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HomeMy Public PortalAbout10/17/2003 * Case #CE-4-03 * WynneTOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 AFFIDAVIT OF COMPLIANCE OR NON - COMPLIANCE (circle one) CASE NO. CE -4 -03 DATE: 10 -17 -03 LOCATION OF VIOLATION: John W. and Barbara S. Wynne 1511 N. Ocean Blvd. Gulf Stream, Florida 33483 I, William Thrasher , have personally examined the property described above and (Town Official/Inspector) Find that said property is in compliance with Section(s) 66 -141 (21 fof the Code of the Town of Gulf tS�ream as of the 13th day of October , 20 03 Ef• Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 13th day of October 2003 by William Thrasher Town Official/Inspector, who is personally known to me or who has produced a Florida driver's license as identification who did/did not take an oath. (SEAL) v` °,�0j4 RITA L TAYLOR MY COMMISSION* OOI1N2J11 i 4P ?p, PD P. %PIRES'Febrmn 21. _'IMB f f)MINOTMY FLW yS�MS Bm ,g i,c NOTARY PUBLIC State of Florida The Law Office of Glen J. Torcivia and Associates, P.A. Northpoint Corporate Center 701 Northpoint Parkway Suite 209 West Palm Beach, Florida 33407 -1950 Glen J. Torcivia * Paulette Torcivia Lara Donlon ** *Also admitted in New York * *ALso admitted in Georgia October 14, 2003 Rita Taylor, Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Re: Code Enforcement Hearing October 10, 2003 Dear Rita: Telephone (561) 686 -8700 Telefax (561) 686 -8764 Email: Glen@torcivialaw.com Enclosed please find the Order for the Code Enforcement Hearing that was held on Friday, October 10, 2003. If you have any questions, please feel free to contact me. Sincerely, �f 7 Paulette Torcivia PT:dm enclosure CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER FINDING NO VIOLATION TOWN OF GULF STREAM, Petitioner, Case No. CE -4 -A3 JOHN W. and BARBARA S. WYNNE, Respondents. Re: Violation of Section 66- 141(2)f, of the Code of Ordinances of the Town of Gulf Stream. Address: 1511 North Ocean Blvd. Gulf Stream, Florida Legal Description: N. 82' Lot 1, Blk. D R cv Plat Blk D & Blk E Palm Bch Shore Acres & S 68' Govt. Lot 1 Sec. 10 Twns. 46 South Range 43 East Palm Beach Co. Fl., East of Ocean Blvd. The Special Master appointed by the Town Council to hear code enforcement cases for the Town of Gulf Stream, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Enforcement Hearing held on the 10`h day of October, 2003, and based on the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT 1. The Respondents, John W. and Barbara S. Wynne, were not present at the hearing, but were represented at the hearing by their attorney, Todd Messenger. 2. The Town was represented at the hearing by its attorney, John Randolph. 3. William Thrasher and Chris Wheeler testified for the Town. CONCLUSIONS OF LAW Respondents are not in violation of Section 66- 141(2)f, of the Code of Ordinances of the Town of Gulf Stream. It is the Order of the Code Enforcement Special Master that Respondents, John W. and Barbara S. Wynne, are not in violation of Section 66- 141(2)f, of the Code of Ordinances of the Town of Gulf Stream. DONE AND ORDERED this 10`^ day of October, 2003. TOWN OF GULF STREAM CODE ENFORCEMENT BY: %a?-- Special Master 4 � l 1 MINUTES OF THE CODE VIOLATION RE- HEARING HELD BY THE SPECIAL MASTER OF THE TOWN OF GULF STEAM ON MONDAY, OCTOBER 10, 2003 AT 1:00 P.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. Special Master Paulette Torcivia announced that the case being re -heard is Case No. CE- 4-03, addressing a code violation at 1511 N. Ocean Blvd., N. 82' lot 1 blk D & blk E Palm Beach Shore Acres & s. 68' of Govt. lot 1 Sec. 10 Twnshp. 46 South Range 43 East Palm Beach County Florida East of Ocean Blvd., Gulf Stream, Florida, that is owned by John W. and Barbara S. Wynne. She announced for the record that the Respondents were not present but were being represented by their attorney, Todd Messenger. She then administered the Oath to Town Manager William Thrasher and to Chris Wheeler, Chairman of the Architectural Review and Planning Board of the Town of Gulf Stream. Attorney Torcivia asked the Petitioner, Town of Gulf Stream, to present the facts of this case. John Randolph, Attorney for the Town of Gulf Stream, advised that copies of all of the exhibits that had been presented at the hearing held on September 8, 2003 were furnished to Attorney Messenger. In view of this, he requested that rather than introducing them one by one, he be permitted to re- submit them all in one group. Attorney Messenger had no objection to this. The Special Master advised the numbers the exhibits were given at the September 8`h hearing would remain. She then advised that the Memorandum of Law containing motions for reviewing and a composite of exhibits listed A through J submitted by the Respondents when asking for a re- hearing will be Respondents Exhibit #1. The Special Master asked Attorney Messenger he would_stipulate_as_toshe_proper notices of the hearings and he replied in the affirmative. Attorney Randolph called Chris Wheeler as the first witness who acknowledged that he is the Chairman of the Architectural Review and Planning Board in Gulf Stream and that he is CEO and Chairman of the Board of a real estate multi - family design and construction company. Mr. Wheeler testified that on the two different sets of plans that were submitted to the ARPB, which he had reviewed along with the other members, the feature containing the etched glass palm tree with the numbers 1511 included was not shown and the plans would not have been approved if this had been shown. He farther testified that in a subsequent informal appearance, this feature was shown and the Board advised that this etched glass feature would not be approved in that it is not consistent with the Mediterranean architecture of the development which is a criteria for approvals. Attorney Randolph asked Mr. Wheeler if he was familiar with the type of address signs that exist along AlA in particular those shown in pictures he introduced that were assigned Town Exhibit #12. Mr. Wheeler replied that he is familiar with these. The Special Master asked if these are consistent with the architecture of the property and Mr. Wheeler replied that they are consistent with what is in the Town of Gulf Stream. Mr. Randolph asked to explain the purpose for which the pictures are being entered. He Special Master Hearing 10 -10 -03 page 2 explained that these are pictures of signs as defined in the sign code and these are not the types of things that would become before the ARPB. Mr. Randolph finther explained the ARPB would review things like walls, columns and gates but after their review, residents may, under the sign code, install these types of signs. He noted these are not architectural features. He maintained the etched glass features are architectural features and should have been reviewed by the ARPB. Special Master Torcivia asked for an explanation of the difference between the etched glass sign or feature and one of the other signs along AlA showing the address number and street name with what appears to be some artwork at the comers of the sign. Attorney Randolph approached this from the legal aspect, referring to Mr. Messenger's Exhibit #1E, by calling attention to the fact that signs are defined in the Code as "any printed, lettered, pictured, figured, or colored material on any building, structure or surface ". He then referred again to Mr. Messenger's Exhibit #1 E under Division 7. that reads "The erection, display and maintenance of a sign on any property or building within the town is prohibited except the following, which are permitted: Item (4) - - - -a sign identifying their name or ownership, entrance and exit roads and street number identifying such property ". And once again referring to Mr. Messenger's Exhibit #lE in Sec. 66 -327; Signs, the Code reads "Signs shall be prohibited within the North Ocean Boulevard Overlay District except the following: (2) Address signs and signs designating the name or the owner of an estate or the name of a condominium or club and signs necessary to designate entrances and exits ". Mr. Randolph pointed out that this is the section that applies since the property is in the North Ocean Blvd. Overlay District and that the other signs in the area that are pictured in Town's Exhibit #12 are all under this exemption. None in the area displayed an architectural feature showing an etched glass __,palm_ tree. He stated that he believed the etched glass feature_could have_been_cited_as_a violation of the sign code but that it was not necessary to do that since this is a design feature that had been reviewed by the ARPB and was not approved. The Special Master asked the following questions: 1) Is it customary to put a house number on an architectural plan? 2) Is the etched glass picture something that can be removed? 3) What was fastened to the old house? 4) Is it required that there be numbers posted on all properties? Mr. Wheeler answered it is not customary to put a house number on an architectural plan, the etched glass picture can be removed, it was fastened to an entry pier when the old house existed and it is required that there be address numbers posted on all properties. Attorney Randolph believed it is not a question as to whether the Board was correct in the way they applied the Code but that it was not approved, which gave an opportunity for appeal. Special Master Torcivia believed the issue to be whether this etched glass is a sign or an architectural feature. Mr. Randolph agreed and stated the Town's position is that if it is a sign, it is in violation of the sign code since all that is permitted is the address and the resident's name. He maintained that had the applicant presented a column design with a palm tree carved in it Special Master Hearing 10 -10 -03 page 3 the ARPB would have had an opportunity to review it as an architectural feature. As it were, the applicant presented a drawing of a plain column and then hung the etched glass on it after the column was in place. Attorney Messenger presented his Hearing Brief, Respondents Exhibit #2, in which there are pictures of address signs attached to columns for 3224 N. Ocean, 3545 N. Ocean, 3603 N. Ocean, 3110 N. Ocean and 3435 N. Ocean. He asked Mr. Wheeler if the ARPB had reviewed these, calling attention to 3435 being on two entrance walls. Mr. Wheeler replied that none of these were before the board. Mr. Messenger then asked if they had reviewed a set of mail boxes, located on the west side of AIA across from Wynne's, that had hunting dogs painted on them, to which Mr. Wheeler replied they had not seen those and would not consider mail boxes an architectural feature. Mr. Messenger then asked if there is a limit on the size of signs and Mr. Wheeler answered in the affirmative and added that he does not recall what that is. Attorney Messenger asked Mr. Wheeler to read a portion of Section 660 -447 of the Code that is included in Respondents Exhibit #lE which stated that any permitted sign other than a real estate sign shall not exceed 6 square feet and then made the point that an address is considered a sign and could be as much as 6 square feet, adding that the etched glass sign is only 3.6 square feet. Mr. Messenger asked if there is a threshold to determine when an address becomes an architectural feature and the answer was no. The attorney then asked if Mr. Wheeler liked the sign at 1511 and he replied yes but not with this style of architecture. When asked if the other Board members agreed with him, Mr. Wheeler replied that one had declared a conflict of interest but the others were in agreement. Mr. Messenger asked if the Board gets to express an opinion about all address signs to which Mr. Wheeler stated only if they are architectural features. Attorney Messenger asked how is it determined when an_ address sign becomes-an-architectural feature. _Mr. WheeleLStated_thatby-the size and in this instance by the fact that the palm tree is predominant in the design. Mr. Wheeler was then asked by the Attorney to read the definition of a sign in the code section that is included in Respondents Exhibit #lE after which Mr. Messenger made the points that the Wynne sign conforms to the definition of a sign in that there is a picture, it is on a surface and it communicates something, all of which are included in the definition of a sign. Attorney Randolph advised that Mr. Thrasher would be saying pretty much the same as what Mr. Wheeler had said and he wanted to make sure for purposes of this re- hearing that there is nothing else that the Special Master or Attorney Messenger needed to hear from him where he would argue that the administration hasn't testified. Attorney Randolph, for the record, stated Mr. Thrasher would testify that he is the Town Manager of Gulf Stream, that this particular architectural feature was not included in the plan before the Board, that the plan was before the Board on three occasions and was not approved, that the owner was noticed to remove the feature but the owner did not comply and that he did refer to the feature as a sign in the notice of violation as a generic description of this architectural feature that had gone before the Board. He further stated that Mr. Thrasher had taken the pictures of the address signs today and is prepared to testify that these address signs are as described in the Code and are permitted, but that Special Master Hearing 10 -10 -03 page 4 anything further than this including palm trees, etched glass and that sort of thing is not allowed under the Town Code. Mr. Randolph restated that this is substantially what he had said in the first hearing and he felt no need to have him testify unless the Special Master or Attorney Messenger requests that he do so. Special Master Torcivia asked Attorney Messenger if he had any questions for Mr. Thrasher to which he replied he did with regard to address signs which have a great significance and should not be dismissed as address sign that has legal import in this case being the short hand for architectural features. He noted that there is inconsistency by interchanging the words address sign and architectural feature. Mr. Wheeler was dismissed at this point. Attorney Messenger asked Mr. Thrasher if he had written the letter to Mr. Ince dated April 25, 2002 and the reply was that he had. He was then asked why he had referred to the etched glass as house number signs. Mr. Thrasher stated that he thought that's what they were. Mr. Messenger then asked if Mr. Thrasher had written a subsequent letter advising that there was no approval procedure for signs. Attorney Randolph stated the Town would stipulate there is no procedure for signs. Mr. Messenger had no further questions. In his closing argument, Mr. Messenger stated that common sense and the Town Code demands that this is an address sign and not an architectural feature. He called attention to the Hearing Brief that is Respondent Exhibit #2 that addresses the key facts that he believed to be undisputed. The gates were constructed in accordance with approved plans and the notice of violation that was sent states the gates were inspected and approved. He stated that the signs, which _had _been removedSrom-the_old_pmperty_and _ stored on the property, were subsequently attached to the columns. He submitted that these signs are exempt from review according to the Town Code. Mr. Messenger maintained that the pictures of other address signs in the area had some type of ornamentation included along with the number and that the etched glass sign is no different. He pointed out that the Wynne's had requested an application for a sign and was told there is no process for address signs and therefore the Wynne's are not in violation. Attorney Randolph, in his closing argument, pointed out that the Town was so concerned about what is placed along AIA in the Historic Corridor that they included a section in the Code to mandate that anything, including landscaping, walls, gates, etc. be reviewed by the ARPB. He reminded that two detailed gate designs were submitted and approved without showing the etched glass feature, and the Board had every right to rely on the drawings showing exactly what was to be placed in this area. He further reminded that this feature fits the code description of a sign that is prohibited and could have been cited as a violation of the sign code. Attorney Randolph made the point that the address signs shown in the pictures are address signs and do not have ornamentation as a predominate portion of the sign like the palm tree on the etched glass which falls in the category of an architectural feature. He fm Cher made the point that by calling this an address sign, it Special Master Hearing 10 -10 -03 page 5 would allow anything to be put on a gate as long as the house numbers were shown on some portion of the attachment. Mr. Messenger reminded that both Mr. Wheeler and Mr. Thrasher had referred to this as an address sign and Mr. Wheeler had stated that he knows an architectural feature as opposed to an address sign when he sees it. Mr. Messenger further reminded that there are no criteria in the Code for differentiating between them. He stated again that the Wynne's had asked for an application procedure for an address sign and had been told in writing that there is none and therefore maintain they are not in violation. Mr. Randolph restated that there is no procedure for approval of an address sign because address signs are exempt from the sign code. The Special Master stated that she is finding no violation of Section 66- 141(2)f for the following reasons: 1) The framed combination of the numbers and a picture falls under the purview of the sign ordinances and as such would follow along the same qualifications as the various numbered signs as shown in the pictures of other entrances along AIA. She believed to say that a tile with a small flower is OK but a palm tree on etched glass is not, is splitting hairs. She added that with there being no specifics in the Code as to what is acceptable on a gate, she found no violation. 2) The address is separate from the gate and not a part of it. 3) None of the addresses on other gates as shown in the pictures have any particular consistency and if the Town wants there to be a very specific type of sign in this district, that should be outlined in the Code. She ruled that this etched glass feature is an address sign and not an architectural feature. Rita L. Taylor, Town Clerk r� MINUTES OF THE CODE VIOLATION HEARING HELD BY THE SPECIAL MASTER OF THE TOWN OF GULF STEAM ON MONDAY, SEPTEMBER 8, 2003 AT 10:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. Special Master Paulette Torcivia announced that the case being heard is Case No. CE -4- 03, addressing a code violation at 1511 N. Ocean Blvd., N. 82' lot 1 blk D & blk E Palm Beach Shore Acres & s. 68' of Govt. lot 1 Sec. 10 Twnshp. 46 South Range 43 East Palm Beach County Florida East of Ocean Blvd., Gulf Stream, Florida, that is owned by John W. and Barbara S. Wynne. She announced for the record that the Respondents were not present and then administered the Oath to Town Manager William Thrasher and Town Clerk Rita Taylor. Attorney Torcivia asked the Petitioner, Town of Gulf Stream, to present the facts of this case. Attorney John Randolph, Attorney for the Town of Gulf Stream, presented a copy of the Statement of Violation and Notice of Hearing along with a return receipt signed August 14, 2003 by someone, not recognized by the staff, other than Mr. or Mrs. Wynne. The Special Master ruled that proper notice had been given and marked the documents as Exhibit #1 for the Town of Gulf Stream. The violation described in Exhibit #1 is that etched glass architectural features that had not been approved by the Architectural Review and Planning Board were subsequently attached to the entry columns that had been approved for construction in the North Ocean Blvd. Overlay District as provided in Section 66- 141(2)f after the columns had been inspected and approved. The Town Clerk presented, at the request of the Special Master, the Property Appraiser's print out for the property showing Mr. & Mrs. Wynne as the owners and it was marked as Exhibit #2 for the Town of Gulf Stream. Town Manager Thrasher testified that any structure erected or installed within the North Ocean Blvd. Overlay District requires a Level 2 Architectural/Site Plan Review by the Architectural Review and Planning Board, and a part of the criteria for approval is that the use of exterior architectural elements, exterior materials and colors of proposed structures and improvements shall be consistent with other on -site structures and the surrounding neighborhood. Attorney Randolph ask that a copy of Section 66- 144(b)(10) of the Gulf Stream Code of Ordinances, which lists the criteria, be entered and it was marked as Exhibit #3 for the Town of Gulf Stream. Attorney Randolph referred to photographs of the entrance gate at 1511 N. Ocean Blvd., handing a set to the Special Master and a set to Mr. Thrasher. Mr. Thrasher verified that he had taken the pictures on September 4, 2003 and explained that they show two etched glass architectural features attached to the entrance columns. Mr. Thrasher further confirmed that these features were not included on the design that had originally been approved for the gates and were not submitted for approval prior to them being installed. The Special Master marked the photographs as Exhibit #4 for the Town. Special Master Hearing- 9 -8 -03 page 2 The Town Attorney handed Mr. Thrasher a copy of a portion of the minutes of the Town Commission Meeting of January 14, 2000 and a copy of a plan showing a gate and column design that was reviewed at the meeting. He asked Mr. Thrasher to verify that these documents are copies of the originals to which Mr. Thrasher answered they were. At this point the Attorney asked that these be entered as exhibits. Special Master Torcivia marked the minutes and plan as Exhibit #5 for the Town. Mr. Thrasher confirmed that the etched glass designs were not shown on these drawings that were approved on January 14, 2000. Attorney Randolph asked Mr. Thrasher if there was a subsequent meeting at which a revised gate design and location was approved and asked him to identify a portion of the minutes of a meeting of the Architectural Review and Planning Board held on September 27, 2001 and a revised drawing. Mr. Thrasher did identify the documents as being accurate. The Attorney asked that these documents be entered as exhibits and the Special Master marked them Exhibit #6 for the Town. Town Manager Thrasher testified that the etched glass feature was not included on this drawing as there is no protrusion shown on the drawing. In addition he testified that the General Contractor for the project had stated that the etched glass features had been added at a later time. Mr. Randolph asked if a Certificate of Occupancy had been issued that covered the house and the gate to which Mr. Thrasher replied this had been issued January 7, 2002 and that he had personally inspected the project and the etched glass features were not in place on the columns at that time. He stated that later in January he noticed the etched glass feature had been added and he phoned the contractor regarding the fact they had not been approved and are in violation. The contractor advised that the Wynne's were out of town on an extended vacation but they had thought that since this etched glass feature had been on the property at the time all of the structures had been demolished, they would be —" grandfathemd -and reinstalled on the new structure: Mr. Thrasher stated tha£heinfonne3— the contractor that these were not grandfathered. He further stated that on April 25, 2002 he wrote a letter to the contractor advising the etched glass was not a part of the original application for review and a request must be submitted, reviewed and approved by the ARPB. Attorney Randolph asked that a copy of this letter be included as an Exhibit that the Special Master marked as Exhibit #7. The Town Attorney reminded that the Town has two sections in the Code, Sec. 66 -327 and 66 -446 relating to signs. He then handed those sections to Mr. Thrasher and asked him if he had reviewed them when determining the etched glass features were in violation. Mr. Thrasher stated he had taken the sections into consideration. Mr. Randolph asked that the Hearing Officer take judicial notice of these two sections that relate to signs. He read from Sec. 66- 327(2), "Signs shall be prohibited within the North Ocean Blvd. Overlay District, except the following: Address signs and signs designating the name or the owner of an estate or the name of a condominium or club and signs necessary to designate entrances and exits." With regard to Sec. 66- 446(b), Mr. Randolph quoted "The erection, display and maintenance of a sign on any property or building within the town is prohibited except the following, which are permitted: Except for the designation of resident name, property owner, location, or address, the erection, Special Master Hearing- 9 -8 -03 page 3 display, and maintenance of an illuminated sign on any property is strictly prohibited." These sections were entered as Exhibit #8 for the Town. Attorney Randolph asked Mr. Thrasher if the owners came back before the ARPB regarding this matter and was advised that the owners attorney came before the ARPB, but not with a formal application, asking for clarification as to whether or not this architectural feature should have been approved. He further advised that Chairman Wheeler stated the home and entrance gates and columns had been approved, but not with the etched glass feature. The Chairman had pointed out that the ARPB has discretion to make a judgment as to whether architectural elements are consistent with the style, which in this case is Mediterranean, and etched glass is not consistent with a Mediterranean style architecture. It was suggested that a wood or framed Spanish tile feature would be two options. The Special Master questioned if it would only be necessary to remove the etched glass feature from the columns to correct the violation and was advised that this is true. She remarked that it is necessary to display address numbers and understands this is acceptable if they are displayed in a style consistent with the architectural style. Mr. Thrasher replied that this is true. The Special Master accepted the minutes of the ARPB meeting of February 27, 2003 as Exhibit #9 for the Town. The Special Master asked if the owner would still be in violation if he were to move the etched glass features to the front of the home, that being beyond the 50' distance from the front property line. Mr. Thrasher answered that they would also be in violation for that since the etched glass would not be in conformity with the style of the home even though it would be outside of the North Ocean Blvd. Overlay District. Attorney Randolph then asked that the formal Notice of Violation, dated June 3, 2003, that is required; lie entere3 as an exhibit for the Town -The Special Master mazkiff e Notice as Exhibit #10 for the Town. Special Master Torcivia again asked Mr. Thrasher if he had inspected the entrance prior to the issuance of the Certificate of Occupancy to which he replied he had and the etched glass features were not present at that time, which was early January. In answer to a question from the Special Master, he further stated that he first noticed the etched glass features toward the end of the month of January. Attorney Randolph advised that the Town also has a copy of the Notice of Violation with the green card attached and the Special Master stated that will be Exhibit #11 for the Town. On being asked by the Special Master what is being recommended in this case, Attorney Randolph advised the Town would like to have the violation corrected with a finding of violation of the Code with a period of 15 days in which to comply by removing the etched glass features. In the event they did not comply within the 15 days, the Town requested that a fine of $150.00 per day be assessed retroactively from the date of non- compliance plus administrative costs. Special Master Hearing- 9 -8 -03 page 4 The Special Master found the Respondents in violation in this case and ordered compliance by September 23, 2003 or a fine of $150.00 per day shall be assessed with a Fine Assessment Hearing to be held on September 26, 2003 at 10 A.M. The Special Master also approved administrative costs, which will be set at the Hearing on Sept. 26`h. The Hearing concluded at 10:45 A.M. / .-¢ �Q �✓i.A� iC21t Rita L. Tay or, Town lerk I , BEFORE THE CODE ENVORCEMENT SPECIAL MASTER OF THE TOWN OF GULF STREAM, FLORIDA TOWN OF GULF STREAM, Petitioner, V. Case No. CE -4 -03 JOHN W. AND BARBARA S. WYNNE, Respondents. MOTION FOR REHEARING COMES NOW, Mr. John W. Wynne and Mrs. Barbara S. Wynne, who by and through their undersigned counsel, respectfully request rehearing of the above styled matter, and in support thereof, state as follows: I. INTRODUCTION I. On September 8, 2003, Special Master Paulette Torcivia heard a code enforcement matter in the Town of Gulf Stream regarding etched glass address signs at 1511 North Ocean Boulevard, Gulf Stream, Florida. After a one -sided presentation by the Town, the Special Master entered an order finding the Wynnes in violation of Section 66- 141(2)f of the Town of Gulf Stream Code. 2. The Wynnes did not receive actual notice of the hearing due to circumstances that were beyond their control. Moreover, the Wynnes are not, as a matter of fact and law, in violation of any applicable provision of the Town's Code. Therefore, the Wynnes respectfully request a rehearing on the merits of this matter on September 26, 2003. H. THE WYNNES DID NOT RECEIVE ACTUAL NOTICE OF THE HEARING. 3. The Wynnes acknowledge that the Town apparently did send notice of the hearing by registered mail to their Gulf Stream residence. However, the Wynnes did not receive actual notice of the hearing due to circumstances that were beyond their control. 4. The return receipt for the notice was stamped August 14, 2003. It was signed by the Wynnes' caretaker. 5. At the time, the Wynnes were in Indianapolis, so the caretaker forwarded the letter to Mr. Wynne's administrative assistant in Indianapolis. The letter arrived at approximately the same time that Mr. Wynne was admitted to the hospital for surgery. 6. Mr. Wynne suffered life - threatening complications following his surgery. Mr. Wynne was released from intensive care just last week, following an ordeal that included time in a coma and on a respirator. 7. As a result of his condition, Mr. Wynne did not receive the notice of hearing. Additionally, in the confusion, no one forwarded the notice to the Wynnes' counsel, who have been representing the Wynnes with regard to this matter for more than a year. 8. Making matters worse, although the Town was and is well aware that Mr. David Dickenson of Dickenson, Murphy, Rex, and Sloan, and Ms. Wendy Larsen and Mr. Todd Messenger of Siemon & Larsen, P.A. are all counsel of record who have communicated with the Town on many occasions regarding this matter, the Town did not provide courtesy copies of the notice to any of them. 9. The Town's decision to forego sending courtesy copies to the Wynnes counsel is a departure from its established pattern in this matter. Most of the communication has been with the -1) - F I r-, 1 J Wynnes' attorneys. The record of the prodeedings show this —the Statement of Violation andNotice of Hearing dated August 5, 2003 states that the Town had previously delivered notices, not to the Wynnes, but to the Wynnes' counsel — on April 25, 2002 and on May 16, 2002. See Exhibit A. 10. Siemon & Larsen was made aware of the code enforcement hearing on the afternoon of September 8, 2003, when Todd Messenger called Town Attorney John Randolph with regard to an unrelated matter, and the Town Attorney noted that no one was present on behalf of the Wynnes at the Gulf Stream code enforcement hearing earlier in the day. 11. The Statement of Violation and Notice of Hearing provides in part: If you wish to have the Special Master RECONSIDER your case for any reason... an APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST MUST BE MET FOR THE SPECIAL MASTER TO RECONSIDER YOUR CASE. See Exhibit A. 12. On September 12, 2003, Todd Messenger sent a written request for all required application materials for a rehearing. See Exhibit B. 13. On September 15, 2003, the Town Attorney responded by letter, stating that the Town does not have a form for the petition, and that the Wynnes should seek rehearing by contacting Special Master Paulette Torcivia directly. The Town Attorney recommended that the petition for rehearing should request that the hearing take place on September 26, 2003. See Exhibit C. III. THE WYNNES ARE NOT VIOLATING THE TOWN OF GULF STREAM CODE. 14. The Wynnes respectfully submit that fundamental fairness requires a rehearing in this matter because: 511 a. the Wynnes' addre §s signg'are specifically permitted by the Town's Code, and b. by calling the Wynnes' address signs "architectural features," the Town tortures Section 66- 141(2)f. (attached as Exhibit D) of the Town Code — and in the same breath nullifies the provisions of the Code which are actually relevant and applicable — all in an attempt to single the Wynnes' address signs out because members of the Town's Architectural Review and Planning Board simply do not like them. 15. Put another way, if the Wynnes address signs are "architectural features" and not "address signs," then so is every other address sign in Gulf Stream. If that is the case, then: a. Sections 66 -1 (defining address signs), 66- 446(a) (permitting address signs), and 66 -327 (permitting address signs within the North Ocean Boulevard Overlay District) (these sections are attached as Exhibit E), of the Town's Code are legal nullities, and b. every other property owner in Gulf Stream is in violation of the Town's Code. 16. The Wynnes respectfully submit that there is no way such a construction' was intended when Section 66- 141(2)f was adopted. 