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HomeMy Public PortalAbout23 Hidden Harbour Drive - O'Boyle 05-10-2019TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS SCOTT W. MORGAN, Mayor THOMAS M. STANLEY, Vice -Mayor PAUL A. LYONS, JR. JOAN K. ORTHWEIN DONNA S. WHITE April 20, 2019 Martin E. O'Boyle 23 Hidden Harbour Drive Gulf Stream, Florida 33483 Dear Mr. O'Boyle: Telephone (561)276-5116 Fax (561)737-0188 Town Manager GREGORY L.DUNHAM Town Clerk RITA L. TAYLOR CERTIFIED MAIL 7012 3050 0000 2096 4405 This is to advise that your Application for Appeal of Final Action of The Planning & Building Administrator will be heard by the Board of Adjustment during the Regular Meeting of the Town Commission that will be held on May 10, 2019 at 9:00 A.M. in the Town Hall, 100 Sea Road, Gulf Stream, Florida 33483. This is also to confirm that the required fee of $400.00 was received via Check #1590 signed by Sheila L. O'Boyle which was enclosed with the Application. Very truly yours, Rita L. Taylor Town Clerk CC: William Ring 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Cr!', 0 3 W OD C- c N O_ CD Z v W O N O O CO 5, co Ra ru (.0 e ® - w (D C7®._ .A - Q j ® F -,-- Ln Ln N Q 4�- N Q 'n c 03D ni Q N Q C9 I ID � C✓ m Q l.r ❑❑❑❑❑M❑❑S �o35c�n�f�DD @.d. p p p'. p C c m m m ig� m, as 5 D m n ® CL c m m O, 4 m m ❑ ❑ ❑ ❑ ❑ m t0 c9 ®Zcg.o. g P1 N ? j m tlN 4 O C C m m O m m a� N m O. a 00 7 ? N V w N W 3 E m S R. w N � 7 O i 44 r r G7N> r-+ W oa o n r � O N •+ _0 HH nCD?it CnCJ� N —Cn m H d ,bCrJCrJ o a:3 tSJ�• o rnp �' p C3 0CD CD .0cr 3 FD (D CD n O r rr CD O U) W 3 O C r:y Oo (D W n r su a: �-n x rt J n cna� O rta �i i su a: J n e^a O �i N H H m t;�► O H Ln M "`8 m uj - ;r, Nd > -1 pal to O r F- -! fil 110 � cn C7 O Ln r7 itt LA 8'�I SLF f1J W C3 Ln O RJ Ir -C CS —� Lri J n e^a O N H H w '=i O H Ln M O d O O O r N O 110 � cn O Ln COMMERCE GROUP May 7, 2019 VIA — EMAIL TELEPHONE: 561-276-5116 Town of Gulf Stream C/O Rita L. Taylor, Town Clerk 100 Sea Road Gulf Stream, FL 33483 Re: Appeal — Martin O'Boyle - Site Plan Application - Revision — 23 Hidden Habour Drive — O'Boyle Dear Rita: Thank you for your letter dated May 7, 2019. Please let this letter confirm my request to postpone the O'Boyle Appeal currently scheduled to be heard by the Towns' Board of Adjustment on May 10, 2019. Also, I am confirming that we are requesting the O'Boyle Appeal to be moved to the next scheduled Board of Adjustment meeting which I understand is June 14, 2019; and as long as we are heard on that date (or such other date as may be mutually agreeable) we are waiving the requirements that the appeal be held on a timely basis. As always, thank you for your kind cooperation. Sincerely yours, COMWERCE REALTY GROUP, INC. (&4 William Ring Vice President Real Estate and Development Telephone: 954-570-3510 www.commcme-&roup.com TEL.954.360.7713 • FAX.954.36o.osw 1280 WEST NEWPORT CENTER DRNE DEERFIELD BEAcH, FLORIDA 53442 CommERcE GRouP May 7, 2019 VIA — EMAIL TELEPHONE: 561-276-5116 Town of Gulf Stream C/O Rita L. Taylor, Town Clerk 100 Sea Road Gulf Stream, FL 33483 Re: Appeal — Martin O'Boyle - Site Plan Application - Revision — 23 Hidden Habour Drive — O'Boyle Dear Rita: Thank you for your letter dated May 7, 2019. Please let this letter confirm my request to postpone the O'Boyle Appeal currently scheduled to be heard by the Towns' Board of Adjustment on May 10, 2019. Also, I am confirming that we are requesting the O'Boyle Appeal to be moved to the next scheduled Board of Adjustment meeting which I understand is June 14, 2019; and as long as we are heard on that date (or such other date as may be mutually agreeable) we are waiving the requirements that the appeal be held on a timely basis. As always, thank you for your kind cooperation. Sincerely yours, COMIA4ERCE REALTY GROUP, INC. 04 William Ring Vice President Real Estate and Development Telephone: 954-570-3510 www.commcmc-group.com TeL.954.360_7713 • FAX-954.36omo7 1280 WEST Nmpoxr Cwm DRIVE• DEERnuD B&AcK, Ropi A 53442 COMMERCE GROUP .E - meo 0aconunerce-group.com Direct Dial Telephone #954-570-3505 April 15, 2019 VIA CERTIFIED MAIL # 7o1� logo 0000 7813 4o37 VIA EMAIL: rtavlor(�)gulf-stream.or- TELEPHONE #561-276-5116 Town of Gulf Steam loo Sea Road Gulf Stream, FL 33483 Attn: Rita Taylor, Town Clerk Re: Notice of Default - Settlement Agreement dated July 26, 2013 (the "Settlement Agreement") Dear Rita L. Taylor, Clerk: By this letter, Martin E. O'Boyle hereby provides notice that your continuing refusal to approve the construction of the Promenade as shown on the attached Site Plan (dated 10/5/18, last revised 2/20/19 with Promenade Revision (the "Promenade