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HomeMy Public PortalAbout04/24/1990April 20, 1990 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan Armour COMMISSIONER: James E. Cross Lawrence Stahl Kathleen Wallace REGULAR MEETING AND PUBLIC HEARING OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA TO BE HELD ON TUESDAY, APRIL 24, 1990 AT 9:00 A.M. IN THE TOWN HALL OF GULF STREAM, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order II. Roll Call III. Minutes A. Regular Meeting & Public Hearing of March 9, 1990 B. Workshop Meeting of April 17, 1990 IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Reorganization A. Seating of 5 Commissioners B. Oaths of Office C. Election of Mayor D. Election of Vice Mayor E. Appointments 1. Legal Counsel 2. Town Manager 3. Finance Director 4. Town Clerk 5. Police Chief 6. Code Enforcement Officer VI. Announcements A. Proclamations 1. National Victims' Rights Week -April 22 thru April 28, 1990 2. Soil & Water Stewardship Week -April 29 thru May 6, 1990 3. Teacher Appreciation Week -May 6 thru May 12, 1990 VIII. PUBLIC HEARING A. Variances - Board of Adjustment 1. Action Deferred from March 9, 1990 Hearing a. Dr. William Chardack, 547 Golfview Dr. requesting a variance to permit installation of a satellite dish antenna which will encroach 11.5' into the required 22.5' side setback. The proposed installation would be at the address stated herein, the legal description of which is Lot 26, Gulfstream Cove Subdivision. APPLICATION WITHDRAWN BY DR. CHARDACK. b. James B. Orthwein, 330 Banyan Road, Gulf Stream, F1. requesting a variance to permit construction of a single family dwelling which will extend 13.5' into the required 23.25' side yard setback on the west side, said construction to take place on the property located on the northwest corner of Polo Dr. and Banyan Rd. 2. Curtis D. Meade, Agent for Sally Mills, 330 Old School Rd. requesting a variance to permit alteration of a non - conformin structure by addition of bay window and closet projection that would encroach 5.6' into the required 19.4' side yard setback and by enclosing an existing open, roofed porch which encroaches 10.3' into the required 19.5' rear yard setback at the address aforementioned. 3. James B. Orthwein, 330 Banyan Rd. requesting a variance to permit the garage doors of a proposed single family dwelling structure, to be constructed on a corner lot, to face the side street. The location of the proposed construction is on the northwest corner of Polo Drive and Banyan Road. Regular Meeting & Public Hearing April 24, 1990 page 2 TOWN COMMISSION, TOWN OF GULF STREAM, FL. 33483 AGENDA CONTINUED VIII. PUBLIC HEARING (Continued) A. Variances - Board of Adjustment (Continued) 4. Digby Bridges & Associates, Agents for W. T. Young, P. O. Box 1110, Lexington, Ky. requesting a variance to permit the modification of the floor plan of a proposed single family dwelling by the addition of a den /study which will encroach 614" into the required 22' side yard setback at 2411 N. Ocean Blvd., Gulf Stream, F1. 5. Jean B. Gross, Agent for Mary B. Bromwell, 3023 Polo Dr. requesting a variance to permit the addition of a garage which would encroach 16.38' into the required 41.38' front yard setback of a corner, side yard and to permit the garage doors to face Polo Dr. at the address aforementioned. B. Special Exceptions 1. Action Deferred from March 9, 1990 Hearing Slate Construction Management, Inc., 1101 S. Rogers Circle, Suite 1, Boca Raton, F1. 33487 requesting permission to place a construction trailer on the construction site at 3111 N. Ocean Blvd., owned by William Wooley, which would be located approximately 72' from the front property line and approximately 4' from the north side property line at the address aforementioned. C. Resolution Number 90 -2 Resolution of the Town of Gulf Stream, Florida, pursuant to Chapter 163.3161, et seq., Florida Statutes, approving a Settlement Agreement between the Town of Gulf Stream and the State of Florida Department of Community Affairs; directing the Town Manager to conduct the requisite- measures to effectuate the terms of the Settlement Agreement. IX. Site Plan Review A. Action Deferred from March 9, 1990 Hearing 1. Dr. William Chardack, 547 Golfview Drive, Gulf Stream, F1.- Installation of a satellite dish antenna. APPLICATION WITHDRAWN BY APPLICANT 2. James B. Orthwein- Construction of a single family dwelling on the northwest corner of Polo Drive and Banyan Road. 3. Slate Construction Management, Inc. - Placement of a construct- ion trailer at 3111 N. Ocean Blvd. B. Curtis D. Meade, Agent for Sally Mills, 330 Old School Rd., Gulf Stream, F1.- Addition of a bay window and closet, enclosure of an open, roofed porch and installation of a spa. C. Digby Bridges & Associates, Agents for W. T. Young, P. O. Box 111 Lexington, Ky.- Modification of a previously approved site plan for a proposed single family dwelling to permit addition of a den /study, construction of which will be located at 2411 N. Ocean Blvd., Gulf Stream, F1. D. Jean B. Gross, Agent for Mary B. Bromwell, 3023 Polo Drive, Gulf Stream, F1. 