HomeMy Public PortalAboutAPP 010~06 (Lrage Plan In File)TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
Telephone
(561) 276-5116
WILLIAM F. KOCH, JR. Mayor
Fax
JOAN K. ORTHWEIN, Vice Mayor
(561) 737-0188
FRED B. DEVITT III
CHRIS D. WHEELER
Town Manager
MURIELJ. ANDERSON
WILLIAM H.THRASHER
Town Clerk
RITA L. TAYLOR
October 12, 2010
Glenn Cotton
2894 NE 26th Place
Ft. Lauderdale, FL 33306
Dear Mr. Cotton:
This is to confirm that at the Public Hearing held by the Town
Commission on October 8, 2010, your application for a Special
Exception to allow an addition of 277 sq. ft. to the northeast
corner of the existing first floor that will extend a non -conforming
wall that encroaches one foot into the required 15 foot north side
setback and combined setbacks; a Special Exception to permit a second -
story addition of 1,192 sq. ft. that will extend over a non -conforming
wall that encroaches one foot into the required 15 ft. south side
setback and combined setbacks; a Special Exception to permit the
addition of covered, unenclosed area that exceeds the maximum FAR
allowed by 142 sq. ft.; and a Level 3 Architectural/Site Plan Review
to permit a first floor addition of 277 square ft., a second -story
addition of 1,192 square ft., 526 sq. ft. of covered, unenclosed
area to an existing Anglo Caribbean style single family dwelling,
new pool and driveway was considered.
The application was approved conditioned upon the following: 1) Prior
to the issuance of a Certificate of Occupancy, the owner of the
property shall provide a deed restriction stating that all unenclosed
roof projection areas as approved shall remain so for as long as the
structure is in existence of exceeds the maximum permissible FAR;
2) Prior to the issuance of a Certificate of Occupancy, the owner of
the property shall prepare and record a Gulf Stream Driveway Removal
Agreement; 3) Any minor modifications in the landscape plan shall be
submitted to the Town Manager for review and approval and any major
modifications shall be brought back to the ARPB for review and
approval, prior to commencement of landscaping; 4) Plans to be
100 SEA ROAD, GULF STREAM, FLORIDA 33483
October 12, 2010
Page 2
submitted to Place Au Soleil Homeowners Association for review and
comment prior to Public Hearing to be held by the Town Commission on
October 8, 2010; 5) 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 a hedge at the south property
line shall be maintained at a minimum height of 12 feet for as long
as the structure remains on this property; 6) The landscape plan shall be
revised to include landscape material on the south side of the
structure to screen the second story and add privacy for the property
to the south; 7) The roof shall be white (through and through) flat
cement tile; 8) Prior to the issuance of a permit for demolition, a
drainage plan and a Palm Beach County Health Department approval
for the septic tank shall be provided at that time.
These approvals shall expire on October 8, 2011 if a Building Permit
Application, including the aforementioned improvements, has not been
applied for.
Ver truly yours,
V\ `
Rita L. Taylor
Town Clerk
CC: Robert Paglia, Agent
TOWN OF GULF STREAM
ARCHITECTURAL REVIEW AND PLANNING REPORT
Application #: 010-06
Address: 2534 Avenue Au Soleil
Proposed Improvement:
Approvals Requested:
Special Exception (1):
Special Exception (2):
Special Exception (3):
Level III Architectural/Site Plan:
Gross Lot size: 15,000 SF
Proposed Total Floor Area: 5,092 SF
Zoning District: RS -P
Finished Floor: 8.41' NGVD
Issues Considered During Review:
Section 70-67 Effective lot area
Section 70-70 Floor area calculations
Owner: Glenn Cotton
Agent: Robert Paglia
Construction of a first and second floor addition,
covered unenclosed area to an existing Anglo
Caribbean style single family dwelling, new pool and
driveway.
To permit an addition of 277 SF to the northeast corner
of the existing first floor that will extend a non-
conforming wall that encroaches one foot into the
required 15 foot north side setback and combined
setbacks.
To permit a second -story addition of 1,192 SF that will
extend over a non -conforming wall that encroaches one
foot into the required 15 foot south side setback and
combined setbacks.
To permit the addition of covered unenclosed area that
exceeds the maximum FAR allowed by 142 SF.
To permit construction of a first floor addition of 277
SF, a second -story addition of 1,192 SF, 526 SF of
covered unenclosed area to an existing Anglo
Caribbean style single family dwelling, new pool and
driveway.
Effective Lot Area: 15,000 SF
Allowable: 4,950 SF; 5,092 w/Special Exception
Height: 25.5' (roof height <_ 30' Preferred)
Section 70-72 Special exception floor area ratio (FAR) (b) Up to 300 square feet of roof projections
)covered, unenclosed floor areas) may exceed the maximum permissible FAR...
Note: Application appears to meet the standards for approval.
Section 70-73 Second floor area
Section 70-74 Setbacks
Section 70-75 Special exception setbacks (c) Additions to structures zoith existing nonconforming
setbacks.
Note: Application appears to meet the standards for approval.
Architectural Review and Planning Board
ARPB File #010-06
ARPB September 23, 2010; TC October 8, 2010 Page 2
Section 70-100 Roof and eave heights
(2) Discouraged. Eave heights: Betzveen ten feet six inches and 12 feet six inches for one-story
portions.
Note: The application indicates a 11 feet 9 inches eave height for the one-story portion.
Section 70-187 Table of district stand
Motion to recommend approval to permit an addition of 277 SF to the northeast corner of the
existing first floor that will extend a non -conforming wall that encroaches one foot into the
required 15 foot north side setback and combined setbacks. (Special Exception 1.)
