HomeMy Public PortalAbout02/18/2014 * Case #CE-3-14 * SwiftA1,�Ic.l-,P, -* /S3
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Building Planning and Ph. (561) 276 -5116
Zoning Department Fax (561)737 -11188
CODE ENFORCEMENT SPECIAL MAGISTRATE
TOWN OF GULF STREAM, FLORIDA
CASENO: CE 3 -14 2 -18 -14
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): 2562 Avenue Au Soleil, Gulf Stream,FL
2. Legal Description: io G 42 & 43 Place Au Soleil Subdivision
3. Name and address of owner /person in charge where violation(s) exist(s): Constance J.
Swift, 2562 Ave. Au Soleil, Gulf Stream, FL 33483.
Removal of an existing shed was a
4. Violation of Town Code Section(s) and description(s):!ondition attached to the approval
of a large addition to an existing residence. The shed is in violation of Sec.
70 -74 that requjEesL accessory structures to be placed 15' inside the rear property
line and in violation of Sec. 70 -1 t pro i s me s e . ere is
no record in the file that the shed was ever originally permitted. The addition
ion
as the shed has not been removed as was the condition that was placed at time
-gf _ l Of t17P Atli +inn to the Ac 11ina
(SEE ATTACHED "EXHIBITS OF VIOLATION ")
5. Date of First Inspection: 9 -4 -13
6. Date owner first notified of violation(s):
7. Date on/by, which violations are to be corrected: DecentUer 22, 2013
* * * * * * * * * * * * * * * * * * * * * * * * ** *IMPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * **
Unless the violator corrects the violation(s) described herein by the date set forth above AND
CONTACTS THE UNDERSIGNED CODE INSPECTOR AT 561- 276 -5116 to verify
COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HERBY GIVEN THAT A PUBLIC
HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf
Stream Code Enforcement Special Magistrate on Feb. 25, 2014 of 0:00 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
William H. Thrasher, Town Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
Feb. 24, 2014 1 THAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND
DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT
YOU ARE REQUESTING A REINSPECTION.
IF THE VIOLATION(S) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR
CORRECTION, OR IF THE VIOLATION(S) IS /ARE CORRECTED AND THEN 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.
By: Rita L. Taylor, To Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
THIS HEARING WAS CANCELLED DUE TO SHORT NOTIFICATION TIME
AND SCHEDULING CONFLICTS.
THIS HEARING WAS RE -FILED UNDER FILE # CE 4 -14 on 9 -2 -14.
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Addressed To:
Constance J. Swift
2562 Ave, Au Soleil
Gulf Stream, FL 33483
Signature of Addressee
or
Agent SignatV
Article No.
183
Date Delivered:
'�-110' 1I-t
§ 70 -72 GULF STREAM CODE
I For each one square foot of roof projection over the maximum permissible FAR, two square
feet of roof projection must be provided that are within the maximum permissible FAR, and
all shall remain forever unenclosed.
e. Prior to the issuance of a certificate of occupancy or certificate of completion, the owner of
the property shall prepare and record a deed restriction which, at a minimum, shall provide
that all roof projection areas required to remain unenclosed as per approval of this special
exception shall remain so for as long as the structure is in existence or exceeds the
maximum permissible FAR.
(Ord. No. 08 -5, § 2, 9 -5 -08)
Sec. 70 -73. Two -story structures.
(a) In order to .limit the construction of bulkier homes with full second stories in districts with small
to medium lot sizes, the following restrictions shall be used:
(b) The use of architectural design features to provide variation among two -story single family homes
is required. One or more of the following features shall be incorporated within facades facing public or
private roadways on any new two -story, single family home in all zoning districts.
• Second -story setback (minimum five feet setback, in addition to ground level front setback)
• Front porch (minimum eight feet depth)
• Balcony (minimum 24 square feet)
• Arcade
The town commission may waive this requirement within subsection (b) if the applicant can demonstrate
that these features are inconsistent with the home's architectural style and that the desired visual
variation is provided through other measures.