Plan")) constitutes a breach in your obligations of the Settlement Agreement. Please allow this correspondence to serve as the Town's Notice of Default pursuant to the Settlement Agreement. You have an opportunity to cure this default within ten (1o) days from the date of this letter by approving the Promenade Plan. Should you fail to cure the default as aforesaid, I will pursue all available legal and equitable rights and remedies; and all rights and remedies available to me under the Settlement Agreement. Considering the foregoing, we urge you to promptly (and within ten (1o) days) approve the Promenade Plan. Sincerely yours, Martin E. O'Boyle Cc: Joanne O'Connor via Certified Mail #7013 1090 0000 7813 4020 William F. Ring via Email www.commerce-group.com TEL. 954.360.7713 . FAX. 954.360.0807 1280 WEST NEWPORT CENTER DRIVE, DEERFIELD BEACH, FLORIDA 3 Ln U r d w O �, +" IELli Cr- V LnQ m b cc `� n� 8TOZ/S/OT 13S 1IW'd3d } �® l a a z \ o � 6 N SPtDl utt/tl/t '4]�MW� 9 1n wladz •vxn Cn�os areo P uIGVJ n�wr Tn utn�u uYermo w n xr. rnio b �u�xmvu '�uimzc� s+ a)uoPz yr zunz zw � GtAnpz zpvn 4�M }moi P 4z)N4 M H Iz)+2m IIu aa�aaaaa 1 I S E C ryyryp tt@ LY ttg eeg r �s N SPtDl utt/tl/t '4]�MW� 9 1n wladz •vxn Cn�os areo P uIGVJ n�wr Tn utn�u uYermo w n xr. rnio b �u�xmvu '�uimzc� s+ a)uoPz yr zunz zw � GtAnpz zpvn 4�M }moi P 4z)N4 M H Iz)+2m IIu 1 I F E g� �s dati N SPtDl utt/tl/t '4]�MW� 9 1n wladz •vxn Cn�os areo P uIGVJ n�wr Tn utn�u uYermo w n xr. rnio b �u�xmvu '�uimzc� s+ a)uoPz yr zunz zw � GtAnpz zpvn 4�M }moi P 4z)N4 M H Iz)+2m IIu G Q |o5 \ / .- �. § . m .m - _ Md|( § @ �.§ a •� o .� |z o roe G o 7 .. .. , d w A f G Q \ / G @ roe G o 7 d w A f \ 2 y 6 = 00 'J 2 . 7\�/�� _ §/g G -n � _ [», ` _x ®\ , . §=�-2 /a � ! 'l\i CO 0 /\ ��� Rita Taylor From: Michelle Melicia <mmelicia@commerce-group.com> Sent: Monday, April 15, 2019 12:01 PM To: Rita Taylor Cc: William Ring; Martin E. O'Boyle Subject: DEFAULT Letter to Gulf Stream 4.15.2019 AS SENT Attachments: DEFAULT Letter to Gulf Stream 4.15.2019 AS SENT .pdf Hello Ms. Rita Taylor, Please see the attached letter from Mr. O'Boyle that was also sent via Certified Mail today 4.15.2019. Thank you, Mt�c�� McC� Commerce Group 1280 West Newport Center Dr. Deerfield Beach, FL 33442 Direct: 954-834-2203 Main: 954-360-7713 Fax: 954-360-0807 Email: mmelicia@commerce-group.com COMMERCE GROUP - meoP commerce -group. corn Direct Dial Telephone #954-570-3505 April 15, 2019 VIA CERTIFIED MAIL # 7o1n logo 0000 7813 40-17 VIA EMAIL: rtaylorPgglf-stream.org TELEPHONE #561-276-x116 Town of Gulf Steam loo Sea Road Gulf Stream, FL 33483 Attn: Rita Taylor, Town Clerk Re: Notice of Default - Settlement Agreement dated July 26, 2013 (the "Settlement Agreement") Dear Rita L. Taylor, Clerk: By this letter, Martin E. O'Boyle hereby provides notice that your continuing refusal to approve the construction of the Promenade as shown on the attached Site Plan (dated 10/5/18, last revised 2/20/19 with Promenade Revision (the "Promenade Plan")) constitutes a breach in your obligations of the Settlement Agreement. Please allow this correspondence to serve as the Town's Notice of Default pursuant to the Settlement Agreement. You have an opportunity to cure this default within ten (1o) days from the date of this letter by approving the Promenade Plan. Should you fail to cure the default as aforesaid, I will pursue all available legal and equitable rights and remedies; and all rights and remedies available to me under the Settlement Agreement. Considering the foregoing, we urge you to promptly (and within ten (1o) days) approve the Promenade Plan. Sincerely yours, Martin E. O'Boyle Cc: Joanne O'Connor via Certified Mail #70131090 0000 7813 4020 William F. Ring via Email vAwix .commerce-group.com TEL 954.360.7713 . FAX 954.360.0807 1280 WEST NEWPORT CENTER DRIVE, DEERFIELD BEACH, FLORIDA 33442 ®1||||| ■ �|■■�§■■| ■! |1•. | | jI § | oil sip, ! £ ` 9 1|" =;■ � �| 2■!§ ■ ■ �|■■�§■■| | | || § | # £ ` 9 1|" =;■ � a { | \ © ' | \ k` � � � ■ ( : . �, ` , . PERMIT SET IO/S/2018 §§»> § n `, 6)0 �. m = . � $ §§ _ ;{■! : �� 32 fj(>qm !27!