33483- Addition to an existing dwelling that will include a garage and the installation of a swimming pool. E. C. B. Kappen, Chairman of Building Committee as Agent for The Little Club, Inc., 100 Little Club Road, Gulf Stream, Florida 33483- Addition and Alterations to the existing Clubhouse. X. Reports A. Town Manager 1. Local Census 2. Water Usage 3. Signs on Intracoastal Waterway 4. Town Manager Absence in June B. Town Attorney C. Planning Board D. Planning Consultants E. Financial Director F. Police Department G. Construction in Progress H. Public Works Regular Meeting & Public Hearing April 24, 1990 page 3 TOWN COMMISSION, TOWN OF GULF STREAM, FL. 33483 AGENDA CONTINUED XI. Items for Commission Action A. Proposed Interlocal Agreement for Municipal Recycling between Solid Waste Authority and Town of Gulf Stream B. Request for Town to share cost for purchase of a "Jaws of Life" unit -Town of Ocean Ridge. C. Proposals for preparation of Land Development Regulations D. Selection of date for Workshop RE: Landmark Preservation & Architectural Review E. Ordinance 90/1; An amendment to various sections of the zoning code to establish regulations for lots of less than 20,000 sq. ft., maximum lot coverage, minimum landscaped percentage, and to provide that variances expire within 12 months from grant. ( 1st reading) F. Proposed Agreements for sewer improvements -G.S. Homeowners Imprv. XII. Correspondence A. Requesting permission to repave public portion of roadway into Hidden Harbour Estates and that Town contribute to the cost - Hidden Harbour Estates Subdivision Central Committee B. Resolution 370 Requesting support for continuation of the Solid Waste Authority as an independent special district -Town of Palm Beach Shores C. Resolution 18 -90 Objecting to Palm Beach County Proposed Repeal of Ordinance #72 -8 which currently provides funding by Palm Beach County to Municipalities for School Crossing Guards- City of Lake Worth XIII. Public XIV. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION OR THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT A REGULAR MEETING OR PUBLIC HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105,F.S.S N REGULAR MEETING AND PUBLIC HEARING OF THE TOWN COMMISSION /BOARD OF ADJUSTMENT OF THE TOWN OF GULF STREAM, FLORIDA HELD IN THE TOWN HALL ON TUESDAY, APRIL 24, 1990 AT 9:00 A.M. I. The meeting was called to order at 9:00 A.M. by the Hon. William F. Koch, Jr., Mayor. II. Roll Call Present: William F. Koch, Jr. Alan I. Armour James E. Cross Lawrence E. Stahl Kathleen S. Wallace Also Present: John Randolph Franklin Flannery Richard Brandt William Gwynn Jack Buchan William Mayer Terry Clark III. Minutes Mayor Commissioner Commissioner Commissioner Commissioner Town Attorney Town Manager Code Enforcement Officer Finance Director Police Captain Chairman /Planning Board Resource Engineering & Planning Mayor Koch inquired if there were any corrections to the minutes of the Regular Meeting /Public Hearing of March 9, 1990. Commissioner Stahl pointed out that on page 5, second paragraph under D.1., reference was made to a new zoning classification for Conservation when in fact the reference was to two new classifications, Conservation and Public Use. Commissioner Cross moved that the minutes be approved as amended and Commissioner Armour seconded the motion. All voted AYE. Mayor Koch then inquired if there were any corrections to the minutes of the Workshop meeting of April 17, 1990. Commissioner Armour asked that a correction be made on page 2. He asked that the reference to prohibiting two kitchens in a single family dwelling be deleted and replaced with his question as to whether the Town Code had a definition of a "single family dwelling" to prevent subsequent conversion to a duplex dwelling. Commissioner Cross moved and Commissioner Armour seconded that the minutes be approved as amended and all voted AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items. Town Manager Flannery advised he had been requested to withdraw item XI.A,the proposed Solid Waste Agreement but added that it would need to be considered and adopted prior to being able to start the recycling program. �) Mr. Flannery further requested that item XI.C., Proposals for preparation of Land Development Regulations, be considered immediately following item V. due to the fact that Mr. Terry Clark of Resource Engineering /Planning was present and has a prior commitment. There were no objections. V. Reorganization The Town Clerk announced that due to the fact that only one person had qualified as a candidate for each vacancy, it was not necessary to hold an election as the Statutes provide that each is assumed to have voted for himself and would thus be elected. She further stated that each who had qualified was an incumbent. Town Commission Meeting Minutes of April 24, 1990 page -2- A. Seating of 5 Commissioners Commissioner Cross moved and Commissioner Stahl seconded that Alan Armour, James Cross, William Koch, Jr., Lawrence Stahl and Kathleen Wallace be seated as Town Commissioners for a three (3) year term each. All voted AYE. B. Oaths of Office Town Clerk Taylor administered the oath of office to the five Commissioners. C. Election of