Motion to recommend approval to permit a second -story addition of 1,192 SF that will extend
over a non -conforming wall that encroaches one foot into the required 15 foot south side
setback and combined setbacks. (Special Exception 2.)
Motion to recommend approval for a Special Exception to permit the addition of covered,
unenclosed area that exceeds the maximum FAR allowed by 142 SF. (Special Exception 3.)
Motion to recommend approval Level III Architectural/ Site Plan based on a finding that the
Proposed first floor addition of 277 SF, a second -story addition of 1,192 SF, 526 SF of covered
unenclosed area to an existing Anglo Caribbean style single family dwelling, new pool and
driveway 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 unenclosed roof
projection areas as approved shall remain so for as long as the structure is in
existence or exceeds the maximum permissible FAR.
2. Prior to the issuance of a Certificate of Occupancy the owner of the property shall
prepare and record a Gulf Stream Driveway Removal Agreement.
3. Any minor modifications in the landscape plan shall be submitted to the Town Manager for
review and approval and any major modifications shall be brought back to the ARPB for
review and approval, prior to commencement of landscaping.
4. Plans to be submitted to Place Au Soleil Homeowners Association for review and comment
prior to Public Hearing to be held by Town Commission on October 8, 2010.
5. Prior to the issuance of a Certificate of Occupancy, the ozvner of the property shall prepare and record
a deed restriction which shall provide that a hedge at the south property line shall be maintained at a
minimum height of 12' for as long as the structure remains on this property.
6. The landscape plan shall be revised to include landscape material on the south side of the structure to
screen the second story and add privacy for the property to the south.
7. The roof shall be white (through and through) flat cement tile.
ARPB Date: September 23, 2010
Action:
Special Exception (1): Recommend approval. (4-0)
Special Exception (2): Recommend approval. (4-0)
Special Exception (3): Recommend approval. (4-0)
Level III Architectural/Site Plan: Recommend approval with the 7 conditions. (4-0)
Architectural Review and Planning Board
ARPB File #010-06
ARPB September 23, 2010; TC October 8, 2010
TC Date: October 8, 2010
Action:
Special Exception (1): Approved as recommended (4-0)
Special Exception (2): Approved as recommended (4-0)
Special Exception (3): Approved as recommended (4-0)
Level III Architectural/ Site Plan: Approved as recommended w/7 conditions. (4-0)
Page 3
Town of Gulf Strea4p() a\ �j v yq,� Address-
) ,� 3
PART 1. APPLICATION REQUIREMENTS
To be completed by Town Staff during pre -application conference.
A. Review and Approval Processes
❑
1.
N. Ocean Overlay Permit
❑
2.
Land Clearing Permit
❑
3.
Annexation Review
❑
4.
Comprehensive Plan Text Amendment Review
X
5.
Demolition Permit
❑
6.
Future Land Use Map Change Review
❑
7.
Administrative Appeal
❑
8.
Zoning code Text Amendment Review
B. Application Materials
OREECEIVE®•
AUG 19 ? ��
Town of Gulf Stream, FL
❑ 9. Sign Review
X10. Site Plan Review, Level III
❑ 11. Site Plan Revision
X12. Special Exception Review
❑ 13. Subdivision Review
❑ 14. Variance Review
❑ 15. Rezoning Review
❑ 16. (Other)
COPIES
[[NUMBER OF
REQ IRED
1
APPLICATION MATERIAL
1. Completed Development Application
-z3
2. Fee of - + I
17
3. General Location Map (on site Plan)
17
4. Site Plan (2 full size, 15 reduced to 11x 17")
17
5. Building Elevations (2 full size, 15 reduced')
17
6. Floor Plans (2 full size, 15 reduced`)
-
F17
7. Roof Plans (2 full size, 15 reduced')
8. Perspective and/or Color rendering
(Recommended for meeting)
1
9. Drainage Plan (if altered)
17
10. Landscape Plan (2 full size, 15 reduced`)
C
11. Septic Tank Permit
12. DOT Driveway Permit (if on Al A, for any
alterations to drive)
13. DOT Landscape Permit (A1A)
17
14. Survey (11" x 17")
15. Subdivision Plat
16. Concurrency Documents
1
17. Proof of Ownership (warranty deed)
1
18. Agent Affidavit
15
19. List of Adjacent Propert wners
r1ve.1
20. Property owners within 2 ' 300' (stamped
addressed envelopes, no return address)
1
21. Property Owners Affidavit
r1S t
22. Photos of Existing Home (if applicable)
1
23. Construction Traffic Management Plan'; >ti
24. ,JSD
11.j I `...11c[ C rrruruNre UUNres or a urawrng are requires, two copies shall be an original full
size (24" x 36") drawing which is signed and sealed. All other copies shalt be reduced to 11" x
17". Please refer to the instruction for more detailed information.
Application for Developm nl Approval, Form ADA.32000 Page 1
�JovemU001 �� 1 > )� � k i'��/�trJU / `
� l/ !� A BC��
Town of Gulf Stream
TOWN OF GULF STREAM
.AUG 19 2010
Town of Gulf Stream, Fl,
APPLICATION FOR DEVELOPMENT APPROVAL
This form is to be used for all development review applications to be heard by the Town of Gulf Stream
Architectural Review and Planning Board, Board of Adjustment, and/or Town Commission. To complete the
form properly, please review the accompanying Town of Gulf Stream Instruction Manual for Application for
Development Review Form. Failure to complete this form properly will delay its consideration.
