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HomeMy Public PortalAboutAPP 011~14TOWN 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 July 15, 2011 W. L. Lyons Brown, Jr. 1 Driftwood Landing Gulf Stream, Florida 33483 Dear Mr. Brown: This is to confirm Commission on July Appeal to the Town conforming windows that are prohibiter of a variance,with Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILILIAM H. THRASHER Town Clerk RITA L TAYLOR that at the Public Hearing held by the Town 8, 2011, your application for an Administrative Commission that the replacement of existing non - on structures with sizes and styles of windows i would require an application for and approval 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, Rita L. Taylor Town Clerk cc: Jackie Albarran Mark Marsh Thomas Murphy 100 SEA ROAD, GULF STREAM, FLORIDA 33483 TOWN OF GULF STREAM ARCHITECTURAL REVIEW AND PLANNING REPORT Application #: 011 -14 Owner: W.L. Lyons Brown Address: 1 & 3 Driftwood Landing Approvals Requested: Administrative Appeal: Decision by the Town Manager 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. Considered During Review: Note: the attached proposed site plan has not been reviewed at this time. The only items being reviewed are whether the proposed size and type of windows and doors conform to the code and whether a variance is required. Section 70 -4. How to use this manual (c) Design standards. The design standards in this chapter provide the tozvn with a methodology and common framezvork for reviezving submissions for project approvals. The design standards contain 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 project incorporates prohibited elements and therefore a variance is required. Section 70 -101. Windows. (d) Prohibited. (5) Undivided zvindozvs over three feet in zvidth or larger than 16 SF visible from street. (7) More than 50 percent of total zvindozv opening area on a street or zvaterzvay 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 administrative challenge and any future site plan review process. Section 70 -107 Additions and rehabilitations, and replacement of existing features (a) ... Whereever 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, along with 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 (d) 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) Town Commission ARPB File #011 -14 TC July 8, 2011 NOTE: Standards not met: Page 2 b. The addition or rehabilitation shall comply zoith the standards listed in section 70 -107 c. The prohibited design element shall be an integral part of the design or structure of the existing building. NOTE: There are window and door opening sizes that exceed these two standards. TC Date: July 8, 2011 Action: Deferred decision & directed applicant to submit application to ARPB as either a Special Exception or a Variance (their choice) . If Special Exc. not recommended there would then be opportunity for consideration of a variance. aRECEIVriDe JUN 2 0 2011 of Gulf Stmm, FL. APPLICATION FOR APPEAL OF FINAL ACTION OF PLANNING & BUILDING ADMINISTRATOR Date of Application June 20, 2011 Fee: $400.00 I. Project Information Owner Name: Owner Signature: " l see attached Aszent Affidavit iNl th r 0 y J'-j Project Address: 1 Driftwood Landing, Gulf Stream, FL 33483 Project Property Legal Description: See attached Warranty Deed Project Description as Requested (describe in detail) Replacing existing xisting fenestrations with new high impact fenestration II. Final Action of Planning & Building Administrator See Attached III. Reason for Appeal See Attached IV. Standards to be Addressed by Applicant: (1) Acted in a manner inconsistent with the provisions of this Code or other applicable local, state or federal law; See Attached (2) Made erroneous findings of fact based on the evidence and testimony placed before the final review authority at a public hearing; (3) Failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance with the applicable regulations. N/A V. Please attach color swatch, pictures or plans showing the proposed improvement. Official Use Only Public Hearing Date: Action: 12/18/02 Exp- CoSh -Dep -Forms Post -it® Fax Note 7671 uace To } From . J co. /Dept. Co. /_ II. Final Action of Planning and Building Admini Phone # Phone # 77 {J Fax# / i III Fax# Applicant appeals from the final action of William Thrasher, Town Manager, acting in his capacity as Building Administrator. Applicant submitted architectural plans which called for the replacement of existing windows except for jalousies and awnings which cannot be ordered as hurricane -proof glass. The dimensions of all replacement windows are similar dimensions as those of the windows of the existing residence. The Building Administrator stated at a pre - application meeting with Mark Marsh, consulting architect of applicant, that mullions are not required; but, rather, the four as indicated on the elevations, three in the dining room and one in the living room, violate the provisions of Section 70- 101(b)(5) in that two subject windows, which are being replaced exactly to the same size and specifications of the existing windows, have undivided panes larger than 16 square feet located on the outer face of the building not screened from an off - premises view. In addition, the Building Administrator has insisted that applicant's only available relief pursuant to the Town's Ordinances, is an Application for a Variance. Applicant disagrees. III. Reason for Appeal. Applicant appeals the final action of the Building Administrator in that applicant believes that Section 70 -126 is applicable, since Applicant's replacement of windows to similar size and dimensions of the existing windows falls under Division 2. Special Exception Architectural Standards of the Gulf Stream Design Manual. Section 70 -126 specifically addresses the change in windows which Applicant seeks with respect to the existing structure. Moreover, Applicant cannot possibly meet the burden with respect to requesting a variance. Variances are permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building which, because of unusual or unique circumstances, is