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Home My Public Portal About09/09/1988COMMISSIONERS WILLIAM F. KOCH, JR., Mayor ALAN I. ARMOUR, Vice Mayor JAMES E. CROSS JAMES T. SKELLY, JR, LAWRENCE E. STAHL TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 334&3 TEL: GULF STREAM (407) 2753115 COMMISSION MEETING Town Manager SEPTEMBER 9, 1988 WILLIAM E. GWYNN Assistant Town Manager-Town Clark 9 A.M. AGENDA COMMISSION CHAMBERS BARBARA GWYNN Chlel 01 1 ollc9 JAMES GREER Please be advised that if a person decides to appeal any decision made by the Town Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of theses proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The Town does not provide or prepare such record. 1. Roll Call. 2. Approval of Minutes, August 12, 1988. 3. Financial Report. 4. Police Report. 5. Planning and Zoning Board Report. 1. Final Site Plan Review — Mr. and Mrs. Timothy J. Farris 3649 N. Ocean Blvd Garage Addition. 2. Variance Request — Mr. Tom Walsh 1709 North Ocean Blvd. Garage and second story guest house facilities 3. Preliminary site plan review — Mr. and Mrs. Jim Sherman 915 Emerald Row A request to construct a boat dock on vacant lot # 63 925 Emerald Row. 6. Report on meeting with F.I.N.D. staff. 7. Discuss November meeting date change from the 11th to the 18th. 8. Discuss possible litigation and cost. 9. Commission Comments 10. Public Comments 11. Adjournment TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH. JR., Mayor ALAN I. ARMOUR, Vice Mayor LAWRENCE E. STAHL TOWN CCNPVIISSION MEETING JAMES T. SKELLY, JR. JAMES E CROSS MFFPrPTNG September 9, 1988 MAIL ADDRESS 100 SEA ROAD GULF STREAK FLORIDA TEL31li 3 3aTREAM 2765116 Town Manager WILLIAM E. GWYNN Assistant Town Managef-Town Clerk BARBARA GWYNN Chief of Police JAMES GREER The meeting was called to order at 9:00 a.m. by the Hon. William F. Koch, Mayor. 1. Roll Call Present: William F. Koch, Alan I. Armour James E. Cross Lawrence E. Stahl Also present: Absent 2. Minutes Jr. Mayor Vice -Mayor Commissioner Conmi.ssioner William Gwynn Barbara Gwynn William A. Mayer John Randolph, Esq. James Greer John Buchan Richard Brandt Robert Dittman, Esq. Scott Williams, Esq. Mr. Boyer Mr. Alvarez Mrs. Kelly James T. Skelly Town Manager Town Clerk Chair, Planning & zoning Board Town Attorney Chief of Police Captain, Police Department Code Enforcement Officer Place Au Soleil Home Owners Assoc. Appearing for Mr. & Mrs. Oren Attorney for Mr. T. Walsh Contractor for Mr. Farris Interested party (F.I.N.D.) Commissioner' On motion duly made and seconded the Minutes of the meeting of August 12, 1988 were approved. 3. Financial Report The Financial Report for the month of August was approved as submitted by Mr. Gwynn Town Commission Meeting September 9, 1988 Minutes Page Two 4. Police Report Mayor Koch welcomed Chief Greer "back home ". Chief Greer acknowledged the welcome with thanks. Commissioner Cross offered a vote of thanks to Captain Buchan for the excellence of his service as Acting Chief of Police during an especially difficult time. Captain Buchan responded with thanks. Captain Buchan gave the Police Report for the month of August noting the department is now up to strength. On inquiry into the Town's liability coverage relating to a specific incident, the Town Attorney asserted the matter should be turned over to the Town carrier's attorney. Continuing on liability coverage, Mayor Koch said such coverage would be discussed at the next commission meeting. The Mayor requested an insurance coverage summary be provided the Commissioners. 5. Planning and Zoning Board Report a. Final Site Plan Review Mr. and Mrs. Timothy J. Farris, 3649 N. Ocean Blvd. Garage Addition. On motion duly made and seconded the Commission approved this request pending proof of recording and filing of the necessary instruments. b. Variance Request Mr. Tom Walsh, 1709 No. Ocean Blvd. The request is for two variances, one for the set -back and one for the guest house (garage and second story guest house facility). Discussion ensued between the attorneys for both sides (Messrs. Walsh and Oren) and the Commission, and examination of building and landscaping blueprints by all parties. Attorney Williams acknowledged Mr. Oren had not had sufficient time to review the requests. Inasmuch as Petitioner attorney is prepared to reduce the request to one variance (the set -back) and with attorney Williams approval on behalf of Mr. Oren, the Commission on motion duly made and seconded approved the variance set -back request for a one -story three car garage. Action on the guest house is deferred until Mr. Oren has had an opportunity to study the situation. c. Preliminary Site Plan Review Mr. and Mrs. J. Sherman, 915 Emerald Row. Request to construct a boat dock on vacant lot 1163, 925 Emerald Row. The Commission, on motion duly made and seconded, approved this request subject Town Commission Meeting September 9, 1988 Minutes Page Three c. Mr. and Mrs. J. Shen (continued) to the following: execution of an Agreement drawn up and approved by the Place Au Soleil Home Owner's Association; approval by the Town Attorney of said Agreement and notification by letter frmn the Town to all surrounding property owners advising them of this request, for their comments by September 30, 1988. Mayor Koch did not participate in this action and has filed disclaimer Form 8B to that effect, said Form 8B is attached hereto and made a permanent part of this record. 