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HomeMy Public PortalAboutAPP 005-11NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Town Commission, sitting as the Board of Adjustment of the Town of Gulf Stream, will hold a Public Hearing on Friday, December 9, 2005 at 9:00 A.M. in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An appeal of the administrative decision by the Town Manager in relation to an Application for Development Approval submitted by Carter & Associates, agent for Anthony Pugliese, owner of the property located at 3145 N. Ocean Blvd., Gulf Stream, Florida that: 1. A VARIANCE from the provisions of Section 70 -187 of the Code of Ordinances must be applied for and approved in order to construct the arched entrance feature that is shown as 1718" in height. 2. A VARIANCE from the provisions of Section 70 -74 (3) must be applied for and approved in order to place a large fountain within the front yard setback area. 3. The following are "discouraged" features a. Deco Metal Chain, tile inserts, wall niches, 4 twisted entrance columns, wall frieze, gargoyles and extensive molding on the front wall. b. The entry feature with excessive height is inconsistent with the neighborhood character. c. The entry feature is inconsistent in architectural style. The Town Commission shall make a final decision regarding the subject application at the hearing noticed above. The hearing may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Town Commission, sitting as the Board of Adjustment, of the Town of Gulf Stream at the time and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION SITTING AS THE BOARD OF ADJUSTMENT, WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING, 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. 286.0105, F.S.S. Dated: November 18, 2005 Publish: Palm Beach Post November 24, 2005 December 4, 2005 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, Town Clerk COMMISSIONERS WILLIAM F. KOCH. JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS 11 WILLIAM A. LYNCH May 20, 2004 Daniel Carter 74 NE 5th Avenue Delray Beach, FL 33483 Dear Mr. Carter: TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA 006-11 Telephone (561) 276 -5116 Fax (561) 737 -6188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR VIA FAX 561- 266 -9918 As per our phone conversation of May 19, 2004, this is to confirm that in order to construct the water slide feature at 3145 N. Ocean Blvd. in Gulf Stream for Mr. Pugliese as proposed in the plan recently submitted, it would be necessary that a variance be applied for and approved which would permit an encroachment into the south side setback. If a variance is applied for, all materials must be in this office no later than June 1, 2004 in order for it to be heard by the Architectural Review and Planning Board on June 24, 2004. At your request 1. Copy of 2. Copy of 3. Copy of 4. Copy of has no please find the following enclosures: the letter from the Town Attorney the definition of a "structure" from Town the application page covering variances the approved plan in which the water slide >_ ncroachment. If you have any questions, feel free to call. Very truly yours, C Rita L. Taylor Town Clerk Encl. 4 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Code feature JONES FOSTER JOHNSTON & STUBBS, P.A. Attorneys and Counselors John C. Randolph, Esquire Direct Dial: 561- 650 -0458 Direct Fax: 561 - 650 -0435 E -Mail: jandolph @jones- foster.com May 19, 2004 Ms. Rita Taylor Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream Florida 33483 Re: Town of Gulf Stream Anthony Pugliese Our File No. 13147.1 Dear Rita: Flagler Center Tower, Suite 1100 505 South Flagler Drive West Palm Beach, Florida 33401 Telephone (561) 659 -3000 MaitingAddress Post Office Box 3475 West Palm Beach, Florida 33402 -3475 VIA FAX: 737 -0188 This will confirm our conversation of yesterday in regard to the Pugliese matter. The plans you forwarded to me show structures, in the form of large boulders which are artificially built up, that encroach within the required setback. As noted in our conversation, the definition of structure shall mean, among other things, "any piece of work artificially built up." Therefore, in order for the plans to be approved as submitted, it would be necessary for a variance to be applied for and approved. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. i,� John C. Randolph JCR /ssm www.jones foster.com FAX Cover Sheet TO: Attorney Randolph Phone: Fax Phone: Date: 5 -17 -04 8 Number of paces including cover sheet: Rita FROM: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33=453 Phone: 561 -276 -5116 Fax Phone: 561 -737 -0133 REiVLkRKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP With regard To Pugliese "mess ": Please find enclosed a portion of minutes from ARPB 9- 27 -01. I have circled the parts that seem to apply. Also enclosed is a copy of the site plan that is a result of these minutes, a copy of the new site plan with the area in question clouded and a copy of the proposed new site plan with grade and spot elevations shown. If there is any of this you can't read, give me a call and I will attempt to convey from what I have. Thanks much. Originals to Follow by Mail: Yes _ CC: Fax Phone: No trict as special exceptions, only if specific provi- sion for such special exceptions is made in the chapter. Start of construction shall mean the first place- ment of permanent construction of a structure on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation, includ- ing the relocation of a structure. Permanent con- struction does not include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it in- clude the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure without abasement or poured footings, the "start of construction" in- cludes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. Story shall mean that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. In computing the height of buildings, the height of basements shall not be included. Story, half shall mean a story under a gabled, hipped or gambrel roof the wall