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HomeMy Public PortalAboutAPP 011~16 (Large Plan In File)TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITi III CHRIS D. WHEELER MURIEL J. ANDERSON July 15, 2011 W. L. Lyons Brown, Jr. 1 Driftwood Landing Gulf Stream, Florida 33483 Dear Mr. Brown: Telephone (561) 276 -5116 Fax (561) 737 -0168 Town Manager WILLIAM H. THRASHER Town Clerk RITA LTAYLOR This is to confirm that at the Public Hearing held by the Town Commission on July 8, 2011, your application for an Administrative Appeal to the Town Commission that the replacement of existing non- conforming windows on structures with sizes and styles of windows that are prohibited would require an application for and approval of a variance,with regard to proposed improvements to the above property, was considered. Action on the application was deferred and the Commission directed that the applicant submit the application to the ARPB as either a Special Exception or a Variance, their choice, and in the event a Special Exception was not approved for consideration there would be the alternative of a variance. Very truly yours, Ta pz� 6 - V/,- r Rita L. Taylo Town Clerk CC: Jackie Albarran Mark Marsh Thomas Murphy Esq. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 TOWN OF GULF STREAM ARCHITECTURAL REVIEW AND PLANNING REPORT Application #: 011 -16 Owner: W.L. Lyons Brown, Jr. Address: 1 & 3 Driftwood Landing Agent: Jacqueline Albarran Proposed Improvement: Renovations and additions to an existing Minimal Traditional style single family dwelling. Approvals Requested: Demolition: To demolish 215.9 SF of the existing Minimal Traditional style single family dwelling Special Exception (1): To permit replacement of existing non - conforming windows with sizes and styles of windows that are prohibited. Special Exception (2): To extend the existing non - conforming west walls of the existing Minimal Traditional style dwelling that encroach a maximum of 18.9 feet into the required 30 ft rear setback. Level III Architectural /Site Plan: To permit replacement of existing non - conforming windows with windows of a size and style that is prohibited, and to permit additions consisting of 862.28 SF to the existing Minimal Traditional style single family dwelling. Gross Lot Area: 63,517 Permitted Floor Area: 12,760 Zoning District: RS -N /S Considered During Review: Section 70 -4. How to use this manual Effective Lot Area: 50,799 Proposed Total Floor Area: 7,811 Adjacent Residences Style: Mixed (c) Design standards. The design standards in this chapter provide the tozvn zvith a methodology and common framezvork for reviezving submissions for project approvals. The design standards contained herein are either mandatory or discretionary. The terms "required" and "prohibited" are mandatory. The terms "preferred" and "discouraged" are discretionary. These terms are defined belozv.....(4) Prohibited. (a) Prohibited items are design elements that do not maintain the desired character or quality of the zoning district zvithin zvhich they are located and are not permitted under current codes of regulations. (c) Use of prohibited elements mandates project denial. NOTE: The application incorporates prohibited elements as defined in section 70 -101 and therefore mandates denial of any window and doors that do not conform to section 70 -101 (d) (5) & (7). Section 70 -51 Minor accessory structures. Brown Driftwood Landing 1 & 3 ARPB File #011 -16 ARPB July 28, 2011; TC August 16, 2011 Page 2 Section 70 -74 Setbacks The property and structures have non - conforming rear and side setbacks. There are no plans for additions to the two -story garage structure which has the non - conforming side setback; additions are proposed to the residence which has a non - conforming rear setback. Section 70 -75 Special exception setbacks. NOTE: This application does not meet all standards which would allow for this special exception, specially: (2) c. The exterior design of the addition shall represent a logical extension of the existing structure and shall be consistent zvith all applicable design standards in this chapter. (2) d.2 Site and structural design elements of the addition including, but not limited to: The location, number and size of windows, doors, porches, balconies and outdoor lights. Section 70 -101. Windows. (d) Prohibited. (5) Undivided zvindows over three feet in zvidth or larger than 16 SF visible from street. (7) More than 50 percent of total zvindow opening area on a street or waterway elevation composed of undivided panes larger than eight SF. NOTE: Urban Design Kilday Studios was consulted on this proposed project. Their report is attached to this report. I recommend that it be considered in the determination of the site plan review process. Section 70 -107 Additions and rehabilitations, and replacement of existing features (a) ... Wherever possible, existing discouraged or prohibited design elements should be removed or replaced and preferred elements incorporated. NOTE: The west elevation indicates total re- design with new openings and closing of some existing openings provided by the special exception moving those windows further west of their present location. Also noted the installation of a new walk way and steps, all of which verify that it is possible to replace the prohibited size and style of windows with preferred. DIVISION 2. SPECIAL EXCEPTION ARCHITECTURAL STANDARDS Section 70 -126. Additions and rehabilitations incorporating a prohibited design element that is an integral part of the design of the existing structure. Designs for additions and rehabilitations may incorporate prohibited design elements that are an integral part of the existing structure (such as a flat roof) subject to standards. NOTE: The following Standards are not met: (2) a. The addition or rehabilitation shall comply zvith the standards listed in section 70 -107 (2) b. The prohibited design element shall be an integral part of the design or structure of the existing building. NOTE, Standard (2) a (Not Met): This application has extensive elevation changes being proposed which include changing locations, sizes and types of openings and therefore substantiate that it is possible to remove the prohibited window sizes and style. In addition, the Brown Driftwood Landing 1 & 3 ARPB File #011 -16 ARPB July 28, 2011; TC August 16, 2011 Page 3 proposed additions and consequent new footprint of the existing structure allow for conformity to the code to be achieved. NOTE, Standard (2) b (Not Met): This application is replacing all windows and doors and the existing window and door opening size and style can no longer be considered an integral part of the design of the existing structure. The existing doors and windows size and style become entirely absent from the structure for consideration of this standard requirement. Staff Recommendations: Demolition Permit Motion to Recommend Denial of demolition permit in that the proposed additions and design element (windows) do not meet the minimum intent of the