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HomeMy Public PortalAbout04/20/2007 * Case #CE-1-07 * DefrancesTOWN OF GULF STREAM CODE ENFORCEMENT 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 CASE NO. 1 -07 LOCATION OF VIOLATION: 825 Canary Walk Gulf Stream, Florida 33483 DATE: April 20, 2007 I, William Thrasher , have personally examined the property described above and (Town Official/Inspector) 42.26 thru 42.28 & Find that said property is (RUM (NOW) in compliance with Section(s) 66 -3 R 2 of the Code of the Town of Gulf Stream as of the 10th day of April 12007 ll)&.._._. Ky_ Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 10th day of April 2007 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) Lk� ac`""'••'. °�F RRALT OMMISSIONpOD 494672 NOTARY PUBLIC * , EXPIRES: February 21, 2010 MYC State of Florida +�+4,, ndF°� Boded ThN SudVet Notary Service TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED R. DEVITT III CHRIS D. WHEELER MURIEL J. ANDERSON April 20, 2007 Mr. & Mrs. Bryan Defrances 825 Canary Walk Gulf Stream, FL 33483 Dear Mr. & Mrs. Defrances: Telephone (561) 2763116 Fax (561) 737 -0188 Town Manager WILLIAM H.THRASHER Town Clerk RITA LTAYLOR We are enclosing an Affidavit of Compliance covering Code Violations at 825 Canary Walk, Gulf Stream, Florida 33483 cited under Case $1 -07. Thank you for your cooperation in correcting these violations. Very truly yours, Rita L. Taylor Town Clerk Encl. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 The DeFrances Family 825 Canary Walk Gulf Stream, FL 33483 -6103 March 27, 2007 Mr. William Thrasher Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Re: Code Enforcement Special Magistrate Town of Gulf Stream, Florida Dear Mr. Thrasher: Via Hand Delivery Please be advised that we are in receipt of the above referenced document. We have addressed the issues you have concerns with and have the following comments: 1) Tropical Awning is in receipt of the blank permit application you provided us. They are in the process of completing the paperwork and will submit the permit according to your request. It was an oversight that will be remedied immediately. Also, the electrical used to run the fan on the awning was existing and is simply plugged in through an extension cord. Therefore, as far as we are aware, no electrical permit needs to be submitted. 2) We have attached a completed permit for the umbrella awning that we installed on our own. We were not aware that a permit needed to be pulled for the umbrella. Please be advised that we can crank down the umbrella and remove it to store in case of a hurricane. 3) Furthermore, you site that we are in violation because their is a "playhouse 8 storage installed without a permit" and that the storage shed is "not conventional construction of either wood frame or CBS." We were under the impression that this was addressed during your last telephone conversation with Tracey wherein she explained that the shed already existed on our property. She stated that the shed was cleaned up and relocated to a less noticeable area of our yard so it would be more aesthetically pleasing. You asked if Tracey and I would be willing to sign an affidavit stating the shed was there and she agreed. Therefore, Please consider this letter evidence of our statement of such. Mr. William Thrasher March 27, 2007 Page Two. 4) Lastly, the "playhouse" is a plastic children's playhouse. Per your telephone conversation with Tracey, she was under the impression that since this is a temporary structure which can be taken apart and removed, relocated, etc.. at anytime. We thought It did not require any type of permitting. We have attached paperwork on the toy house for your review. Please advise. Please accept our apologies for our late response to your letter. We were not aware that there was an immediate concern to address the issues. As stated, we are not trying to be deceitful in anyway. We are doing our best to improve our home and our street. Please contact us if there is anything further we should take care of. ely, Sin , The DeFrances Family Q C Q��3.r a3�rm 0 30 R R rn Opum `R°3 0.0 cr 0 > > 3 m O N N{ cr A c G N CL 0p�m 3 cu (D < 0 7 a3 d nn fD O N w 1 a f O. 0 0 rD rD R = � 0 =r C mm m o a 3 fC S� N KfDMCL d o n 1 c X m N O O'W;I °n o M O 7 3 7 f R 03 n S to�aa O D d a S t N afD o o n°rD D .m3m N N d R cu d N Q C Q CD 0 3pi'= V 7 U O 0 3 r_ m G) o, 3 <a ci 'a Q a c R R Q 'o a c v m S� O C M Z 71 M M ,C,^ h V I oD 3 a n� G m W T oo_ co m m 0 0 D C c O N (D C rr (D N '0 d m CD O W =" 3 W _v eaT a � 6 a :m9 n O 0=e mho c C 3 c �O 7 0 o C cr S� O C M Z 71 M M ,C,^ h V I oD 3 a n� G m W T oo_ co m m 0 0 D C c O N (D C rr (D N '0 d m CD O W ��tlNVJ Std ~a�� b N C) .." Fz ' 33483 co0�� �� CD ��LJ3 c -n aCl) =r a 3 m w w COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III CHRIS D. WHEELER MURIEL J. ANDERSON March 30, 2007 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Mr. & Mrs. Bryan Defrances Hand Delivered 825 Canary Walk Article # 194 Gulf Stream, FL 33483 Re: Notice of Violation Dear Mr. & Mrs. Defrances: Telephone (561) 2765116 Fax (561) 737 -0186 Town Manager WILLIAM H. THRASHER Town Clerk RITA LTAYLOR I have read your letter to me dated March 27, 2007. I appreciate your response and have the following comments: 1. Tropical Awning has not applied for a permit at this time. When I spoke with your wife back in December, she said that a permit would be forthcoming. I expected that to have been completed before now. Also, please be reminded that all square footage of the awnings must be included in the allowable square for your lot size. As such, 1/a of the square footage of your awning must be considered in arriving at the Floor Area Ratio calculations. Your contractor must verify what the existing square footage of your home is, and the size of your lot as calculated and defined by the Gulf Stream Code. In the event that the additional square footage from your proposed awnings exceeds the allowable permitted square footage, a permit could not be approved by the Town. 2. Although the umbrella portion is removable, the portion that the umbrella fastens into is permanent and must be properly permitted. As stated in item #1, I cannot approve your permit application, even though "self installed" until I can verify the allowable square footage calculations. 