|tA � APPLICATION FOR APPEAL OF FINAL ACTION OF PLANNING & BUILDING ADMINISTRATOR Date of Application April 9, 2019 I. Project Information Owner Name: Martin E. O'Boyle Owner Signature: Project Address Fee: $400.00 23�Kidden'H-2 hour Dr. Gulf Stream, FL 33483 Project Property Legal Description Lot 5, Hidden Harbour Estates Project Description as Requested (describe in detail) On 3/11/19 Owner submitted required fee, Building Permit Application and Site Plan (dated 10-5-18, Last Revised 2-20-19) (collectively the "Site Application") requesting approval to construct a 5' wide Boat Dock and to construct a 12' wide Promenade walkway as show on the Plan. The Site Application is attached. II. Final Action of Planning & Building Administrator The Town denied the Site Application on March 15, 2019. The Town's denial was based primarily on its interpretation that the Promenade is a "Dock". The Town's letter cited to Section 66 -369 -Docks, and specifically Subsection (6)b & (6)e. These subsections deal with widths and setbacks for "Docks". See attached Denial Letter from Town. III. Reason for Appeal The Owner believes the Site Application is permitted pursuant to the terms of the 2013 Settlement Agreement between Owner and Town and is permitted under the Gulf Stream Code (both current and the 1981 code). The Promenade as shown is not a "Dock" as defined in the current Code or the 1981 code. IV. Standards to be Addressed by Applicant: (1) Acted in a manner inconsistent with the provisions of this Code or other applicable local, state or federal law; The Town's denial is inconsistent with, inter glia, the terms of its Code (both current and the 1981 code) and inconsistent with the 2013 Settlement Agreement for the reasons stated above and for reasons to be stated on the record at the Board of Adjustment hearing. (2) Made erroneous findings of fact based on the evidence and testimony placed before the final review authority at a public hearing; The Town made an erroneous finding of fact as stated above and for reason to be stated on the record at the Board of Adjustment hearing. (3) Failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance with the applicable regulations. V. Please attach color swatch, pictures or plans showing the proposed improvement. Official Use Only Public Hearing Date: Action: 12/18/02 Exp -Cosh -Dep -Forms 100 NW 151 Avenue • Delray Beach, FL 33444 561)243-7200 •Fax (561) 243-7221 www.mydelraybeach.com BUILDING PERMIT APPLICATION APPL DATE I F.B.C. VERSION I ACCEPTED BY I PERMIT NO. OWNER INFORMATION Name (YIA(0IN Q' OvLF-_ Address Z3 H'eklu kt,on-bovfl city 6-%, K sileAm State'L zip 334&3 Home Phone (554) 570 3517 Cell Phone ( ) Fax No. (95y) 3Cof) d�di Email Address PROPERTY INFORMATION Property Control Number: -ZO_43-46 -OS -46 _Duv -Ov o Address of Proposed Work Z3 area 4a)nJA b Legal Description Loi S t P'Mpp 44ab0Q 4S`haW-0 Ste or Apt # / Floor Project Name (if applicable) CONTRACTOR & DESIGNER INFORMATION ❑ Check if Owner/Builder (See Page 3) CiV-01-7 124 Contractor License No. 644 -4D -=J-2-4- Workers' Comp No. U e 4 k S7(oft $� Company (IN04MV q. 0101LC. Address 12S-1) �-VSZ WL,.gaT (6400- Dr H City DKA-'�1P0 T C.1^ StateFe- Zip�LN'? Phone 'iSL/ 3100 7 -) 1*3 Fax '15"13WOO-) Cell 56) 20 'N (o Email Arch itect/Engineer's Name _TCuZa.te. Address I$S NE'.,,.y.0E..,,,,Sw. e 10 1. DeIra.-,_ FOR PERMIT EXPEDITERS ONLY (for permit pick-up): Contact Name Phone Ext. Cell ADDITIONAL INFORMATION Fee Simple Title Holder (if other than owner) Address City State Zip Mortgage Lender Bonding Company Address Address City State Zip City State Zip I DESCRIPTION OF PROPOSED IMPROVEMENTS Description of the proposed work (New Construction, Addition, Interior/Exterior Alteration, Windows/Doors, etc.) INST-Ab,c.- NeW ?rOMe"40a- QeR FLAry l vShn.tk t'Rty S' Ductc ?PR PLAN Is this a City or Re-hab project? ❑ Yes,"No Is the building served with an automatic fire sprinkler system? ❑ Yes Y No Current Use or Occupancy J+WYa I R0516PMe Is this a change in the Use or Occupancv? ❑ Yes 19 No PERMIT VALUATION For Impact Fee Credit, Existing or Previous Structure Demolished? ❑ Yes ❑ No Type of Structure Demolished: ❑ SFR ❑ Commercial ❑ Commercial Accessory Building PLEASE CHOOSE ONE OF THE FOLLOWING: NEW CONSTRUCTION & ADDITIONS - FEE SCHEDULE I* MISCELLANEOUS PERMITS - FEE SCHEDULE II* ALTERATIONS & GENERAL CONSTRUCTION-SCHED. III* TOTAL COST OF CONSTRUCTION TO INCLUDE: TOTAL COST OF CONSTRUCTION: $ STRUCTURAL, ROOFING, ELEC, MECH, PLBG COST OF CONSTRUCTION WITHOUT TRADES: $_ 41 U; y5 5, CSU A NOTE: OTHER ASSOCIATED TRADES TO BE FEED SEPARATELY UNDER FEE SCHEDULE II OR III. THESE INCLUDE: LOW VOLTAGE, HOOD/SUPPRESSION SYSTEM, FIRE SPRINKLERS, IRRIGATION, LANDSCAPING, PAVING, ETC. NOTE: ALL SUB -TRADES TO BE FEE'D SEPARATELY. THESE INCLUDE ELEC, MECH, PLBG, ROOFING, LOW VOLTAGE, HOOD/SUPP SYSTEM, FIRE SPRINKLERS, IRRIGATION, LANDSCAPING, PAVING, ETC. *SEE BUILDING PERMIT FEE SCHEDULE FOR DETAILS APPLICATION CERTIFICATION AND ACKNOWLEDGEMENT Application is hereby made to obtain a permit to do the work and installation as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. A City Building Permit does not assure compliance with Homeowners Association's rules, regulations and/or deed