denied by the applicable zoning code. Unnecessary hardship has been defined to be arduous restrictions upon the uses of particular property which are unique and distinct from that of adjoining property owners in the same zoning district. Maturo v. City of Coral Gales, 619 So.2d 455, 456 (Fla. 3d DCA 1993). The hardship must arise from circumstances peculiar to the realty alone, unrelated to the conduct or to the self - originated expectations of any owner. In this instance Applicant merely seeks to replace existing elements with the same elements except for substituting jalousies and awnings for plain glass, which are hurricane - proof. Jalousies and awnings cannot be hurricane - proof. Applicant is not increasing the size of these windows, but, rather, enhancing the quality of the windows of the existing structure. Through this application the owner seeks only to maintain in large measure the size and configuration of existing fenestrations. IV. Standards to be Addressed by Applicant. (1) The Building Administrator's interpretation of the applicable code sections, including Sections 70 -126 and 70 -101, is misapplied as owner seeks relief to basically replace and improve the non - conforming fenestrations. Section 70 -126 is precisely the section of the code which applies to the facts and circumstances of this case. The only four windows, two of which are being replaced in kind, for which Applicant seeks relief under Section 70 -126 are located on the west side of the existing building. Owner's minimal plans for this home fall squarely within the provisions of Section 70 -126 in that the design is for a modest 800 sq. ft. addition and rehabilitation, which incorporate a prohibited design element that is an integral part of the design of the existing structure. The Building Administrator strains the interpretation of Section 70 -126 and Section 70 -101 by insisting that once a window is removed, its dimensions must conform to Section 70- 101(b)(5). The total value of the renovations and replacements are a small fraction of the overall value of the property and substantially less than the threshold of 75% of the total value of the property in question. Therefore, the owner respectfully submits that the need to conform to the provisions of Section 70 -101 is not required and the provisions of Section 70 -126 of the Code should apply in this case. 2 AO— PLOT PLAN, INDEX Al— PROPOSED SITE PLAN A2— PROPOSED FLOOR PLAN (MAIN HOUSE) A3— PROPOSED ROOF PLAN (MAIN HOUSE) A4— EXISTING AND PROPOSED EAST ELEVATIONS (MAIN HOUSE) A5— EXISTING AND PROPOSED WEST ELEVATIONS (MAIN HOUSE) A6— EXISTING AND PROPOSED NORTH ELEVATIONS (MAIN HOUSE) A7— EXISTING AND PROPOSED SOUTH ELEVATIONS (MAIN HOUSE) A8— PROPOSED FIRST AND SECOND FLOOR PLANS (GARAGE /PENTHOUSE) A9 — PROPOSED ROOF PLAN (GARAGE /PENTHOUSE) A10— EXISTING AND PROPOSED EAST ELEVATIONS (GARAGE /PENTHOUSE) All— EXISTING AND PROPOSED WEST ELEVATIONS (GARAGE /PENTHOUSE) Al2— EXISTING AND PROPOSED NORTH ELEVATIONS (GARAGE /PENTHOUSE) A13— EXISTING AND PROPOSED SOUTH ELEVATIONS (GARAGE /PENT HOUSE) Exi— EXISTING SITE PLAN Ex2— EXISTING FLOOR PLAN (MAIN HOUSE) Ex3— EXISTING ROOF PLAN (MAIN HOUSE) Ex4— EXISTING FIRST AND SECOND FLOOR PLANS (GARAGE /PENTHOUSE) Ex5— EXISTING ROOF PLAN (GARAGE /PENTHOUSE) SURM BOUNDARY, TOPOGRAFIC AND EASEMENT SURVEY ARCETEC'T' SrRLV URAL ENOII�t SKA Architect + Planner Robert D. Botkin P.E. Attn: Jacqueline Albarron Attn: Robert Botkin 324 Royal Palm Way Suit 227 (561) 644 -0596 Palm Beach, FI 33480 (561) 655 -7676 cHffiiAL CONfRAL1'OR Givens Buildings General Contractor: Tim Givens Attn: Andrew Lucero (561) 762 -2500 CONSUL1IlQ0 SURVEYORS O'BRIEN, SUITER k O'BRIEN, INC. Attn: Mr. Paul D.Engle (561) 276 -4501 TOWN OF GULFSTREAM SITE DATA TABLE GRGSS Lm AREA 63,516.65 EMCM Ua AREA 50,798.5 FAR CALCULATIONS EXISTING DEMO NEW NET nRsT FLOOR WINO 4.351.09 194W 311.46 4261.98 Como MR is- (Musua N/A N/A N/A N/A SECOND MOOR WINO 1.!50.01 NONE NONE 1,350.01 (FIRST amR COVERED fP?RC 2 OVERHANGS 573.57 NONE 634!0 1.306.17 SECONO FLOOR COVERED N/A N/A N/A N/A ENCLO -RE 6 50x� N N/A N/A N/A N/A GARAGE 989.13 NONE NONE 969.13 DROSS TUDOR AREA 7.184.10 194.57 846.76 7.01519 OIfIBUXDIN05 N/A N/A N/A N/A TOTAL FLGGR AREA PROPOSED 7'.1519 nRSF 30000 • 13 8.s00.00 OVER 20000 • .20 -059.70 TOTAL ALLOWABLE FAR PER MANUAL 12,759.70 TOTAL HARDSCAPE AREA 8,826.78 REWem UORMCAPE AREA (LOT S . 40%) 20.319.4 ACTUAL % UNOSCAPm OPEN SPACE AREA 36.672.14 PLOT PLAN SGLE, ILTd. JUN 2 0 2011 an o "? clia im <� W m •• Z W 3a n. to HF �3rR t�n ytm N w !I 6i .,-RRRRIile�. • .eeilR. y • 11� ffffff �'� Ilia �II� I 4: DATE: 06 -15 -11 00 2 THE GENERAL CONTRACTOR SHALL VERIFY ALL .IONS, DRAWINGS AND SPECRMATION REWIREYEHIS WITH EXISTING PmIIttOIONS IN THE FIELD ANO BRING ANY DISCREPANCIES TO THE ARCRTTELTS A019 ON BEFORE PROCEEDINIO WITH THE WORN. DO NOT SCALE DRAWING. ALL DMENSIONS SUPERSEDE ANY GRAPHIC REPRESENTATION. ALL CONSTRUCTION TO BE ACCORDING TO CURRENT LOCAL CODES: F1M 2007 WITH FBC 2009 REVISIONS, r_ x �. G M 4� pow «_ N m O s N t3 d to � -n r Y GULFSTREAM SITE DATA TABLE 63,516.65 50,798.5 EXISTING DEMO NEW NET a,231m t9U1 311/0 A-- R/A N/A R/A M/A I.ENOAI NONE NONE 5)!J) NpIF 6l1�lO 1.2061) N/A VA N/A N/A R/A N/A N/A N/A 9M.1! NONE MOME —.1! zl9alo vuT IIIan , nA N/A n/A N/A zero! e,eoo,w ats9.To t 2,T!l.7e aIIm.TN m.lIOA le,m.la PROPOSED SITE PLAN �N a m n W = 1 3 a . +n FC U H =3� Yee I/2 < ¢m r� Z C) Q w Z 0 U Q ry Z I O � 0 1 — O (n O w 12 O Q W z Elf cy- 0 LL. cl:� M J IM REVISIONS: SHEET NUMBER: Al DATE: 06 -15 -11 JOB If 0322 I "- - - "'AL CONOU,CiOR SNALL VERIFY ALL DIMENSIONS, DRAWINGS AND ]ON REQUIREMENTS WITH EXISTING CONDNIONS IN THE FIELD ANY gSCAEPAMCI6 TO THE ARCHITECT'S AITENi1ON BEFORE G WITH THE WORK. ALE DRAWING. ALL DIMENSIONS SUPERSEDE ANY GRAPHIC ATION. RUCTION TO K ACCORDING TO CURRENT UO 1007 WITH FBC 2009 REVISIONS, LEGEND: EXISTING WALLS TO REMAIN NEW WALLS -- - --� ELEMENTS ABOVE D M a2 •• _ 4 �a Ut 2 i A,J V Z < Ld Q Q 0 z ry Z Q O W J p LL w O Q w Z rK O C/-) M M REVISIONS: 'qoRECElV2xD® A JUN 2 0 2011 To:Am of Gulf Stream, FL IROPOSED FLOOR PLAN (MAIN HOUSE) ALL, I /,' _ I._D. SHEET NUMBER: A2 ROOF. DATE: E