HomeMy Public PortalAbout10 01 14 AgendaAugust 27, 2014
CODE ENFORCEMENT HEARING RESCHEDULED
CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL
MAGISTRATE OF THE TOWN OF GULF STREAM ON WEDNESDAY, OCTOBER 1, 2014 AT
2:00 P.M. IN THE COMMISSION CHAMBRS OF THE TOWN HALL, 100 SEA ROAD, GULF
STREAM, FLORIDA.
AGENDA
I. Call to Order.
II. Case No. 4 -14: Constance J. Swift, 2562 Avenue Au Soleil:
Failure to remove an existing shed at this address, said
removal being a condition of approval of a large addition to
the dwelling. Location of shed in violation of Sec. 70 -74
and Sec. 70- 105(3) prohibits metal storage sheds.
III. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
OF GULF STREAM CODE ENFORCEMENT SPECIAL MAGISTRATE. WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Building Planning and
Zoning Deparhnent
Article #195
CODE ENFORCEMENT SPECIAL MAGISTRATE
TOWN OF GULF STREAM, FLORIDA
CASE NO: CE 4 -14
Ph. (561) 276 -5116
Fax (561) 737 -0188
9 -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.
2.
3.
Location/Address where violation(s) exist(s): 2562 Avenue An Soleil, Gulf Stream, F
Legal Description: Lots 42 & 43 Place Au Soleil Subdivision
Name and address of owner /person in charge where violation(s) exist(s):Constance S. 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
an ut vizlattm or Sec. 70-105(j) eds.
There is no record in the file that the shed was ever originally permitted. The
addition was conipietecL ancL trie Town lias retused to issue a i ica of Comple-
tion as the shed has not been removed as was the condition that was placed at
tite t!hnn of approval of t-49.e addition to the e�iell4iiq.
5.
:1
(SEE ATTACHED "EXHIBITS OF VIOLATION ")
Date of First Inspection: 9-4 -13
Date owner first notified of violation(s):
11 -7 -13
7. Date on/by, which violations are to be corrected: September 24, 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 October 1, 2014t 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
V Ul�
William H. Thrasher, Town Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
September 26, 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 VIOLATIONS) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR
CORRECTION, OR IF THE VIOLATION(S) 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' a L. Taylor, Town C1 011K
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
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§ 70 -72 GULF STREAM CODE
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.
CD70:32
Gulf Stream
Core
Ocean West
Beach front
North /South
Place au Soleil
Maximum Sec-
.70 x first floor
.70 x first floor
I
.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.
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 au
Core
Ocean West
Beach front
North /South
Soled
Front
Principal
30
30
25
30
30
Address
other than
Minor Ace.
25
30
25
25
25
AIA
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
IVlinar Acc.
17
25
17
17
17
AlA
Rear
Principal
20
20
25 /CCCL"
20
20
Interior/
Minor Ace.
15
15
15 /CCCL"
15
15
Beach
AlA
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 be 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) Preferred.
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
Typical Gulf Stream- Bermuda style garage on small lot. Color, material, and
roof consistent with principal building (preferred)
CD70:59
TOWN OF GULF STREAM
ARCHITECTURAL REVIEW AND PLANNING REPORT
Application #: 011 -12 Owner: Constance Swift
Address: 2562 Ave. Su Soleil Agent: Quinn Miklos
Proposed Improvement: Construct an attached 2,548 SF guest addition and a 3
car garage to an existing one -story, single family Gulf
Stream Bermuda dwelling.
Approvals Requested:
Level III Architectural /Site Plan: To permit construction of an attached 2,548 SF guest
addition and a 3 car garage to the existing 7,409 SF,
one - story, single family Gulf Stream Bermuda
dwelling.
Gross Lot size: 39,984 SF (Unity of Title) Effective Lot Area: 39,984 SF
Proposed Total Floor Area: SF
Zoning District: RS -P
Architectural Style: G/S Bermuda
Issues Considered During Review:
Article IV. Drainage Regulations
Allowable: 10,596.8 SF
Height: 20.0' (roof height <_ 20' Preferred)
Neighborhood: Mixed
Note: This application has not provided a drainage plan and the development size and scope
will require a new Health Department permit. Final approval from the Health Department may
require a revision to the site plan.
Section 70 -70 Floor area calculations
Section 70 -74 Setbacks
Section 70 -99 Roof design, slope and materials
Section 70 -100 Roof and eave heights
Section 70 -239 Windows
Recommendation:
Motion to recommend approval Level III Architectural /Site Plan based on a finding that the
proposed attached 2,548 SF guest addition, and a 3 car garage to the 7,348.5 SF, one - story, single
family Gulf Stream Bermuda dwelling meet the minimum intent of the Design Manual and
applicable review standards with the following conditions:
1. Prior to a CC the existing shed shall be removed.
2. If the proposed site plan is altered because of the requirements of the Health
Department a revised site plan will require ARPB approval.
Architectural Review and Planning Board
ARPB File #011 -12
ARPB May 26,2011; TC June 10, 2011
Page 2
ARPB Date: May 26, 2011
Action:
Level III Architectural /Site Plan: Recommended Approval with 3 conditions, the 2 conditions
listed above and number 3, proposed plans must be submitted to the Place Au Soleil HOA for
their review and consideration. (5 -0)
TC Date: June 10, 2011
Action:
Level III Architectural /Site Plan :Approved with 3 conditions: 1) Prior to a CO the existing
shed shall be removed. 2) If proposed site plan is altered because of requirements of the Health
Department, a revised site plan will require ARPB approval. 3) Builder will work with the
neighbors to protect their property from any damage during construction by placing stakes
along the property line to be removed after issuance of a CO. (40)
tectural Review and Planning Board
ar Meeting and Public Hearing - May 26, 2011 Page 5
. Mr. Wietsma said it recesses back 20'6" and the second floor
tion recesses back another 4 feet.
Smith asked if the wall will go entirely around the property. Mr.
sma said yes, it is a block wall that will be stucco and most of it
. be in- filled with an aluminum railing. Mr. Frankel asked about the
er boxes and Mr. Wietsma explained that they are collection boxes to
:h water from gushing into the courtyard. Mr. Thrasher asked if the
rs in the rendering are accurate and Mr. Wietsma confirmed that.
Wietsma said the exterior color is Navajo White, the roof is white,
shutters are a blue green, the front door is mahogany with white
.and the garage door is white.
Frankel moved and Mr. Murphy seconded to recommend approval of a
olition permit. There was no discussion. All voted AYE.
Frankel moved and Mr. Murphy seconded to recommend approval of a
nd clearing permit. There was no discussion. All voted AYE.
yr. Frankel moved and Mr. Murphy seconded to recommend approval of a
Fecial Exception to allow 244 SF of covered, unenclosed area that
eeds the maximum allowable FAR. There was no discussion. All voted
Frankel moved and Mr. Murphy seconded to recommend approval of a
:1 III Architectural /Site Plan based on a finding that the proposed
ilition of the existing structure and construction of a partial two -
:y Gulf Stream Bermuda style single - family dwelling with 2 -car
ige, consisting of 5,714.4 SF, and a swimming pool meet the minimum
!nt of the Design Manual and applicable review standards with the
.owing conditions:
Prior to the issuance of a certificate of occupancy, the owner of
property shall prepare and record a deed restriction which shall
,ide that all roof projection and unenclosed covered areas shall
in so for as long as the structure is in existence or exceeds the
.mum permissible FAR.
Prior to a certificate of occupancy a Gulf Stream Driveway
.tenance and Removal Agreement will be signed by the owner and will
'ecorded by the Town.
All exterior painting colors will conform to the Gulf Stream Code.
If not already, electric service lines shall be buried.
Placement of a generator shall meet the standards found in Noise
Sion III Noise Abatement and control for generators.
Placement of front wall shall be a minimum of 7.5' from the edge of
ment.
e was no discussion. All voted AYE.
3. An application submitted by Quinn Miklos, Miklos and
Associates P.A., as agent for Constance Swift, owner of
property located at 2562 Avenue Au Soleil, Gulf Stream,
Florida 33483, legally described as Lot 42 & 43 in
Place Au Soleil Subdivision, Gulf Stream, Florida.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of an attached 2,548 square foot guest
addition and 3 car garage to the existing 7,409 square
tectural Review and Planning Board
ar Meeting and Public Hearing - May 26, 2011
Page 6
foot, one - story, single family Gulf Stream Bermuda
dwelling.
n Miklos of Miklos & Associates introduced himself and stated his
ness address as 2263 NW Boca Raton Blvd., Boca Raton, Florida. He
he is the architect and husband of the home owner and has a vested
rest in this project. Mr. Miklos said there are two lots with a
y of Title and what they are proposing is a 2,548 SF guest addition
ched to the existing structure to include a 3 -car garage, two guest
ooms and a therapy room. He said it will be a continuation of the
itecture, with colors, windows and shutters matching the existing.
