HomeMy Public PortalAboutSec 11.TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
WILLIAM F. NOCH, JR. Mayor
JOAN A. ORTHWEIN, Vice Mayor
FRED B. DEVITy III
CHRIS D. WHEELER
MURIEL J. ANDERSON
March 6, 2012
Louis L. Roeder, Esquire
7414 Sparkling Lake Road
Orlando, Florida 32819
Re: Christopher F. O'Hare
2520 Avenue Au Soleil
Gulf Stream, FL 33483
Dear Mr. Roeder
car.,
Telephone
2765116
Fax (561) 737 -0188
Town Menep r
WILLIAM H. THRASHER
Town Clerk
RITA LTAYLOR
I atn responding to your email to Mr. Randolph dated March 1, 2012 and your email to
me dated March 5, 2012. You have asked several questions for which I will provide the
following answers and information.
This is to confirrn that your client, Mr. O'Hare, has withdrawn the window and door
change out permit application. The'rown will indicate "withdrawn" on this application.
Code Book
There is one code book for the Town of Gulf Stream. This code is used by the Town
Commission, Police Department, and Staff and is the saute code that is available to the
public. Interim amendments can be approved by ordinances through public process
which do not immediately get codified. When a code book is purchased, copies of the
un- codified ordinances are also provided at the time of purchase.
Landscape Permits "Any"
Section 70 -146 through section70 -150 provides standards and information for those
applicants desiring to install landscaping. In those sections references are made in
regards to what is "required ", "preferred ", "discouraged" and "prohibited ". "The
landscape architectural standards have been developed to reinforce the overall character
and the image of the town environment." The use of the term "any" can be misleading in
nature as the scope of work, amount, type, impact on adjoining and abutting properties of
100 SEA ROAD, GULF STREAM, FLORIDA 33483
r =�
Christopher F. O'Hare
2520 Avenue Au Soleil
March 6, 2012
Part 2
the proposed landscape would be used to determine the level of approval required. A
level I application is often discussed with the City of Delray for their input to determine
the need of a permit. Also, the determination and/or decision by the planning and
building administrator can be based on section 66-1412 (h). That decision can be
challenged as provided in section 66 -145 (12). In fact, section 66 -141 2(h) becomes
relevant and applicable when the planning and building administrator has concerns about
the potential impact of the proposed plan.
Irrigation Permit
The City of Delray will most likely require an irrigation permit. In the event that Delray
does not require an irrigation permit, a separate permit by the Town will not be
necessary.
Planting in the Town Right -of -wa
One of the objectives of reviewing a landscape site plan is to help prevent unnecessary
infringement onto neighboring or abutting properties. Many times new owners are not
aware where their property lines actually are. The district of the subject property has
very large road right -of -ways and is not easily determined at first glance. The use of a
properly survey can easily provide basic guidance in such determinations.
A similar situation occurred in 2004. This particular situation was observed by me when
doing my "weekly drive by" in Place Au Soleil. A new resident began "at will" to add
hedges in the front of the home near the roadway. In doing so, the fire hydrant was
covered from view. The owner was notified that the plantings were to be set back onto
his property and out of the right -of -way. The owner did not agree and presented a
challenge of my decision before the Town Commission. The Town Commission decided
with the administrator and further directed that if similar situations occurred, action was
to be taken to keep new plantings out of the Town's right -of -way. Additional discussion
took place as related to existing hedges in the right -of -way. I was directed to allow
existing hedges in the right -of -way but in the event changes to hedges were requested, or
occurred without a request, that I was to prohibit such actions. This is in part why your
client does observe hedges, and in some cases trees, located in a similar directional line
of sight. Through the natural evolution of the life cycle of landscape materials and
owners desiring various changes or upgrades the Town's right -of -way will be available
for infrastructure improvements. The Town Commission believes that this process is the
least disruptive corrective measure to the neighborhood and the Town residents. This
measure is consistent in all districts, not just the Place An Soleil district.
Christopher F. O'Hare
2520 Avenue An Soleil
March 6, 2012
Part 3
Metal Roof— Principle and Minor Accessory Structures
Your recently received email dated March 5, 2012 confirms, ".ln response to your email
query of March 2, 2012, my client loon's of at least two properties in GuljSlrearn with
melal roofs. These properties are not single family homes ".
There is a distinction that does render consequences because the entire 70 Chapter "Gulf
Stream Design Manual" pertains exclusively to single family homes. 4450 North
Ocean Boulevard was just annexed into the Town in March 2011 and permitting for this
structure was handled through the Pahn Beach County review criteria. The Gulf Stream
Multi Family Code available and used for the 3851 North Ocean Boulevard was silent to
whether metal roofs could be used. Because the metal roof material was not stated or
listed as prohibited by the code, the metal roof material was approved.
The Town does not have a" list of metal roof materials" which you requested as such roof
materials are prohibited by two section of the code; section 70- 187(2) and 70 -99 (3),
with section 70 -99 (3) being the most restrictive of the two. "Prohibited. Metal roofs
(except unpainted copper when used as a decorative accent or on a minor accessory
structure) ".
Therefore, a variance application would be required to allow the use of metal roof
materials. A public hearing of the variance before the Town Commission is necessary.
Property owners within 300 feet of this property will be noticed of this public hearing so
that they can be heard as related to the variance request. At this hearing Mr. O'Hare's
engineer can appear and present his findings, or he can have his letter placed in the
record. The Town Commission would also hear from experts used by the staff. In the
event a variance application is filed, permission to enter the structure will be necessary so
that technical experts can properly evaluate the applicable structural components. Within
a couple of days of the completion of the variance application your client will be
contacted to coordinate access to the premises.
Your client can also choose to challenge this administrative decision as provided in
section 66 -145 (12). The Town's staff will provide the necessary paperwork and
application materials upon your client's request.
Respectfully,
William ti. Thrasher
Town Manager
2745 Avenue Au Soleil, Gulf Stream FL- Trulia http:/ /www.trWia.com/homes/Morida/Gulf Stream/sold/3455278- 274...
2745 Avenue Au Soleil
$769 000 Trulia 7
Gulf Stream, FL 33483 a Estimate
3bed,3.5bath 2,106sgft Single - Family Home Refinance your home
View Your Credit Get Prequalified
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Listing Details
Onalpdon provided by Trulia
2745 Avenue Au Sole]] This is a Single - Family Home located at 2745 Avenue Au Sole] 1, Gulf Stream FL
2745 Avenue Au Solell has 3 beds, 3 K baths, and approximately 2,106 square feet. The property was
built In 1962. The average list price for similar homes for sale Is S792,900 and the average sales price
for similar recently sold homes Is $794,271. 2745 Avenue Au Solell Is In the 33483 ZIP code in Gulf
Stream, FL The average list price for ZIP code 33483 Is $1,292,690.
Public Records for 2745 Avenue Au Soled
Official property, sales, and tax Information from county (public) records as of 01/2012
• Single Family Residential
• 3 Bedrooms
• 3 Bathrooms
• 1 Partial Bathroom
• 2,106 stiff
• Built In 1962
• Stories:1 story
• A/C
• Heating: Forced air unit
• Parking: Detached Garage
• Parking Spaces: 2
• Exterior Walls: Stucco
• Roof: Wood Shake/ Shingles
• 2 Buildings
• Construction: Masonry
• Pool: Pool (yes)
• Subdivision: PLACE AU SOLIEL
• County. Palm Beach
• Tax Rate Code Area: 20964
Property Taxes for 2745 Avenue
Au Soled
Yew Val" Land
Improvements
Total Tax
2011 Market $558,900 1 $169,866 =
$728,766
2011 Assessed
$728,766 513,071
source: Pubic Records
Price History for 2745 Avenue Au Soleil
of 2
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3/19/2013 11:29 AM
COMMISSIONERS
WILLIAM F. KOCH, JR. Maur
JOAN K. ORTHWEIN, Viea Mayor
FRED B. DEVITT 111
CHRIS D. WHEELER
MURIEL J. ANDERSON
March 15, 2011
Dear Resident:
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
ice`} ,�•i
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Telephone
(561) 276 -5116
Fax
(561) 737 -0168
Town Manager
WILLIAM H.THRASHER
Town Clerk
RITA L TAYLOR
As there would be with moving to any new community, we know you have lots of questions about services the Town offers
to its residents. We want your "move" to be a pleasant experience.
We would like to call attention to a few specific items that you may help you in this transition:
• Town Commission Meetings are held on the 2nd Friday of every month at 9:00 A.M. in the Commission Chambers at the
Town Hall. Monthly Commission Meetings and Public Hearings are open to the public.
• The Town of Gulf Stream will provide Police protection. The Town contracts with the City of Delray Beach for Fire and
Emergency Medical Service. The Police non - emergency number from 8:00 A.M. to 4:00 P.M. for business Issues is 561-
278 -8611. The non - emergency dispatch number for all emergency services is 561- 243 -7800. ALWAYS CALL 911 FOR
AN EMERGENCY!
• As a new resident you may be anticipating some exterior changes to your home. In order to preserve its unique
community character, the Town of Gulf Stream has adopted architectural guidelines in a "Design Manual." These
guidelines address all significant changes to the exterior appearance of your home, Including different roofing materials,
paint color, statues, mailboxes, and major landscaping changes. Please call the Town Hall prior to making any physical
changes to learn about these guidelines.
• The Town provides decals for your automobiles. These enable the Police Department to identify Town residents and
better determine which vehicles could require closer observation. To obtain decals, please bring in a document with
your vehicles' identification number on it (registration, title or Insurance policy).
• The Town currently has a franchise agreement with Waste Management, which provides for "back- door" garbage pick-
up on Wednesday and Saturday east of the Intracoastal Waterway. It is not necessary to carry your garbage curbside.
In order to maintain the community's appearance on garbage days, please leave the garbage just outside the side door
or garage door. You can also designate an enclosed area just beside the garage and inform Waste Management of Its
location (561) 547 -4000. Recycling pick -up is on Saturday east of the Intracoastal. Non- dumpster residents will be
billed bi- monthly by the Town.
• Please contact Waste Management for large vegetative and bulk pickup. Homeowners may be billed separately by
Waste Management for bulk pick -up per cubic yard.
• Presently the Town is restricted to Phase II watering restrictions. Odd numbered addresses may irrigate on Monday,
Wednesday and Saturday and even numbered addresses may irrigate on Tuesday, Thursday and Sunday, both during
non - daylight hours. For guidelines on new sod and new plantings, please contact the Town Hall.
Again we welcome you and please call us at (561) 276 -5116 if you have any questions. The staff at Town Hall is here to
assist you.
Sincerely,
5c qj, - -,)
William F. Koch, Jr., Mayor William H. Thrasher, Town Manager
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Spring 2006 Newsletter Page 2
• Bulk Trash and Vegetation Pick -up: Thursday
(Billed to homeowner, curbside pick -up)
Collection services are provided by Waste Management (561) 278 -1717, and our
franchise agreement through 2008 prohibits other hauling services from conducting
business in Town.
Flood Zone Information
As a public service, the Town of Gulf Stream provides the following information upon
request:
Whether a property is in or out of the Special Flood Hazard Area (SFHA) as shown on the
current Flood Insurance Rate Map (FIRM) of the Town.
Additional flood insurance data, such as the FIRM Zone and the base flood elevation or
depth, if shown on the FIRM of the Town.
The Town also has elevation certificates for many of the properties in Town.
Call 276 -5116 or visit Town Hall during normal hours (9 AM to 4 PM) to obtain this
information.
On Behalf of the Town Commission and Staff,
�
ao t V:.EFhi l �t
COMMUNITY REMINDERS
In order to preserve our unique community character, the Town adopted Design
Guidelines in 1995 that address exterior aspects of your home. If you are planning
exterior painting of any kind or major landscaping work, please contact Town Hall to
determine what requirements may apply.
All workers hired to conduct services for your property (employees and deliveries not
included) must be registered to do work in the Town. If you are hiring a contractor (for
example, to do lawn work or make improvements to your home) please ask them to
register at Town Hall if they are not currently on file. Occupational registration'is
designed to ensure workers are properly licensed and insured, which enhances the safety
of our community.
The Town is presently under Phase III water restrictions. Even numbered addresses may
m
water on Thursday between 4a and 8am OR between 4pm and 8pm. Odd membered
addresses may water on Mondays between 4am and 8am OR between 4pm and 8pm.
• When walking your dog, please be courteous to other residents and pedestrians by taking
responsibility for your dog's waste.
September 2008 Newsletter Page 2
Flood Zone Information
The Town is required every five years to recertify its classification in the Community
Rating System (CRS). The Town completed its cycle visit in July of 2008 and we
maintained our rating of "8 ". This entitles each resident to receive a 10% discount
on flood insurance. Please contact your insurance agent to verify that you are
receiving this credit. As a public service, the Town also provides additional flood
data, such as Special Flood Hazard Area, Flood Insurance Rate Map and some
elevation certificates.
Contact
Call 276 -5116 or visit Town Hall during business hours, 9 AM to 4 PM, for further
information or assistance.
On Behalf of the Town Commission and Staff
Mayor William F. Koch, Jr. \
COMMUNITY REMINDERS
In order to preserve our unique community character, the Town adopted Design
Guidelines in 1995 that address exterior aspects of your home. If you are planning
changes such as a new paint color or major landscaping work, please contact Town Hall to
determine what requirements may apply.
All workers hired to perform services at your property (employees and deliveries not
included) must be registered to do work in the Town. If you are hiring a contractor (for
example, to do lawn work or make improvements to your home) please ask them to
register at Town Hall if they are not currently on file. Occupational registration is
designed to ensure workers are properly licensed and insured, which enhances the safety
of our community.
The Town Code prohibits commercial uses of all types, including still photography and
filming. Please notify the Town Hall if you are contacted by a firm wishing to use your
home for a photo shoot or film location so that the Town may make the firm aware of this
restriction.
When walking your dog, please be courteous to other residents and pedestrians by taking
responsibility for your dog's waste.
Winter 2010 Newsletter Page 2
receiving this credit. As a public service, the Town also provides additional Flood data, such as
Special Flood Hazard Area, Flood Insurance Rate Map and some elevation certificates.
Contact
Call 276 -5116 or visit Town Hall during business hours, 9 AM to 4 PM, for further information or
assistance.
On Behalf of the Town Commission and Staff,
G /
Vaor W F. Koch, ]r.
COMMUNITY REMINDERS`
In order to preserve our unique community character, the Town adopted Design Guidelines that
addresses the exterior aspects of your home. If you are planning any changes to the exterior of your
property, including but not limited to paint color or major landscaping or tree work, please contact
Town Hall to determine what requirements may apply. While the Town wants everyone to be
vigilant in maintaining and trimming trees near the road so as not to obstruct driver's views, please
note that special rules may apply to homes abutting AIA. Please call the Town Hall at 276 -5116 for
further information.