6. Report on Meeting with F.I.N.D. Mayor Koch reported on said meeting noting alternative uses of the property and possible funding sources. Mr. Gwynn read a letter from Mr. Nowlin, attorney for Seacrest Commercial Properties, Ltd., developers interested in the F.I.N.D. property, setting forth Seacrest's proposals as follows: In consideration of the Town withdrawing its objections to Seacrest's acquisition of the F.I.N.D. property, Seacrest would be willing to do the following: 1. Grant an access easement road from Federal Highway. 2. Will deed restrict the property so that it would always remain in the Town of Gulf Stream subject to the Town's single family zoning. 3. By deed restriction, create a 25' buffer between the residential property it expects to build and Place Au Soleil. Mayor Koch suggested attorneys Randolph and Nowlin get together for discussion of said proposals. Members of the Commission will meet with home owners of Place Au Soleil to discuss available alternatives at a later date. Attorney Nowlin's letter is attached hereto and made a permanent part of this record. Mrs. Kelly spoke on preliminary plans of Seacrest for the area, noting major changes to the original plans. Mayor Koch noted these comments and said everyone will be kept informed of developments related to this subject. Mr. Armour made a motion to change the Town Commission meeting date from November 11th to the 18th, 1988. Motion seconded and passed. Town Ccimiission Meeting September 9, 1988 Minutes Page Four 7. Butkus Letter on Pulte Residence Mr. Gwynn read a letter from Mr. Butkus on compliance. Said subject will be on the Agenda for the next Town Commission meeting. 8. Request for Payment of Dues for South County Council of Governments The Commission approved payment of $100 dues for membership in this organization. There being no further business to come before the Comnnission the meeting was adjourned at 10:10 a.m. Town 1 k TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS MAIL ADDRESS 100 SEA ROAD VILLIAM F. KOCH. JR.. Mayor GULF STREAM, FLORIDA .LAN I. ARMOUR, Vice Mayer PLANNING AND ZONING BOARD MEETING 33463 TEL GULF STREAM AWRENCE E. STAHL 2765116 AMES T. SKELLY, JR. MINUTES AMES E. CROSS Town Manager WILLIAM E. GWYNN MARCH 2, 1988 Arelatant Town ManagarTUwn Clark BARBARA GWYNN Chief of Police JAMES GREER The meeting was called to order at 9 a.m. by William A. Mayer, Chairman. 1. Roll Call Present: William A. Mayer, Chairman Thomas E. Brandt William Lynch (Mrs.) Joan Orthwein Absent: Charles E. Eaton, Vice — Chairman Also Present: (Mrs.) Barbara Gwynn, Town Clerk Richard Brandt, Code Enforcement Officer Robert Federspeil, appearing for Mr. and Mrs. Farris Mark Marsh, appearing for Mr. Sheehan Mr. Sherwood Sheehan Mr. Brian Pfeifler 2. Minutes On motion duly made and seconded the minutes of the February 3, 1988 meeting were approved. 3. Site Plan Review and Variance Request. Mr. and Mrs. T. Farris, 3649 Ocean Blvd. Gulf Stream Ocean Tracts, Lots 8 and 9, garage and roof. After examination of plans and pictures and close scrutiny with Attorney Federspeil on property lines and there being no objection by neighbors all of whom had been notified and one of whom was present, Mr. Brian Pfeifler, the Board approved the variance request and instructed the parties involved continue to pursue the needed adjustment of the property lines. It was also noted that on the s/s of the property a variance would have been required to place a new roof on the existing archways. The Board approved this request in order to preserve this unique entrance to the patio bandshell area. 4. Site Plan Review Request to construct a single family residence. Mr. Tom Walsh, Lot 1, 100' N.t 668' S of Gulf Stream Ocean Tracts. TOWN OF GULF STREAM Financial Report September 1988 OPERATING ACCOUNT Balances 8/31/88 $ 58,565.52 Deposits 80,697.03 Withdrawals 85,296.07 Balances 9/30/88 53,966.48 Receipts FL Revenue Sharing 765.00 Fines 765.00 Licenses 1,278.64 Water 11,832.01 Trash 4,990.00 Half -Cent Sales Tax 2,146.99 Other 39.90 Permits 437.50 Cigarette Tax 162.20 Insurance Refund 498.75 County Gas Tax 2,321.78 Electric Franchise 5,049.74 Lots Cleared 60.00 Transfer from MM Account 50,000.00 Reimburse for Engineering Expense 349.52 TOTAL 80,697.03 Invested Funds General Funds 137,156.82 Water 65,564.22 Dredging 14,296.71 Sinking 2,785.15 Financial Report (Con'd.) Page 2 September 1988 #5688 FL Mun Health Trust Fd Employee Ins $ 1,998.76 5889 Tel -Page P D pager 74.00 890 Ofcr. G. Ward Uniform 68.00 91 C. Sova Supplies 105.83 3892 Purity Uniform Public Works uniform cing. 143.80 5893 Mona O. Welliver Refund - E.M.S. 275.00 5894 Bill Wallace Ford Police auto repair 164.47 5895 AT &T Telephone - T.H. 13.90 5896 Atlantic Refrig. Repairs - T.H. 39.04 5897 Amsterdam Mailing labels 23.60 5898 Broward -Palm Bch Tractor Public Works - R & M 171.94 5899 Bernice Nelson Loveseat - T.H. 125.00 5900 Broward Auto Supply Police auto repair 91.42 5901 Easy Pay Tire Store Police auto repair 495.25 5902 So Bell Telephone - P.W. 23.79 5903 City of Delray Beach Water 1,138.68 5904 Futura Printing I.D. cards - P.D. 45.00 5905 Harvel & Deland Water line mtce 3,029.75 5906 Atty John Randolph Legal fees 642.90 5907 Max Davis Copier supplies - T.H. 32.00 5908 Ocean City Lmbr P.W. - supplies 70.70 5909 Pierce Tire Cc Public Works trk mtce 285.58 5910 Wm E. Gwynn Acctg 240.00, car allow 300.00 540.00 5911 Town of G S Payroll 9,771.79 5912 Barnett Bank Payroll tax deposit 4,272.38 5913 U.s.C.M. Deferred Comp 838.00 5914 Cr Union of P B Cty Credit union 916.68 5915 Cash Petty cash reimbursement 33.38 116 Fairchild - Lowell Corp P.D. equip 486.85 .17 FP &L Elec.- T.H.527.58, P.D.362.04 P.W. 14.93, St.lites 954.65 1,859.20 5918 County Sanitation Trash removal 2,727.00 5919 Bethesda Mem Hosp P.D.