plates of which on at least two opposite exterior walls are not more than three feet above the finished floor of such story. Street shall mean any public or private thor- oughfare which affords the principal means of access to abutting property. It may be designated on the map as a street, avenue, boulevard, drive, place, court, road, terrace, way, circle, lane, walk, path or otherwise. Street centerline shall mean the line midway between the street right -of -way lines of the sur- veyed and platted centerline of a street which may or may not be the line midway between the existing right -of -way lines or pavement. Street centerline setback shall mean the mini- mum distance measured from the street centerline required for the preservation of existing right -of- way and future right -of -way expansion. Street line shall mean the line between the street and abutting property also referred to as right -of -way line. Structural alteration shall mean any change in the supporting members of a building, such as ZONING § 66 -1 bearing walls, or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls, excepting such repairs or re- placements as may be required for the safety of the building. Structural trim shall mean the molding, bat- tens, cappings, nailing strips, latticing and plat- forms which are attached to the structure. Structure shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term "structure" shall be construed as if followed by the words "or part of." Structure, accessory. See Accessory structure. Structure height shall mean the vertical dis- tance measured from the point of base flood elevation to the highest point of a structure un- less otherwise specified in this Code. For a rooftop superstructure, height shall be measured from the highest point of the roof to the highest point of such structure. Subdivision shall mean the division or separa- tion of a parcel of land into two or more lots or parcels by means of mapping, platting, convey- ance, change or rearrangement of boundaries. All subdivisions are also developments and shall be in conformance with chapter 62 of this Code. Submerged lands shall mean lands lying in or below the public waters of the state waterward of the mean high -water line. For the purpose of this definition, the mean high -water line shall be the intersection of the shore with the tidal plane of the average height of the high waters over a 19 -year period, or for shorter periods of observa- tion, the average height of the high waters after corrections are applied to eliminate known vari- ations and to produce the result of the equivalent of a mean 19 -year value. Alternatively, mean high water may mean the average height of the high waters as established and accepted by the U.S. Army Corps of Engineers. Substantial improvement shall mean for a struc- ture built prior to the enactment of this article, any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: Supp. No. 1 CD66:15 (1) Before the improvement or repair is started; or prc?itectural Review & Planning Board public Hearing- September 27, 2001 page 5 6&!' and there are no windows. He noted that there are windows in this area that are architecturally necessary but that they could be covered on the inside with sheet rock to render the space uninhabitable. He i then asked the applicant and the architect how many square feet would be included in the area that has the 6;1' ceiling and they replied that 3 there are 1,200 square feet in that area. Chairman Wheeler observed that if these figures are accurate, the variance request would be reduced to 1,201 square feet as opposed to 2,401 sq. ft. Mr. Benavente introduced Mr. John Lang the Landscape Architect. Mr. Lang explained that the front entrance that is proposed has been redesigned in that both gates have been moved farther into the property so that two vehicles can pull off of AlA in front of the gate. He had a prospective from AlA with the landscaping in place which indicated that nothing within the property lines could be seen from AlA except the front entry feature of the home, looking through the gate. Mr. Lang explained that there is an 8' high wall along the front and both sides of the property and Mr. Pugliese has instructed that the landscaping is to be planned so as to make the entire property private. He called attention to the various landscape features, swimming pools, swan ponds, waterfalls, spas, play structure and moats. Mr. Lang advised that the play equipment and checker board have been moved out of the 50' AlA x Corridor and the water features have been moved out of the side setbacks I with the exception of the moat along the east side which i request. s covered in a fr variance : is F M •K •a s' :4R Chairman Wheeler asked which water feature is the tallest and Mr. Lang advised that it is the main waterfall. Chairman Wheeler then asked what the elevation was at the pool deck below the waterfall. He was concerned that this not be considered an above ground pool. Mr. Lang advised that the property has a natural grade change of approximately 36" and that top of the is 31 height of the waterfall structure, whichoalso housesotherpool equipment, is 10' high but the lower 3' is below grade. He explained that the top Of the waterfall will be below the top of the existing 8' perimeter wall and will not be seen off premises, as will all other features. yr• Pugliese addressed the matter of the spa and fountain within the rear setback and beyond the CCCL. He pointed out that this being ocean front property, it is natural to take advantage of the view and he did not feel it unreasonable to enjoy the view while sitting in the spa. southThe Board pointed out that the spa could be located farther to the , out of the setback, and enjoy the same view. Mr. Pugliese ised that the location of the spa in the center is in line with the breezeway and gazebo, which is more esthetically pleasing. filth regard to the moat within the rear setback, Mr. Pugliese advised teat this moat is only 3' deep and is a part of the pool house addition. stated that if he just dug a ditch and lined it with a