• All workers hired to perform services at your property (employees and deliveries not included) must
be registered to do work in the Town. If you are hiring a contractor (for example, to do lawn work or
make improvements to your home) please ask them to register at Town Hall if they are not currently
on file. Occupational registration is designed to ensure workers are properly licensed and insured,
which enhances the safety of our community.
• The Town Code prohibits commercial uses of all types, including still photography and filming.
Please notify the Town Hall if you are contacted by a firm wishing to use your home for a photo
shoot or film location so that the Town may make the firm aware of this restriction.
When walking your dog, please be courteous to other residents and pedestrians by taking
responsibility for your dog's waste.
Spring 2010 Newsletter Page 2
FLOOD ZONE INFORMATION
As a public service, the Town of Gulf Stream provides the following information upon
request:
• Whether a property is in or out of the Special Flood Hazard Area (SFHA) as shown on the
current Flood Insurance Rate Map (FIIZM) of the Town.
• Additional flood insurance data, such as the FIRM Zone and the base flood elevation or
depth, if shown on the FIRM of the Town.
• The Town also has elevation certificates for many of the properties in Town.
• The Town participates in the Community Rating system, a part of the National Flood
Insurance Program, and some residents qualify for a 15% discount on their flood
insurance rates. Please talk to your insurance agent.
• Please refer to the enclosed "Flood Hazard Preparation Information" sheet.
Call 276 -5116 or visit Town Hall during regular business hours, 9:00am to 4:00pm, to obtain
further information.
POLICE CONTACT NUMBERS
To contact the Gulf Stream Police Department for non - emergency issues, please call 278-
8611, regular business days between 8:00am and 4:00pm OR Dispatch at 243 -7800 any time.
CALL 911 FOR AN EMERGENCY.
On Behalf of the Town Commission and Staff,
or William F. Koch, Jr.
COMMUNITY REMINDERS
• In order to preserve our unique community character, the Town adopted Design
Guidelines in 1995 that address exterior aspects of your home. If you are planning
exterior improvements or painting of any kind, or major landscaping work, please contact
Town Hall to determine what requirements may apply.
All workers hired to conduct services for your property (employees and deliveries not
included) must be registered to do work in the Town. If you are hiring a contractor (for
example, to do lawn work or make improvements to your home) please ask them to
register at Town Hall if they are not currently on file. Occupational registration is
designed to ensure workers are properly licensed and insured, which enhances the safety
of our community.
Effective March 15, 2010, the South Florida Water Management District (SFWMD) has
enacted Year -Round Landscape Irrigation Conservation Measures. Even numbered
addresses may irrigate existing landscape on Tuesday, Thursday and Sunday during non-
daylight hours. Odd numbered addresses may irrigate existing landscape on Monday,
Wednesday and Saturday during non - daylight hours. New landscape installation may be
irrigated during non - daylight hours Saturday through Thursday for the first 30 days after
installation. "Conservation has become a proactive strategy to protect water resources for
the long -term benefit of our environment and our communities."
When walking your dog, please be courteous to other residents and pedestrians by taking
responsibility for your dog's waste.
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Spring 2011 Newsletter Page 2
• The Town participates in the Community Rating system, a part of the National Flood
Insurance Program, and some residents qualify for a 15% discount on their flood
insurance rates. Please talk to your insurance agent.
• Please refer to the enclosed "Flood Hazard Preparation Information" sheet.
Call 276 -5116 or visit Town Hall during regular business hours, 9:00am to 4:00pm, to obtain
further information.
UNDERGROUNDING UPDATE
The surveying of the North side of Town, Stage 2, has started. It includes Golfview Drive
and areas to the North . We are also waiting on cost estimates from Florida Power and Light.
Projected completion date for the entire project will be March 2014.
POLICE CONTACT NUMBERS
To contact the Gulf Stream Police Department for administrative issues, please call 278 -8611,
regular business days between 8:00am and 4:00pm. Call Dispatch at 243 -7800 for Police
assistance and 911 for Police and Medical emergencies.
CALL 911 FOR AN EMERGENCY.
On Behalf of the Town Commission and Staff,
Mayor William F. Koch, Jr.
COMMUNITY REMINDERS
• In order to preserve our unique community character, the Town adopted Design
Guidelines in 1995 that address exterior aspects of your home. If you are planning
exterior improvements or painting of any kind, or major landscaping work, please contact
Town Hall to determine what requirements may apply.
All workers hired to conduct services for your property (employees and deliveries not
included) must be registered to do work in the Town. If you are hiring a contractor (for
example, to do lawn work or make improvements to your home) please ask them to
register at Town Hall if they are not currently on file. Occupational registration is
designed to ensure workers are properly licensed and insured, which enhances the safety
of our community.
Effective March 15, 2010, the South Florida Water Management District (SFWMD) has
enacted Year -Round Landscape Irrigation Conservation Measures. Even numbered
addresses may irrigate existing landscape on Thursdays and Sundays from 12 am to 10 am
and/or 4 pm to 11:59 pm. Odd numbered addresses may irrigate existing landscape on
Wednesdays and Saturdays from 12 am to 10 am and/or 4 pm to 11:59 pm. New
landscape installation may be irrigated during non - daylight hours without restriction for
the Furst day of installation. The 2"d through 30th day can be watered on Monday — Sunday
during the hours allowed for regular landscape irrigation. The 315` through 90th day can be
watered Monday —Saturday during the hours allowed for regular landscape irrigation.
• When walking your dog, please be courteous to other residents and pedestrians by taking
responsibility for your dog's waste.
Please note that lawn maintenance firms and tree trimmers must take their cuttings with
them. The Town's contract with Waste Management does not include cuttings and lawn
maintenance debris. You may be billed for the pickups outside the scope of our contract.
�bt,. 2
ring 2011 Newsletter Page 3
On Behalf of the Town Commission and Staff,
Mayor Wtll�am F. Koch, Jr.
COMMUNITY REMINDERS
• In order to preserve our unique community character, the Town adopted Design
Guidelines in 1995 that address exterior aspects of your home. If you are planning
exterior improvements or painting of any kind, or major landscaping work, please contact
Town Hall to determine what requirements may apply.
• All workers hired to conduct services for your property (employees and deliveries not
included) must be registered to do work in the Town. If you are hiring a contractor (for
example, to do lawn work or make improvements to your home) please ask them to
register at Town Hall if they are not currently on file. Occupational registration is
designed to ensure workers are properly licensed and insured, which enhances the safety
of our community.
• Effective March 15, 2010, the South Florida Water Management District (SFWMD) has
enacted Year -Round Landscape Irrigation Conservation Measures. Even numbered
addresses may irrigate existing landscape on Tuesday, Thursday and Sunday during non-
daylight hours. Odd numbered addresses may irrigate existing landscape on Monday,
Wednesday and Saturday during non - daylight hours. New landscape installation may be
irrigated during non - daylight hours Saturday through Thursday for the first 30 days after
installation. "Conservation has become a proactive strategy to protect water resources for
the long -term benefit of our environment and our communities."
• When walking your dog, please be courteous to other residents and pedestrians by taking
responsibility for your dog's waste.
• Please note that lawn maintenance firms and tree trimmers must take their cuttings with
them. The Town's contract with Waste Management does not include cuttings and lawn
maintenance debris. You may be billed for the pickups outside the scope of our contract.
3
Town of Gulf Stream
May 2012
Informational Bulletin
Are you interested in what is going on with the Town of Gulf Stream?
Get information on the developments of the Town by attending any of our
Commission meetings. We hold Commission meetings on the second (2 "d) Friday
of every month at 9:00 A.M. Our Architectural Review and Planning Board
(ARPB) meets on the fourth (4d') Thursday of every month at 8:30 A.M. All
meetings are also advertised on the Community page (page 3) of the Local
Section of the Sunday edition of the Palm Beach Post as well as on the Notice
Board outside the front door at the Town Hall.
Having work done at your home?
All workers hired to conduct services for your property must be registered to do
work in the Town. If you have someone to whom you issue a W -2 or have
people making deliveries, they will not have to be registered. If you are hiring a
contractor (for example, to do lawn work or make improvements to your home)
please ask them to register at Town Hall if they are not currently on file.
Occupational registration is designed to ensure workers are properly licensed and
insured, and enhances the safety of our community.
Having any exterior work done on your house? Please note the following
information:
In order to preserve our unique community character, the Town adopted Design
Guidelines that address exterior aspects of your home. If you are planning
exterior remodeling, painting or major landscaping work, please contact the Town
Manager to review your plans and determine what requirements may apply.
COMMUNITY REMINDERS
All of your pets MUST be on a leash within the Town limits. The only exception
would be on your private property.
• When walking your dog, please be courteous to other residents and pedestrians
by taking responsibility for your dog's waste.
CRIME PREVENTION AND SAFETY TIPS
Remove valuables from your cars and keep the doors locked. Utilize the alarm
system and secure your home in your absence. An open garage door is an
advertisement of the property stored within and provides an easy access point
to the rest of the house. Make sure your garage door is closed completely
and that it is opened only when necessary.
Going on vacation? Call your Police Department. They will check the property
periodically while you are gone and notify your specified emergency contact(s)
if any problems are found. Arrange for your mail, newspapers and delivered
packages to be picked up daily.
NOV G 1 2011
TOWN OF GULF STREAM, FLORIDA Town of Gull Stream, FL .
APPLICATION FOR LEVEL I ARCHITECTURAL /SITE PLAN APPROVAL
Date of Application
II. Requested Approval:
je Exterior color change
• Addition Under 300 square feet
• Landscape alterations
• Minor accessory structure
/ Change in exterior wall, roofing, window or doors materials
• New mailbox of non - standard design
• Increase in impervious surface (paving, etc.)
• Wall, fence or gate
To be completed by all applicants.
III. Project Information
Owner Name:
Owner Signatu
PART I.
Project Address: 2-520 At1f*JJ t; At) So lif I'
Project Property Legal Description: so I- fL
r
Projec �� tion (describe in detail) a Mr)D t r / �;pFFrT ! SC iF�
//
IV. Attachments:
Review
Action:
$IlkGV ON
Please attach color swatch, pictures or plans showing the proposed improvements to your home.
-r- G
Will 'rhrasher
From:
James Malone <jamesm@rnaloneclan.com>
Sent:
Tuesday, October 09, 2012 7:47 PM
To:
Bill Thrasher
Subject:
RE: Property #36
Hey Bill: I had a nice conversation with Mr. Titarelli this evening. I expect he will be contacting you in the near future. Jim
From: Bill Thrasher rmailto :bthrasherCalgulf- stream.ora]
Sent: Tuesday, October 09, 2012 11:44 AM
To: James Malone
Subject: RE: Property #36
Jim, Mr. Titarelli asked you to reach out to him on this. I have a tele # of 330 -2467. Please let me know if you do?
Thanks,
MM
From: James Malone rmailto :iamesmCalmalonecian.com]
Sent: Friday, October 05, 2012 11:27 AM
To: Bill Thrasher
Subject: RE: Property #36
My home phone # is 561.279.8999
From: Bill Thrasher rmailto :bthrasherC)oulf- stream.orol
Sent: Friday, October 05, 2012 9:31 AM
To: James Malone
Subject: RE: Property #36
Jim,
Could you give me a telephone number that I might discuss this with you. There is just too much to put in writing. I hope
this works for you.
iU
From: James Malone rmailto :iamesmCalmaloneclan.com1
Sent: Friday, October O5, 2012 9:16 AM
To: Bill Thrasher
Subject: Property #36
Hey Bill:
How are the O'Hares ( #36) allowed to create such an eyesore on that lot? I can't believe the Landscape committee
would authorize this sort of visual assault. Do you know if they are ever going to put a roof on the house. It's been a long
time since the old roof has been taken off! Pretty soon you won't be able to see the house at all. Perhaps that's a good thing!
Jim
0
From: Titarelli, Augusto <atitarelli @tycoint.com>
Sent: Wednesday, October 10, 2012 9:01 AM
To: Bill Thrasher
Cc: ddevlin @mindspring.com; Sandy5230 @aol.com; ann.bennett @corcoran.com;
abennettdelray @comcast.net; docdud @gmail.com; Donna White
Subject: RE: Request from Bill Thrasher...
"Dear Mr. Thrasher,
With regards to concerns manifested by several Place au Soleil homeowners with the landscaping work taking place at 2520
Av. Au Soleil, and after having consulted with the majority of the board members we have the following position:
1- We believe the requirement to previously obtain town approval prior to any material landscape or fagade work on
any property in Place au Soleil should be vigorously enforced. To the extent that that has not taken place, we believe
the owners of the property in question should be formally notified by the Town of this infringement and the
applicable penalties or consequences applied.
2- To the extent that the landscape work taking place infringes the town code or general principles of landscaping
commonly adopted by the town of Gulfstream, we believe the owner should be advised and required to bring their
current landscaping to code within a reasonable amount of time and expense.
3- As would be expected, opinions on the landscaping solution adopted vary among board members, but in general
there seems to be more concern with the recent work on the East side of the property , due to the set backs and the
interference with the existing driveway. It would be the preference of the board that that part of the work be re-
done in a way more in line with current standards of Place au Soleil.
It is also the concern of this board to act objectively in this case, in strict observation of the city ordinances, and avoid
selective application of the law, for which we would expect the Town to guide us as to what is the best approach that can
be applied equally and consistently to any other property with similar characteristics.
Sincerely,
Augusto Titarelli
President,
Place Au Soleil Homeowners Association
Bill Thrasher
From:
Sent:
To:
Subject:
Attachments:
Hello and Happy New Year,
Quinn Miklos <quinn @miklosarchitecture.com>
Wednesday, January 02, 2013 12:19 PM
Bill Thrasher
2520 avenue au soleil
RPIA_LETTER.PDF
I am writing you to voice my displeasure with the neighbor who has perpetrated an architectural blight on our Community
with his landscaping and roof nonsense. My humble advice is to divide submissions for homeowner improvements into two
categories: ones subject to the Architectural Review Board and those subject to Administrative review. I am sure that I do
not know the whole story but this neighbor appears to be giving the middle finger to the Town and his neighbors. By
directing Homeowners to the Review Board for approval of improvements, hopefully we can 'manage' those disingenuous
individuals who try to skirt responsible adherence to the prevailing codes. Yourself, Rita and Staff can only do so much
(Thank you for the job that you do).
I have attached a letter from the RPIA (Royal Palm Improvement Association) in Boca Raton who have a similar situation.
Thank You
Quinn I. Miklos, NCARB
Registered Architect
Fl. Reg. Ar 91602
Miklos and Associates, P.A.
