HomeMy Public PortalAboutAgenda with back-upMay 4, 2018
MAYOR: Scott W. Morgan
VICE MAYOR: Thomas M. Stanley
COMMISSIONER: Paul A. Lyons, Jr.
Joan K. Orthwein
Donna S. White
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, MAY 11, 2018 AT 9"00 A.M.
IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100
SEA ROAD, GULF STREAM, FLORIDA.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes.
A. Regular Meeting of April 13, 2018.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. June 8, 2018 at 9:00 A.M.
2. July 13, 2018 at 9:00 A.M.
3. August 10, 2018 at 9:00 A.M.
4. September 14, 2018 at 9:00 A.M.
5. October 12, 2018 at 9:00 A.M.
6. November 9, 2018 at 9:00 A.M.
VII. Communication from the Public (3 min. maximum)
liiii Qlj..liil00Im ice, ZR
A. Applications for Development Approval
1. An application submitted by Carlos Linares of Randall
Stofft Archit., as agent for Patrick Thomas, owner of
property located at 2943 Polo Drive, Gulf Stream, Florida
33483, legally described as Lot 13, replat of Part of Gulf
Stream Properties, according to the map of plat thereof as
recorded in Plat Book 18, Page 98, Public Records of Palm
Beach County, Florida.
a. Land Clearing Permit to clear land for additions.
b. Special Exception #1 to extend a non -conforming wall.
c. Special Exception #2 to permit an additional 240 sq.
ft. of covered, unenclosed floor area that exceeds the
maximum FAR of 5,535 sq. ft.
d. Level 3 Architectural/Site Plan Review to permit
additions of 1,529 sq. ft. to the first floor, the
addition of a second story consisting of 1,748 sq. ft.
and a 328 sq. ft. one car garage to an existing single
story, Gulf Stream Bermuda style, single family
dwelling.
B. Items Related To Previous Approvals.
1. An application submitted by Carlos Linares, Randall Stofft
Architects, as agent for N. Ocean Capital 2929 B LLC,
owner of property located at 2929 N. Ocean Blvd., Gulf
Stream, Florida 33483, legally described as the South 120
feet of Lot 1, Gulf Stream, Ocean Tract recorded in Plat
Book 16, Page 81 of the Public Records of Palm Beach
County, Florida and including revisions made to original
plan and presented on January 25, 2018
a. SPECIAL EXCEPTION #1 to permit an additional 220
square feet of covered, unenclosed floor area that
exceeds the maximum FAR of 8,705 square feet.
AGENDA CONTINUED
b. SPECIAL EXCEPTION #2 to permit the construction of a
488 square foot gate house in the Beachfront Design
District.
c. NORTH OCEAN BLVD. OVERLAY PERMIT to permit the
construction of a 488 square foot gate house and an 8
foot high stucco wall within the North Ocean Blvd.
Corridor.
d. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit
construction of a two-story Gulf Stream Bermuda style
single family dwelling with attached 3 car garage and
a detached gate house, a total of 8,925 square feet,
and swimming pool and spa.
e. Justification for use of "discouraged items".
2. An application submitted by Carlos Linares, Randall
Stofft, Architects, as agent for N. Ocean Capital 3565 B
LLC, owner of Property located at 3565 N. Ocean Blvd.,
Gulf Stream, Florida 33483, legally described as a
portion of Lots 7&8, Gulf Stream Ocean Tracts, according
to the plat recorded in Plat Book 16, Pg 81 and portion
of lots 9&10, Block B, of Blocks A,B&Z, Palm Beach Shore
Acres, according to the Plat recorded in Plat Book 7,
Pg 15, Public Records of Palm Beach County and a portion
of the right of way of Ocean
Blvd.{abandoned}, for the following:
a. SPECIAL EXCEPTION #1 to permit an additional 197
square feet of covered, unenclosed floor area
that exceeds the maximum FAR of 7,129 square
feet.
b. SPECIAL EXCEPTION #2 to permit the construction of a
467 square foot gate house in the Beachfront Design
District.
C. NORTH OCEAN BLVD. OVERLAY PERMIT to permit the
construction of a 467 square foot gate house and an
8 foot high stucco wall within the North Ocean
Blvd. Corridor.
d. LEVEL 3 ARCHITECTURAL/ SITE PLAN REVIEW to
permit construction of a two-story British
Colonial style single family dwelling with
attached garage and a detached gate house, a
total of 7,326 square feet, and a swimming
pool with spa.
IX. Reports.
A. Town Manager
1. Utility Undergrounding Update
2. Town Hall Addition Progress
3. CIP Acceptance
4. Andrews Avenue Easement
B. Architectural Review & Planning Board
1. Meeting Dates
a. May 24, 2018 at 8:30 A.M.
b. June 28,2018 at 8:30 A.M.
c. July 26,2018 at 8:30 A.M.
d. No August Meeting
e. September 27, 2018 at 8:30 A.M.
f. October 25, 2018 at 8:30 A.M.
C. Finance Director
1. Financial Report for April 2018
D. Police Chief
1. Activity for April 2018
X. Items for Commission Action.
A. Resolutions
1. NO. 18-02; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,DECLARING
ZONING IN PROGRESS RELATING TO THE ELIMINATION OF ITEMS
CATEGORIZED AS "DISCOURAGED" IN THE GULF STREAM DESIGN
MANUAL; REQUIRING THAT NO BUILDING PERMITS BE ISSUD BY THE
AGENDA CONTINUED
TOWN DURING THE PERIOD THAT ZONING IS IN PROGRESS FOR
ANY PROJECT WHICH MAY BE IN CONTRAVENTION OF ANY
PROPOSAL UNDER STUDY; PROVIDING AN EFFECTIVE DATE.
