified improvement equals or exceeds the
annual repayment amount of the non -ad valorem assessment.
(13) At least 30 days before entering into a financing agreement, the property owner shall
provide to the holders or loan servicers of any existing mortgages encumbering or otherwise
secured by the property a notice of the owner's intent to enter into a financing agreement
together with the maximum principal amount to be financed and the maximum annual
assessment necessary to repay that amount. A verified copy or other proof of such notice
shall be provided to the local government. A provision in any agreement between a
mortgagee or other lienholder and a property owner, or otherwise now or hereafter binding
upon a property owner, which allows for acceleration of payment of the mortgage, note, or
lien or other unilateral modification solely as a result of entering into a financing agreement
as provided for in this section is not enforceable. This subsection does not limit the authority
of the holder or loan servicer to increase the required monthly escrow by an amount
necessary to annually pay the qualifying improvement assessment.
(14) At or before the time a purchaser executes a contract for the sale and purchase of
any property for which a non -ad valorem assessment has been levied under this section and
has an unpaid balance due, the seller shall give the prospective purchaser a written
Page 6 of 12
disclosure statement in the following form, which shall be set forth in the contract or in a
separate writing:
QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, RENEWABLE ENERGY, OR WIND RESISTANCE.—The
property being purchased is located within the jurisdiction of a local government that has placed an
assessment on the property pursuant to s. 163.08, Florida Statutes. The assessment is for a qualifying
improvement to the property relating to energy efficiency, renewable energy, or wind resistance, and
is not based on the value of property. You are encouraged to contact the county property appraiser's
office to learn more about this and other assessments that may be provided by law.
(15) A provision in any agreement between a local government and a public or private
power or energy provider or other utility provider is not enforceable to limit or prohibit any
local government from exercising its authority under this section.
(16) This section is additional and supplemental to county and municipal home rule
authority and not in derogation of such authority or a limitation upon such authority.
History.—s. 1, ch. 2010-139; s. 1, ch. 2012-117.
3193.624 Assessment of residential property.—
(1) As used in this section, the term "renewable energy source device" means any of the
following equipment that collects, transmits, stores, or uses solar energy, wind energy, or
energy derived from geothermal deposits:
(a) Solar energy collectors, photovoltaic modules, and inverters.
(b) Storage tanks and other storage systems, excluding swimming pools used as storage
tanks.
(c) Rockbeds.
(d) Thermostats and other control devices.
(e) Heat exchange devices.
(f) Pumps and fans.
Page 7 of 12
(g) Roof ponds.
(h) Freestanding thermal containers.
(i) Pipes, ducts, refrigerant handling systems, and other equipment used to interconnect
such systems; however, such equipment does not include conventional backup systems of
any type.
(j) Windmills and wind turbines.
(k) Wind -driven generators.
(1) Power conditioning and storage devices that use wind energy to generate electricity or
mechanical forms of energy.
(m) Pipes and other equipment used to transmit hot geothermal water to a dwelling or
structure from a geothermal deposit.
(2) In determining the assessed value of real property used for residential purposes, an
increase in the just value of the property attributable to the installation of a renewable
energy source device may not be considered.
(3) This section applies to the installation of a renewable energy source device installed on
or after January 1, 2013, to new and existing residential real property.
History.—s. 1, ch. 2013-77.
'Note.—Section 8, ch. 2013-77, provides that "[t]his act shall take effect July 1, 2013, and
applies to assessments beginning January 1, 2014."
366.91 Renewable energy.—
(1) The Legislature finds that it is in the public interest to promote the development of
renewable energy resources in this state. Renewable energy resources have the potential to
help diversify fuel types to meet Florida's growing dependency on natural gas for electric
production, minimize the volatility of fuel costs, encourage investment within the state,
improve environmental conditions, and make Florida a leader in new and innovative
technologies.
(2) As used in this section, the term:
Page 8 of 12
(a) "Biomass" means a power source that is comprised of, but not limited to, combustible
residues or gases from forest products manufacturing, waste, byproducts, or products from
agricultural and orchard crops, waste or coproducts from livestock and poultry operations,
waste or byproducts from food processing, urban wood waste, municipal solid waste,
municipal liquid waste treatment operations, and landfill gas.