17. Still, the Wynnes have volunteered to undergo any review process that may be specifically applicable to address signs. In April 2003, Mr. Messenger called the Town on behalf of the Wynnes and requested application materials for approval of an address sign. 18. By letter dated May 1, 2003, the Town Manager responded that "[the Town does] not have any forms for the approval of address signs," and stated further that "the Town does not consider the Wynnes' etched glass design ... to be an address sign, but rather a part of the architectural features of the structure which are reviewable by ARPB." The Town Manager demanded that the Wynnes respond to his letter by May 9, 2003 regarding their intent to comply with the Town Code. See Exhibit F. 0 19. By letter dated May 9, 2003, Mr. Messenger provided the response the Town Manager demanded. Mr. Messenger explained why the Wynnes address signs are very specifically permitted by the Town's Code, citing to Sections 66 -1 (defining signs), Section 66- 446(a) (permitting address signs), and Section 66 -327 (permitting address signs within the North Ocean Boulevard Overlay District). See Exhibit G. Mr. Messenger also reminded the Town that it had not provided a specific citation that supports its position regarding the Wynnes' alleged code violation, and that the Wynnes intend to keep their signs in place because they are permitted to do so by the Town's Code. 20. Almost a month later, the Town sent a "Notice of Violation" (dated June 3, 2003), alleging that the Wynnes were in violation of Section 66- 141(2)f of the Town Code, "which provides that new entrance gates along State Road AIA require a Level 2 Architectural /Site Plan Review." The notice demanded that the Wynnes "alter the design of the entrance columns to conform to the design that was approved on September 27, 2001 within 15 days." See Exhibit H. 21. By letter dated June 9, 2003, Mr. Messenger responded that the Wynnes had not installed "new entrance gates," and therefore they are in full compliance with Section 66- 141(2)f. of the Town Code. See Exhibit I. What the Wynnes did was attach address signs to their gates (which are constructed according to the approved plans), as specifically permitted by Sections 66- 446(a) and 66 -327 of the Town Code. The signs, according to the Town Manager's letter dated May 1, 2003, are not subject to Town review and approval. As such, the letter requested that the Town withdraw the notice, given the fact that the Wynnes are in full compliance with the Town Code. 22. The Town did not respond to Mr. Messenger's letter. 23. Instead, almost two months later, the Town sent a "Statement of Violation and Notice of Hearing" to the Wynne residence. The notice, dated August 5, 2003 again asserts a violation of -5- Section 66- 141(2)f of the Town Code. See Exhibit A. 24. A few of the Town's letters regarding this matter have carefully described the Wynnes' address signs as "architectural features," apparently in an attempt to dodge the clear application of Sections 66 -1, 66- 446(a) and 66 -327 of the Town Code (which specifically permit address signs). Exhibit F. The Town has even gone so far as to describe the installation of Wynnes' address signs as "installation of new entry gates." Exhibit H. 25. The Wynnes respectfully submit that the old adage "a rose by any other name ..." applies with overwhelming force in this case. The signs are not "architectural features" — they are just signs. 26. Try as it might, even the Town cannot resist this obvious fact. On the face of the Statement of Violation and Notice of Hearing, the Town states that the violation of Section 66- 141(2)f is alleged because: etched glass signs were attached to each column which were not a part of the design that was approved. Exhibit A (emphasis added). 27. The record of the September 8, 2003 code enforcement proceeding also includes the letter from the Town Manager to Mr. Peter Ince regarding this matter (dated April 25, 2002), which states: I write this in reference to the house number signs at the above property. The signs, as indicated on the enclosed pictures, were not on the original application. A request for the signs must be submitted and approved by the Architectural Review and Planning Board. Exhibit J (emphasis added). 28. Although the record of the code enforcement proceeding is actually sufficient to demonstrate that the Wynnes are in full compliance with the Town's Code, the Town apparently did In not provide the special master's with a copy of the applicable portion of Section 66 -1, which defines a "sign" as "any ... announcement ... or communication produced ... by affixing ... a structure ... on any other structure, or .. by attaching on or posting ... any printed, lettered, pictured, figured, or colored material on any building, structure, or surface." 29. The Wynnes submit that the Town's definition of "sign" demonstrates that Sections 66- 446(a) and 66 -327 of the Town's Code are the applicable law in this case. The Wynnes explained this to the Town in their letters dated May 9, 2003 and June 9, 2003, (Exhibits G and I, respectively). The letters are conspicuously absent from the record of the code enforcement proceedings. IV. CONCLUSION. 30. Put simply, the reason that the Wynnes were not represented at the September 8, 2003 hearing was because, given the combination of Mr. Wynne's dire circumstances and the Town's failure to notify the Wynnes' counsel of record in this matter with a courtesy copy of the notice, no one knew about it. 31. The Wynnes respectfully submit that the allegation that they are in violation of the Town's Code because they did not receive Architectural Review and Planning Board approval for their address signs is outrageous. Moreover, the Town's one -sided presentation and selective record on September 8, 2003 did not fairly represent the true facts and applicable law. 32. The Wynnes further submit that the Town will not be prejudiced by a rehearing, as their address signs do not present a hazardous condition. 33. The Wynnes believe that fairness dictates that they should be given an opportunity to present their side of the merits of the case to the special master. -7- c WHEREFORE, the Wynnes respbctfully request a rehearing of the merits of this matter on September 26, 2003. Respectfully submitted this 1'7 day of September, 2003, by: SIEMON & LARSEN, P.A. Mizner Park 433 Plaza Real, Suite 339 Boca Rato nda 33432 (561 8 -3808 Fa simile (561) td8 -400, BY: V 7 Todd G.lMdssenger I Florida Var No. 0385514 Attorney for Respondent V. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing Motion for Rehearing has been fiunished by first class United States mail to: Rita Taylor, Town Clerk John Randolph, Town Attorney Town -of Gulf-Stream - - - - -- -- Jones,- Foster,- Johnston - &- Stubbs, P. -A. 100 Sea Road PO Box 3475 Gulf Stream, Florida 33483 West Palm Beach, Florida 33402 on this day of September, 2003. SIEMPN & LARSEN, � 13 Todd G. Messenger Florida Bar No. 0385514 Attorney for Respondent G t F EXHIBIT LIST EXHIBIT DESCRIPTION A Statement of Violation and Notice of Hearing, dated August 5, 2003 B Letter from Todd Messenger to Rita Taylor, dated September 12, 2003 C Letter from John Randolph to Todd Messenger, dated September 15, 2003 D Section 66- 141(2)f., Town of Gulf Stream Code E Sections 66 -1, 66- 446(a), and 66 -327, Town of Gulf Stream Code F Letter from William Thrasher to Todd Messenger, dated May 1, 2003 G Letter from Todd Messenger to William Thrasher, dated May 9, 2003 H Notice of Violation, dated June 3, 2003 I Letter from Todd Messenger to William Thrasher, dated June 9, 2003 J Letter from William Thrasher to Peter Ince, dated April 25, 2002 C C J C - 1 J 1 I Town�of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Phone (561) 276 -5116 Fax (561) 737 -0188 CODE ENFORCEMENT SPECIAL MASTER TOWN OF GULF STREAM, FLORIDA CASE: CE 4 -03 August 5, 2003 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned herby gives notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) and more particular described herein, and requests a PUBLIC HEARING before the CODE ENFOECEMENT SPECIAL MASTER of the Town. 1. Location/Address where violation(s) exist(s): 1511 North Ocean Blvd. Gulf Stream FL 33483 2. Legal I 3. Name and address of owner /person in charge where violation(s) exist(s): John W. and Barbara S. Wynne, 1511 N. Ocean Blvd Gulf Stream Florida 33483 4. Violation of Town Code Section(s) and d_escription(s): Section 66- 1410f provides that new entrance gates along State Road AIA require a Level 2 Architectural/Site Plan Review. A design was "approved by the ARPB and columns were constructed inspected and approved Subsequently, etched glass signs were attached to each column' which were not a part of the design that was approved. (SEE ATTACHED "EXHIBIT OF'VIOLATIONS ") 5. Date of first inspection: April 25, 2002 Town of Gulf Stream C YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE August 31, 2003 1 , THAT THE PARCEL OF REAL PROPERTY OWNED BY C YOU AND DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT YOU ARE REQUESTING A REINSPECTION. C IF THE VIOLATION(S) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR CORRECTION, OR IF THE VIOLATIONS) IS /ARE CORRECTED AND THEN RECURS, THE CASE MAY BE PRESENTED TO THE SPECIAL MASTER EVEN IF THE VIOLATION (S) HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MASTER HEARING. IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE CODE ENFORCEMENT SPECIAL MASTER THAT THE PARCEL OF REAL PROPERTY DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE VIOLATION. If the Special Master finds that you have committed a violation, he/she may order IMMEDIATE COMPLIANCE with the Code and if you fail to comply with such order within the time period set forth therein, he/she can IMPOSE A FINE OF UP TO $250.00 PER DAY for each violation remaining in non - compliance. If the Town is successful in prosecuting your case before the Special Master, FINES WILL BE IMPOSED BY THE SPECIAL MASTER. SUCH FINES SHALL CONSTITUTE A LIEN ON ANY REAL OR PERSONAL, PROPERTY OWNED BY YOU. FAILURE TO PAY SUCH FINES CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN. If you disagree with a decision of the Special Master, you may appeal to the CIRCUIT COURT OF PALM BEACH _COUNTY within30_(thirty)DAYS- after -the- Special - Master's- Order -is- entered: If you wish to have the Special Master RECONSIDER your case for any reason or if your case was in fine and now complied and you wish to request a REDUCTION IN FINE an APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST MUST BE MET FOR THE SPECIAL MASTER TO RECONSIDER YOUR CASE. If a person decides to appeal any decision made by the Special.Master with respect to any matters considered at subject meeting, they will need a record of the proceedings, and for such purpose, thev may nerd to rncnrr that a vor} atim runn.A ..r tw.. ------ a:___ :_ ___ _.,_ . [.. 966441 GULF STREAM CODE r cantly different in color, texture,'or and perimeter walls parallel to AIA l appearance than the existing mate - that are within the 50 -foot North pals. Ocean Boulevard Overlay District; re. Changes in exterior wall, roofing, g. Development proposals which other - l. window or door colors which do not wise would require a level 1 archi- require a building permit; tectural/site plan review but which j f. Increases or decreases in impervious also require a sign review; surface areas or changes in impervi- h. Development proposals which other - ous surface materials; wise would require a level 1 archi- g. Walls, fences and driveway gates not tecturallsite plan review but which, in the opinion of the planning and -- within the North Ocean Boulevard building administrator, warrant a Overlay District. level 2 architectural/site plan review h. Minor improvements and landscap- due to the d'evelopment's potential ing along AlA and fences or walls impacts. along side property lines that are (3) Projects'requiring level 3 architectural/ within the 50 -foot North Ocean Bou- site plan reuiem: levard Overlay District. a. New primary structures; i. Removal of up to two trees over eight inches provided that b. Expansions of existing primary or replacer, posed. replacement tree(s) are pro- pro- accessory structures of greater than posed. 50 percent of the existing total floor area on the ro e P P rtY; (2) Projects requiring level 2 architectural/ C. Demolitions of existing primary or site plan review. accessory structures of greater than a. Detached, habitable, minor acces- 50 percent of the existing total floor sary structures; area on the property; b. Expansions of existing primary or d. Development proposals which re- accessory structures of greater than quire a variance; 300 square feet or ten-percent—of the a Development propos which re- existing total floor area on the prop- quire a special exception; ertN but not larger than 50 percent; f. Development proposals which are the C. Demolitions of existing primary or subject of a development agreement; accessory structures of greater than g. Development proposals which re- 300 square feet or ten percent of the quire a subdivision; existing total floor area on the prop- erty but not more than 50 percent; h. Development proposals which re- quire an amendment to the official d. Projects which utilize design styles, zoning map; elements or materials in a manner classified as discouraged by the Gulf i. Development proposals which re- Stream Design Manual in the appli- quire an amendment to the future cable zoning district; land use map of the comprehensive plan; e. Removal of more than two trees of j. Development proposals which are over eight inches in caliper, or re- deemed developments of regional im- moval of any trees where replace- pact pursuant to F.S. § 380.06 or ment trees are not proposed. Not- which are subject to review for extra- . withstanding the foregoing, removal jurisdictional impacts under the pro- or alteration of more than 50 percent visions of the intergovernmental co- of vegetation on a site requires level ordination element of the adopted III approval. comprehensive plan; f. New entrance gates along AlA, ma- k. Clearing of more than 50 percent of jor landscaping additions or removal a site's existing vegetation; Supp. No. 1 CD66:32 [ .. Tk§ D. \ R % / / , \ }( & & ! \ \ Lk- \ \ ( }}E\em kja . � e « . l £ 0. f fE \/ (P)C4 0, I ❑\ (eo ® ° Jf ru / ! { Ln / C3 \ \ 2 7 m C3 . S \ 7 k D. ƒ S rL \ Lk- \ \ . � e « . . f \ 7 k \ Lk- em (( { ` f= fE I ❑\ (eo Jf ! |� w�F1,e- C SIEMON & LARSEN, P.A. (j Mizner Park u 433 Plaza Real, Suite 336, Born Raton, Florida 33432 Telephone (561) 368 -3808 - Facsimile (561) 368 -4008 E -Mail - infoQsiemonlarsen.com C C September 12, 2003 VIA FACSIMILEAND US MAIL 561- 737 -0188 Rita Taylor, Town Clerk C Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Dear Ms. Taylor: Thank you for faxing copies of the materials related to the September 8, 2003 code enforcement special master hearing regarding the Wynne's address signs (1511 North Ocean Boulevard). We note that page 2 of th e Statement of Violation and Notice of Hearing states in part: If you wish to have the Special Master RECONSIDER your case for any reason... an APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST MUST BE MET FOR THE SPECIAL MASTER TO RECONSIDER YOUR CASE. As we discussed by telephone earlier this week, Mr. Wynne is critically ill. He is in intensive care in Indianapolis due to severe complications from a recent surgery. His ordeal apparently began at approximately the same time the caretaker at his Gulf Stream residence forwarded the Town's notice to him, _. and in the confusion the notice was never sent to his attorneys. Accordingly, the Wynne's were not represented at -the code enforcement hearing because -Mr.. Wynne'sattomeys did not know-about-it The Statement of Violation and Notice of Hearing indicates that the Town had previously provided notice of the alleged violation to "Atty. Dickenson, representing Wynne, May 16, 2002." We do not understand why the Town saw fit to contact Mr. Dickenson in 2002, but did not see fit to provide notice to Mr. Dickenson, Ms. Larsen, or myself — all of whom, your records will show, have been representing the Wynne's in this matter for many months — before taking official action in the form of a special master hearing. We believe that fundamental fairness requires that this matter be reheard. As such, we respectfully request that the Town provide us the portions of the Town Code which contain "ALL REQUIREMENTS FOR SUCH REQUEST," including the amount of the appropriate fee. Please fax the requirements and application form to us at (561) 368 -4008. Todd cc: David Dickenson, Esq. John Randolph, Esq., Town Attorney William Thrasher, Town Manager JONES FOSTER JOHNSTON & STUBBS, P.A. Attorneys and Counselors John C. Randolph, Esquire Direct Dial: 561 -650 -0458 Direct Fax: 561- 650 -0465 E -Mail: jandolph @jones- foster.com September 15, 2003 Todd Messenger, Esquire Siemon & Larsen, P.A. 433 Plaza Real, Suite 339 Boca Raton, Florida 33432 Re: Town of Gulf Stream John W. and Barbara S. Wynne 1511 North Ocean Boulevard Our File No. 13147.1 Dear Todd: Hagler Center Tower, Suite 1100 505 South Hagler Drive WAstPalm Beach, Florida 33401 Telephone (561) 659 -3000 VIA FAX: 561 - 368 -4008 Mailing Address Post Office Box 3475 West Palm Beach, Florida 33402 -3475 I understand you have been speaking with Rita Taylor in regard to a petition for rehearing. The Town does not have a form for the petition. It is my recommendation that you simply file a petition for rehearing with Paulette Torcivia in regard to her Order and request that the matter be heard at the hearing scheduled for September 26, 2003. You may contact Paulette Torcivia at Northpoint Corporate Center, 701 Northpoint Parkway, Suite 209, West Palm Beach, Florida 33407. Her telephone number is 561- 686 -8700. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. John C. Randolph JCR/ssm Enclosure cc: Rita Taylor, Town Clerk www.jones foster.com p 10 03 10:43a Town of Gulf Stream 561 737 0188 p.l e ' RECEIVED CODE ENFORCEMENT ORDER SEP 10 2003 TOWN OF GULF STREAM, FLORIDA JONES, FOSTER, JOHNSTON ORDER FINDING VIOLATION & STUBBS TOWN OF GULF STREAM, Petitioner, Case No. CE -4 -03 V. JOHN W. AND BARBARA S. WYNNE, Respondents. Re: Violation of Section 66 -141 (2) f, of the Code of Ordinances of the Town of Gulf Stream. Address: 1511 North Ocean Blvd. Gulf Stream, Florida Legal Description: N. 82' Lot 1, Blk. D R cv Plat Blk D & Blk E Palm Bch Shore Acres & S 68' Govt. Lot 1 Sec. 10 Twns. 46 South Range 43 East Palm Beach Co. Fl., East of Ocean Blvd. The Special Master appointed by the Town Council to hear code enforcement cases for the Town of Gulf Stream, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Enforcement Hearing held on the 8' day of September, 2003, and based on the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT 1. The Respondents, John W. and Barbara S. Wynne, were not present al the hearing, however, there was a finding of proper notice. 2. The Town Manager, William Thrasher, testified to and introduced photographs of the violation. Sep 10 03 10:43a Town of Gulf Stream 561 737 Oise p.2 CONCLUSIONS OF LAW Respondents are in violation of Section 66 -141 (2) > of the Code of Ordinances of the Town of Gulf Stream. •M It is the Order of the Code Enforcement Special Master that Respondents, Jo',m W. and Barbara S. Wynne, shall comply with Section 66 -141 (2) f, of the Code of Ordinances of the Town of Gulf Stream by the 23d day of September, 2003. If Respondents do not complywithin the time specified, a fine ofone - hundred- fifty - dollars ($150.00) per day shall be assessed for each day the violation continues to exist. A Fine Assessment Hearing will be held before the Special Master on the 26"' clay of September, 2003, at the Town of Gulf Stream, 100 Sea Road, Gulf Stream, Florida, at 10:00 a.m. The Town is hereby awarded their administrative costs, the amount ofwhich will be determined at the Fine Assessment Hearing. A certified copy of this Order maybe recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property of the original amount upon which the violation existed and upon any other real or persona] property owned by the Respondent, pursuant to Chapter 162, Florida Statutes for the original amount. Upon complying, it is the responsibility of the Respondents to notify the Gulf Stream Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property. DONE AND ORDERED this 8 " day of September, 2003. TOWN OF GULF STREAM CODE ENFORCEMENT BY: 107G'r.Iri'� _ Special Master h �. Gb. GVJU'J 66-111 7•�CHI'1 ivnI z rvDiGm JVt'9101VIt a C,tW STREAM CODE rantly different in color, teticture, or appearance than the existing mate rials. e. Changes in exterior wall, rooi -mg, window or door colors which do not require a building Permit; f. Increases or decreases in impervious surface areas or changes in impervi- ous surface materials; Walls, fences and driveway gates not within the North Ocean Boulevard Overlay District- b_ 'Minor improvements and landscap- ing along A1A and fences or walls along side property lines that are within the 50 -foot North Ocean Bou- levard Overlay District - i 'Removal of up to two trees over eight inches in caliper, provided that rea- sonable replacement tree(s) are pro- Posed- (2) projects requv'zng level 2 architecturall site plan revzcm. a. Detached, habitable, minor acces- sory structures; or b. S xpansions of evsting r>m� than accessory structures of greater 300 square feet or ten percent of the existing total floor area on the prop- erty, but not larger than 50 percent; c. Demolitions Of 'fisting primary or accessory structures of greater than 300 square feet or ten percent of the existing total floor area on the proP- erty but not more than 50 percent; d projects which utilize design styles, elements or materials in a manner classified as discouraged by the Gulf Stream Design 'Manual in the appli- cable zoning district; e. Removal of more than two trees of over eight inches in caliper, or re- moval of any trees where replace- ment trees are not proposed. Not- withstanding the foregoing, removal or alteration Of more than 50 percent Of vegetation on a site requires level III approval. £ l andscaping entrance gates ma- jor additions or removal l and perimeter walls parallel to ALL that are within the 50 -foot North Ocean Boulevard Overlay District; g. Development proposals which other- wise would require a level i archi- tecLu al/site plan review but which also require a sign review; ly Development proposals which other- wise would require a level 1 archi- teetarallsite plan review but which, in the opinion of the planning building ar7ministrator, warrant a level 2 architecturaVsite plan review due to the development's potential impacts. (3) projects requiring level 3 architecturalI site plan reuiew. a_ New primary structures; b. Expansions of e3'sting rimary or accessory structures of greater 50 percent of the e fisting total floor area on the property; C. Demolitions of existing Prom` or accessory structures of greater than 50 percent of the existing total floor area on the property, d. Development proposals which re- quire a variance; e. Development proposals which re- quire a special exception; f. Development proposals which are the subject of a development agreement; g. Development proposals which re- quire asubdivision; h Development proposals which re- quire an amendment to the official zoning map; i Development proposals which re- quire an amendment to the future land use map of the comprehensive j Development proposals which are deemed developments of regional im- pact pursuant to F.S. § 380.06 or which are snbj review t jurisdictional impacts u he pro - visions of the intergoveznmental co- ordination element of the adopted comprehensive plan; lL Clearing of more than 50 percent of a site's existing vegetation; CD66:32 Suap. No. 1 $ 66-142 ZONING L Development proposals which other- wise require a level 2 architectural/ site plazi review but which in the review opinion n g b architectural a level and planning 3 architecturallsite plan review due to the project's potential impacts. (Ord. No. 95-1, § 2,1- 30 -95; Ord. No. 00 -1, §§ 10- 13, 3- 10 -00) Sec. 66.142. Review authorities. (a) Level 1 architectural/ site plan review. The planning and building administrator shall act as the final review authority an all applications for level l architecturallsite plan reviews pursuant to the provisions of the section. (b) Level 2 architectural /site plan review. The architectural review and planning board shall act as the final review authority on all applications CD66:32.1 Supp. No. i F C IJ 7 J J J' g s6 -1 vu.... oinsuun Public utility shall mean any publicly or pri- vately' owned utility such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, telephone lines; whether underground or overhead. Record lot. See Iiot of record. Recreational vehicle shall mean a vehicular type unit primarily designed for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, truck camper, and motor home, boat, all- terrain vehicle (ATVs).. Residence. See Dwelling. Residential use shall mean use of land or structures thereon, or portion thereof, for residen- tial occupancy of a permanent or semipermanent nature; but not including occupancy of a transient nature such as in hotels or time- sharing uses. Restrictive, more (less), shall mean a regulation imposed by this chapter is more (less) restrictive than another if it prohibits or limits development to a greater (leaser) extent or by means of more (less) detailed specifications. Right -of -way shall mean a street, alley or other thoroughfare or easement, whether physically _ accessible or not,.which has been permanently established or dedicated for the passage of per- __ sons or vehicles. Title to this land remains with the public until the need no longer exists and is thereby abandoned. Sand dunes shall mean naturally occurring accumulations of sand in ridges or mounds land - ward of the beach. Satellite television antenna system shall mean a system of equipment designed to receive satel- lite television and radio signals for distribution to private residences including both single - family dwellings and multifamily dwellings. Satellite television antenna system does not apply to cable television systems which are governed by sepa- rate franchise and federal regulations. Screening (concealing) shall mean a structure of metal, masonry, wood, landscape planting or other suitable opaque material, for the purpose of totally concealing from view those areas so screened. Setback shall mean the horizontal distance between the front line, side line or rear line of the building site to the front, side or rear of the building or structure respectfiilly. Setbacks shall be measured perpendicular to and parallel with property or right -of -way lines. For purposes of calculating setback distances, the beginning point of measurement shall be the wall of the building or structure unless the bay window, bow window, fireplace, chimney or save extends greater than 2Y2 feet from the wall of the building or structure, in which case the edge of the bay window, bow window, fireplace, chimney or save minus 2112 feet shall constitute the beginning point of measure- ment. For purposes of this chapter, bay and bow windows are limited to one -third of the length of the wall of the building or structure. Setback, centerline. See Street centerline set- back. Sign shall mean any advertisement, Announce- ment, direction, or communication produced in whole or in part by the construction, erection, affixing, or placing of a structure on any land or water or on any other structure, or produced by (attaching on or posting or placing any printed, 'lettered, pictured, figured, or colored material on any building, structure or surface> Signs placed or erected by governmental agenc54s or nonprofit civic associations for a public purpose in the public interest shall not be included herein, nor shall this include signs which are a part of the architectural design of a building. Every sign, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign and street clock shall include any announcement, declaration, dem- onstration, display, illustration or insignia used to advertise or promote the interests of any person when the same is placedin view of-the- general public are included in this definition. Single - family dwelling. See Dwelling, single - family. Site or development plan shall mean a graphic and informative representation of a specific de- sign solution for an entire project or development phase thereof, which meets the requirements and conditions of the applicable sections of this chap- ter. Special exception shall mean a use that would not be appropriate generally or without restric- tion throughout the zoning district, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or the gen- eral welfare of the district and the community. Such uses may be permitted in such zoning dis- CD66:14 8) front yard driveway for a period not ex- ceeding four hours in any one 24 -hour period. None of the vehicles or equipment de- scribed in this section may be parked on a vacant lot within the town; however, such equipment may be parked on a lot adja- cent to a lot containing a single - family residence subject to a unity of title being executed by the owner thereto and re- corded in the public records of the county, such unity of title tying thereto the vacant lot and the adjacent property containing the single - family residence. Any of the equipment described in this section which is parked on the vacant lot shall comply with all provisions of this section. .b) This section shall not apply to the parking vans and similar types of vehicles used prima - for personal transportation rather than com- -cial purposes. rd. No. 83 -1, § 2(X, L, 1), 4 -8 -83; Ord. No. 92-4, P.. 9- 28 -92; Ord. No. 00 -1, § 22, 3- 10 -00) . 66 -417. Same On public property; ex- ceptions. EL) No commercial vehicle or truck over three - arter -ton rated capacity, may be parked on any operty or right -of -way within the town. b) This restriction shall not apply to: (1) The temporary parking of such vehicles on private property in residential areas whereon construction is underway for which a current and valid building permit has been issued by the town and such permit is properly displayed on the pre- mises. '2) Routine deliveries by tradesmen or the use of trucks in making service calls, providing that such time period is actu- ally in the course of business deliveries or servicing, as the case may be. 3) The parking of emergency vehicles, pro- viding that the time parked is actually necessary for the emergency. 