Mayor Commissioner Armour moved and Commissioner Stahl seconded that William F. Koch, Jr. be elected Mayor. There were no other nominations and all voted AYE. D. Election of Vice Mayor Commissioner Cross moved that Alan I. Armour be elected Vice Mayor. The motion was seconded by Commissioner Stahl. There were no other nominations and all voted AYE. E. Appointments 1. Legal Counsel Commissioner Armour moved and Commissioner Wallace seconded that the firm of Jones, Foster, Johnston & Stubbs, represented by John Randolph be reappointed as the Town's Counsel and all voted AYE. 2. Town Manager Commissioner Cross moved that Franklin Flannery be re- appointed as Acting Town Manager. The motion was seconded by Commissioner Stahl and all voted AYE. 3. Finance Director Commissioner Armour moved and Commission Stahl seconded that William Gwynn be reappointed as Finance Director and all voted AYE. 4. Town Clerk Commissioner Cross moved and Commissioner Armour seconded that Rita Taylor be reappointed Town Clerk and all voted AYE. 5. Police Chief Commissioner Cross moved and Commissioner Armour seconded the motion that Franklin Flannery be reappointed Police Chief. All voted AYE. 6. Code Enforcement Officer Commissioner Armour moved and Commissioner Wallace seconded that Richard Brandt be reappointed Code Enforcement Officer and all voted AYE. XI.C. Proposals for preparation of Land Development Re ulations Mr. Terry Clark, Resource Engineering & Planning, was recogniz ed and presented a verbal proposal making reference to the items that had been listed as needed in his letter of December 11, 1989. He advised that the regulations creating zoning districts for Public Facilities & Conservation had been completed as well as the concurrency management system and the wellfield protection ordinance. He reminded that this had been covered by the $10,000 grant from the State of Florida and that all that remains to be done regarding these is for the Town Attorney to prepare the necessary ordinance for adoption. Town Commission Meeting Minutes of April 24, 1990 page -4- VIII. PUBLIC HEARING A. Variances 1. Action Deferred from March 9, 1990 Hearing. a. Dr. William Chardack, 547 Golfview Dr. requesting a variance to permit installation of a satellite dish antenna which will encroach 11.5' into the required 22.5' side setback. The proposed installation would be O at the address stated, the legal description of which is Lot 26, Gulfstream Cove Subdivision. A letter from Dr. Chardack was presented wherein it was stated that Dr. Chardack was withdrawing the request. b. James B. Orthwein, 330 Banyan Road, Gulf Stream, F1. requesting a variance to permit construction of a single family dwelling which will extend 13.5' into the required 2B.25' side yard setback on the west side, said construction to take place on the property located on the northwest corner of Polo Dr. and Banyan Road. Mr. William Mayer, Chairman of the Planning Board advised that subsequent to the recommendation being made by the Planning Board with regard to Mr. Orthwein's request, Mr. Orthwein had submitted a new site plan, moving the structure farther to the east, thus eliminating the need for the variance requested. 2. Curtis D. Meade, Agent for Sally Mills, 330 Old School Rd. requesting a variance to permit alteration of a non- conform- ing structure by addition of a bay window and closet projection that would encroach 5.6' into the required 19.4' side yard setback and by enclosing an existing open, roofed porch which encroaches 10.3' into the required 19.5' rear yard setback at the address aforementioned. Chairman Mayer advised that the Planning Board has recommended that the variance requested by Curtis D. Meade be granted as requested. No objections were received. Commissioner Armour moved and Commissioner Cross seconded that the variance be granted as requested and all voted AYE. 3. James B. Orthwein, 330 Banyan Rd. requesting a variance to permit the garage doors of a proposed single family dwelling structure, to be constructed on a corner lot, to face the side street. The location of the proposed construction,on the northwest corner of Polo Dr. & Banyan Rd. Mayor Koch passed the gavel to Vice Mayor Alan I. Armour and went on to declare that he has a conflict in that his firm had been involved in the sale of the property under development. Mr. Mayer stated that even tho the original site plan had been altered, the garage doors would still be facing a street since this is a corner lot which will require a variance. Mr. Brandt, Code Enforcement officer, called attention to the fact that in the new site plan, the width of the driveway has been reduced from 32' to 16' which will permit additional landscaping to screen a greater portion of the garage doors. Commissioner Cross moved the variance be granted as requested based on the new site plan, seconded by Commissioner Wallace. Roll Call: Commissioner Cross, AYE; Commissioner Stahl, AYE; Commissioner Wallace, AYE; Vice Mayor Armour, AYE. Vice Mayor Armour returned the gavel to Mayor Koch. Town Commission Meeting Minutes of April 24, 1990 page -3- Mr. Clark advised that the following subjects were already covered