HomeMy Public PortalAboutTown's Exhibits - Part 21
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did everything by the book. My client is no
different. What he has offered to do is what the
code provides; no more, no less. So, why should
he be held to a higher standard than the town
itself, regarding this code?
I think I'm pretty much open to take any
questions. I do have a chronology we can go
through to explain in more detail how this
goalpost has shifted, but I'm here to really take
any questions the commission might have as to my
client's position. Or we can have even some
answers on the Record as to our questions.
MR. RANDOLPH: Before we go forward, Mr.
Mayor, it is my understanding, though, that your
client, regardless of the answers to the questions
that you raised at the beginning, has made the
determination that he will not allow the
engineer's certification to be tested by the town;
isn't that correct? You have already advised us
of that fact.
MR. RADER: Yes, it's because of this
changing goalpost --
MR. RANDOLPH: So, the --
MR. RADER: -- and these unanswered
questions.
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MR. RANDOLPH: So, the answers to those
questions are really irrelevant in regard to your
client's decide because he has already made that
decision.
MR. RADER: We never had any answers to those
questions. It was not evident at the last
hearing. If we had the answers to those
questions, it would really help, go a long way to
be able to sit down with my client --
MR. RANDOLPH: Did you ask those questions at
the last hearing?
MR. RADER: No, these are questions that have
arisen. Well, basically, you and I had some
discussions after that last hearing where we put
forth the question about the liability issue.
That is the biggest issue.
MR. RANDOLPH: Right. But I mean you're
raising questions today that have not been raised
in front of this commission before, yet your
client has already made the decision that he does
not with the town to come in and test the accuracy
of your engineer?
MR. RADER: Without the answers to these
questions, no, he is not.
MR. RANDOLPH: How long? We have had since
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the last meeting to have asked those questions and
have them answered; and yet, your client has,
without the answers, has still made the decision
not to allow the town to test the accuracy of the
report.
MR. RADER: Because we are coming to a
hearing today to answer why my client will not
allow the town to come in and verify my client's
engineer's certification.
We have asked many times, I think four or
five times, at the last hearing. The issue was
what we appealed. We have appealed the decision
that a variance is required. We think Section
71.782 is quite clear; a variance is not required.
If the town wants to address the separate
issue as to the verification, verifying our
engineer's certification, that is a separate
issue. We appealed only the decision that a
variance is required, and that is what we are
still waiting for, and we have had other
conditions put on us which we are not willing to
accept.
MR. RANDOLPH: Let me just say, Mr. Mayor,
one more thing, and I don't want to dominate this,
but I just want to speak to the accuracy of at
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least one of these statements about what you did
at the last hearing.
I believe the town commission was very clear,
at the last hearing, that you are entitled to a
variance for a metal roof, subject to your meeting
the conditions of the code, and those conditions,
under the code, were to get an engineer's
certification that the structure would not support
a tile roof, which you did.
However, they have indicated, based upon
other information that was presented at the
hearing that cast some doubt on the engineer's
report, that it would be reasonable to allow the
town to just test the accuracy.
So, that is the issue and that is why they
decided that they could not make a determination
as to whether you needed a variance until they
learned what your client was willing to do in
regard to that particular matter. And that is
what is before this commission today.
Now that your client has refused to allow the
town to test the accuracy of your engineer's
report, the matter is still in front of the
commission as to whether or not you need a
variance.
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MR. RADER: Same as we asked last week, it is
basically the town is putting a requirement on us
that is outside the code, and we have asked to
keep this a separate issue. We wanted the town to
decide, is a variance required?
The town is putting, casting doubt on us for
reasons we don't know why. When asked, you said
the town has cause as to why, you say the town
suspects, if the town has reasons for why it
suspects our engineer's certification. I mean
some members of the commission said, well, his
roof has been on there for 35 years; why can't it
now still handle it? We brought evidence at the
last hearing that Broward County has a new code
that every multi -family building over 40 years has
to be re -inspected.
When you get to 35 years like this building,
you get to the point where materials start to
fatigue and are not able to support structures.
And you also have codes which are getting more
stringent. We put that into evidence at the last
hearing.
But we ask if you have some cause, we ask you
to give us that cause as to why you don't think
our engineer's certification is accurate.
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And the commission's motion was not -- we
know that some commissioner's said, well, if you
allow our engineer to do this, it's a done deal,
but that is not the motion that was made. The
motion says, "We will defer this and not make a
decision until you provide our engineer the
opportunity to verify your certification."
We feel that is adverse to the code. That is
not what the code says. The code is very clear.
We provided you with certification; we should be
able to apply and receive a metal roof. If you
wanted to add to that question the veracity of our
engineer's certification, that's another point and
it has to be made very clear. The town has
coupled the two together, and that is why my
client is refusing to allow the town to verify the
certification.
MR. RANDOLPH: Well, I think now is the
opportunity if the town has any questions that it
wishes to ask Mr. Rader in regard to this, they do
LYGlI
MAYOR KOCH: All I've got as a question is,
does your client, if he could, if the roof were to
hold the roofing that there is now, would he
prefer that over the metal roof, or does he
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really, really want to have the metal roof?
MR. RADER: I think we put that into the
Record last time. My client is not set on a metal
roof. We don't know -- it came from the
contractor. Mr. Thrasher said, well, he wants a
metal roof, now; he doesn't want a concrete and
tile.
My client would love to have a concrete and
tile roof, but the engineer's certification says,
no, it will not handle it. He would like either
shingle or shake. He is not set on a metal roof,
but shingle and shake are specifically, and
without exception, prohibited under the code.
At least a metal roof is a light roof, which
allows for an exception, which my client needs.
That is why he came in and asked for a metal roof.
VICE MAYOR ORTHWEIN: I think we just asked
if the engineer could go in, our engineer, because
all engineers are kind of like -- you know, all of
them have different reports. The house has held a
concrete roof for 35 years and maybe it is, you
know, deteriorated, but I don't think we can
accept just your engineer's report. All we wanted
was our engineer to go in there and verify your
engineer's report. That was all we asked.
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MR. RADER: Well, there, again, is something
-- I know that is all the town asked, but it is --
VICE MAYOR ORTHWEIN: And you have denied it
now.
MR. RADER: But it is a monumental shift
because the code says you will provide A and B.
Now, the town is saying, no, the code we are now
going to set on everybody else is you provide A,
you provide B, and you provide C.
Now, what happens if you --
MR. RANDOLPH: You know I just want to say I
don't think you're accurate. I think the code
simply indicates that you provide A, but that
doesn't mean that the town has to accept A without
question.
Your engineer's report, which should be made
a part of the Record, says, "To the best of my
knowledge, this structure will not support a tile
roof."
I think, on the basis of that, the town has
the right to -- I think Mr. Thrasher has some
questions that he would like to ask.
MR. RADER: Yes, sir?
MR. THRASHER: Mr. Rader, could you tell me
if your client has spoken to any other structural
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engineer in regards to the integrity of the roof
at 2520 Avenue Au Soleil?
MR. RADER: At this time, I don't know. I
really have knowledge whether he has or has not
received an opinion from another engineer.
MR. THRASHER: Do you have or do you have
knowledge of any supporting documentation to Mr.
Loom's December 14th engineering report?
MR. RADER: I do not have possession or have
seen any of that supporting information. I just
know that Mr. Loom had looked at supporting
information. I think he even inspected the site
and came up with this.
MR. THRASHER: May I read into the Record Mr.
Loom's engineering report, dated December 14,
2001, to Chris O'Hare, 2520 Avenue Au Soleil, Gulf
Stream, Florida 33482.
It is in regards to the O'Hare residence at
2520 Avenue Au Soleil, in Gulf Stream, Florida.
"Dear Mr. O'Hare, On December 13th, 2011, I
inspected the existing roof frame you have at the
referenced address.
The existing roof framing will not support
the design load of a concrete or clay tile roof.
The lightest roofing system possible is needed. I
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certify, to the best of my knowledge, belief, and
professional judgment that the referenced roof
framing will not support a tile roof.
If I can be of further service, please call.
Signed and sealed by Mr. T.E. Loom" Is that
correct?
MR. RADER: Correct.
MR. THRASHER: That is his report.
I have also provided to you a copy of a
revision form, City of Delray Beach. The Town of
Gulf Stream received this November 15th, 2011,
approximately 30 days prior to Mr. Loom's
certification.
And in that, the explanation of the revision
reads: "Customer wants to change to metal roof."
It does not refer to any need and requirement
because of the roof structure. I know you think
that is a moving target, but it does not refer to
it at that time.
And I would like to ask Rita, I'm not sure if
she has been sworn in, a question in regards to
this permit revision.
MR. RANDOLPH: Do you swear to tell the
truth, the whole truth, and nothing but the truth,
so help you God?
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MS. TAYLOR: I do.
MR. THRASHER: Ms. Taylor, could you tell me
what the conversation was with the contractor, the
roof contractor, I believe her name was Diana, in
regards to her providing you this form as a
revision to the already permitted concrete roof?
MS. TAYLOR: She said when she presented it,
that the owner had decided that he wanted to have
a metal roof and the revision was for the previous
application that had been submitted, several
months ago, I think, for the concrete tile roof.
MR. THRASHER: And to your knowledge, was a
concrete tile roof permitted by the Town of Gulf
Stream?
MS. TAYLOR: It was permitted. It was
permitted by the city -- or the building
department in Delray Beach, and she did go on to
say she was wondering why they hadn't been told to
go ahead and lay the tile because the underlay had
been on for some time, and that's when they
received the revision form to go to metal.
MR. THRASHER: Thank you. One final
question, Mr. Rader.
Is it correct to say that your client became
aware of the existing roof condition as a result
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of Mr. Loom's technical report?
MR. RADER: No.
MR. THRASHER: No?
MR. RADER: It is quite evident you are
asking questions probably proffered by your
attorneys. Let me answer --
MR. THRASHER: Excuse me.
MR. RADER: Let me answer the question my
way.
MR. THRASHER: That is not an assumption that
is correct.
MR. RADER: Excuse me, you made assumptions,
too. You made an assumption that Diana was the
contractor. She is not the contractor. She is
their contact person.
The contractor, I think, who is of record is,
I can't even pronounce his name, Mr. Meroni (ph.)
and it is for ROOFCO. And she is not -- she is
the contact person, so what she says I think is
irrelevant.
You're bringing up referrals to timelines on
December 14th, and that's because I told Mr.
O'Hare you had better get something in writing.
He knew before the 11th that there was a problem.
He became concerned and contacted Mr. Loom. Mr.
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Loom gave him a verbal.
I said you had better, and after it was
rejected, I said I think you better go back and
get something in writing, which he did on December
15th.
We then approached the town in March saying
why can't we do this, and were told you can't do
it, period, because one code says it can't be
done. What part of the code? And as we found out
last month, that part of the code doesn't apply.
MR. RANDOLPH: Just a couple more questions.
Is your client here to allow us to --
MR. RADER: No, he is not.
MR. RANDOLPH: -- test the accuracy of the
statements that you are making on his behalf?
MR. RADER: No, he is not.
MR. RANDOLPH: Is the engineer here that did
this report?
MR. RADER: No, he is not.
MR. RANDOLPH: Did you proffer the engineer
at the last hearing, to allow the council to
question the engineer in regard to this report?
MR. RADER: I don't think we were asked to
bring the engineer at the last hearing, and no, we
did not.
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MR. RANDOLPH: No, you did not.
And despite the fact that the letter said,
"If I answer any other questions," the town has
not had an opportunity to ask or have these
questions answered by the engineer.
MR. RADER: The same thing would be to ask
why didn't, when we first approached the town on
February 15th, about putting on a metal roof, did
the town tell us metal roofs are not allowed,
period. Why weren't we told about the exception?
To be fair about this, you know you're saying
we should proffer. Well, the town should have
proffered and said, well, we normally don't
approve it, we haven't approved one, there are no
metal roofs in the city of Gulf Stream, which we
found out there may have been roofs in the city of
Gulf Stream but they have changed over, the town
used to have metal roofs.
But here, we should have been told, look,
there is a section of the code that allows you to
have them; why don't you go out and do this? We
were not told that. We had to discover that on
our own.
And before we discovered it, my client went
and got the engineer to put what he said in
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writing. That is why the date is December,
instead of the 11th of November.
MAYOR KOCH: All we want to find out is can
it support the roof or not, but we want to ask the
engineer to verify, for us to have a chance to
verify his conclusion.
If we don't get that, I don't think we can
move ahead with your request.
MR. DEVITT: You probably weren't told about
the exception to metal roofs because you had a
concrete roof that you were replacing. And again,
going back to the intent of the manual, one of our
major items was to prohibit metal roofs. Yes,
there was that special written provision in there
for those that had roofs that were existing, that
couldn't later support and it would have been an
undue hardship to try to have them restructure the
whole roof system to convert over to concrete and
tile.
MR. RADER: You're talking about two points,
here.
One is you're talking about the town being
able to put an upgrade on the condition of a home
without it being stated in the code that they can
do that. We found that kind of extraordinary, in
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the last hearing, Mr. Thrasher said, well, if
somebody comes in for a re -roof or substantial
construction change, they have to be brought up to
the new code. There is nothing in the code that
says that.
But yet, you were outlining what had
happened. You were on the committee and you said
it was there to allow people such as yourself who
want shake roofs --
MR. DEVITT: Yes.
MR. RADER: -- but could not support concrete
tile. If they were required to do so, we wondered
what would require you to do so because the town
clearly doesn't have the right to make you do it,
because we can't find it in the code.
But then, if it was just for people who had
shake and who had shingle, why didn't it say for
those who have shake and shingle and their roof
cannot support a concrete tile, because we are
going to force them to do that? We are not
talking about chump change, here. We are talking
about 20 -to $30,000 to re- engineer a structure on
a roof in order to handle concrete tile, if all it
has handled shake or shingle for 30 years.
But then, also, it seems only logical that
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roofs deteriorate over time. They cannot take the
same loads that they take over time. That's why
you see a lot, and the codes are changed to put
higher wind- load requirements on roofs. So, it
seemed perfectly logical that this was to apply to
anybody. It didn't say it was only meant for
people with shingle or shake. It is there across
all the categories.
MR. DEVITT: I agree that it is across the
categories, but again, you are coming from a
concrete tile roof and if you all feel confident
that the condition of the roof has deteriorated
such that it can no longer support it, it seems
like you would just let us go in there and confirm
your certification and move on.
MR. RADER: Well, that is a question I put to
your attorney, Mr. Randolph, last month, and the
question still stands. We brought it here
tonight. My clients -- could I safely, if they
came with an engineer, two engineers, eventually
sat there and said we think it could take concrete
tile, so you force him to put concrete tile.
Can you safely, without nightmares at night,
he would have his family in there, knowing that
one engineer told him no, it can't. And if so,
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and something happens, is the town taking
liability, because you're putting requirements not
in the code on my client, forcing him to do
something that is not required in the code.
Who accepts responsibility? I don't think
you are going to find an engineer -- excuse me, I
may be wrong, but I don't think you are going to
find an engineer, if he knows up front that he is
accepting liability for that, who is going to
offer you an opinion.
MR. RANDOLPH: I think, Mr. Mayor, unless
there is any other questions, that you should go
ahead and move on with consideration, and perhaps
ask, since this is a public hearing, see if there
are any other comments or questions from the
public.
MAYOR KOCH: Anybody want to comment on this?
It's very quiet.
MR. RADER: No matter --
MR. RANDOLPH: You know, this --
MR. RADER: No matter what the outcome is, I
just want to thank you for your hospitality. The
staff has been very responsive when I don't think
they needed to be.
MR. RANDOLPH: And Will and I have had
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several conversations in regard to this and he has
been very cordial, too.
I mean let's make the Record clear, so you
know we are not being evasive, and so that your
record can be clear.
I think your position is that you have
clearly met the exception as stated in the code,
that all it requires is a certification from an
engineer, and there is nothing in our code that
requires that to be verified.
In regard to your other question, if you want
it on the Record, yes, you are entitled to a metal
roof without a variance. To answer the question
that you had at the first hearing, you are
entitled to a metal roof without a variance, as
long as you meet the exception in the code, which
requires you to provide the engineer's
certification.
So, that sets the record straight. That sets
the question that may be before a subsequent
court, in the event you decide to appeal this by
cert.
I think the question before this commission
is, based upon those facts, do you consider a
variance to be required, still, on the basis of
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their refusing to allow the engineer's
certification to be tested.
And so, I think that is the issue before you.
And do you agree? I'm trying to frame your --
MR. RADER: In a roundabout way, I do.
If I could just pose two questions which I
think, if we could get answers to them directly,
would be helpful for everybody.
A clarification, first, on something you
said, Mr. Randolph, is that your engineer is
saying "To the best of his knowledge." That last
sentence in that letter, that is standard
engineering language for any certification that
they do. Every engineer, when he seals a set of
plans, it has that in the writing for the
certification.
And then, if the town is going to take the
position that, for whatever reason, we suspect,
because we don't think this is common practice to
call out and challenge certifications put on
surveys or other engineering or legal opinions.
If, for some reason, they are calling an exception
here today and saying we have doubt about, we
think it should be in the Record very specific as
to what cast that doubt, because we don't think it
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is just the age of the home, because we showed how
the age of the home actually works in the favor of
the roof needing to go with something lighter
because they deteriorate over time.
So, what is the real reason? Is it because
the town doesn't like metal roofs? It should be
on the Record as to what is the real reason as to
why the town is putting the extra requirement on.
MR. RANDOLPH: Clearly, it is not because the
town does not like metal roofs, because it
provides an exception in its code to allow for
metal roofs.
There is a record already before you, in the
last hearing, which set forth facts relating to
why they question the engineer's report. Based
upon previous conduct of your client and based
upon what has been put in the Record today, that
your client has previously stated, even before
getting an engineer's certification, that he
wanted a metal roof.
not --
MR. RADER: But --
MR. RANDOLPH: But I'm not going to -- let me
MR. RADER: The certification --
MR. RANDOLPH: Wait, stop for a minute.
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MR. RADER: Okay.
MR. RANDOLPH: I'm not going to speak for
this commission, in that regard. I was just
trying to clarify the issue before them, so that
you were satisfied and the commission as satisfied
as to what the specific issue is before them.
MR. RADER: If I could just clarify. Excuse
me, if I could just clarify. My client never said
he wants a metal roof.
It was written on an application by the
representative of the contractor, coming in. And
that's what -- they don't need to know all the
reasons why. If my client has talked to an
engineer, he doesn't have to tell the roofer,
look, go and ask for it because we meet the
exceptions of this section, which my client didn't
even know about.
MAYOR KOCH: We can debate this back and
forth.
MR. RADER: I will put on the Record that my
client didn't say that.
MAYOR KOCH: Counsel, thank you. We are
going to support --
VICE MAYOR ORTHWEIN: I am still standing by
what we told you last month. The same thing; you
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have another engineer. I think we have -- we have
a doubt. I mean you have had a concrete roof on
the house for 35 years. So, I think it is up to
us to doubt your engineer's report.
And all we ask is our engineer go in there
and I still stand by that.
MAYOR KOCH: Well, let's --
MR. DEVITT: I would like to add, quickly,
that when people do submit plans and
presentations, and if there is something in there
that we, in our review, find we might want to
question, we do question it, and we either --
VICE MAYOR ORTHWEIN: Yeah.
MR. DEVITT: -- bring it up, or we sent it
out. And so, we don't just take everything on its
face as it is presented, without any review or
reasonable backup or follow-through.
So, this is what this has come to,
unfortunately. It has come down to what the
definition "and engineer certification" is.
That's the part that we are wondering.
MR. RADER: Well, you have the report and
what we are not hearing is what specifically are
you objecting to the engineer's certification?
What specifically--
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VICE MAYOR ORTHWEIN: We just want our
engineer to go in there and --
MAYOR KOCH: And verify.
VICE MAYOR ORTHWEIN: -- and verify it.
That's it. And then, we can move on, here, okay?
I think it's time to move on.
MAYOR KOCH: I think we have debated this
long enough.
Do we have to have a motion or are we just --
MR. RANDOLPH: No, you will have to have a
motion. I think we just need to hear what your
motion would be.
Remember, the question is --
MR. DERING: I will make the motion again. I
mean we have spent a lot of time on this. It is
one simple issue and we all know it is. We
articulated it very well.
I will make a motion that we deny the metal
roof, and, if they wish to apply for a variance,
so be it, on the basis that we have not verified
the engineer's report and we have been refused to
be able to do that.
And by the way, I made the assumption we
would pay for our engineer to come do that.
MR. RANDOLPH: Oh, sure. Still, the question
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before you is whether or not you sustain the
opinion of the building official, that a variance
is necessary or not, and I assume, from what I
have heard today, that, in the event you were to
support the decision that a variance is needed for
a metal roof, that it is primarily for the reason
that the applicant has not satisfied that portion
of the code which provides an exception to allow a
metal roof, because he has not allowed you to
verify the engineer's report.
MR. DERING: Correct.
VICE MAYOR ORTHWEIN: Correct. I'll second
that.
MAYOR KOCH: All right. Roll call.
MS. TAYLOR: Commissioner Orthwein?
VICE MAYOR ORTHWEIN: Aye.
MS. TAYLOR: Commissioner Devitt?
MR. DEVITT: Aye.
MS. TAYLOR: Commissioner Anderson?
MS. ANDERSON: Aye.
MS. TAYLOR: Commissioner Dering?
MR. DERING: Yes.
MS. TAYLOR: Mayor Koch?
MAYOR KOCH: Aye. Okay, thank you.
MR. RADER: Thank you.
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(The proceedings were concluded at 9:30 a.m.)
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CERTIFICATE OF REPORTER
STATE OF FLORIDA
COUNTY OF BROWARD
I, Paul Lisanti, Court Reporter, certify that
I was authorized to and did report the foregoing
proceedings, and that the transcript is a true and
correct record of notes to the proceedings.
I further certify that I am not a relative,
employee, attorney, or counsel of any of the
parties, nor am I a relative or employee of any of
the parties' attorneys or counsel connected with
the action, nor am I financially interested in the
action.
Dated this 30th day of May 2012.
Paul Lisanti, Court Reporter.
Notary Public - State of Florida.
Commission No.: EE 64590.
Commission Expires: 3-6-2015
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official 3:13 33:2
Oh 32:25
okay 4:20 30:1
32:5 33:24
once 8:1
open 9:6
opinion 6:12
17:5 26:10
33:2
opinions 28:21
opportunity
14:7,19 22:4
order 24:23
Orthwein 1:15
2:3,4,21,23,24
15:17 16:3
30:24 31:13
32:1,4 33:12
33:15,16
outcome 26:21
outlining 24:6
outside 13:3
owner 3:9,18 4:3
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part 4:6,14
16:17 21:9,10
31:21
particular 12:19
parties 35:11,12
parts 7:3
Paul 35:5,18
pay 32:24
paying 5:10,14
people 24:8,16
25:7 31:9
perfectly 25:5
period 7:20 21:8
22:10
permit 18:22
permitted 19:6
19:13,15,16
person 20:15,19
ph 20:17
place 3:14
plans 28:15 31:9
please 7:24 18:4
point 13:18
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points 4:25,25
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portion 33:7
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position 4:8,10
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27:6 28:18
positions 8:24
possession 17:9
possible 17:25
practice 28:19
precedent 7:1
prefer 14:25
present 2:15
presentations
31:10
presented 12:11
19:7 31:16
pretty 9:6
previous 19:9
29:16
previously 29:18
primarily 33:6
prior 18:12
probably 20:5
23:9
problem 20:24
proceeding 4:14
proceedings 2:1
34:135:7,8
professional 7:7
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proffer 21:20
22:12
proffered 20:5
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prohibit 23:13
prohibited
15:13
pronounce
20:17
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public 26:14,16
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put 6:7,10 7:18
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25:3,16,22
28:20 29:17
30:20
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13:2,6 22:8
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19:23 20:2,4,8
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reads 18:15
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reasons 6:3 13:7
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relative 35:9,11
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replacing 23:11
report 3:20 11:5
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require 24:13
required 3:14
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13:5 24:12
26:4 27:25
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requires 27:8,10
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revision 18:10
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roof 3:14,25
5:24,24 6:5,7,8
6:11,17 7:18
7:24,25 8:21
12:5,9 13:12
14:11,23,25
15:1,4,6,9,11
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18:3,15,17
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24:18,23 25:11
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16:6,17 20:19
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seals 28:14
second 2:215:12
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simply 16:13
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specific 28:24
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spent 32:15
spoken 16:25
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stand 31:6
standard 9:4
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stands 25:18
start 13:18
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statements 12:1
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stop 29:25
straight 27:19
Stream 1:2,4,12
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17:19 18:11
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supporting 17:7
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survey 7:2,4
surveys 28:21
suspect28:18
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sustain 33:1
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times 11:10,11
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truth 18:24,24
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verbal 21:1
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week 13:1
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2011 17:20
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2012 1:9 4:16
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3-6-2015 35:20
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Tab 16
ORDINANCE NO. 12/4
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN'S CODE OF ORDINANCES, TO
CREATE SECTION 62-10, TO PROVIDE FOR REVIEW
CRITERIA FOR THE CREATION OF SUBDIVISIONS IN THE
TOWN, AT SECTION 66-1, DEFINITIONS, TO MODIFY THE
DEFINITION OF BASEMENT, AT SECTION 70-27, DISTRICT
DESCRIPTIONS, TO INCLUDE ADDITIONAL CRITERIA FOR
DISTRICT ELEMENTS, AT SECTION 70-70, FLOOR AREA
CALCULATION, TO REVISE CALCULATIONS FOR
BASEMENTS, AT SECTION 70-100, ROOF AND EAVE
HEIGHT, TO CLARIFY ENTRY FEATURE EAVE HEIGHTS, AT
SECTION 70-238, ROOFS, TO CLARIFY PERMITTED ROOF
TILE STYLES, AT SECTION 70-51, MINOR ACCESSORY
STRUCTURES, TO ALLOW WATERWALLS, AT SECTION 66-
367, SWIMMING POOLS, TO RESTRICT WATERFALL
HEIGHTS, AT SECTION 66-369, DOCKS, TO CLARIFY
PERMITTED BUILDING MATERIALS, AT SECTION 70-71,
FLOOR AREA RATIOS, TO ADD INCENTIVES FOR SECOND -
STORY SETBACKS, AT SECTION 70-73, SECOND FLOOR
AREA, TO MODIFY REQUIREMENTS FOR SECOND STORIES
FOR SINGLE FAMILY HOMES, AT SECTION 70-187, TABLE
OF DISTRICT STANDARDS, ROOFS, TO CLARIFY REVIEW
PROCEDURES FOR REQUESTED METAL ROOFS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM,
PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Code of Ordinances of the Town of Gulf Stream Is hereby
amended at Chapter 62, Subdivisions, to add a new Section 66-10, Criteria for
Subdivision Review, to read as follows:
Section 62-10. Criteria for Subdlvislon Review
Any person seeking to subdivide Property within the limits of the Town shall comply
with the following criteria The Architectural Review and Planning Board and Town
Commission shall assure compliance with these criteria in determining whether the
proposed subdivision is Permissible
A. Lots -to be created by the or000sed subdivision shall be consistent with the
character of lots and parcels immediate and adiacent to the Proposed
subdivision.
B. Proposed subdivisions shall protect the character of the Town by Incorporating
features that are compatible with and complementary to, the Preferred
elements and overall character of the neighborhood district in which they are
Located including but not limited to parcel size parcel shape access
topography, berms and buffers and landscaping and encourage the orderly and
aesthetic development of the Town.
C. Proposed subdivisionssh all not create any non -conforming structures or lots
without specific approval from the Town Commission
D. Proposed subdivisions shall Protect and conserve thevalue of land buildings
and improvements, and minimize conflicts among uses of land and buildings
E. Applicants for Proposed subdivisions shall ensure the adequate and efficient
provision of public facilities such as transportation potable water supply,
_wastewater collection and treatment, drainage, surface water management
solid waste, parks and recreation are available concurrent with impacts of
development.
F. Proposed subdivisions shall avoid traffic congestion on streetsand eliminate
conflicts between pedestrian and vehicular movements.
G. Streets and vehicular use easements shall Provide safe and efficient access for
municipal services, such as fire, police and solid waste removal As such dead-
end streets and easement ending in a "r or"W'turnaround shall not b
Permitted.
H. Proposed subdivisions shall establish reasonable standards of design and
Procedures for subdivisions and resubdivlsions In order to further the orderly
-layout and use of land and to ensure proper legal descriptions of subdivided
land.
I. Proposed subdivisions shall ensure that new development will be required to
bear its fair share of the cost of providing the Public facilities and services
needed at the time of development.
1. Proposed subdivisions shall Prevent the Pollution of air and water resources;
ensure the adequacy of surface water management facilities, safeguard the
groundwater resources: and encourage the conservation Protection and
management of natural resources.
K. Clear -cutting of parcels shall not be Permitted A landscaping plan shall be
Provided so as to assure the preservation of landscaping and screening to the
fullest extent Possible and to provide a mitigation plan for any landscaping which
is removed.
Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 66, Zoning, Article I, Section 66-1, Definitions, to read as follows
Section 66-1. Definitions.
Basement shall mean that portion of the building which Is below the finished floor
elevation of the building and is located within the footprint of the first floor. A
basement is not considered a story with regards to the height measurement of a
building, unless the ceiling of the basement is greater than three (3) feet above grade.
The sgeaFe feetage area of a basement completely under the first floor footprint and
having no outside entrance shall be included as 386%75%of the building's Floor Area
Ratio calculations. The area of a basement with an outside entrance shall be included as
100% of the building's Floor Area Ratio calculations Basements shall conform to all
setback regulations for structures. There shall be no entrances to such basement on the
street side and the exterior appearance of such basement shall conform to the general
architecture of the building.
Section 3. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article Il, Single -Family Districts,
Section 70-27, District Descriptions, to read as follows:
Sec 70-27. District descriptions.
(c) The character of each district, and the town as a whole, is further defined by
the design elements and features listed as "preferred" in other articles of the chapter.
From the surveys, these elements and features were found to represent the existing and
desired qualities that the town wishes to have reflected in new homes and renovations
of existing homes. While the use of specific preferred design elements is not mandated
for new homes or rehabilitation projects, proposed projects must incorporate design
features that are compatible with, and complimentary to, the preferred elements and
overall character of the district, including parcel size oarcel shape archhecture and
landscaping. Users of this chapter are therefore advised to closely study the character
descriptions in this article as well as all of the preferred elements found in other articles
prior to Initiating project designs. Section 70-298 and 70-299 also should be consulted
for a further description of existing development in the town and each district.
Section 4. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article IV, Site Development
Regulations, Section 70-70, Floor Area Calculation, to read as follows:
Section 70.70. Floor Area Calculation
(6) Areas in basements shall aeA be included as 75% when it is located
completely under the first Floor footprint and has no outside entrance Areas in
basements with an outside entrance shall be included as 100%
Section S. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article V, Areawide Standards,
Section 70100, Roof and Eave Height, to read as follows:
Section 70-111D. Roof and eave height
(a)
(4) Entry features are the front Portion of the structure which Provide door entrance
to the dwelling. The height of the entry feature is measured from the finish floor
elevation to the upper portion of any balcony railings Dutch gable or other such
elements. Entry features, if used, should provide a sense of arrival, yet should not
overpower them or the remainder of the structure. The scale and proportion of entry
features should be consistent with the rest of the structure, varying just enough to
provide a focal point to the front of the house.
(b) One story homes.
(1) Preferred.
Eave heights: From eight feet to ten feet six inches (fFem eight 12°'9,-
(2) Discouraged
Eave heights: Between ten feet six inches and 12 feet 4bel; •:_� 1=f&
es)
(3) Prohibited
Eave heights: less than eight feet or greater than 12 feet (^•^ - :aa -1.^, -feel
`.8FE 1t1j4"atWFai)
(c) Two-story homes.
(1) Preferred.
Eave heights::
Beachfront and Ocean West Districts — From eight feet to 12 feet for one-
story portions (ffem might ket to +4 f__
�r�sr
All other districts — From eight feet to ten feet six inches for one-story
portions (&8M =eight f_^.•_ 14 feet 4F
R.9--.=oto.r)
(2) Discouraged.
Eave heights:
Beachfront and Ocean West Districts — Between 12 and 14feet for one-
story portions th••t••-ppm 14 --a+=feat
All other districts — Between ten feet six inches and 12 feet six inches for
one-story portions (between !4 and 16
Section 6. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article VII, Predominant Revival
Style, Division 3, Gulf Stream -Bermuda Style, Section 70-238, Roofs, to read as follows:
Section 70.238. Roofs.
(a) Required. `"" ke flat •• -^a a - Flat, white thru and thru smooth un-
coatedtileandexcept that gray slate .late-styletilemaybepermittedon
homes that are predominately Georgian or British Colonial with Bermuda
influences. wbjert to Level 11 appFava4 Flat, gray thru and thru un -coated tile or
slate-Ilke the may be Permitted at the discretion of Architectural Review and
Planning Board and Town Commission through the Level III review Process
subiect to the Architectural Review and Planning Board and the Town
Commission making a determination that such alternatives are appropriate for
the neighborhood.
Section 7. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article III, Use Regulations, Section
70-51, Minor accessory structures, to read as follows:
Section 70.51. Minor accessory structures.
The following structures shall be considered as minor accessory structures in all
five single family zoning districts subject to specific setbacks established in this chapter.
Any structure which is larger or more intensive shall be subject to the same setbacks as
the principal structure.
(2) Permanent recreation facilities, including but not limited to:
In -ground swimming pools and spas, including waterfalls, which shall not to exceed four
feet in height.
Section 8. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 66, Zoning, Article VIII, Supplemental District Regulations, Division
2, Accessory Structures and Recreational Facilities, Section 66-367, Swimming Pools, to
read as follows:
Section 66-367. Swimming pools.
fil Waterfalls. minor accessory structures shall not exceed 4 feet in height as
measured from average finished grade of property.
W No grotto shall be Permitted within any zoning district A grotto shall be
considered an artificial structure or excavation made to look like a cave or cavern
Section 9. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 66, Zoning, Article VIII, Supplemental District Regulations, Division
2, Accessory Structures and Recreational Facilities, Section 66-369, Docks, to read as
follows:
Section 66-369. Docks.
(7) Materials and co/ors. Materials and colors of docks and ancillary structures shall
be considered as part of architectural review and planning board consideration and shall
be maintained as approved. All docks shall be made of wood. No concrete docks are
Permitted.
Section 10. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article IV, Site Development
Regulations, Section 70.71, Floor area ratios, to read as follows:
Section 70-71. Floor area ratios.
(c) Incentive Floor area ratio
1. For new structures in all districts FAR maybe Increased to 0.33 for first
20,000 square feet of lot area plus 25 for Portions above that if a minimum
ten 1101 That setback Is provided on any mufti -story Portion of the structure
The ten (10) foot setback Is In addition to the minimum reouired front
setback. The structure must conform to all applicable setbacks
2. For alterations to existing structures In all districts FAR maybe increased to
0.33 for first 20.000 square feet of lot area plus 25 for portions above that if
architectural features are added to the structure The features may take the
form of a Porch or balcony,
alcony but must be located on the front side of the
structure and must occupy a minimum of 150 SF
Section 11. The Code of Ordinances of the Town of Gulf Stream Is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article IV, She Development
Regulations, Section 70-73, Second floor areas, to read as follows:
Section 70-73. Sesaad-ilaer aFea. Two-story structures
La] 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:
jbI 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 5' setback in addition to ground level front
setback
• Front Porch (minimum g' depth)
Gulf Stream
Ocean
Beachfront
North/South
Place au
Core
West
Soleil
Maximum
.35.70 x first
1 x r4sE
�,w.-
79 .70 x first
.35.70 x
Second
Floor Area
floor area
fleeF-area
.70 x first
area
.70 x first
floor area
first floor
area
floor area
floor area
jbI 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 5' setback in addition to ground level front
setback
• Front Porch (minimum g' depth)
o Balcony (minimum 24 SF)
o Arcade
The Town Commission may waive this requirement within subsection (bl 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.
Section 12. The Code of Ordinances of the Town of Gulf Stream Is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article VI, District Standards,
Section 70-187, Table of district standards, to read as follows:
Sec.70-187. Table of district standards.