restrictions. Applicant is advised to obtain approval from the Homeowners Association before improving any property. Applicant further acknowledges the following: • Separate permits must be secured for ELECTRICAL, PLUMBING, MECHANICAL, WELLS, POOLS, FIRE SPRINKLER, SIGNS, LANDSCAPE, IRRIGATION, ROOFING, SHUTTERS, ETC. • This permit becomes null and void if work or construction authorized is not commenced within six (6) months or if construction or work is suspended or abandoned for a period of six (6) months at any time after work is commenced. Permit will be considered suspended or abandoned if it does not pass an inspection within 180 days and will be subject to a reactivation fee in the amount in force at the time of reactivation. • Failure to comply with all applicable construction regulations may result in the withholding of future permits. • Submission of any false information or misrepresentation is a violation of law and shall result in revocation of your permit. • NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. OWNER'S AFFIDAVIT: I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. PROPERTY OWNER STATE OF FLORIDA, COUNTY OF PALM BEACH of Owner Printed Name of Owner STATE OF FLORIDA, COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me This _�� day I" t We 20, By Personally Known OR Produced Identification Type of I�de�ntification: Signature of Notary 2o4Ry Pue!/o MICHELLE MELICIA MY COMMISSION GG 053809 _ _ N r 9lFOFF��Bended Thru Budget Notary SeNkes GENERAL CONTRACTOR STAVE OF FLORIDA, COUNTY OF PALM BEACH Printed Name of Qualifier STATE OF FLORIDA, COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me This _day IM r,, -o 20 BY _G r -4i n C)')ti/r% Personally Known OR Produced Identification Type of Identification: Signature of Notary ao!1 t P414, MICHELLE MELICIA l* MY COMMISSION 9 GG 053809 Banded Thru Budget Notary Services ' • THIS PAGE FOR BUILDING DEPARTMENT USE ONLY - PERMIT NO: APPLICATION DATE: PCN: Zoning District Historic: o Yes o No Development/Condominium/Apartment Name Set Backs: Front Side Street Side Interior Rear Type of Foundation: Monolithic Stem Wall Pile Square Footage of Commercial Demolition: Type/Size of Accessory Building: Type of Structure Demolished: ❑ SFR ❑ Commercial ❑ Commercial Accessory Building STRUCTURE SET UP Occupancy Const. Type Roof Type $ Flood Zone $ Plan Sq. Ft. (A/C) $ Plan Sq. Ft. (Under Roof) $ Finish Floor Elev. $ DEPARTMENT APPROVALS Env. Services Engineering Paving Planning & Zoning SPRAB / COA Irrigation Landscaping / Irrigation Public Utilities Landscaping Fire Department Plan Review Shutter Occ. Load Misc Permit COUNTY IMPACT FEES Other Source: Plan Check Fee (Credit) Impact Fee Amount Due Parks $ $ $ Public Bldgs. $ $ $ Schools $ $ $ Road $ $ $ -4- Rvsd 5/10 PERMIT CALCULATION Adjusted Value $ Permit Fee $ Electrical $ Plumbing $ Mechanical $ Roofing $ Paving $ Irrigation $ Landscaping $ Shutter $ Misc Permit $ Other $ Plan Check Fee $ MCR # Total Permit Fee $ ADDITIONAL FEES Fire $ Radon $ DPR $ Water / Sewer $ Parks / Rec $ Master Plan $ Total Additional Fees $ TOTAL FEES DUE $ SHEILA L. O'BOYLE JPMORGAN CHASE BANK GULF STREAM 23 N HIDDEN HARBOUR DRIVE GULF STREAM, FL 33483-7244 03/08/2019 1564 PAY TO THE Town of Gulfstream** ORDER OF 335.00 Three hundred thirty-five and 00/100*'***********************************************************************************� DOLLARS Town of Gulfstream Town of Gulf Stream ) 100 Sea Road Gulf Stream, FL 33483 MEMO AUTHORIZED SIGNATURE Acc # 275, Service Address: 23 Hidden Harbour j SECURITY FEATURES INCLUDED. DETAILS ON BACK 11100LSC.411' 1: 2F. 7084130: L31S71III III C3 COMMISSIONERS SCOTT W. MORGAN, Mayor THOMAS M. STANLEY, Vice -Mayor PAUL A. LYONS, JR. JOAN K. ORTHWEIN DONNA S. WHITE March 15, 2019 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Commerce Realty Group, Inc. William Ring, Real Estate and Development 1280 West Newport Center Drive Deerfield Beach, Florida 33442 Dear Mr. Ring: Telephone (561)276-5116 Fax (561)737-0188 Town Manager GREGORY L.DUNHAM Town Clerk RITA L. TAYLOR MAR 202019 Thank you for your application, which was hand delivered on Monday March 11, 2019. The 2013 Settlement Agreement between Martin O'Boyle and the Town of Gulf Stream does not apply to structures in the water. The current Gulf Stream Town Code regulates Docks in Article VIII -Supplemental District Regulations, Division 2 -Accessory Structures and Recreational Facilities, Sections 66 -369 -Docks. The application is subject to this section, and it violates the following provisions: Subsection (6)b: No dock shall exceed five feet in width. Subsection (6)e: For lots with designated water frontage greater than or equal to 100 feet, the docking zone shall have a 15 -foot minimum offset from the setback centerlines on each side with the total setback distance being a minimum of 30 percent of the designated water frontage. The plan is therefore denied as submitted. I am returning herewith your application and Check #1564 in the amount of $335.00. Sincerely, Rita L. Taylor U Town Clerk Encls. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 t t— LINE OF EXIST. ENTRY j� FEATURE - I I Z—� X .Zsc - I_ w-< -- - r- 00 a- w - ' 7x24-VERSAtAM - - — - ----- Sim A1:02 -- - .--..--------- -- -- ---- -- ._- . - - kR --_ .02- 7.W 2 - S MIN CONC- P (2) #5 CONT - - Il - - - - - -- — - --4- NEW CONC TIE BM SIZE TO MATCH -- "- - - EXISTING w/ (2) #5 T+B, #3 STIR @6" O/C,- --WITH CORNER BARS 4000 PSI CONC -- ---- "- `� - - - - -- - "--------- _ _ - -- --- ---_. = ALUM �I - -- _ -I N 3 .5 RA LI G I i� - p HI 7-4Q- 2 _. Ti2' 10" 8 �„ 1 24-0 a 5 - (2)5 DOWELS T+B DRILL + 490 +3.90 ti EPDXY 6" INTO EXISTING LAP 44'-6" &!51 48 BAR DIA TYP. EW�. 4 RISERS S R f 3.90 1 ` ` �\ N uD STAN — + 1 ! 1 Jjj � � ' "+�► 44- 4�a��� { j 1�° 10 p'0/C 10-0- V icy Y l 0- \ I g a 34'-4' 0, (18) 10" DIA. 2X86 CONIC PILE B Z (TYP.) / —EDGE OFJ PRIVATE 2X6 DECKING SEA WALL/1 CANAL Poop Dac'S . P©p-4�4 / P -Gr c- f�17I / $ TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Memo To: Mayor Morgan and Commissioners From: Gregory L. Dunham Re: Board of Adjustment Hearing (23 North Hidden Harbour — O'Boyle) Date: May 3, 2019 On March 11, 2019, Martin O'Boyle submitted an application to construct a dock of varying widths extending the entire length of his property, from approximately the east property line to the west property line. The Town denied the application on March 15, 2019, and Mr. O'Boyle filed this appeal. Beginning in April of 2017, similar applications have been both informally and formally submitted on behalf of Mr. O'Boyle, and have been previously denied under the Town Code of Ordinances for exceeding the maximum permitted width of docks, and encroaching into the side setbacks. In this application, the plan refers to the west section of the structure as a "promenade," and indicates that there will be no boat docking along the "promenade." The east side of the structure is referred to as a "boat dock," and is five feet wide, the maximum allowed pursuant to Town Code. The Town denied this application for the same reasons as previous submissions, in that the "promenade" section of the dock exceeds the maximum permitted width of docks under the Town Code, and the proposed structure encroaches into the side setbacks on both the east and west sides of the property. The Town has regulated docks in its Code of Ordinances since at least 1991. The Town Code defines a dock in § 66-1 Definitions as follows: Dock shall mean an accessory structure built on pilings over water, no part of which floats on water, and which is designed or used primarily to provide dockage for and access to one or more boats or water vessels for private use. The proposed structure, both the "promenade" section and the "boat dock" section, are defined by the Town Code as a dock and are therefore subject to the Town Code as it relates to regulation of docks. Town Attorney John Randolph has provided his legal opinion that the structure is a dock as defined in the Town Code. The current Gulf Stream Town Code regulates docks in Article VIII — Supplemental District Regulations, Division 2 — Accessory Structures and Recreational Facilities, Section 66-369 — Docks. The Town has denied the proposed dock for violating the following subsections of Section 66-369: 1. Subsection (6) b, which reads "No dock shall exceed five feet in width" and 2. Subsection (6) e, which creates a `docking zone' and which, relevant to the proposed dock at the residence, reads, "For lots with designated water frontage greater than or equal to 100 feet, the docking zone shall have a IS foot minimum offset from the setback centerlines on each side with the total setback distance being a minimum of 30 percent of the designated water frontage." In previous communications about a proposed dock, Mr. O'Boyle's personal attorney William Ring suggested that a dock was permitted under the terms of the 2013 Settlement Agreement between the Town and Mr. O'Boyle. The Town's attorney Joanne O'Connor communicated the Town's position to Mr. O'Boyle's attorney in the enclosed memo dated May 25, 2018. The Commission, sitting as the Board of Adjustment, follows the rules set forth in Division 5 — Appeals of Article V — Site Plans, starting at § 66-169. In order for the appeal to be granted, the applicant shall show that the final review authority either 1) acted in a manner inconsistent with the provisions of the Town Code or other applicable local, state, or federal law; 2) made erroneous findings of fact based on the evidence and testimony placed before the final review authority at a public hearing; or 3) failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance with the applicable regulations. rtORIDA NILOMD CDD 6NEMML M6 LODE - [12CM 2Ot1 rLMRY SUIIDMG CODE - LNSTIN 1011 IDCAL AY[MOY[NIS (TES) fA0E.O3L NL COD[ OCCUPANCY 1TPE ICI R[!ID[MCf T9[ Di CONS3ROLMON LYI[ h -OM RIN.ILA[D . 