HomeMy Public PortalAboutPRR 15-1870TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
August 28, 2015
freddy famsworth [mail to: frederick.freddy.famsworth@gmail.com]
Re: GS #1870 (UDKS/jonesfoster email 2014 GS)
Any email between anyone at Urban Design Kilday Studios and anyone at Jones - Foster law
firm for the Town of Gulf Stream in 2014.
Dear freddy famsworth [mail to: frederick.freddv.famsworthAginail coml,
The Town of Gulf Stream received your original public records request from Urban Kilday Design
on June 22, 2014. You should be able to view your original request at the following link
h!W://www2.Rulf-stream.org/weblink/O/doc/56239/Pagel.aspx. In future correspondence, please
refer to this public records request by the above referenced numbers.
The records that Urban Kilday Design submitted as responsive records can be found at the same
above link.
We consider this matter closed.
Sincerely,
Town Clerk, Custodian of the Records
Kelly Ave
From: Kerry Kilday <Kilday@udkstudios.com>
Sent: Monday, June 23, 2014 8:45 AM
To: Ken Tuma
Subject: FW: PUBLIC RECORDS REQUEST -UDKS/Jonesfosler email 2014 GS - Character set not
allowed
From: freddy farnsworth[frededck.freddy.farnsworth@gmall.com]
Sent: Sunday, June 22, 2014 9:25 PM
To: Anne Booth
Cc: Ken Tuma
Subject: PUBLIC RECORDS REQUEST -UDKS/jonesfoster email 2014 GS - Character set not allowed
This email is a Public Record Request of public records in the possession of Urban Design Kilday Studios. If you are not
the Custodian of Records for this entity, please forward this email to the Custodian of Records for Urban Design Kilday
Studios, 477 S. Rosemary Avenue Suite 225, West Palm Beach, Florida 33401
Dear Custodian of Records for Urban Design Kilday Studios,
This is a PUBLIC RECORDS REQUEST pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119,07 of
the Florida Statutes. I wish to make a public records request of your agency for the following records:
Any email between anyone at Urban Design Kilday Studios and anyone at Jones - Foster law fine for the Town of Gulf
Stream In 2014.
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)(0 of the Florida Statutes.
Please take note of §119.07(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 your 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 in possession of records that may be
responsive to this public records request to preserve all such records on an Immediate basis.
If any records are readily available, please produce those records first without waiting for all responsive records to be
available. Produce the less readily available records as soon as they are available.
If the public records being sought are maintained by 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)(0, Florida Statutes.
If you anticipate the production of any of these public records to exceed $1.00 please notify me in advance of their
production 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. If any records may be produced
for less than $1.00, please produce those records first while waiting to obtain authorization from me to produce more
costly records. Do not incur any costs that you expect me to pay which are greater than $1.00 until first obtaining my
authorization to do so.
All responses to this public records request should be made in writing to the following email address:
frederick freddv farnsworth(alamail com
Kelly Avery
From: Randolph, John C. <JRandolph@jonesfosler.com>
Sent: Monday, January 06, 2014 2:01 PM
To: Marty Minor
Subject: RE: Gulf Stream permit review
Attachments: SDOC2146.pdf
ATTORNEY CLIENT PRIVILEGE— SEE ATTACHED.
JONMOSTER
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John C. Randolph Attomct
Direct Dial: 561.650.0450 j I av 561.650.5300 1 jmndnlpltnnlnnesfosteeeom
Junes, 1,nster. lohnstuu & Stubb , P.:\.
Flaelcr Center "lord or, 505 South I laglcr Drice, Suite 11011- \1 e t palm Ilcach, Florida 31401
56l-6559-300) I wwwjoncsfosteccom
L-.S,'1'reasun' Regulation Circular 210 requires us to add isc lou that dcritten communications issued be us are not intended to
be and cannot lie relied upon to acuid penalties that mac be impuscd by the Intemal Rec dnue Sen iee
htcomim, entaile are filtered which mar delay receipt. 'This email is personal to the named recipknt!s) and m:tc be pricileg,ed
and confidential. If cou are not the intended recipient, you receiccd this in error. If so, auc ter iec�, chsseminatiun, ur copy ine
of this email is prohibited. please immediateh nutifr us be envail and delete the original message.
From: Marty Minor [mallto:MMinor@udkstudios.com]
Sent: Monday, January 06, 2014 12:00 PM
To: Randolph, John C.
Subject: Gulf Stream permit review
Skip,
Happy New Year and I hope you had a good holiday break.
I've been reviewing the permit application for the power -generating windmill at 2520 Avenue Au Soleil. After reviewing
the code, I don't believe this use is allowed.
Within the Place Au Soleil zoning district, only single family homes are permitted. In order to be permitted, the windmill
would have to be considered as an accessary use.
In Section 66-1 of the Town Code, accessory use is defined as:
Accessory building, structure or use shall mean a building, structure or use on the same lot with, and of a nature
customarily incidental and subordinate to, the principal building, structure or use.