- employee physical 250.00 5920 City of Delray Beach Water 15,631.45 5921 Aid to Traffic P.D.- equip. 267.50 5922 Anne R. Ford Secretary services 80.00 5923 Carson & Linn Legal fees 6,497.07 5924 Delta Petrol. Repair gas pump 39.00 5925 Aid to Traffic P.W. - equip 35.00 5926 R & R Uniform P.W. - unif 68.00 5927 C. Sova T.H. -supp & P.W. - Cypress 139.44 5928 So FL Laundry P.D. - unif cing 217.50 5929 So Bell Telephone Telephone - P.D. 656.33 5930 Maury's Tool Chest P.W. - supp 21.75 5931 Fairchild- Lowell P.D. - tags 13.50 5932 Boca Raton News Ad - variance 35.00 5933 Bethesda Mem Hosp Answering Svc 86.00 5934 Aid to Traffic P.W. - supp 90.00 5935 Atty John Randolph Legal fees 1,337.65 5936 So. Bell Telephone - T.H. 210.23 5937 County Sanitation Trash removal 6,703.20 5938 Town of G S Payroll 10,428.91 5939 Barnett Bank Payroll tax deposit 4,344.06 G940 Cr Union of P B Cty Credit union 791.68 &1 U. S. C. M. Deferred Comp 1,026.00 5942 I.D.S. Pension plan 2,812.85 5943 FL Mun Health Trust Employee ins 2,210.26 5944 Richard Brandt Code Enforcement officer 800.00 TOTAL $85,296.07 m ❑ z H E 9 W E a a o �a a m m a 0) ul I - sa u v zo P 4J 3 z N F a x W z W z a CO H O 0 0 0 0 0 0 0 0 0 m W 0) 0 0 0 0 0 0 0 0 0 1 o r n o O c o c o o M r q m I H m m N l0 01 C' r M to ul N N O m In T m) N E M 0 0 0 Cl 0 0 Cl 0 0 W m 0 0 0 0 0 0 0 0 0 0 r 0 O O C O d' O CJ M Q O N l0 Q1 d' r M �fl N N W 01 N V1 r-I m Ifl If) ri In N W E E a ❑ H 0 O E a O FC F7 m m r1 m r r-I CO W r.0 o O) Co a ro V N 01 r d' 0 N O �n H r mri r- 1rMrrmr m N h' m H H ID N W �0 m m N 000 O o 0) a0l0 �noc oMIn Ho r O NN O Olr N N ri N O OIto O O OI Ol O O O m O d O u) H O r O NIN O olr N N ri ri W [p O O N M I0) m m O O O m C M"' O O O N ri ri �o r X01, -1 d' L!) ri ul V1 N C' ri N Q1 '1 0 O N M 0 In O O O a C m O O O N m m H m1 V) N C V �ri fl r-I r N d' N N 01 r-I r O mv M 0 m H 01 l0 M ri V) r IV li N 0 Q) IV N 1 m N r m �0 O ri � -I il[il m rlim 0 N 01 r-I N 0 0l0 Fl- M O m r r m m m r ri o+ m I d' O r I r r-I r � I C O r I r ri r-1 d' N tD M m M �o m ri N N r-I w ko z w MotD m I H ri N d' O O m In T c N N H I r-I W [p O O N M I0) m m O O O m C M"' O O O N ri ri �o r X01, -1 d' L!) ri ul V1 N C' ri N Q1 '1 0 O N M 0 In O O O a C m O O O N m m H m1 V) N C V �ri fl r-I r N d' N N 01 r-I r O mv M 0 m H 01 l0 M ri V) r IV li N 0 Q) IV N 1 m N r m �0 O ri � -I il[il m rlim 0 N 01 r-I N 0 0l0 Fl- M O m r r m m m r ri o+ m I d' O r I r r-I r � I C O r I r ri r-1 d' N tD M m M �o m ri N N r-I C4 w z w H O O 0O °Im 00 O 1 OI 00 O 0000 00 O0IOOO O m ON I o mO dO' dv 00 C I* H I 0 0 U ri In ri In c rn `°0 0 a � a w E H C4 w z w H a ro w m m ON I i0 r 0) H 0 O N a H I U ri In ri In c rn a � m ro 0 m ro a rq W C i x �j >. 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ATTORNEYS AND COUNSELORS AT LAW 50 S.E. FOURTH AVENUE DELRAY BEACH. FLORIDA 99489 (407) 276.9794 FAX (407) 276 -3869 JAMES W. NOWLIN, JR. September 8, 1988 Town Commissioners Town of Gulfstream Gulfstream Governmental Center 100 Sea Road Gulfstream, Florida 33483 Dear Gentlemen: J.W. NOWLIN (1903.1984) You may recall that I'm the attorney for Seacrest Commercial Properties Ltd., which is the developer of the Marina Cay project south of the Florida Inland Navigational District property: and Place Au Soleil. This is to advise you that my client remains interested in C) developing the F.I.N.D. property. As we indicated to the town officials attending the F.I.N.D. meeting in March, my clients interest is in developing the property with single family* homes. While it is our understanding that the town is pursuing the idea of acquiring the F.I.N.D. property for park purposes, we would like to make the following proposal so that the town and its residents have two alternatives from which to choose. In consideration of the town withdrawing its objections to my clients acquisition of the F.I.N.D. property, my client would be willing to do the following: 1. Immediately grant the town an access easement road from Federal Highway to the F.I.N.D. property. This easement would be over my clients property south of the Swap Shop /Drive -In, and contain appropriate mortgagee releases. 2. On acquiring the property from F.I.N.D., we would agree to deed restrict the F.I.N.D. property so that it would always remain in the Town of Gulfstream subject to the town's single family zoning. 3. My client would agree to create by deed restriction or otherwise, a 25 foot buffer between the residential �� property> it expects to build and Place Au Soleil. O If the above propos.aI is of interest, to !h•' tc!•rn .. ^nd its= ecidents, ]Aerie hn`ie the ict..T! attorney or msna2!e'r cOni.flCl Me s.,. that suitable documents could be prepared reflec!in; the _i�vp proposal and protecting al.t concerned parties. T %mes W. Nowlin, Jr. JWN /1!:f m m James A. Butkus & Associates 1207 Buchanan Street Hollywood. Florida 33019 (305) 923 -2656 September 1, 1988 Barbara Gwynn, Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 REF: Mark Pulte Residence, Lot 47; Portions of Lots 44 & 48, North of Lakeview Drive on Gulfstream Road Review of Drainage Retention Provisions Dear Mrs. Gwynn: On July 20, 1988, this office corresponded with you concerning the above referenced review. Certain modifications were requested to the site plan grading. On August 26, 1988 revised site plans were submitted, to this office, with the requested modifications. The revised site plan has been reviewed and it has been found to be in substantial compliance with the necessary drainage retention criteria. Please consider this portion of the project approved. Yours truly, JAM S A. BUTKUS & ASSOCIATES ames A. Butkus, PE