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HomeMy Public PortalAbout02/09/1990 * Con'tCOMMISSIONERS WILLIAM F. KOCH, JR., Mayor ALAN I. ARMOUR, Vice Mayor JAMES E. CROSS KATHLEEN S. WALLACE LAWRENCE E. STAHL TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA A G E N D A TOWN COMMISSION MEETING February 9, 1990 MAIL ADDRESS 100 SEA ROAD GULF STREAM. FLORIDA 33483 TEL GULF STREAM (407) 276 5116 Town Manager FRANKLIN E. FLANNERY Please Note: The Town of Gulf Stream does not provide records of the Proceedings of this body 1. Meeting called to order 2. Roll Call 3. Reading of the Minutes of the January 12, 1990 Meeting 4. Announcements a. Proclamation of Election March 13, 1990 b. Test of vote tabulation equipment March 8, 1990 5. Financial Report 6. Police Report 7. Planning & Zoning Board Report a. Request for Variance. Request advertised and neighbors notified. Dr. William Chardack, 547 Golfview Drive. Requesting a permit to install a satellite dish antenna that would encroach 11.5 ft. into the required 22.5 ft. side setback. b. Request for Special Exception. Request posted, neighbors notified. Gulf Stream Bath & Tennis Club, 925 N. Ocean Blvd. Requesting permission to place a mobile office on the west side of AlA during the period of reconstruction. C. Site Plan Review 1. Dr. William Chardack, 547 Golfview Drive - Sattellite Dish 2. Gulf Stream Bath & Tennis Club- Location of Mobile Office 3. Dr. George Mueller, 3180 Polo Drive - Construction of Dock 4. William Voute „ 2999.N. Ocean - Construction of 8' privacy wall 5. Charles Velie, 505 Old School Road - Single family dwelling Town Commission Meeting of February 9, 1990 page -2- AGENDA CONTINUED 8. Town Attorney Remarks a. EMS Contract with Bethesda Ambulance b. Expiration Provisions for Variances and Site Plan Approvals C. Consideration of Amendments to Zoning Oridiance 9. Town Managers Report a. Water Usage b. Balance due on Fire Contract 1988 -1989 C. Other 10. For Consideration a. Resolution 90 -1 Requesting support from the Palm Beach County Commission for the closure of runway 9 -27 at the Palm Beach County Park Airport as a part of Master Plan Approval - City of Atlantis b. Resolution R90 -06 Urging Florida Citizens to support Constitutional Amendment #3 limiting unfunded State mandates- Village of Palm Springs C. Objecting to Palm Beach County's proposed repeal of Ordinance 72 -8 which currently provides funding by P.B. County to municipalities for school crossing guards 1. Resolution #14 -City of Palm Beach Gardens 2. Resolution # R -1 -90 -Town of Lantanat d. Urging the Board of County Commissioners of Palm Beach County and the Palm Beach Legislative Delegation not to support the transfer of all assets and liabilities from the Solid Waste Authority to the Board of County Commissioners, and not to support a restructuring of the Solid Waste Authority Board. 1. Resolution # R -2 -90 -Town of Lantana 2. Resolution # 15 -City of Palm Beach Gardens 3. Memorandum from Palm Beach County Municipal League 11. For Information Only a. Construction in Progress - Mr. Brandt b. Trash Report 12. Commission Comments 13. Comments from the Public 14. Adjournment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i8 19 20 21 22 23 24 25 APPEARANCES: WILLIAM F. KOCH, JR., Mayor RITA PAYLOR, City Clerk JOHN RANDOLPH FRANKLIN FLANERY KATHLEEN A. WALLACE JAMES E. CROSS LAWRENCE E. STAHL JOHN MAYER JOAN ORTHWEIN E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Thereupon, the following proceedings were had:) THE CITY CLERK: Let the record show that all members of the Planning and Zoning Commission are present. MR. MAYER: Before I start this I'll let Joanie relate to you what we decided to do. MRS. ORTHWEIN: What we are proposing to do, if we can do it, is have an ordinance from 10 to 20,000 square foot lots specifically, and just govern the lots already existing. We do not want to be able to create new 10 to 20,000 square foot lots. And I think we need help with John Randolph there in making the terminology right. This is what we are proposing to do. You all got this. We are proposing to do, basically, a percentage of what coverage, and there are set -backs that are different, and there is a question of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 Intracoastal property under water, the ocean front homes, the main high tide, and the continuity of the seawall, which is very important. And Number E is just a technical thing to change the 78 feet from either or. And I don't think I need to read this specifically. You have it all, but it's open for discussion, basically, and we need advice on how we can word this better, to put it into ordinance form and establish it. MR. RANDOLPH: I think once the Commission tells me substantively what you want in it, I can go ahead and draft an ordinance and get it back to the Commissioners for consideration. MRS. ORTHWEIN: We feel it's also important that we have a clear definition of it, these are just a couple of little things, of a two - story house, so there won't be any question about it. I mean, any two - story house, partial or full. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P That is one thing that I wanted to point out on these ordinances. But do you all have any questions? A COMMISSIONER: Bill and I didn't get them. MRS. ORTHWEIN: The P and Z doesn't have them. THE MAYOR: You are going to have to - the rest of the Committee is going to have to have this. MR. MAYER: I have difficulty with -- THE MAYOR: Why don't we make some copies and give it to everybody. See, when the whole Committee doesn't have a chance to go over this, then I suggest that you ought to have another meeting because they didn't - some of them were absent. MS. WALLACE: Who was missing from the meeting? MRS. ORTHWEIN: Just Charlie. MR. CROSS: Does this proposal that comes to us from the Planning Board meet your specs? Is this what 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 j your Board is recommending? MR. MAYER: This is some of the things that we have gone over and talked about. I have difficulty with one or two items. MR. CROSS: The first line says: The following ordinance changes are recommended by the Planning Board, and I gather that you had a reservation as to that. MR. MAYER: Not particularly to this other than properties on the ocean and properties on the waterway. Now, I feel that people that pay good money for property that's under water, and use that to determine their lot size, has a right to do that because they are paying taxes on that property. They pay for that property. I don't know if the town will have any problem with that or not. If somebody comes along and says that is my property and I'm using that, I'll sue the town. MR. STAHL: Well, how many lots 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are in that category? There really aren't that many. THE MAYOR: Well, there are a lot of them because I looked at this when it was brought up. The ones we are really worried about are like in the McCloud subdivision, where you have a three acre lot and then you also got a three acre lot in the water. Those are the big ones. Now, you take all these lots that Henry Pope did in Polo Cove, and all around in this area, you have five feet in the water, so if you take the number of lots, it's a big thing. UNIDENTIFIED SPEAKER: What is the origin of the lot in the water? I never heard of that before. THE MAYOR: The reason they did that, and McCloud did that many, many years ago, he wanted - he built that big lagoon out there where you live, and he wanted to be sure it was private, that nobody could come in 1 2 3 4 5 6 7 9 9 10 it 12 13 14 15 16 17 is 19 20 21 22 23 24 25 8 there, that he could throw them out, the people could throw them out, so they made it as a lot. Now, in Polo Cove and all those areas and these other coves, Henry Pope - because people were going to have boats, you own five feet out in the water, and your dock can go out five feet, or whatever it is. And you will see that in almost all the other communities too. Maybe what I think you ought to do is if you wanted to work something out so you are fair, you can say so many feet from the lot, you can go out so many feet on the water side, five feet, ten feet or whatever it is, it's counted in your lot. MS. WALLACE: I think we are missing a point here. What we are trying to avoid is the high density look. What we are trying to do is something that is visual. What is under water can't be seen. If you're going to count that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0, In your lot you're not giving the same ratio to that homeowner as you are to everyone else. MR. MAYER: This is exactly what I'm getting at. You are taking percentage of the lot. They are counting that part in the water, whether you can see it or not. They are counting that, so what we have to do is define the property that you can build on or something like that. MS. WALLACE: I think that would be much better. If it's a property you can see you can build on it, but not count what is under water. MR. MAYER: Then you might have to eliminate some percentages, unless you just definitely come out and say property under water and percentages don't count. MR. MAYER: On this particular Issue this morning we can tie ourselves in a knot and talk for hours on this particular issue. I think what we ought to ask the 1 2 3 4 5 6 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 Planning Commission to do for us on this issue alone, is go back and look at the town, come back to us and tell us precisely how many lots are affected by this. We know Polo Cove is, but Polo Cove is a minor problem. We are only talking five feet and it doesn't really become an issue. It becomes an issue on the canal down south. But can you go back and identify for us precisely the number of lots, and then I think we can address it in a very knowledgeable way rather than try to reach a decision. UNIDENTIFIED SPEAKER: If you know you have more than one, what is the difference how many it is? MR. MAYER: I think you have to eliminate the percentage on these lots under water. MR. ARMOUR: The other thing, Bill, on those lots that are under water, what you are proposing here this morning doesn't have anything to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 do with it because they are not 20,000 square foot lots, they are all much bigger than that. So what you have here is not related to those lots that have under water property. MR. RANDOLPH: Can I interrupt there, Bill. What you are going to end up doing is coming up with a definition of buildable lots when you amend this ordinance to accommodate what you are trying to do here. When you do come up with the definition of buildable lot, it is going to affect those 20,000 square foot lots, and I think it should apply equally across the board. How you define what the buildable lot area is should apply to your 10,000 square foot lots, just as well as it applies to your 20,000 lots. That's all you need really is a definition of what a buildable lot area is, in order to determine lot coverage. 