(Ord. No. 00 -1, § 26, 3- 10 -00; Ord. No. 12 -4, § 11, 7- 13 -12)
Sec. 70 -74. Setbacks.
(a) Minimum building setbacks. The following table provides the minimum setback requirements for
principal and minor accessory structures. Those accessory structures not defined as "minor" shall meet
the same setbacks as principal structures.
CD70:32
C
C
C11
Gulf Stream
I
Core
Ocean West
Beach ont
North /South
Place au Soleil
Maximum Sec-
.70 x first floor
.70 x first floor
.70 x first floor
.70 x first floor
.70 x first floor
and Floor Area
area
I area
area
area
area
(b) The use of architectural design features to provide variation among two -story single family homes
is required. One or more of the following features shall be incorporated within facades facing public or
private roadways on any new two -story, single family home in all zoning districts.
• Second -story setback (minimum five feet setback, in addition to ground level front setback)
• Front porch (minimum eight feet depth)
• Balcony (minimum 24 square feet)
• Arcade
The town commission may waive this requirement within subsection (b) if the applicant can demonstrate
that these features are inconsistent with the home's architectural style and that the desired visual
variation is provided through other measures.
(Ord. No. 00 -1, § 26, 3- 10 -00; Ord. No. 12 -4, § 11, 7- 13 -12)
Sec. 70 -74. Setbacks.
(a) Minimum building setbacks. The following table provides the minimum setback requirements for
principal and minor accessory structures. Those accessory structures not defined as "minor" shall meet
the same setbacks as principal structures.
CD70:32
C
C
C11
C�
l
1
GULF STREAM DESIGN MANUAL
§ 70 -75
` CCCL refers to the Coastal Construction Control Line established in 1978.
" Refer also to section 70- 75(i).
(b) Special setback requirements.
(1) Effective lot area. All setbacks shall be measured from the lot lines established under the effective
lot area definition.
(2) Driveways. A five -foot minimum setback is required except for the driveway apron.
(3) Patios and decks up to eight inches higher than highest abuttinggrade. The setback is a minimum
of three feet from all property lines.
(4) Walls and fences adjacent to streets. No setback is required provided the wall or fence is located
on the property (not on the right -of -way) and at least five feet from the edge of the pavement.
Walls and fences in the Ocean West District shall be a minimum of 12 feet from the AIA
right -of -way line. At street corners, a visibility triangle shall be provided for a minimum distance
of ten feet in both directions from the intersecting point of property lines. No wall or fence shall
be located in the visibility triangle.
(5) Walls and fences not adjacent to streets. No setback is required.
(Ord. No. 00 -1, §§ 26, 29, 30, 3- 10 -00)
Sec. 70 -75. Special exception setbacks.
(a) Mechanical equipment on lots less than 20,000 square feet.
(1) Minimum setback. The minimum setback for side (interior) is ten feet.
(2) Specific standards for review.
a. Conforming locations for proposed equipment are impractical, significantly more expensive
or have a significant adverse impact on the site plan in terms of the overall site design or
relationships between site plan elements including, but not limited to, structures, patios,
driveways and landscaping.
CD70:33
Gulf Stream
Place au
Core
Ocean West
Beach oat
North /South
Soleil
Front
Principal
30
30
25
30
30
Address
other than
Minor Acc.
25
30
25
25
25
AIA
Side
Principal
Total of both side setbacks shall be a minimum of 30% of the lot width;
Interior
however, no single side setback shall be less than 15 feet.
Minor Acc.
12
15
15
12
12
Street
Principal
20
30
20
20
20
Not front nor
Minor Acc.
17
25
17
17
17
AIA
Rear
Principal
20
20
25 /CCCL
20
20
Interior/
Beach
Minor Acc.