EXISTING WINDOWS AND DOORS WITH NEW E IMPACT DOORS AND WINDOWS. (TYP) 06-15-11 NTIRE STRUCTURE TO MATCH EXISTING. ,JOB 0352 r- A HHALL VERBY ALL DIMENSIONS. DRAWINGS AND S WITH EXbIING CGNRITMNS IN THE FIEED RC !ES TO THE A IM 5 ATTENTION BEFORE DIMENSIONS SUPERSEDE ANY GRAPHIC SGRDING TO CURRENT IDCAL zm NEVISIONS. CEG ROOF .ISTNG NMF LINE FAM IINE IVDo 2011 Town of Gaff Stream, ;:L <n O n On a �u S W + wU C � S i u g v1Oi n k' CD V Z Q W C v z Iz z 10 w 0 o w O w O � � Q Z �w a� 0 o � W REVISIONS: A 0 A SHEET NUMBER: A3 DATE: 06 -1s -11 JOB # 0322 xcw a9ncTC T9R emr m WTG f]D)T4N. COVERED TERRACE ADDITION o G) O O (D O [Elm -1 WB I ' oa131 R. Gol ------------ - - - - -- I a'- CWN• -2•N 12.50 Sp. R. MDY STIA:1:0 WE GENERAL CONTRACTOR SHALL VERNT ALL DIMENSIONS. DRAWINOS AND SPECIFICATION REODHtdENTS WIOI E %ISTING CONDRIOILS IN THE RFD ANG BRING ANY p REPANCIE, ro THE ARCHIIE S ATTENTION BEFORE PROCEEDING WRN THE WORN. DO HOT SCALE DRAWING. ALL DIMENSIONS SUPERSEDE ANY GRAPHIC REPRESENTATION. ALL CONSTRUCIgN ro BE ACCORDING ro CURRENT VOCAL CODES: FBC 2001 WITH FBC 2008 REVISIONS. ,2EV. ,106' NN9 N D90R EXISTING EAST ELEVATION (MAIN HOUSE) SCALE: ,�.• _ ,' -0• WINDOW AND DOOR SQUARE RMTAGE......222.5 = 2S.SAX WALL SQUARE FOGTAGE......945.0 = 10OR Ifl11519,RCR5 m MATCH DPR,INP (1YP.) PROPOSED EAST ELEVATION (MAIN HOUSE) WINDOW ANO 0008 SQUARE FOOTAGE..._.161.2 = 11.1% WALL SQUARE FOOTAGE...... 645.0 = 100% �M CIE a �m W v a_ �C t� x� z Q w C-) za z J o 00 LL- -o w o 1 Q W z Li ry N O I1 °� � J M M /�^^ V STUCCO AS RFDOX6C m dSiMG (TYP.j LLY. Tar N9,y I$ REVISIONS: EFR0P0sm F� Q 1 A A NOTES REPAIR ROOF. a' - REPLACE EXISTING WINDOWS AND DOORS WITH NEW HURRICANE IMPACT DOORS AND WINDOWS. (TTP) JUN y y' Iry /� 1� /5 �� - PAINT ENTIRE STRUCTURE TO MATCH EXISTING. J U 7N L U 2l0 Town of C)a,f Strexn, FL SHEET NUMBER: A4 DATE: 06 -15 -11 JOB # 0322 N[W I—SILL(m.) SNNITE�6 m Wic9 EX6iING (Irv.) THE GENERAL CONTRACrON SHALL VERIFY ALL OINENSIONS. DRAWINGS ANO SPECIFICAI WN EYEN45 WIIN EKUTfNp CONp010NM NI THE FIElO AND BRING ANT OISCRFPANCIES TO THE ARCHITECTS ATTENNON BEFORE DO NOT SCALE DR THE WORK. RE NOT SCALE DRAWING. ALL DIMENSIONS SUPERSEDE AM CIUPHK: REPRESEMATNNI. ALL C0161RUCEKIN TO BE ACCQROING TO CURREIR LIMA- CUM: M 3007 WRH FBC 3009 REVISKINS. EXISTING WEST ELEVATION (MAIN HOUSE) WINDOW AND DOOR SQUARE FOOTAGE —...1, 6.,, =11.412 WALL SQUARE i00TA0L....949.0G v 100% PROPOSED WEST ELEVATION (MAIN HOUSE) W,NDOW ANU DOOR SQUARE FOOTAGE — ...949.3, z 130% WALL SQUARE FOOTAGE......949.00 .1= JUN 2 0 2011 Town Of Guff Strum, FL N, g„ CIE �m P; �6 LL f FW- W � C N x� � N yim &n +J V Z W 0 Z Q � W 0 0 � L O W /''0/ 0 ry � /LL 0 W M 86 [_ REVISIONS: 0 SHEET NUMBER: A5 DATE: 06 -15 -11 JOB # 0322 - -_ -. -- _...! - -IT to BF.UI � EuV. TAO' x h \ e•- e•wa• -a•x ,6W 90. R. \ i �3AE 3E R x i I j I 1• ]71 M R GCX 1350. R I I � R �' ' a•- 9•W.s•�•x ,177 S0. R. GCN a9FEUE WAU UNES r -B•r T• r�•Wa• -wx 4]90!0. 39.0E � � I I r- eva• -o•x ,290 >Q R. .. oRxawAwAU UNE I I I rnGPOUarrawoR� aaoxu- Au uNE M. ADOOgN ssnmcrn .nnmw J 1 T P " `PROPOSEO� rM...3fucw A gxREO m - — — - .......,...z PROPOSED WEST ELEVATION (MAIN HOUSE) W,NDOW ANU DOOR SQUARE FOOTAGE — ...949.3, z 130% WALL SQUARE FOOTAGE......949.00 .1= JUN 2 0 2011 Town Of Guff Strum, FL N, g„ CIE �m P; �6 LL f FW- W � C N x� � N yim &n +J V Z W 0 Z Q � W 0 0 � L O W /''0/ 0 ry � /LL 0 W M 86 [_ REVISIONS: 0 SHEET NUMBER: A5 DATE: 06 -15 -11 JOB # 0322 THE GENERAL CONTRACTOR SMALL VER1T ALL DIMENSIONS, 0IAWIN6 AND SPECNTCATION REpUIREMENTS WON E10STING CONDITIONS IN THE FKLp AND BRING ANY DISCREPANCIES TO THE ARCHITECT'S ATTENTION REPORE PR0CEFDNIG WRH 1HE WORK. DO NOT SCALE DRAWINO. ALL DIMENSIONS SUPERSEDE ANY GRAPHIC REPRESENTATION. ALL CONSTRUCTION TO BE ACCORDING TO CURRENT LOCAL CODES: FRC 2007 WITH M 2009 RINTMONS, EXISTING NORTH ELEVATION (.Al. HousE) WINDOW AND DOOR SOUARE MT"E......226.St a 26.271{ WALL SOUARE F00TA0E......67O.O NEW S1UCC0 AHO PNNr TO Wm1 J ms,1N6 PROPOSED NORTH ELEVATION (MAIN HOUSE) SCALE. 1 /t• I 0• WINDOW AHD DOOR SOWRE IOOTAGE. ..... 111.2. WALL SOVARE F00TACE.....R OD a f 00% NOTES - REPAIR ROOF. - REPLACE EXISTING WINDOWS AND DOORS WRH NE]y [yj Erb ��� HURflICANE IMPACT DOORS AND WINDOWS. (TYP) T[I'Tfl iID `7N YW_ - PAINT ENTIRE STRUCTURE TO MATCH EXISTING. ti JUN 2 0 2011 Town of Gulf Stream, FL oM cli W m `a F- r p. <3° <a„ M, 0 z Q Li o �_ z zao w -I I on I, w p a W Z ry O LL. v / J M M REVISIONS: 0 0 0 SHEET NUMBER: A6 DATE: 06 -15 -11 JOB # 0322 - DEV. 1106'M0VD � j \� 2'- 1114• -0'H 160!0. R. 160!0. rrJi1g1 \ �' A -0'Wd -CN S.0 S0. FT.F 11 �\ i t! S0. R. FAOI 1 -0•R1' -O•H 1l.W S6 fr. .0 % GRicrXAL WALL IME f115NCCD.W0 PNIrt iGW g611ML Div. TAO• HOM I I I I I I '- 'Wa5' -D•H r -0•we' -o•xli 1 - !L'IB_Nil tib lO. R. 510056 R. LlI 50. I I I I I I I — -_ PROPOSED r.T1A0R DLV. EW SxUT,FRS ro wi,O1 PROPOSED AODIMN .,.... •..M- _.. ,�. NEW S1UCC0 AHO PNNr TO Wm1 J ms,1N6 PROPOSED NORTH ELEVATION (MAIN HOUSE) SCALE. 1 /t• I 0• WINDOW AHD DOOR SOWRE IOOTAGE. ..... 111.2. WALL SOVARE F00TACE.....R OD a f 00% NOTES - REPAIR ROOF. - REPLACE EXISTING WINDOWS AND DOORS WRH NE]y [yj Erb ��� HURflICANE IMPACT DOORS AND WINDOWS. (TYP) T[I'Tfl iID `7N YW_ - PAINT ENTIRE STRUCTURE TO MATCH EXISTING. ti JUN 2 0 2011 Town of Gulf Stream, FL oM cli W m `a F- r p. <3° <a„ M, 0 z Q Li o �_ z zao w -I I on I, w p a W Z ry O LL. v / J M M REVISIONS: 0 0 0 SHEET NUMBER: A6 DATE: 06 -15 -11 JOB # 0322 THE GENERAL CONIpACIDq 514LL VERIFY ALL DIMENSIONS, ORAWMDS AMp SPECIF1CATpN REWIREYEXiS WRH E%ISTINO CONOITN)NS IN THE EIELD AND RRING ANT PEPANCIES TO THE ARCHITE S ATTENTION BEFORE PROCEE DO SCALE ADRA DR THE WORK. NOT SCAWING ALL DIMENSIONS SUPERSEDE ANY GRAPHIC ALL CONSIRUCTION TO BE ACCORCING TO CURRENT LOCAL CODES: FRC 2007 MTN FRC 2009 REVISIONS. OEXISTING SOUTH ELEVATION (MAIN HOUSE) WINDOW AMD DOOR SWARE FOO......1TI d2 = 19.]SX WALL SpWRE f00fA0E.....d]0.0 = 100X NEW fdIY1lJ 'IF TKE gOGi TO WHQ OgsIDUG. NEW pTUEDD — I—) PROPOSED SOUTH ELEVATION (MAIN HOUSE) SCALE: , /.•_,-0• WINOOW AND DOOR SQUARE FOOTAGE..... 32 T.] - 25.7X WALL SQUARE FDOTAGE._J]0.D = I WX NOTES AAU���� � �CR� REPAIR ROOF. - REPLACE EXISTING WINDOWS AND DOORS WITH NE*% R E C E 1 tl // ; � V HURRICANE IMPACT DOORS AND WINDOWS.