4) A situation where such vehicle becomes disabled and, as a result of such emer- gency, is required to be parked within a residential district for longer than the time allowed herein. However, any such vehicles shall be removed from the resi- dential district within 24 hours by wrecker ZONING § 66-446 towing, if necessary, regardless of the na- ture of the emergency; and the cost of such towing shall be at the expense of the owner of the vehicle. (Ord. No. 83 -1, § 2(X, L, 2), 48 -83) Secs. 66- 418 -66 -430. Reserved. DIVISION 6. SETBACKS Sec. 66 -431. State Road AlA. (a) There is hereby fixed the setback distance for the construction and erection of buildings and improvements along the right -of- -way of State Road ALA through the town at 78 feet from the centerline of the road unless otherwise specified in the Code. (b) No building permit shall be granted by the town for the construction of buildings or other improvements within 78 feet of the centerline of State Road AlA. (c) Any buildings, improvements or facilities now existing which are located within a distance of less than 78 feet from the centerline of State Road AIA are classified as nonconforming uses, but such uses shall not be extended and all future changes or alterations shall conform to the set- back line. (Ord. No. 83 -1, § 2(X, D, 1 -3), 4 -8 -83; Ord. No. 00 -1, § 23, 3- 10 -00) Sec. 66 -432. Coastal areas. Construction in coastal areas of the town must comply with all of the provisions of the "Palm Beach County Coastal Construction and Excava- tion Setback Ordinance No. 72 -12" and the con- struction control line established by the state bureau of beaches and shores, which ordinance or its successor shall prevail in the absence of a conflicting town ordinance. (Ord. No. 83 -1, § 2(X, D, 2), 4 -8 -83) Secs. 66- 433 -66 -445. Reserved. DIVISION 7. SIGNS Sec. 66 -446. Restriction generally. (a) The erection, display and maintenance of a sign on any property or building within the town is prohibited except the following, which are per- mitted: (1) Signs required by the town or other gov- ernmental agencies where required by ). No. 1 CD66:65 E § 66-446 GULF STREAM CODE law and those which are necessary and incidental to the performance of govern- mental activities and responsibilitids., (2) Signs required by a club designating and namin'the club as well as those signs providing notice to the public designed to prevent trespassing and/or the use of the club's property by persons other than those authorized by such club. (3) Signs required by owners of private prop- erty including their agents and contrac- tors shall be limited to: a. Only one real estate sign, which shall be removed within 48 hours of the sale `or rental of the property on which the sign is located. b. Only one sign which identifies con- tractors and/or subcontractors and their building or renovation activi- ties only in relation to such activities as are being conducted on the partic- ular property on which the sign is to be erected, displayed and main- tained. Such sign shall be perma- nently removed prior to the issuance of a certificate of occupancy or final inspection for the building or reno- vation activity described on the sign. (4) Owners of private property may erect, display and maintain a sign identifying their name or ownership, entrance and exit roads and street number identifying such property. (b) Except for the designation of resident name, property owner, location,,or address, the erection, display, and maintenance of an illuminated sign on any property is strictly prohibited. (Ord. No. 83 -1, § 2(X, C), 4 -8 -83) Sec. 66 -447. Specifications for permitted signs. Any real estate sign offering property for sale or rent may be double -sided in design, however, it shall not exceed two square feet in total dimen- sion. Color of signs shall be a white background with black lettering thereon. There shall be no raised lettering. Further, no such real estate sign shall be extended or hung from a pole or poles, but shall be enclosed within a metal frame. The supporting member of the frame of the sign shall be installed into the ground to provide that the top of the face of such sign shall not be more than four feet above the finished grade of the ground. Supp. No. 1 CD66:66 Real estate signs shall consist of one sign only, and there shall be no accessory signs attached thereto or located within the frame in which the real estate sign is enclosed. Any other sign per- mitted herein shall not exceed a dimension of six square feet and shall be single -sided in design. All real estate signs must be located on the premises of the property being advertised for sale, no such signs being allowed on the public right -of -way or off -site. Any sign erected, displayed or maintained in violation of this section shall constitute a violation of this chapter. (Ord. No. 83 -1, § 2QX C), 4 -8 -83; Ord. No. 92.3, § 1, 9- 28 -92) Sec. 66 -448. Approval required. Except for the placement of real estate signs, all signs shall first be reviewed and approved by the architectural reivew and planning board prior to the placement of such signs. (Ord. No. 83 -1, § 2(X, C), 4 -8 -83) c An beginning at Sea Road on the •iding to Pelican Lane on the south; feet east and west from the east and Ps of the right -of -way of Al2: (North Lrd), such overlay district to include .way. 6, § 1, 10- 21 -91) Permit— Required. odification or addition of signifi- featuresin the North Ocean Bou- ay District is prohibited without a ` for the removal and replacement of :ed trees and vegetation and that ;ult of maintenance of plant materi- �lawn care, pruning and accepted iractices. For the purposes of this _!cant landscape features shall in- be limited to, trees having a caliper r greater, masonry walls, ornamen- iamental shrubs, berms, columns, driveways or other structures within -an Boulevard Overlay District. 6, § 2, A, 10- 21 -91) Same — Application. for a North Ocean Boulevard Over- all be made in writing by the owner, s authorized agent, to the planning dministrator, and shall include the tement describing the extent and for the intended disturbance. ient photographs of the site and of ling properties as viewed from the right -of -way of North Ocean Bou- ,, drawn to scale, showing the area iisturbed with respect to existing , oposed buildings, driveways, set- , street and lot lines; and showing ;m ficant landscape features to be pd, modified or altered. The plan Jac show the location, type and size - proposed plantings and/or struc- aithin the area to be disturbed. (6, § 2, B, 10- 21 -91; Ord. No. 00 -1, Same— Issuance. .Ocean Boulevard Overlay permit ntaining the required information with the town in the same manner ZONING § 66 -327 and be acted upon in the same manner as is required'by the- town for site plan review. How- ever, there shall be no charge for a permit for those seeking authorization for removal, modifi- cation or destruction. A permit shall be approved where the town finds that the disturbance will neither destroy nor seriously impair desirable visual relationships among buildings, landscape features and open space, nor introduce incompat- ible landscape features or plant material that destroys or impairs significant views or vistas within the North Ocean Boulevard Overlay Dis- trict. (Ord. No. 91 -16, § 2, C, 10- 21 -91; Ord. No. 00 -1, § 15, 3- 10 -00) Sec. 66 -325. Mitigation. T. If a North Ocean Boulevard Overlay permit is granted, the town may require mitigation as a condition of the granting of such a permit. Miti- gation shall be in a form and manner directed by the town commission which may require the re- placement of significant landscape features else- where on the property within the North Ocean Boulevard Overlay District in a manner so as to cause the least impact possible to the visual and aesthetic quality of the North Ocean Boulevard Overlay District. Mitigation, for example, may require the planting of canopy trees or the instal- lation of other significant landscape features. COrdNo_91_16,_§ 2, D, 10- 21 -91; Ord. No. 00 -1, §§ 15, 16, 3- 10 -00) Sec. 66 -326. Driveway cuts, within the North Ocean Boulevard Overlay District only one driveway cut per buildable lot shall be allowed, the driveway to be situated in a manner so as to require the least disturbance of significant landscape features. (Ord. No. 91 -16, § 2, E, 1, 10- 21 -91) Sec. 66 -327. Signs. Signs shall be prohibited within the North Ocean Boulevard Overlay District, except the following: (1) Official road signs, including traffic con- trol devices, erected by the department of transportation or by the town having ,ju- risdiction over the portion of the North Ocean Boulevard Overlay District ill-, volved. CD66:59 (2) -Address signs and signs designating the Cname_o\r` the owner of an estate or the § 66 -32 7 GULF STREAM CODE name of a condominium or club and signs necessary to designate entrances and ex- its. (3) Signs ;not visible from North Ocean Bou- levard. (4) '. Real estate signs which are in conform- ance with section 66-446 et seq. (Ord. No. 91 -16, § 2, E, 2, 10- 21 -91) Sec. 66 -328. Alteration, expansion prohib- ited- The alteration or expansion of the physical dimensions or location of North Ocean Boulevard within the overlay district is prohibited. This prohibition shall not preclude ordinary mainte- nance and repair. 10- 21 -91) (Ord. No. 91 -16, § 2, E, 3, Sec. 66 -329. Maintenance. The provisions of this article shall not restrict the trimming or removal of vegetation in the North Ocean Boulevard Overlay District by util- ities where such trimming or removal is deemed necessary by the utilities for the maintenance and protection of utilities located within the corridor. (Ord. No. 91 -16, § 2,-E, 4, 10- 21 -91) such property and that such change would negate the application of zoning requirements relating to the proposed use, the town may require the prop- erty owner(s) to execute a unity of title declare -. tion as a condition precedent to the issuance of a building permit for the proposed use. The unity of title declaration shall apply to all the property necessary for the proposed use, and shall declare that no portion of said property shall be sold or transferred by the owner or successors in interest apart from the whole. (b) If there is a sale or transfer in contraven- tion of a unity of title declaration, no building permit will be issued for any portion of the prop- erty contained in the unity of title declaration. Declaration shall remain in effect until a release of the unity of title declaration is executed by the town. (c) The unity of title declaration shall be filed at the expense of the owner in the public records of the county. Proof of such filing shall precede the issuance of a building permit- (Ord. No. 83 -1, § 2(7, IQ, 4 -8 -83) Sec. 66 -352. Nuisances- No use shall be made of any property within district that shall in any way be offensive or Sec. 66 -330. Recreational uses. Recreational uses, including basketball goals, tennis courts, and swimming pools shall not be located within the 50 -foot North Ocean Corridor and shall be completely screened from view of AIA. All existing tennis courts may remain in their present location but shall meet the screen- ing requirements of this section. (Ord. No. 00 -1, § 17, 3- 10 -00) Secs. 66- 331-66 -360. Reserved. ARTICLE VIII. SUPPLEMENTARY DISTRICT REGULATIONS* � DIVISION I. GENERALLY Sec. 66 -361. Unity of title declaration. (a) Where it reasonably appears that a certain proposed use of property, as set forth in an aPPh- cation for a building permit, may subsequently be changed by the sale or transfer of a portion of * Crosa references — Coastal construction code, § 42 -51 at seq.; marine facilities, structures and places, ch. 52. Supp. No. 1 an J noxious by reason of the emission of any dis- charge, odor, gas, dust, smoke, vibration or noise; nor shall .any vehicle be parked or used in any way that would- constitute -a- nuisance; nor shall anything be constructed or maintained that would in any way constitute a nuisance to adjacent property owners, residents or to the col"'unity Each use shall be operated so as to lessen the damage from fire and explosion. (Ord. No. 83 -1, § 2(%, J), 4-8-83) Cross reference — Nuisances, ch. 22• Secs. 66. 363-66 -366. Reserved. DIVISION 2. ACCESSORY STRUCTURES AND RECREATIONAL FACILITIES Sec. 66 -366. Antennas and antenna systems/ structures. (a) Broadcast receiving antennas or commum- cation antennas may be permitted in any zoning district upon site plan review and approval Y the town commission and upon issuance of a building permit by the town. CD66:60 li "u COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS 11 WILLIAM A. LYNCH May 1, 2003 Todd Messenger Siemon & Larsen, P.A. 433 Plaza Real, Suite 339 Boca Raton, FL 33432 RE: Mr. and Mrs. John Wynne 1511 North Ocean Boulevard Etched Glass Entry Columns Dear Mr. Messenger: TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA This is a follow up to recent conversations in regard to this matter. eG' TGM Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H own [ECIEOVIE kL MAY 2 E03 THRASHER Clark TAYLOR As you are aware, the Gulf Stream Architectural Review and Planning Board took no action in regard to your clients' application for clarification relating to the above referenced matter. A copy of the Town's letter relating to this matter is enclosed. Subsequent to the meeting of the ARPB, your office requested information which would allow you to file for an appeal regarding your clients' application. Although there was no action to appeal, we did originally, prior to the A .PB meeting, provide you with a list of the materials necessary for an application for review by the ARPB. You subsequently requested forms for the approval of an address sign. As advised, we do not have any forms for the approval of address signs. As previously advised, however, the Town does not consider the Wynnes' etched glass design located on the entry columns to be an address sign, but rather a part of the architectural features of the structure which are reviewable by ARPB. It is the position of the Town that the Wynnes' entry columns as designed, having not been approved by the ARPB, are in violation of Town code. Therefore, unless we hear something from you by the end of next week, May 9, 2003, as to the intent of your clients to comply with the Town's code, we will have no other course of action but to issue a notice of appearance for your clients to appear before the Special Master. Sincerely, 1 k�,-; jlt;� IT����t William H. Thrasher Town Manager cc: John Randolph, Attorney enclosure 100 SEA ROAD, GULF STREAM, FLORIDA 33483 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS 11 WILLIAM A. LYNCH March 5, 2003 Mr. and Mrs. John Wynne 1511 N. Ocean Blvd. Gulf Stream, FL 33483 Re: 1511 N. Ocean Blvd., Gulf Stream, FL Dear Mr. and Mrs. Wynne: - Y L E 2 2003 I I I I. . Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager LIAM H. THRASHER Town Clerk RITA L. TAYLOR This is to confirm that at the meeting held by the Architectural Review and Planning Board on F ebruary 27, 2 003, your r equest for clarification relating to the etched g lass entry columns at the above address was considered. The Board took no formal action and, on the basis that the etched glass entry column signs were not incorporated in and were not a part of the plan previously approved by the Board. The Board, after deliberation, chose to take no action, thereby standing by its previous approval. Although no motion was made, discussion reflected that the Bard members were of the opinion that the etched glass entry column signs are not typically associated with and consistent with the Mediterranean style architecture that has been previously approved. If you have any questions, please do not hesitate to call. Sincerely, �n Yvlinne Manboard Deputy Town Clerk cc: Wendy Larson, Attorney 100 SEA ROAD, GULF STREAM, FLORIDA 33483 COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH June 3, 2003 TOWN OF GULF STREAM PALM 'BEACH' COUNTY, FLORIDA NOTICE OF VIOLATION Mr. & Mrs. John Wynne 1511 N. Ocean Boulevard Gulf Stream, Florida 33483 RE: Revised Entrance Column Design Dear Mr. & Mrs. Wynne: Telephone (561) 276-5116 Fax (561) 737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR CERTIFIED MAIL RETERN RECEIPT REQUESTED In April 2002, it was noted that the design of the entrance columns had been changed after the Certificate of Occupancy had been issued for the new structures at 1511 N. Ocean Boulevard. A review of the records revealed that the original design had been approved on January 14, 2000. A revised design was approved at a hearing before the Architectural Review and Planning Board on September 27, 2001. The Certificate of Occupancy was issued based on this design. In that the existing columns did not receive approval from the Architectural Review and Planning Board, they are in violation of Section 66- 141(2)f. which provides that new entrance gates along State Road AlA require a Level 2 Architectural/ Site Plan Review. This is to be considered official notice to alter the design of the entrance columns to conform to the design that was approved on September 27, 2001 within 15 days. Failing to comply with this order shall result in further action as provided in Chapter 2, Article III, Division 2 of the Code of Ordinances, a hearing before the Special Master for Code Enforcement. IVery truly pyours, William Thrasher Town Manager K'o 100 SEA ROAD, GULF STREAM, FLORIDA 33483 [ [l C o° N m Q r T CO CO c C 0 LL - IN la ;z E313 m 00 > �l V kj m o° N m Q r T CO CO c C 0 LL - IN la SIEMON & LARSEN, P.A. Mizner Park 433 Plaza Real, Suite 339, Boca Raton, Florida 33432 Telephone (561) 368 -3808 - Facsimile (561) 368 -4008 E -Mall - info @siemonlarsen.com May 9, 2003 VIA U.S. MAIL AND FACUAME (561) 737 -0188 William H. Thrasher Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Dear Mr. Thrasher: This letter is in response to your letter dated May 1, 2003, in which you responded to our request for an application to review the Wynne's address signs by advising us that the Town does not have any forms for the approval of address signs, and, further, that it is the Town's position that the Wynne's "entry columns as designed" are in violation of Town Code. You also requested that we respond by May 9, 2003, as to the intent of our client's to comply with the Town's Code. Put simply, we believe that the Wynne's are already in compliance with the Town's code. The Town defines signs as "any ... announcement ... or communication produced ... by affixing ... a structure ... on any other structure, or ... by attaching on or posting.. . any printed, lettered, pictured, figured, or colored material on any building, structure, or surface." § 66 -1, TOWN OF GULF STREAM, FLORIDA, CODE OF ORDINANCES (2003) ("Town Code'D. The Wynne's signs are etched glass that is attached to the columns at the entry gates with exposed screws. They are simply not "part of the architectural features of the structure," but are, rather, "lettered, pictured, ... material" that is attached to the surface of the columns. Since the panels are signs, they are permitted by Sec. 66- 446(a) of the Town of Gulf Stream Code, which states in pertinent part: Owners of private property may erect, display and maintain a sign identifying their name or ownership, entrance and exit roads and street number identifying such property. William H. Thrasher Page 2 of 2 May 9, 2003 The Code also specifically permits the signs within the North Ocean Boulevard Overlay District: Signs shall be prohibited within the North Ocean Boulevard Overlay District, except the following: * * * (2) address signs and signs designating the name or the owner of an estate .... § 66 -327, Town Code. The Town has not provided the Wynne's with a specific citation that supports its position that the Wynne's are in violation of the Town Code. We have searched in vain for such a Code provision. Accordingly, in the absence of a specific, clear right of the Town to seek removal of the signs, it is the Wynne's intent to keep them in place — as they had been for many years prior to the reconstruction of the Wynne's house. Moreover, the Wynne's have indicated that they are prepared to vigorously defend their right to keep their signs. Ver truly } ur Todd G. Mes nger 4z 4 Sep 03 03 07:21a Town of Gulf Stream 561 737 0188 p.35 Sep 03 03 07:25a Town of Gulf Stream n p � e 561 737 0188 p.36 SIEMON & LARSEN, P.A. Mizner Park 433 Plaza Real, Suite 339, Boca Raton, Florida 33432 Telephone (561) 368 -3808 - Facsimile (561) 368 -4008 E -Mail - info @siemonlarsen.com June 9, 2003 YIA U.S. MAIL AND FACSIMILE (561) 737 -0188 William H. Thrasher Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Dear Mr. Thrasher: This letter is in response to your "Notice of Violation" letter dated June 3, 2003. The Notice of Violation asserts that the Wynnes are in violation of Section 66- 141(2)f TOWN OF GULF STREAM, FLORIDA, CODE OF ORDINANCES (2003) (Gulf Stream Code), "which provides that new entrance gates along State Road AIA require a Level 2 Architectural/Site Plan Review." The Wynnes installed their entrance gates in accordance with the plans approved by the Architectural Review and Planning Board. Accordingly, there is no violation of Section 66- 141(2)f. The Wynnes have attached address signs to the approved gates. The address signs are clearly not "new entrance gates," and they are permitted as a matter of right by the Gulf Stream Code. See § § 66446(a), 66 -327, Gulf Stream Code. The Town has informed the Wynnes in writing that there is no approval process for address signs by letter dated May 1, 2003. Because the signs are permitted as -of -right without Town approval, the placement of address signs on the approved gate columns is not a violation of the Gulf Stream Code. Because the Wynnes are not violating the Gulf Stream Code, they respectfully request that the Town withdraw its Notice of Violation. The Wynnes remain prepared to vigorously defend their right to keep, their address signs in place. cc: Client D. Dickenson -R Sap 03 03 07:18a COMMISSIONERS WILLIAM F. KOCH. JR. Mayor JOAN K. ORTHWEIN. Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH Town of Gulf Stream 581 737 0188 p.33 TOWN OF (MLF STREAM PALM BEACH COUNTY, FLORIDA "elephana • (56I) 276 -517fi Fax (561) 737 -0188 To,m Manager WILLIAM H. THRASHER -' Town Clerk RIT % L TAYLOR April 25, 2002 Mr. Peter Inca P. O. Box 2553 Delray Beach, EL 33447 RE: Wynn Residence 1511 North Ocean Boulevard Dear Mr. Ince: I write this in reference to the house number signs at the above property. The signs, as indicated on the enclosed pictures, were not on the original application. A request for the signs must be submitted and approved by the Architectural Review and Planning Board. I appreciate your cooperation in this matter. Sincerely, William H. Thrasher Town Manager 100 SEA ROAD. GULF STREAM, FLORIDA 33483 Y BEFORE THE CODE ENFORCEMENT SPECIAL MASTER OF THE TOWN OF GULF STREAM, FLORIDA TOWN OF GULF STREAM, Petitioner, V. Case No. CE -4 -03 JOHN W. AND BARBARA S. WYNNE, Respondents RESPONDENTS' HEARING BRIEF COMES NOW, Mr. John W. Wynne and Mrs. Barbara S. Wynne, who by and through their undersigned counsel, respectfully submit this Respondents' Hearing Brief for the convenience of the Special Master in the disposition of this case, and state as follows: • The Wynnes stand accused by the Town of violating a section of Town Code which does not apply m any way to the cucumsCances of this case. The Wynnes submit that they are in full compliance with the Town's applicable regulations, and respectfully request that the Special Master dismiss the Statement of Violation and Notice of Hearing with prejudice. THE ALLEGED VIOLATION The Statement of Violation and Notice of Hearing — which as a matter of constitutionally mandated due process of law, is supposed to put the Wynnes on notice as to what they are accused of — provides: At issue: the Wynnes entry gate column with the attached etched glass address sign. 4. Violation of Town Code Sections) and description(s): Section 66- 141(2)f. provides that new entrance gates along State Road AlA require a Level 2 Architectural/Site Plan Review. A design was I approved by the ARPB and columns were constructed, inspected and approved. Subsequently, etched glass signs were attached to each column which were not a part of the design that was approved. Section 66- 141(2)£, which the Town accuses the Wynnes of violating, provides in its entirety: Projects requiring level 2 architectural/site plan review f. new entrance gates along a A IA, major landscaping additions or removal and perimeter walls parallel to A I A that are within the 50 -foot North Ocean Boulevard Overlay District. NOTHING IN THE TOWN CODE REQUIRES LEVEL 2 ARCHITECTURAL/SITE PLAN REVIEW BEFORE A PROPERTY OWNER IS PERMITTED TO ATTACH ADDRESS SIGNS TO EXISTING ENTRANCE GATE COLUMNS. THE KEY FACTS r • It is undisupted that the Wynnes constructed their entry gates (including the gate columns) according to the approved plans. The Town admits that the gate columns were constructed, inspected, and approved." • The Wynnes- attached- etched- glass- signs to their existing — approved The Wynnes' address signs and inspected — entry gates. They are attached to the approved did not construct new gates. They just entry gate columns with screwed the signs onto the existing screws. The columns were not modified to accommodate columns. the address signs. • Other homes in Gulf Stream have also attached address signs to their walls and gate columns. Examples are provided below and on the top of the next page. ARGUMENT A. THE WYNNES' "ETCHED GLASS SIGNS" ARE PERMITTED "ADDRESS SIGNS" FOR WHICH NO REVIEW IS REQUIRED. • The Town Code defines signs as: any... announcement... or communication produced ... by affixing ... a structure ... on any other structure, or ... by attaching on or posting ... any printed, lettered, pictured, figured, or colored material on any building, structure, or surface. • The Wynnes attached "etched glass signs" to their entry gate columns. The etched glass signs communicate the Wynnes address number (lettering) and a palm tree (a picture). The signs are attached to the entry gate column structure with screws. Accordingly, the "etched glass signs" are address signs. • In an abundance of caution, the Wynnes requested an application for approval of their address signs. The Town notified the Wynnes in writing that the Town has no process for approving address signs. • The Wynnes' property is located in the North Ocean Boulevard Overlay District. That district allows "address signs and signs designating the name or owner of an estate ...." § 66- 327(2), Town Code. The Wynnes' "etched glass signs" are permitted "address signs." • Additionally, in general, signs are regulated by Section 66 -446, Town Code, which provides "Owners of private property may erect and maintain a sign identifying their ... street number. . ' § 66- 446(4), Town Code. B. THE WYNNES' ADDRESS SIGNS COMPLY WITH THE APPLICABLE PROVISIONS OF THE TOWN CODE. Section 66 -447, Town Code, provides that signs (except real estate signs) "shall not exceed a dimension of six (6) square feet ..." The Wynnes signs are approximately 3.6 square feet — well within the Town's limitation. CONCLUSION The Wynnes respectfully submit that their etched glass signs are permitted without Town review, and the accusation that the Wynnes have constructed "new entrance gates along State Road AIA" without a required "Level 2 Architectural /Site Plan Review" is factually and legally incorrect. Wherefore, the Wynnes respectfully request that the special master dismiss the Town's Statement of Violation and Notice of Hearing with prejudice. Respectfully submitted this 10th day of October, 2003, by: SIEMON & LARSEN, P.A. Mizner Park 433 Plaza Real, Suite 339 Boca Raton, Florida 33432 (561) 368 -3808 Fac e (561) 0 8 BY: Todd a Mes nger Florida Bar No. 0385514 Attorney for Respondent FU IM Postage s .74 ru Centried Fes 2.30 -0 Postmark ,U Return Racmipt Fear (Endorsement Required) 1.75 Hem C3 Restricted! Delivery Fee C3 (Enclorsernarl Required) O Total Postage & Fees $ 4.79 -1 UrIl ru Sent TO Mr. & Mrs. Hohn W. Wynne r-I ................ Street. Apt. No.; O'POB-AID. 1511 ..... N. ocean Blvd. Stream, FL 33483 Certified Mail Provides: • A mailing receipt • A unique identifier for your mailpiece • A signature upon delivery r • A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. • Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. • For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Retum Receipt (PS Form 38111 to the article and add applicable postage to cover the fee. Endorse mailpiece Return Receipt Requested ". To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is required. • For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". • If a postmark on the Certfed Mail receipt is desired please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, January 2001 fRererse) 102595- 01 -M -1 D49 " Compete Items 1, 2, and 3. Also complete A. s ature - item '4 if Restdcted.Delivery is desired. Q' Agent " PHnt your name and address on the reverse 10 0 Address so that we can return the card to you. B. Rec by Name C. Date of Delve " Attach this card to the back of the mailpiece, c or on the front if space permits. D. 48 i sac. t rmm item 1? If Y S, teiWeery below: Q' vea Q' No 1. Article Addressed to: Mr. & Mrs. John W. Wynne 1511 N. Ocean Blvd. `e Gulf Stream, FL 33483 e 13 3. Service Type 2 Certified Mail Q' Express Mail Q' Registered lP Return Receipt for Memhandi, 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. 7001 2510 0008 6293 0211 (Trans Thorn (Transfer /mm service lobe Rs Form 3811, August 2001 Domestic Return Receipt 10259502 -M -1 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Fermit Nc. G -10 • Sender: Please print your name, address, and ZIP +4 in this box TOWN OP GULF STREAM 100 SEA ROAD GULF STREAM, FLORIDA 33483 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Phone (561) 276 -5116 Fax (561) 737 -0188 CODE ENFORCEMENT SPECIAL MASTER TOWN OF GULF STREAM, FLORIDA CASE: CE 4 -03 August 5, 2003 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned herby gives notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) and more particular described herein, and requests a PUBLIC HEARING before the CODE ENFOECEMENT SPECIAL MASTER of the Town. 1. Location/Address where violation(s) 2. Legal 3. Name and address of owner /person in charge where violation(s) exist(s): John W. and Barbara S. Wynne, 1511 N. Ocean Blvd., Gulf Stream, Florida 33483 EN Q Violation of Town Code Section(s) acid entrance Bates alone State Road ALAII description(s):_ Section 66- 141(2)f. provides that new require a Level 2 Architectural /Site Plan Review. A design was approved by the ARPB and columns were constructed inspected and approved Subsequently, etched glass suns were attached to each column which were not a part of the design that was approved. (SEE ATTACHED `EXHIBIT OF VIOLATIONS Date of first inspection: April 25.2 Date owner first notified of violation(§): Attnv. Dickenson, representing Wynne ") IO2 Letter to contractor P eter Ince April 2 5 2 002, to May 16 2002 Courtesy Notice Jan. 16. 2003. Official Notice June 3, 2003 7. Date on/by, which violations are to be corrected: February 17, 2003 and June 18, 2003. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *IMPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Unless the violator corrects the violation(s) described herein by the date set forth above AND CONTACTS THE UNDERSIGNED CODE INSPECTOR AT (561) 276 -5116 to verify COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the town of Gulf Stream Code Enforcement Specia master on September 8. 2003 at 10:00 A.M. or as soon thereafter as the case can be heard in the Town Hall Commission Chambers located at 100 Sea Road, Gulf Stream, FL. YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MASTER at that time to answer allegations that you have violated the above cited sections of the Code of Ordinances of the Town of Gulf Stream. IF YOU FAIL TO ATTEND, presentation by the Town Code Inspector. Lu-f6)v William H. Thrasher, Town Manager .I .4' the Special Master may base his/her finding solely upon Town of Gulf Stream YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE August 31. 2003 , THAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT YOU ARE REQUESTING A REINSPECTION. IF THE VIOLATION(S) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR CORRECTION, OR IF THE VIOLATION(S) IS /ARE CORRECTED AND THEN RECURS, THE CASE MAY BE PRESENTED TO THE SPECIAL MASTER EVEN IF THE VIOLATION (S) HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MASTER HEARING. IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE CODE ENFORCEMENT SPECIAL MASTER THAT THE PARCEL OF REAL PROPERTY DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE VIOLATION. If the Special Master finds that you have committed a violation, he /she may order IMMEDIATE COMPLIANCE with the Code and if you fail to comply with such order within the time period set forth therein, he /she can IMPOSE A FINE OF UP TO $250.00 PER DAY for each violation remaining in non - compliance. , If the Town is successful in prosecuting your case before the Special Master, FINES WILL BE IMPOSED BY THE SPECIAL MASTER. SUCH FINES SHALL CONSTITUTE A LIEN ON ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE TO PAY SUCH FINES CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN. If you disagree with a decision of the Special Master, you may appeal to the CIRCUIT COURT OF PALM BEACH COUNTY within 30 (thirty) DAYS after the Special Master's Order is entered. If you wish to have the Special Master RECONSIDER your case for any reason or if your case was in fine and now complied and you wish to request a REDUCTION IN FINE an APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST MUST BE MET FOR THE SPECIAL MASTER TO RECONSIDER YOUR CASE. If a person decides to appeal any decision made by the Special Master with respect to any matters considered at subject meeting, they will need a record of the proceedings, and for such purpose, they may need to ensure that a vert atim record of the proceedings is made, upon which record includes testimony and evidence upoi i which appeal is based. (FS286.0105) PLEASE GOVERN YOURSELF A CORDINGLY N By: Rita Taylor,CYown Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 " � 66 =141 GULF STREAM CODE cantly different in color, texture, or appearance than the existing mate- rials. e. Changes in exterior wall, roofing, window or door colors which do not require a building permit; f. Increases or decreases in impervious surface areas or changes in impervi- ous surface materials; g. Walls, fences and driveway gates not within the North Ocean Boulevard Overlay District. h. Minor improvements and landscap- ing along AlA and fences or walls along side property lines that are within the 50 -foot North Ocean Bou- levard Overlay District. L Removal of up to two trees over eight inches in caliper, provided that rea- sonable replacement tree(s) are pro- posed. (2) Projects requiring level 2 architectural/ site plan review. a. Detached, habitable, minor acces- sory structures; and perimeter walls parallel to AlA that are within the 50 -Foot North Ocean Boulevard Overlay District; g. Development proposals which other- wise would require a level 1 archi- tectural/site plan review but which also require a sign review; h. Development proposals which other- wise would require a level 1 archi- tectural/site plan review but which, in the opinion of the planning and building administrator, warrant a level 2 architectural/site plan review due to the development's potential impacts. (3) Projects requiring level 3 architectural/ site plan review. a. New primary structures; b. Expansions of existing primary or accessory structures of greater than 50 percent of the existing total floor area on the property; C. Demolitions of existing primary or accessory structures of greater than 50 percent of the existing total floor area on the property; b. Expansions of existing primary or d. Development proposals which re- accessory structures of greater than quire a variance; --  - 300 - square- feet -or -ten- percent -of -the o nevelopment_ proposals which re- - -- - - -- existing total floor area on the prop- quire a special exception; erty, but not larger than 50 percent; f. Development proposals which are the C. Demolitions of existing primary or subject of a development agreement; accessory structures of greater than g. Development proposals which re- 300 square feet or ten percent of the quire a subdivision; existing total floor area on the prop- h. Development proposals which re- but not more than 50 percent; quire quire an amendment to the official d. Projects which utilize design styles, zoning map; elements or materials in a manner i. Development proposals which re- classified as discouraged by the Gulf quire an amendment to the future Stream Design Manual in the appli- land use map of the comprehensive cable zoning district; plan; e. Removal of more than two trees of j. Development proposals which are over eight inches in caliper, or re- deemed developments of regional im- moval of any trees where replace- pact pursuant to F.S. � 380.06 or ment trees are not proposed. Not- which are subject to review for extra - withstanding the foregoing, removal jurisdictional impacts under the pro - or alteration of more than 50 percent visions of the intergovernmental Go- of vegetation on a site requires level ordination element of the adopted III approval. comprehensive plan; �; New entrance gates along AIA, ma- k. Clearing of more than 50 percent of jor landscaping additions or removal a site's existing vegetation; Supp. No. 1 CD66:32 Palm Beach County Property Appraiser Property Search System Page 1 of 2 Gary R. Nikolits, CFA 41 Palm Beach County Appraiser Public Access System Home Property Information Search Location Address: 1511 N OCEAN BLV Search Re ult Municipality: DELRAY BEACH Property In 7orma9larcel Control Number: 20- 4346- 10 -00- 001 -0070 Owner Info mation Subdivision: Structural etail Official Records Book: 11645 Page: 1922 Sale Date: Feb -2000 Extra Featl. res 10- 46 -43, S 68 FT OF GOV LT 1 E OF OCEAN BLVD & PALM Legal Description: BEACHSHORE ACRES REV PL OF BLKS D &E PB7P38 N 82 FT OF LT 1 Land Detai BLK D Tax Detail Print Information Name: WYNNE JOHN W Mailing Address: 1511 N OCEAN BLV DELRAY BEACH FL 33483 7322 Certified Appraisal Improvement Value: $4,469,172 Land Value: $4,050,000 Market Value: $8,519,172 Use Code: 0100 Number of 2 Units: Total Sq. Ft: 15503 Acres: 1.00 Description: SINGLE FAMILY All Ownors... Structural... Extra... Land... 