2. NO. 18-03; A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING THE CONSTRUCTION SITE MANAGEMENT HANDBOOK
WHICH WAS AUTHORIZED BY ORDINANCE NO. 95/4, AT ARTICLE
IV, RULES AND REGULATIONS, SECTION 6. SUB -CONTRACTORS,
TO INCORPORATE SECTION V. FINES AND PENALTIES; SECTION
B. WORKING HOURS, TO UPDATE REFERENCES TO THE
CONSTRUCTION AND MAINTENANCE ACTIVITIES ORDINANCE;
SECTION 10. TRUCKS AND CRANES, TO CREATE A DESIGNATED
STAGING AREA AND MANDATING A POLICE ESCORT; AND SECTION
14. NOISE, TO UPDATE REFERENCES TO THE CONSTRUCTION AND
MAINTENANCE ACTIVITIES ORDINANCE; PROVIDING FOR AN
EFFECTIVE DATE.
B. ORDINANCE NO. 18/3; AN ORDINANCE OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING
THE TOWN CODE OF ORDINANCES AT CHAPTER 22, NUISANCES, ARTICLE
3, NOISE, DIVISION 2, CONSTRUCTION AND MAINTENANCE ACTIVITIES
SECTION 22-68, SAME—REGULATIONS, TO DEFINE PERMITTED ARRIVAL
AND DEPARTURE TIME TO PERFORM REGULATED ACTIVITES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE. (FIRST READING)
C. Appointment of Regular Member for ARPB.
D. Items by Mayor & Commissioners
XI. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID
PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY
NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED. F.S.S. 286.0105
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING
HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MAY 11, 2018 AT 9:00
l
\ A.M. IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL,
100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order.
Mayor Morgan called the meeting to order at
9:00 A.M.
II. Pledge of Allegiance.
The Mayor led the Pledge of Allegiance.
III. Roll Call.
Present & Scott W. Morgan
Mayor
Participating: Paul Lyons, Jr.
Commissioner
Joan K. Orthwein
Commissioner
Donna S. White
Commissioner
Also Present & Gregory Dunham
Town Manager
Participating: Trey Nazzaro
Staff Attorney
Edward Allen
Police Chief
Rita Taylor
Town Clerk
Absent with Thomas W. Stanley
Vice Mayor
Notice: John Randolph
Town Attorney
IV. Minutes.
A. Regular Meeting of April 13, 2018.
Commissioner Lyons called attention to
an error in the
amount reported as reserve funds in the Enterprise
Fund, advising it
should read $1,000,814.81.
Commissioner Orthwein moved to approve the minutes with the correction
and Commissioner White seconded the motion with all voting AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
There were no changes to the agenda.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. June 8, 2018 at 9:00 A.M.
2. July 13, 2018 at 9:00 A.M.
3. August 10, 2018 at 9:00 A.M.
4. September 14, 2018 at 9:00 A.M.
5. October 12, 2018 at 9:00 A.M.
6. November 9, 2018 at 9:00 A.M.
VII. Communication from the Public (3 min. maximum)
There were no communications from the public.
VIII. PUBLIC HEARING
There was no ex -parte communications declared and the Town Clerk
administered the Oath to Carlos Linares and Mark Jacobson.
1
Minutes of Town Commission Regular
Meeting & Public Hearing held
May 11, 2018 at 9:00 A.M.
A. Applications for Development Approval
Commissioner Lyons stated for the record that he will not be
speaking or voting in relation to the Thomas application as this
property is located next door to his property.
1. An application submitted by Carlos Linares of Randall
Stofft Archit., as agent for Patrick Thomas, owner of
property located at 2943 Polo Drive, Gulf Stream, Florida
33483, legally described as Lot 13, replat of Part of Gulf
Stream Properties, according to the map of plat thereof as
recorded in Plat Book 18, Page 98, Public Records of Palm
Beach County, Florida.
Mr. Linares explained that the existing property is a
single story home with no garage and a non -conforming north wall that
extends into the setback. He said that they would like to add a 2 car
garage but found that would not be possible without a variance so they
are asking for a Special Exception to extend that non -conforming wall 6'
to accommodate a one car garage. In addition they are planning to add a
second story containing 2 bedrooms and a master bedroom with a balcony,
a covered front entry and a covered unenclosed outdoor living area. Mr
Linares commented that they are not asking for any discouraged items.
a. Land Clearing Permit to clear land for additions.
Commissioner White moved to approve the Land Clearing
Permit and Commissioner Orthwein seconded the motion. Commissioner
Orthwein, Commissioner White and Mayor Morgan voted AYE.
b. Special Exception #1 to extend a non -conforming wall.
Commissioner White then moved to approve the Special
Exception to extend a non -conforming wall and the motion was seconded by
Commissioner Orthwein with Commissioners White, Orthwein and Mayor
Morgan voting AYE.
c. Special Exception #2 to permit an additional 240 sq.
ft. of covered, unenclosed floor area that exceeds the
maximum FAR of 5,535 sq. ft.
A motion was made by Commissioner White to approve the
Special Exception to permit an additional 240 sq. ft. of covered,
unenclosed floor area that exceeds the maximum FAR of 5,535 sq. ft. The
motion was seconded by Commissioner Orthwein. Those voting AYE were
Commissioner White, Commissioner Orthwein and Mayor Morgan.
d. Level 3 Architectural/Site Plan Review to permit
additions of 1,529 sq. ft. to the first floor, the
addition of a second story consisting of 1,748 sq. ft.
and a 328 sq. ft. one car garage to an existing single
story, Gulf Stream Bermuda style, single family
dwelling.
Commissioner White moved for approval of a Level 3
Architectural/Site Plan based on a finding that the addition of 1,529
sq. ft. to the first floor, the addition of a second story consisting of
1,748 sq. ft. and a 328 sq. ft. one car garage to an existing single
story, Gulf Stream Bermuda style, single family dwelling meet the
minimum intent of the Design Manual and applicable review standards with
the following conditions:
2
Minutes of Town Commission Regular
Meeting & Public Hearing held
May 11, 2018 at 9:00 A.M.
1. Prior to the issuance of a Certificate of Occupancy the
owner of the property shall prepare and sign a Gulf Stream
Driveway Removal Agreement.