2. Roofs
' Certain metal roofs determined by the town to be appropriate to the
structure and to the neighborhood may be approved only in Instances of
re -roofing of existing structures based- epen sublect to receipt by the
town of an engineer's certification that the existing structure will not
support a tile roofz. said certification to aooend the engineer's studvfies)
and report(s) supporting said certification and subject further to an
engineer appointed by the town confirming said engineer's certification
Additionally, unpainted copper may be used either as a decorative accent
or on minor accessory structures.
Section 13. Severability.
If any provision of this Ordinance or the application thereof Is held invalid, such
Invalidity shall not affect the other provisions or applications of this Ordinance which
can be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 14. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 15. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Gulf Stream.
Section 16. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED In a regular, adjourned session on first reading this Bth
day of June 2012, and for a second and final reading on thisl3th day of
rt� 2012.
ATTEST:
/,?1
Clerk
Commissioner
Tab 17
561-777-01M
11.51.25a.m 07-10-1012 119
ORDINANCE NO. 12/4
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN'S CODE OF ORDINANCES, TO
CREATE SECTION 62.10, TO PROVIDE FOR REVIEW
CRITERIA FOR THE CREATION OF SUBDIVISIONS IN THE
TOWN, AT SECTION 66-1, DEFINITIONS, TO MODIFY THE
DEFINITION OF BASEMENT, AT SECTION 70-27, DISTRICT
DESCRIPTIONS, TO INCLUDE ADDITIONAL CRITERIA FOR
DISTRICT ELEMENTS, AT SECTION 70.70, FLOOR AREA
CALCULATION, TO REVISE CALCULATIONS FOR
BASEMENTS, AT SECTION 70.100, ROOF AND EAVE
HEIGHT, TO CLARIFY ENTRY FEATURE EAVE HEIGHTS, AT
SECTION 70-238, ROOFS, TO CLARIFY PERMITTED ROOF
TILE STYLES, AT SECTION 70.51, MINOR ACCESSORY
STRUCTURES, TO ALLOW WATERWALLS, AT SECTION 66.
367, SWIMMING POOLS, TO RESTRICT WATERFALL
HEIGHTS, AT SECTION 66.369, DOCKS, TO CLARIFY
PERMITTED BUILDING MATERIALS, AT SECTION 70.71,
FLOOR AREA RATIOS, TO ADD INCENTIVES FOR SECOND -
STORY SETBACKS, AT SECTION 70-73, SECOND FLOOR
AREA, TO MODIFY REQUIREMENTS FOR SECOND STORIES
FOR SINGLE FAMILY HOMES, AT SECTION 70-187, TABLE
OF DISTRICT STANDARDS, ROOFS, TO CLARIFY REVIEW
PROCEDURES FOR REQUESTED METAL ROOFS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM,
PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 62, Subdivisions, to add a new Section 66-10, Criteria for
Subdivision Review, to read as follows:
Section 62-10. Criteria for Subdivision Review
Any Denson seeking to subdlvide property within the limits of the Town shall comply
with the following criteria. The Architectural Review and Planning Board and Town
Commission shall assure compllance with these criteria In determining whether the
proposed subdivision is permissible.
A. Lots to be created by the proposed subdivislon shall be consistent with the
character of lots and parcels Immediate and adiacent to the proposed
subdivision.
B. Proposed subdivisions shall protect the character of the Town by incorporating
features that are compatible with and complementary to the preferred
elements and overall character of the neighborhood district In which they arc
boated Including, but not limited to parcel size parcel shape access
561-737-01® tin, I
11:52 a6 a.m 07-10-2012 2.9
topography, berms and buffers and landscaping and encourage the orderly and
aesthetic development of the Town
C. Proposed subdivisions shall not create any non:mnformina structures or lots
Without soeclfic aoProval from the Town Commission
D. Proposed subdivisions shall protect and conserve the value of land buildings
and Improvements and minimize conflicts among uses of land and buildings
E. Applicants for Proposed sgWMsions shall ensure the adeguate and efficient
Provision of public facilities such as transportation Potable water supply.
_wastewater collection and treatment drainage surface water management
solid waste. Parks and recreation, are available concurrent with impacts of
development.
F. Proposed subdivisions shall avoid traffic congestion on streets and eliminate
conflicts between Pedestrian and vehicular movements.
G. Streets and vehicular use easements shall provide safe and efficient access for
municipal services, such as fire, police and solid waste removal. As such dead-
end streets and easement ending In a "T' or 'Y' turnaround shall not be
permitted.
H. Proposed subdivisions shall establish reasonable standards of design and
procedures for subdivisions and resubdivisions In order to further the orderly
layout and use of land, and to ensure proper legal descriptions of subdivided
land.
I. Proposed subdivisions shall ensure that new development will be required to
bear Its fair share of the cost of providing the Public facilities and services
needed at the time of development.
J. Proposed subdivisions shall prevent the pollution of air and water resources;
ensure the adeguacv of surface water management facilities; safeguard the
groundwater resources; and encourage the conservation, protection and
management of natural resources.
K Clear -cutting of parcels shall not be permitted. A landscaping Plan shall be
provided so as to assure the preservation of landscaping and screening to the
fullest extent possible and to provide a mltlaation Plan for any landscapinit which
is removed.
Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 66, Zoning, Article I, Section 66-1, Definitions, to read as follows:
Section 66.1. Definitions.
easement shall mean that portion of the building which is below the finished floor
elevation of the building and Is located within the footprint of the first floor. A
basement Is not considered a story with regards to the height measurement of a
bullding, unless the ceiling of the basement Is greater than three (3) feet above grade.
The a@rate-fvetage aree of a basement completely under the first floor footprint and
having no outside entrance shall be Included as 100% 75% of the building's Floor Area
Ratio calculatlons.The area of a basement with an outside entrance shall be included as
5.1.711�140 1-1
100%o/ihe hu ldlR/L Fb A ^4' M- bLemMtttMY mrJprm fL aY
semis reµlatbm M MKLres. There pail be no enpumty dteh Euementon Iti
street We and Me Merlvr Nponreol sum W,anrm ptaY mrfvrm no Ne aenml
art,ltcmep of Me b,l Wnp,
X63. She Cade of Ordinenm of the Town of Gulf Strom Is hereby
emended a Cheplp 10, Guff Stream Drops Menzel, A It. SvpN•iamW Dh m,
Salon]o-7/, OIN12 Daviptlmn, M need a, fcW :
Seo 1621. Milo dmlptivne.
Icl the marat2p of ea0,dW= and tm tawn o ewhole, is fwiher,ter cl by
the deslSn elamarms end fe mm listed as-prefenW ` In oMw an klef of the &AMer.
From the aurryi, Mese alemedxsnd fe mum were bund M mominraihe ed" and
dalyd pm2de, Mp the town yddta to hoe raflmtad m new homa and renmplcnt
of eeioln2 horrai. WhYa the use of t,* dfk D,eWmd dmipt elements M mat mendrted
for naw honio or tshablllbtion pmje proposed projects mus•.Infwnume deep
feeMo Mat she ®npalible wlM, end rampllmeooryto, the Dnfwrsd e4mems and
owmll charmer of the dlt &, MOWMe nlW dee betel Mave. ar04K,Ie,M
teMmevbe Uon ofMh chaMw are Merlon sowed m rbrahi M* the nane<r
dexdptbm M Mk erode as well as aY of the imefemed elements found In othn e,tela
prior m bfttaYt2 Project deslp,s. Section 1LL292 end 16299 pw ahouid be onsuhed
bra furtha dammioo of edttM/ development In the toes pd eget dktdct.
56i_ll]-0189 line1 11:5912 a.m. 07-10-]01] 4l9
Section 4. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article IV, Site Development
Regulations, Section 70.70, Floor Area Calculation, to read as follows:
Section 70-70. Floor Area Calculation
(6j Areas in basements shall wet be Included as 7S% when it is located
completely under the first floor footprint and has no outside entrance Areas in
basements with an outside entrance shall be Included as 100%.
echo 5 The Code of Ordinances of the Town of Gulf Stream Is hereby
amended at Chapter 70, Gulf Stream Design Manuel, Article V, Areawide Standards,
Section 7D-100, Roof and Eave Height, to read as follows:
Section 70-100. Roof and eave height
(a)
(4) Entry features are the front portion of the structure which provide door entrance
to the dwelling. The height of the entry feature is measured from the finish ficor
elevation to the upper Portion of any balcony railings Dutch gable or other such
elements. Entry features, if used, should provide a sense of arrival, yet should not
overpower them or the remainder of the structure. The scale and proportion of entry
features should be consistent with the rest of the structure, varying just enough to
provide a focal point to the front of the house.
(b) One story homes.
(1) Preferred.
Eave heights: From eight feet to ten feet six inches
eA&FY kwuFAS)
(2) Discouraged
Eave heights: Between ten feet six inches and 12 feet (WtwaaA 11 and !4 fee
fop eRoy (481 -FOS)
(3) Prohibited
Eave heights: Less than eight feet or greater than 12 feet (gmawr than -34 -feet ,
fQF �RkFy 99�liwFaz)
W-737-0188 Unr T
(c) Two-story homes.
(1) preferred.
Eave heights::
12:00:0G o.m W-10-2012 5,9
Beachfront and Ocean West Districts- From eight feet to 12 feet for one-
story portions
All other districts- From eight feet to ten feet six inches for one-story
portions !4am eight feet in 14 4e! fOF 0MR.'fe-Ug—I
(2) Discouraged
Eave heights:
Beachfront and Ocean West Districts - Between 12 and 14 feet for one-
story portions (berwaan 14 and 16 40% 18F UMFy 140thd F06)
All other districts - Between ten feet six Inches and 12 feet six Inches for
one-story portions
Section 6. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article VII, Predaminant Revival
Style, Division 3, Gulf Stream -Bermuda Style, Section 7D-238, Roofs, to read as follows:
Section 70-238. Roofs.
(a) Required. Flat, white thru and thru, smooth, un-
coated the and egeept that gray slate aF Wse-ssyie file may be perrnitted an
homes that are predominately Georgian or British Colonial with Bermuda
Influences, Flat, gray thru and thru, un -coated file or
slate4ike tile may be permitted at the discretion of Architectural Review and
Planning Board and Town Commission through the Level III review process,
sublect to the Architectural Review and Planning Board and the Town
Commission making a determination that such alternatives am appropriate for
the neighborhood.
Section 7. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article III, Use Regulations, Section
70-51, Minor accessory structures, to read as follows:
SSI -737 -GIN llnel
12:00.5ap.m. m-10-7012 bis
Section 70.51. Minor accessory structures.
The following structures shall be considered as minor accessory structures in all
five single family zoning districts subject to specific setbacks established In this chapter.
Any structure which Is largeror more intensive shall be subject to the same setbacks as
the principal structure.
(2) Permanent recreation facilities, including but not limited to:
In -ground swimming pools and spas, Including waterfalls, which shall not to exceed four
feet in height.
Section S. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 66, Zoning, Article VIII, Supplemental District Regulations, Division
2, Accessory Structures and Recreational Facilities, Section 66-367, Swimming Pools, to
read as follows:
Section 66-367. Swimming pools.
ill Waterfalls, minor accessory structures, shall not exceed 4 feet in height as
measured from average finished arade of property.
lkl No grotto shall be Permitted within any zoning district A grotto shall be
considered an artificial structure or excavation made to look like a cave or cavern.
Section 9. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 66, Zoning, Article VIII, Supplemental District Regulations, Division
2, Accessory Structures and Recreational Facilities, Section 66-369, Docks, to read as
follows:
Section 66-369. Docks.
(7) Materials and colors. Materials and colors of docks and ancillary structures shall
be considered as part of architectural review and planning board consideration and shall
be maintained as approved. All docks shall be made of wood. No concrete docks are
permitted.
Ssctlon 10. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article IV, Site Development
Regulations, Section 70-71, Floor area ratios, to read as follows:
S61-737-0168 and
Section 70.71. Floor arm ratios.
(c) Incentive floor area mtio
12:01:52 p.m. 07-10-2012 lis
1. For new structures In all districts. FAR may be increased to 0.33 for first
20.000 souare feet of lot area plus 25 for Portions above that if a minimum
ten (10) foot setback Is Provided on any multi -story Portion of the structure
The ten 1101 foot setback is In addition to the minimum rep fired front
setback. The structure must conform to all applicable setbacks.
. Y
1 ,.I
!
YY XZy
s..r 7c'+zr 1
2. For alterations to existing structures in all districts, FAR may be Increased to
0.33 for first 20.000 square feet of lot area plus .25 for Portions above that if
architectural features are added to the structure. The features may take the
form of a porch or balcony, but must be located on the front side of the
structure and must occupy a minimum of 1505F.
Section 11. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Gulf Stream Deslgn Manual, Article IV, Site Development
Regulations, Section 7673, Second floor areas, to read as follows:
Section 70-73. iewndNew -P-- Two-story structures
fel In orderto limit the construction of bulkier homes with full second stories In
districts with small to medium lot sizes, the following restrictions shall be used:
Lb] The use of architectural design features to provide variation among two-story
single family homes is required. One or more of the followinitfrinures shall be
Incorporated within facades facing Public or onvam roadways an any new two-
story, single family home In all zoning districts.
• Second -story setback (minimum 5' setback, in addition to ground level front
setback
• Front Porch (minimum g' depth)
Gulf Stream
Ocean
beachfront
North/South
Place au
Core
West
I
Soleil
Maximum
.3(..70 x fust
4-tc4"
1 o fifin flea
46 .70 x first
.7&.7a x
Second
floor area
flooraFaa
arca
floor area
first floor
Floor Area
.70 xfirst
.7D x first
area
floor area
floorarea
Lb] The use of architectural design features to provide variation among two-story
single family homes is required. One or more of the followinitfrinures shall be
Incorporated within facades facing Public or onvam roadways an any new two-
story, single family home In all zoning districts.
• Second -story setback (minimum 5' setback, in addition to ground level front
setback
• Front Porch (minimum g' depth)
5a� .J3J-Olga U" 1
11 0!:11 p.m. pr -10-1[11 8i9
galconv(minimum 24SF)
• Arcade
The Town Commission may waive this reouirement within sub eotion fb) lithe
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.
Section 12. The Code of Ordinances of the Town of Gulf Stream Is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article VI, District Standards,
Section 70187, Table of district standards, to read as follows:
Sec.70-187. Table of district standards,
2. Roofs
i Certain metal roofs determined by the town to be appropriate to the
structure and to the neighborhood may be approved only in instances of
reroofing of existing structures Bas"-upeR subiect to receipt by the
town of an engineer's certification that the existing structure will not
support a the roof, said certification to append the engineer's study(les)
and report(s) supporting said certification and subiect further to an
enxi_mer appointed by the town confirming said engineer's certification.
Additionally, unpainted copper may be used either as a decorative accent
or on minor accessory structures.
Section 13, Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which
can be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 14. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 15. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Gulf Stream.
Section 16. Effective Date.
561-737-01® U'.I '7:0e:06 p.m 07-10-7017 9,9
This Ordinance shall take effect Immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session on first reading this S?;
day of June 2012, and for a second and final reading on th1513th day of
.7,13. .2012.
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
Clerk
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FL E ID -
APPELLATE DIVISION (CIVIL): AY
CASE NO: 2014 -CA -007327
CHRISTOPHER'F: O'HARE,
Petitioner,
V.
TOWN OF GULF STREAM,
Respondent.
Opinion filed: iAK 212015
Petitioner for Writ of Certiorari from the Town of Gulf Stream.
For Petitioner: Nick Taylor, Esq.
The O'Boyle Law Firm
1286 West Newport Center Drive
Deerfield Beach, Florida 33442
ntavlore,obovlelawfirm.com
Louis L. Roeder, Esq.
7414 Sparkling Lake Road
Orlando, Florida 32819
I_ou(i�louroeder.com
Vor Respondent: Kelly A. Gardner, Esq.
Jones Foster Johnston & Stubbs, P.A.
505 South Flagler Drive, Suite 1100
West Palm Beach, Florida 33401
kgardner(a),ionesfoster
IQgtx418r7/3kTj1
BARKDULL, OFTEDAL, and GOODMAN, JJ. concur,
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CHRISTOPHER F. O'HARE,
Petitioner, Case No.: 2014CA007327
V.
TOWN OF GULF STREAM, L.T.: Gulf Stream Board of Adjustment
Respondent. Christopher O'Hare
SECOND AMENDED PETITION FOR WRIT OF CERTIORARI
Petition for Writ of Certiorari to the Circuit Court Pursuant to the Florida
Rules of Appellate Procedure 9.100 from the Decision of Town of Gulf
Stream Board of Adjustment held on May 9, 2014 and with a written
decision rendered on May 18, 2014 denying Petitioner's Application for an
Appeal of the Final Action of the Planning and Building Administrator, that
being the denial of a Building Permit Revision request to install an "energy
device based on renewable resources."
Attorneys for Petitioner
The O'Boyle Law Firm
1286 West Newport Centet Drive
Deerfield Beach, FL 33442
Tel: 954-834-2209
ntaylor@oboylelawfirm.com
SECOND AMENDED PETITION FOR WRIT OF CERTIORARI
The Petitioner, CHRISTOPHER F. O'HARE (O'Hare) respectfully petitions
this Court for a Writ of Certiorari to review the Decision of the Board of
Adjustment of the Town of Gulf Stream (the `Board"), denying Petitioner's
appeal of Gulf Stream's final action denying a Building Permit revision request to
build a "solar sandwich metal roof' — an energy device based on renewable
resources.
BASIS FOR INVOKING JURISDICTION
This Court has jurisdiction to issue a Writ of Certiorari pursuant to the Gulf
Stream Code of Ordinances, Section 66-174(10), under Rule 9.030(c)(3) of the
Florida Rules of Appellate Procedure, and § 164.03 (1), Fla. Stat.
STANDARD OF REVIEW
Where a party is entitled as a matter of right to seek review in the circuit
court from an administrative action, the circuit court must determine (1) whether
procedural due process was accorded; (2) whether the essential requirements of the
law have been observed; and (3) whether the administrative findings and judgment
are supported by competent substantial evidence. See City of Deerfield Beach v.
Vaillant, 419 So.2d 624 (Fla. 1982); Haines City Community Development v
Heggs, 658 So.2d 523 (Fla. 1995); Cherokee Crushed Stone Inc. v. City of
Mranzar, 421 So.2d 684 (Fla. 4s' DCA 1982). As set forth in further detail below,
all three elements are present in the instant matter.
First, the Board's affirmation of Town Manager Thrasher's executive denial
of O'Hare's permit application for a renewable energy roof system violated State
law. Under § 164.03 (1), Fla. Stat., the Florida State Legislature has expressly
preempted local ordinances that have the effect of prohibiting renewable energy
systems. Moreover, the Board recognized that Mr. O'Hare was applying for a
permit to install a "renewable energy device."
The Board, having the final interpretation of municipal ordinances,
interpreted two municipal metal roof ordinances in such manner that they both had
"the effect of prohibiting the installation of solar collectors ... or other energy
devise based on renewable resources" pursuant to § 164.03 (1), Fla. Stat. Therefore,
the Board ignored the essential requirements of law and did not base its decision
on substantial and competent evidence, as none was presented demonstrating that
Petitioner's "solar sandwich" roof system was not a device contemplated under
§ 164.03 (1), Fla. Stat.
Second, the neutrality of the quasi-judicial Board was compromised, thereby
offending Petitioner's right to Due Process under the Fourteenth Amendment as
Town Attorney John C. Randolph acted, personally and through his firm Jones
2
Foster, appeared as both advocates for the Town and as an advisor to the Board.
Such a dual role violated the Doctrine of Incompatibility and Due Process.
STATEMENT OF FACTS
1. Town Attorney John C. Randolph (A/K/A "Skip") is a partner of the West
Palm Beach law firm named Jones, Foster, Johnston & Stubbs, P.A ("Jones
Foster"). (A. 48).
2. On February 5, 2014, Petitioner O'Hare submitted a revision request for a
building permit to the City of Delray Beach, Florida. The requested was received
by the Town of Gulf Stream on February 6, 2014. (A. 1-4).
3. The revision request was for the installation of a "solar sandwich" roof
system, which is a composition of two renewable energy devices "sandwiched on
the top and bottom sides of a compatible metal roof covering. The "solar
sandwich" roof system consists of a photovoltaic film applied with adhesive to the
top surface of a compatible standing seam metal roof cladding, which in tum is
over a solar thermal collection system made of a network of waterlines. The solar
thermal collection system reduces the operating temperature of the photo voltaic
film by absorbing heat from the metal roof cladding and provides hot water to the
home. The photovoltaic fihn needs the metal roof covering as a structural
substrate and the thermal collection system needs the metal roof covering to lower
the operating temperature of the photovoltaic film. Simply put, the metal roof is
necessary to, and sandwiched between, two different renewable energy generating
resource devices. (A. 6-11).
4. On February 14, 2014, Gulf Stream advised O'Hare that the request was
denied because, they claimed. Gulf Stream's code expressly prohibits metal roofs
within the Town pursuant to Section 70-99 (3) and Section 70-187 of the Town
Code of Ordinances (the "Town Code"). (A. 5).
5. On March 12, 2014, Petitioner O'Hare submitted an Application for Appeal
of Final Action of Planning and Building Administrator to the Board of
Adjustment arguing that the Town of Gulf Stream's approval of O'Hare's revision
request is mandatory, due to preemption under Section(s) 163.04 F.S., 163.08 F.S.,
and 193.624 F.S. (A. 6-25).
6. On March 26, 2014, Thomas J. Baird, Esq. of the Jones Foster law fum, the
same law firm as the Town Attorney, John C. Randolph, sent a missive to Town
Manager Thrasher stating that he would be working on the Town's staff report
which he received from Town consultant Marty Minor. The report was designed
to support and advocate Town Manager Thrasher's position before the Board. Mr.
Baird also noted that he was in contact with Town Attorney Randolph who would
act as solicitor for the Board during Mr. O'Hare's proceeding. (A.48-50)
H
7. On March 31, 2014, Mr. Baird wrote to both Martin Mmor and Town
Manager Thrasher asking if they had received Mr. Baird's proposed staff report
which was intended to advocate the Town's position before the Board. (A.51-52)
8. A public hearing on the appeal was commenced on May 9, 2014. (A. 32)
9. During the quasi-judicial hearing, Town Attorney John C. Randolph asked
the commission if they wanted to hear testimony from Town consultant Martin
Minor and recommended that Town Manager Thrasher's report be moved into the
record. Mr. O'Hare's attorney Mark Hanna, Esq. objected, stating that Mr.
Randolph was acting as Town advocate and advisor. The objection was ignored.
(A. 35)
10. Town Attorney Randolph then recommended that the Board include in the
record evidence of a previous appeal Petitioner had pursued regarding a metal roof
- anon -solar -powered metal roof. (A.36-37).
11. Lou Roeder, attorney for Mr. O'Hare, objected, stating that the previous
appeal did not include any consideration of renewable energy devices and therefore
had nothing to do with the present appeal before the Board. The objection was
ignored. (A. 37).
12. Lou Roeder fiuther noted that the Town was violating its interlocal
agreement for building code review with the City of Delray Beach because that
agreement mandated that all building code review of permit applications be
performed by the City of Delray Beach; and that the Town was confined to only
review permit applications for compliance with the Town's zoning and design
regulations. (A.32).
13. After some discussion evidencing confusion amongst the Commissioners,
Mayor Morgan attempted to summarized the controversy before the Board as
follows:
The issue is whether or not this applicant could heat
water through an energy saving piece of equipment on
his roof in the Town of Gulf Stream.
And that testimony is, indeed, he could, but not by this
method because it conflicts with the code's prohibition
against roofs. That's it.
EW
14. Commissioner Stanley made a motion "to deny the applicant's appeal to
place a solar sandwich metal roof on his home in the Town of Gulf Stream
pursuant to the application before us." (A.44). Commissioner Stanley reasoned,
"that the Town of Gulf Stream under its local ordinances does allow for installation
of solar collectors, clothes lines and other energy devices based on renewable
resources" and that based on this the Town still had the authority to ban Mr.
O'Hare's requested metal roof. (A.44). Commissioner Stanley's statement implies
that since the Town allows some renewable energy devices, the Town can
therefore prohibit others that the Town finds incompatible with its zoning and
design ordinances.
15. On May 22, 2014 the Mr. O'Hare received a letter from Respondent —
postmarked May 20, 2014 —notifying him that the Board of Adjustment had
denied O'Hare's request on May 18, 2014, thus sustaining the opinion of the Town
Administrator. (A.26).
16. Petitioner's proposed "solar sandwich roof' system as a solar collector or
renewable energy device under §164.03(1), Fla. Stat. and the Town subsequently
determined that Section 70-99 (3) and Section 70-187 of the Town's Code does
indeed have the effect of prohibiting the installation of Petitioner's device. Such a
decision violates state law §164.03(1), Fla. Stat. and has resulted in a grievous
miscarriage of justice.
SLTAIl4I4,RY OF ARGUARNT
The Town of Gulf Stream's regulations do not ban metal roofs per their
town ordinance. Assuming arguendo that the Town of Gulf Stream is correct that
their local ordinances do in fact ban metal roofing, the ordinances are invalid as
they have the effect of banning power systems that require metal roofing. Section
164.03(1) clearly prohibits municipalities from preventing or hindering the use of
renewable energy devices. The Respondent has produced no evidence showing
7
that the "solar sandwich" roof system that the Petitioner seeks to install falls
outside of the legislature's definition of a renewable energy device.
Petitioner's right to Due Process was violated as attorneys for the
Respondent, specifically Mr. Thomas Baird, advocated and advise the neutral
board. Specifically, Mr. Baird prepared the staff report. During the May 9, 2014
Board hearing, Town Attorney Randolph, inter alia, sought to have the staff report
admitted into the record. A quasi-judicial body must be neutral in order to satisfy
Due Process. Based on the lack of neutrality of the Board, the Petitioner's Due
Process Rights were violated.
ARGUMENT
I. THE BOARD DEPARTED FROM THE ESSENTIAL REQUIREMENTS OF LAW
WHEN THEY DENIED PETITIONER'S PERMIT TO BUILD A RENEWABLE
RESOURCE DEVICE UNDER $164.03(1). FLA. STAT.
Petitioner does not dispute that the Board, despite clear evidence presented
at the hearing to the contrary, has determined with finality that Section 70-99(3)
and Section 70-187 of the Town Code prohibits metal roof systems that integrate
solar power. Rather, Petitioner argues that the Town's Code does not, in fact,
prohibit metal roofs; but that if the Board is of the opinion that they do, then those
ordinances are invalid and preempted because they have the effect of prohibiting
Petitioner from constructing a solar power system that happens to require a metal
roof.
The plain text of §164.03(1), Fla. Stat preempts the use of local ordinances
to prohibit the installation of solar energy devices:
Notwithstanding any provision of this Chapter or other
provision of general or special law, the adoption of an
ordinance by a governing body, as those defined in this
chapter, which prohibit or has the effect of prohibiting
the installation of solar collectors, clotheslines, or
other energy devices based on renewable sources is
expressly prohibited.
Thus it is clear that the Board departed from the essential requirements of
law when they interpreted Section 70-99 (3) and Section 70-187 of the Town Code
to preclude Petitioner's "solar sandwich roof' system: a renewable energy device
under §164.03(1), Fla. Stat.
Under § 164.03(1), Fla. Stat., municipalities may not use local ordinances to
prevent or thwart the use of certain renewable resource energy devices, mainly
solar power. If municipalities were allowed to regulate such devices, they could
effectively use their zoning power, under the banner of aesthetics, to preclude solar
power, thereby frustrating legislative intent to promote the efficient use of
property: the immediate case here.
Before this Court is a petition for first-tier certiorari review. "First-tier
certiorari review ... is not discretionary but rather is a matter of right and is akin in
many respects to a plenary appeal." Broward County v. G.B. V. International, Ltd-,
787 So. 2d 838 (Fla. 2001). While the metes and bounds of the "essential
N
requirements" prong of certiorari review are elusive, it is clear that the
performance of a preempted act departs from the essential requirement of law.
Sprint -Florid; Inc. a .Taber, 885 So. 2d286,293-94 (Fla. 2004)(Finding no
preemption thereby concluding that essential requirements of law were observed).
Here, the Board failed to respect the constitutional supremacy of the Florida
legislature, and departed from the "essential requirements of law" when they
disregarded the plain text of §164.03(1), Fla. Stat.
Although § 164.08 & § 193.624(1) Fla. Stat. define renewable energy, the
Town presented no evidence that Petitioner's "solar sandwich" roof system fell
outside of the protections of § 164.03, Fla. Stat.
A. RESPONDENT'S DENIAL OF PETITIONER'S PERMIT WAS NOT SUPPORTED BY
COMPETENT AND SUBSTANTIAL EVIDENCE
Although Respondent's failed to adhere to the essential requirements of law
at the Board's hearing, the Respondent failed to present any evidence that .
Petitioner's "solar sandwich" roof system was not an energy device contemplated
by § 164.03, Fla. Stat.
Under Florida law, "[w]here the findings and conclusions comport with the
essential requirements of law and are based on competent, substantial evidence,
[the court] will approve them. Sprint -Florida, Inc. v. Jaber, 885 So. 2d 286,290
(Fla. 2004)(internal citations omitted). Logically, decisions based on incompetent
or unsubstantial evidence will independently trigger remedies under first-tier
Ito]
certiorari review, regardless of whether the essential requirements of law were
observed.
Here, there was no evidence presented to the Board supporting the notion
that § 164.03 (1), Fla. Stat did not apply to Petitioner's permit because it was not
the type of device protected by state law. Moreover, no evidence was presented
that Section 70-99(3) and Section 70-187 of the Town Code did not have the effect
ofprohibitfngPetitioner's solar energy device. Therefore, Respondent's final
order must be vacated.
II. PETITIONER'S RIGHT TO DUE PROCESS WAS VIOLATED BECAUSE THE
TowN ATTORNEY AND ins FIRM ACTED IN BOTH ADVISORY AND
ADVERSARIAL, ROLES.
Petitioner's hearing before the Board was not in accordance with Due
Process because Town Attorney Randolph, attorney Thomas Baird, and their fine
Jones Foster, both advocated and advised the Board. Mr. Baird had significant
input on the Respondent's staff report: the written argument for the Respondent.
(A.48). The record also reflects that Mr. Baird was in communication with Mr.
Randolph the day after he notified Respondent's that he would be assisting them.
(A.48). Additionally during the hearing, Town Attorney Randolph asked the
commission if they wanted to hear from staff report author Marty Minor and
wanted to move the staff report into the record. (A.35) Finally, Town Attorney
Randolph suggested to the Town that an appeal Petitioner had sought in the past,
11
and having nothing to do with the issue at hand, be moved into the record. (A.37)
Mr. Randolph engaged in such behavior despite the fact the Mr. Randolph clearly
stated at the appeal that he was not appearing as a prosecutor in the matter. (A.36)
Under Florida law, a quasi-judicial body must be neutral in order to satisfy
Due Process. Cherry Commun. v. Deason, 652 So. 2d 803, 804 (Fla. 1995).
Additionally, Due Process (in an adversarial proceeding) requires that a
government attorney not act as both advocate and advisor. Id. at 805. Ultimately,
the U.S. Supreme Court has determined that the amount of process due depends
upon the nature of the private interest, the government interest, and the burden
upon the government in providing additional safeguards. Ham& v. Rumsfeld, 542
U.S. 507, 529 (2004).
In Cherry Consn:unications an attorney prosecuting a case before the Public
Service Commission also acted as an advisor during post -hearing deliberations.
The Florida Supreme Court found that the attorney's dual role could bias the
commission and thereby violated the due process rights of the non-government
litigant. Cherry Comrnun., 652, So. 2d at 805. Here we have similar situation,
albeit with a different flavor.
Petitioner's right to Due Process was violated first because a member of the
Town Attorney's law firm, Thomas Baird, prepared or "worked on" Respondent's
staff report: tantamount to writing Respondent's brief. Additionally, Mr. Baird
was in communication with Mr. Randolph concerning matters pertinent to
Respondent in this matter the day prior to working on the staff report. Moreover,
during the May 9, 2014 Board hearing, Town Attorney Randolph: (1) asked the
Board if they wanted to hear testimony from Marty Minor — a witness who was
adverse to Petitioner and who also had authored the Town's staff report with l4r.
Baird; (2) recommended that the staff report be admitted into the record; (3)
recommended that Mr. O'Hare's prior attempt to secure a non -solar -powered metal
roof be moved into the record; and (4) advised the Board during their deliberations.
Indeed, Town Attorney Randolph — together with Mr. Baird — crossed the line
between acting as a neutral advisor to the Board and acting as an advocate for the
Town; the Board was too susceptible to a loss of neutrality. This conflict, or
appearance thereof, was too apparent or great to pass muster under the Due Process
Clause's requirement that Petitioner receive a hearing before neutral tribunal.
CONCLUSION
The Petitioner is seeking a determination that in denying his right to apply
for a building permit to install a "solar sandwich" roof system with photo voltaic
film on a standing seam steel roof cladding over solar thermal collection network
at his residence, the Board exceeded its lawful authority, ignored express State
preemption, and violated Petitioner's property rights. Based on this determination,
Petitioner is requesting that this Court declare that the Town of Gulf Stream's
13
zoning cannot preclude the Plaintiff from installing a "solar sandwich" roof system
and order the Town of Gulf Stream to transfer approval to the City of Delray
Beach so that a building permit may be issued, allowing for the construction of a
"solar sandwich" roof system on O'Hare's residential structure.
Second, absent court directive to the Town of Gulf Stream to transmit
approval to the City of Delray Beach as a ministerial act pursuant to §164.03(1),
Fla. Stat., Petitioner requests that this Court vacate the Board's order and order a
rehearing before the Board in accordance with Due Process. Specifically, the
Court should order that the Town appoint a special master or special counsel who
is not associated with Jones Foster to advise the Board during rehearing. In
addition to any other relief the Court deems necessary to afford Petitioner Due
Process.
Third, Petitioner seeks reasonable attorney's fees and costs under
§164.03(1), Fla. Stat, and 42 U.S.C. §1983 & §1988 for violation of Petitioner's
14'' Amendment right to Due Process.
CERTMCATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Second
Amended Petition for Writ of Certiorari has been electronically filed with the Palm
Beach County Clerk of the Court using the E -Filing Portal System on August 22,
14
2014 and furnished via U.S. mail this 22nd day of August, 2014 to The Town of
Gulf Stream, 100 Sea Road, Gulf Stream, Florida 33483.
/s/Nick Taylor
Florida Bar No. 0051629
The O'Boyle Law Firm
1286 West Newport Center Drive
Deerfield Beach, Florida 33442
Telephone: (754)212-4201
Facsimile: (754) 212- 2444
CERTIFICATE OF COMPLIAME
I hereby certify that this Petition complies with the font margin requirement
under Florida Rule of Appellate Procedure 9.100.
/s/ Nick Taylor
Nick Taylor, Esquire
15
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CHRISTOPHER F. O'HARE,
Petitioner, Case No.: 2014CA007327
V.
TOWN OF GULF STREAM_ L.T.: Gulf Stream Board of Adjustment
Respondent. Christopher O'Hare
TAB I.
The Initial Permit
Al -A4
TAB H.
The Initial Denial
A5
TAB III.
Appeal to the Board
A6 -A25
TAB IV.
Final Written Action
A26 -A27
TAB V.
Inter -local Agreement
A28 -A31
TAB VI.
Board Transcript 519 hearing
A32 -A44
TAB VII.
Minor Email to Thrasher
A45
TAB VIII.
First Staff Report
A46 -A47
TAB 1X.
Baird email/staff report
A48 -A50
TAB X.
Final Staff Report
A51 -A52
TAB M.
Baird, Minor Emails
A53 -A55
P> RECEIVED 4
FEB 0 6 2014 nasntor0,
[[TV OF: HELRf�P 9EAtH.".-
Town of Gulfstrearn. FL u
1979
CITY OF DELRAY BEACH IW:
REVISION REQUEST /
Date: 21-5-114 Permit Number. l - 13 6066
Address Where Work is Being Done po include unit or bay number):
_ZSZti A-VAQL- AV SOQPI,
APPLICANTNAME 0-14457VMF RL_ a'HA-zr-- Phone: (566 350-7557
F= 27(-4?76-
ContactPerson: 5r14fti CellPhonem: (,.) rR41-p37r
ADDED CONSTRUCTION COST FOR THIS CHANGE: $3 7
ODD
EXPLAIN REVISION:. INS08- "SOIA2. SftIMMict-11r fcoF 5Xn-i-v1 D.F Ptbio YOL'rAIG
0 Lin c/J 5)1122166 1,;FRA Sill- Ff*r Gir}W& oJs/L 5o, -A2 71EF-QF7P1--
_MjjffAjff EEO
NOTE:. To avoid delay, the revision needs to be clear on the (2) drawings submitted. The Plan
Reviewers may need the job site plans.