(b) "Customer -owned renewable generation" means an electric generating system located
on a customer's premises that is primarily intended to offset part or all of the customer's
electricity requirements with renewable energy.
(c) "Net metering" means a metering and billing methodology whereby customer -owned
renewable generation is allowed to offset the customer's electricity consumption on site.
(d) "Renewable energy" means electrical energy produced from a method that uses one or
more of the following fuels or energy sources: hydrogen produced from sources other than
fossil fuels, biomass, solar energy, geothermal energy, wind energy, ocean energy, and
hydroelectric power. The term includes the alternative energy resource, waste heat, from
sulfuric acid manufacturing operations and electrical energy produced using pipeline -quality
synthetic gas produced from waste petroleum coke with carbon capture and sequestration.
(3) On or before January 1, 2006, each public utility must continuously offer a purchase
contract to producers of renewable energy. The commission shall establish requirements
relating to the purchase of capacity and energy by public utilities from renewable energy
producers and may adopt rules to administer this section. The contract shall contain
payment provisions for energy and capacity which are based upon the utility's full avoided
costs, as defined in s. 366.051; however, capacity payments are not required if, due to the
operational characteristics of the renewable energy generator or the anticipated peak and
off-peak availability and capacity factor of the utility's avoided unit, the producer is unlikely
to provide any capacity value to the utility or the electric grid during the contract term. Each
contract must provide a contract term of at least 10 years. Prudent and reasonable costs
associated with a renewable energy contract shall be recovered from the ratepayers of the
Page 9 of 12
contracting utility, without differentiation among customer classes, through the appropriate
cost -recovery clause mechanism administered by the commission.
(4) On or before January 1, 2006, each municipal electric utility and rural electric
cooperative whose annual sales, as of July 1, 1993, to retail customers were greater than
2,000 gigawatt hours must continuously offer a purchase contract to producers of renewable
energy containing payment provisions for energy and capacity which are based upon the
utility's or cooperative's full avoided costs, as determined by the governing body of the
municipal utility or cooperative; however, capacity payments are not required if, due to the
operational characteristics of the renewable energy generator or the anticipated peak and
off-peak availability and capacity factor of the utility's avoided unit, the producer is unlikely
to provide any capacity value to the utility or the electric grid during the contract term. Each
contract must provide a contract term of at least 10 years.
(5) On or before January 1, 2009, each public utility shall develop a standardized
interconnection agreement and net metering program for customer -owned renewable
generation. The commission shall establish requirements relating to the expedited
interconnection and net metering of customer -owned renewable generation by public
utilities and may adopt rules to administer this section.
(6) On or before July 1, 2009, each municipal electric utility and each rural electric
cooperative that sells electricity at retail shall develop a standardized interconnection
agreement and net metering program for customer -owned renewable generation. Each
governing authority shall establish requirements relating to the expedited interconnection
and net metering of customer -owned generation. By April 1 of each year, each municipal
electric utility and rural electric cooperative utility serving retail customers shall file a report
with the commission detailing customer participation in the interconnection and net
metering program, including, but not limited to, the number and total capacity of
interconnected generating systems and the total energy net metered in the previous year.
Page 10 of 12
(7) Under the provisions of subsections (5) and (6), when a utility purchases power
generated from biogas produced by the anaerobic digestion of agricultural waste, including
food waste or other agricultural byproducts, net metering shall be available at a single
metering point or as a part of conjunctive billing of multiple points for a customer at a single
location, so long as the provision of such service and its associated charges, terms, and
other conditions are not reasonably projected to result in higher cost electric service to the
utility's general body of ratepayers or adversely affect the adequacy or reliability of electric
service to all customers, as determined by the commission for public utilities, or as
determined by the governing authority of the municipal electric utility or rural electric
cooperative that serves at retail.
(8) A contracting producer of renewable energy must pay the actual costs of its
interconnection with the transmission grid or distribution system.
History.—s. 1, ch. 2005-259; s. 41, ch. 2008-227; s. 16, ch. 2010-139.
377.803 Definitions.—As used in ss. 377.801-377.807, the term:
(1) "Act" means the Florida Energy and Climate Protection Act.
