HomeMy Public PortalAboutAPP 000~01TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
March 13, 2000
Mr. & Mrs. David Van Dinter
960 Emerald Row
Gulf Stream, Florida 33483
Dear Mr. & Mrs. Van Dinter:
This is to confirm that at the Public Hearing held by the Town Commission
on March 10, 2000, your application for a Variance and a Level 3
Architectural /Site Plan Review was considered.
The Commission upheld the recommendation of the Planning Board and,
consistent with Section 66 -154 Paragraph 4 of the Town Code of Ordinances
in that the portion submitted does not deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district, they
denied the variance as they felt there is no undue hardship on the
applicant to justify the variance.
The Level 3 Architectural /Site Plan Review was also denied in that the
variance request had been denied.
With regard to the recommendation from the ARPB that consideration be
given to the possibility of a future code change in relation to
controlling the size of boats and lifts, the Commissioners agreed that
this should be considered at such time as there are other code changes
under study, recognizing that a code change has just taken place.
I am enclosing a copy of the charges due the Palm-Beach Newspapers, Inc.
that have been received to date. These are in the amount of $404.60.
Any additional charges will be forwarded to you under separate cover.
Please make your check payable to the Town of Gulf Stream and forward to
the address below as we have already paid Palm Beach Newspapers, Inc.
Very truly yours,
(i)ta L. Taylor
Town Clerk
Encl.
.4 yC/ y. �
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Telephone
(561) 276 -5116
COMMISSIONERS
Fax
WILLIAM F. KOCH, JR., Mayor
(561) 737 -0188
JOAN K. ORTHWEIN, Vice Mayor
Town Manager
FRED B. DEVITT III
KRISTIN KERN GARRISON
ROBERT W. HOPKINS II
Town Clerk
WILLIAM A. LYNCH
RI TA L. TAYLOR
March 13, 2000
Mr. & Mrs. David Van Dinter
960 Emerald Row
Gulf Stream, Florida 33483
Dear Mr. & Mrs. Van Dinter:
This is to confirm that at the Public Hearing held by the Town Commission
on March 10, 2000, your application for a Variance and a Level 3
Architectural /Site Plan Review was considered.
The Commission upheld the recommendation of the Planning Board and,
consistent with Section 66 -154 Paragraph 4 of the Town Code of Ordinances
in that the portion submitted does not deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district, they
denied the variance as they felt there is no undue hardship on the
applicant to justify the variance.
The Level 3 Architectural /Site Plan Review was also denied in that the
variance request had been denied.
With regard to the recommendation from the ARPB that consideration be
given to the possibility of a future code change in relation to
controlling the size of boats and lifts, the Commissioners agreed that
this should be considered at such time as there are other code changes
under study, recognizing that a code change has just taken place.
I am enclosing a copy of the charges due the Palm-Beach Newspapers, Inc.
that have been received to date. These are in the amount of $404.60.
Any additional charges will be forwarded to you under separate cover.
Please make your check payable to the Town of Gulf Stream and forward to
the address below as we have already paid Palm Beach Newspapers, Inc.
Very truly yours,
(i)ta L. Taylor
Town Clerk
Encl.
.4 yC/ y. �
100 SEA ROAD, GULF STREAM, FLORIDA 33483
TOWN OF GULF STREAM
ARCHITECTURAL REVIEW AND PLANNING REPORT
Application #: 000 -01
Address: 960 Emerald Row
(Place Au Soleil)
Owner: David L. Van Dinter
Agent: N/A
Approval Requested: Architectural /Site Plan Review, Level III
Variances: Variance from provisions requiring that boat lifts which exceed
500 pounds lifting capacity be attached only to seawalls or
platforms landward of the seawall. The Van Dinters would like
to install a 25,000 -pound capacity lift supported by 8 pilings.
Zoning District: RS -P
Proposed Height of lift: not provided
Adjacent Residences: Adjacent to north is a vacant lot, to the west is the "other various style"
home, to the west is a one -story G.S. Bermuda home.
Potential Issues Considered during Review: Impact on water views; mandatory variance criteria
Recommendation:
That the application be postponed for one month to allow the applicant to bring back a boatlift
design that has a smaller boat - weight capacity and is less massive in scale (for example, a four
post rather than an eight post design).