Architects / Planners
MEMORANDUM
TO: William Thrasher
Town Manager
FROM: Marty R.A. Minor, AICP
DATE: November 7, 2012
RE: 2520 AVENUE AU SOLEIL
- CONFIRMATION OF PROVIDED PHOTOS
ki dgn
day
STUDIOS
Urban Planning and Design
Landscape Architecture
Communication Graphics
This memorandum is to confirm that the photographs provided to Town of Gulf Stream,
Florida were taken by me, Marty R.A. Minor, AICP, of Urban Design Kilday Studios. The
photos were shot on October 10, 2012 on Avenue Au Soled in front of 2520 Avenue Au
Soled between the times of 1:00 p.m. and 1:02 p.m.
Should you have any additional questions regarding this matter, please feel free to
contact me at any time.
Sincerely,
Marty R.A. Minor, AICP
Senior Planner
Urban Design Kilday Studios
477 S. Rosemary Avenue
Suite 225 - The Lofts at CityPlace
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.UDKstudics.com
H:U0BS%Gu1f Stream-94-012%2520 Avenue Au Soleih2520 Avenue Au Soliel photo confirmation memo -doc LCC35
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Article Addressed To: RECEIPT
Christopher & Shelly p,�e Article No.
2521 Avenue Au S leil 168
Gulf eam 3483
Signature o essee
or
Date Delivered
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Building Planning and Ph. (561)
Zoning Department Fax (561)
CODE ENFORCEMENT SPECIAL MAGISTRATE
TOWN OF GULF STREAM, FLORIDA
CASE NO: CE 1 -13 2 -25 -19
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.
1. Location/Address where violation(s) exist(s): 2520 Ave. Au Soleil, Gulf Stream, FL 33483
2. Legal Description: Lot 36 Place Au Soleil Subdivision
3. Name and address of owner /person in charge where violation(s) exist(s): Christopher &
Shelly O'Hare, 2520 Ave. Au Soleil, Gulf Stream, FL 33483
4. Violation of Town Code Section(s) and description(s): Sec. 58 -138 (b) permit required to
add or remove fill - portions of driveway removed without tirst applying tor permit.
Sec. 70 -32(a) District characterized as having "open front lawns" & Sec. 70 -146
new plantings violate these sections. Sec. 70 -150 plants used in Town in addition
to „ar' epl—ytg and s of the nr i nl^^tings are not- 1istarl in this section and
thus not in keeping with the character & image of the Town environment.
(SEE ATTACHED "EXHIBITS OF VIOLATION")
5. Date of First Inspection: October 8. 2012
6. Date owner first notified of violation(s):
November 10, 2012
7. Date on/by, which violations are to be corrected: Dec. 10 , 2012 extended to Jan. 31, 2013
Finally March 12, 2013
•r *� * * *� *s * * * *� * * *� * * * * * ** *IMPORTANT NOTICE * * * * * * * * * * * * * * *r * * +s * * * **
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 March 21, 20131t 10: 00 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
—U L oa_
William H. Thrasher, Town Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
March 14, 2013 , 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 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.
el
By: Rita L. Taylor, town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
PLANNING AND DEVELOPMENT § 58 -139
or a federal, state, county, municipal or
other governmental agency in pursuance
of its lawful activities or functions.
(2) The removal of trees or the moving or
deposition of soil upon lots previously
developed and for which a building permit
has previously been granted, except in the
instance where the activity will destroy
trees in excess of eight inches in caliper or
alter 50 percent or more of the landscaped
area of the developed site.
(3) The land clearing permit requirement shall
not be construed to prohibit the removal
or elimination of excessive accumulations
of untended growth of weeds, under-
growth or other dead or living plant life as
may be required.
(4) The removal of invasive, exotic plant spe-
cies (for example Brazilian Pepper and
Melaleuca).
(5) Removal of plant severely damaged trees
and vegetation and other plant materials
with limbs or root systems that pose a
substantial hazard to persons or property.
(6) Planting of annual flowers and other sea-
sonal changes to landscaping beds, as
well as replacement of diseased and de-
clining hedges, ground cover and accent
plants with substitute plant materials.
(Ord. No. 91 -21, § 3, 10- 21 -91; Ord. No. 00 -1, § 3,
3- 10 -00)
Sec. 58 -138. Permits required.
(a) It shall be unlawful for any person to
remove, damage or destroy from any parcel of
land located within the town any tree with a
trunk diameter of eight inches or greater prior to
obtaining a land clearing permit from the town.
For purposes of this section, a "tree" is any
self - supporting woody plant together with its root
system, growing upon the earth usually with one
trunk of at least four inches in diameter at a
height of four and one -half feet above the ground,
or a multistemmed trunk system with a definitely
formed crown.
(b) It shall be unlawful for any person to
remove, move or add soil or fill to or from any
parcel of land located within the town without
first having obtained a permit from the town.
(c) This section shall not be applicable to clubs
located within the town which maintain golfcourses
which require removal and replacement of trees
and fill as a matter of maintenance and improve-
ment of the golf course. This exemption shall not
apply, however, in the event of the removal and
replacement of trees and fill located within a
perimeter of 100 feet of any boundary of the golf
course.
(Ord. No. 91 -21, § 1, 10- 21 -91; Ord. No. 00 -1, §§ 4,
5, 3- 10 -00; Ord. No. 10 -1, § 1, 9- 10 -10)
Sec. 58 -139. Application requirements.
Any person desiring a land clearing permit
required by this article shall submit a written
application to the planning and building admin-
istrator of the town in the same manner and
following the same procedures as provided in the
zoning code for site plan review. The application
shall include sufficient information to delineate
the extent of the clearing necessitated by the
proposed land development which information
shall include the following:
CD58:9
(1) A complete inventory designating the spe-
cies, location and number of all existing
trees on the property to be developed. In
addition, information should be provided
which shall fully provide for and desig-
nate existing elevations on the property.
(2) A site plan showing the proposed plan
designating the location, species and num-
ber of all trees on the property; proposed
elevations and contours of land.
(3) Written justification shall be provided for
the proposed work. This shall include, but
not be limited to, the following:
a. In the event of removal of trees from
the property, the applicant shall pro-
vide a plan for mitigation satisfac-
tory to the town which may include
relocation and preservation of the
trees removed to another location on
a property located within the town,
a
§ 70 -31
GULF STREAM CODE
(2) The North/South District is characterized by an eclectic yet pleasing mixture of one - and
two -story Spanish Mediterranean, Gulf Stream - Bermuda, Contemporary and Ranch style
homes. Although a wide range of exterior materials, windows and entries are present, all are of
very high quality and are used appropriately according to the architectural style of each house.
Further, the materials and design elements are employed carefully to provide a consistent,
residential and human scale to all of the houses. Thus, while the architecture is more varied than
in any of the other districts in the town, the scale and mass of the homes and use of open space
on the lots provides a harmonious and tranquil setting similar to that found in the remainder of
the community.
(3) Informal and naturalist plantings characterize the landscaping and general feel of the lots.
However, as is characteristic throughout all of the town, perimeter hedging is used extensively to
provide privacy. Most of the lots also feature swimming pools and patio decks in the rear yards.
(Ord. No. 00 -1, § 26, 3- 10 -00)
Sec. 70 -32. Place Au Soleil District.
(a) Summary of district characteristics (RS -P).
Architecture: Predominant Gulf Stream - Bermuda
Lot size: Small to medium -sized lots (typical lot size: 13- 15,000 square feet)
Other:
Foundation plantings/informal shade trees
Open front lawns
Wide, curvilinear roads with cula - de-sac
CD70:20
GULF STREAM DESIGN MANUAL 4 70 -32
S tandani 4ant setbacks, large right."& -way
(b) Description.
(1) Place Au Soleil was the name given to the last subdivision to be developed in the town. Located
on the west side of the Intracoastal Waterway, the area includes about 90 homes, most of which
were constructed between the mid -1960s and early 1970s. The subdivision includes several
modern features not found in the other districts, such as wider streets, cul -de -sacs, landscaped
boulevards, underground utilities and a gatehouse. In addition, just under half of the properties
adjoin private coves or the Intracoastal Waterway.
(2) The Place Au Soleil District is characterized by one -story and a few partial two -story houses
which fit comfortably on medium -sized lots. Together, the homes and landscape features lend an
informal, harmonious neighborhood feel to the district.
CD70:21
§ 70 -126 GULF STREAM CODE
DIVISION 2. SPECIAL EXCEPTION ARCHITECTURAL STANDARDS
Sec. 70 -126. Additions and rehabilitations incorporating a prohibited design element that is
an integral part of the design of the existing structure.
Designs for additions and rehabilitations may incorporate prohibited design elements that are an
integral part of the existing structure (such as a flat roof) subject to the following:
(1) Permitted design elements. Any design element listed as prohibited that is an integral part of an
existing structure proposed for expansion or rehabilitation. Integral items shall include, but not
be limited to architectural style, building form, roof material, windows and doors; but shall not
include cosmetic elements such as paint colors.
(2) Specific standards for review.
a. The addition or rehabilitation shall comply with the standards listed in section 70 -107.
b. The prohibited design element shall be an integral part of the design or structure of the
existing building.
C. The incorporation of an existing prohibited design element into the design of the addition or
rehabilitated portion of the structure shall be minimized to the extent necessary to provide
a continuity of design between the rest of the existing structure and the addition or
rehabilitated portion.
d. The prohibited design element shall not have a more prominent appearance on the addition
or rehabilitated portion of the structure than it has on the rest of the existing structure.
e. The rehabilitation or addition shall not incorporate any discouraged or prohibited elements
not currently present on the existing structure.
f. The cost of the addition or rehabilitation shall not exceed 75 percent of the value of the
existing structure.
Secs. 70- 127 -70 -145. Reserved.
DIVISION 3. GENERAL LANDSCAPE STANDARDS
Sec. 70 -146. Purpose.
(a) The landscape architectural standards have been developed to reinforce the overall character and
the image of the town environment.
(b) The primary objectives of the landscape standards are to:
(1) Reinforce the community's identity.
(2) Enhance visual quality.
(3) Provide buffering.
(4) Provide a pleasant environment for living areas.
(5) Provide a pleasant environment for driving, walking, and other activities in the community.
(c) The correct selection of plant material:
(1) Beautifies the streetscape and softens buildings.
(2) Controls glare.
CD70:66
.t .. t
GULF STREAM DESIGN MANUAL § 70 -147
(3) Controls wind and directs breezes.
(4) Provides shade.
(5) Reduces evapo - transpiration rates and humidity.
(6) Reinforces the identity of various districts.
,r
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I
Landscape elements help to refine boundaries and reinforce the identity of the
community
Sec. 70 -147. Planting techniques.
The town has a diverse selection of plant material and varying compositions. Formal, informal,
manicured, and naturalistic planting techniques are evident.
(1) Formal. The arrangement of plant material in an ordered unified repetitious way (usually even
number of groupings).
(2) Informal. The arrangement of plant material in a random grouping or asymmetric design.
(3) Manicured. Well- maintained and regularly pruned.
CD70:67
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( 1 ) G r o u n d c o v e r s .
( 2 ) S h r u b s .
( 3 ) P a l m s .
( 4 ) T r e e s .
G U L F S T R E A M D E S I G N M A N U A L
T a l l S e a O x - E y e D a i s y
C o c o p l u m
F i r e b u s h
W a x M y r t l e
H o b e S o u n d D w a r f C o c o p l u m
H a w a i i a n B e a c h B e r r y
R o y a l P a l m
P a u r o t i s P a l m
S a b a l P a l m
D a h o o n H o l l y
S e a G r a p e
S a t i n L e a f
P i t c h A p p l e
L i v e O a k
M a h o g a n y
G u m b o L i m b o
B u t t o n w o o d
S e c . 7 0 - 1 5 0 . O t h e r p l a n t s u s e d i n t h e t o w n .
B o r r i c h i a a r b o r e s c e n s
C h r y s o b a l a n u s i c a c o
H a m e l i a p a t e n s
M y r i c a c e r i f e r a
C h r y s o b a l a n u s i c a c o
S c a e v o l a f r u t e s c e n s
R o y s t o n e a e l a t a
A c o e l o r r h a p h e w r i g h t i i
S a b a l p a l m e t t o
I l e x c a s s i n e
C o c c o l o b a u v i f e r a
C h r y s o p h y l l u m o l i v i f o r m e
C l u s i a r o s e s .
Q u e r c u s v i r g i n i a n a
S w i e t e n i a m a h a g o n i
B u r s e r a s i m a r u b a
C o n o c a r p u s e r e c t u s
( a ) T h e f o l l o w i n g a r e e x a m p l e s o f m a t e r i a l s p r e s e n t l y f o u n d i n t h e t o w n :
( 1 ) G r o u n d c o v e r s .
( 2 ) T a l l s h r u b s .
( 3 ) S h r u b s .
C h i n e s e T a r o
S w o r d f e r n
L a u a ' e , E a s t I n d i a n W a r t F e r n
P e a c e L i l y
D w a r f P e a c e L i l y
D w a r f C o n f e d e r a t e J a s m i n e
S o u t h e r n W a x P r i v e t
O l e a n d e r
K o p s i a
T r u k I s l a n d B e a c h B e r r y
H i b i s c u s
S a n d a n k w a V i b u r n u m
F i c u s
S u r i n a m C h e r r y
G a r d e n i a
C D 7 0 : 7 1
� 7 0 - 1 5 0
A l o c a s i a c u c u l a t a
N e p h r o l e p i s e x a l t a t a
P o l y p o d i u m p h y m a t o d e s
S p a t h i p h y l l u m c l e v e l a n d i
S p a t h i p h y l l u m " W a l l i s i i "
T r a c h e l o s p e r m u m j a s m i n o i d e s
" M i n i m a "
L i g u s t r u m j a p o n i c u m
N e r i u m o l e a n d e r
O c h r o s i a p a r v i l l o r a
S c a e v o l a k o e n i g i i
H i b i s c u s r o s a s i n e n s i s
V i b u r n u m s u s p e n s u m
F i c u s s p p .
E u g e n i a u n i f l o r a
G a r d e n i a j a s m i n o i d e s
§ 70 -150
(4) Vines.
(5) Palms.
(6) Trees.
GULF STREAM CODE
Ixora
Ixora'Singapore','Maui', Nora Grant',
'Super King' etc.