I understand W7�� dccordance with the City of Delray Beach LDR 2421. The fee fora revision
is $75.00 foror each additional revised sheet For ADDED CONSTRUCTION COST, the
fee will be bat Fees.SIGNED:
OFFICE USE ONLY
ROUTING: FEES:OTHER FEES AS APPLICABLE:
PATH DEPT APPROVED BYIDATE: REVISION FEE: Paft:S
ADDED VALUE PERMIT FEE:
Public Bldgs. S
Schools $
Road S
Radon s
DPR S
OtherS
PLAN REVIEWER:
DATE TOTAL FEES DUE S
Rvsd ally
Al
Solar Sandwich Roof System
Photo Voltaic (PV) Film panels adhered to standing seam steel roof
panels applied over a channeled network of solar thermal collection
tubing.
M
Typical Section showing Schedule of Materials.:
PV Film on steel standing seam roof covering over solar thermal collector network.
WE
2 Views of partially completed -Solar Sandwich Roof System
Note:
• Exposed standing seem steel roof panels can be supplled•by manufacturer in any color required by Town
Cade.
• PVFilni panels are only available in dark blue.
• Owner's preference Is forsteel panels to match the color of PV Flim panelsas closely as possible to
produce a unified appearance
• System only functions when all elements are present. PV Film can ONLY beapplied to a standing seam
metal roof substrate.
A4
" : f l
From: Freda Defosse <fdefosse(cDculf-stream.om>
Date: Fri, Feb 14, 2014 at 10:56 AM
Subject: RE: vertical axis wind turbine application
To: Chris O'Hare<chrisohareculfstream(cDomail.com>
Dear Mr. O'Hare.
Your application for a permit for a solar sandwich roof system to be installed at 2520 Avenue Au
Soleil, submitted on February 5, 2014, has been denied because the Town's Code of
Ordinances expressly prohibits metal roofs within the Town within Section 70-99 (3) and Section
70-187. As such, metal roofs are not permitted under the Town's Code.
Freda DeFosse
Administrative Asslstant
Town of Gulf Stream
TOWN OF GULF STREAM EMAIL DISCLAIMER:
PLEASE NOTE: Florida has a very broad public records law. Most written
communication to or from local officials regarding town business is considered public
records and available to the public and media upon request. Your email communications
may therefore be subject to public disclosure.
A5
" : u i
APPLICATION FOR APPEAL OF FINAL ACTION OF PLANNING
& BUILDING ADMINISTRATOR
DateofApplicalion 3112/14 peC, $400.00
I. Projectinformathm
Owner Name OhrhstoPh�,rF.O'Hare
On'ral
Project Addresr. 2516 Avenue Au Soleil, Gulf Stream. Fl-
Project
LProject Property Legal Description: Lot 36, Place Au Soleil, PBC, FL
Project Description ns Reqursled (describe in detail) Revision request to
Permit No. 11-136068 to install a "solar -sandwich" metal roof (as
ALLOWED underSeclions 163.04 FS, 163.08 FS & 193.624 FS,
especially 163.04(1) - see copy of odglnal permit application and
relevant regulations attached).
II. sinal Action of Planning & Building Administrator Feb 14, 2014 denial of
our Feb 5, 2014 request to install a "solar -sandwich" metal roof (see
attached a -mall from Freda Defosse, Town of Gulf Stream, & a copy of
ourodginal permit application)
III. Renson for Aanenl Building Administrator's denial is contrary to Florida
Statutes 163.04, in that a solar -sandwich metal roof is "an energy de-
vice based on renewable resources," and should be approved.
IP. Standards to be Addressed by Applicant:
(l) Acted in.a manner inconsistent With the provisions of this Code or other
applicable local, state or Moral law:
Building Administrator's denial is contrary to Sections 163.04 FS,
163.06 FS & 193.624 FS (copies attacher).
A6
(2) Made erroneous findings of fact based an the evidence and testimony
placed beforo Ilio final review authority al a public (rearing;
NIA
(3) Failed to fully consider mitigating measures or revisions offered by the
applicant that would have brought the proposed project into compliance
wills the applicable regulations.
Failure to consider Section 163.04, FS (see copy oftelavant regu-
lations attached).
V. Please attach color mvatch, pictures or plans showing lite proposed
improvement.
See permit applicallon attached.
Public Hearing Date:
Action:
tmmaz
FipGuSM1.acp•F.=
Of0cinl Use Only
A7
t/,REGEQV=E"W
FEB Q fi 2014 t)rATT,fAD,
Town of Gulfstrearn. FL
MY OF HELHAY HER
103
CITY OF DELRAY BEACH
1 REVISION REQUEST
Dale: 2 - S — 114 Permit Number.
Address Where Work is Being Done (to include unit or bay number):
252.0 A-V AuUf- AV soL-L
APPLICANTNAME eNP 5Tff)F 2 p'HA•21✓ Phone: (5166 35o-751517
F= (+•) 27G-44•zt
Contact Person: sAlkf> Cell PhoneM (,) t O—P1q �y
"'ADDED CONSTRUCTION COST FOR THIS CHANGE: $ 7 a�70 '
EXPLAIN REVISION: INSI L 'I50DVL SAIMbOIC01+ P.asF 5x5Tfnn dF ftb-toya&TAlc
P11 -M oN 5-0UDlNtr 5EFryx Sym PWT ctr#AAlrllb o1A-;2. 50LAa 7yfi5-- tr—
GD Llv�7,rJ Ali�t:AJilO+/
rtoaflAlb 4` I'LUMBWC6 rr•6L3xr21 r- COP- to B.E PffzMI-ri=1' soxaTT�q
SJ �.OfJfRACf"c7Q5 `raj P,� .�IyIIN��1
NOTE:. To avoid delay, the revision needs to be clear on the (2) drawings submitted. The Plan
Reviewers may need the job site plans.
t understand a fee rh y b charged in accordance with the City of Delray Beach LDR 2.421. The fee fora revision
Is $75.00 far th�yfir k she and $1.00 for each additional revised sheet. For ADDED CONSTRUCTION COST, the
fee will be ha Ite uilding Permit Fees.
ROUTING:
PATH DEPT APPROVED BYIDATE
PLAN REVIEWER:
DATE:
OFFICE USE ONLY
FEES:
OTHER FEES AS APPLICABLE:
REVISION FEE
Padrs: S
5
Publlc Bldgs: S
Schools S
ADDED VALUE PERMIT FEE
Road
5
Radon S
OPR $
Other$
TOTAL FEES DUE S
Rvsd 6110
FW.-
Solar Sandwich Roof System
Photo Voltaic (PV) Film panels adhered to standing seam steel roof
panels applied over channeled network ofsolarthermal collection
'tubing.
Typical Section showing Schedule of Materials:
PV Film on steel standing seam roof covering over solar thermal ccIlectornetwork
P_9
2 Views of partially completed•SolarSandwich Roof System
Note:
• Exposed standing seem steel roof panels can be supplied by manufacturer In any color required by Town
Code.
• PVF1ni panels are only avatiabii in dark blue.
• Owner's preference Is for steel panels to match the color of PV flim panels as closely as possible to
Produce a unified appearance.
• System only functions when all elements are present PV Film can ONLY be applied to a standing seam
metal roof substrate.
All
r163s U4Sir En eriiy;8 evices: b a sed�'dh �rene'wa b le�resources:=
(1) Notwithstanding any provision of this chapter or other provision of general or special
law, the adoption of an ordinance by a governing body, as those terms are defined
in this chapter, which Prohibits or has the effect of prohibiting the installation of
solar collectors, clotheslines or other energy devices based on renewable
resources is expressly prohibited
(2) A deed restriction, covenant, declaration, or similar binding agreement may not
prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy
devices based on renewable resources from being installed on buildings erected on the lots
or parcels covered by the deed restriction, covenant, declaration, or binding agreement A
property owner may not be denied permission to install solar collectors or other energy
devices by any entity granted the power or right in any deed restriction, covenant,
declaration, or similar binding agreement to approve, forbid, control, or direct alteration of
property with respect to residential dwellings and within the boundaries of a condominium
unit. Such entity may determine the specific location where solar collectors may be installed
on the roof within an orientation to the south or within 450 east or west of due south if such
determination does not impair the effective operation of the solar collectors.
(3) In any litigation arising under the provisions of this section, the prevailing party shall
be entitled to costs and reasonable attorney's fees.
(4) The legislative intent in enacting these provisions Is to protect the public health, safety,
and welfare by encouraging the development and use of renewable resources in order to
conserve and protect the value of land, buildings, and resources by preventing the adoption
of measures which will have the ultimate effect, however unintended, of driving the costs of
owning and operating commercial or residential property beyond the capacity of private
owners to maintain. This section shall not apply to patio railings in condominiums,
cooperatives, or apartments.
Page 1 of 12
Al2
History.—s. 8, ch. 80-163; s. 1, ch. 92-89; s. 14, ch. 93-249; s. 1, ch. 2008-191; s. 3, ch.
2008-227.
163 08 ':SuPelemenia( authoc� for impcoverients toireal prop"e'c
(1)(a) In chapter 2008-227, Laws of Florida, the Legislature amended the energy goal of
the state comprehensive plan to provide, in part, that the state shall reduce its energy
requirements through enhanced conservation and efficiency measures in all end-use sectors
and reduce atmospheric carbon dioxide by promoting an increased use of renewable energy
resources. That act also declared it the public policy of the state to play a leading role in
developing and Instituting energy management programs that promote energy
conservation, energy security, and the reduction of greenhouse gases. In addition to
establishing policies to promote the use of renewable energy, the Legislature provided fora
schedule of increases in energy performance of buildings subject to the Florida Energy
Efficiency Code for Building Construction. In chapter 2008-191, Laws of Florida, the
Legislature adopted new energy conservation and greenhouse gas reduction comprehensive
planning requirements for local governments. In the 2008 general election, the voters of
this state approved a constitutional amendment authorizing the Legislature, by general law,
to prohibit consideration of any change or improvement made for the purpose of improving
a property's resistance to wind damage or the installation of a renewable energy source
device in the determination of the assessed value of residential real property.
(b) The Legislature finds that all energy -consuming -improved properties that are not using
energy conservation strategies contribute to the burden affecting all Improved property
resulting from fossil fuel energy production. Improved property that has been retrofitted
with energy-related qualifying improvements receives the special benefit of alleviating the
property's burden from energy consumption. All improved properties not protected from
wind damage by wind resistance qualifying improvements contribute to the burden affecting
all improved property resulting from potential wind damage. Improved property that has
been retrofitted with wind resistance qualifying improvements receives the special benefit of
Page 2 of 32
A13
reducing the property's burden from potential wind damage. Further, the installation and
operation of qualifying improvements not only benefit the affected properties for which the
improvements are made, but also assist in fulfilling the goals of the state's energy and
hurricane mitigation policies. In order to make qualifying improvements more affordable
and assist property owners who wish to undertake such improvements, the Legislature finds
that there is a compelling state interest in enabling property owners to voluntarily finance
such improvements with local government assistance.
(c) The Legislature determines that the actions authorized under this section, including,
but not limited to, the financing of qualifying improvements through the execution of
financing agreements and the related imposition of voluntary assessments are reasonable
and necessary to serve and achieve a compelling state interest and are necessary for the
prosperity and welfare of the state and Its property owners and inhabitants.
(2) As used in this section, the term.-
(a)
erm:(a) "Local government' means a county, a municipality, a dependent special district as
defined in s. 184.403, or a separate legal entity created pursuant to s. 163.01(7).
(b) "Qualifying improvement" Includes any:
1. Energy conservation and efficiency improvement, which is a measure to reduce
consumption through conservation or a more efficient use of electricity, natural gas,
propane, or other forms of energy on the property, Including, but not limited to, air sealing;
installation of insulation; installation of energy-efficient heating, cooling, or ventilation
systems; building modifications to increase the use of daylight; replacement of windows;
installation of energy controls or energy recovery systems; installation of electric vehicle
charging equipment; and installation of efficient lighting equipment
2. Renewable energy improvement, which is the installation of any system in which the
electrical, mechanical, or thermal energy is produced from a method that uses one or more
of the following fuels or energy sources: hydrogen, solar enemy, geothermal energy,
bioenergy, and wind energy,
Page 3 of 12
A-1 4
3. Wind resistance improvement, which includes, but is not limited to:
a. Improving the strength of the roof deck attachment;
b. Creating a secondary water barrier to prevent water intrusion;
c. Installing wind -resistant shingles;
d. Installing gable -end bracing;
e. Reinforcing roof -to -wall connections;
f. Installing storm shutters; or
g. Installing opening protections.
(3) A local government may levy non -ad valorem assessments to fund qualifying
improvements.
(4) Subject to local government ordinance or resolution, a property owner may apply to
the local government for funding to finance a qualifying improvement and enter into a
financing agreement with the local government. Costs incurred by the local government for
such purpose may be collected as a non -ad valorem assessment. A non -ad valorem
assessment shall be collected pursuant to s. 197.3632 and, notwithstanding s.
197.3632(8)(a), shall not be subject to discount for early payment. However, the notice and
adoption requirements of s. 197.3632(4) do not apply if this section is used and complied
with, and the intent resolution, publication of notice, and mailed notices to the property
appraiser, tax collector, and Department of Revenue required by s. 197.3632(3)(a) may be
provided on or before August 15 in conjunction with any non -ad valorem assessment
authorized by this section, if the property appraiser, tax collector, and local government
agree.
(5) Pursuant to this section or as otherwise provided by law or pursuant to a local
government's home rule power, a loyal government may enter into a partnership with one
or more local governments for the purpose of providing and financing qualifying
Improvements.
Page 4 of 12
A15
(6) A qualifying improvement program may be administered by a for-profit entity or a not-
for-profit organization on behalf of and at the discretion of the local government.
(7) A local government may incur debt for the purpose of providing such improvements,
payable from revenues received from the improved property, or any other available revenue
source authorized by law.
(8) A local government may enter into a financing agreement only with the record owner
of the affected property. Any financing agreement entered into pursuant to this section or a
summary memorandum of such agreement shall be recorded in the public records of the
county within which the property is located by the sponsoring unit of local government
within 5 days after execution of the agreement. The recorded agreement shall provide
constructive notice that the assessment to be levied on the property constitutes a lien of
equal dignity to county taxes and assessments from the date of recordation.
(9) Before entering into a financing agreement, the local government shall reasonably
determine that all property taxes and any other assessments levied on the same bill as
property taxes are paid and have not been delinquent for the preceding 3 years or the
property owner's period of ownership, whichever is less; that there are no involuntary liens,
including, but not limited to, construction liens on the property; that no notices of default or
other evidence of property -based debt delinquency have been recorded during the
preceding 3 years or the property owner's period of ownership, whichever is less; and that
the property owner is current on all mortgage debt on the property.
(10) A qualifying improvement shall be affixed to a building or facility that is part of the
property and shall constitute an improvement to the building or facility or a fixture attached
to the building or facility. An agreement between a local government and a qualifying
property owner may not cover wind -resistance improvements in buildings or facilities under
new construction or construction for which a certificate of occupancy or similar evidence of
substantial completion of new construction or improvement has not been issued.
Page 5 of 12
A16
(11) Any work requiring a license under any applicable law to make a qualifying
improvement shall be performed by a contractor properly certified or registered pursuant to
part I or part H of chapter 489.
(12)(a) Without the consent of the holders or loan servicers of any mortgage encumbering
or otherwise secured by the property, the total amount of any non -ad valorem assessment
for a property under this section may not exceed 20 percent of the just value of the
property as determined by the county property appraiser.
(b) Notwithstanding paragraph (a), a non -ad valorem assessment for a qualifying
improvement defined in subparagraph (2)(b)1. or subparagraph (2)(b)2. that is supported
by an energy audit is not subject to the limits in this subsection if the audit demonstrates
that the annual energy savings from the qualified improvement equals or exceeds the
annual repayment amount of the non -ad valorem assessment.
(13) At least 30 days before entering into a financing agreement, the property owner shall
provide to the holders or loan servicers of any existing mortgages encumbering or otherwise
secured by the property a notice of the owner's intent to enter into a financing agreement
together with the maximum principal amount to be financed and the maximum annual
assessment necessary to repay that amount. A verified copy or other proof of such notice
shall be provided to the local government. A provision in any agreement between a
mortgagee or other lienholder and a property owner, or otherwise now or hereafter binding
upon a property owner, which allows for acceleration of payment of the mortgage, note, or
lien or other unilateral modification solely as a result of entering Into a financing agreement
as provided for in this section is not enforceable. This subsection does not limit the authority
of the holder or loan servicer to increase the required monthly escrow by an amount
necessary to annually pay the qualifying improvement assessment.
(14) At or before the time a purchaser executes a contract for the sale and purchase of
any property for which a non -ad valorem assessment has been levied under this section and
has an unpaid balance due, the seller shall give the prospective purchaser a written
Page 6 of 12
A17
disclosure statement in the following form, which shall be set forth in the contract or in a
separate writing:
QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, RENEWABLE ENERGY, OR WIND RESISTANCE. -The
property being purchased is located within the jurisdiction of a local government that has placed an
assessment on the property pursuant to s. 163.08. Florida Statutes. The assessment is for a qualifying
improvement to the property relating to energy efficiency, renewable energy, or wind resistance, and
is not based an the value of property. You are encouraged to contact the county property appraiser's
office to team more about this and other assessments that may be provided by law.
(15) A provision in any agreement between a local government and a public or private
power or energy provider or other utility provider is not enforceable to limit or prohibit any
local government from exercising its authority under this section.
(16) This section is additional and supplemental to county and municipal home rule
authority and not in derogation of such authority or a limitation upon such authority.
History.—s. 1, ch. 2010-139; s. 1, ch. 2012-117.
--1935624,.59s essriient'of. rye idential propeity_
(1) As used in this section, the tens "renewable energy source device" means any of the
following equipment that collects, transmits, stores, or uses solar energy, wind energy, or
energy derived from geothermal deposits:
(a) Solar energy collectors, photovoltaic modules, and inverters.
(b) Storage tanks and other storage systems, excluding swimming pools used as storage
tanks.
(c) Rockbeds.
(d) Thermostats and other control devices.
(e) Heat exchange devices.
(f) Pumps and fans.
Page 7 of 12
ENE
(g) Roof ponds.
(h) Freestanding thermal containers.
(i) Pipes, ducts, refrigerant handling systems, and other equipment used to interconnect
such systems; however, such equipment does not include conventional backup systems of
any type.
(j) Windmills and wind turbines.
(k) Wind -driven generators.
(I) Power conditioning and storage devices that use wind energy to generate electricity or
mechanical forms of energy.
(m) Pipes and other equipment used to transmit hot geothermal water to a dwelling or
structure from a geothermal deposit.
(2) In determining the assessed value of real property used for residential purposes, an
increase in the just value of the property attributable to the installation of a renewable
energy source device may not be considered.
(3) This section applies to the installation of a renewable energy source device installed on
or after January 1, 2013, to new and existing residential real property.
History.—s. 1, ch. 2013-77.
'Note.—Section 8, ch. 2013-77, provides that "[t)his act shall take effect July 1, 2013, and
applies to assessments beginning January 1, 2014."
366.91 Renewable energy.—
(1) The Legislature finds that It. is in the public interest to promote the development of
renewable energy resources in this state. Renewable energy resources have the potential to
help diversify fuel types to meet Florida's growing dependency on natural gas for electric
production, minimize the volatility of fuel costs, encourage investment within the state,
improve environmental conditions, and make Florida a leader in new and innovative
technologies.
(2) As used in this section, the term:
Page 8 of 12
A19
(a) "Biomass" means a power source that is comprised of, but not limited to, combustible
residues or gases from forest products manufacturing, waste, byproducts, or products from
agricultural and orchard crops, waste or coproducts from livestock and poultry operations,
waste or byproducts from food processing, urban wood waste, municipal solid waste,
municipal liquid waste treatment operations, and landfill gas.
(b) "Customer -owned renewable generation" means an electric generating system located
on a customer's premises that is primarily intended to offset part or all of the customer's
electricity requirements with renewable energy.
(c) "Net metering" means a metering and billing methodology whereby customer -owned
renewable generation is allowed to offset the customer's electricity consumption on site.
(d) "Renewable energy" means electrical energy produced from a method that uses one or
more of the following fuels or energy sources: hydrogen produced from sources other than
fossil fuels, biomass, solar energy, geothermal energy, wind energy, ocean energy, and
hydroelectric power. The term includes the alternative energy resource, waste heat, from
sulfuric acid manufacturing operations and electrical energy produced using pipeline -quality
synthetic gas produced from waste petroleum coke with carbon capture and sequestration.
(3) On or before January 1, 2006, each public utility must continuously offer a purchase
contract to producers of renewable energy. The commission shall establish requirements
relating to the purchase of capacity and energy by public utilities from renewable energy
producers and may adopt rules to administer this section. The contract shall contain
payment provisions for energy and capacity which are based upon the utility's full avoided
costs, as defined in s. 366.051; however, capacity payments are not required If, due to the
operational characteristics of the renewable energy generator or the anticipated peak and
off-peak availability and capacity factor of the utility's avoided unit, the producer is unlikely
to provide any capacity value to the utility or the electric grid during the contract term. Each
contract must provide a contract term of at least 10 years. Prudent and reasonable costs
associated with a renewable energy contract shall be recovered from the ratepayers of the
Page 9 of 12
A20
contracting utility, without differentiation among customer classes, through the appropriate
cost -recovery clause mechanism administered by the commission.
(4) On or before January 1, 2006, each municipal electric utility and rural electric
cooperative whose annual sales, as of July 1, 1993, to retail customers were greater than
2,000 gigawatt hours must continuously offer a purchase contract to producers of renewable
energy containing payment provisions for energy and capacity which are based upon the
utility's or cooperative's full avoided costs, as determined by the governing body of the
municipal utility or cooperative; however, capacity payments are not required if, due to the
operational characteristics of the renewable energy generator or the anticipated peak and
off-peak availability and capacity factor of the utility's avoided unit, the producer is unlikely
to provide any capacity value to the utility or the electric grid during the contract term. Each
contract must provide a contract term of at least 10 years.
(5) On or before January 1, 2009, each public utility shall develop a standardized
interconnection agreement and net metering program for customer -owned renewable
generation. The commission shall establish requirements relating to the expedited
interconnection and net metering of customer -owned renewable generation by public
utilities and may adopt rules to administer this section.
(6) On or before July 1, 2009, each municipal electric utility and each rural electric
cooperative that sells electricity at retail shall develop a standardized Interconnection
agreement and net metering program for customer -owned renewable generation. Each
governing authority shall establish requirements relating to the expedited interconnection
and net metering of customer -owned generation. By April 1 of each year, each municipal
electric utility and rural electric cooperative utility serving retail customers shall file a report
with the commission detailing customer participation in the interconnection and net
metering program, including, but not limited to, the number and total capacity of
interconnected generating systems and the total energy net metered in the previous year.
Page 10 of 12
A21
(7) Under the provisions of subsections (5) and (6), when a utility purchases power
generated from biogas produced by the anaerobic digestion of agricultural waste, including
food waste or other agricultural byproducts, net metering shall be available at a single
metering point or as a part of conjunctive billing of multiple points for a customer at a single
location, so long as the provision of such service and its associated charges, terms, and
other conditions are not reasonably projected to result in higher cost electric service to the
utility's general body of ratepayers or adversely affect the adequacy or reliability of electric
service to all customers, as determined by the commission for public utilities, or as
determined by the governing authority of the municipal electric utility or rural electric
cooperative that serves at retail.
(8) A contracting producer of renewable energy must pay the actual costs of its
interconnection with the transmission grid or distribution system.
History. s. 1, ch. 2005-259; s. 41, ch. 2008-227; s. 16, ch. 2010-139.
377.803 Definitions.—As used in ss. 377.801-377.807, the term:
(1) "Act" means the Florida Energy and Climate Protection Act.
(2) "Department" means the Department of Agrlculture and Consumer Services.
(3) "Person". means an Individual, partnership, joint venture, private or public corporation,
association, firm, public service company, or any other public or private entity.
(4) "Renewable energy" means electrical, mechanical, or thermal energy produced from a
method that uses one or more of the following fuels or energy sources: hydrogen, biomass,
as defined in s. 366.91, solar energygeothermal energy, wind energy, ocean energy, waste
heat, or hydroelectric power.
(5) "Renewable energy technology" means any technology that generates or utilizes a
renewable energy resource.
(6) "Solar energy system" means equipment that provides for the collection and use of
incident solar energy for water heating, space heating or cooling, or other applications that
would normally require a conventional source of energy such as petroleum products, natural
Page 11 of 12
A22
gas, or electricity that performs primarily with solar energy. In other systems In which solar
energy is used in a supplemental way, only those components that collect and transfer solar
energy shall be included in this definition.
(7) "Solar photovoltaic system" means a device that converts incident sunlight into
electrical current.
(8) "Solar thermal system" means a device that traps heat from incident sunlight In order
to heat water.
History.—s. 4, ch. 2006-230; s. 54, ch. 2006-227; s. 516, ch. 2011-142.
Page 12 of 12
A23
From: Freda Defosse <fdefosseCalouif-stream.ora>
Date: Fri, Feb 14, 2014 at 10:56 AM
Subject: RE: vertical axis wind turbine application
To: Chris O'Hare<chrisohareQulfstream(a)umail.com>
Dear Mr. O'Hare.
Your application for a permit for a solar sandwich roof system to be installed at 2520 Avenue Au
SDlell, submitted on February 5, 2014, has been denied because the Town's Code of
Ordinances expressly prohibits metal roofs within the Town within Section 70-99 (3) and Section
70-187. As such, metal roofs are not permitted under the Town's Code.
Freda DeFosse
Administrative Assistant
Town of Gulf Stream
TOWN OF GULF STREAM EMAIL DISCLAIMER:
PLEASE NOTE: Florida has a very broad public records law. Most written
communication to or from local officials regarding town business is considered public
records and available to the public and media upon request Your email communications
may therefore be subject to public disclosure.
A24
Rita Taylor
.155'
SIR
F
�9 5P . 5
57
A25 P13907
WE1
COMMISSIONERS
SCOTT MORGAN, Mayor
ROBERT W. GANGER, Vxe•Nlayor
JOAN K. OATH WEIN
THOMASM.SfANLEY
DONNAS. WHITE
Maj: 18, 2014
Christopher F. O'Hare
2520 Avenue An Soleil
Gulf Stream, Florida 33483
Dear Mr. O'Hare:
This is to confirm that at the Public Hearing held by the Gulf Stream
Board of Adjustment on May 9, 2014, your application for an. Appeal of
the Final Action of the Planning and Building Administrator, that
being the denial of a Building Permit Revision Request to install
EL "solar -sandwich" metal roof on your property at 2520 Avenue An
Soleil, legally described as Lot 36, Place Au Soleil Subdivision was
considered'. It is noted that on the application form the project
address is shown as 2516' Avenue Au Soleil but the Legal description
is shown as Lot 36, Place Au Soleil Subdivision which is located at
2520 Avenue Au Soleil. Inasmuch as the Building Permit Revision Form
shows the project location as 2520 Avenue Au Soleil also, we have
determined 2520 Avenue Au Soleil to be the correct address of this
proposed project.
Please be :advised, that after full consideration of this matter, the
Board of Adjustment denied your,appeal, thereby sustaining the decision
of tle,P•lanning and Building Administrator.
Very truly yours, p
Rita L. Toy. for a
Town Clerk
cc: Louis Aoeder, Esq.
9.00 SEA. ROAD,, GULF STREAM, RoRIDA 33483
A26'
RECEIVED MAY 22 2014
TOWN OF GULF STREAM
PALM BEACH'COUN7Y, FLORIDA
p LL„
telephone
J' y
(561)276.5116
F�r1e.1 r
Fax
(56/)737.0168
TovmMkmeu
MWAh1H.THRASHER
RrTA LTAYLOR•
Christopher F. O'Hare
2520 Avenue An Soleil
Gulf Stream, Florida 33483
Dear Mr. O'Hare:
This is to confirm that at the Public Hearing held by the Gulf Stream
Board of Adjustment on May 9, 2014, your application for an. Appeal of
the Final Action of the Planning and Building Administrator, that
being the denial of a Building Permit Revision Request to install
EL "solar -sandwich" metal roof on your property at 2520 Avenue An
Soleil, legally described as Lot 36, Place Au Soleil Subdivision was
considered'. It is noted that on the application form the project
address is shown as 2516' Avenue Au Soleil but the Legal description
is shown as Lot 36, Place Au Soleil Subdivision which is located at
2520 Avenue Au Soleil. Inasmuch as the Building Permit Revision Form
shows the project location as 2520 Avenue Au Soleil also, we have
determined 2520 Avenue Au Soleil to be the correct address of this
proposed project.
Please be :advised, that after full consideration of this matter, the
Board of Adjustment denied your,appeal, thereby sustaining the decision
of tle,P•lanning and Building Administrator.
Very truly yours, p
Rita L. Toy. for a
Town Clerk
cc: Louis Aoeder, Esq.
9.00 SEA. ROAD,, GULF STREAM, RoRIDA 33483
A26'
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`S-
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF DELRAY BEACH AND i
THE TOWN OF GULF STREAM b
,1r�\ 1 1 ,,,,P
THIS AGREEMENT entered into on this ) � day of I I \JV -
,r
2009 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal I
corporation', hereinafter referred to as "the CITY" and the TOWN OF GULF STREAM,
FLORIDA, a Florida municipal corporation, hereinafter referred to as "the TOWN".
WITNESSETH:
WHEREAS, the health, safety and welfare of the residents of both TOWN and
CITY will best be served by the CITY inspecting certain structures lying within the
TOWN'S limits; and,
WHEREAS, this Agreement evidences the intentions of the respective parties to
cooperate with each other in the furtherance of the public's interest.
NOW THEREFORE, it is hereby agreed by and between the parties hereto as
follows:
Section 1. Definitions:
Code: When used herein,.the term "Code" shall mean the Florida Building Code
as amended.
Department: When used herein, the term "Department" shall mean the City of
Delray Beach Community Improvement Department.
Building Official: Where used herein, the.term "Building Othcial" shall mean the
Chief Building Official for the City of Delray Beach.
• Fees : When used herein, the term "fee" or "fees" shall mean the fee(s) charged
as a condition for plan review, building, electrical, or plumbing permit and/or the
Inspection fee charged for inspection of work; both made a part hereof.
Inspector. When used herein, the term "inspector" shall mean any Building
Inspector in the employ of the CITY.
Permit When used herein, the term "permit" shall mean permit issued by the
CITYfor any construction work.
Permittee: When used herein, the term °permittee° shall mean any individual,
corporation.or other business entity applying for and/or holding a valid permit.
Ehu
Structures: When used herein, the term "structures" shall mean any and all
above -ground, in -ground, and/or underground structures, and any and all construction,
mechanical, electrical and/or plumbing work forwhich a permit must be obtained.
Section 2 The CITY and TOWN, in consideration of the mutual promises and
benefits hereinafter set forth, receipt of which is hereby acknowledged, do hereby agree
as follows:
A. The purpose of this Agreement is to provide the TOWN with the expertise
and assistance of the CITY'S Department for the inspection and permitting of certain
construction projects within the TOWN'S limits for compliance with the Florida Building
Code.
B. The method by which this purpose will be accomplished is as follows,-
The
ollows:
The TOWN shall adopt an ordinance which:
a: incorporates by reference the provisions of the Code as
presently in force and effect in the CITY;
b. vests the responsibility for reviewing pians for compliance
with the Code, Issuing permits, and inspecting structures
with the TOWN in the CITY'S Department; and
C. upon adoption by the CITY of any amendments to said
Code, the TOWN shall immediately, upon notice by the CITY
amend its ordinance to accurately reflect such changes.
2. a. Plans for construction shall be submitted to the TOWN- In
triplicate by the applicant and shall -be reviewed by TOWN
for compliance with TOWN'S Zoning Code and other non -
construction compliance. The 'three (3) plans shall be
stamped and submitted to CITY by contractor or owner with
the attendant permit applicant and fees.
b. The Department shall review and process all plans,
submitted in triplicate, checking the same for compliance
with the Code; and determine the subsidiary permits
necessary and the amount of fees_ For processing and the
inspection service, CITY shall receive one hundred percent
(100%) of the permit fee. Said fees shall be colledted by
CITY. After reviewing and processing said construction
plans, CITY shall forward one set of said plans to the
contractor/owner with the permit and another set to the
TOWN with a copy of the permit. CITY shall not forward any
plans to TOWN without the attendari permit.
A29
f---- — — -- --
3. Applications for all pen -nils shall be submitted to CITY on CITY
approved forms. The CITY shall process and prepare all permits for construction within
the TOWN. Any authorized individual may request the Department to inspect a project
on a given time and date. The permit inspection cart) and plans shall be on the
construction site at all times and the inspector, upon the completion of his inspection,
will mark the card either as to acceptance and the date thereof, or will- note reason for
rejection and the date thereof. Upon satisfactory completion of the project and final
inspection, .the Building Official will prepare the Certificate of Occupancy and will
forward said Certificate of Occupancy to TOWN which will issue the Certificate of
Occupancy to the permitee, or authorized agent thereof, with a copy to the CITY.
4. The TOWN shall be solely responsible for the enforcement of
violations of the provisions of said Code by persons, firms or corporations engaged in
construction within the TOWN.
5. The TOWN shall assume responsibility for the administration of all
consumer inquires. The TOWN shall forward to the Building Official only those inquires
concerning the plan review and inspection process, set forth above, and all others shall
be the responsibility of the TOWN.
6. The Building Official shall have the right to refuse to inspect any
structure within TOWN should he/she deem it in the best interest of CITY. All such
determinations not to inspect structure shall be made in writing to TOWN.
7. Subject to the limitations of Florida Statute 766.26, the TOWN shall
hold harmless and indemnify CITY against'any and all claims for damages of every kind
and nature including, but not limited to claims for property damage, personal injury or
death, arising out of the plan review and inspection process.
a. The TOWN shall annually supply CITY with a Certificate of
Insurance from the TOWN'S insurance carrier evidencing all the necessary insurance
coverage for CITY and the Building Official or any authorized agent of the Department
reviewing plans for construction within the Town and/or making inspections within the
TOWN. Said Insurance certificates and coverage shall be satisfactory to the CITY'S
Risk Manager. The CITY is not obligated to undertake any action under this Agreement
until the CITY'S Risk Manager has approved said insurance certificate and coverage.
The approval by the CITY'S Risk Manager shall not be unreasonable withheld.
A30
Section 3.
Duration.
This Agreement shall be a continuing nature unless cancelled by either party for
any reason and without penalty, on not less than sixty (60) days written notice. Any
fees paid to CITY where inspection services are not completed shall be prorated in
accordance with the percentage of inspection completed and any excess shall be
refunded to TOWN.
Section 4. Miscellaneous
A. This Interlocal Agreement sha{i be filed pursuant to the requirements of
Section 163.01(11) of the Florida Statutes.
B. This Agreement shall be governed by and in accordance with the Laws of
Florida. The venue for any action arising from this Agreement shall be in Palm Beach
County, Florida:
C. Neither party shall assign or transfer any rights or interest in this
Agreement without the written consent of the other party.
D. This Agreement shall not be valid until signed by the Mayor and the City
Clerk of each party.
IN WITNESS WHEREOF, the partes hereto have caused these presents to be
signed by their duly authorized officers on the date setforth above.
ATTEST'
�.C. ��� �U �
City lerk
Approve as to form.
ST.
Q.(_Gi y Attorney I G Gr
ATTEST-
By-..
City Clerk
Approved as
By. .
City Attophey
A31
IJ
am
• ���� i i��t T r . �
" r -
PUBLIC HEARING
May 09, 2014
TOWN OF GULF STREAM, FLORIDA
1-4
IOM of CDLF sorhm, FLORIDA Pagel
Page
First, how's the decision preempted by the
PUBLIC1
APeEAe of ADHxxssrnnavE DEcxsxoN
APEERD HEAAUMINISARDof ADECISIOS
2
town's code. The town's administrator has taken
Friday, Nay s. 2014
3
the position that both Section 70-99(3) and 70-107
5:2L - 20:17 a.m.