Variance
If the Commission Approves the variance, the following conditions are recommended:
1. Prior to application for a building permit to construct the lift, a restrictive covenant shall be filed
imposing the following restrictions on the use of the lift:
a. No boat over 32 feet in length (as measured according to U.S. Coastguard standards) shall
be stored on the lift.
b. No boat exceeding 11' in vertical clearance shall be stored on the lift. Height is to be
measured from waterline to the highest point on the boat, including installed canvas or Bimini tops,
but excluding antenna.
2. The boatlift shall be setback a minimum of 35 feet from the north side property line.
3. The boatlift shall have a maximum lifting capacity of 15,000 pounds and shall be supported by
only four wooden pilings. No top -beam members (cross members at the waterline are acceptable) and
no concrete supporting posts shall be installed.
4. Prior to application for a building permit the applicant shall bring back for Planning Board
approval a site plan and boatlift specifications demonstrating compliance with the above conditions.
Level III Architectural /Site Plan Review
Motion to defer consideration of the Level III Architectural /Site Plan Review, until the
applicant demonstrates compliance with conditions #2 , #3 and #4 above.
Basis for Recommendation:
There are two perspectives to be considered relative to this variance request, as follows:
1) The current code provisions are designed to ensure that simplicity and aesthetics are maintained,
water views are not diminished and that the waterway remains free of numerous structures. As an
example, the placement of a 32 -foot boat with flybridge and canvas top on a lift could be
ARPB # 000 -01, Page 1
approximately 18 -19 feet tall. This is equivalent to the height of a one -story home and could have
an impact on the neighboring properties' views as well as the aesthetics of the watwerway.
2) On the other hand, this property is located directly on the Intracoastal Waterway in an area that is
not designated as a "No Wake Zone." This particular property is different from the other dual
frontage" point" lots in Place Au Soleil in that it has only nominal arc - shaped frontage on the canal.
As such it is not possible keep a sizeable boat in the water at this location. Davits and boatlifts
attached to the seawall generally do not allow the lifting capacity necessary for a larger boat without
risking damage to the seawall. It may be reasonable to consider this a hardship in a waterfront
community.
In total there are 11 other lots in Gulf Stream that have frontage on the ICWW without alternate
docking options on a canal or cove. If the variance is granted, the board's findings should make
clear the specific circumstances that justified the variance. Additionally, in order to approve this
variance, the Board must find each of the eight mandatory variance findings (attached). The Van
Dinters' justification is also attached.
The Place Au Soleil Homeowners is scheduled to review this proposed lift at its February 8"
meeting.
Requirements to be met prior to Building Permit Application:
1. Filing of a restrictive covenant.
ARPB Date: February 24, 2000
ARPB Recommendations:
1. Recommend Denial of the variance due to the applicant's refusal of the restrictive covenant
conditions, Vote: 5-0
2. A second motion was made to recommend that the Commission look into the possibility of a
future code change regarding the size of boats and boat lifts, Vote: 5 -0.
3. Recommend Denial of the Level 3 Architectural Site Plan Review, Vote: 5 -0.
Commission Date: March 10, 2000
Action: Vote:
1. Denied the variance per Sec.66- 154(4) 5 -0
2. Commission agreed that there would be no review of code until such time
as other amendments are considered.
3. Denied Level 3 Arch. /Site Plan Review. 5 -0
ARPB # 000 -01, Page 2
RECEIVED
JAN - 3 200o
APPLICATION FOR DEVELOPMENT APPROVALTown of Gulf Stream, FLLevel III
Building Department
This form is to be used for all development review applications to be heard by the Town of Gulf
Stream Architectural Review and Planning Board, Board of Adjustment, and /or Town
Commission. To complete the form properly, please review the accompanying Town of Gulf
Stream Instruction Manual for Application for Development Review Form. Failure to complete this
form properly will delay its consideration.