C. Agent Information
I.C.I. Agent Name and Firm Name:
I.C.2. Agent Address:
I.C.3. Agent Phone Number: (o)
1.C.4. Agent Signature: /�V
Pre -App Date:
App Date:
Com Date: _
Decision:
V0
Z�e4t / kL-Ise � 3 V "
Fax -02V-,?6V
V Utficial Use Only
ARPB Date:
Recommendation:
TC Date:
Application for Development Approval Form ADA.2000
revised 6/13/00
Page 2
ARPB File 1 /Q
To be
completed by all applicants. PART II. GENERAL INFORMATION
A. Project Information
I.A.1.
Project/Owner Name:_ yU ti C o f' -,r -6v"%
I.A.2.
Project Address:
I.A.3.
Project Property Legal Description:
I.A.4.
Project Description (describe in detail, including # of stories, etc.).
l
_
I.A.5.
Square Footage of New Structure or Addition: b5b �� (�
>rj Z ITC
Architectural Style: (p
1.A.6.
Check all that apply: Architectural/Site Plan Review ❑ Land Clearing
Overlay (complete section B) ❑ Demolition
❑ North Ocean Boulevard
of Structures 0 Non-residential
(complete section G) g Special Exception (complete section E)
uses ❑ Variance
1.A.7.
(a) Proposed F.F.E.:
Type of Foundation:
B. Owner
Information
I.B.1.
Owner Address:_ I L��C ()+f
I.B.2.
Owner Phone Number: /SG/ s%U
Fax:
I.13.3.
Owner Signature:
C. Agent Information
I.C.I. Agent Name and Firm Name:
I.C.2. Agent Address:
I.C.3. Agent Phone Number: (o)
1.C.4. Agent Signature: /�V
Pre -App Date:
App Date:
Com Date: _
Decision:
V0
Z�e4t / kL-Ise � 3 V "
Fax -02V-,?6V
V Utficial Use Only
ARPB Date:
Recommendation:
TC Date:
Application for Development Approval Form ADA.2000
revised 6/13/00
Page 2
Town of Gulf Stream
PART III. PROJECT DESCRIPTION AND JUSTIFICATION AUG 19 2010
t
To be completed by all applicants after pre -application conference with Town Staff please be concise but
brief. Attach additional sheets only when necessary and be sure to include the appropriate and complete
questionnumber for each response.
A. Project Description and Justification 5 -P
III.A.1. In what zoning district is the project site located? _ J(, �y (�
ITLA
�U
III.A.2. Is the project compatible with the intent of the zoning district? P(Yes ❑ No
Explain.
III.A.3. Is the project consister4lwith the Future Land Use Map and goals, objectives and policies of the
Comprehensive Plan? 4yes ❑ No
Explain.
III.A.4. How are ingress and egress to the property to be provided?
txIST W 6 WVe W Ay !Fj�54, TO rzW AIX)
III.A.5. How are the following utilities to be provided to the property?
a. Stormwater Drainage�.�- l
b. Sanitary Sewer
c. Potable Water
d. Irrigation Water
e. Electricity
f. Telephone
g. Gas
h. Cable Television
III.A.6. If the project involves the erection of one or more structures, please describe how the structures are
consistent with the criteria in Section 66-144 of the Town of Gulf Stream Code. (Attach additional
sheet if necessary.)
PART IV. ADDITIONAL INFORMATION
Section A is to be completed by all applicants after pre -application conference with Town staff. Answering
"Yes" to any question in Section A requires the completion of additional Sections as indicated.
A. Additional Approvals/Requirements
IV.A.1. Does the project i olve land area within fifty feet (50') of the A1A (North Ocean Boulevard) right-of-
way? ❑ Yes o (If "Yes", section B of this part must be completed.)
IV.A.2. Does the project involve the demolition of one or more structures? I Yes ❑ No
(If "Yes", section C of this part must be completed.) �
IV.A.3. Does the project involve the clearing or filling of any portion of an exis'n vacant lot or more than
fifty percent (50%) of the landscaped area of a developed lot? ❑ Yes VNo
(If "Yes", section D of this part must be completed.)
IV.A.S.es the project require approval of a Special Exception?
P,Yes ❑ No (If "Yes", section E of this part must be completed.)
P )
IV.A.6. Is the p o' ct at variance with any regulations contained in the Zoning Code?
❑ Yes No (If "Yes", section G of this part must be completed.)
Application for Development Approval Form ADA.32000
Page 3
'Town of Gulf Stream
B. Projects Requiringrth Ocean Boulevard O rlay Permit AUG 19 2011
Town of Gulf Stream, R
IV.B.1. What significant landscape fes or architectural features are to j� disturbed or added and to what
ure
extent? >0 7l
IN c=1146 (A
IV.B.2. Describe the need and justification for
,I
isturbance/addition:
IV.B.3. Will the disturbance/addition destroy or seriou'siximpair visual relationships among buildings,
landscape features and open space, or introduce incompatible landscape features or plant material
that destr r impairs significant views or vistas within the North Ocean Boulevard Overlay District?
Yes No
Explai .
IV.B.4. How is the design consistent with the AM Landscape Enhancement Project?
IV.B.5. What.mitigation is proposed so that the disturbance/addition has the least impact possible to the visual
and aesthetic quality of the North Ocean Boulevard Overlay District:
�-Y'c
C. Projects Requiring a Demolition Permit
IV.C.1. When are the existing structures to be demolished? AT 'timL oOc-'r►"hU'I/V ccs
IV.C.2. When are the proposed structures to be constructed? / / I I / .f -St: /-00//
IV.C.3. What is the landmark status of the structures to be demolished? Ale u e.