4
prohibit metal roofs.
True Hall
IDD sea Road
5
While Sectlon 70-90(3) (sic) prohlblls metal
Dmf stream, Fxrida
6
roofs, Section 70-187(2) allows metal roofs under
Main, HEIIDEpS FA50.57R. WROMI1
7
certain conditions. And according to Section
VICE HAFDRr am= H. DANDER
8
70-186(b), Section 70-187 preempts 70.99 meaning
CDHIILRSIDNER: ZOAN K. Oaxa mi
9
that metal roofs are allowed.
C°HI xDNxRTxD n' � =
COMM SSIONER; DO.= S. W=
10
How is the decision preempted b interlocal
P P Y
ALSO PnE-nmr:
11
agreement? Minor's staff report addresses what he
mail C. RANDOM* Tcun Attorney
12
erroneously perceives to be construction issues
RILLMH 2RRISHER, Town Hma9ee
CARRELS WARD, Poxioe Chief
13
gardin m clients ellents permit
regarding y y '
RM TSAOR, Town Clerk
14
application.
SANDRA =11, According secretary
15
According to the September 2009 interlocal
LOUIS ROMER, 222, Co ... I for Hr. We—
HARK HANNA, counsel for Hr. O'Hare
16
agreement between the City of Delray Beach and the
PJ11121! HINDR, Urban Dorian xuday Studios
17
Town of Gulf Stream that's an agreement for the
CHRISTOPHCA o•HARC, To -a Hesidene
18
provision of building permitting and Inspection
MR= 0-BouD, Trun Rcaident
NILIZAH DDAMMI, Town nesident
19
services. The permitting tasks are bifurcated
NANCY HISSMS S, Inun Residenc
20
between the city and the town.
elate: Varxoor other audience members uara present that
were not idantffied for the record.)
21
According to Section 2(b)(2)(a) of that
Reported Ry:
22
Interlocal agreement, quote, Plans shall be
marble. Lure, "A
23
reviewed by the town for compliance to the town's
Snblry26331ic, srnrc of Florida
x7
24
zoning code and other noneonslruction compliance.
25
Since many of the issues raised by the town's
Page 2
I (The following proceedings were had:)
1
Page 4
consultant are construction compliance issues, they
2 MAYOR MORGAN: Thank you. Anyone else?
2
are issues that fall within the purview of the City
3 11 not we'll move on to the next Item, which
3
of Delray Beach building department, not the Town
4 Is our Board of Adjustment hearing.
4
of Gulf Stream.
5 On the appeal, Mr. O'Hare, 2520 Avenue
5
How is the decision preempted by state
5 AuSolell.
6,
statute? According—To paraphrase, according to
7 Who will be representing, Mr. O'Hare?
7
Chapter 163.04(1) an ordinance by governing body
0 MR. ROEDER: Good morning, Mayor,
a
which prohibits or has the effect of prohibiting
9 Commissioners. My name Is Lou Roeder. I represent
9
the installation of energy devices based on
10 Mr. O'Hare in this appeal decision of the town
10
renewable resources is expressly prohibited.
11 administrator.
11
Chapter 193.624(1)(a)defines what amthese
12 More specifically, my client is appealing the
12
solar energy devices. They include solar energy
13 town's decision to deny his application fora solar
13
collectors and photovoltaic modules, at cetera.
14 sandwich metal rool.
14
In other words, the town's code is preempted
15 We were Informed the permit was denied, and 1
15
by slate statute in that no part of the tewr'a Code
16 quote, Because the Town's code of ordinances
16
can be used, prohibit or have the effect of
17 expressly prohibits metal roofs within the town
17
prohibiting installation of my client's requested
18 within Section 70.99(b) and Section 70-187, as such
18
renewable energy device.
19 metal roofs are not permitted under the town code,
19
So as vie have shown, the decision of the town
20 end quote.
20
administrator Is preempted by state statute,
21 Itis our position that the town denial is
21
preempted by Interfocal agreement and preempted by
22 simplywrong. Why? Becausethedeolsfonofthe
22
the town's code itself.
23 town administrator Is preempted by state statute,
23
We are requesting that the decision of the
24 preempted by interlocal agreement, and preempted by
24
town administrator be reversed and the permit
25 'thetown's code itself.25
forwarded to the City of Delray Beach forfurther
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PUBLIC HEARING
May 09, 2014
TOWN OF GULF STREAM, FLORIDA
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consideration regarding the construction related Page 5
1
COMMISSIONER GANGER: The appeal presumahy
2
issues.
2
wants us to agree that this metal roof with the
3
If you have any questions, I'll be happy to
3
solar panels should be permitted.
4
answer them. My client is here too as well. We
4
Let's assume we agree with that, doesn't he
5
can answer any questions you might have.
5
have to go back and start all overagain with that
6
MAYOR MORGAN: Those stale statute sections
6
agreement in hand, ordoes he go to the
7
again, sir?
7
Architectural Review and Planning Board? What
8
MR. ROEDER: Yes. Ithink weIncluded itin
8
would be the next step, the logical next step
9
ourpacket.
9
making the assumption that we have—we are
10
MAYOR MORGAN: You did. It's pretty lengthy
10
sympathetic with his position?
11
so—
11
MR. RANDOLPH: I think the appeal is based
12
MR. ROEDER: Yeah. We actually red lined —
12
upon the statute. And the argument is that the
13
MAYOR MORGAN: I was trying to follow you
13
statute precludes the town from pmhlbllfng the
14
while looking•
14
metal roof. So it is my beliefthat in the event
15
MR. ROEDER: We actually red lined it for you
15
you believe the administrative official was
16
to be a little bit ease. Its Chapter 163-04(1).
16
Incorrect In his decision then the roof—the roof
17
MAYOR MORGAN: Yes. 1 see it.
17
would be allowed.
18
MR. ROEDER: And then when you go down toward
18
Now I suppose the ARPB can look at it from a
19
the end —
19
design standpoint, but the primary Issue Is—as1
20
MAYOR MORGAN: 1(a),right.
20
understand% Mr. Roeder'sargument Isthat the
21
MR. ROEDER: —to find what are the actual
21
administrative official was incorrect in his ,
22
devices, you go to 193.624(1)(a).
22
interpretation because the stale law allows These
23
MAYOR MORGAN: Okay.
23
energy devices.
24
MR. ROEDER: And it might be interesting to
24
COMMISSIONER GANGER: Okay. Well, with that
25
note that none of the town's consultant's reports
25
in mind Than dialing back to where wewere two
1
that were provided to us as a courtesy for this Page 6
1
years ago in this very same situation, it's my Page 8
2
meeting actually included any— address at all any
2
understanding that the appellant wanted to have a
3
of the preemptions by slate statule.
3
metal roof. And the basis for that desire was the
4
MAYOR MORGAN: Okay. Thank you.
4
fact that it was an old house, it was in disrepair
5
Any questions?
5
and that the — thetihehousecouldnottolerate
6
COMMISSIONER GANGER: I'd like to start with a
6
the heavier slate roof Orfila roof.
7
question of the town attorney, which is making the
7
Now, I locked at the pictures that you had
8
assumption that this commission finds merit in what
8
there, and this design looks like it's heavier than
9
the appellant is asking for, what— what happens
9
stile moi. I mean there's a lot of hardwarein
10
next? Do vie go back and start all over again or
10
there. And 1 guess the question I would ask is
11
what?
11
have you done the research to indicate whether or
12
MR. ROEDER: Can I jut do a point of order
12
not the house could actually hold this kind—this
13
before that before the question is answered?
13
new kind of roof?
14
COMMISSIONER GANGER: Let the — Let the
14
MR. ROEDER: Well, metal roofs—A general
15
attorney answar my question.
15
rule when you— One thing we submitted when we had
16
MR. ROEDER: Bul ll is a polnt of orderthat
16
That appeal, different roofs have different
17
addresses that. The attorney—
17
weights. One of the heaviest Is a concrete orihe
18
MAYOR MORGAN: Well, let's just let this
15
clay tile.
i9
question go first, and then we'll get back to you,
19
COMMISSIONER GANGER: Thal's not the question
20
Mr. Roeder. We'll certetniygive you an
20
I'm asking. I'm sorry.
21
opportunity to comment and respond.
21
MR. ROEDER: But I'm answering it my way.
22
MR. ROEDER: Okay. Tbankycu.
22
And then is the asphalt. And the metal roof
23
COMMISSIONER GANGER: The administrative
23
is about one-tenlh the welghL
24
decision Is being appealed.
24
And when you put in the thermal, which is a
25
MR.RANDOLPH: Right.
25
subfayerand then you put anThe photovoltaic layer
O
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on tap, it Issfillmuch lfghlerthanany other Page
1
Pagell
applicant or the appellant that you hear train [he
2
possible roof.
2
town manager In regard to his position.
3
But that again Is a construction issue.
3
MAYOR MORGAN: Sure. No, we'll gel to that.
4
That's an Issue that's to be addressed by the City
4
1 just wanted to make sure that we are clear on
5
of Delray Beach by your own interlocal agreement.
5
exactly what points you were retying on for your
6
What the town is limited to is zaning issues
6
appeal. And I think you have now highlighted
7
or other nonoonstruction related Issues. That's
7
those.
8
out—That's our position here today.
a
MR. ROEDER: Yeah. And what 1 want to do is 1
9
MAYOR MORGAN: Well, you also mentioned the
9
reserve some time to he in response to the town
10
fact that the— as Mr. Ganger said, that
10
administrator's arguments that he might make.
11
originally it was that the roof did not support
11
MAYOR MORGAN: Of course.
12
tile, and, therefore, under our own code you Could
12
COMMISSIONER STANLEY: We'll give you time to
13
apt for a metal roof.
13
rebut, Mr. Roeder.
14
Would you be open to the lawn sending an
14
MAYOR MORGAN: Okay. Any otherqueslions of
15
engineer Into the house to justify that allegation?,
15
Mr. Roeder on this point?
16
MR. ROEDER: Again, that's not what we're
16
COMMISSIONER WHITE; Do you have any
17
here —What you're doing, you seem to be going
17
Information on the wind resistance properties of
18
back to the situation a year-and-a-hag to two
18
the metal roof that you have in mind?
19
years ago.
19
MR. ROEDER: Let me address your question this
20
MAYOR MORGAN: Well, you mentioned it in your
20
way: There are different ways to get Florida—or
21
opening remarks. You referenced our code.
21
get product approval. You can have Florida product
22
MR. ROEDER: 1 didn't reference the incident a
22
approval. Actually, that's in Statute 553.8425.
23
yearand-a-half to two years ago.
23
And that's one of the erroneous observations by the
24
MAYOR MORGAN: But you specifically said that
24
town's consultant. You can have Florida product
25
aur code permitted this exception, and that was the
25
approval, you can have NOA approval which Is
1
Pa eto
section that you cited. You say the roof could not9
1
Page 12
Miami-Dade wind loads, or you can have local
2
withstand the tile.
2
approval, which can be done through a certi6callon
3
MR. ROEDER: Even the allowance, the partition
3
by a local architect ora local engineer.
4
and the allowance are both subject to state
4
They assume since the didn't have the first two
5
preemption.
5
that wecouldr'tget Itapproved orItwas not
6
MAYOR MORGAN: Well, assumewedon't accept
6
approved. We are allowed to submit theotherlhe
7
that argument, and we go back to your other
7
third way to the local building department And
8
argument which Is that under our own code It could
a
that's exactly what via plan to do.
• 9
be permitted, would you allow or would your client
9
COMMISSIONER WHITE: Okay. Butyou don't have
10
allow atown engineer to inspect 11 to confirm the
10
any statistics on It orfundamenlal-
11
allegation?
11
MR. ROEDER: No. Actually, when It COMES to
12
MR. ROEDER: Here today, again, we're bringing
12
the thermal layers and sluff that you'd apply,
13
upsimilartowhat happened ayear--and-a-half, two
13
there are test results. Andwhatwedoiswe
14
years ago. We are appealing a decision, aspecific
14
submit—we submit a cedirrcation letter from an
15
declsionbythe town administrator who says itis
15
engineer. And that Information Is usually
16
not allowed and cites the city's code or the town's
16
submitted along with it. And 1hafs what gets
17
code.
17
considered by the local building departmenl,which
18
We're saying that code is preempted by state
18
is the City of Delray Beach. And that's what they
19
statute, therefore, it should be sent to the Town
19
use to a make their decision.
20
of Delray Beach for further construction
20
MAYOR MORGAN:Olherquestions?
21
consideration.
21
Thank you, Mr. Roeder.
22
MAYOR MORGAN: Okay. So I understand your
22
COMMISSIONER ORTHWEIN: I have one question-
23
point:
23
MAYOR MORGAN: I'm sorry.
24
MR. RANDOLPH: Mr. Mayor, might I suggest if
24
COMMISSIONER ORTHWEIN: —about the mof
25
you dan'thave any further questions ofthe
25
We, or the one that you're goingtouse- Is It
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PUBLIC HEARING
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TOWN OF GULF STREAM, FLORIDA
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permitted in Florida? Page t3
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Page 15
MR. RANDOLPH: By the way, in regard to
2
MR. ROE13ER:The tile,you mean the —
2
Mr.Thrasher's testimony, I recommend that you
3
COMMISSIONER ORTHWEIN: Marty Minors report,
3
admit into the record his report, which is before
4
the conclusion.
4
you today in that regard.
5
MR. ROEDER: Now, see, Marty Minor said it was
5
MR. HANNA: Mr. Mayor, [would Iketo make
6
notpermilled.
5
one comment Mark Hanna, I'm an attorney for
7
COMMISSIONER ORTHWEIN: Right
7
Mr. O'Hare.
8
MR. ROEDER: Itdoesn't have Florida product,
8
Mr. Randolph is kind of acting as a dual role
9
approval.
9
here. And there is something in Florida called the
10
COMMISSIONER ORTHWEIN: Right.
to
doctrine of Incapability regarding his position of
11
MR. ROEDER: It doesn't have NOA approval.
11
advising the board but also taking a position in
12
But they do have test results, and they submit
12
this situation of essentially being the prosecutor
13
cedTcalfon letters in other stales.
13
and helping the town with the staff report and
14
And in Florida, actually, they submit letters,
14
advising the staff to deny this permit
15
engineer certifications to get approval through the
15
The Board of Adjustment is supposed to be an
16
local approval method. In that they have test
16
impartial —
17
results, wind results that we use as part of that
17
MAYOR MORGAN: Mr. Hanna-
18
COMMISSIONER ORTHWEIN: Okay.
18
MR. HANNA: Yes.
19
COMMISSIONER STANLEY: 1 have a question.
19
MAYOR MORGAN: — I don't view it that way at
20
MR. ROEDER: But we just ask the opportunity
20
all. i think he was giving us advise on a
21
to submit that information to the Iota] building
21
procedure of something that's not done here every
22
department as we're entitled to get it approved.
22
day.
23
COMMISSIONER STANLEY: But I want Bill to go
23
Sc I'll be happy to give you an opportunity to
24
first, the town manager, then I'II—
24
speak, but I'd Ike to hear from Mr. Minordght
25
MAYOR MORGAN: The town manager response.
25
now.
1
Page 14
MR. THRASHER: I reviewed this as it relates
1
Page 16
MR. HANNA: Okay. Mr. Morgan, I was the
2
to two primary issues at least In my mind. One was
2
chairman of the Board for AdjuslmenL
3
the renewable energy concept, which, as you know,
3
MAYOR MORGAN: That's very good. I appreciate
4
the town does allow forsolar panels that are not
4
that.
5
visible from the roadway. That's a section of the
5
MR. HANNA: And we had two attorneys, one
6
code.
6
advising the Board of Adjustment —
7
So we have permitted solar panels in ourtown.
7
MAYOR MORGAN: Mr. Hanna, please.
8
1 don't know how often or how many, but they have
8
MR. HANNA: Thank you, sir.
9
been presented to the town for approval and have
9
MAYOR MORGAN: You can stand or sit down.
10
been approved.
10
MR. HANNA: I'm going to —
11
The second thing that in my mind was analyzed
11
MAYOR MORGAN: I'll give you an oppodunilyto
12
was the fact that the material itself, the metal
12
speak.
13
roof is prohibited. And with that, it was my idea
13
MR. HANNA: Okay. Thanks, sir.
14
to — or review process to deny the application.
14
MAYOR MORGAN: I will do it, but let's do it
15
However, knowing thatthis has been a
15
in order. Okay?
16
time-involved situation, I asked for a second
16
MR. HANNA: Absolutely.
17
opinion, that being Mr. Minor of Urban Design
17
MAYOR MORGAN: Show some respect,
18
Klday Studios. And in his report it confirmed
18
Yes, Mr. Minor.
19
what I had concluded. And, therefore, after that
19
MR. MINOR: Good morning.
20
process1he application was denied.
20
MAYOR MORGAN: Good morning.
21
MR. RANDOLPH: Do you wantto hear from
21
MR. MINOR: Forthe record, Marty Minor,
22
Mr. Minor?
22
senior plannerwilh Urban Design Kflday Studies,
23
MAYOR MORGAN: I think so.
23
Mr. Thrasher asked me In lookatthis Issue.
24
Mr. Minor, would you care to comment on your
24
1 reviewed the application, and as mentioned
25
report?
25
before, there's two sections of the code that do
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PUBLIC HEARING
TOWN OF GULF STREAM, FLORIDA
May 09, 2014
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not permit metal roofs in most occasions. And I'll Page 17
1
MR. RANDOLPH., Is this rebuttal now or— Page 19
2 touch an them.
2
COMMISSIONER STANLEY: Iwe got one more
3
Section 70.99 talksabout— expressly
3
question for — We'reInrebuttal,orareweIn
4
prohibits metal roofs with the exception of
4
board discussion?
5
unpainted copper when used as a decorative accent
5
MR. RANDOLPH:Itseemstomeyou'resMin
6
or a minor accessory structure. The roof In
6
Mr. Threshef'spresentation, unless has yielded,
7
question Is neither one of those.
7
and you're going to rebuttal. You may have
e
Under Section 70-187, that table of district
8
questions of Mr. Thrasher.
9
standards, it prohibits metal roofs unless an
9
By the way, I mean I can — I'm not serving as
10
engineer can certitythat the existing roof will
10
a prosecutor here today. Bullcanadviseyouas
II
not support a Via root And within the
11
to the procedures in regard to this and things That
12
application material provided, that engineer
12
1 think should be made part of the record.
13
ceNlication hasn't been provided.
13
MAYOR MORGAN: Of course, and we appreciate
14
It is those two sections of the code Is the
14
that. That's how 1 took it as well.
15
basis for the recommendation for denial.
15
Well, with that In mind, I thoughtwe had
16
COMMISSIONER GANGER. Marty, I didn't
16
concluded with Mr. Thrasher. But are there any
17
understand what— has not been provided or has
17
otherquastions?
18
been?
18
COMMISSIONER STANLEY: I've got question for
19
MR. MINOR: Yeah. Has not been provided.
19
Mr. Thrasher. I think he's aptly stated, butlhe
20
COMMISSIONER GANGER: Okay. ithought Iheard
20
question is basically this, and I think he's
21
you say has been provided.
21
answered it, Is we —we do allow for— We have
22
MAYOR MORGAN: Any questions? Any questions
22
allowed in the past and currently do allow fora
23
of Mr. Minor based on his Interpretation of the
23
renewable energy technology as stated in the
24
code?
24
statute on roofs that are approved by the to n
25
Actually—
25
underthecode. And that is—Thatismyquestion.
1
MR. HANNA: Mr. Hanna. Page 1a
1
We have and continue to do, correct? Page 20
2
MAYOR MORGAN: Mr. Hanna?
2
MR. THRASHER: That is correct.
3
MR. HANNA: Thank you, Mr. Mayor.
3
COMMISSIONER STANLEY: And, you know, an
4
Regarding — Wecalledadoctrineof
4
example ofthatwould be-Ithink Iknow afew; 1
5
incapability. This board is supposed to be in this
5
have aneighborthathas one -would be a while
6
situation acting as a fair impartial tribunal
6
through-and-through file with a solar paneling on
7
hearing this appeal.
7
the side that doesn't race the street.
8
Mr. Randolph acting as the board of
B
And I think we've approved those an — i
9
adjustment's attorney is in conflict where he's
9
haven't personally since I've been on this board to
10
also acting as a proseculor in this situation,
10
my knowledge. But those are in existence and have
11
arguing an behalf of the staff. He provided the
It
been approved by the town; is that correct?
12
staff with advice in writing the report, and did
12
MR. THRASHER: That Is correct
13
input their e-mails where he had inputinto the
13
MAYOR MORGAN: Okay. Thank you.
14
decision-making process.
14
COMMISSIONER WHITE: 1 have some panels an my
15
In Ocean Ridge, Kenneth Spilllas always
15
mof for the pool. And they face away from the
16
recused himself, and we had our own attorney acting
16
skeet
17
for and advising the board during these hearings.
17
MAYOR MORGAN: Anything else forthe town
18
And I would just submit that, and check it
is
manager?
19
later, We called a doctrine of incapability. And
19
MR. RANDOLPH: I would Just like to saythal
20
Mr. Randolph should not be advising the board an
20
since mention was made of the past application
21
anything. Otherwise, there is the appearance of
21
regarding metal mots that you include as pad of
22
the loaded deck where you have the staff
22
your record the petition of writ or certiorari that
23
essentially advising the board.
23
was riled by The applicant in regard to the denial
24"
Thankyou.
24
of the metal roof before. And that that—Andthe
25
MAYOR MORGAN: Thank you. Mr.Roeder?
25
decision—That the decision of the circuit court
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in regardta that denying the petition for writ of s
certiorari and the deofsfon of the Fourth District
Court of Appeal denying the petitfon for writ or
cerliorad simply be made part of the record.
MAYOR MORGAN: Thank you.
If there is no further questions, reburial
then by Mr. Roeder.
MR. ROEDER: First off, regarding Mr. Minor,
he referred to Section 70-99 and 70.187. He said
those were the basis for his denial, but yet has a
staff reportihat goes on to address other issues.
So were a frttle bit confused as io what is the
reason.
We think itis blatantly obvious these were
issues that were raised at the prior— since you
all brought it up, it was raised at the prior
appeal. 70-187 supersedes 70.99. So metal roofs
are allowed. In his report he said they were not
allowed. And he said here again today about not
permitted, butthat's beside the pointto this
appeal.
This appeal cites state statute, which
preempts your code. So all this talk about 70.99,
all this talk about 70-187, it doesn't matter.
It's all preempted by slate statute.
While you may allow other owners to put'up
separate panels, separate freestanding panels on
top of their roofs, if we come to you with a
system, and it's an energy saving system based on
renewable energy sources, according to state
statute it needs to go to the next level, cannot be
held up bythe town based an your code. It needs -
to go to the next level, which is the city review
for construction approval.
This system, fCs called a solar sandwich
system. Just tet me make this clear. Its not
like these other systems you're talking about.
Solar sandwich, the metal roof is integrated into
it. Irs a metal roof that Is sandwiched between a
thermal bander which takes advantage of the heat
generated by the metal roof to heat pipes.
That was another point that Mr. Minor got
wrong. He thought It was energy generating. It's
a hot water generating system underneath.
And then an lop you have overlaid on tap of
that a pliable photovoltaic membrane that gets
adhered to the metal roof, and it can only be
adhered to metal roofs. And this is a lot more
cost effective than a rigid'giass-like system
which, you know, is up In panel boxes which get
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May 09, 2014
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toyounroof.Itisactually part afiheage26
of.
his is the system that we're applying
as nothing to do with the request for
g that went through a year-and-a•halfago.
tally apart and separate.
t is system that should be given the
8 respect of state statute and should be passed on to
9 the Oily of Defray Beach for them to review.
10 MAYOR MORGAN: Thank you.
1 i Any questions of Mr. Roeder's rebuttal?
12 COMMISSIONER STANLEY: Do you have,
13 Mr. Raeder, any examples, you may or may not, of
14 this type of system being approved in any other
15 coastal town or somewhere in this region?
16 MR. ROEDER: No. This is new for this type of
17 system. Actually, they have trouble getting
18 approval of the metal an top of thermal. But it's
19 a three -layered system. It can still have the
20 photovoltaic an top of the metal.
21 Its for us to take it to the city and try to
22 get the full three-part system approved. If we
23 only get approved the photovoltaic onlopofthe
24 metal, fine. And that has been approved and has
25 been used in different Florida cities. We can get
1 you that information.
2 And it is done based on a local approval
3 method, not done on a Florida product approval or
4 NOA.
5 COMMISSIONER STANLEY. So you can't show us a
6 picture of a house in a town within a 25•miie -
7 radius orsuchthat has this anltJustbecause of
B the newness of the product basically?
9 MR. ROEDER: Exactly.
10 COMMISSIONER STANLEY: is thalyaur-
11 MR. ROEDER: Well, yeah. You can find some in
12 other communities, but inFladda_.
13 COMMISSIONER STANLEY: Right
14 MR. ROEDER: Butlherefs. There is an awful
15 lot of the two layers, the photovoltaic an lap of
Is lhemetal.
17 But thapholovollaiconlop ofmetal ontop or
18 thermal, we'd like to try and do the thermal as
19 part ofilloosoweCan get say adouble whammy so
20 to speak on whatthe benefits would be of the roof.
21 COMMISSIONER GANGER: Forwhaleverifsworth,
22 1 personally commend anyone who's trying to figure
23 outways to be more eifioientwith energy use. 1
24 also believe that Gulf Stream should not be a place
25 that says, well, try It someplace else before you
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1 bring it here, because maybe it's a great idea and'
i
information that would make you feel more Page27
2 A should be here first
2
comfortable with the history or this system of
3 1 am also —1 recognize if you're trying
3
putting photovoltaic film on metal roof. It's not
4 something that hasn't been tried before there Is
4
a new technology, been around a long time. Il has
5 also risk It may not work. I think Donna is
5
had NOA approvals in the past. It's not Ike we're
6 absolutely right that, you know, we have no basis
6
experimenting. This isn't the Beta version. This
7 to determine whether or not it has better wind
7
is established technology, and ft's a recogribed
8 resistant capabilities. And one would hate to
8
renewable energy device.
9 have—
9
COMMISSIONER GANGER: But It does—But
10 1 was told when 1 put — and, Donna, maybe you
10
Mr. Roedersaid he cannot give an example of where
11 had the same thing, i put one of these things on
11
we could go look at it and see what it looks Re.
12 for a hot water heater, and I was told to take it
12
MR. ROEDER: In fact, we did ask the
13 out before a hurricane. Literally have the whole
13
manufacturer for examples. Sul the waytheyget it
14 thing ripped up, pipes closed, and everything else
14
approved in Florida is by doing the interfocal
15 before a hurricane. And I was Willing to take that
15
approvals where the engineer certifies it based on
16 risk.
16
their test results and based anthe letter from
17 But, you know, I don't think this commission
17
Their engineer.
18 should be approving something that actually puts
18
Which we have a lelterfmm their engineer,
19 the homeowner orthe neighbors at peril if it
19
which then we then give to our engineer who then
20 hasn't been demonstrated that the product works.
20
looks at test results, certifies our drawings we
21 MR.ROEDER:Toansweryourqueslion—
21
submit to the city. and we submit to the city end
22 COMMISSIONER GANGER: Yeah.
22
try and get it approved.
23 MR. ROEDER: —that's what approval through
29
MAYOR MORGAN,. But that's not much being said,
24 the Delray Beach building department, they will not
24
and that's all fine. The real issue here is
25 approve It unless you can do that.
25
whether or not our code is going to be villaled by
1 COMMISSIONER GANGER: With all due respectt,,age26
1
the interloc— the interface] agreement with Page 28
2 sir, l deal with the Delray Beach building
2
Delray or the slate statutes that you mentioned.
3 department all the time. The Delray Beach building
3
MR. ROEDER, I think you're right. The
4 departmentlslhemselves find of In turmoil.
4
question is the slate statute —
5 1 really would Ile to rely on a higher
5
MAYOR MORGAN: Regardless of what your
6 authority if that's the case for something as novel
6
proposing to put an the roof frankly.
7 as this, and yet I don't want to fell you that we
7
MR. ROEDER: Exactly. Its you have afight -
6 don't— that I personally don't think is a good
8
to look at zoning and other nonconslruction issues,
9 Idea. I think It, frankly, may be a terrific Idea,
9
which all this discussion Is on construction
10 MR.O'HARE (inaudible)... engineer.
10
issues. Does It fit Wiffnzoning, ordoesn't It?
11 COMMISSIONER GANGER: Would you if you have
11
1think we'veshown itdoesn'I—h does fit
12 something to say, i mean I'll listen to you. What
12
within your zoning. And it's actually preempted by
13 is you want to say?
13
the state statute. Send It on to the next step,
14 MR. O'HARE I'm sorry. I can barely hear
14
and letthe City of Delray Beach approve ft.
15 you.
15
Even your own interlocal agreement says you're
16 COMMISSIONER GANGER: Okay. I'm sorry.
16
only, again, supposed to be looking at those zoning
17 Is this not working?
17
issues, not the construction issues.
1S MR.O'HARE: Okay. Thank you. I have ringing
18
MAYOR MORGAN: I think that's the issue before
19 in my ear. And I have a hard time hearing you.
19
us. .
20 COMMISSIONER GANGER: Okay. You hadsomething
20
Are there any other questions for Mr. Roeder
21 to say.
21
on that point?
22 MR, O'HARE: Oh.
22
Yes, sir?
23 COMMISSIONER GANGER: i didn't knew what you
23
MR. THRASHER: On that point, no. I have
24 were saying.
24
questions of Mr. Roeder.
25 MR.O'HARE. I was advising Mr. Roeder on some
25
MAYOR MORGAN: Oh, okay.
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1 MR. ROEDER: Yes, please. Page 29
1
town decides they want it pink, I'll make It pink Page 81
2 MR. THRASHER: Mr. Roeder, the manufacturer of
2
My molfvallon here is to fight climate change,
3 this material is chat which is listed in the
3
be a good citizen, do as much renewable energy on
4 material provided; Is that correct?
4
that house as I can. im spending alol of money
5 MR.ROEDER: No. We actually didn't —Whioh
5
to be asself-sufficient aspossible. Ithink
6 is why we're kind of amazed. We didn't list a
6
everybody's got their responsibility.
7 manufacturer. We listed diagrams which showed a
7
Whatever 11 lakes to comply and still have my
6 generic type system.
8
film, I'm willing to do.
9 MR. THRASHER: May i ask the name of the
9
MAYOR MORGAN: Thankyou forthal.
10 manufacturer you're referring to?
10
MR.THRASHER: Just one mom question, As the
11 MR. ROEDER: Actually, the metal roof is
11
color of the membrane changes, does the colaroi
12 Englert. That's just metal roof.
12
the ridge pane change as well?
13 The thermal, which is underneath, can be a
13
MR. ROEDER: No.
14 number ofdifferent manufacturers.
14
MAYOR MORGAN: Alldght. Any other
15 MR. THRASHER: Understood.
15
questions?
16 MR. ROEDER: And then the exterior is
16
COMMISSIONER WHITE Do you know how thick the
17 sunlight, the photovoltaic.
17
roof Is? There is a diagram with The schedule of
18 MR. THRASHER: Understood is the membrane
18
materials that shows the layers. What is the
19 allached to the entire surface of the metal roof?
19
thickness, and how do they seam the ends to close
20 MR. ROEDER: It's attached between the seams.
20
it in?
21 MR.THRASHER: Is the color of the membrane
21
MR. ROEDER: Actually, The client might be
22 identifiable?
22
more better able to answer that. fta.22-gauge
23 MR. ROEDER: The membrane Is usually blue or
23
mof, metal roof, but then a material that goes an
24 dark blue. It turns colors between dark blue and
24
top of IL
25 aimostblack, and [hen the roof will bedark blue.
25
Chds,you got ananswer? Let's make sum he
1 MR. THRASHER: What causes the colorto Page 30
1
heard that. Page 92
2 change?
2
MR.O'HARE I'm sorry.
3 MR. ROEDER: II's the heat.
3
MR. ROEDER* Asked aboutthe membrane, how
4 MR.THRASHER: Andwhatisthe coierofthe
4
thick is the membrane thatgoasanthe metal roof?
5 ridge?
5
MR. O'HARE: Oh. il'sapproximately aquarter
6 MR. ROEDER: Well, yeah, TVs
6
inch. it's a very thin Talton membrane with a
7 MR. THRASHER: Am I not making myself clear?
7
butyl adhesive that's been tested for adhesion, and
8 MR. ROEDER, Well, we're trying to get the
8
1 think wind loads up to 240 miles an hour.
9 metal roof and the membrane to match. You know
9
COMMISSIONER WHITE: Andthat's the top
10 they're blue. 1 think it's dark blue or blue, and
10
membrane. How aboutthe whole struclurewith the
11 it may tum black.
11
coils and everything? So how thick will the and
12 Butlhe ridge, the metal roof that the
12
result be?
13 membrane gets attached to can be any coieryou want
13
MR.O'HARE Are you asking me about the
14 it to be. We want to get [hem to match.
14
photovoltaic film?
15 But Oren, again, that's an aesihegc issue.
15
COMMISSIONER WHITE: No. All the layers. The
16 And Ihat's having a code or code aesthetics, which
16
sound—The solar, sound up.
17 is superseded by state statute.
17
MR.O'HARE: From the metal surface up would
18 MAYOR MORGAN: Under your argumentitwouldn't
18
be a quarter inch. The entire photovoltaic film is
19 malterwhat color It is, what shape O is, what
i9
only a quarter Inch thick or maybe
20 design Itis. You pul icon a root
20
three-sixteenths.
21 MR. ROEDER: That Isbasically —Yes,sfr.
21
Below the metal mofisyourstandard
22 Thais basically what the state statute says.
22
waterpmorrng membrane, insulation and the runners
23 MAYOR MORGAN: Okay.
23
of the thermal collective waterlines.
24 MR.O'HARE: But Ii I might add, Mr. Morgan,
24
Butihat wouldn't change the apparent
25 we are hereto cooperate with the town. Tithe
25
elevation of mof from the street. itweuld still
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1 look the same as It does now. Page 33
1
What is the— When this is installed, what is P2gaa5
2 COMMISSIONER WHITE, SoRwon'lbeany—It
2
the guaranteed life? Do you have a—In other
3 wonlbelhicker—
3
words, what kind of-
4 MR. O'HARE: Oh, it's not going to be some
4
And I am asking this maybe for anyone else in
5 thick sandwich.
5
the roam that would even consider doing this on
5 COMMISSIONER WHITE It looks—From this
6
their own homes.
7 diagram It looks—
7
MR.O'HARE The technology now making -
8 MR.O'HARE: The common term solar sandwich
8
what's it called - poly —polyprapylene tubing,
9 refers to the entire roof system from the rafters
9
which is now used for plumbing throughouHhe
10 up.
10
country, has a life of 40 years.
11 COMMISSIONER WHITE Yeah. The coils are In
11
But i would point out when you pay 50,00D for
12 then: too. How large are they?
12
a Mercedes, that's obsolete in 15 years. Maybe not
13 MR. UHARE. I'm sorry?
13
a Mercedes, but my Ford
14 COMMISSIONER WHITE: The coils that—
14
So making an investment In something we know
15 MR. O'HARE: Oh, that's half inch pipe or
15
Is going to someday be replaced issoit of
16 three-eighths— I'm sorry, three-eighths I.D.
16
comparable to any roof In town. Shingle roofs are
17 pipe. So its only like this.
17
guaranteed or usually warranted for 12 to 15 years.
18 COMMISSIONER WHITE Small.
18
Concrete file roofs 40 years, Although most
19 COMMISSIONER GANGER: And hot water circulates
19
concrete Tile roofs are replaced in 20 years. So
20 through those pipes?
20
ft's really— It's all a temporary solution.
