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CASE NO: CE 4 -14
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Article #195
CODE ENFORCEMENT SPECIAL MAGISTRATE
TOWN OF GULF STREAM, FLORIDA
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.
1. Location/Address where violation(s) exist(s):
2562
Avenue
Au Soleil, Gulf Stream,
2. Legal Description: Lots 42 & 43 Place
Au
Soleil
Subdivision
3. Name and address of owner /person in charge where violation(s) exist(s):Constance J. Swift
2562 Avenue Au Soleil, Gulf Stream, FL 33483
Renoval 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 vio anon of Sec.
70 -74 that requires accessory structures to be placed 15' inside the rear
and - eds.
There is no record in the file that the shed was ever originally permitted. The
a ion was comp e e an e s re se issue a i ica of Comple-
tion as the shed has not been removed as was the condition that was placed at
tin Line of apprnued: of die addib4--an to the d��ellinq.
5.
Ga
(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, 20ldt 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
AU( YQA
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 VIOLATION(S) 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.
rte
By: R a L. Taylor, Town Cl #k
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
Page I of I
Incident Type:
Location of Incident:
Type of Premises:
Time of Call:
Time of Arrival:
Time Completed:
Officer Injured:
Date /Time Reported:
Occurred From:
Domestic:
Juvenile Involved:
Reporting Officer:
Name:
Home Address:
s�
FLA.
Gulf Stream Police Department
246 Sea Road
Gulf Stream, FL 33483
Phone: (561) 278 -8611 Fax: (561) 276 -2528
NON CRIMINAL OFFENSE REPORT
POLICE SERVICE
2562 AVE. AU SOLEIL
GULFSTREAM FL33483
RESIDENCE- SINGLE FAMILY
1230
1230
1245
NO
09/18/2014 12:45
NO
NO
INVESTIGATOR JOHN PASSEGGIATA
CONSTANCE SWIFT
2562 AVE AU SOLEIL
GULFSTREAM FL33483
Zone:
Processed By:
Complaint Number: 14 -1628
INV. JOHN PASSEGGIATA
Officer Killed/Assaulted: NO
OTHER
INCIDENT SUMMARY
AT THE ABOVE DATE AND TIME 1 DELIVERED TOWN OF GULF STREAM ARTICLE NUMBER #1900 MRS.
CONSTANCE SWIFT. MRS. SWIFT SIGNED THE RECEIPT ATTACHED TO THIS REPORT. NO FURTHER
INFORMATION.
RFrUM RECEIPT
Addressed 7b:
Constance J. Swift Article #
2562 Avenue Au Soleil
Gulf Stream, FL 195
Signature Ares ee Date Delivered
or
Agent Signature
-74
—3 C" /
§ 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
0
�I
Gulf Stream
Core
Ocean West
Beach ont
North l South
Place au Soleil
bIaximum Sec-
.70 x first floor
.70 x first floor
.70 x first floor
.70 x first floor
.70 x first floor
and Floor Area
area
area
area
area
area
(b) The use of architectural design features to provide variation among two -story single family homes
is required. One or more of the following features shall be incorporated within facades facing public or
private roadways on any new two -story, single family home in all zoning districts.
• Second -story setback (minimum five feet setback, in addition to ground level front setback)
• Front porch (minimum eight feet depth)
• Balcony (minimum 24 square feet)
• Arcade
The town commission may waive this requirement within subsection (b) if the applicant can demonstrate
that these features are inconsistent with the home's architectural style and that the desired visual
variation is provided through other measures.
(Ord. No. 00 -1, § 26, 3- 10 -00; Ord. No. 12 -4, § 11, 7- 13 -12)
Sec. 70 -74. Setbacks.
(a) Minimum building setbacks. The following table provides the minimum setback requirements for
principal and minor accessory structures. Those accessory structures not defined as "minor" shall meet
the same setbacks as principal structures.