D. Projects Requiring a Land Clearing Permit — J "/A-
IV.D.1. Describe those vegetative materials of 8 inches in diameter and greater to be North Ocean Boulevard
Overlay District:
IV.D.2. Describe the need and justification for the removal/relocation:
IV.D.3. How is the removal from the project site of vegetation to be mitigated:
IV.D.4. How are the remaining and relocated vegetative materials to be protected and preserved during the
land clearing and constriction activities and thereafter?
IV.D.5. What replacement materials are proposed?
Application for Development Approval, Form ADA.32000 Page 4
February 2002
E. Projects Requiring a Special Exception.
ME -1. Is the proposed use a permitted special exception use? ,Yes '❑ No Code S on:J � �s•
IV.E.2. How is the use designed, located and proposed to be operated so that the public health, safety,
welfare, and morals will be protected?
r n falfcl-vy lawiyc t-SfiP A - KSIX16 N1�Nj -�.
+•�
IV.E.3. Will the use cause substantial injury to the value of other property in the neighborhood wh e if is to S't •
be located? ❑ Yes KNo
Explain.
IV.EA How will the use be compatible with adjoining development and the character of the District where it
is to be located?
v
� � t�' ' i IJi1 ' • /
IV.E.5. What landscaping and screening are provided?
IV.E.G. Does the use conform with all applicable regulations governing the District wherein it is to be
located? Wyes ❑ No
Explain.
F. Non -Residential Projects and Residential Projects of Greater than 2 Units WA—
IV.F.I.
If common area facilities are to be provided, describe them and how they are to be maintained.
ORECEIVED•
AUG 2 6 20g-
7'0wn of GulfStream
IV.F.2. If recreation facilities are to be provided, describe them and their potential impacts on surrounding
properties.
IV.F.3. For each of the following, list the number provided and their dimensions.
Loading Spaces:
Standard Parking Spaces:
Small Car Parking Spaces:
Handicapped Parking Spaces:
Driveways/Aisles:
Application for Development Approval Form ADA.32000 Page 5
Town of Gulf Stream
*RECEIVED*
G. Projects Requiring a Variance (code Section 66-150 through 157) }— �J/. AUG 19'Ao
IV.G.1. From what specific Zoning Code regulation is a variance requested? Own of Gulf' Stream, rl
IV.G.2. What does the Zoning Code require for this specific site?
IV.G.3. What is proposed?
IV.G.4. What is the total variance requested?
IV.G.5. The following 8 mandatory variance findings from Section 66-154, must be addressed: (Attach
additional sheet if necessary.)
(1) What specific conditions and circumstances exist which are peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures, or buildings in the same zoning
district?
(2) Did the special conditions and circumstances result from the actions of the applicant? Yes No
(3) Will granting the variance confer upon the applicant any special privilege that is denied by the Zoning
Code to other lands, buildings, or structures in the same zoning district? Yes No
Explain:
(4) How would a literal interpretation of the provisions of the Zoning Ordinance deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the same terms of the
Ordinance and work unnecessary and undue hardship on the applicant?
(5) Is the Variance requested the minimum variance that makes possible the reasonable use of the land,
building or structure? Yes No
Explain:
(6) Will granting the variance permit any prohibited use to be established or re-established: Yes No
(7) Is the requested variance consistent with the goals, policies, and objectives of the future Land Use Map
of the adopted Comprehensive Plan? Yes No
(8) Will the variance be in harmony with the general intent and purpose of the Zoning Ordinance and not
be injurious to the area involved or otherwise detrimental to the public welfare? Yes No
Explain:
Application for Development Approval, Form ADA.32000 Page 6
February 2002
"u211 or Yulf Stream
------------------
H. Projects Requiring RezoningP Town of Gulf Stream, FL
IV.H.1, What is the Future Land Use desilk
gnation of the project site?
IV -H.2. If the project involves a rezoning,
Zoning Code text change, Future Land Use Map change,
Comprehensive Plan text change, or any combination thereof, please describe the need and
justification for the request.
PART V. OPTIONAL INFORMATION
This entire Part is optional for all applicants. Applicants are encouraged, but not required,
additional relevant information regarding the project that was not covered elsewhere on this
the other materials submitted with the application. 4 ed, to provide any
form or on any of
,1fU9
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Application for Development Approval Form ADA. 2000
revised 6/8/00
Page 7
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PROPERTY UNE 100.00'
AVENUE AU SOLEIL
PST
SECOND FLOOR PLAN
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KERMIT C.
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CIsToM • RZMeM L • C0MM1Rc1AL
ARD017761
4567 WADITA-KA WAY
WEST PAL`S BEACH, FL. 33407
TEL: 561-252-0015 FAX561-825-0170
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AUG 19 ?010
Town of Gulf Str'3ml FL
ZONING CODE ANALYSIS
ZONING DISTRICT'
PLACE
TOTAL IST FLOOR
ALI SO..
LOTSIZE
IW'X 150
4,056 SF
05,OW S.R)
FAR (033)
4,9.50 S.F.
FRONTSETBACK
30FEET
SIDE SETBACK
15 FEET
REAR SETBACK
30 FEET
SQUARE FOOTAGE
FIRST FLOOR A/C
GARAGE
FRONT PORTA
LOGGIA
2,564 SF
440
122
429
TOTAL IST FLOOR
3,855 SF
SECOND FLOOR A/C 1,19Z SF
BALCONY 45
TOTAL A/C
4,056 SF
TOTAL COVERED
5,092 SF
00
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SHFLT NO
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DATE AUGUST 16, 2010
APPROVN K.C.W.
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INTRACOASTAL WATERWAY
PROPERTY UNE 100.00•
ROOF PLAN -
SCALE: 1/8"=1'-0"
IN I RACOASTAL WATERWAY
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APPROVED SET
OCT 0 8 2010
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SCALE: 1/8"=1'-0"
KERMIT C.