2. Any minor modifications in the approved landscaping shall
be submitted to the Town Manager for review and approval and
any major modification shall be brought back to the ARPB for
review and approval, prior to commencement of landscaping.
3. Prior to the issuance of a certificate of occupancy, the
owner of the property shall prepare and record a deed
restriction which shall provide that all roof projection areas
shall remain unenclosed as per approval of the Special
Exception for as long as the structure is in existence or
exceeds the maximum FAR.
4. Prior to exterior painting, the final color scheme must be
presented to the Town Manager for approval.
5. Quoins be added on corners around the Master Balcony to
match those around the Front Balcony.
Commissioner Orthwein seconded the motion and Commissioner
White Commissioner Orthwein and Mayor Morgan voted AYE.
B. Items Related To Previous Approvals.
1. An application submitted by Carlos Linares, Randall Stofft
Architects, as agent for N. Ocean Capital 2929 B LLC,
owner of property located at 2929 N. Ocean Blvd., Gulf
Stream, Florida 33483, legally described as the South 120
feet of Lot 1, Gulf Stream, Ocean Tract recorded in Plat
Book 16, Page 81 of the Public Records of Palm Beach
County, Florida and including revisions made to original
plan and presented on January 25, 2018.
Town Manager Dunham gave a summary of the various actions
that have been taken by the ARPB and the Town Commission in regard to
this application that was originally submitted in December 2017.
Mr. Linares explained the various changes that have been made since
that first presentation in December adding that they would like to
maintain the higher "discouraged" eave height since other homes in the
area also have the higher eave. However, he said that he has come
prepared today to present the lower "preferred" eave height if
necessary. He further advised that the owner is anxious to move forward
with the project. He reminded that in the past they redesigned the rear
elevation to reduce the appearance of the amount of windows. He further
explained that the item referred to as the entry pavilion is a garden
feature and will not be attached to the house.
Commissioner Lyons stated that, in reviewing the video from the last
meeting, the items in question were height, mass, number of windows,
style of windows and style of house. He believed the number of windows
is a dominant element which is discouraged and the style of windows is
not preferred. He commented that the style of home is stated to be
Bermuda but he did not feel this home meets the criteria. He said that
he knows of only one other home in town that has 5 windows side by side
3
Minutes of Town Commission Regular
Meeting & Public Hearing held
May 11, 2018 at 9:00 A.M.
with no separation to speak of. He further noted that the southwest
elevation now has three windows and there were originally only 2
windows. The Mayor added that he agrees and pointed out there is also a
2 story stacked window along the side of the door. Commissioner Lyons
suggested to use the original plan with 2 windows on the southwest
elevation and removing the center window from the row of 5 windows and
adding shutters. Commissioner White was in agreement and suggested that
t
perhaps a 3 dimensional presentation would help. Mr. Linares
distributed such drawing but with some different features.
Commissioner Orthwein moved to defer action on 2929 N. Ocean Blvd. to
the next Commission Meeting after Mr. Linares has met with staff.
Commissioner White seconded the motion and all voted AYE at the roll
call.
2. An application submitted by Carlos Linares, Randall
Stofft, Architects, as agent for N. Ocean Capital 3565 B
LLC, owner of Property located at 3565 N. Ocean Blvd.,
Gulf Stream, Florida 33483, legally described as a portion
of Lots 7&8, Gulf Stream Ocean Tracts, according to the
plat recorded in Plat Book 16, Pg. 81 and portion of lots
9&10, Block B, of Blocks A,B&Z, Palm Beach Shore Acres,
according to the Plat recorded in Plat Book 7, Pg. 15,
Public Records of Palm Beach County and a portion of the
right of way of Ocean Blvd.{abandonedl.
C" Mr. Linares said that this home was also designed with the
Second floor eave height in the "discouraged" range but they are prepared
to lower that eave height to the preferred range, 22'6". Mayor Morgan said
that he does not see the symmetry of balance that is associated with
British Colonial to which Mr. Linares said it is the volumes and details
that determine the style of this house. Mr. Linares pointed out that they
lowered the elevation of the garage floor and will have steps from the
garage to the house.
Commissioner Orthwein noted there is an easement on the south side of
property for deeded access to the beach and she questioned how this will be
addressed. Mr. Linares said that there is an existing wall on the south
property line and they are proposing to construct a similar wall on the
north side of the 10' easement.
Mark Jacobson, Landscape Architect, pointed out that they will be adding to
the existing material at the front an both sides to provide privacy and
explained that as the project moves forward there are expected to be
G-1
changes made as needed to achieve the goals of privacy for all parties.
a. SPECIAL EXCEPTION #1 to permit an additional 197
square feet of covered, unenclosed floor area
that exceeds the maximum FAR of 7,129 square
feet.
Commissioner Lyons moved to approve the
Special Exception to allow 197 sq. ft. of covered,
unenclosed area that exceeds the maximum permitted Floor
4
Minutes of Town Commission Regular
Meeting & Public Hearing held
May 11, 2018 at 9:00 A.M.
Area Ratio of 7,129 sq. ft. and Commissioner White
seconded the motion with all voting AYE at roll call..
b. SPECIAL EXCEPTION #2 to permit the construction of a
467 square foot gate house in the Beachfront Design
District.
Commissioner Lyons then moved to approve a Special
Exception to allow the construction of a 467 sq. ft. gatehouse in the
C Beachfront Design District. Commissioner White seconded the motion and
all voted AYE.
C. NORTH OCEAN BLVD. OVERLAY PERMIT to permit the
construction of a 467 square foot gate house and an
8 foot high stucco wall within the North Ocean
Blvd. Corridor.
A motion was made by Commissioner Lyons to
approve tlhe construction of a 467 sq. ft. gatehouse and an
8' high stucco wall within the North Ocean Blvd. Corridor
Which was seconded by Commissioner White with all voting
AYE.
d. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to
permit construction of a two-story British
Colonial style single family dwelling with
attached garage and a detached gate house, a
total of 7,326 square feet, and a swimming
pool with spa.