CD70:32
0
�I
GULF STREANI DESIGN' 6L1LN'UAL
70 -75
` CCCL revers to the Coastal Cnnstmction Contral 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 efibetive
lot area definition.
(2) Driveways. A five -loot 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 fbr 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 all
Core
Ocean West
Beach front
NorthlSouth
Soleil
Front
Principal
30
30
25
30
30
Address
other than
Minor Ace.
25
30
25
25
25
AlA
Side
Principal
Total of both side setbacks shall be a minimum of 300r 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
Minor Ace.
17
25
17
17
17
AlA
Rear
Principal
20
20
25 /CCCL"
20
20
Interior/
Minor Ace.
15
15
15 /CCCL"
15
15
Beach
AlA
Principal
30
50
50
Regardless of
NIA
NIA
Minor Ace.
25
30
30
Address
Water
Principal
50"
30
30
30
Connected to
N/A
minor Acc.
20
20
20
20
ICWW
` CCCL revers to the Coastal Cnnstmction Contral 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 efibetive
lot area definition.
(2) Driveways. A five -loot 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 fbr 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
(3)
GULF STREAbt 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) 1
CD70:59 h
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 attache guest
addition and a 3 car garage to the existing 7,409 SF,
one - story, single family Gulf Stream Bermuda
dwelling.
Gross Lot size: ) 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:
J1 Prig&tp a CC the existmXg_shed sh , rbQ remov_e1W
2. If the proposed site plan is altered because of the requirements of the Health
Department a revised site plan will require ARPB approval.
r; rv;
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)
L
ng and Public Hearing - M Page 5
Mr. Wietsma said it recesses back 20'E" and the second floor
ation recesses back another 4 feet.
Smith asked if the wall will go entirely around the property. Mr.
sm.a 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.
w e:srr.a 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
111 olition permit. There was no discussion. All voted AYE.
Frankel moved and Mr. Murphy seconded to recommend approval of a
d clearing permit. There was no discussion. All voted AYE.
Frankel moved and Mr. Murphy seconded to recommend approval of a
cial Exception to allow 244 SF of covered, unenclosed area that
Beds 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
)lition of the existing structure and construction of a partial two -
:y Gulf Stream Bermuda style single - family dwelling with 2 -car
ge, consisting of 5,714.4 SF, and a swimming pool meet the minimum
;r._ 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
ride that all roof projection and unenclosed covered areas shall
tin 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
itenance and Removal Agreement will be signed by the owner and will
ecorded by the Town.
All exterior painting colors will conform to the Gulf Streau, 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 Solei1 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 7,4Q� square
pitectural Review and Planning Board
„jar Meeting and Public Hearing - May 26, 2011 Page 6
foot, one - story, single family Gulf Stream Bermuda
dwelling.
n- iklos of Miklos & Associates introduced himself and stated his
„ address as 2263 NW Boca Raton Blvd., Boca Raton, Florida.
Mr. Miklos said there are two lots with a
y of Title and w at 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,
c'. for one tree. He said there are very high and lush Fishtail
s 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
ing to a covered area and into the addition.
rman Ganger asked if they are impacted by noise from the FIND
act. 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
scaped to a point where privacy is not an issue.
yr. =hrasher 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
Pchitectural /Site Plan based on a finding that the proposed attached
X549 SF guest addition, and a 3 -care garage to the 7,346.5 SF one -story
sina'e- family Gulf Stream Bermuda dwelling meet the minimum intent of
to " =sign Manual and applicable review standards with the following
mna_ =ions:
osed site plan is altered because ot tne requirements of
..e rtment a revised site plan will require ARPB approval.
Proposed plans must be submitted.tc the Place Au Solei1 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 lard to work with and
y will submit a new plan. Clerk Taylor said they will not get a
itectural Review and Planning Board
lar Meeting and Public Hearing - May 26, 2011 Page 7
ding permit if there is an issue and Mr. Thrasher said this matter
considered as a condition: for approval.
There was no furtner lscussi .
voted AYE.
IItems by Staff.