3. I was expecting an affidavit before this date. However, I accept your March, 27, 2007 letter as verification that the shed was pre- existing to your ownership of the property. 4. Since the playhouse is movable and is not a permanent structure, it is not in violation of the Town Code and therefore does not require a permit. I will also accept your March 27, 2007 letter as necessary verification. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Code Violation — M/M Brian Defrances March 30, 2007 Page 2 of 2 Sufficient time has been provided you so that you could correct these violations. The violations are not reconciled by just applying for a permit because it must first be determined if a permit could be issued. If you had applied for a permit prior to completing the work, I would have explained to you or your contractor what would have been required to do the work. As of this date, not all of the violations have been successfully satisfied. Therefore, the hearing will proceed as scheduled. At this hearing, you or your representative can present your information as you determine necessary. If you have any further comments, please contact me at your convenience. Sincerely, Wil'. C.)J" William H. Thrasher Town Manager /) }/E \ \ \) \ \\ / §j §r( _ 03 M m ca q § ( §§O )? / !6k �CL w \ §0 § » cr ■02` �[\ § }(0E ) /m& �Ek/ ) §OO2 § LL «` - E § < <` | W ) - §� k / §�| \ ) _ \ / } \` \ ) /)k � § ° < < 2 \%\, § \\ / \U \k cl a \ /{ U) U) ( 2 \ / \E ])W 2)W / /k .. - - ) ) %. \$0 \2 | / {/ ¥E 9X C3 N § a §) }§ &s § 0 M § < @� { \ |k § \/ t ID « -) ƒ 2 ! z< / \ )° Jf ( � B o§ - j z() [ 0 ® ( i» » \/ a © !£�[k) ) gE A 7§cy0/ § 7 \§ ;� 2 ! ) § §::j:) I/ % j) k )®\ / } 0< &© §)§)R/ Article Addressed To; RETURN RECEIPT - - -- Mr. & M's. B2fan Defrances 825 Canary Walk Gulf Stream, FL 33483 10tur r(Ad essee) Agent Signature Article N0. 194 Date Delivered 3(: 46 % /%Xo C45:1 it - C1703. C1703. Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Building Planning and Ph. (561) 276 -5116 Zoning Department Fax (561) 737 -0188 CODE ENFORCEMENT SPECIAL MAGISTRATE TOWN OF GULF STREAM, FLORIDA CASE NO: CE 1 -07 March 13. 2007 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL MAGISTRATE of the Town. Location/Address where violation(s) exist(s): 825 Canary Walk, Gulf Stream FL 33483 2. Legal Description: Lot 21, Place Au Soleil Subdivision Town of Gulf Stream 3. Name and address of owner /person in charge where violation(s) exist(s): Via^ arld C. Defrances 4. Violation of Town Code Section(s) and description(s): Sections 42.26 through 42.28- Canvas awnings & electric service installed without a permit; playhouse & storage installed without a permit, Section 66- 382 - storage shed not conventional c of eiLtE wood frame or CBS. (SEE ATTACHED "EXHIBITS OF VIOLATION ") 5. Date of First Inspection: im Date owner first notified of violation(s): 11 -20 -06 & 12 -18 -06 7. Date on/by, which violations are to be corrected: 3 -28 -07 * * * * * * * * * * * * * * * * * * * * * * * * ** *IMPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * ** Unless the violator corrects the violation(s) described herein by the date set forth above AND CONTACTS THE UNDERSIGNED CODE INSPECTOR AT 561- 276 -5116 to verify COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HERBY GIVEN THAT A PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf Stream Code Enforcement Special Magistrate on __4-10-D7 at In a M or as soon thereafter as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf Stream, Florida. YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE at that time to answer allegations that you have violated the above cited sections of the Code of Ordinances of the Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Magistrate may base his /her findings solely upon presentation by the Town Code Inspector William H. Thrasher, Town Manager Town of Gulf Stream YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE 4-2-07 . 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 VIOLATIONS) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR CORRECTION, OR IF THE VIOLATIONS) IS /ARE CORRECTED AND THEN RECUR(S), THE CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATION(S) HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING. IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION. If the Special Magistrate finds that you have committed a violation, he/she may order IMMEDIATE COMPLIANCE with the Code and if you fail to comply with such order within the time period set forth therein, he/she can IMPOSE A FINE OF UP TO $250.00 PER DAY for each violation remaining in non - compliance. If the Town is successful in prosecuting your case before the Special Magistrate, FINES WILL BE IMPOSED BY THE SPECIAL MAGISTRATE. SUCH FINES SHALL CONSTITUTE A LIEN ON ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE TO PAY SUCH FINES CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN. If you disagree with a decision of the Special Magistrate, you may appeal to the CIRCUIT COURT OF PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered. If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was in fine and is now in compliance and you wish to request a REDUCTION IN FINE, an APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST MUST BE MET FOR THE SPECIAL MAGISTRATE TO RECONSIDER YOUR CASE. If a person decides to appeal any decision made by the Special Magistrate with respect to any matters considered at subject meeting, they will need a record of the proceedings, and for such-purpose, they may need to ensure that a verbatim record of the proceedings is made, upon which record includes testimony and evidence upon which appeal is to be based. (FS 286.0105). PLEASE GOVERN YOURSELF ACCORDINGLY Z"',/ By: Rita L. Taylor, Tow Jerk Town of Gulf Stre 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 9 J L BUILDINGS AND BUILDING REGULATIONS ARTICLE 1. IN GENERAL Sec. 42.1. Storage on roofs of buildings or structures. (a) The storage of materials upon the roofs of structures or buildings located within the town creates a hazard to residents and other structures and buildings located within the town. It is the desire of the town commission to provide for the health, safety and welfare of the residents of the town by eliminating such potential hazards. (b) The storage of materials of any kind upon the roofs of buildings or structures located within the town is hereby prohibited. (c) Temporary storage afmaterials for periods of time not to exceed 48 hours, which storage is necessary for roof construction or roof repairs, may be allowed by permit granted by the town. (Code 1978, § 8 -9) Sec. 42 -2. Construction site management handbook. (a) The town managershai}enablish and main. twin a manual pertaining to construction stan- dards and town policy ronm7ring construction activities on properties located within the town. This manual shall be ti&" "Construction Site Management Handbook" and shall be binding upon contractors, Owners, scsido,, s and others with respect to construction and maintenance activities on private properties within the town. This Uonerruction site management handbook shall be adopted and amended as necessary by resolu- tion of the town commission. (b) Permits for construction identified in the construction site management handbook shall be subject to and conditioned upon the contractor and the property Owner complying with the terms and conditions of the construction site manage. ment handbook. (Ord. No. 954, §§ 1, 2, 7- 23-95) Secs. 42- 3- 42.25. Reserved. ARTICLE 11. CONSTRUCTION STANDARDS Sec. 42.26. Adoption of codes by reference The town hereby ndopta by rcforenco the pro- visions of all building codes and building relut.xl codes in force and effect in I.he county ne ndopted or enacted by the etnte or the baonl ofcuvnt)• Supp. No. I CD42:3 042-27 commissioners and the building department of that county, and as amended from time to time. For the purposes of this section, building related codes shall include the county's minimum hous- ing codes, and other construction related regula. tions which serve to insure the construction and maintenance of safe structures. (Code 1978, § 4 -1; Ord. No. 98 -1, § 1, 4.14 -98) Sec. 42.27. Issuance of permits; inspections. (a) The county serves as the town's building official and shall issue all building permits for construction in the town. The town shall charge a fee to cover the costs associated with reviewing for compliance with zoning, design manual and other town ordinances. Such fee shall be estab- lished in n fee schedule adopted by a resolution of the town commission. The town manager or the contractor will requestthecounty building depart. ment for inspection for a given time and date and the permit inspection card and plan shall be on the construction site at all times and the inspec- tor on completion of his inspection will mark the card as to acceptance and the date thereon, or will note reasons for rejection. Upon completion of the Project and final inspection, by both the county and the town if necessary, the inspector will report this to the county building department, which shall than issue the certificate of occupancy to the builder. (b) If there is a change in the initial plans as approved, the contractor shall be required to file such plan change with the town. The fee payable to the town for review of such change in plans sball be as indicated in the town fee schedule. (c) If the contractor wishes to either demolish or move a building or structure located within the town, a permit must be obtained from the town and a fee established by the town's fee schedule Ebel] be paid to the town for receipt of such permit. Id) If n con eiruction'Areller s,,parked within the town a permit shall be required therefor nlong with npprovol of the town commireinn, and n permit fir in the nmount ustrlbliahed hi the Lown's fsa cc•hedule shnJl be pnid to the. town, Tile xrm11 ..' will ho valid for a P4,rlcd of ale months. t!a I(r. Jrnr.on fnllw.td uhtn)n ii.Lttlldlri�:petiih;;i'::,% where utJterwi.cr roquirod - within the. WW�J,:,altis.z;'•' p-,nuhv I'fo nppliwble by the county in l.lianfntitlA3 °.;(';t; of four times the rugulm feu dua ur fhe'ct{u »ly'k' �'.'. 