15
15
15 /CCCL
15
15
AlA
Principal
30
50
50
Regardless of
N/A
N/A
Minor Acc.
25
30
30
Address
Water
Principal
50
30
30
30
Connected to
N/A
Minor Acc.
20
20
20
20
ICWW
` CCCL refers to the Coastal Construction Control Line established in 1978.
" Refer also to section 70- 75(i).
(b) Special setback requirements.
(1) Effective lot area. All setbacks shall be measured from the lot lines established under the effective
lot area definition.
(2) Driveways. A five -foot minimum setback is required except for the driveway apron.
(3) Patios and decks up to eight inches higher than highest abuttinggrade. The setback is a minimum
of three feet from all property lines.
(4) Walls and fences adjacent to streets. No setback is required provided the wall or fence is located
on the property (not on the right -of -way) and at least five feet from the edge of the pavement.
Walls and fences in the Ocean West District shall be a minimum of 12 feet from the AIA
right -of -way line. At street corners, a visibility triangle shall be provided for a minimum distance
of ten feet in both directions from the intersecting point of property lines. No wall or fence shall
be located in the visibility triangle.
(5) Walls and fences not adjacent to streets. No setback is required.
(Ord. No. 00 -1, §§ 26, 29, 30, 3- 10 -00)
Sec. 70 -75. Special exception setbacks.
(a) Mechanical equipment on lots less than 20,000 square feet.
(1) Minimum setback. The minimum setback for side (interior) is ten feet.
(2) Specific standards for review.
a. Conforming locations for proposed equipment are impractical, significantly more expensive
or have a significant adverse impact on the site plan in terms of the overall site design or
relationships between site plan elements including, but not limited to, structures, patios,
driveways and landscaping.
CD70:33
CGULF STREAM DESIGN MANUAL 4 70 -105
Sec. 70 -105. Garages and accessory buildings.
Garages, storage sheds, decks, and other ancillary structures are elements which should be integrated
with the principal building. Garages, and ancillary structures can have a negative impact on neighbors.
An inconsiderately placed or poorly designed structure can visually and functionally negate an otherwise
attractive residential area.
(1) Preferred.
Garages and ancillary structures designed to respect the views from neighboring lots
Garages and ancillary structures integrated with the architectural style of the home
(2) Discouraged.
Screened enclosures visible from the street
(3) Prohibited.
All garages facing street on lots over 20,000 square feet not adequately screened or buffered from
roadways
Carports
Garage doors that dominate the front elevation
Metal storage sheds
Three -stall or larger garages on any lot not adequately screened or buffered from roadways
Two story screen enclosures
Typical Gulf Stream- Bermuda style garage on small lot. Color, material, and
roof consistent with principal building (preferred)
CD70:59
GULF STREAM DESIGN MANUAL § 70 -105
Sec. 70 -105. Garages and accessory buildings.
Garages, storage sheds, decks, and other ancillary structures are elements which should be integrated
with the principal building. Garages, and ancillary structures can have a negative impact on neighbors.
An inconsiderately placed or poorly designed structure can visually and functionally negate an otherwise
attractive residential area.
(1) Preferred.
Garages and ancillary structures designed to respect the views from neighboring lots
Garages and ancillary structures integrated with the architectural style of the home
(2) Discouraged.
Screened enclosures visible from the street
(3) Prohibited.
All garages facing street on lots over 20,000 square feet not adequately screened or buffered from
roadways
Carports
Garage doors that dominate the front elevation
Metal storage sheds
Three -stall or larger garages on any lot not adequately screened or buffered from roadways
Two story screen enclosures
Typical Gulf Stream- Bermuda style garage on small lot. Color, material, and
roof consistent with principal building (preferred)
CD70:59
TOWN OF GULF STREAM
ARCHITECTURAL REVIEW AND PLANNING REPORT
Application #: 011 -12 Owner: Constance Swift
Address: 2562 Ave. Su Soleil Agent: Quinn Miklos
Proposed Improvement: Construct an attached 2,548 SF guest addition and a 3
car garage to an existing one - story, single family Gulf
Stream Bermuda dwelling.