Commissioner Lyons moved to approve the
construction of a 2 -story British Colonial Style single family
dwelling, an attached garage, a detached gatehouse, a total of
7,316 sq. ft. with a swimming pool and spa with the eve height on
the house not to exceed 226", subject to the following
Conditions:
1. Any minor modifications in the approved
landscaping shall be submitted to the
Town Manager for review and approval and
any major modifications shall be brought
back to the ARPB for review and approval,
prior to commencement of landscaping.
2. Prior to the issuance of a certificate of
occupancy, the owner of the property
shall prepare and record a deed
restriction which shall provide that all
roof projection areas shall remain
unenclosed as per approval of the Special
Exception for as long as the structure is
in existence or exceeds the maximum
permitted FAR of 7,129 sq. ft.
Commissioner White seconded the motion and all voted AYE at roll
call.
IX. Reports.
A. Town Manager
5
Minutes of Town Commission Regular
Meeting & Public Hearing held
May 11, 2018 at 9:00 A.M.
1. Utility Undergrounding Update
The Town Manager reported that he had attended a meeting
with Danny Brannon, Comcast, AT&T and FPL with regard to FP&L finishing
their part of the underground work and the other two moving in to
install their portion. He said that Comcast will commence shortly and
their work is expected to take 60 to 90 days and AT&T will not commence
their work until Comcast has completed theirs. Mr. Dunham said that as
Comcast makes connections they do the work inside a truck, usually at
night. They said they are aware of our permitted working hours but
advised they could complete the job sooner if they could work at night.
The Commissioners gave approval for the night work in order to expedite
the project.
2. Town Hall Addition Progress
Mr. Dunham reported that he expects to have the project
finished in about two weeks, pointing out that the addition has been
painted and the carpet installed in that area with the landscaping also
completed.
3. CIP Acceptance
The Town Manager explained that there was never a formal
acceptance of the CIP and that while there is no construction planned
for the first year, 2018/2019, there will be funds needed to cover
planning, etc. Inasmuch as the budgeting process is beginning, he
requested that there be a formal motion to accept the CIP as presented.
Commissioner Orthwein moved to accept the CIP as presented and
Commissioner Lyons seconded the motion with all voting AYE at roll call.
4. Andrews Avenue Easement
The Staff Attorney reported that this is in progress and
he expects to have it on the agenda for the June meeting.
B. Architectural Review & Planning Board
1. Meeting Dates
a. May 24, 2018 at 8:30 A.M.
It was announced that there will not be an ARPB
meeting in May due to lack of a quorum.
b. June 28,2018 at 8:30 A.M.
c. July 26,2018 at 8:30 A.M.
d. No August Meeting
e. September 27, 2018 at 8:30 A.M.
f. October 25, 2018 at 8:30 A.M.
C. Finance Director
1. Financial Report for April 2018
Rebecca Tew, in answer to a question related to the amount
of income on our Water Fund investments, explained that in the past year
the money market funds with SunTrust Bank have been transferred to
certificates of deposit with various other banks that resulted in a
large increase that had not been anticipated in the budget.
D. Police Chief
1. Activity for April 2018
Chief Allen asked that his report be accepted as submitted
as he had nothing additional to report.
C^•
Minutes of Town Commission Regular
Meeting & Public Hearing held
May 11, 2018 at 9:00 A.M.
X. Items for Commission Action.
A. Resolutions
1. NO. 18-02; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, DECLARING
ZONING IN PROGRESS RELATING TO THE ELIMINATION OF ITEMS
CATEGORIZED AS "DISCOURAGED" IN THE GULF STREAM DESIGN
MANUAL; REQUIRING THAT NO BUILDING PERMITS BE ISSUD BY THE
TOWN DURING THE PERIOD THAT ZONING IS IN PROGRESS FOR
ANY PROJECT WHICH MAY BE IN CONTRAVENTION OF ANY PROPOSAL
UNDER STUDY; PROVIDING AN EFFECTIVE DATE.
The Town Clerk read Resolution No. 18-02 by title only
after which Commissioner Orthwein moved to adopt. Commissioner White
seconded the motion and all voted AYE.
2. NO. 18-03; A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING THE CONSTRUCTION SITE MANAGEMENT HANDBOOK
WHICH WAS AUTHORIZED BY ORDINANCE NO. 95/4, AT ARTICLE
IV, RULES AND REGULATIONS, SECTION 6. SUB -CONTRACTORS,
TO INCORPORATE SECTION V. FINES AND PENALTIES; SECTION
8. WORKING HOURS, TO UPDATE REFERENCES TO THE
CONSTRUCTION AND MAINTENANCE ACTIVITIES ORDINANCE;
SECTION 10. TRUCKS AND CRANES, TO CREATE A DESIGNATED
STAGING AREA AND MANDATING A POLICE ESCORT; AND SECTION
14. NOISE, TO UPDATE REFERENCES TO THE CONSTRUCTION AND
MAINTENANCE ACTIVITIES ORDINANCE; PROVIDING FOR AN
EFFECTIVE DATE.
Staff Attorney Nazzaro explained the purpose of this
Resolution and Mayor Morgan explained how this addresses many of the
complaints related to construction projects and how it relates to
Ordinance No. 18/3 that is also included on this agenda.
Town Clerk Taylor read Resolution No. 18-03 by title only. Commissioner
Orthwein moved for the adoption of Resolution No. 18-03 and Commissioner
White seconded the motion. All voted AYE at the roll call.
B. ORDINANCE NO. 18/3; AN ORDINANCE OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING
THE TOWN CODE OF ORDINANCES AT CHAPTER 22, NUISANCES, ARTICLE
3, NOISE, DIVISION 2, CONSTRUCTION AND MAINTENANCE ACTIVITIES
SECTION 22-68, SAME—REGULATIONS, TO DEFINE PERMITTED ARRIVAL
AND DEPARTURE TIME TO PERFORM REGULATED ACTIVITES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE. (FIRST READING)
The Town Clerk read Ordinance No. 18/3 by title only on first
reading. Mayor Morgan explained that this further regulates activity on
construction sites by establishing the arrival time for workers and
deliveries at 8:00 A.M. and establishing the departure time for leaving
the site at 5:00 P.M.