1 don't believe that a windmill would qualify as an accessory structure or use as it is not "customarily" or traditionally
used with a single family home in the Town. Also, windmill are not considered within the Accessory Uses/Structures
discussed in Section 66-366 to 66-370 of the Town Code. I am not aware of existing windmills in the Town. I also had
the opportunity to check with Palm Beach County to see if they had any regulations regarding personal windmills. The
County doesn't have any regulations for windmills as an accessory use — largely because they haven't had request for
personal windmills. The County only has regulations regarding the large (100 ft.+) windmills as a primary use.
I believe the homeowner will need to request an amendment to the Town Code to allow for a windmill on his
property. In considering a text amendment, the Town will need to look at the impacts of height, noise, aesthetics,
wildlife and appropriateness for a single family neighborhood. For example, the manufacturer information submitted
with the permit application recommends that the windmill be located 250 feet away from obstacles, including trees and
houses. The homeowner is proposing to place the windmill 25 feet from the property line and about 35 feet from his
house.
Let me know what you think. If you don't have any concerns with the above position, I will draft a memo regarding the
permit for the Town.
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
urtxm The Offices at CityPloce North ph. 15611 366.1100
�.6�. 477 S. Rosemary Avenue, Suite 225 1. 15611 366.1111
C.7Q�gn West Palm Beach. Florida 33401 vnvvr.udkstudios.com
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S T U D I O Sd Urban Planning and Design I Landscape Architecture I Communication Graphics
JONES FOSTER
]OHNS70N&STUDDS, P.A.
Memo
To:
John C. Randolph
From:
Kelly A. Gardner
Date:
January 3, 2014
Subject:
Windmill Building Request
Question Presented:
Under Florida law, may a municipality regulate the installation of a windmill on a
homeowner's property?
Discussion:
It is unlikely that the Town of Gulf Stream ("the Town") will be able to prohibit Mr.
O'Hare's Building Permit Revision Request to build a windmill; however, certain Town
regulations, such as zoning ordinances, may be permitted. A municipality has no
authority to prohibit the installation of a windmill on a homeowner's property since it is
an energy device based on renewable resources. Section 163.04 of the Florida Statutes
restricts the authority of a municipality to regulate energy devices based on renewable
resources. The statute forbids governing bodies from enacting or enforcing ordinances,
deed restrictions, covenants, or similar binding agreements that prohibit or have the
effect of prohibiting the installation of "solar collectors, clotheslines, or other energy
devices based on renewable resources." Section 163.04(2) provides, in pertinent part:
"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."
§ 163.04(2) Fla. Stat. (2013) Thus, under this statute, the Town may not prevent Mr.
O'Hare from installing a windmill on his property.
However, while a municipality may not prevent the installation of an energy
device based on renewable resources, the application of some municipal regulations
has been permitted so long as it does not interfere with the satisfactory performance of
the energy device. For example, in City of Ormond Beach v. State, a homeowner
applied for height and side -yard zoning variances to allow him to install a windmill on his
property that would exceed the permitted height and be located closer to his property
January 3, 2014
Page 2
line than normally allowed. See 426 So. 2d 1029, 1030-31 (Fla 4th DCA 1983). The
court held:
"Section 163.04 eliminates the need to prove a hardship as a basis for the
property owner's desire to install the energy device, but it does not,
however, mean that appellee can place the windmill where he pleases or
to such height as he pleases. He must still abide by the setback and
height restrictions of the zoning ordinance, unless he can demonstrate the
requisites for a variance; Le , that the variance is needed so that the
windmill can operate satisfactorily"
Id. at 1032 The court explained that section 163.04 did not entitle the homeowner to
variances necessary for "optimum performance" of the windmill; but rather, the
homeowner must comply with zoning regulations as long as the energy device still
performed satisfactorily. See Id.
Therefore, here, the Town cannot prohibit the building of a windmill, but the Town
may require Mr O'Hare to comply with Town regulations, such as zoning ordinances, as
long as the windmill can operate satisfactorily.
1t fjspl2%appsldam\1314710000I4nem11 hv2940 doa
TOWN OF GULF STREAM
PAI -Ni BEACH COUNTY, FLORIDA
Delivered via e-mail
August 28, 2015
freddy famsworth [mail to: frederick.freddy.famsworth@gmail.com]
Re: GS #1870 (UDKS/jonesfoster email 2014 GS)
Anv email between an-vone at Urban Design Kilday Studios and aurone at Jones - Foster law
firm for the Town of Gulf Stream in 1014.
Dear freddy fernsworth [mail to: frederick.freddv.famsworth(eDamail coml,
The Town of Gulf Stream received your original public records request from Urban Kilday Design
on June 22, 2014. You should be able to view your original request at the following link
h_ttl)://www2.uulf-stream.ore/weblink/O/doc/56239/PaL,el asnx. In future correspondence, please
refer to this public records request by the above referenced numbers.
The records that Urban Kilday Design submitted as responsive records can be found at the same
above link.
We consider this matter closed.
Sincerely,
Town Clerk, Custodian of the Records