'cuuc Uernmeu lax Ad Valorem: $168,702.75 Non ad valorem: $208.00 Total: $168,910.80 octali... Certified Assessed & Taxable Values Assessed Value: $8,519,172.00 Exemption amount: $25,000 (2002 Exemption) Taxable: $8,494,172.00 -cuua cxempcuon Homestead Receipt #: 0206077 Exemption3621 S OCEAN BLV BOCA Address: RATON FL 33487 Regular Homestead: $25,000 TOTAL: $25,000 octall... Sales Information Sales Date Book Page Price Instrument Owner Feb -2000 11645 1922 4350000 WD �,V 11ttp: / /www.co. palm- beach.fl.us /papa/main/detail_ info .asp ?p_entity = 20434610000010070 8/1/2003 Palm Beach County Property Appraiser Property Search System Page 2 of 2 d• - Jun - 1984 04328 1672 199 Q6 Apr -1984 04251 0811 100000 WD Oct -1982 03808 1615 1000000 WD Jan -1978 02986 1007 100 00 Print Information 11 Home I sack I_ fSearchl I Search Result EEFA Please send us your feedback Copyright © 2002 by Palm Beach County Property Appraiser All Rights Reserved http:// Www. co. pa lm- beach.fl.uslpapalmainldetail_ info .asp ?p_entity = 20434610000010070 8/1/2003 Pllm Beach County Property Appraiser Property Search System Page 1 of 1 , Owner Detail Owners WYNNE BARBARA S WYNNE JOHN W Close Print Information http: / /Www.co.palm- beach .fl.uslpapalmainlOwner_Info. asp ?entity_id = 20434610000010070... 8/l/2003 M • $ 66-14 I GULF STREAM CODE (8) The goals, objectives, polices and future land use map contained in the adopted comprehensive plan. (b) Level 3 and level 3 architecturallsite plan review. The applicable recommending and final review authorities shall employ the following stan- dards when reviewing an application for a level 2 or level 3 architectural/site plan review: (1) The proposed project and plans shall com- ply with the building standards contained in chapter 42 of this Code. (2) The proposed project and plans shall com- ply with the concurrency management system standards contained in chapter 44 of this Code. ings. The site shall be developed in a manner that will not impede the normal and orderly development or improvement of surrounding prop- erty for uses permitted in this Code. b. Preservation of natural conditions. The landscape shall be preserved in its natural state, to the degree prac- tical, by minimizing tree and soil removal and by other appropriate site planning techniques. Terrain and vegetation shall not be disturbed in a manner likely to increase signifi- cantly either wind or water erosion within or adjacent to a development site. jay CD66:34 2 t. C. Screening and buffering. Fences, (3) The proposed project and plans shall com- walls, or vegetative screening shall ply with the flood prevention and protec- be provided where needed to protect tion standards contained in chapter 48 of residents and users from undesir- this Code. able views, lighting, noise or other (4) The proposed project and plans shall com- adverse off -site effects and to protect ply with the marine facilities, structures residents and users of off -site devel- and places standards contained in chap- opment from on -site adverse effects. ter 52 of this Code. d. Exterior lighting. Exterior lighting (5) The proposed project and plans shall com- shall not interfere with the quiet ply with the planning and development enjoyment of adjacent properties or standards contained in chapter 58 of this the safety of public rights -of -way. Code. e. Access to public ways. All develop - (6) The proposed project and plans shall com- ment sites s a ave safe and con - ply with the subdivision standards con- venient access to public rights -of- tafned in chapter 62 of this Code. way and/or other areas dedicated to common use. The location, size, and (7) The proposed project and plans shall com- numbers of access drives to a site ply with the zoning standards contained will be arranged to minimize any in chapter 66 of this Code, including the negative impacts on public and pri- Gulf Stream Design Manual. vate ways and on adjacent private (8) The proposed project and plans shall com- property. Traffic improvements shall ply with the goals, objectives, polices and be provided where they will signifi- future land use map contained in the cantly improve safety for vehicles adopted comprehensive plan. and pedestrians. (9) The arrangement and use of structures, f. Emergency access. Structures and mechanical equipment, patios, driveways, other site features shall be arranged walkways, on -site utilities, walls, fences, to permit access by emergency vehi- landscaping and other site plan elements cles to all buildings. and improvement shall meet the follow- (10) The character, design, architectural style, ing standards: form, mass, scale, and the location and a. Harmonious and efficient organiza- use of exterior architectural elements, ex- tion. All elements of a plan shall be terior materials, and exterior colors of organized harmoniously and effi- proposed structures and improvements ciently in relation to topography, the shall meet the following standards; size and type of the property af- a. Consistency of design and materials. fected, the character of adjoining prop- Proposed structures and improve - erty, and the type and size of build- ments shall utilize architectural jay CD66:34 2 t. CD66:35 - _ ZONING § 66 -145 forms, elements and materials which b. Proposed date of new construction; are typically associated and consis- C. The future use of new construction tent with the proposed architectural and its consistency with the criteria style. set forth herein; b. Consistency with other on -site struc- d. The landmark status, if any, of the tures. Proposed structures and im- structure proposed for demolition; provements shall be designed and utilize architectural forms, elements e. The conditions of the demolition re- and materials in a manner consis- lating to maintenance and landscap- tent with existing or proposed on- ing of the site during and after dem- site structures. olition. C. Consistency with surrounding off- (12) Proposed site, structural and improve - site structures. Proposed structures ment plans shall not adversely affect the and improvements shall be designed health, safety or welfare of on -site or and utilize architectural forms, ele- off -site occupants and shall provide the ments and materials in a manner following protection: consistent with, but not identical to, a. Protection of residential privacy. The existing or proposed off -site struc- proposed plan shall provide reason - tures in the surrounding area. able visual and auditory privacy for d. Consistency with structures in the all dwelling units located within and zoning district. Proposed structures adjacent to the site. Fences, walls, shall be designed and utilize archi- barriers and vegetation shall be ar- tectural forms, elements and mate- ranged to protect and enhance the rials in a manner consistent with, property and to enhance the privacy but not identical to, existing or pro- of on -site and neighboring occu- posed structures in the same zoning pants. district. b. Protection of property values. All el- e. Consistency with structures in the ements of the proposed plan shall be town. Proposed structures shall be designed and arranged to have a designed and utilize architectural minimal negative impact on the prop- ----forms;-elements and - materials in a arty values of adjoining property. manner consistent with, but not iden- C. Protection of use and enjoyment. All tical to, existing or proposed struc- elements of the proposed plan shall tures found elsewhere in the town. be designed and arranged to have a f. Consistency with Gulf Stream De- minimal negative impact on the use sign Manual. Proposed structures and enjoyment of adjoining proper - and improvements in single - family ties. zoning districts shall be designed (95 -1, § 2, 1- 30 -95; Ord. No. 97 -2, § 1, 7- 18 -97) and utilize architectural forms, ele- ments and materials in a manner Sec. 66 -145. Procedures for submitting and consistent with the standards con- processing applications. tained in the Gulf Stream Design (a) Level 1 architecturallsite plan review. The Manual, planning and building administrator shall re- g. Consistency with the character of the ceive, review and process applications for level 1 zoning district. Proposed structures architectural/site plan review in accordance with and site improvements shall be de- the following: signed and utilize forms, elements (1) Optional simultaneous processing with and materials in a manner consis- building permit application. At the option tent with the character of the zoning of the applicant, applications for level 1 district as described in article II of architectural/site plan review may be pro - the Gulf Stream Design Manual. cessed as a part of and simultaneously (11) The following shall be considered when with applications for building permits. reviewing proposed demolition plans: (2) Optional pre - application conference. At the a. Date of demolition; option of the applicant, a pre - application CD66:35 s ` ql 4I 03 zlw ZI 504%. tie j. y141o3 r Sep 03 03 07:06a Town of Gulf Stream 561 737 0188 .Reg:31'3r Meeting s Public Hearing Town` Commission- January 14, 2000 Page 2 1• An application submitted by Randall Stofft as Agent f'or Mr. & Mrs. John Wynne, contract purchasers of the currently owned by A. G. Pugliese that is located at Z51I N. Ocean Blvd. at 1511 described Gulf Stream, Florida, which is legally in metes and bounds in Government lot 1, Section 10 and in Palm Beach Shore Acres Subdivision. Mr. Stofft explained that the home will be a two -story Mediterranear. design with stucco walls and clay barrel tile roof. He the front portion of the property will be the recreational larea and will garagee the tennis court, swimming pool and detached guesthouse and Town Manager Garrison advised that the ARPB complimented the design that there was no landscape plan presented. She reported that the Board approved the application with the conditions listed in the staff report. Building 1) The finished floor elevation shall be lowered to 17.67 feet; 2) The Manual; 3)oThe with the guidelines n in the Design AIA by vegetation; 4) Drainage plans re Y screened shall be Prepared b from view of submitted prior to building permit, demonstrating no engineer impact to adjacent properties; 5) A copy of the recorded Warranty Deed for the W 9 no adverse Wynne purchase shall be submitted to Town Hall of a building permit; 6) The Construction Traffic Management Plan submitted with Prior to issua,ice 1) A detailed the application shall be adhered to during Review and landscape plan shall be submitted to the Achitecturalo�l, Planning Board and no building permit shall be issued until. such time as the ARPS has given final a Stofft how he planned to meet the approval. Mrs. Garriso yard__ __Mr , _ -Sto ma- xmum -o{� 0 n- asked -M-z - �ft awised that the tennis court will '1 b ape in the front surface that permits water to this would be acceptable rms Pass through. The Commission ragreed cthat surface provided the court was never material and directed that condition of app Paved with a added e. read: The tennis court hard rurface, shall never be Paved with number 8 vi paved with an impervious a• LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to Permit the demolition of the existing structures and the construction of a 2 -story as style dwelling, detached garage, guest house, pool & tennis: >mmissioner Lynch 'view, Ynch moved approval of the Level 3 Architectural based on a finding that all applicable code requirements have 'en met, subject to the /Site Plan s seconded by CommissionerhHoconditions listed above and the motion � . Lynch; AYE, Comm. Hopkins- Roll Call: Comm. Devitt b N pkins; AYE, and Vice May Orthwein AYE, OCEAN BOULEVARD OVERLAY PERMIT to alter the YE vegetation and construct columns in the AIA Corridor. "missioner Lynch moved and Commissioner Hopkins seconded the approval an AlA Vegetative Disturbance Permit, and the Land seconded t :ed on a finding that the Permit the AaA Landscape finding Plan is consistent with the Design Manual Enhancement Project. Roll Call: Comm. Devitt; Comm. Lynch; AYE, Comm. Hopk ins; AYE, and Vice Mayor Orthwein; AYE. iL5 p.13 Sep 0.9 03 07:07a Town of Gulf Stream r, 561 737 0188 p.14 __ yRypo roan N.Oy- �EOA3lfU0 (.43]O M1yON III Yl JY1111JYv -_ . -- 31VD ONFU �i _.I ,I330LS- N L v O U > � z �� aR at ii' om Q „ rt 1 \e � 9' �a Sep 03 03 07:07a Town of Gulf Stream 561 737 0188 nrcnitectural Review & Planning Board p,:blio Hearing- September 27, 2001 gage 2 p.15 well as the Place All Soleil Association and the staff. Mr. Kent advised he had visited the Pugliese site. The Town Clerk then administered the Oath to Peter Ince, Kevin gorkerhagen, Ingrid Kennemer, Anthony Pugliese, John Lang, Elmar genavente and Rob Dittman. Item VII. Related to a previous approval for 1511 N. Ocean Blvd. involving an amended railing design, amended gate location and amended gate design was considered at this time. Peter Ince displayed drawings of the requested railing and gate designs, pointing out that the railings on the guest house, main house and gate will all be the same, a less complex design than was originally approved. He further pointed out that originally the gate was set 46, inside the property in order to provide a parking area outside the gate. The requested change will eliminate this parking area and landscaping will be installed, with the gate being moved toward the front property line. The members of the Board felt all of the requested changes were improvements to the design. Mrs. Anderson moved and Mr. Frankel seconded that the requested amendments be approved. Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Neeves; AYE and Chairman Wheeler; AYE. A. Applications for Development Approval I. An application submitted by David Frank, as Agent for A. Hopkins and Ingrid Kennemer ,Tr ,.,._ �auycrine way, Gulf Stream Florida, which is legally described as Lot 17 Florida, which Subdivision. Place Au Sole Kevin Borkerhagen Agent for Mr. & Mrs. Kennemer displayed draw' ngs of the site plan and elevations and explained that all setbacks met. He advised he would be happy to answer any questions. have of 9rs. Anderson noted that the Town Manager has listed some suggested Rodifications that she believed would enhance the design. �t the request of Chairman Wheeler, Mr. Thrasher stated that he fell: the lesign meets the minimum intent of the Code but is suggesting the ollowing would tend to better distinguish the structure as a Gulf ePlace Hex tream Bermuda style: 1) Change the roof pitch from 4:12 to 5:12; 2) ectilinear windows on the right elevations with a he same style shutters tc ide elevations to unify architectural detailing; 4) Replace solid flush °pr with a multi -panel door more typical of Gulf Stream - Bermuda style; ) Add decorative Quoins as a corner treatment; 6) Utilize exposed after tails to enhance style; 7) Change the horizontal panel garage 'tailio rectangular panel garage doors to unify architectural g• I' Sep 03 03 07:08a 4 Town of Gulf Stream V in:Y1GfTN P IIMt Lq =A3lICG Nv��r���11 IA S61 737 0188 i33ois -- p.16 Sep 03 03 07:08a Town of Gulf Stream 561 737 0188 p.17 C) N a ui a! a : F lilliill lll�ll!liiilll! a. a. . 1.:.:. s.:. s. I. A. s. 1 ii ii11llitlt 1 1; l:fl�!Ic�llalli:lllliilEf; fA i E i s e a r•_ t a M{rr CI�Sf6 aa �} gyp} Y Q - op47Ciiiia ?� Fa �; C) N a ui a! a : F lilliill lll�ll!liiilll! a. a. . 1.:.:. s.:. s. I. A. s. 1 ii ii11llitlt 1 1; l:fl�!Ic�llalli:lllliilEf; fA i E i s e a r•_ t a Sep 03 03 07:19a Town of Gulf Stream 561 737 0188 p.33 TOWN OF GULF STREAM PALM BEACH COUNTY. FLORIDA )BUT &TEIMIORTICT -9 WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A LYNCH April 25, 2002 Mr. Peter Ince P. 0. Box 2553 Delray Beach, FL 33447 RE: Wynn Residence 1511 North Ocean Boulevard Dear Mr. Ince: ,a i "eleghone (561) 276.6116 Fax (561) 737.0186 Tam Manager WILLIAM H. THRASHER Town Clerk RIT1 L TAYLOR I write this in reference to the house number signs at the above property. The signs, as indicated on the enclosed pictures, were not on the original application. A request for the signs must be submitted and approved by the Architectural Review and Planning Board. I appreciate your cooperation in this matter. Sincerely, OJI,,Qt, qj William H. Thrasher Town Manager I�� 100 SEA ROAD, GULF STREAM, FLORIDA 33483t� FF` 1�y�''t � T�'/Fai_. f'.ir'�'r�ty ' ' '� ;'``.jt ^""vM �•� `FFw TaitFF � Y.,. ��l1 � =�l� +.(!�, 1.` �)•x fi `�+'SN ' of ?. .., R •r'• - Fr^I"'ti`3� / °� 1_-t.,s, "` '�• Ufa' 1 ACC " ). `t{`ry,.0 ii~ Ilk •[� iiiiii; 1. Jl+f'� z. r 1 �: ''79dn �,... Ygr � i :�{ F �'—,�. 1'' * 4 �• ,� r~'z+we�`�' �_ x sryi:' !j . s.M� " � l�?2'�'IIIF.�i."b.�n"L' '� �'� Off. �rf I"1 l..• of ?. .., R •r'• - Fr^I"'ti`3� / °� 1_-t.,s, "` '�• Ufa' 1 ACC " ). `t{`ry,.0 ii~ Ilk •[� iiiiii; 1. Jl+f'� z. r 1 �: ''79dn �,... Ygr � i :�{ F �'—,�. 1'' * 4 �• ,� r~'z+we�`�' �_ x sryi:' !j . s.M� " � l�?2'�'IIIF.�i."b.�n"L' IV; 'It 17 It �Z 2'� 4r qN w. 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[r rtV�r t,14b /'(�riaj�.eK lti/ r tZ '�r S� ,�. r, ya i t v '?']pr°.F 11` `�' �� if.i_ ('- • hs (,' r•-r, `.••— •_ r.Y }y. rnu�� i1j1 iA•. r r 1 �f f }}{{F _._.. .'rte Jt�•_ 1 1, , _ 4 M` ti. ^sill ` , .t p ' , f^ � yry �1 n •vim. 1 �, 71v I, t 1 a .•nl r 1 a {i a�✓�^s : �'• r 9( F Ell am. e........... .�."�� . t,• y , r . � * � .. �'��Srl"� � -c� - mob". ,�iT'.1' �,:rx' • ,r'�Z'RTi'%,�v`.�f��ri�,SrlfT�f ZONING front yard driveway for a period not ex- ceeding four hours in any one 24 -hour period. (8) None of the vehicles or equipment de- scribed in this section may be parked on a vacant lot within the town; however, such equipment may be parked on a lot adja- cent to a lot containing a single - family residence subject to a unity of title being executed by the owner thereto and re- corded in the public records of the county, such unity of title tying thereto the vacant lot and the adjacent property containing the single - family residence. Any of the equipment described in this section which is parked on the vacant lot shall comply with all provisions of this section. (b) This section shall not apply to the parking of vans and similar types of vehicles used prima- rily for personal transportation rather than com- mercial purposes. (Ord. No. 83 -1, § 2(X, L, 1), 4 -8 -83; Ord. No. 92-4, § 2, 9- 28 -92; Ord. No. 00 -1, § 22, 3- 10 -00) Sec. 66 -417. Same On public property; ex- ceptions. (a) No commercial vehicle or truck over three - quarter -ton rated capacity, may be parked on any Rroperty or right-of-way within the. town. - - -- -- (b) This restriction shall not apply to: (1) The temporary parking of such vehicles on private property in residential areas whereon construction is underway for which a current and valid building permit has been issued by the town and such permit is properly displayed on the pre- mises. (2) Routine deliveries by tradesmen or the use of trucks in making service calls, providing that such time period is actu- ally in the course of business deliveries or servicing, as the case may be. (3) The parking of emergency vehicles, pro- viding that the time parked is actually necessary for the emergency. (4) A situation where such vehicle becomes disabled and, as a result of such emer- gency, is required to be parked within a residential district for longer than the time allowed herein. However, any such vehicles shall be removed from the resi- dential district within 24 hours by wrecker Supp. No. 1 66 -446 towing, if necessary, regardless of the na- ture of the emergency; and the cost of such towing shall be at the expense of the owner of the vehicle. (Ord. No. 83 -1, § 2(X, L, 2), 4 -8 -83) Secs. 66- 418 -66 -430. Reserved. DIVISION 6. SETBACKS Sec. 66 -431. State Road AIA. (a) There is hereby fixed the setback distance for the construction and erection of buildings and improvements along the right -of -way of State Road AIA through the town at 78 feet from the centerline of the road unless otherwise specified in the Code. (b) No building permit shall be granted by the town for the construction of buildings or other improvements within 78 feet of the centerline of State Road AlA. (c) Any buildings, improvements or facilities now existing which are located within a distance of less than 78 feet from the centerline of State Road AIA are classified as nonconforming uses, but such uses shall not be extended and all future changes or alterations shall conform to the set- back line. (Ord- No:- 83 -1 -, -§ 2(X,- D, -1=3); 4 =8 =83; Ord. No. 00 -1, § 23, 3- 10 -00) Sec. 66 -432. Coastal areas. Construction in coastal areas of the town must comply with all of the provisions of the "Palm Beach County Coastal Construction and Excava- tion Setback Ordinance No. 72 -12" and the con- struction control line established by the state bureau of beaches and shores, which ordinance or its successor shall prevail in the absence of a conflicting town ordinance. (Ord. No. 83 -1, § 2(X, D, 2), 4 -8 -83) Secs. 66433 - 66.445. Reserved. DIVISION 7. SIGNS Sec. 66 -446. Restriction generally. (a) The erection, display and maintenance of a sign on any property or building within the town is prohibited except the following, which are per- mitted: CD66:65 (1) Signs required by the town or other gov- ernmental agencies where required by 66 -446 GULF STREAM CODE law and those which are necessary and incidental to the performance of govern- mental activities and responsibilities. (2) Signs required by a club designating and naming the club as well as those signs providing notice to the public designed to prevent trespassing and/or the use of the club's property by persons other than those authorized by such club. (3) Signs required by owners of private prop- erty including their agents and contrac- tors shall be limited to: a. Only one real estate sign, which shall be removed within 48 hours of the sale or rental of the property on which the sign is located. b. Only one sign which identifies con- tractors and/or subcontractors and their building or renovation activi- ties only in relation to such activities as are being conducted on the partic- ular property on which the sign is to be erected, displayed and main- tained. Such sign shall be perma- nently removed prior to the issuance of a certificate of occupancy or final inspection for the building or reno- vation activity described on the sign. (4) Owners of private property may erect, display and maintain a sign identifying their name or ownership, entrance and exit roads and street number identifying such property. (b) Except for the designation of resident name, property owner, location, or address, the erection, display, and maintenance of an illuminated sign on any property is strictly prohibited. (Ord. No. 83 -1, § 2(X, C), 4 -8 -83) Sec. 66 -447. Specifications for permitted signs. Any real estate sign offering property for sale or rent may be double -sided in design, however, it shall not exceed two square feet in total dimen- sion. Color of signs shall be a white background with black lettering thereon. There shall be no raised lettering. Further, no such real estate sign shall be extended or hung from a pole or poles, but shall be enclosed within a metal frame. The supporting member of the frame of the sign shall be installed into the ground to provide that the top of the face of such sign shall not be more than four feet above the finished grade of the ground. Real estate signs shall consist of one sign only, and there shall be no accessory signs attached thereto or located within the frame in which the real estate sign is enclosed. Any other sign per- mitted herein shall not exceed a dimension of six square feet and shall be single -sided in design. All real estate signs must be located on the premises of the property being advertised for sale, no such signs being allowed on the public right -of -way or off -site. Any sign erected, displayed or maintained in violation of this section shall constitute a violation of this chapter. (Ord. No. 83 -1, § 2(X, C), 4 -8 -83; Ord. No. 92 -3, § 1, 9- 28 -92) Sec. 66 -448. Approval required. Except for the placement of real estate signs, all signs shall first be reviewed and approved by the architectural reivew and planning board prior to the placement of such signs. (Ord. No. 83 -1, § 2(X, C), 4 -8 -83) Supp. No. 1 CD66:66 i, r ��" .. .d 66 -327 GULF STREAK[ CODE name of a condominium or club and signs necessary to designate entrances and ex- its. (3> Signs not visible from North Ocean Bou- levard" (4) Real estate signs which are in conform- ance with section 66 -446 et seq. (Ord. No. 91 -16, � 2, E, 2, 10- 21 -91) Sec. 66 -328. Alteration, expansion ited. prohib- The alteration or expansion of the physical dimensions or location of NO Ocean Boulevard within the overlay district is prohibited. This prohibition shall not preclude ordinary nance and repair. mainte- (Ord. No. 91.16, � 2, E, 3, 10- 21 -91) Sec. 66 -329. Maintenance. The provisions of this article shall not restrict the trimming or removal of vegetation in the North Ocean Boulevard Overlay District by util- ities where such trimming or removal is deemed necessary by the utilities for the maintenance and protection of utilities located within the corridor. (Ord. No. 91 -16, � 2, E, 4, 10- 21 -91) Sec. 66 -330. Recreational uses. Recreational uses, including basketball-goals .- tennis courts, and swimm shall not be g pools located within the 50 -foot North Ocean Corridor AlA. All and shall be completely screened from view of Y tennis courts may remain in their present location but shall meet the screen- ing requirements of this section. (Ord. No. 00 -1, � 17, 3- 10 -00) Secs. 66- 331 - 66.350. Reserved. ARTICLE VIII, SLrppLEMENTARY DISTRICT REGULATIONS* DIVISION 1. GENERALLY Sec. 66 -351. Unity of title declaration. (a) Where it reasonably appeals that a certain proposed use of property, as set forth in an appli- cation for a building permit may subsequently be changed by the sale or transfer of a portion of `Cross rerciliti s-- Coaste" construction code, � 42 -61 et seq.; marine facilities, structures end places, ch. 62 supp. No. 1 such the a the and that such change would negate the proposed usef the town quirements relating to erty owner(s) to execute a may require the prop - ltion as a condition Precedent to the ssuance of a building permit for the proposed use. The unity of title declaration shall apply to all the property necessary for the proposed use, and shall declare that no portion of said property shall be sold or transferred by the owner or successors in interest apart from the whole. (b) If there is a sale or transfer in contraven- tion of a unity of title declaration, no building permit will be issued for any portion of the prop- erty contained in the unity of title declaration. Declaration shall remain in effect until a release of the unity of title declaration is executed by the town. (c) The unity of title declaration shall be filed at the expense of the owner in the public records of the county. Proof Of such filing shall precede the issuance of a building permit. (Ord. No. 83 -1, � 2(X, M, 4 -8 -83) Sec. 66 -352. Nuisances. No use shall be made of any property within any district that shall in any way be offensive or han$e noxious reason -of- the - emission of any dis- nor shall any vehicle b woke, vibration or noise; way that would constitute a nuisance; shall anything be constructed or maintained that would in any way constitute a nuisance to adjacent property owners, residents or to the community, Each use shall be operated so as to lessen the damage from fire and explosion. (Ord. No. 83 -1, � 2(X, J), 4 -8 -83) Cross reference  Nuisances, ch. 22. Secs. 66. 353 -66 -365. Reserved. DIVISION 2. ACCESSORY STRUCTURES AND RECREATIONAL FACILITIES Sec. 66.366. Antennas and antenna systems/ structures. (a) Broadcast receiving antennas or communi dist _ cation antennas may be permitted in any zoning rict upon site plan review and approval by the town commission and Permit by the town, upon issuance of a building I z0NING within the town beginning at Sea Road on the north and extending to Pelican Lane on the south; extending 50 feet east and west from the, east and west boundaries of the right-of- -way Ocean Boulevard), such overlay district to include such right-of-way. 10- 21 -91) (Ord. No. 91 -16, § 1, Sec. 66 -322. Permit— Required. Removal, modification or addition of signifi- cant landscape features in the North Ocean Bou- levard Overlay District is prohibited without a permit, except for the removal and replacement of dead or diseased trees and vegetation and that which is a result of maintenance of materi- als including lawn care, pruning and accepted horticultural practices. For the purposes of this section, significant landscape features a caliper in- clude, but not be limited to, trees having mof four inches or greater, masonry ornamen- tal hedges, ornamental shrubs, berms, columns, gates, fences, driveways or other structures within the North Ocean Boulevard O Overlay District. (Ord. No. 91 -16, § 2, A Sec. 66 -323. Same — Application. Application for a North Ocean Boulevard Over- lay lay permit shall be made in writing by or the owner's authorized agent, to the planning and building administrator, and shall include the Following: (1) A statement describing the extent and reason for the intended disturbance. (2) Sufficient photographs of the site and of adjoining properties as viewed from the public right -of -way of North Ocean Bou- levard. (3) A plan, drawn to scale, showing the area to be disturbed with respect to existing and proposed buildings, driveways, set- backs, street and lot lines; and showing the significant landscape features to be removed, modified or altered. The size shall also show the location, typ e of any proposed plantings and/or struc- tures within the area to be disturbed. (Ord. No. 91 -16, § 21 B, 10- 21 -91; Ord. No. 00 -1, § 15, 3- 10 -00) • „ � su•a?7• and be acted upon in the same manner as is required by the town for site plan review. How- ever, there shall be no charge for a permit for those seeking authorization for removal, modifi- cation or destruction. A permit shall be approved where the town finds that the disturbance desirable neither destroy nor seriously impair v landscape visual relationships among buildings, P features and open space, nor introduce incompat- ible landscape features or plant material that destroys or impairs siegnificant views or vistas within the North Ocean Boulevard Overlay Dis- trict. (Ord. No. 91 -16, § 2, C, 10- 21 -91; Ord. No. 00 -1, § 15, 3- 10 -00) Sec. 66 -324. Same — Issuance, The North Ocean Boulevard Overlay permit application containing the required information shall be filed with the town in the same manner Sec. 66 -325. Mitigation. If a North Ocean Boulevard Overlay permit is granted, the town may require mitigation as a condition of the granting of such a permit. Miti- gation shall be in a form and manner directed by the town commission which may require the re- placement of significant landscape features else- where on the property within the North Ocean Boulevard Overlay District in a manner so as to cause the least impact possible to the visual and aesthetic quality of the North Ocean Bole, may Overlay District. Mitigation, trees orrthe instal - require the planting of canopy lation of other significant landscape features. (Ord. No. 91 -16, § 2, D, 10- 21 -91; Ord. No. 00 -1, §§ 15, 16, 3- 10 -00) Sec. 66 -326. Driveway cuts. Within the North Ocean Boulevard District only one driveway cut per buildable lot shall be allowed, the driveway to be situated in a manner so as to require the least disturbance of significant landscape features. 