1- P[R rE00R OL um. 1sr ILvtL �A4e sr. xXD ILVCL s s.r. SOLJLL SDE ARG A. S.I. 0.90 AC. [Sm. —El AREA 11-4 1.1 a.e% ESRr. BIntOMO fODiPRIM S,OY S.I. tE.9s xEW EST[RXIR IDOGIA 511 S.I. —T. AA—E — S.r. 24.3% PUP HARMCAPE 2... [SISI. LAPDSCARE DXAP[ S.f. 23.3Y BMLDMDJDEA tsm. DRDuxD aaoR AREA s,O4e z.r. [.m. T—L SMIDIND AREA ).134 S.I. L� CURRIE / N SOWARDS AGUILA /- architects �2.PkDDRN,. [DLR,krs. A / � SusfeMabk DeslOn / ' xil l zn�s°[s�.• mow' �i ares TLP LP PeLw[wD[ o0B0YLE RESIDENCE POOL PLATFORM STEP DOWN TO PROMENADE RENOVATION 23 HIDDEN HARBOR DME GULF STREAM, FLORIDA Ill m AxD rnro3Y.npx D.s[o DX A vA0n0E0 n: su aaxrcX. swr[R � D• Xx, rxc. ORDER 3 1:-IemY DR wrz XOv .. m1! R[vrsm 3[M ss. sol. NCNOv.irOh Sar AD— D< tOWu ro ° INOSE. NEW P00. APD ESPAXDED POOL DNIDDEN N SLABS. ACCORDOM ro nIC PEA! E TXLRLOf AS AECOROroDIX[ PIAL DOD. !3. PAGE 110. PUDDC REcoRDs a PA.DEADX coum. Iw. R Ramo: Y PDD zp-n-u-a-u-DDD-DODO r� �Avm�3�°'°rN °Poar'iEooN oXPPw..ARM M.00.,m„n nrLL• •• I N SITE PLAN .ten. .u-.. ulO �t r 10-8-2018 I JC.. F 120902E LOCATION MOP ® LOU' A1.01 COMMISSIONERS SCOTT W. MORGAN, Mayor THOMAS M. STANLEY, Vice -Mayor PAUL A. LYONS, JR. JOAN K. ORTHWEIN DONNA S. WHITE March 15, 2019 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Commerce Realty Group, Inc. William Ring, Real Estate and Development 1280 West Newport Center Drive Deerfield Beach, Florida 33442 Dear Mr. Ring: Telephone (561)276-5116 Fax (561)737-0188 Town Manager GREGORY L. DUNHAM Town Clerk RITA L. TAYLOR MAR 202019 Thank you for your application, which was hand delivered on Monday March 11, 2019. The 2013 Settlement Agreement between Martin O'Boyle and the Town of Gulf Stream does not apply to structures in the water. The current Gulf Stream Town Code regulates Docks in Article VIII -Supplemental District Regulations, Division 2 -Accessory Structures and Recreational Facilities, Sections 66 -369 -Docks: The application is subject to this section, and it violates the following provisions: Subsection (6)b: No dock shall exceed five feet in width. Subsection (6)e: For lots with designated water frontage greater than or equal to 100 feet, the docking zone shall have a 15 -foot minimum offset from the setback centerlines on each side with the total setback distance being a minimum of 30 percent of the designated water frontage. The plan is therefore denied as submitted. I am returning herewith your application and Check #1564 in the amount of $335.00. Sincerely, Rita L. Taylor(J Town Clerk Encls. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 JONESFOSTER JOHNSTON &STUBBS, P.A. Joanne M. O'Connor Florida Bar Board Certified Business Litigation Attorney 561-650-0498 Fax: 561-650-5300 joconnor@jonesfoster.com May 25, 2018 By E-mail(eiames(a,elaineiohnsoniames.com) Elaine Johnson James, Esquire Elaine Johnson James, P.A. P.O. Box 31512 Palm Beach Gardens, FL 33420-1512 Re: Proposed Dock at 23 N. Hidden Harbour Drive Dear Elaine: Please allow this correspondence to summarize what the Town understands MI. O'Boyle proposes relative to construction of a dock at his residence at 23 North Hidden Harbour Drive and at least some of the reasons why the proposed dock is not permitted. This correspondence is without prejudice to the Town's right to assert additional grounds to deny a proposed dock of the size and scope it understands Mr. O'Boyle is contemplating. BACKGROUND The 2013 Application, Settlement and Development Agreement. In early 2013, Mr. O'Boyle applied for development approval seeking permission to construct a new front entry feature to his home at 23 North Hidden Harbour Drive, which was built in 1983 ("the Residence"). The Town Manager determined that four (4) variances would be required. The Town Commission as Board of Adjustment conducted a quasi-judicial proceeding and sustained the Town Manager's determination that 4 variances were required, only one of which was granted. O'Boyle appealed the Town Commission's final order While the dispute over the dock was pending, from February 2013 to July 2013, Mr. O'Boyle served hundreds (approx. 