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CUSTOM - RESMOnAL - COM.MM I
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4581 WAIIITA-RA WAY
WEST PALM BEACH, FL 33407
TBL: 561-252.MI5 FAR: 561-928-0170
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KERMIT C.
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4581 WADITA-KA WAY
WEST PALM BRACH, FL. 33407
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4581 WADITA KA WAY
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TEL 561.253-0015 FAX: 561428-0170
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DATE AUGUST 16, 2010
APPROVER K.C.W.
PO NO 0710038-1
REVISVI&
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8/16/10
SHFFT NO.
A-2.2
OF 4 SMS
This instrument prepared by: AUG 2 3 2010
JOSEPH P. MULLEN, ESQ.
COLONIAL TITLE OF PLANTATION, INC. TOwn of Cull, stroam, F!
2929 E. Commercial Blvd., PH -C
Ft. Lauderdale, FL 33308
File No. 10172
Tax Folio No. 20-43-46-04-22-000-0490
WARRANTY DEED
(STATUTORY FORM - SECTION 689.02, F.S.)
This Indenture made this 20th day of August, 2010 between Richard A. Malmstrom,
Jr., a married man, whose post office address is 7966 Bradford Lane, Denver, NC
28037 and Joan Carol Meyer, a single woman, whose post office address is 16
Symphony Avenue, Bayville, NJ 08721, Grantors, and Glenn Cotton, a single man,
whose post office address is 2894 NE 26th Place, Ft. Lauderdale, FL 33306,
Grantee.
WITNESSETH, that said Grantors, for and in consideration of the sum of Nine
Hundred Twenty -Five Thousand 00/100 ($925,000.00) Dollars, and other good and
valuable consideration to said Grantors in hand paid by said Grantee, the
receipt whereof is hereby acknowledged, have granted, bargained and sold to the
said Grantee, and Grantee's heirs and successors forever, the following
described land situate, lying and being in Palm Beach County, Florida, to -wit:
Lot 49, PLACE AU SOLEIL, according to the Plat thereof, recorded in
Plat Book 27, Page 69, of the Public Records of Palm Beach County,
Florida.
Grantor, Richard A. Malmstrom, Jr., certifies that the described property is
not now, nor has it ever been his homestead. His homestead address is 7966
Bradford Lane, Denver, NC 28037.
SUBJECT TO: (1) taxes for the year 2010 and thereafter; (2) zoning,
restrictions, prohibitions and other requirements imposed by governmental
authority; (3) and the Plat of Place Au Soleil, recorded in Plat Book 27, Page
69 of the Public Records of Palm Beach County, Florida.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND, said Grantors do hereby covenant with said Grantee that Grantors are fully
seized of said land in fee simple; and Grantors have the right and lawful
authority to sell and convey said land, and hereby warrant the title to said
land, and will defend the same against lawful claims of all persons whomsoever;
and the said land is free of all encumbrances, except taxes accruing subsequent
to December 31, 2009.
*"Grantor" and "Grantee" are used for singular or plural, as context requires.
IN WITNESS WHEREOF, Grantors have hereunto set Grantor's hands and seals the
day and year first above written.
Signed, sealed, and delivered in our presence:
WITNESSES:
Fi t Witness)
Printed name:
.'-A (I I �A QA— CaA:L
(S c d WitnessPrinted name:�'G—U-WCA WA
STATE OF NORTH CAROLINA
COUNTY OF '� I 4
Aug
h
D
Vi (nomor--
rn
z§m 33
XDF-<m
v_
'U L.
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nco
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tA
Grantor;
i 1r�f�!. z7y li/tpf/ �It'
RICHARD A. MALMSTROM, JR.
The foregoing instrument was acknowledged before me this day of
t, 2olo by Richard A. Malmstrom, Jr., who is personally known to me or who
roduced a North Carolina driver's license as identification.
)My commission expires:
0 1 I I' Not y Public
�/ Print name: `\ ---J , Rau ' � C} luL�' j
*"Grantor" and "Grantee" are used for singular or plural, as context requires.
IN WITNESS WHEREOF, Grantors have hereunto set Grantor's hands and seals the
day and year first above written.
Signed, sealed, and delivered in our presence:
WITNESSES:
t -
(First Witney
Printed namecal?
(•_I h �= �..�,�..���..�.--aft i .�:..
(Second Witness)
Printed name: (--V,4i'S{lt
STATE OF NEW JERSEY
COUNTY OF
Grantor:
�'" OP.N CAROL MEYER
The foregoing instrument was acknowledged before me this L _ day of
August, 2010 by Joan Carol Meyer, who is personally known to me or who has
produced a New Jersey driver's license as identification.
(Seal)My commission expires:
Notary Public
Vf�__
Print name:KI 0ftp C C
M691 -CA R. PENAHERRERA
(VOTARY PUBLIC
STATE OF NEW JERSEY
MY COMMISSION EXPIRES MAR. 10, 2014
LDA' 23£3323
PREPARED BYAND RETURN TO:
PLACE AU SOLEIL ASSOCIATION, INC.
P.O. Box 113
Boynton Beach, FL 33425
WHEREAS, � T'ArT2' r; r' a i cw+a-e.,t!, k"4-. m A-w-osis (are) the record
title holder(s) of the following described property situate in Palm Beach County, Florida, to wit:
LOT -2, PLACE AU SOLEIL, according to the Plat thereof recorded in Plat Book 27,
Page 69, of the Public Records of Palm Beach County, Florida.