(TYP) - PAINT ENTIRE STRUCTURE TO MATCH EXISTINC. JUG! 2 0 2011 Tovin of Gu,f Stream, FL C, CIE W Z — a W IL U H� 2 r 3 :D Y (Atm rcn +J nH Awl VA W 0 () Z Z Q � W � p � Q W Q ry O o Q� 0 M M REVISIONS: A A A 0 SHEET NUMBER: A7 DATE: 06 -15 -11 JOB If 0322 N IN PROPOSED FIRST FLOOR PLAN (GARAGE - PENTHOUSE) WE SCAU.- 1/4" - 1'-0- S WITH NEW E AND DOORS :AL) 1 REPLACE QISINq W/ NON EX SPECIHGTION REOl111EE.-r WRH IXISTIN6 CONDRIONS IN THE PG1D ANTI GRIND ANY OI RERAN TO THE ARdiffE E ATTENTION BEFORE PROCEEDING WON TI1E WORN. IY_PACT_SOEJp gAfS ION IMPACT DOUSLE % cKrr xr HEN a INTERIOR MNDOW TCN MWING ARVUNO DOSDFG NO Dw'nS� v I RED p9 OK a t 2 rd MOVE BIDE LIVING ROOM. ^PAINT QsONG v •- ew.r -0•x TOWEL BARS - REPAIR CEILING CRACKS. PATCH AND PAINT AS p): NEW RANGE AN BATH IO RD SLAB DOORS. KEEP ALL INTERIOR DOOR HARDWAREey.�� WU1M H Or REFRIGERATOR W EXISTING LOCATION BA - PAINT EXISTING <3n JUN 2 0 2011 REPLACE EXISTING. CABINETS (TTP). I � ' O er' JOB # I I 1 I nr �Tl \ rd uullnmmiim -A rd —NEW TRAY CEB1N0._.— 7NI LIVING ROOM VOA � WTR REPLACE QISINq W/ NON EX SPECIHGTION REOl111EE.-r WRH IXISTIN6 CONDRIONS IN THE PG1D ANTI GRIND ANY OI RERAN TO THE ARdiffE E ATTENTION BEFORE PROCEEDING WON TI1E WORN. IY_PACT_SOEJp gAfS ION IMPACT DOUSLE L l INTERIOR MNDOW TCN MWING ARVUNO DOSDFG NO Dw'nS� DR. BWEM UP AS REMAIN RED LFAVE EXISTING PoRCX FAN a t 2 rd PORCH vll( iv BEDROOM qt. M. B' -a• THE GENERAL CONTRACTOR SHALL SHAM ALL ONIENS10NI DRAWINGS AND n EX SPECIHGTION REOl111EE.-r WRH IXISTIN6 CONDRIONS IN THE PG1D ANTI GRIND ANY OI RERAN TO THE ARdiffE E ATTENTION BEFORE PROCEEDING WON TI1E WORN. Q DO NOT SCALE DRAWING. ALL DIMENSIONS SUPERSEDE ANY GRAPHIC REPRESEIOATION. n ALL CONSTRUCTION TO BE ACCORDING TO CURRENT LOCAL _ U CODES: FRO 2007 WITH EBC 2008 REVISIONS, � yS Nei rd aG. M. W -a• W I 2 `a LIVING ROOM. ^PAINT QsONG v •- ew.r -0•x d - REPAIR CEILING CRACKS. PATCH AND PAINT AS REQUIRED. - ALL HOLLOW CORE DOORS BE REPLACED W/ SOLID C IO RD SLAB DOORS. KEEP ALL INTERIOR DOOR HARDWAREey.�� WU1M H B ADOEO S'TROCIIHRE W - PORCH REMAINS NON- AIRCONDITIONED. <3n JUN 2 0 2011 DATE: I � Him JOB # I I 1 I nr - a•W.4• -2•N f' aw.a• -Yx rY xi fT. r..— ..— .. —..__. - NEW HURRICANE IMPACT DOORS d WINDOWS (TYPICAL). CLOSET - PAINT EXISTING MEDICINE CABINETS. c- M. W -P BATH '- aw.a' -o•x I rd aG. M. W -a• I LIVING ROOM. ^PAINT QsONG v •- ew.r -0•x _ 2Y - REPAIR CEILING CRACKS. PATCH AND PAINT AS REQUIRED. - ALL HOLLOW CORE DOORS BE REPLACED W/ SOLID SHEET NUMBER: BEDROOM a•�w.a• -a•x 1za'ro. Fr. REPLACE EIEISTINO "DOW WITH NEW HURRICANE IMPACT WINDOWS AND ODORS W DIETING OPENINGS (TYPICAL) IN amm —was (TTP ) IN PROPOSED SECOND FLOOR PLAN (GARAGE-PENTHOUSE) W E SCALE yr = I 0 S Z Li 0 Z Z Q LL- W L LLJ O </'�/ LLJ O L.1— 2Z LL �11 J 0w M 8d REVISIONS: A GENERAL NOTES - NEW HURRICANE IMPACT DOORS d WINDOWS (TYPICAL). - PAINT EXISTING MEDICINE CABINETS. - REPLACE ALL BATH AND KITCHEN LIGHT FIXTURES IN EXISTING LOCATIONS. - ADD STANDARD SINGLE CROWN MOULDING IN BEDROOMS. - ADD CROWN MOULDINGS O LOWER AND UPPER TRAY IN LIVING ROOM. - ALL CLOSER REMAIN AS IS, PAINT AS REQUIRED. - REPAIR CEILING CRACKS. PATCH AND PAINT AS REQUIRED. - ALL HOLLOW CORE DOORS BE REPLACED W/ SOLID SHEET NUMBER: IO RD SLAB DOORS. KEEP ALL INTERIOR DOOR HARDWAREey.�� wee - ENT 0E OR REPLACE BATH FAUCETS, VERI 'W� E C E' V E D CUENT O ERE. v - PORCH REMAINS NON- AIRCONDITIONED. JUN 2 0 2011 DATE: 06 -15 -11 JOB # tIl CE,iif S:r'c.- ,,i;�l FL 1 0352 1,V.vn o ROOF PLAN (GARAGE— PENTHOUSE) S OREC cIVi-al)o JUN 2 0 2011 To.pm of G ulf S;reem, FL a �N =a sa CL - +n =a sae e NQ� 0 CD z Q w o n U z ry Z Q O w J C) w� O Q w Z ry O � C/-) m ro � O REVISIONS: A A 0 SHEET NUMBER: A9 DATE: OB -,5 -11 JOB # 0322 EXISTING EAST ELEVATION (GARAGE - PENTHOUSE) scut , /.• =,• -o• WINDOW AND DOOR SQUARE FOOTAGE-...I OR.7 a 14.M WALL SQUARE FOOTAOE.- .735.0 -100% 1 PROPOSED EAST ELEVATION (GARAGE - PENTHOUSE) WINDOW AND DOOR SQUARE FQUTA -..105.0 . 15.0% WAU SQUARE FOOTAGE..... 701.25 : 100N b� oRECE -Ma JUN 2 0 2011 7u�rtn of G-WIf S ftprvi, FL oM r. „ a. a ��N W Z a W a • U�3t CN �3e IY/,im v� CJ Z W � Z Z Q W Fn LLJ O w ry co 2Z J � J 0 p M r4') Id REVISIONS: A A 0 0 SHEET NUMBER: A10 DATE: 06 -15 -11 JOB # 0352 1 1 ME F-I F-I CEXISTING WEST ELEVATION (GARAGE - PENTHOUSE) Scut: 1p• = P-Q• WINDOW AND DOOR SQUARE FOOTAGE..... 105.b 1,..7x (N071NC1L01N0 GARAGE DOORS) WINDOW AND DOOR SQUARE FOOTAGE. 290.71 = 59.Wx (INCLUVW GARAGE DOORS) WALL SQUARE FOOTAGE..... 729.0 a 100x WAR M QULE 9DDF lD WTCH Fl4iWG (mJ Tw asss.ar xcuo h ' 9EPUC ROIIEn W000 901xc W/ ^ YrJ� aw � 1 iNE dw9x IOd1�i0. 1f' N FIEJ- a s gym" �n CL . Ut W y�j H 2 � �3e Nn &n N w xt H 7' Z Q W M C N O LLJ O w Z LL O p w CD m M r REVISIONS: L� PROPOSED WEST ELEVATION (GARAGE - PENTHOUSE) a R EC C I V;—a Cp iD SHEET NUMBER: WWTND- AND DG II SQ�UAARRE FGGCTAGL....]B9s = b ( XCTwaI cd wAC QUOpSQU) �) J � h 7 {J All WALL SQUARE FOOTAGE 701M =IDGx DATE: C 's.a TJ>.Fln oI t .S G) !f lrm, FL JOB # 06 -15 -11 0352 ruiROw EXISTING NORTH ELEVATION (GARAGE — PENTHOUSE) WINDDW AND DDDR SQUARE F0DTAGE.....111. 91 . 14!19 WALL SQUARE FQOTAGE.....749.1 - IDOX TO WTGN ::STING X", GAL PROPOSED NORTH ELEVATION (GARAGE- PENTHOUS R E C E IV ;: WIN DaW AND Wa SQUARE iQOTAQE. ....91.]3 = IW X JUN 2 0 2011 WALL SQUARE F TAGE.....AI M = 13.1 < M Clio� W x 5° a. +r �N =a U3e e <a� y < e 0w V Z W U Z J Z Q W O wLLJ O Z L~ C/) r J O/'�/ o � C REVISIONS: 0 SHEET NUMBER: Al2 DATE: 06 -15 -11 JOB k 0352 NINO 1111 GAL PROPOSED NORTH ELEVATION (GARAGE- PENTHOUS R E C E IV ;: WIN DaW AND Wa SQUARE iQOTAQE. ....91.]3 = IW X JUN 2 0 2011 WALL SQUARE F TAGE.....AI M = 13.1 < M Clio� W x 5° a. +r �N =a U3e e <a� y < e 0w V Z W U Z J Z Q W O wLLJ O Z L~ C/) r J O/'�/ o � C REVISIONS: 0 SHEET NUMBER: Al2 DATE: 06 -15 -11 JOB k 0352 C ��ISTING SOUTH ELEVATION (GARAGE - PENTHOUSE) SLATE: 1/4' . I' -D' WINDOW AND DOOR SOI FDOTAOE......111.94 a 14.04X WALL SOIIARE FDDIAGE......749.1 = 100% l PROPOSED SOUTH ELEVATION (GARAGE - PENTHOUSE) WINDOW AND DOOR SO IWS FOOTAGL.._101.4 = 17AX WALL SQUARE FODTAGL...lSOA = 1 DOX 9RINAL - -. —.. ra . 