Thrasher said he had two items for discussion, the first being the
perty at 3575 N. Ocean Blvd., which was the Ireland Estate. He said
property is for sale with only the building pad and garage left in
stence. Mr. Thrasher said the recent approval process for 'this
ject was not successful and, after lengthy discussions with the owner
architect, they had three options to choose from. He said the first
op 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.
ur. .- .rasher said the third option omitted by the Town Attorney concerns
Rule. He said Mr. Randolph felt that since the house was
toc._ly 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
dome back to the ARPB for demolition of the garage and slab. He said
}here will be conditions for stabilization of the soil set at that time.
ML. Frankel said some work to rebuild had already begun. Mr. Thrasher
s =aid by the time a conclusion was reached, progression had taken place.
P-*. Smith said he believed the approval was for renovation and asked why
s totally down. Mr. Thrasher said staff was told that the walls
juring demolition. He said in order to rebuild they would have to
con.' rm to the Code and all of the setbacks and the original structure
vas -.on- conforming so the slab mast go.
!!r. _' ^rasher said anytime you see a special exception which entails
atld -.i on to an existing structure, we must require a demolition plan be
s.i- -ted with data stating that the walls will remain. If the ARPB
toe not see a demolition plan the applicant must come back. He said
Section 70- 107(5) says addition=_ and /or rehabilitation projects
Whic :. exceed 75Z of the fair market value of the existing structure
Shall be considered to be new structures and shall be subject to the
S_Lan-i=__ds found in this chapter. Mr. Thrasher said there have been a
0 of approvals that have been brought back because the demolition
:ras first observed from the permit application. Clerk Taylor said
"•E Demolition plan must be seen at the time of ARPB application review
ca.:se in some cases it is too late when they are applying for a
it. Mr. Thrasher said he does not_ feel comfortable reviewing a
olition plan at the time of permit application to determine a 75%
e and has enlisted the assistance of the City of Delray Beach in
vious cases for approval. He said Code Section 66.131(7) talks about
truction through acts of God and fire, in which case it would be 50x
truction by those forces.
Thrasher said, in seeking assistance and having conversations, a
tten document was provided by urban Design Kilday Studios suggesting
Regular Meeting
Town Commission
and Public
- June 10,
0
next door. Mr. Wietsma said it is different wherein they changed the 2{'
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.
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.
ve the
ting
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:
2. If the propo eo !.1 U plan is aiterect necause 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
Ve would prefer a tile that looked more like slate. Both Mr. Brewer
/1'1i
COMMISSIONERS
WILLIAM F. NOCH, JR. Mayor
JOAN N. ORTHWEIN, Vice Mayor
FRED B. DEVITT IN
CHRIS D. WHEELER
MURIEL J. ANDERSON
June 17 , 20x1 7W 17
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
9onstance Swift-Mikl3s
2562 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mrs. Swift - Miklos:
Telephone
(561) 276 -5116
Fax
(561) 737 -0186
Town Manager
WILLIAM H. THRASHER
Town Clerk
PRA L TAYLOR
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)Prio
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
Application, including the
been applied for.
V7 truly yo
Rita L. Taylor l
Town Clerk
on June 10, 2012 if a Building Permit
aforementioned improvements, has not
CC: Miklos & Associates P.A.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
nr
JOAN K. ORTHWEIN, Mayor
THOMAS M. STANLEY, Vice -Mayor
W.GARRETTDERING
ROBERT W. GANGER
DONNAS. WHITE
November 7, 2013
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Ms. Constance J.M. Swift
2562 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Ms. Swift:
. F
Telephone
(561)276 -5116
i'zil y'_
Fax
(561)737 -0166
a L
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,
wg44�(
O -K//
�
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 <_ 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. (4 -0)
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.
S. 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
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:
?1YF 1. Prior to a CO 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. 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 2ad
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
'l 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
r
LR egular Meeting and Public Hearing
o wn 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 re�
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 ]LL UAL S 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 strictures integrated with the architectural style of the home
(2) Discouraged.