Miklos said the impact on their neighbors is very important to them
they plan to maintain their very rich landscaping on the property,
Pt for one tree. He said there are very high and lush Fishtail
is on the property and they cannot see the neighbors. Mr. Miklos was
d about the entry to the guest addition. He said access is from
ide with a path from the main portion of the house to an outer door
lino to a covered area and into the addition.
rman Ganger asked if they are impacted by noise from the FIND
ect. Mr. Miklos said occasionally, but they are blocked up with
scaping and they planted Sea Grapes back in that area. Mr. Thrasher
that FIND did their landscaping prior to pumping sludge. Mr.
by asked about the proposed floor area and Mr. Miklos said it is
7 SF. Vice - Chairman Morgan complimented Mr. Miklos on keeping with
architectural design and not building up. Mr. Murphy asked if there
been comments from the neighbors concerning and Mr. Miklos said
'positive comments. Mr. Thrasher said that prior to landscaping of
vacant lot, there were many comments from neighbors who asked the
.if they could do something. He said the homeowners voluntarily
.ailed a new water meter, irrigated the vacant lot, grew grass and
Iscaped to a point where privacy is not an issue.
Yr. Thrasher recommended that a condition be added to have the Place Au
:,1eil HOA review the plans for their consideration. Mr. Murphy moved
and Mr. Frankel seconded to recommend approval of a Level III
rchitectural /Site Plan based on a finding that the proposed attached
=,548 SF guest addition, and a 3 -care garage to the 7,348.5 SF one -story
'ngle- family Gulf Stream Bermuda dwelling meet the minimum intent of
' -.e Design Manual and applicable review standards with the following
= onditions:
Prior to a CO the existing shed shall be removed.
�• If the proposed site plan is altered because of the requirements of
lHealth Department a revised site plan will require ARPB approval.
Proposed plans must be submitted.to the Place Au Soleil HOA for
it review and consideration.
irman Ganger asked if there was an issue with the Health Department.
Miklos said the Engineer is working on the septic tank matter, the
veyor is working on the drainage plan and there should not be a
blem with the Health Department because, if they cannot connect to
existing drainage, there is an abundance of land to work with and
ey will submit a new plan. Clerk Taylor said they will not get a
cgitectural Review and Planning Board
eQular Meeting and Public Hearing - May 26, 2011 Page 7
o.�;_.iing permit if there is an issue and Mr. Thrasher said this matter
,as considered as a condition for approval. Mr. Miklos said he is in
,greement with all recommendations. There was no further discussion.
,;, -:oted AYE.
Items by Staff.
yr. Thrasher said he had two items for discussion, the first being the
roperty at 3575 N. Ocean Blvd., which was the Ireland Estate. He said
e property is for sale with only the building pad and garage left in
istence. Mr. Thrasher said the recent approval process for this
project was not successful and, after lengthy discussions with the owner
and architect, they had three options to choose from. He said the first
option was removed by the Town Attorney and the other options were to
either challenge his administrative decision or apply for a variance,
and neither was acceptable to the owner.
Mr. -'7 said the third option omitted by the Town Attorney concerns
Lhe 75% Rule. He said Mr. Randolph felt that since the house was
'totally demolished there was no value and no ability to compare the
addition value to slab value because it would not comply. Mr. Thrasher
said the applicant plans to sell the property as a vacant lot and will
come back to the ARPB for demolition of the garage and slab. He said
there will be conditions for stabilization of the soil set at that time.
9r. Frankel said some work to rebuild had already begun. Mr. Thrasher
said by the time a conclusion was reached, progression had taken place.
!r. Smith said he believed the approval was for renovation and asked why
it was totally down. Mr. Thrasher said staff was told that the walls
fell during demolition. He said in order to rebuild they would have to
conform to the Code and all of the setbacks and the original structure
vas non - conforming so the slab must go.
kr. Thrasher said anytime you see a special exception which entails
adding on to an existing structure, we must require a demolition plan be
s6mitted with data stating that the walls will remain. If the ARPB
does not see a demolition plan the applicant must come back. He said
lode Section 70- 107(5) says additions and /or rehabilitation projects
which exceed 75% of the fair market value of the existing structure
Shall be considered to be new structures and shall be subject to the
standards found in this chapter. Mr. Thrasher said there have been a
couple of approvals that have been brought back because the demolition
41an was first observed from the permit application. Clerk Taylor said
Elie demolition plan must be seen at the time of ARPB application review
cause in some cases it is too late when they are applying for a
Permit. Mr. Thrasher said he does not feel comfortable reviewing a
Wolition plan at the time of permit application to determine a 75%
le and has enlisted the assistance of the City of Delray Beach in
evious cases for approval. He said Code Section 66.131(7) talks about
struction through acts of God and fire, in which case it would be 50%
struction by those forces.
M= =hrasher said, in seeking assistance and having conversations, a
Wri— en document was provided by Urban Design Kilday Studios suggesting
Regular Meeting and Public Hearing
Town Commission - June 10, 2011
Page 6
next door. Mr. Wietsma said it is different wherein they changed the 2 °d
floor fagade, there is a recessed patio, the center of the home is
recessed back from the garage and the roof mitigates the issue of all
roofs blending in. Commissioner Wheeler observed from the rendering
that the front roof line on the left side is shorter than the right and
asked Mr. Wietsma to explain. Mr. Wietsma said he wanted to break it up
to give it a more natural look and if he added more height he would be
over the FAR.
Commissioner Wheeler moved and Commissioner Devitt seconded to approve
the Demolition Permit. There was no discussion. All voted AYE.
Commissioner Wheeler moved and Commissioner Anderson seconded to approve
the Land Clearing Permit. There was no discussion. All voted AYE.
Commissioner Wheeler moved and Commissioner Anderson seconded to approve
the Special Exception to allow 244 SF of covered, unenclosed area that
exceeds the maximum allowable FAR. There was no discussion. All voted
AYE. Commissioner Wheeler moved and Commissioner Anderson seconded to
approve the Level III Architectural /Site Plan based on a finding that
the proposed demolition of the existing structure and construction of a
partial two -story Gulf Stream Bermuda style single family dwelling with
a 2 -care garage, consisting of 5,714.4 SF and a swimming pool meet the
minimum intent of the Design Manual and applicable review standards with
the following conditions:
1. Prior to the issuance of a certificate of occupancy, the owner of
the property shall prepare and record a deed restriction which shall
provide that all roof projection and unenclosed covered areas shall
remain so for as long as the structure is in existence or exceeds the
maximum permissible FAR.
2. Prior to a certificate of occupancy a Gulf Stream Driveway and
Removal Agreement will be signed by the owner and will be recorded by
the Town.
3. All exterior painting colors will conform to the Gulf Stream code.
4. If not already, electric service lines shall be buried.
5. Placement of a generator shall meet the standards found in Noise
Division III Noise Abatement and control for generators.
6. Placement of front wall shall be a minimum of 7.5' from the edge of
pavement.
There was no discussion. All voted AYE.
3. An application submitted by Quinn Miklos, Miklos and
Associates P.A., as agent for Constance Swift, owner of
property located at 2562 Avenue Au Soleil, Gulf Stream,
Florida 33483, legally described as Lot 42 & 43 in Place
Au Soleil Subdivision, Gulf Stream, Florida.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of an attached 2,548 square foot guest
addition and 3 car garage to the existing 7,409 square
foot, one - story, single family Gulf Stream Bermuda
dwelling.
Mr. Gregor Miklos of Miklos & Associates introduced himself and stated
that he was present to represent his son, Quinn Miklos, agent for
Constance Swift who owns the property located at 2562 Ave. Au Soleil.
He said they are proposing an addition to the existing home consisting
Of two bedrooms, a play room and a 3 -car garage, and will have the same
'Regular Meeting and Public Hearing
Town Commission - June 10, 2011
Page 7
architecture and characteristics of the existing home. He said the
driveway will cut in behind the existing landscaping.
Commissioner Anderson commented that the home will be very long and
asked if the landscaping is adequate to mask the mass of the home. Mr.
Miklos said there is a lot of existing landscaping and none of it will
be removed. Mr. Thrasher said that it is his opinion that the existing
landscaping is adequate and commented that this property was originally
two separate lots which were recently unified. He said there was some
concern that the empty lot would remain open; however, Mrs. Swift
planted landscaping material in the vacant lot to obscure all existing
structures, including the proposed addition.
Mr. Julio Martinez, President of the Place Au Soleil Homeowners
Association, introduced himself and said he lives at 2564 Avenue Au
Soleil which is directly across the street from the subject property.
He stated that what the property owners have done with the landscaping
on this property is great and he was not present to dispute the project.