Approvals Requested:
Level III Architectural /Site Plan: To permit construction of an attached 2,548 SF guest
addition and a 3 car garage to the existing 7,409 SF,
one - story, single family Gulf Stream Bermuda
dwelling.
Gross Lot size: 39,984 SF (Unity of Title) Effective Lot Area: 39,984 SF
Proposed Total Floor Area: SF
Zoning District: RS -P
Architectural Style: G/S Bermuda
Issues Considered During Review:
Article IV. Drainage Regulations
Allowable: 10,596.8 SF
Height: 20.0' (roof height :5 20' Preferred)
Neighborhood: Mixed
Note: This application has not provided a drainage plan and the development size and scope
will require a new Health Department permit. Final approval from the Health Department may
require a revision to the site plan.
Section 70 -70 Floor area calculations
Section 70 -74 Setbacks
Section 70 -99 Roof design slope and materials
Section 70 -100 Roof and eave heights
Section 70 -239 Windows
Recommendation:
Motion to recommend approval Level III Architectural /Site Plan based on a finding that the
proposed attached 2,548 SF guest addition, and a 3 car garage to the 7,348.5 SF, one - story, single
family Gulf Stream Bermuda dwelling meet the minimum intent of the Design Manual and
applicable review standards with the following conditions:
1. Prior to a CC the existing shed shall be removed.
2. If the proposed site plan is altered because of the requirements of the Health
Department a revised site plan will require ARPB approval.
Architectural Review and Planning Board J'
ARPB File #011 -12
ARPB May 26, 2011; TC June 10, 2011 Page 2
ARPB Date: May 26, 2011
Action:
Level III Architectural /Site Plan: Recommended Approval with 3 conditions, the 2 conditions
listed above and number 3, proposed plans must be submitted to the Place Au Soleil HOA for
their review and consideration. (5 -0)
TC Date: June 10, 2011
Action:
Level III Architectural /Site Plan :Approved with 3 conditions: 1) Prior to a CO the existing
shed shall be removed. 2) If proposed site plan is altered because of requirements of the Health
Department, a revised site plan will require ARPB approval. 3) Builder will work with the
neighbors to protect their property from any damage during construction by placing stakes
along the property line to be removed after issuance of a CO. (4-0)
A,�hitectural Review and Planning Board
Regular Meeting and Public Hearing - May 26, 2011 Page 5
wings. Mr. Wietsma said it recesses back 20'6" and the second floor
elevation recesses back another 4 feet.
Smith asked if the wall will go entirely around the property. Mr.
hietsma said yes, it is a block wall that will be stucco and most of it
mill be in- filled with an aluminum railing. Mr. Frankel asked about the
copper boxes and Mr. Wietsma explained that they are collection boxes to
catch water from gushing into the courtyard. Mr. Thrasher asked if the
colors in the rendering are accurate and Mr. Wietsma confirmed that.
yr, Wietsma said the exterior color is Navajo White, the roof is white,
:fie shutters are a blue green, the front door is mahogany with white
.rim and the garage door is white.
yr. Frankel moved and Mr. Murphy seconded to recommend approval of a
demolition permit. There was no discussion. All voted AYE.
yr. Frankel moved and Mr. Murphy seconded to recommend approval of a
land clearing permit. There was no discussion. All voted AYE.
yr. Frankel moved and Mr. Murphy seconded to recommend approval of a
special Exception to allow 244 SF of covered, unenclosed area that
exceeds the maximum allowable FAR. There was no discussion. All voted
AYE.