in the existing codes: Traffic Flow, Landscape, Beach Protection. He further advised that the following subjects could be covered by adopting by reference, existing county wide ordinances: Protection of environmentally sensitive lands, Impact Fees, and Protected Species. Mayor Koch stated that after reviewing these, the Town may want to.:alter some provisions. Mr. Clark assured that this would be possible. Mr. Clark stated that some of the existing ordinances of the Town would need revision to cover the following items:Revision to Site Plan /Subdivision Requirements, Marina Development, and Intracoastal Water Way Dumping. New ordinances would be needed to cover the following: Recreation, Shoreline Stabilization and Historical Preservation. The maximum cost for the above would be $10,350.00 which includes represent- ation at one meeting. It was noted that it would still be necessary for the Town Attorney to review each prior to adoption and make any necessary revisions to the product. Mr. Clark advised that billing would be on a monthly basis for the percentage of the contract completed and that invoices are payable within 30 days of billing. He felt they could be completed within three months. Mr. Clark, when ask if the fee would cover the necessary advertising, replied that it would. Mr. Clark added that the item of an ordinance to cover PUD, Mixed Development and Planned Communities had not been included as it was felt that the Comprehensive Plan should be amended to eliminate the need for an ordinance. The written proposal submitted by Jones, Foster, Johnston & Stubbs was reviewed. It was noted that all of the required items were covered in the proposal and that the fee of $13,750.00 covered legal review and advertising as well as the preparation, in ordinance form, the three draft regulations already completed by Resource Engineering and Planning. The Commissioners agreed that the fees on both proposals were comparable and both firms have worked with the Town on the Planning Process. Commis- sioner Armour commented that he favored the checks and balances that would occur at having Resource Planning prepare the ordinances and having Jones, Foster, Johnston & Stubbs do the legal review. Commissioner Cross favored the suggestion and moved to contract with Resourse Engineering & Planning for the work outlined in Mr. Clark's verbal proposal with legal review to be done by Mr. Randolph's firm. The motion was seconded by Commissioner Wallace. Roll Call: Commissioner Cross, AYE; Commissioner Armour, AYE; Commissioner Stahl, AYE; Commissioner Wallace, AYE; Mayor Koch, NAY. 1 �i Commissioner Stahl moved and Commission Armour seconded that the Town Attorney be authorized to prepare in ordinance form, the three items of Land Development Regulations already prepard in draft by Resources Engineering & Planning. All voted AYE. VI. Announcements Proclamations naming April 22 thru April 28, 1990 as National Victims' Rights Week, April 29 thru May 6, 1990 as Soil & Water Stewardship Week, and May 6 thru May 12, 1990 as Teacher Appreciation Week were presented. Commissioner Armour moved that they be executed, seconded by Commissioner Stahl and all voted AYE. Town Commission Meeting Minutes of April 24, 1990 page -5- 4. Digby Bridges & Associates, Agents for W. T. Young, P.O. Box 1110, Lexington, Ky. requesting a variance to permit the modification of the floor plan of a proposed single family dwelling by the addition of a den /study which will encroach 614" into the required 22' side yard setback at 2411 N. Ocean Blvd., Gulf Stream, F1. Mr. Mayer advised that this variance request involves the south setback which is adjacent to the Gulf Stream Club parking lot and his Planning Board Ohad recommended that the variance be granted as requested provided that a letter of "No objection" was on file. Commissioner Cross advised he had been contacted regarding the letter and assured that the Gulf Stream Club has no objection to the granting of this variance. Commissioner Armour moved and Commissioner Stahl seconded that the variance be granted as requested and recommended by the Planning Board with the letter to follow. All voted AYE. 5. Jean B. Gross, Agent for Mary B. Bromwell, 3023 Polo Dr. requesting a variance to permit the addition of a garage which would encroach 16.38' into the required 41.38' front yard setback of a corner, side yard and to permit the garage doors to face Polo Dr. at the address aforementioned. Mr. Mayer advised that the property is situated on a corner lot and that there is only one dwelling that would be impacted with the proposed addition. He added that there had been no objections received and the Planning Board recommended that the variance be granted as requested. Commissioner Stahl commented that there had been a previous variance request on the agenda for garage doors to face the street and the width of the driveway had been reduced to lessen the impact. He asked Mrs. Gross if she would be willing to reduce the width to 16'. She replied that she would be happy to do so. In addition, Commissioner Stahl noted that the landscape design did not show any hedge plantings on the west side and he suggested that a hedge be planted on the west side up to the edge of the driveway. Mrs. Gross advised that she fully intended to do this and the plan would be upgraded to show it. Commissioner Stahl moved that the variances requested be granted provided the driveway was reduced to 16' in width and hedges planted on the west side up to the edge of the driveway. The motion was seconded by Commissioner Armour and all voted AYE. B. Special Exceptions 1. Action Deferred from March 9, 1990 Hearing Slate Construction Management, Inc. 1101 S. Rogers Circle, Suite 1, Boca Raton, F1. 