Design Manual and applicable review standards as already described and listed. Special Exception (1) Motion to Recommend Denial of replacement of existing non - conforming windows with sizes and styles of windows that are prohibited as detailed in Section 70 -101 (d) (5) & (7). Additionally, Section 70 -4 (c) mandates project denial where prohibited elements are utilized. Special Exception (2) Motion to Recommend Denial to extend the existing non - conforming west walls of the existing structure as standards (2) c and (2) d.2 of Section 70 -75 are not met. All standards must be met in order to allow a special exception. Level III Architectural /Site Plan Motion to Recommend Denial of Level III Architectural/ Site Plan based on the finding that the proposed replacement of existing non - conforming windows with windows of a size and style that is prohibited, and to permit additions consisting of 862.28 SF to the existing Minimal Traditional style single family dwelling do not meet the minimum intent of the Design Manual and applicable review standards. ARPB Date: July 28, 2011 Action: Demolition Permit: Recommend approval as requested. (5 -0) Special Exception (1): Recommend approval as requested. (5 -0) Special Exception (2): Recommend approval as requested. (5 -0) Level III Architectural/ Site Plan: Recommend approval as requested. (5 -0) Affirmation: ARPB applauds & reinforces Staff findings and a recommendation of approval was a judgment call by the ARPB. (5 -0) Town Commission Date: August 16, 2011 Action: Demolition Permit: Approved as requested & recommended. (4 -1) Special Exception (1): Approved as requested & recommended. (4 -1) Special Exception (2): Approved as requested & recommended. (4 -1) Level III Architectural/ Site Plan: Approved as requested & recommended. (4 -1) Town of Gulf Stream TOWN OF GULF STREAM JUL 14 2011 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. ARPB File # 01/ To be completed by all applicants. PART II. GENERAL INFORMATION A. Project Information I.A.1. Project/Owner Name: W. L. L I.A.2. Project Address: 1&3 Driftwood Lan I.A.3. Project Property Legal Description: Lot 1 1 Driftwood Landing-, ng-, acordina to the plat thereof, as recorded in Plat Book 30 of the Public Records of Palm Beach Count pages 231 and 232 I.A.4. Project Description (describe in detail, including # of stories, etc)' Florida . Renovations /Additions to existing single story residence and detached garage and GWest House building. I.A.5. Square Footage of New Structure or Addition: g . E Architectural Style: - Minimal Traditional 1.A.6. Check all that apply: XkArchitectural /Site Plan Review ❑ Land Clearing ❑ North Ocean Boulevard Overlay (complete section B) k Demolition of Structures ❑ Non - residential uses ❑ Variance (complete section G)XX Special Exception (complete section E)1-2.) 1.A.7. (a) Proposed F.F.E.: 7.01 Type of Foundation: m wall B. Owner Information I.B.1. Owner Address:_ 1 & _ nri ft wnnri -Laadiag, Gulf stream, Fr I.B.2. Owner Phone Number: 1.B.3. Owner Signature: Fax: k/ C. Agent Information I.C.1. Agent Name and Firm Name: Jacqueline Albarran I.C.2. Agent Address: _324 Royal Palm Way, Suite 227, Palm Beach, 33480 Phone; (561) 655 -7676 Town of Gulf Stream PART III. PROJECT DESCRIPTION AND JUSTIFICATION To be completed by all applicants after pre - application conference with Town Staff. Please be concise brief. Attach additional sheets only when necessary and be sure to include the appropriate and com p e t question number for each response. e A. Project Description and Justification III.A.1. In what zoning district is the project site located? North /South III.A.2. Is the project compatible with the intent of the zoning district? kq Yes ❑ No The existing residence is a "minimal traditional" style built in the 1940s, Explain. Even though the existin residence elements that dst r fr Predominant styles this zoning district accommodates the unique que character of the III.A.3. Is the project consistent with the Future Land Use Map and goals, objectives and policies of the Comprehensive Plan? 9 Yes ❑ No Explain. The size, scale and use of the existing residence meets /exceeds and is compatible with the future land use /comprehensive elan III.A.4. How are ingress and egress to the properly to be provided? Existing driveway from a private road. III.A.5. How are the following utilities to be provided to the property? a. Stormwater Drainage on site b. Sanitary Sewer se tic c. Potable Water city d. Irrigation Water city e. Electricity FP &L f. Telephone Bell South g. Gas n/a h. Cable Television Cxncast 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.) n/a PART IV. ADDITIONAL INFORMATION Section A is to be completed by all applicants after Answering pre - application conference with Town staff "Yes" to any question in Section A requires the completion of additional Sections as indicated. A. Additional Approvals /Requirements W.A.1. Does the project involve land area within fifty feet (501 of the A1A (North Ocean Boulevard) right -of- way? ❑ Yes )R No (If "Yes ", section B of this part must be completed.) IV.A.2. Does the project involve the dernolilion of one or more structures? ❑ Yes )M No (If "Yes", section C of (his part must be completed.) IV.A.3. Does the project involve (lie clearing or filling of any portion of an existing vacant lot or more than fifty percent (50 %) of (Ile landscaped area of a developed lot? ❑ Yes XO No (if "Yes ", section D of this part must be completed.) IV.A.5. Does the project require approval of a Special Exception? Yes ❑ No (If "Yes ", section E of this part must be completed.) IV.A.6. Is the project at variance with any regulations contained in the Zoning Code? ❑ Yes )6p 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 Requiring North Ocean Boulevard Overlay Permit IV.B.1. What significant landscape features or architectural features are to be disturbed or added and to what extent? N/A IV.B.2. Describe the need and justification for the disturbance /addition: IV.B.3. Will the disturbance /addition destroy or seriously impair visual relationships among buildings, landscape features and open space, or introduce incompatible landscape features or plant material that destroys or impairs significant views or vistas within the North Ocean Boulevard Overlay District? Yes No Explain: N/A IV.B.4. How is the design consistent with the A1A Landscape Enhancement Project? N/A IV.6.5. 