TGS.901 s,�, _ i SOS, I ( l, (--- I - COMMISSIONERS WILLIAM F KOCH, JR, MAym ALAN I ARMOUR, Vc* Mryo, JAME5 E CROSS JAMES T SKELLY. JR. LAWRENCE E STAHL TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA August 31, 1988 RE: Variance request- Garage and Guest Facilities. Dear MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 3949] TEL.' GULF STREAM 1407) 37SS115 Town MAnnof WILLIAM E. GWYNN Assistant Town Mann., TOwn Man, SARSARA GWYNN CIHd at PollcA JAMES GREER It has Come to my attention that two variances are required concerning the Walsh residence at 1709 North Ocean Blvd. Legal 10 -46 -43 N. 100 Ft of S 668 Ft. of Gov Lot 1 E. of North Ocean Boulevard. A notice was mailed on August 22, 1988 regarding a front yard setback requirement from 109' to 71', with the addition of thirty feet to the center of AIA in order to construct a garage. The second is a request to add a second floor to the garage for guest facilities. The Town Code requires guest facilities shall not occupy more than 1/20 of a lot, nor exceed 700 square feet. Mr. Walsh is requesting an additional 392 square feet in excess of 700 square feet making a total of 1,092 square feet guest facility. The Planning and Zoning Board will hear this request on Wednesday, September 7, 1988 at 9 a.m. and the Town Commission will conduct a public hearing on September 9, 1988 at 9 a.m. Both meetings are held at the Gulf Stream Town Hall, 100 Sea Road - Gulf Stream. I have enclosed additional information, if you have any questions, please do not hesitate to contact me �incerel ` Barbara Gwynn Town Clerk Encl: TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F KOCH, JR. Mayor ALAN I ARMOUR, Vice Mayor JAMES E CROSS JAMES T SKELLY. JR LAWRENCE E STAHL August 22, 1988 NOTICE TO RESIDENTS TOWN OF GULF STREAM THE FOLLOWING VARIANCE HAS BEEN REQUESTED PURSUANT TO SECTION VII —R.S. RESIDENTIAL SINGLE FAMILY DISTRICT J -1 FRONT YARD REQUIRED. A request to reduce the front yard setback requirement from one hundred nine feet (109') to seventy one feet (71').;-With the addition of thirty feet to the center of AIA which will meet the seventy eight feet requirement on AlA. MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 0]167 TEL: GULF STREAM (107) 378.5110 Town Manager WILLIAM E. GWYNN Assistant Town Manager T0wn Clerk BARSARA GWYNN Chief of Police JAMES GREER The request for a variance as it relates to Section VII.J.1. of the Gulf Stream Zoning Code. Required Front Yard in residential Single Family District states that there shall be a Front Yard not less than Twenty Five (251) feet in depth or Twenty Five (25%) Percent of the Lot Depth, whichever is greater.... Nothwithstanding these provisions the setback distance along AlA Right of Way shall be at least Seventy Eight (78') Feet from the Center Line of Said Right of Way. Property located at 1709 North Ocean Boulevard. Lot 1, Section 10, Township 46 South Range 43 East, Lying East of Ocean Boulevard. The Town of Gulf Stream Planning and Zoning Board will review this request at its regular meeting on Wednesday, September 7, 1988 at 9 A.M., Gulf Stream Town Hall. The Town Commission sitting as the Board of Adjustment will conduct a public hearing at 9 A.M. Friday, September 9, 1988 at the Gulf Stream Town Hall, 100 Sea Road. All interested parties will be given an opportunity to be heard. Barbara Gwynn Town Clerk NORTH 18 August 1988 TOWN OF GULFSTREAM 248 Sea Road Gulfstream, Florida 33444 RE: Tom Walsh Residence To Whom It May Concern: We are submitting the following request for a variance to the Town of Gulfstream, as it relates to Section VII.J.1 of the Gulfstream Zoning Ordinance - Required Front Yard in residential single family district. This section states "There shall be a front yard not less than twenty five (25') feet in depth or twenty five (25 %) percent of the lot depth, whichever is greater... Notwithstanding these provisions the setback distance along AIA Right of Way shall be at least seventy eight (78') feet from the center line of said Right of Way." The Walsh residence is currently under construction at 1709 North Ocean Boulevard. The request for a variance is a result of re- locating the proposed detached garage. Original-approval was for a two car garage located across the motor court, opposite the house. After further consideration it is Mr. Walsh's feeling that given his concern for security of his automobiles, particularly during extended travel periods a third garage bay is necessary. This could not be accomodated in the original location. In relocating the garage structure it was necessary to avoid conflict with the septic tank system that had alreadybeen installed. Thus its proposed relocation is as far eastward as permissible resulting in a maximum front setback. We have addressed the following questions from the Variance Application. a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. 