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Home My Public Portal AboutPRR 23-2973 Renee Basel From:Corey OGorman <corey@placepnd.com> Sent:Monday, October 30, 2023 8:23 AM To:Renee Basel Subject:Request for Zoning Confirmation Letter You don't often get email from corey@placepnd.com. Learn why this is important \[NOTICE: This message originated outside of the Town of Gulfstream -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.\] Good morning Renee, Hope this note ﬁnds you well! I am sending this email and the a?ached le?er to request a Zoning Conﬁrma?on Le?er (ZCL) for property that I am researching. Although I did not see anything on the Town’s website for a ZCL, I am hopeful that you can assist to conﬁrm the informa?on requested. Thank you for your assistance and please let me know if you have any ques?ons. THANKS! Corey W. O'Gorman AICP Place Planning 700 US Highway One, Suite C North Palm Beach, FL 33408 561-863-2722 Phone 561-863-2733 fax 561-801-2461 cell 1 Project Management • Development Services • Community Redevelopment October 30, 2023 Ms. Renee’ Basel, Town Clerk Town of Gulfstream 100 Sea Road Gulf Stream, FL 33483 RE: Request for Zoning Verification Letter 3860 Bermuda Lane / PCN’s 20-43-46-03-14-000-0010 to 0080 Dear Ms. Basel, I am researching several properties in Palm Beach County including the subject parcel, and am sending this letter to request your assistance to confirm the research that I have conducted, and which is as follows: • Future Land Use Designation: MF, Multifamily Residential (see attached map) • Zoning: RM, Multiple family Residential (see attached map). o Per Section 71-1, the maximum density is 5.7 units per acre. • The subject site is approximately 18,500 square feet or 0.425 acres, and contains a total of eight (8) residential units (constructed in 1975 according to the Property Appraiser) which is approximately 18.8 units per acres. • The current number of units exceeds that allowable density and as such is subject to the provisions of Town Code Section 66-131 (see attached). This code section allows the use of any building, structure or land existing as of April 8, 1983, to continue subject to the provisions of that section including that maintenance (paragraph 3), however no structural alterations are permitted except those required by eminent domain proceedings (paragraph 3), and no buildings or structures which are nonconforming may be extended or enlarg ed (paragraph 4). Conclusions The building is nonconforming as to the number of units permitted, and based on the code language maintenance can be conducted, however no structural additions or extensions or enlargements would be permitted. 700 US Highway One, Suite C North Palm Beach, FL 33408 561-863-2722 Project Management • Development Services • Community Redevelopment Request for Confirmation Can you please confirm if my conclusions are correct that maintenance is permitted although no additions, extensions or enlargements can be permitted? Thank you for your assistance, please feel free to contact me with any questions. Sincerely, Corey W. O’Gorman, AICP President /co Attachments   RM Legend RS-C Residential Single Family - Gulf Stream Core District RS-O Residential Single Family - Ocean West District RS-B Residential Single Family - Beachfront District RS-N/S Residential Single Family - North/South District RS-P Residential Single Family - Place Au Soleil District RM Multiple Family Residential District OR Outdoor Recreational District OR Outdoor Recreational District P Public Facilities District CONS Conservation District Town of Gulf Stream Corporate Limits Zoning Boundary Town of Gulf Stream Zoning Map 5 FIGURE 1-5 JUNE, 2011 PART II - CODE OF ORDINANCES Chapter 66 - ZONING ARTICLE IV. - ADMINISTRATION DIVISION 4. NONCONFORMING USES Gulf Stream, Florida, Code of Ordinances Created: 2023-04-27 13:17:58 [EST] (Supp. No. 2) Page 37 of 236 DIVISION 4. NONCONFORMING USES Sec. 66-131. Required conditions for continuance. The lawful use of any building, structure or land existing as of April 8, 1983, may be continued although such use does not conform to the provisions of this chapter, provided however, the following conditions are met: (1) Unsafe structures or buildings. Any structure or building or portion thereof declared unsafe may be restored to a safe condition. (2) Approval of construction. Nothing in this section shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently carried on within six months of the date of such permit. (3) Alterations. A nonconforming building may be maintained and repairs and alterations may be made, except that in a building which is nonconforming as to use regulations, no structural alterations shall be made except those required by law including