Dwarf Oleander
Nerium oleander'Petite salmon'
'lbbira
Pittosporum tobira
Crepe Jasmine
Tabernaemontana divaricata
Chalcas
Murraya paniculata
Brown Bud Allamanda
Bougainvillea
Monsters or Ceriman
Confederate Jasmine
European Fan Palm
Areca Palm
Coconut Palm
Coconut Palm
Senegal Date Palm
Pigmy Date Palm
Alexander Laurel or Kaman
Satin Leaf
Cattley Guava
Pigeon Plum
(b) Two excellent reference books are:
Allamanda cathartica 'Hendersonii'
Bougainvillea spectabilis
Monsters deliciosa
Trachelospermum jasminoides
Chamaerops humilis
Chrysalidocarpus lutescens
Cocos nucifera "Malayan"
Cocos nucifera "Maypan"
Phoenix reclinata
Phoenix roebelenii
Calophyllum inophyllum
Chrysophyllum oliviforme
Psidium littorale
Coccoloba diversifolia
(1) Florida, My Eden (Exotic and Native Plants for Use in Tropic and Subtropic Landscape) by
Frederic B. Stresau, F.A.S.L.A.
(2) Florida Landscape Plants, Native and Exotic, revised edition, by John V. Watkins and Thomas J.
Sheehan.
Secs. 70- 151 -70 -165. Reserved.
DIVISION 4. GENERAL OUTDOOR LIGHTING STANDARDS
Sec. 70 -166. Purpose; categories.
(a) Residential lighting serves an essential function. It assists in crime prevention and safety for both
pedestrians and vehicles, and enhances the aesthetic value of properties at night. This visual appeal is
accentuated by the proper selection and placement of lights.
(b) Private, outdoor lighting in the town is classified under the general categories:
(1) Security /safety lighting.
(2) Accent/landscape lighting.
CD70:72
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Article Addressed To:
Christopher O'Hare
Igm1mg, L421
or
Agent Signature
GSPb - 13 -013)- I-P-
Article No.
167
Date/I Del//ivt2red
COMMISSIONERS
JOAN K ORTHWEIN, Mayor
THOMAS M. STANLEY, Vice Mayor
MURIEL 1. ANDERSON
W. GARRETT OERING
ROBERT W. GANGER
January 17, 2013
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Louis Roeder
Attorney at Law
7414 Sparkling Lake Road Via Fax 866- 610 -6090
Orlando, FL 32819
Re: Christopher O'Hare; 2520 Avenue Au Soleil
Code Violation Letter, dated November 5, 2012
Dear Mr. Roeder:
Telephone
(561)276 -5116
Fax
(561) 737-0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
I am responding to your last email to me dated January 15, 2013. You asked
that the Town clarify its request for items 3 -5. Inasmuch as the
landscape materials recently planted on the front and side of the
structure were installed without first obtaining a permit and a portion
of the driveway was cut and removed, also without a permit, the Town
is directing that the property be restored to the condition that existed
prior to these unpermitted activities. The Town extends compliance to
January 31, 2013.
Respectfully,
William H. Thrasher
Town Manager
cc: Christopher O'Hare
Hand Delivered Article #167
100 SEA ROAD, GULF STREAM, FLORIDA 33483
COMMISSIONERS
JOAN K. ORTHWEIN, Mayor
THOMAS M. STANLEY, Vim Mayor
MURIEL J. ANDERSON
W. GARRE T OERING
ROBERT W. GANGER
January 17, 2013
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Louis Roeder
Attorney at Law
7414 Sparkling Lake Road Via Fax 866 - 610 -6090
Orlando, FL 32819
Re: Christopher O'Hare; 2520 Avenue Au Soleil
Code Violation Letter, dated November 5, 2012
Dear Mr. Roeder:
Telephone
(561) 276 -5116
Fax
(561) 737-0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
I am responding to your last email to me dated January 15, 2013. You asked
that the Town clarify its request for items 3 -5. Inasmuch as the
landscape materials recently planted on the front and side of the
structure were installed without first obtaining a permit and a portion
of the driveway was cut and removed, also without a permit, the Town
is directing that the property be restored to the condition that existed
prior to these unpermitted activities. The Town extends compliance to
January 31, 2013.
Respectfully,
William H. Thrasher
Town Manager
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Louis L. Roeder, Esq.
7414 Sparkling Lake Rd
Orlando, FL 32819
407 - 352 -4194
cell 407 -758 -4194
lou@louroedeccom
Delivered via E -Mail
January 15, 2013
William Thrasher
Town Manager
TOWN OF GULF STREAM
100 Sea Road
Gulf Stream, FL 33483
Re: 2520 Avenue An Soleil, Gulf Stream, FL 33483
Subject: Code Violation Letter, dated Nov. 5, 2012
Dear Mr. Thrasher:
1 am writing you in response to your letter dated December 27, 2012 in which you request that
my client, Mr. O'Hare, correct violations you previously alleged as existing at his property, and
to do so by January 17. Given the limited amount of time you have chosen to give my client to
"correct" these alleged violations, your timely response to the following questions is appreciated.
I understand from that letter that you no longer believe Mr. O'Hare is in violation of the
following items of your previous November 5, 2012 violation letter, namely:
1. An expired re- roofing permit; and
2. No overlay material on roof.
However, despite my previous explanations to you in my December 10, 2012 letter, you still
insist Mr. O'Hare's property is in violation of the following sections of the Town code, more
specifically:
3. Violation of See 58- 138(b).
What exactly do you require Mr. O'Hare to do to be in compliance with Section 58 -138
(b)?
4. Installation of landscape material that does not reinforce the identity of the applicable
zoning district as stated in Section 70 -146) and is further in violation of Sec. 70 -32(a)
that states this district is characterized as having "open front lawns."
Letter to William Thrasher
In Response to Thrasher Letter dated December 27, 2012
January 15, 2013
Page 2 of 2
How many plants do you wish Mr. O'Hare to remove from his yard in order to conform to
your interpretation of Section 70 -32(a) of the Town code?
5. Some plants in Mr. O'Hare's landscape pallet are not listed in Sec 70 -150, and include
species not listed as appropriate or typical for Gulf Stream or Place An Soleil.
Do you want Mr. O'Hare to remove any and all plants from his property that are not listed
in Section 70 -150? If not all, then which ones?
Section 70 -4(c) states that "the design standards in this chapter provide the Town with a
methodology and common framework for reviewing submissions for project approvals. Mr.
O'Hare has not applied for any site work proiect approvals, nor is he required to do so as defined
by Section 66- 141(2)(e) of the Town Code Your application of these design standard as a basis
for a code enforcement action against Mr. O'Hare seams to contravene the clear and simple
language of the Town Code.
I am not trying to be trite; but for the life of me, I cannot understand how any of the above could
be remotely considered as a violation of the Town Code. As we read the Section 70 -3 (b), it
seems clear that according to the Code's own stated purpose, "the design standards in this chapter
[70] are, by specific intent, illustrative rather than prescriptive," and "a framework which can
foster creative design approaches and solutions." Bottom line, Mr. O'Hare's landscaping seems
to reinforce the stated purpose of Section 70 of the Town Code, and works well with the existing
identity and character of Place Au Soleil.
Maybe you could help clarify your interpretation of the Code by providing a detailed legal
opinion from the Town Attorney - something that we might be able to sit down and discuss with
the Town, thereby avoiding judicial resolution.
Respectfully,
LofL er, Esq.
CC. John Randolph, Town Attorney
Rita Taylor, Town Clerk
Chris O'Hare
Attachment: Copy of Roeder's Dec. 10, 2012 Letter
Copy of Thrasher's Dec. 27, 2012 Letter
ZONING
widows, porticos or other open-
ings or breaks in the elevation
facing the street, including re-
verse arrangement; or
3. Other significant identical fea-
tures of design such as, but not
limited to, materials, roof line
and height or other design ele-
ments.
(11) The following shall be considered when
reviewing proposed demolition plans:
a. Date of demolition;
b. Proposed date of new construction;
C. The future use of new construction
and its consistency with the criteria
set forth herein;
d. The landmark status, if any, of the
structure proposed for demolition;
e. The conditions of the demolition re-
lating to maintenance and landscap-
ing of the site during and after de-
molition.
(12) Proposed site, structural and improve-
ment plans shall not adversely affect the
health, safety or welfare of on -site or
off -site occupants and shall provide the
following protection:
a. Protection of residential privacy. The
proposed plan shall provide reason-
able visual and auditory privacy for
all dwelling units located within and
adjacent to the site. Fences, walls,
barriers and vegetation shall be ar-
ranged to protect and enhance the
property and to enhance the privacy
of on -site and neighboring occu-
pants.
b. Protection of property values. All el-
ements of the proposed plan shall be
designed and arranged to have a
minimal negative impact on the prop-
erty values of adjoining property.
C. Protection of use and enjoyment. All
elements of the proposed plan shall
be designed and arranged to have a
4 66 -146
minimal negative impact on the use
and enjoyment of adjoining proper-
ties.
(95 -1, § 2, 1- 30 -95; Ord. No. 97 -2, § 1, 7- 18 -97;
Ord. No. 04-1, § 1, 7- 16 -04)
Sec. 66 -145. Procedures for submitting and
processing applications.
(a) Level 1 architectural /site plan review. The
planning and building administrator shall re-
ceive, review and process applications for level 1
architectural/site plan review in accordance with
the following:
(1) Optional simultaneous processing with
building permit application. At the option
of the applicant, applications for level 1
architectural/site plan review may be pro-
cessed as a part of and simultaneously
with applications for building permits.
(2) Optional pre - application conference. At the
option of the applicant, a pre - application
conference can be arranged with staff
members of the planning and building
department to review the proposed proj-
ect, applicable codes and regulations, and
application procedures.
(3) Dates. Applications for level 1 architectural/
site plan review may be submitted at any
time during the regular business hours of
the planning and building department.
(4) Fees. The town commission shall estab-
lish fees for level 1 architectural/site plan
review.
(5) Contents. Application content require-
ments shall, at a minimum, be the same
as those required to obtain a building
permit. However, additional drawings, doc-
uments and information may be required
where necessary for the planning and
building administrator to determine com-
pliance with the applicable architectural/
site plan review standards.
(6) Application sufficiency. The planning and
building administrator shall have three
working days to determine if an applica-
tion is sufficient and includes data neces-
sary to evaluate the application. If the
CD66:41
§ 66 -145
GULF STREAM CODE
application is deemed insufficient, the plan-
ning and building administrator shall no-
tify the applicant of the needed informa-
tion and materials.
(7) Withdrawal of application. Applications
for level 1 architectural/site plan review
may be withdrawn at any time without
prejudice.
(6) Action by the planning and building ad-
ministrator. The planning and building
administrator shall have five working days
from the date the application is deemed
sufficient to take action pursuant to sec-
tion 66 -143 of this division.
(9) Notice of action. The planning and build-
ing administrator shall notify the appli-
cant of the final action taken on the ap-
plication within one working day of taking
the action. Such notification may be in
writing or given orally.
(10) Effective period of approved applications.
Approved applications for level 1 architec-
tural/site plan review shall be effective for
a period of 60 days from the date of
approval during which time a complete
application for a building permit shall be
submitted. Failure to make application
for a building permit within the pre-
scribed time period or to obtain approval
of a building permit application submit-
ted within the prescribed time period shall
result in the automatic expiration of the
level 1 architectural/site plan review ap-
proval.
(11) Resubmittal of application. Applications
that are withdrawn, denied, or expired
may be resubmitted at any time, provided
that all such applications shall be re-
viewed for compliance with all regula-
tions prevailing at the time the applica-
tion is resubmitted.
(12) Appeals. Any aggrieved or adversely af-
fected person aggrieved by a decision of
the planning and building administrator
on an application for a level I architectural/
site plan review may appeal the decision
to the board of adjustment pursuant to
4
the requirements of division 5 of article V
of this chapter, provided such appeal is
submitted within 30 calendar days of the
date of final action on the application by
the planning and building administrator.
(b) Level 2 architectural /site plan review. The
planning and building administrator shall re-
ceive, review and process applications for level 2
architectural/site plan review in accordance with
the following:
(1) Mandatory simultaneous processing with
related development permit applications.
In those instances where a project re-
quires approval of a level 2 architectural/
site plan review in addition to approval of
other development permits, the applica-
tion for level 2 architectural/site plan re-
view shall be processed simultaneously
with the applications for the other re-
quired development permits. In the event
the application procedures and require-
ments of this section conflict with those
required for other development permits
processed simultaneously, the more strin-
gent provisions shall prevail.
CD66:42
(2) Mandatory pre - application conference. At
least 15 days prior to submitting an ap-
plication, the applicant shall arrange for
and attend a pre- application conference
with staff members of the planning and
building department to review the pro-
posed project, applicable codes and regu-
lations, and application procedures.
(3) Deadlines. The architectural review and
Planning board shall approve a schedule
of application deadlines provided, how-
ever, that applications shall be submitted
at least 15 days prior to the architectural
review and planning board hearing, but
not more than 60 days prior to the hear-
ing. In accordance with section 66 -74 of
this Code, the architectural review and
planning board shall not meet in the
month of August. Accordingly, any time
period specified herein that would require
the architectural review and planning
board to meet or take action in the month
of August is hereby extended by 30 days.
VZOTOMRNM
§ 66 -145
(4)
Fees. The town commission shall estab-
(9) Public hearing. The architectural review
lish fees for level 2 architectural/site plan
and planning board shall hold at least one
review.
public hearing on a weekday, on an appli-
(5)
Contents. Application forms and a list or
cation for a level 2 architectural/site plan
requirements shall be prepared by the
review.
planning and building administrator and
(10) Notice. Notice of the public hearing shall
approved by the architectural review and
be given pursuant to the following:
planning board provided, however, that
any such forms and lists in use as of the
a. Content. A written (text only) notice
date of adoption of this article shall be
shall be prepared for each applica-
approved for use until such time as they
lion which shall include, in no par -
are changed pursuant to this section.
ticular order, the following:
(6)
Application sufficiency. The planning and
1. Ageneral description of the pro -
building administrator shall have ten work-
posed project;
ing days to determine if an application is
2. The street address of the pro -
sufficient and includes data necessary to
posed project;
evaluate the application. If the applica-
tion is deemed insufficient, the planning
3. The owner of record of the proj-
and building administrator shall notify
ect site;
the applicant of the needed information
4. The agent of record, if different
and materials.
from owner;
�- (7)
Withdrawal of application. An applicant
5. The type(s) of approval required
shall have the right to withdraw an appli-
time to the final
to permit the project;
cation at any prior action
6. The date, time and place the
e the
on the application by the architectural
review and planning board. Requests for
proposed project will be c
will
withdrawal received by the planning and
prod, the actions be taken
building administrator five working days
and the review authorities tak-
prior to the hearing shall automatically
ing the actions;
be granted without prejudice. Applicants
7. The date, time and place that
shall not be entitled to a refund of any
interested persons may appear
fees. Thereafter, the architectural review
and be heard concerning the
and planning board may accept the with-
proposed project;
drawal without prejudice or with preju-
3. The times and place where com-
dice. With prejudice bars the filing of a
plete project plans may be in-
successive application which is not mate-
spected;
rially different for one calendar year.