(2) "Department" means the Department of Agriculture and Consumer Services.
(3) "Person" means an individual, partnership, joint venture, private or public corporation,
association, firm, public service company, or any other public or private entity.
(4) "Renewable energy" means electrical, mechanical, or thermal energy produced from a
method that uses one or more of the following fuels or energy sources: hydrogen, biomass,
as defined in s. 366.91, solar energy, geothermal energy, wind energy, ocean energy, waste
heat, or hydroelectric power.
(5) "Renewable energy technology" means any technology that generates or utilizes a
renewable energy resource.
(6) "Solar energy system" means equipment that provides for the collection and use of
incident solar energy for water heating, space heating or cooling, or other applications that
would normally require a conventional source of energy such as petroleum products, natural
Page 11 of 12
gas, or electricity that performs primarily with solar energy. In other systems in which solar
energy is used in a supplemental way, only those components that collect and transfer solar
energy shall be included in this definition.
(7) "Solar photovoltaic system" means a device that converts incident sunlight into
electrical current.
(8) "Solar thermal system" means a device that traps heat from incident sunlight in order
to heat water.
History.—s. 4, ch. 2006-230; s. 59, ch. 2008-227; s. 516, ch. 2011-142.
Page 12 of 12
MEMORANDUM
TO: William Thrasher
Town Manager
FROM: Marty R.A. Minor, AICP
DATE: March 31, 2014
ki id"'
STUDIO
Urban Planning and Design
Landscape Architecture
Communication Graphics
RE: 2520 AVENUE AU SOLEIL-SOLAR SANDWICH ROOF SYSTEM APPEAL
Preface
You have forwarded to me the Application for the Appeal of Final Action by the Planning &
Building Administrator (Appeal). The Appeal is of the Town's denial of a permit for a
standing seam metal roof for the property located at 2520 Avenue Au Soleil. The Appeal
was submitted by Chris O'Hare on February 5, 2014.
Background
The application which is the subject of the Appeal was submitted to me to evaluate whether
it complied with the Town's Code of Ordinances (Code). On February 14, 1 authored a
memorandum to you wherein I recommended that the application for metal roof be denied.
Mr. O'Hare's application proposed a metal standing seam roof which incorporates a solar
thermal energy -collection system. This system incorporates a dark blue photo voltaic film
applied to a standing seam metal roof. The standing seam metal roof has affixed to it a
solar thermal collector network which consists of thermal purlins and tubing which is used
to generate power for the home. This system is commonly referred to as a "solar
sandwich."
Analysis
Mr. O'Hare's property is a 0.44 acre lot with a residential home is located within the Place
Au Soleil neighborhood. The lot has a SF (Single Family) Future Land Use designation and
RS -P (Residential Single Family -Place Au Soleil) zoning designation assigned to it. The basis
for the denial of the proposed standing seam metal roof with the incorporated solar
thermal energy -collection system is that Section 70-99 of the Code expressly prohibits
"Metal roofs (except unpainted copper when used as a decorative accent or on minor
accessory structures). Section 70-187. Table of district standards. prohibits metal roofs,
unless an engineer can certified that the existing roof will not support a
tile roof.
477 S. Rosemary Avenue
Suite 225 - The Lofts at CityPlace
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.UDKstudlos.com
LCC35
K JOBS\Gulf Stream -94-012\2520 Avenue Au Soleil\2520 Avenue Au Soleil Solar Sandwch Appeal Staff
Report.doc
Mr. William Thrasher February 14, 2014
2520 Avenue Au Soleil Solar Sandwich Roof System Page 2
The proposed roof system is manufactured by the Englert, Inc., a New Jersey metal roofing
company. An Englert representative has informed the Town that "solar sandwich" roof
system is not a certified roofing system under the Florida Building Code. The applicant will
need to provide evidence that the proposed roofing system is compliant with the Florida
Building Code prior to any consideration for the subject permit application.
Florida Building Code
The roof system which Mr. O'Hare proposed is manufactured by Englert, Inc., a New Jersey
metal roofing company. According to David Handler, who is an architectural representative
for Englert, Inc., the roof system is currently not permitted in Florida because this product
has not been approved for use pursuant to the Florida Building Code.