plastic liner, Architectural Review & Planning Board q public Hearing - September 27, 2001 page 6 no variance would be needed. Instead, he preferred to construct a reinforced concrete liner like the other portions of the proposed moat. Attorney Randolph explained that installing the reinforced concrete would require a building permit and the moat would be classed as a structure. A ditch with a plastic liner would not require a permit and would not be considered a structure. Chairman Wheeler asked Town Manager Thrasher to present the staff recommendations. Mr. Thrasher advised that staff recommends approval of the Special Exception to allow extending the pool house into the 15' rear setback approximately 8' in that the Code recognizes the continuation of a nonconforming existing wall and this request meets the standards for approval. With regard to the three variance requests, Mr. Thrasher stated the staff recommends denial in that it was felt that a hardship had not been proven, and the request to exceed the maximum FAR by 2,401 square feet was excessive. While it is true that the residence sits on 2 lots, one of the primary objectives of the Design Manual is to address the impacts of larger houses on aggregated lots. Staff suggested options should be considered to reduce the square footage. The Town Manager advised that staff recommended approval of an AlA Corridor Permit to relocate the gates and install a paver driveway, Provided the play structure is moved out of the 50' setback. Mr. Thrasher reported that the staff recommended approval of the Level 3 Architectural /Site Plan with the following conditions: 1) The floor area shall be reduced by 2,401 square feet; 2) The rear spa and fountain Presently located within the rear setback would be eliminated or constructed outside of the setback line; 3) The t Y T^ moat presently located within the ea etback shall be constructed outside of the III setback e,4) The water feature stairs and slide s all be move the jll u s.i a required 15' setback; 5) Patios, decks and pools shall have no elevation I •' greater than 8" above p Provided indicating that 1' =tr this conditionlhassbeenemetrt6)nPool safety barriers shall be installed II to conform to current codes. ?0'In closing, Mr. Thrasher listed requirements that must be met Issuance to sra? prior of a Building Permit and he asked that they be made a part of the record. These are: 1) A f septic system must be a Beach County Health Unit; 2) Drainage Plans by I� a" ' shall beppreparedyandesealed a Registered Engineer demonstrating no adverse impact to the ProPerties; • adjacent 3) DEP coastal construction review and permit for construction �I all seaward of the 1998 CCCL along with a co of the approved construction drawings shall be permits and the 4) Emits j` necessary removaloagrdeement(s) with a4comDletercopy p PY of FDOT approved construction drawings shall 41 li be Provided to the Town; :r etc_ p ;gl Architectural Review & Planning Board public Hearing - September 27, 2001 page 7 5) A Construction Traffic Management Plan shall be submitted for review and approval by the Gulf Stream Police Department. a. SPECIAL EXCEPTION to permit the addition of a pool house to the existing structure with a nonconforming rear setback. Mr. Kent moved and Mr. Frankel seconded to recommend that the Special Exception be granted based on the finding that the standards for review have been met. Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Neeves; AYE and Chairman Wheeler; AYE. b. VARIANCES (1) To permit construction of a pool house and a two - story 3 car garage with staff quarters that would exceed the maximum permitted floor area ratio by 2,401 square feet. Based on previous discussion, Mr. Kent moved to recommend approval of a variance to exceed the maximum permitted floor area ratio by 1,201 square feet, provided the ceiling of the second story of the existing garage does not exceed 6;t' in height and all windows are covered on the inside to become a part of the wall, thus meeting the definition of an attic. The motion was seconded by Mr. Frankel. Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Neeves; AYE and Chairman Wheeler; AYE. (2) To permit construction of a spa /fountain within the required 15 foot rear setback and seaward of the rear property line and Coastal Construction Control Line. Mr. Kent moved to recommend that this request be denied in that there are other locations on the property for the spa that are in conformity with the Code. Mrs. Anderson seconded the motion. Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Neeves; AYE and Chairman Wheeler; AYE. (3) To permit construction of a moat that is located within the required Mr. Frankel moved to recommend thatthe variance be granted, observing that the moat is' below grade and not in opposition to the intent of the Code. Mr. Kent seconded the motion. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Neeves; AYE, Mrs. Anderson and Chairman Wheeler voted MAY, stating that they did not feel a hardship had been proven. c. NORTH OCEAN BLVD. OVRLAY DISTRICT PERMIT for the re- location eastward and replacement of the entrance gate, and resurfacing of the driveway with pavers. Mrs. Anderson moved and Mr. Frankel seconded to recommend approval of a North Ocean Blvd. Overlay District Permit to permit the relocation eastward and replacement of entrance gates, and resurfacing of the driveway with pavers provided the play structure is moved out of the 50' setback and that it cannot be seen from AlA. Roll Call: Mrs. Anderson; AYE. Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Neeves; AYE and Chairman Wheeler; AYE. }I Architectural Review & Planning Board public Hearing- September 27, 2001 page 8 r d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit: (1) Architectural renovations to existing Mediter- ranean Revival style structure. (2) Construction of an attached pool house and master wing with loggia, and a two story, 3 car garage with staff quarters above for a total of 8,495 square feet. (3) Relocation and replacement of entrance gate and installation of a paver driveway surface. (4) Construction of 2 swimming pools, moats, spas, swan ponds, waterfalls with grotto, 20' tunnel and playground equipment. Mrs. Anderson moved to recommend approval of the Level 3 Architectural /site Plan Review based on a finding that the proposed plans are consistent with applicable review standards, subject to the following conditions: 1) The floor area ratio shall be reduced by 1,200 square feet as provided in the granting of the variance; 2) The rear spa and fountain presently located within the rear setback shall be eliminated or installed to conform to the Code; he wa er feature !: stairs and slide shall be moved outside of the required 15' setback; 4) .1 - Patios, decks and pools shall have no elevation greater than 8" above grade and spot elevations s be rovided indicating that this condition has been met- ) Pool safety barriers s a e installed to co m o cu n codes; 6) Landscape material shall be installed to assure that none of the minor accessory structures and recreational structures and features shall be visible from State Road AlA or adjacent property. The motion was seconded by Mr. Kent. Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Neeves; AYE, and Chairman Wheeler; AYE. 3. An application submitted by Raymond Balassiano as Agent for Safwat Fahmy, owner of the property located at 2500 Avenue Au Soleil, Gulf Stream, Florida, which is legally described as Lot 53, Place Au Soleil Subdivision. V The Clerk administered the Oath to Raymond Balassiano, Richard Hasner ,: and Paul Horschel. a ;! Attorney Dittman, as agent for Mr. Fahmy, explained that the existing structure has an asphalt shingle roof. Extensive renovations are Planned, and have been approved, which include a new roof. He further O%Plained that the owner had wanted a barrel tile roof but the structure is not strong enough to support this material which led to a decision to a use a wood shake roof. Mr. Dittman stated that subsequent to the ±oy aPprovals Mr. Fahmy had discovered a rather new roofing material, W' 4anufactured by Dura -loc Roofing Systems, iTE'? barrel that has the appearance tile or wood shakes. He added that this is a lighweight of i anelized roofing system that will withstand 120 MPH winds and carries a warranty. Mr. Dittman reported that Mr. Fahmy will have very O%Pensive furnishings in the home and is anxious that they be protected. The owner does not believe that the roof that has been approved will lend the protection he is seeking for either himself or the furnishings. WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Town of Gulf Stream, Florida 33444 Telephone: (561) 265 -2666 Telecopier: (561) 272 -6831 E -mail: pmaugham @zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAFIER PAMI R. MAUGHAM November 17. 2005 Mr. William Thrasher Town Manager 100 Sea Road Gulf Stream, Florida 33483 Re: 3145 N. Ocean Blvd. Our File No.: PUGA056 Dear William: OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Bar Board Certified Real Estate Lawyer MICHAEL R. HARRIS L.L.M. (In Taxation) Via Hand Delivery Pursuant to Section 66 -170 of the Land Development Regulations of the Town of Gulf Stream, Florida ( "LDR "), this is an appeal to the Town Commission of Gulf Stream, Florida by an aggrieved party in writing directed to you. The action being appealed is the determination of the Town Manager regarding the entrance structure and the hardscape. The relief being sought is the finding that no variances are required for this site plan, there are no discouraged items and that the Level III Site Plan and North Ocean Overlay Permit be approved, or in the alternative, grant the variances, the Level III Site Plan and North Ocean Overlay Permit. At the ARPB meeting, the Town Attorney requested that this matter be heard at the December 9, 2005 Town Commission Meeting. Please confirm this date. Very truly yours, Pami Maugham, Esq. On Behalf of Appellant PRM:mmi cc: Mr. Anthony Pugliese (via telecopier) Mr. Warren Adams (via regular mail) Mr. Dan Carter (via regular mail) Michael S. Weiner, Esquire John Randolph, Esquire (via regular mail & telecopier) O:\PUGA056 \appeal letter 11- 17- 05.doc is:an rae 10011siu108 Town of Gulf Stream R nni *x *xx *aaax *a :aax * :raxx *a *xx * ** ACTIVITY REPORT aax xxxx *ax *xx * *aaxx *axxxa * *ax* ST. TIME CONNECTION TEL CONNECTION ID NO. MODE PGS. RESULT x12 /01 07:08 2742270 0400 TRANSMIT ECM 6 OK 02'0 x12 /01 08:55 19547774197 0401 TRANSMIT ECM 3 OK 00'2 x12/01 09:05 3523768393 5680 AUTO RX ECM 2 OK 00'3 x12 /01 09:08 8329390 0402 TRANSMIT ECM 2 OK 00'2 x12 /01 09:09 8329390 0403 TRANSMIT ECM 2 OK 00'2 *12/01 09:22 5681 AUTO RX G3 1 OK 00'5 *12/01 09:53 3523762235 5682 AUTO RX ECM 1 OK 00'2 *12 /01 10:03 5613550444 PBC INFORMATION 5683 AUTO RX ECM 5 OK 01'1 *12/01 11:13 6551980 0404 TRANSMIT ECM 3 OK 01'4 *12/01 11:47 6551980 0405 TRANSMIT ECM 1 OK 00'5 *12/01 12:01 279 4637 Harvel 0406 TRANSMIT ECM 1 OK 00'3 *12/01 13:02 13059443291 0407 TRANSMIT ECM 5 OK 02'4 *12/01 19:03 5684 AUTO RX G3 1 OK 01'2 *12/02 08:40 19093073083 0408 TRANSMIT ECM 3 OK 01'0 12/02 09:44 5861798 0409 TRANSMIT ECM 1 OK 00'2 12/02 09:46 5614786876 5685 AUTO RX ECM 1 OK 00'4. 12/02 13:49 2744995 0410 TRANSMIT ECM 1 OK 00'1 i 12/02 13:54 5686 AUTO RX ECM 2 OK 00'2' 12/02 13:55 2744995 0411 TRANSMIT ECM 1 OK 00'1; 12/02 14:31 2726831 0412 TRANSMIT ECM 6 OK 01'3; MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAFIER PAMI R. MALIGHAM November 16, 2005 Mr. William Thrasher Town Manager 100 Sea Road Gulf Stream, Florida 33483 Re: 3145 N. Ocean Blvd. Our File No.: PUGA056 Dear William: WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Town of Gulf Stream, Florida 33444 Telephone: (561) 265 -2666 Telecopier: (561) 272 -6831 E -mail: omauahamOzonelaw.c UO \� OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Bar Board Certified Real Estate Lawyer MICHAEL R. HARRIS L.L.M. (In Taxation) Via Hand Delivery Pursuant to Section 66 -145 and 66 -155 of the Land Development Regulations of the Town of Gulf Stream, Florida ( "LDR "), this is an appeal to the Town Commission of Gulf Stream, Florida by an aggrieved party in writing directed to you. We are providing you with the following information: 1. The action being appealed is the refusal of the Architectural Review and Planning Board ( "ARPB ") to consider the changes made to the applicant's plans which would remove any requirement for a variance, denial of the Class III Site Plan and North Ocean Overlay Permit and the variances which the ARPB insisted upon hearing. 