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: C. Projects Requiring a Demolition Permit 1V.C.1. When are the existing structures to be demolished? Sept /2011 IV.C.2. When are the proposed structures to be constructed? Oct /2011 IV.C.3. What is the landmark status of the structures to be demolished? None D. Projects Requiring a Land Clearing Permit 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: N/A IV.D.3. How is the removal from the project site of vegetation to be mitigated: N/A 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? N/A IV.D.5. What replacement materials are proposed? N/A Application for Development Approval, Form ADA.32000 Page 4 February 2002 E. Projects Requiring a Special Exception. N.E.1. Is the proposed use a permitted special exception use? A Yes ❑ No Code Section: 70 -12ti 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? The modest upgrade to existing residence by upgrading the fenestration will preserve and improve the appearance without any negative impact. IV-E-3- Will the use cause substantial injury to the value of other property in the neighborhood where it is to be located? ❑ Yes El No Explain. With the proposed upgrades the property value will be preserved. N.EA. How will the use be compatible with adjoining development and the character of the District where it is to be located? The proposed modifications will assure more compatability with the character of the District. iV.E.5. What landscaping and screening are provided? Existing to remain N.E.6. Does the use conform with all applicable regulations governing the District wherein it is to be located? Was . 0 No Explain. The existing single story residence and detached two story guest house /garage are conforming with the exception of four (4) picture windows on the west side of the single story residence, therefore the requestfor approval is being made under Sect 70 -126 ( o ��1 this non - conformity. F. Non - Residential Projects and Residential Projects of Grew than zZ7r s IV.F.1. If common area facilities are to be provided, describe them and how they are to be maintained. N.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 Spares: Driveways/Aisles: - -- Application for Development Approval Form ADA.32000 Page 5 E. Projects Requiring a Special Exception. IV.E.1. Is the proposed use a permitted special exception use? ,ayes O No Code Section: 70-75(r) 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 proteded? The proposed non - conforming expansions to the Main House is located on the west side of the existing building adjacent to the Intracoastal waterway the expansions are to accommodate existing interior use spaces. This Proposal as no impact to e public or neighbors. IV.E.3. Will the use cause substantial injury to the value of other property in the neighborhood where it is to be located? O Yes MNo Explain. The proposed expansion is to upgrade adjacent interior spaces, therefore enhancing the value along with upgrading the hurricane impact criteria. IV.E.4. How win the use be compatible with adjoining development and the character of the District where it is to be located? The proposed improvements are an upgrade in terms of replaced materials and impact rated fenestration which represent more compatibility within th the district. IV.E.5. What landscaping and screening are provided? Existing to remain IV.E.6. Does the use conform with all applicable regulations governing the District wherein it is to be located? )G Yes . O No The proposed expansions are additions to the existing non- conforming setbacks and reasonable with regard to the criteria used under 70 -75 (C) 1 & 2. F. Non - Residential Projects and Residential Projects of Greater than 2 Units IV.F.1. If common area facilities are to be provided, describe them and how they are to be maintained. N/A W.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, fist the number provided and their dimensions Loading Spaces: Standard Parking Spaces: Small Car Parking Spaces: Handicapped Parking Spaces: Drtveways/Aisles: Application for Development Approval Form ADA.32000 Page 5 I & 3 Driftwood Landing, Gulf Stream, Florida East facade, showing dominant front gable and decorative attic vent. Front entry on east facade. Door leads to outside walkway to house. Note shallow overhang and decorative shutters. West facade, facing Intracoastal, showing original fenestration. The intent of the original architecture was to maximize the water view. The garage - penthouse showing original windows and fenestration. -� r ����m W1,1x �� e A * lMahmok a C� "Oi:,lf 44 r) ' jY r .. ti �. �s k' .. _. �.-- r -°-._. :r .�4a , a ►,_ --:�� '; d :fly }� ,...r _ ;: � a .W � - � . . .�;�,.:. ,� -- !�- i����4 ;r ` �� '�� � , �, .. \' M � r '' ^i Ilk ^� \,�.�� i �' rye •/ iw. ,A16 Ir ENWAIW.- r � � t r t, y` t ' �f , � • 1 � s �.' : • •. Je Ir 1 e oil ., -IN 77 MAS ��b�� /�� it 1 � 4, F1 IN /_- � ,��~_'.__-- `� ~ . � / / Y � / Y118561 4 Shriners Hospitals for Children® 2900 Rocky Point Dr. Tampa, FL 33607 -1460 donorrelations@shrinenet.org www.shrinershospitals.org 4) Shriners Hospitals for Children® 2900 Rocky Point Dr. Tampa, FL 33607 -1460 donorrelations@shrinenet.org www.shrinershospitals.org Gary R. Nikolits, CFA Location: Downtown Service Center Palm Beach County 0 is 30 50 90 120 (j Key Property Appraiser Feet Map Scale Selected Parcels 0 100 VJM 300 ® 500 Notes: = Others =200 M400 Produced on: 7/12/2011 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED 8. DEVITT ill CHRIS D. WHEELER MURIEL J. ANDERSON *Q -IQ STATE OF FLORIDA ) COUNTY OF PALM BEACH ) TOWN OF GULF STREAM ) AGENT AFFIDAVIT JUL 14 2€111 Totun of Gulf Sfre &Wle,�ne (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H.THRASHER Town Clerk RMA L.TAYLOR BEFORE ME THIS DAY PERSONALLY APPEARED (Owner) WHO BEING DULY SWORN, DEPOSES AND SAY THAT THE PERSON (S) OR COMPANY OR FIRM LISTED BELOW HAVE THE CONSENT OF THE OWNER OF THE PROPERTY LISTED BELOW TO REPRESENT THE OWNER OF SAID PROPERTY AS AGENT FOR SITE PLAN REVIEW WITHIN THE TOWN OF GULF STREAM. THE SUBJECT PROPERTY IS LEGALLY DESCRIBED AS FOLLOWS: See attached AGENT'S /(S) NAME: Jacqueline Albarran COMPANY OR FIRM NAME: SKA Architects AGENT'S ADDRESS: -124 Rn.= ya 1 palm waV, �q,,;tA 29 7, Palm Beach, FL 3 3480 AGENT'S PHONE: 561- 655 -7676 FURTHER AFFIANT SAYETH NOT. (OWNER SIGNATURE) SWORN TO AND SUBSCRIBED BEFORE ME THIS (NOTARY PUBLIC) MY COMMISSION EXPIRES: TAMMY LFARLEY r; + MY COMMISSION k EE 017689 ms/ yvonne /appforms /affidavitowner /8/2/00 a EXPIRES: August 16, 2014 c Bonded Thru Notary Public Underwriters TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA 0TtEC�'V;Z ` JUG. 14 2011 COMMISSIONERS "p,:m of C'�;f S:F��ss zis�s;,s Fax WILLIAM F. KOCH. JR., Mayor JOAN K ORTHWEIN, Vice Mayor z ;, (561) 797 -0188 FRED B. DEVITT III Town Manager ROBERT W. HOPKINS 11 > ;, j.w KRISTIN KERN GARRISON WILLIAM A. LYNCH Town Clerk RITA L. TAYLOR AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH TOWN OF GULF STREAM BEFORE ME THIS DAY PERSONALLY APPEARED Jacqueline Alba=an , WHO BEING DULY SWORN, DEPOSES AND SAYS THAT THE ACCOMPANYING LIST OF PROPERTY OWNERS, MAILING ADDRE53ES 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. *streets and waterways are excluded from this distance THE SUBJECT PROPERTY IS LEGALLY DESCRIBED AS FOLLOWS: See attached FURTHER AFFIANT SAYETH NOT. SWORN TO AN DESCRIBED BEFORE ME THIS SIGNA ) DAY OF J-C. , 20_I (Iv OTAkt'Y PUBLIC) MY COMMISSION EXPIRES; C ( 0) :yry TAMMY L :ARLEY ms/yvonne /appforms /aff,davit/6 /13/00 ;,: :. mycoMMISSION #EE 017689 EXPIRES: August 16, 2014 �ItLdt. Bonded Thru Notary Public Underwriters 100 SEA ROAD, GULF STREAM, FLORIDA 33483 oRECEIVEDe JUG! 2 0 2041 Torun of C-ulf Stream, FL THIS I UMENT PREPARED BY: III lull 11�1�II�fI�1111�N111�IIN11 CFN 20110116475 OR BK 24445 PG 0999 RECORDED 04/06/2011 10:26:14 Palo Beach County, Florida AMT 10. 