7
Minutes of Town Commission Regular
Meeting & Public Hearing held
May 11, 2018 at 9:00 A.M.
Commissioner Orthwein moved to pass Ordinance No. 18/3 on first reading
and Commissioner White seconded the motion with all voting AYE.
C. Appointment of Regular Member for ARPB.
Mayor Morgan pointed out that since Mr. Kent has moved out of
Town it is necessary to appoint a member for the ARPB. Commissioner
Orthwein said that whoever is appointed must be made aware of the
importance of making themselves available for the meetings, reminding
that the ARPB will not be meeting in May due to lack of a quorum.
Commissioner Orthwein moved to elevate Alternate Member Jorgette Smith
to a Regular Member of the ARPB and the motion was seconded by
Commissioner Lyons. All voted AYE at the roll call.
D. Items by Mayor & Commissioners
1. Commissioner Lyons asked if either of the two vacant
properties on the beach have beach access easements as he sees many
using the vacant lots for this purpose. Town Manager Dunham said there
is a 10' deeded access easement on the south side of the property at
3565 N. Ocean Blvd. Commissioner Orthwein said there is also this type
of easement north of the property at 2929 N. Ocean Blvd. but it is not
on 2929. It was explained that this type of easement is only available
to those who own property with a deed that states they have a right to
use
a specific easement.
2. Commissioner White recalled that Mr. Kent had spoken at
the last meeting about removing any mention of shutters and also any
reference to the color of them. She commented that shutters are one of
the key characteristics of a Gulf Stream Bermuda style and that the
color should be of a dark contrasting color to the body of the house.
All of the Commissioners and Mayor Morgan were in agreement that these
changes should not be made.
Staff Attorney Nazzaro said he is in the process of drafting the
Ordinance and could make this change in the document. Those present were
in favor of this, agreeing that it could be discussed further when the
ordinance comes before the Commission for action.
XI. Adjournment.
Mayor Morgan adjourned the meeting at 10:50 A.M.
?.�
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/ � i61—
Rita L. Taylor
Town Clerk
N
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, APRIL 13, 2018 AT 9:00
A.M. IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL,
100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order.
Mayor Morgan called the meeting to order at 9:00 A.M.
II.
Pledge of Allegiance.
The Mayor led
the Pledge of Allegiance.
8
13,
III.
Roll Call.
5.
Septe
Present &
Scott W. Morgan
Participating:
Thomas W. Stanle
Paul Lyons,
Joan K. Or i
Donna S. to
Also Present &
Gregory ham
Participating:
John Rando
Edward Nazza
E ward Allen
Taylor
IV.
Minutes.
A. Regula eting of rch 018.
Vice o
anley m o ov
2018
and Commi oner
Or wein s ded the
op
at roll call.
V.
the
VI.
VII
r l v� as
FAR
An uncements
A.N.ne
r Mee
y 11,
8
13,
4.
Aug
5.
Septe
The
Mayor <
Vice Mayor
Commissioner
ommissioner
issioner
To Manager
Town ney
Staf torney
Poli Chief
Town Clerk
>_'the Minutes of March 9,
tion with all voting AYE
defer, arrangement of agenda items.
as Item IX.A.2., adjustment to
ngsublic Hearings
18 AW 9:00 A.M.
2 8 at 9:00 A.M.
18 at 9:00 A.M.
2018 at 9:00 A.M.
14, 2018 at 9:00 A.M.
lled attention to the future meeting dates.
Communication from the Public (3 min. maximum)
There was no public comment.
VIII. Reports.
A. Audit for 2016/2017 Fiscal Year -Ron Bennett, Lead Auditor
Mr. Bennett distributed a handout of Financial Highlights which
is, according to Mr. Bennett, a 5 year trend summary and a document
explaining the standards that were applied in the preparation of the
audit as set out in the Government Auditing Standards. In answer to a
question from Commissioner Lyons, Mr. Bennett said that the financial
Minutes of Town Commission
Regular Meeting a Public Hearing
April 13, 2018 @ 9:00 A.M.
condition of Gulf Stream as compared to other towns is in terrific shape
and that he didn't know of any other town that has 80% of fund balance
unassigned, but that most likely some of that will be used when
implementing the CPI that is under review.
Commissioner White asked if the reserve in the water fund is included in
the Fund Balance to.which Mr. Bennett replied that it is shown
separately in the Enterprise Fund under Net position in the amount of
$1,814.81. w
Mayor Morgan complemented Mr. Bennett on
entitled Financial Highlights and the au
2016/2017 were accepted as presented.
B. Capital Improvements Plan -
Joe Kinney of Mathews Engine g
plan takes into consideration tha e r
of the highest priority and that ar
by incorporating drainage and road 1 ro
time as the water distribution system
would cause the least disr tion for th
larger number of small d' 'ons. He f
a larger bid pool to se t r if the
explained that drawings woul be let
the bidding process so that w k wo c
completed by Dece . The f ow'
after which thi cle uld be ted
been complete
Rebecca Tew presen spr d sheets ha incorporate this 10 year CIP
into the bud- s n sheets.
e rolled back tax rates to
estima ax r ues, e Fund and estimated expenditures based
on pr ous audit no erience. sed on this over a 10 year period,
it wou of be nec Bary seek outside funding to cover the work
outlined the 10 ve CIP_ AIL
of presentation
for fiscal year
ned tt this 10 year
ent of e water lines is
sing a h 'st. approach
where nee t the same
ed. He be ed this
nts rathe han having a
noted that there would be
s were a larger scale. He
ng a season along with
ay 1 and be
would be no project
the improvements have
Ms. Tew point out tha theles is no inflation factored into the
construction co s or i the initial financial calculations. However, a
3% inflation fac has een included and at the end of the 10 years,
the total of the F ance in the General Fund and the Water Fund
Reserves is estimat o be just under 5 million dollars. It should be
noted that monies fr m the General Fund may be used for expenditures in
the Water Fund. She further noted that by spacing the projects with the
north one half of the Core done first, Place Au Soleil done next and the
south of the Core done third, it gives an opportunity for the funds for
the project to grow. Since the cost for improvements in the Core are the
greatest, it would be necessary to borrow money if the Core were to be
done all at one time, she said.
