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Home My Public Portal About8/20/14 Hearing DocumentsAy'ri'de -4 a 7 2- Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Building Planning and Ph. (561) 276 -5116 Zoning Department Fax (561)737 -0188 CODE ENFORCEMENT SPECIAL MAGISTRATE TOWN OF GULF STREAM, FLORIDA CASE NO: CE 4 -14 8 -2 -14 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL MAGISTRATE of the Town. 1. Location/Address where violation(s) exist(s): 2562 Avenue Au Soleil, Gulf Stream, FL 2. Legal Description: Lots 42 & 43 Place Au Soleil Subdivision 3. Name and address of owner /person in charge where violation(s) exist(s)r-onstance J. Swift 2562 Avenue Au Soleil, Gulf Stream, FL 33463 Removal of an existing shed was a 4. Violation of Town Code Section(s) and description(s): condition attached to the approval of a large addition to an existing residence. The shed is in violation of Sec. 70 -74 that requires accessory structures to be placed 15' inside the rear property line and in violation or - proriMlts metal smeas. TMT is no record in the file that the shed was ever originally permitted. The addition was completed and the Town has refused to issue a Certificate of Completion as the shed has not been removed as was the condition that was placed at the (SEE ATTACHED "EXHIBITS OF VIOLATION ") 5. Date of First Inspection: 9-4 -13 6. Date owner first notified of violation(s): 11 -7 -13 7. Date on/by, which violations are to be corrected: August 13, 2014 * * * * * * * * * * * * * * * * * * * * * * * * ** *IMPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * ** Unless the violator corrects the violation(s) described herein by the date set forth above AND CONTACTS THE UNDERSIGNED CODE INSPECTOR AT 561- 276 -5116 to verify COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HERBY GIVEN THAT A PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf Stream Code Enforcement Special Magistrate on Aug. 20, 2014 at 2 P.M. or as soon thereafter as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf Stream, Florida. YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE at that time to answer allegations that you have violated the above cited sections of the Code of Ordinances of the Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Magistrate may base his /her findings solely upon presentation by the Town Code Inspector LTi�97� William H. Thrasher, own Manager Town of Gulf Stream YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE A„R_ 15 2014 , THAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT YOU ARE REQUESTING A REINSPECTION. IF THE VIOLATION(S) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR CORRECTION, OR IF THE VIOLATIONS) IS /ARE CORRECTED AND THEN RECUR(S), THE CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATION(S) HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING. IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION. If the Special Magistrate finds that you have committed a violation, he /she may order IMMEDIATE COMPLIANCE with the Code and if you fail to comply with such order within the time period set forth therein, he /she can IMPOSE A FINE OF UP TO $250.00 PER DAY for each violation remaining in non - compliance. If the Town is successful in prosecuting your case before the Special Magistrate, FINES WILL BE IMPOSED BY THE SPECIAL MAGISTRATE. SUCH FINES SHALL CONSTITUTE A LIEN ON ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE TO PAY SUCH FINES CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN. If you disagree with a decision of the Special Magistrate, you may appeal to the CIRCUIT COURT OF PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered. If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was in fine and is now in compliance and you wish to request a REDUCTION IN FINE, an APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST MUST BE MET FOR THE SPECIAL MAGISTRATE TO RECONSIDER YOUR CASE. If a person decides to appeal any decision made by the Special Magistrate with respect to any matters considered at subject meeting, they will need a record of the proceedings, and for such-purpose, they may need to ensure that a verbatim record of the proceedings is made, upon which record includes testimony and evidence upon which appeal is to be based. (FS 286.0105). PLEASE GOVERN YOURSELF ACCORDINGLY. By: Rita L. Taylor, Tow Clerk Town of Gulf Stre 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 § 70 -72 GULF STREAM CODE l d. For each one square foot of roof projection over the maximum permissible FAR, two square feet of roof projection must be provided that are within the maximum permissible FAR, and all shall remain forever unenclosed. e. Prior to the issuance of a certificate of occupancy or certificate of completion, the owner of the property shall prepare and record a deed restriction which, at a minimum, shall provide that all roof projection areas required to remain