(S)
Written report by the planning and build-
9• A disclaimer advising that
should any interested party seek
ing administrator. The planning and build -
to appeal the decision of one or
ing administrator shall provide a written
more review authorities with
recommendation to the architectural re-
respect to a proposed project,
view and planning board and the findings
that such party may need to
upon which the recommendation is based,
insure that a verbatim record
prior to the hearing at which the applica-
of the proceedings is made.
lion is to be considered. Failure of the
planning and building administrator to
b. Combined notice. Notices for addi-
provide such a recommendation shall re-
tional applications for development
sult in arecommendation of approval with-
permits which are processed simul-
out conditions.
taneously with the application for
CD66:43
§ 66 -146
GULF STREAM CODE
level 2 architectural/site plan review
(12) Notice of action. The town clerk shall
may be combined into a single no-
notify the applicant in writing of the final
lice.
action taken on the application within ten
working days of the final action.
C. Preparation. The town clerk shall
prepare, sign, date, mail, and post
(13) Effective period of approved applications.
the required notice in accordance
Approved applications for level 2 architec-
with this section.
tural/site plan review shall be effective for
a period of one calendar year from the
d. Mailing and posting. Required no-
date of approval during which time a
tice shall be mailed via first class
complete application for a building permit
mail to all recipients defined herein
shall be submitted. Failure to make appli-
at least ten days previous to the date
cation for a building permit within the
of the first hearing at which the
prescribed time period or to obtain ap-
proposed project is to be considered.
proval of a building permit application
Notice also shall be posted in a con-
submitted within the prescribed time pe-
spicuous location at the Town Hall.
riod shall result in the automatic expira-
tion of the level 2 architectural/site plan
e. Recipients. All private property own-
review approval.
ers of record within 25 feet of a
(14) Extension. An extension of the effective
proposed project site shall be sent
period of an approved application of up to
notice as prescribed in this policy.
one additional calendar year may be
Public rights -of -way, easements, wa-
granted by the architectural review and
terways, and railroads within 25 feet
planning board provided the applicant
of a proposed project site shall be
can show sufficient cause as to why a
disregarded and shall not be counted
building permit application cannot be sub -
in the 25 -foot measurement. In the
mitted or approved in a timely manner
event that a condominium or cooper-
and a finding that development regula-
ative association development, as de-
tions applicable to the project have not or
fined by laws of the state, exists
are not proposed to be materially changed
within 25 feet of a proposed project
so as to render the project inconsistent
site, notification to the association
with the regulations prevailing at the
board shall be permissible in lieu of
time the extension would expire.
notifying individual members of the
(15) Resubmittal of application. Applications
association. Property owners of re-
that are withdrawn with prejudice or de-
cord shall be those recorded in the
nied may not be resubmitted for a period
latest official tax rolls in the Palm
of one calendar year from the date of
Beach County Courthouse or the lat-
withdrawal or denial.
est tax roll available at the Town
Hall. Properties outside the town
(16) Appeals. Any aggrieved or adversely af-
limits shall not require notification.
fected person aggrieved by a decision of
the architectural review and planning
(11) Action by the architectural review and
board on an application for a level 2
planning board. The architectural review
architectural/site plan review may appeal
planning board shall have 60 days from
the decision to the board of adjustment
the close of its public hearing on the
pursuant to the requirements of division
application to take action pursuant to
5 of article V of this chapter, provided
section 66 -143 of this division. Time peri-
such appeal is submitted within 30 calen-
ods during a continuance requested by
dar days of the date of final action on the
the applicant shall be exempted from this
application by the architectural review
requirement.
and planning board.
CD66:44
ZONING
(c) Level 3 architectural/ site plan review. The
planning and building administrator shall re-
ceive, review and process applications for level 3
architectural/site plan review in accordance with
the following:
(1) Mandatory simultaneous processing with
related development permit applications.
In those instances where a project re-
quires approval of a level 3 architectural/
site plan review in addition to approval of
other development permits, the applica-
tion for level 3 architecturallsite plan re-
view shall be processed simultaneously
with the applications for the other re-
quired development permits. In the event
the application procedures and require-
ments of this section conflict with those
required for other development permits
processed simultaneously, the more strin-
gent provisions shall prevail.
(2) Mandatory pre - application conference. At
least 15 days prior to submitting an ap-
plication, the applicant shall arrange for
and attend a pre - application conference
with staff members of the planning and
building department to review the pro-
posed project, applicable codes and regu-
lations, and application procedures.
(3) Deadlines. The town commission shall
approve a schedule of application dead-
lines provided, however, that applications
shall be submitted at least 15 days prior
to the architectural review and planning
board hearing, but not more than 60 days
prior to the architectural review and plan-
ning board hearing. In accordance with
section 66 -74 of this Code, the architec-
tural review and planning board shall not
meet in the month of August. Accordingly,
any time period specified herein that would
require the architectural review and plan-
ning board to meet or take.action in the
month ofAugust is hereby extended by 30
days.
(4) Fees. The town commission shall estab-
lish fees for level 3 architectural/site plan
review.
CD66:45
g 66 -145
(5) Contents. Application forms and a list of
requirements shall be prepared by the
planning and building administrator and
approved by the architectural review and
planning board provided, however, that
any such forms and lists in use as of the
date of adoption of the ordinance from
which this article derives shall be ap-
proved for use until such time as they are
changed pursuant to this section.
(6) Application sufficiency. The planning and
building administrator shall have ten work-
ing days to determine if an application is
sufficient and includes data necessary to
evaluate the application. I£ the applica-
tion is deemed insufficient, the planning
and building administrator shall notify
the applicant of the needed information
and materials.
(7) Withdrawal of application. An applicant
shall have the right to withdraw an appli-
cation at any time prior to the final action
on the application by the board of adjust-
ment. Requests for withdrawal received
by the planning and building administra-
tor five working days prior to the archi-
tectural review and planning board hear-
ing shall automatically be granted without
prejudice. Applicants shall not be entitled
to a refund of any fees. Thereafter, the
architectural review and planning board
or board of adjustment may accept the
withdrawal without prejudice or with prej-
udice. With prejudice bars the filing of a
successive application which is not mate-
rially different for one calendar year.
(8) Written report by the planning and build-
ing administrator. The planning and build-
ing administrator shall provide a written
recommendation to the architectural re-
view and planning board and the findings
upon which the recommendation is based,
prior to the architectural review and plan-
ning board hearing at which the applica-
tion is to be considered. Failure of the
planning and building administrator to
provide such a recommendation shall re-
sult in a recommendation of approval with-
out conditions.
§ 66 -145
GULF STREAM CODE
(9) Public hearings. The architectural review
and planning board and board of adjust-
ment shall each hold at least one public
hearing on a weekday, on an application
for a level 3 architectural/site plan review.
(10) Notice. Notice of the public hearings shall
be given pursuant to the following:
a. Content. Awritten (text only) notice
shall be prepared for each applica-
tion which shall include, in no par-
ticular order, the following:
1. Ageneral description of the pro-
posed project;
2. The street address of the pro-
posed project;
3. The owner of record of the proj-
ect site;
4. The agent of record, if different
from owner;
5. The type(s) of approval required
to permit the project;
6. The date, time and place the
proposed project will be consid-
ered, the actions to be taken
and the review authorities tak-
ing the actions;
7. The date, time and place that
interested persons may appear
and be heard concerning the
proposed project;
8. The times and place where com-
plete project plans may be in-
spected;
9. A disclaimer advising that
should any interested party seek
to appeal the decision of one or
more review authority with re-
spect to a proposed project, that
such party may need to insure
that a verbatim record of the
proceedings is made.
b. Combined notice. Notices for addi-
tional applications for development
permits which are processed simul-
taneously with the application for
CD66:46
level 3 architecturallsite plan review
may be combined into a single no-
tice.
C. Preparation. The town clerk shall
prepare, sign, date, mail, and post
the required notice in accordance
with this section.
d. Mailing and posting. Required no-
tice shall be mailed via first class
mail to all recipients defined herein
at least ten days previous to the date
of the architectural review and plan-
ning board hearing at which the
proposed project is to be considered.
Notice also shall be posted in a con-
spicuous location at the Town Hall.
e. Recipients. All private property own-
ers of record within 25 feet of a
proposed project site shall be sent
notice as prescribed in this policy.
Public rights -of -way, easements, wa-
terways, and railroads within 25 feet
of a proposed project site shall be
disregarded and shall not be counted
in the 25 -foot measurement. In the
event that a condominium or cooper-
ative association development, as de-
fined by laws of the state, exists
within 25 feet of a proposed project
site, notification to the association
board shall be permissible in lieu of
notifying individual members of the
association. Property owners of re-
cord shall be those recorded in the
latest official tax rolls in the Palm
Beach County Courthouse or the lat-
est tax roll available at the Town
Hall. Properties outside the town
limits shall not require notification.
(11) Action by the architectural review and
planning board. The architectural review
planning board shall have 60 days from
the close of its public hearing on the
application to take make a recommenda-
tion to the board of adjustment pursuant
to section 66 -143 of this division. Time
periods during a continuance requested
by the applicant shall be exempted from
this requirement.
ZONING
(12) Action by the board of adjustment. The
board of adjustment shall have 60 days
from the close of its public hearing on the
application to take action pursuant to
section 66 -143 of this division. Time peri-
ods during a continuance requested by
the applicant shall be exempted from this
requirement.
(13) Notice of action. The town clerk shall
notify the applicant in writing of the final
action taken on the application within ten
working days of the final action.
(14) Effective period of approved applications.
Approved applications for level 3 architec-
tural/site plan review shall be effective for
a period of one calendar year from the
date of approval during which time a
complete application for a building permit
shall be submitted. Failure to make appli-
cation for a building permit within the
prescribed time period or to obtain ap-
proval of a building permit application
submitted within the prescribed time pe-
riod shall result in the automatic expira-
tion of the level 3 architectural/site plan
review approval.
(15) Extension. An extension of the effective
period of an approved application of up to
one additional calendar year may be
granted by the board of adjustment pro-
vided the applicant can show sufficient
cause as to why a building permit appli-
cation cannot be submitted or approved in
a timely manner and a finding that devel-
opment regulations applicable to the proj-
ect have not or are not proposed to be
materially changed so as to render the
project inconsistent with the regulations
prevailing at the time the extension would
expire.
(16) Resubmittal. Applications that are with-
drawn with prejudice or denied may not
be resubmitted for a period of one calen-
dar year from the date of the withdrawal
or denial.
(17) Appeals. Any aggrieved or adversely af-
fected person aggrieved by a decision of
the board of adjustment on an application
§ 66 -148
for a level 3 architectural/site plan review
may apply for judicial relief by filing a
petition for writ of certiorari in the Circuit
Court of the Fifteenth Judicial Circuit in
and for Palm Beach County, Florida, within
30 calendar days of the date of the final
action.
(Ord. No. 95 -1, § 2, 1- 30 -95)
Sec. 66 -146. Violation of condition of ap-
proval.
A violation of any condition of approval granted
pursuant to this division shall be considered a
violation of this Code and shall be rectified prior
to any public hearing or meeting on the issuance
of any subsequent development order or permit.
Unless otherwise specified in the final approval,
an approved use must comply with all conditions
prior to implementing the approval.
(Ord. No. 95 -1, § 2, 1- 30 -95)
Sec. 66 -147. Misrepresentation.
If there is evidence that an application for an
architecturaltsite plan review was considered
wherein there was misrepresentation, fraud, de-
ceit, or a deliberate error of omission, the town
shall initiate a rehearing to reconsider the appli-
cation. The town shall re- approve, approve with
new conditions, or deny the application at the
rehearing based on the standards in this division.
If evidence of misrepresentation or neglect is
discovered during the application review and ap-
proval process, the application shall be decertified
and remanded to sufficiency review.
(Ord. No. 95 -1, § 2, 1- 30 -95)
Sec. 66 -148. Revisions to approved plans.
Applications for revisions to plans approved
pursuant to this article shall be processed and
reviewed in accordance with the magnitude of the
revision. The revision application shall be pro-
cessed and reviewed in the same manner as if the
revision were a separate project except in thp'e
instances where the revision materially alters the
approved plans or is inconsistent with a specific,
condition of approval. In these instances, the
CD66:47
§ 66 -148 GULF STREAM CODE
revision application shall be processed and re- (2) Deny the application in full.
viewed in the same manner as was used to
process and review the original application. (3) Grant the application in part.
(Ord. No. 95 -1, § 2, 1- 30 -95) (4) Grant a modification of the application in
such form as the review authority deems
Sec. 66 -149. Reserved. proper and consistent with the variance
standards.
DIVISION 3. VARIANCES
Sec. 66 -150. Purpose and intent.
This division sets forth procedures and stan-
dards for the appropriate review authorities to
review and approve, approve with conditions, or
deny applications for variances. Variances are
deviations from the terms of this Code that would
not be contrary to the public interest when owing
to special circumstances or conditions, or when
the literal enforcement of the provisions of this
Code would result in undue and unnecessary
hardship.
(Ord. No. 95 -1, § 2, 1- 30 -95)
Sec. 66 -151. Applicability.
Pursuant to the provisions of this division,
variances may be granted to any land develop-
ment regulation contained in this Code provided
that the regulation pertains only to the location or
physical attributes of a structure or improvement.
In no case shall a variance be granted which is
counter to any stated purpose or intent of this
Code or which would permit something that is
expressly prohibited.
(Ord. No. 95 -1, § 2, 1- 30 -95)
Sec. 66 -152. Review authorities.
The board of adjustment shall act as the final
review authority on all applications for variances
pursuant to the provisions of the section after
receipt of recommendations from the planning
and building administrator and the architectural
review and planning board.
(Ord. No. 95 -1, § 2, 1- 30 -95)
Sec. 66 -153. Action by review authorities.
(a) The review authorities shall hear, review
and consider each application for a variance and
recommend or take one of the following actions:
(1) Grant the application in full.
(5) Establish such conditions as the review
authority deems necessary to ensure con-
formance with the variance standards.
(6) Return the application to a recommend-
ing review authority or applicant with
specific instructions as to additional infor-
mation, evidence, or testimony desired in
order to make a decision consistent with
the variance standards.
(7) Continue the consideration of the applica-
tion to a time certain.
(b) The board of adjustment shall take final
action on an application within 60 days of the
close of its public hearing on the application.
(Ord. No. 95 -1, § 2, 1- 30 -95)
Sec. 66 -154. Standards.
When recommending or taking final action on
applications for variances, the review authority
must find that:
CD66:48
(1) Special conditions and circumstances ex-
ist which are peculiar to the land, struc-
ture, or building involved and which are
not applicable to other lands, structures,
or buildings in the same zoning district.
(2) The special conditions and circumstances
do not result from the actions of the
applicant.