ARPB File #i_ 4 d r I
To be completed by all applicants. PART I. GENERAL INFORMATION
.Project Information
1.A.1. Project /Owner Name: DAVID L. VAN DINTER
l .A.2. Project Address: 960 EMERALD ROW
1.A.3. Project Property Legal Description: Reside ce: Place Au Soleil Subdivision Lot 59
-pi at-_ (''n„ri- Dnn P1 ai-o Rook 27
1.A.4. Project Description (describe in 46 Nbr
000 0590
24 x 5 Ft. Dock and 25,000 lb. four -motor aluminum cradle boat lift.
1.A.5. Square Footage of New Structure or Addition:
Architectural Style: DOCK: 24 f tX 5 Ft.
1.A.6. Project Property Size in Acres and Square Feet: Residence Property IS0•4c1
1.A.7. Check all that apply: ❑ Architectural /Site Plan Review ❑ Land Clearing Y7 Variance
(complete Section G) ❑ Special Exception (complete Section F) ❑ North Ocean Boulevard
Overlay (complete Section B) ❑ Demolition of Structures ❑ Non - residential uses
1.A.8. (a) Proposed F.F.E.: (b) Type of Foundation:
&Owner Information
1 .B.1 . Owner Address: 960 EMERALD ROW
STREAM, FL 3348_R
1.B.2. Owner Phone Number: 5 ti, - ? -, 84 2 6 Fax: � (
- a me-�S a l l )
1.B.3. Owner Signature:
CC Xgent Information
Installer:
1.C.1. Agent Name and Firm: T
ft _qjr�tezns, Inc
1.C.2. Agent Address: 1801 SW 7th Ave., Pompano Bach 33060
1.C.3. Agent Phone Number954 -941 -8090 Mobile: Fax: 954 - 781 -ca -iaa
l .C.4. Agent Signature:
y-
Pre -App Date
App Date /- 3 - e- 0
Comm Date
Official Use
ARPB Date .2- 2
Rec.
TC Date 3 -- ((00 -}C-
nAriSinn nl 1 .,. 0 ►Y 1
RECEIVED
JAN - 5 2000
APPLICATION FOR DEVELOPMENT APPROVALTown of Gulf Stream, FL
Building Departr►wnt Level
This form is to be used for all development review applications to be heard by the Town of Gulf
Stream Architectural Review and Planning Board, Board of Adjustment, and /or Town
Commission. To complete the form properly, please review the accompanying Town of Gulf
Stream Instruction Manual for Application for Development Review Form. Failure to complete this
form properly will delay its consideration.
ARPB File #
Two be completed by all applicants. PART I. GENERAL INFORMATION
Project Information
1.A.1. Project /Owner Name: DAVID L. VAN DINTER
1.A,2. Project Address: 960 EMERALD ROW
Residence: Place Au Soleil Subdivision Lot 59
1.A.3. Project Property Legal Description: P a i- i P rk --a r; ;
r'nnr;- PR(' pl ato Rnok 27
1.A.4. Project Description (describe in detail,Pincu ding 43_46 Nbr
000 0590
24 x 5 Ft. Dock and 25,000 lb. four -motor aluminum cradle boat lift.
1.A.5. Square Footage of New Structure or Addition:
T,TFm. 19 ft. X 16 Ft
Architectural Style: DOCK: 24 f tX 5 Ft.
1.A.6. Project Property Size in Acres and Square Feet: Residenc Property f8o•4ot x (2,; . °° (Goo,
Xy�/1
1.A.7, Check all that apply: ❑ Architectural /Site Plan Review ❑ Land Clearing Y1 Variance
(complete Section G) ❑ Special Exception (complete Section F) ❑ North Ocean Boulevard
Overlay (complete Section B) ❑ Demolition of Structures ❑ Non - residential uses
1.A.8, (a) Proposed F.F.E.:
&Owner Information
(b) Type of Foundation:
I.B.I. Owner Address: 960 EMERALD ROW -M FL 33483
1,13.2. Owner Phone Nur
l .B.3. Owner Signature:
000W&Mformation
Installer:
1,C.1. Agent Name and Firm: F _ ('n �t nm T ; ff c
1.C.2. Agent Address: 1801 SW 7th AVe., Pompano Bach 33060
1.C.3. Agent Phone Number954- 941 -8090 Mobile:
I C.4. Agent Signature:
Pre -App Date
App Date
Comm Date
Official Use Only
ARPB Date
Rec.
I C Date
Decision
e
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