Mr. Martinez said that neighboring property owners do have a concern
that their lawns will suffer damage by contractors running over their
property during the construction. Mr. Miklos said that some damage
usually occurs during construction and he will be sure that any damage
to neighboring properties will be repaired. Commissioner Anderson
commented that the contractor for the new construction on Emerald Row
placed white cylinders along the property line to protect other
properties. Mr. Miklos said he can do the same and he will work with
the neighbors, but he is concerned about causing damage to the existing
landscaping on the Swift property. Mr. Thrasher stated that a $2,500
damage bond will be required prior to issuance of a building permit and
the Town will observe and check with neighbors to be sure everyone is
satisfied prior to the issuance of a Certificate of Occupancy.
Commissioner Anderson moved and Commissioner Devitt seconded to approve
the Level III Architectural /Site Plan based on a finding that the
proposed attached 2,548 SF guest addition and a 3 -car garage to the
7,348.5 SF one -story single family Gulf Stream Bermuda dwelling meet the
minimum intent of the Design Manual and applicable review standards with
the following conditions:
1. Prior to a CC the existing shed shall be removed. ,
2. If the proposed site plan is altered because of the requirements of
the Health Department a revised site plan will require ARPB approval.
3. Builder will work with the neighbors to protect their property from
any damage during construction by placing stakes along the property line
to be removed after the issuance of a Certificate of Occupancy.
There was no discussion. All voted AYE.
B. Presentations Regarding Gray Slate -like Roof Tile
Clerk Taylor administered the Oath to Mark Marsh of Bridges, Marsh &
Associates.
Mr. Brewer stated that he set several gray slate -like tiles on the roof
Of 1314 N. Ocean Blvd., took a photo of that section and provided the
Photo for distribution to the Commissioners, along with the address of a
home across the basin with the same roof tile. Vice -Mayor Orthwein said
she would prefer a tile that looked more like slate. Both Mr. Brewer
Gary R. Nikolits, CFA
Property Appraiser
PdMnWgh County
Location Address 2562 AVENUE AU SOLEIL
Municipality GULF STREAM
Parcel Control Number 20- 43- 46- 04 -22- 000 -0420
Subdivision PLACE AU SOLIEL
Official Records Book 24445 Page 1147
Sale Date MAR -2011
Legal Description PLACE AU SOLEIL LTS 42 & 43
Owners
SWIFT CONSTANCE J
Page 1 of 1
Property Appraiser's Public Aaess • =
Fi► ` x
Mailing address
2562 AVE AU SOLEIL
DELRAY BEACH FL 33483 6102
Sales Date Price OR Book /Page Sale Type Owner
MAR -2011 S10 24445 / 1147 QUITCLAIM SWIFT CONSTANCE J
DEC -2009 510 23698/0305 WARRANTY DEED SWIFT CONSTANCEJ
j MAR -1999 5425,000 10996 /1067 WARRANTY DEED SWIFT CONSTANCE J M
j OCT -1993 5100 07960 /1060 WARRANTY DEED
JUL -1993 5450,000 07819 /0878 WARRANTY DEED
I
12
Exemption Applicant /Owner Year Detail
SWIFT CONSTANCEJ 2014
i
Number of Units 1 'Total Square Feet 6877 Acres 0.89
Use Code 0100 -SINGLE Zoning RS -P - Single Family - PlaceAuSoleil ( 20 -GULF
FAMILY STREAM )
Tax Year 2013 2012 2011
Improvement Value $501,285 $431,503 5437,017
Land Value $547,111 $411,362 $399,380
Total Market Value 51,048,396 $842,865 5836,397
http: / /www.co.paim- beach. fl.usl papa / Asps/ PropertyDetail iPropertyDetail.aspx ?parcel= 204... 2/18/2014
All values are as of January 1st each year
j Tax Year
2013
2012
2011
! Assessed Value
$857,194
$842,865
5818,925
Exemption Amount
550,000
550,000
$50,000
Taxable Value
$807,194
$792,865
$768,925
Tax Year
2013
2012
2011
Ad Valorem
$15,122
$14,612
514,385
Non Ad Valorem
$174
$174
5174
Total tax
$15,296
$14,786
$14,559
http: / /www.co.paim- beach. fl.usl papa / Asps/ PropertyDetail iPropertyDetail.aspx ?parcel= 204... 2/18/2014
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN N. ORTHWEIN, Vice Mayor
FRED 0. DEVITT IN
CHRIS 0. WHEELER
MURIEL J. ANDERSON
June 17, 2011
Constance Swift - Miklos
2562 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mrs. Swift - Miklos:
Telephone
(561) Z7&5116
Fax
(561) 737 -0168
Town Manager
WILLIAM H. THRASHER
Tam Clerk
RMA LTAYLOR
This is to confirm that at the Public Hearing held by the Town
Commission on June 10, 2011, your application for a Level 3
Architectural /Site Plan Review to permit construction of an
attached 2,548 square foot guest addition and 3 car garage to the
existing 7,409 square foot, one - story, single family Gulf Stream
Bermuda style dwelling at the above address was considered.
The application was approved conditioned upon the following: 1)Prior
to a Certificate of Completion, the existing shed shall be removed.
2) If the proposed site plan is altered because of the requirements
of the Health Department, a revised site plan will require ARPB
approval. 3) Builder will work with the neighbors to protect their
property from any damage during construction by placing stakes
along the property line that must be removed after the issuance of
a Certificate of Completion.
This approval shall expire on June 10, 2012 if a Building Permit
Application, including the aforementioned improvements, has not
been applied for.
?/ yo
Rita L. Taylor l
Town Clerk
CC: Miklos & Associates P.A.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
JOAN K. ORTHWEIN, Mayor
THOMAS M. STANLEY, Vice -Mayor
W. GARRETT DERING
ROBERT W. GANGER
DONNA S. WHITE
November 7, 2013
Ms. Constance J.M. Swift
2562 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Ms. Swift:
Telephone
(561)276 -5116
Fax
(561)737.0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L TAYLOR
The Town is in receipt of your letter dated October 22, 2013. After
careful review of your comments the Town's position remains unchanged.
Before a Certificate of Completion will be issued, the existing shed
must be removed. Town records for the approval process clearly
indicate your agents had knowledge of this specific condition of
approval. In addition, both in the ARPB and Town Commission public
hearings, there was no objection by your agent to the condition
requiring the removal of the shed.
The Town also checked through historical records for a permit for
the installation or construction of your existing shed. Upon
completion of that search, there was no record of a permit. The
approval of your improvements was granted with the conditions, none
of which were challenged. Conformity to the Code, Section 70- 105(3)
is now required. Other properties referenced in your letter that
have an existing shed(s) have not sought development approval and
therefore are "grandfathered" from similar enforcement; Town Code
Section 1 -8. (A "link" to the Town Code is on the Town's Website)
This letter is to inform you that unless the shed is removed within
45 days of this date, December 22, 2013, a hearing will be scheduled
before the Special Magistrate. At this hearing the Special Magistrate
could assess fines up to $250.00 per day. It is my hope that such
actions will not be necessary. Your home is beautiful and it
greatly benefits your neighborhood and the Town of Gulf Stream. On
behalf of the Town, thank you for your efforts.
Sincerely,
William H. Thrasher
Town Manager
Encls: Staff Report 011 -12, Partial Minutes ARPB held May 26, 2011,
Partial Minutes Town Commission held June 10, 2011
100 SEA ROAD, GULF STREAM, FLORIDA 33483
City of Delray Beach Florida
100 NW 1ST AVE
DELRAY BEACH FL 33444
CERTIFICATE OF OCCUPANCY /CERTIFICATE OF COMPLETION
Application Number. .
CO Issue Date . . . .
Parcel Number . .
Property Address
Subdivision Name
Legal Description .
Property Zoning . . .
Owner . . . . . . . .
Contractor
Description of Work .
Valuation . . . . . .
Construction Type . .
Occupancy Type . . .
Flood Zone
DESIGN OCCUPANT LOAD
Building Code Edition
NOTES:
12- 00141573 000 000
9/04/13
20 43 46 04 22 000 0420
2562 AVENUE AU SOLEIL
DELRAY BEACH FL 33483
PLACE AU SOLEIL LT 42
UNKNOWN
SWIFT CONSTANCE J M
2562 AVE AU SOLEIL
DELRAY BEACH FL 33483 -6102
RIVER BIRCH HOMES
$UEST 184,372
TYPE V -B
RES- SINGLE FAMILY /DUPLEX
FLOOD ZONE A5 GULFSTREAM
1.00
BC/ BC: 1994,1997,2001,2004,200 ,2010
NEW 1 342 GUEST HOUSE ATTACHED TO
EXISHNG RESIDENCE, 1,006 SQ /FT GARAGE
AND A 200 SQ /FT COVERED ENTRY.
Building Official Steve Tobias,
VOID UNLESS SIGNED BY BUILDING OFFICIAL OR DESIGNEE
The described portion of the structure has been inspected for
compliance with the requirements of the code for the occupancy
and division of occupancy and the use for which the proposed
occupancy is classified.
l:
E9.NI CODE
DIVISION 2. CODE ENFORCEMENT*
Sec. 2 -66. Title.
This division may be ]mown and cited as the
"Code Enforcement Ordinance of the town of Gulf
Stream, Florida."