Kr. Frankel moved and Mr. Murphy seconded to recommend approval of a
Level III Architectural /Site Plan based on a finding that the proposed
demolition of the existing structure and construction of a partial two -
story Gulf Stream Bermuda style single - family dwelling with 2 -car
sarage, consisting of 5,714.4 SF, and a swimming pool meet the minimum
:ntent of the Design Manual and applicable review standards with the
following conditions:
Prior to the issuance of a certificate of occupancy, the owner of
the property shall prepare and record a deed restriction which shall
provide that all roof projection and unenclosed covered areas shall
remain so for as long as the structure is in existence or exceeds the
aaximum permissible FAR.
1. Prior to a certificate of occupancy a Gulf Stream Driveway
8aintenance and Removal Agreement will be signed by the owner and will
rerecorded by the Town.
All exterior painting colors will conform to the Gulf Stream Code.
°• If not already, electric service lines shall be buried.
Placement of a generator shall meet the standards found in Noise
division III Noise Abatement and control for generators.
L• Placement of front wall shall be a minimum of 7.5' from the edge of
?avement .
ere was no discussion. All voted AYE.
3. An application submitted by Quinn Miklos, Miklos and
Associates P.A., as agent for Constance Swift, owner of
property located at 2562 Avenue Au Soleil, Gulf Stream,
Florida 33483, legally described as Lot 42 & 43 in
Place Au Soleil Subdivision, Gulf Stream, Florida.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of an attached 2,548 square foot guest
addition and 3 car garage to the existing 7,409 square
Gd;'
tectural Review and Planning Board
ar Meeting and Public Hearing - May 26, 2011 Page 6
foot, one - story, single family Gulf Stream Bermuda
dwelling.
QUinn Miklos of Miklos & Associates introduced himself and stated his
business address as 2263 NW Boca Raton Blvd., Boca Raton, Florida. He
Said he is the architect and husband of the home owner and has a vested
interest in this project. Mr. Miklos said there are two lots with a
Unity of Title and what they are proposing is a 2,548 SF guest addition
attached to the existing structure to include a 3 -car garage, two guest
bedrooms and a therapy room. He said it will be a continuation of the
architecture, with colors, windows and shutters matching the existing.
Kr. Miklos said the impact on their neighbors is very important to them
and they plan to maintain their very rich landscaping on the property,
except for one tree. He said there are very high and lush Fishtail
Palms on the property and they cannot see the neighbors. Mr. Miklos was
asked about the entry to the guest addition. He said access is from
outside with a path from the main portion of the house to an outer door
leading to a covered area and into the addition.
Chairman Ganger asked if they are impacted by noise from the FIND
project. Mr. Miklos said occasionally, but they are blocked up with
landscaping and they planted Sea Grapes back in that area. Mr. Thrasher
said that FIND did their landscaping prior to pumping sludge. Mr.
Murphy asked about the proposed floor area and Mr. Miklos said it is
9,957 SF. Vice - Chairman Morgan complimented Mr. Miklos on keeping with
:he architectural design and not building up. Mr. Murphy asked if there
lave been comments from the neighbors concerning and Mr. Miklos said
only positive comments. Mr. Thrasher said that prior to landscaping of
the vacant lot, there were many comments from neighbors who asked the
.own if they could do something. He said the homeowners voluntarily
Installed a new water meter, irrigated the vacant lot, grew grass and
.andscaped to a point where privacy is not an issue.
Mr. Thrasher recommended that a condition be added to have the Place Au
Soleil HOA review the plans for their consideration. Mr. Murphy moved
tad Mr. Frankel seconded to recommend approval of a Level III
Sichitectural /Site Plan based on a finding that the proposed attached
2548 SF guest addition, and a 3 -care garage to the 7,348.5 SF one -story
ogle- family Gulf Stream Bermuda dwelling meet the minimum intent of
the Design Manual and applicable review standards with the following
Conditions :
Prior to a CO the existing shed shall be removed.
2. If the proposed site plan is altered because of the requirements of
'he Health Department a revised site plan will require ARPB approval.