33487 requesting permission to place a construction trailer on the construction site at 3111 N. Ocean Blvd., owned by William Wooley, which would be located approximately 72' from the front property line and approximately 4' from the north side property line at the address aforementioned. Mayor Koch passed the gavel to Vice Mayor Armour, declaring a conflict in tha his firm handled the sale of the property. Chairman Mayer stated that the Planning Board recommended that the placement of the trailer be permitted. Mr. Brandt advised that there had been no objections. Commissioner Stahl moved and Commissioner Wallace seconded that the trailer be permitted to be placed in the location requested and the roll call was: Commissioner Cross, AYE; Commissioner Stahl, AYE; Commissioner Wallace, AYE; Vice Mayor Armour, AYE. Vice-Mayor Armour returned the gavel to Mayor Koch. 'town commission Meeting Minutes of April 24, 1990 page -6- C. Resolution 90 -2 Approving the Proposed Amendments to the Comprehensive Plan of the Town of Gulf Stream,Authorizing the Signing of the Stipulated Settlement Agreement Between The State of Florida Department of Community Affairs and the Town of Gulf Stream and Authorizing the Town Manager to Undertake the Necessary Measures to Effectuate the Terms of the Settlement. Agreement. Resolution 90 -2 was read by title by Attorney Randolph. Commissioner Armour Omoved and Commissioner Cross seconded that the Resolution 90 -2 be adopted. Roll Call: Commissioner Armour, AYE; Commissioner Cross, AYE; Commissioner Stahl, AYE; Commissioner Wallace, AYE; Mayor Koch, AYE. ix. Site Plan Review A. Action Deferred from March 9, 1990 Hearing 1. Dr. William Chardack, 547 Golfview Drive, Gulf Stream, Fl.- installation of a satellite dish antenna. A letter from Dr. Chardack withdrawing his application was made a part of the record. Mayor Koch passed the gavel to Vice Mayor Armour declaring that he has a conflict in connection with the next two items on the agenda in that his firm was involved with the sale of both of the properties . 2. James B. Orthwein- Construction of a single family dwelling on the northwest corner of Polo Drive and Banyan Road. Chairman Mayer called attention to the fact that the site plan being considered is a recent plan that had not been reviewed by the Planning Board. He explained that it was submitted to show the relocation of the dwelling in order that no setback variance would be needed. He also noted that the revised site plan also includes the location of a dock and dolphins. The members of the Commission noted that the dock is located 15' from the lot lines that meet the Intracoastal the total distance between being 50' and that the placement of the dolphins is inside the extension of the lot lines. Commissioner Cross moved that the site plan be approved as presented with the driveway showing 16' in width. Commissioner Wallace seconded the motion and roll call was: Commissioner Cross, AYE; Commissioner Stahl, AYE; Commissioner Wallace, AYE; Vice Mayor Armour, AYE; 3. Slate Construction Management, Inc. - Placement of a Construction trailer at 3111 N. Ocean Blvd. Chairman Mayer advised the Planning Board recommended approval for a trailer to be placed as requested. Commissioner Cross moved and Commissioner Stahl seconded that approval be given as requested. Roll Call: Commissioner Cross, AYE; Commissioner Stahl, AYE; Commissioner Wallace, AYE; Vice Mayor Armour, AYE. Vice Mayor Armour returned the gavel to Mayor Koch. Town Commission Meeting Minutes of April 24, 1990 page -7- B. Curtis D. Meade, Agent for Sally Mills, 330 Old School Road, Gulf Stream, F1.- Addition of a bay window and closet, enclosure of an open, roofed porch and installation of a spa. The Planning Board recommended approval of the site plan as submitted as reported by Chairman Mayer. Commissioner Cross moved approval as submitted, seconded by Commissioner Armour and all voted AYE. C. Digby Bridges & Associates, Agents for W. T. Young, P. 0. Box C 1110, Lexington, Ky.- Modification of a previously approved site plan for a proposed single family dwelling to permit addition of a den /study, construction of which will be located at 2411 N. Ocean Blvd., Gulf Stream, F1. 33483. Chairman Mayer stated that the Planning Board recommended approval of the site plan as modified and presented. Commissioner Stahl moved and Commis- sioner Armour seconded that the modified plan be approved as requested and all voted AYE. D. Jean B. Gross, Agent for Mary B. Bromwell, 3023 Polo Drive, Gulf Stream, F1. 