14.Ir NPAII.IT OF -T aoaF �f T 1. _.__ Fur. e.4e• Nwv .Anon ¢tvAtlon Y < N, o^ a �u Z<W J 1 a . s> �3e « Y N < m v1Oi +J n� V Z W C) Z Z Q LL i _I 0 V) O LLJ w O Z li LPL. 00 m REVISIONS: A A 0 Z\ *ECE'VZDQ SHEET NUMBER: JUN 2 0 2011 A13 Tv.un of C1:,f .^`:f:1 FiIA FL DATE: 06 -15 -11 JOB 0352 L ME GRREPoRNERAL CDNTRACTGR SHALL VI LCDpINNEpIN�S N SI THE IlOS ANO SI`EC PROCEIDN r IN TIIE�M'O�RILES TOT E ARCIHIECi'S AT�TEMIO BEFOK DO NOT SCALE DRAWING. ALL DINENSIGNS SUPERSEDE ANY GRAPHIC REPR6ENTATNNi. ALL CCXSTRUCRGN M GE ACCDRDING M CURRENT LOCAL CODES: EGC 2W7 WRH EHC —1 REVISIDW. ITE PLAN D• JUN 2 0 2011 Town of Gulf Slre3m, FL D 2„ a � b W Z i 3 IL • f n rt U H EE�D3e Yam LYI < Y ^ N ♦.1 M V Z Q Q W U Q ry Z O W O W O w Z LL n- O o � w I M r�n C� REVISIONS: SHEET NUMBER: Exl DATE: 06 -15 -11 JOB # 0322 IG —. si Nr.e ss• AW AWNING cEHERAL NOTE: THE GENERAL CON CIR SHALL VERIFY ALL DIMENSIONS. DRAWRIW AND SPECIFK:ATWN REQUIREMENTS WNH ETOSDNG CONOIIIOHS NI THE FIELD AND BRING ANY DISCREPANCIES TO THE ARCHHE S ATTENTION BEFORE PROCEEDING WITH THE WORK. DO NOT 'LE DRAWING. ALL DIMENSIONS SUPERSEDE ANY GRAPHIC REPRESEMATION. L CONSTRUCTWN TO BE ACCORDING TO CURRENT LOCAL DES: FHC 2007 WITH FIX 2008 REVISIONS. W PLAN (MAIN HOUSE) JUN 2 0 2011 rm of Gulf Stream, FL O M a �<N W 3 Z Z < CL H r W � H N 2 i �3n N < u :n n, V z Q w p U Z Of `z Q O C) p LL- — O w O Q w zLL. Elf U) O p M M :D 0 REVISIONS: 0 SHEET NUMBER: Ex2 DATE: 06 -15 -11 JOB # 0120 `►. GENERAL ND THE GENERAL CONTRACTOR SHALL VERITY ALL DIMENSIONS, DRAWINGS AND SPECIFICATION REQUIREMENTS WITH EYISTING CONDITIONS IN THE FIELD AND BRING ANY DISCREPANCIES N THE ARCHITECT'S ATTENTION BEFORE PROCEEDING WITH THEW RK. DO NOT SCALE DRAWING. ALL DIMENSIONS SUPERSEDE ANY GRAPHIC REPRESENTATON. ALL CONSTRUCTION TO BE ACCORDING TO CURRENT LOCAL CODES: FBC 1007 WITH FHC 1008 REVISIONS, (MAIN HOUSE) JUN 2 0 2011 7o qn of Gulf S;ream, FL t M O 'O CIE I b h i3 5a a - =a t?e Y c N � e O NJ V Z W IC) U z ry z Q O w 0 o w O w O of 3�: Q Z � w a� O o 1 cl� J M M D �J REVISIONS: A SHEET NUMBER: Ex3 DATE: 06 -15 -11 JOB # 0322 N EXISTING FIRST FLOOR PLAN (GARAGE — PENTHOUSE) W E SCALE: , /A• : ,' -0- S i SNL xr. a AY ARxrR THE GENERAL CONTRACTOR SHALL VERIT ALL 01HENSMS, ORAWIHGS AND SPECITtcAmN REWNiFLE11I5 N1TH EIOSTING LONDIRONS IN THE FIELD AND BRING AMY REPANCIES TD THE ARCHIIF S ATTENDON NETORE PROCEEDING WITH THE WORK. DO HOT SCALE DRAWING. ALL DIYENWNS SUPERSEDE ANT GRAPHIC REPRESENTAHON. ALL CONSTRUCTNNI TG BE ACCORDING TO CURRENT LOLL CODES: ERC 1007 WTTN MC 3 REVISIGMS, N EXISTING SECOND FLOOR PLAN (GARAGE — PENTHOUSE) W Estee, /.•r0 S 4a RECEQV%-4- DQ JUN 2 0 2011 Town of Gulf Sire =, FL < n O H CIE W 3 Z Z< �a 6 - +�' Uww E C� S t �3e n N <1O• 0 Z W Z Z JQ W CC 0 C L N 0 0 w � 2Z Li r NON p c /^ i. 0 W REVISIONS: A SHEET NUMBER: Ex4 DATE: 06 -15 -11 JOB # 0352 N EXISTING ROOF PLAN (GARAGE - PENTHOUSE) S &RECEIV*4 -D,a JUN z o 2011 Town of Gullf Slf,!3m, � F-L Clia �e Sa a- +N r� W N r - =s �3e « m «y N N a ¢ue U z Q w U z CK Z 10 W J p ° LL- - O w O Q Ld Z LL. Q:� cn O ° m M CD REVISIONS: A 0 0 0 SHEET NUMBER: Ex5 DATE: 06 -15 -11 JOB # 0322 C C Q 2 © COPYRIGHT 2011 OBRIEN, SU/TER & OWN, INC. 0 It Ec' ElIvrioe, JUN 2 0 2011 To in of Gulf S°ranam, FL r l LEGEM' F - CENmim COAL - CO&CTETE /A - 518- RON ROD WITH CAP ,OILS 353 AID - NALL & AS+I AB MJ WA(- WA TER AFTER ®� WALL - . - - OVE %EAD UTLITY LPES FLOW ZONE' A5 (EL 7) +4.31 - ELEVA7,7 N RASED OV NATKMLL4L GE00E77C VERTICAL OATULI 9291 SaRCE- GEa0GC4L SLRVEY BEACH U4W DESCRPnom LOT n D FTWOOD LAACM ACCORXG TO PLE PLAT TFEWCW� AS RECC1900 N FLAT BOOK JQ PACES 231 AND 232 OF 7fE RELIC RECORDS W PALM BEACH COLNTY, FLORIDA. MAP OF BOUNDARY S YEY I W"Y CS WY WT P45 "G FY WAS MADE ULER MY mEilai4k p4t46F� AM LEM W IOIIMw TEOMAL SrM.MMDS AS SfT FL1PiKBY TFE OoA Sam O FRW°FSSWN/L SLINEYOS AM MAPPERS w LNAPiER SJ- OBIT AaMSIRA7Ar C= MI AM To SECFM 171017, FLOW/ STA =__ . ah IM'A A SURVEYOR &" MAPPER #5708 O'BRIEN, SSRU1TER & O'BRIEN, INC. LAND SURVEYORS CERT/FlCATE OF AUTNOWZAT/ON ABJ5J SURVEYOR AAV MAPPER w RESPONSIBLE CHA • PALL D. ENOLE 955 N W. 17TH AVEFA/f, SUTE N -4 DELRAY BEAC9 FLORIDA M445 (56I) 276 -430, 7J2 -3179 FAX 276 -2390 mm Cf mow' ftwsm J /11- AMED E1EYAI,W'�6 SCILE• FEBRUARY 9, 2011 6Et•L2a P - A0.'E'D coT. 1" — 20L 'E1060GW M4EM (MLR A4 O-W 51 P-06W MEMORANDUM TO: William Thrasher Town Manager FROM: Marty R.A. Minor, AICP DATE: May 10, 2011 RE: BROWN RESIDENCE REVIEW urban design kilday 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 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 H: \JOBS \Gulf Stream 94- 012 \Brown Residence \Brown Residence Review Memorandum.doc 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. Rita Taylor From: Bill Thrasher Sent: Friday, June 10, 2011 11:21 AM To: Rita Taylor Subject: FW: Town of Gulf Stream - Brown Residence Importance: High Let us discuss - - - -- Original Message---- - From: Randolph, John C. [mailto:jrandolph @jones- foster.com] Sent: Thursday, June 09, 2011 4:22 PM To: 'Marty Minor' Cc: Bill Thrasher Subject: RE: Town of Gulf Stream - Brown Residence Marty, Thank you for your response to my email and your comments. I have no argument with your analysis. I think there is also an argument to be made, based upon the wording of 70 -126, that because windows are considered integral items in the design and because the windows proposed are a design element listed as prohibited, that a special exception may be considered in the rehabilitated design to allow for the prohibited design element by way of special exception. This interpretation is obviously a more liberal interpretation than either you or Bill would give to this section, but it would at least give the applicant an opportunity to have this matter considered by ARPB which would then make the decision as to whether to allow the change or not. I am not here to make the case for the applicant and if you and Bill feel strongly about your interpretation in regard to this matter, I will simply advise the applicant that they have the ability to file an appeal of the decision of the administrative official in regard to this matter. Please let me hear from