042 -27 GULF STREAM CODE shall be paid. In addition, there shall be paid to the town a fee four times the regular fee due the town. (Code 1978, § 4 -3; Ord. No. 89-6, § 1, 12- 15 -69; Ord. No. 98 -1, § 1, 4- 14 -98) Sec. 42 -28. County to process applications; fees for service. The county building department shall process plans that are submitted in triplicate, checking the same for compliance with the codes adopted in this article, and will determine the amount of the Permit fee and supply a copy of the same to the town. For this and the inspection service the county shall charge the builder o permit fee as established by the county building permit, fee schedule. The fee to the county shall be paid by the builder at the time application for permit is submitted to the county. (Code 1978, § 4-4) Sec. 42.28. Approval of supplier of water prior to permit issuance. No building permits shall be issued in the town which construction necessitates-.awateteonnec- tion, unless and until the plans submitted to the town are approved and stamped by the utilities department of the City of Delray Beach'; Florida. It shall be the responsibility of any person seek. ing to obtain a building permit within-thetowrl'ta' provide sufficient proof to the town of approval by the City of Delray Beach Utilities Department as described above. _ (Code 1978, § 4 -6) Sec. 42.30. Construction abandonment_ All authorized construction shall be-completed- prior to the expiration of the building permit issued by the county. The expiration ol:a- -butting permit shall be prima facie evidence that the building project has not commenced or has -been abandoned. Failure of the permit holder or the property owner to complete construction once it has been initiated within the timefrsme of the building permit is a violation that will be referred to the special master pursuant to Chapter Z'Anidi l_M,_ Division 2, of this Code. Failure to restore the site to its preconstruction conditions, including _ re - move] of all structural improvements and place. ment of sod on all disrupted portions of the site, may result in a fine not to exceed $250.00 per working day after the permit expires. (Ord. No. 00 -1, § 1, 3- 10 -00) CD42:4 Sec. 42 -S1. Driveway permits. (a) Permit required. Construction orreconstrue- tion of driveway aprons within town right -of -way shall not commence until the town has issued a driveway connection permit. The permit shall be processed as a Level I site plan approval. The town may impose reasonable conditions to ensure that driveway rum -off is directed away from the roadway, to ensure free flow of drainage across the base of the driveway apron where necessary to reach existing or proposed drainage out - falls, and to ensure proper connection with the travel lane of the adjacent roadway. (b) Properties fronting on SR A14 Not with- standing the foregoing, properties proposing ac- cess to State Road AlA shall first obtain a drive- way permit from the state department of transportation. (Ord. No. 00-1, § 2, 3.10 -00) Secs. 42- 32- 12 -50. Reserved. ARTICLE 11). COASTAL CONSTRUCTION CODE* Sec. 42 -61. Definitions.. The following words, terms and phrases, when used in this article, shall have the meanings aecrihed to them in this section, except where the context clearly indicates a different meaning. Beach shall mean the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiogrsphic form, or to the line of permanent vegetation, usually the effedive_limit- of.storm waves. "Beach" is alterna. tively termed "shore." Breakaway wall or frangible wall shall mean a Partition independent of supporting structural members that will withstand design wind forces, but which will fail under hydrodynamic, wave and runup forces associated with the design storm surge. Under such conditions, the wall shall fail in a manner such that it breaks up into compo. nents wbich- mini mize the potential for damage to life oradjacentproperty. It shall be a character- istic of a breakaway or frangible wall that it shall -Croce mlereacer watemmys, ch. 96; marine facibur,; strunureE and plates, ch. 52; planning and development, ch. 66; znninE, ch. 66; site plan review, a 66 -15] et seq.: supple. memory district regulation, § 66 -351 et seq. Stole law "termer-- Coastal contruetion, F.S. 4161.1153 ML seq. J 0 ft " E C7 " " ZONING Sec. 66 -370. Approval of other residential recreational facilities. Any other residential recreational facilities shall not be located on any property zoned for residen- tial purposes without the express approval of the architectural review and planning board and town commission. (Ord. No. 83 -1, � 2(X, I, 4), 4 -8 -83; Ord. No. 91 -12, � 2, 1- 21 -91) Secs. 66- 371-66 -380. Reserved. DIVISION 3. CARPORTS, GARAGES, STORAGE FACILITIES" Sec. 66 -381. Carports prohibited. No carport shall be erected or permitted within any zoning district in the town. (Ord. No. 83 -1, � 2(X, E), 4 -8 -83) Sec. 66 -382. Garages, storage facilities, etc.  Materials restricted. Any garage, storage room or other similar detached facility shall be conventional construc- tion of wood frame or CBS. No metal buildings or structures shall be permitted. No mobile home, manufactured home or trailer is permitted within any zoning category within the town. (Ord. No. 83 -1, � 2(X, F, 1), 4 -8 -83) Sec. 66 -383. Same Setbacks. All approved garage, storage or similar facili- ties shall meet all yard requirement setbacks of the district in which the property is located and shall be located in such a manner so as not to face any public street or roadway, or shall be ade- quately screened or buffered so as not to be visible from any public street or roadway. However, for lots of less than 20,000 square feet, garages shall be permitted to face the street without screening. (Ord. No. 83 -1, � 2(X, F, 2),4-8-83; Ord. No. 91 -23, � 3, 10- 21 -91) Secs. 66 -384-66 -395. Reserved. *Cross reference  Parking of recreational equipment or commercial vehicles, � 30 -36 at seq. DIVISION 4. LANDSCAPINGt Sec. 66.396. Required. � 66-398 Landscaping shall be provided in all zoning districts in the town according to the following regulations: (Ord. No. 83 -1, � 2(X, L), 4 -8 -83) Sec. 66.397. Open land uses. (a) Open land uses shall mean open air park- ing lots, private or public. Any open land use area which abuts any public street right -of -way or abuts or is across an alley from any land used for residential use shall be required to provide a planting strip inside the property line. Such plant- ing strip on the front property line shall be not less than