33483- Addition to an existing dwelling that will include a garage and the installation of a swimming pool. Mr. Mayer reported that the Planning Board recommended approval as requested. Commissioner Armour moved and Commissioner Wallace seconded that the site plan be approved subject to changes dictated with the granting of the variance request. All voted AYE. E. C.B. Kappen, Chairman of Building Committee as Agent for The Little Club, Inc., 100 Little Club Road, Gulf Stream, F1. 33483 - Addition and Alterations to the existing Clubhouse. Chairman Mayor advised that the Planning Board recommended that the site plan be approved as presented. Commissioner Cross moved and Commissioner Stahl seconded that the site plan be approved as presented and all voted AYE. X. Reports A. Town Manager 1. Local Census 2. Water Usage Town Manager advised he would cover items one and two together since they are related. He stated that the local census conducted by the Gulf Stream Police Department has determined that the current population is 930 persons. He added that he is quite certain that the U.S. Census will not support �1 this but the fact is that the 930 figure must be considered when computing the per capita water consumption. Mr. Flannery stated that the amount of water used in March exceeded that used in February by 10% and that a comparision to a like period in 1989 indicated that the usage is down by 2.4 %. There were several suggestions as to what might be done to to reduce water usage some of which were to increase rates when usage exceeded a certain level; providing each consumer with a comparison of what was previously used with each billing; include certain pages from the stipula- tion with DCA with the billings to impress on residents what the Town must achieve; include letters to residents to caution about over watering while they are not in residence. Mayor Koch pointed out that the Town Manager will be establishing a program to reduce consumption along the guidelines stipulated to and he suggested that nothing be done until that is prepared and reviewed. Town Commission Meeting Minutes of April 24, 1990 page -8- X. Reports Continued A. Town Manager continued 3. Signs on Intracoastal Waterway Town Manager Flannery advised that as soon as the State has adopted the restrictions regarding speed and wake action that have been recommended for the Intracoastal Waterway, signs will be installed by the State. CAny signs erected by any other person or agency will not be enforced and will in fact be removed. 4. Town Manager absence in June Mr. Flannery advised that the date of the regularly scheduled June meeting is June 8, 1990. He questioned if it would be possible to change the date in order that he might attend the wedding of a relative out of town. One of the Commissioners thought a conflict might also exist with some of their plans. The Manager was directed to contact each Commissioner at a later time when they have their personal calendars and attempt to arrive at a mutually acceptable date. Mr. Flannery added that he would be furnishing the Commission with some cost comparisions with regard to trash pickup. He stated he had contacted County Sanitation with regard to their picking up the trash and he will have a comparision of their cost to the expense of operating our own service. B. Town Attorney Mr. Randolph advised that the Ordinance for amending the zoning code was on the agenda under items for commission action. C. Planning Board There was no report from the Planning Board other than what had been given in relation to recommendations regarding variances and site plan reviews. D. Planning Consultants Resource Engineering and Planning appeared earlier on the agenda. E. Financial Director Mr. Gwynn pointed out that the year to date 6 month comparision shows the net revenue at $237,000 and it appears that we are closing the gap with the deficit being reduced to $68,000.00. He also pointed out that the revenue is $17,000 over what was budgeted. He stated that the cash projection indicates we are at the point we expected to be and that we should have cash to carry thru October /November at which time the tax revenues will start coming in. Commissioner Stahl noted that while all of what Mr. Gwynn says is true, the Town is still $26,000 over the budgeted expenditures. Commissioner Wallace questioned the reasons for the revenue from fines being up so much over what was budgeted. Mr. Flannery answered that he nas put some people to work ". Commissioner Armour moved to approve the financial report, seconded by Commissioner Wallace and all voted AYE. F. Police Report Captain Buchan gave a brief report on police activities. Town Commission Meeting Minutes of April 24, 1990 page -9- X. Reports Continued G. Construction in Progress The report included with the agenda package indicates the construction in progress during March, 1990 to total $5,500,903.00. H. Public Works A report on the activities of the Public Works Department was included in the agenda material and there were no questions. XI. Items for Commission Action A. Proposed Interlocal Agreement for Municipal Recycling This item was withdrawn from the agenda B. Request for Town to share cost for