3. Proposed plans must be submitted.to the Place Au Soleil HOA for
their review and consideration.
hairman Ganger asked if there was an issue with the Health Department.
yr• Miklos said the Engineer is working on the septic tank matter, the
'Qrveyor is working on the drainage plan and there should not be a -
'oblem with the Health Department because, if they cannot connect to
e existing drainage, there is an abundance of land to work with and
-ney will submit a new plan. Clerk Taylor said they will not get a
Architectural Review and Planning Board
Regular Meeting and Public Hearing - May 26, 2011 Page 7
building permit if there is an issue and Mr. Thrasher said this matter
Was considered as a condition for approval. Mr. Miklos said he is in
agreement with all recommendations. There was no further discussion.
Ail voted AYE.
yiI. Items by Staff.
Mr. Thrasher said he had two items for discussion, the first being the
property at 3575 N. Ocean Blvd., which was the Ireland Estate. He said
the property is for sale with only the building pad and garage left in
existence. Mr. Thrasher said the recent approval process for this
project was not successful and, after lengthy discussions with the owner
and architect, they had three options to choose from. He said the first
option was removed by the Town Attorney and the other options were to
either challenge his administrative decision or apply for a variance,
and neither was acceptable to the owner.
Mr. Thrasher said the third option omitted by the Town Attorney concerns
the 75% Rule. He said Mr. Randolph felt that since the house was
totally demolished there was no value and no ability to compare the
addition value to slab value because it would not comply. Mr. Thrasher
said the applicant plans to sell the property as a vacant lot and will
come back to the ARPB for demolition of the garage and slab. He said
there will be conditions for stabilization of the soil set at that time.
Mr. Frankel said some work to rebuild had already begun. Mr. Thrasher
=aid by the time a conclusion was reached, progression had taken place.
Mr. Smith said he believed the approval was for renovation and asked why
:t was totally down. Mr. Thrasher said staff was told that the walls
fell during demolition. He said in order to rebuild they would have to
conform to the Code and all of the setbacks and the original structure
gas non - conforming so the slab must go.
Mr. Thrasher said anytime you see a special exception which entails
adding on to an existing structure, we must require a demolition plan be
submitted with data stating that the walls will remain. If the ARPB
does not see a demolition plan the applicant must come back. He said
ode Section 70- 107(5) says additions and /or rehabilitation projects
W hich exceed 75% of the fair market value of the existing structure
shall be considered to be new structures and shall be subject to the
standards found in this chapter. Mr. Thrasher said there have been a
couple of approvals that have been brought back because the demolition
Plan was first observed from the permit application. Clerk Taylor said
the demolition plan must be seen at the time of ARPB application review
Because in some cases it is too late when they are applying for a
Permit. Mr. Thrasher said he does not feel comfortable reviewing a
demolition plan at the time of permit application to determine a 75%
rule and has enlisted the assistance of the City of Delray Beach in
Previous cases for approval. He said Code Section 66.131(7) talks about
destruction through acts of God and fire, in which case it would be 50%
destruction by those forces.
Mr.. Thrasher said, in seeking assistance and having conversations, a
written document was provided by Urban Design Kilday Studios suggesting
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n e x t d o o r . M r . W i e t s m a s a i d i t i s d i f f e r e n t w h e r e i n t h e y c h a n g e d t h e 2 n d
f l o o r f a g a d e , t h e r e i s a r e c e s s e d p a t i o , t h e c e n t e r o f t h e h o m e i s
r e c e s s e d b a c k f r o m t h e g a r a g e a n d t h e r o o f m i t i g a t e s t h e i s s u e o f a l l
r o o f s b l e n d i n g i n . C o m m i s s i o n e r W h e e l e r o b s e r v e d f r o m t h e r e n d e r i n g
t h a t t h e f r o n t r o o f l i n e o n t h e l e f t s i d e i s s h o r t e r t h a n t h e r i g h t a n d
a s k e d M r . W i e t s m a t o e x p l a i n . M r . W i e t s m a s a i d h e w a n t e d t o b r e a k i t u p
t o g i v e i t a m o r e n a t u r a l l o o k a n d i f h e a d d e d m o r e h e i g h t h e w o u l d b e
o v e r t h e F A R .