(3) Granting the variance requested will not
confer on the applicant any special privi-
lege that is denied by this Code to other
lands, buildings, or structures in the same
zoning district.
(4) Literal interpretation of the provisions of
this Code would deprive the applicant of
rights commonly enjoyed by other proper-
ties in the same zoning district under the
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FZTLJ N RECEIPT
Article Addressed To:
Christopher & elly O'Hare
2520 & /or A16 A�A. Au Soleil
Agent Signature
Iwo
Article No.
165
Date Delivered
COMMISSIONERS
JOAN K. ORTHWEIN, Mayor
THOMAS M. STANLEY, Vim Mayor
MURIEL 1. ANDERSON
W. GARRETT DERING
ROBERTW.GANGER
November 5, 2012
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
NOTICE OF VIOLATIONS
Christopher & Shelly O'Hare
2520 and /or 2516 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mr. & Mrs. O'Hare:
Telephone
(561) 276-5116
Fax
(561) 737 -0186
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
Hand Deliver Article #165
There are several code violations on the property owned by you
located at 2520 Avenue Au Soleil. These violations are as follows:
1. Expired Re- roofing Permit #11- 135146. Section 42 -29 of the
Gulf Stream Code of Ordinances states that all authorized
construction shall be completed prior to expiration of the
permit. Florida Building Code Section 105.4.1.3 states that work
shall be considered to be in active progress when the permit
has received an approved inspection within 180 days. The last
roof inspection was April 26, 2012.
2. No overlay material in place on roof. Section 22 -32(5) states
the roof shall be constructed & maintained so as not to leak
and they shall be kept clean and painted.
3. Removal of a portion of driveway without obtaining a permit.
This is a violation of Section 58- 138(b).
4. Installation of landscape material that does not reinforce the
identy of the applicable zoning district as stated in Section
70 -146 and further is in violation of Section 70- 32(a)that states
this district is characterized as having "open front lawns'..
5. Some of the plants in the landscaping pallet are not listed
within the Code at Section 70 -150 ie. the Lady Palms and the
plantings also include species not listed as appropriate or
typical for Gulf Stream or Place Au Soleil
100 SEA ROAD, GULF STREAM, FLORIDA 33483
November 5, 2012
Page 2
Mr. & Mrs. O'Hare
This is to be considered official notice to correct these violations
within 30 days. Failing to comply with this order shall result in
future action as provided in Chapter 2, Article III, Division 2
of the Code of Ordinances, a copy of which is enclosed along with
copies of other sections mentioned herein.
Very truly yours,
William H. Thrasher
Town Manager
Encls.
§ 42.27
GULF STREAM CODE
and a fee established by the town's fee schedule
shall be paid to the town for receipt of such
permit.
(d) If a construction trailer is parked within
the town a permit shall be required therefor along
with approval of the town commission, and a
permit fee in the amount established in the town's
fee schedule shall be paid to the town. The permit
will be valid for a period of six months.
(e) If a person fails to obtain a building permit
where otherwise required within the town, the
penalty fee applicable by the county in the amount
of four times the regular fee due to the county
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 1978, § 4-4)
Sec. 42 -29. Construction abandonment.
All authorized construction shall be completed
prior to the expiration of the building permit
issued by the county. The expiration of a building
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 2, Article III,
Division 2, of this Code. Failure to restore the site
to its preconstruction 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)
Editor's note — Ordinance No. 03 -13, § 1, adopted October
10, 2003, repealed § 42 -29. Formerly, such section pertained to
approval of supplier of water prior to permit issuance and
derived from § 4 -6 of the 1978 Code. Subsequently, § 2 of same
ordinance renumbered § 42 -30 as § 42 -29.
Sec. 42 -30. Driveway permits.
(a) Permit required. Construction or reconstruc-
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 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 -falls,
and to ensure proper connection with the travel
lane of the adjacent roadway.
(b) Properties fronting on SR AIA. 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)
Editor's note — Ordinance No. 03 -13, § 3, adopted October
10, 2003, renumbered § 42 -31 to § 42 -30.
Secs. 42- 31- 42 -50. Reserved.
CD42:4
I- NUISANCES
§ 22 -34
(2) Exterior walls shall be reasonably free of
cracks or holes through which weather
elements can enter the building or struc-
ture, and all exterior surfacing material
shall be kept painted and in good repair.
(3)
Interior walls and ceilings shall be struc-
turally sound.
(4)
All windows and doors to the outside shall
be constructed and maintained in such a
condition as to exclude weather elements
or insects entering.
,,>'<(5)
The roof shall be constructed and main-
tained so as not to leak. Roofs shall be
kept clean and painted.
(6)
Every inside and outside stair, every porch
and appurtenance thereto shall be con-
structed so as to be safe to use and capa-
ble of supporting the load that normal use
may cause to be placed thereon, and in
conformance with the building code, and
shall be kept in sound condition and good
repair.
(7) Accessory buildings and other appurte-
nances such as swimming pools, tennis
courts, walls, gates and fences situated on
the premises shall be kept in a safe and
good state of repair.
(Ord. No. 04 -4, § 2, 10 -8 -04)
Sec. 22 -33. Notice to abate; content.
Whenever it is made to appear to the town
manager, or the town's designee, after investiga-
tion that a nuisance exists within the town pur-
suant to the provisions of this chapter, the town
manager or the town manager's designee shall
forthwith prepare an estimate of the total cost of
removing, suppressing or abating the nuisance
and cause to be served upon the person owning,
occupying or having the care or custody of any lot
or parcel of land upon or in connection with such
nuisance a written notice to remove, suppress or
abate the nuisance.
The notice shall:
(2) State the legal description of the property
on which the same exists or is main-
tained.
(3) State the estimated total cost which will
in the opinion of the town manager cover
the total cost of removing, suppressing or
abating same.
(4) The proportion of such cost proposed to be
borne by the town, if any.
(5) The proportion of such estimated amount
which shall be borne by the owner or
occupant of the premises involved.
(6) State that unless such prohibited act,
occurrence or condition has been effec-
tively removed, suppressed or abated on
or before the time stated in the notice, to
be not less than 15 days after service of
the notice, the town will remove, suppress
or abate the same and assess the cost of so
doing, or such proportion thereof as it
may deem equitable and just, against the
owner or occupant of the premises in-
volved, provided such assessment shall in
no event exceed the proportion of the
estimated amount set forth in the afore-
mentioned notice to be borne by the owner
or occupant of the premises involved;
(7) That such notice shall be served upon the
owner, occupant or person having the care
or custody of the particular property in-
volved, if he or she be found upon the
premises or within the town. In the event
the owner, occupant or custodian cannot
be found within the town after reasonable
and diligent inquiry, such notice shall be
posted in a conspicuous place upon the
premises and a copy thereof mailed by
certified mail, return receipt requested,
and by regular mail, to the last known
address of such owner, occupant or person
having the care or custody of the land
involved.
(Ord. No. 04-4, § 2, 10 -8 -04)
(1) Describe the prohibited act, occurrence or Sec. 22 -34. Hearing.
condition, in sufficient detail to plainly An
identify same. y person owning or occupying the property
removed or otherwise interested; who objects to
CD22:5
§ 22 -31
GULF STREAM CODE
(2) Rank vegetational growth that exudes
unpleasant or noxious odors, high or rank
vegetational growth that may conceal pools
of water, trash or filth, or any other de-
posits that may be detrimental to health.
(3) Brush, weeds or grass that shall be greater
than eight inches in height above the
ground.
(4) Dead or dying trees, grass, shrubs, stumps,
roots or obnoxious growth.
(5) Sand, soil or other fill material used in
connection with or resulting from construc-
tion projects.
(6) Filth, garbage, trash or debris.
(7) Decayed or decaying buildings or struc-
tures, ruins of any kind or buildings,
docks, walls or other structures in a fail-
ing or dangerous condition.
(8) Any condition which provides harborage
for rats, mice, snakes, or other vermin.
(9) Any building or other structure which is
in such a dilapidated condition that is
unfit for human habitation, or kept in
such an unsanitary condition that it is a
menace to the health of people residing in
the vicinity thereof, or presents a more
than ordinary dangerous fire hazard in
the vicinity where it is located.
(10) All unnecessary or unauthorized noises
and annoying vibrations, including ani-
mal noises.
(11) All disagreeable or obnoxious odors and
stenches, as well as the conditions, sub-
stances, or other causes which give rise to
the emission or generation of such odors
and stenches.
(12) The carcasses of animals or fowl not dis-
posed of within a reasonable time after
death.
(13) The pollution of any public well or cistern,
stream, lake, canal, or body of water by
sewage, dead animals, commercial wastes,
or other substances.
(14) Any building, structure, or other place or
location where any activity which is in
violation of local, state, or federal law is
conducted, performed or maintained.
(15) Any accumulation of stagnant water per-
mitted or maintained on any lot or piece of
ground.
(16) Dense smoke, noxious or lethal fumes,
lethal gas, soot, or cinders, in unreason-
able quantities.
(17) Any condition constituting a fire hazard.
(18) Any worn -out, scrapped, partially disman-
tled, nonoperative, unusable, or discarded
materials or objects, such as automobiles
or parts thereof, building materials, ma-
chinery, metal, wastepaper, rags, glass-
ware, tinware, vehicles, boats or parts
thereof, or other items of junk. Failure of
any vehicle, or parts thereof, to have a
valid license plate or other registration
certificate specifically attached to the ve-
hicle or part thereof, shall be prima facie
evidence that such property is worn out,
scrapped, nonoperative, unusable or dis-
carded.
(19) Failure of any person who has cleared
land pursuant to a land clearing permit to
resod, replant or periodically sprinkle the
cleared area to prevent creation of wind-
blown dust or dirt.
(20) A seawall or bulkhead which falls into a
state of disrepair or ruin so as to allow
erosion to land adjacent thereto.
(Ord. No. 04 -4, § 2, 10 -8 -04)
Sec. 22 -32. Foundations, structural mem.
bers and exterior surfaces.
Foundations and structural members located
upon any lot, parcel of land or premises in the
town shall provide a safe, firm and substantial
base and support for the structure, and shall meet
the following conditions, in addition to those set
forth by the town's building code.
(1) No floor, ceiling, roof, beam or essential
horizontal component of a building shall
sag in excess of three and one -half percent
of its span.
CD22:4
PLANNING AND DEVELOPMENT
or a federal, state, county, municipal or
other governmental agency in pursuance
of its lawful activities or functions.
(2) The removal of trees or the moving or
deposition of soil upon lots previously
developed and for which a building permit
has previously been granted, except in the
instance where the activity will destroy
trees in excess of eight inches in caliper or
alter 50 percent or more of the landscaped
area of the developed site.
(3) The land clearing permit requirement shall
not be construed to prohibit the removal
or elimination of excessive accumulations
of untended growth of weeds, under-
growth or other dead or living plant life as
may be required.
(4) The removal of invasive, exotic plant spe-
cies (for example Brazilian Pepper and
Melaleuca).
(5) Removal of plant severely damaged trees
and vegetation and other plant materials
with limbs or root systems that pose a
substantial hazard to persons or property.
(6) Planting of annual flowers and other sea-
sonal changes to landscaping beds, as
well as replacement of diseased and de-
clining hedges, ground cover and accent
plants with substitute plant materials.
(Ord. No. 91 -21, § 3, 10- 21 -91; Ord. No. 00 -1, § 3,
3- 10 -00)
Sec. 58 -138. Permits required.
(a) It shall be unlawful for any person to
remove, damage or destroy from any parcel of
land located within the town any tree with a
trunk diameter of eight inches or greater prior to
obtaining a land clearing permit from the town.
For purposes of this section, a "tree" is any
self - supporting woody plant together with its root
system, growing upon the earth usually with one
trunk of at least four inches in diameter at a
height of 02 feet above the ground, or a
multistemmed trunk system with a definitely
formed crown.
CD58:9
§ 58 -139
(b) It shall be unlawful for any person to
remove, move or add soil or fill to or from any
Parcel of land located within the town without
first having obtained a permit from the town.
(Ord. No. 91 -21, § 1, 10- 21 -91; Ord. No. 00 -1, §§ 4,
5,3-10-00)
Sec. 58 -139. Application requirements
Any person desiring a land clearing permit
required by this article shall submit a written
application to the planning and building admire_
istrator of the town in the same manner and
following the same procedures as provided in the
zoning code for site plan review. The application
shall include sufficient information to delineate
the extent of the clearing necessitated by the
proposed land development which information
shall include the following:
(1) A complete inventory designating the spe-
cies, location and number of all existing
trees on the property to be developed. In
addition, information should be provided
which shall fully provide for and desig-
nate existing elevations on the property.
(2) A site plan showing the proposed plan
designating the location, species and num-
ber of all trees on the property; proposed
elevations and contours of land.
(3) Written justification shall be provided for
the proposed work. This shall include, but
not be limited to, the following.
a. In the event of removal of trees from
the property, the applicant shall pro-
vide a plan for mitigation satisfac-
tory to the town which may include
relocation and preservation of the
trees removed to another location on
a property located within the town,
or the planting of new trees on the
development site. Removal shall only
be allowed in the instance where
there is no practical location on the
applicant's property or other prop-
erty in the town for relocating the
trees.
b. The applicant shall provide the town
a plan and appropriate assurances
to ensure the protection of trees
GULF STREAM DESIGN MANUAL § 70 -146
DIVISION 2. SPECIAL EXCEPTION ARCHITECTURAL STANDARDS
Sec. 70 -126. Additions and rehabilitations incorporating a prohibited design element that is
an integral part of the design of the existing structure.
Designs for additions and rehabilitations may incorporate prohibited design elements that are an
integral part of the existing structure (such as a flat roof) subject to the following:
(1) Permitted design elements. Any design element listed as prohibited that is an integral part of an
existing structure proposed for expansion or rehabilitation. Integral items shall include, but not
be limited to architectural style, building form, roof material, windows and doors; but shall not
include cosmetic elements such as paint colors.
(2) Specific standards for review.
a. The addition or rehabilitation shall comply with the standards listed in section 70 -107.
b. The prohibited design element shall be an integral part of the design or structure of the
existing building.
C. The incorporation of an existing prohibited design element into the design of the addition or
rehabilitated portion of the structure shall be minimized to the extent necessary to provide
a continuity of design between the rest of the existing structure and the addition or
rehabilitated portion.
d. The prohibited design element shall not have a more prominent appearance on the addition
or rehabilitated portion of the structure than it has on the rest of the existing structure.
e. The rehabilitation or addition shall not incorporate any discouraged or prohibited elements
not currently present on the existing structure.
f. The cost of the addition or rehabilitation shall not exceed 75 percent of the value of the
existing structure.
Secs. 70- 127 -70 -145. Reserved.
DIVISION 3. GENERAL LANDSCAPE STANDARDS
Sec. 70 -146. Purpose.