purchase of a "Jaws of Life Unit" -Town of Ocean Ridge No action was taken. It was noted that purchase of equipment in the past has been covered thru the fire contract. More information was requested. C. Proposals for preparation of Land Development Regulations. This item handled earlier on the agenda. D. Selection of date for Workshop RE: Landmark Preservation & Architectural Review Mrs. Krolik was asked by Mayor Koch what date was being requested. She advised that if possible, May 9, 1990 at 9:00 A.M. She also suggested that perhaps an alternate date should also be offered and suggested May 7, 1990 at 9:00 A.M. Mayor Koch directed the staff to contact the Commissioners regarding this date at the same time they are arranging the June meeting date. It was also noted that Commissioner Stahl would be unable to attend the May 11th meeting and that perhaps that could also be rescheduled. Town Manager Flannery stated that the staff would be contacting the Commis- sioners to resolve the rescheduling for most of the summer. E. Ordinance 90/1; An amendment to various sectionsof the zoning code to establish regulations for lots of less than 20,000 sq. ft., maximum lot coverage, minimum landscaped percentage, and to provide that variances expire within 12 months from granting. Content of the Ordinance was discussed and it was agreed that certain definations be expanded, one of which was that of a flat roof. Commissioner Armour noted that in the past it had been decided that during the process of zoning code amendments, there should be included a provision to prevent single family dwellings from being converted to duplex dwellings. Attorney Randolph also remembered this and advised that this is usually handled by prohibiting a second kitchen and prohibiting any kitchens in guest houses. Commissioner Armour moved and Commissioner Stahl seconded that Ordinance 90/1 be placed on 1st reading with the amendments that had been addressed which would include provisions to prohibit conversions to duplex dwellings. The motion was seconded by Commissioner Stahl and all voted AYE. Attorney Randolph advised that this ordinance will need 2 public hearings and 2 quarter page newspaper ads. Town Commission Meeting Minutes of April 24, 1990 page -10- XI. Items for Commission Action Continued F. Proposed Agreements for sewer improvements -Gulf Stream Homeowners Improvement Association Attnorney Randolph stated that he had reviewed the agreements between the Homeowners and Boynton Beach and the Little Club and Boynton Beach and saw no problems with them. He also had reviewed a document with the Otechnical information regarding the system detailed. Mayor Koch advised that the City of Boynton Beach is requiring some approvals from the Town of Gulf Stream regarding this project and asked Attorney Federspiel, representing the Little Club, to explain the request. Attorney Federspiel stated that Boynton Beach is requiring that a letter from the Town of Gulf Stream to the City of Boynton Beach stating that the Town of Gulf Stream has no objection to the City of Boynton Beach providing sewage services in the Town of Gulf Stream be provided. Commissioner Stahl questioned if there would be an agreement between the Town and the Homeowners Association with regard to the Association being responsible for maintenance of system etc. Mr. Charles Hallock, representing the Homeowners Assn. stated that a document is being prepared that will enable the Association to utilize rights -of -way for the installation. Attorney Randolph stated this would be an Easement Grant that would insure that any damage caused by the installation would be taken care of by the Association.. Mr. Hallock advised that the Little Club would like to begin construction by May 1, 1990. After they have completed their construction, that of the Homeowners will begin. He hopes to Begin July 1, 1990 and hopes to be completed by October 1, 1990. Commissioner Armour moved that In reference to the agreement between the Homeowners Association and the City of Boynton Beach in the matter of providing sewage facilities, the Town of Gulf Stream has considered same and has no objection, and that a letter stating this be sent to the City of Boynton Beach.The motion was seconded by Commissioner Stahl and all voted AYE. XII. Correspondence A. Request for permission to repave public portion of roadway into Hidden Harbour Estates and that Town contribute to the cost. - Hidden Harbour Estates Subdivision Central Committee. It was pointed out that theTown had not budgeted for any improvements in this area. The staff was directed to send a letter to Hidden Harbour Committee stating that the Town has no objection to the repaving of street but that the Town is not in a position to participate. B. Resolution 370; Town of Palm Beach Shores It was noted that the Town had already considered the matter of the continu- ation of the Solid Waste Authority. Town Commission Meeting Minutes of April 24, 1990 page -11- XII. Correspondence Continued C. Resolution 18 -90; City of Lake Worth The matter of Palm Beach County discontinuing the funding of School Crossing Guards to Municipalities had been considered