C. Town Manager
1. Utility Undergrounding
N
Minutes of Town Conmtission
Regular Meeting & Public Hearing
April 13, 2018 @ 9:00 A.M.
Mr. Dunham reported that approximately 80% of the homes are
connected to the underground electric service and there are still some
of the street lights to be connected. He further said that he and Mr.
Brannon will very soon be meeting with AT&T and Comcast and planning for
the switching of the project from FP&L to them.
2. Town Hall Addition
The Town Manager said the project is moving along as was
expected with the roof tile to be put into plac and the door to be cut
open into the building next week.
3. Construction Sites -Parking & rs Enforcement
Town Manager Dunham reported th ff working with these
problems and so far consideration is bei iv to issuing the handbook
and enforcing it's restrictions with hat is issued, not
h e ry er
just for new construction, and issui atio to the general
contractor which would result in st ing he ork i more than 2
citations were issued. Requiring vehic e over 9 t to have a
police escort, changing the rest ions to read that t ar 'val time
at the work site shall be B A.M. an oss y imposing an ct fee are
under consideration.
D. Architectural R iew & Planni o d
1. Meeting D
a. April , at 8:30 A.
b. May 24, 20 a •30 A.M.
c. June 28,201 at 8. A.M.
d.doEM6,26, 202 at M.
Septe r 27, at 8 M.
2. a 'ew & E uation "dis raged" items -Chap. 70 of the
Code f Or ances-Ch 'r in of ARPB, Hewlett Kent
Kent de ch s have been made in the past to
to con mas bu stil He pointed out that nearly every
new h e is bein esi d using eave heights that are listed in
the d raged ran He rther said that if the same houses had been
designed h the ea heig hat are listed in the preferred range
the massing oblem wo d be minated. The amount of glass, especially
on the rear a at ion a o a s to the massing, he said, but added that
by reducing the ave th e would be less wall surface and the amount of
glass would be r ced. r. Kent stated that the ARPB is recommending
that all "discoura ems" be moved into the prohibited range with the
exception of the fo ing: Sec. 70-101 add under "Prohibited", 25% or
more of total window opening on the sides and front elevation and 50% or
more of total window opening on the rear elevation composed of undivided
panes larger than 8 sq. ft. and "shutters" painted the same color as the
principal building is to be eliminated entirely. Sec. 70-238 when moved
to "Prohibited", modify "Gable" to Gables on side elevations and Gables
on 2nd story elevations. Sec. 70-240 eliminate "No Shutters" from the
Code so it is not in either preferred or prohibited category. Sec. 70-
266 eliminate all 5 items under "discouraged" from the Code and insert
under "Prohibited", all satellite dishes greater than 18" in diameter,
and all satellite dishes not screened from off -premise views, unless
3
Minutes of Town Commission
Regular Meeting & Public Hearing
April 13, 2018 @ 9:00 A.M.
absolutely necessary to ensure adequate reception.
Mayor Morgan thanked Mr. Kent for all his work over the past 20 or so
years, announcing that Mr. Kent is moving from the Town later this
month.
E. Finance Director
1. Financial Report for March 2018
2. Water Usage as of March 31, 2018
There was no comment or questions with
reports and they were declared approved as p
F. Police Chief
1. Activity for March 2018
Chief Allen presented his repor an ul
members of his department had conduc al 'I
Gulf Stream School this past week. re rt
IX. Items for Commission Acti
A. Items by Mayor & Commissi ers
1. Appointment of one ARPB em
Mayor Morgan adv' ed that Rob
on the ARPB has ended an necessary
reappointment made to f i ening.
reappoint Mr. Dockerty to an he - ear to
was seconded by Commissioner ons all
2. Ad' t to th FAR e
Comm' oner ons re th
made to contr he mass g on ne constru
perhaps there d be a eductio in thea
size of the entire uild' A brie di cus
suggesteddNNftmr,- this t eferr o t
Rita L. Taylor
Town Clerk
4
of these
reported that he and
inspections at the
%�oved as presented.
erty's fi13t 3 -year term
ve an appointment or a
ssioner Orthwein moved to
ARPB. The motion
at roll call.
oRsioner Lyons.
=_ral efforts have been
He believed that
which would decrease the
was held and the Mayor
RPB for analysis and a
suggestion.
Tdwn of Gulf Stream
TOWN OF GULF STREAM
RECEIVED,
MAR 28 211Id
Town of Gulfstream, FL,
APPLICATION FOR DEVELOPMENT APPROVAL TT
This form is to be used for all development review applications to be heard by the Town of Gulf Stream
.Architectural Review and Planning Board, Board of Adjustment, and/or Town Commission. To complete the
form properly, please review the accompanying Town of Gulf Stream Instruction Manual for Application for
Development Review Form. Failure to complete this form properly will delay its consideration.
ARPB File A,
PART II. GENERAL INFORMATION
To be completed by all applicants.