each of you in regard to this matter so I can advise the applicant how to proceed. Thank you. John C. Randolph Attorney Direct: 561 - 650 -0458 Fax: 561 - 650 -0465 jrandolph @jones - foster.com Jones, Foster, Johnston & Stubbs, P.A. Attorneys & Counselors 505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401 Telephone: 561 - 659 -3000 Website U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. - - - -- Original Message 1 From: Ia�rty Minor [mailto:MMinor @udkstudios.com] Sent: Thursday, June 09, 2011 9:52 AM To: Randolph, John C. Subject: RE: Town of Gulf Stream - Brown Residence Skip, Valid points and I would be able to agree if the architect was going with the same prohibited style of window which currently exists on the house. Currently, the house has a majority of jalousie windows - with some "picture" or large undivided windows. However, in my opinion, the jalousie windows are the predominant window style for the existing home. The architect is proposing replacing all the jalousie windows with undivided windows larger than the 4 s.f. that is preferred style. If the architect was proposing adding or rehabbing jalousie windows with more jalousie windows, then I believe Section 70 -126 would apply and a Special Exception would be appropriate. However, the small number of large undivided windows within the existing structure does not, in my opinion, rise to the "integral" standard in the first sentence of Section 70 -126 that would allow, by Special Exception, the addition of more larger, undivided windows. Thank you and let me know if you have any questions /comments. marty Marty R.A. Minor, AICP Urban Design Kilday Studios The Offices at City Place North 477 South Rosemary Avenue, Suite 225 West Palm Beach, Florida 33401 -5758 561 - 366 -1100 - - - -- Original Message---- - From: Randolph, John C. [mailto:jrandolph @jones- foster.com] Sent: Wednesday, June 08, 2011 4:26 PM To: Marty Minor Subject: Town of Gulf Stream - Brown Residence Marty, I have had additional conversations with Mark Marsh the architect and Tom Murphy the attorney in regard to the issue of the Brown house. We discussed Section 70 -126 of the code relating to this matter. They point out, and it appears to me they are correct, that the Browns would have the opportunity to use this section to modify the windows, as opposed to seeking a variance for a prohibited element. It seems to me the prohibited elements deal with new houses and that this section deals with additions and rehabilitations. Please let me know if you agree or disagree with me. If you disagree with me, please advise as to the area of disagreement. They are anxious to hear from us in regard to this matter so they can move forward with their application. Thank you. JOHN C. RANDOLPH John C. Randolph Attorney Direct: 561 - 650 -0458 Fax: 561 - 650 -0465 jrandolph @jones- foster.com Jones, Foster, Johnston & Stubbs, P.A. Attorneys & Counselors 505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401 Telephone: 561 - 659 -3000 Website U.S. Treasury Regulation Circular 230 requires us to advise you that written 2 communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 3 Page 1 of 2 Rita Taylor From: Bill Thrasher Sent: Tuesday, May 17, 2011 2:23 PM To: Rita Taylor Subject: FW: Brown Residence Review Memorandum From: Marty Minor [mailto:MMinor @udkstudios.com] Sent: Monday, May 16, 20115:11 PM To: 'Randolph, John C.' Cc: Bill Thrasher Subject: RE: Brown Residence Review Memorandum John, As always, excellent question. If the architect was not proposing a Prohibited design element (a majority of large undivided windows), then I would say the review process would be a Level 2 Site Plan, where the administrator would make a recommendation to the ARPB for its consideration. However, because the design element is Prohibited, I believe it would require a Variance to approve the project. According to Section 70 -4 (c) and (c)(4), the terms "required" and "prohibited" are mandatory, while the terms "preferred" and "discouraged" are discretionary. Also, subsection (c)(4)c. states that the "use of prohibited elements mandates project denial." As "prohibited" is a mandatory term that requires the denial of the project, then the Variance would be the only process available for the applicant who did not wish to change her plans. If the plans were adjusted to eliminate the "prohibited" aspects, then the application could be processed through the ARPB as a Level 2 site plan. This is how I am viewing the processing of the request. Please let me know if you disagree or I have missed something. Thank you, ma rty Marty R.A. Minor, AICP Urban Design Kilday Studios The Offices at City Place North 477 South Rosemary Avenue, Suite 225 West Palm Beach, Florida 33401 -5758 561 - 366 -1100 From: Randolph, John C. [mailto:jrandolph @jones - foster.com] Sent: Monday, May 16, 20114:19 PM To: Marty Minor Cc: 'Bill Thrasher' (bthrasher @gulf - stream.org) Subject: Brown Residence Review Memorandum 5/17/2011 Page 2 of 2 Ma rty, I have reviewed your memorandum to Bill Thrasher regarding the Brown Residence Review. I note that one of your recommendations is that the applicant revise its application and drawings to reflect the preferred design element for windows within in the Town. The architect for the project has contacted me and advised that her client does not wish to revise the application but would like to have the matter reviewed by the ARPB. I am assuming that the applicant, under the code, has the opportunity to appeal the decision of the administrative official in regard to his interpretation of the code. Beyond that, do you find that the code would require any kind of a variance, particularly in regard to the prohibited items, or is that something that can be dealt with simply by the ARPB? Please advise as to your opinion in this regard. Thank you. JOHN C. RANDOLPH John C. Randolph Attorney Direct: 561 - 650 -0458 Fax: 561 - 650 -0465 0randolph @ Tones- foster.com Jones, Foster, Johnston & Stubbs, P.A. Attorneys & Counselors 505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401 Telephone: 561 - 659 -3000 Website U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 