unenclosed as per approval of this special exception shall remain so for as long as the structure is in existence or exceeds the maximum permissible FAR. (Ord. No. 08 -5, § 2, 9 -5 -08) Sec. 70 -73. Two -story structures. (a) In order to limit the construction of bulkier homes with full second stories in districts with small to medium lot sizes, the following restrictions shall be used: (b) The use of architectural design features to provide variation among two -story single family homes is required. One or more of the following features shall be incorporated within facades facing public or private roadways on any new two- story, single family home in all zoning districts. • Second -story setback (minimum five feet setback, in addition to ground level front setback) • Front porch (minimum eight feet depth) • Balcony (minimum 24 square feet) • Arcade The town commission may waive this requirement within subsection (b) if the applicant can demonstrate that these features are inconsistent with the home's architectural style and that the desired visual variation is provided through other measures. (Ord. No. 00 -1, § 26, 3- 10 -00; Ord. No. 12 -4, § 11, 7- 13 -12) Sec. 70 -74. Setbacks. (a) Minimum building setbacks. The following table provides the minimum setback requirements for principal and minor accessory structures. Those accessory structures not defined as "minor" shall meet the same setbacks as principal structures. t CD70:32 Gulf Stream Core Ocean West Beach front NorthlSouth Place au Soleil Maximum Sec- .70 x first floor .70 x first floor .70 x first floor .70 x first floor .70 x first floor and Floor Area area area area area area (b) The use of architectural design features to provide variation among two -story single family homes is required. One or more of the following features shall be incorporated within facades facing public or private roadways on any new two- story, single family home in all zoning districts. • Second -story setback (minimum five feet setback, in addition to ground level front setback) • Front porch (minimum eight feet depth) • Balcony (minimum 24 square feet) • Arcade The town commission may waive this requirement within subsection (b) if the applicant can demonstrate that these features are inconsistent with the home's architectural style and that the desired visual variation is provided through other measures. (Ord. No. 00 -1, § 26, 3- 10 -00; Ord. No. 12 -4, § 11, 7- 13 -12) Sec. 70 -74. Setbacks. (a) Minimum building setbacks. The following table provides the minimum setback requirements for principal and minor accessory structures. Those accessory structures not defined as "minor" shall meet the same setbacks as principal structures. t CD70:32 GULF STREAM DESIGN MANUAL § 70 -75 ` CCCL refers to the Coastal Construction Control Line established in 1978. Refer also to section 70- 75(j). (b) Special setback requirements. (1) Effective lot area. All setbacks shall be measured from the lot lines established under the effective lot area definition. (2) Driveways. A five -foot minimum setback is required except for the driveway apron (3) Patios and decks up to eight inches higher than highest abuttinggrade. The setback is a minimum of three feet from all property lines. (4) Walls and fences adjacent to streets. No setback is required provided the wall or fence is located on the property (not on the right -of -way) and at least five feet from the edge of the pavement. Walls and fences in the Ocean West District shall be a minimum of 12 feet from the AlA right -of -way line. At street corners, a visibility triangle shall be provided for a minimum distance of ten feet in both directions from the intersecting point of property lines. No wall or fence shall be located in the visibility triangle. (5) Walls and fences not adjacent to streets. No setback is required. (Ord. No. 00 -1, §§ 26, 29, 30, 3- 10 -00) Sec. 70 -75. Special exception setbacks. (a) Mechanical equipment on lots less than 20,000 square feet. (1) Minimum setback. The minimum setback for side (interior) is ten feet. (2) Specific standards for review. a. Conforming locations for proposed equipment are impractical, significantly more expensive or have a significant adverse impact on the site plan in terms of the overall site design or relationships between site plan elements including, but not limited to, structures, patios, driveways and landscaping. CD70:33 Gulf Stream Place an Core Ocean West Beachfront North /South Soleil Front Principal 30 30 25 30 30 Address other than Minor Ace. 25 30 25 25 25 AlA Side Principal Total of both side setbacks shall be a minimum of 30% of the lot width; Interior however, no single side setback shall be less than 15 feet. Minor Ace. 12 15 15 12 12 Street Principal 20 30 20 20 20 Not front nor t Min or Ace. 17 25 17 17 17 AlA Rear Principal 20 20 25 /CCCL 20 20 Interior/ Minor Ace. 15 15 15 /CCCL 15 15 Beach AIA Principal 30 50 50 Regardless of N/A N/A