Conclusion
The roof system proposed by Mr. O'Hare, which relies upon a standing seam metal roof is
neither consistent with the Town Code, nor the Florida building Code. Sections 70-99(3)
and 70-187 of the Town Code expressly prohibit standing seam metal roofs. Therefore, the
plans for the proposed roof system could not have been approved by the Planning and
Building Administrator. Moreover, had the plans been approved the Building Official could
not have issued a building permit for it because it is not currently a permitted building
product pursuant to the Florida Building Code.
Tom,
Happy Opening Day to you, too. I have received the memo and have review it. It looks great. In
response to your question. The table I am referencing in within Section 70-187 of the Town Code.
Bill,
Attached for your use is the appeal memorandum in Word and PDF formats.
Please let me know if you need anything else.
Thank you,
marty
Marty R.A. Minor, AICP
Urban Design Kilday Studios
The Offices at City Place North
477 South Rosemary Avenue, Suite 225
West Palm Beach, Florida 33401-5758
561-366-1100
<image002.jpg>
From: Baird, Thomas 1.[mailto:TBairdCa)ionesfoster.coml
Sent: Monday, March 31, 2014 11:24 AM
To: Marty Minor
Cc: Bill Thrasher (bthrasherClaoulf-stream.ora)
Subject: solar sandwich memo
Welcome back, and to opening day. Please confirm you received my proposed staff report for
Gulf Stream. After you have reviewed it let me know whether it is sufficient and you can
transmit it to Bill Thrasher. Thanks.
<image003.jpg>
Thomas J. Baird Florida Bar Board Certified City, County and Local Government Attorney
Direct Dial: 561.650.8232 1 Fax: 561.746.6933 1 tbairdQajonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
801 IvEiplewood Drive, Suite 222-A, Jupiter, Florida 33458
561-659-3000 1 www.jonesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are
not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue
Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may
be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any
review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete
the original message.
<2520 Avenue Au Soleil Solar Sandwich Appeal Staff Report.pdf>
<2520 Avenue Au Soleil Solar Sandwich Appeal Staff Report.doc>
Rita Taylor
From:
Rita Taylor
Sent:
Friday, April 04, 2014 7:31 AM
To:
'Lou Roeder'
Cc:
Chris O'Hare
Subject:
RE: Hearing on an Appeal to the Board of Adjustment
Counselor:
At your request of April 3, 2014, the hearing of the Appeal filed by Mr. O'Hare that was scheduled to be heard on April
11, 2014 at 9 A.M. has been re -scheduled and will be heard on Friday, May 9, 2014 at 9 A.M., by the Town Commission,
sitting as the Board of Adjustment.
Rita Taylor
From: lou.roeder@gmail.com [mailto:lou.roeder@gmail.com] On Behalf Of Lou Roeder
Sent: Thursday, April 03, 2014 11:42 AM
To: Rita Taylor
Cc: Chris O'Hare
Subject: Hearing on an Appeal to the Board of Adjustment
Rita,
I just called the Town this morning to see what the status was on scheduling our 3/12/14 Appeal to Mr.
Thrasher's denial of O'Hare's proposed "solar -sandwich" metal roof, when I was informed by Kelly that the
hearing had been tentatively scheduled for the upcoming 4/11/14 Commission Meeting, Friday next week.
Due to the extremely short notice and a scheduling conflict due to a Court hearing on the same morning, I
respectfully ask that the Appeal Hearing be postponed to the next regularly scheduled Commission Meeting.
I don't know the Town's policy on notice, but could you please confirm a rescheduled hearing date as soon as
possible?
Thank you.
Louis Roeder
ATTORNEYATLAW
7414 Sparkling Lake Road
Orlando, FL 32819
cell: 407-758-4194
CONFIDENTIALITYNOTEt This email message and any attachments may contain confidential, privileged and non -disclosable
information. The information is intended only for the use ofthe individual or entity named on this email. Ifyou are not the intended
recipient, you are hereby notified that any disclosure, copying, distribution, or the taking ofany action in reliance on the contents of
this email information, is strictly prohibited and that the documents should be returned to the sender immediately. Ifyou have received
this email in error or by accidental transmission, please notify the sender by return email immediately, delete all electronic copies of
this email and all attachments and destroy all hard copies. Thank you.