400) of public records requests on the Town. From April to July 2013, he filed approximately 16 public records lawsuits arising out of these requests against the Town. In July 2013, the "Town entered into a Settlement Agreement with Mr. O'Boyle, agreeing to pay him $180,000 and to enter into a Development Agreement. The Town "agree[d] that the Since 1924 1 West Palm Beach I Jupiter I Palm Beach Flagler Center Tower 505 South Flagler Drive, Suite 1100 West Palm Beach, Florida 33401 www.jonesfoster.com Elaine Johnson James, Esquire May 25, 2018 Page 2 lot coverage, floor area ratio, height, and setback of, inter alia, the home's entry feature shall be permitted in accordance with the plans submitted with the Application." (Settlement Agmt. 12). In September 2013, the parties entered into the referenced Development Agreement. The Town agreed to the development O'Boyle sought, namely in accordance with the Application and pertinent to the height of the home's entry feature and the measurement of the front setback to the property. (Dev. Agmt. ¶ 9). The Proposed Dock and the Town's Code. As the Town understands it, Mr. O'Boyle proposes to construct a dock 12 feet wide and extending the entire length of his property (from the east property line to the west property line). The Town has regulated docks in its Code of Ordinances since 1991. The current Gulf Stream Town Code regulates Docks in Article VIII — Supplemental District Regulations, Division 2 — Accessory Structures and Recreational Facilities, Section 66-369 — Docks. The proposed dock at the Residence violates at least two parts of Section 66-369: 1. Subsection (6) b, which reads "No dock shall exceed five feet in width" and 2. Subsection (6) e, which creates a `docking zone' and which, relevant to the proposed dock at the residence, reads, "For lots with designated water frontage greater than or equal to 100 feet, the docking zone shall have a 15 -foot minimum offset from the setback centerlines on each side with the total setback distance being a minimum of 30 percent of the designated water frontage." (emphasis added). THE DISPUTE Mr. O'Boyle's Position In previous communications, Mr. Ring suggested that the dock is permitted (along with any other future improvements to his property) because the 2013 Settlement Agreement references the Town Code as it was in place in 1981 and section 66-369 was not in effect at that time. In support of this position, Mr. Ring references a reservation of rights clause in paragraph 35 of the Settlement Agreement, which reads: 35. Reservation of Rights. Notwithstanding language in this Agreement (including the attached release) O'Boyle reserves all rights and remedies related to any claims which he may have related to the scope and size of Elaine Johnson James, Esquire May 25, 2018 Page 3 improvements which may be constructed on the Property, to the extent that the scope and/or size of the improvements are less than the scope and size of the improvements which could have been constructed on the Property on the date when the permits for the existing Improvements (including, without limitation, the home on the Property was originally issued, which date was approximately 198 1. Notwithstanding the provisions of this Paragraph 35, O'Boyle shall not construct a home (or retrofit the existing home) on the Property so that it is more than two stories. The Town's Position The 2013 Agreements Were Limited by the Building Envelope, Which Did Not Include the Water: The improvements provided for in the 2013 Agreements were plainly limited to the area of Mr. O'Boyle's property that was intended for development, i.e., the `Building Envelope" as defined in the 2013 Agreements and reflected on the crosshatched area of Exhibit C to the Development Agreement. That Building Envelope did not include -- and expressly excluded — any structures appurtenant to the water such as a dock. Specifically, the reservation of rights provision in paragraph 35 of the Settlement Agreement relates to that portion of Mr. O'Boyle's property which was in dispute, intended for development in 2013, defined as the Building Envelope, and designated as the crosshatched area on the Exhibit C Survey to the Development Agreement. Thus, paragraph 36 of the Settlement Agreement provides as follows: 36. Building Envelope. The Development Agreement will (a) include a survey provided by O'Boyle, which survey shall provide a Building Envelope for the property (as designated by O'Boyle pursuant to the preceding paragraph); and (b) allow the construction of improvements within the area between the intercoastal waterway, the private roads, and the common property line to the