three feet in width and shall be provided with a hedge of not less than one foot or more than three feet in height to form a continuous screen between the open land use and the public street right -of -way. (b) In the planting strip on land used for multiple -family residential which is abutting and/or immediately adjacent to single- family residential there shall be erected a living hedge not more than seven feet from the residential property line. Such hedge must be planted within 30 days after occupancy or use of the property, must be planted not more than three feet apart, and must be maintained at a height of not less than seven feet. (c) The area of the required planting strip not occupied by a fence or hedge shall be provided with grass or other plant ground cover material. In addition, one tree shall be provided for each 40 lineal feet of such landscaped area. Such trees shall be not less than eight to ten feet high at time of planting and be of such variety that at maturity they will have a crown spread not less than 15 feet. (Ord. No. 83 -1, � 2(X, L, 1 -3), 4 -8 -83) Sec. 66 -398. Accessways. Necessary accessways from public rights -of- way through all required landscaped areas shall be permitted to service the open land use. (Ord. No. 83 -1, � 2(X, L, 4), 4 -8 -83) tCross reference Landscape irrigation regulations, � 34 -76 et seq. CD66:87 § 70.49 GULF STREAM CODE (b) These prohibitions shall not extend to telephonic transactions and communications. Sec. 70 -50. Private schools. Any private school conducted in any single family residential zoning district may continue to be used as such under the provisions of sections 66 -131 et seq. of this Code, provided however, that any private school building, or other structure used in connection with and as a part of and appurtenant in the operation and maintenance of such private school, may be replaced, or another building substituted in place thereof; repaired and maintained from time to time as shall be necessary for the effective operation and maintenance of such private school; and further, any development permits, orders or written agreements granted or executed by the town prior to the adoption of this chapter shall remain in full force and effect. Sec. 70 -51. Minor accessory structures. The following structures shall be considered as minor accessory structures in all five single family zoning districts subject to specific setbacks established in this chapter. Any structure which is larger or more intensive shall be subject to the same setbacks as the principal structure. (1) Detached, one -story structures of 300 square feet or less and 18 feet or less in height, including but not limited to: Garages /sheds Gazebos Greenhouses Guest houses Pool cabanas/bathhouses Trellises/arbors (2) Permanent recreation facilities, including but not limited to: Batting cages/backstops Forts and playhouses In- ground swimming pools and spas Paved/special surface areas and accompanying equipment and/or fencing for tennis/squash/ racquetball, basketball, shuffleboard, putting greens/sand traps, etc. Swing sets and other playground equipment (3) Fountains. (4) Mechanical equipment and television antennae/satellite dishes. (5) Decks and patios with elevations greater than eight inches above highest abutting grade. (6) Awnings with leg supports and those otherwise extending more than three feet out from a structure. (7) Docks, boat lifts, and davits. (8) Flagpoles. CD70:24 ! e m « o om /lg77� Gm - / - ( ` /7 22/ @ =! 7 k ( § \ 9 ® 92$k() & � k °-< m co -< ƒ � m§ 2 \ § z k ) ) )2/[A§ 0 m ] ] 3 Bn ) m ] �, g \ ! \§ z o\ , %m )m & CD m ( �2 z ` a / 2� \ ) 3 2 ; ! 2 s� )§ ° e \ \ ) ; \ o )§ 7 § �` `& > & / o m m § >k ) - -i , - m -�,, « - Q E_` §; 0K§ § 2 ] ! � » q.7 - e m �)� k`/ jz \ § ) ` f `x » \ Fn } ;[ ( m §* m § / y § \ > 5 ƒ \Z k m ® '\ ) , § - % _ 2 \ m • § 2 ; § §§/ 7 �K ®° m ) »m, ) ]§2/ pq 7m z \ 0 ` 20, /`2 ( `0> `> ���� 0 }0 _\ k co /k o z _ o o=,® a a m a m ; 6m 9 §` 2/2 2/! 7es ®` 922 Article Addressed To;: RETURN RECEIPT Article No. Mr • & ^�s . Bryan Defrances $i�Walk f Stream, 191 o r Signatus addressee) Date Delivered o Agent Signature COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. OEVITT III CHRIS 0. WHEELER MURIEL J. ANDERSON November 20, 2006 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE OF VIOLATIONS Mr. & Mrs. Bryan Defrances 825 Canary Walk Gulf Stream, Florida 33483 Dear Mr. & Mrs. Defrances: Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA LTAYLOR It appears there may be several violations of the Gulf Stream Code of Ordinances at the address shown above. We find no building permit on file to cover the installation of the canvas awnings which is a violation of Sections 42.26 through 42.28. While canvas awnings are considered an accessory structure, they still require a building permit prior to installation. There are two additional accessory structures, a playhouse and a storage shed that may also be in violation. These must be included in the floor area ratio calculation for the property and must meet the accessory setback requirements. The storage shed appears in violation of Section 66 -382 in that it shall be conventional construction of either wood frame or CBS. Copies of the Code Sections listed herein are enclosed for your review. Please call for an appointment to meet with me within 10 days to discuss these matters. Very truly yours, R1.. b. H • Lam_ William H. Thrasher Town Manager Encls. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vin Mayor FRED B. DEVITf III CHRIS D. WHEELER MURIEL J. ANDERSON December 18, 2006 Mr. & Mrs. Bryan Defrances 83S Canary Walk Gulf Stream, Florida 33483 Re: Notice of Violation — Follow up Dear Mr. & Mrs. Defrances: Telephone (561) 276-5116 Fez (561) 737 -0166 Town Manager WILLIAM H.THRASHER Town Clerk RRA LTAYLOR As you requested in our telephone conversation today, I am attaching two (2) Palm Beach County Permit Applications to this letter. Your contractors must complete the application and provide appropriate supporting documents for all canvas coverings in your rear yard. Our records indicate that a permit(s) for the various canvas awnings was not obtained. In addition you must apply for a permit for the electric feeding the fans and television under one of the rear awnings. Please have your contractor(s) submit a permit application and the appropriate documents to our office for our review. Following the Town's review and approval of the application(s), the applications then must be submitted to the Palm Beach County Building Department for their review and approval. Finally, as per our conversation last month, an affidavit prepared and signed by you is required. This affidavit must state that the storage shed presently located on your property was there before you purchased the property. Thank you for your cooperation. /Sincerely, r� William H. Thrasher Town Manager 100 SEA ROAD, GULF STREAM, FLORIDA 33483 V a Y kkr_ is BUILDINGS AND BUILDING REGULATIONS ARTICLE 1. IN GENERAL Sec. 42.1. Storage on roofs of buildings or structures. (a) The storage of materials upon the roofs of structures or buildings located within the town creates a hazard to residents and other structures and buildings located within the town. It is the desire of the town commission to provide for the health, safety and welfare of the residents of the town by eliminating such potential hazards. (b) The Storage of materials of any kind upon the roofs of buildings or structures located within the town is hereby prohibited. (c) Temporary storage of materials for periods of time not to exceed 48 hours, which storage is necessary for roof construction or roof repairs, may be allowed by permit granted by the town. (Code 1978, § 8 -9) Sec. 42 -2. Construction site management handbook. (a) The town ma318ger9hal} establish and main. tain a manual pertaining to construction Stan- dards and town policy cenccrning construction activities on properties located within the town. This manual shall be titled "Construction Site Management Handbook" and shall be binding upon contractors, owners, sisidont6 and others With respect to construction and maintenance activities on private properties within the town. This construction site management handbook shall be adopted and amended as necessary by resolu- tion of the town commission. (b) permits for construction identified in the construction site management handbook shall be subject to and conditioned upon the contractor and the property owner complying with the terms and conditions of the construction site manage- ment handbook. (Ord. No. 954, §§ 1, 2, 7- 21 -95) Secs. 42- 3- 42 -25. Reserved. ARTICLE 11. CONSTRUCTION STANDARDS Sec. 42.26. Adoption of codes by reference The town hereby ndopte by mfortncu the pro. visions of all building codes and building reluoixl codes in force and effect in the county a. ndnpted or enacted by the etm.e Or the board of county Supp. No. I CD42:3 0 42 -27 commissioners and the building department of that county, and as amended from time to time. For the purposes of this section, building related codes shall include the county's minimum hous- ing codes, and other construction related regula- done which serve to insure the construction and maintenance of safe structures. (Code 1978, § 4 -1; Ord. No. 98 -1, § 1, 4- 14 -98) Sec. 42.27. Issuance of permits; inspections. (a) The county serves as the town's building ofiirlal and shall issue all building permits for construction in the town. The town shall charge a fee to cover the costs associated with reviewing for compliance with zoning, design manual and other town ordinances. Such fee shall be estab- lished in a fee schedule adopted by a resolution of the town commission. The town manager or the contractor will request the county building depart- ment for inspection for a given time and date and the permit inspection card and plan shall be on the construction site at all times and the inspec- tor on completion of his inspection will mark the card as to acceptance and the date thereon, or will note reasons for rejection. Upon completion of the project and final inspection, by both the county and the town if necessary, the inspector will report this to the county building department, which shall then issue the certificate of occupancy to the builder. (b) If there is a change in the initial plans as approved, the contractor shall be required to file such plan change with the town. The fee payable to the town for review of such change in plans sbal) be as indicated in the town fee schedule. (c) If the contractor wishes to either demolish or move s building or structure located within the town, a permit must be obtained from the town and a fee established by the town's fee schedule shall be paid to the town for receipt of such permit. (d) if n coniirrucUiDn`!traU*r.L perked within the town a permit 6111131 be required therefor along with approval of the town cummi.stnn, and n Permit fir• in the nuluunt eetnbhphod )n the town'# fee Fchedule shall be pnid to the town, 31hq pertnll will ho valid for a p.rltd of ■la monthig. Ire 1(u lmr.on toll. w ohtnln A.buBdlnypormll where ollwmi.0 roquirod within the 1owil. penally Iry npplicoblu Icy the county In tlio nmtn7111'�;Fs, Of four times 1.110 rupular fee duo to the count), C 42 -27 GULF STREAM COD: shall be paid. In addition, there shall be paid to the town a fee four times the regular fee due the town. (Code 1978, § 4 -3; Ord. No. 89-6, § 1, 12- 15.89; Ord. No. 98 -1, § 1, 4- 14 -98) Sec. 42 -28. County to process applications; fees for