eminent domain proceedings. Repairs such as plumbing or changing of partitions or other interior alterations are permitted. (4) Extensions. Buildings or structures or uses of land which are nonconforming shall not be extended or enlarged, however, a special exception may be allowed for additions to structures with existing nonconforming setbacks pursuant to the provisions of chapter 70, section 70-75(c) of this Code. (5) Nonconforming use of land. When a nonconforming use of land has been discontinued for a period of 90 days, its future use shall revert to the uses permitted in the district in which said land is located. (6) Abandonment. A nonconforming use of land or of a building which has been vacated or abandoned for 90 days shall not thereafter be occupied by any nonconforming use. (7) Destruction by fire or other act. Nothing in this chapter shall be taken to prevent the restoration of a building destroyed to the extent of not more than 50 percent of its assessed value by flood, fire, explosion or other casualty, act of God, or the public enemy; nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction. The restoration of a building destroyed more than 50 percent of its assessed value by flood, fire, explosion or other casualty, act of God, or the public enemy must meet the requirements of all applicable provisions of this chapter including, but not limited to, the 100-year flood standards described in chapter 48 concerning special flood hazard areas. Restoration under this section must be started within 90 days from the date of approval of the building permit. If any building, with a non-conforming residential density, located in a residential district is damaged by flood, fire, explosion or other casualty, act of God, or the public enemy, the buildings may be repaired or reconstructed and the residential density shall not be increased. The repaired or reconstructed residential building shall be of a no greater height, no reduction in nonconforming setbacks and no greater square footage or total living area in existence in the building prior to the damage, regardless of the extent of the damage. Reconstructed units shall be subject to the applicable fire and building codes at the time of the issuance of the building permits for the reconstruction. (Ord. No. 83-1, § 2(XI), 4-8-83; Ord. No. 04-3, § 1, 8-13-04; Ord. No. 12-3, § 2, 7-13-12) TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 21, 2023 Corey O’Gorman [mail to: corey@placepnd.com] Re: GS #2973 (Zoning confirmation letter – 3860 Bermuda Lane) I am researching several properties in Palm Beach County including the subject parcel, and am sending this letter to request your assistance to confirm the research that I have conducted, and which is as follows: • Future Land Use Designation: MF, Multifamily Residential (see attached map) • Zoning: RM, Multiple family Residential (see attached map). o Per Section 71-1, the maximum density is 5.7 units per acre. • The subject site is approximately 18,500 square feet or 0.425 acres, and contains a total of eight (8) residential units (constructed in 1975 according to the Property Appraiser) which is approximately 18.8 units per acres. • The current number of units exceeds that allowable density and as such is subject to the provisions of Town Code Section 66-131 (see attached). This code section allows the use of any building, structure or land existing as of April 8, 1983, to continue subject to the provisions of that section including that maintenance (paragraph 3), however no structural alterations are permitted except those required by eminent domain proceedings (paragraph 3), and no buildings or structures which are nonconforming may be extended or enlarged (paragraph 4). Conclusions The building is nonconforming as to the number of units permitted, and based on the code language maintenance can be conducted, however no structural additions or extensions or enlargements would be permitted. Can you please confirm if my conclusions are correct that maintenance is permitted although no additions, extensions or enlargements can be permitted? Dear Corey O’Gorman [mail to: corey@placepnd.com]: The Town of Gulf Stream has received your public records request dated October 30, 2023. You should be able to view your original request at the following link: PRR 23-2973 (laserfiche.com) After speaking with the Town’s planner, he has stated that 3860 Bermuda Lane is a non- conforming building under the town’s Land Development regulations. Maintenance activities are permitted for the building, but any additions, extensions, or enlargements are prohibited unless it meets Town Code. We consider this request closed. Sincerely, Reneé R. Basel, MMC Reneé R. Basel, MMC Town Clerk, Custodian of the Records