00 Doc Stamp 0.70 Sharon R. Bock,CLERK L COMPTROLLER Pgs 0999 - 1008; (Iopgs) James L. .6*en WYATT, T ANT & COMBS, LLP 500 West Jeffek-�birf"Street, Suite 2800 Louisville, Kentu 140202 (502) 589 -5235 �? Florida Bar No. 52 57 Parcel ID Number: 20- 'A, 6- 09 -43- 000 -0110 WARRANTY DEED THIS INDENTURE e day of am , 2011, between SARA SHALLENBERGER BRO nmarried ( "Grantor "), having a mailing address of Ashbourne, Harrods Creek, Kent cky, 40027, and W. L. LYONS BROWN, JR., married ( "Grantee), having a mailing addre rs i,i 70 Park Avenue, New York, New York 10021. rV�If�IESSETH: That Grantor, for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms to Grantee, and Grantee's heirs and assigns forever, the real property which is legally described on Exhibit A attached hereto and situated in the County of Palm Beach, State of Florida (the "Pro e "). The Property is not the homestead property of Sara Shallenberger Brown. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining to the Property, and any riparian rights belonging thereto. TO HAVE AND TO HOLD the same in fee simple forever. This conveyance is made subject to valid easements, reservations and restrictions of record, governmental regulations and real property taxes for the current year. Book24445 /Page999 Page 1 of 10 The Property is free of encumbrances except for real property taxes and assessments due and payable for 2011 and thereafter, which Grantee assumes and agrees to pay. Grantor does hereby fully warrant the title to said land, and will defend the same against C t wful claims of all persons whomsoever. IN TESTIMONY WHEREOF, Grantor has signed and sealed this instrument the day a d;1�ar first above written. Signed, sealed and delivered in the presence of the following two witnesses: k--) � WITN S Signature: Azmn' Printed: Signatu Printed: Signatu Printed: Signatu Printed: Signatu Printed: Signature: Printed: Signature: Printed: Signature: Printed: Book24445 /Page1000 By: W. L. Vyons Brown, Jr., Attorney -in- Fact for Sarfi Shallenberger Brown See Power of Attorney of record in OR Book , Page , Public Records of Palm Beach County By: Martin S. Brown, Attorney -in -Fact for Sara Shallenberger Brown See Power of Attorney of record in OR Book , Page , Public Records of Palm Beach County By: Owsley Brown, 11, Attorney -in -Fact for Sara Shallenberger Brown See Power of Attorney of record in OR Book , Page , Public Records of Palm Beach County By: Ina H. Brown Bond (f/k/a Ina H. Brown), Attorney -in -Fact for Sara Shallenberger Brown See Power of Attorney of record in OR Book , Page , Public Records of Palm Beach County Page 2 of 10 C ON WEALTH OF KENTUCKY ) :SS CO. = TY OF ) ' The foregoing instrument was acknowledged before me b W. L. Lyons Brown, g g g Y Y Jr., k'Attgpey -in -Fact for Sara Shallenberger Brown, the Grantor, on behalf of said Sara Shaller W er Brown, who is personally known1 to me &r *A4 has —ndlicerl (typP aN tificatiAn) m identifwaticn, on 1�.� C , 2011. Signature of Notary Public �u ryl ey P 6Q r�/ (Print, tyb3y stamp commissioned name of Notary Public.) My CommisO -q expires: > ./ 2.01/ (SEAL) s, o COMMONWEALTH OF COUNTY OF CKY ) :SS The foregoing instr I x0 -t was acknowledged before me by Martin S Attorney -in -Fact for Sara Shalleriber,�er Brown, the Grantor, on behalf of Shallenberger Brown, who is persorla�!'Anown to me or who has produced (type of identification) as identifrcation,',`birr , 2011. Signature of Notary Public (Print, type or stamp commissioned name of Notary Public.) My Commission expires: (SEAL) 3 Brown, as said Sara Book24445 /Page1001 Page 3 of 10 The Property is free of encumbrances except for real property taxes and assessments due and payable for 2011 and thereafter, which Grantee assumes and agrees to pay. Grantor does hereby fully warrant the title to said land, and will defend the same against rYlie 1; ful claims of all persons whomsoever. >> t; ,N TESTIMONY WHEREOF, Grantor has signed and sealed this instrument the day and Y1� f first above written. a r�r Signed, sealed and delivered in the presence of the following two witnesses: WITNES f =" Signature: Printed: Signatu Printed: Signatu Printed: Signatur Printed: t i va, S ignature: Printed: Signature: Printed: Signature: GRANTOR: SARA SHALLENBERGER BROWN By: W. L. Lyons Brown, Jr., Attorney -in- Fact for Sara Shallenberger Brown See Power of Attorney of record in OR Book , Page , Public Records of Palm Beach County A. - -- . By: 'Martin S. Brown, Attorney -in -Fact for Sara Shallenberger Brown See Power of Attorney of record in OR Book , Page , Public Records of Palm Beach County By: Owsley Brown, II, Attorney -in -Fact for Sara Shallenberger Brown See Power of Attorney of record in OR Book , Page , Public Records of Palm Beach County Printed: By: Ina H. Brown Bond (f/k/a Ina H. Brown), Attorney -in -Fact for Sara Signature: Shallenberger Brown Printed: See Power of Attorney of record in OR Book , Page , Public Records of Palm Beach County 2 Book24445 /Page1002 Page 4 of 10 C MONWEALTH OF KENTUCKY ) r�0 TY OF j :SS '> M The foregoing instrument was acknowledged before me by W. L. Lyons Brown, Jr., . ey -in -Fact for Sara Shallenberger Brown, the Grantor, on behalf of said Sara Shalle -fir Brown, who is personally known to me or who has produced (type of�1 'ratification) as identification, on )2011. f, =\ ; Signature of Notary Public (Print, tyFOR stamp commissioned name of Notary Public.) My ires: Stu o�ST ) �r nna,��.rr. ...,,� en►��'S�. COUNTY OF �ui-her�arz� :SS The foregoing instr �rt� was acknowledged before me by Martin S. Brown, as Attorney -in -Fact for Sara ShalleArli r Brown, the Grantor, on behalf of said Sara Shallenberger Brown, who is person44f- ;flown to me or who has produced — (type of identification) as identificatiori,�,6 ti_r.. March 10 2011. Signature of Notary Public (Print, type or stamp commissioned name of Notary Public.) My Commission expires: 1��t11tl11�, Q STATE'' OF TENNESM NOTARY PUBLIC OJ Z% O RD �1 1,`N%� Book24445 /Page1003 vanuarh 1q, a015 Page 5 of 10 The Property is free of encumbrances except for real property taxes and assessments due and payable for 2011 and thereafter, which Grantee assumes and agrees to pay. Grantor does hereby fully warrant the title to said land, and will defend the same against 1 1 claims of all persons whomsoever. =7� TESTIMONY WHEREOF, Grantor has signed and sealed this instrument the day and �e (first above written. Signed, sealed and delivered in the presence of the following two witnesses: WITNES _ CC s Signature: cn Printed:�� Signatur Printed: Signature: _ V (14?) Printed: (; Signature: ((� Printed: Signature: N Printed: Signature: Printed: , Signature: GRANTOR: SARA SHALLENBERGER BROWN By: W. L. Lyons Brown, Jr., Attorney -in- Fact for Sara Shallenberger Brown See Power of Attorney of record in OR Book , Page , Public Records of Palm Beach County