service. The county building department shall process plans that are submitted in triplicate, checking the same for compliance with the codes adopted in this article, and will determine the amount of the permit fee and supply a copy of the same to the town. For this and the inspection service the county shall charge the builder a permit fee as established by the county building permit fee schedule. The fee to the county shall be paid by the builder at the time application for permit is submitted to the county. (Code 1 -978, § 4-4) Sec. 42 -29. Approval of supplier of water prior to permit issuance. No building permits shall be issued in the town which construction necessitaleS.a wateLcOnMee- tion, unless and until the plans sulinuttedto the town are approved and stamped by the utilities department of the City of Delray Beach'; Florida. It shall be the responsibility of any person seek- ing to obtain a building permit within-the-town 'to provide sufficient proof to the town of approval by the City of Delray Beach Utilities Department as described above. - (Code 1978, § 4 -6) Sec. 42 -30. Construction abandonment. All authorized construction shall be- completed prior to the expiration of the building permit issued by the county. The expiration -of a Am"ng Permit shall be prima facie evidence that the building project has not commenced or has -been abandoned. Failure of the permit holder or the property owner to complete construction once it has been initiated within the timeframe of the building permit is a violation that will be referred to the special master pursuant to Chapter ZArtidelTf,- Division 2, of this Code. Failure to restore the site to its preconetruction conditions, including re moval of all structural improvements and - place. ment of sod on all disrupted portions of the site, may result in a fine not to exceed $250.00 per working day after the permit expires (Ord. No. 00 -1, § 1, 3- 10 -00) liupp. No, 1 01742:4 Sec. 42 -31. Driveway permits, (a) Permit required. Construction orreconstruc- tion of driveway aprons within town right -0f - -way shall not commence until the town has issued a driveway connection permit. The permit shall be Processed as a Level I site plan approval. The town may impose reasonable conditions to ensure that driveway run -off is directed away from the roadway, to ensure free flow of drainage across the base of the driveway apron where necessary to reach existing or proposed drainage out- fa113, and to ensure proper connection with the travel lane of the adjacent roadway. (b) Properties fronting on SR AlA. Not with- standing the foregoing, properties proposing ac- cess to State Road AM shall first obtain a drive- way permit from the state department of transportation. (Ord. No. 00-1, § 2, 3- 10 -00) Secs. 42- 32- 12 -50. Reserved. ARTICLE 111. COASTAL CONSTRUCTION CODE` Sec. 42 -51. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Beach shall mean the zone of unconsolidated material that extends landward from the mean lows water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. "Beach" is alterna- tively termed "shore." Breolaway wall or frangible wall shall mean a partition independent of supporting structural members that will withstand design wind forces, but which will fail under hydrodynamic, wave and runup forces associated with the design storm surge. Under such conditions, the wall shall fail in s manner such that it breaks up into compo- nents which-minimize the potential for damage to life oradjacent-property. It shall be a character- istic of a breakaway or frangible wall that it shall -crone >Qrenncecrwo,4r , vs}7, ch. 39; marine facilities; strunuret and places, ch. 52; planning and development, ch, 56; rcning, ch. 66; site plan review, t 66 -351 at seq.: supple• mentary district regolstlons, 166-251 et seq. Stott law rnfe"nce�— Coaetal construction, F.S. 4 161.1153 al seq 9 0 " " " " " ZONING Sec. 66.370. Approval of other residential recreational facilities. Any other residential recreational facilities shall not be located on any property zoned for residen- tial purposes without the express approval of the architectural review and planning board and town commission. (Ord. No. 83 -1, � 2(X, I, 4),4-8-83; Ord. No. 91 -12, � 2, 1- 21 -91) Secs. 66- 371-66 -380. Reserved. DIVISION 3. CARPORTS, GARAGES, STORAGE FACILITIES* Sec. 66 -381. Carports prohibited. No carport shall be erected or permitted within any zoning district in the town. (Ord. No. 83 -1, � 2(X, E), 4 -8 -83) Sec. 66 -382. Garages, storage facilities, etc.  Materials restricted. Any garage, storage room or other similar detached facility shall be conventional construc- tion of wood frame or CBS. No metal buildings or structures shall be permitted. No mobile home, manufactured home or trailer is permitted within any zoning category within the town. (Ord. No. 83 -1, � 2(X, F, 1), 4 -8 -83) Sec. 66 -383. Same  Setbacks. All approved garage, storage or similar facili- ties shall meet all yard requirement setbacks of the district in which the property is located and shall be located in such a manner so as not to face any public street or roadway, or shall be ade- quately screened or buffered so as not to be visible from any public street or roadway. However, for lots of less than 20,000 square feet, garages shall be permitted to Face the street without screening. (Ord. No. 83 -1, � 2(X, F, 2),4-8-83; Ord. No. 91 -23, � 3, 10- 21 -91) Secs. 66- 384-66 -395. Reserved. *Cross reference  Parking of recreational equipment or commercial vehicles, � 30 -36 at seq. DIVISION 4. LANDSCAPINGt Sec. 66 -396. Required. � 66.398 Landscaping shall be provided in all zoning districts in the town according to the following regulations: (Ord. No. 83 -1, � 2(X, L), 4 -8 -83) Sec. 66.397. Open land uses. (a) Open