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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 ptlL`St4\e SilFl5. G1 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 k� I da _---_- - 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