(a) The landscape architectural standards have been developed to reinforce the overall character and
the image of the town environment.
(b) The primary objectives of the landscape standards are to:
(1) Reinforce the community's identity.
(2) Enhance visual quality.
(3) Provide buffering.
(4) Provide a pleasant environment for living areas.
(5) Provide a pleasant environment for driving, walking, and other activities in the community.
(c) The correct selection of plant material:
(1) Beautifies the streetscape and softens buildings.
(2) Controls glare.
CD70:65
§ 70 -146
GULF STREAM CODE
(3) Controls wind and directs breezes.
(4) Provides shade.
(5) Reduces evapo- transpiration rates and humidity.
(6) Reinforces the identity of various districts.
Landscape elements help to refine boundaries and reinforce the identity of the
community
Sec. 70 -147. Planting techniques.
The town has a diverse selection of plant material and varying compositions. Formal, informal,
manicured, and naturalistic planting techniques are evident.
(1) Formal. The arrangement of plant material in an ordered unified repetitious way (usually even
number of groupings).
(2) Informal. The arrangement of plant material in a random grouping or asymmetric design.
(3) Manicured. Well- maintained and regularly pruned.
CD70:66
_ e
_
r
Landscape elements help to refine boundaries and reinforce the identity of the
community
Sec. 70 -147. Planting techniques.
The town has a diverse selection of plant material and varying compositions. Formal, informal,
manicured, and naturalistic planting techniques are evident.
(1) Formal. The arrangement of plant material in an ordered unified repetitious way (usually even
number of groupings).
(2) Informal. The arrangement of plant material in a random grouping or asymmetric design.
(3) Manicured. Well- maintained and regularly pruned.
CD70:66
§ 70 -31
GULF STREAM CODE
(2) The North/South District is characterized by an eclectic yet pleasing mixture of one- and
two -story Spanish Mediterranean, Gulf Stream - Bermuda, Contemporary and Ranch style
homes. Although a wide range of exterior materials, windows and entries are present, all are of
very high quality and are used appropriately according to the architectural style of each house.
Further, the materials and design elements are employed carefully to provide a consistent,
residential and human scale to all of the houses. Thus, while the architecture is more varied than
in any of the other districts in the town, the scale and mass of the homes and use of open space
on the lots provides a harmonious and tranquil setting similar to that found in the remainder of
the community.
(3) Informal and naturalist plantings characterize the landscaping and general feel of the lots.
However, as is characteristic throughout all of the town, perimeter hedging is used extensively to
provide privacy. Most of the lots also feature swimming pools and patio decks in the rear yards.
(Ord. No. 00 -1, § 26, 3- 10 -00)
,ec. 70 -32. Place Au Soleil District.
(a) Summary of district characteristics (RS -P).
Architecture: Predominant Gulf Stream - Bermuda
Lot size: Small to medium -sized lots (typical lot size: 13- 15,000 square feet)
Other:
Foundation plantings/informal shade trees
Open front lawns
Wide, curvilinear roads with cul -de -sacs
CD70:20
GULF STREAM DESIGN MANUAL § 40 -82
(b) Description.
(1) Place Au Soleil was the name given to the last subdivision to be developed in the town. Located
on the west side of the Intracoastal Waterway, the area includes about 90 homes, most of which
were constructed between the mid -1960s and early 1970s. The subdivision includes several
modern features not found in the other districts, such as wider streets, cul -de -sacs, landscaped
boulevards, underground utilities and a gatehouse. In addition, just under half of the properties
adjoin private coves or the Intracoastal Waterway.
(2) The Place An Soleil District is characterized by one -story and a few partial two -story houses
which fit comfortably on medium -sized lots. Together, the homes and landscape features lend an
informal, harmonious neighborhood feel to the district.
CD70:21
9 70.32
GULF STREAM CODE
(3) Although newer, the majority of the houses in the district tend to be of the Gulf Stream- Bermuda
style or Ranch style homes that incorporate similar elements. Accordingly, predominant exterior
materials include white cement tile roofs and pastel stucco walls. However, the district also
contains Ranches with more Spanish Mediterranean type features, such as rolled roof tiles, and
rustic features, such as long front porches and stained wood siding. In all cases, the materials
used are of high quality and are applied appropriately according to the overall style of each home.
(4) Homes in the district contain a variety of window types; however, most have small glass panes
divided by mullions or muntins. Some larger glass openings are found on the rear of those houses
facing the water. Front entries are typified by long front porches or small stoops with simple roof
overhangs.
(5) Informal and naturalist plantings with open front lawns characterize the landscaping and
general feel of the lots. Perimeter hedging is used along side property lines to maintain privacy,
but is generally not used in the front. In keeping with its name as the "place in the sun" most of
the lots in the district feature swimming pools and patio decks in the rear yards. In the front
yard, the open lawns are divided by straight or circular driveways comprised of varying types of
textured surfaces or asphalt.
Secs. 70- 33- 70 -45. Reserved.
CD70:22
§ 70 -149 GULF STREAM CODE
Sec. 70 -149. Typical native plants.
Listed below are some of the native plants that are appropriate and presently found in the town:
(1) Ground covers..
(2) Shrubs.
(3) Palms.
(4) Trees.
Tall Sea Ox -Eye Daisy
Cocoplum
Firebush
Wax Myrtle
Hobe Sound Dwarf Cocoplum
Hawaiian Beach Berry
Royal Palm
Paurotis Palm
Sabal Palm
Dahoon Holly
Sea Grape
Satin Leaf
Pitch Apple
Live Oak
Mahogany
Gumbo Limbo
Buttonwood
' Sec. 70 -150. Other plants used in the town.
Borrichia arborescens
Chrysobalanus icaco
Hamelia patens
Myrica cerifera
Chrysobalanus icaco
Scaevola frutescens
Roystonea elata
Acoelorrhaphe wrightii
Sabal palmetto
Rex cassine
Coccoloba uvifera
Chrysophyllum oliviforme
Clusia roses.
Quercus virginiana
Swietenia mahagoni
Bursars simaruba
Conocarpus erectus
(a) The following are examples of materials presently found in the town:
(1) Ground covers.
(2) Tall shrubs.
Chinese Taro
Swordfern
Laua'e, East Indian Wart Fern
Peace Lily
Dwarf Peace Lily
Dwarf Confederate Jasmine
Southern Wax Privet
Oleander
Kopsia
Truk Island Beach Berry
Hibiscus
Sandankwa Viburnum
Ficus
CD70:70
Alocasia cuculata
Nephrolepis exaltata
Polypodium phymatodes
Spathiphyllum clevelandi
Spathiphyllum 'Wallisii'
Trachelospermum j asminoides 'Min-
ima'
Ligustrum japonicum
Nerium oleander
Ochrosia parviflora
Scaevola koenigii
Hibiscus rosy sinensis
Viburnum suspensum
Ficus spp.
(3) Shrubs.
(4) Vines.
(5) Palms.
(6) Tees.
GULF STREAM DESIGN MANUAL
Surinam Cherry
Gardenia
Ixora
Dwarf Oleander
Tobira
Crepe Jasmine
Chalcas
Brown Bud Allamanda
Bougainvillea
Monsters or Ceriman
Confederate Jasmine
European Fan Palm
Areca Palm
Coconut Palm
Coconut Palm
Senegal Date Palm
Pigmy Date Palm
Alexander Laurel or Kamani
Satin Leaf
Cattley Guava
Pigeon Plum
(b) Two excellent reference books are:
§ 70 -166
Eugenia uniflora
Gardenia jasminoides
Ixora'Singapore','Maui','Nora Grant',
'Super King' etc.
Nerium oleander 'Petite salmon'
Pittosporum tobira
Tabernaemontana divaricata
Murraya paniculata
Allamanda cathartica'Hendersonii'
Bougainvillea spectabilis
Monsters deliciosa
Trachelospermum jasminoides
Chamaerops humilis
Chrysalidocarpus lutescens
Cocos nucifera "Malayan"
Cocos nucifera "Maypan"
Phoenix reclinata
Phoenix roebelenii
Calophyllum inophyllum
Chrysophyllum oliviforme
Psidium littorale
Coccoloba diversifolia
(1) Florida, My Eden (Exotic and Native Plants for Use in Tropic and Subtropic Landscape) by
Frederic B. Stresau, F.A.S.L.A.
(2) Florida Landscape Plants, Native and Exotic, revised edition, by John V. Watkins and Thomas J.
Sheehan.
Secs. 70- 151 -70 -165. Reserved.
DIVISION 4. GENERAL OUTDOOR LIGHTING STANDARDS
Sec. 70 -166. Purpose; categories.
(a) Residential lighting serves an essential function. It assists in crime prevention and safety for both
pedestrians and vehicles, and enhances the aesthetic value of properties at night. This visual appeal is
accentuated by the proper selection and placement of lights.
(b) Private, outdoor lighting in the town is classified under the general categories:
(1) Security /safety lighting.
(2) Accent/landscape lighting.
CD70:71
l-
§ 2-42
GULF STREAM CODE
(4) Attend all town commission meetings and
he shall have the right to take part in
discussion but may not vote.
(5) Administer all laws, provisions of the char-
ter and acts of the town commission sub-
ject to enforcement by him or by officers
subject to his supervision.
(6) Prepare and submit the annual budget
and capital programs to the town com mis-
sion.
(7) Submit to the town commission and make
available to the public a complete report
on the finances and administration activ-
ities of the town as of the end of each fiscal
year.
(8) Make such other reports as the town
commission may require concerning the
operations of town departments, offices
and agencies subject to his direction and
supervision.
(9) Keep the town commission fully advised
as to the financial condition and future
needs of the town and make such recom-
mendations to the town commission con-
cerning the affairs of the town as he
deems desirable.
(10) Sign contracts on behalf of the town as
directed by the town commission.
(11) Perform such other duties as are specified
in the charter or ordinances of the town or
as may be required by the town commis-
sion.
(12) The town manager shall represent the
town before appointive officers of other
governmental bodies except when the town
commission shall have designated some
other person to act.
(Ord. No. 89 -3, § 1, 5 -5 -89)
Secs. 2.43 -2 -55. Reserved.
ARTICLE M. BOARDS AND
COMMISSIONS
DIVISION 1. GENERALLY
Secs. 2- 56 -2 -65. Reserved.
Y DIVISION 2. CODE ENFORCEMENT
Sec. 2.66. Title.
This division may be known and cited as the
"Code Enforcement Ordinance of the town of Gulf
Stream, Florida."
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2.67. Special magistrate term.
(a) There is hereby established a special mag-
istrate who shall be designated by the town
commission.
(b) The special magistrate shall be appointed
for a term of two years and shall be appointed to
serve in an ex- officio capacity if the special mag-
istrate serves other local governments as a special
magistrate. Such service to other local govern-
ments does not create duties inconsistent with
serving as special magistrate to the Town of Gulf
Stream.
(c) The special magistrate shall be an attorney
and a member of the Florida Bar.
(d) The special magistrate shall serve at the
pleasure of the town commission.
(e) The special magistrate shall preside over
code enforcement matters scheduled to be heard
from time to time.
(f) Minutes shall be maintained at all hearings
presided over by the special magistrate; all hear-
ings shall be open to the public. The town shall
provide clerical and administrative personnel as
may be required by the special magistrate for the
proper performance of his/her duties.
(g) The town attorney or his/her designee shall
represent the town by presenting cases before the
special magistrate.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2 -68. Jurisdiction.
(a) The special magistrate shall have the juris-
diction and authority to hear and decide any
alleged violations of the following chapters of the
Code and ordinances of the town as the same may
be amended from time to time:
Supp. No. 1 CD2:4
(1) Chapter 6, Animals;
ADMINISTRATION
(2) Chapter 10, Businesses, Professions and
Occupations;
(3) Chapter 18, Emergency Systems;
(4) Chapter 22, Nuisances;
(5) Chapter 26, Offenses;
(6) Chapter 38, Waterways;
(7) Chapter 42, Buildings and Building Reg-
ulations;
(8) Chapter 52, Marine Facilities, Structures
and Places; and
(9) Chapter 66, Zoning.
(10) Chapter 70, Design Manual.
(b) The jurisdiction of the special magistrate
shall not be exclusive. Any alleged violation of any
of the aforesaid codes and ordinances may be
pursued by appropriate remedy in the court at the
option of the administrative official bearing re-
sponsibility for enforcement of that respective
code or ordinance.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2 -69. Enforcement procedure.
(a) An employee of the town who is duly au-
thorized by the town manager and responsible for
the enforcement of such ordinances, hereinafter
referred to as a "code enforcement officer," may
initiate code enforcement proceedings and issue
citations or notices of violation to a person or
persons to appear in front of the special magis-
trate when the code enforcement officer, upon
personal investigation, has reasonable cause to
believe that the person or persons are in violation
of the codes cited in this division. Employees who
may be designated as code enforcement officers
may include but are not limited to, code inspec-
tors, law enforcement officers, public works in-
spectors, fire safety inspectors, and zoning inspec-
tors.
(b) If a violation of the codes is found, the code
inspector shall notify the violator, unless subsec-
tion (c) below applies, and give such violator a
reasonable time, which shall not exceed 30 days,
to correct the violation. Should the violation con-
tinue beyond the time specified for correction, the
code inspector shall notify the special magistrate
§ 2 -70
and request a hearing. The special magistrate
shall schedule a hearing, and written notice of
such hearing shall be hand delivered or mailed as
provided in section 2 -75 to the violator. At the
option of the special magistrate, notice may addi-
tionally be served by publication or posting as
provided in section 2 -75. If the violation is cor-
rected and then recurs or if the violation is not
corrected by the time specified for correction by
the code inspector, the case may be presented to
the special magistrate even if the violation has
been corrected prior to the special magistrate
hearing, the notice shall so state.
(c) If a repeat violation is found, the code
inspector shall notify the violator but is not re-
quired to give the violator a reasonable time to
correct the violation. The code inspector, upon
notifying the violator of a repeat violation, shall
notify the special magistrate and request a hear-
ing. The special magistrate shall schedule a hear-
ing and shall provide notice pursuant to section
2 -75. The case may be presented to the special
magistrate even if the repeat violation has been
corrected prior to the hearing, and the notice shall
so state. If the repeat violation has been cor-
rected, the special magistrate retains the right to
schedule a hearing to determine costs and impose
the payment of reasonable enforcement fees upon
the repeat violator. The repeat violator may choose
to waive his or her rights to this hearing and pay
the costs as determined by the special magistrate.
Arepeat violation is a violation of a provision of a
code or ordinance by a person whom the special
magistrate has previously found to have violated
the same provision within five years prior to the
violation.