2. The action was taken by the ARPB on November 16, 2005. 3. The basis of the appeal includes the following: a. The action taken by the ARPB was inconsistent with the Comprehensive Plan for the City of Town of Gulf Stream, Florida; b. The action taken by ARPB was inconsistent with the LDR's; C. The actions taken by ARPB were inconsistent with the laws of the State of Florida; d. The action taken by ARPB was contrary to the weight of the evidence presented at the meeting of October 19, 2005; 0:\PUGA056 \appeal letter 11- 16- 05.doc Letter to Mr. Thrasher Page 2 of 2 e. The relief being sought is the finding that no variances are required for this site plan and that the Level III Site Plan and North Ocean Overlay Permit be approved, or in the alternative, grant the variances, the Level III Site Plan and North Ocean Overlay Permit. At the ARPB meeting, the Town Attorney requested that this matter be heard at the December 9, 2005 Town Commission Meeting. Please confirm this date. Very truly yours, Pami Maugham, Esq. On Behalf of Appellant CIS i8TRTfl cc: Mr. Anthony Pugliese (via telecopier) Mr. Warren Adams (via regular mail) Mr. Dan Carter (via regular mail) Michael S. Weiner, Esquire John Randolph, Esquire (via regular mail & telecopier) 0:\PUGA056 \appeal letter 11- 16- 05.doc PREPARED BY and RETURN T0: Feb -15 -2801 02:04pr 01-059511 ORB 12317 Pp 1405 Roger M. Pomerance, Esq. Con 9,608,000.08 Doc 66,688.88 Roger M. Pomerance, P.A. IIINNNNNNNNNIpHINNININgNNNNINN 1900 N.W. Corporate Blvd. Suite 201E, East Building Boca Raton, Florida 33431 RECEIVED Parcel Folio Nu er: 20- 43- 46- 03 -08- 000 -00310 Grantee TIN: � �/2 0937 AUG 2 3 2801 General Warranty Deed -t-ow d C9uff &ream PL &Wd fv aPrtywit This General Warranty Deed, made the 1 3 th day of February, 2001, by BARRY FLORESCUE and RENATE FLORESCUE, husband and wife, having a mailing address of 50 East Sample Road, Pompano Beach, FL 33064 (hereinafter called the "Grantor ") , to ANTHONY V. PUGLIESE, III, a married man, having a mailing address of 2500 Military Trail, Boca Raton, FL 33431 (hereinafter called the "Grantee "). [Wherever used herein the terms "Grantor" and "Grantee" include the parties to this instrument defined .above and each of their respective successors and assigns.] WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and No /100 ($10.00) Dollars and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain real property lying, situate and being in Palm Beach County, Florida and more particularly described as: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF [Hereinafter called the "Property "] The Property is conveyed subject to taxes for the year 2001 and all subsequent years, which are not yet due and payable; and all easements, reservations, exceptions and restrictions of record, provided that the reference to said matters herein shall not reimpose same. TOGETHER with Fall the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND Grantor hereby covenants with Grantee that, except as noted above, at the time of delivery of this Warranty Deed, Grantor is lawfully seized of said land in fee simple, that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said land and will defend same against the lawful claims of all persons whomsoever. 1 tP 12317 Pg 140E, General Warranty Deed - continued- In Witness Whereof, Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: / [Signature of Witness]�+�q gal', S. C-01 1 Y� [Pri, �d_!j=e of,-Witne4sj [Signature of Witte 7e V /` A,',r1/ /�. [Printed W me f'Witness] [As to Both] STATE OF FLORIDA COUNTY OF Pise_,A�, kv TEIFLORESCUE I HEREBY CERTIFY that, on officer duly qualified to take appeared BARRY FLORESCUE and RENATE known to me arw,h__ r dueed e7 -- - dentificati-on, and instrument and acknowledged before me for the purposes set forth therein. this day before me, an acknowledgments, personally FLORESCUE who are personally who executed the foregoing that they executed the same WITNESS my haTid and seal in the County and State last aforesaid this/�3T /day of February, 2001. My Commission expires: Print Nam : Nota I I Com ssion No.: 2 o, H A. hicke Comm don.* 00 819128 Baplms Jane A 2000 Bonded Thre u,o Atlanta Boodlog Cu., Ina F 12317 Pg 146'7 DOROTHY H. WILKEN, CLERK PB COUNTY, FL LEGAL DESCRIPTION EXHIBIT "A" That certain property lying and being in Government Lot 2 in Section 3, Township 46 South, Range 43 East, more particularly described as follows: Bounded on the North by a line parallel to and 4.5 feet Southerly from, measured at right angles to the North line of Lot 3 of Gulfstream Ocean Tracts, according to the Plat thereof, recorded in Plat Book 16, Page 81, Public Records of Palm Beach County, Florida; bounded on the East by the waters of the Atlantic Ocean; bounded on the South by the line between Lots 2 and 3 of the aforesaid Gulf Stream Ocean Tracts, and bounded on the West by the Easterly Right -of -Way of Ocean Boulevard (State Road AIA). Together with an easement recorded in O.R. Book 6216, Page 215; as re- recorded in O.R. Book 6231, Page 1642, Public Records of Palm Beach County, Florida, for the purpose of landscaping, wall and/or landscaping maintenance, over, under and across as follows: The North 10 feet of the North 125 feet of Lot 2, Gulfstream Ocean Tracts, Plat Book 16, Page 81, in Section 3, Township 46 South, Range 43 East, said Lot 2 more particularly described as follows: Bounded on the North by a line between Lots 2 and 3 of Gulfstream Ocean Tracts, according to the Plat thereof, recorded in Plat Book 16, Page 81, Public Records of Palm Beach County, Florida; bounded on the East by the waters of the Atlantic Ocean; bounded on the South by the line parallel to and 125 feet Southerly from, measured at right angles to the line between Lots 2 and 3 of the aforesaid Gulf Stream Ocean Tracts, and bounded on the West by the Easterly Right -of -Way line of Ocean Boulevard (State Road AIA). MAY 11,2005 18:01 561269918 COITPANY v:,. 