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HomeMy Public PortalAboutTown EvidenceBuilding Planning and Zoning Department 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 MW NLIELY,m M, x1a1L0U1flMV V V I, MaILMRMIN oilsmweau RBKI MIMM 0 June 17, 2011 Constance Swift - Miklos 2562 Avenue ALL Solail Gulf Stream, Florida 33463 Dear Mrs. Swift- Miklas: Fax TYNgvi, PYIIT¢+nY I¢ Pnl>nmw To¢i Yyygr M¢It4Y M.TXRpiNn1 TmbrY NRA LTAYION 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 No. lob Remote Station StartTlme I Duration I Pages Line Mode Job Type Results 001 1853 156126521SS 03:19:49 p.m. 10 -09- 2013 00:00:58 Jill 1 EC HS 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 Total Pages Confirmed: 1 No. Job Remote Station Start Tlme Duration Pages Llne Made lob Type Results 001 858 5612652155 03:44:30 p.m. 10 -09 -2013 00:01:55 1/1 1 EC Hs CP9600 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 1NVOVA G 3 1 1 v I d 1 0 N o° m�z ?moo R°tr I 1* OON t�y+ � 101 } ' ,mn (83NNOO SS3N.LIM V !8 3W3SV3 ,Z! HOHONV 1SV3HRION ,V 'LA 10NN03 �j6, L H11M 310d- 0!! 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