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2 -67. Special magistrate term.
(a) There is hereby established a special mag-
istrate who shall be designated by the town
commission.
(b) The special magistrate shall be appointed
for a term of two years and shall be appointed to
serve in an ex- officio capacity if the special mag-
istrate serves other local governments as a special
magistrate. Such service to other local govern-
ments does not create duties inconsistent with
serving as special magistrate to the Town of Gulf
Stream.
)c) The special magistrate shall be an attorney
and a member of the Florida Bar.
(d) The special magistrate shall serve at the
pleasure of the town commission.
(e) The special magistrate shall preside over
code enforcement matters scheduled to be heard
from time to time.
(fi Minutes shall be maintained at all hearings
presided over by the special magistrate; all hear-
ings shall be open to the public. The town shall
provide clerical and administrative personnel as
may be required by the special magistrate for the
proper performance of his/her duties.
(g) The town attorney or his/her designee shall
represent the town by presenting cases before the
special magistrate.
(Ord. No. 06 -02, § 1, 5 -5 -06)
State law reference—Special magistrates, F.S. § 162.03.
D2:4
*State law reference—Code enforcement, F.S. ch. 162.
AD1ILNISTRATIO\
Sec. 2 -68. Jurisdiction.
(a) The special magistrate shall have the juris-
diction and authority to hear and decide any
alleged violations of the following chapters of the
Code and ordinances of the town as the same may
be amended from time to time:
(1) Chapter 6, Animals;
(2) Chapter 10, Businesses, Professions and
Occupations;
(3) Chapter 18, Emergency Systems;
(4) Chapter 22, Nuisances;
(5) Chapter 26, Offenses;
(6) Chapter 38, Waterways;
(7) Chapter 42, Buildings and Building Reg-
ulations;
(8) Chapter 52, Marine Facilities, Structures
and Places; and
(9) Chapter 66, Zoning.
(10) Chapter 70, Design Manual.
(b) The jurisdiction of the special magistrate
shall not be exclusive. Any alleged violation of any
of the aforesaid codes and ordinances may be
pursued by appropriate remedy in the court at the
option of the administrative official bearing re-
sponsibility for enforcement of that respective
code or ordinance.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2-69. Enforcement procedure.
(a) An employee of the town who is duly au-
thorized by the town manager and responsible for
the enforcement of such ordinances, hereinafter
referred to as a 'bode enforcement officer," may
initiate code enforcement proceedings and issue
citations or notices of violation to a person or
persons to appear in front of the special magis-
trate when -the code enforcement officer, upon
personal investigation, has reasonable cause to
believe that the person or persons are in violation
of the codes cited in this division. Employees who
may be designated as code enforcement officers
may include but are not limited to, code inspec-
2 -69
tors, law enforcement officers, public works in-
spectors,fire safety inspectors, and zoninginspec-
tors.
(b) If a violation of the codes is found, the code
inspector shall notify the violator, unless subsec-
tion (c) below applies, and give such violator a
reasonable time, which shall not exceed 30 days,
to correct the violation. Should the violation con-
tinue beyond the time specified for correction, the
code inspector shall notify the special magistrate
and request a hearing. The special magistrate
shall schedule a hearing, and written notice of
such hearing shall be hand delivered or mailed as
provided in section 2 -75 to the violator. At the
option of the special magistrate, notice may addi-
tionally be served by publication or posting as
provided in section 2 -75. If the violation is cor-
rected and then recurs or if the violation is not
corrected by the time specified for correction by
the code inspector, the case may be presented to
the special magistrate even if the violation has
been corrected prior to the special magistrate
hearing, the notice shall so state.
(c) If a repeat violation is found, the code
inspector shall notify the violator but is not re-
quired to give the violator a reasonable time to
correct the violation. The code inspector, upon
notifying the violator of a repeat violation, shall
notify the special magistrate and request a hear-
ing. The special magistrate shall schedule a hear-
ing and shall provide notice pursuant to section
2 -75. The case may be presented to the special
magistrate even if the repeat violation has been
corrected prior to the hearing, and the notice shall
so state. If the repeat violation has been cor-
rected, the special magistrate retains the right to
schedule a hearing to determine costs and impose
the payment of reasonable enforcement fees upon
the repeat violator. The repeat violator may choose
to waive his or her rights to this hearing and pay
the costs as determined by the special magistrate.
A repeat violation is a violation of a provision of a
code or ordinance by a person whom the special
magistrate has previously found to have violated
the same provision within five years prior to the
violation.
(d) If the code inspector has reason to believe a
violation of the condition causing the violation
presents a serious threat to the public health,
CD2:5
§ 2 -69
GULF STREAM CODE
safety, and welfare or if the violation is irrepara-
ble or irreversible in nature, the code inspector
shall make a reasonable effort to notify the viola-
tor and may immediately notify the special mag-
istrate and request a hearing.
(Ord. No. 06 -02, § 1, 5 -5 -06)
State law reference—Similar provisions, F.S. § 162.06.
Sec. 2 -70. Conduct of hearings.
(a) At the hearing, the burden of proof shall be
upon the town to show by substantial competent
evidence that a violation did occur or does exist,
or has been repeated. Assuming proper notice of
hearing has been given to the respondent, either
as actual notice or as provided herein, a hearing
may proceed in the absence of the respondent.
(b) All testimony shall be under oath and shall
be recorded. The formal rules of evidence shall not
apply. Irrelevant, immaterial and unduly repeti-
tious evidence of a type commonly relied upon by
reasonable prudent persons in the conduct of
their affairs shall be admissible, whether or not
such evidence would be admissible at a trial in
the courts of the state. Documentary and physical
evidence may be admitted.
(c) The special magistrate may inquire of any
witness who is testifying before him/her. The
respondent, or his attorney and the town attorney
and his /her designee shall be permitted to inquire
of any witness before the special magistrate. The
special magistrate may call any witness deemed
necessary to provide a full and fair hearing of the
case.
(d) At the conclusion of the hearing, the spe-
cial magistrate shall issue findings of fact based
on evidence on the record and conclusions of law,
and shall issue an order affording the proper
relief consistent with the powers granted herein.
The order shall be stated orally at the meeting,
and shall be reduced to writing and mailed to the
alleged violator within ten working days after the
hearing. In the event the town prevails in prose-
cuting a case before the magistrate, it shall be
entitled to recover all costs incurred in prosecut-
ing the case before the special magistrate and
such costs may be included in the lien authorized
under section 2 -72 of this chapter. Administrative
costs, for purposes of this section, shall be $150.00.
The order entered by the magistrate shall in-
clude, in the event of noncompliance, a finding of
noncompliance, that the violator is required to
pay the town administrative costs in the amount
of $150.00, that the order must be complied with
by a specified date and that a fine, as well as the
cost of repairs, may be imposed if the order is not
complied with by such date. The administrative
costs shall be due regardless of whether the order
is complied with by the requisite date. A certified
copy of such order may be recorded in the public
records of the county and shall constitute notice
to any subsequent purchasers, successors in in-
terest, or assigns if the violation concerns real
property, and the findings therein shall be bind-
ing upon the violator and, if the violation concerns
real property, any subsequent purchasers or suc-
cessors in interest or assigns.
(Ord. No. 06 -02, § 1, 5 -5 -06; Ord. No. 09 -6, § 1,
11- 13 -09)
State law reference — Similar provisions, F.S. § 162.07.
Sec. 2 -71. Powers.
CD2:6
The special magistrate shall have the power to
(1) Adopt rules for the conduct of his/her
meetings and hearings.
(2) Subpoena alleged violators and witnesses
to his/her hearings.
(3) Subpoena evidence as necessary for his/
her hearings, including, but not limited to
physical and documentary evidence such
as records, surveys, plats and photo-
graphs-
(4) Take testimony under oath.
(5) Issue orders having the force and effect of
law which can command whatever steps
are necessary to bring a violation into
compliance, such decision to be made at
the hearing and reduced to writing and
mailed to the respondent(s) within ten
working days thereafter.
(6) Establish and enforce fines pursuant to
section 2 -72.
(7) Authorize the town attorney to foreclose
on liens imposed pursuant to section 2 -72
which remain unpaid after a period of
three months.
f
i `�
AD MaSTRATION
(S) Authorize the reduction of any fine he /she
has imposed.
(Ord. Igo. 06 -02, § 1, 5 -5 -06)
State law reference—Similar prm- sions, F.S. § 162.08.
Sec. 2 -72. Administrative fines, costs of re-
pair; liens.