1 2 3 4 6 6 7 8 9 10 11 12 i 13 14 16 16 17 18 19 20 21 22 23 24 25 12 It's really a procedural question as to whether or not you want to include under water property, and how It affects those properties. I think it's probably not the number of properties that are affected, but to the degree which they are affected. If you have three or four or five properties that are extensively under water and it's going to affect them to a great extent, those people can always come for a variance and say, look, I have a unique situation here, 90 percent of my property is under water and I can't build a reasonable house on my lot, if you apply this across the board. But if this can apply fairly to all properties in the town, then that's what you need to consider in determining which way you want to go. Whether you want to count submerged land in lot coverage, or whether you don't want to. I think that's really the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 question for you to decide. MR. MAYOR: I think that's good, buildable lots. MRS. ORTHWEIN: I think that's what we are trying to do is have the lot buildable, and the percentage might end up with a 50 percent lot coverage. THE MAYOR: Where is the map of the town? Have we got that big map? All these lots in here, all these Cove lots have five feet in the water. MRS. ORTHWEIN: That's not a problem. THE MAYOR: I know it. Almost everybody owns five feet under water. All of these over here own five feet in the water. There are a lot of lots. The ones that are the problem ones are these right here, one, two, three, four, five, six, seven, eight, nine lots that own -- well, this one almost a third of it could be out in 1 2 3 4 5 6 7 8 9 10 11 12 j 13 14 15 16 17 18 19 20 21 22 23 24 25 14 the water, they are huge lots. These are the ones that have the problem that you have to address. Now, down here these people own out into the water too, so there is almost all of your water lots have something in the water. UNIDENTIFIED SPEAKER: Just for the Commissioners and yourself, the way I look at it, I'm like Bill Mayer to a degree, we are not really talking about the 20,000 square foot lots and bigger, they are paying taxes on them. Why affect them? Number two, what happened - what's the problem with what we have had all these years? Hasn't that worked? Why do we have to change it? MS. WALLACE: May I address that? With my little word processor I put together some thoughts, if you'll bear with me. Gulfstream, as you know, is a small community with a wealth of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 charm, history and quality of life unequaled elsewhere. Gulfstream for many years has existed peacefully without the need for much zoning protection, in fact, one of the particular concerns when our existing ordinances were written, was to establish a minimum square footage. Now with the changes that have occurred with the population surge in sunny South Florida, we have just the opposite problem. Side yard set -backs are no longer effective in controlling the overwhelming masses of buildings that are currently in vogue in some nearby communities. Setting lot coverage limits is the very least that we can do to assure the density of Gulfstream is kept at a level that all residents can be comfortable. May I remind you that Manalapan has an architectural committee that must approve as simple a procedure as changing the color of a house. This 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 Pal committee has to approve all new construction plans, residential changes and additions within the town. In Palm Beach no building permit is issued without the approval of either the Palm Beach Architectural Commission or Landmark Preservation Committee. It has been suggested that by an acting protective measure such as a lot coverage ordinance, the establishment of an Architectural Review Board or a preservation ordinance, we overlook the right of property buyers. Legally we have the obligation as policy - makers and enforcers to maintain the standards of quality long associated with the Town of 0ulfstream. In fact, if we don't, we are doing an injustice to the existing residents. We who have lived here have every reason to expect that the town 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 ordinance protects our quality of life as well as our investment. The Town of Gulfstream has changed. We now have children playing in the street, and most of the changes have been positive. We welcome our new residences and new families, but In fairness to them as well as to those of us who have lived here, we should update and clarify our ordinances so that we have clear and concise guidelines for all new construction, demolition and renovation. Thank you for your time. As you know I am not a politician. I do not wish to become a politician. I simply feel very strongly that we are at a point in time that we must act for the welfare of this town and for the people living here. Thank you. MR. MAYER: Do you feel, or does the Board feel, that we have not kept to those provisions? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 MRS. WALLACE: No, Bill, no one is being critical of Planning and Zoning. Nobody is saying you've done the wrong thing. What we are saying is, the area has grown in such a way that we have to catch up. We have to update so to protect ourselves. Not that what you have done is wrong. I never meant to give you the wrong impression. I never meant to be critical. MR. MAYER: I think the people here have got the wrong impression. MS. WALLACE: I never meant to be critical of what Planning and Zoning has done. I feel that for the longest time we weren't in the position to have to worry. We knew that when people came to town they would do the right thing, and I'm certain that people still mean to do the right thing, but currently now there is a tear down phenomena and building of houses, structures that are overwhelming, really far too large 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 19 for the lot size. It's happening all around us. What I think we need to do is simply design some ordinances to protect the quality of the town that we live in. And it's legal. Ask Mr. Randolph. All of these things are perfectly legal and we are not infringing on anyone's life. MR. STAHL: May I clarify one point. I think it's important for all of us to understand that P and Z does not make decisions in this town, so if anybody is to be criticized for what is happening in this town, and for houses that have been built and so on, It's the five of us sitting right up here. All we do -- P and Z does the spade work for us and we make the decisions. MS. WALLACE: Policy is set here. MR. STAHL: Not only policy, but policy is implemented here. i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 THE MAYOR: Policies need to change, but we have to keep in mind that we want the town to upgrade and upgrade properties. We don't want to put on restrictions and go too far that these areas where these older cheaper houses can't be torn down and built with younger people that have families. There has to be enough movement to make the town continue to grow, and that's what we are trying to do, and I think these things have merit. The only thing we are worried about is that part in the water. It doesn't bother me to count another five feet that's in the water of your lot line, as long as it's platted and you are doing it. If you are talking about those big ones like yours and some of the others in there, if you took this percentage thing and figured your two lots together you could almost cover one with a hotel, not that you are 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 going to do it or anybody is going to do it, but here is your problem on those huge ones, the five feet -- MR. MAYER: That's why I say eliminate the percentage. MR. STAHL: There is a two edged sword on the large lots. If you do count the property, if you do count the square footage under water, then you have to say where is the property and then you have to say where do I measure set -backs from, and if I count the property that is under water do I then say to the man, your set -back line -- and you measure you set -back from that line that is out in the middle of the canal, and I don't think we want to do that. So if you have a problem here as to whether you count the square footage or you don't count the square footage that's under water, because then you get into the problem of where -- the set -back obviously should come from the seawall. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 MR. MAYER: Sure. THE MAYOR: That's the simple way to handle it. MS. WALLACE: Get a seawall. MR. CROSS: It seems to me that we are going at this thing backwards. Eighty percent, at least of the lots in town, have nothing to do with water. MRS. ORTHWEIN: That's true. MR. MAYER: But don't forget this -- go ahead. MR. CROSS: We reserve the ones that have the water problem for consideration on their own. These provisions that you have set out here on lot coverage set -backs have seemed to me very clear and valuable to complications to the vast majority of the lots in town, and I would like to see us consider them instead of these provisions for that large block of lots and then let's go after the water problem. THE MAYOR: Then you have to have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 separate ordinances for them, but you can't do that. MR. RANDOLPH: I think he means from the discussion standpoint. Let's talk about the substance of these regulations and worry about the other things later. But you are not going to have a separate ordinance to deal with five or six properties. MR. CROSS: This is an orderly discussion and let's take care of the great bulk -- MR. STAHL: We have specific recommendations on the table right now, let's address them. MR. MAYER: You have an awful lot of small lots. UNIDENTIFIED SPEAKER: If you want to do that, why don't you have one percentage of land, and one percentage of land under water, and say you can take 100 percent of this and five percent of what is under water -- MS. WALLACE: But the submerged 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 24 property is not something that they are going to be able to utilize in the visual, you are going to have a bulk of a house that is going THE MAYOR: I don't think people are going to do that, I think they are more worried about those big lots. Nobody's going to build a house -- I don't think that would ever take place down in those areas, but we want to have an ordinance to protect in case -- let's take the ones that we don't have the problem on and then you can reexamine this one about - if you want to figure it from seawalls and so many feet, water side of the seawalls or whatever you want to figure. And you could do it that way, couldn't you? Or from so many feet on the other side of the seawall. MR. RANDOLPH: Yes, you could establish a bulk head line and measure from there. THE MAYOR: The bulk head line could be in the seawall or in the 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 25 water some place. MR. RANDOLPH: No, I think if you do that then you don't need to establish a bulk head line, then you are going back to submerged land again. THE MAYOR: But we can do it from bulk head line. But let's go on to take these other ones and you can read -- let's go on to what we are talking about. MR. STAHL: Recommendation A. MRS. ORTHWEIN: I'm sorry, are there any comments on Number A, objections, changes, thoughts; any of the above? MR. CROSS: It seems to me it makes sense. MR. RANDOLPH: I have a question. Are the regulations that you are applying to the 10,000 and 20,000 square foot lots substantially different from the regulations on the 20,000 square foot lots? I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MR. STAHL: No. MRS. ORTHWEIN: No. Really, basically, no. I don't think percent lot coverage seems to be a problem for 20,000 and above square foot lots right now. MR. STAHL: I think it is. I very definitely think it is. The coverage on your house is almost 30 percent. MRS. ORTHWEIN: When you figure it this way? MR. STAHL: I have a problem of only taking 35 percent of the garage. To me the garage is part of the mass, part of the bulk of the house, so it should be 100 percent. We see people convert garages into part of their house, that's been done several times in Gulfstream. When you look at a house you are looking at the bulk and the garage is very much a part of that bulk of that house, and I don't see why the garage should have a separate thing. 1 2 3 4 8 6 7 8 9 10 11 12 13 14 18 16 17 18 19 20 21 22 23 24 26 { 27 I can understand a covered patio, but I can't understand a patio that's part of a house like yours. I mean, you come out with two wings and have a second story over it. As far as the footprint is concerned, it's very much a part of the house. And I can see where we can have some problem defining which patios we would convert. We would allow a reduction on, but where the patio is part of the structure of the house and is part of the -- covered by a second story, I wouldn't give it any reduction at all, it's part of the footprint. THE MAYOR: I don't agree with that on the garage or the patio. If people want to convert their garage or their patio if they are covered, they have to come in and get a permit. They can't do it without it and that's the time to stop it. MS. WALLACE: You want to stop them from changing their garage? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 THE MAYOR: Yes. MS. WALLACE: How? THE MAYOR: They have to come in and get a permit. MS. WALLACE: And you can say, no, you can't do that? THE MAYOR: Yes. MR. RANDOLPH: I guess the only way to control that is if you had something in the ordinance which said that in the event a garage were converted to part of the structure, then it shall be included as part of the lot coverage, and then if by enclosing the garage it exceeded the lot coverage then they wouldn't be able to do it. But then they ask for a variance. MR. STAHL: I think the best piece of paper we have been shown in this whole business of building up to this meeting is the document that we got from Lost Tree. And I think if we could follow something like that, where Lost Tree has looked at -- one 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 of the things, for instance, I think we have left out here is what height would you limit a one -story house to. It seems to me there should be a height limitation on a one -story house. MR. RANDOLPH: We have it. MR. STAHL: We have it on a two- story. MR. MAYER: All houses, 35 feet. MRS. ORTHWEIN: Yes, would you limit the height of a one - story? MR. STAHL: You want to take a one -story and make it 35 feet? MR. RANDOLPH: You should describe what a one -story house is and the number of feet, if they are going to a one -story house. MR. STAHL: I think on the small lots we also ought to have an additional set -back on the second story. MRS. ORTHWEIN: I disagree. MR. STAHL: Like yours was built. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 MRS. ORTHWEIN: You can't do that. THE MAYOR: What you are going to do is destroy the chance of this town in those areas where those older houses are, because there are younger people coming in with families and there are a bunch of crummy houses down in these areas and we want -- the price of the lot can afford a nice house on it, and you want to give them enough space to build a nice house on it like they did in Palm Beach along Palm Trail and along the lake. MRS. ORTHWEIN: Lost Tree is a community, it's a development. MS. WALLACE: You know 13 years ago we bought a lot on Polo Drive which was really small between Mr. Mayer and Mr. Coach. The only thing we could do was build a two -story house on that, we were restricted then. It's not unreasonable to -- MR. STAHL: How big was that lot? 3 4 5 6 7 8 9 30 it 12 13 14 15 16 17 i8 19 20 21 22 23 24 25 31 MS. WALLACE: I don't know. MRS. ORTHWEIN: But, you know, if you put those kind of codes in you are going to prohibit people from building two -story houses and that's going to take away from their design of their house, and I think that's wrong. THE MAYOR: We worry about converting the garages in those areas, I agree with that, and I think that can be handled with the way Randolph said it. MS. WALLACE: Did you recommend -- MRS. ORTHWEIN: To make the top floor come in like mine. MR. MAYER: Set -back on the top floor. THE MAYOR: I don't know if we need to do that. MR. RANDOLPH: These proposals already provide different set -backs for two -story houses. MRS. ORTHWEIN: We are talking partial two - story, that's why. That's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 why I wanted a clear definition of a two - story, full story or partial. MR. RANDOLPH: The way other communities control that, they have a height limitation for one -story and two -story houses. And say, for Instance, your height limitation is 15 feet, if somebody decides they want to go up 22 feet on a one -story house then for purposes of computing set- backs that would be considered a two- story house because it's higher than the normal one -story house, and then you go back 30 feet instead of 25 feet. MS. WALLACE: That makes sense. MRS. ORTHWEIN: Yes, it was something we never thought of, but in Lost Tree they require the set -back of a second story being more than the first story. MR. RANDOLPH: You mean a off -set between the stories themselves? MRS. ORTHWEIN: Yes. MR. RANDOLPH: Well then you are 1 2 3 4 5 6 7 8 4 10 11 12 13 14 15 16 17 18 1s 20 21 22 23 24 25 33 getting into design and you are right, Lost Tree is not a municipality, it's a community that can set these -- it's almost like a deed restriction. MR. STAHL: One of the things I find of interest in your recommendation is that you are reducing the front yard set -backs on some of the smaller lots. MRS. ORTHWEIN: We are controlling it too with percentage lot coverage. MR. STAHL: The present set -back, and excuse me for using your house as an example. MRS. ORTHWEIN: Please go ahead. MR. STAHL: The present set -back on yours is 40 feet and you are recommending that we make it 30 feet. MRS. ORTHWEIN: Uh -huh. MS. WALLACE: What does the existing ordinance say? Is it 40 feet or -- MRS. ORTHWEIN: It's 25 or 25 percent. 1 2 3 4 5 6 7 8 9 10 31 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 MR. STAHL: Whichever is greater. MRS. ORTHWEIN: They are pretty much guidelines from Palm Beach's zoning ordinance and we followed them pretty much, except for that percent lot coverage. We thought up our own, not thought up, I think -- these are basically from Palm Beach. MS. WALLACE: That's Palm Beach. MRS. ORTHWEIN: And here we maintain a 40 foot landscape area permeable soil, to define open space instead of someone coming in and slabbing the whole backyard concrete. THE MAYOR: I think these are good, I think we can live with it, the town can grow and grow properly under these proposals. I do think we have a concern about this water thing and how to work that, and I think we have the right of definition of a two -story and a one -story house. MS. WALLACE: I agree with Larry about the garage, I think to count 1 2 3 4 5 6 2 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 K1-] that as only 25 percent is not realistic. THE MAYOR: I disagree on that because -- where you live you have a great big lot and everything, and however comes in and buys can tear down your house and they can build a huge thing on it because they have plenty of room to do it, it doesn't restrict. But a lot of these other smaller lots, it does restrict. MS. WALLACE: Even more reason to be concerned about it because it's going to be much more overwhelming. THE MAYOR: It isn't -- with these it isn't going to be overwhelming with this. You go up and down Palm Beach and look at the nice developments and where they tore down the houses and paid big prices for the lots -- MR. RANDOLPH: They do have lot coverage ordinances and the garage, anything that is under cover is covered as lot coverage. 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 MS. WALLACE: So the garage is 100 percent? UNIDENTIFIED SPEAKER: What is wrong with somebody building a big house on a big lot? MR. STAHL: We are not talking about big lots, we are talking 10 to 20,000, that is what is on the table. MR. RANDOLPH: The idea is open space, that's the whole concept here. I guess the philosophical question is can you really control open space with set- backs, and if you have a large lot and all you've got is set -back restrictions of 25 feet in the front and 15 feet in the back and 12 and a half on each side, a person can conceivably fill up that whole lot with structures. And right now that Is what a person can do under your ordinance. I think these are directed at trying to ensure that you are going to continue to have open space in the town. MR. CROSS: Try to avoid what you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 have in Boca where you have row after row of $500,000 houses and about room for one rose bush in between them. UNIDENTIFIED SPEAKER: On these big lots, some of them you should address eventually not letting somebody come in and buy the lot and chop it up and sell the lot. MRS. ORTHWEIN: These are for existing, they cannot be created. THE MAYOR: That's under planning if they have to plat a lot, and if they take those big ones and subdivide they would have to plat through a planner which would be 20,000 square foot lots. MR. RANDOLPH: If someone has a 60,000 or so square foot lot they are entitled to subdivide. MR. STAHL: Where does it say that? MR. RANDOLPH: In your ordinance which says that you allow 20,000 square foot lots, in that particular ordinance. 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 THE MAYOR: Then we ought to have -- we ought to have that you have to replat. MR. RANDOLPH: We do, you have to plat it. THE MAYOR: So you can control it with the plat. You can't deny them from subdividing. MR. RANDOLPH: Right. THE MAYOR: But that still would fall under our ordinance. MR. RANDOLPH: That's right. MR. CROSS: You can't do beyond 20,000. MR. RANDOLPH: That's right. MR. CROSS: You can't do it beyond 20,000. THE MAYOR: Right. UNIDENTIFIED SPEAKER: The one thing you are forgetting on set -backs is that we have a 15 percent or 15 feet, whichever is greater. Now if you have a big lot we require that you stay 15 percent of that lot within, not just 15 feet. 1 2 3 4 8 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 25 39 MR. RANDOLPH: That's in the 20,000. MS. WALLACE: Are you recommending that we change that? MRS. ORTHWEIN: No, not for the 20,000 -above square foot lots. This is specifically for 10 to 20. THE MAYOR: We are talking about the 10 to 20. MS. WALLACE: Okay. MRS. ORTHWEIN: That's it. MS. WALLACE: I like what Larry brought up about the garage, and I think that since Palm Beach covers it 100 percent, I really think we ought to consider doing that. MR. CROSS: Can we say we give general approval to A, subject to the change in the garage coverage? MRS. ORTHWEIN: You know, I disagree with that, but I don't know if I have a voice in this. THE MAYOR: I disagree with that too. I really think that is wrong. If it's to control somebody from 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Cia] building in the garage then we can control it in other ways, same way with the patio. MR. STAHL: What is to prevent somebody from building a three car garage? THE MAYOR: Well, if they are going to build a three car garage they are going to take away from some of the other uses. They may have to give up the kitchen. MS. WALLACE: Build a three car garage and then convert it. MRS. ORTHWEIN: We are controlling their open space here. THE MAYOR: Then they are going to lose the other part. What would be the sense of having a big garage and a small house? MS. WALLACE: To convert it afterwards. But they can't convert it without coming to the council and getting a variance. They could use it as a play room. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 THE MAYOR: Well, if they are going to use it as a play room why wouldn't they build a play room. MS. WALLACE: Because they are only counting 25 percent instead of 100 percent. THE MAYOR: But they can still only cover so much of the lot. MS. WALLACE: They can cover more. AN UNIDENTIFIED SPEAKER: If you have a 2,000 square foot garage you are only going to count it one - fourth of the coverage -- THE MAYOR: But you've only got so much of the lot that you can cover. AN UNIDENTIFIED SPEAKER: No, it's 40 percent. You're saying if they can have a 30 percent maximum or 25 percent maximum with a two -story house, they are only going to count the garage as 25 percent. They might be at 30 percent, if you're only counting it at 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 25 percent. MRS. ORTHWEIN: We are still maintaining, I think, that the important thing in addition to all this lot coverage, and all that, we are maintaining that they have 40 percent minimum landscape area, and that's going to prevent anyone from building this lot to the hilt. They have to have an open space of 40 percent. THE MAYOR: And your garage, you don't air condition your garage. Your garage is a garage for vehicles and stuff like that. AN UNIDENTIFIED SPEAKER: But it's land coverage whether they use it as a garage or bedroom. MS. WALLACE: It still contributes to the bulk of the house. I think that's what they have done in Palm Beach, I think Palm Beach uses a pretty good guideline. MRS. ORTHWEIN: I think their's is 50 percent, isn't it? Fifty 1 2 3 4 5 6 7 8 9 30 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 43 percent counting the garage. MR. RANDOLPH: I don't think so. MRS. ORTHWEIN: In our meeting it was brought up, 50 percent. MR. RANDOLPH: I think the garage is counted as part of the structure. I don't think there is any separate treatment given. MRS. ORTHWEIN: Really? MR. RANDOLPH: I'll check that. MRS. ORTHWEIN: Okay. MS. WALLACE: I would be willing to go with whatever Palm Beach does. MRS. ORTHWEIN: I think I read it was 50 percent, but I don't know. MR. CROSS: That seems a sensible compromise. MRS. ORTHWEIN: You know, when you do put that in, you are going to force more people to build two -story homes, which is fine. MS. WALLACE: As I say, that was my only option at Polo Drive. I don't think that I built a terrible house. I think if someone has the advantage 1 2 3 4 5 6 7 8 9 30 11 12 ( 13 14 15 16 17 16 19 20 21 22 23 24 25 44 of knowing ahead of time that this size lot will not allow a one - story, they have the option of whether to buy It or not. These are reasonable things to know. It's not unreasonable to have these requirements. MRS. ORTHWEIN: I totally agree, but you are going to force more people to go totally two -story as opposed to partial two - story. THE MAYOR: What does it say? MR. RANDOLPH: That particular chart doesn't deal with how they treat it. That just talks about lot coverage being 35 percent. MRS. ORTHWEIN: Lot coverage being -- MR. RANDOLPH: Lot coverage in any particular district being a certain percentage of the property, and in that sense it was 35 percent. MRS. ORTHWEIN: Can I point out, in Ocean Ridge and Manalapan the lot coverage was a lot larger, I mean, 25 percent is not unreasonable. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 I think in Ocean Ridge it's 45 percent, and in Manalapan it's 35. Do you know? AN UNIDENTIFIED SPEAKER: It's 30 percent in Ocean Ridge and 40 percent for multiple family. MR. MAYER: For multiple family. AN UNIDENTIFIED SPEAKER: I know that. My husband and I have been living here for almost two years now, and when we were looking at different communities we knew that we had a choice for the amount of money that we could spend. I mean, we could get a very large house in a place like Boca, or a much smaller house in a place like Gulfstream. And there were considerations that were more important to us than just simply the square footage of our house, and that's why we chose Gulfstream. We felt that this was a community where we could take a walk and we could breath here, there is space 1 2 3 4 5 6 7 8 9 30 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 46 here, without being shoulder to shoulder with our neighbor. And if it was more important to us to have more house, then we knew there were plenty of places that we could go and do that, but this was the priorities that we have to live here, with more space between the houses. And the community has a certain character because of that. And also, some of us did take the liberty to peek into some of the ordinances and what I got for Palm Beach was percent lot coverage, including all roofed areas, screened, carports and trellises, if that answers that question. MS. WALLACE: All roofed areas, screened? AN UNIDENTIFIED SPEAKER: Not just garages, carports and trellises. MS. WALLACE: They are counting screened in patios, not 25 percent, they are counting more than you are l 1 2 3 4 5 6 7 8 9 30 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 47 even talking about counting. I think we ought to go with what Palm Beach has. MRS. ORTHWEIN: When our committee meet with the architect we felt that was too restrictive. MS. WALLACE: Is Palm Beach encountering any problems with this? AN UNIDENTIFIED PERSON: No. MS. WALLACE: If you drive through Palm Beach it doesn't look as if it's too restrictive there. MRS. ORTHWEIN: I'm just telling you what our committee felt. MR. CROSS: We have to give guidance to these people. MR. MAYER: If everybody is happy with the way things look now why change it? THE MAYOR: Well, we wanted -- certain people are happy with the way It is now. When we change it to this, we are changing it from -- to me, something that will help the area grow and that 1 2 3 4 5 6 7 e 9 10 11 12 ( 13 14 15 16 17 1B 19 20 21 22 23 24 25 48 we should move towards that. MR. MAYER: Bill, it seems to me that this is really preventative maintenance. THE MAYOR: That's true. MR. RANDOLPH: I think one of the things, if I might interject, that you're trying to do, it's not necessarily to change for change sake, but as I understand it there are a lot of lots in the town that are less than 25,000 square foot and, therefore, you are put in the position of having to grant a variance every time somebody comes in and wants to build. And this will keep that from happening because it would set forth specific regulations on those lots. And I think you would include in your ordinance the language which I proposed regarding the existing lots, and that would say lots which are less than 20,000 that existed as of the day of this ordinance may be built upon, however, they must comply with the 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 following restrictions. And then you set those restrictions. MR. MAYER: I think that is good, and what I was going to say, many of the variances that we have given is to allow people to build smaller houses on those smaller lots, because they cannot come up with 3,000 square foot lots. So a lot of them are for smaller lots. MR. STAHL: Our code doesn't define a 3,000 square foot lot, does it? MR. MAYER: I thought it did. I thought there was something in there that says -- MS. WALLACE: It doesn't say what it's composed of. AN UNIDENTIFIED PERSON: It tells you it has to be more than 3,000 feet, it doesn't tell you how to come up with it. MR. RANDOLPH: Do you feel that you need the limitation on the size of the house, do you think that is 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 1? 18 19 20 21 22 23 24 25 Aft something that needs -- MS. WALLACE: On the low end or the high end? MR. RANDOLPH: On the low end, I think that's something that really needs to come out in your ordinance. I don't think anybody is going to be attempting to build -- for what they pay for property, they are not going to be paying to build what your low end says. MR. MAYOR: That's exactiv right. MR. RANDOLPH: I think that should come out of your ordinance. THE MAYOR: Now we have to move toward some direction. MR. STAHL: Let's just address A -1 here, the percentages. Percentage lot coverage. Twenty -five percent maximum for two - story, 30 percent maximum for one - story and 40 percent minimum landscape area permeable soil. Do we have any problems with that? 1 1 2 3 4 5 6 T B 9 10 11 12 13 14 15 16 1T 18 19 20 21 22 23 24 25 51 THE MAYOR: I don't. MR. CROSS: I don't. MR. STAHL: I don't. MS. WALLACE: I think John had mentioned some question about the difference between addressing them as two different things. MR. RANDOLPH: Do you mean the 10,000 versus 20,000? MS. WALLACE: Yes. MR. RANDOLPH: Well, it's very unusual to put in your code regulations for lots that are not permitted, and that's why I asked the question: Are these restrictions that much different than are in your 20,000, because I thought that perhaps we could apply these restrictions across the board and use these for 20,000 and 10,000 and then you wouldn't have a different. But I can work with it, I mean, if you feel that the restrictions for 20,000 square foot lots need to be different than the restrictions for 10,000 -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 52 MR. STAHL: No, no. What we are saying, 20,000 and under. MR. RANDOLPH: I know. MR. STAHL: Is what this really should say, one category. MR. RANDOLPH: That's the distinction I'm making. THE MAYOR: Why don't you say all lots. MR. RANDOLPH: That's the distinction I'm making. Can these be applicable to all lots? Now, I will say this, if you do make this applicable in this fashion to all lots in the town, you are really making it more liberal for the 20,000 square foot lots which now, for Instance, have to have say a 25 foot set -back or 25 percent, whichever is greater. And in this particular case you have it just 25 feet -- MR. STAHL: John, on the big lots I don't think we want to get away from percentage set - backs. MR. RANDOLPH: Well, that's what 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 53 I'm saying. That's what you have in the 20,000 and over, so there is a big distinction between the 20,000 square foot lots and these. MS. WALLACE: But the question Is would you want to go back to 25 percent down the board? MR. STAHL: I don't think -- you see, when you go to your big lots your set -backs then really drive the coverage, and if you've got a big lot, I mean, you've got to have 25 percent -- you've got to have 25 percent set -back from the street, you have to have 15 percent from the back -- MR. RANDOLPH: I can deal with it In this way. If you think that it's important that you continue to have different restrictions for 20 and over, and then from 20 and under, even though -- I was just stating it's a little unusual and I haven't seen it done this way before, but I think I can draft an ordinance which would 1 2 3 4 5 6 7 8 9 30 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 54 indicate that in the event a less than 20,000 square foot lot was in existence at the time of the adoption of this ordinance it can be built upon, however it shall follow the following restrictions and these restrictions will apply. MR. CROSS: I think once those restrictions -- you set them out, can be applicable to all sizes. I think we have to recognize the historical factors that we just have a lot of these lots that are small. MR. RANDOLPH: Well, that will complicate things because then we'll have to go in to the 20,000 and over lots and see if we should change those and make these applicable. MS. WALLACE: Let's not do that. MR. STAHL: The exiting set- backs, the code, the way it's written for lots greater than 20,000 square foot, I don't think any member of this Board has any problem with those existing set - backs. Is that right? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61&7 MR. CROSS: Right. MS. WALLACE: Right. MR. STAHL: So what we are focusing in on is changing the set- backs and establishing some new rules and regulations for 20,000 square feet and under. Now, having said that, do you have a problem with that? MR. RANDOLPH: No, I can work with these type of restrictions on those lots. You realize from a practical standpoint there is a big difference. If you've got a lot that comes in at 19,900 square feet, and you had a lot that is 10,000, whether or not what you have here should be applied to both of those. That's why in the past you have always dealt with that by variances and you could look at he particular characteristics. MRS. ORTHWEIN: Is it impossible to carry over the percent lot coverage to the bigger lots and keep the set- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 56 backs separate? MR. RANDOLPH: You can do that, and I think you are going to have a lot coverage restriction for the 10,000 to 20,000. And you should also have the same thing for the 20,000 and over. MRS. ORTHWEIN: And keep the set- backs different, because I do believe the set -backs -- MS. WALLACE: But on the over 20,000 you don't want a 30 percent maximum for a one story house, it should be 25 and 25. That's what Palm Beach is. MR. STAHL: Why don't we, on the bigger lots, the amount of permeable soil you have can control it pretty fast. MR. RANDOLPH: You can. In that event a bigger lot, a 30,000 square foot lot, you could have 60 percent lot coverage. MRS. ORTHWEIN: Yes. MR. CROSS: I would like to see 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57 what Skip might come up with given the guidelines. MR. RANDOLPH: I think so far you have approved Item 1 through A, B, C. I can work with that. I don't have a final direction as to the footnote, and I don't think I'll get that today. THE MAYOR: You have vour set- backs. Let's go down to 2. MR. STAHL: We have a hassle with the footnote. THE MAYOR: I know we have a hassle, but let's look at the others. Do they make any sense? MR. CROSS: They do. THE MAYOR: They do to me. If we can eliminate what we agree on, then we can -- MR. STAHL: You want the Board to appreciate that these set -backs represent -- for instance, on front yard set -backs you can now build closer to the street. On the rear 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 58 yard set -back you can now build closer to the rear line of the property. MS. WALLACE: So you really are giving -- MR. MAYER: I thought that's what you didn't want. MR. CROSS: I'm making a point. MR. MAYER: I think that's what you don't want. This is -- you are talking about distance between houses. MS. WALLACE: The existing set- backs are radically different than these. MR. STAHL: Are there specifics on it? MRS. ORTHWEIN: The set -back that they had to confirm with was 40 feet, 25 percent of the lot depth, and you are giving them ten more feet in the front yard now. MS. WALLACE: Or 15. Can you actually put a driveway in with 25 feet and turn around? MRS. ORTHWEIN: You sure can. I 1 2 3 4 5 6 z 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 59 would think you wouldn't have a turn around. MR. CROSS: Given the price of land, these proposed set -backs seem to be reasonable between 10 and 20,000, otherwise they wouldn't be worth building on. MS. WALLACE: I'd say 12 and 20,000. I don't think anything smaller than that. MR. STAHL: I think if anybody came up with a variance and requested a variance, we would have a hard time not allowing it. THE MAYOR: We want to get away from as much variances as we can. We want to give them a chance to build something