21 MR. O'HARE: IV&starts out cold.
2f
COMMISSIONER GANGER: I wasn't'really debating
22 COMMISSIONER GANGER: I understand that.
22
the subject. I was really trying to understand
23 MR.O'HARE: Takes—Sony.
23
when you first saw this system and said, gee, that
24 COMMISSIONER GANGER: It gels hot.
24
would be good for me, the question i would ask is,
25 MR.O'HARE:Itgelshotandgoesloathennal
25
and you would ask It I'm sure, Iswhal'sthe life
1 storage tank. Page 34
1
ge36
of this system? In other words, is this something
2 COMMISSIONER GANGER: Storage tank, which in
2
that's going to degrade quickly because the metal
3 tum heats your hot water?
3
will rust or who knows what—what itis.
4 MR.O'HARE. Yes. It's a backup tank.
4
1just don'lthink, you know —Again. good
5 COMMISSIONER GANGER: And what you're willing
5
for you for trying something new. But also good
6 to do is, I guess, invest in a probably more
6
for us that, you know, if this thing becomes a
7 expensive roofing system in order to save money on
7
liability, thats not good for you or the town o1
e your hat water, as well as be a goad citizen, and
8
your neighbors.
9 all of the above.
9
SoI'm just trying toget anunderstanding.
19 MR. O'HARE: Yeah.
10
Is then: anything in this system that says Its
11 COMMISSIONER GANGER: Again, I was trying to
11
terribly dtfferenl from any other roofing system
12 figure out economics. You're paying $37,000 for a
12
that one might put on the same house in the some
13 roof. You'd be paying—You have to put a roof on
13
location?
14 soonerorlater.
14
MR.O'HARE: Yeah. I anticipate the
15 MR. O'HARE: Yes.
15
funclicnaiity of being 20 to 30 years. However,
16 COMMISSIONER GANGER: And what you're trying
16
advances in technology I think will make this
17 to do Is get adouble dip here. You put a roof on,
17
system obsolete only because there are much more
18 and yougetabenefit that Inturn helps pay for
16
effective technologies that will ba invented. And
19 itself by healing your hot water, is that afalr
19
it's very possible in 20 years that will make
20 statement?
20
economic sense to tear the whole thing off and do
21 MR. O'HARE Yeah. From my observation,
21
something even better. But I'm willing to do IhaL
22 renewable energy Is not an economic treatise as It
22
MAYOR MORGAN: Okay. Any other questions of
23 Is.
23
Mr. O'Hare or his attorney relative to the issues
24 COMMISSIONER GANGER: I guarantee you will not
24
on appeal?
25 pay out an yourinvesimenL
25
MR. ROEDER: If I just might offer a footnote.
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We talk about these three layers, two layer Page 37
1
COMMISSIONER GANGER: May I respond, becgaeuse
2
sandwich above and below the metal roof. The layer
2
turmoil was meanito mean they had lost same
3
below, the thermal below is really personal.
3
people, they have excessive workload relative to
4
That's his personal power. But the layer above can
4
the people they've lost. I was really simply
5
actually generate electricity back to the town.
5
saying that there is a risk that they will not do
6
MAYOR MORGAN: The composition of it really
6
the full job that they might otherwise have done.
7
doesn't seem to be the issue. The issue is
7
MR. O'BOYLE: That's exactly what I'm saying.
B
whether, as you slated It rather eloquently, the
8
COMMISSIONER GANGER: And I think If you're
9
interlocal agreement and the code if vitiated by
9
going to ask that question of Palm Beach Counlywho
10
stale statute. It seems to me that's the basis of
10
used to do our permitting, it's the same there too.
ii
your appeal, and thafswhat weshould bevoting
I
MR. O'BOYLE:Iunderstand. Ithink you and 1
12
on.
12
are saying Identically the same thing.
13
MR. THRASHER: One final comment?
13
1 know very little about what Mr. O'Hare Is
14
MAYOR MORGAN: Yes, sir.
14
looking far. I do know that the Interlocal
15
MR. THRASHER: Reiterate the fact that my
15
agreement does say that the construction elements
16
denial and review of the permit had nothing to do
16
have been yielded to Delray.
17
whatsoever with the idea of pmhibiling the
17
So I think this board really should not be
18
installation of any energy based renewable energy.
IS
gelling your ringers into that pie. As to the
19
MAYOR MORGAN: Right, and you said that, And
i9
stale statute and the local ordinances, I haven't
20
1 think the panel acknowledges that we do offer—
20
looked at it, and 1 really don't know.
21
the codes allows renewable energy equipment an
21
What I do know is the man hasn't had a root
22
mots.
22
foralongtime. Ithinkweall agree lhatwe're
23
The issue was whether this particular roof
23
seeing more and more metal mors. And I think
24
being a metal one would be permitted.
24
perhaps this would be a good opportunity. Has
25
Any other questions?
25
doing It a green roof, a metal rooL They're
1
if not, do I hears motion? Page 39
i
highly attractive nowadays. Page4D
2
COMMISSIONER GANGER: I make the motion to
2
And I would askthe board to perhaps—maybe
3
sustain the appeal.
3
this Is the lime that they. break their malden.
4
MR. O'BOYLE: Excuse me, Mr. Chairman, does
4
And I thank you all for allowing meso speak.
5
the public get a chance to speak an this
5
MAYOR MORGAN: Thank you, sir.
6
application?
6
Yes, ma'am?
7
MAYOR MORGAN: Mr. O'Boyle, you may speak
7
MS.WIBBELSMAN: May I speak for a moment,
8
MR.O'BOYLE. Thank you.
B
please?
9
MAYOR MORGAN: Let's withhold.
9
MAYOR MORGAN: You may.
ID
COMMISSIONER GANGER: I'll withdrew the motion
10
MS. WIBBELSMAN: Good morning. Nancy
11
because of it being interrupted.
11
Wfbbelsman.
12
MR.O'BDYLE: Thank you. And good morning,
12
MR. RANDOLPH: Move the mike down.
13
everyone. I'll just be very, very brief.
13
MAYOR MORGAN: Can you pull that mike down?
14
Mr. Ganger, Mr. Chairman, had made the comment
14
MS. WIBBELSMAN: Good morning, Nancy—No.
15
that Delroy Beach is in turmoil. That being the
15
UNIDENTIFIED SPEAKER: You want to sing?
16
case, it becomes concerning to me. Because if
16
MS. WIBBELSMAN: You definitely don'twant me
17
they re in turmoil and they cannot properly review
17
to do that. I don't need a microphone.
18
building plans, then they put us all into harm's
18
Just one question. You might ask to see a
19
way. And perhaps I dont know what exactly-1
19
picture of it We thought about doing a
20
used to know- the Interlocal agreement says, but
20
sustainable mof in California. And we couldn't
21
if there is a tennmatlon provision or if there Is
21
find one that was not going to be really offensive
22
some type of remedial provision, you may want to
22
for aur nelghbors. And so we elected Motto do it.
23
look atthat because, of course, we don't want to
23
We wanted to do 11, A, to be sustainable.
24
have an operation in turmoil making major decisions
24
But, B, because you have hurricanes, via have
25
such as approvals.
25
earthquakes. We thought itwouldbegreattohave
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some of our own energy in case of a natural Page 41
1
exactly like any other metal roof, except it's a Page 43
2
disaster. But we decided that we would cause a
2
little bit thickerbecause it's golthe thermal
3
neighborhood dsaslarIncomplaints Ifweput it
3
down undemeathwhich Issandwiched.
4
up, so we walked away from IL
4
MAYOR MORGAN: Okay. Thank you.
5
If you have an opportunity to see photographs
5
MR. RANDOLPH: Why don't we becauseofwhat
6
before you vole, I would recommend it.
6
Mr. O'Boyle said, and I thank him for pointing that
7
MAYOR MORGAN: Thank you.
7
out, ask for any ex parte communications in regard
8
MR. O'BOYLE: Excuse me, Mr. Chairman, as to a
13
to this matter before you have avote.
9
point oforder. lhad forgot tosay this, and 1
9
MAYORMORGAN: Have there been anyexparte
10
apologize.
10
communications byany commissioners relative to
11
COMMISSIONER GANGER: Couldyou go back to the
11
this application?
12
microphone, please? Only because Wslhe onlyway
12
COMMISSIONER STANLEY: No. None.
13
you can record your comments.
13
MAYORMORCAN: No? Ilhinkwe-
14
MR.O'BOYLE: That's fine. Again 1 apologize,
14
Mr. Boardman?
15
but I meanito asklhis when I was here. Was
15
MR. BOARDMAN: May I just ask a question?
16
anyone swomIn?
16
MAYOR MORGAN: Iguess have you been sworn in?
17
MAYOR MORGAN: Good question.
17
MR. BOARDMAN: I swear to tell The whole truth
18
MR. RANDOLPH: No, they were not.
18
and nothing butthe truth.
19
MAYOR MORGAN: Error. I don'tthink they
19
MAYOR MORGAN: Thank you, sir.
20
were. Let's do it ff wa can a retroactive—
20
MR. BOARDMAN: If I'm headng what's going on,
21
MR. RANDOLPH: Sure.
21
I'm hearing asituation where, to narrow down to
22
MAYOR MORGAN:—swearing In.
22
one issue, whether or not therces preemption by
23
MS. TAYLOR: Stand. Those that have spoken,
23
slate law.
24
or that want to speak, please stand.
24
Is it the practice of the commission to make
26
(Oath administered.)
25
decision on an issue like thatwifhoulthe
1
VARIOUS MEETING PARTICIPANTS: I do.Pago42
1
commission and the town having the opportunity to Page 44
2
MR. RANDOLPH: And in regard to everything
2
gat—have a legal opinion that that is a
3
that's been said.
3
legitimate way to view It? There has been
4
MS.TAYLOR: Right
4
preemption?
5
VARIOUS MEETING PARTICIPANTS: I do.
5
MAYOR MORGAN: Well, 11 seems to me there was
6
MAYOR MORGAN: Thank you, Mr. O'Boyle.
6
a finding made by the staff that's been appealed.
7
MR.O'BOYL.E: You're very welcome.
7
Argument was made by counsel for lhaapplicant and
8
MAYOR MORGAN: Any other comments from the
8
responded to by stag.
9
panel?
9
1think itsWithin our --
10
If not, then lei's tum to a motion on this.
10
MR.'BOARDMAN: Just a question of how you
11
COMMISSIONER GANGER: I think
11
usually handle something like this. You had a
12
Mrs. Wibbelsmes comment deserves an answer. Is
12
legal cptnion here on behalf the appellant.
13
there a picture other than the one that was in our
13
1 just wonder Is it customary to rely an that
14
packet?
14
opinionratherlhan having your own? That's my
15
COMMISSIONER STANLEY. Iasked for an
i5
question.
16
example—
16
COMMISSIONER GANGER: Alayman'sansveriothe
17
COMMISSIONER GANGER: Yeah.
17
question is I don'tthinkthis has ever happened
18
COMMISSIONER STANLEY: — broadly. And, you
18
before 1n the amount of time that I've been here.
19
know, it was stated I guess it was by the applicant
19
MAYOR MORGAN: Yeah. That's a point I was
20
It was too new, hadn't been In the state. Not
20
going 10 make.
21
to —not to misquote.
21
COMMISSIONER GANGER: And I guess I gat back
22
MAYOR MORGAN: There is sample equipment
22
to the first question that I asked of the town
23
attached to our packet.
23
allamayiswhafstiext? Because really what
24
MR. ROEDER: Yeah. There is sample equipment.
24
they're asking forts the opportunity to be able to
25
As far as a finished product, It looks almost
25
take this concept to the Delray Beach building
0
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1
department who will have to decide on our behalg f e46
1
all the rebuttal, and have you heard from your Page 47
2
whether or not it's conslmctable. And than it
2
staff?
3
comes back to the Architectural Review and Planning
3
MAYOR MORGAN: I believe we have, uh-huh.
4
Board who has to decide whether or not it meets the
4
That position was clarifying a motion.
5
broader criteria Ofcompatibfiityand soforth. So
5
MR.RANDOLPH: In answer to your question,
6
its kind of a step-by-step process.
5
yes, state statutes can preempt local ordinances.
7
MAYOR MORGAN: 1 don't think so. I thinkwhat
7
The issue has been stated, I think by your chair,
8
they're saying, the ordinance described it rather
8
is thatyau look at the ordinance that's been -
9
succinctly, that our code is not relevant to this.
9
statute that's been ciled,163.04, which says that
10
As long as there is renewable energy equipment to
10
notwithstanding any provision of this chapter or
11
be placed on that ro of, and I think Mr. Baader
11
other provisTonofgeneralorspecial law, the
12
acknowledged It, frankly it doesn't matter what
12
adoption of an ordinance by a governing body as
13
they put on there so long as it would be otherwise
13
those terms are defined in this chapter which
14
compliant with building codes. And thal'sthe
14
prohibits or has the effect of probibitingthe
15
issue before us.
15
installation of solar collectors, clotheslines or
16
It seems to me If you're persuaded by that
16
other energy devices based on renewable resources
17
argument, then the statutory documentation that was
17
is expressly prohibited.
18
included in our packet that you can vole in — in
18
So you should apply that law based upon the
19
that direction.
19
evidence that you heard here this morning and make
20
if you're not based an the testimony of the
20
a determination as to whether or not the appellant
21
town manager and Mr. Minor, then you would vote in
21
is cored that the state law precludes
22
the other direction.
22
Mr. Thrasher from having made the decision he made
23
COMMISSIONER GANGER: Uh•huh. Well, it's
23
to not allow this particularrcof.
24
certainly a matter of public record that the state
24
MAYOR MORGAN: Does that clarifyforyou?
25
does encourage energy renewable building code.
25
COMMISSIONER ORTHWEIN: Absolutely.
1
That's baked into what the state — Its in the Page4s
1
MAYOR MORGAN: Let's proceed. There was a4e
2
policy. If Mr. Hager had still been here, he would
2
motion being formed.
3
have probably supported the fact That this is
3
COMMISSIONER GANGER: I forgot what 1 was ,
4
something the state wants done.
4
going to say.
5
MAYOR MORGAN: I believe there was testimony
5
MAYOR MORGAN: Well, somebody else want to
6
that we do follow that—that statutory direction
6
lake a stab at it?
7
aswell. We do allow energy saving equipment on a
7
COMMISSIONER STANLEY: I have a quick
8
roof. We have procedures for
8
question. I'll try not to delay, Mr. Mayor.
9
The question is do the void the code with
9
On the appeal from this part of this process,
10
respect to roofing altogelherbecause of the
10
is there —The final decision has to be made
11
renewable energy statute and the interlocal
11
today, Mr. Randolph, as far as the vole on this
12
agreement cited by Mr. Roeder.
12
issue by this board hearing the appeal?
13
COMMISSIONER ORTHWEIN:Isltatrue faclihat
13
MR. RANDOLPH: If you're not prepared based
14
the stale has precedence over anyone else? That's
14
upon the evidence that you've heard to make a
15
the only question..
15
decision today, you could defer it for further
16
COMMISSIONER GANGER: Well, the language of
16
testimony. But It should be based upon further
17
this —
17
testimony and not in regard to any independent
16
MR. RANDOLPH: What was the question?
18
investigation that you might make in regard to
1s
MAYOR MORGAN: Is it accurate that state
19
this. It should be based upon the testimony that's
20
statutes take precedence over local ordinances.
20
been presented by the appellant and by evidence
21
COMMISSIONER ORTHWEIN: I think that's whal
21
that has been presented by the town manager.
22
Mr. Boardman was asking.
22
COMMISSIONER STANLEY., Thank you.
23
MR. RANDOLPH: Yes. But can vie establish
23
MAYOR MORGAN: And so thats really the issue.
24
something? Are you in executive session now? Have
24
Looking an page one, the section the town attorney
25
you heard all from the public, and have you heard
25
read, is whether the adoption of an ordinance that
O
ES Q
800.21 i.DEPO (3376)
z o l�
EsoufreSolullons. com
A43
PUBLIC HEARING
May 09, 2014
TOWN OF GULF STREAM, FLORIDA
49-52
1
Is our code prohibits or has the effect of Page 49
i MR. RANDOLPH: You also mentioned lha twe ask
2 prohibiting solar collectors and other— clothes
2 Itbe moved into the record the writ of cari orad
3
lines and other energy devices based an renewable
3 on the past application and the town managees
4
energy. In otherwards, does our code do that
4 report
5
If you believe it does, then you vole in one
5 COMMISSIONER STANLEY: Right Weaskto be
6
direction. If you believe that It does not
6 put Into the record the writ of certiorari and the
7
prohibit, then you vole in the other.
7 town managers report.
B
COMMISSIONER GANGER: Well, I think there the
a MAYOR MORGAN: Is there a second?
9
issue may very well be that portion of our code
9 COMMISSIONER GANGER: Second.
10
which says It must be— must not bevisible from
10 MAYOR MORGAN: Rila?
11
the street.
11 MS. TAYLOR: Commissioner Ganger?
12
MR. RANDOLPH: That's not the issue. The
12 COMMISSIONER GANGER: Yes.
13
Issue—
i3 M6.TAYLOR: CommisslonerStanley?
14
COMMISSIONER GANGER: 1 realize lhal's not the
14 COMMISSIONER STANLEY: Yes.
15
Issue. But I'm Wing tothink astep ahead, which
15 MS.TAYLOR: Commissioner While?
16
is if one were able— It's just depending an which
16 COMMISSIONER WHITE., No.
17
way his house is. Where Is the south? And where
17 MS. TAYLOR: Commissioner Odhwein?
18
do you want to face? You know, what are —what
18 COMMISSIONER ORTHWEIN: Yes.
19
arewegetting ourselves Infor here?
19 MS.TAYLOR: Mayor Morgan?
20
MAYOR MORGAN: The issue is whether or not
20 MAYOR MORGAN: Yes.
21
this applicant could heat water through an energy
21 Thank you very much.
22
saving piece of equipment on his roof in the Town
22 We'll move on to reports. Mr. Brandon?
23
of Gulf Stream.
23 (The proceedings on this Issue were
24
COMMISSIONER GANGER: Uh-huh.
24 concluded)
25
MAYOR MORGAN: And that testimony is, indeed,
25
1
he could, but not by this method because it Page50
1 C L R T i F 2 C A T E Page 52
2
conflicts with the code's prohibition against
=
3
roofs. There IL
a sm,c oe FIL0.3DA
4
The applicant cites the state statute that
+ Wl aF roof Z=fl
5
counsel and 1 just read and says that he believes
S
6
that cc do prevision Is aprohibllion.
c
7
The town managersays, no, it's not a
7_. aatn3aaa x.,s, A^pL-eezed Pm[vcivnai
8
prohibition, we allow iL Just not wllh a metal
r PePasser, �t< as n= , at v:a=, � y
9
roof.
9 aulnvrL-ca =P and did aten=gcaPhirally xerev ehe
10
That's what is before us right now. So if
an wvn Pms=drnpa and xha=
11
someone would like to phrase the motion on the
li and C. I=t= .... a! W aCcnegvphie nom.
12
appeal of this adminislmlfva decision, l would
u Fated w uen dor =e car, znu.
13
appreciate it.
14
COMMISSIONER STANLEY: Okay. I'll make a
15
motion to deny the applicant's appeal to place a
16
solar sandwich metal root on his home In the Town
M= Mr��==
17
of Gulf Stream pursuant to the application before
17
i8
us.
IS-
MR. RANDOLPH: And would you In the Motion
20
slate your reason fortherecord?
�P
21
COMMISSIONER STANLEY: The reason being that
a
22
the—that the Town of Gulf Stream under Its local
u
23
ordinances does allow for Installation ofsolar
r,
24
collectors, clothes lines and other energy devices
36
25
based an renewable resources.
u
O
ESQUIRE
800.211.DEPO (3376)
e a t P,, P a%
EsnuireSnhr11nnc_rnm
A44
" ' 1
rage 1 011
From: "Marty Minoe'<vMnor@udk-stadios.cDm>
Date: Friday, February 14, 201410:03 AM
To: "Bill Thrasbe'<bthrashrr@gulf-stream.org>
Cc: "Freda Defasse" <ldefbssc@gu1f-s1rcam.org>
Attach: 2520 Avenue An Soliel Solar Sandwich Roof System Memo 021414.pdf
Subject: 2520 Place An Soleil - Solar Sandwich
Bill,
Attached for your review and use is my memorandum regarding the proposed solar sandwich roof system at
2520 Avenue Au Soleil.
If you have any questions, comments or revision, please feel tee to let me know.
Thank you,
Marty
Marty R.A. Minor, AICP
Urban Design Kilday Studios
The Offices at City Place North
477 South Rosemary Avenue, Suite 275
West Palm Beach, Florida 33401-5758
561-366-1100
thd, b,fricei at CilyPidice 14brih I ff. (S-61) 366A I00
urban P.
Avenue. SON --225 I366 1111
-
d 477 S RUsemory o6if*P'Clfff�-i-Be-o-ch. h-bilcio.33401WWW.0dl�itu al6s.
cori
ki 1 (3
STQ WQ'..S" ..Urban Plahnlng and Design Ldddi6p6 Architecture I Claoinun1kcifid.n Giophlcl
A45 5/7/2014
" ' 1 1
MEMORANDUM
TO: William Thrasher
Town Manager
FROM: Marty R.A. Minor, AICP
DATE: February 14, 2014
RE: 2520 AVENUE AU SOLEIL
- SOLAR SANDWICH ROOF SYSTEM APPLICATION
k[ t d?
STUDIO
Urban Planning and Design
Landscape Architecture
Communication Graphics
A permit application for a "solar sandwich" solar thermal collection system to replace the
existing roof at 2520 Avenue Au Soleil within the Place Au Soleil neighborhood has been
submitted to the Town for its review.
Request
According to the submitted application materials, the proposed "solar sandwich" solar
thermal collection system would replace the existing roof with a metal standing seam roof
which incorporates the energy -collection system. With the proposed system, a dark blue
photo voltaic film would be adhered to a standing seam metal roof. The metal roof is
affixed upon a soiarthermai collector network consisting of thermal purlins and tubing. The
proposed solarsandwich roof system will be used to generate powerforthe home.
The 0.44 lot with a residential home is located within the Place Au Solell neighborhood. The
site has a SF (Single Family) Future Land Use designation and RS -P (Residential Single Family -
Place Au Soleil) zoning designation.
Analysis
The Town's Code of ordinances addresses both metal roofs and solar panels. Section 70-99.
Roof design, slope and materials. of the Gulf Stream Design Manual expressly prohibits
"Metal roofs (except unpainted copper when used as a decorative accent or on minor
accessory structures)" and "Solar panels on the streetside." Section 70-187. Table of district
standards. prohibits metal roofs, unless an engineer can certified that the existing roof will
not support a tile roof.
Florida State Statute Section 163.04 forbids local governments from prohibiting the
installation of "solar collectors, clotheslines, or other energy devices based on renewable
resources." Although the Town's review Is limited by state statutes, the Town may look at
other planning issues.
The following are planning issues raised by the referenced application
forthe solarsandwich roof system. These issues are: 477 S. Rosemary Avenue
Suite 225 -The Lolls at CityPlace
West Palm Beach, FL 33401
551.365.1100 551.366.1111 fax
www.UDKstudlos.com
H:UDBSlGulrStream 94.012@520 Avenue AuSole1117520Avenue AuSole) Solar SendwlehRoof system LCC35
Memo 021414.doo
A46
Mr. William Thrasher February 14, 2014
2520 Avenue Au Soleil Solar Sandwich Roof System Page 2
Conformance with Florida Building Code
The proposed roof system is manufactured by the Englert, Inc, a New Jersey metal roofing
company. An Englert representative has Informed the Town that "solar sandwich" roof
system is not a certified roofing system under the Florida Building Code. The applicant will
need to provide evidence that the proposed roofing system is compliant with the Florida
Building Code prior to any consideration forthe subject permit application.
Non -Conforming metal roof
As stated above, the proposed roof system incorporates a dark blue photo voltaic film on
top of a standing seam metal roof. The Town's Code of Ordinances expressly prohibits
metal roofs within the Town within Section 70-99 (3) and Section 70-187. As such, metal
roofs are not permitted under the Town's Code.
Recommendation
For the reasons outlined In this memorandum, the requested solar sandwich roof system is
not consistent with the Town's Code of Ordinances. As such, the application is
recommended to be denied.
A47
rage i of n
From: "Baird,Thomas )"<Maird1&onesfasteccom>
Date: Wednesday, Match 26,2014 10:33 AM
To: "Bill Thmsher" <btbrasber@galf-stream.org>
Subject: FW: Gulfstream- 2516 Ave. An Solei
Bill, please see the email from Marty below. I will work on his staff report today and incorporate this
information into It. Please remind me of the date you need his report for distribution to the
Commission. Also, I discussed the sign code with Skip yesterday and he has requested that I lake the
lead on this matter. I am beginning that effort by looking at some codes from other communities that I
understand have recently amended their codes because of threatened litigation. I probably will not be
able to begin drafting anything until next week.
JONESFOSTER
10IU.Nign mipeirL
Thomas j. Baird Florida Bar Board Certified City, County andLacal GovcrnmentArtomey
DirectDinl: 561.650.8232 1 Fax 561.746.6933 1 tbaird(a)ionesfnstencont
Jones, Foster, Johnston & Stubbs, P.A.
801 Dlaplcwood Drive, Suite 21--A-Jupiter. Florida 33458
561-659-3000 1 vmw.ionesfostencom
U.S. Treasury Regulation Circular 230 requires us m advise you that writren communications issued by us are not
intended to be and clnnot be relied upon to avoid penalties that may be imposed by the Intcmnl Revenue Scmice.
Incoming entails are filtered which may delay receipc This email is personal to the named recipienr(s) and may be
privileged and confidential. If you are not the intended recipient, you received tris in eaor. If so, any review,
dissemination, or copying of this email is prohibited. Please immediately nodfy us by email and delete the original
message.
From: Marty. Minor [mailto:MMtnor@udkstudics.com]
Sent: Wednesday, March 26, 2014 9:25 AM
To: Baird, Thomas 3.
Subject: Fwd: Gulfstream - 2516 Ave. Au Solel
Tom,
I had my office confirm that the solar sandwich roof is NOT permittable by building code. See below.
Cheers, marty
Sent from my iPhone
Begin forwarded message:
From: Nicole Simpson <ns1moson@udkstudlos.com>
Date: March 25, 2014 at 4:1536 PM EDT
To: Marty Minor<MMinor@udkstudios.com>
Subject: RE: Gulfstream - 2516 Ave. Au Solei
A48 5/7/2014
rage or.s
You can deal with this when you get back, but figured I would email now and you an read later so
I don't forget
Ok, i finally heard back from Englert and spoke with an architectural representative from the
Company named David Handler. He said thatthe system is currently not permittable in Florida.
The company has a 3rd party working with the State of Florida to get approved to use in Florida.
They have applied to have the product permittable and waiting to hear back on their request Itis
not a fast moving process, and David said that it would probably take a year before the solar
sandwich roof system is permittable in Florida.
Nicole R. Simpson, n:e7 AP
Urban Design Kilday Studios
477 South Rosemary Avenue
Suite 225—The Loffs of Cityplace
West Palm Beach, FL 33401
P 561 /366-1100 x116
F 5611366-1111
nsimpson@udksiudlos.com
Please be aware that when we send electronic data out of our office, we do not have
control over how the information is subsequently used. We request that you do not provide
this electronic file to any third party.
APlease wmtder the envimnmentherare printing thtse-mail
From: Marty Minor
Sent: Tuesday, March 25, 2014 9:58 AM
To: Nicole Simpson
subject: Re: Gulfstream - 2516 Ave. Au Solei
Good information. Please all an Englert representative and ask the specifically if the solar roof
system is permittable in Florida.
Thanks, marty
Sentfrom myiPhone
On Mar 24, 2014, at 11:40 AM, "Nicole Simpson" <nsinlnson(@udkstudios.com> wrote:
Marty,
I have been doingsome research this morning regardingthe solarsandwich roof
system by Englert Not sure if I am going in the right direction or not ...but figured id
email you what I have found so far.
I haven't really found what products are approved by different states, it seems to be
more of what categories are given tax credit for. Below is the federal site that talks
about that and they talk about solar energy as one of the categories that it might fit
in.
http://tvww.enerevstar.gov/Index.cfm?c--tax creditstx index
A49 5/7/2014
rage a ui �
In an article by the clean energy authority it states that the solar sandwich system is
eligible for federal as well as state rebates and other incentives. (Is this what you are
trying to get me to look for7)
http://www.clean en ergya uth o ritV.co m/sola r-energy-news/enol ert-iritro d u ces-ov-
solar-h ot-water-roof-110911/
This website gives you solar incentives and rebates by state, county, city and utility as
well as federal government solar incentives and rebates:
httn: //www.cl ea n ene[gyautha ritv.co m /solar -rebates -a nd4n centives/
California is providing Incentives to businesses and home owners to go solar through
a program they are trying to implement by 2016
htti3://www.gasolarcallfamia.ca.gay/about/index.php
Nicole R. Simpson, rEmaP
Urban Design Kilday Studios
477 South Rosemary Avenue
Suite 225—The Lofts at Cityplace
West Palm Beach, FL 33401
P 561/366-1100 x116
F 5611366-1111
nsimpson@udkftdios.com
Please be aware that when we send electronic data out of our office, we do
not have control over how the information is subsequently used. We request
that you do not provide this electronic file to any third party.
APlease comider the envtranment before printing this e-mail
A50 5/7/2014
MEMORANDUM SCI i ami
STUDIOS
TO: William Thrasher
Town Manager
Urban Planning and Design
Landscape Architecture
FROM: Marty R.A. Minor, AICP Communication Graphics
DATE: March 31, 2014
RE: 2520 AVENUE AU SOLEIL-SOLAR SANDWICH ROOF SYSTEM APPEAL
Preface
You have forwarded to me the Application for the Appeal of Final Action by the Planning &
Building Administrator (Appeal). The Appeal is of the Town's denial of a permit for a
standing seam metal roof for the property located at 2520 Avenue Au Soleil. The Appeal
was submitted by Chris O'Hare on February 5, 2014.
Background
The application which is the subject of the Appeal was submitted to me to evaluate whether
it complied with the Town's Code of Ordinances (Code). On February 14, 1 authored a
memorandum to you wherein I recommended that the application for metal roof be denied.
Mr. O'Hare's application proposed a metal standing seam roof which incorporates a solar
thermal energy-collectian system. This system incorporates a dark blue photo voltaic film
applied to a standing seam metal roof. The standing seam metal roof has affixed to it a
solar thermal collector network which consists of thermal purlins and tubing which Is used
to generate power for the home. This system is commonly referred to as a "solar
sandwich."
Analysis
Mr. O'Hare's property is a 0.44 acre lot with a residential home is located within the Place
Au Soleil neighborhood. The lot has a SF (Single Family) Future Land Use designation and
RS -P (Residential Single Family -Place Au Soleil) zoning designation assigned to It The basis
for the denial of the proposed standing seam metal roof with the incorporated solar
thermal energy -collection system is that Section 70-99 of the Code expressly prohibits
"Metal roofs (except unpainted copper when used as a decorative accent or on minor
accessory structures). Section 70-187. Table of district standards. prohibits metal roofs,
unless an engineer can certified that the existing roof will not support a
the roof.
477 S. Rosemary Avenue
Suite 225 -The Lofts at CltyPlace
West Palm Beach, FL 33401
551.356.1100 561.366.1111 fax
twrw.UDKstudias.com
H:UDBS1GuIf5tream 94.01212520 Avenue Au 6ole102520 Avenue Au Sofe115olar Sandwich Appeal Staff LGC35
Reportdoc
A51
Mr. William Thrasher February 14, 2014
2520 Avenue Au Soleil Solar Sandwich Roof System Page 2
The proposed roof system is manufactured by the Englert, Inc., a New Jersey metal roofing
company. An Englert representative has informed the Town that "solar sandwich" roof
system is not a certified roofing system under the Florida Building Code. The applicant will
need to provide evidence that the proposed roofing system is compliant with the Florida
Building Code prior to any consideration for the subject permit application.
Florida Building Code
The roof system which Mr. O'Hare proposed is manufactured by Englert, Inc, a New Jersey
metal roofing company. According to David Handler, who is an architectural representative
for Englert, Inc., the roof system is currently not permitted in Florida because this product
has not been approved for use pursuant to the Florida Building Code.
Conclusion
The roof system proposed by Mr. O'Hare, which relies upon a standing seam metal roof Is
neither consistent with the Town Code, nor the Florida building Code. Sections 70-99(3)
and 70-187 of the Town Code expressly prohibit standing seam metal roofs. Therefore, the
plans for the proposed roof system could not have been approved by the Planning and
Building Administrator. Moreover, had the plans been approved the Building Official could
not have issued a building permit for it because it Is not currently a permitted building
product pursuantto the Florida Building Code.
A52
rade i ui z
From: "Bill Thrasher" <bthrasher@gulf-stmam.org>
Date: Tuesday, April 0I, 2014 2:22 PM
To: 'Rita Taylor" <RTaylor@guIf-stream.arg>
Attach: 2520 Avenue Au Soled Solar Sandwich Appeal StafrReporCpdt; 2520 Avenue An Soleil Solar Sandwich
Appeal StafFReportdoc
Subject: FW: solar sandwich memo
From: Bill Thrasher
Sent: Tuesday, April 01, 20141:32 PM
To: Rita Taylor
Subject: FW: solar sandwich memo
For administrative challenge.
From: Marty Minor(maiito:MMinor(a)udkstudios.coml
Sent: Monday, March 31, 20142:34 PM
To: Bill Thrasher; Baird, Thomas J.
Subject: RE: solar sandwich memo
Bill,
Here are the attachments.
Thank you,marty
Marty R.A. Minor, AICP
Urban Design Kilday Studios
The Offices at City Place North
477 South Rosemary Avenue, Suite 225
West Palm Beach, Florida 33401-5758
551-366-1100
urban 1irt3Of(fces 6t CtlyPlace Northi h (561) 3669100
�pr+ 477 S R6iemory Avenue, Suita 225 ( (561) 366 1111
WI�n West PalmBeach Florida 33401 www Ud{sludt0s'com
krl Maly
STQ6VP., "''Urfian Planninglarid D&Ign ( LoadscapeArchitirture ( Cammdakdfrdn Gial(ic.5
From: Bill Thrasher fmaiito:bthrasher(a auIF stream.oral
Sent: Monday, March 31, 2014 2:08 PM
To: Baird, Thomas J.; Marty Minor
Subject: RE: solar sandwich memo
I can't find an attachment from Marty.
From: Baird, Thomas J. [mailto:TBaird@ionesfoster.coml
Sent: Monday, March 31, 2014 2:00 PM
To: Marty Minor
A53 5(712014
S dsDL V1J
Cc: Baird, Thomasl.; Bill Thrasher
Subject: Re: solarsandwich memo
Thanks.
Sent from my iPhone
On Mar 31, 2014, at 1:51 PM, "Marty Minor" <MMinor(audkstudios.com> wrote:
Tom,
Happy Opening Dayto you, too. I have received the memo and have review it. It looks great. In
response to your question. The table I am referencing in within Section 70-187 of the Town Code
Bill,
Attached for your use is the appeal memorandum in Word and PDFformats.
Please let me know If you need anything else.
Thank you,
marty
Marty R.A. Minor, AICP
Urban Design Kilday Studios
The Offices at City Place North
477 South Rosemary Avenue, Suite 225
West Palm Beach, Florida 33401-5758
561-366-1100
<image002Jpg>
From: Baird, Thomas J. fmallto:TBairdtoafonesfoster.coml
Sent: Monday, March 31, 201411:24 AM
To: Marty Minor
Cc: Bili Thrasher (bthrasher(aoulf-stream.orol
Subject: solar sandwich memo
Welcome back, and to opening day. Please confirm you received my proposed staff report
for Gulf Stream. After you have reviewed it let me know whether it is sufficient and you can
transmit it to Bill Thrasher. Thanks.
<image003.jpg>
Thomas J. Baud Florida Bar Board Certified City, County and Local Government Attorney
Direct Dial: 56L650.8232 I F=561.746.6933 I tbaird(a2ionesfosteecom
Jones, Foster, Johosmn & Stubbs, P.A.
801 lvlaplewmd Drive, Suite 22 A Jupiter, Florida 33458
561-659-3000 1 wwWonesfostmcom
U.S. Treasury Regulation Circular 230 requires as to adiise you that written communications issued by
us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the
Internal Revenue Service.