8132 West Glades Road • Boca Raton, Florida 33434 • (305) 487 -4904 Page 2 The depth of the lot is dispropotionate to its narrow width, though if surpasses the minimum 20,000 square foot lot area with an area of approximately one acre. The actual lot dim- ensions are approximately 438.93' in depth by 102' in width, resulting in front and rear yard setbacks that far exceed the minimums established in the code. b. That the special conditions and circumstances do not result from the actions of the applicant. The lot was pre- existing, platted by others. c. That granting the variance requested will not confer on the applicant, any special privilege that is denied by the Zoning Code to dther lands, buildings, or structures in the same Zoning District. The proposed setback far exceeds all minimum front yard setbacks set forth in the code with the exception of that created by the excessive depth'of the lot. d. That a literal interpretation of the provisions of the Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same Zoning District under the terms of the Zoning Code and would work unnecessary and undue hardship on the applicant. Literal interpretation of the code sets minimum standards which would permit locating this structure 20 feet closer to AIA if the lot wgre the minimum permitted dimensions. e. That the grant of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Granting of this variance is in harmony with the intent of the code as it exceeds established minimums relating to the health, safety and welfare of the public. f. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. This is a minimum variance as the stucture is as far east as possible. 9. That no non - sonforming use of neighboring lands, structures or buildings in other districts, and no permitted "use of land, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Page 3 Request for a variance is based upon lot dimensions, not that of other' properties in the Town. We respectively submit this variance request to you and look forward to its favorable approval. If you should have any further questions or comments, please feel free to contact this office. Sincgmely, ION CORP. i Shephard Harrell, AIA I cc: Tom McMurrain Tom Walsh n flood profiles, as well as the flood hazard boundary - floodway map and the water surface elevation of the base floor. 73. Floor. The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. (Ord. No. 87 -3, S. 1, 5- 15 -87). 74. Floor Area, Minimum. The area of the floor measured from the outside of the exterior walls to the centerline of dividing walls; not to include garages, carports, open porches, open breezeways, or store rooms, or screened -in porches, or basements. 75. Frontage. All the property on one slde.of a street or place between two intersecting streets or places measured along the line of the street or place, or if the &treat or place is dead ended,.then all of the property abutting on one side between an intersecting street or place and the dead and of the street or place. 76. Garage. A building or apace used as an accessory to or a part of a main building permitted in any residence district, and providing for the storage of motor vehicles and in which no bumineas, occupation or service for profit is in any way conducted. 77. Grade. a. For buildings adjoining one (1) street, the elevations of the sidewalk at the center of the adjoining the street. b. For buildings adjoining more than one (1) street, the average of the elevation& of the sidewalk at the centers of all walls adjoining street *. C. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building. 78. Ground Coverage. See Lot Coverage. 79. Guest House.. An accessory building used exclusively for housing me 'mbers of the family occupying the principal dwelling or their non- paying guests. 'The guest house shall not occupy more than one - twentieth (1/20). of the lot (but not to exceed seven hundred (700) square feet of land area) on which it is situated, and shall comply with the zoning district regulations applicable for the principal building. I. -I I- o_' t__nc_o7 free from other uses LePt those which are both compatible with and convenient to the residents of such a district. B. Permitted Uses. 1. Single Family Dwellings. C. Accessory Uses. 1. Private garages, swimming pools, spas and hot tubs, cabanas and saunas, greenhouses, tennis courts, utility buildings, gazebos, guest houses, and any other similar uses. D. Special Exceptions. 1. Temporary use of a construction trailer, as a temporary accessory use only during construction or pre- construction phases. Said temporary use shall be permitted only by approval of the Town Commission for a period of six (6) months, with renewable terms, shall not exceed five hundred (500) square feet, and shall be removed prior to the issuance of a certificate of occupancy for the development or construction upon which the temporary use is located. E. Prohibited Uses. 1. No person shall use any portion of a building in this district for the purpose of carrying on or practicing any profession, business, occupation or calling. Any such use is hereby declared to be a violation of the provisions of this Ordinance. 2. Time Sharing Uses. 3. Any other use not specifically permitted. F. Parking Regulations. 1. Where a lot is occupied by a single family residential dwelling, there shall be provided accessible parking space on the lot or land parcel, enclosed garage area, adequate to accommodate two (2) cars for each one dwelling unit for the resident or occupant. Unenclosed or outdoor guest parking may be permitted in addition to the required resident spaces. G. Building or Structure Height Limit. 