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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. 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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 Line Made Job Type EOamssMH s 001 Tw W E M b „ 03:19;49 p.m. 10 -09 -2013 '. L :V b Mn F. mml.mutfl mM MnI$.Tn tim 0. Mesa "al "im NM WLWY X.TMa6p1Ea T— AMA LTA"K 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 Line Made Job Type 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 No. Job Remote Station StartTlme Duration Pages Line Mode Job Type Results 001 858 5612652155 03:44:30 p.m.10 -09 -2013 00:01:55 1/1 1 EC HS CP9600 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. 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