(a) The special magistrate, upon notification
by the code inspector that an order of the special
magistrate has not been complied with by the set
time or, upon finding that a repeat violation has
been committed, may order the violator to pay a
fine in an amount specified in this section for each
day the violation continues past the date set by
the special magistrate for compliance or, in the
case of a repeat violation, for each day the repeat
violation continues, beginning with the date the
repeat violation is found to have occurred by the
special magistrate. In addition, if the violation is
a violation described in subsection 2 -69(d) of this
division, the special magistrate shall notify the
local governing body, which may make all reason-
able repairs which are required to bring the
property into compliance and charge the violator
with the reasonable cost of the repairs along with
the fine imposed pursuant to this section. If a
finding of a violation or a repeat violation has
been made as provided in this section, a hearing
shall not be necessary for issuance of the order
imposing the fine. If, after due notice and hearing,
a speciJ magistrate finds a violation to be irrep-
arable or irreversible in nature, it may order the
violator to pay a fine as specified in subsection (b),
below.
(b) A fine imposed pursuant to this section
shall not exceed $250.00 per day for a first viola-
tion, and shall not exceed $500.00 per day for a
repeat violation, and, in addition may include all
costs of repairs pursuant to subsection (a), above.
However, if the special magistrate finds the vio-
lation to be irreparable or irreversible in nature,
it may impose a fine not to exceed $5,000.00 per
violation.
(c) In determining the amount of the fine, if
any, the special magistrate shall consider the
following factors:
(1) The gravity of the violation;
§ 2 -73
(2) Any actions taken by the violator to cor-
rect the violation; and
(3) Any previous violations committed by the
violator.
(d) A certified copy of an order imposing a fine
may be recorded in the public record and thereaf-
ter shall constitute a lien against the land on
which the violation exists, and upon any other
real or personal property owned by the violator.
Upon petition to the circuit court, such order may
be enforced in the same manner as a court judg-
ment by the sheriffs of this state, including levy
against the personal property, but such order
shall not be deemed to be a court judgment except
for enforcement purposes. A fine imposed pursu-
ant to this section shall continue to accrue until
the violator comes into compliance or until a
judgment is rendered in a suit to foreclose on a
lien filed pursuant to this section, whichever
occurs first. A lien arising from a fine imposed
pursuant to this section runs in favor of the town
and the town may execute a satisfaction or re-
lease of a lien entered pursuant to this section.
After three months from the filing of any such lien
which remains unpaid, the town may authorize
the town attorney to foreclose on the lien. No lien
created pursuant to the provisions of this section
may be foreclosed on real property which is a
homestead under Section 4, Article X of the State
Constitution.
(Ord. No. 06 -02, § 1, 5 -5 -06)
State law reference—Similnr prmisions, F.S. § 162.09.
Sec. 2 -73. Duration.
No lien provided under this division shall con-
tinue for a period longer than 20 years after the
certified copy of an order imposing a fine has been
recorded, unless within that time an action to
foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose
on alien, the prevailing party is entitled to
recover all costs, including a reasonable attor-
ney's fee, that it incurs in the foreclosures. The
town shall be entitled to collect all costs incurred
in recording and satisfying a valid lien. The
continuation of the lien effected by the commence-
ment of the action shall not be good against
CD2:7
§ 2 -73 GULF STREAM CODE
{
creditors or subsequent purchasers for valuable
consideration without notice, unless a notice of lis
pendens is recorded.
(Ord. No. 06 -02, § 1, 5 -5 -06)
State law reference—Similar provisions, F.S. § 162.10.
Sec. 2 -74. Appeals.
An aggrieved party, including the town, may
appeal a final administrative order of the special
magistrate to the circuit court of Palm Beach
County, Florida. Such an appeal shall not be a
hearing de novo, but shall be limited to appellate
review of the record created before the special
magistrate. The appeal shall be filed within 30
days of the execution of the order to be appealed.
(Ord. No. 06 -02, § 1, 5 -5 -06)
State law reference — Similar provisions, FS. § 162.11.
Sec. 2 -75. Notices.
(a) All notices required by this section shall be
provided to the alleged violator by certified mail,
return receipt requested; by hand delivery by the
sheriff or other law enforcement officer, code in-
spector, or other person designated by the local
governing body; or by leaving the notice at the
violator's usual place of residence with any person
residing therein who is above 15 years of age and
informing such person of the contents of the
notice.
(b) In addition to providing notice as set forth
in this section, at the option of the special magis-
trate, notice may also be served by publication or
posting, as follows:
(1) Such notice shall be published once dur-
ing each week for four consecutive weeks
(four publications being sufficient) in a
newspaper of general circulation in Palm
Beach County, Florida. The newspaper
shall meet such requirements as are pre-
scribed under F.S. ch. 50 for legal and
official advertisements.
(2) Proof of publication shall be made as
provided in F.S. §§ 50.041 and 50.051.
(3) In lieu of publication as described in this
section, such notice may be posted for at
least ten days in at least two locations,
one of which shall be the property upon
which the violation is alleged to exist and
the other of which shall be at town hall.
(4) Proof of posting shall be by affidavit of the
person posting the notice, which affidavit
shall include a copy of the notice posted
and the date and places of its posting.
(c) Notice by publication or posting may run
concurrently with, or may follow, an attempt or
attempts to provide notice by hand delivery or by
mail as required under this section.
(d) Evidence that an attempt has been made to
hand deliver or mail notice as provided in this
section, together with proof of publication or post-
ing as provided in this section shall be sufficient
to show that the notice requirements of this
section have been met, without regard to whether
or not the alleged violator actually received such
notice.
(Ord. No. 06 -02, § 1, 5 -5 -06)
State law reference—Similar provisions, F.S. § 162.12.
Sec. 2 -76. Procedure to request that a fine
or lien imposed pursuant to sec-
tion 2 -72 be reduced; conditions
and criteria therefor.
(a) The owner of real property against which a
fine has been imposed pursuant to section 2 -72
may apply to the special magistrate, through the
town attorney or his/her designee, for a satisfac-
tion of the fine with less than full payment
thereof. No such application shall be considered
by the special magistrate until the applicant has
first shown that:
(1) All ad valorem property taxes, special
assessments, town utility charges and other
government - imposed liens against the sub-
ject real property have been paid.
(2) The applicant is not personally indebted
to the town for any reason.
(3) All town code violations have been cor-
rected under necessary permits issued
therefor.
(b) In considering an application to reduce a
fine or lien imposed pursuant to section 2 -72, no
satisfaction thereof shall be approved by the spe-
CD2:8
AD \=STRATION $ 2-80
vial magistrate with less than full payment thereof, nite term of imprisonment not to exceed 60 days,
unless the special magistrate shall make a spe- in a municipal detention facility or other facility
cific finding that no violation of any ordinance as authorized by law.
de -scribed in section 2 -68 of this Code exists on (Ord. No. 06 -02, § 1, 5 -5 -06)
the subject real property.
(c) The balance of any fine or lien imposed
pursuant to section 2 -72 that is reduced by the
special magistrate shall be paid on such terms as
approved byfthe special magistrate.
(d) If the property for which an application for
a fine reduction is being considered is owned by a
government or quasi - government entity, the spe-
cial magistrate may reduce such fine even if the
violation has not been corrected.
(e) `Where recording has occurred and a lien
filed against the property, any request for a sat-
isfaction of the lien with less than full payment
shall be considered by the town commission not
the special magistrate.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2 -77. Provisions supplemental and cu-
mulative.
Nothing contained in this division shall in any
way bar or prohibit the maintenance of a suit at
law or in equity by the town to enjoin or correct
any violation of the ordinances of the town, nor to
bar or prohibit the town from filing charges against
any person, firm or corporation -violating any
town ordinance as provided by existing laws. This
division shall be construed to be supplemental
and cumulative with any and all other remedies
available to the town and not exclusive.
(Ord. No. 06 -02, § 1, 5 -5 -06)
State law reference—Similar provisions. F.S. § 162.013.
Sec. 2 -78. Alternative code enforcement pro-
cedures.
The town may employ other methods of code
enforcement including, but not limited to, the
issuance of a notice to appear in county court or
arrest for violation of municipal ordinances as
provided for in F.S. ch. 901. Unless otherwise
specifically authorized and provided for by law, a
person convicted of violating a municipal ordi-
nance may be sentenced to pay a fine not to
exceed $500.00, and may be sentenced to a defi-
CD2
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
JOAN K. ORTHWEIN, Mayor
THOMAS M. STANLEY, Vice -Mayor
W. GARRETT DERING
ROBERT W. GANGER
DONNA S. WHITE
November 7, 2013
Ms. Constance J.M. Swift
2562 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Ms. Swift:
Telephone
(561)276.5116
Fax
(561)737.6188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L TAYLOR
The Town is in receipt of your letter dated October 22, 2013. After
careful review of your comments the Town's position remains unchanged.
Before a Certificate of Completion will be issued, the existing shed
must be removed. Town records for the approval process clearly
indicate your agents had knowledge of this specific condition of
approval. In addition, both in the ARPB and Town Commission public
hearings, there was no objection by your agent to the condition
requiring the removal of the shed.