1. No building or structure shall exceed two and one -half (2 1/2) stories, or thirty -five (35') feet in height. Said height shall be measured from the point of first floor base flood elevation. Page -23- 0 D , - �� || Q . ^�} -h--A s , � \k � � �\ 3� 2i ) }�� \k � � �\ 3� 2i 18 August, 1988 DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. ARCHITECTS AND PLANNERS 124 N.E.STH AVENUE, DELRAY BEACH, FL 33444 305- 278 -1388 Town of Gulfstream Planning Dept. 246 Sea Road Gulfstream, FL 33444 RE: DOCK AT LOT 63 PLACE AU SOLEIL Dear Planning Boa d: Our client's hav purchased lot #64 just recently, however when they visited the site at low tide, it became evident that they could not moor heir boat at their lot, due to the fact that there is insufficient water depth. They have now purchased lot #63 and would like to build a dock at this location as the depth of water with the new wooden dock allow sufficient draft for their boat. They will place a hedge along the edges of this lot and maintain it. They are requesting a variance from the section g. Paragraph h. from the Planning Board to build a dock on lot #63 and moor their boat at said dock. As will be seen from the plan the foot path from the new pool deck passed over both lots. At no time will any person be living on the said boat. Should lot #63 ever be sold they will stipulate in the deed that the dock will not be allowed unless a residence is placed on the lot. Rind regards. Yours sincerely, DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. Digby :Bridges, AA ipl. Hons., AIA, RIBA ARTICLE II. WATERCRAFT; SECTION 8-21. USE AS RESIDENCE. No boat or vessel shall be used or maintained within the Town as a place of residence or for sleeping or living purposes. For purposes of this SECTION, a "place of residence or for sleeping or living pur- poses" shall mean the occupation of a vessel for a period greater than twenty -four (24) consecutive hours. (Ord. No. 79 -2, §5, 5- 10 -79) *Editors note - Article II of Chapter 8 of this Code as originally adopted consisted of Ord. No. 72 -2 and Ord. No. 114. Ord. No. 72 -2 (sections 8 -21 - 8 -27) are deleted as superseded by Ord. No. 78 -3, codified by the editor as §19 -16 et seq. Ord. No. 114, (section 8 -28) has been redesignated as §10 -1 by the editor. SECTION 8-22. PERMIT REQUIRED FOR DOCKING. No boat or vessel in excess of eighteen (18) feet shall be docked within the waters in or adjacent to the Town for a period in excess of three (3) days unless the owner or person in control thereof shall first register the vessel with the Town Manager. No permit shall be issued for the docking of any such vessel if the docking facilities provided therefor are inadequate to protect the public health, safety and welfare, nor shall any such permit be issued for a period in excess of one year. In no event shall any vessel be docked at other than a dock accessory to a residence. (Ord. No. 79 -2, 5- 10 -79; Ord. No. 80 -2, §2, 3- 14 -80) SECTION 8-23. ANCHORING OR MOORING. No boat or vessel shall be moored or anchored within the Town for a longer period than twenty -four (24) hours in any consecutive thirty - day period. This SECTION shall not apply to the permanent docking of boats or vessels to piers which are accessory uses to residential dwelling units within the Town if the vessel is owned by the owner of the residential dwelling unit of which the pier is an accessory use or said vessel is owned by a guest of the owner of the residential dwelling unit and accessory dock facility to which the vessel is attached. (Ord. No. 79 -2, §2, 5- 10 -79; Ord. No. 80 -2, §1, 3- 14 -80) SECTION 8-24. MAINTENANCE RESTRICTIONS. It shall be unlawful for the owner of any boat within the waters of the Town of Gulf Stream, or any person under his supervision and direction to perform any heavy maintenance on said boat within the Town other than the normal day -to -day maintenance required to maintain said vessel and any maintenance of an emergency nature. Heavy main- tenance shall include but not be limited to overhauling, installing, rebuilding or repairing of engines and other work which may be in the -806- Rev. 11/1/87 ARCHITECTURAL REVIEW COMMITTEE PLACE AU SOLEIL ASSOCIATION P.O. Box 2374 Delray Beach, FL 33483 September 2, 19 88 Town Commissioner and Planning Board Town of Gulf Stream Gulf Stream Governmental Center 246 Sea Road Gulf Stream, FL 33483 Re: Review of Plans For Improvements to be made on Lot 63 , PLACE AU SOLEIL,925 Emerald Row , Gulf Stream, Florida ARCHITECT: Digbv, Bridges, Marsh and Assoc. JOB NO. 8358 Gentlemen: Pursuant.to the Declaration of Restrictions for Place Au Soleil Subdivision, the Association's Architectural Review Committee has reviewed the referenced Plans and would advise as follows: Architectural Approved of said Plans is granted; X Architectural Approved of said Plans is granted provided dock width is reduced to five feet (5'), -if required by Code, and Agreement in form attached hereto is executed and recorded upon Mr. and Mrs. Sherman acquiring title to Lot 63 and permit being issued Said Plans can not be approved or disapproved because Recommend variance be granted as to minimum Lot size; OTHER COMMENTS: Recording of attached Agreement would be preferable of Title. Very truly yours, For the Architectural Review Committee J n` \0 l � v. h e v O , fJ V i0 cv S Q 0 � U m t 1! C m g I �I ° a t 0�•�Sl ul O b: ca g � a g o ,Z 9'L Sl l7 W n N Q J W G b d 1 O O d u ^dl 0 g O.-, 7 4 9 G Um y0 .1 G d P L GU61S0 cc•• W `CZ I D: D=¢ W F- L (1) uj CE y? J �R V W olm� —E r•oo .°.n mmv •d• U M M O a wv mu. u r� am�ry ,.O. a.mix o� a •u' o °:n .u. C m L m w T O o 0 i 3 0�•�Sl ul O b: ca g � a g o ,Z 9'L Sl s f e 0 e N N I i I O cc 0 Q 21 w LU I �I i S I� j C; s f e 0 e N N I i I O cc 0 Q 21 w LU I �I i Y1IEPARED BY AND RETURN 10. ROBERT A. DITTMAN 301 EAST ATLANTIC AVE. DELRAY BEAd11 FLA. 33403 AGREEMENT The undersigned, JAMES M. SHERMAN and ROBIN B. SHERMAN, as owners of that certain real property described as: Lots 63 and 64, PLACE AU SOLEIL, according to the plat thereof, recorded in Plat Book 27, Page 69, Public Records of Palm Beach County, Florida, in consideration of the TOWN OF GULF STREAM and PLACE AU SOLEIL ASSOCIATION, INC., approving and allowing us to construct a dock on or contiguous to the aforesaid Lot 63, agree and covenant, for ourselves, our heirs, successors and assigns, as follows: 1. Any dock constructed by Lot 63, Place Au Soleil shall be in compliance with all ordinances of the Town of Gulf Stream. 