A. Project Information
I.A.1. Praject/Owner Name, Patrick Thomas/ Thomas Residence
I.A.2. Project Address: 2943 Polo Drive , GULF STREAM, FL
I.A.3. Project Property Legal Description: LOT 13 According to the replat of gulfstream properties,
a subdivision of lands within the town of gulf stream, Florida which replat is on file and of record in
plat book 18, pa IDA'
I.A.4. Project Description (describe in detail, including # ofstodes, etc.) Existing 2,37S sf ainale story,
ingle family home. new two story addition with a total of 4,726sf a/c
rFl
I.A.5. Square Footage of New Structure or Addition: 3,604 sF
Architectural Style: GULF STREAM - BERMUDA STYLE ARCHITECTURE
1.A.6. Check all that apply: ® Architectural/Site Plan Review ❑ Land Clearing ❑ 'North Ocean Boulevard
Overlay (complete section B) 0 Demolition of Structures ❑ Non-residential uses ❑ Variance
(complete section G) ® Special Exception (complete section.E)
1.A.7. (a) Proposed F.F.E.:
existing fin. £lr Type of Foundation: GRADE BEAMS AND PILES
®B. Owner Information
N� 1.B.1. Owner Address: 2943 Polo Drive, Gulf stream, florida
I.B.2. Owner
1,8.3. Owner
C. Agent Information r'l l --N- ZtLt 7-1 S 5
I.C.I. Agent Name and Firm Name: CARLOS LINARES / RANDALL STOFFT ARCHITECTS
I.C.2. Agent Address: 42 N. SWINTON AVE. DELRAY BEACH. FL 33444
I.C.3. Agent Phone Number: (o) is 61) 243-0799
I.C.4. Agent Signature:
Official Use Only
Pre -App Date: ARPS Date: _
App Date: Recommendation:
Com Dale: TC Date:
Decision:
ILL
Application for Development Approval Form ADA.2000
revised 6/13/00
Y�
Fax
Page 2
Town of Gulf Stream
PART III. PROJECT DESCRIPTION AND JUSTIFICATION
To be completed by all applicants after pre -application conference with Town Staff. Please be concise but
brief. Attach additional sheets only when necessary and be sure to include the appropriate and complete
question number for each response.
A. Project Description and Justification
III.A.1. In what zoning district is the project site located? GULF STREAM CORE District (RS -C)
III.A.2. Is the project compatible with the intent of the zoning district? ZlYes []No
Explain. THE PROPOSED TWO STORY RESIDENTIAL STRUCTURE FITS WITHIN ALL THE SITE SETBACKS,
ARCHITECTURAL STYLE, MASSING, MATERIALS USED AND LUSH LANDSCAPE SET FORTH
BY THE GULF STREAM CORE DISTRICT GUIDELINES.
III.A.3. Is the project consistent with the Future Land Use Map and goals, objectives and policies of the
Comprehensive Plan? M Yes ❑ No
Explain. THE PROPOSED HOME IS CONSISTENT WITH THE LAND USE AS IT COMPLIMENTS THE RESIDENTIAL
NEIGHBORHOOD.
III.A.4. How are ingress and egress to the property to be provided?
THE EXISTING DRIVEWAYS FROM POLO DRIVE AND WILL BE MODIFIED
I II.A.5. How are the following utilities to be provided to the property?
a.
Stormwaler Drainage
ON SITE RETENTION NO ALTERATION TO SITE REQUIRED
b.
Sanitary Sewer
CONNECTION EXISTS
c.
Potable Water
CONNECTION EXISTS
d.
Irrigation Water
CONNECTION EXISTS
e.
Electricity
CONNECTION EXISTS
f.
Telephone
CONNECTION EXISTS
g.
Gas
CONNECTION EXISTS
h.
Cable Television
CONNECTION EXISTS
III.A.6. If the project involves the erection of one or more structures, please describe how the structures are
consistent with the criteria In Section 66-144 of the Town of Gulf Stream Code. (Attach additional
sheet if necessary.)
THE PROPOSED STRUCTURES ARE CONSISTENT WITH THE CRITERIA OF LEVEL 3 ARCHITECTURAL/ SITE PLAN REVIEW
AS IT MEETS THE CRITERIA OF ITEMS 1-12 UNDER SECTION 66-144.
PART IV. ADDITIONAL INFORMATION
Section A Is to be completed by all applicants after pre -application conference with Town staff. Answering
"Yes"to any question in Section A requires the completion of additional Sections as indicated.
A. Additional Approvals/Requirements
IV.A.1. Does the project involve land area within fifty feet (50') of the Al (North Ocean Boulevard) right-of-
way? ❑ Yes ® No (If "Yes", section B ofthis part must be completed.)
IV.A.2. Does the project Involve the demolition of one or more structures? ❑ Yes ® No
(If "Yes", section C of this part must be completed.)
IV.A.3. Does the project involve the clearing or filling of any portion of an existing vacant lot or more than
fifty percent (50%) of the landscaped area of a developed lot? ❑ Yes ® No
(If "Yes", section D of this part must be completed.)
IV.A.5. Does the project require approval of a Special Exception?
® Yes ❑ No (If "Yes", section E of this part must be completed.)
IV.A.6. Is the project at variance with any regulations contained in the Zoning Code?
❑ Yes ® No (If "Yes", section G of this part must be completed.)
Application for Development Approval Form ADA.32000
3
Page 3
Town of Gulf Stream
B. Projects Requiring North Ocean Boulevard Overlay Permit
IV.B.1. what significant landscape features or architectural features are to be disturbed or added and to what
IV.B.2. Describe the need
for the disturbance/addition:
IV.0.3. Will the disturbance/addition de oy or seriously impair visual relationships among buildings,
landscape features and open space, or roduce incompatible landscape features or plant material
that destroys or impairs significant views or v as within the North Ocean Boulevard Overlay District?
Yes No
Explain:
IV.B.4. How is the design consistent with the'A1A Landscape
IV.B.5. What.mitigation is proposed so that the disturbance/addition has the least
and aesthetic quality of the North Ocean Boulevard Overlay
C. Projects Requiring a Demolition Permit
IV.C.1. When are the existing structures to be demolished? N/A
to the visual
IV.C.2. When are the proposed structures to be constructed? AFTER BUILDING PERMIT HAS BEEN AWARDED
W.C.3. What is the landmark status of the structures to be demolished? NONE
D. Projects Requiring a Land Clearing Permit
IV.D.1. Describe those vegetative materials of 8 inches in diameter and greater to be North Ocean Boulevard
Overlay District: N/A
IV.D.2. Describe the need and justificatlon for the removal/relocation:
N/A
IV.D.3. How is the removal from the project site of vegetation to be mitigated:
N/A
IV.D.4. How are the remaining and relocated vegetative materials to be protected and preserved during the
land clearing and constriction activities and thereafter?