1, 91) (Ord. No. 91 -16, § 2, Sec. 66 -327. Signs. Signs shall be prohibited within the Nod 1 Ocean Boulevard Overlay District, P following: (1) Official road signs, including traffic cor trol devices, erected by the department c transportation or by the town having it risdiction over the portion of the Nort Ocean Boulevard Overlay District it volved. (2) Address signs and signs designating V name or the owner of an estate or t CD66:59 § 70 -265 Objects d'art visible from the street Statuary visible from the street Sec. 70 -269. Mailboxes. GULF STREAM CODE (a) Preferred. (1) Standard, manufactured curbside box approved by the U.S. Postal Service. (2) Four -inch by four -inch wood posts or two -inch diameter standard steel or aluminum posts, buried no more than 24 inches in the ground. (3) Boxes mounted such that the bottom is no more than 31/2 to four feet above the ground. (4) Boxes and posts painted black or white with address number. (5) Copper or brass boxes. (b) Discouraged. (1) Non - standard or custom designed boxes approved by the U.S. Postal Service. (2) Posts constructed of material other than solid wood or standard metal pipe. (3) Brightly painted. (4) Unfinished metal other than copper or brass. (c) Prohibited. (1) Boxes not approved by the U.S. Postal Service. (2) Decorative or other non - functional attachments to a box, whether or not approved by the U.S. Postal Service. (3) Square posts greater than four inches by four inches and round posts greater than four inches in diameter. (4) Posts that, when struck, could damage vehicles and cause injuries (e.g. concrete or heavy metal posts). (5) Bright designs inconsistent with the color scheme of the principal home. (6) Internally lighted or back -lit mailboxes. (Ord. No. 00 -1, § 63, 3- 10 -00)__ Secs. 70- 270-70 -295. Reserved. ARTICLE IX. APPENDIX Sec. 70 -296. Glossary of architectural terms. While many of these terms do not appear in this manual they may appear on architectural drawings and are included to facilitate a better understanding of building design. Arch shall mean a structural element shaped in an arc or curve. Balcony shall mean a platform extending from the facade of a building. Barrel the shall mean semi - cylindrical tile used for roofing; i.e., Mediterranean Revival. Bay window shall mean a window projecting outward from the main wall of a building. Board and batten shall mean vertical siding composed of wide boards that do not overlap and narrow strips, or battens, nailed over the spaces between the boards. Bond shall mean the general method of overlapping the joints of successive courses of bricks or stones, thereby binding them together to form a wall or other surface. Different patterns may be formed by these joints (e.g., common bond, Flemish bond, English bond, herringbone bond). Casement window shall mean a window with hinges to the side and a vertical opening either on the side or in the center. Clapboard shall mean siding material or horizontal wooden strips, often applied with the thicker edge overlapping the clapboard below. Supp. No. 1 CD70:86 <§ 66-14A , GULF STREAM CODE (8) The goals, objectives, polices and future land use map contained in the adopted comprehensive plan. (b) Level 2 and level 3 architecturallsite plan review. The applicable recommending and final review authorities shall employ the following stan- dards when reviewing an application for a level 2 or level 3 architectural/site plan review: (1) The proposed project and plans shall com- ply with the building standards contained in chapter 42 of this Code. (2) The proposed project and plans shall com- ply with the concurrency management system standards contained in chapter 44 of this Code. ings. The site shall be developed in a manner that will not impede the normal and orderly development or improvement of surrounding prop- erty for uses permitted in this Code. b. Preservation of natural conditions. The landscape shall be preserved in its natural state, to the degree prac- tical, by minimizing tree and soil removal and by other appropriate site planning techniques. Terrain and vegetation shall not be disturbed in a manner likely to increase signifi- cantly either wind or water erosion within or adjacent to a development site. CD66:34 C. Screening and buffering. Fences, (3) The proposed project and plans shall com- walls, or vegetative screening shall ply with the flood prevention and protec- be provided where needed to protect tion standards contained in chapter 48 of residents and users from undesir- this Code. able views, lighting, noise or other (4) The proposed project and plans shall com- adverse off -site effects and to protect ply with the marine facilities, structures residents and users of off -site devel- and places standards contained in chap- opment from on -site adverse effects. ter 52 of this Code. d. Exterior lighting. Exterior lighting (5) The proposed project and plans shall com- shall not interfere with the quiet ply with the planning and development enjoyment of adjacent properties or standards contained in chapter 58 of this the safety of public rights -of -way. Code. e. Access to public ways. All develop - (6) The proposed project and plans shall com----- — —ment_ sites shalLhave_safe_and -con ply with the subdivision standards con- venient access to public rights -of- tained in chapter 62 of this Code. way and/or other areas dedicated to common use. The location, size, and (7) The proposed project and plans shall com- numbers of access drives to a site ply with the zoning standards contained will be arranged to minimize any in chapter 66 of this Code, including the negative impacts on public and pri- Gulf Stream Design Manual. vate ways and on adjacent private (8) The proposed project and plans shall com- property. Traffic improvements shall ply with the goals, objectives, polices and be provided where they will signifi- future land use map contained in the cantly improve safety for vehicles adopted comprehensive plan. and pedestrians. (9) The arrangement and use of structures, f. Emergency access. Structures and mechanical equipment, patios, driveways, other site features shall be arranged walkways, on -site utilities, walls, fences, to permit access by emergency vehi- landscaping and other site plan elements cles to all buildings. and improvement shall meet the follow- (10) The character, design, architectural style, ing standards: form, mass, scale, and the location and a. Harmonious and efficient organiza- use of exterior architectural elements, ex- tion. All elements of a plan shall be terior materials, and exterior colors of organized harmoniously and effi- proposed structures and improvements ciently in relation to topography, the shall meet the following standards; size and type of the property af- a. Consistency of design and materials. fected, the character of adjoining prop- Proposed structures and improve - erty, and the type and size of build- ments shall utilize architectural CD66:34 CD66:35 ZONING 4 66 -145 forms, elements and materials which b. Proposed date of new construction; are typically associated and consis- C. The future use of new construction tent with the proposed architectural and its consistency with the criteria style. set forth herein; b. Consistency with other on -site struc- d. The landmark status, if any, of the tures. Proposed structures and im- structure proposed for demolition; provements shall be designed and utilize architectural forms, elements e. The conditions of the demolition re- and materials in a manner consis- lating to maintenance and landscap- tent with existing or proposed on- ing of the site during and after dem- site structures. olition. C. Consistency with surrounding off- (12) Proposed site, structural and improve - site structures. Proposed structures ment plans shall not adversely affect the and improvements shall be designed health, safety or welfare of on -site or and utilize architectural Forms, ele- off -site occupants and shall provide the ments and materials in a manner following protection: consistent with, but not identical to, a. Protection of residential privacy. The existing or proposed off -site struc- proposed plan shall provide reason - tures in the surrounding area. able visual and auditory privacy for d. Consistency with structures in the all dwelling units located within and zoning district. Proposed structures adjacent to the site. Fences, walls, shall be designed and utilize archi- barriers and vegetation shall be ar- tectural forms, elements and mate- ranged to protect and enhance the rials in a manner consistent with, property and to enhance the privacy but not identical to, existing or pro- of on -site and neighboring occu- posed structures in the same zoning pants• district. b. Protection of property values. All el- e. Consistency with structures in the ements of the proposed plan shall be town. Proposed structures shall be designed and arranged to have a designed and utilize architectural minimal negative impact on the prop - forms,, elements and - materials in_a __ erty values_of_adjoiaing_property. manner consistent with, but not iden- C. Protection of use and enjoyment. All tical to, existing or proposed struc- elements of the proposed plan shall tures found elsewhere in the town. be designed and arranged to have a f. Consistency with Gulf Stream De- minimal negative impact on the use sign Manual. Proposed structures and enjoyment of adjoining proper - and improvements in single - family ties. zoning districts shall be designed (95 -1, § 2, 1- 30 -95; Ord. No. 97 -2, § 1, 7- 18 -97) and utilize architectural forms, ele- ments and materials in a manner Sec. 66 -145. Procedures for submitting and consistent with the standards con- processing applications. tained in the Gulf Stream Design (a) Level 1 architectural /site plan review. The Manual. planning and building administrator shall re- g. Consistency with the character of the ceive, review and process applications for level 1 zoning district. Proposed structures architectural/site plan review in accordance with and site improvements shall be de- the following: signed and utilize forms, elements (1) Optional simultaneous processing with and materials in a manner consis- building permit application. At the option tent with the character of the zoning of the applicant, applications for level 1 district as described in article II of architectural/site plan review may be pro - the Gulf Stream Design Manual. cessed as a part of and simultaneously (11) The following shall be considered when with applications for building permits. reviewing proposed demolition plans: (2) Optional pre - application conference. At the a. Date of demolition; option of the applicant, a pre- application CD66:35 ri M ru to 0 0 0 O .A cc O ru O O M1 =FF U.S. Postal Service certified Fee 2.30 Retum Receipt Fee CERTIFIED (Endorsement Required) MAIL RECEIPT (EndorsementRaquired) (Domestic Toms Postage s Fees Mail only; No Insurance Coverage Provided) Mr. & Mrs. John Wynne Sftwf, Apt No.; or PO a= No. 1511 N. Ocean Blvd. ciysiere,-nv +7Gul�Stream, FL at tt ri M ru to 0 0 0 O .A cc O ru O O M1 =FF C I A L Postage $ .37 certified Fee 2.30 Retum Receipt Fee Posmrerk 1.75 Here (Endorsement Required) Restricted Fee (EndorsementRaquired) Toms Postage s Fees $ 4.62 Sent To Mr. & Mrs. John Wynne Sftwf, Apt No.; or PO a= No. 1511 N. Ocean Blvd. ciysiere,-nv +7Gul�Stream, FL at tt Certified Mail Provides: • A mailing.receipt • A unique identifier for your mailpiece • A signature upon delivery ■ A record of delivery kept by the Postal Service for two years Important Reminders: is Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt mays requested to Pre Ida ca Proof Return delivery. To obtain Return Receipt service. p P nd Receipt (PS Form 3811) to the article and add applicable postage to cover the a duplicate return receipt. a USPS�rpostmaark on yourCertified Mail waiver eceipt is majipiece -Return required. or Is For an addressee's authorized uthorized agent delivery the be restricted to the clerk or mark the mallp ece with the endorsement - Restricted Wive if". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post piice for postmarking. If a Postmark on the Certified Mail receipt is not needed, detach and affm label with postage and mail. IMPORTANT: Save this receipt and present It when making an inquiry. PS Form 3800, Apr112002 (nevelse) 102595 -02 -M -1132 " Complete items 1, 2, and 3. Also complete A. Sjg[t e item 4 if Restricted Delivery is desired.1F /�� " Print your name and address on the reverse / B. Received by (Printed so that we can return the card to you. �% Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. & mrs. John Wynne 1511 N. Ocean Boulevard Gulf Stream, FL 33483 0 Ag, C. D. Is delivery address different from item 1? U Ye! If YES, enter delivery address below: 0 No 3. Service Type X3 Certified Mail 0 Express Mail 0 Registered JZI Return Receipt for Meml 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Ye; 2. AnrcleNumber 7002 0860 0005 2631 8567 (harsher from service labe PS Forth 3811, August 2001 Domestic Return Receipt 1025954 3.NC n N � N d O 41 d d C CD CL oi oi CD w CD CD G) i r � -n O C13 ;n �v� a w C � N m CL N 'D A Er m 0- 0 x 3.NC n N � N d O 41 d d COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH June 3, 2003 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE OF VIOLATION Telephone (561) 276-5116 Fax (561) 737-0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR Mr. & Mrs. John Wynne 1511 N. Ocean Boulevard CERTIFIED MAIL Gulf Stream, Florida 33483 RETERN RECEIPT REQUESTED RE: Revised Entrance Column Design Dear Mr. & Mrs. Wynne: In April 2002, it was noted that the design of the entrance columns had been changed after the Certificate of Occupancy had been issued for the new structures at 1511 N. Ocean Boulevard. A review of the records revealed that the original design had been approved on January 14, 2000. A revised design was approved at a hearing before the Architectural Review and Planning Board on September 27, - 200-1. -- The - Certificate of-- Occupancy- was issued based on this design. In that the existing columns did not receive approval from the Architectural Review and Planning Board, they are in violation of Section 66- 141(2)f. which provides that new entrance gates along State Road AlA require a Level 2 Architectural/ Site Plan Review. This is to be considered official notice to alter the design of the entrance columns to conform to the design that was approved on September 27, 2001 within 15 days. Failing to comply with this order shall result in further action as provided in Chapter 2, Article III, Division 2 of the Code of Ordinances, a hearing before the Special Master for Code Enforcement. jVery truly -�� yours, William Thrasher Town Manager 9111 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Regular Meeting & Public Hearing Town Commission-January 14, 2000 page 2 1. An application submitted by Randall Stofft as Agent for Mr. & Mrs. John Wynne, contract purchasers of the property currently owned by A. G. Pugliese that is located at 1511 N. Ocean Blvd., Gulf Stream, Florida, which is legally described in metes and bounds in Government lot 1, Section 10 and in Palm Beach Shore Acres Subdivision. Mr. Stofft explained that the home will be a two -story Mediterranean design with stucco walls and clay barrel tile roof. He pointed out that the front portion of the property will be the recreational area and will include the tennis court, swimming pool and detached guesthouse and garage. Town Manager Garrison advised that the ARPB complimented the design but that there was no landscape plan presented. She reported that the Board approved the application with the conditions listed in the staff report. 1) The finished floor elevation shall be lowered to 17.67 feet; 2) The Building color shall be consistent with the guidelines in the Design !Manual; 3) The tennis court shall be completely screened from view of )AlA by vegetation; 4) Drainage plans prepared by a registered engineer shall be submitted prior to building permit, demonstrating no adverse impact to adjacent properties; 5) A copy of the recorded Warranty Deed for the Wynne purchase shall be submitted to Town Hall prior to issuance of a building permit; 6) The Construction Traffic Management Plan submitted with the application shall be adhered to during construction; 1) A detailed landscape plan shall be submitted to the Architectural Review and Planning Board and no building permit shall be issued until such time as the ARPB has given final approval. Mrs. Garrison asked Mr. Stofft how he planned to meet the maximum of 20% hardscape in the fLnnt yard. Mr. Ste -f -ft— advised- that--the tennis court will be a premium clay surface that permits water to pass through. The Commission agreed that this would be acceptable provided the court was never paved with a hard surface material and directed that condition of approval number 8 be added to read: The tennis court shall never be paved with an impervious surface. a. LEVEL 3 ARCHITECTURAL/ SITE PLAN REVIEW to permit the demolition of the existing structures and the construction of a 2 -story Mediterranean style dwelling, detached garage, guest house, pool & tennis court. Commissioner Lynch moved approval of the Level 3 Architectural /Site Plan Review, based on a finding that all applicable code requirements have been met, subject to the eight conditions listed above and the motion Was seconded by Commissioner Hopkins. Roll Call: Comm. Devitt; AYE, COMM. Lynch; AYE, Comm. Hopkins; AYE, and Vice Mayor Orthwein; AYE. b. N. OCEAN BOULEVARD OVERLAY PERMIT to alter the vegetation construct Commissioner Lynch movedand Commissioner HopkinsssecondedAtheCapproval of an AIA Vegetative Disturbance Permit, and the Land Clearing Pemi based on a finding that the plan is consistent with the Design Manual and the AlA Landscape Enhancement Project. Roll Call: Comm. Devitt; AYg Comm. Lynch; AYE, Comm. Hopkins; AYE, and Vice Mayor Orthwein; AYE. Sep 03 03 07:11a Town of Gulf Stream 561 737 0188 p.24 Regular Meeting & Public Hearing Architectural Review & Planning Board February 27, 2003 Page 4 Mr. Frankel seconded the motion. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mr. O'Neal; AYE, Mrs. Anderson; AYE and Chairman Wheeler; AYE. VIII. Items by Staff. A. 1511 N. Ocean Blvd. 1. Administrative clarification: Entry Column Ornamentation Mr. O'Neal declared a conflict of interest, citing his close association with the Wynnes, and excused himself from the proceedings. Wendy Larson, Attorney for the Wynnes, explained that the owners are aware that the address signs were not a part of the original approval. She stated that the signs are preexistent for many years and believes :hey are consistent with the design standards. She explained the ?roperty owners demolished the preexisting structure on the property Ecnd :onstructed an approved new home. The address signs were reinstalled lnd there is nothing in the code, which prohibits the etched glass on :he entry columns. She explained that it was backlit on the previous louse but it is not lit at present. Ms. Larson apologized on behalf of :he owners for not including the sign in the original application. :hairman Wheeler acknowledged that the house was approved, but the entry :olumns with signs were not. The Chairman stated that the ARPB has the '.iscretion to make judgments on weather architectural elements are onsistent with the style. He added that the house is a Mediterranean tyle and the etched glass is not consistent with Mediterranean rchitecture. r: Frankel pointed out that the house that was demolished, and several ther houses in Town are what prompted adoption of the Design Manual. he objective is to preserve the character of the Town. he Board members all agreed that the house is beautifully designed bu= ae entry columns with the signs do not match the style. _torney Randolph said he had spoken with Attorney Larson who asked what -iteria is to be met for approval. Attorney Randolph pointed out that sere are several criteria that need to be met which include consistency ` design materials, which are typically associated and consistent with ie proposed architectural style. ce Board unanimously agreed that the entry column signs were not !ceptable and suggested a wood or framed Spanish tile sign. B. Town Commission Meeting of February 14, 2003 1. Proposed ordinance 03/2- Standards for Review of Projects wn Manager Thrasher reported that Ordinance 03/2 was reviewed by the wn Commission at their February 14, 2003 meeting. They felt that the etion on "excessive dissimilarity" should be removed. The Commission ked that the Board revisit this section and offer a recommendation. ey also directed that the Board offer an opinion as to whether the 2Co et distance from the proposed site is far enough when reviewing for cessive similarity. it TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE OF VIOLATION June 3, 2003 Mr. & Mrs. John Wynne 1511 N. Ocean Boulevard CERTIFIED MAIL Gulf Stream, Florida 33483 RETERN RECEIPT REQUESTED RE: Revised Entrance Column Design Dear Mr. & Mrs. Wynne: In April 2002, it was noted that the design of the entrance columns had been changed after the Certificate of Occupancy had been issued for the new structures at 1511 N. Ocean Boulevard. A review of the records revealed that the original design had been approved on January 14, 2000. A revised design was approved at a hearing before the Architectural Review and Planning Board on September 27, 2001. The Certificate of Occupancy was issued based on this design. In that the existing columns did not receive approval from the Architectural Review and Planning Board, they are in violation of Section 66- 141(2)f. which provides that new entrance gates along State Road AlA require a Level 2 Architectural/ Site Plan Review. This is to be considered official notice to alter the design of the entrance columns to conform to the design that was approved on September 27, 2001 within 15 days. Failing to comply with this order shall result in further action as provided in Chapter 2, Article III, Division 2 of the Code of Ordinances, a hearing before the Special Master for Code Enforcement. 'Very truly pyours, William Thrasher Town Manager fKlo 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Telephone (561) 276 -5116 COMMISSIONERS Fax WILLIAM F. KOCH, JR. Mayor (561) 737 -0188 JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III I Town Manager WILLIAM H. THRASHER ROBERT W. HOPKINS II .;� .. • ,t" �' Town Clerk WILLIAM A. LYNCH RITA L. TAYLOR NOTICE OF VIOLATION June 3, 2003 Mr. & Mrs. John Wynne 1511 N. Ocean Boulevard CERTIFIED MAIL Gulf Stream, Florida 33483 RETERN RECEIPT REQUESTED RE: Revised Entrance Column Design Dear Mr. & Mrs. Wynne: In April 2002, it was noted that the design of the entrance columns had been changed after the Certificate of Occupancy had been issued for the new structures at 1511 N. Ocean Boulevard. A review of the records revealed that the original design had been approved on January 14, 2000. A revised design was approved at a hearing before the Architectural Review and Planning Board on September 27, 2001. The Certificate of Occupancy was issued based on this design. In that the existing columns did not receive approval from the Architectural Review and Planning Board, they are in violation of Section 66- 141(2)f. which provides that new entrance gates along State Road AlA require a Level 2 Architectural/ Site Plan Review. This is to be considered official notice to alter the design of the entrance columns to conform to the design that was approved on September 27, 2001 within 15 days. Failing to comply with this order shall result in further action as provided in Chapter 2, Article III, Division 2 of the Code of Ordinances, a hearing before the Special Master for Code Enforcement. 'Very truly pyours, William Thrasher Town Manager fKlo 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Architectural Review & Planning Board public Hearing - September 27, 2001 Page 2 well as the Place Au Soleil Association and the staff. Mr. Kent advised he had visited the Pugliese site. The Town Clerk then administered the Oath to Peter Ince, Kevin gorkerhagen, Ingrid Kennemer, Anthony Pugliese, John Lang, Elmar genavente and Rob Dittman. Item VII. Related to a previous approval for 1511 N. Ocean Blvd. involving an amended railing design, amended gate location and amended gate design was considered at this time. Peter Ince displayed drawings of the requested railing and gate designs, pointing out that the railings on the guest house, main house and gate will all be the same, a less complex design than was originally approved. He further pointed out that originally the gate was set 46' Property in order to provide a parking area outside the gate. The requested change will eliminate this parking area and landscaping will be installed, with the gate being moved toward the front property line. The members of the Board felt all of the requested changes were improvements to the design. Mrs. Anderson moved and Mr. Frankel seconded that the requested amendments be approved. Roll Call: Mrs. Anderson; AYE, Mr. Kent; AYE, Mr. Frankel; AYE, Mrs. Neeves; AYE and Chairman Wheeler; AYE. A. Applications for Development Approval 1. An application submitted by David Frank, as Agent for A. Hopkins and Ingrid Kennemer Jr., the owners of property located at 810 Tangerine Waves_ Gulf_S- tream— Florida, —w-Ech is legal Ty described as Lot 17, Place Au Soleil Subdivision. Kevin Borkerhagen Agent for Mr. & Mrs. Kennemer displayed drawings of the site plan and elevations and explained that all setbacks have been met. He advised he would be happy to answer any questions. Mrs. Anderson noted that the Town Manager has listed some suggested modifications that she believed would enhance the design. at the request of Chairman Wheeler, Mr. Thrasher stated that he felt the iesign meets the minimum intent of the Code but is suggesting the �ollowing would tend to better distinguish the structure as a Gulf stream Bermuda style: 1) Change the roof pitch from 4:12 to 5:12; 2) tePlace Hex shaped windows on the front and right elevations with a rectilinear form with multi - panes; 3) Add the same style shutters to ide elevations to unify architectural detailing; 4) Replace solid flush oor with a multi -panel door more typical of Gulf Stream - Bermuda style; Add decorative Quoins as a corner treatment; 6) Utilize exposed after tails to enhance style; 7) Change the horizontal panel garage oors to rectangular panel garage doors to unify architectural etailing. f-k I a CODE VIOLATION REHEARING TO BE HELD BY THE SPECIAL MASTER OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 10, AT 1:00 P.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA C) I. Call to Order. II. Case No. CE -4 -04; John W. and Barbara S. Wynne, 1511 North Ocean Blvd., Gulf Stream, Florida 33483. Design of entry gates was altered without approval, a violation of Section 66- 141(2)f.(originally heard on September 8, 2003 at 10 A.M.) III. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MASTER WITH RESPECT TO ANY MATTER CONSIDERED AT THIS 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. F.S.S. 286.0105. a SIR Y 6N d N 11-U JJ — Q 9 U O wZ N F W 0 F Q Qa O W= c ur Wm m w =m !11 • -' E l 9Je i � # le 1l lel111�i :�.e 1. 2. 8. o. .... B. Y. LL � l 9Je i � # le 1l lel111�i :�.e 1. 2. 8. o. .... B. Y. I� Hi t;,! ea§ 1611 i`1eiz Ill Jill���: . . . . . . . . . . . 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L-1 4 I H 2) )1 V LLL414OLLS 11 -1 V (I N V a CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER GRANTING MOTION FOR REHEARING AND SETTING HEARING TOWN OF GULF STREAM, Petitioner, Case No. CE -4 -03 JOHN W. AND BARBARA S. WYNNE, Respondents. Re: Violation of Section 66 -141 (2) f, of the Code of Ordinances of the Town of Gulf Stream. Address: 1511 North Ocean Blvd. Gulf Stream, Florida Legal Description: N. 82' Lot 1, Blk. D R cv Plat Blk D & Blk E Palm Bch Shore Acres & S 68' Govt. Lot 1 Sec. 10 Twns. 46 South Range 43 East Palm Beach Co. Fl., East of Ocean Blvd. � •b 7 On September 22, 2003, an Order Regarding the Motion for Rehearing was entered. The Town was given until 5:00 p.m. on Thursday, September 25, 2003, to file a Response to the Motion for Rehearing. The Town has filed a response to the Motion for Rehearing, stating no objection to having this matter reheard. It is hereby Ordered and Adjudged as follows: The Motion for Rehearing is granted. 2. This matter is set for hearing on the 10'h day of October, 2003, at 1:00 p.m., at the Town of Gulf Stream, 100 Sea Road, Gulf Stream, Florida 33483. DONE AND ORDERED this 26`h day of September, 2003. TOWN OF GULF STREAM CODE ENFORCEMENT By: Special Master TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWER Vice Mayor FRED B. DEVITT 111 ROBERT W. HOPKINS It WILLIAM A. LYNCH September 23, 2003 Mr. & Mrs. John W. Wynne 1511 N. Ocean Blvd. Gulf Stream, FL 33483 Dear Mr. & Mrs. Wynne: Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR At the request from one of your attorneys, Todd Messenger, the Special Master has scheduled a rehearing of your Case No. CE -4 -03. The rehearing will be held on October 10, 2003 at 1:00 P.M. in the Gulf Stream Town Hall, 100 Sea Road, Gulf Stream, Florida. Very truly yours, Rita L. Taylor Town Clerk CC: Todd Messenger, Esq. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 BEFORE THE CODE ENFORCEMENT SPECIAL MASTER OF THE TOWN OF GULF STREAM, FLORIDA TOWN OF GULF STREAM., Petitioner, vs Case No. CE 4 -03 JOHN W. AND BARBARA S. WYNNE, Respondents. TOWN OF GULF STREAM'S RESPONSE TO ORDER REGARDING MOTION FOR REHEARING In response to the Order of the Special Master, this is to advise that the Town of Gulf Stream registers no objection to this matter being reheard. I HEREBY CERTIFY that a true copy of the foregoing instrument has been furnished to TODD G. MESSENGER, Esquire, Siemon & Larsen, P.A., 433 Plaza Real, Suite 339, Boca Raton, Florida 33432, by facsimile and U.S. mail, this =- - /day of September, 2003, JONES, FOSTER, JOHNSTON & STUBBS, P.A. 505 South Flagler Drive, Suite 1100 Post Office Box 3475 West Palm Beach, Florida 33402 -3475 Telephone: 561- 659 -3000 Facsimile: 561 - 650 -0465 John C. Randolph Florida Bar No. 129000 CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA ORDER REGARDING MOTION FOR REHEARING TOWN OF GULF STREAM, Petitioner, v. Case No. CE -4 -03 JOHN W. AND BARBARA S. WYNNE, Respondents. Re: Violation of Section 66 -141 (2) f, of the Code of Ordinances of the Town of Gulf Stream. Address: 1511 North Ocean Blvd. Gulf Stream, Florida Legal Description: N. 82' Lot 1, Blk. D R cv Plat Blk D & Blk E Palm Bch Shore Acres & S 68' Govt. Lot 1 Sec. 10 Twns. 46 South Range 43 East Palm Beach Co. Fl., East of Ocean Blvd. On September 8, 2003, a code enforcement proceeding was held in regard to the above matter. An Order finding violation was entered. Pursuant to said Order, Respondents were to comply by Sepember 23, 2003, and a fine assessment hearing was set for September 26, 2003. On September 17, 2003, counsel forthe Respondents, John W. and Barbara S. Wynne, served and filed a Motion for Rehearing. It is hereby Ordered and Adjudged that the Town shall have until 5:00 p.m. on Thursday, September 25, 2003, to file a Response to the Motion for Rehearing. The fine assessment hearing previously scheduled for Friday, September 26, 2003, is hereby cancelled. If said rehearing is granted, this matter will be set for hearing by separate Order. If the Motion for Rehearing is denied, the fine assessment hearing will be set by separate Order. TOWN OF GULF STREAM CODE ENFORCEMENT By: Special Master JONES FOSTER JOHNSTON & STUBBS, P.A. Attorneys and Counselors John C. Randolph, Esquire Direct Dial: 561 - 650 -0458 Direct Fax: 561 - 650 -0465 E -Mail: jandolph @jones- foster.com September 15, 2003 Todd Messenger, Esquire Siemon & Larsen, P.A. 433 Plaza Real, Suite 339 Boca Raton, Florida 33432 Re: Town of Gulf Stream Flagler Center Tower, Suite 1100 505 South Flagler Drive West Palm Beach, Florida 33401 Telephone (561) 659 -3000 John W. and Barbara S. Wynne 1511 North Ocean Boulevard Our File No. 13147.1 Dear Todd: VIA FAX: 561 - 368 -4008 Mailing Address Post Office Box 3475 West Palm Beach, Florida 33402 -3475 I understand you have been speaking with Rita Taylor in regard to a petition for rehearing. The Town does not have a form for the petition. It is my recommendation that you simply file a petition for rehearing with Paulette Torcivia in regard to her Order and request that the matter be heard at the hearing scheduled for September 26, 2003. You may contact Paulette Torcivia at Northpoint Corporate Center, 701 Northpoint Parkway, Suite 209, West Palm Beach, Florida 33407. Her telephone number is 561- 686 -8700. Sincerely, JONES, FOSTER, John C. Randolph JCR /ssm JOHNSTON & STUBBS, P.A. Enclosure cc: Rita Taylor, Town Clerk meuw.ja,es fos ter. eons =p 10 03 10:43a Town of Gulf Stream 561 737 0188 p.l RECEIVE[ CODE ENFORCEMENT ORDER SEP 10 2003 TOWN OF GULF STREAM, FLORIDA JONES, FOSTER, JOHNSTON ORDER FINDING VIOLATION & STUBBS TOWN OF GULF STREAM, Petitioner, Case No. CE -4 -03 V. JOHN W. AND BARBARA S. WYWNE, Respondents. Re: Violation of Section 66 -141 (2) f, of the Code of Ordinances of the Town of Gulf Streani. Address: 1511 North Ocean Blvd. Gulf Stream, Florida Legal Description: N. 82' Lot 1, Blk. D R cv Plat Blk D & Blk E Palm Bch Shore Acres & S 68' Govt. Lot 1 Sec. 10 Twns. 46 South Range 43 East Palm Beach Co. Fl., East of Ocean Blvd. The Special Master appointed by the Town Council to hear code enforcement eases for the Town of Gulf Stream, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Enforcement Hearing held on the 8' day of September, 2003, and based on the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT 1. The Respondents, John W. and Barbara S. Wynne, were not present at the hearing, however, there was a finding of proper notice. 