2. No dock shall be constructed on or contiguous to Lot 64 until such time as title to Lot 64 would be conveyed to unrelated third parties and dock usage by us or the other owners of Lot 64 ceases pursuant to this Agreement; any future dock construction on or contiguous to Lot 64 shall be in compliance with all ordinances of the Town of Gulf Stream. 3. The dock to be constructed on or contiguous to Lot 63 shall be used solely by the undersigned or other owner of Lot 64, as an accessory structure and use to Lot 64, but only until such time as title of Lots 63 and 64 would cease to be owned by the same identical parties, such time to be referred to as the "termination date ", whereupon the dock on or contiguous to Lot 63 shall not be used by any party until such time as a residence on said Lot 63 would be constructed. 4. Pending the termination date, no vehicles shall be parked on Lot 63; thereafter vehicles may be parked on Lot 63 only to the extent,permitted by the ordinances of the Town of Gulf Stream. 5. This Agreement shall constitute a covenant running with the land as to'Lot 64 until the termination date and shall constitute a covenant running with the land as to Lot 63 until a residence is constructed thereon and title to such Lot has been SPINNER. DITTMAN. FEDERSPIEL a DOWLING 501 EAST ATLANTIC AVENUE.. DELRAY BEACH. FLORIDA,»�A..IgOl12T6.2D00 conveyed to a party or parties unrelated to the owner or owners of Lot 64. 6. This Agreement may be enforced, by injunctive relief, by either the Town of Gulf Stream or Place Au Soleil Association, Inc, and, if injunctive relief is granted, the enforcing party shall recover its costs and reasonable attorney's fees from the parties against whom enforcement is sought. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _ day of 1988. Signed, sealed and delivered in the presence of: James M. Sherman Robin B. Sherman STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH ) SWORN TO AND SUBSCRIBED before me by JAMES M. SHERMAN and ROBIN B. SHERMAN, this day of 1988. Notary Public State of Florida sherman.1/23 SPINNER, DITTMAN. FEDERSPIEL a DOWLING SOI EAST ATLANTIC AVENUE -- DELRAY BEACH, FLORIDA 33444--(407)276-2900 2 OMMISSIONERS IiLLIAM F NOCH, JR., Mayor LAN I ARMOUR, Vice Mayor AMES E CROSS AMES T SHELLY, JR. AWRENCE E. STAHL TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA August 29, 1988 Robert A. Dittman, Esq. 501 East Atlantiv Avenue Delray Beach, F1 33483 Dear Mr. Dittman: We have received a copy of your August 16 memorandum to the directors of the Place Au Soleil Association, Inc. We are sorry to learn of your concern relating to the recent action of the Commission on the matter discussed in your memorandum. We are confident that you understand that the Commission acted in good faith on this matter. Because the plans, as finally submitted, did not include a separate entry, it was the opinion of the Commission that the plans met the terms of the Town's Zoning Code. MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 03150 TEL.: GULF STREAM 0071 x76 5116 Town Manager WILLIAM E. GWYNN Assistant Town MonaganTown Clad BARBARA GWYNN Cn1Al of Police JAMES GREER Please understand that the assistance and the recommendations of the Place Au Soleil Association, Inc. are appreciated by the Town. The suggestions are very helpful, and in many instances, are heeded by both the Planning and Zoning Commission and the Town Commission. Although the Place Au Soleil Association, Inc. is not an official body of the Town, its assistance in the past has been appreciated. We would hope that the fact that the Planning and Zoning Commission and the Town Commission do not agree with or accept every suggestion made by the Association would not deter the Association from continuing with its activities in aid of the Town of Gulf Stream. Thank you. Very trul, ( I W_ Barbara Gwynn Assistant Town Manager —Town Clerk MEMORANDUM TO: DIRECTORS, Place Au Soleil Association, Inc. FROM: Robert A. Dittman DATE: August 16, 1988 RE: Follow Up Report re "Mother's Addition" on Lot 90 You may recall that the referenced addition recently came before our Architectural Review Committee for approval. Due to the way we Directors previously decided to apply our responsibility regarding plan approval, the Association was obliged to approve the plans. However, we registered, in writing, our deep concern that the addition would convert the home on Lot 90 to a Duplex. I followed up the Association's letter with personal letters to and appearances before the Town Planning Board and Town Commission protesting this encroachment of duplexes into our single family neighborhood. The result was that the Town Commission deferred action pending receipt of an opinion from the Town Attorney on whether the residence would become a duplex; the applicant and I were given the opportunity to submit a memorandum to the Town Attorney, which I did on behalf of my wife and myself. Enclosed is a copy of the Town Attorney's advisory letter to the Town dated August 8, 1988. As you can see, he agreed that the addition would make the residence an inappropriate and unlawful structure in our zoning district. Unfortunately, I am sad to report that the Town Commissioners and, specifically (as I understand it from the Town Clerk), our resident commissioner, Alan Armour, chose to approve the addition over my objections, the "concern" voiced by our Association, and the unambiguous opinion of the Town