By: Martin S. Brown, Attorney -in -Fact for Sara Shallenberger Brown See Power of Attorney of record in OR Book , Page , Public Records of Palm Beach County By: Owsley Brown II, Attorney -in -Fact for Sara Shallenberger Brown Wtc%Ac-tk 10 `LD I t See Power of Attorney of record in OR Book , Page , Public Records of Palm Beach County Printed: By: Ina H. Brown Bond (f/k/a Ina H. Brown), Attorney -in -Fact for Sara Signature: Shallenberger Brown Printed: See Power of Attorney of record in OR Book , Page , Public Records of Palm Beach County 2 Book24445 /Page1004 Page 6 of 10 COMMONWEALTH OF KENTUCKY _ ) :SS CONY OF ) e e rS d ) The foregoing instrument was acknowledged before me by Owsley Brown, I1, as Att e�y -in -Fact for Sara Shallenberger Brown, the Grantor, on behalf of said Sara Shall iberg r Brown, who is personally known to me on 144 c G. , 2011. ... Signature of Notary Public (Pri nt, ikid'or stamp commissioned name of Notary Public.) My Comr i ssion expires: 3/. z / `S �� C COMMONWEALTH Of," COUNTY OF �c The foregoing u (fWa Ina H. Brown), as Attorr of said Sara Shallenberger Bi (type of id 2011. CKY ) :SS was acknowledged before me by Ina H. Brown Bond for Sara Shallenberger Brown, the Grantor, on behalf is personally known to me or who has produced as identification, on , Signature of Notary Public (Print, type or stamp commissioned name of Notary Public.) My Commission expires: (SEAL) TITLE NOT CERTIFIED NO TITLE EXAMINATION REQUESTED AND NONE UNDERTAKEN Book24445 /Page1005 Page 7 of 10 The Property is free of encumbrances except for real property taxes and assessments due and payable for 2011 and thereafter, which Grantee assumes and agrees to pay. Grantor does hereby fully warrant the title to said land, and will defend the same against t1e la ,Jul claims of all persons whomsoever. .Q TESTIMONY WHEREOF, Grantor has signed and sealed this instrument the day and year'rst above written. 0 Cs Signed, sealed and delivered in the presence of the following two witnesses: WITNESS Signature: R\ Printed: Signatur Pri nted: Signature: Printed: ' Signature: (5 ;�', Printed: Printed: h fa ti be m, Signature: Printed: Signature: Printed: Signature: Printed:_ )9 ( &e7 rb , ,B orw( t (5 ;�', Signature: Printed: h fa ti be m, Book24445 /Page1006 GRANTOR: SARA SHALLENBERGER BROWN By: W. L. Lyons Brown, Jr., Attorney -in- Fact for Sara Shallenberger Brown See Power of Attorney of record in OR Book , Page , Public Records of Palm Beach County By: Martin S. Brown, Attorney -in -Fact for Sara Shallenberger Brown See Power of Attorney of record in OR Book , Page , Public Records of Palm Beach County By: Owsley Brown, 11, Attorney -in -Fact for Sara Shallenberger Brown See Power of Attorney of record in OR Book , Page , Public Records of Palm Beach County By: Ina H. Brown Bond (f /k/a Ina H. Brown), Attorney -in -Fact for Sara Shallenberger Brown See Power of Attorney of record in OR Book , Page , Public Records of Palm Beach County Page 8 of 10 SCHEDULE A Lot 11 of DRIFTWOOD LANDING, a subdivision in Palm Beach County, Florida, according to the plat thereof recorded in Plat Book 30, pages 231 and 232, of the Public Records of Palm Beach County, Florida. l:�o \L) Pa"ogether with all the tenements, hereditaments and appurtenances belonging or in �nywise appertaining to that land, and any riparian rights belonging thereto. � ct to the Declaration of Restrictions recorded in Official Record Book 2341, pa e�s� 736 to 1741, Public Records of Palm Beach County, Florida, and all other re s • cy'6s, reservations and easements of record, zoning and other governmental res*fjX i%s imposed by governmental authority, and taxes subsequent to Decem *rl1, 2010. p� BEING t me Property acquired by Sara Shallenberger Brown by Warranty Deed dated 6ugust 16, 1974, recorded September 19, 1974, in Official Records Book 2351, P' 86, in the Public Records of Palm Beach County, Florida. a Property appraiser's parcel`i,�l [eifcation number of the property is: 20- 43- 46- 09 -43- 000 -0110. 10367517.1 Z J Book24445 /Page1008 Page 10 of 10 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 August 18, 2011 W. L. Lyons Brown, Jr. 1 Driftwood Landing Gulf Stream, Florida 33483 Dear Mr. Brown: Telephone (561) 276 -5116 Fax (561) 737 -01 BB Town Manager WILLIAM H.THRASHER Town Clerk RITA L. TAYLOR This is to confirm that at the Public Hearing held by the Town Commission on August 16, 2011, your application for the following was considered for your property located at 1 and 3 Driftwood Landing: DEMOLITION PERMIT to demolish 215.9 sq. ft. of the existing minimal traditional style single family dwelling; SPECIAL EXCEPTION #1 to permit replacement of existing non- conforming windows with sizes and styles of windows that are prohibited; SPECIAL EXCEPTION #2 to extend the existing non - conforming west. walls of the existing minimal traditional style dwelling that encroach a maximum of 18.9 feet into the required 30 foot rear setback; LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit replacement of existing non - conforming windows with windows of a size and style that is prohibited, and to permit additions consisting of 862.28 sq. ft. to the existing minimal traditional style single family dwelling. The application was approved as requested and recommended by the Architectural Review and Planning Board. The costs in relation to this application are $1,572.25. Please make your check payable to the Town of Gulf Stream. Invoices showing the detail have been paid by Gulf Stream and copies are enclosed. This approval shall expire on August 16, 2012 if a Building Permit Application, including the aforementioned improvements, has not been applied for. Ver truly yours, Rita L. Taylorown Clerk CC: Jackie Albarran Mark Marsh Thomas Murphy n_c 100 SEA ROAD, GULF STREAM, FLORIDA 33483 f I' �1 'J� 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 August 18, 2011 W. L. Lyons Brown, Jr. 1 Driftwood Landing Gulf Stream, Florida 33483 Dear Mr. Brown: / / f Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H.THRASHER Town Clerk RITA L. TAYLOR This is to confirm that at the Public Hearing held by the Town Commission on August 16, 2011, your application for the following was considered for your property located at 1 and 3 Driftwood Landing: DEMOLITION PERMIT to demolish 215.9 sq. ft. of the existing minimal traditional style single family dwelling; SPECIAL EXCEPTION #1 to permit replacement of existing non- conforming windows with sizes and styles of windows that are prohibited; SPECIAL EXCEPTION #2 to extend the existing non - conforming west walls of the existing minimal traditional style dwelling that encroach a maximum of 18.9 feet into the required 30 foot rear setback; LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit replacement of existing non - conforming windows with windows of a size and style that is prohibited, and to permit additions consisting of 862.28 sq. ft. to the existing minimal traditional style single family dwelling. The application was approved as requested and recommended by the Architectural Review and Planning Board. The costs in relation to this application are $1,572.25. Please make your check payable to the Town of Gulf Stream. Invoices showing the detail have been paid by Gulf Stream and copies are enclosed. This approval shall expire on August 16, 2012 if a Building Permit Application, including the aforementioned improvements, has not been applied for. Ver truly yours, Rita L. Taylor,town Clerk CC: Jackie Albarran Mark Marsh Thomas Murphy 100 SEA ROAD, GULF STREAM, FLORIDA 33483 'roject 94- 012.019 Gulf Stream Misc. Services Invoice 47860 3illing Backup Friday, August 05, 2011 Jrban Design Kilday Studios Invoice 47860 Dated 8/5/2011 12:16:55 PM 'roject 94- 012.019 Gulf Stream Misc. Services ------------------------------------------------------------------------------------- 'hase 100 General Planning 'rofessional Personnel Hours Principal 2 - Brinkman, Joni 77Z=Tl - — Review staff report for Brown Residence. 