land uses shall mean open air park- ing lots, private or public. Any open land use area which abuts any public street right -of -way or abuts or is across an alley from any land used for residential use shall be required to provide a planting strip inside the property line. Such plant- ing strip on the front property line shall be not less than three feet in width and shall be provided with a hedge of not less than one foot or more than three feet in height to form a continuous screen between the open land use and the public street right -of -way. (b) In the planting strip on land used for multiple -family residential which is abutting and/or immediately adjacent to single -family residential there shall be erected a living hedge not more than seven feet from the residential property line. Such hedge must be planted within 30 days after occupancy or use of the property, must be planted not more than three feet apart, and must be maintained at a height of not less than seven feet. (c) The area of the required planting strip not occupied by a fence or hedge shall be provided with grass or other plant ground cover material. In addition, one tree shall be provided for each 40 lineal feet of such landscaped area. Such trees shall be not less than eight to ten feet high at time of planting and be of such variety that at maturity they will have a crown spread not less than 15 feet. (Ord. No. 83 -1, � 2(X, L, 1-3), 4 -8 -83) Sec. 66 -398. Accessways. Necessary accessways from public rights -of- way through all required landscaped areas shall be permitted to service the open land use. (Ord. No. 83 -1, � 2(X, L, 4), 4 -8 -83) tCross reference  Landscape irrigation regulations, � 34 -76 at seq. CD66:87 § 70-49 GULF STREAM CODE (b) These prohibitions shall not extend to telephonic transactions and communications. Sec. 70 -50. Private schools. Any private school conducted in any single family residential zoning district may continue to be used as such under the provisions of sections 66 -131 et seq. of this Code, provided however, that any private school building, or other structure used in connection with and as a part of and appurtenant in the operation and maintenance of such private school, may be replaced, or another building substituted in place thereof; repaired and maintained from time to time as shall be necessary for the effective operation and maintenance of such private school; and further, any development permits, orders or written agreements granted or executed by the town prior to the adoption of this chapter shall remain in full force and effect. Sec. 70 -51. Minor accessory structures. The following structures shall be considered as minor accessory structures in all five single family zoning districts subject to specific setbacks established in this chapter. Any structure which is larger or more intensive shall be subject to the same setbacks as the principal structure. (1) Detached, one -story structures of 300 square feet or less and 18 feet or less in height, including but not limited to: Garages /sheds Gazebos Greenhouses Guest houses Pool cabanas/bathhouses Trellises /arbors (2) Permanent recreation facilities, including but not limited to: Batting cages/backstops Forts and playhouses In- ground swimming pools and spas Paved/special surface areas and accompanying equipment and/or fencing for tennis/squash/ racquetball, basketball, shuffleboard, putting greens /sand traps, etc. Swing sets and other playground equipment (3) Fountains. (4) Mechanical equipment and television antennae/satellite dishes. (5) Decks and patios with elevations greater than eight inches above highest abutting grade. (6) Awnings with leg supports and those otherwise extending more than three feet out from a structure. (7) Docks, boat lifts, and davits. (8) Flagpoles. CD70:24 u • • • • JL;, Pal .i Beach County Property Appraiser Property Search System Page 1 of 2 IProperty Information Location Address: 825 CANARY WALK View Map Municipality: GULF STREAM Parcel Control Number: 20- 43- 46- 04 -22- 000 -0210 Subdivision: PLACE AU SOLIEL Official Records Book: 15516 Page: 535 Sale Date: Aug -2002 Legal Description.: PLACE AU SOLEIL LT 21 Owner Information Name: DEFRANCES BRYAN & All Owners Mailing Address: 825 CANARY WAL DELRAY BEACH FL 33483 6103 Sales Date Book /Page Price Sale Type Owner L All Sales Aug -2002 15516L053S $0 WARRANTY DEED DEFRANCES BRYAN & Aug -2002 14103L0347 $500,000 WARRANTY DEED DEFRANCES BRYAN & Dec -1997 10140/1868 $155,000 WARRANTY DEED exempLions Regular Homestead: $25,000 Year of Exemption: 2006 Total: $25,000 _rr...... --- Tax Year; Improvement Value: Land Value: Total Market Value: 2006 2005 2004 $345,599 $342 631 $244 622 373 750 200 000 160 000 719 349 542 631 404 622 Li—se—Code: 0100 Description: RESIDENTIAL * in residential properties may indicate _J __J T LI_ \ _1 Assesseu and Aaxauie vaiue� Tax Year: Assessed Value: Exemption Amount: Taxable Value: _1 Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2006 2005 1 2004 $285,240 $276,9321 268,866 $25,000 $25,0001 $25,000 $260,240 $251,9321 $243,866 2006 2005 2004 $4,626 $4,661 $4,631 122 104 104 $4,748 $4,7651 $4,735 Tax Collector WebSite Tax Year 2006 —] Number of Units: 1 *Total Square Feet: 3223 area. Structure DeWll Tax Calculator Details Back to Search Previous Page Print NOTE: Lower the top and bottom margins to 0.25 on File - >Page Setup menu option in the browser to print the detail on one page. littp : / /www.pbcgov.com /papalaspx/ web /detail_info. aspx ?p_entity= 20434604220000210... 11/15/2006 All Owner Page 1 of 1 - All Owner(s) PCN Number: 20- 43- 46- 04 -22- 000 -0210 Owner Names DEFRANCES BRYAN & DEFRANCES TRACEY C P nt I.. Close http: / /www.pbcgov.coml papa /aspx /weblallOwner.aspx ?entity_id= 20434604220000210 &... 11/15/2006