Attorney. This precedent setting action will make it difficult, if not impossible, for us to oppose further duplex type of construction in our neighborhood in the future; indeed, now that the door is open, I am seriously considering a similar expansion of my home to accommodate my parents and mother -in -law during the season. The larger gUestion that should be taken under consideration by us pending our next meeting is whether we really need to continue administering our plan approval responsibilities. Over the last 18 months we seem to have won a couple of battles only to end up losing the war when plans were approved over Association objections. Lot 23 comes to mind (approved over Association objections), which, while being occupied, has yet to receive more than minimal landscaping; and there are others, including some projects started prior to our terms which have yet to be completed. We obviously do not have the resources or inclination to resort to deed restriction enforcement proceedings on our own and it appears we can not count on the Town to back us up, so why bother with the considerable amount of time that is involved? Perhaps we should simply defer all approvals to the Town and spend our time on other projects where our time is better spent. In any event, this can be food for thought pending our next meeting in late September /early October. Nowx.iN AND NowiaN, P.A. ATTORNEYS AND COUNSELORS AT LAW SO S.E. FOURTH AVENUE DELRAY BEACH, FLORIDA 88488 (407) 276 -9734 FAX (407) 276 -3659 JAMES W. NOWLIN, JR. September 8, 1988 Town Commissioners Town of Gulfstream Gulfstream Governmental Center 100 Sea Road Gulfstream, Florida 33483 Dear Gentlemen: J.W. NOWLIN (1903.1964) You may recall that I'm the attorney for Seacrest Commercial Properties Ltd., which is the developer of the Marina Cay project south of the Florida Inland Navigational District property and Place Au Soleil. This is to advise you that my client remains interested in developing the F.I.N.D. property. As we indicated to the town officials attending the F.I.N.D. meeting in March, my clients interest is in developing the property with single family homes. While it is our understanding that the town is pursuing the idea of acquiring the F.I.N.D. property* for park purposes, we would like to make the following proposal so that the town and its residents have two alternatives from which to choose. In consideration of the town withdrawing its objections to my clients acquisition of the F.I.N.D. property, my client would be willing to do the following: 1. Immediately grant the town an access easement road from Federal Highway to the F.I.N.D. property. This easement would be over my clients property south of the Swap Shop /Drive -In, and contain appropriate mortgagee releases. 2. On acquiring the property from F.I.N.D., we would agree to deed restrict the F.I.N.D. property so that it would always remain in the Town of Gulfstream subject to the town's single family zoning. 3. My client would agree to create by deed restriction or otherwise, a 25 foot buffer between the residential property it expects to build and Place Au Soleil. U vf'i. 6 If the above proposal is of interest to the town and it,r: residents, please have the toe;n attorney or manager contact me se that suitable documents could be prepared reflecting the ahovf� proposal and protecting all concerned parties. s icer .ly, � mimes W. Nowlin, Jr. JWN11kf D James A. Butkus & Associates 1207 Buchanan Street Hollywood, Florida 33019 (305) 923 -2656 September 1, 1988 Barbara Gwynn, Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 REF: Mark Pulte Residence, Lot 47; Portions of Lots 44 & 48, North of Lakeview Drive on Gulfstream Road Review of Drainage Retention Provisions Dear Mrs. Gwynn: On July 20, 1988, this office corresponded with you concerning the above referenced review. Certain modifications were requested to the site plan grading. On August 26, 1988 revised site plans were submitted, to this office, with the requested modifications. The revised site plan has been reviewed and it has been found to be in substantial compliance with the necessary drainage retention criteria. Please consider this portion of the project approved. Yours truly, JAM S A. BUTKUS & ASSOCIATES ames A. Butkus, PE TGS.901 CO LTI.Q E1N 'ERS FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAM[ MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, Koch, William F. Jr. I Commission AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 100 Sea Road X CITY COUNTY OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Gulf Stream F1 Palm Beach Town of Gulf Stream DATE ON w'HICFI VOTE OCCURRED MY FUSI710N IS September 9, 1988 $ ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on Which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the uTinutes, APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: u should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. I fIR \I 911 luxe IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minute, of the meeting, who should incorporate the form in the minutes. William F. Koch, Jr DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of September 9, (b) The measure before my agency and the nature of my interest in the measure is as follows: M. by whom I am retained. A Variance Request By Mr. and Mr. James Sherman to place a boat dock on Lot 63 which is a vacant lot. Pursuant to Article II — Watercraft, Section 822 Gulf Stream Building Code. September 9, 1988 Date Filed i Signature V t NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIk.✓ DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10.86 PAGE 2