5/17/2011 561- 737 -0188 Town of Gulfstream COMMISSIONERS WILLIAM R NOGII, JR. Mayor JOAN K. ORTHWEIR, Vice Mayor FRED 0. DEVITT III CHRIS 0. WHEELER MURIEL J. ANDERSON BEACH TOWN OF GULF STREAM PALm COUNTY, •- r• AGENT AFFIDAVIT STATE OF -Ff:!eRTW� N&v raj-' COUNTY OF RAI✓IVF -B ) TOWN OF GLG- F- 9TIt5AMfV-X- 11:28:12(. .. OS -12 I ���'C�t�jil�D� JUN Town 1':;E ��resm, F Tetephmw (661) 276.6116 Fax (681) 737.0188 Town Manger WILLIAM H.TNRAS'. ToWn Clerk RrrA LTAYLOR BEFORE ME THIS DAY PERSONALLY APPEARED (Owner) 1`\/ IL L- f)NS 110 ✓r�1 WHO BEING DULY SWORN, DEPOSES AND SAYS: 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 TEE TOWN OF GULF STREAM. THE SUBJECT PROPERTY IS LEGALLY DESCRIBED AS FOLLOWS: Lot 11, Dr twool According to the plat thereof, as recorded in plat book 30, page, of the public records of Palm Beach County, Florida AGENT'S(S) NAME: Thomas N. Murphy, Jr. COMPANY OR FIRM NAME: Dickensen, Murphy, Rex & Sloan, PA AGENT'S ADDRESS: 150 E. Palmetto Park Road, Suite 500 Boca Raton, FL 33432 AGENT'S PHONE: ( 561) 391 -1900 FURTHER AFFIANT SAYETH NOT. (Owner Signature) SWORN AND SUBSCRIBED BEFORE ME THIS 17' DAY Ojl� , 20L ��� (NO/RY PUBLIC) MY COMMISSION EXPIRES D IMICA N. P rO ZY PUBLIC, STAI QUALIFIED IN KIN 100 SEA ROAD, GULF STREAM, FLORIDA 33483 REG. #01PLE ,my com U(PIRI I Land: ; 231 OFNS LAW OFFICES a RECEIV#".-13® JUN 2 0 2011 DICKENSON MURPHY REX AND SLOAN ; otin of Gulf Stream, EL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS DICKENSON, REX & SLOAN, P.A. REAL PROPERTY LAW ESTATE PLANNING AND ADMINISTRATION BANK OF AMERICA BUILDING SECURITIES ARBITRATION AND LITIGATION 150 EAST PALMETTO PARK ROAD, SUITE 500 INVESTORS RIGHTS BOCA RATON, FLORIDA 33432 T.N. MURPHY, JR., P.A. CORPORATE LAW CIVIL LITIGATION DAVID B. DICKENSON 1 T.N. MURPHY, JR. ROBERT H. REX 2 BARBARA A. SLOAN 3 BLAINE C. DICKENSON 1 CERTIFIED IN REAL ESTATE BY THE FLORIDA BAR BOARD OF CERTIFICATION 2 MEMBER OF FLORIDA AND TEXAS BARS 3 MEMBER OF FLORIDA AND NORTH CAROLINA BARS June 17, 2011 Town of Gulf Stream ATTENTION: Rita RE: Application for Appeal / W. Lyons Brown Dear Rita: TELEPHONE (561) 391 -1900 PALM BEACH (561) 721 -2797 TELECOPIER (561) 391 - 1933 E -Mail: ddickensonedimrslaw.com bobrexadmrslaw.com bsloan(a)dmrslaw.com tmurohvCmdmrslaw.com bcdC@d1mrslaw.com The three neighbors who live 25' from the boundary of Mr. W. Lyons Brown's residence are: 1. Mr. & Mrs. James Terlizzi, 8 Driftwood Landing, Gulf Stream, Florida 33483 2. Martin Brown, 5214 Maryland Way, Suite 405, Brentwood, TN 37027 3. Flavia Milano, 4 Driftwood Landing, Gulf Stream, Florida 33483 Enclosed please find three self - addressed, stamped envelopes for your convenience. TNM:hg Sincerely, DICKENSON, MURPHY, REX & SLOAN . i FCEIVEDe Jul! 2 0 2011 Town of Gulf S'.ream, F1 :r THIS I "UMENT PREPARED BY: James L. ,90sen WYATT, T GRANT & COMBS, LLP 500 West Je e-r- rf Street, Suite 2800 Louisville, Kentu �, 40202 (502) 589 -5235 '& Florida Bar No. 52. Parcel ID Number: 20` ' 4,.,6-09-43-000-01 10 lD WARRANTY DEED III lull M1111011111111�1111�11�11 CFN 20110116475 OR BK 24445 PG 0999 RECORDED 04/06/2011 10:26:14 Pals Beach County, Florida AMT 10. 00 Doc Stamp 0.70 Sharon R. Bock,CLERK 8 COMPTROLLER Pgs 0999 - 1008; (lopgs) THIS INDENTURE e its � day of _ M , 2011, between SARA SHALLENBERGER BRO ( "Grantor "), having a mailing address of Ashbourne, Harrods Creek, Kerit c1Fy 40027, and W. L. LYONS BROWN, JR., married ("Grantee), having a mailing addres 70 Park Avenue, New York, New York 10021. ESSETH: 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 C ONWEALTH OF KENTUCKY ) -i^ ) :SS O - TY OF ) �Ik The foregoing instrument was acknowledged before me b W. L. Lyons Brown g g g Y Y , Jr., ��- Attgpey -in -Fact for Sara Shallenberger Brown, the Grantor, on behalf of said Sara Shaller er Brown, who is personally known to me or ,Uh^ hac nrnri„rPri (t)pe ni`anpnas4dantifxztion, on b i C 2011. r. , (!- Signature of Notary Public �s -7--,u Bey y (Print, ty63} stamp commissioned name of Notary Public.) My Commis expires: (SEAL) s, COMMONWEALTH OF KENTUCKY :SS COUNTY OF The foregoing ins".,R�t was acknowledged before me by Martin S. Brown, as Attorney -in -Fact for Sara Shallenber,�g_er Brown, the Grantor, on behalf of said Sara Shallenberger Brown, who is persopa y_'; own to me or who has produced (type of identification) as identification,; bar , 2011. Signature of Notary Public (Print, type or stamp commissioned name of Notary Public.) My Commission expires: (SEAL) 3 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. e Grantor does hereby fully warrant the title to said land, and will defend the same against CYIie J� ful claims of all persons whomsoever. >> �N TESTIMONY WHEREOF, Grantor has signed and sealed this instrument the day and }tsar" first above written. ,o 1?s Signed, sealed and delivered in the presence of the following two witnesses: WITNE*� � Signature: ; Printed: Signatu Printed: Signatu: 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 (fWa 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 Book24445 /Page1002 Page 4 of 10 Signatur . �j.'.. Printed: Signature: 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 (fWa 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 Book24445 /Page1002 Page 4 of 10 TH OF KENTUCKY OF :SS o � :-I m The foregoing instrument was acknowledged before me by W. L. Lyons Brown, Jr., �s Aqq;ney -in -Fact for Sara Shallenberger Brown, the Grantor, on behalf of said Sara Shaller gr Brown, who is personally known to me or who has produced (type of Y. entffication) as identification, on f Signature of Notary Public ( Print t yp stamp commissioned name of Notary Public.) My M .. '4r� —111 :SS COUNTY OF 2011. The foregoing instr �n� was acknowledged before me by Martin S Attorney -in -Fact for Sara Shallehe�, r Brown, the Grantor, on behalf of Shallenberger Brown, who is person441l ,pown to me or who has produced — (type of identification) as identificatiorli,C* —' 2011. �%u't7c l.e Signature of Notary Public (Print, type or stamp commissioned name of Notary Public.) My Commission expires ,%1tlttN11,0 it OR .. TENNESSEE NOTARY ,PUBLIC RD 1111111 % gonuar-, 19, zD15 Brown, as said Sara Book24445 /Page1003 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 We 1, claims of all persons whomsoever. -�?11 TESTIMONY WHEREOF, Grantor has signed and sealed this instrument the day and yea`r,first above written. Signed, sealed and delivered in the presence of the following two witnesses: WITNES .5 Signature: c_ Printed: Signatur Printed: Signature: Printed: `� l Signature: (� Printed: Signature: -r Printed: Signatu: Printed: Signature: Printed: Signature: Printed: 2 Book24445 /Page1004 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 Patin Beach County . C;C� �- By: Owsley Brown II, Attorney -in -Fact for Sara Shallenberger Brown KkcAc -lk 10 `Lv 11 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 6 of 10 COMMONWEALTH OF KENTUCKY _ ) :SS �C( TY OF J e � e rS d ) o The foregoing instrument was acknowledged before me by Owsley Brown, I1, as Atflgi )'%jin -Fact for Sara Shallenberger Brown, the Grantor, on behalf of said Sara Shalk&rgr Brown, who is personally known to me or- who has pr-edtteed on l44 r G, , 2011. v' (,? Signature of Notary Public (Print, i0or stamp commissioned name of Notary Public.) My Commas on expires: `mott "� 3 �, z. U / COMMONWEALTH COUNTY OF The foregoing (f/k/a Ina H. Brown), as Attc of said Sara Shallenberger (type of 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 t}) 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 tke'la ul claims of all persons whomsoever. ',.'�Q TESTIMONY WHEREOF, Grantor and ye kr! rst above written. has signed and sealed this instrument the day C jffjs Signed, sealed and delivered in the presence of the following two witnesses: WITNESS l Signatur Printed: Signatur Pri nted: Signature: _ Printed: -' Signature: Printed: Signature: Printed: Signature: Printed: Signature: 6.,,. A, Printed:_ /a < /tn t% . ,B OrW( Signature: Printed: h e M11,1 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 S TA--rff OF- P-1-01Q-16A OF 134 LM ) :SS `�! 0 The foregoing instrument was acknowledged before me by Owsley Brown, I1, as Att&!r , min -Fact for Sara Shallenber er Brown, the Grantor, on behalf of said Sara Shalle'n'bet�gr Brown, who is ersonally known o me or who has produced P (type of�tification) as identification, on 2011. Signature of Notary blic (Print, t�e or stamp commissioned name of Notary Public.) NOTARY PUBLIC- STA'rEOF FLORIDA Dolores J. Petrullo : Commission # DD991364 My Comml�sioh expires: � — 17 '•;�.` Expires: MAY 17, 2014 � BONDED THRU ATLANTIC BONDING C4, INC. SEAL s' ST'A F- 01✓ v�- S1r?.1 b A,-- P ) :ss � COUNTY OF _ (Fk/a Ina H. of said Sara 2011. The foregoing instr��}}n Brown), as Attorney -1r� Shallenberger Brown, (type of identifi nt was acknowledged before me by Ina H. Brown Bond act for Sara Shallenberger Brown, the Grantor, on behalf is ersonall know o me or who has produced t � as identification, on Signature of Notary &ic (Print, type or stamp commissioned name of Notary Public.) My Commission expires: - / 7 - V / ' f ^MY Pi: ALICSTATE OF FLORIDA (SEAL) „1 .Commission #D 99139 Expires: MAY 17, 2014 BONDED TNRU ATLA YrIC BONDING CO., INC. TITLE NOT CERTIFIED NO TITLE EXAMINATION REQUESTED AND NONE UNDERTAKEN Book24445 /Page1007 Page 9 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 VJ�''� 232, of the Public Records of Palm Beach County, Florida. o :­-To;- -T o gether with all the tenements, hereditaments and appurtenances belonging or in �(! ;anywise appertaining to that land, and any riparian rights belonging thereto. „ �xct to the Declaration of Restrictions recorded in Official Record Book 2341, pa e5s, 736 to 1741, Public Records of Palm Beach County, Florida, and all other res ns, reservations and easements of record, zoning and other governmental restn4lo>is imposed by governmental authority, and taxes subsequent to Decemr 1, 2010. ffp� BEING t me Property acquired by Sara Shallenberger Brown by Warranty Deed dated 6digust 16, 1974, recorded September 19, 1974, in Official Records Book 2351, P'J(`86, in the Public Records of Palm Beach County, Florida. V �,4 Property appraiser's parceli�etir� cation number of the property is: 20- 43- 46- 09 -43- 000 -0110. V 10367517.1 1 5 Book24445 /Page1008 Page 10 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 't wful claims of all persons whomsoever. '>0 IN TESTIMONY WHEREOF, Grantor has signed and sealed this instrument the day a d; f 6r first above written. 1. 0 WITNFS Signature: Amn, Printed: C I Signed, sealed and delivered in the presence of the following two witnesses: Signatui Printed: Signatui Printed: Signatui Printed: Signature: Printed: Signature: Printed: Signature: Printed: Signature: Printed: By: W. L. Wons Brown, Jr., Attomey -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 Book24445 /Page1000 Page 2 of 10 NOTICE OF APPEAL OF ADMINISTRAATIVE DECISION NOTICE IS HEREBY GIVEN that the Town Commission, sitting as the Board of Adjustment of the Town of Gulf Stream, will hold a Public Hearing on Friday, July 8, 2011 at 9:00 A.M., in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An Appeal of the Administrative Decision by the Town Manager that in order to allow replacement of existing non - conforming windows on structures located at 1 and 3 Driftwood Landing in Gulf Stream, Florida, legally described as Lot 11, Driftwood Landing Subdivision, with sizes and styles that are prohibited, would require application for and approval of a variance. This Appeal is presented by Thomas N. Murphy, Jr. as Agent for W. L. Lyons Brown, Jr., owner of the property described herein. The Town Commission, sitting as the Board of Adjustment, shall make a final decision regarding the subject application at the hearing noticed above. The hearing 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 Town Commission, sitting as the Board of Adjustment of the Town of Gulf Stream, at the time and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION, SITTING AS THE BOARD OF ADJUSTMENT, WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING, 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: June 21, 2011 TOWN OF GULF STREAM, FLORIDA 2'J't.X x rl­e�v Rita L. Taylor, IyNn Clerk