A54 5/7/2014
us
Incoming emnils are filtered which may delay receipt This email is personal to tiu named recipients)
and may be privileged and confidential. If you are not the intended recipient, you received this in etrot
IFso, any revim,, dissemination, or copying of this email is prohibited. Please immediately notify us by
email and delete the original message_
<2520 Avenue An Soleil Solar Sandwich Appeal Staff Reportpdf>
<2520 Avenue An SDIeil Solar Sandwich Appeal StaffReport.doc>
A55 5/7/2014
SCOTT W. MORGAN, Mayor
ROBERT W. GANGER, Vice -Mayor
JOAN K. ORTHWEIN
THOMAS M. STANLEY
DONNA 5. WHITE
September 18, 2015
Christopher F. O'Hare
2520 Avenue Au Solei)
Gulf Stream, Florida 33481
Re: Roofing Permit No. 11-135146
Dear Mr. O'Hare:
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Telephone Telephone
(561)276-5116
Fax
(561)737-0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L TAYLOR
I am responding to your hand delivered letter to me by one of your attorneys, Mr. Lou Raider, esquire. With the letter
was a request for a permit revision, also dated September 16, 2016 and a sample of a roof tile "Ludo Slate Ceramic
Roof Tile" that you would like approved.
The original permit 11-135146 is inactive and may not be renewed or revised. The last inspection on this permit was
4/26/12. A new permit application for a re -roof on your structure is required.
In your letter you have made several claims and statements. In an attempt for you to better understand the Town's
position on this matter and also expedite the permit application process, the following information is provided.
• As previously explained to you and also answered by me in my deposition held by another one of your
attorneys, Mr. Mark Hanna, esquire, the predominant architectural style of your home is, by code
definition, Gulf Stream Bermuda. Although your letter states that you disagree, the Town's consultant
and the Town stand by this determination and conclusion.
• The Town agrees that the map you refer to does indicate the style of your home is "other various".
Although that designation is inaccurate the map is not the determining factor of the architectural style
of a home, but rather and more importantly, the architectural style is determined by the architectural
elements that exist on the structure.
• The sample of the tile you have provided is a flat red clay tile with a "fired" top finish applied. This
type of roof tile is prohibited for the architectural style of your home. Approval of this roof tile
exceeds my level of authority. Your options are to apply for a variance and/or challenge my decision
on this matter. The forms necessary for these options are available at Town Hall.
To assist you further, I refer you to the Town's Code, Division 3: "Gulf Stream Bermuda Style"; Section 70-238 "Roofs"
which is on the Town's website at www.gulf-stream.org.
llliam H. Thrasher, T wn Ma ager
c/ir.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Christopher F. O'Hare
2520 Avenue Au Solei!
Gulf Stream, FI 33483
561.350.7551
pinegd@gmafl.com
September 16, 2015
Via Hand Delivery
Mr. William H. Thrasher
Chief Administrator
Town of Gulf Stream
100 Sea Road
Gulf Stream, Fl. 33483
Re: Roofing Permit No. 11-135146
Mr. Thrasher,
,,p --.7�
RECEIVED -4
SEP 16 2015
Town of Gulfstream, FL
Enclosed Is my application to revise the existing roof permit for 2520 Avenue Au Soleil to Install
lightweight ceramic tiles Instead of the much heavier concrete tiles you originally approved.
As you know, my roofing permit has been temporarily held in abeyance as per the Florida
Building Code, to wit:
Sec 105.4.1.3
Work shall be considered to be in active progress when the permit has received
an approved inspection within 180 days. This provision shall not be applicable...
when the building work is halted due directly to judicial injunction, order or
similar process.
The town has adopted the Florida Building Code provisions as its own. Town Ordinance 9-9
declares "the City of Delray Beach serves as the town's building official and shall issue all
pe—rmitsfor the own. Section 4 of this ordinance repeals all town regulations in conflict. ince
Town code sec. 42-29 addresses the expiration of building permits issued by the coun and is
In conflict with Ordinance 9-9, it is subsequently repealed. Therefore the Town's code is silent
on the matter of this permit's status, leaving only the Florida Building Code sec. 105.4.1.3. for
guidance in this matter.
The City of Delray Beach also recognizes the active status of this permit as evidenced by
Page 1 of S
a screen shot taken today of their online Permit Verification Info page of 2520 Avenue Au Solel)
(copy attached).
I respectfully request you approve this application by way of a Level 1 architectural/site plan
review as provided by town code section 66-141:
Sec. 66-141(1) Projects requiring level l architectural/site plan review.
d. Changes in exterior wall, roofing, window, door, mailboxes, awning, or
column material, which are significantly different in color, texture, or appearance
than the existing materials.
I also respectfully request you review and approve this application per the zoning regulations
that apply to this specific property. I call your attention to the zoning map of sec. 70-208 (copy
attached). This map is part of the official zoning code of the Town of Gulf Stream. It identifies
the property at 2520 Avenue Au Soleil as "Other/Various Style."
As you are no doubt aware, this code may not be altered, modified or changed except by the
town commission as procedurally prescribed by Florida Statute. Please also refer to town code
SEC. 1-13:
Sec. 1-13. -Altering Code.
It shall be unlawful for any person in the town to change or amend, by additions
or deletions, any part or portion of this Code, or to insert or delete pages, or
portions thereof, or to alter or tamper with such Code in any manner whatsoever
which will cause the law of the town to be misrepresented thereby. Any person
violating this section shall be punished as provided In section 1-15.
Again, Sec. 70-208 clearly identifies the property at 2520 Avenue Au Solell as "Other/Various
Style" and therefore this property is not subject to any zoning regulations or design standards
Imposed upon owners choosing to build in "Gulf Stream Bermuda Style."
I note that despite the clear language of the town code, you asked town consultant, Marty
Minor with U0K Studios, to identify any Bermuda style characteristics on this property. To wit:
From: Bill Thrasher jmallto:bthrasherCla au/f-stream.ora, Sent: Wednesday,
September 19,10111:08 PM, To: Marty Minor, Subject: RE: 2510 Avenue Au
I am attaching a sheetfor your review that will indicate which is 2520. Also, if
you have to ride by, please do. Please identify all elements that can be associated
with GS Bermuda such as rectlllnear features that may be present. l need
a listing of all GS Bermuda characteristics.
Mr. Minor responded a little over an hour later as follows:
Page 2 of 5
From: Marty Minor MMinar(Mudkstudias.cam, Sent: Wednesday, September
19, 2012 2:15 PM, To: Bill Thrasher, Subject: RE., 2520 Avenue Au Soleil:
2520 Avenue Au Soleil incorporates various architectural styles, but the
predominantstyle is Gulf Stream -Bermuda. Consistent with the description
found in Sections 70-236 through 70-244, the home's simple, rectangular layout,
smooth stucco exterior and rectilinear windows help identify its style. Although
the existing barrel tile roof uses non -preferred materials, the low -pitch,
combination hip and gable style roof is a strong characteristic of the Gulf
Stream -Bermuda style.
Referring now to the Town code, it Is apparent that Mr. Minor misinterpreted the identity of
the characteristics of this property. He claims this property is predominantly "Gulf Stream -
Bermuda style" because of the following characteristics:
• simplerectangulorlayout
• smooth stucco exterior
• rectilinear windows
• low -pitch roof
• combination hip and gable style roof
in contrast with Mr. minor's conclusions, the town code identifies some of these very same
characteristics as "Spanish/Mediterranean Revival Style" and NOT "Gulf Stream Bermuda Style."
DIVISION 2. -SPANISH MEDITERRANEAN REVIVAL STYLE ARCHITECTURAL
STANDARDS
Sec. 70-218. - Roofs.
(a) Characteristics. Spanish and Mediterranean Revival roofs often exhibit a
combination of gable and hip roofs.
(b) ... Lowpitched roofs (6:12 slopes orless)
Sec. 70-221. - Exterior materials colors.
(a) Characteristics. (1) Stucco Is the primary Spanish and Mediterranean type wall
surface material utilized throughout the town. A smooth stucco finish with a
hand -troweled, modeled look is typical. i
And notably, most every other property Identified In sec. 70-208 as "Other/Various Style" has a
simple rectangular layout and rectilinear windows.
Page 3 of 5
Quite clearly this property exhibits a combination of architectural styles - as acknowledged by
Mr. Minor- and as such is correctly identified in the town's zoning code as "Other/Various
Style."
Finally, the Town's zoning code quite clearly establishes that the choice of architectural style is
at the discretion of the Property owner, to wit:
Sec. 70-96. -Intent
W Application.... Article V11contains additional specific standards for
homeowners wishing to use the Gulf Stream -Bermuda style or Spanish
Mediterranean Revival style.
Sec. 70-206. - Purpose.
Two styles of architecture have historically dominated the character of Gulf
Stream homes: Spanish Mediterranean Revival style and Gulf Stream -Bermuda
style. While the use of these two styles is therefore encouraged, it Is not
required.
That being said, I choose for my home to remain "Other/Various Style;" and 1 do NOT wish to us
any other style as described in the Town's zoning code. Therefore I respectfully request my
application be reviewed for compliance with ONLY those zoning regulations that control
proposals for improvements to "Other/Various Style" properties.
The two town zoning codes that seem to me to most apply to my application are:
Sec. 70-99. -Roof design, slope and materials.
Preferred, -Roof material true to architectural style
Discouraged. -Roof material uncharacteristic of architectural style or zoning
district.
I call your attention to sec. 70-4 which, further clarifies Sec 70-99 by qualifying the regulations of
sec. 70-99 to be discretionary.
Sec 70-4. - Naw to use this manual.
(r) Design standards.... The terms preferred discau[aged"arc
discretionary
The roof covering material proposed in the enclosed application Is a ceramic roof tile
manufactured by Ludowicl Tile Company. This same tile has recently been approved by the
Town and successfully installed on homes In town at 2423 North Ocean Blvd and 3545 North
Ocean Blvd. The variety of tile I have chosen is called "Ludo Slate" and the color is "Vermont
Grey Black" by Ludowid. You can view photos and product Information at
http://www.ludoslate.com/ludoslate.
Page 4 of 5
A physical sample of the proposed roof tile accompanies the permit revision application.
This roof tile meets Miami Dade Product Approval. It is significantly lighter than the originally
proposed concrete roof the and is acceptable to my structural engineer.
I believe the texture and color of this roof tile Is compatible with the "Other/Various Style" of
my home. This file is more expensive and a higher quality material than the typical concrete
tiles, wood shakes and asphalt shingles installed on other homes In my neighborhood. However
I believe it will be an aesthetic asset to my home, my zoning district and the Town.
I have only recently discovered this particular roof tile and I believe it to be a suitable
alternative to the metal roof covering I previously requested which was rejected by the Town. I
am anxious to Install this material as soon as possible because of the recent threat of Hurricane
Erika and there still being at least two more months of hurricane season remaining this year.
I encourage you to approve this application as soon as possible. Should you have any
questions, please call me. My cell number Is 561-350-7551.
Should you determine that this material is unacceptable or requires a lengthier review process
than Level 1, 1 request that you tell me specifically which portion of the Town code you base
your conclusion upon and exactly how you interpret that code to make your determination.
Sincerf
Chris O
Attachments
Page 5 of 5
3'152015
PermliVedfladw
,= Building Permits Self Service
<< .,,,;Should you require assistance, please call 561-243-7200.
When Permit is Ready, You Will Be Called With Total Fee Due. Permits are not ready for pickup until the
Building Dept status is'Approved'.
Permit Verification Info
Permit Address: 2520 AVENUE AU SOLEIL
Permit Description
Permit Status
Status Date
ALTERATION -INTERIOR & EXTERIOR -RESIDENTIAL
CLOSED
(/17/2015
RE -ROOF OF EXISTING STRUCTURE
APPROVED
6/21/2013
AIR CONDITIDNING REPLACEMENT
APPROVED
12/2/2011
DOOR REPLACEMENT/CHANGE OUT
CO. I5SUED
5/17/2011
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DIVISION 1. GENERALLY
DIVISION 1. GENERALLY
Sec. 70-206. Purpose.
Sec. 70-207. Styles unique to the town.
Sec. 70-206. Property survey.
Secs. 70-209-70-215. Reserved,
Sec. 70-206. Purpose.
Two styles of architecture have historically dominated the character of Gulf Stream homes: Spanish
Mediterranean Revival style and Gulf Stream -Bermuda style. While the use of these two styles is
therefore encouraged, it Is not required. The provisions of this article are intended for those choosing one
of these styles and are Intended to guide the pmcess of design for new construction as well as
remodeling and renovation.
Sec. 70-207. Styles unique to the town.
The style definitions contained in this article are unique to the town. Although these architectural
styles are used throughout South Florida and In other parts of the country, there are certain adaptations
of them that are unique to the town. Chief among these adaptations is a more formal and uncomplicated
use of form and materials than Is typically associated with these styles, particularly Spanish
Mediterranean Revival- Users of this chapter are therefore advised to closely study the standards
provided in this article and not rely solely on outside reference books or existing structures in other
communities for guidance on how to use these styles.
Sec. 70-208. Property survey.
A property by property survey was conducted In March of 1997 to identify existing homes designed
in the Spanish Mediterranean or Gulf Stream -Bermuda styles as defined in this article. This survey was
updated in October of 1999 to reflect architectural approvals granted In the proceeding 2% years. The
locations of these homes are shown on the map an the following page. These homes, as well as those
constructed after the date of the survey and classified as having one of these styles, will be subject to the
standards contained in this article when additions or rehabilitations are proposed.
(Ord. No. 00-1, §§ 52, 53, 3-10-00)
Gulf Stream, Florida, Code of Ordinances Page 419
DIVISION 1. GENERALLY
Secs. 70-209-70-215. Reserved.
ARCHITECTURAL !j
STYLE ANALYSIS
9
S
Gulf Stream, Florida, Code of Ordinances page 420 1!
DEMY SEAM
Elis BP OEUMV BEAEN
�11'a
REVISION REQUEST 'DOI
ALL REVISIONS REQUIRE A SIGNED CHANGE ORDER WITH COST EVALUATION,
Date: �, 1G za IS Permit Number. 11- 115,1q&
Address Where Work Is Being Done (to include unit or bay number):
CONTRACTOR NAME � JY/G Phone:
Contact Person: TRW--
-- Fax: ( )
Cell Phone m
TYPE OF REVISION (Circle All That Apply): Structural Elec Mach Flog Eng Other
ADDED CONSTRUCTION COST FOR THIS CHANGE: $ t 000
EXPLAIN REVISION: '-LID ] SLATS G�0-CFrytT ROOF "]'//ff-7 - co LO( .
MIW i DM)r EtMx)c A PMAL T A= F,XABU UW :po Daft &Q& Dpi,
NOTE: To avoid delay, the revision needs to be clear on the (2) drawings submitted. The Plan
Reviewers may need the job site plans.
I understand a fee may be charged in accordance with the City of Delray Beach LDR 2.4-21. The fee for a revision
Is $75.00 per dippling for the first sheet, and $1.00 for each additional revised sheet.
For ADDED ggNSTRPCTtON COST, the fee will be based on the Building Permit Fees.
OFFICE USE ONLY
ROUTING: FEES: OTHER FEES AS APPLICABLE:
PATH DEPT. APPROVED BYIDATE: REVISION FEE Parks:5
ADDED VALUE PERMIT FEE:
CHANGE ORDER DOCUMENTATION ACCEPTED:
Public Bldgs. S
Schools S
Road S
Radon $
OPRS
Olher $
PLAN REVIEWER:
DATE TOTAL FEES DUE:
Rvsd SIMS
Gulf Stream, FL Code of Ordinances
Page 1 of 7
DIVISION 2. - ARCHITECTURAL/SITE PLAN REVIEW—LEVELS 1, 2 AND 3
Sec. 66-145. - Procedures for submitting and processing applications.
(a) Level 1 architectural/site plan review. The planning and building administrator shall receive, 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 processed 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 project, 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 establish fees for level 1 architectural/site plan review.
(5) Contents. Application content requirements shall, at a minimum, be the same as those
required to obtain a building permit. However, additional drawings, documents and
information may be required where necessary for the planning and building administrator to
determine compliance 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 application is sufficient and includes data necessary to evaluate the
application. If the application is deemed insufficient, the planning and building administrator
shall notify the applicant of the needed information and materials.
(7) Withdrawal of application. Applications for level 1 architectural/site plan review may be
withdrawn at anytime without prejudice.
(8) Action by the planning and building administrator. The planning and building administrator shall
have five working days from the date the application is deemed sufficient to take action
pursuant to section 66-143 of this division.
(9) Notice of action. The planning and building administrator shall notify the applicant of the final
action taken on the application 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 architectural/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 prescribed time period or to obtain approval of a
building permit application submitted within the prescribed time period shall result in the
automatic expiration of the level 1 a rchitectu ra Vsite plan review approval.
(11) Resubmittal of application. Applications that are withdrawn, denied, or expired maybe
resubmitted at any time, provided that all such applications shall be reviewed for compliance
with all regulations prevailing at the time the application is resubmitted.
(12)
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Gulf Stream, FL Code of Ordinances
Page 2 of 7
Appeals. Any aggrieved or adversely affected person aggrieved by a decision of the planning
and building administrator on an application for a level 1 architectural/site plan review may
appeal the decision to the board of adjustment pursuant to 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 architectural/site plan review. The planning and building administrator shall receive, 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 requires approval of a level 2 architectural/site plan review in
addition to approval of other development permits, the application for level 2
architectural/site plan review shall be processed simultaneously with the applications for the
other required development permits. In the event the application procedures and
requirements of this section conflict with those required for other development permits
processed simultaneously, the more stringent provisions shall prevail.
(2) Mandatory pre -application conference. At least 15 days prior to submitting an application, the
applicant shall arrange for and attend a pre -application conference with staff members of the
planning and building department to review the proposed project, applicable codes and
regulations, and application procedures.
(3) Deadlines. The architectural review and planning board shall approve a schedule of application
deadlines 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
hearing. 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.
(4) Fees. The town commission shall establish fees for level 2 architectural/site plan review.
(5) Contents. Application forms and a list or 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 this
article shall be approved for use until such time as they are changed pursuant to this section.
(6) Application sufficiency. The planning and building administrator shall have ten working days to
determine if an application is sufficient and includes data necessary to evaluate the
application. If the application 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 application at any
time prior to the final action on the application by the architectural review and planning
board. Requests for withdrawal received by the planning and building administrator five
working days prior to the hearing shall automatically be granted without prejudice. Applicants
shall not be entitled to a refund of any fees. Thereafter, the architectural review and planning
board may accept the withdrawal without prejudice or with prejudice. With prejudice bars the
filing of a successive application which is not materially different for one calendar year.
(8) Written report by the planning and building administrator. The planning and building
administrator shall provide a written recommendation to the architectural review and
planning board and the findings upon which the recommendation is based, prior to the
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Gulf Stream, FL Code of Ordinances
Page 3 of 7
hearing at which the application is to be considered. Failure of the planning and building
administrator to provide such a recommendation shall result in a recommendation of
approval without conditions.
(9) Public hearing. The architectural review and planning board shall hold at least one public
hearing on a weekday, on an application for a level 2 architectural/site plan review.
(10) Notice. Notice of the public hearing shall be given pursuant to the following:
a. Content. A written (text only) notice shall be prepared for each application which shall
include, in no particular order, the following:
A general description of the proposed project;
2. The street address of the proposed project;
3. The owner of record of the project 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 considered, the actions to be
taken and the review authorities taking 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 complete project plans may be inspected;
9. A disclaimer advising that should any interested party seek to appeal the decision of
one or more review authorities with respect 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 additional applications for development permits which are
processed simultaneously with the application for level 2 architectural/site plan review
may be combined into a single notice.
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 notice shall be mailed via first class mail to all recipients
defined herein at least ten days previous to the date of the first hearing at which the
proposed project is to be considered. Notice also shall be posted in a conspicuous
location at the Town Hall.
e. Recipients. All private property owners of record within 25 feet of a proposed project site
shall be sent notice as prescribed in this policy. Public rights-of-way, easements,
waterways, 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
cooperative association development, as defined 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 record shall be
those recorded in the latest official tax rolls in the Palm Beach County Courthouse or the
latest tax roll available at the Town Hall. Properties outside the town limits shall not
require notification.
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Page 4 of 7
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 action
pursuant to section 66-143 of this division. Time periods during a continuance requested by
the applicant shall be exempted from this requirement.
(12) 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.
(13) Effective period of approved applications. Approved applications for level 2 architectural/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 application for a building permit within the prescribed time period or to obtain approval
of a building permit application submitted within the prescribed time period shall result in the
automatic expiration of the level 2 architectural/site plan review approval.
(14) Extension. An extension of the effective period of an approved application of up to one
additional calendar year may be granted by the architectural review and planning board
provided the applicant can show sufficient cause as to why a building permit application
cannot be submitted or approved in a timely manner and a finding that development
regulations applicable to the project 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.
(15) Resubmittal of application. Applications that are withdrawn with prejudice or denied may not
be resubmitted for a period of one calendar year from the date of withdrawal or denial.
(16) Appeals. Any aggrieved or adversely affected person aggrieved by a decision of the
architectural review and planning board on an application for a level 2 architectural/site plan
review may appeal the decision to the board of adjustment pursuant to 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 architectural review and planning
board.
(c) Level architectural/site plan review. The planning and building administrator shall receive, 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 requires approval of a level 3 architectural/site plan review in
addition to approval of other development permits, the application for level 3
architectural/site plan review shall be processed simultaneously with the applications forthe
other required development permits. In the event the application procedures and
requirements of this section conflict with those required for other development permits
processed simultaneously, the more stringent provisions shall prevail.
(2) Mandatory pre -application conference. At least 15 days prior to submitting an application, the
applicant shall arrange for and attend a pre -application conference with staff members of the
planning and building department to review the proposed project, applicable codes and
regulations, and application procedures.
(3) Deadlines. The town commission shall approve a schedule of application deadlines 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
planning board hearing. In accordance with section 66-74 of this Code, the architectural review
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Gulf Stream, FL Code of Ordinances Page 5 of 7
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.
(4) Fees. The town commission shall establish fees for level 3 architectural/site plan review.
(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 approved for use until such time as they are
changed pursuant to this section.
(6) Application sufficiency. The planning and building administrator shall have ten working days to
determine if an application is sufficient and includes data necessary to evaluate the
application. If the application 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 application at any
time prior to the final action on the application by the board of adjustment. Requests for
withdrawal received by the planning and building administrator five working days prior to the
architectural review and planning board hearing 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 prejudice. With prejudice bars the filing of a successive application which is
not materially different for one calendar year.
(8) Written report by the planning and building administrator. The planning and building
administrator shall provide a written recommendation to the architectural review and
planning board and the findings upon which the recommendation is based, prior to the
architectural review and planning board hearing at which the application is to be considered.
Failure of the planning and building administrator to provide such a recommendation shall
result in a recommendation of approval without conditions.
(9) Public hearings. The architectural review and planning board and board of adjustment 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. A written (text only) notice shall be prepared for each application which shall
include, in no particular order, the following:
1. A general description of the proposed project;
2. The street address of the proposed project;
3. The owner of record of the project 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 considered, the actions to be
taken and the review authorities taking 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 complete project plans may be inspected;
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. Gulf Stream, FL Code of Ordinances
Page 6 of 7
9. A disclaimer advising that should any interested parry seek to appeal the decision of
one or more review authority with respect 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 additional applications for development permits which are
processed simultaneously with the application for level 3 architectural/site plan review
may be combined into a single notice.
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 notice 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
planning board hearing at which the proposed project is to be considered. Notice also
shall be posted in a conspicuous location at the Town Hall.
e. Recipients. All private property owners of record within 25 feet of a proposed project site
shall be sent notice as prescribed in this policy. Public rights-of-way, easements,
waterways, 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
cooperative association development, as defined 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 record shall be
those recorded in the latest official tax rolls in the Palm Beach County Courthouse or the
latest 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
recommendation 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.
(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 periods 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 architectural/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 application for a building permit within the prescribed time period or to obtain approval
of a building permit application submitted within the prescribed time period shall result in the
automatic expiration 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 provided the applicant
can show sufficient cause as to why a building permit application cannot be submitted or
about:blank 12/2/2015
Qulf Stream, FL Code of Ordinances
Page 7 of 7
approved in a timely manner and a finding that development regulations applicable to the
project 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 withdrawn with prejudice or denied may not be
resubmitted for a period of one calendar year from the date of the withdrawal or denial.
(17) Appeals. Any aggrieved or adversely affected person aggrieved by a decision of the board of
adjustment on an application for a level 3 architectural/site plan review may apply forjudicial
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, 52, 1-30-95)
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1 MEMORANDUM OF UNDERSTANDING
2
3
4 THIS Memorandum of Understanding made this 16th day of November. 2009,_by and
5 between the Town Manager of Gulf Stream, 100 Sea Road, Gulf Stream, Florida 33483
6 (hereinafter, 'TOWN Manager"); the City of Delray Building Official, 100 NW 1s1 Avenue,
7 Delray Beach, Florida 33444 (hereinafter, "CITY Official'); and Palm Beach County
8 Building Official, 2300 N Jog Road, West Palm Beach, FL 33411 (hereinafter, "COUNTY
9 Official').
10
11
12 WHEREAS, the Interlocal Agreement between the Town of Gulf Stream (TOWN) and Palm
13 Beach County (COUNTY) for permitting and inspection services within the TOWN has been
14 terminated by the TOWN, as of November 15, 2009; and
15
16 WHEREAS, the TOWN has entered into an Interlocal Agreement with the City of Delray Beach
17 (CITY) for permitting and inspection services to be effective immediately after the agreement
18 with the COUNTY terminates;
19
?0 WHEREAS, the TOWN, CITY and COUNTY desire to enter into an agreement to provide for the
?1 transition of submission, review, processing and action upon building permit applications
'.2 (Applications) in the TOWN for submission and until completion for review, processing and
!3 action as outlined below; and
!4
15 NOW, THEREFORE, in consideration of the mutual promises contained herein and other good
!6 and valuable consideration, the receipt of which is hereby acknowledged by all parties, the
:7 TOWN Manager, CITY Official, and COUNTY Official agree as follows:
'8 1. Building permit applications for proposed development within the TOWN will be
.9 processed as follows:
:0 a. COUNTY Official will cease the acceptance of all Applications for development
1 within the TOWN effective November 15, 2009.
2 b. CITY Official will accept all Applications for development within the TOWN after
3 November 15, 2009.
4 2. Applications within the TOWN will be issued as follows:
5 a. COUNTY Official will continue to approve (or where appropriate, deny)
6 Applications for development within the TOWN for those Applications submitted
7 prior to November 15, 2009.
B b. COUNTY Official may approve (or where appropdate, deny) Applications for
3 development within the TOWN on or after November 15, 2009 where all of the
following circumstances exist:
1
U.�BuDding Administretionlbadmintunt,M=I Agreementffo of GuNStream- Memomndum WUndendending-11-12-09.do
1 i. The COUNTY Official received the Applications prior to November 15, 2009.
2 H. The COUNTY Official is willing to provide all plan review and construction
3 inspection services with the necessary plan review and/or inspection tasks
4 being performed by properly certified plans examiners and/or inspectors
5 who are COUNTY employees certified in accordance with State Law and
6 the Florida Building Code.
7 C. CITY Official will not act upon any Application for development within the TOWN
8 prior to November 15, 2009.
9 d. CITY Official will be empowered to act upon any Application for development within
0 the TOWN after November 15, 2009.
1 3. Inspections for approved Applications will be performed as follows:
2 a. COUNTY Official will perform all required inspections for all approved Permits
3 approved by the COUNTY, provided that the Permits are issued prior to November
4 15, 2009, or after November 15, 2009 in accordance with paragraph 2.b. above.
5 b. COUNTY Official will provide the CITY Official with a list describing all open and
8 active COUNTY Permits as of November 15, 2009, as well as a list of all pending
7 Applications that the COUNTY intends to issue Permits pursuant to paragraph 2.b.
8 above, on or after November 15, 2009.
9 c. COUNTY Official will notify the CITY Official upon final inspection for Permits on the
0 open/active lists (see 3.b. above) as the final inspections are completed and
1 approved by the COUNTY.
2 d. CITY Official will perform required inspections for all approved Applications issued
3 by the CITY Official on or after November 15, 2009.
4 4. TOWN Manager, CITY Official, and COUNTY Official agree that the building code
5 amendments applicable to any Applications shall be the building code amendments of the
5 authority (either the CITY or COUNTY) having jurisdiction on the date that an Application
7 is filed. Therefore all Applications received by the COUNTY before November 15, 2009
8 shall be subject to the COUNTY building code amendments applicable to any
9 Applications. All Applications filed on or after November 15, 2009 shall be subject to
CITY building code amendments applicable to any Applications.
1 5. COUNTY Official will not renew inactive permits after November 15, 2009. After that
date, applicants will be directed to the CITY for necessary permitting and inspection
2
UABuilding AdminlStradon\badmini\Interlocal Agreements\Town of Gulf Stream - Memorandum of Understanding-11-12-09.doee
1 services, and to the TOWN for purposes of securing any record copy of construction files.
2 The CITY will handle these Applications in accordance with their normal procedures.
3 6. All contractors holding an Annual Permit for the decal and random inspection program for
4 residential component replacements shall be permitted to complete the duration of their
5 Annual Permits in the program. In no case shall this program apply to any work after
6 December 31, 2009, the end date of the 2009 Annual Permit for Random Inspections.
7 7. COUNTY agrees to provide the TOWN and CITY with the following additional records:
8 a. A list of all COUNTY issued, and open permits (including inspection history) within the
9 TOWN for one calendar year prior to November 15, 2009.
0 b. A list of all inactive permits within the TOWN, for inclusive dates agreed upon by the
1 TOWN Manager, and CITY and COUNTY Officials, with information, including the
2 inspection history for use in determining if code violations exist.
3 8. The Building Officials of both jurisdictions will communicate and work with each other to
4 ensure that active permits are properly inspected and that appropriate records are kept
5 and made available to the public in accordance with all applicable regulation, laws or
6 ordinances.
7 9. This Agreement shall become effective at the time the last party to execute this document
8 executes same, and shall terminate at such time as the County Official completes all
9 inspections pursuant to this Agreement and issues all certificates of occupancy and/or
:0 certificates of completion on any Applications accepted by the County Official pursuant to
1 this Agreement.
2 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
3 year written above.
4 Witnesses: TOWN MANAGER
5
It Q
6 William H. Thrasher, Town Manager
Town of Gulf Stream
7 Witnesseess:(�° CITY BUILDING O IAL
3 George Diaz, Clty Building Official
City of Delray Beach
messes: COUNTY BUILDING OFFICIAL
'- Rebecca D. Caldwell, County Building Official
Palm Beach County
3
UASuOding Adminlstrationlbedmin111nted=l Agmements%Twm of Gulf Stream - Memorandum of Understanding-11-12-0g.d=
105.4 Conditions of the permit.
105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the
work and not as authority to violate, cancel, alter or set aside any of the provisions of the
technical codes, nor shall issuance of a permit prevent the building official from thereafter
requiring a correction of errors in plans, construction or violations of this code. Every permit
issued shall become invalid unless the work authorized by such permit is commenced within
six months after its issuance, or if the work authorized by such permit is suspended or abandoned
for a period of six months after the time the work is commenced.
105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires
because of lack of progress or abandonment, a new permit covering the proposed construction
shall be obtained before proceeding with the work.
105.4.1.2 If a new permit is not obtained within 180 days from the date the initial permit became
null and void, the building official is authorized to require that any work which has been
commenced or completed be removed from the building site. Alternately, a new permit may be
issued on application, providing the work in place and required to complete the structure meets
all applicable regulations in effect at the time the initial permit became null and void and any
regulations which may have become effective between the date of expiration and the date of
issuance of the new permit.
105.4.1.3 Work shall be considered to be in active progress when the permit has received an
approved inspection within ISO days. This provision shall not be applicable in case of civil
commotion or strike or when the building work is halted due directly to judicial injunction, order
or similar process.
105.4.1.4 The fee for renewal reissuance and extension of a permit shall be set forth by the
administrative authority.
Matias, Sally
From: May, Shirley M.
Sent: Tuesday, October 09, 2012 10:12 AM
To: Attorneys
Subject: New FLW ruling - Municipal corporations, building permits -- TOWN OF GULF STREAM,
J. Randolph, S. Rapp
Online Reference: FLWSUPP 19120HAR
Municipal corporations — Building permits — Petition for writ of mandamus directing town to issue
building permit for metal roof denied — Petitioner failed to establish clear legal right to building permit
where he has failed to exhaust administrative remedies available through variance application process
CHROSTPHER F. O'HARE, Petitioner, v. TOWN OF GULF STREAM, Respondent. Circuit Court, 15th
Judicial Circuit (Appellate) in and for Palm Beach County, Civil Division. Case No.
502012CA015579XXXXMB, Division `AY'. September 4, 2012.
(BY ORDER OF THE COURT.) THIS CAUSE came before the Court upon the Emergency Petition for Writ of
Mandamus, filed August 20, 2012. Petitioner seeks a writ of mandamus directing the Respondent to issue the
Petitioner a building permit to install a metal roof. The Respondent denied the permit application and directed
the Petitioner to first obtain a variance from Respondent's land use code. Petitioner states that he is entitled to a
permit without having to first seek a variance, relying solely upon the Town Code, which provides:
Section 70-187(2) 1. Certain metal roofs determined by the Town to be appropriate to the structure and to the
neighborhood may be approved on instances of re -roofing of existing structures based upon an engineer's
certification that the existing structure will not support a tile roof.
(emphasis added). Although the Petitioner has provided his own engineer's report, he has not established a clear
legal right to a building permit because the Town has made no determination that a metal roof is "appropriate to
the structure and to the neighborhood." See, e.g., State ex rel. Lacedonia v. Harvey, 68 So. 2d 817 (Fla. 1953)
(holding that in mandamus proceedings to complete the issuance of a building permit, it must appear that the
applicant had a right to build; applications for building permits cannot be granted legally unless all valid
provisions of the law have been.complied with by the applicant). It is apparent from the plain language of the
ordinance and the documents in the Appendix to the Petition that the variance application process is the
procedure by which the Respondent will make this determination. Since the Petitioner has not availed himself
of this procedure, he has not exhausted his administrative remedies and is not entitled to mandamus relief. See,
e.g., Vanderbilt Shores Condominium Assn, Inc. v. Collier Cty., 891 So. 2d 583 (Fla. 2d DCA 2004) [29 Fla. L.
Weekly D951d]. Accordingly, it is
ORDERED and ADJUDGED that the Emergency Petition for Writ of Mandamus is DENIED. The clerk is
directed to close the file. (BRUNSON, COX, SASSER, JJ.)
Shirley M. May Libraiisn
Direct Dial: 561.650.5393 I Fatc 56L650.5300 1 sma_,z@jonesfoster.com
Jones, Foster,Johnston & Stubbs, P.A.
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL DISTRICT, IN AND
FOR PALM BEACH COUNTY, FLORIDA
CHRISTOPHER F. O'HARE,
Petitioner,
V.
Appellate Division (Civil)
Case No.:
Town of Gulf Stream,
Respondent.
VERIFIED
EMERGENCY PF.TMON FOR WRIT OF MANDAMUS
Attorneys for Petitioner
Carter Law Firm, LLC
102 NE 2"d Street, Suite 179
Boca Raton, FL 33432
Tel: 561-368-9900
lohn(@carterlawfirm.us
Louis Roeder
7414 Sparkling Lake Road
Orlando, FL 32819
Tel: 407-352-4194
Fax: 866-610-6090
I nlouroedercom
VERIFIED
EMERGENCY PETITION FOR WRIT OF MANDAMUS
The Petitioner, CHRISTOPHER F. O'HARE ("O'Hare") respectfully
petitions this Court for a Writ of Mandamus requiring the Town of Gulf Stream
("Gulf Stream") to issue a Building Permit in accordance with Section 70 of the
Town Code thereby granting O'HARE legal authority to install a metal roof on
his Gulf Stream residence.
BASIS FOR INVOKING JURISDICTION
This Court has jurisdiction to issue the requested Writ of Mandamus under
Rule 9.030(c)(3) of the Florida Rules of Appellate Procedure.
STATEMENT OF FACTS AND ARGUMENT
I. In the fall of 2011 O'HARE commenced repairs and modifications to his
family's residence located within the Town of Gulf Stream. In connection with
these repairs O'HARE obtained a building permit from Gulf Stream that
allowed him to re -roof the residence with concrete tile. (A-1)
2. After work on the repairs and improvements had commenced, including
the removal of the existing concrete roof tiles, given the fact that his house was
over thirty-five (35) years old, O'HARE sought the advice of a certified
structural engineer to determine whether the house would be able to support a
concrete tile roof.