2 - Brinkman, Joni 7/21/2011 Review staff report; discuss issues w /Marty. Senior Planner .20 125.00 75 125.00 - Minor, Marty 7/6/2011 1.50 110.00 Compile Brown residence information in preparation for meeting. Discuss subdivision review with Scott Soloman at Delray Beach and Brian LaMotte regarding - Minor, Marty 7/7/2011 .80 110.00 Review Brown residence fax and briefed Joni Brinkman. Amount 25.00 93.75 165.00 I� 88.00 � Page 2 'roject 94- 012.019 Gulf Stream Misc. Services 2 - Minor, Marty 7/25/2011 1.10 110.00 Review Brown Residence application materials. Coordinate with subdivision applicant on outstanding issues and resubmittal deadlines. 2 - Minor, Marty 7/27/2011 3.30 110.00 Prepare for ARPB. Review engineering comments. Review Brown Residence file. 2 - Minor, Marty 7/28/2011 2.70 110.00 Attend ARPB meeting. Designer I otal Labor Invoice 47860 121.00 P 363.00 J3 A - //C,00 Total this Phase Total this Project Total this Report /0 Z4,e '/04� -- 7-�— d Page 3 'roiect 94- 012.019 Gulf St- -n Misc. Services Billing Backup Urban Design Kilday Studios Invoice 47777 Dated 7/7/2011 'roject 94- 012.019 Gulf Stream Misc. Services ------------------------------------------------------------ :'hose 100 General Planning 'rofessional Personnel Hours Principal Review email from Skip re: Senior Planner 2 - Minor, Marty 6/9/2011 .70 110.00 Research and respond to John Randolph code review questiion regarding Brown residence. SEA mw� MENONWOU" Totals on Total Labor Invoice 47777 Thursday, July 07, 2011 3:47:19 PM Amount on Total this Phase Total this Project Total this Report �) zt--� MWI 12.50 ✓ 77.00 ✓ &r' loan Jones, Foster, Johnston & Stubbs, P.A. Town of Gulf Stream June 30, 2011 Town of Gulf Stream - General Invoice No. 142731 File No. 13147.00001 Page 1 FOR PROFESSIONAL SERVICES RENDERED: DATE DESCRIPTION OF SERVICES HOURS INDV JCR 0.50 JCR 0.20 JCR 06/08/11 TELEPHONE CONFERENCE WITH MARK MARSH AND TOM 0.20 JCR MURPHY 0.20 JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.20 JCR - 0.20 JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.80 JCR 0.20 JCR 0.20 JCR Jones, Foster, Johnston & Stubbs, P.A. Town of Gulf Stream Town of Gulf Stream - General 06/13/11 CORRESPONDENCE TO MARK MARSH AND TOM MURPHY RE: BROWN RESIDENCE 06/14/11 RECEIVE AND REVIEW LETTER FROM JONI BRINKMAN June 30, 2011 Invoice No. 142731 File No. 13147.00001 Page 2 2.60 DRW 3.50 JCR 0.60 JCR 0.30 JCR 4.50 DRW 0.20 JCR 0.20 JCR 0.20 JCR 0.30 JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.40 JCR 0.20 JCR 0.20 0.20 0.30 0.20 0.20 0.20 0.40 JCR JCR JCR JCR JCR JCR JCR Jones, Foster, Johnston & Stubbs, P.A. Town of Gulf Stream Town of Gulf Stream - General FOR PROFESSIONAL SERVICES RENDERED: DATE DESCRIPTION OF SERVICES va 05/09/11 TELEPHONE CONFERENCE WITH JACKIE ALBARRAN v 05/09/11 TELEPHONE CONFERENCE WITH JACKIE ALBARRAN May 31, 2011 Invoice No. 141825 File No. 13147.00001 Page 1 HOURS INDV 0.20 JCR 0.20 MHD 0.60 MHD 0.20 0.30 0.20 0.20 MHD MHD MHD JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.60 JCR 0.20 JCR 0.20 JCR E 0.20 A 0.80 JCR JCR 0.20 JCR 0.30 0.20 JCR JCR Jones, Foster, Johnston & Stubbs, P.A. Town of Gulf Stream Town of Gulf Stream - General 05/11/11 TELEPHONE CONFERENCE WITH MICHAEL WEINER RE: BROWN PROPERTY 05/19/11 TELEPHONE CONFERENCE WITH JACKIE ALBARRAN 05/20/11 OFFICE CONFERENCE WITH TOM MURPHY AND JACKIE ALBARRAN RE: BROWN RESIDENCE Y May 31, 2011 Invoice No. 141825 File No. 13147.00001 Page 2 0.20 JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.20 JCR 4.90 JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.80 JCR 0.20 JCR 0.20 JCR 0.20 JCR 0.20 JMO 0.40 JMO EL. IS 0.20 JCR 0.20 JCR X0.20 JCR VI "i-k � � TOWN OF GULFSTREAM SITE DATA TABLE GROSS LOT AREA 63,51 6.65 EFFECTIVE LOT AREA 50,798.5 FAR CALCULATIONS EXISTING DEMO NEW 194.57 N/A 211.46 N/A NET 4,267.98 FIRST FLOOR LIVING 4,251.09 CEILING OVER 15' (DOUBLE) N/A NONE NONE N/A SECOND FLOOR LIVING 1,350.01 1,350.01 FIRST FLOOR COVERED �POR H2 OVERHANGS 573.87 21.33 N/A 650.82 G3�'j N/A /a0 1,203.36 SECOND FLOOR COVERED N/A N/A AWNINGS >3' AND SCREEN ENCLOSURE O 0 % N/A N/A N/A / N/A GARAGE 989.13 NONE NONE 989.13 GROSS FLOOR AREA 7,164.10 215.90 �� 6 7,810.46 7B i OUTBUILDINGS N/A N/A N/A N/A TOTAL FLOOR AREA PROPOSED 2 y 7,810.48 FIRST 20000 O .33 6,600.00 OVER 20000 0 .20 6,159.70 TOTAL ALLOWABLE FAR PER MANUAL 12,759.70 TOTAL HARDSCAPE AREA 6,204.86 REQUIRED LANDSCAPE AREA (LOT SIZE x 40 %) 20,319.4 ACTUAL % LANDSCAPED OPEN SPACE AREA 38,133.17 Attn: Jacqueline A[Darrury ATTn, muuu, 1 —1-- 324 Royal Palm We (561' )44 -0596 Suit 227 Palm Beach, FI 33480 (561) 655 -7676 GENERAL CONTRACPOR CONSULTING SURVEYORS Givens Buildings O'BRIEN, SUITER & O'BRIEN, INC. General Contractor: Tim Givens Attn: Mr. Paul D.Engle Attn: Andrew Lucero (561) 276 -4501 (561) 762 -2500 TOWN OF GULFSTREAM 63,516.65 SITE DATA TABLE 845.76 GROSS LOT AREA EFFECTIVE LOT AREA 50,798.5 EXISTING 4,251.09 N/A 1,350.01 573.87 DEMO NEW NET FAR CALCULATIONS FIRST FLOOR LIVING CEILING OVER 15' (DOUBLE) SECOND FLOOR LIVING FIRST FLOOR COVERED jP ORC/2E �, OVERHANGS SECOND FLOOR COVERED AWN=>3O'ANOD SCREEN ENC GARAGE 194.57 211.46 4267.98 N/A N/A N/A NONE NONE 1,350.01 NONE 634.30 1,208.17 N/A N/A N/A N/A N/A N/A N/ A N/A 889.13 NONE NONE 989.13 GROSS FLOOR AREA 7,164.10 194.57 845.76 7,815.29 N/A N/A N/A N/A OUTBUILDINGS 7,815.29 TOTAL FLOOR AREA PROPOSED 6,600.00 FIRST 20000 O .33 OVER 20000 O .20 6,159.70 TOTAL ALLOWABLE FAR 12,759.70 PER MANUAL TOTAL HARDSCAPE AREA 6,826.78 20,319.4 REQUIRED LANDSCAPE AREA (LOT SIZE x 40 %) 36,872.14 ACTUAL X LANDSCAPED OPEN SPACE AREA MEMORANDUM TO: William Thrasher Town Manager FROM: Marty R.A. Minor, AICP DATE: May 10, 2011 RE: BROWN RESIDENCE REVIEW urban design ki I dad Urban Planning and Design Landscape Architecture Communication Graphics At your request, I have reviewed the plans, created by SKA Architects, for the additions and renovation of the Brown Residence at 1 & 3 Driftwood Landing in Gulf Stream, Florida. The subject house is located within the Town's North /South single family zoning district. The applicant is proposing additions to the main