11, 7110i List 0 /nri(lbhnrc lillhin i111I i. rr .,lulhn {n .0 Laura Prg ?li eve _ ilJ5 A. 0,•eunhh•d. G,nliar nnh nrl,Iibons north ; ,in;! ci,ud, 81nuv the hrac6 3 .2 6 s : '1 16$ N. i n:rah I\1a1611 S. artdn'y Sch,cel'l. (o o & 3 2'A j r 1.!23 N.Occan l iNa I.evttcK2 6a / 1224 N ;211 N', Ocon Waddatl unnrocl. S%o 3145 - .......... ._ 4;-(p y 3 /h0 i 31 /I ;111 P•. Urr;m Rnha'I :�lrrcl �-- sg7 lntn u On-:111 .- r� „r' r ,�• i ;,It,.:, il,c .ia. „bn, s�f b 29 5 77;;? N. lean 1'alai Horid:, l.l.0 S�fx 41 a, IILlr Will) W 111-111110B tNn'ih .ulnh on w,:.1 "Id” nl. Oleall 111 V d 3 2 6 .;.!rcti v i n•,:au Scle,, fi tan i;aueall 9 )2 3 2 r(°u/ . :.,:1.1 V ovt. n `vanll 1. h',:�,n ,.,,�nlp I.I.I' (00'2.• �i 21 1 1224 N f.ln \ LILn,I ,: u;n,a; 57840 3/1Y ;I`'an,llrr;,n- \LuIrtnIL)en?n, 4;-(p y 3 /h0 i 31 10 N. Ucc.w Willl;ml 1':14.,a' SL 3 3030 lntn u n,, .... - rlorl k h1,r iu llculi S's Z 3o/ 9- : ;n15 111 CII, 1 nrlyue t'rlava -5341 Sow % awnln Cn V :In- 166t;IttCillall,Lh.101WIIV- $31 3-X3 z , . • , 4 &, l-- c �—r, 59 6 ,!I:in,.]IJ. .,I, ql.:c :,;h•q' I'.es..t4.. I 1 im:l (!'ni'I };14;4 ?n -W, FqY:, (',,�' I I JJO int)l MAY il,tJJ, 12:19 Pay+ :: Page 5 THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Kristi Morrow, who on oath says that she is Customer Service Supervisor of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a Notice in the matter of Development Approval was published in said newspaper in the issues of November 24. December 4. 2005. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she /he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before 5' day of Dece ber, A.D. 2 5 Personally known XX or Produced Identification Type of Identification Produced to..' omlula CDD854 b g- ?Fspim: Nov. 15, 2008 ?R ri eaadw rlw 'r•.,n" Adaadc Buedt sca, loo 11/18/2005 16:06 FAX 15617370188 Town of Gulf Stream R10oi 9::6: 63339: 3: r.: 633a:9:•9:9:9::u3a:9::6319:3•x. :611 ACTIVITY REPORT 331118::1:3:619::1:39: �:: {:11:6:1::1:33:6:61 ST. TIME CONNECTION TEL CONNECTION ID NO. MODE PGS. RESULT :611/17 09:33 7327024 VILLAGE OF GOLF 0370 TRANSMIT ECM 1 OR 00'36 9:11/17 09:35 7327024 VILLAGE OF GOLF 0371 TRANSMIT ECM 1 OR 00'26 :611/17 09:46 2742270 0372 TRANSMIT ECM 1 OR 00'25 9:11/17 12:39 5613550444 PBC INFORMATION 5620 AUTO RX ECM 4 OR 00'52 111/17 14:41 5616403400 5621 AUTO RX ECM 2 OR 00'44 :611/17 14:56 19547392247 KIMLEY HORN 5622 AUTO RX ECM 8 OR 02'17 9:11/17 15:28 650 0465 Skip 0373 TRANSMIT ECM 1 OR 00'18 9:11/17 15:55 5623 AUTO RX ECM 3 OR 01'05 9:11/18 07:30 7126464 0374 TRANSMIT ECM 2 OR 00'32 :611/18 07:31 7126464 0375 TRANSMIT ECM 1 OR 00'18 9:11/18 07:44 5612742270 5624 AUTO RX ECM 6 OR 01'43 :1:11/18 10:00 3523768393 5625 AUTO RX ECM 1 OR 00'29 9:11/18 10:03 561 641 0990 5626 AUTO RX ECM 1 OR 00'23 111/18 10:12 561 737 7355 5627 AUTO RX ECM 1 OR 00'39 9:11/18 10:27 561 820 4407 5628 AUTO RX ECM 1 OR 00'20 :611/18 10:41 5629 AUTO RX ECM 1 OR 01'22 9:11/18 13:15 5630 AUTO RX ECM 2 OR 01'14 :611/18 14:28 561 478 0326 5631 AUTO RX ECM 2 OR 00'56 9:11/18 15:57 650 0465 Skip 0376 TRANSMIT ECM 1 OR 00'24 11/18 16 :06 820 43401P B Post Legal 0377 TRANSMIT ECM 110K 00'24 MAY 06,2004 10:44 Carter and Assoc. L.A. 561 -266 -9918 CARTER &ASSOCIATES Landscape kchhec[s, Inc. 70 N I ill, Awnu, 11:Iuq Ikn�b I kq'du. 11 IM I'Imnc VJ ?P -VIII Pm SM1I4Lfr- -'171N iJlIJ �+ 'I own of Gulf Stream c/o Mr William Thradel Ion sea (toad Gultytream, FI. 33491 Re PlJGl.lrsr: RESIDENCE Ptyeci Description (Sect. III A. b) Dear Mr 'I brasher, 'I he project involves the relocation of the "Water- Feature Systcni' (waterfall, water - slide. boulder retaining walls, etc. ), to the 15 H. side set -back area The revised Site Plan, and Landscape plans Indicate that only landscape related materials (rill. boulders, and plant nmterinls) will be installed within the side set -back area The landscape plans, f r-r its arca, have been designed to eliminate any negative impact on the adjacent property. To accomplish this the plans indicate the following materials will be installed in the affected arca, A. 94 - Tree's Rr. palms (sizes ranging From 12 Il. to )Ofi ... in height) H. A o -7ff hedge, at the property line C Various shrubs, plant; & gtouud- covers (in excess of 900 plants) Equally important lift the buffering of this area, are the existing trees (Seagtape), and palms (Cucunuts) locmed on the northern properly line, of the adjacnmprupcliy within the Water- Fcalure System area These existing materials are malute in size (15.40R oil height), and provide an additional buffer ( / -90% opaque) The Water- Fcature System is to be filled, at vnriuus level in provide adequate soils fur the installation of plant materials within the System Houlder retaining walls have been designed to provide multiple levels, for aesthetic purposes within the System As a Idc safety issue, the fill level at the existing perimeter wall, has been kept 4 (fit,,) feel down from the lop of the perimeter will] This height complies with the pool barrier safety issue. With respect to drainage ofsurface walcr All surface drainage shall be retained ou -site We will modify the site drainage plans acemreingly. Page 2 .a � i �T •�J t r �!I �1 :. i ol fj f ' IZ I� 5 I I — c- n �I- J'DY a Yro 0 0 a eW ( Gh t V4wop , �q .tea E� Eiise mg e0e q '❑ Y III ro T9 C INTER -OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN CLERK R]TA TAYLOR DATE: December 2, 2005 TO: Town Commissioners RE: Material covering the Appeal of the Administrative Official Inasmuch as this appeal-is in regard.to the Application for Development Approval at 3145 N. Ocean Blvd.,which is also being heard on this agenda, we did not feel it necessary to copy a second set of drawings and related items to go with the Appeal. When the Development.Application was reviewed by staff, it was determined that in order to construct the improvements requested, variances would need to be granted and discouraged items approved thru the process established by'Code. The applicant feels this determination was incorrect and is appealing this decision. Please refer"t -o the drawings and related material in the Development Approval packet when reviewing the Appeal application. If you have any questions., please give us a call. vim. ����� T Cn Om �m mm> D� ,= m �X 90 Cl) �W DO x 0 �m z 0 CO C) n v m D 0 2 m A m z v e CD m ov z c F Im� •� ` b BI% I •S: iY �7 n: 7C. I I �� I _ Lr✓ __ ° V/ NI F W ki. > Iv I I YX I —� UP JUP b t Y �• I r>wI 0 '� � f � > J f7Z I :Yr I •, EUP •Y'UP P zf I4 I P Y1 00 I I I �'>�'1 P� — ,I pp 16PP Y t^ 9 I 1 I y! 1 UP I �E P ryz W t. A;41L. "� Y(� ot I ; �. f ♦: �{, •. 