The Town also checked through historical records for a permit for
the installation or construction of your existing shed. Upon
completion of that search, there was no record of a permit. The
approval of your improvements was granted with the conditions, none
of which were challenged. Conformity to the Code, Section 70- 105(3)
is now required. Other properties referenced in your letter that
have an existing shed(s) have not sought development approval and
therefore are "grandfathered" from similar enforcement; Town Code
Section 1 -8. (A "link" to the Town Code is on the Town's Website)
This letter is to inform you that unless the shed is removed within
45 days of this date, December 22, 2013, a hearing will be scheduled
before the Special Magistrate. At this hearing the Special Magistrate
could assess fines up to $250.00 per day. It is my hope that such
actions will not be necessary. Your home is beautiful and it
greatly benefits your neighborhood and the Town of Gulf Stream. On
behalf of the Town, thank you for your efforts.
Sincerely, *
William H. Thrasher
Town Manager
Encls: Staff Report 011 -12, Partial Minutes ARPB held May 26, 2011,
Partial Minutes Town Commission held June 10, 2011
100 SEA ROAD, GULF STREAM, FLORIDA 33483
TOWN OF GULF STREAM
ARCHITECTURAL REVIEW AND PLANNING REPORT
Application #: 011 -12 Owner. Constance Swift
Address: 2562 Ave. Su Soleil Agent: Quinn Miklos
Proposed Improvement: Construct an attached 2,548 SF guest addition and a 3
car garage to an existing one -story, single family Gulf
Stream Bermuda dwelling.
Approvals Requested:
Level III Architectural /Site Plan: To permit construction of an attached 2,548 SF guest
addition and a 3 car garage to the existing 7,409 SF,
one -story, single family Gulf Stream Bermuda
dwelling.
Gross Lot size: 39,984 SF (Unity of Title) Effective Lot Area: 39,984 SF
Proposed Total Floor Area: SF
Zoning District: RS-P
Architectural Style: G/S Bermuda
Allowable: 10,596.8 SF
Height. 20.0' (roof height 15 20' Preferred)
Neighborhood: Mixed
Issues Considered During Review:
Article IV. Drainage Regulations
Note: This application has not provided a drainage plan and the development size and scope
will require a new Health Department permit. Final approval from the Health Department may
require a revision to the site plan.
Section 70 -70 Floor area calculations
Section 70 -74 Setbacks
Section 70 -99 Roof design, slope and materials
Section 70 -100 Roof and eave heights
Section 70 -239 Windows
Recommendation:
Motion to recommend approval Level III Architectural /Site Plan based on a finding that the
proposed attached 2,548 SF guest addition, and a 3 car garage to the 7,348.5 SF, one -story, single
family Gulf Stream Bermuda dwelling meet the minimum intent of the Design Manual and
applicable review standards with the following conditions:
1. Prior to a CC the existing shed shall be removed.
2. If the proposed site plan is altered because of the requirements of the Health
Department a revised site plan will require ARPB approval.
Architectural Review and Planning Board
ARPB File #011 -12
ARPB May 26,2011; TC June 10, 2011 Page 2
ARPB Date: May 26, 2011
Action:
Level III Architectural /Site Plan: Recommended Approval with 3 conditions, the 2 conditions
listed above and number 3, proposed plans must be submitted to the Place Au Soleil HOA for
their review and consideration. (5 -0)
TC Date: June 10, 2011
Action:
Level III Architectural /Site Plan :Approved with 3 conditions: 1) Prior to a CO the existing
shed shall be removed. 2) If proposed site plan is altered because of requirements of the Health
Department, a revised site plan will require ARPB approval. 3) Builder will work with the
neighbors to protect their property from any damage during construction by placing stakes
along the property line to be removed after issuance of a CO. (40)
r
Architectural Review and Planning Board
Regular Meeting and Public Hearing - May 26, 2011 Page 5
wings. Mr. Wietsma said it recesses back 2016" and the second floor
elevation recesses back another 4 feet.
Mr. Smith asked if the wall will go entirely around the property. Mr.
Wietsma said yes, it is a block wall that will be stucco and most of it
will be in- filled with an aluminum railing. Mr. Frankel asked about the
copper boxes and Mr. Wietsma explained that they are collection boxes to
catch water from gushing into the courtyard. Mr. Thrasher asked if the
colors in the rendering are accurate and Mr. Wietsma confirmed that.
Mr. Wietsma said the exterior color is Navajo White, the roof is white,
the shutters are a blue green, the front door is mahogany with white
trim and the garage door is white.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval of a
demolition permit. There was no discussion. All voted AYE.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval of a
land clearing permit. There was no discussion. All voted AYE.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval of a
special Exception to allow 244 SF of covered, unenclosed area that
exceeds the maximum allowable FAR. There was no discussion. All voted
AYE.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval of a
Level III Architectural /Site Plan based on a finding that the proposed
demolition of the existing structure and construction of a partial two -
story Gulf Stream Bermuda style single - family dwelling with 2 -car
garage, consisting of 5,714.4 SF, and a swimming pool meet the minimum
intent of the Design Manual and applicable review standards with the
following conditions:
1. Prior to the issuance of a certificate of occupancy, the owner of
the property shall prepare and record a deed restriction which shall
provide that all roof projection and unenclosed covered areas shall
remain so for as long as the structure is in existence or exceeds the
maximum permissible FAR.
2. Prior to a certificate of occupancy a Gulf Stream Driveway
Maintenance and Removal Agreement will be signed by the owner and will
be recorded by the Town.
3. All exterior painting colors will conform to the Gulf Stream Code.
4. If not already, electric service lines shall be buried.
5. Placement of a generator shall meet the standards found in Noise
Division III Noise Abatement and control for generators.
6. Placement of front wall shall be a minimum of 7.5' from the edge of
pavement.
There was no discussion. All voted AYE.
3. An application submitted by Quinn Miklos, Miklos and
Associates P.A., as agent for Constance Swift, owner of
property located at 2562 Avenue Au Soleil, Gulf Stream,
Florida 33483, legally described as Lot 42 & 43 in
Place Au Soleil Subdivision, Gulf Stream, Florida.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of an attached 2,548 square foot guest
addition and 3 car garage to the existing 7,409 square
Architectural Review and Planning Board
Regular Meeting and Public Hearing - May 26, 2011 Page 6
foot, one - story, single family Gulf Stream Bermuda
dwelling.
Quinn Miklos of Miklos & Associates introduced himself and stated his
business address as 2263 NW Boca Raton Blvd., Boca Raton, Florida. He
said he is the architect and husband of the home owner and has a vested
interest in this project. Mr. Miklos said there are two lots with a
Unity of Title and what they are proposing is a 2,548 SF guest addition
attached to the existing structure to include a 3 -car garage, two guest
bedrooms and a therapy room. He said it will be a continuation of the
architecture, with colors, windows and shutters matching the existing.
Mr. Miklos said the impact on their neighbors is very important to them
and they plan to maintain their very rich landscaping on the property,
except for one tree. He said there are very high and lush Fishtail
Palms on the property and they cannot see the neighbors. Mr. Miklos was
asked about the entry to the guest addition. He said access is from
outside with a path from the main portion of the house to an outer door
leading to a covered area and into the addition.
Chairman Ganger asked if they are impacted by noise from the FIND
project. Mr. Miklos said occasionally, but they are blocked up with
landscaping and they planted Sea Grapes back in that area. Mr. Thrasher
said that FIND did their landscaping prior to pumping sludge. Mr.
Murphy asked about the proposed floor area and Mr. Miklos said it is
9,957 SF. Vice - Chairman Morgan complimented Mr. Miklos on keeping with
the architectural design and not building up. Mr. Murphy asked if there
have been comments from the neighbors concerning and Mr. Miklos said
only positive comments. Mr. Thrasher said that prior to landscaping of
the vacant lot, there were many comments from neighbors who asked the
Town if they could do something. He said the homeowners voluntarily
installed a new water meter, irrigated the vacant lot, grew grass and
landscaped to a point where privacy is not an issue.
Mr. Thrasher recommended that a condition be added to have the Place Au
Soleil HOA review the plans for their consideration. Mr. Murphy moved
and Mr. Frankel seconded to recommend approval of a Level III
Architectural /Site Plan based on a finding that the proposed attached
2,548 SF guest addition, and a 3 -care garage to the 7,348.5 SF one -story
single - family Gulf Stream Bermuda dwelling meet the minimum intent of
the Design Manual and applicable review standards with the following
conditions:
1. Prior to a CO the existing shed shall be removed. /
2. If the proposed site plan is altere ecause of the requirements of
the Health Department a revised site plan will require ARPB approval.
3. Proposed plans must be submitted to the Place Au Soleil HOA for
their review and consideration.
Chairman Ganger asked if there was an issue with the Health Department.
Mr. Miklos said the Engineer is working on the septic tank matter, the
Surveyor is working on the drainage plan and there should not be a
problem with the Health Department because, if they cannot connect to
the existing drainage, there is an abundance of land to work with and
they will submit a new plan. Clerk Taylor said they will not get a
Architectural Review and Planning Board
Regular Meeting and Public Hearing - May 26, 2011 , Page 7
building permit if there is an issue and Mr. Thrasher said this matter
was considered as a condition for approval. Mr. Miklos said he is in
agreement with all recommendations. There was no further discussion.