building, a demolition of a portion of the garage building and the replacements of windows and doors within the main building and garage /penthouse. As a result of the proposed changes, the gross floor area of the buildings on site would increase from 7,164 square feet to 7,815 square feet. The proposed additions conform with the Town's Floor Area Ratio regulations and with the applicable building setbacks. Please note that the required rear setback, along the Intracoastal Waterway, is 30 feet. The existing building is not in conformance with this setback and exists in a non - conforming condition. The proposed addition does not increase the non - conformity along the rear setback. However, the proposed replacement of the existing windows, many of which are older jalousie windows, to impact- resistant windows are inconsistent with the Town's Design Manual. In particular, the proposed windows' lack the preferred muntins and provision of large undivided area is inconsistent with the Town's design standards. I have spoken with the applicant, Jackie Albarran of SKA Architects, about this inconsistencies and the need to provide muntins on the new windows in order to be compliant with Town regulations. Ms. Albarran indicated that the existing house was an "eclectic" style and not Gulf Stream- Bermuda. She indicated that the house was built with a variety of windows including large windows without muntins or mullions. Ms. Albarran stated she believed the large paned windows should be grandfathered. This argument fails to address how the proposed windows are in compliance with the Areawide Standards which apply to all single family homes within the Town. Section 70 -101 of the Town's Design Manual specifically addresses windows within all styles of single H: \JOBS \Gulf Stream 94- 012 \Brown Residence \Brown Residence Review Memorandum.doc 477 S. Rosemary Avenue Suite 225 - The Lofts at CityPlace West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDKstudios.com LCC35 Mr. William Thrasher Brown Residence Review May 10, 2011 Page 2 family homes. Under this section, the preferred windows are as follows: (1) Reflect architectural style. (2) Use of muntins to divide glass into unified sections of four square feet or less. The proposed replacement windows range in size, according to the plans, from six square feet to more than 40 square feet of undivided glass. These proposed undivided window areas far exceed the limits of the preferred windows outlined in Section 70 -101 above. In Section 70- 101(c), six window styles and elements are described and listed as "Discouraged." The proposed window meet at least two (2) of the discouraged criteria. Those are: (4) Between 25 percent and 50 percent of total window opening area on an elevation composed of undivided panes larger than eight square feet. (5) Windows with undivided panes larger than 16 square feet located on the outer face of the building not screened from an off - premise view. The proposed western elevation of the house contains several large windows in excess of 16 square feet. These windows can be viewed from the Intracoastal Waterway. Also, more than 25 percent of the window area on that elevation is composed of undivided panes larger than eight square feet. It also appears that along the northern elevation, more than 50 percent of the window area is composed of undivided panes larger than eight square feet and is visible from a street or waterway. Under Section 70- 101(d)(7), this makes these windows and elevation a prohibited design element. Additional information on the undivided area of each window of the house is needed in order to make a determination for the other house elevations and the garage /penthouse. On the north elevation, another large picture window, approximately 40 square feet in size, is proposed. If that picture window or any proposed window, in excess of 16 square feet, can be seen from the street, then the window would be prohibited. The majority of the proposed windows for the house and the garage /penthouse are undivided panes of eight and 12 feet in size with many in excess of 16 square feet, which are expressly discouraged. The Town's Code addresses the applicability of the Town's standards during additions and renovations of existing structures. Section 70 -107 of the Town's Code calls for additions to match the design of the existing building and "whenever possible, existing discouraged or prohibited design elements should be removed or replaced and preferred elements incorporated." With this application, the applicant is seeking to replace prohibited windows (jalousie) with discouraged and prohibited undivided Mr. William Thrasher Brown Residence Review May 10, 2011 Page 3 windows of various sizes. The applicant is not providing for any of the preferred divided window type of four square feet in size or less. Section 70 -107 recommends that preferred design elements, such as the divided pane windows, be included in all renovations. Also, the code discourages the provision of any discouraged design elements and prohibits the inclusion of any new prohibited elements. Recommendation It is recommended that the applicant revises its application and drawings to reflect the preferred design element for windows within the Town. This preferred style is a window with muntins that create unified sections of four square feet or less in size. The applicant is currently proposing discourage and prohibited design elements. If the applicant wishes to proceed to allow for the prohibited window design elements, we would recommend denial of the application until the preferred windows are provided. It is important to note that the intent and purpose of the Town's design standards is "to promote a community that will have a clear identity and sense of place, meet the needs of the residents, and provide a pleasing environment for all uses and activities. " By providing the preferred window design elements, the renovation to the house would bring an older house into conformance with Town's standards. The application, as currently presented, would only replace prohibited window design elements with another prohibited and discouraged design element. H ls. Rita L. Taylor I i Paqe 1 of 3 Buffer: 300 Property Appraiser GIS - Property Detail list by parcel control number Buffer: 12434609390000113 Acres 0.00 Sales instr MTG 20434609430000110 Acres 0.00 Sales instr MTG 100 NW 1ST AVE BROWN SARA S Value $ 1,967,391.00 Price $179,000.00 PUSE SINGLE FAMILY ASHBOURNE Taxbl $ 1,967,391.00 Date 1/1/1974 1 TaxDist 20984 Land $ 432.00 Bldg $ 72,531.00 Book 02351 Acres HARRODS CREEK KY 40027 Land $ 1,894,860.00 Page 0386 NAV 00300 Buffer: 300 12434609390000113 Acres 0.00 Sales instr MTG DELRAY BEACH CITY OF Value $ 432.00 Price $ PUSE MUNICIPAL 100 NW 1ST AVE Taxbl $ 0.00 Date TaxDist 12984 Bldg $ 0.00 Book DELRAY BEACH FL 33444 2612 Land $ 432.00 Page NAV 20434609000001041 Acres 0.00 Sales instr 00 MTG GULFSTREAM TOWN OF Value $ 1,000,000.00 Price $100.00 PUSE MUNICIPAL 100 SEA RD Taxbl $ 0.00 Date 1/1/1976 1 TaxDist 20984 