1 /\ ®fig® _ e � �V t U�� j •f 6 8 a .i �p� al( \'_•by.k-- C- _—�aa� Vol Ilu'l ,�� eX `�,� `.. ;2.p "'rt- '1N`( /y „�SS�:::111JJJJ l �!` ' 11 �yJ� y1 ,I��t x(1.1016'. �5 xii _ .,'I';j _ ` {'>Y• X13•. /1.1 `, �1� 1 �l. %1:i oo f.J 1� (j 1 w 3 ,, I WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Town of Gulf Stream, Florida 33444 Telephone: (561) 265 -2666 Telecopier: (561) 272 -6831 E -mail: pmaugham @zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAFIER PAMI R. MAUGHAM November 17, 2005 Mr. William Thrasher Town Manager 100 Sea Road Gulf Stream, Florida 33483 Re: 3145 N. Ocean Blvd. Our File No.: PUGA056 Dear William: OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Bar Board Certified Real Estate Lawyer MICHAEL R. HARRIS L.L.M. (In Taxation) Via Hand Delivery Pursuant to Section 66 -170 of the Land Development Regulations of the Town of Gulf Stream, Florida ( "LDR "), this is an appeal to the Town Commission of Gulf Stream, Florida by an aggrieved party in writing directed to you. The action being appealed is the determination of the Town Manager regarding the entrance structure and the hardscape. The relief being sought is the finding that no variances are required for this site plan, there are no discouraged items and that the Level III Site Plan and North Ocean Overlay Permit be approved, or in the alternative, grant the variances, the Level III Site Plan and North Ocean Overlay Permit. At the ARPB meeting, the Town Attorney requested that this matter be heard at the December 9, 2005 Town Commission Meeting. Please confirm this date. Very truly yours, Pami Maugham, Esq. On Behalf of Appellant PRM:mmi cc: Mr. Anthony Pugliese (via telecopier) Mr. Warren Adams (via regular mail) Mr. Dan Carter (via regular mail) Michael S. Weiner, Esquire John Randolph, Esquire (via regular mail & telecopier) 0:\PUGA056 \appeal letter I1- 17- 05.doc va1ao1=1 •wy�au.sav1v WNSCISSZI MS MIVM1 i sl0911H33av LL L I_A O W S 4 v a N v 8 I�IIIIIII��IIU�IIIIIII�I�I�'I� Milli 1111 afllmRl o�0000000iowo�on�0000��o���n��Inn sl0911H33av LL L I_A O W S 4 v a N v 8 $o� W N N Z LM Ct) 0 G 3 � i, oa dK^ NV300 OLNV-1ld 3 J �W U� 44U11 U> z D Z N � �s W UIL O 1? ig i i I ��8 I•ia1,q cua�o�nzy =�z �—`rci mac. vaiao-zl'wv3?dis�nD 3ON OSMa i asei -lVnc=i 0 E W Cw 4_- U o W a o 0 sT13aIIH3HCr I I a a a r a t i T g i� 3 s ' a UI m 3� a m -, i i i i i i i4 i i i i i i i i 7 •--i C6 Q' 5O WASJHd�nn!K�l'?Tl\ i LL9L-L9L (IY6) 'Id'witivN vaiao�d 'wvaalsd�r� a�Naais�� as�in�nd W Cj _> N _� W U ° W Q 0 o 0 0 66L cw (195) bb � YJY RVA-0 Io v uo w N L s 1 a a 1 1 9 a a V lAdols Z a v a a v a $ n � 'ZQ 6U0151/�3ZJ LL9L-L9L (IY6) 'Id'witivN vaiao�d 'wvaalsd�r� a�Naais�� as�in�nd W Cj _> N _� W U ° W Q 0 o 0 0 66L cw (195) bb � YJY RVA-0 Io v uo w N L s 1 a a 1 1 9 a a V lAdols Z a v a a v a $ n � g w 0. WNISM al� ❑f_ N Bad ® —ales' a� I 1 A • e�lsa X �� kip Ic�i � A o ,I�f �'� .�.•:.; - Cc k Jt O E �M® �L an,e avjv an.c I - � a, c I � I I !l W o� f r; LL t7 g CN IT�J I O i� 61 O ad I an,e avjv an.c I - � a, c I � I I !l W o� f r; LL t7 CN IT�J I O t It's a I I I !l W o� f r; LL t7 CN IT�J I O Ott- u-b- W o� f r; LL t7 � NOTICE IS HEREBY GIVEN that the Town Commission, sitting as the Board of Adjustment of the Town of Gulf Stream, will hold a Public Hearing on Friday, December 9, 2005 at 9:00 A.M. in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An appeal of the administrative decision by the Town Manager in relation to an Application for Development Approval submitted by Carter & Associates, agent for Anthony Pugliese, owner of the property located at 3145 N. Ocean Blvd., Gulf Stream, Florida that: 1. A VARIANCE from the provisions of Section 70 -187 of the Code of Ordinances must be applied for and approved in order to construct the arched entrance feature that is shown as 1718" in height. 2. A VARIANCE from the provisions of Section 70 -74 (3) must be applied for and approved in order to place a large fountain within the front yard setback area. 3. The following are "discouraged" features a. Deco Metal Chain, tile inserts, wall niches, 4 twisted entrance columns, wall frieze, gargoyles and extensive molding on the front wall. b. The entry feature with excessive height is inconsistent with the neighborhood character. c. The entry feature is inconsistent in architectural style. The Town Commission shall make a final decision regarding the subject application at the hearing noticed above. The hearing may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M, ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Town Commission, sitting as the Board of Adjustment, of the Town of Gulf Stream at the time and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION SITTING AS THE BOARD OF ADJUSTMENT, WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING, 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. 286.0105, F.S.S. Dated: November 18, 2005 TOWN OF GULF STREAM, FLORIDA Publish: Palm Beach Post November 24, 2005 r /�/ December 4, 2005 j� Rita L. Taylor, Town Clerk THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Kristi Morrow, who on oath says that she is Customer Service Supervisor of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a Notice in the matter of Development Approval was published in said newspaper in the issues of November 24. December 4. 2005. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she /he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before 5h day of Dece ber, A.D. 2005 �j Z4Ubg7� I Personally known XX or Produced Identification Type of Identification Produced "NUmmiuloB DM9 66 ;:•.�:: `Erp ra: NOV. 15, 2608 Ladw 71u. ' " „nn••` AUcaUc Baod1atco.,lao MRY.19.2004 e:55PM JONES FUSIEK JOHNSIUN K SIUHbS NO. btb Y.1 /1 TONES FOSTER JOHNSTON 8t STUBBS P.A. Attorneys and Counselors John C. Randolph, Esquire Direct Dial: 561 -650 -0458 Direct Fax: 561- 650 -0435 E -Mail: irandolph@jones- toster.com May 19, 2004 Ms. Rita Taylor Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream Florida 33483 Flagler center Tower, Suite 1100 505 South Flagler Drive West Palm B3 Uh, Florida 33401 Telepbone (561) 659 -3000 Ffarling Addresr post Office Box 3475 West Palm Beards, Florida 33402 -3475 VIA FAX: 737 -0188 Re: Town of Gulf Stream Anthony Pugliese Our File No. 13147.1 Dear Rita: This will confirm our conversation of yesterday in regard to the Pugliese matter. The plans you forwarded to me show structures, in the form of large boulders which are artificially built up, that encroach within the required setback. As noted in our conversation, the definition of structurL-shall mean, among -other things, "any piece of work artificially built up." Therefore, in�order for the plans to be approved as submitted, it would be necessary for a variance to be applied for and approved. Sincerely, JONES, FOSTER, JOHNSTON & STCJBBS PA John C. Randolph JCR/ssm www.jones foster.com §A�11111lw NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Town Commission, sitting as the Board of Adjustment of the Town of Gulf Stream, will hold a Public Hearing on Friday, December 9, 2005 at 9:00 A.M. in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An appeal of the administrative decision by the Town Manager in relation to an Application for Development Approval submitted by Carter & Associates, agent for Anthony Pugliese, owner of the property located at 3145 N. Ocean Blvd., Gulf Stream, Florida that: 1. A VARIANCE from the provisions of Section 70 -187 of the Code of Ordinances must be applied for and approved in order to construct the arched entrance feature that is shown as 1718" in height. 2. A VARIANCE from the provisions of Section 70 -74 (3) must be applied for and approved in order to place a large fountain within the front yard setback area. 3. The following are "discouraged" features a.Deco Metal Chain, tile inserts, wall niches, 4 twisted entrance columns, wall frieze, gargoyles and extensive molding on the front wall. b. The entry feature with excessive height is inconsistent with the neighborhood character. c. The entry feature is inconsistent in architectural style. The Town Commission shall make a final decision regarding the subject application at the hearing noticed above. The hearing may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Town Commission, sitting as the Board of Adjustment, of the Town of Gulf Stream at the time and place aforesaid and be heard. SHOULD ANY INTERESTED THE TOWN COMMISSION RESPECT TO ANY MATTER WILL NEED A RECORD OF NEED TO INSURE THAT A WHICH RECORD INCLUDES APPEAL IS TO BE BASED. Dated: November 18, Publish: Palm Beach November 24, 2005 December 4, 2005 PARTY SEEK TO APPEAL ANY DECISION MADE BY SITTING AS THE BOARD OF ADJUSTMENT, WITH CONSIDERED AT THE PUBLIC HEARING, SAID PARTY THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY VERBATIM RECORD OF THE PROCEEDINGS IS MADE, THE TESTIMONY AND EVIDENCE UPON WHICH THE 286.0105, F.S.S. 2005 TOWN OF GULF STREAM, FLORIDA Post n Rita L. TaylorRita L. Town Clerk /C(((---1 //leri Town of Gulf Stream G. Projects Requiring a Variance (Code Section 66 -150 through 157) IV.G.1. From what specific Zoning Code regulation is a variance requested? Level III IV.G.2. What does the Zoning Code require for this specific site? IV-G.3. What is IV.G.4. What is the total variance requested? IV.G.S. The following 8 mandatory variance findings from Section 66 -154, must be addressed: (Attach additional sheet if necessary.) (1) What special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district? (2) Did the special conditions and circumstances result from the actions of the applicant? ❑ Yes ❑ No (3) Will granting the variance confer upon the applicant any special privilege that is denied by the Zoning Code to other lands, buildings, or structures in the same zoning district? ❑ Yes ❑ No (4) How would a literal interpretation of the provisions of the Zoning Ordinance deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the same terms of the ordinance and work unnecessary and undue hardship on the applicant? (5) Is the variance requested the minimum variance that will make possible the reasonable use of land, building, or structure? ❑ Yes ❑ No (6) Will granting of the variance permit any prohibited use to be established or re- established: ❑Yes ❑No (7) Is the requested variance consistent with the goals, policies, and objectives of the future Land Use Map of the adopted Comprehensive Plan? ❑ Yes ❑ No (8) Will the variance be in harmony with the general intent and purpose of the Zoning Ordinance and not be injurious to the area involved or otherwise detrimental to the public welfare? []Yes ❑ No Application for Development Approval Form ADA.2000 revised 6/8/00 Page 6 FAX Cover Sheet TO: Attorney Randolph Phone: Fax Phone: Date: 5 -17 -04 8 Number of paces including cover sheet: Rita FROM: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33=453 Phone: 561 -276 -5116 Fax Phone: 561 -737 -0133 REiVLkRKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP With regard To Pugliese "mess ": Please find enclosed a portion of minutes from ARPB 9- 27 -01. I have circled the parts that seem to apply. Also enclosed is a copy of the site plan that is a result of these minutes, a copy of the new site plan with the area in question clouded and a copy of the proposed new site plan with grade and spot elevations shown. If there is any of this you can't read, give me a call and I will attempt to convey from what I have. Thanks much. Originals to Follow by Mail: Yes _ CC: Fax Phone: No