Screened enclosures visible from the street
(3 ) Prohibited.
All garages facing street on lots over 20.000 square feet not adequately screened or buffered from
roadways
Carports
Garage doors that dominate the front elevation
Metal storage sheds
Three -stall or larger garages on any lot not adequately screened or buffered from roadways
Two story screen enclosures
i
Typical Gulf Stream- Bermuda style garage on small lot. Color, material, and
roof consistent n ilh principal building (preferred)
CD70:59
Date /Time
Local ID 1
Total Paces Scanned
I Transmission Report I
10 -09 -2013 03:21:18 p.m. Transmit Header Text
5617370188 Local Name 1
This document: Confirmed
(reduced sample and details below)
Document size : 8.5"x11 "
C C
TOWN OF GULF STREAM
PALM BEACH CouNTY, FLORIDA
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June 17, 2011
Constance Swift - Miklos
2562 Avenue ALL Solail
Gulf Stream, Florida 33463
Dear Mrs. Swift- Miklas:
Fax
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This in 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 cax 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) I£ the proposed Bite 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 Pernit
Application, including the aforementioned improvements, has not
been applied for.
V truly yo re,
V..�- 71 r
Rita L. Taylor el
Town Clerk
cc: Miklos n Associates P.A.
100 SEA ROAD, GULF STaeau, FLORIDA 33483
Total Panac fnnfirmed
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Line
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1853
156126521SS
03:19:49 p.m. 10 -09- 2013
00:00:58
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CP9600
Abbrevlatlons:
HS: Host send PL: Polled local
HR: Host receive PR: Polled remote
WS: Waiting send M5: Mailbox save
MP: Mailbox print CP:Completed TS: Terminated by system
RP: Report FA: Fall G3: Group 3
FF: Fax Forward TU: Terminated by user EC: Error Correct
Date /Time
Local ID 1
Total Pages Scanned :l
Transmission Report
10 -09 -2013 03:46:57 p.m. Transmit Header Text
5617370188 Local Name 1 Fax
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.
Page 7
He said the
Commissioner Anderson commented that the home will be very long an
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
he 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. Julie 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. Ccmmissioner Anderson
commented that the contractor for the new construction or. 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 abcut causing damage to the existing
landscaping on the Swift property. Mr. Thrasher stated that a $2,500
damage bond will be required prior to issuance of a building permit and
the Town will observe and check with neighbors to be sure everyone is
satisfied prior to the issuance of a Certificate of Occupancy.
Commissioner Anderson moved and Cmmmissiomer Devitt seconded to approve
the Level III Architectural /Site Plan based on a finding that the
Proposed attached 2,548 SF guest addition and a 3 -car garage to the
7,348.5 SF one -story single family Gulf Stream Bermuda dwelling meet the
minimum intent of the Design Manual and applicable review standards with
the following conditions:
jn Prior to a CC ti-,e existing s:^ed shall be remcved.
`2. If the proposed site plan is altered because of the requirements of
the Health Department a revised site plan will require ARPB approval.
3. Builder will work with the neighbors to protect their property from
any damage during construction by placing stakes along the property line
to he removed after the issuance of a Certificate of Occupancy.
There was no discussion_ All voted AYE.
B. Presentations Regarding Gray Slate -like Rocf Tile
Clerk Taylor administered the Oath to Mark Marsh of Bridges, Marsh d
Associates.
'.Mr. Brewer stated that he set several gray slate -like tiles on the roof
cf 1314 N. Ocean Blvd., took a photo of that section and provided the
;'Photo for distribution to the Commissioners, along with the address of a
..home across the basin with the same roof tile. Vice -Mayer Orthwein said
;$he would prefer a tile that looked more like slate. Both Mr. Brewer
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Abbreviations:
HS: Host send PL: Polled local
HR: Host receive PR: Polled remote
WS: Walting 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, FI 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,
Constance J.M. Swift
Owner
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