Bldg $ 0.00 Book 02620 DELRAY BEACH FL 33483 7427 Land $ 1,000,000.00 Page 0149 NAV 2043460900000105Q Acres 0.00 Sales instr 00 MTG GULFSTREAM TOWN OF Value $ 1,600,000.00 Price $100.00 PUSE MUNICIPAL 100 SEA RD Taxbl $ 0.00 Date 1/1/1976 1 TaxDist 20984 Bldg $ 0.00 Book 02620 DELRAY BEACH FL 33483 7427 Land $ 1,600,000.00 Page 0147 NAV 20434609390000241 Acres 0.00 Sales instr WD MTG PRAIRIE REALTY SERVICES LLC Value $ 751,807.00 Price $ 2,529,605.00 PUSE SINGLE FAMILY 21 SE 3RD ST Taxbl $ 751,807.00 Date 4/28/2010 TaxDist 20984 Bldg $ 157,510.00 Book 24149 EVANSVILLEIN 47708 1412 Land $ 594,297.00 Page 1617 NAV 00300 DRIFTWOOD LANDING 5/10/2011 LOT 11 SUB 9 -46 -43 LTS 11, 24 & 25 (LESS PT OF LTS 11 & 24 IN DB1099P648, PT OF LT 24 IN DB1014P440, PT OF LTS 24 & 25 IN DB1011P355 WLY95 FT OF ELY 322.5 FT OF NLY 9- 46-43, NLY 207.07 FT OF SLY 375 FT OF WLY 816.81 FT OF NE 1/4 LYG E OF FIND CNL & W OF PL OF GOLF COURSE ADD (LESS N 160 FT OF W 300 FT OF E 569.28 FT) 9-46 -43, W 300 FT OF E 569.28 FT OF N 160 FT OF S 375 FT OF NE 1/4 E OF FIND CNL & WOF PL OF GOLF COURSE ADD SUB 9-46 -43 PT OF LT 24 AS IN DB1014P440 Paqe 2 of 3 I Property Appraiser GIS - Property Detail list by parcel control number 20434609390000252 Acres 0.00 Sales instr QC OVERTON WENDY A Value $ 744,151.00 Price $100.00 WENDY A OVERTON TR TI HLDR Taxbl $ 519,165.00 Date 11/1/1993 2525 PELICAN LN Bldg $ 149,854.00 Book 08021 DELRAY BEACH FL 33483 7300 Land $ 594,297.00 Page 1697 \ 20434609430000010 MILANO FLAVIA K 4 DRIFTWOOD LANDING RD GULFSTREAM FL 33483 7222 20434609430000020 BROWN SARA S ASHBOURNE HARRODS CREEK KY 40027 20434609430000030 ]ONES ROSS & 5 DRIFTWOOD LANDING DELRAY BEACH FL 33483 7221 20434609430000040 TEMPLETON MARK B 7 DRIFTWOOD LNDG GULFSTREAM FL 33483 7221 20434609430000060 MURPHY THOMAS N ]R 6 DRIFTWOOD LNDG DELRAY BEACH FL 33483 7222 MTG PUSE SINGLE FAMILY TaxDist 20984 NAV 00300 Acres 0.00 Sales instr WD MTG Value $ 1,484,908.00 Price $ 2,625,000.00 PUSE SINGLE FAMILY Taxbl $ 1,434,908.00 Date 8/18/2010 TaxDist 20984 Bldg $ 244,636.00 Book 24065 Land $ 1,240,272.00 Page 1814 NAV 00300 Acres 0.00 Sales instr MTG Value $ 502,031.00 Price $100.00 PUSE VACANT Taxbl$ 502,031.00 Date 1/1/1979 1 TaxDist 20984 Bldg $ 0.00 Book 03154 Land $ 502,031.00 Page 1672 NAV Acres 0.00 Sales instr WD MTG Value $ 1,434,002.00 Price $1,625,000.00 PUSE SINGLE FAMILY Taxbl $ 1,384,002.00 Date 11/1/2000 TaxDist 20984 Bldg $ 193,730.00 Book 12112 Land $ 1,240,272.00 Page 895 NAV 00300 Acres 0.00 Sales instr MTG Value $ 983,211.00 Price $ PUSE SINGLE FAMILY Taxbl $ 933,211.00 Date TaxDist 20984 Bldg $ 481,180.00 Book Land $ 502,031.00 Page NAV 00300 Acres 0.00 Sales instr WD MTG Value $ 768,580.00 Price $ 525,000.00 PUSE SINGLE FAMILY Taxbl $ 537,956.00 Date 8/1/1993 1 TaxDlst 20984 Bldg $ 266,549.00 Book 07828 Land $ 502,031.00 Page 1764 NAV 00300 5/10/2011 SUB 9 -46 -43 WLY 95 FT OF E 322.5 FT OF NLY 107 FT OF LT 25 DRIFTWOOD LANDING LT 1 DRIFTWOOD LANDING LOT 2 DRIFTWOOD LANDING LOT 3 DRIFTWOOD LANDING LOT 4 DRIFTWOOD LANDING LOT 6 Page 3 of 3 5/10/2011 Property Appraiser GIS - Property Detail list by parcel control number 20434609430000070 Acres 0.00 Sales instr WD MTG DRIFTWOOD LANDING LOT 7 HEILAKKA LESLIE E & Value $ 1,188,708.00 Price $ 310,000.00 PUSE SINGLE FAMILY 11 DRIFTWOOD LNDG Taxbl $ 1,138,708.00 Date 6/1/1997 1 TaxDist 20984 Bldg $ 686,677.00 Book 09881 GULFSTREAM FL 33483 7221 Land $ 502,031.00 Page 0150 NAV 00300 20434609430000080 Acres 0.00 Sales instr MTG DRIFTWOOD LANDING LOT 8 BROWN M S & Value $ 548,227.00 Price $ 73,700.00 PUSE SINGLE FAMILY 6231 HILLSBORO RD Taxbl $ 548,227.00 Date 1/1/1974 1 TaxDist 20984 Bldg $ 46,196.00 Book 02365 NASHVILLE TN 37215 5501 Land $ 502,031.00 Page 0207 NAV 00300 20434609430000090 Acres 0.00 Sales instr WD MTG DRIFTWOOD LANDING LOT 9 HENRY PEGGY Value $ 2,245,533.00 Price $ 3,950,000.00 PUSE SINGLE FAMILY 2002 PELICAN LN Taxbl$ 2,195,533.00 Date 10/4/2008 TaxDist 20984 Bldg $ 445,533.00 Book 22906 DELRAY BEACH FL 33483 7300 Land $ 1,800,000.00 Page 590 NAV 00300 20434609430000100 Acres 0.00 Sales instr WD MTG DRIFTWOOD LANDING LOT 10 BROWN MARTIN S & Value $ 1,729,764.00 Price $ 868,000.00 PUSE SINGLE FAMILY 6231 HILLSBORO RD Taxbl $ 1,729,764.00 Date 3/18/1998 TaxDist 20984 Bldg $ 7,164.00 Book 10298 NASHVILLE TN 37215 5501 Land $ 1,722,600.00 Page 600 NAV 00300 20434609430000120 Acres 0.00 Sales instr QC MTG DRIFTWOOD LANDING LOT 12 TERLIZZI JAMES D & Value $ 4,333,774.00 Price $10.00 PUSE SINGLE FAMILY 8 DRIFTWOOD LANDING Taxbl $ 4,234,069.00 Date 6/9/2009 1 TaxDist 20984 Bldg $ 1,749,874.00 Book 23292 DELRAY BEACH FL 33483 7222 Land $ 2,583,900.00 Page 602 NAV 00300 Location Address: i DRIFTWOOD LNDG Municipality: GULF STREAM Parcel Control Number: 20- 43- 46- 09 -43- 000 -0110 Subdivision: DRIFTWOOD LANDING AS IN Official Records Book: 24445 Page: 999 Sale Date: Mar -2011 DRIFTWOOD LANDING LOT it View Map Caiculate 1 Portability 1 2010 Proposed Tax Notice Reverse Side Help Name: BROWN W L LYONS JR I Ail Owners Mailing Address: 770 PARK AVE NEW YORK NY 10021 4153 Sales Date Book /Page Price Sale Type Owner Mar -2011 _ _ $10 WARRANTY DEED BROWN W L LYONS JR Exemption Information Unavailable. Tax Year: Improvement Value: Land Value: Total Market Value: 2010 2009 2008 $72,531 $117,910 $204,577 $1,894,860 2 105 400 $2,420,000 $1,967,391 2 223 310 $2,624,577 Number of Units: 2 *Total Square Feet: 6689 * May indicate living area in 0100- RESIDENTIAL residential properties. All values are as of January 1St each year Tax Year: Assessed Value: Exemption Amount: Taxable Value: 2010 2009 '< $1,967,391 2 223 310 $2,624,577 0 0 0 $1,967,391 2 223 310 $2,624,577 Tax Year: 2010 Ad Valorem: $36,535 $39,805 $42,883 Non Ad Valorem: 332 312 312 Total Tax: $36,867 $40,117 $43,195 Structure Detail 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, July 28, 2011 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Tuesday, August 16, 2011 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 Jacqueline Albarran as agent for W. L. Lyons Brown, Jr. owner of property located at 1 and 3 Driftwood Landing, legally described as Lot 11 Driftwood Landing Subdivision, Gulf Stream, Florida, for the following: 1. DEMOLITION PERMIT to demolish 215.9 square feet of the existing Minimal Traditional style single family dwelling. 2. SPECIAL EXCEPTION #1 to permit replacement of existing non - conforming windows with sizes and styles of windows that are prohibited. 3. SPECIAL EXCEPTION #2 to extend the existing non - conforming west walls of the existing Minimal Traditional style dwelling that encroach a maximum of 18.9 feet into the required 30 foot rear setback. 4. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit replacement of existing non - conforming windows with windows of a size and style that is prohibited, and to permit additions consisting of 862.28 square feet to the existing Minimal Traditional style single family dwelling. 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: July 14, 2011 TOWN OF GULF STREAM, FLORIDA L?'—'A r� -� Rita L. Taylor, T*n Clerk