(d) If the code inspector has reason to believe a
violation of the condition causing the violation
presents a serious threat to the public health,
safety, and welfare or if the violation is irrepara-
ble or irreversible in nature, the code inspector
shall make a reasonable effort to notify the viola-
tor and may immediately notify the special mag-
istrate and request a hearing.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2 -70. Conduct of hearings.
(a) At the hearing, the burden of proof shall be
upon the town to show by substantial competent
evidence that a violation did occur or does exist,
Supp. No. 1 CD2:5
§ 2 -70
GULF STREAM CODE
or has been repeated. Assuming proper notice of
hearing has been given to the respondent, either
as actual notice or as provided herein, a hearing
may proceed in the absence of the respondent.
(b) All testimony shall be under oath and shall
be recorded. The formal rules of evidence shall not
apply. Irrelevant, immaterial and unduly repeti-
tious evidence of a type commonly relied upon by
reasonable prudent persons in the conduct of
their affairs shall be admissible, whether or not
such evidence would be admissible at a trial in
the courts of the state. Documentary and physical
evidence may be admitted.
(c) The special magistrate may inquire of any
witness who is testifying before him/her. The
respondent, or his attorney and the town attorney
and his/her designee shall be permitted to inquire
of any witness before the special magistrate. The
special magistrate may call any witness deemed
necessary to provide a full and fair hearing of the
case.
(d) At the conclusion of the hearing, the spe-
cial magistrate shall issue findings of fact based
on evidence on the record and conclusions of law,
and shall issue an order affording the proper
relief consistent with the powers granted herein.
The order shall be stated orally at the meeting,
and shall be reduced to writing and mailed to the
alleged violator within ten working days after the
hearing. The order may include a notice that it
must be complied with by a specified date and
that a fine, as well as the cost of repairs, may be
imposed if the order is not complied with by such
date. A certified copy of such order may be re-
corded in the public records of the county and
shall constitute notice to any subsequent purchas-
ers, successors in interest, or assigns if the viola-
tion concerns real property, and the findings therein
shall be binding upon the violator and, if the
violation concerns real property, any subsequent
purchasers or successors in interest or assigns.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2 -71. Powers.
The special magistrate shall have the power to:
(1) Adopt rules for the conduct of his/her
meetings and hearings.
(2) Subpoena alleged violators and witnesses
to his/her hearings.
(3) Subpoena evidence as necessary for his/
her hearings,-including, but not limited to
physical and documentary evidence such
as records, surveys, plats and photo-
graphs.
(4) Take testimony under oath.
(5) Issue orders having the force and effect of
law which can command whatever steps
are necessary to bring a violation into
compliance, such decision to be made at
the hearing and reduced to writing and
mailed to the respondent(s) within ten
working days thereafter.
(6) Establish and enforce fines pursuant to
section 2 -72.
(7) Authorize the town attorney to foreclose
on liens imposed pursuant to section 2.72
which remain unpaid after a period of
three months.
(8) Authorize the reduction of any fine he/she
has imposed.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2 -72. Administrative fines, costs of re-
pair-, liens.
(a) The special magistrate, upon notification
by the code inspector that an order of the special
magistrate has not been complied with by the set
time or, upon finding that a repeat violation has
been committed, may order the violator to pay a
fine in an amount specified in this section for each
day the violation continues past the date set by
the special magistrate for compliance or, in the
case of a repeat violation, for each day the repeat
violation continues, beginning with the date the
repeat violation is found to have occurred by the
special magistrate. In addition, if the violation is
a violation described in subsection 2 -69(d) of this
division, the special magistrate shall notify the
local governing body, which may make all reason-
able repairs which are required to bring the
property into compliance and charge the violator
with the reasonable cost of the repairs along with
the fine imposed pursuant to this section. If a
finding of a violation or a repeat violation has
Supp. No. 1 CD2:6
ADMINISTRATION
been made as provided in this section, a hearing
shall not be necessary for issuance of the order
imposing the fine. If, after due notice and hearing,
a special magistrate finds a violation to be irrep-
arable or irreversible in nature, it may order the
violator to pay a fine as specified in subsection (b),
below.
(b) A fine imposed pursuant to this section
shall not exceed $250.00 per day for a first viola-
tion, and shall not exceed $500.00 per day for a
repeat violation, and, in addition may include all
costs of repairs pursuant to subsection (a), above.
However, if the special magistrate finds the vio-
lation to be irreparable or irreversible in nature,
it may impose a fine not to exceed $5,000.00 per
violation.
(c) In determining the amount of the fine, if
any, the special magistrate shall consider the
following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to cor-
rect the violation; and
(3) Any previous violations committed by the
violator.
(d) A _ certified copy of an order imposing a fine
may be recorded in the public record and thereaf-
ter shall constitute a lien against the land on
which the violation exists, and upon any other
real or personal property owned by the violator.
Upon petition to the circuit court, such order may
be enforced in the same manner as a court judg-
ment by the sheriffs of this state, including levy
against the personal property, but such order
shall not be deemed to be a court judgment except
for enforcement purposes. A fine imposed pursu-
ant to this section shall continue to accrue until
the violator comes into compliance or until a
judgment is rendered in a suit to foreclose on a
lien filed pursuant to this section, whichever
occurs first. A lien arising from a fine imposed
pursuant to this section runs in favor of the town
and the town may execute a satisfaction or re-
lease of a lien entered pursuant to this section.
After three months from the filing of any such lien
which remains unpaid, the town may authorize
the town attorney to foreclose on the lien. No lien
created pursuant to the provisions of this section
Supp. No. 1
§ 2 -75
may be foreclosed on real property which is a
homestead under Section 4, Article X of the State
Constitution.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2.73. Duration.
No lien provided under this division shall con-
tinue for a period longer than 20 years after the
certified copy of an order imposing a fine has been
recorded, unless within that time an action to
foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose
on a lien, the prevailing party is entitled to
recover all costs, including a reasonable attorney's
fee, that it incurs in the foreclosures. The town
shall be entitled to collect all costs incurred in
recording and satisfying a valid lien. The contin-
uation of the lien effected by the commencement
of the action shall not be good against creditors or
subsequent purchasers for valuable consideration
without notice, unless a notice of lis pendens is
recorded.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2 -74. Appeals.
An aggrieved party, including the town, may
appeal a final administrative order of the special
magistrate to the circuit court of Palm Beach
County, Florida. Such an appeal shall not be a
hearing de novo, but shall be limited to appellate
review of the record created before the special
magistrate. The appeal shall be filed within 30
days of the execution of the order to be appealed.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2 -75. Notices.
(a) All notices required by this section shall be
provided to the alleged violator by certified mail,
return receipt requested; by hand delivery by the
sheriff or other law enforcement officer, code
inspector, or other person designated by the local
governing body; or by leaving the notice at the
violator's usual place of residence with any person
residing therein who is above 15 years of age and
informing such person of the contents of the
notice.
CD2:7
§ 2 -7s
GULF STREAM CODE
(b) In addition to providing notice as set forth
in this section, at the option of the special magis-
trate, notice may also be served by publication or
posting, as follows:
(1) Such notice shall be published once dur-
ing each week for four consecutive weeks
(four publications being sufficient) in a
newspaper of general circulation in Palm
Beach County, Florida. The newspaper
shall meet such requirements as are pre-
scribed under F.S. ch. 50 for legal and
official advertisements.
(2) Proof of publication shall be made as
provided in F.S. §§ 50.041 and 50.051.
(3) In lieu of publication as described in this
section, such notice may be posted for at
least ten days in at least two locations,
one of which shall be the property upon
which the violation is alleged to exist and
the other of which shall be at town hall.
(4) Proof of posting shall be by affidavit of the
Person posting the notice, which affidavit
shall include a copy of the notice posted
and the date and places of its posting.
(c) Notice by publication or posting may run
concurrently with, or may follow, an attempt or
attempts to provide notice by hand delivery or by
mail as required under this section.
(d) Evidence that an attempt has been made to
hand deliver or mail notice as provided in this
section, together with proof of publication or post-
ing as provided in this section shall be sufficient
to show that the notice requirements of this
section have been met, without regard to whether
or not the alleged violator actually received such
notice.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2 -76. Procedure to request that a fine
or lien imposed pursuant to sec.
tion 2 -72 be reduced; conditions
and criteria therefor.
(a) The owner of real property against which a
fine has been imposed pursuant to section 2 -72
may apply to the special magistrate, through the
town attorney or his/her designee, for a satisfac-
tion of the fine with less than full payment
thereof. No such application shall be considered
by the special magistrate until the applicant has
first shown that:
(1) All ad valorem property taxes, special
assessments, town utility charges and other
government- imposed liens against the sub-
ject real property have been paid.
(2) The applicant is not personally indebted
to the town for any reason.
(3) All town code violations have been cor-
rected under necessary permits issued
therefor.
(b) In considering an application to reduce a
fine or lien imposed pursuant to section 2 -72, no
satisfaction thereof shall be approved by the spe-
cial magistrate with less than full payment thereof,
unless the special magistrate shall make a spe-
cific finding that no violation of any ordinance
de- scribed in section 2 -68 of this Code exists on
the subject real property.
(c) The balance of any fine or lien imposed
Pursuant to section 2 -72 that is reduced by the
special magistrate shall be paid on such terms as
approved by the special magistrate.
(d) If the property for which an application for
a fine reduction is being considered is owned by a
government or quasi - government entity, the spe-
cial magistrate may reduce such fine even if the
violation has not been corrected.
(e) Where recording has occurred and a lien
filed against the property, any request for a sat-
isfaction of the lien with less than full payment
shall be considered by the town commission not
the special magistrate.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2.77. Provisions supplemental and cu.
mulative.
Nothing contained in this division shall in any
way bar or prohibit the maintenance of a suit at
law or in equity by the town to enjoin or correct
any violation of the ordinances of the town, nor to
bar or prohibit the town from filing charges against
any person, firm or corporation violating any
town ordinance as provided by existing laws. This
Supp. No. 1 CD2:8
i
ADMINISTRATION
division shall be construed to be supplemental
and cumulative with any and all other remedies
available to the town and not exclusive.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2 -78. Alternative code enforcement pro-
cedures.
The town may employ other methods of code
enforcement including, but not limited to, the
issuance of a notice to appear in county court or
arrest for violation of municipal ordinances as
provided for in F.S. ch. 901. Unless otherwise
specifically authorized and provided for by law, a
person convicted of violating a municipal ordi-
nance may be sentenced to pay a fine not to
exceed $500.00, and may be sentenced to a defi-
nite term of imprisonment not to exceed 60 days,
in a municipal detention facility or other facility
as authorized by law.
(Ord. No. 06 -02, § 1, 5 -5 -06)
ARTICLE W INSURANCE PREM UMS
Sec. 2 -80. Property insurance premiums tax.
(1) There is hereby assessed and imposed on
every insurance company, corporation or
other insurer now engaged in or carrying
on, or who shall hereafter engage in or
carry on, the business of property insur-
ance as shown by the records of the State
Department of Insurance, an excise tax in
addition to any lawful license or excise
tax now levied by the Town, in the amount
of one and eighty -five hundredths (1.85)
percent of the gross amount of receipts of
Premiums from policyholders on all pre-
miums collected on property insurance
policies covering property within the cor-
porate limits of the Town. In the case of
multiple -peril policies with a single pre-
mium for both the property and casualty
coverages in such policies, seventy (70)
percent of such premium shall be used as
the basis for the one and eighty -five hun-
dredths (1.85) percent tax. This excise tax
shall be payable annually on March 1 of
each year.
Supp. No. 1
CD2:9
§ 2 -80
(2) All money derived from this tax shall be
appropriated to the City of Delray Beach's
Firefighter Relief and Pension Fund to
provide fire - rescue services pursuant to
the Interlocal Agreement between the Town
of Gulf Stream and the City of Delray
Beach.
(Ord. No. 06 -08, § 1, 11- 17 -06)
r
, e
TO:
FROM
DATE:
MEMORANDUM
William Thrasher
Town Manager
Marty R.A. Minor, AICP
October 16, 2012
RE: 2520 AVENUE AU SOLEIL
- UNPERMITTED LANDSCAPING ANALYSIS
ki I da
STUDIOS
Urban Planning and Design
Landscape Architecture
Communication Graphics
At the request of the Town, I have reviewed the recently - installed landscaping located
at 2520 Avenue Au Soleil. The landscaping was reviewed for its conformance with the
Code of Ordinances and, specifically, the Gulf Stream Design Manual.
The Town's code of ordinances and Division 3 of the Gulf Stream Design Manual, in
particular, place an emphasis on lot landscaping reflecting the character of the
community and district.
This requirement is exemplified in Section 70 -146 of the Town Code which states that
one the primary objectives of the landscape standards is "reinforcing the community
identity." Plant selection for new landscaping is also required to "reinforce the identity"
of the applicable zoning district.
The subject lot is located within the Place Au Soleil single family district, which is
characterized as having "open front lawns (Section 70 -32 (a))." Landscaping within the
district is described as: "Informal and naturalist plantings with open front lawns
characterize the landscaping and general feel of the lots. Perimeter hedging is used
along side property lines to maintain privacy, but is generally not used in the front. In
keeping with its name as the 'place in the sun' most of the lots in the district feature
swimming pools and patio decks in the rear yards. In the front yard, the open lawns are
divided straight or circular driveways comprised of varying types of textured surfaces or
asphalt (Section 70 -32 (b)(5))."
The recently - installed landscaping at 2520 Avenue Au Soleil does not conform with the
character of its district as described above. The lot landscaping has created a formal,
vegetated wall along the front and side yards. This landscape design is in conflict with
the defined character of the district and, as such, does not reinforce the identity of the
district or community (Section 70 -146).
The landscaping pallet used at 2520 Avenue Au Soleil appears to
include some species listed within the appropriate or typical plants
H \JOBS\Gulf Stream-94-012\2520 Avenue Au Soleil2520 Avenue Au Soliel landscanina memn daa
Y-�
477 S. Rosemary Avenue
Suite 225 - The Lofts at CityPlace
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.UDKstudios.com
LCC35
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Mr. William Thrasher
2520 Avenue Au Soleil Landscaping
October 16, 2012
Page 2
listed for the Town (Section 70 -150). However, there are several apparent species
which are not listed within the code. The most prevalent of these non - listed species are
the Lady Palms (Rhapis spp.), which bisects the lot's driveway and comprises much of
the vegetated wall around the front yard. These small palms, which do not appear to
meet the industry's Florida Number 1 quality standard, prefer shady areas and will most
likely suffer from overexposure to sunlight.
In summary, the landscape design at 2520 Avenue Au Soleil does not conform to the
Town's general landscaping standards. The lack of an open front yard and informal
plantings are inconsistent with the plantings and characteristics of the Place Au Soleil
district. The plantings also include species which are not listed as "appropriate" or
"typical" for Gulf Stream or Place Au Soleil.
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