11 vote .
VII. Items by Staff.
Mr. Thrasher said he had two items for discussion, the first being the
property at 3575 N. Ocean Blvd., which was the Ireland Estate. He said
the property is for sale with only the building pad and garage left in
existence. Mr. Thrasher said the recent approval process for this
project was not successful and, after lengthy discussions with the owner
and architect, they had three options to choose from. He said the first
option was removed by the Town Attorney and the other options were to
either challenge his administrative decision or apply for a variance,
and neither was acceptable to the owner.
Mr. Thrasher said the third option omitted by the Town Attorney concerns
the 75% Rule. He said Mr. Randolph felt that since the house was
totally demolished there was no value and no ability to compare the
addition value to slab value because it would not comply. Mr. Thrasher
said the applicant plans to sell the property as a vacant lot and will
come back to the ARPB for demolition of the garage and slab. He said
there will be conditions for stabilization of the soil set at that time.
Mr. Frankel said some work to rebuild had already begun. Mr. Thrasher
said by the time a conclusion was reached, progression had taken place.
Mr. Smith said he believed the approval was for renovation and asked why
it was totally down. Mr. Thrasher said staff was told that the walls
fell during demolition. He said in order to rebuild they would have to
conform to the Code and all of the setbacks and the original structure
was non - conforming so the slab must go.
Mr. Thrasher said anytime you see a special exception which entails
adding on to an existing structure, we must require a demolition plan be
submitted with data stating that the walls will remain. If the ARPB
does not see a demolition plan the applicant must come back. He said
Code Section 70- 107(5) says additions and /or rehabilitation projects
which exceed 75% of the fair market value of the existing structure
shall be considered to be new structures and shall be subject to the
standards found in this chapter. Mr. Thrasher said there have been a
couple of approvals that have been brought back because the demolition
plan was first observed from the permit application. Clerk Taylor said
the demolition plan must be seen at the time of ARPB application review
because in some cases it is too late when they are applying for a
permit. Mr. Thrasher said he does not feel comfortable reviewing a
demolition plan at the time of permit application to determine a 75%
rule and has enlisted the assistance of the City of Delray Beach in
previous cases for approval. He said Code Section 66.131(7) talks about
destruction through acts of God and fire, in which case it would be 50%
destruction by those forces.
Mr. Thrasher said, in seeking assistance and having conversations, a
written document was provided by Urban Design Kilday Studios suggesting
Regular Meeting and Public Hearing
Town Commission =June 10, 2011 Page 6
next door. Mr. Wietsma said it is different wherein they changed the 2nd
floor fagade, there is a recessed patio, the center of the home is
recessed back from the garage and the roof mitigates the issue of all
roofs blending in. Commissioner Wheeler observed from the rendering
that the front roof line on the left side is shorter than the right and
asked Mr. Wietsma to explain. Mr. Wietsma said he wanted to break it up
to give it a more natural look and if he added more height he would be
over the FAR.
Commissioner Wheeler moved and Commissioner Devitt seconded to approve
the Demolition Permit. There was no discussion. All voted AYE.
Commissioner Wheeler moved and Commissioner Anderson seconded to approve
the Land Clearing Permit. There was no discussion. All voted AYE.
Commissioner Wheeler moved and Commissioner Anderson seconded to approve
the Special Exception to allow 244 SF of covered, unenclosed area that
exceeds the maximum allowable FAR. There was no discussion. All voted
AYE. Commissioner Wheeler moved and Commissioner Anderson seconded to
approve the Level III Architectural /Site Plan based on a finding that
the proposed demolition of the existing structure and construction of a
partial two -story Gulf Stream Bermuda style single family dwelling with
a 2 -care garage, consisting of 5,714.4 SF and a swimming pool meet the
minimum intent of the Design Manual and applicable review standards with
the following conditions:
1. Prior to the issuance of a certificate of occupancy, the owner of
the property shall prepare and record a deed restriction which shall
provide that all roof projection and unenclosed covered areas shall
remain so for as long as the structure is in existence or exceeds the
maximum permissible FAR.
2. Prior to a certificate of occupancy a Gulf Stream Driveway and
Removal Agreement will be signed by the owner and will be recorded by
the Town.
3. All exterior painting colors will conform to the Gulf Stream code.
4. If not already, electric service lines shall be buried.
5. Placement of a generator shall meet the standards found in Noise
Division III Noise Abatement and control for generators.
G. Placement of front wall shall be a minimum of 7.5' from the edge of
pavement.
There was no discussion. All voted AYE.
3. An application submitted by Quinn Miklos, Miklos and
'f Associates P.A., as agent for Constance Swift, owner of
property located at 2562 Avenue Au Soleil, Gulf Stream,
Florida 33483, legally described as Lot 42 & 43 in Place
Au Soleil Subdivision, Gulf Stream, Florida.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of an attached 2,548 square foot guest
addition and 3 car garage to the existing 7,409 square
foot, one - story, single family Gulf Stream Bermuda
dwelling.
Mr. Gregor Miklos of Miklos & Associates introduced himself and stated
that he was present to represent his son, Quinn Miklos, agent for
Constance Swift who owns the property located at 2562 Ave. Au Soleil.
He said they are proposing an addition to the existing home consisting
of two bedrooms, a play room and a 3 -car garage, and will have the same
Regular Meeting and Public Hearing
Town Commission - June 10, 2011 Page 7
architecture and characteristics of the existing home. He said the
driveway will cut in behind the existing landscaping.
Commissioner Anderson commented that the home will be very long and
asked if the landscaping is adequate to mask the mass of the home. Mr.
Miklos said there is a lot of existing landscaping and none of it will
be removed. Mr. Thrasher said that it is his opinion that the existing
landscaping is adequate and commented that this property was originally
two separate lots which were recently unified. He said there was some
concern that the empty lot would remain open; however, Mrs. Swift
planted landscaping material in the vacant lot to obscure all existing
structures, including the proposed addition.
Mr. Julio Martinez, President of the Place Au Soleil Homeowners
Association, introduced himself and said he lives at 2564 Avenue Au
Soleil which is directly across the street from the subject property.
He stated that what the property owners have done with the landscaping
on this property is great and he was not present to dispute the project.
Mr. Martinez said that neighboring property owners do have a concern
that their lawns will suffer damage by contractors running over their
property during the construction. Mr. Miklos said that some damage
usually occurs during construction and he will be sure that any damage
to neighboring properties will be repaired. Commissioner Anderson
commented that the contractor for the new construction on Emerald Row
placed white cylinders along the property line to protect other
properties. Mr. Miklos said he can do the same and he will work with
the neighbors, but he is concerned about causing damage to the existing
landscaping on the Swift property. Mr. Thrasher stated that a $2,500
damage bond will be required prior to issuance of a building permit and
the Town will observe and check with neighbors to be sure everyone is
satisfied prior to the issuance of a Certificate of Occupancy.
Commissioner Anderson moved and Commissioner Devitt seconded to approve
the Level III Architectural /Site Plan based on a finding that the
proposed attached 2,548 SF guest addition and a 3 -car garage to the
7,348.5 SF one -story single family Gulf Stream Bermuda dwelling meet the
minimum intent of the Design Manual and applicable review standards with
the following conditions:
1. Prior to a CC the existing shed shall be
2. If the proposed site plan is altered because of the requirements of
the Health Department a revised site plan will require ARPB approval.
3. Builder will work with the neighbors to protect their property from
any damage during construction by placing stakes along the property line
to be removed after the issuance of a Certificate of Occupancy.
There was no discussion. All voted AYE.
B. Presentations Regarding Gray Slate -like Roof Tile
Clerk Taylor administered the Oath to Mark Marsh of Bridges, Marsh &
Associates.
Mr. Brewer stated that he set several gray slate -like tiles on the roof
of 1314 N. Ocean Blvd., took a photo of that section and provided the
photo for distribution to the Commissioners, along with the address of a
home across the basin with the same roof tile. Vice -Mayor Orthwein said
she would prefer a tile that looked more like slate. Both Mr. Brewer
GULF STREAM DESIGN 11W,WAL $ 70 -105
Sec. 70 -105. Garages and accessory buildings.
Garages, storage sheds, decks, and other ancillary structures are elements which should be 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) Preferred.
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
Typical Gulf Stream- Bermuda style garage on small lni. Color, material. and
roof consistent with principal building (preferred)
CD70:59
Transmission Report
Date /Time 10 -09 -2013 03:21:18 p.m. Transmit Header Text
Local ID 1 5617370188 Local Name 1 Fax
This document : Confirmed
(reduced sample and details below)
Document size : 8.5 "x11 "
This is to confirm that at the Public Hearing held by the Town
Commission on June 10, 2011, your application for a Level 3
Arcbitectural /Site Plan Review to permit construction of an
attached 2,548 square foot guest addition and 3 car garage to the
existing 7,409 square foot, one- story, single family Gulf Stream
Bermuda style dwelling at the above address was considered.