2. The Town Manager, William Thrasher, testified to and introduced photographs of the violation. Sep, 10 03 10:43a Town of Gulf Stream 561 737 0188 p.2 CONCLUSIONS OF LAW Respondents are in violation of Section 66- 141(2) f, of the Code of Ordinmices of the Town of Gulf Stream. It is the Order of the Code Enforcement Special Master that Respondents, 7o lm W. and Barbara S. Wynne, shall comply with Section 66 -141 (2) f, of the Code of Ordinances of the Town of Gulf Stream by the 23rd day of September, 2003. If Respondents do not comply within the time specified, a fine ofone- hundred- fifty - dollars ($150.00) per day shall be assessed for each day the violation continues to exist. A Fine Assessment Hearing will be held before the Special Master on the 26`h clay of September, 2003, at the Town of Gulf Stream, 100 Sea Road, Gulf Stream, Florida, at 10:00 a.m. The Town is hereby awarded their administrative costs, the amount of which will be determined at the Fine Assessment Hearing. A certified copy of this Order may be recorded in the Public Records of Palm B each County, Florida, and, once recorded, shall constitute a lien against the property of the ori;; nal amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes for the original amount. Upon complying, it is the responsibility of the Respondents to notify the Gulf Stream Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property. DONE AND ORDERED this 81h day of September, 2003. TOWN OF GULF STREAM CODE ENFORCEMENT BY: & Special Master SIEMON & LARSEN, P.A. Mizner Park 433 Plaza Real, Suite 339, Boca Raton, Florida 33432 Telephone (561) 368 -3808 - Facsimile (561) 368 -4008 E -Mail - info @siemonlarsen.com September 12, 2003 VIA FACSIMILE AND US MAIL 561- 737 -0188 Rita Taylor, Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Dear Ms. Taylor: Thank you for faxing copies of the materials related to the September 8, 2003 code enforcement special master hearing regarding the Wynne's address signs (1511 North Ocean Boulevard). We note that page 2 of the Statement of Violation and Notice of Hearing states in part: If you wish to have the Special Master RECONSIDER your case for any reason ... an APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST MUST BE MET FOR THE SPECIAL MASTER TO RECONSIDER YOUR CASE. As we discussed by telephone earlier this week, Mr. Wynne is critically ill. He is in intensive care in Indianapolis due to severe complications from a recent surgery. His ordeal apparently began at approximately the same time the caretaker at his Gulf Stream residence forwarded the Town's notice to him, and in the confusion the notice was never sent to his attorneys. Accordingly, the Wynne's were not represented -at the code enforcement hearing because Mr. Wynne's attorneys did not know about it. The Statement of Violation and Notice of Hearing indicates that the Town had previously provided notice of the alleged violation to "Atty. Dickenson, representing Wynne, May 16, 2002." We do not understand why the Town saw fit to contact Mr. Dickenson in 2002, but did not see fit to provide notice to Mr. Dickenson, Ms. Larsen, or myself — all of whom, your records will show, have been representing the Wynne's in this matter for many months — before taking official action in the form of a special master hearing. We believe that fundamental fairness requires that this matter be reheard. As such, we respectfully request that the Town provide us the portions of the Town Code which contain "ALL REQUIREMENTS FOR SUCH REQUEST," including the amount of the appropriate fee. Please fax the requirements and application form to us at (561) 3684008. Todd cc: David Dickenson, Esq. John Randolph, Esq., Town Attorney William Thrasher, Town Manager TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayer JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH September 10, 2003 Todd G. Messenger Siemon & Larsen, P.A. 433 Plaza Real, Suite 339 Boca Raton, FL 33432 Dear Mr. Messenger: Telephone (561) 276-5116 Fax (561) 737-0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR As per your request, please find enclosed copies of the Exhibits from the Special Master Hearing that was held on September 8, 2003 in relation to the code violation at 1511 N. Ocean Blvd., Gulf Stream, Florida owned by your clients Mr. & Mrs. Wynne. Very truly yours, Rita L. Taylor Town Clerk Encls. cc: (Sandy) D. Dickenson 100 SEA ROAD, GULF STREAM, FLORIDA 33483 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Expense connected with Code Enforcement Special Master Hearing Case Number CE -4 -03 (Wynne) held on September 8, 2003. Town Attorney $665.00 Special Master 182.00 Town Clerk 97.26 Town Manager 123.63 $1,067.89 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Telephone p r, F (561) 276 -5116 COMMISSIONERS ,•=. `,'� Fax WILLIAM E KOCH, JR, Mayor (561) 737 -0188 JOAN K. OR , Vice Mayor ?-� -" �., Town Manager FRED B. DEVITT III ITT III 1.. +,�y ��.' WILLIAM H. THRASHER ROBERT W. HOPKINS II ':;q Town Clerk WILLIAM A. LYNCH : y r '� RITA L. TAYLOR Expense connected with Code Enforcement Special Master Hearing Case Number CE -4 -03 (Wynne) held on September 8, 2003. Town Attorney $665.00 Special Master 182.00 Town Clerk 97.26 Town Manager 123.63 $1,067.89 100 SEA ROAD, GULF STREAM, FLORIDA 33483 U- /1] /ZUUO UJ:vo Dol- 131-030D iumi ur uunR,4 mivun rNuc UZ Code Enforcement Special Master Prosecution Cost Recovery Calculation Worksheet Case Number: PICaem UMMOWa Om n Rfd9ec02443%MwcXCn1cWxuon WmJmb=.na Town Attorney Ownership Search Publication cost (if necessary) Recording Fee Secretary Abstract Fee Mailing a. Certified b. Regular Photo ra b(s Cassette Tape(s) Miscellaneous Labor (avg /hr.) a. Inspectors b. Supervisor c- Support TOTAL AMOUNT DUE and PAYABLE Comments PICaem UMMOWa Om n Rfd9ec02443%MwcXCn1cWxuon WmJmb=.na Glen J. Torcivia* Paulette Torcivia Lara Donlon ** *Also Admitted in New York "Also Admitted in Georgia Invoice submitted to: Rita L. Taylor, Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream FL 33483 The Law Office of Glen J. Torcivia and Associates P.A. Northpoint Corporate Center 701 Northpoint Parkway Suite 209 West Palm Beach, FL 3340 7 -1 950 October 03, 2003 INVOICE FOR SERVICES RENDERED In Reference To: Town ofGul'Stremn Code Enforcement Invoice # 12027 Professional Services 9/8/03 PT Attendance at code hearing; preparation of Order. 9/23/03 PT Preliminary review of Motion for Rehearing; review of response to Motion for Rehearing. 9/26/03 PT Preparation of Order regarding Motion for Rehearing. For professional services rendered Additional Charges Telephone (561) 686 -8700 Telefax (561) 686 -8764 Email Glen@torcivialaw.com Hours Amount 1.00 0.30 0.10 1.40 $182.00 Qty /Price Postage charges 1 1.11 1.11 Photocopy chary 8 1.20 .15 Total costs l�Q $2.31 \� cc Total Amou v $184.31 1• C M Glen J. Torcivia* Paulette Torcivia Lara Donlon ** *Also Admitted in New York **Also Admitted in Georgia Invoice submitted to: Rita L. Taylor, Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream FL 33483 The Law Office of Glen J. Torcivia and Associates P.A. Northpoint Corporate Center 701 Northpoint Parkway Suite 209 West Palm Beach, FL 33407 -1950 October 03, 2003 INVOICE FOR SERVICES RENDERED In Reference To: Town of Gulf Stream Code Enforcement Invoice # 12027 Professional Services 9/8/03 PT Attendance at code hearing; preparation of Order. 9/23/03 PT Preliminary review of Motion for Rehearing; review of response to Motion for Rehearing. 9/26/03 PT Preparation of Order regarding Motion for Rehearing. For professional services rendered Additional Charges : Postage charges Photocopy charges Total costs Total Amount of This Bill: Telephone (561) 686 -8700 Telefax (561) 686 -8764 Email Glen@torcivialaw.com Hours Amount 1.00 0.30 0.10 1.40 $182.00 Qty/Price 1 1.11 1.11 8 1.20 0.15 $2.31 $184.31 I. Glen J. Torcivia* Paulette Torcivia Lara Donlon ** *Also Admitted in New York ** Also Admitted in Georgia Invoice submitted to: Rita L. Taylor, Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream FL 33483 The Law Office of Glen J. Torcivia and Associates P.A. Northpoint Corporate Center 701 Northpoint Parkway Suite 209 West Palm Beach, FL 3340 7 -1 950 October 03, 2003 INVOICE FOR SERVICES RENDERED In Reference To: Town of Gulf Stream Code Enforcement Invoice # 12027 Professional Services Telephone (561) 686.8700 Telefax (561) 686 -8764 Email Glen@torcivialaw.com Hours Amount 9/8/03 PT Attendance at code hearing; preparation of Order. 1.00 9/23/03 PT Preliminary review of Motion for Rehearing; review of response to Motion 0.30 for Rehearing. 9/26/03 PT Preparation of Order regarding Motion for Rehearing. 0.10 For professional services rendered 1.40 $182.00 Additional Charges Qtv /Price Postage charges 1 1.11 1.11 Photocopy charges 8 1.20 0.15 Total costs $2.31 Total Amount of This Bill: $184.31 M _I- CERTIFIED MAIL RECEIPT to (Domestic Mail Only; No Insurance Coverage Provided) CO M ru to postage $ ..60 C3 — C3 0 Certified Fee 2.30 9 -9 peora" C3 Retum Rel:e1pl Fee W--d semewfl Required) 1 .75 Hare -0 C13 Restrc:tad Delivery Fee O (Endoelanerit Required) rU Total Postage A Fees $ 4.65 1:1 C3 Sent TO Mr. & Mrs. John Wynne Street, Apt No.; or PO S" No. 1511 N. Ocean Blvd. Gulf --------- - ------ - ---------------------- stream FL 33483 !till. to Certified Mail Provides: • A mailing recelpt • A unique identifier for your mailpiece • A signature upon delivery • A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. ■ Certified Mall is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. • For an additional fee, a Return Receipt may be requested to vide proof of delivery. To obtain Return Receipt service, please complete end attach a Return Receipt (PS Forth 3811) to the article and add applicable postage to cover the te "Return rrfat e duplicatmtum recelp a USPSS postmark on youCet Certified Mall receips required. • For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery'. • if a postmhrk on the Certified Mail receipt Is desired, please present the arti- cle at the post office for postmarking. If a posfmark on the Certified Mail receipt Is not needed, detach and atia label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3M, April 2002 (Reverse) 102595.02 -M -1132 " Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. " Print your name and address on the reverse so that we can return the card to you. " Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: sir. & mrs. Jolu1 Wynne 1511 N. Ocean Blvd. Gulf Stream, FL 33483 A. Addis B. Received D. Is delivery address different from Item 1T L7 Yes If YES, enter delivery address below: 0 No T3T Service Type M Certified Mail 0 Express Mail 0 Registered [A Return Receipt for Merchm 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7002 0860 0005 2631 8543 (transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 1025e5-02- a _ m o �m OLL yda O m m 'z U y a N Ou) O LLaMO_ O U) J Q N O IL N w z I X O y L_ G V 0 N v 6 CD m vi R'pp ❑ co Ogg CL C7 N cc N CL `m c ro RETURN RECEIPT Article Addressed to: Article Number Mr. & Mrs. John Wynne 125 1511 N. Ocean Blvd. Gulf Stream, FL 33483 Signature (addressee) o Signature of Agent Date of Delivery a3 O T :E m 7c z ❑ < m < fflD O rA -+ m -�< O 0 �O o A� O 0 m ZZ-j 0 c z m mp 0 �0 -0 r m n m A m Z Z• �AmmD 0 T m m r m m O A D z 3 zmmm A O N (n �N 0 D�A� m O T ro r 0O 00 Om rnZ m N L1 OZDmm A0m[nz 0 m O zm < Gi0 0m0 M <m cn y D m A ❑ m 0 v 3 y-Di z0 0-q O' m �c OAmOmy cz< *� N m z z m mm m� m0 m M o -ic-) m c 1- ry m n VV C CD `?A 3N -nOm 0 m �z OO z Fu) ZD < -Oi �~ CD z C m Z0D�� m 3 3 C1 tt. 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T T zez0 mmmT .7m7 m 0 (°, Nm 0 A A A A- w A D Dm� N m al G<� DOZ = N - A' M�;00 r 0 O m 3 N ° p7 m om o w m m= m =ZZ� 3 y Z i m m M-4 op m 0 D A ❑❑ ❑❑ = m m0 0�A CrA wm D m 0 D -i 0 --{ N D C,� m TAO TO *O mm gz x ymcn m > O m �< < m z N d A A 0 mcZZ wm 0 m D rnz7' 0°0 �`i-7� r^= m A 1 < MAM Ap mmD -o AOZ 0 0 z r n x AO<D m pOnmA Zi 1 y ❑ ❑❑ +no< z N -i D N O V] (n �Z=r TD N j N N N N m SDT _ v OZ N' v m-+m o O mm o z , n�3 m m9 42 m= M m MM o� m -•m m zv, z Zm m= " A (n -zl D _" TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT 111 ROBERT W. HOPKINS II WILLIAM A. LYNCH September 9, 2003 Mr. & Mrs. John W. Wynne 1511 N. Ocean Blvd. Gulf Stream, Florida 33483 Dear Mr. & Mrs. Wynne: <'e— " Telephone (561)276.5116 s Fax (561) 737-0188 Town Manager WILLIAM H. THRASHER �_ -, - yr •,, • /� • Town Clerk 4i• n RITA L. TAYLOR CERTIFIED MAIL RETURN RECEIPT REQUESTED We are enclosing an Affidavit of Non - compliance covering the Code violation at the above address, cited under Case $4 -03. The violation is the installation of etched glass architectural features on the entry columns that had not received approval from the Architectural Review and Planning Board prior to installation. At the hearing held on September 8, 2003, which you did not attend, the Hearing Officer found that proper notice of the hearing had been given and that you are in violation of Section 66- 141(2)f of the Code of Ordinances of the Town of Gulf Stream. The Order of the Code Enforcement Special Master is as follows: John W. and Barbara S. Wynne shall comply with Section 66- 141(2)f of the Code of Ordinances of the Town of Gulf Stream by the 23rd day of September, 2003. If Respondents do not comply within the time specified, a fine of one - hundred - fifty - dollars ($150.00) per day shall be assessed for each day the violation continues to exist. A Fine Assessment Hearing will be held before the Special Master on the 26th day of September, 2003, at the Town of Gulf Stream, 100 Sea Road, Gulf Stream, Florida, at 10:00 A.M. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 September 9, 2003 Page 2 The Town is awarded their administrative costs, the amount of which will be determined at the Fine Assessment Hearing. A certified copy of Records of Palm Beach Co constitute a lien against the violation existed an owned by the Respondent, for the original amount. this Order may be r unty, Florida, and, o the property of the d upon any other real pursuant to Chapter ecorded in the Public nce recorded, shall original amount upon which or personal property 162, Florida Statutes Upon complying, it is the responsibility of the Respondents to notify the Gulf Stream Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property. Very trulX yours, Rita L. Taylor Town Clerk Encl. TOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 (circle one) CASE NO. 4 -03 LOCATION OF VIOLATION: 1511 N. Ocean Blvd. Gulf Stream, Florida 33483 DATE: September 9, 2003 I, William Thrasher , have personally examined the property described above and (Town Official /Inspector) Find that said property i (NOT) (NOW) in compliance with Section(s) 66-141(2) fOf the Code of the Town of Gulf Stream as of the 9th day of September 20 03 Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 9th day of September , 20 03 by William Thrasher Town Official/Inspector, who is personally known to me or who has produced a Florida driver's license as identification who did /did not take an oath. g`µ��aP RITA L.TAYLOR RX (SEAL) dl7L MYXPIREi SIONk DUIiXb Y�tp�p "C� EXI'IREti. Febrwn _'L IIMb J�INOW FL NMary Sanma9onGrg. NOTARY PUBLIC el State of Florida The Law Office of Glen J. Torcivia and Associates, P.A. Northpoint Corporate Center 701 Northpoint Parkway Suite 209 West Palm Beach, Florida 33407 -1950 Glen J. Torcivia * Paulette Torcivia Lara Donlon ** *Also admitted in New York ** ALso admitted in Georgia September 8, 2003 Rita Taylor, Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Re: Code Enforcement Hearing September 8, 2003 Dear Rita: Telephone (561) 686 -8700 Telefax (561) 686 -8764 Email: Glen@torcivialaw.com Enclosed please find the Order for the Code Enforcement Hearing that was held on Monday, September 8, 2003. If you have any questions, please feel free to contact me. Sincerely, Paulette Torcivia PT:dm enclosure CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA TOWN OF GULF STREAM, Petitioner, V. ORDER FINDING VIOLATION Case No. CE -4 -03 JOHN W. AND BARBARA S. VJYNNE, Respondents. Re: Violation of Section 66 -141 (2) f, of the Code of Ordinances of the Town of Gulf Stream. Address: 1511 North Ocean Blvd. Gulf Stream, Florida Legal Description: N. 82' Lot 1, Blk. D R cv Plat Blk D & Blk E Palm Bch Shore Acres & S 68' Govt. Lot 1 Sec. 10 Twns. 46 South Range 43 East Palm Beach Co. Fl., East of Ocean Blvd. The Special Master appointed by the Town Council to hear code enforcement cases for the Town of Gulf Stream, in accordance with Chapter 162, Florida Statutes, has heard testimony at the Code Enforcement Hearing held on the 81h day of September, 2003, and based on the evidence and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT 1. The Respondents, John W. and Barbara S. Wynne, were not present at the hearing, however, there was a finding of proper notice. 2. The Town Manager, William Thrasher, testified to and introduced photographs of the violation. CONCLUSIONS OF LAW Respondents are in violation of Section 66 -141 (2) f, of the Code of Ordinances of the Town of Gulf Stream. It is the Order of the Code Enforcement Special Master that Respondents, John W. and Barbara S. Wynne, shall comply with Section 66 -141 (2) f, of the Code of Ordinances of the Town of Gulf Stream by the 23`d day of September, 2003. If Respondents do not comply within the time specified, a fine of one - hundred - fifty - dollars ($150.00) per day shall be assessed for each day the violation continues to exist. A Fine Assessment Hearing will be held before the Special Master on the 26°i day of September, 2003, at the Town of Gulf Stream, 100 Sea Road, Gulf Stream, Florida, at 10:00 a.m. The Town is hereby awarded their administrative costs, the amount of which will be determined at the Fine Assessment Hearing. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property of the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent, pursuant to Chapter 162, Florida Statutes for the original amount. Upon complying, it is the responsibility of the Respondents to notify the Gulf Stream Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property. DONE AND ORDERED this 81h day of September, 2003. TOWN OF GULF STREAM CODE ENFORCEMENT BY: Special Master CODE VIOLATION HEARING BEING HELD BY THE SPECIAL MASTER OF THE TOWN OF GULF STREAM ON MONDAY, SEPTEMBER 8, 2003 AT 10 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Case No. CE 4 -04; John W. and Barbara S. Wynne, 1511 North Ocean Blvd., Gulf Stream, Florida 33483. Design of entry gates was altered without approval, a violation of Section 66- 141(2)f. III. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MASTER WITH RESPECT TO ANY MATTER CONSIDERED AT THIS 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 EV=NCF UPON WHICH THE APPEAL _ IS TO BE BASED. F.S.S. 286.0105 SIEMON & LARSEN, P.A. Mizner Park 433 Plaza Real, Suite 339, Boca Raton, Florida 33432 Telephone (561) 368 -3808 - Facsimile (561) 368 -4008 E -Mail - info @siemonlarsen.com June 9, 2003 VIA U.S. MAIL AND FACSIMILE (561) 737 -0188 William H. Thrasher Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Dear Mr. Thrasher: This letter is in response to your "Notice of Violation" letter dated June 3, 2003. The Notice of Violation asserts that the Wynnes are in violation of Section 66- 141(2)f. TOWN OF GULF STREAM, FLORIDA, CODE OF ORDINANCES (2003) (Gulf Stream Code), "which provides that new entrance gates along State Road AIA require a Level 2 Architectural /Site Plan Review." The Wynnes installed their entrance gates in accordance with the plans approved by the Architectural Review and Planning Board. Accordingly, there is no violation of Section 66- 141(2)£ The Wynnes have attached address signs to the approved gates. The address signs are clearly not "new entrance gates," and they are permitted as a matter of right by the Gulf Stream Code. See § § 66- 446(a), 66 -327, Gulf Stream Code. The Town has informed the Wynnes in writing that there is no approval process for address signs by letter dated May 1, 2003. Because the signs are permitted as-of -right without Town approval, the placement of address signs on the approved gate columns is not a violation of the Gulf Stream Code. Because the Wynnes are not violating the Gulf Stream Code, they respectfully request that the Town withdraw its Notice of Violation. The Wynnes remain prepared to vigorously defend their right to keep their address signs in place. cc: Client D. Dickenson .NJ � f within the town beginning at Sea Road on the north and extending to Pelican Lane on the south; extending 50 feet east and west from the east and west boundaries of the right -of -way ofAlA (North Ocean Boulevard), such overlay district to include such right -of -way. (Ord. No. 91 -16, § 1, 10- 21 -91) Sec. 66 -322. Permit — Required. Removal, modification or addition of signifi- cant landscape features in the North Ocean Bou- levard Overlay District is prohibited without a permit, except for the removal and replacement of dead or diseased trees and vegetation and that which is a result of maintenance of plant materi- als including lawn care, pruning and accepted horticultural practices. For the purposes of this section, significant landscape features shall in- clude, but not be limited to, trees having a caliper of four inches or greater, masonry walls, ornamen- tal hedges, ornamental shrubs, berms, columns, gates, fences, driveways or other structures within the North Ocean Boulevard Overlay District. (Ord. No. 91 -16, § 2, A, 10- 21 -91) Sec. 66 -323. Same — Application. Application for a North Ocean Boulevard Over- lay permit shall be made in writing by the owner, or the owner's authorized agent, to the planning and building administrator, and shall include the (1) A statement describing the extent and reason for the intended disturbance. (2) Sufficient photographs of the site and of adjoining properties as viewed from the public right -of -way of North Ocean Bou- levard. (3) A plan, drawn to scale, showing the area to be disturbed with respect to existing and proposed buildings, driveways, set- backs, street and lot lines; and showing the significant landscape features to be removed, modified or altered. The plan shall also show the location, type and size of any proposed plantings and/or struc- tures within the area to be disturbed. (Ord. No. 91 -16, § 2, B, 10- 21 -91; Ord. No. 00 -1, § 15, 3- 10 -00) Sec. 66 -324. Same — Issuance. The North Ocean Boulevard Overlay permit application containing the required information shall be filed with the town in the same manner ZONING § 66-327 and be acted upon in the same manner as is required by the town for site plan review. How- ever, there shall be no charge for a permit for those seeking authorization for removal, modifi- cation or destruction. A permit shall be approved where the town finds that the disturbance will neither destroy nor seriously impair desirable visual relationships among buildings, landscape features and open space, nor introduce incompat- ible landscape features or plant material that destroys or impairs significant views or vistas within the North Ocean Boulevard Overlay Dis- trict. (Ord. No. 91 -16, § 2, C, 10- 21 -91; Ord. No. 00 -1, § 15, 3- 10 -00) Sec. 66 -325. Mitigation. If a North Ocean Boulevard Overlay permit is granted, the town may require mitigation as a condition of the granting of such a permit. Miti- gation shall be in a form and manner directed by the town commission which may require the re- placement of significant landscape features else- where on the property within the North Ocean Boulevard Overlay District in a manner so as to cause the least impact possible to the visual and aesthetic quality of the North Ocean Boulevard Overlay District. Mitigation, for example, may require the planting of canopy trees or the instal- lation of other significant landscape features. (Ord. No. 91 -16. § 2. D. 10- 21- 91;_Qrd. No. 00 -1, 15, 16, 3- 10 -00) Sec. 66 -326. Driveway cuts. Within the North Ocean Boulevard Overlay District only one driveway cut per buildable lot shall be allowed, the driveway to be situated in a manner so as to require the least disturbance of significant landscape features. (Ord. No. 91 -16, § 2, E, 1, 10- 21 -91) Sec. 66 -327. Signs. Signs shall be prohibited within the North Ocean Boulevard Overlay District, except the following: Supp. No. 1 CD66:59 (1) Official road signs, including traffic con- trol devices, erected by the department of transportation or by the town having ju- risdiction over the portion of the North Ocean Boulevard Overlay District in- volved. (2) Address signs and signs designating the name or the owner of an estate or the $•66.327 GULF STREAM CODE name of a condominium or club and signs necessary to designate entrances and ex- its. (3) Signs not visible from North Ocean Bou- levard. (4) Real estate signs which are in conform- ance with section 66 -446 et seq. (Ord. No. 91 -16, § 2, E, 2, 10- 21 -91) Sec. 66 -328. Alteration, expansion prohib. ited. The alteration or expansion of the physical dimensions or location of North Ocean Boulevard within the overlay district is prohibited. This prohibition shall not preclude ordinary mainte- nance and repair. (Ord. No. 91 -16, § 2, E, 3, 10- 21 -91) Sec. 66.329. Maintenance. The provisions of this article shall not restrict the trimming or removal of vegetation in the North Ocean Boulevard Overlay District by util- ities where such trimming or removal is deemed necessary by the utilities for the maintenance and protection of utilities located within the corridor. (Ord. No. 91 -16, § 2, E, 4, 10- 21 -91) Sec. 66.330. Recreational uses. Recreational uses, including basketball goals, - tennis- courts; and-swimming-pools shall noti be located within the 50 -foot North Ocean Corridor and shall be completely screened from view of AIA. All existing tennis courts may remain in their present location but shall meet the screen- ing requirements of this section. (Ord. No. 00 -1, § 17, 3- 10 -00) Secs. 66- 331-66 -350. Reserved. ARTICLE VIII. SUPPLEMENTARY DISTRICT REGULATIONS* DIVISION 1. GENERALLY Sec. 66 -351. Unity of title declaration. (a) Where it reasonably appears that a certain proposed use of property, as set forth in an appli- cation for a building permit, may subsequently be changed by the sale or transfer of a portion of *Cross references — Coastal construction code, § 42 -51 at seq.; marine facilities, structures and places, ch. 52. such property and that such change would negate the application of zoning requirements relating to the proposed use, the town may require the prop- erty owner(s) to execute a unity of title declara- tion as a condition precedent to the issuance of a building permit for the proposed use. The unity of title declaration shall apply to all the property necessary for the proposed use, and shall declare that no portion of said property shall be sold or transferred by the owner or successors in interest apart from the whole. (b) If there is a sale or transfer in contraven- tion of a unity of title declaration, no building permit will be issued for any portion of the prop- erty contained in the unity of title declaration. Declaration shall remain in effect until a release of the unity of title declaration is executed by the town. (c) The unity of title declaration shall be filed at the expense of the owner in the public records of the county. Proof of such filing shall precede the issuance of a building permit. (Ord. No. 83 -1, § 2(X, K), 4 -8 -83) Sec. 66 -352. Nuisances. No use shall be made of any property within any district that shall in any way be offensive or noxious by reason of the emission of any dis- charge, odor, gas, dust, smoke, vibration or noise; nor shall-any vehicle be parlied or used in any way that would constitute a nuisance; nor shall anything be constructed or maintained that would in any way constitute a nuisance to adjacent property owners, residents or to the community. Each use shall be operated so as to lessen the damage from fire and explosion. (Ord. No. 83 -1, § 2(X, J), 4 -8 -83) Cross reference — Nuisances, ch. 22. Secs. 66- 353-66 -365. Reserved. DIVISION 2. ACCESSORY STRUCTURES AND RECREATIONAL FACILITIES Sec. 66 -366. Antennas and antenna systems/ structures. (a) Broadcast receiving antennas or communi- cation antennas may be permitted in any zoning district upon site plan review and approval by the town commission and upon issuance of a building permit by the town. Supp. No. 1 CD66:60 4G DIVISION 7. SIGNS Sec. 66.446. Restriction generally. § 66.446 (a) The erection, display and maintenance of a sign on any property or building within the town is prohibited except the following, which are per. mitted: (1) Signs required by the town or other govern- mental agencies where required by law and those which are necessary and incidental to the performance of governmental activ- ities and responsibilities. (2) Signs required by a club designating and naming the club as well as those signs pro- viding notice to the public designed to pre- vent trespassing and/or the use of the club's property by persons other than those au. thorized by such club. (3) Signs required by owners of private prop- erty including their agents and contractors shall be limited to: a. 