SUBJECT, however, to covenants and conditions as contained in the Declaration originally recorded
in Official Records Book 729, at Page 117, subsequently amended and restated in Official Records Book 3714,
Page 226 and Official Records Book 14572, Page 181, all of the Public Records of Palm Beach County,
Florida, wherein an option to purchase or right of first refusal was reserved; and
WHEREAS, PLACE AU SOLEIL, INC., and PLACE AU SOLEIL DEVELOPMENT CORPORATION,
both Florida corporations, did, on April 15, 1973, assign all privileges, rights, powers, duties and authority
reserved to them by said Declaration to ROBERT C. REED, by that instrument recorded in Official Records
Book 2161, at Page 1099, of the Public Records of Palm Beach County, Florida; and
WHEREAS, ROBERT C. REED did, on February 15, 1977, assign all privileges, rights, powers, duties
and authority reserved to him by reason of said Declaration and the aforesaid assignment, to PLACE AU
SOLEIL HOMEOWNERS' ASSOCIATION, INC., a Florida corporation, by that certain instrument recorded
May 10, 1977, in Official Records Book 2676, at Page 1807, of the Public Records of Palm Beach County,
Florida; and
WHEREAS, PLACE AU SOLEIL HOMEOWNERS' ASSOCIATION, INC, did, on March 20, 1980,
assign all privileges, rights, powers, duties and authority reserved to it by reason of said Declaration and
aforesaid assignment, to PLACE AU SOLEIL ASSOCIATION, INC., a Florida corporation not for profit, by that
certain instrument recorded March 31, 1980, in Official Records Book 3259, at Page 1512, of the Public
Records of Palm Beach County, Florida; and
WHEREAS, the aforesaid present owner(s) of the aforedescribed property desire to sell and convey
said premises to
hereinafter referred to as the "proposed Grantee."
NOW, THEREFORE, the undersigned, acting for and on behalf of PLACE AU SOLEIL
ASSOCIATION, INC., for the sum of TEN and 00/100 DOLLARS ($10.00) and for other good and valuable
consideration, do hereby expressly waive any and all interest it may possess with regard to the aforesaid
premises including any option to purchase and/or right of first refusal and do hereby consent to the foregoing
proposed conveyance to the aforedescribed `proposed Grantee', PROVIDED, HOWEVER, that this consent
shall apply only as to the conveyance hereinabove referred to, and the reservation set forth in the aforesaid
Declaration, all other provisions of same to remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have set their hands and seals the day and year as sworn
to below.
PLACE AU SOLEIL ASSOCIATION, INC.
A
STATE OF FLORIDA
COUNTY OF PALM BEACH
Iilv�
resident
tte
Secretary
(Corporate Seal)
BEFORE ME, personally appeared �Cf I i G "'� i (� r 1 I /i 0 �- As President of PLACE
AU SOLEIL ASSOCIATION, INC., to me well known to be the person described in and who executed the foregoing
Consent To Conveyance and who acknowledged before me that the execution thereof was made freely as such officer as
the authorized act of the corporation.
SWORN TO and subscribed before me this day of �(.1 .1 , 20-
�,•"" RITA L. TAYLOR
* * MY COMMISSION k DD 949851
EXPIRES: Febru14
OF FVO�\O~ Bonded Thru Budget es
STATE OF FLORIDA
COUNTY OF PALM BEACH
rZ�7-1 <--(Print Name)
Notary Public
Commission No.:
My commission expires:
BEFORE ME, personally appeared 5 A,,j D '1--� E6 I r"-- %►-�' il f , As Secretary of PLACE
AU SOLEIL ASSOCIATION, INC., to me well known to be the person described in and who executed the foregoing
Consent To Conveyance and who acknowledged before me that the execution thereof was made freely as such officer as
the authorized act of the corporation.
SWORN TO and subscribed before me this day of /'(Vy 20��
F -(Print Name)
Notary Public
,BppGEB8666660 h:'IGEL eCNAI�lG p0.",et••e�s• Commission No.:
CpLg?DO659308 My commission expires:
Expires 41412011
�.a• F�t�r!slaldhix�NA36I1.
I fJ rr.,• •c.0 c'46 YF4466F6 Gc'RGkhF6seffi
561-737-0188 Town of GuAtream
►•- 75 74M
W I M F. KOCK JftR Mayor
JOAN K, ORTMVEK Vice Mayaf
FRED IL DEVITT E
Aoalwr N-HapkibmA
WU",k LYNCH
02=05;28 p.m. 08-20-2010 111
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
STATE OF PLORIDA, )
COUNTY OF PALM BEACH )
TOWN OF GULF SIM" )
AGENTAFFIDAVIT
* j`'rCLtIyED •
AUG 23 2010
Town Of Gulf Stream,
FE
Taiaphane
�} eTsslls
Fax
(sa1) 7s"/-wa8
Town MwWer
fQ19 . MAN GAFUlSON
Town [Jerk
FiirA L TAYLOR
13BFORB M& THIS DA'Y PERSONALI,YAPPEAM (Ownez)
C-& tLQ2j , WHO BENG DULY SWORN, DEPOS S AND SAYS:
THAT THE PERSON (S) OR COMPANY OR FIRM LISTED BELOW
RAVE THE CONSENT OF THE OWNER OF THE PROPERTY LISTED
BELOW TO REPRESENT THE OWNER OF SAID PROPERTY AS
AGENT FOR SITE PLAN REVMW WMJIN THE TOWN OF GULF STREAM.
S'fJBJECT PROPE�RTY Z5 LEGALLY L B� � FOU S
UC) - v (-Mn
ACTENT SI(S) NAME: _r 0
COMPANY OR FIM NAMF:
AGENT'S ADDRESS: / YS
AGENT'S PHONE:
AL2 fi F//7(� (s�
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7`�C--5c- 1) C 7
t/ LILI
FURTEM AFFIANT SAYETH NOT.