that they can come in and build it without going through all the things they are going through. In other words, spell it out. We will still get some variances, don't think we won't, but this way -- I think this is reasonable. MR. CROSS: Remember this still 1 2 3 4 5 6 7 8 9 30 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wo has to have 40 percent permeable soil. MR. RANDOLPH: Let me ask a question which may not be a practical question because it may not exist. And you can tell me if it does. What if you have a 19,000 square foot lot next to a 10,000 square foot lot, and keep in mind of course that your lot coverage will be the same for both, but say that one of the houses decides that it wants to buy the 19,000 square foot lot, wants to have the same set -back that is set forth here, are you going -- is it going to result in a situation where you might have somebody deciding that they want to set -back up to the front and therefore be blocking the view of the adjacent neighbors. Are you going to create a situation where your set -backs are going to be a hodge podge rather than on a straight line? I mean, from a practical 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61 standpoint, I don't know if that can exist. I don't know whether you have those kind of situations. THE MAYOR: I don't think we have anything that big next to the small ones. I can't think of any area where that would be. MRS. ORTHWEIN: Corner lots are bigger. THE MAYOR: The only thing is these little cottages down here by the school, and even there, and until you get up to -- no, there was a street in between before the big lots start. No, I can't think of any. MR. RANDOLPH: So everybody is in favor of number 2 A, B, C? THE MAYOR: I am. MR. RANDOLPH: And you want me to do some height restrictions for one and two -story houses? MS. WALLACE: Yes. THE MAYOR: Yes. I think you should put height restrictions with the houses. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 [k MS. WALLACE: That helps in your definition of a two -story house. MRS. ORTHWEIN: Yes, it does. THE MAYOR: It will make it much easier. MR. RANDOLPH: Do you want a lot coverage restriction in the 20,000 and above? MR. STAHL: No. MRS. ORTHWEIN: I think so. THE MAYOR: Don't you want lot restriction coverage? MS. WALLACE: Why not? MR. STAHL: I think the existing set -backs give us considerable control there. We can go ahead and put it in. You have a certain amount of control right now and on the big lots you are going to get some major set - backs. MS. WALLACE: We still need the lot coverage. MR. CROSS: I would like to see it in there. MS. WALLACE: At 25 percent? THE MAYOR: Twenty -five. 1 2 3 4 5 6 7 8 9 30 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 53 MS. WALLACE: All the way across, either -- both one -story and two - story. That's what Palm Beach has and I think that's reasonable. We have given the larger lot size. What they were trying to do here is -- THE MAYOR: That's all right, I go with that, that 25 for the bigger. But now you go back to note I think this is reasonable, the 100 percent air conditioning, 25 percent garage and 25 percent covered patio. MRS. ORTHWEIN: As a resident architect Mark expresses his feeling on the 100 percent and 25, that this is realistic. MS. WALLACE: Mark, this is in relationship to the fact that Palm Beach has 100 percent lot coverage covering everything. THE MAYOR: We don't know for sure. MS. WALLACE: Yes, we do. MR. STAHL: Would you address the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 64 pros and cons considering your lot -- calculating your lot coverage by roofed areas versus giving the garage area a break. MR. MARSH: The problem with the smaller lots, which is what we are discussing, if you used the roof area to achieve a reasonable habitable space or condition space, you are limiting yourself to maybe 2,000 square feet because on a 10,000 square foot lot you are allowed 2,500 square foot coverage under roof by 100 percent and which you would have to take out 500 for a garage, so your habitable space or living space -- and that's separate if you have a balcony and that's covered, and you are going to reduce that living space by more. MR. STAHL: But that's a very small lot. MS. WALLACE: You're talking about a one - story. We don't have a 10,000 square foot lot. You are talking about the guidelines for a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 two -story which would -- them. 65 MRS. ORTHWEIN: Yes, we do. THE MAYOR: We've got a bunch of MRS. ORTHWEIN: 10,000? MS. WALLACE: No. The smallest Is 12,000. MR. MARSH: Using that as a work condition, what I'm saying is you take 25 percent of 10,000 square foot and that's 2,500, and you take out 500 for a garage and just say 100 for a patio, covered patio, that leaves you with 2,000 square foot of living space. MS. WALLACE: Excuse me, but you would be taking 30 percent, if you're talking about a one -story house square footage, it would be 30 percent. If you're talking about a two - story house it should be 25 times two. You measure the upstairs square footage as well. You would have room to build a house. THE MAYOR: Yes, but you're going to force everybody to build a house -- 1 2 3 4 b 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 M-0 the same thing. So this way it gives you -- if you take more than 25 percent of the garage I think it's wrong on these smaller lots. I think you're going to stimy the architect or approach to building on these lots if we do that. You are going to have everybody going up the same thing. MR. MARSH: Let's go to 3,000 square foot. Again, if you take up 500 and it's spread out more, you may have more value than say taking 200, so we're talking out 700 square foot and leaving a house at 2,300 square foot which is very small. MS. WALLACE: But probably fitting to the size of the lot. MR. MARSH: But you have to look at it for accommodation, that's barely a two bedroom house, which is not worth you trying to encourage -- THE MAYOR: You have people -- the people with the big lots, like you have a big lot, you can still build, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 67 but we are stimying the smaller people. MR. STAHL: Counting the garage on a 16,000 square foot lot? MR. MARSH: But if you have proportioned a little more than 2,800 square foot, again you are going to limit yourself to 2,200 -- MR. STAHL: One- story. MR. MARSH: I think the other side, if you give some concession to the garage in terms of the 100 percent to 50 or 25 percent, you are just allowing that person to help create a more liveable -- MS. WALLACE: How do you think Palm Beach has it, they count as 100 percent their garage, their screened patio, everything under roof 100 percent. MS. ORTHWEIN: They are full of two - stories. MP.. RANDOLPH: I will look at that. MS. WALLACE: I would be willing 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 68 to go with what Palm Beach has. THE MAYOR: We can't deal with what we don't know. We have our own little area that we have to go with, really. MR. MAYER: We are Gulfstream. I love Gulfstream and I don't care for Palm Beach. MR. MARSH: We have a lot more lots that are between 10 and 20,000 than Palm Beach. I mean, plus AuSoleil has a loan -- has a lot of lots. MS. WALLACE: There are a lot of lots in Palm Beach. MRS. ORTHWEIN: In our house what I was fortunate enough to do was to do a full two - story. I don't think Larry really wanted a full two - story, he'd of rather had the partial, I think, but if you're going to limit this you are going to force people to build two -story houses. That's all you're going to do is to create -- MS. WALLACE: That's correct, 1 2 3 4 5 6 7 8 9 30 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that's what I had to do. I knew when I bought the property that's all I could do. THE MAYOR: That was a very small lot. MRS. ORTHWEIN: I think if you went back you could have done something else because the ordinances were a lot more liberal. MS. WALLACE: With the set -backs from the side yard, the corner? MR. MARSH: The point of this is two -fold. You have to check points here. You have one, the set -back, which would create minimum set - backs, that's going to assure the separation between residences and I think the 25 percent -- if the other check, I think it's only reasonable to give some credit to the garage and balcony. I mean, you have two check areas and as a designer, I think it's going to protect you in terms of achieving what you are trying to do, which is the separation between you or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 70 residents, and -- MS. WALLACE: I think the garage contributes to the bulk of the house, not 25 percent. MR. MARSH: The flip side is economics. MR. CROSS: You take a lot that is less than 20,000 and give them existing proposal set -backs and the requirement for 40 percent permeable soil, there just isn't going to be that much space left to pile in a big garage, and I think we could safely allow 25 percent on the garage for lots that size. MRS. ORTHWEIN: I agree with that. MR. MARSH: What you are going to encourage is a much smaller garage, that's the design that the owner is faced with. MR. CROSS: Well, if you're driving a Volkswagon that's fine. MR. MARSH: You have to look at it in terms of economy. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 71 MR. CROSS: You've got enough protective ground on the limitations on the minimum permeable soil and the set- backs, I don't believe you are going to have extravagant garages even if you are only charging 25 percent. THE MAYOR: Well, then let's make a decision on this. MR. STAHL: Let me ask him one question. The Orthwein house, if we had 50 percent she could still build that same house according to the numbers your partner gave us. MR. MARSH: Yes. MR. STAHL: What is the difference between 50 and 25 percent on a lot that size? MR. MARSH: I think it's forced us to go up onto that two - story, or story and a half, partial two - story. I can't recall what they used. MR. STAHL: You were going to have to go up because you were close to 40 percent -- well, we didn't have 1 2 3 4 5 6 7 6 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 72 lot coverage, but it was round a little better than 40 percent permeable soil, it was about 43 percent permeable soil on that one. MR. MARSH: I think you have to look at it, you have three checks, I forgot the other one, the permeable space. And that has to be defined as permeable, not recreational, and I think between those three -- THE MAYOR: Let's have -- will you make that proposal, adopt number whatever it is? MR. CROSS: On 1 -A note that we approve the 25 percent for the garage. THE MAYOR: And also 100 percent and the 25 percent -- MR. CROSS: For the other two, yes. THE MAYOR: All those in favor? I'm in favor. MRS. ORTHWEIN: Can you make sure you meet the 40 percent permeable soil? 1 2 3 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 73 MR. CROSS: We already have. MR. STAHL: The only significance of this vote this morning is to give John guidance to proceed. MR. RANDOLPH: You can't take action. THE MAYOR: But we have to take some action, otherwise we are back in the hole. Three in favor. MS. WALLACE: And one opposed. MR. RANDOLPH: That's all three Included covered patios. THE MAYOR: Right. Now, Intracoastal water property is going to be addressed by the Planning Board again. MR. RANDOLPH: I'll bring you back a definition of what the lot size is going to be. THE MAYOR: You'll bring back -- MS. WALLACE: Definition of a buildable lot? MR. RANDOLPH: Definition of a buildable lot. 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 74 THE MAYOR: Which would include the seawall, or whatever we talked about, right? MR. STAHL: I'm going to see your property line now is from the high water mark, right, John? THE MAYOR: That's the way it is. MR. STAHL: No action is really needed on C. THE MAYOR: No. MR. STAHL: The property is defined by that line. THE MAYOR: Right. Indeed we want to -- MR. STAHL: I'm not sure, I still don't understand D. Can we relate it to a particular problem in the community at the moment, what we are talking about there? MR. MAYER: Are you talking about the seawall? MR. STAHL: Yes. MR. MAYER: As I understand it a couple of people asked to build a 1 2 3 4 a 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 75 seawall a little bit higher than their neighbor and some of the neighbors objected to that for some reason. MR. STAHL: Why can't we simply say that there will be continuity of seawalls in the community and if repairs have to be made to existing seawalls the existing continuity of the seawalls will be maintained rather than having to define the height of the seawall. MR. MAYER: Well, the only trouble, Larry, is that since those old seawalls were built there has been higher and higher tides, and consequently water comes in and allows -- and won't protect them. MR. STAHL: You are addressing two problems. The problem you have come forward with is that some people wanted to raise their seawall and you want continuity of seawalls. MR. MAYER: Right. MR. STAHL: Okay. I don't have a problem with that. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 76 Your second point that we should raise, seawalls, I don't think you really mean that, you don't want -- for example, there are some people on Polo whose yards flood all the time, you don't want to tell them they've got to raise their seawall. MR. MAYER: No. MR. STAHL: You don't want to tell them that they have to raise their seawall? MR. MAYER: No, not -- MR. STAHL: Or tell me that I have to lower my seawall because my seawall is higher than one foot above the high tide? MR. MAYER: This is up to them, whatever they want to do. However, I think the idea of having continuity in seawall is great, so if this fellow wants to raise his seawall his neighbor can raise his if he would like to. We are not making a demand. MR. CROSS: You are also saying not greater than one foot above. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 77 MR. STAHL: This really gets sticky because I go back to Polo Cove. The seawalls in Polo Cove today, it looks like we have continuity as you look at it. MR. MAYER: Right. MR. STAHL: And we do, I mean, it goes downhill and it comes back up hill. THE MAYOR: They think evenly. MR. STAHL: I don't know what you would expect in Polo Cove, you said something about continuity of the seawall, I'm not sure what you have in mind here. MR. MAYER: I think -- MR. STAHL: If the guy repairs his seawall and he may bring it up -- and one neighbor might be a few inches higher than the neighbor on the left, what you really want him to do is have a smooth line between his neighbor's, right? MR. MAYER: That's up to them, i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VAU and I think maybe the way this is stated, maybe the language is bad, but I think what we are trying to say is, if your neighbor puts his seawall up a little higher then you can put yours up to protect your property. THE MAYOR: I don't read it that way. MRS. ORTHWEIN: I think Mark explained it. THE MAYOR: Can you help me? MR. MARSH: I exaggerated the situation because what we are facing again is a lot of the homes had a finished floor level at about seven, seven and a half feet, and we had been asked and requested to go higher for obvious reasons, and the problem I brought up is the fact if you raise your floor level and your building area, people may tend to want to elevate their whole yard, even if they meet all the drainage requirements, and therefore you may see situations where the elevation becomes more of a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 79 retaining wall rather than a nice continuous seawall and keeping the continuity through the bay. In other towns like Lighthouse Point and Highland Beach they have experienced this up and down -- and I think the whole point was to try to get a medium reference point by which the town could mandate the height of that wall. MR. STAHL: Okay, but how do we handle the existing problem that I have pointed out in Polo Cove today? MR. MARSH: With the continuity? MR. STAHL: We have continuity but we don't have levels. In other words, if the seawall goes like this, it's very hard to see but how do we handle that if the person who is at the low points wants to bring his seawall up, which he very well may want to do. MR. MARSH: Was that all done at the same time? MR. STAHL: The seawall? i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Wo THE MAYOR: Originally. MR. MARSH: There is a continuity in appearance. MR. STAHL: In appearance, yes. MR. MARSH: I still think the high water level is a means of reference point, then they could build back to match the higher ones. MR. STAHL: Then we get a discontinuity in the seawall. THE MAYOR: They are going to have -- when somebody's blows out they are going to put a new one in and put it in higher. MR. MARSH: Eventually continuity -- THE MAYOR: Yes, when everybody -- but that may take a long time. I think you have a problem here that maybe we ought to at least address this at a different time and really do some studying on it. MR. STAHL: You got into this problem by talking about floor level, right? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 81 MR. MARSH: That's where people are going to refer to it -- THE MAYOR: And floor level we can easily handle. MR. MARSH: Yes, but I'm just saying from past experience, I have seen people who want to attempt to raise their seawalls, type of retaining wall, raise their deck area to the pool height, and all this is -- it's just a caution to the town really that you should somehow enforce a maximum or minimum height of the seawall. MS. WALLACE: What would be a maximum or -- did you say maximum floor level? Is that a reasonable -- MR. STAHL: No, that's another problem. MR. MARSH: That's a whole different issue, it's not eight, seven Is the minimum and you can go up to eight and a half, nine, ten, it's really -- THE MAYOR: The flood insurance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 82 comes in and sets the minimum and they are raising their minimum all the time, so if you want to get insurance now I think they are talking about some place nine feet. MR. STAHL: What do you want to do with this? THE MAYOR: Can we leave that for another -- MR. STAHL: I don't see how to come to grips with it. MR. BRANDT: Can we say that no seawall shall be built more than 12 inches or one foot over main high tide and leave it go at that? MR. STAHL: Dick, I don't think that we can do that because you are going to have to say build or repair. MR. BRANDT: Right. MR. STAHL: But some of us today have seawalls that are considerably more than 12 inches above main high tide. MR. BRANDT: For all seasons? MR. STAHL: I'm talking about the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 83 highest tide I've ever seen in Polo Cove, my seawall is considerably more than 12 inches above it. MR. BRANDT: Yours is existing, It could be grandfathered in, but none In the future -- this will keep that deal from piling blocks out in the seawall and screwing up the yard. MS. WALLACE: Can you factor it In relationship to the seawall on either side? Can you deal with new construction? MR. STAHL: We just did. We had continuity of seawalls. MRS. ORTHWEIN: We put up our seawalls the same. MS. WALLACE: But they weren't required to do that. MRS. ORTHWEIN: It was the same that was there. We didn't even think about that. It's when someone comes in -- if I would have come in and put my seawall a foot higher than THE MAYOR: Probably say -- if you want to keep continuity say that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 84 no seawall will be higher than the adjoining property - holder. You could put a regulation like that. MS. WALLACE: Then if you have to come through and add and put another foot, every one in the whole neighborhood would be required to do that. MR. RANDOLPH: You probably have a maximum, but say that in no event shall a seawall be higher than the adjacent property, plus I think to a larger event this can be dealt with through the building permit process, rather than a zoning ordnance. THE MAYOR: But we have to have some -- we have never addressed this before. MR. STAHL: Seawalls aren't even in our code. MR. BRANDT: Call around and try to find out around the county what the seawall height is. Call different places in order to establish that, because we just had three houses raise 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 85 their seawalls up because they wanted to be protected from the higher tides that we're getting. MR. STAHL: And did we end up with discontinuity? MR. BRANDT: Yes. MR. STAHL: Where? MR. BRANDT: Over by Billy Coach's house and the guy on the corner, Stormy Norm, and then the guy to the west. THE MAYOR: So there is a problem. MRS. ORTHWEIN: That's why we brought this up. MR. STAHL: Okay. MR. MARSH: To use the retaining wall interior or -- MR. BRANDT: And the height they set the new seawall at was supposed to be one foot over main high tide. THE MAYOR: A foot over the main high tide which is probably the same -- if yours is a foot over, it's probably the same height as that. 1 2 3 4 5 6 T e 9 10 11 12 � 13 14 15 16 1 18 19 20 21 22 23 24 25 MR. STAHL: Can you write something, John -- MR. RANDOLPH: Not on the basis of what you have. I don't think you have enough information here today to decide this. I think you ought to direct this to the planners and have them come back with a suggested method to deal with this. You can't deal with it right now. THE MAYOR: When Henry Pope built our seawalls up in the area that we are on that north end, the first part, those things were maybe eight inches above, being the high tide, because when you would have your high spring tides as we still do now that water gets right up to lapping over the seawalls, while as they built more coves, the farther they went to the north he made them higher. So where Fritz -- you don't have the water lapping over yours, but he found out that he had to make them higher, so those are all higher. 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 87 In the newer areas they are higher, but these older ones are starting to blow out and they are going to have to be replaced and they are going to replace them at least a foot above the main high tide, so they are even with everybody else's and we can't keep allowing the low ones to exist. People should have a right to make them at least a foot above high tide. MR. STAHL: Aren't the seawalls on the waterway even higher? MR. BRANDT: On the Intracoastal I don't know that. THE MAYOR: I don't think so. MR. MARSH: No, they are not. In fact, they are probably -- I have seen them within six inches of the top of the bulkheads on the Intracoastal. THE MAYOR: The older ones. The newer ones are much higher. MR. MARSH: How about AuSoleil. THE MAYOR: Those are even higher than the first ones Henry Pope put 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 88 in. MR. MARSH: They are not a foot above high tide. THE MAYOR: They are probably not. MRS. ORTHWEIN: What else do we need to correct this, if this is not sufficient? MR. RANDOLPH: I don't think you have enough input from planners and people -- and engineers and other people that deal with this on an every day basis in order to make a policy decision today. I would just suggest that the commission direct us to look into it and look at other communities and see how they handle it and come back with a suggestion. THE MAYOR: Because these seawalls are going to start blowing out, we better address them, because they have been in there an awful long time. MRS. ORTWEIN: I would like to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 89 address them fairly rapidly to get this with the rest of the ordinances. MR. RANDOLPH: I mean, right now you can say continuity. MRS. ORTHWEIN: Can we say continuity to prevent people from doing it and then have the Commission look at it as they are building? I mean, to present you with their plans. THE MAYOR: If my seawall would blow out down where I am now and the other ones along there, I would think that to replace them you are going to have to replace them a foot higher, because it just washes -- MR. STAHL: You have just made an argument for discontinuity. MRS. ORTHWEIN: That's right, that's why we put a maximum of main highest tide plus a foot. I mean, that is like the max of what you can N-M If you are building a new one the main highest tide -- 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 MEG MR. STAHL: I think what he would like to say is let's forget the word continuity, forget it, and what you want to say is new seawalls, when they are replaced must come back in at least one foot -- it must be no higher than one foot above the highest tide. MRS. ORTHWEIN: Thank you. MR. STAHL: And forget about the word continuity. THE MAYOR: Because it's going to happen and it would be a shame for someone to come in and put a new seawall in and then -- as low as they are now. MRS. ORTHWEIN: Oh, no, I think you should be able -- you have to, but all we want to prevent is people putting seawalls up four feet. That's all. THE MAYOR: A foot above the main highest tide. MR. STAHL: Turning to the last