WILL PROVIDE ORANGE MESH AND STAKE BARRIERS FOR MATERIALS TO BE RELOCATED.
IV.D.5. What replacement materials are proposed?
N/A
Application for Development Approval, Form ADA.32000 Page 4
February 2002
-. -11 Vol 11
E. Projects Requiring a Special Exception.
IV.E.1. Is the proposed use a permitted special exception use? [!]Yes ❑ No Code Section: 70-72(b)
IV.E.2. How Is the use designed, located and proposed to be operated so that the public health, safety,
welfare, and morals will be protected?
THE PROPOSED F.A.R. SQUARE FOOTAGE EXCESS IS PART OF A PROPERLY ENGINEERED STRUCTURE.
ALSO THE EXISTING NORTH-WEST NON -CONFORMING WALL TO EXTEND + -8' .
IV.E.3. Will the use cause substantial injury to the value of other property in the neighborhood where it is to
be located? ❑ Yes El No
EXplain.THE EXCESS SQUARE FOOTAGE IS PART OF THE OUTDOOR SPACE THAT HELPS THE FUNCTION OF THE
ARCHITECTURE EUT HAS NO NEGATIVE IMPACT ON THE PROPERTY VALUE.
IV.E.4. How will the use be compatible with adjoining development and the character of the District where it
is to be located?
IV.E.5. What landscaping and screening are provided? PLEASE SEE LANDSCAPE PLANS.
IV.E.6. Does the use conform with all applicable regulations governing the District wherein it is to be
located? M Yes ❑ No
F. Non -Residential Projects and Residential Projects of Greater than 2 Units
;A. If common area facilities are to be provided, describe them and how they are to be maintained.
IV.F.2. If recreation facilities are be prcvlded, describe them and their potential impacts on surrounding
properties.
IV.F.3. For each of the following, list the number provided and their
Loading Spaces:
Standard Parking Spaces:
Small Car Parking Spaces:
Handicapped Parking Spaces:
Application for Development Approval Form ADA.32000
k..
Page 5
TOWN OF GULF STREAM
ARCHITECTURAL REVIEW AND PLANNING REPORT
Application #: 018-2 Owner: Patrick Thomas
Address: 2943 Polo Drive Agent: Carlos Linares/Randall Stofft Architects
Proposed Improvement: Construction of additions to an existing first floor, the
addition of a second floor and the addition of a one car
garage to an existing one-story, Gulf Stream Bermuda
style, single family dwelling.
Approvals Requested:
Land Clearing. To clear land for additions.
Special Exception #1: To extend a non -conforming wall.
Special Exception #2: To permit an additional 240 sq. ft. of covered,
unenclosed floor area that exceeds the maximum FAR
of 5,535 sq. ft.
Level III Architectural/Site Plan: To permit additions of 1,529 sq. ft. to the first floor, the
addition of a second story consisting of 1,748 sq. ft. and
a 328 sq. ft. one car garage to an existing single story,
Gulf Stream Bermuda style, single family dwelling.
Gross Lot size: 16,774 sq. ft. Effective Lot Area: 16,774 sq. ft.
Proposed Total Floor Area: 5,775 sq. ft. Allowable: 5,535 sq. ft.
Zoning District: RS -C
Issues Considered During Review:
Section 70-67 Effective lot area
Section 70-70 Floor area calculations
Section 70-73 Second floor area
Section 70-74 Setbacks
Height: 26.4' (roof height <_ 30' Preferred)
Section 70-75 Special exception setbacks (c) Additions to structures with existing nonconforming
setbacks.
Section 70-100 Roof and eave heights
Section 70-187 Table of district standards
Note: Application appears to meet the standards for approval.
Architectural Review and Planning Board
ARPB File # 18-2
April 25, 2018; TC May 11, 2018 Page 2
Motion to recommend approval to clear the area for additions.
Motion to recommend approval for a Special Exception to extend a non -conforming wall.
Motion to recommend approval for a Special Exception to permit an additional 240 sq. ft. of
covered, unenclosed floor area that exceeds the maximum FAR of 5,535 sq. ft.
Motion to recommend approval of a Level III Architectural/ Site Plan based on a finding that
the addition of 1,529 sq. ft. to the first floor, the addition of a second story consisting of 1,748 sq.
ft. and a 328 sq. ft. one car garage to an existing single story, Gulf Stream Bermuda style, single
family dwelling meet the minimum intent of the Design Manual and applicable review
standards with the following conditions:
1. Prior to the issuance of a Certificate of Occupancy the owner of the property shall
prepare and sign a Gulf Stream Driveway Removal Agreement.
2. Any minor modifications in the approved landscaping shall be submitted to the
Town Manager for review and approval and any major modification shall be brought back
to the ARPB for review and approval, prior to commencement of landscaping.
3. Prior to the issuance of a certificate of occupancy, the owner of the property shall prepare
and record a deed restriction which shall provide that all roof projection areas shall remain
unenclosed as per approval of the special exception for as long as the structure is in
existence or exceeds the maximum FAR.
4. Prior to exterior painting, the final color scheme must be presented to the Town Manager for
approval.
5. Quoins be added on corners around the Master Balcony to match those around the Front
Balcony.
ARPB Date: April 25, 2018
Action:
Land Clearing Permit: Recommend Approval. (5-0)
Special Exception #1: Recommend Approval. (5-0)
Special Exception #2: Recommend Approval. (5-0)
Level III Architectural/ Site Plan: Recommend Approval with the 5 conditions listed above. (5-0)
TC Date: May 11, 2018
Land Clearing Permit:
Special Exception #1:
Special Exception #2:
Level III Architectural/Site Plan:
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