(OWNER. SIGNATURE
SWORN TO AND SUBSCRIBED BUOREME TEES DAY OF u. 20 ip
MY cOh0Ms1ON EXPIRES:
ms/yvoimetappfomWafidiviiowner/8/2/00
xpires: A . 08, 2012
BONDED TIIRU ATLANTIC BONDING CO., INC.
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED B. DEVITT III
CHRIS D. WHEELER
MURIEL J. ANDERSON
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
TOWN OF GULF STREAM )
AFFIDAVIT
AUG 19 2010
Town of Gulf Stream, FL
Telephone
(561) 276-5116
Fax
(561) 737-0188
Town Manager
WILLIAM H.THRASHER
Town Clerk
RITA L. TAYLOR
BEFORE ME THIS DAY PERSONALLY APPEARED 1(-V i
, WHO BEING DULY SWORN, DEPOSES AND SAYS
THAT THE ACCOMPANYING LIST OF PROPERTY OWNERS, MAILING
ADDRESSES AND LEGAL DESCRIPTIONS OF ALL PROPERTY (circle one):
(1) within 25 feet, *(for N. Ocean Overlay, Demolition, Land Clearing, Signs and Site
Plan Review
(2) within 300 feet, *(for Variances or Appeals)
(3) adjacent to *(for Special Exceptions)
THE BELOW DESCRIBED PARCEL OF LAND IS, TO THE BEST OF HIS
KNOWLEDGE, COMPLETE AND ACCURATE AS RECORDED IN THE LATEST
OFFICIAL TAX ROLLS IN THE PALM BEACH COUNTY COURTHOUSE.
*street and waterways are excluded from this distance
THE SUBJECT PROPERT IS LEGALLY DESCRIBED AS FOLLOWS:
C
FURTHER AFFIANT SAYETH NOT:
SWORN AND SUBSCRIBED BEFORE ME THIS
IALOERTO VALDIVIHe �
y Pubk - aide of
My Comm. EPION De
Commission I DO
MY COMMISSION EXPIRES: /y'aP/3
Deputy/forms/const/10/15/08
Y OF A�4ci L1SS4 .20 ( b
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Page 1 of 1
Rita Taylor
From: EFMCDONALD@aol.com
Sent: Thursday, October 07, 2010 11:44 AM
To: Rita Taylor
Subject: 2534 Avenue Au Soleil--heigth of its south side ficus
Attention: Gulf Stream Commission
In the most recent Architectural Review Committee meeting, at my request a deed
restriction was placed on 2534 Avenue Au Soleil to require the new owner to maintain
the ficus hedge separating it from my adjacent 2538 Av. Au S. property --to 8 feet
height.
Since that date I measured that hedge and also the hedge on our south side. What I
learned encouraged me to call Mr Robert Paglia, the 2534 General Contractor, to
seek revision two days ago. He agreed to my request to change the 'maintain height'
from 8 feet to 12 feet. His agreement was based on the following reasoning which
explained to him on the phone:
--when I made my original request, I did not measure but just assumed it was 8 feet.
--two days ago I went and measured the hedge height in question (adjacent to our
properties) and learned the range of heights are 10'; 910"; 10'.
--then I measured the height of our ficus on the other side of our house ( our
southeast ficus hedge) and found it is 12';12';10'7".
--in my call to Mr. Paglia I asked if he would agree to maintaining the hedge between
us at the same height as our southeast hedge, namely to keep it at 12'. He agreed to
this revision.
In summary, I am asking you to revise the deed restriction from 8 feet to 12 feet.
Thank you.
Edwin and Lesley McDonald
2538 Avenue Au Soleil
Gulf Stream
10/7/2010
Linda Harvel
From: EFMCDONALD@aol.com
Sent: Wednesday, September 22, 2010 2:53 PM
To: Linda Harvel
Subject: To be read at meeting tomorrow at 8:30 AM
Attn: Architectural Review Committee
--in re 2534 Avenue Au Soleil
I would be grateful for a condition of these plans being approved that my wife and I have
reviewed. The condition would be that the southern hedge that appears to be on the 2534
property be maintained at the current height of approximately 8 feet high. The new second
floor to be built will be very visible to our northern windows of our home that is adjacent at
2538 to the 2534 property. Without this buffer the new second floor windows will appear to
be reaching into our bedrooms.
Thank you very kindly for your consideration of this request.
Sincerely,
Edwin F (Ned) and Lesley K McDonald
2538 Avenue Au Soleil
Gulf Stream FL 33483
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Town of Gulf Stream
Certificate of Occupancy
Check List
The following will be required or inspected prior to release of a Certificate of Occupancy:
we J
Deputy/constitems/Cocklst
Revised 1/24/12
C/O Issued
Date Received
Delra Beach Inspections — Final Inspection passed by Cily of Delra Beach
Drainage — A copy of the as -built drainage plan and Engineer's letter is required for
Town records; storm drains are inspected for construction debris. A drainage
inspection will be conducted.
CD
Architectural — Inspection for compliance with previous architectural approvals
(color, style, height, etc.).
Compliance with conditions of approval — some approvals required covenants be
led, landsca e buffering be provided, architectural changes be made, etc.
I Q r «a eg, 4f -kJ W a V r_r_rmP cnaii
andscaping — Compliane with appro ed plans; all chain link fences must be
completely screened with plant materials; buffering installed if required; no
significant materials in right-of-way; safe sight corners; etc.
Confirmation that all .permitting requirements have been met — for example: DOT
driveway permits on AIA, field permit from DEP for landscaping or fencing
seaward of CCCL.