3. On December 14, 2011, O'Hare obtained a certification from a
professional engineer stating that "the existing roof framing will not support the
design loads of a concrete or clay tile roof," and that "the lightest roofing
system possible is needed." (A-2)
4. Gulf Stream's Town Code provides as follows:
"Section 70-187(2) ].Certain metal roofs determined by the Town to be
appropriate to the structure and to the neighborhood may be approved
on instances of re -room of existing structures based upon an engineer's
certification that the existing structure will not support a tile roof."
[emphasis added] (A-3)
5. On March 5, 2012 O'HARE requested Gulf Stream to issue an
amendment to his existing building permit allowing him to install a metal roof
on top of .the plywood sheathing and tar paper underlayment, instead of
concrete tiles. In support of his request for a metal roof, and in compliance with
the stated requirements of Section 70-187(2) of Gulf Stream's Town Code,
O'HARE provided Gulf Stream with a copy of his professional engineer's
certification stating that the existing structure could not support a concrete tile
roof. [emphasis added]
6. Despite O'HARE's strict compliance with the plain language of Gulf
Stream's Town Code, Gulf Stream administratively denied O'HARE'S request
to install a metal roof, in lieu of heavy concrete tiles, on top of his plywood
sheathing / tar paper underlayment. (A-4)
7. On May 30, 2012, after hearing O'HARE's appeal of the administrative
denial of his request, the Town of Gulf Stream gave final notice to O'HARE
that he could not re -roof his residence with a metal roof without first obtaining
a discretionary "variance" from Gulf Stream's land use code. (A-5)
8. On June 18th O'HARE filed an Amended Petition for Writ of Certiorari
in the 15�' Circuit Court, Appellate Division, Case No.:2012CA 01107 which
remains pending. In that related case, O'HARE is seeking a Writ of Certiorari
quashing the May 30, 2012 decision by the Town of Gulf Stream and requiring
the Town of Gulf Stream tol issue building permit for a metal roof in
accordance with its Code provisions.
9. O'HARE asserts in his Petition for Certiorari that Gulf Stream's land use
code does not have any application to this situation and further that Section 70-
187(2) of Gulf Stream's Town Code mandates that O'HARE, having met the
conditions of the code, be allowed to install a metal roof.
10. On June 1, 2012 the North Atlantic Hurricane season commenced and
since that date there have been several named storms that have been tracked in
the Atlantic and Gulf of Mexico, each with some potential to affect the local
weather system causing damage to the O'HARE residence. The Colorado State
University, Department of Atmospheric Science, hurricane forecast team
estimates about ninety-five (95%) of the major hurricane activity happens after
August 1 when ocean waters have warmed from summer heat in the Northern
Hemisphere.
11. The current Hurricane season does not end until November 30, 2012.
12. The National Weather Service predicts that there will be approximately
90 tropical cyclone activities in the Atlantic Basin after August 1, 2012, of
which 10 will be named hurricanes, and further that there is a 39% chance that
these storms will enter the Caribbean.
13. The Hurricane Impact Probabilities for 2012 for Florida after August 1st
is estimated to be 47%, and that other storm systems may adversely affect
properties located in south Florida, including those in the Town of Gulf Stream
14. Because O'HARE has not been able to complete the installation of his
roof due to GULF STREAM's refusal to comply with its own Town Code of
Ordinances, and since the installation of a concrete tile roof would be contrary
to the advice of his engineer, O'HARE has been unable to obtain liability and
property damage insurance coverage for his residence (A-7).
15. As a direct result of GULF STREAM'S refusal to comply with its own
building code, the O'HARE residence and the O'HARE family members have
been and remain subjected to unpredictable and dangerous conditions that
could foreseeably arise due to weather related causes, especially those resulting
from tropical storm/hurricane activities in the area.
16. In addition to the potential dangers to the lives and property of O'HARE
and his family, the lives and property of unrelated persons in the surrounding
area of the O'HARE residence are also in potential danger due to foreseeable
weather related debris that could result from the impact of a major storm event
on their unfinished roof.
17. The above described dangers associated with Gulf Stream's refusal to
follow its own Town Code by allowing O'HARE to install a safe and lawful
metal roof on his residence create a real and imminent threat to the lives and
property of residents of Palm Beach County.
18. The foregoing facts constitute a true emergency and justify the
emergency issuance of a Writ of Mandamus compelling the Town of Gulf
Stream to immediately comply with its own Town Code and issue an amended
building permit and all appropriate documentation authorizing O'HARE to
install a permanent metal roof on top of the temporary plywood sheathing/tar
paper underlayment
WHEREFORE, the Petitioner respectfully requests that this Court exercise its
jurisdiction and grant a Writ of Mandamus compelling the Town of Gulf Stream to
immediately comply with its Code of Ordinances and issue a permit to O'HARE for the
installation of a permanent metal roof on top of the plywood / tar paper underlayment.
Petitioner further requests any and all further relief to which he maybe entitled as a
matter of law.
Dated: August tl -0
submitted,
John E. 0�rter, Esq.
Co-Couns6k for Petitioner
Flor' Bar o. 460036
102 NE 2".d Street, Suite 179
Boca Raton, FL 33432-3908
Telephone: 561-368-9900
Faclsimile:. 88$-851-2224.
for Petitioner
No. 0004316
47414 Sparkling Lake Road
Orlando, FL 32819
'Telephone: 407-352-4194
Facsimile: 866-610-6090
of perjury, I declare that I have read the foregoing.
i for Writ of Mandamus and the facts stated in the Petition
,got and b se upon my personal know]edge.
O'
Sworn to and Shscribed before me
CHRISTOPHER F. O'HARE,
L day of August, 2012 by
� i" 1„n ,,,, r„ me.
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL DISTRICT, IN AND
FOR PALM BEACH COUNTY, FLORIDA
CHRISTOPHER F. O'HARE,
Petitioner,
V.
Appellate Division (Civil)
Case No.:
Town of Gulf Stream,
Respondent.
APPENDIX TO EMERGENCY PETT110N FOR WRIT OF MANDAMUS
Attorneys for Petitioner
Carter Law Firm, LLC
102 NE 2nd Street, Suite 179
Boca Raton, FL 33432
Tel: 561-368-9900
i ohn(d�carterlaw firm. u s
Orlando,
407-352-4194
866-610-6090
INDEX TO APPENDIX
Document Appendix
O'Hare Roof Permit A-1
Lunn's Certification A-2
Section 70-187(2), Gulf Stream Town Code A-3
Administrative Denial A-4
Commission Final Action A-5
PDF of Hurricane Service Web Page A-6
Insurance Denial E -Mail A-7
A-1
O'Hare Roof Permit
V
LIM
bw
�f a PRoe Rr�ss DISPLAY THIS CARD IN FRONT OF JOB
CITY OF DELRAY BEACH
BUILDING PERMIT
PERMIT NO. rb lb�^
PROJECT ADDRESS: ASd_(J al4 � �
CONTRACTOR: 1� n�
DESCRIPTION OF WORK
WARNING TO OW ER: YOUR FAILURE TO RECORD A
NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.
IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH
YOUR LENDER OR AN ATTORNEY BEFORE RECORDING
YOUR NOTICE OF COMMENCEMENT.
NOTICE: In addition to the requirements of this permit, there
may be additional restrictions applicable to this property
that may.be found in the public records of this county, and
there may be additional permits required from other
governmental entities such as water management districts,
state agencies, or federal agencies.
NO INSPECTION WILL BE MADE UNLESS PERMIT CARD IS
DISPLAYED WITH THE APPROVED PLANS READILY AVAILABLE
CERTIFICATE OF OCCUPANCY MUST BE SECURED BEFORE THIS BUILDING CAN BE
USED FOR ANY PURPOSE.
1)0 NOT REMOVE THIS CARD BEFORE COMPLETION
• INSPECTION (561) 243-7216 OR (5 61) 143-7200
0TV OF OELRRY 9EA[H �pitOOF / RE -ROOF PERMIT APPLIC
AUG 2 9 2011 TOWN OF GULF STREAM �
GVW 1" Avenue Delray Beach FL 33444 Approv r Permit ml
(361) 243-7200 Fax: (561) 243-7221 Town of Gulf Stream, FL � Date
Website: mydelravbeach.ce) !v -
FOR OFFICE SOONLY:'
PROPERTY CONTROL#:�----I-L�b BLDG PERMIT 1.
PLEASE PRINT
JOB SITE ADDK
PROPERTY OWNER NAME I n1
HOME PHONE(_ ) !'�
PROPERTY OWNER ADDRESS _a
ROOF CONT'R (COMPANYJ) NAME
ROOF CONT'R ADD4SS G
( &a7,
BUS. PHONE
FAX S(,)L
E-MAIL
CELL
NOTE'. PERMIT EXPIRES IF WORK IS NOT STARTED WITHIN 180 -DAYS OR IF ACTIVITY LAPSES FOR 180 DAYS. PLANS MUST HE N
ON THE JOB SITE FOR ALL INSPECTIONS. FINAL INSPECTION IS REQUIRED ON ALL PERMITS. (\�\
PROJECT COST (Labor and Material) s
�:kone. NEW CONSTRUCTION RECOVER OVER EXISTING _REMOVE EXISTING & REPLACE _RIR AIC UNITS
(Engineer's Letter Regoind) (Meeh. Pamir Required)
Check one: —_SINGLE-FAMILY' —MULTI -FAMILY _COMMERCIAL
*MITIGATION REQUIREMENTS IF SINGLE FAMILY:
1. YEAR BUILT (ebeck one): / � BE,FfORE �YlARCH 2002 (Go To 02)
7
2. HOUSE VALUE: s A)`l-(f)J— MUST PROVIDE;
(IF $300,000, OR MORE, NOT INCLUDING LAND VALUE,
GO TO #3) a
3. SUBMITRE-ROOFINGMr1YGATION
TYPFICOLOR OF ROOF MATERIAL REMOVED _-ijd
NOTE; FOLLOW MANUFACTURER'S
ROOF TYPE (CIRCLE):
FLAT /
SLOPED 12
APTER MARCH 2002
HOME INSURANCE SUMMARY SHEET OR
COPY OF MOST RECENT TAX BILL OR
PROPERTY APPRAISER OFFICE WEBPAOE
,DING APPLICATION 4h4uVW
OF MATERIAL INSTALLED. u�
FORS: ST LLATION.^I
UC TAPPROVALNUMBER: /(-�4
-nkan.l i Csll(��
i/-DLily. 191'
r.1N
STATE OF N
'7N•IY OF ��
e g g catwasacknowledged before me rias �L day
B( •,20Lµ.—bY` �
Rvsd. 3110
ROOF PERMIT #:✓ ✓� t 7
I
Qlel 1
PERMIT FEE: Q�
PLAN CHECK FEE:
��
MCR #:
t�( Mu J
APPROVALS:
PLAN: Oh` DATE:`�'�"�•t)
�j�---
P & Z: DATE:
7S0 96 x..�
ZIP �.����---
NOTE'. PERMIT EXPIRES IF WORK IS NOT STARTED WITHIN 180 -DAYS OR IF ACTIVITY LAPSES FOR 180 DAYS. PLANS MUST HE N
ON THE JOB SITE FOR ALL INSPECTIONS. FINAL INSPECTION IS REQUIRED ON ALL PERMITS. (\�\
PROJECT COST (Labor and Material) s
�:kone. NEW CONSTRUCTION RECOVER OVER EXISTING _REMOVE EXISTING & REPLACE _RIR AIC UNITS
(Engineer's Letter Regoind) (Meeh. Pamir Required)
Check one: —_SINGLE-FAMILY' —MULTI -FAMILY _COMMERCIAL
*MITIGATION REQUIREMENTS IF SINGLE FAMILY:
1. YEAR BUILT (ebeck one): / � BE,FfORE �YlARCH 2002 (Go To 02)
7
2. HOUSE VALUE: s A)`l-(f)J— MUST PROVIDE;
(IF $300,000, OR MORE, NOT INCLUDING LAND VALUE,
GO TO #3) a
3. SUBMITRE-ROOFINGMr1YGATION
TYPFICOLOR OF ROOF MATERIAL REMOVED _-ijd
NOTE; FOLLOW MANUFACTURER'S
ROOF TYPE (CIRCLE):
FLAT /
SLOPED 12
APTER MARCH 2002
HOME INSURANCE SUMMARY SHEET OR
COPY OF MOST RECENT TAX BILL OR
PROPERTY APPRAISER OFFICE WEBPAOE
,DING APPLICATION 4h4uVW
OF MATERIAL INSTALLED. u�
FORS: ST LLATION.^I
UC TAPPROVALNUMBER: /(-�4
-nkan.l i Csll(��
i/-DLily. 191'
r.1N
STATE OF N
'7N•IY OF ��
e g g catwasacknowledged before me rias �L day
B( •,20Lµ.—bY` �
Rvsd. 3110
A-2
Lunn's Certification
EN GINErR1NG
J`n
71-1322-LiUne
a0'4 Palm Beach Gardens, FL 33118
Plione- (561).625-6455
.�
Fav (888) 78&2575
__.-' a-m5i1; I�mT:-a�'.,.i,n_+�pt�.l•um
December 14, 201.1
Chris O'Hare
2520 Avenue Au Soleil
Gulf Stream, FL3.W3
Re: O'Hare Residence at 2520 Avenue Au Soleil, Gulf Stream, FL.
Dear Mr. O'Hare:
On December l3, 2011, 1' Inspected the existing roof framing at the referenced' address.
The existing roof framing will not support the design loads of'a concrete or clay tile nx+f. 'tlie
lightest roofing s;'stem possible is needed,
1 certify to the best of my ]cnowledge, belief and professional judgment that the referenced roof
framing will not support a tile roof.
If I can beef further service t1tillplease call.
.t``NCEGE.EAR
Sincerely, P.........
N �E
T.E. Lunyt, PsP •.Gam..
No 26119**
6119 Z C'
���✓f� 1i�T, fCBF . tU.`�
Terrence
FL1.eg.N26119 4, ��5;•�t7RiQ:�'N���`
'4 �O.NAtitSG'•
Ce: Williarn Thrasher, Town Manager, Town of Gull' Stream
ENGINEERING TERRENCE E. L11NN, PE,, FCSI; CCS
23 Thurston Drive, 33418
Palm Beach Gardens, FL 33418-7097
(561) 6455 Fax (561) 6254683
e-mail: telunn®ate_net
PROFESSIONAL CREDENTIALS:
Professional Engineer State of Florida No.26119
State of 'Georgia No. PE 028197
State of South.Carolina .No.15787
State of North Carolina No. 22406
National Council of Examiners For Engineering and Surveying No. 14751
Certified Structural Masonry Inspector, SM1987
Dade.County Chief Building Official Certificate Number 10, 1984
Certified ConstructionSpecifier, CCS, 1983 & 1995,,1998
Florida Engineering Society's :Certificate of Continued Professional Development, 1988
PROFESSIONAL MEMBERSHIPS:
• Member: Construction Specifications Institute (CSI), Institute Vice President, Palm
Beach and Miami Chapters, Past President of Mi *Chapter,
• Member: Standard Building Code Congress International
• Member: Florida Engineering Society (FES), State Constructed. Environment
Committee, Palm Beach. Chapter, Past President of.Miami Chapter.
Member: National Society of Professional Engineers
Member; AmericanSociety of Civil Engineers, Past President of Palm Beach Branch
Member: American Concrete Institute
Member: American Iristitute of Steel Construction
Member: American Institute of Timber Construction
Member' APA The Engineered Wood Association
Past Member. ' State of Florida.Bcard of Building Codes and Standards,
• Past Member: South Florida Inter -Professional Council
• Past Member: South Florida Building Officials Council
• Past Member: Dade County Manufacturer's Council.
PROFESSIONAL RECOGNITION AND AWARDS:
2001 Palnm Bencli Chapter Certificate of Appreciution for Seryice as Technical
Committee Chair
2000 Institute Certificate of. Merit and Appreciation for Service as Vice President and
Palm Beach Chaliter'Ccrtificate of Appreciation
TERRENCE E. LUNN, P.E., FCSI, CCS
5/23/02
Page 2.
1999 CSI, Elevated to Fellow of the Institute I
PROFESSIONAL RECOGNITION AND AWARDS: (Continued)
1998
CSI Southeast Region Director's Award for service as Institue Director and
devoted contributions to the welfare of the region.
CSI Institute Certificate of Merit and Appreciation for service as Director,
Southeast Region
ASCE Past President Award for distinguished & devoted service to the Palm
Beach Branch
1997
Certificate of Appreciation for serving as the Palm Beach Chapter's Technical
Chairman
1996
Certificate of Appreciation for serving on the CSI's Specifications
Subcommittee
1995 -
Certificate of Appreciation for serving as Chapter Treasurer and Co -Chair of
1994
the Publications Committee, Palm Beach Chapter CSI
1993
Harold Rappaport Award for Continued Involvement with the Miami
Chapter, CSI, since being Chapter President, 1982=83.
Certificate of Appreciation for serving as Chapter Education Chairman and
Coordinating the Pre -Meeting Technical Sessions, CSI
1992
Outstanding Service Award as 1991-92 Chairman of Florida's Professional
Engineers in Government Practice Section
1991
Certificate of Merit and Appreciation for Serving as Chapter Education
Chairman, CSI
Certificate of Appreciation from the Building Owners and Managers
Association International In Pursuit of Excellence as Judge for the "Office
Building of the Year"
1990
Director' Certificate Southeast Region and Education Award Miami Chapter,
CSI
Outstanding Community Service Award from the Builders Association of
South Florida
1989
Certificate of Appreciation for distinguished service to the Miami Chapter,
CSI
President s Plaque for dedication and service to the Chapter, FES
1988
Director's Certificate Southeast Region, CSI
Certificate of Appreciation for Service as Miami Chapter President, FES
Public Official of the Year Award for Outstanding Cooperation and
Distinguished Service from the Industrial Association of Dade County
1987
En 'neer of the Year, Miami Chapter, FES
1986
Technical Commendation from the Southeast Region, GSI, in recognition of
pro the Guide to State of Florida Buildin Re ulations
TERRENCE E. LUNN, P.E., FCSI, CCS
5/23/02
Page 3.
PROFESSIONAL RECOGNITION AND AWARDS (Continued):
SEMINAR SPEAKER:
1996-
2001
Commendation as Region Treasure, CSI
71985
Certificate of Appreciation from the Miami Chapter, National Association of
1993
Women in Construction
1984
Special Recognition Award for Technical Program at the Tri -Chapter Meeting,
1992
CSI
1983
Certificate of Merit Award for serving as Miami Chapter President, CSI
1982
President's Award for exceptional work performed in behalf of the Miami
1990
Chapter, CSI
1990
Certificate of Appreciation for Service as State Membership Development
1989
Committee Chairman, FES
1981
President's Certificate for exceptional work as Treasurer, CSI
1980
1 President's Certificate Miami Chapter Publication Achievement Award, CSI
SEMINAR SPEAKER:
1996-
2001
Annually teach Structural Analysis class for engineers preparing for PE exam
for FES
1996
ogiarn on Concrete Failures to CSI Chapter meeting
1993
CSI National Convention, Lessons Learned from Hurricanes Hugo and Andrew
1992
Latest Changes to the Building Code and Contractor Licensing, before several
organizations
1992
Post Hurricane Andrew Policies and Procedures of the Building Department,
Mediaspokes 2erson for the Department
1991
Safetv at the Construction Site, Dade County Seminar to Inspectors
1990
ADA and the State Handicap Accessibility Requirements, Miami Chapter, CSI
1990
Miami and Ft. Lauderdale Seminar on the new State of Florida Handicap
Accessibility Statues
1990
The State's Growth Management Law and the County's Concurrent
1989
Miami -Dade Community College, two classes three times a year on Contracts
and Governments Role in Construction for three years.
1989
County Permitting and Inspection Procedures, Miami Chapter of AGC
1989
Certified Construction Specifier's exam Study group (6 classes), Miami Chapter,
CSI
1988
CSI National Convention, Role of the Building Official and the Approval of
Materials in Construction
1988
Changes to Dade County's Code, Chapter 10, Contractor Licensing, Miami
Chapter of Associated General Contractors (AGC) and to the Mechanical
Contractors Association
TERRENCE E. LUNN, P.E., FCSI, CCS
5/23/02
Page 4.
SEMINAR SPEAKER: (Continued)
1988
Project Designing and Construction Materials, to the Miami Chapter of NAWIC
for 2 years
1988
Update on State Statutes concerning Architectural Barrier Free Design, Miami
Cha ter, CSI
1987
Update on Building Code changes, Miami Chapter, CSI
1985
Construction Permitting RSquirements, Miami Chapter of NAWIC
1985
Use of Division One in S ecifications, Miami Chapter, CSI
1982
Contract Administration, in house for PSS&J
1981
Professional Liabilities and Quality Control, in house for PBS&J
EDUCATION:
University of Wisconsin at Madison, 1969 Bachelor of Science in Civil Engineering,
Major: Structural Design, Minor: Urban Planning
Master Certificate in Repair of Concrete, World of Concrete 2000
PROFESSIONAL EXPERIENCE:
T.E. LUNN, PE
23 Thurston Drive, Palm Beach Gardens, Florida 33418
Serving the construction industry and building owners, my firm specializes in forensic
engineering, structural design and analysis, specifications and project manual
preparation, property condition reports, manufactured product design, code consulting,
and solutions to water intrusion problems.
RIESBERG LUNN LLC
P.O. Box 13121, North Palm Beach, Florida 33408
Provide architectual engineering services, building code consulting, construction
investigation, structural design and analysis in concrete, steel, wood, masonry and
aluminum and provide expert testimony.
WAAS-PHILLIPS CONSTRUCTION COMPANY
5582 NW 79 Avenue, Miami, Florida 33166
For 9 months, responsible for cuntract administration, negotiations and management of
projects for compliance with construction documents on church and school renovations
totaling $2 million in value.
TERRENCE E. LUNN, P.E., FCSI, CCS
5/23/02
Page 5.
METRO-DADE COUNTY BUILDING AND ZONING DEPARTMENT
111 N.W.1 STREET, SUITE 1010, MIAMI, FLORIDA 33128-1974
For 10 years, supervised 120+ employees with a 7 million dollars budget. Responsible
for coordination of architectural/ engineering plans review for compliance with growth
management, zoning and building codes; issuing permits, performing field inspections,
and issuance of Certificates of Occupancy; and development of the Department's
computerized system. Accomplished goals of timely plan review and inspections, and
improved departments professional conduct and knowledgeable code enforcement.
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
8700 SW 36th Street, Miami, Florida 33166
Department Manager of Contract Administration: For 5 years, responsible for the
Miami Regional Office's construction specifications, contract documents,
administration and construction inspections, including project management from
bidding and contract award through construction and final close-out for a variety of
public and private clients. Projects ranged from land development, water and waste
water treatment plants and transmission lines, railroads, bridges, seaports, and
residential, commercial and industrial buildings.
PATHFINDER PRESS
410 West Street, New York, N.Y. 10014
For 3 years, managed computer service department of programmers, system operators
and data entry operators. Supervised installation and systems design work of full
accounting and information systems. Managed the bookkeeping and accounting
department. Responsibilities included all accounts, financial reports, budgets and cash
flow projections.
Served as construction supervisor renovating a five -story building for publisher's print
shop and office space.
E.O. VICK CONSTRUCTION COMPANY, Atlanta, Georgia
For 2 years, prepared bids on a variety of projects, including office buildings and
industrial facilities. Upon award of contracts would schedule and supervise
subcontractors and material purchasing.
ALUMINUM COMPANY OF AMERICA
Mechanical Engineering Department, Rockdale, Texas
For 3 years, responsibilities were in areas of safety, environmental control, materials handling,
new construction of plant facilities, utilities and structures. Tasks included preventive
maintenance, design, cost estimating, material specifications, construction management, land
surveying and purchasing.
Ml
Section 70-187(2), Gulf Stream Town Code
GULF srRL%hI Cour:
Lal1 FJreurrt L'rut• Chu,;, lir%1 ltrarl+lnwr iYr.rthl5twld I'la••r as �•Jrd
1•rambtl•,! S1.1y1 dolt imrr Sille unit !G!II Tile S•tilm: all Boll lila -• • - j
Int �
!K illr.utll Kell till' _,..-__.... ... .. !
1\on.urlhtonn ruled !mnv!IlL x`11401 !
Iinght. un-antltrnlil tir looking Mr ntatt•rial �
Atoll nwf%t I
Itriutary ruler Uhr./%hinglrx
• I•'kn uw1+r It! vi%iilol
i All ahitr lilt uLbur lhnr$ 11411 r!nn•ul till'
tt'rnain nu•Iul nmfa dnun,llbnud by Un! town to bo approprinte In Ills, airuculre said ut Ihr neigh!Mrh.ud
ma}• In• apprncrd
fitly in in%lances of rm•roortng of cab%Ling slnrctows Duxes, upon un engium:/% avrlb5cl•
i
than That the existing slnlrlure will not suplmrl a tilt roof. It,ldiLhuulilx ulgnlinlud nggnr only IX usa,l
i 1•Illlmr:lxri111•dIrI1LIVm al1YlllL or ell llllllar nl'I,MWry'Nlntrltlfea.
i3. BUILDING IIEIOIIT _ ---_ _.. _...._... .-- •-- ••• — ___
Iklpun,l -- Uudrr all furl - Umlrr 8U fixl 11u11mr:L5 fret infer
limlcr :IU_Iuw - Lhxlrr :Hl lima
1'n•f.•rn•d 011ydlnq' , One- or twu• %luriL Ona•' ur Itra• tnurit•% f)no- al' l.wo__alunrs (1nalaiuy _ _
1. —._.. _.— Ottr•slury crihng
111x,nlrlanrl Onrylary n!bG.g nOnemtery ailing
Ixigbl .wmr IL rt+t height over 15 lixt height mor 15 11.1.9
1.... 1 - .. _. .._..- .... _. ._ ..._
:._... ...._i —
Al- ..... .....d,. rhanra. Ixtwtmu lunlsa and vsnl l"I!a•Ik-Itnl hul!se" n 1 x•rnuavl
'•.•1pbl al J•• 1•I :III x'nIL' IM:ILA I,,:lw a ilia'st! wt :11111 tilt- minora vessnry %l'lLack Ibllr. 'fhr nu•asuronu•ut atoll Nall. n•(r:
••una !.••r••w .hall IN. Irani the lawt•+t g-radu ndjunul to lhr well.+
• Ia,pnt„I I - t --ti Gxl wall% --- tUq• Naim ,w Il-awx
must Is! srnvnlml nlnng AIA mast le
r
froul AIA by ]:.fill- arrive Tell by land.
1
_ sr_gling anlying __ ._... _ .._._-__...
I 1LSIIr uulst Iw Gnishal all Will $Islas.._ -
1
� 1'rrfvrn,l• � - :Imo• L1lunnitumL or mn- Intrnnitlant or can. Amml only \nor ,
I.Inr xaWfrnce mal- withal by plant. net. crnb!d by plant inn- Cumecpnnd its ar- lam• wrlllif-ars, ono..
binatiun Leriul teril ebitl!e1on• binatioI
lim walllhrdgr Con'mgwnd n1 al' Carre,cptnol In or- Not to exrot•II Innn• tum• walUhatF,;e
nonluun,.lnn chileetum eltiltctun• tion, 7513 of fn fit• a ild"ll Itatll !
• :u•slsuul to al', Curraaionil It• :Ir-
Irn
irhitrrl+tru --._ _.._..—_ _. rhiu•Ivuv- .�
_ Simyln_unrlututn!11. trust I. incl teens, _ - _ _ --
i Ihanurnga,l .. __.. __ Um• Its, is:rnnolar kntry or urn•Ilt
wall— -_ xn11
Exn•%sivm urnnmentntion i Oso ing rm•avtLa, decorative tile, bulling, air.
1lmhibinsl Walbc over 4 lect WnIL+ find entry• IY.,IIs and anlry Wolin nod t•nlry -_- lYnlls aver A lies
I'mriuuamr walls piers mer r. fn•t plum over K fret pipes, m•tv (t Iirt I'Ierinxaur wall%
I•:nln pima w.•r 5 nlrnsuna! trent tlx: nuMsunxl rnmt Lia nuntsund rivet els• Rill n• p+rr%'W"r 5
fs Imw1 .t gala alis,• Iow.:sl gnlr n1lia• Inwust grade adja• lire)
1 1]•111 W lis• Nall Io•111 to Illt. Nall rent u. till! wall i
Walla Ina than 12 .__.. ....
Isms front AIA r_u.a.
linin _._- - _
Il ftlini%InJ avnvrv4• I)I"L tit lnlcll black IF nut cwtaldrnsl "lltli%11171
Olsul blind "wall”
4did cnutinmau% r-xlwanl wails
Ill-ll+rbttor thmt 7.5 rna to lisp edge ofsina-i Imramrltl
1, r in vialYa 11, an rigiL •s,.___—l_t_. .. ...... . .. .... „- ._ ........ .. .
'S. F Y7'!t\.YLiI? Iir\7'ES .. - —• _.•. •' . • •. 1
OD70:78
A-4
Administrative Denial
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
VNLLLIM L NOCH. JR. MaVW
J6A1 E. ORTHWEIH. VIC$ MaTor
HIED R. OEVITT III
CHRIS 0. WHEELER
MORIEL J. AHOERS011
March 6, 2012
Louis L. Roeder. Esquire
7414 Sparkling Lake Road
Orlando. Florida 12319
Ile: Christopher F. O'Hare
2520 Avenue Au Solcil
Gukf Stream. FL 3.148 1
Dear NIT. Roeder:
r.
Telephone
t ,
(66H 7783116
Fax
(561) 707-0183
-f' LSy
4
Town Manager
WILLIAM H.THRASHER
Town Clerk
RITA L TAYLOR
1 Eu» responding to your email to Mr. Randolph dated March 1, 2012 and your entail to
nic dated March 5. 2012.2You have asked several questions for which 1 will provide the
following answers and information.
-Ibis is to confirm that your client. \-1r. 0 -1 -tare. has withdrawn the window and door
change out permit application. l'he 'Gown will indicate "withdrawn" on this application.
Code Book
-there is one code book for the gown of Gulf Stream. This code is used by the Town
Commission, Police Department, and Staff and is the same code that is available to the
public. Interim amendments caul be approved by ordinances through public process
which do not immediately Let codified. When a code book is purchased. copies ol'Ihe
un -codified ordinances are also provided at the time of purchase.
I •mdsc•ric Permits "Any„
Section 70-146 through section70-150 provides standards sail information or those
applicants desiring to install landscaping. In those sections references are made in
reminds to what is "required", "preferred°', "discouraged" and "prohibited" "1'he
landscape architectural standards have been developed to reinforce the overall character
and the image of the town environment." 'Che use of the terns "any" can be misleading in
nature as the scope of work, amount, type. impact on adjoining and abutting properties of
Christopher R. 01•lare
9520 Avenue Au Soleil
\larch 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 66-141 2 (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.
lrrivation Permit
The City of Delrav will most likely require all irrigation permit. in the event that Delray
docs not require an irrigation permit, a scimrale permit by the "town will not be
necessarN.
Planum: in the Town Right-of=wad•.
One of the objectives of reviewing a landscape site plan is to help prevent unnecemry
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-orm-nys and is not easily determined at first glance. The use ora
propeny 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 wif I" to add
hedges in the front of the home near the roadway. In doing so, the lire hydrant was
covered from view. The owner was notified that ilia plantings were to be set back onto
his properly 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
tip be taken to keep new plantings out of the Tmen's right -of --way. Additional discussion
took place as related to existing hedges in the rigbt-of-%vay. i was directed to allow
existing hedges in ilia right -of --way but in ilia event changes to hedges were requested. or
occurred without a request, that i was to prohibit such actions. '.This is in pari why your
client does observe hedges, and in sonic cases trees, located in a similar directional line
of sigilt. 'llirough the natural evolution of the life cycle of landscape materials and
owners desiring various changes or upgrades the Towns riglrt-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 ilia Town residents. This
measure is consistent in all districts. not just ilia Place All Soleil district.
Christopher F. O'Hare
2520 Avenue Au Soleil
March G, 2012
Part 3
Metal Roof -1'rincinle and \linor:lcccsson Strocutres
Your recently received email dated March 5. 2012 confirms. "In response to yoto- entail
yacry gf.,Warch 3, 3013, my client knows of ai lease my properties in GaljSir•eanr with
mural rogjs. These proper lies are not .single jandly homes ".
There is a distinction that does render consequences because the entire 70 Chapter "Gulf
Stream Design Manual" pertains exclusively to single familyhomes, 4450 North
Ocean Boulevard ryas just wtnexed into the Town in March 2011 and permitting lirr this
structure was handled through the Palm Beach County review criteria. The Gulf Stream
\•lulti Family Code available and used for the 3551 North Ocean Boulevard was silent to
whether metal roofs could be used. Because the metal roof material %\-as not stated or
listed us prohibited by the code, the metal roofmalerial was approved.
Tltc Town docs not have n" list of metal roof materials' which you requested us such rool'
materialsare prohibited by two section of tltc code: section 70-187(2) and 70-99 (1).
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 then can be heard as related to the variance request. At this hearing .Mr. 01 lare's
engineer can appear and present his findings, or he can have his letter placed in the
record. The'fottn Cuntutission would also hear from experts used by the stall. In the
event avariance application is tiled, permission to enter the structure will be necessary so
that icchnical experts can properly evaluate the applicable structural components.. Within
a couple afdays 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). '1'he'Ibtwn's staff will provide the necessary paperwork and
application materials upon your client's request.
Respectfully,
William 1-1.'I'luashct•
'town Managcr
A-5
Commission Final Action
TOWN OF GULF STREAM
PALM BEACH COUWTy, FLORIDA
Tolepnone
COMMISIONERS '��•�("�� (5611276.5116
WILLIAM F. KOCK JR Mayor(
5611737-0162
K ORERL Vi:e Mayor (56117773
7•D 166
HW
FRED S.OEWR7 R1 � / Tvwn AlAvvgvr
W. GARRETT OERIHG.};?•.~ WILLIAM If. THRASHER
MURIEL J ANDERSON ' J, ir=,`•:`' Town Clerk
RITA L TATLOR
May 30, 2012
Christopher F. O'Hare
2520 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mr. O'Hare:
This is to confirm that at the Public Hearing held by the Board
of Adjustment on April 13, 2012 and continued to May 11, 2012,
your application £or an Appeal of Final Action of the Planning and
Building Administrator, that action being the denial of your request
to replace the existing roof with a metal roof rather than concrete
tile for which a permit had been issued, and further determining
that a variance application and it's approval would be necessary
in order to allow a metal roof, was considered.
The Town Commission, sitting as the Board of Adjustment, sustained
the opinion of the Building official that a variance is required
in that the applicant has not satisfied that portion of the Code
which provides an exception to allow a metal roof because you have not
not allowed the Town to verify the engineering report you submitted,
with regard to the strength of the structure_
very ftrullyy Yours, Ap7—
10
Rita L. Taylor U
Town Clerk
cc: Attny. Louis Roeder
100 SEA ROAD, GULF STREAM, FLORIDA 33483
A6
PDF of HurricanefService Web Page
htto:'//www'usatoday.com/weather/hu rricane/story/2012-06-01/h urrica ne-foreca s t15 5 3 3 372 2/2
Humcane prediction team raises forecast
By Jun Wermer, Flarldx Tadny
UU:1::If-d &1110125'.04 lam
On the first official day of the Atlantic hurricane season, a. Colorado slate Universitvforecast team added new storms to its forecast,
but members star expect slightly below-average storm activity because or an unusual cooling of the tropical Atlantic.
William Gray attends a national hurricane. adnferonce In New Orleans.
ellen:, 20,37 AP Ue± VMT.'
Thd team Friday raged lot 13 named storms, up from its April prediction of 10, during the 2012 A9anfic closer. That includes the two named
storms. Albedo and Beryl, that formed before June 1.
Frve'of Biose 13 are O4pecled to reach hurricane strength, one more than originally expected. Two. of those am expected to become major
hurricanes wish sustained winds of 111 mph or greater, a prediction that remained the same as In April.