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t h e D e m o l i t i o n P e r m i t . T h e r e w a s n o d i s c u s s i o n . A l l v o t e d A Y E .
C o m m i s s i o n e r W h e e l e r m o v e d a n d C o m m i s s i o n e r A n d e r s o n s e c o n d e d t o a p p r o v e
t h e L a n d C l e a r i n g P e r m i t . T h e r e w a s n o d i s c u s s i o n . A l l v o t e d A Y E .
C o m m i s s i o n e r W h e e l e r m o v e d a n d C o m m i s s i o n e r A n d e r s o n s e c o n d e d t o a p p r o v e
t h e S p e c i a l E x c e p t i o n t o a l l o w 2 4 4 S F o f c o v e r e d , u n e n c l o s e d a r e a t h a t
e x c e e d s t h e m a x i m u m a l l o w a b l e F A R . T h e r e w a s n o d i s c u s s i o n . A l l v o t e d
A Y E . C o m m i s s i o n e r W h e e l e r m o v e d a n d C o m m i s s i o n e r A n d e r s o n s e c o n d e d t o
a p p r o v e t h e L e v e l I I I A r c h i t e c t u r a l / S i t e P l a n b a s e d o n a f i n d i n g t h a t
t h e p r o p o s e d d e m o l i t i o n o f t h e e x i s t i n g s t r u c t u r e a n d c o n s t r u c t i o n o f a
p a r t i a l t w o - s t o r y G u l f S t r e a m B e r m u d a s t y l e s i n g l e f a m i l y d w e l l i n g w i t h
a 2 - c a r e g a r a g e , c o n s i s t i n g o f 5 , 7 1 4 . 4 S F a n d a s w i m m i n g p o o l m e e t t h e
m i n i m u m i n t e n t o f t h e D e s i g n M a n u a l a n d a p p l i c a b l e r e v i e w s t a n d a r d s w i t h
t h e f o l l o w i n g c o n d i t i o n s :
1 . P r i o r t o t h e i s s u a n c e o f a c e r t i f i c a t e o f o c c u p a n c y , t h e o w n e r o f
t h e p r o p e r t y s h a l l p r e p a r e a n d r e c o r d a d e e d r e s t r i c t i o n w h i c h s h a l l
p r o v i d e t h a t a l l r o o f p r o j e c t i o n a n d u n e n c l o s e d c o v e r e d a r e a s s h a l l
r e m a i n s o f o r a s l o n g a s t h e s t r u c t u r e i s i n e x i s t e n c e o r e x c e e d s t h e
m a x i m u m p e r m i s s i b l e F A R .
2 . P r i o r t o a c e r t i f i c a t e o f o c c u p a n c y a G u l f S t r e a m D r i v e w a y a n d
R e m o v a l A g r e e m e n t w i l l b e s i g n e d b y t h e o w n e r a n d w i l l b e r e c o r d e d b y
t h e T o w n .
3 . A l l e x t e r i o r p a i n t i n g c o l o r s w i l l c o n f o r m t o t h e G u l f S t r e a m c o d e .
4 . I f n o t a l r e a d y , e l e c t r i c s e r v i c e l i n e s s h a l l b e b u r i e d .
5 . P l a c e m e n t o f a g e n e r a t o r s h a l l m e e t t h e s t a n d a r d s f o u n d i n N o i s e
D i v i s i o n I I I N o i s e A b a t e m e n t a n d c o n t r o l f o r g e n e r a t o r s .
6 . P l a c e m e n t o f f r o n t w a l l s h a l l b e a m i n i m u m o f 7 . 5 '