(' r
Confirmation that waters stem ca ital connection charges have been aid.k1l
AL
Inspection for damage to roads and Town storm drain system.
s -i
Elevation — Copy of elevation certificate.
�p
Setbacks — Copy of tie-in/form board survey, unless setbacks are shown on as-builts
Height — Certification by the project architect, engineer or surveyor that the eave
height and roof height are constructed as shown on approved architectural plans.
Confirm that all permit requirements for Gulf Stream lift station have been met
Driveway Permit and Removal Agreement
Backflow Compliance and Data Base
O
we J
Deputy/constitems/Cocklst
Revised 1/24/12
C/O Issued
1; t
tp�n
lei
.Pe"
6feh
0/11-U/411.— /i/ 1:Vz'& y
Property A ress•
Owner: O
Town of Gulf Stream
Certificate of Occupancy
Check List
The following will be required or inspected prior to release of a Certificate of Occupancy:
Date Received
Delr4y Beach Ins ections – Final Ins ection Msed by Ci1y of Dqlray Beach
Drainage – A copy of the as -built drainage plan and Engineer's letter is required for
Town records; storm drains are inspected for construction debris. A drainage
inspection will be conducted.
Architectural – Inspection for compliance with previous architectural approvals
color, style, height etc.).
Compliance with conditions of approval – some approvals required covenants be
led, landsca buffering berovided, architectural changes be made, etc.
andscaping – Compliange with appro ed plans; all chain link fences must be
completely screened with plant materials; buffering installed if required; no
significant materials in right-of-way; safe sight comers; etc.
Confirmation that all permitting requirements have been met – for example: DOT „ )
�
driveway permits on AIA, field permit from DEP for landscaping or fencing/vJ
seaward of CCCL.
Confirmation that waters stem cgpital connection charges have been aid. —All ff
Ins ection for danigge to roads and Town storm drai s stem. -L
Elevation – Copy of elevation certificate.
Setbacks – Copy of tie-in/form board survey, unless setbacks are shown on as-builts
Height – Certification by the project architect, engineer or surveyor that the eave
height and roof height are constructed as shown on approved architectural plans.
Confirm that all ggrinit reuirements for Gulf Stream lift station have been met
DrivenPermit and Removal A Bement
Backflow Compliance and Data Base
aF knkIZrt g —� c� r,�J 'VO (I.4 �� VIAlj r.) W feArJ: mi,
wed�t
i
Deputy/constitems/Cocklst C/O Issued
Revised 1/24/12
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NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL
NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board
of the Town of Gulf Stream will hold a Public Hearing on THURSDAY, SEPTEMBER
23, 2010 AT 8:30 A.M. and the Town Commission will hold a Public Hearing on
FRIDAY, OCTOBER 8, 2010 AT 9:00 A.M. both in the Commission Chambers of the
Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will
be considered:
An application submitted by Robert Paglia as agent for Glenn Cotton,
owner of the property located at 2534 Avenue Au Soleil, Gulf Stream,
Florida, which is legally described as Lot 49, Place Au Soleil
Subdivision, for the following:
1. SPECIAL EXCEPTION to allow an addition of 277 sq. ft. to the
northeast corner of the existing first floor that will extend a non-
conforming wall that encroaches one foot into the required 15 foot
north side setback and combined setbacks.
2. SPECIAL EXCEPTION to permit a second -story addition of 1,192 sq. ft.
that will extend over a non -conforming wall that encroaches one foot
into the required 15 ft. south side setback and combined setbacks.
3. SPECIAL EXCEPTION to permit the addition of covered, unenclosed area
that exceeds the maximum FAR allowed by 142 sq. ft.
4. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit a first floor
addition of 277 square ft., a second -story addition of 1,192 square
ft., 526 sq. ft. of covered, unenclosed area to an existing Anglo
Caribbean style single family dwelling, new pool and driveway.
The Architectural Review and Planning Board shall make a recommendation to
the Town Commission, and the Town Commission shall make a final decision
regarding the subject application at the meetings noticed above. These
meetings may be adjourned from time to time and place to place as may be
necessary to hear all parties and evidence.
The complete application materials are on file in the Office of the Town
Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be
reviewed during regular business hours, which generally include non -holiday
weekdays from 9:00 A.M. to 4:00 P.M.
ALL PARTIES INTERESTED IN THESE MATTERS may appear before the
Architectural Review and Planning Board and the Town Commission of the Town
of Gulf Stream at the times and place aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT
TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS SAID PARTY WILL NEED A
RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105,
F.S.S.
Dated: September 8, 2010
TOWN OF GULF STREAM, FLORIDA
Rita L. Ta Yfor Town Clerk
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AUG 19 2010
Town of Gulf Stream, FL
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TOWN OF GULF STREAM SITE DATA TABLE
Gross Lot Area
� pd0
Effective Lot Area
4D 0
FAR Calculations
EXISTING
DEMO
NEW
NET
1St Floor Living
77-7/
Ceilings over 15' (double)
2" Floor Living
1St Floor Covered
(porches, overhangs > 2 %')
2nd Floor Covered
Awnings > 3' and screen
enclosure (at 50%)
Garage
m17
440 44
Gross Floor Area
I a4
7
9516
Out Buildings
Total Floor Area Proposed
5O l2.
First 20,000 X .33
�fp
14
6042 4eda 1�(c�)
Over 20,000 X.20
---
Total Allowable FAR
Per Manual
41 Q
Total Hardscape Area
C) 60 O
t
Required Landscape Area
(lot size x 40%)
Cc O
Actual %Landscape Open
Space Area
Deputy/Constitems/Sitedata/11 /01