Rita Taylor
From:
Bill Thrasher
Sent:
Tuesday, April 01, 2014 1:32 PM
To:
Rita Taylor
Subject:
FW: solar sandwich memo
Attachments:
2520 Avenue Au Soleil Solar Sandwich Appeal Staff Report.pdf; 2520 Avenue Au Soleil Solar
Sandwich Appeal Staff Report.doc
For administrative challenge.
From: Marty Minor [mailto:MMinor@udkstudios.com]
Sent: Monday, March 31, 2014 2:34 PM
To: Bill Thrasher; Baird, Thomas J.
Subject: RE: solar sandwich memo
Bill,
Here are the attachments.
Thank you,marty
Marty R.A. Minor, AICP
Urban Design Kilday Studios
The Offices at City Place North
477 South Rosemary Avenue, Suite 225
West Palm Beach, Florida 33401-5758
561-366-1100
urban
design
ki I
STUDIOS
The Offices of CityPlace North
477 S. Rosemary Avenue, Suite 225
West Palm Beach, Florida 33401
ph. (561) 366.1100
L (561) 366.1 1 1 1
www.udkstudios.com
Urban Planning and Design [ Landscape Architecture [ Communication Graphics
From: Bill Thrasher [mailto:bthrasher(�)oulf-stream.oral
Sent: Monday, March 31, 2014 2:08 PM
To: Baird, Thomas J.; Marty Minor
Subject: RE: solar sandwich memo
I can't find an attachment from Marty.
From: Baird, Thomas J. [mailto:TBairdPionesfoster.coml
Sent: Monday, March 31, 2014 2:00 PM
To: Marty Minor
Cc: Baird, Thomas J.; Bill Thrasher
Subject: Re: solar sandwich memo
Thanks.
Sent from my iPhone
On Mar 31, 2014, at 1:51 PM, "Marty Minor" <MMinor(@udkstudios.com> wrote:
® RECEIVED I
MAR 13 2014
Town of Gulfstream, FL
APPLICATION FOR APPEAL OF FINAL ACTION OF PLANNING
& BUILDING ADMINISTRATOR
Date of Application
Project Information
Owner Name:
Owner Signatui
3/12/14
7:-,'/e -0 Y- %A
Fee: $400.00
Project Address: 2516 Avenue Au Soleil, Gulf Stream, FL
Project Property Legal Description: Lot 36, Place Au Soleil, PBC, FL
Project Description as Requested (describe in detail) Revision request to
Permit No. 11-136068 to install a "solar -sandwich" metal roof (as
ALLOWED under Sections 163.04 FS, 163.08 FS & 193.624 FS,
especially 163.04(1) - see copy of original permit application and
relevant regulations attached).
H. Final Action of Planning & Building Administrator Feb 14, 2014 denial of
our Feb 5, 2014 request to install a "solar -sandwich" metal roof (see
attached e-mail from Freda Defosse, Town of Gulf Stream, & a copy of
our original permit application)
III. Reason for Appeal Building Administrator's denial is contrary to Florida
Statutes 163.04, in that a solar -sandwich metal roof is "an energy de-
vice based on renewable resources," and should be approved.
IV. Standards to be Addressed by Applicant:
(1) Acted in a manner inconsistent with the provisions of this Code or other
applicable local, state or federal law;
Building Administrators denial is contrary to Sections 163.04 FS,
163.08 FS & 193.624 FS (copies attached).
(2) Made erroneous Findings of fact based on the evidence and testimony
placed before the final review authority at a public hearing;
N/A
(3) Failed to fully consider mitigating measures or revisions offered by the
applicant that would have brought the proposed project into compliance
with the applicable regulations.
Failure to consider Section 163.04, FS (see copy of relevant regu-
lations attached).
V. Please attach color swatch, pictures or plans showing the proposed
improvement.
See permit application attached.
Official Use Only
Public Hearing Date: May 9, 2014
Action: Appeal .-,_-. by Board nf Adinstment, fherphg
sustaining the decision of the Planning t Bldg. Administrator.
12/18/02
Exp•CoShdkp•Fom>.s