one, can we look at page 4 in the code. I think we can handle it rather 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 91 quickly. I've always felt that properties on the ocean, there has been an inconsistency in our code on the front yard required, John, on the bottom of page 24. Could we say that you've got to have 25 percent of lot depth for set- back? Some of those properties are four or 500, maybe even 600 feet, and what we really have always done over there is said along AlA as far as the oceanfront properties are concerned, the set -back shall be at least 78 feet. MR. RANDOLPH: All right. MR. STAHL: And that's what we want. In other words, we want to take the requirements, I want to get rid of the ambiguity that's in here. MR. RANDOLPH: This says, at least 78 feet, and then if 25 percent of the lot depth is greater than that they would have to be greater than 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 that -- MR. STAHL: But those people have come in for variances. They always come in for variances on the oceanfront properties with front yard set - backs, because it's 125 feet -- MR. RANDOLPH: You want it to be a flat 78 feet on oceanfront? MR. STAHL: Yes, minimum. MR. RANDOLPH: Right, minimum. MR. MAYER: Wouldn't we have problems when this new 150 foot construction line goes westward? MR. RANDOLPH: We are talking about from the road, from AIA. MR. MAYER: Yes, I'm talking about the construction, 150 feet from where that is now. MR. RANDOLPH: I don't know how that will affect the set -back. THE MAYOR: It will affect some of these lots a lot. MR. STAHL: It sure will. MR. RANDOLPH: What the people need to understand is where the number 1 2 3 4 5 6 7 8 9 10 S1 12 13 14 15 16 17 ,8 1 Im 78 feet came from. THE MAYOR: From the center line . county put that in. of the road The MR. STAHL: But where did it really come from, and it really came from the so- called ultimate right -of- way right along AlA, definition of ultimate right-Of-way. MS. WALLACE: So it really can't be less than 78 feet. MR. STAHL: It could be. THE MAYOR: This is what they requested. If you were getting a permit from the county it couldn't be anything less than 78 feet. The county would not let you build between the center line of the road and 78 feet Off- MR. RANDOLPH: The way I understand it now it has to be 78 \� feet, correct? THE MAYOR: Correct 2' Or if You have a 24 MR, RANDOLPH: is very deep and it would .y6 lot that require a greater set -back than i 1 2 3 4 5 6 7 e 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 94 that - -- MR. STAHL: Then you have to get -- MR. RANDOLPH: No, then you have to go to the greater set -back. MR. MARSH: That's right. MR. RANDOLPH: So what is it that you want changed from that? MR. MARSH: Maximum 78. MR. STAHL: We want to put the people in a position where for 78 feet off the highway you don't have to request a variance for front yard set- back. MR. MARSH: Was that tied in originally with the potential of four lanes on A1A? MR. STAHL: Yes, that is correct. MR. MARSH: Have they indicated how they are not ever going to four lane it? MR. STAHL: They never backed off on that requirement. THE MAYOR: But the more houses 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we have closer to the road, the less they are going to come in and condemn it. MRS. ORTHWEIN: We put in there either or because of the houses to the west of A1A too. We thought we could lump it in, either or 25 percent an that. It was not clearly spelled out. MS. WALLACE: So the houses on the west side might not have 78 feet. MRS. ORTHWEIN: Right, so it would be 25 percent, we changed it either or 25 percent. MR. MARSH: You just have a 78 foot -- THE MAYOR: You are going to have a bunch of people coming in for variances. MR. MARSH: How far are they? THE MAYOR: Those lots are only -- there's a lot of those houses. Those lots are only maybe 125 feet deep. We're talking about the ones along in this area. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MRS. ORTHWEIN: On the west side of the road. THE MAYOR: You are going to have to have some variances granted anyway. MS. WALLACE: If you do the 25 percent, that should handle it. MRS. ORTHWEIN: That's why we put either /or. MR. MARSH: On the east it's always going to be 78. MS. WALLACE: And on the west it would be either or. MRS. ORTHWEIN: That's the only reason we did that. MR. RANDOLPH: I think the way it's right now, it says 78 feet even on the west side. MR. STAHL: No, it really doesn't, John, you can make a case where it doesn't. It's talking about, as you read through it, it's tracks of land fronting on Ocean Boulevard or the Atlantic Ocean. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 97 MR. RANDOLPH: I think what this says, anybody that is along Ocean Boulevard or the ocean has to be 78 feet back. MR. STAHL: Okay, so you are saying either 25 percent of 78 feet? MRS. ORTHWEIN: Yes. MR. STAHL: I would agree with that. MS. WALLACE: Any problems with that? MR. RANDOLPH: Except in some instances you may have less than 78 feet. MS. WALLACE: Twenty -five percent. MR. RANDOLPH: So you are doing away with the minimum of 78 feet. THE MAYOR: Where the lots are already smaller. MP.. MARSH: If that's the county or state ordinance how can we -- THE MAYOR: It's not an ordinance, the county requested that the municipality -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 W MR. BRANDT: I called on that one time and I tried to find out what ordinance that was in the county and the answer I got back, that's our ordinance not the county's. THE MAYOR: That's what the county came down and requested all the municipalities to use. MS. WALLACE: Can we change it? THE MAYOR: Sure we can change it whatever way we want, but then there really wasn't much to worry about, two or three, six homes and a couple of others on the beach and that was it. MR. RANDOLPH: So it's either 78 feet or 25 percent, whichever is greater. MRS. ORTHWEIN: Either or -- MR. STAHL: Either or. MS. WALLACE: Because the ones on the west side of the property couldn't tolerate 78 feet, on the west side of Al A. MRS. ORTHWEIN: On the ocean 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 M side, was that different for the 25 percent? THE MAYOR: Well, do we have anything else? MRS. ORTHWEIN: Usually the oceanfront lots are so deep that 25 percent is a greater -- MS. WALLACE: With the coastal construction line it's going to make a big difference. MR. STAHL: No, it's not, you're not changing the property line you're still going to have -- the coastal construction line is merely telling you where on your property line you can situate it, but you are not changing the property line, which is where you measure your set -backs from. You can build on the coastal construction -- on the construction control line. You can build right up to that line. You don't have to have a set -back off of that line. MS. WALLACE: If you are giving 25 percent or 78 feet you are allowing 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 100 them to build up closer to the road. MR. STAHL: That is correct. MRS. ORTHWEIN: Twenty -five percent would push them back a lot farther than the 78 feet because you are measuring -- MR. RANDOLPH: You are guaranteeing these people on the east side of the road that they can go up to 78 feet, even if the 25 percent is a lot greater. MR. STAHL: Yes. MR. RANDOLPH: Okay, as long as I understand. MR. STAHL: John had gave Tom a letter dated 2, January and we had a very specific recommendation in there to get us out of the position of where we have to give variances every time we have a lot less than 25,000 square feet. I personally think it's a good suggestion. MR. RANDOLPH: Regarding your existing lots? 1 2 3 4 5 6 7 8 9 10 it 12 i 13 14 15 16 17 18 19 20 21 22 23 24 25 101 MR. STAHL: Right, existing building lots. And I would suggest that he work that into the ordinance. MS. WALLACE: I would agree, that's to protect the subdivision. MR. STAHL: No, it simply says today if you have a lot that is less than 20,000 square feet you have to come in here and get a variance to build on it. And this is simply recognizing that the people who do have existing lots that are less than 20,000 square feet do have the right to build on it without getting a variance, which I think really is what the town meant when the new code was put into effect. THE MAYOR: Right, buildable. MR. STAHL: We are never going to deny -- MR. RANDOLPH: And now you are putting in specific restrictions on those lots so that a person won't have to come in and get a variance, and you won't be massaging the lot -- 1 2 3 4 5 6 7 8 9 10 31 12 13 14 15 16 17 18 19 20 21 22 23 24 25 102 THE MAYOR: You are still going to have variances. All right. Now, do we have any other things we have to clean up in ordinances? I know what you are talking about trees. Is there anything else? MR. RANDOLPH: I think one thing that I would recommend while you are doing this, and that relates to the time on which a person has to act on a variance is currently six months in the zoning code. Some municipalities have changed that. They feel six months isn't a long enough period of time and want to change it to twelve months. The way it is right now the Commission can grant a longer time than that if it wishes or if it doesn't the person has to act on a variance within six months. We have had a problem which Rita has come across, whereby we haven't really been advising people by letter when their six months is up on a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 103 variance, and quite frankly in the past I don't think the Building Department has been necessarily keeping track and enforcing it. As long as the person is going through the process, and this sort of thing, they haven't penalized anybody by saying, hey, it's seven months past the date that you got your variance so we are going to change that. I think you need to give me some direction to change the ordinance, to address that situation, plus we need to decide how to handle those that are in the mill right now. For instance, I think there is one or two variances that have either lapsed or are close to lapsing, but the people didn't have any idea that they were lapsing and they got their site plan reviews maybe three or four months after they got their variance and they were in the works, doing all the work and now they are being told, hey, your six months is up, your 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 104 variance is up and you might have to come back before the council to get that. I think that's really only applicable to one or two right now. I need two directions from you. Number one, do you want me to look at that portion of the ordinance to see whether or not we should extend the six months or whether we should redefine when the six months begins or when the six months ends. And if you would like me to, I'll just come back with a suggestion as to how to handle that. It might not be tied building permit. You might say -- you might tie in the review with something else. THE MAYOR: Six months months after the final site into the just site plan or eight plan review? MR. STAHL: He is talking about from the time the variance is granted until something happens; is that not right? 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 105 MR. RANDOLPH: Yes, right now that's something that happens, it's tied into the building permit, so you either need to extend that time or if you don't think six months is long enough, or you don't tie it into the building permit, you tie the beginning of the work as having occurred when you come in for site plan review or something like that. What I would like to do is just come in with a suggestion on how to handle it. I'll either tell you to make the time longer or tie it into something other than a building permit. But in regard to those that do exist Rita needs some direction as to these, for instance, who have their site plan review approved and may have six months remaining from that time to come in and get their building permit. But because the way the ordinance is drawn, the six months from the date the variance was granted has lapsed and that only affects a couple of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 105 people. Right, Rita? MS. PAYLOR: Yes. MR. RANDOLPH: We need some direction. You can't vote on it today, but we would like the direction to be able to say to these people, look, if your site plan review was approved within the last six months then you can come in and get your building permit within six months of getting the granting of the site plan review, but otherwise it's going to die. MR. STAHL: Do we have in this category, do we have any instances where we have granted variances and no action has been taken by the owner of the property to build? MS. PAYLOR: No. MR. STAHL: No plans filed? MR. BRANDT: filed. MR. STAHL We have plans We do have plans filed in every case where a variance has been granted? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FiffeiN MR. BRANDT: In the most time when variances are granted there has been a site plan. MR. STAHL: I understand that, but we had at least one instance in the last year where we had nothing and we did a variance. MS. PAYLOR: Those plans are in now. There are three that have had their variances, and the site plan review held that the variance will not expire until April, so we have time to notify them, you know, that they have to comply. So we only have one where the variance has expired, but a site plan review was granted three months after the variance was granted, so therefore the plans are in but they have not been approved nor construction started. But that would be -- if you are carrying it from the date the variance was granted, rather than the date the site plan review was had. MR. STAHL: I think we still want 1 2 3 4 5 6 7 8 9 10 it 12 13 14 i 15 16 17 18 19 20 21 22 23 24 25 108 some control there. MR. RANDOLPH: I understand and we are indeed -- Rita is sending out letters to people now that have been granted variances and indicating to them when their variance is going to lapse so that they will be put on notice. She just needs direction particularly in regard to the cases that are pending, that she can go ahead and allow six months to lapse from the time the site plan review was granted. MR. STAHL: Well, under the existing ordinance, should that not a simple matter of coming to us at a council meeting and saying, we have this problem and can we -- MR. RANDOLPH: I think that's what we would do, since you can't take action today, we could do that at the next council meeting. THE MAYOR: Anything else? AN UNIDENTIFIED SPEAKER: You 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 109 know what would be nice, if from now on when we have something to discuss, to save time and also for a better discussion, if we had what the particular area of discussion is going to be and then the present ordinance next to it, and then why we are going to change that, what the improvement is going to be because a lot of times this gentleman is taking time looking things up -- THE MAYOR: Well, he gets paid for it. AN UNIDENTIFIED SPEAKER: It will save a lot of time. MR. FLANERY: We can do that. THE MAYOR: Your Planning Board when you have your things, you should have all that too, but that's right. THE MAYOR: Well we have the landmark -- excuse me, the landmark ordinance -- you forgot about the historical landmark. The landmark ordinance that was presented, did the Planning Board go 1 2 3 4 5 6 7 8 9 30 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 110 through that? MR. STAHL: They didn't have anything in their notes for us. THE MAYOR: They didn't even bring it up. MR. STAHL: I think the Planning Board ought to take a look at it. THE MAYOR: All right, that isn't ready to act on, so you make your recommendation. MR. STAHL: Can I make a comment? How many houses are on the Florida State list, how many structures in the town? AN UNIDENTIFIED SPEAKER: None that I know of. I don't think anything has been listed with the State of Florida. We have 16 properties that have been surveyed so far, and we have probably about ten more in the town that needs surveys. MR. STAHL: I'm specifically asking about a list that exists in 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 111 Tallahassee, and I think it was six or eight. It was mentioned in the gross management plan. I would hope as the Planning Board takes a look at this for us, if they would realize that we are a small community. We don't have a lot of people here year- round. To implement something like Palm Beach we need another group of people who are here year -round and are willing to serve. I don't think our problem is anywhere near the problem of Palm Beach in terms of historic preservation. I don't think we need a 15 page ordinance to put something in place to protect historic structures. And having said that, I look forward to your recommendations. THE MAYOR: If we are going to do that we have to have an ordinance in order to cover everything. MS. WALLACE: Can you address that, do you think this is something that we can do with fewer pages? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 112 MR. RANDOLPH: Well, I guess there are other ways of approaching it. I think the one thing that is probably being pointed out, this requires the appointment of a seven member board, which I guess the point is raised: Are you going to have enough people to appoint to a board to start legislating. MRS. ORTHWEIN: Qualified people. MR. STAHL: Qualified people. MR. RANDOLPH: Yes, and they ought to be people -- you should have people that know about landmarks, or at least if you don't you should have a consultant who can advise you. I suppose the Commission itself could act. I don't think that's necessarily the best idea. THE MAYOR: I don't either. There is no review then. MR. RANDOLPH: You would have the same type of standards to review and you would be acting as the landmark 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 113 commission. THE MAYOR: And also then the ultimate review -- MR. RANDOLPH: Well, you are right, you would skip the one step. You wouldn't have a board that is recommending to you, whereby you ratify as in this ordinance, you would be the ultimate authority. You would have a consultant who advises you and then you would make the determination as to whether or not it should or should not be -- THE MAYOR: And then the only appeal would be to the courts. MS. WALLACE: Could you do it with a smaller board, three, four, five member board? MR. RANDOLPH: Sure, you could. MR. MAYER: On these landmarks, these certain landmarks, does that in any way entail the fact that they can't sell the property? MR. RANDOLPH: No. MR. MAYER: Or they can't knock 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 114 it down? MR. RANDOLPH: It says they can't knock it down without getting a demolition permit, they would have to show that there is good cause for it to be knocked down. MR. MAYER: What I'm getting at is something might decide to tear it down. MR. RANDOLPH: What happens, once it's designated as a landmark, that's recorded in public records and when anybody goes to purchase it they see that it's a landmark and it's subject to the jurisdiction and control of the landmark commission, which means whenever they want to do any work on the house it requires a permit, and they're going to have to come before the Commission to get a certificate of appropriateness to determine whether it's in the keeping with the architectural significance of the house. That's one thing and that's not 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 115 an ominous thing. In most instances it's in keeping with the house, and a certificate of appropriateness is granted. I think where people object is where they have a house where the lot might be worth more than the house and it's landmarked, and because it's landmarked they're not able to tear it down and they have a problem with that. MR. MAYER: That's what I'm getting at. THE MAYOR: Are there any seats getting damaged, condemnation without compensation -- some of the cases, are there some cases on some of these landmarks? MR. RANDOLPH: Not that I'm aware. Mostly this type of ordinance that you have before you has been sustained on many occasions, but there have been a lot of seats. For instance, that the certificate of appropriateness states where a certificate of appropriateness 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is not granted and somebody has sued because you are being too arbitrary of capricious and that sort of thing. THE MAYOR: And those are the things that we've got to worry about or any community has to worry about when you take on an ordinance. MS. WALLACE: Not every house is going to be subject to landmark. THE MAYOR: You have to be very choosey what you put in. MS. WALLACE: That's right, they are not going to just take any house -- MRS. ORTHWEIN: The owners have to agree to it. MR. RANDOLPH: Not under this ordinance. THE MAYOR: That's the same. MR. RANDOLPH: You can landmark property under this ordinance without any agreement by the property owner. THE MAYOR: The owner at that point can fight in the courts too, right? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 117 MR. RANDOLPH: Yes. THE MAYOR: To keep it from being landmarked. MR. RANDOLPH: Yes. THE MAYOR: Of course there are two sides paying the bill when you go to court, the town as well as the owner. AN UNIDENTIFIED SPEAKER: I've talked to some of the people that live in these older home, Mr. Spears, the Larsons, they love their houses, and one of the results of the ordinance, when they sell the house, they sell the house not the lot. They sell the house and they sell it to someone who wants that house. And I think the people who own these houses feel a certain way about them and that's probably who they would like to sell it to. AN UNIDENTIFIED SPEAKER: But the problem there is, they are going to end up in the estate and you're going to have an estate settlement problem 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 118 and that's the famous lawsuit up in Palm Beach, that famous old house -- MR. RANDOLPH: That's didn't turn into a lawsuit. In that particular case the house was allowed to be demolished. But had that not happened, we were told that it might end up in litigation. AN UNIDENTIFIED SPEAKER: And the other thing I want to point out, this historical preservation ordinance is being adopted in town after town in Florida, and I think from the research that I have done -- one? MR. STAHL: Does Delray have AN UNIDENTIFIED SPEAKER: Yes. MR. STAHL: Can you get a copy of Delray Is? AN UNIDENTIFIED SPEAKER: Yes, it's much more extensive than Palm Beach. I did so a comparison that I would be happy to present to you. MR. STAHL: How about Boca, does Boca have one? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 119 AN UNIDENTIFIED SPEAKER: I'm sure they do. MR. RANDOLPH: They have a landmark commission in Boca. THE MAYOR: I know in the bank, in the trust department, we have some lawsuits that are threatening the trustees for the estate on some houses In Miami that the heirs don't want to -- AN UNIDENTIFIED SPEAKER: There is probably on residences. THE MAYOR: No, but they are problems. The problem is for the community to enforce it. I'm in favor of having the ordinance, but I'm just saying you don't go into anything like this without knowing you can end up with some problems. MRS. ORTHWEIN: Can you have the ordinance with owner's consent? MR. RANDOLPH: Yes. MRS. ORTHWEIN: Wouldn't that be more appropriate to have the owner's 1 2 3 4 5 6 7 8 9 30 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 120 consent to landmark historical houses? THE MAYOR: You people are going to study and come back with it, with your recommendations, but we should have one. Anything else? Have we forgotten anything else? MS. WALLACE: At our next meeting is Jim going to present us with an ordinance that we can read or are we going to discuss it? MR. RANDOLPH: Well, I'll try. When is the next meeting? THE MAYOR: Next Friday. MS. WALLACE: Next Friday. THE MAYOR: No, we're not going to have it. The Planning Board has to go through it first. MR. RANDOLPH: I'll attempt to come back with something. MS. WALLACE: So that if we approve it we can have a first meeting, or do we have to advertise it first? 1 2 3 4 5 6 7 8 9 10 11 12 121 MR. RANDOLPH: You can have a first meeting, then you have to have a quarter page ad in the newspaper and then afterwards you have a public hearing. I'll see what I can do. I'll see if I can get most of these incorporated. THE MAYOR: All right. Meeting is adjourned. (Thereupon, the meeting was adjourned at 10:50.) 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 122 CERTIFICATE State of Florida ) County of Palm Beach ) I, JUDIE SEECH, do hereby certify that the foregoing, is a true and correct transcription of my stenographic notes of proceedings had on February 2, 1990. I further certify that the said meeti was taken at the time and place specified hereinabove. WITNESS my hand and official seal in the City of West Palm Beach, County of Palm Beach, State of Florida, this day of February, 1990. JUDIE SEECH My Commission Expires: M