west. (emphasis added) The Building Envelope as described in the 2103 Settlement Agreement was clearly marked as contemplated as "the area between the intercoastal waterway, the private roads, and the common property line to the west" in the Development Agreement. The Development Agreement then references the Building Envelope at paragraph 19 and states: Elaine Johnson James, Esquire May 25, 2018 Page 4 Building Envelope. Attached hereto and incorporated herein as Exhibit C, is a copy of a Survey, which Survey provides a Building Envelope of the Property (as defined in the Settlement Agreement). The parties agree that O'Boyle (including his heirs, successors, and assigns) may construct Improvements in the Building Envelope; provide, however, O'Boyle cannot construct any Improvements within 10' of the west property line without the approval of the Town. (Emphasis added in bold italics) The Development Agreement incorporates as Exhibit C a Survey, which describes the Building Envelope as the "crosshatched" area. The crosshatched area does not include the water, which is separately referenced. Exhibit C further explains that: Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) ("Water Structures") may be constructed and/or installed in the area designated hereon as "Water" provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the area designated "Water" remains water... The Intent of the Parties is Reflected in Minutes of the Meeting Held to Approve the Development Agreement: The clear intent of the parties to restrict the scope of the 2013 Agreements to the Improvements at issue by the Application and Approvals and located on that area of the property defined as the Building Envelope, not to include the water, was confirmed during discussions at a special public meeting of the Town Commission held to approve the Development Agreement on September 17, 2013. At that meeting, the Town Commission was advised that the Exhibit C language, which had been added and agreed to by O'Boyle (..."provided that such Water Structures are approved by the Town of Gulf Stream"), meant that the Town would follow the Town Code Section 66-369 in terms of docks and that anything placed in the water would have to conform to the Town Code. Indeed, counsel for the Town explained that the aforementioned language in Exhibit C had been revised precisely in order to ensure that Section 66-369 governing Docks was followed. THE COASTAL, STAR covered this meeting, and noted that the Town Commission had "Approved unanimously a development agreement with resident Martin O'Boyle that permits him to remodel his property on North Hidden Harbour Drive under the building code as it existed in 1981 except for dock and canal structures." http://thecoastalstar.com/profiles/blos/gulf- stream-balking-at-price-town-drops-light-pole-purchase (emphasis added). Elaine Johnson James, Esquire May 25, 2018 Page 5 CONCLUSION It is the Town's position that any improvements contemplated by Mr. O'Boyle in the form of docks or other Water Structures are plainly subject to the current Town Code, including its restrictions on Docks. The Town Code prohibits the dock as proposed. The size of the proposed dock also carries the real potential of restricting the abutting property owners' use and enjoyment of their property and thereby expose the Town to additional litigation for infringing on those rights. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. JMU:mtm Enclosures 2013 Settlement Agreement 2013 Development Agreement \\jfjsp12\apps\Docs\13147\00060TTR\I UY4163.DOCX EXHIBIT C GOr ISL OUrlt SUBO11 [SION (PLAT BOOK 25, PACO S7) LOY 4 (. 0 r 4 •___��_.—_.._ �SQUTN _._ ROAO — _. .-_.---- 23 NORTH HIDDEN HARBOUR N - 6YOCReW T tmpvrq WR+O.Du RmOoaR DRIVE GULF STREAM ; I 1_t FLORIDA " I 33483 _ r 1 k /``� � fz V I I rorx wra Aro n l I I h �„ ( I Ak:ramtsuo lvmn PRrrA tc - ` I I 1 � .u.mHv.rta ammx C' AOC"WfJOV CA nA4 Pkf Atf CA Al r" Z� JA'A vlL1'aT grrabrt _ UsArrwr.strt�m, �, � 1 i � �_ , E Arrfcn,twrArA k!>,mn Y c Q r Appurtenant: structures such as decks, pilings, docks, and other structures (but not another living unit or, interior living space) ("Water Structures") maybe constructed and/or installed in the area designated `—� — hereon. as "Water", provided that such Water Structures are approved by the Town of Gulf Stream (if for fw�nnfn. xnAr \` applicable), as long as the area designated "Water" remains water. If any portion of the Property (which���`m �\ is presently submerged) becomes no Ionger submerged, then such area shall be included in the crosshatched area. �MAP OF 60VADARY SURVEY OSETTER k MR04 R.0 te Building Envelope Shown "Cross -Hatched" � a •