The application was approved conditioned upon the following: 1)Prior
to a Certificate of Completion, the existing shed shall be removed.
2) If the proposed site plan is altered because of the requirements
of the Health Department, a revised site plan will require ARPB
Approval. 3) Builder will work with the neighbors to protect their
Property from any damage during construction by placing stakes
along the property line that must be removed after the issuance of
a Certificate of Completion.
This approval shall expire an June 10, 2012 if a Building Permit
Application, including the aforementioned improvements, has not
been applied for.
7� truly 70 yra,
Rita L. Taylor
Town Clerk
cc: Miklos 6 Associates P.A.
100 SeA Rop , GULF' STAE M, FLomnA 33483
Total Panes Scanned: T Tntal Pane, Cnnfl,mod
No.
Job
TOWN OF GULF STREAM
Start Tim
PALM BEACH COUNTY, FLomoA
Pages
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June 17, 2011
Constance Swift - Miklos
2562 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mrs. Swift - Miklos:
This is to confirm that at the Public Hearing held by the Town
Commission on June 10, 2011, your application for a Level 3
Arcbitectural /Site Plan Review to permit construction of an
attached 2,548 square foot guest addition and 3 car garage to the
existing 7,409 square foot, one- story, single family Gulf Stream
Bermuda style dwelling at the above address was considered.
The application was approved conditioned upon the following: 1)Prior
to a Certificate of Completion, the existing shed shall be removed.
2) If the proposed site plan is altered because of the requirements
of the Health Department, a revised site plan will require ARPB
Approval. 3) Builder will work with the neighbors to protect their
Property from any damage during construction by placing stakes
along the property line that must be removed after the issuance of
a Certificate of Completion.
This approval shall expire an June 10, 2012 if a Building Permit
Application, including the aforementioned improvements, has not
been applied for.
7� truly 70 yra,
Rita L. Taylor
Town Clerk
cc: Miklos 6 Associates P.A.
100 SeA Rop , GULF' STAE M, FLomnA 33483
Total Panes Scanned: T Tntal Pane, Cnnfl,mod
No.
Job
Remote Station
Start Tim
Duration
Pages
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Results
001
853
5612652155
03:19;49 p.m. 10 -09 -2013
00:00:58
1/1
1
EC
HS
CP9600
Abbreviations:
H5: Hostsend PL: Polled local MP: Mailbox print CP: Completed TS: Terminated by system
HR: Host receive PR: Polled remote RP: Report FA: Fail G3: Group 3
Ws: Waiting send MS:Mallboxsave FF: Fax Forward TU: Terminated by user EC: Error Correct
Transmission Report
Date /Time 10 -09 -2013 03:46:57p.m. Transmit Header Text
Local ID 1 5617370188 Local Name i
Total Pages Scanned:I
This document : Confirmed
(reduced sample and details below)
Document size : 8.5 "x11 "
Regular Meeting and Public Hearing
Town Commission - June 10, 2011
architecture and characteristics of the existing home
driveway will cut in behind the existing landscaping.
Fax
Page 7
He said the
Commissioner Anderson commented that the home will be very long any,
asked if the landscaping is adequate to mask the mass of the home:t_Mr.
Miklos said there is a lot of existing landscaping and none of it will
be removed. Mr. Thrasher said that it is his opinion that the existing
landscaping is adequate and commented that this property was originally
two separate lots which were recently unified. He said there was some
concern that the empty lot would remain open; however, Mrs. Swift
planted landscaping material in the vacant lot to obscure all existing
structures, including the proposed addition.
Mr. Julio Martinez, President of the Place Au Soleil Homeowners
Association, introduced himself and said he lives at 2564 Avenue Au
Soleil which is directly across the street from the subject property.
He stated that what the property owners have done with the landscaping
on this property is great and he was not present to dispute the project.
Mr. Martinez said that neighboring property owners do have a concern
that their lawns will Buffer damage by contractors running over their
property during the construction. Mr. Miklos said that some damage
usually occurs during construction and he will be sure that any damage
to neighboring properties will be repaired. Commissioner Anderson
commented that the contractor for the new construction on Emerald Row
placed white cylinders along the property line to protect other
properties. Mr. Miklos said he can do the same and he will work with
the neighbors, but he is concerned about causing damage to the existing
landscaping on the Swift property. Mr. Thrasher stated that a $2,500
damage bond will be required prior to issuance of a building permit and
the Town will observe and check with neighbors to be sure everyone is
satisfied prior to the issuance of a Certificate of Occupancy.
Commission= Anderson moved and Cramr4ssionar Devitt seconded to approve
the Level III Architectural /Site Plan based on a finding that the
Proposed attached 2,548 EF guest addition and a 3 -car garage to the
1,348.5 SF one -story single family Gulf Stream Bermuda dwelling meet the
minimum intent of the Design Manual and applicable review standards with
the following conditions:
,J- Prior to a CC the existinc shed shall be removed.
`2. If the proposed site plan is altered because of the requirements of
the Health Department a revised site plan will require ARPB approval.
3. Builder will work with the neighbors to protect their property from
any damage during construction by placing stakes along the property line
to be removed after the issuance of a Certificate of Occupancy.
There was no discussion. All voted AYE.
B. Presentations Regarding Gray Slate -like Roof Tile
Clerk Taylor administered the Oath to Mark Marsh of Bridges, Marsh s
Associates.
',Mr. Brewer stated that he set several gray slate -like tiles on the roof
of 1314 N. Ocean Blvd., took a photo of that section and provided the
;photo for distribution to the Commissioners, along with the address of a
heme across the basin with the same roof tile. Vice -Mayor Orthwein said
Ahe would prefer a tile that looked more like elate. Both Mr. Brewer
Total Paces Confirmed : 1
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HS
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Abbreviations:
H5: Host send PL: Polled local
HR: Host receive PR: Polled remote
WS: Waiting send MS: Mailbox save
MP: Mailbox print CP: Completed T5: Terminated by system
RP: Report FA: Fall G3: Group 3
FF: Fax Forward TU: Terminated by user EC: Error Correct
October 22, 2013
Mr. William Trasher
Town Manager
Town of Gulf Stream
100 Sea Road
Town of Gulf Stream, Fl 33483
Dear Mr. Trasher,
Sometimes during the interaction between Government and their Citizenry; Government
imposes requirements that at the moment may seem prudent but in retrospect are proven to
be arbitrary, capricious and injurious. It is with benign intent that I bring forth such a
requirement by the Town of Gulf Stream that was foisted upon me during the application
process of our Residential Addition. As you are aware, the Town's Staff placed, as a condition
of approval, the removal of an existing shed in return for the approval of a viable and fully
compliant Residential Addition. Even the most dispassionate observer would acknowledge that
the Town constructed an improper, discriminatory and unenforceable quid pro quo condition
that required the Applicant to surrender the legal rights of Ownership in order to gain
Governmental approval for an unassociated, compliant Residential Addition. Let me quickly
disabuse you of the notion that any Government at the Local, State or Federal level has the
expressed authority to coercive a Citizen into the forfeiture of property when that Citizen seeks
to develop their premises in a legal a manner. When the Town refused approval of the
Residential Addition unless the condition shed removal was met, the Town disenfranchised the
Applicant to such a compromising extent that the Applicant's free consent and self -
determination was nullified. Frankly, not only is the Town's actions reprehensible but they are
non - codified and willfully abusive. The Town's deportment usurps long standing State and
Federal protections of the Citizenry.
It is important to memorialize the general conditions and circumstances of the application for
the Residential addition.
A. The Residential Addition exceeded all prevailing Codes of the Town of Gulfstream
B. The majority of the Residential Addition was located on a second residential lot that
was unified by title
C. The existing shed has been located on the first residential lot for over ten years
D. There has been a shed located on the first residential lot for nearly forty years
E. The Town has been aware of the existing shed since it's placement on site
F. The Town has never issued a letter of violation or non - compliance regarding the
shed
G. The Town's stated reasoning for the shed removal is a non - codified desire to remove
all shed's from the Town of Gulf Stream
H. The Town actions are outside the prevue of Code
The following addresses are a partial list of residents that appear to have similar ancillary
structures:
A.
2550 Avenue Au Soleil
B.
810 Canary Walk
C.
800 Canary Walk
D.
815 Canary Walk
E.
2564 Avenue Au Soleil
F.
2900 Avenue Au Soleil
G.
2765 Avenue Au Soleil
Several weeks ago I forwarded to the Town a request for the Certificate of Completion. Within
that request was documentation that the Residential Addition has received a Final Inspection
Approval from the City of Delray. As you know, this signifies complete compliance with the
approved Drawings and successfully concludes the construction process. I am respectfully
requesting that the Certificate of Completion be issued immediately.
Sincerely,
V
Constance J.M. Swift
Owner
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