'Only one real estate sign, which shall be removed within 48 hours of the sale or rental of the property on which the sign is located. -- ---- b— Onlyvne-siglrwhicii iden 1 rjes contrac. tors and /or subcontractors and their building or renovation activities only in relation to such activities as are being conducted on the particular prop- erty on which the sign is to be erected, displayed and maintained. Such sign shall be permanently removed prior to the issuance of a certificate of occu. pancy or final inspection for the building or renovation activity de- scribed on the sign. (4) Owners of private property may erect, dis- play and maintain a sign identifying their name or ownership, entrance and exit roads and street number identifying such prop. erty. (b) Except for the designation of resident name, iroperty owner, location, or address, the erection, isplay, and maintenance of an illuminated sign n any property is strictly prohibited. Drd. No. 83 -1, § 2(X, C), 4.8.83) § 66.447 GULF STREAM CODE Sec. 66.447. Specifications for permitted Signs. Any real estate sign offering property for sale or rent may be double -sided in design, however, it shall not exceed two square feet in total dimen. sion. Color of signs shall be a white background with black lettering thereon. There shall be no raised lettering. Further, no such real estate sign shall be extended or hung from a pole or poles, but shall be enclosed within a metal frame. The sup- porting member of the frame of the sign shall be installed into the ground to provide that the top of the face of such sign shall not be more than four feet above the finished grade of the ground. Real estate signs shall consist of one sign only, and there shall be no accessory signs attached thereto or located within the frame in which the real es- tate sign is enclosed. Any other sign permitted herein shall not exceed a dimension of six square feet and shall be single -sided in design. All real estate signs must be located on the premises of the property being advertised for sale, no such signs. being allowed on the public right -of -way. or off -site. Any sign erected, displayed or maintained in violation of this section shall constitute a vio- lation of this chapter. (Ord. No. - CX Cr4 =8 83 Ord. -N�923 § -1, 9.28.92) Sec. 66.448. Approval required. Except for the placement of real estate signs, all signs shall first be reviewed and approved by the architectural reivew and planning board prior to the placement of such signs. (Ord. No. 83 -1, § 2(X, C), 4 -8 -83) Supp. No. 1 CD66:52 COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K ORTHWEIN, Vke Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH May 1, 2003 Todd Messenger Siemon & Larsen, P.A. 433 Plaza Real, Suite 339 Boca Raton, FL 33432 RE: Mr. and Mrs. John Wynne 1511 North Ocean Boulevard Etched Glass Entry Columns Dear Mr. Messenger: TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA This is a follow up to recent conversations in regard to this matter. Telephone (561) 276 -5116 Fax (561) 737-0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR As you are aware, the Gulf Stream Architectural Review and Planning Board took no action in regard to your clients' application for clarification relating to the above referenced matter. A copy of the Town's letter relating to this matter is enclosed. Subsequent to the meeting of the ARPB, your office requested information which would allow you to - - - -file- for -an- appeal - regarding -your- -clients' — application: Alt hough- there- was -no- action -to- appeal, —we -did originally, prior to the ARPB meeting, provide you with a list of the materials necessary for an application for review by the ARPB. You subsequently requested forms for the approval of an address sign. As advised, we do not have any forms for the approval of address signs. As previously advised, however, the Town does not consider the Wynnes' etched glass design located on the entry columns to be an address sign, but rather a part of the architectural features of the structure which are reviewable by ARPB. It is the position of the Town that the Wynnes' entry columns as designed, having not been approved by the ARPB, are in violation of Town code. Therefore, unless we hear something from you by the end of next week, May 9, 2003, as to the intent of your clients to comply with the Town's code, we will have no other course of action but to issue a notice of appearance for your clients to appear before the Special Master. Sincerely, W,u 1� ,k William H. Thrasher Town Manager cc: John Randolph, Attorney enclosure 100 SEA ROAD, GULF STREAM, FLORIDA 33483 ro t t I SIEMON & LARSEN, P.A. Mizner Park 433 Plaza Real, Suite 339, Boca Raton, Florida 33432 Telephone (561) 368 -3808 - Facsimile (561) 368 -4008 E -Mail - info @siemonlarsen.com May 9, 2003 VIA U.S. MAIL AND FACSIMILE (561) 737 -0188 William H. Thrasher Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Dear Mr. Thrasher: This letter is in response to your letter dated May 1, 2003, in which you responded to our request for an application to review the Wynne's address signs by advising us that the Town does not have any forms for the approval of address signs, and, further, that it is the Town's position — _ That the_Wynne's "entry_columns- as- design " are in violation- of_Town -Code. You -also - -- -- -- -- -- requested that we respond by May 9, 2003, as to the intent of our client's to comply with the Town's Code. Put simply, we believe that the Wynne's are already in compliance with the Town's code. The Town defines signs as "any ... announcement. . . or communication produced ... by affixing ... a structure ... on any other structure, or ... by attaching on or posting ... any printed, lettered, pictured, figured, or colored material on any building, structure, or surface." § 66 -1, TOWN OF GULF STREAM, FLORIDA, CODE OF ORDINANCES (2003) ( "Town Code "). The Wynne's signs are etched glass that is attached to the columns at the entry gates with exposed screws. They are simply not "part of the architectural features of the structure," but are, rather, "lettered, pictured.... material" that is attached to the surface of the columns. Since the panels are signs, they are permitted by Sec. 66- 446(a) of the Town of Gulf Stream Code, which states in pertinent part: Owners of private property may erect, display and maintain a sign identifying their name or ownership, entrance and exit roads and street number identifying such property. William H. Thrasher Page 2 of 2 May 9, 2003 The Code also specifically permits the signs within the North Ocean Boulevard Overlay District: Signs shall be prohibited within the North Ocean Boulevard Overlay District, except the following: * * * (2) address signs and signs designating the name or the owner of an estate .... § 66 -327, Town Code. The Town has not provided the Wynne's with a specific citation that supports its position that the Wynne's are in violation of the Town Code. We have searched in vain for such a Code provision. Accordingly, in the absence of a specific, clear right of the Town to seek removal of the signs, it is the Wynne's intent to keep them in place — as they had been for many years prior to the reconstruction of the Wynne's house. Moreover, the Wynne's have indicated that they are prepared to vigorously defend their right to keep their signs. Ve truly } ur Todd G. Mes nger } TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH March 20, 2003 Attn: Ruth Siemon & Larsen 433 Plaza Real Suite #339 Boca Raton, FL 33432 Dear Ruth: Telephone (561) 276 -5116 Fax (551) 737.0186 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR As per your request we are enclosing an Application for Appeal, the Code sections under the title of "Appeals ", Resolution 001 -2 listing the fees for applications and a list of what is required to be submitted with the application. You need to furnish only the items that are checked off in the left margin. The two affidavits that are required are also enclosed. Very truly ours Rita L. Taylor Town Clerk Encls. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 l� C)T%oh3. 1 0 V V Town of Gulf Stream Address: /$ -/I /(/ -A0 dl PART 1. APPLICATION REQUIREMENTS To be completed by Town Staff during pre- application conference. A. Review and Approval Processes ❑ 1. N. Ocean Overlay Permit ❑ 2. Land Clearing Permit ❑ 3. Annexation Review ❑ 4. Comprehensive Plan Text Amendment Review ❑ 5. Demolition Permit ❑ 6. Future Land Use Map Change Review 5( 7. Appeal ❑ 8. Zoning code Text Amendment Review B. Application Materials ❑ 9. Sign Review ❑ 10. Site Plan Review, Level 111 ❑ 11. Site Plan Revision ❑ 12. Special Exception Review ❑ 13. Subdivision Review ❑ 14. Variance Review ❑ 15. Rezoning Review ❑ 16. (Other) NUMBER OF COPIES REQUIRED APPLICATION MATERIAL 1 1. Completed Development Application 2. Fee of {$oa+ + 12 3. Generation Location Ma on site Plan 12 4. Site Plan 2 full size, 10 reduced to 11 x17' 12 Lo(v� rGa.e 5. '91evation-I's 2 full size, 10 reduced' 12 6. Floor Plans (2 full size, 10 reduced* 12 7. Roof Plans 2 full size, 10 reduced' 1 8. Perspective and /or Color rendering Recommended for meeting) 1 9. Drainage Plan if altered 12 10. Landscape Plan 2 full size, 10 reduced' 11. Septic Tank Permit 12. DOT Driveway Permit (if on A1A, for any alterations to drive 13. DOT Landscape Permit A1A 12 14. Survey 11" x 17" 15. Subdivision Plat 16. Concurrency Documents 1 17. Proof of Ownership warrant deed 1 18. Agent Affidavit 1 19. Adjacent Property Owners I-l',97" Envelopes 20. Property owners within 257300' (stamped addressed - envelopes, no return address 1 21. Property Owners Affidavit 1 Set C nl f/ {'n 115 +- Cs�% 22. Photos of Existing 1 23. Construction Traffic Management Plan 24. �...�MIC 111U LIP c cuNiea u! a urawurg are regwrea, two copies snau ne an original full size (24" x 36 ") drawing which is signed and sealed. All other copies shall be reduced to 11" x 17 ". Please refer to the instruction for more detailed information. Application for Development Approval, Form ADA.32000 November 2001 Page 1 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH March 5, 2003 Mr. and Mrs. John Wynne 1511 N. Ocean Blvd. Gulf Stream, FL 33483 Re: 1511 N. Ocean Blvd., Gulf Stream, FL Dear Mr. and Mrs. Wynne: 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 meeting held by the Architectural Review and Planning Board on February 27, 2003, your request for clarification relating to the etched glass _ entry columns at the above address was considered. The Board took no formal-ac gt___ and, on the basis that the etched glass entry column signs were not incorporated in and were not a part of the plan previously approved by the Board. The Board, after deliberation, chose to take no action, thereby standing by its previous approval. Although no motion was made, discussion reflected that the Bard members were of the opinion that the etched glass entry column s igns are not typically associated with and consistent with the Mediterranean style architecture that has been previously approved. If you have any questions, please do not hesitate to call. Sincerely, Y�vYnne Manboazd Deputy Town Clerk 1 cc: Wendy Larson, Attorney 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Regular Meeting & Public Hearing Archl6'9ctural Review & Planning Board February 27, 2003 Page 4 Mr. Frankel seconded the motion. Roll Call: Mr. Kent; AYE, Mr. Frankel; AYE, Mr. O'Neal; AYE, Mrs. Anderson; AYE and Chairman Wheeler; AYE. VIII. Items by Staff. A. 1511 N. Ocean Blvd. 1. Administrative clarification: Entry Column Ornamentation Nr. O'Neal declared a conflict of interest, citing his close association aith the Wynnes, and excused himself from the proceedings. Pendy Larson, Attorney for the Wynnes, explained that the owners are aware that the address signs were not a part of the original approval. She stated that the signs are preexistent for many years and believes :hey are consistent with the design standards. She explained the )roperty owners demolished the preexisting structure on the property and :onstructed an approved new home. The address signs were reinstalled Lnd there is nothing in the code, which prohibits the etched glass on he entry columns. She explained that it was backlit on the previous .ouse but it is not lit at present. Ms. Larson apologized on behalf of he owners for not including the sign in the original application. hairman Wheeler acknowledged that the house was approved, but the entry olumns with signs were not. The Chairman stated that the ARPB has the iscretion to make judgments on weather architectural elements are onsistent with the style. He added that the house is a Mediterranean tyle and the etched glass is not consistent with Mediterranean rchitecture. C. Frankel _pointed out that the h,,,,se—that was— demo3-i shed—, —and several :her houses in Town are what prompted adoption of the Design Manual. ze objective is to preserve the character of the Town. ie Board members all agreed that the house is beautifully designed but ie entry columns with the signs do not match the style. :torney Randolph said he had spoken with Attorney Larson who asked what "iteria is to be met for approval. Attorney Randolph pointed out that sere are several criteria that need to be met which include consistency design materials, which are typically associated and consistent with ie proposed architectural style. e Board unanimously agreed that the entry column signs were not ceptable and suggested a wood or framed Spanish tile sign. B. Town Commission Meeting of February 14, 2003 1. Proposed Ordinance 03 /2- Standards for Review of Projects wn Manager Thrasher reported that Ordinance 03/2 was reviewed by the wn Commission at their February 14, 2003 meeting. They felt that the ction on "excessive dissimilarity" should be removed. The Commission ked that the Board revisit this section and offer a recommendation. sy also directed that the Board offer an opinion as to whether the 200 at distance from the proposed site is far enough when reviewing for - essive similarity. `: ;- n LAW OFFICES DICKENSON, MURPHY, REX AND SLOAN A PARTNERSHIP OF PROFESSIONAL CORPORATIONS DICKENSON, REX 6 SLOAN, P.A. REAL PROPERTY LAW ESTATE PLANNING AND ADMINISTRATION SECURITIES ARBITRATION AND LITIGATION INVESTORS RIGHTS T.N. MURPHY, JR.. P.A. CORPORATE LAW CIVIL LITIGATION DAVID B. DICKENSONI T.N. MURPHY, JR. ROBERT H. REX 2 BARBARA A. SLOAN 3 BARBARA N. OLSON OF COUNSEL: RUSSELL C. SILVERGLATE, P. A. I CERTIFIED IN REAL ESTATE BY THE FLORIDA BAR BOARD OF CERTIFICATION 2 MEMBER FLORIDA AND TEXAS BARS 3 MEMBER FLORIDA AND NORTH CAROLINA BARS William H. Thrasher Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Dear Mr. Thrasher: SUITE 410 COMPSON FINANCIAL CENTER 980 NORTH FEDERAL HIGHWAY BOCA RATON, FLORIDA 33432 TELEPHONE (561) 391 - 1900 BROWARD(954) 426 -1900 PALM BEACH (561) 737 -7577 TELECOPIER (561) 391-1933 E-Mall: ddidenson®dmr1awcom bobmComrsiaw.mm bsloanOdmmlawcom January 27, 2003 anurpby®dmrslawcom ry rsileer®late ®dmmlawcom bolson®dmrslawoom Thank you for the courtesy notice of January 16, a copy of which is attached. We will certainly try to reach some resolution of this matter prior to February 17'. I assume we would be entitled to the opportunity to present this matter to the Architectural Review and Planning Board, if not the Town Commission. We do respectfully disagree that the fact that the signs were pre - existing is not relevant. May we please obtain a copy of the appropriate ordinances governing this matter and the appropriate guidelines or other documentation relating to the Architectural Review and Planning Board. —Also, we would-appreciate —cop Ies ofwhatevar application forms might be necessary to have this matter reviewed. Please advise the cost of these copies, and we will be pleased to forward payment immediately. Very truly REX and SLOAN, Attorneys David B. DBD /sjc cc: John Wynne TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH January 16, 2003 Mr. John Wynne 1511 North Ocean Boulevard Gulf Stream, Florida 33483 Re: Glass Panels With Address Dear Mr. Wynne: Courtesy Notice Telephone (561) 276 -5116 Fax (561) 737-0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR Inasmuch as I have been unable to contact you by phone, I am writing this letter. On May 16, 2002 Mr. John Randolph, the Town's attorney, wrote a letter to Mr. David -- Dickerson, - Esquire, concerning- the - above- referenced- glassaddresspanelsattached-to- - - your entrance gate piers. I am attaching a copy of his letter for your reference and review. As stated in that letter, the Architectural Review and Planning Board(ARPB) did not approve the installation of these panels. Although they were on the previous structure prior to its demolition, does not automatically allow for the re- installation of them. Therefore, the panels must be approved by the ARP13 or removed. You are respectfully requested to remove the glass panels by February 17, 2003 to avoid a Notice of Violation. Please call Town Hall at 276 -5116 if you have any questions. Attachment 100 SEA ROAD, GULF STREAM, FLORIDA 33483 l'9L'C9[ /1Ii11f'ea�01N 6i10-rIC (19i14411t u --� -- -' - n� � Isann� do rmot zN �( F3 F�O�S � Q�y/�31f109 NV3�0 H1�ON 1151 �o ➢ a o N93'JO 'JI1NO 110 q 3p ot �vl 1 ~ :�_ of u� c1 1�I LS NC3rr T I� 1 IKIl43 S� llO)IgISyISIC})y�.t�glGbl I qt; ! �tU ► �J a 9 T�y� mf�r5d I I w 9 A N OW r— y t�- j6 a; wy o. wm a !. n.wu w n- JONES FOSTER JOHNSTON & STUBBS, P.A. Attorneys and Counselors John C. Randolph, Esquire Direct Dial: 561 -650 -0458 Direct Fax: 561 - 650 -0465 E -Mail: jandolph @jones- foster.com May 16, 2002 David B. Dickenson, Esquire Dickenson, Murphy, Rex and Sloan Suite 410 Compson Financial Center 980 North Federal Highway Boca Raton, Florida 33432 Re: Town of Gulf Stream Mr. and Mrs. John Wynne 1511 North Ocean Boulevard Our File No. 13147.1 Dear Mr. Dickenson: Flagler Center Tower, Suite 1 100 505 South Flagler Drive West Palm Beach, Florida 33401 Telephone(561)659 -3000 Mailing Address Post Office Box 3475 West Palm Beach, Florida 33402 -3475 Facsimile (561) 832 -1454 This is in response to your letter of May 6, 2002, relating to Mr. and Mrs. John Wynne at 1511 North Ocean Boulevard. I have reviewed Mr. Thrasher's letter of April 25, 2002, and have spoken to Mr. Thrasher in regard to this matter. The fact that the glass panels showing the house numbers are the same as the panels which existed on the previous structure prior to demolition is not relevant as it relates to the Architectural Review and Planning Board's approval of the new structure. The Architectural Review and Planning Board reviewed the plans for the new house which, as I understand it, did not incorporate the subject panels and signs. Wherefore, the panels must be approved by the Architectural Review and Planning Board or removed. It is my suggestion that your client comply with the request of Mr. Thrasher. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. John C. Randolph i JCR /ssm SIGP;ED IN THE , cc: William H. Thrasher, Town Manager AESE^•ICE OF JOHN C. RA,NDOLPH TO EXPEDITE DELI`✓ERy TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH April 25, 2002 Mr. Peter Ince P. o. Box 2553 Delray Beach, FL 33447 RE: Wynn Residence 1511 North Ocean Boulevard Dear Mr. Ince: Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR I write this in reference to the -house number signs at the above property. The signs, as indicated on the enclosed pictures, were not on the original application. A request for the signs must be submitted and approved by the Architectural Review and Planning Board. I appreciate your cooperation in this matter. Sincerely, William H. Thrasher Town Manager 100 Sea, ROAD, GULF STREAM, FLORIDA 33483 7V it t �iqw;rA® ti TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH. JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH January 16, 2003 Mr. John Wynne 1511 North Ocean Boulevard Gulf Stream, Florida 33483 Re: Glass Panels With Address Dear Mr. Wynne: Courtesy Notice Telephone (561) 276-5116 Fax (561) 737-0188 Town Manager WILLIAM H. THRASHER Town Clerk HITA L. TAYLOR Inasmuch as I have been unable to contact you by phone, I am writing this letter. On May 16, 2002 Mr. John Randolph, the Town's attorney, wrote a letter to Mr. David __— ___.__ -Dick=cin,Esquire, _concerning- theabove- referenced- glass - address- panels - attached -to - - - - - -- your entrance gate piers. I am attaching a copy of his letter for your reference and review. As stated in that letter, the Architectural Review and Planning Board(ARPB) did not approve the installation of these panels. Although they were on the previous structure prior to its demolition, does not automatically allow for the re- installation of them. Therefore, the panels must be approved by the ARPB or removed. You are respectfully requested to remove the glass panels by February 17, 2003 to avoid a Notice of Violation. Please call Town Hall at 276 -5116 if you have any questions. Attachment 100 SEA ROAD, GULF STREAM, FLORIDA 33483 JONES FOSTER JOHNSTON & STUBBS, P.A.. Attorneys and Counselors John C. Randolph, Esquire Direct Dial: 561 -650 -0458 Direct Fax: 561 - 650 -0465 E -Mail: jandolph @Jones- foster.com May 16, 2002 Flagler Center Tower, Suite 1 100 505 South Flagler Drive West Palm Beach, Florida 33401 Telephone(561)659 -3000 David B. Dickenson, Esquire Dickenson, Murphy, Rex and Sloan Suite 410 Compson Financial Center 980 North Federal Highway Boca Raton, Florida 33432 Re: Town of Gulf Stream Mr. and Mrs. John Wynne 1511 North Ocean Boulevard Our File No. 13147.1 Dear Mr. Dickenson: Mailing Address Post Office Box 3475 West Palm Beach, Florida 33402-3475 Facsimile (561) 832 -1454 This is in response to your letter of May 6, 2002, relating to Mr. and Mrs. John Wynne at 1511 North Ocean Boulevard. I have reviewed Mr. Thrasher's letter of April 25, 2002, and have spoken to Mr. Thrasher in regard to this matter. The fact that the glass panels showing the house numbers are the same as the panels which existed on the previous structure prior to demolition is not relevant as it relates to the Architectural Review and Planning Board's approval of the new structure. The Architectural. Review and Planning Board reviewed the plans for the new house which, as I understand it, did not incorporate the subject panels and signs. Wherefore, the panels must be approved by the Architectural Review and Planning Board or removed. It is my suggestion that your client comply with the request of Mr. Thrasher. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. John C. Randolph JCR/ssm SIGP;ED IN THE cc: William H. Thrasher, Town Manager AE_.ENCE OF JOHN C. RANDOLPH TO EXPEDITE DELIVERY N b`L ]I' b' E 33336' SITE PL.4T�1 O �LQ. V4• . 1• -n• �,vn n,a.ewlrmco.lewm n.l n..ce NcO[ • •WlRtll YaK tlCJ..fC49M lO M M1Y nAfl R4Rm x N! KRAI.YG I WI.NN Yb,fNIM1.ILAC.LM' WIOLO.Y rLN.,O °- �1 g�� � I� ��ait'sill It � OM ..''��I'!►�! �MC3 mm ®YSY��fiY� N b`L ]I' b' E 33336' nny vl'b•E •JIOI'\ APPROVED SE' /d SEP 2 7 zbm TOWN CI -. V GULF STRFARi, " r b C I u r o U AUG 2 2 20n,r own of Gulf Strea F'L B;jilriir.� Deik?rfm�;rti I r I SITE PL.4T�1 O �LQ. V4• . 1• -n• �,vn n,a.ewlrmco.lewm n.l n..ce NcO[ • •WlRtll YaK tlCJ..fC49M lO M M1Y nAfl R4Rm x N! KRAI.YG I WI.NN Yb,fNIM1.ILAC.LM' WIOLO.Y rLN.,O �1 � I� ��ait'sill It � OM ..''��I'!►�! � nny vl'b•E •JIOI'\ APPROVED SE' /d SEP 2 7 zbm TOWN CI -. V GULF STRFARi, " r b C I u r o U AUG 2 2 20n,r own of Gulf Strea F'L B;jilriir.� Deik?rfm�;rti I r I I�l�r 11 w� m W$ LU mad �U� 1- 3z a F U Q rT W C1 h�Y F z 04 1 25-33 THE Y RDA v48:9E OR/WAW.a3 fF1iL�.T W TH t I ]0 GF TV@ F THAT ACMWI3vRAT1VE COpE I I '� \I' nola Jab Ne, 43999 Dea vMhL G Na o� %. 13 P� � X13 SITE PL.4T�1 O �LQ. V4• . 1• -n• �,vn n,a.ewlrmco.lewm n.l n..ce NcO[ • •WlRtll YaK tlCJ..fC49M lO M M1Y nAfl R4Rm x N! KRAI.YG %IVyC IRypl GO,QLVrtLRLKetW~ b�~oWTIN MaT'LYLy WI.NN Yb,fNIM1.ILAC.LM' WIOLO.Y rLN.,O I�l�r 11 w� m W$ LU mad �U� 1- 3z a F U Q rT W C1 h�Y F z 04 1 25-33 THE Y RDA v48:9E OR/WAW.a3 fF1iL�.T W TH t I ]0 GF TV@ F THAT ACMWI3vRAT1VE COpE I I '� \I' nola Jab Ne, 43999 Dea vMhL G Na o� %. 13 P� � X13 E77MME7L 150A1' LONG W4L GATE I ecaLe.i y 12 03 02:40p Town of Gulf Stream 561 737 0188 FAXCover Sheet TO: - /� �" r ,'�\/ M�C�i� j Phone: Fax Phone: WV-04-6- Date: J`— / 2" -6 3 Number of pages including cover sheet.- Z ZIA I FROM: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Phone: 561- 276 -5116 Fax Phone: 561- 737 -0188 REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP tj ,��'� Originals to Follow by Mail: Yes No CC: Fax Phone: p.1 May 12 03 02:40p Town of Gulf Stream 561 737 0188 p.2 COMMISSIONERS WILLIAM F. HOCH, JR. Mayer JOAN H. ORTHWEIN, Vice Mayor FRED R. DEVITT III ROBERT W. HOPKINS R WILLIAM A. LYNCH May 12, 2003 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA _ �`'��i11�I�i� Y!:% i��, .rr NOTICE OF VIOLATION Mr. & Mrs. John Wynne 1511 N. Ocean Boulevard Gulf Stream, Florida 33483 RE: Revised Entrance Column Design Dear Mr. & Mrs. Wynne: Tait phone (561) Z76 -5116 Fax (561) 737 -C188 Town Manager WILLIAM I. THRASHER To%n Clerk RITA I.. TAYLOR HAND DELIVERY In April 2002, it was noted that the design of the entrance columns had been changed after the Certificate of Occupancy had been issued for the new structures at 1511 N. Ocean Boulevard. A review of the records revealed that the original design had been approved on January 14, 2000. A revised design was approved at a hearing before the Architectural Review and Planning Board on September 27, 2001. The Certificate of Occupancy was issued based on this design. In that the existing columns did not receive approval from the Architectural Review and Plan /� Board, they are in violation of Section 66-141(2)f. tira-bt provides that new entrance gates along State Road AlA require a Level 2 Architectural /Site Plan Review. This is to be considered official notice to alter the design of the entrance columns to conform to the design that was approved ? on September 27, 2001 ar film for R. Level 2 Ar h, ct -1 /c•+ s. ai D_ng to i ur er action as provided 2 of the Code of Ordinances, for Code Enforcement. comply with thi order s a in Chapter 2, Article III, Division a hearing before the Special Master Very truly yours, William Thrasher Town Manager 100 SEA ROAD, GULF STREAM, FLORIDA 33483 FAXCover Sheet TO: A /� �/� /,r / /aM�bi� D/ Phone: _ Fax Phone: REMARKS Date: _ — / y —G- Number of pages including cover sheet: Z ZIA FROM: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Phone: 561- 276 -5116 Fax Phone: 561- 737 -0188 ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP Orieinals to Follow by Mail: Yes No CC: Fax Phone: ���� -������ t -��. q - i7 -��< �������� COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH May 12, 2003 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE OF VIOLATION Mr. & Mrs. John Wynne 1511 N. Ocean Boulevard Gulf Stream, Florida 33483 RE: Revised Entrance Column Design Dear Mr. & Mrs. Wynne: Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR HAND DELIVERY In April 2002, it was noted that the design of the entrance columns had been changed after the Certificate of Occupancy had been issued for the new structures at 1511 N. Ocean Boulevard. A review of the records revealed that the original design had been approved on January 14, 2000. A revised design was approved _ -at- -a - hearing - before t lanning Boar on September 27, 2001. The Certificate of Occupancy was issued based on this design. In that the existing columns did not receive approval from the Architectural Review and Planning Board,they are in violation of Section 66- 141(2)f. that provides that new entrance gates along State Road AlA require a Level 2 Architectural /Site Plan Review. This is to be considered official the entrance columns to conform to on September 27, 2001 or file for Plan Review for the existina desia. notice to alter the design of the design that was approved Level 2 Architectural /Site within 10 days. Failing to i further action as provided 2 of the Code of Ordinances, for Code Enforcement .1 a c this order shall result in Chapter 2, Artic a III, Division la hearing before the Special Master Very truly yours, William Thrashers "' Town Manager J� 6 r 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Research for the Wynne Violation Letter: Sec. 66 -140 Sets procedures & standards for review authorities. Sec. 66- 141(3)a. States what is to be reviewed in Level 3 and that lists "Primary Structures ". Sec. 66- 141(2)b. States what is to be reviewed in Level 2 and that lists "New entrance gates, perimeter walls etc." within the Overlay District. Sec. 66- 145(c)(1) Provides for mandatory simultaneous processing of related development applications. Sec. 66- 144(b)(10)a. and b. Consistency of design and materials and consistency with other on -site structures. Sec. 66- 46(11) Commission to take final action on development permits that are an integral part of and submitted and processed simultaneously with applications for development permits. Since you will be justifying our position in some type of action, thought you should choose the section /s that are in violation. Give me a call to discuss. i' . y FAXCover Sheet TO: Attorney Randolph Phone: Fax Phone: (Date: 6-11-03 Number of pages including cover sheet: RITA FROM: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Phone: 561 - 276 -5116 Fax Phone: 561- 737 -0188 REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP See attached RE: Wynne Violation WHERE DO WE GO FROM HERE? I would usually set up a Special Master Hearing. Originals to Follow by Mail: Yes CC: Fax Phone: No SIEMON & LARSEN, P.A. Mizner Park 433 Plaza Real, Suite 338, 13oca Raton, Florida 33432 Telephone (561) 368 -3808 - Facsimile (501) 368 -4008 E -Mail - info @sismonlersen.com June 9, 2003 VL4 US MAIL AND FACSIMILE (561)737 -0188 William H. Thrasher Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Dear Mr. Thrasher: This letter is in response to your "Notice of Violation" letter dated ,Tune 3, 2003. The Notice of Violation asserts that the Wynnes are in violation of Section 66- 141(2)f. TOWN OF GULF STREAM, FLORIDA, CODE OP ORDINANCES (2003) (Gulf Stream Code), "which provides that new entrance gates along State Road AIA require Level Architectural /Site Plan Review" The Wynnes installed their entrance gates in accordance with the plaits approved by the Architectural Review and Planning Board. Accordingly, there is no violation of Section 66- 141(2)f. The Wynnes have attached address signs to the approved gates. The address signs are clearly not "new entrance gates," and they are permitted as a matter of right by the Gulf Stream Code. See §§ 66- 446(a), 66 -327, Gulf Stream Code. The Town has informed the Wynnes in writing that there is no approval process for address signs by letter dated May 1, 2003. Because the signs are permitted as -of -right without Town approval, the placement of address sighs on the approved gate columns is not a violation of the Gulf Stream Code. Because the Wynnes are not violating the Gulf Stream Code, they respectfully request that the Town withdraw its Notice of Violation. The Wynnes remain prepared to vigorously defend their right to keep their address signs in place, jGe tru ours, Todd G. a senger cc: Client D. Dickenson 'A/q. COMMISSIONERS WILLIAM F KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH June 3, 2003 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE OF VIOLATION Mr. & Mrs. John Wynne 1511 N. Ocean Boulevard Gulf Stream, Florida 33483 RE: Revised Entrance Column Design Dear Mr. & Mrs. Wynne: Telephone (561) 276.5116 Fax (561) 737-0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR CERTIFIED MAIL RETERN RECEIPT REQUESTED In April 2002, it was noted that the design of the entrance columns had been changed after the Certificate of Occupancy had been issued for the new structures at 1511 N. Ocean Boulevard. A review of the records revealed that the original design had been approved on January 14, 2000. A revised design was approved at a hearing before the Architectural Review and-Planning-Board on Septembeer 27, 2001. r The Cetificate of Occupancy was issued based on this design. In that the existing columns did not receive approval from the Architectural Review and Planning Board, they are in violation of Section 66- 141(2)f. which provides that new entrance gates along State Road AlA require a Level 2 Architectural/ Site Plan Review. This is to be considered official notice to alter the design of the entrance columns to conform to the design that was approved on September 27, 2001 within 15 days. Failing to comply with this order shall result in further action as provided in Chapter 2, Article III, Division 2 of the Code of Ordinances, a hearing before the Special Master for Code Enforcement. jVelr�y/� truly yyours, WAIL - 11� L William Thrasher Town Manager 100 SETA ROAD, GULF STREAM. FLORIDA 33483 § 6dt19s GULF STREAM CODE sions, the setback distance along the AlA right -of -way shall be at least 78 feet from the centerline of such right -of -way. (2) Construction in oceanfront areas of the town must comply with all of the provi- sions of the "Palm Beach County Coastal Construction and Excavation Setback Or- dinance" (Ordinance No. 72 -12) and the coastal construction control line estab- lished by the state bureau of beaches and shores, which ordinance or its successor shall prevail in the absence of a conflict- ing town ordinance. (Ord. No. 91 -1, § 2(XXIII, H), 1- 21 -91) Sec. 66 -299. Side yard required. The requirements for side yards in the public facilities district shall be as follows: (1) There shall be side yards of not less than 25 feet or 25 percent of the average foot- age of the lot width whichever is greater h 'd f b 'ldi the intersecting corner point of property lines. The maximum height of any wall, fence or hedge within such visibility triangle shall be 21/2 feet. (b) For the purpose of preserving and maximiz- ing waterfront views from all properties or lots within the town which abut the Atlantic Ocean, the Intracoastal Waterway, any canal, cove or other similar water body, a fence, hedge or wall placed or erected along any side property line shall not exceed four feet in height within the established setback area which immediately abuts and is parallel to such water body. (Ord. No. 91 -1, § 2(XXIII, K), 1- 21 -91) Sec. 66 -302. Accessory building require- ments. For all accessory structures in the public facil- ities district the following requirements shall be observed: (1) All accessory structures shall observe the same setbacks required for the principal structure(s), excepting the following: on eac ai e o a ui ng, including a. Paving, decking, or other impervious porches, projections, cornices and eaves. or semi - impervious, built -up sur- (2) Where any lot is located on any street faces, other than those intended for intersection, or where two or more street use by vehicles, which extend no lines outline any lot, or where any lot is more than four inches above the located upon any corner, each side of the surrounding finished grade eleva- lot facing a street shall, for the purpose of tion may be located within required determining setbacks, be deemed to be setbacks, but shall be no less than the front of such lot. Provided, however, hree –feet from any propertyy fine; - that this provision shall never be con- provided they are screened from ad- strued to require any building to be set joining properties with a wall, fence back along any street a further distance or hedge of at least four feet in than the average setbacks along such height. street. (Ord. No. 91 -1, § 2(XXIII, I), 1- 21 -91) Sec. 66 -300. Rear yard required. There shall be a rear yard in the public facili- ties district of at least 25 feet. (Ord. No. 91 -1, § 2(XXIII, J), 1- 21 -91) Sec. 66 -301. Walls, fences, hedges. (a) All walls or fences outside of building lines of the property in the public facilities district shall not be over eight feet in height. No height limitation is placed on hedges. However, in the event that a wall, fence, or hedge is erected or located on a corner lot, a vehicular and pedestrian visibility triangle shall be provided for a mini- mum distance of ten feet in both directions from (2) No garage or other accessory building shall be erected before the principal build- ing is under construction to the point of being fully enclosed. (Ord. No. 91 -1, § 2(XXIII, L), 1- 21 -91; Ord. No. 92 -7, § 4, 9- 28 -92) Secs. 66- 303-66 -320. Reserved. ARTICLE VII. NORTH OCEAN BOULEVARD OVERLAY DISTRICT Sec. 66 -321. Creation. An overlay district, known as the North Ocean Boulevard Overlay District, is hereby created within the RS single - family residential district, the RM multiple - family residential district, and the OR outdoor recreational district, for that area Supp. No. 1 CD66:58 t- Post -i' Fax Note 7671 Date /_31 -b 3 paoges" To '6 S /Y From I & O Co. /Dept. I Co5N{t • GU 4 C Phone # Phone #.