The team aids for best estimates of storm activity, not an exact measure of storms, members say. They made their June 1 forecast based on
a new system that relies on 29 years of historical data,
,We have Increased our numbers slightly from dor early April (omcasl, duo largely to our uncadainty'as is whollmr'an EI Nino Will develop
later this Summer as Well as somewhal marginal Atlantic basin conditions,' Phil Klotzbnch, lead author of the forecasts said in a release.
The team's founder, 4Y19am Gmv, said pre. une-1 tropical grJane activity hhiodcatly has little bearing on the rest of the hurricane season.
'The only two seasons on record with Mro named. storms prier to June I were 1887 and 1908,- Gray said. -While 1887 was a very ach e
Mason, 1908 had average levels of acilvily., The Iasi season with a UL.. landfall prior W June .t Was 1970, which Was a relatively quiet
season,'
people still should prepare, the Colorado State team said. They accurately predicted a quiet storm season In 1992 But the one major
hurricane that formed was Hurricane Andrew, which devaslaled5outh Fic0da.,
Carmelo conditions are aligning similar to the way they did in the 1953; 1908, 20bi and 2009 hurricane seasons, the Colorado Stara loam
said.
'we anticipate that the 2012 hurricane season will have slightly more activity than What was experienced In the average of those four years,
due to the slightly .a mo eciiva season predicted by aur slaltstical model,:. Kfotzbach sold
The team Wel issue a final hurricane season forecast update Aug. 9. In on average year, about 85. _accent of named storm aciivBy,'And 95
pares' of major hurricane adIviily happens after Aug.1 when ocean can• tarshave warmed from summer heal In the Northern Hemisphere.
A-7
Insurance Denial E -Mail
SEEGOTT SHANZ INSURANCE
1165 SW 274 Street
Palm City, FL 34990
PH. 772-286-6359 Fax: 772-288-4273
August 11, 2012
Chris and Shelly O'Hare
2520 Avenue Au Soleil
Gulf Stream, FL 33483
Dear W. And Mrs. O'Hare;
After careful review of your property, I am unable at this time to offer you homeowners
insurance due to the condition of the roof.
I have contacted several Carriers, including our Surplus Lines Carriers. Both types of
insurers are unable to offer coverage at this time due to the risk.
Please contact me AFTER the roof has been completed and I'll do my best to place you
with a carrier that will cover your home and offer reasonable liability coverage.
Sincerely;
Nicole Clark
Licensed Agent
BP210U01 City of Delray Beach Florida
Application Miscellaneous Information Maintenance
Application number . . . . . 11 00135146
Property Control Number . . 20 43 46 04 22 0.00 0360
Address . . . . . . . . . . 2520 AVENUE AU SOLEIL
Type information, press Enter.
2=Change
4=Delete
5=Display
Opt Code
Date
Print Miscellaneous Information
CO
8/30/11
Y REROOF SLOPED 5:12 ENTEGRA 11-0414.09
_
CO
8/30/11
Y FLAT TAMKO 09-0820.11
HOLD
2/21/13
PER STEVE, NO FURTHER EXTENSIONS. IF
_
HOLD
2/21/13
ANOTHER EXTENSION IS REQUESTED, THE H/O
HOLD
2/21/13
WILL HAVE TO FILE A NEW PERMIT. KEB
HOLD
2/21/13
**7/3/13 THIS PERMIT WAS RENEWED IN
HOLD
2/21/13
ERROR ON 6/21/13 (PER THE ABOVE NOTE).
HOLD
2/21/13
PERMIT HAS BEEN REVOKED TO DISALLOW ANY
HOLD
2/21/13
FURTHER ACTIVITY. STEVE HAS SPOKEN WITH
HOLD
2/21/13
CONTRACTOR OF RECORD AND HOMEOWNER.
HOLD
2/21/13
THEY HAVE BEEN NOTIFIED THAT DUE TO THE
F3=Exit F6=Add F12=Cancel
12/01/15
8:01:40
More...
T-
'/)
BP210U01 City of Delray Beach Florida J/ 12/01/15
Application Miscellaneous Information Maintenance 8:01:40
Application number . . . . . 11 00135146
Property Control Number . . 20 43 46 04 22 000 0360
address . . . . . . . . . . 2520 AVENUE AU SOLEIL
type information, press Enter.
2=Change
4=Delete
S=Display
Dpt Code
Date
Print Miscellaneous Information
CO
8/30/11
Y REROOF SLOPED 5:12 ENTEGRA 11-0414.09
_
CO
8/30/11
Y FLAT TAMKO 09-0820.11
HOLD
2/21/13
PER STEVE, NO FURTHER EXTENSIONS. IF
_
HOLD
2/21/13
ANOTHER EXTENSION IS REQUESTED, THE H/O
HOLD
2/21/13
WILL HAVE TO FILE A NEW PERMIT. KEB
HOLD
2/21/13
**7/3/13 THIS PERMIT WAS RENEWED IN
HOLD
2/21/13
ERROR ON 6/21/13 (PER THE ABOVE NOTE).
HOLD
2/21/13
PERMIT HAS BEEN REVOKED TO DISALLOW ANY
HOLD
2/21/13
FURTHER ACTIVITY. STEVE HAS SPOKEN WITH
HOLD
2/21/13
CONTRACTOR OF RECORD AND HOMEOWNER.
HOLD
2/21/13
THEY HAVE BEEN NOTIFIED THAT DUE TO THE
More...
�3=Exit F6=Add F12=Cancel
BP210U01 City of Delray Beach Florida
Application Miscellaneous Information Maintenance
Application number . . . . . 11 00135146
Property Control Number . . 20 43 46 04 22 000 0360
Address . . . . . . . . . . 2520 AVENUE AU SOLEIL
Type information, press Enter.
2=Change
4=Delete
5=Display
Opt Code
Date
Print Miscellaneous Information
HOLD
2/21/13
CODE CHANGE AND A POSSIBLE CHANGE IN
HOLD
2/21/13
ROOFING MATERIAL, A NEW PERMIT
HOLD
2/21/13
APPLICATION WILL NEED TO BE SUBMITTED.
HOLD
2/21/13
HOMEOWNER AND CONTRACTOR UNDERSTOOD
HOLD
2/21/13
REQUIREMENTS. REFUND FOR RENEWAL WILL
HOLD
2/21/13
BE SENT. GULF STREAM HAS BEEN CONTACTED
HOLD
2/21/13
AND IS AWARE OF ALL OF THE ABOVE. KEB
_ MISC
8/30/11
CODE VER: FBC 2007
_ MI01
8/30/11
* NOC RECEIVED VIA FAX
MI01
8/30/11
T/S: 08/30/2011 02:18 PM BARKER ----
- MI01
10/28/11
1.00 hold - SBT ONLY GETS INSPECTIONS
F3=Exit F6=Add F12=Cancel
12/01/15
8:01:40
More...
BP210U01 City of Delray Beach Florida
Application Miscellaneous Information Maintenance
Application number . . . . 11 00135146
Property Control Number 20 43 46 04 22 000 0360
Address . . . . . . . . . 2520 AVENUE AU SOLEIL
Type information, press Enter.
2=Change
4=Delete
5=Display
Opt Code
Date
Print Miscellaneous Information
MI01
10/28/11
WORK BEYOND SCOPE OF PERMIT: ADDITION
MI01
10/28/11
BACK OF HOUSE, WINDOWS, & INTERIOR
MI01
10/28/11
PENDING CODE CASE PER TOWN OF
MI01
10/28/11
GULFSTREAM
MI01
10/28/11
10/28/11 - STOP WORK ORDER PLACED BY
MI01
10/28/11
STEVE. KEB
MI01
10/28/11
4/25/12 - HOLD RELEASED FROM THIS
MI01
10/28/11
PERMIT AND PLACED ON 11-136068. KEB
_ MI20
8/30/11
THE CITY OF DELRAY BEACH ENCOURAGES THE
MI20
8/30/11
USE OF ENERGY STAR PRODUCTS.
F3=Exit F6=Add F12=Cancel
12/01/15
8:01:40
Bottom
5617370188 Fax
OT:�� na
CITY OF OELAA4 BEA[H
100 NW 1"Avenue Delray Beach FL 33444
(561) 243-7200 Fax: (561)243-7221
Website: mydelraybeach.com
rl,-7 I 15:51:59 01-19-2016
ROOF / RE -ROOF PERMIT APPLICATION
PROPERTY CONTROL #: 20 -q3 - q6 - 01 -22 - COO- 03 by
PLEASE PRINT
JOS SITE ADDRESS 2520 Aof*J1/0' A+1 501,E 1-
PROPERTY OWNERNAME ()ARr--
HOME PHONE( r ) — CELL -57h I -�50 -7 L �)
PROPERTYOWNERADDRESS 25-20 A-02WE Ad 5aLWJL'
ROOF CONT'R (COMPANY) NAME -to a,7 19jr,RM 1 I;;h
ROOF CONT'R ADDRESS
CITY
BUS. PHONE
E-MAIL
CELL
ZIP
FOR OFFICE USE ONLY:
BLDG PERMIT #:
ROOF PERMIT #:
PERMIT FEE:
PLAN CHECK FEE:
MCR#:
APPROVALS:
PLAN: DATE:
P & Z: DATE:
2/2
NOTE: PERMIT EXPIRES IF WORK IS NOT STARTED WITHIN 180 -DA YS OR IF ACTIVITY LAPSES FOR 180 DAYS. PLANS MUST BE
ON THE JOB SITE FOR ALL INSPECTIONS. FINAL INSPECTION IS REQUIRED ON ALL PERMITS.
PROJECT COST;,(Labor and Maters la) S*>:' ''dDt9 � °�'-(
Check one. _NEW CONSTRUCTION _RECOVER OVER EXISTING )REMOVE EXISTING & REPLACE _RIR A/C UNITS
(Engineer's Letter Required) , (Meth. Permit Required)
Check one.. X SINGLE-FAMILY* _MULTI -FAMILY
COMMERCLAL
TYPEICOLOR OF ROOF MATERIAL REMOVED _ TYPE/COLOR OF ROOF MATERIAL INSTALLED
NOTE: FOLLOW MANUFACTURER'S GUIDELINES AND NOTICE OF ACCEPTANCE FOR SHINGLE INSTALLATION.
ROOF TYPE(CIRCLE):
FLAT
SLOPED q :12
0A
S ATr OF QUALIFIER
MANUFACTURER
A2-cI;7AM 0 5 1Wf.
CONTR. REGISTRATION #
PRODUCr APPROVAL NUMBER
IJopr �J IN - ® 220 , YL
SfjMPt-t✓
Praa/ I �
WORKERS COMP# EXEMPTS (FID /FEIN) #
STATE OF
COUNTYOF I 1
The foregoing instrument was acknowledged before me this Iq day
of��afiwfl'fC.t.1.201ia by
,paPr.°ykT, TINALMAM
MY COMMISSION I FF 124242
SignamreofNotary Public * _' EXPIRES: MY10,2018-
Personally Known V
OR
Produced Identification _
Type of Identification Produced
(SEAL)
Rvsd. 3/10
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$ PALM BEACH COUNTY
INSPECTIONS ax PLANNING, ZONING & BUILDING DEPARTMENT
(407) 233-5180
(407) 21 So. County
Minimumum 24 24 Hour Notice .C,O�. B ,U' I L D I N G D I V I S 10 N
PERMIT
SEE FRONT OF FORM FOR IMPORTANT PERMIT INFORMATION.
PERMIT
VIOLATION
RADON
FIRE REVIEW
ROADS
PARKS
ERM
PET #ZONEaCs
...
LIBRARIES
SCHOOLS
FIRE
PUBLIC BLDGS
LAW ENFORCEMENT
ROAD PATROL
ERM
PET #ZONEaCs
HEALTH
nusc. FEEs . ZONING
IOPERI#UNITS
BA #
SP #
PET #ZONEaCs
TAZ I SI N TAG #'
CONT CERTIFICATION # .
51.1-14 • • -
"e - i is Ac"�
..FFA'.J� ING
' • - •
qNG TWP I
SEC
I SUB
I-BLK
:-LOT ii
. CC _
INSP AR
Lyj-r'�1"
i�T7 fr'fSfj�'
a::
• • - W,L DATE , ;
" SOUAgE FOOTAGE
,VALUE
``i i 11
3 F
iiC ke1.
SEE FRONT OF FORM.
IMPORTAM'I NO'T'ICE: t..l..A..}.).;,
EF FEKC' T TVE' JANUARY 1, 2400, PtIL'i
PEACH COUN7'r WILL. INCREASE I1 -S
';,{'"ACT f"ESS ON N.J.) C:OI) MTRUCTION
fM',W Ab D I I. )AS ,
N�
I
IWNER: ' _riaa, ') I LL.
'ROPERTY ADDRESS:
'SUBDIVISION NAME:
IONTRACTOR NAME:
21.1- 0 AVE A(J SOLEI
PLACE AU SOLI IL
RON BF_I_L INC
THIS PERMR MAST BE VAIIDATEC
APPLICANT'S COPY s 8i .LG 99f 2D3
FFA CIAL
n
INSPECTIONS
�a07) 239-518o
(.0]) 278-2991 So. County
Unlrrum 25 Hour Nolico
B1 `PALM BEACH COUNTY
PERMIT PLANNING, ZONING & BUILDING DEPARTMENT
c � B'UI-LD'ING DIVISION
CONDITIONS C F'PF—RMIT
AS EVIDENCED BY THE PERMITTEE'S SIGNATURE ON THE PERMIT APPLICATION AND IN
CONSIDERATION FOR GRANTING THIS PERMIT, ITIS AGREED THAT IN ALL RESPECT THE
WORK WILL BE PERFORMED AND COMPLETED IN ACCORDANCE WITH THE PERMITTED
PLANS AND THE APPLICABLE CODES FOR PALM BEACH COUNTY, FLORIDA. THIS PERMIT
MAYsBE REVOKED AT ANY TIME UPON THE VIOLATION "OF ANY OF THE PROVISIONS OF
SAID LAWS, ORDINANCES, RULES, REGULATIONS, POLICIES AND PROCEDURES.
_
TIME LIMITATION
THIS PERMIT IS VOIDABLE (INACTIVE) IF THE WORK AUTHORIZED IS NOT INSPECTED
WITHIN 180 CALENDAR DAYS FROM THE DATE IT WAS ISSUED * OR IF AT ANY TIME MORE
THAN 180 CALENDAR DAYS LAPSE BETWEEN INSPECTIONS. THIS PERMIT IS VOID IF IT
IS NOT RENEWED WITHIN 365 DAYS FROM THE DATE IT BECAME VOIDABLE.
ALL DAYS ARE CALENDAR DAYS
- RESTRICTIONS
IN ADDITION TO LAWS OF PALM BEACH COUNTY AND THE CONDITIONS OF THIS PERMIT,
THERE MAY BE OTHER RESTRICTIONS ON THE USE OF YOUR PROPERTY FILED IN THE
PUBLIC RECORDS. THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOV-
ERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICTS, STATE AGENCIES_,_OR
FEDERAL AGENCIES. [F.S. 553.79(10), 1991
LIEN LAW.. '
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE
OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR
IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO
OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
ATTORNEY BEFORE RECORDING YOUR NOTICE OF
COMMENCEMENT.
SEE REVERSE OF FORM FOR PERMIT / INSPECTION INFORMATION.
work
relative to the
Owner ilf Q,` li hlnsc
Lessee
Address DCD r1 A,1 n lit) SDLP i (
Suite, Apt. or Bay#
city �i A 'C -(rI(>am rl
State 'FU Zip
Home Phone
Work Phone
❑ Owner/L ssee/ Builder
Qualifier ff11 I ZPYI_l�
Company( mcr f of
Address
City
State Zip a3U �5
Phone (yl,l) X31 1,V)_- E:L>i a OR
Contact Name/Phone mah�
License No. eav;:10aS
DESCRIPTION OF PPROVEMENT'TIIIIIIIIIIIII
Provide a complete description of the work you are proposing,
Including esttll ted value - r
Work consists of, or is associated with a building
owned as a:
❑ Condominium Single Family
❑ Multi -Family Dwelling Detached Dwelling
❑ Townhouse ❑ Commercial/Industrial
Previous Use (n an existing structure):
Estimated Value $ H I QQ
PALM BEACH COUNTY
Planning, Zoning & Building Department
BUILDING DIVISION
PRIMARY & FEE SUR -PERMIT
APPLICATION FORM
proposing. In addition to this application, a permit checklist
roughly completed prior to submittal If there Is currently an
as owner/lessee address
Bay, Apt. or Its NqQ,
Sub 'vision 7 PP fill nlel
Lot Block
Parcel Control Number (Reaulred - This number can be
found on the parcel's tax f�flLQ[brr� contacting the County
Property Appraiser's Office. .il) 410 �le — Oy—a`)
Qs(on
Owner/Builders may simultaneously apply for required Type 1 A
Excavation & Sub -Permits as allowed by local ordinance. Con-
tractors applying for an SFD permit may also apply for a Type 1-
A Excavation & Roofing Sub-Perrntt as allowed by State Statute.
Please check all scopes of work you are requesting.
WORK I IMPROVEMENT
Building
❑ New Construction
❑ Structure
❑ Alteration
❑ Sign
❑ Electrical
❑ Electrical
❑ Addition
❑ GasRepair/Replace
I❑
❑ Mechanical
❑ emolish
❑ Plumbing
❑ Install
S, Roofing
❑ Change of Contractor
❑ Pool/Spa
❑ Other
LI Excavation (Type 1-A)
If there is a primary permit associated with this application and
there is any question as to whether you are appropriately
applying fora'Fee Sub -Permit', please confirm prior to applica-
tion. Any fees paid erroneously are non-refundable.
Primary Permit _
Master Permit
Shell Permit_
Reference Permit
Concurrency # _
ONo ON/A Has the project proposed on this application received any form of approval required by the ULDC (Board of
County Commissioners, Zoning Commission, Development Review Committee, Board of Adjustment,
Concurrency, etc.) prior to permitting?
ONo ON/A Have all Conditions of Approval required prior to permitting been satisfied?
ONo Is the parcel where the proposed Improvement is located serviced by an'On-Sfte' Sewage Disposal System?
ONo Is there on existing violation on the proposed improvement site? Continued On Back
PCF # 0101 Rev. 7/96
Onnw 1
4 r r
Office Use
Pnnn 2
o
Subdivision
Zoning District
a
Plat Book O 41,9'7k
page /Yd
Petition#
2
%
��
L)Conditional Use C1 Rezoning (JB of A
o
Project #
Conditions Yes ❑
No ❑
Z ;
Use
Min. Setbacks
ul
Front Side Pear Side St. Other
TAZ
I
a
IL
Official Ad ress_f
C,
Inspection Area
o_
Parcel Comments
Address Comment
F
Or y o�� G
Bay or Suite #
ag-0
TVV
CTY RG P SEC SUB BLK LOT
Flood Zone
Type of Sewage Disposal
Type of Water Supply
u).
Finish Floor Elevation
❑ Public/Private Utility
13Public/Private Utility
chi
❑ Private
Septic Tank No.
❑ Private Well
P'
Z ¢',
Occupancy Type
E5 W :
GroupMixed
Occupancy
Construction Type
Area Modification
=v #Un
M a'
Dimensions
Separation Req.
Type
❑ Yes
_
Number of Stories
Principle Type Group
Protected ❑
❑ No
Height
Accessory Type Group—
Unprotected ❑
Area
Sprinkler ❑
PREFIX
TYPE CODE
ACTION CODE
DESCRIPTION CODE
DESCRIPTION
❑ B
❑ Primary
❑ Construct
❑ #
COMMENT
W
[ ] E
❑ Sub
❑ Addition
MULTIPLE PERMIT
N
LI I
❑ Sign Tag
Alteration
APPLICATION
U)tY
O
❑ M
#
❑ Repair
❑ Electrical
❑Demolition
❑ HVAC
❑ P
❑ Reference
❑ Relocation
❑ Mechanical
a
❑ T
#
❑ Manufactured
❑ Plumbing
❑ Installation
❑ Roofing
Municipal Service
Group Code
Cl Change of Contractor
❑ Type 1-A Excavation
TYPE REQ AUTH
DWG REQ REV REQ
FEE REQ
Y N
H
ELECTRIC
O O O
O O
O
HVAC
O 0 0
O ❑
D
J W
PLUMBING
O O O
O O
O
Q 2i
ROOFING
CI O O
O O
O
Z W
ALARM SYSTEM
O D O
O O
O
W °C
FIRE SPRINKLER
O O O
O O
O
W
FIRE SUPPRESSION
O 0 0
O O
O
JW
FUEL LINES
O 0 0
O O
O
a. ¢
FUELTANK
O O O
O O
O
E—
GAS
O O O
O D
O
N
HVAC/DUCT
O O O
O O
O
CC
HVAC/HOOD
O 00
O O
O
W
LOW VOLTAGE
O O O
O O
O
a
OTHER ;Xi,OTHER
OTHER
0 0
O O
O
L
IZSR"
Pnnn 2
or ate, as in, 0a. u• rna 001 Dao Dani rn.,:+1zA 1.rrh'1'1c.E
Wj U U I
METROPOLITAN DADE: COUNTY, FLORIDA
MEt"RO-DADE c1 Art ee e,,,,
' BUILDING CODE Z-OMPLIANCE OFFICE
MIETRO•DADE FLgGLER BUILDING
140 WEST FLAGLEF; STREET, SUITE ISS
PRODUCT CONTR NOTICE OF ACCEPTANCE MIAMI, FLORIDA 33135.1503
Monier Lifetile LLC (305) 375.2909
'Op FAX (305) 375.290e
N-
135 W 20th St. 'P
P
Bon Raton, FL 33431 P5%0p� CONTROL DIVISION
;;,0 ('305) 37-0.2902
Your application for Product Approval of 4dPrheJ 6,W,3 5) 372-5339
Monier Lifetile LLC "Mission S" and Espana Mission Roo6ag Tile e o
under Chapter 8 of the Miami -Dade County Code goveming the use 0fAher nate Materials an Ocfe-1 010,,
Of COnst^.Iction, and completely described in the plans, specifications and calculations as ;ubmitte
Center for Applied Engineering, Inc., Professional Service Industries, Inc., and Redl:lnd r0 loo t�`'
Techaclogies,
has been recommended for acceptance by the Building Code Compliance Office to be use,l in Dade
County, Florida under the specific conditions set forth on pages 2-14 and the standard coniitions an
page 15.
This approval shall not be valid after the expiration date stated below, The Building Codo Compliance
Ogee reserves the right to secure this product or material a: env time from a jobsite or manufacturer's
plant for quality control testing. if this product or material fails to perform in the approved manner, the
Building Code Compliance Office may revoke, modify, or suspend the use of such produ,:t or material
immediately. The Building Code Compliance Office reserves the right to revoke this apliroval, if it is
determined by the Building Code Compliance Office that this product or material fail! to meet the
requirements of the Sou:h Florida Building Code.
The expense of such testing will be incurred by the manufacturer.
"%
�[n/�j% )
ACCEPTANCE NO.: 97-1124.17 Renews: 95-0322.D5
EXPIRES: -/01 95-0316.03 gaul driguez
Product Control ,supervisor
MS S IS THE COVERSHFET SEE ADDITIONAL PAGES FOR SPECIFIC AND 0ENERAL
�. ,�I'�, SUiLF7PV-G';�dDE COtfitl'I'�EE
This application for prod6 ApprovZl has Seep renewed by the M am -Dade County Building Code
Compliance O Iceand" W&ed by the Bu !ding Code Cornmitte to b used in Dade County, Florida
under the condi ions"3Etiidrth above.
- Ch rtes Danger, P.E.
Dir ctor
Bui ding Code Comp:ia Ice Dept.
APPROVED: 6/25/99
t
Mia . i -Dade County
OF
Irternet mail address'. postmaster®UuildingeodeOnila0.eam
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Hamepage:'http9/wwc�o ,cam
TOWN NAL-:
GULF STREAM, FLORIDA 33483
8
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distinctiveness of Spanish architecture, popular in the early
California missions that stretched from San Diego de Alkala
to San Francisco Solamo.
• Classic style with the durability and value of concrete tile
• Distinct hue combinations that create a beautiful.
rustic appearance
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Citrus Clay
1HSW57�
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CRRC IGc _.:2 X154
Reflectance CO Ematanae'. 6.91 , SRI: 59
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In Stock item avellable in Pompano Beech. FL
Desert Spice Blend
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Burnt Mission
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New Southern Blend
IHB', ' , STANDARD
Pinto Blend (44,y roqi
1HBSS STANDARD
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1HBWS7u3-, PREMIUM
Raspberry Sorbet
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Mission Sunset
IHBSS6W:2 STANDARD
Ref ::dries. 1, -t, L17) NJ ui 0 51 i SRL 53
Cantaloupe
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White c,�,r
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COMMISSIONERS
SCOTT W. MORGAN, Mayor
ROBERT W. GANGER, VkrMayor
JOAN R. ORTHWEIN
THOMAS M. STANLEY
DONNAS. WHITE
August 4, 2015
Christopher
2520 Avenue
Gulf Stream,
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
O'Hare
Au Soleil
Florida 33483
Dear Mr. O'Hare:
NOTICE OF VIOLATION
Telephone
(561)276-5116
Fax
(561)777-0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L TAYLOR
Hand Delivery
Article 1198
On August 29, 2011 the Town of Gulf Stream issued zoning approval
for the replacement of the roof on the home you own at 2520 Avenue
Au Soleil and issued Receipt Number 5777 to your contractor, Rooftec
Corporation. On August 30, 2011, the City of Delray Beach issued the
re -roofing Permit Number 11-135146 to Roof tec Corporation. The -approved
permit covered re -roofing the structure with white, thru and thru,
flat cement tile with no slurry coating or paint. This work was started
but has, to date, not been completed in conformity with the permit
that was issued.
Section 42-29 CONSTRUCTION ABANDONMENT states that 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.
Section 70-238 ROOFS requires that roofs on homes that are predominately
with Bermuda influences have flat, white—thru and thru, smooth, un -coated
tile. The roof is in violation as there is no tile in place.
Section 70-99 ROOF DESIGN, SLOPE AND MATERIALS (3) Prohibited lists
inconsistent roofing materials visible from the exterior o t e property,
except approved accent materials. The material that has been applied is
inconsistent with roofing materials visible from the exterior of the
property or with any other house in town and thus is in violation
of this section of the Code.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
'' 2
Page 2
August 4, 2015
Christopher O'Hare
This is to be considered official notice to correct these violations
within 30 days of delivery and/or posting of this notice. It will be
necessary that you file a new application as there have been changes
in the Florida Building Code during this period of inactivity.
Failing to comply with this order shall result in an appearance before
the Special Magistrate and further action as provided in Chapter 2,
Division 2 of the Code of Ordinances, a copy of which is enclosed
along with copies of the Sections referred to herein.
Sincerely,
Rita L. Taylor Q
For:
William H. Thrasher, Town Manager
RETURN RECEIPT
Addressed To: Article
Christopher O'Hare 198
2520 Ave. Au Soleil
(til f Stream, Florida 33483
Signature of Addressee
or
Date Delivered
gnature
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
G F
SCOTT W. MORGAN, Mayor
=
T
,�
ROBERT W. GANGER, Vine -Mayor
JOAN R. ORTHWEIN
THOMAS M. STANLEY
�+
'
DONNA S. WHITE
2_
NOTICE OF VIOLATION
August 14, 2015
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mr. O'Hare:
Telephone
(561)Z76.5116
Fax
(561)737.0188
Town Manager
WILLIAM H. THRASHER
Town clerk
RRA L TAYLOR
Hand Delivery
Article #199
On August 29, 2011 the Town of Gulf Stream issued zoning approval
for the replacement of the roof on the home you own at 2520 Avenue
Au Soleil and issued Receipt Number 5777 to your contractor, Rooftec
Corporation. On August 30, 2011, the City of Delray Beach issued the
re -roofing Permit Number 11-135146 to Rooftec Corporation. The approved
permit covered re -roofing the structure with white thru and thru,
flat cement tile with no slurry coating or paint.. This work was started
but has, to date, not been completed in conformity with the permit
that was issued.
Section 42-29 CONSTRUCTION ABANDONMENT states that 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.
Section 70-238 ROOFS requires that roofs on homes that are predominately
with Bermuda influences have flat, white thru and thru, smooth, un -coated
tile. The roof is in violation as there is no tile in place.
Section 70-99 ROOF DESIGN, SLOPE AND MATERIALS (3) Prohibited lists
inconsistent roofing materials visible from the exterior o the property,
except approved accent materials. The material that has been applied is
inconsistent with roofing materials visible from the exterior of the
property or with any other house in town and thus is in violation
of this section of the Code.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Page 2
August 14, 2015
Christopher O'Hare
This is to be considered official notice to correct these violations
within 30 days of delivery and/or posting of this notice. It will be
necessary that you file a new application as there have been changes
in the Florida Building Code during this period of inactivity.
Failing to comply with this order shall result in an appearance before
the Special Magistrate and further action as provided in Chapter 2,
Division 2 of the Code of Ordinances, a copy of which is enclosed
along with copies of the Sections referred to herein.
Sincerely,
-%L /
William H. Thrasher
Town Manager
Encls.
RETURN RECEIPT
Addressed To: / Article
Christopher O'Hare
2520 avenue Au Soleil
or
Ageftt Signature
i
199
Date Delivered
Town of Gulf Stream Aft d rC),ef i ✓2rr d
100 SeaRoad Ar rj'(l-C :200
Gulf Stream, FL 33483
CODE ENFORCEMENT SPECIAL MAGISTRATE Fax
TOWN OF GULF STREAM, FLORIDA
CASE NO: CE 15-1 10-30-15
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to section 2-75 of the Town of Gulf Steam Code of Ordinance, the undersigned hereby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Codes) more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL
MAGISTRATE of the Town.
I. Location/Address where violation(s) exist(s): 2520 Averme An Soleil, G UlfStrean, FL 3341
2. Legal Description:. lot 36, Place An Soleil Subdivision
3. Name and address of owner/person in charge where violation(s) exist(s): Choi atrn hCr F.
O'Hara and Shelley L.C. O'Hara, 2520 Avawe Au Soleil, Gulp Stream, FL 33483
4. Violation of Town Code Section(s) and description(s): Sec. 42-29 WNsnuxTim ABAIT�4.lINP
Failed to complete construction witidn tj+ra came of Bldg. Permit. Sec. 70-238 R1XII5
Calls for flat, white thm' 6 thm, s th, un -coated til- but no tile has been
' - itr
dncamdstart roofing materials visible from exterior of property ar with any other
a TL.....,.. ..-: ..1 1, 1, b t 1 l F
SaC.
(SEE ATTACHED "EXHIBITS OF VIOLATION)
5. Date of First Inspection: _ July 17, 2015
6. Date owner first notified of violation(s):. August 14, 2015
7. Date on/by, which violations are to be corrected: Seoteaber 14. 2015
rococo+rrrr+rr+rrrr+rr+rrraplgpORTANT NOTICB+++++rr+r++rococo+rrrrrrr
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 11-16-15 at 2:00 P.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
r C
. illiam H. Thrasher, Town Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276-5116 ON OR BEFORE
11-19-111 . THAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND
DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT
YOU ARE REQUESTING A REINSPECTION.
IF THE VIOLATIONS) IS/ARE NOT CORRECTED IN THE TIME SPECIPM 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 TILE SPECIAL MAGISTRATE HEARING.
IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED MED HY 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 RvaffiDIATE
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-complinncc.
If the Town is successful in pmsecuting 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 TBE'TO WN.
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
APPL-CATION 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 pmeeedings 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, Town gerk
Town of Gulf Stream
TOO Sea Road
Gulf Stream, FL 33483
(561) 276-5116
1114 2141I. M W.
Addressed To:
9
Article
200
Date Delivered
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C O D E E N F O R C E M E N T S P E C I A L M A G I S T R A T E
T O W N O F G U L F S T R E A M , F L O R I D A
C A S E N O : C E 1 9 - 1 1 1 - 1 0 - 1 5
S T A T E M E N T O F V I O L A T I O N A N D N O T I C E O F H E A R I N G
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n o t i c e o f u n c o r r e c t e d v i o l a t i o n ( s ) o f t h e T o w n o f G u l f S t r e a m C o d e s ) m o r e p a r t i c u l a r d e s c r i b e d
h e r e i n , a n d r e q u e s t s a P U B L I C H E A R I N G b e f o r e t h e C O D E E N F O R C E M E N T S P E C I A L
M A G I S T R A T E o f t h e T o w n .
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4 . V i o l a t i o n o f T o w n C o d e S e c t i o n ( s ) a n d d e s c r i p l i o n ( s ) . S e c . 4 2 - 2 9 C O N S I R U C C i O N A B A N D O I Z E N I !
F a i l e d t o c o m p l e t e c o n s t r u c t i o n w i t h i n t h e o g . e r t e n , e c . 0 - 2 3 8
R O O F S c a l l s f o r f l a t , w h i t e t h r u & t h r u , s m o o t h , u n - c o a t e d t i l e b u t n o t i l e h a s b e e n
= B t s [ I i e d o v e r -
p r o h i b i t s i n c o n s i s t e n t r o o f i n g m a t e r i a l s v i s i b l e f i r m e x t e r i o r o f p r o p e r t y o r w i t h
a n y O m e r r o u s e I n t o w n . ' i ' n e m a t e r i a a a n
o f t h i s s e c t i o n .
A T T A C H E D " E X H I B I T S O F V I O L A T I O N " )
5 . D a t e o f F i r s t I n s p e c t i o n : _ J u l y 1 7 , 2 0 1 5
6 . D a t e o w n e r f i r s t n o t i f i e d o f v i o l a t i o n ( s ) : A u g m t , 1 6 2 0 1 5
7 . D a t e o n ( b y , w h i c h v i o l a t i o n s a r e t o b e c o r r e c t e d : S e p t e n b e r 1 4 , 2 0 1 5
* * * * * * * * * * * * * * * * * * * * * * * * * * * U A P O R T A N T N O T I C E * * * * * * * * * * * * * * * * * * * * * * * * *
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C O N T A C T S T H E U N D E R S I G N E D C O D E I N S P E C T O R A T 5 6 1 - 2 7 6 - 5 1 1 6 t o v e r i f y
C O M P L I A N C E w i t h t h e T o w n C o d c ( s ) c i t e d h e r e i n , N O T I C E I S H E R B Y G I V E N T H A T A P U B L I C
H E A R I N G W I L L B E C O N D U C T E D f o r t h e a b o v e r e f e r e n c e d p r o p e r t y b e f o r e t h e T o w n o f G u l f
S t r e a m C o d e E n f o r c e m e n t S p e c i a l M a g i s t r a t e o n D P a t b ��t 1 0 A . M . o r a s s o o n t h e r e a f t e r
a s t h e c a s e c a n b e h e a r d i n t h e T o w n H a l l C o m m i s s i o n C h a m b e r l o c a t e d a t 1 0 0 S e a R o a d , G u l f
S t r e a m , F l o r i d a .
Y O U A R E R E Q U I R E D T O A P P E A R B E F O R E T H E S P E C I A L M A G I S T R A T E a t t h a t t i m e t o
a n s w e r a l l e g a t i o n s t h a t y o u h a v e v i o l a t e d t h e a b o v e c i t e d s e c t i o n s o f t h e C o d e o f O r d i n a n c e s o f t h e
T o w n o f G u l f S t r e a m I F Y O U F A I L T O A T T E N D , t h e S p e c i a l M a g i s t r a t e m a y b a s e h i s / h e r f i n d i n g s
s o l e l y u p o n p r e s e n t a t i o n b y t h e T o w n C o d e I n s p e c t o r
W i l l i a m H . T h r a s h e r , T o w n M a n a g e r
T o w n o f G u l f S t r e a m
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276-5116 ON OR BEFORE
November 30, 2015, THAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND
DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT
YOU ARE REQUESTING A REINSPECTION.
IF THE VIOLATIONS) IS/ARE NOT CORRECTED IN THE TBvIE 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 Ends that you have committed a violation, he/she may order IMMEDIATE
COMPLIANCE with the Cade 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, To4n Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276-5116
v91om C�7�
Addressed To:
Article #
Mr. or Mrs. Christopher O'Hare 202
2520 Ave. Au Soleil —
Gulf Stream, FL 33483
Date Delivered