Minor Ace. 25 30 30 Address Water Principal 50 30 30 30 Connected to N/A Minor Ace. 20 20 20 20 ICWW ` CCCL refers to the Coastal Construction Control Line established in 1978. Refer also to section 70- 75(j). (b) Special setback requirements. (1) Effective lot area. All setbacks shall be measured from the lot lines established under the effective lot area definition. (2) Driveways. A five -foot minimum setback is required except for the driveway apron (3) Patios and decks up to eight inches higher than highest abuttinggrade. The setback is a minimum of three feet from all property lines. (4) Walls and fences adjacent to streets. No setback is required provided the wall or fence is located on the property (not on the right -of -way) and at least five feet from the edge of the pavement. Walls and fences in the Ocean West District shall be a minimum of 12 feet from the AlA right -of -way line. At street corners, a visibility triangle shall be provided for a minimum distance of ten feet in both directions from the intersecting point of property lines. No wall or fence shall be located in the visibility triangle. (5) Walls and fences not adjacent to streets. No setback is required. (Ord. No. 00 -1, §§ 26, 29, 30, 3- 10 -00) Sec. 70 -75. Special exception setbacks. (a) Mechanical equipment on lots less than 20,000 square feet. (1) Minimum setback. The minimum setback for side (interior) is ten feet. (2) Specific standards for review. a. Conforming locations for proposed equipment are impractical, significantly more expensive or have a significant adverse impact on the site plan in terms of the overall site design or relationships between site plan elements including, but not limited to, structures, patios, driveways and landscaping. CD70:33 GULF STREAM DESIGN MANUAL 5 70 -105 Sec. 70 -105. Garages and accessory buildings. Garages, storage sheds, decks, and other ancillary structures are elements which should he integrated with the principal building. Garages, and ancillary structures can have a negative impact on neighbors. An inconsiderately placed or poorly designed structure can visually and functionally negate an otherwise attractive residential area. (1) Preprred. Garages and ancillary structures designed to respect the views from neighboring lots Garages and ancillary structures integrated with the architectural style of the home (2) Discouraged. Screened enclosures visible from the street (3) Prohibited. All garages facing street on lots over 20,000 square feet not adequately screened or buffered from roadways Carports Garage doors that dominate the front elevation Metal storage sheds Three -stall or larger garages on any lot not adequately screened or buffered from roadways Two story screen enclosures I ypfcal Gulf Stream- Bermuda style garage on small lot. Color, material, and roof consistent with principal building (preferred) CD70:59 25.0' EXISTING DRAINFIELD F c a OPERA Np 1RR \ \5p10F P „ 11 1 W \THW x 4 F NCaDthOpBE 0 0 c It \0 UM NwM -O RGPO, \P\- J� OR\ J1 1 +103 C p N c 9,QC C�9 y� N S s 0.7 , N 0S0.5 ono 6 o yg S 5'( \ON cn + ° %j0 NO \R m o 170 0 3 2�' ON ? .� C O N C O '' 0 �J G 3 �p� g, 3 hZ 0 p'QO zm If SCR ry`O �M.9TF ro 7 gym. 'S ? N 0 Yo O CoN�N � ro OFkgTj RgJ,�S,TJNO OF SIigT� t F m < 2uQ W ' Cq<< 00 S J m a e CON C Z � %70 . . .01 STORY •a? Lr ��„ a° RFSiO O J2� '��SS r °QQ O z c�'cF °\° N °2° o zo °vac T ° h 01 e 4 A CONC ORCy �cbP ,� �QO 0.8 ,o00t •O ti cn of OFCA- A O Ye J O SHED % 7 U '0004 q 'A , v O N N 28 y 7 740• ¢a w 19. ^ % co CgO't'C z m a l2 I n I— O m U M v' O U �7 CON C 'UC p00 00 g o; oz 01\ of N JJ POLE WITH ANCHOR 191- FOUND I.R. 3' NORTHEAST tp' EASEME 8, n (MINESS CORNER) Z o° . t % M 101 .23' 7z-. N 0T P LATT E D VACANT 9 F 0 h V\ LEGEND: q = CENTERLINE CONC. = CONCRETE P = PLANTER C.A. = CENTRAL ANGLE I.R. = 5/8" IRON ROD WITH CAP #LB 353 O.R.B. = OFFICIAL RECORD BOOK L.P. = LIGHT POLE W.M. = WATER METER = OVERHEAD UTILITY LINES = CHAIN LINK FENCE ■ = WOOD FENCE ® ® = CONC. FENCE +18.19 = ELEVATION BASED ON NATIONAL GEODETIC VERTICAL DATUM 1929. SOURCE: FLORIDA GEOLOGICAL SURVEY BENCH MARK "B -98" FLOOD ZONE: B DESCRIPTION: LOT 42, PLACE AU SOLEIL, ACCORDING TO THE PLAT THEREC AS RECORDED IN PLAT BOOK 27, PAGE 69, PUBLIC RECORD! OF PALM BEACH COUNTY. FLORIDA. MAP OF BOUNDARY SURVEY I HEREBY CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17 -6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. PAUL D. ENGLE NOT VALID WITHOUT THE SIGNATURE AND SURVEYOR & MAPPER #5708 THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. O'BRIEN, SUITER & O'BRIEN, INC. LAND SIIRVEYo R CERTIFICATE OF AUTHORIZATION #LB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: PAUL D. ENGLE 2601 NORTH FEDERAL HIGHWAY, DELRAY BEACH, FLORIDA 33483 (561) 276 -4501 732 -3279 FAX 276 -2390 DATE OF SURVEY REVISED: 11/21/03 - .ADDITIONAL SCALE: JULY 9, 2003 LOCATIONS AND ELEVATIONS 1 " = 20' HELD BOOK PAGE NO. ORDER NO.: D269 61 85- 181db "A" LOT 42