�6 I� )" � I/� q // pp M Fax #. 'W-3 9/- 77/ Fax # -7J -oI6 ZONING § 66 -327 within the town beginning at Sea Road on the north and extending to Pelican Lane on the south; extending 50 feet east and west from the east and west boundaries of the right -of -way ofAIA(North Ocean Boulevard), such overlay district to include such right -of -way. (Ord. No. 91 -16, § 1, 10- 21 -91) Sec. 66 -322. Permit — Required. Removal, modification or addition of signifi- cant landscape features in the North Ocean Bou- levard Overlay District is prohibited without a permit, except for the removal and replacement of dead or diseased trees and vegetation and that which is a result of maintenance of plant materi- als including lawn care, pruning and accepted horticultural practices. For the purposes of this section, significant landscape features shall in- clude, but not be limited to, trees having a caliper of four inches or greater, masonry walls, ornamen- tal hedges, ornamental shrubs, berms, columns, gates, fences, driveways or other structures within the North Ocean Boulevard Overlay District. (Ord. No. 91 -16, § 2, A, 10- 21 -91) Sec. 66 -323. Same — Application. Application for a North Ocean Boulevard Over- lay permit shall be made in writing by the owner, or the owner's authorized agent, to the planning and building administrator, and shall include the – following: - (1) A statement describing the extent and reason for the intended disturbance. (2) Sufficient photographs of the site and of adjoining properties as viewed from the public right-of-way of North Ocean Bou- levard. (3) A plan, drawn to scale, showing the area to be disturbed with respect to existing and proposed buildings, driveways, set- backs, street and lot lines; and showing the significant landscape features to be removed, modified or altered. The plan shall also show the location, type and size of any proposed plantings and/or struc- tures within the area to be disturbed. (Ord. No. 91 -16, § 2, B, 10- 21 -91; Ord. No. 00 -1, § 15, 3- 10 -00) Sec. 66.324. Same — Issuance. The North Ocean Boulevard Overlay permit application containing the required information shall be filed with the town in the same manner Supp. No. 1 CD66:59 and be acted upon in the same manner as is required by the town for site plan review. How- ever, there shall be no charge for a permit for those seeking authorization for removal, modifi- cation or destruction. A permit shall be approved where the town finds that the disturbance will neither destroy nor seriously impair desirable visual relationships among buildings, landscape features and open space, nor introduce incompat- ible landscape features or plant material that destroys or impairs significant views or vistas within the North Ocean Boulevard Overlay Dis- trict. (Ord. No. 91 -16, § 2, C, 10- 21 -91; Ord. No. 00 -1, § 15, 3- 10 -00) Sec. 66 -325. Mitigation. If a North Ocean Boulevard Overlay permit is granted, the town may require mitigation as a condition of the granting of such a permit. Miti- gation shall be in a form and manner directed by the town commission which may require the re- placement of significant landscape features else- where on the property within the North Ocean Boulevard Overlay District in a manner so as to cause the least impact possible to the visual and aesthetic quality of the North Ocean Boulevard Overlay District. Mitigation, for example, may require the planting of canopy trees or the instal- lation of other significant landscape features. (Ord. No. 91 -16 & 2 D 10- 21 -91; Ord-No...001 §§ 15, 16, 3- 10 -00) Sec. 66 -326. Driveway cuts. Within the North Ocean Boulevard Overlay District only one driveway cut per buildable lot shall be allowed, the driveway to be situated in a manner so as to require the least disturbance of significant landscape features. (Ord. No. 91 -16, § 2, E, 1, 10- 21 -91) Sec. 66.327. Signs. Signs shall be prohibited within the North Ocean Boulevard Overlay District, except the following: (1) Official road signs, including traffic con- trol devices, erected by the department of transportation or by the town having ju- risdiction over the portion of the North Ocean Boulevard Overlay District in- volved. (2) Address signs and signs designating the name or the owner of an estate or the § 66 -327 GULF STREAM CODE name of a condominium or club and signs necessary to designate entrances and ex- its. (3) Signs not visible from North Ocean Bou- levard. (4) Real estate signs which are in conform- ance with section 66 -446 et seq. (Ord. No. 91 -16, § 2, E, 2, 10- 21 -91) Sec. 66 -328. Alteration, expansion prohib- ited. The alteration or expansion of the physical dimensions or location of North Ocean Boulevard within the overlay district is prohibited. This prohibition shall not preclude ordinary mainte- nance and repair. (Ord. No. 91 -16, § 2, E, 3, 10- 21 -91) Sec. 66 -329. Maintenance. The provisions of this article shall not restrict the trimming or removal of vegetation in the North Ocean Boulevard Overlay District by util- ities where such trimming or removal is deemed necessary by the utilities for the maintenance and protection of utilities located within the corridor. (Ord. No. 91 -16, § 2, E, 4, 10- 21 -91) Sec. 66.330. Recreational uses. Recreational uses, including basketball goals, tennis courts, and swimming pools shall not be located within the 50 -foot North Ocean Corridor and shall be completely screened from view of AIA. All existing tennis courts may remain in their present location but shall meet the screen- ing requirements of this section. (Ord. No. 00 -1, § 17, 3- 10 -00) Secs. 66- 331-66 -350. Reserved. ARTICLE VIII. SUPPLEMENTARY DISTRICT REGULATIONS° DIVISION 1. GENERALLY Sec. 66 -351. Unity of title declaration. (a) Where it reasonably appears that a certain proposed use of property, as set forth in an appli- cation for a building permit, may subsequently be changed by the sale or transfer of a portion of "Cross references — Coastal construction code, § 42 -51 et seq.; marine facilities, structures and places, ch. 52. such property and that such change would negate the application of zoning requirements relating to the proposed use, the town may require the prop- erty owner(s) to execute a unity of title declara- tion as a condition precedent to the issuance of a building permit for the proposed use. The unity of title declaration shall apply to all the property necessary for the proposed use, and shall declare that no portion of said property shall be sold or transferred by the owner or successors in interest apart from the whole. (b) If there is a sale or transfer in contraven- tion of a unity of title declaration, no building permit will be issued for any portion of the prop- erty contained in the unity of title declaration. Declaration shall remain in effect until a release of the unity of title declaration is executed by the town. (c) The unity of title declaration shall be filed at the expense of the owner in the public records of the county. Proof of such filing shall precede the issuance of a building permit. (Ord. No. 83 -1, § 2(X, K), 4 -8 -83) Sec. 66 -352. Nuisances. No use shall be made of any property within any district that shall in any way be offensive or noxious by reason of the emission of any dis- charge, odor, gas, dust, smoke, vibration or noise; nor shall any vehicle be parked or used in any way that would constitute a nuisance; nor shall anything be constructed or maintained that would in any way constitute a nuisance to adjacent property owners, residents or to the community. Each use shall be operated so as to lessen the damage from fire and explosion. (Ord. No. 83 -1, § 2(X, J), 4 -8 -83) Cross reference — Nuisances, ch. 22. Secs. 66- 353-66 -365. Reserved. DIVISION 2. ACCESSORY STRUCTURES AND RECREATIONAL FACILITIES Sec. 66 -366. Antennas and antenna systems/ structures. (a) Broadcast receiving antennas or communi- cation antennas may be permitted in any zoning district upon site plan review and approval by the town commission and upon issuance of a building permit by the town. Supp. No. 1 CD66:60 e, tea.. f r t. 4 § 66 -327 GULF STREAM CODE name of a condominium or club and signs necessary to designate entrances and ex- its. (3) Signs not visible from North Ocean Bou- levard. (4) Real estate signs which are in conform- ance with section 66 -446 et seq. (Ord. No. 91 -16, § 2, E, 2, 10- 21 -91) Sec. 66 -328. Alteration, expansion prohib- ited. The alteration or expansion of the physical dimensions or location of North Ocean Boulevard within the overlay district is prohibited. This prohibition shall not preclude ordinary mainte- nance and repair. (Ord. No. 91 -16, § 2, E, 3, 10- 21 -91) Sec. 66 -329. Maintenance. The provisions of this article shall not restrict the trimming or removal of vegetation in the North Ocean Boulevard Overlay District by util- ities where such trimming or removal is deemed necessary by the utilities for the maintenance and protection of utilities located within the corridor. (Ord. No. 91 -16, § 2, E, 4, 10- 21 -91) Sec. 66 -330. Recreational uses. Recreational uses, including basketball goals, tennis courts, and swimming pools shall not be located within the 50 -foot North Ocean Corridor and shall be completely screened from view of AlA. All existing tennis courts may remain in their present location but shall meet the screen- ing requirements of this section. (Ord. No. 00 -1, § 17, 3- 10 -00) Secs. 66- 331-66 -350. Reserved. ARTICLE VIII. SUPPLEMENTARY DISTRICT REGULATIONS" DIVISION 1. GENERALLY Sec. 66 -351. Unity of title declaration. (a) Where it reasonably appears that a certain proposed use of property, as set forth in an appli- cation for a building permit, may subsequently be changed by the sale or transfer of a portion of 'Cross references — Coastal construction code, § 42.51 et seq.; marine facilities, structures and places, ch. 52. such property and that such change would negate the application of zoning requirements relating to the proposed use, the town may require the prop- erty owner(s) to execute a unity of title declara- tion as a condition precedent to the issuance of a building permit for the proposed use. The unity of title declaration shall apply to all the property necessary for the proposed use, and shall declare that no portion of said property shall be sold or transferred by the owner or successors in interest apart from the whole. (b) If there is a sale or transfer in contraven- tion of a unity of title declaration, no building permit will be issued for any portion of the prop- erty contained in the unity of title declaration. Declaration shall remain in effect until a release of the unity of title declaration is executed by the town. (c) The unity of title declaration shall be filed at the expense of the owner in the public records of the county. Proof of such filing shall precede the issuance of a building permit. (Ord. No. 83 -1, § 2(X, K), 4 -8 -83) Sec. 66 -352. Nuisances. No use shall be made of any property within any district that shall in any way be offensive or noxious by reason of the emission of any dis- charee odor, gas dust, smnkp, vihratinn nr noiSe; nor shall any vehicle be parked or used in any way that would constitute a nuisance; nor shall anything be constructed or maintained that would in any way constitute a nuisance to adjacent property owners, residents or to the community. Each use shall be operated so as to lessen the damage from fire and explosion. (Ord. No. 83 -1, § 2(X, J), 4 -8 -83) Cross reference — Nuisances, ch. 22. Secs. 66- 353-66 -365. Reserved. DIVISION 2. ACCESSORY STRUCTURES AND RECREATIONAL FACILITIES Sec. 66 -366. Antennas and antenna systems/ structures. (a) Broadcast receiving antennas or communi- cation antennas may be permitted in any zoning district upon site plan review and approval by the town commission and upon issuance of a building permit by the town. Supp. No. 1 CD66:60 t r GULF STREAM DESIGN MANUAL Sec. 70.30. Beachfront District. (a) Summary of district characteristics (RS -B). Architecture: Predominant Mediterranean Revival Lot size: Wide range of lot sizes Other: Beach/ocean frontage Dunes /natural settings Formal homes Gates/wall entries § 70 -30 Ocean access/dune plantings CD70:15 § 70 -30 GULF STREAM CODE (b) Description. (1) The earliest residential development in the town occurred within the Beachfront District simulta- neous with the founding of the Gulf Stream Golf Club and polo fields. Accordingly, the district has the highest concentration of historic houses, most of which are in the Spanish Mediterranean style and were designed by prominent local architects of the 1920s and 1930s. With few exceptions, the lots are all located directly on the ocean with driveways off of North Ocean Boulevard. Much of the area was never formally platted, but the original lots were true estates of two acres or larger. Although most of the lots have been split or reconfigured over time, the vast majority are still at least an acre in size. (2) The Beachfront District is characterized by mostly two -story houses that are fully or partially screened from the road. Together, the homes and landscape features lend a formal and private estate -like feel to the lots in the district. (3) In addition to the historic and newer Spanish Mediterranean style homes, the district also contains a mix of more Contemporary styles, many of which incorporate Spanish Mediterranean -type elements. Several Gulf Stream - Bermuda style homes are present as well. Accordingly, the predominant exterior materials are those associated with the Spanish Mediterranean style, in addition to those found on the Gulf Stream- Bermuda style. Homes in the district contain a variety of window types; however, most of them have small glass panes divided by mullions or muntins on the front and sides of the houses. On the rear, most of the homes incorporate several French doors and larger window openings for increased views of the ocean. The majority of the homes also have large covered patios/lanais to take advantage of the views and ocean breezes. (4) Front entries in the district tend to be a bit more formal and a little more grand than those found in the other districts. These entries provide a clear sense of arrival to visitors, yet do not overpower them by maintaining a proper scale with the rest of the house. Some entries are recessed into the front wall of the building; however, most are comprised of one -story projections supported by stone or stucco columns. Front doors are typically paired and include glass sidelights and circular transoms. (5) On the north end of the district, many homes have perimeter walls and hedging, with formal landscaping in the front incorporating a heavy use of flowering shrubs and annuals. In addition, several have simple, unadorned wood or iron gates designed to match the architecture of the house. Most of the lots on the south end of the district have large stands of native trees and shrubs in the front, with perimeter hedging added for increased privacy from the road and neighbors. Driveways tend to meander through the lots to large motor court areas in front of the house and then lead to garages and service entrances. (6) Due to their large size, all of the direct oceanfront properties include extensive, natural beach and dune areas. To further capitalize on the majestic oceanfront setting, nearly all have swimming pools and expansive decks located in the back yard. Many of the decks have multiple levels leading up from the leeward foot of the dune to the covered lanais. A number of properties also contain detached guest houses and service buildings. CD70:16 a 70.3Q GULF STREAM CODE (bl Description. (1) The earliest residential development in the town occurred within the Beachfront District simulta- neous with the founding of the Gulf Stream Golf Club and polo fields. Accordingly, the district has the highest concentration of historic houses, most of which are in the Spanish Mediterranean style and were designed by prominent local architects of the 1920s and 1930s. With few exceptions, the lots are all located directly on the ocean with driveways off of North Ocean Boulevard. Much of the area was never formally platted, but the original lots were true estates of two acres or larger. Although most of the lots have been split or reconfigured over time, the vast majority are still at least an acre in size. (2) The Beachfront District is characterized by mostly two -story houses that are fully or partially screened from the road. Together, the homes and landscape features lend a formal and private estate -like feel to the lots in the district. (3) In addition to the historic and newer Spanish Mediterranean style homes, the district also contains a mix of more Contemporary styles, many of which incorporate Spanish Mediterranean -type elements. Several Gulf Stream - Bermuda style homes are present as well. Accordingly, the predominant exterior materials are those associated with the Spanish Mediterranean style, in addition to those found on the Gulf Stream - Bermuda style. Homes in the district contain a variety of window types; however, most of them have small glass panes divided by mullions or muntins on the front and sides of the houses. On the rear, most of the homes incorporate several French doors and larger window openings for increased views of the ocean. The majority of the homes also have large covered patios/lanais to take advantage of the views and ocean breezes. (4) Front entries in the district tend to be a bit more formal and a little more grand than those found in the other districts. These entries provide a clear sense of arrival to visitors, yet do not overpower them by maintaining a proper scale with the rest of the house. Some entries are recessed into the front wall of the building; however, most are comprised of one -story projections supported by stone or stucco columns. Front doors are typically paired and include glass sidelights and circular transoms. (5) On the north end of the district, many homes have perimeter walls and hedging, with formal landscaping in the front incorporating a heavy use of flowering shrubs and annuals. In addition, several have simple, unadorned wood or iron gates designed to match the architecture of the house. - - - -- Mast -of- the - lots -on- the - south- end -of- the - district have - large- stands -ofmative-trees-and- shrubs iri the front, with perimeter hedging added for increased privacy from the road and neighbors. Driveways tend to meander through the lots to large motor court areas in front of the house and then lead to garages and service entrances. (6) Due to their large size, all of the direct oceanfront properties include extensive, natural beach and dune areas. To further capitalize on the majestic oceanfront setting, nearly all have swimming pools and expansive decks located in the back yard. Many of the decks have multiple levels leading up from the leeward foot of the dune to the covered lanais. A number of properties also contain detached guest houses and service buildings. CD70:16 GULF STREAM DESIGN MANUAL § 70 -107 Non - approved colors for principal buildings and trim Purples, red (except doors), fluorescent colors, and substantially bright colors (such as: magenta, lime green, bright pink, bright orange), as trim or accent Quoins painted a darker shade than the principal building color (Ord. No. 00 -1, § 45, 3- 10 -00) Sec. 70 -107. Additions and rehabilitations, and replacement of existing features. (a) Generally. Additions and rehabilitations should be designed to match the design of the remainder of the existing structure so that when finished, the addition or rehabilitated portion appears to be an original part of the structure. Wherever possible, existing discouraged or prohibited design elements should be removed or replaced and preferred elements incorporated. Very large additions or significant rehabilitations will be treated as completely new structures. (b) Required. (1) For existing homes identified as having one of the styles of architecture described in article VII of this chapter, the design of the addition or rehabilitated portion shall conform with all standards found in that article for the particular architectural style, unless the style of the entire structure is to be changed. (2) The design of the addition or rehabilitated portion shall match the design of the rest of the existing structure as closely as possible, unless the overall design of the entire structure is to be changed. (3) The design of the addition shall represent a logical extension of the existing structure in terms of location, form, mass, design and use of design elements. (4) The design of the rehabilitated portion shall not create a significant inconsistency of design between the rehabilitated structure and other structures on the property that are not to be rehabilitated. (5) Additions and/or rehabilitated projects which exceed 75 percent of the fair market value of the existing structure shall be considered to be new structures and shall be subject to the standards found in this chapter. (c) Preferred. -- (1)— Replacement/ removal -of- existing - discouraged- and - prohibited- design elements throughout the structure wherever possible. (2) Use of preferred design elements wherever possible. (d) Discouraged. (1) Use of discouraged design elements not present on the existing structure. (2) Repainting the exterior of a home in an existing (nonconforming) prohibited color. (e) Prohibited. (1) Use of prohibited design elements not present on the existing structure. (2) Use of prohibited design elements present on the existing structure without approval of a special exception (see division 2). Supp. No. 1 CD70:52.1 §.66-141 n GULF STREAM CODE cantly different in color, texture, or appearance than the existing mate- rials. e. Changes in exterior wall, roofing, window or door colors which do not require a building permit; f. Increases or decreases in impervious surface areas or changes in impervi- ous surface materials; g. Walls, fences and driveway gates not within the North Ocean Boulevard Overlay District. h. Minor improvements and landscap- ing along AlA and fences or walls along side property lines that are within the 50 -foot North Ocean Bou- levard Overlay District. i. Removal of up to two trees over eight inches in caliper, provided that rea- sonable replacement tree(s) are pro- posed. (2) Projects requiring level 2 architectural/ site plan review. a. Detached, habitable, minor acces- sory structures; b. Expansions of existing primary or accessory structures of greater than 300 square feet or ten percent of the ---existing total -floor area on the prop- erty, but not larger than 50 percent; C. Demolitions of existing primary or accessory structures of greater than 300 square feet or ten percent of the existing total floor area on the prop- erty but not more than 50 percent; d. Projects which utilize design styles, elements or materials in a manner classified as discouraged by the Gulf Stream Design Manual in the appli- cable zoning district; e. Removal of more than two trees of over eight inches in caliper, or re- moval of any trees where replace- ment trees are not proposed. Not- withstanding the foregoing, removal or alteration of more than 50 percent of vegetation on a site requires level III approval. f. New entrance gates along AlA, ma- jor landscaping additions or removal Supp. No. 1 CD66:32 and perimeter walls parallel to AlA that are within the 50 -foot North Ocean Boulevard Overlay District; g. Development proposals which other- wise would require a level 1 archi- tectural/site plan review but which also require a sign review; h. Development proposals which other- wise would require a level 1 archi- tectural/site plan review but which, in the opinion of the planning and building administrator, warrant a level 2 architectural/site plan review due to the development's potential impacts. (3) Projects requiring level 3 architectural/ site plan review. a. New primary structures; b. Expansions of existing primary or accessory structures of greater than 50 percent of the existing total floor area on the property; C. Demolitions of existing primary or accessory structures of greater than 50 percent of the existing total floor area on the property; 4 d. Development proposals which re- quire a variance; e. Development proposals which re- q e a special exception; - -- f. Development proposals which are the subject of a development agreement; g. Development proposals which re- quire a subdivision; h. Development proposals which re- quire an amendment to the official zoning map; i. Development proposals which re- quire an amendment to the future land use map of the comprehensive plan; j. Development proposals which are deemed developments of regional im- pact pursuant to F.S. § 380.06 or which are subject to review for extra - jurisdictional impacts under the pro- visions of the intergovernmental co- ordination element of the adopted comprehensive plan; { k. Clearing of more than 50 percent of a site's existing vegetation; Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Phone (561) 276 -5116 CODE ENFORCEMENT SPECIAL MASTER TOWN OF GULF STREAM, FLORIDA CASE: CE 4 -03 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pu no hei of 1. 2. 3. 4. '11 roil VA * *4 Fax(561)737 -0188 August 5, 2003 -suant to Section 2 -75 of the Town of ice of uncorrected violation(s) of the ein, and requests a PUBLIC HEARIt he Town. Location/Address where violation(s) Legal Description:N. 82' lot 1 blk Gulf Stream Code of Ordinance, the undersigned herby gives Town of Gulf Stream Code(s) and more particular described IG before the CODE ENFOECEMENT SPECIAL MASTER exist(s): 1511 North Ocean Blvd. Gulf Stream FL 33483 D Rev Plat blk D & blk E Palm Bch Shore Acres & S 68' Govt. lotl Sec. 10 Twns. 46 South Range 43 East Palm Beach Co Fl East of Ocean Blvd Name and address of owner /person in Wynne. 1511 N. Ocean Blvd. Gulf charge where violation(s) exist(s): John W. and Barbara S. Stream, Florida 33483 Violation of Town Code Section(s) aid entrance gates along State Road AIA description(s): Section 66- 141(2)f. provides that new require a Level 2 Architectural/Site Plan Review. A design was approved by the ARPB an h columns were constructed inspected and approved Subsequently, etched lass si s wer6 attached to each column which were not a art of the design that was approved. (SEE ATTACHED "EXHIBIT OF V Date of first inspection: Anri125.2 Date owner first notified of violation(s): Attn . Dickenson representing Wynne, OLATIONS ") 1,02 Letter to contractor P eter Ince April 2 5 2 002• Letter to May 16 2002. Courtesy Notice Jan. 16 2003. Official Notice June 3, 2003 corrected: February 17, 2003 and June 18 2003 Date on/by, which violations are to b * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Unless the violator corrects the violation(s) described herein by the date set forth above AND CONTACTS THE UNDERSIGNED CODE INSPECTOR AT (561) 276 -5116 to verify COMPLIANCE with the Town CodeO cited herein, NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the town of Gulf Stream Code Enforcement Special master on September 8. 2003 at 10:00 A.M. or as soon thereafter as the case can be heard in the' Town Hall Commission Chambers located at 100 Sea Road, Gulf Stream, FL. YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MASTER at that time to answer allegations that you have violated the above cited sections of the Code of Ordinances of the Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Master may base his/her finding solely upon presentation by the Town Code Inspector., William H. Thrasher, Town Manager Town of Gulf Stream YOU MUST NOTIFY THE TOWN !OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE August 31, 2003 THAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT YOU ARE REQUESTING A REINSPECTION. IF THE VIOLATION(S) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR CORRECTION, OR IF THE VIOLATION(S) IS /ARE CORRECTED AND THEN RECURS, THE CASE MAY BE PRESENTED TO THE SPECIAL MASTER EVEN IF THE VIOLATION (S) HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MASTER HEARING. IF YOU FAIL TO NOTIFY THE ' OWN OF GULF STREAM, IT WILL BE PRESUMED BY THE CODE ENFORCEMENT SPECIAL MASTER THAT THE PARCEL OF REAL PROPERTY DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE VIOLATION. If the Special Master finds that you have committed a violation, he /she may order IMMEDIATE COMPLIANCE with the Code and if you fail to comply with such order within the time period set forth therein, he /she can IMPOSE A PINE OF UP TO $250.00 PER DAY for each violation remaining in non - compliance. If the Town is successful in prosecdting your case before the Special Master, FINES WILL BE IMPOSED BY THE SPECIAL M4TER. SUCH FINES SHALL CONSTITUTE A LIEN ON ANY REAL OR PERSONAL PR PERTY OWNED BY YOU. FAILURE TO PAY SUCH FINES CAN RESULT IN FORECL , SURE AND COLLECTION ACTION BY THE TOWN. If you disagree with a decision of thel Special Master, you may appeal to the CIRCUIT COURT OF PALM BEACH COUNTY within 30 (thirty) DAYS after the Special Master's Order is entered. If you wish to have the Special Mast 4r RECONSIDER your case for any reason or if your case was in fine and now complied and you ish to request a REDUCTION IN FINE an APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST MUST BE MET FOR THE SPECIAL MASTED TO RECONSIDER YOUR CASE. If a person decides to appeal any decision made by the Special Master with respect to any matters considered at subject meeting, they will need a record of the proceedings, and for such purpose, they may need to ensure that a ver atim record of the proceedings is made, upon which record includes testimony and evidence upon which appeal is based. (FS286.0105) PLEASE GOVERN YOURSELF AdCORDINGLY By: Rita Taylor,(Yown Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 .1HT. 7. CGYJO 1.41r11 D1LI1VI1 4 LHMpL11 11V.11C r.I r SIEMON & LARSEN9 P.A. Mlzner Park 433 Plaza Real, Suite 338, Boca Raton, Florida 33432 Telephone (561) 368.3808 - Facsirplle (561) 368.4008 E -Mail - info @siemonlarsan.com Post-it' Fax Note 7671 Ioate s;—_/y 14066 2 9�0 May 9, 2003 i -7(D's VIA U.S. MAIL AND FACSIMILE 661) 737-0189 William H. Thrasher Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Dear Mr. Thrasher: This letter is in response to your letter dated May 1, 2003, in which you responded to our request for an application to review the Wynne's address signs by advising us that the Town does not have any forms for the approval of address signs, and, further, that it is the Town's position that the Wynne's "entry columns as designed" are in violation of Town Code. You also requested that we respond by May 9, 2003, as to the intent of our client's to comply with the Town's Code. Put simply, we believe that the Wynne's are already in compliance with the Town's code. The Town defines signs as "any ... announcement ... or communication produced , , , by affixing ... a structure ... on any other structure, or ... by attaching on or posting ... any printed, lettered, pictured, figured, or colored material on any building, structure, or surface," § 66 -1, TOWN OF GULF STREAM, FLORIDA, CODE OF ORDINANCES (2003) ( "Town Code"). The Wynne's signs are etched glass that is attached to the columns at the entry gates with exposed screws, They are simply not "part of the architectural features of the structure," but are, rather, "lettered, pictured, , , . material" that is attached to the surface of the columns. Since the panels are signs, they are permitted by See, 66- 446(x) of the Town of Gulf Stream Code, which states in pertinent part: Owners of private property may erect, display and maintain a sign identifying their name or ownership, entrance and exit roads and street number identifying such property. MHY. 7.00UJ 1 ;91M 51LMUN K LHKSLN Hu. 11L Y.0 William H. Thrasher Page 2 of 2 May 9, 2003 The Code also specifically permits the signs within the North Ocean Boulevard Overlay District: Signs shall be prohibited within the North Ocean Boulevard Overlay District, except the following: * * * (2) address signs and signs designating the name or the owner of an estate .... § 66 -327, Town Code. The Town has not provided the Wynne's with a specific citation that supports its position that the Wynne's are in violation of the Town Code. We have searched in vain for such a Code provision. Accordingly, in the absence of a specific, clear right of the Town to seek removal of the signs, it is the Wynne's intent to keep them in place — as they had been for many years prior to, the reconstruction of the Wynne's house. Moreover, the Wynne's have indicated that they are prepared to vigorously defend their right to keep their signs. Ve truly } ur. Todd G. Mes nger �t4