at an earlier meeting. XIII. Public OMr. Charles Winston representing the Civic Association was recognized and reported that the petition for good government that had been furnished to the Civic Association by Commissioner Stahl had been distributed and that at this time there has been a 25% return, and there have been contributions in the amount of $7,945.00 to help fund getting the matter of a maximum tax increase limited to 3% or the cost of living, whichever is lower, on the State Ballot. Commissioner Armour advised that he had collected approximately 50 of these petitions a few months previously which would increase the percentage of return. Mr. Winston further advised that 8% of registered votes in Fla. must petition to get the matter on the ballot and he was pleased that Gulf Stream exceeded that. XIV. Adjournment Mayor Koch adjourned the meeting at noon. Attest: T wn Clerk Mayor Commissioner Commissioner Commissioner Commissioner PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Commission, sitting as the Board of Adjustment, of the Town of Gulf Stream will hold a Public Hearing on Tuesday, April 24, 1990 at 9:00 A.M. in the Commission Chambers at the Town Hall, Gulf Stream, F1. at which the following will be considered: 1. An application submitted by Curtis D. Meade, Agent for Sally Mills, 330 Old School Road, Gulf Stream, Florida 33483 requesting a variance from the provisions of the following: Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section VII.; "RS" RESIDENTIAL SINGLE - FAMILY DISTRICT, Sub SCCLion K.; Side Yard Required, Paragraph 1, and Sub Section L; Rear Yard Required,Paragraph 1. Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section XI; NON - CONFORMING USES, Sub Section A, Paragraph 3.; Alterations. to Dermit the alteration of a non - conforming structure by the addition of bay window and closet projection that would encroach five and six tenths (5.6) feet into the required nineteen and four tenths (19.4) foot side yard setback and by enclosing an existing open, roofed porch which encroaches ten and three tenths (10.3) feet into the required nineteen and one half (19.5) foot rear yard setback at the address aforementioned, the legal description of which is Lot 4, Block 2, Plat No. 1,Polo Fields Subdivision. 2. An application submitted by James B. Orthwein, 330 Banyan Road, Gulf Stream, Florida 33483 requesting a variance from the provisions of the following: Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section X; GENERAL PROVISIONS, Sub Section F; Garages, Storage Facilities, Etc., Paragraph 2. to permit the garage doors of a proposed single family dwelling structure,to be constructed on a corner lot,to face the side street. The location of the proposed construction is on the north west corner of Polo Drive and Banyan Road which is legally described as Lot 5, Block 3, Polo Fields, Plat No.l 3. An application submitted by Digby Bridges, Agent for W. T. Young, P. O. Box 1110, Lexington, Ky. requesting a variance from the provisions of the following: Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE,Section VII.; "RS" RESIDENTIAL SINGLE - FAMILY DISTRICT, Sub Section K.; Side Yard Required, Paragraph 1. to permit the modification of the floor plan of a proposed single family dwelling by the addition of a den /study which will encroach six (6) feet four (4)inches into the required twenty two (22) foot side yard setback at 2411 N. Ocean Blvd., Gulf Stream, F1. which is legally described in metes and bounds in Government Lot 3, Section 3, Township 46 South, Range 43 East, Palm Beach County. 4. An application submitted by Jean B. Gross, Agent for Mary B. Bromwell, 3023 Polo Drive, Gulf Stream, F1.33483 requesting a variance from the provisions of the following: Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section VII; "RS" RESIDENTIAL SINGLE - FAMILY DISTRICT, Sub Section J; Front Yard Required, Paragraph 1. Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section X; GENERAL PROVISIONS, Sub Section F; Garages, Storage Facilities, Etc., Paragraph 2. to permit the addition of a garage which would encroach sixteen point thirty eight (16.38) feet into the required forty one point thirty eight (41.38) foot front yard setback of a corner, side yard and to permit the garage doors to face Polo Drive at the address aforementioned which is legally described as Lot 10, Replat of Part of Gulf Stream Properties. ALL PERSONS INTERESTED in these matters may appear before the Board of Adjustment of the Town of Gulf Stream at the time and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS PUBLIC HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: March 29, 1990 Publish: Palm Beach Post -Times 1st Publication: April 11, 1990 2nd Publication: April 19, 1990 TOWN OF GULF STREAM, FLORIDA Rita L. Taylo , Town Clerk THIS NOTICE IS PUBLISHED PURSUANT TO THE TOWN OF GULF STREAM CODE OF LAWS AND ORDINANCES AND IS POSTED AT THE GULF STREAM TOWN HALL IN A CONSPICUOUS LOCATION OUTSIDE THE FRONT DOOR. THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Chris Bull who on oath says that she/he is Class. Sales , Mgr. of The Palm Beach Post, a daily and Sunday newspaper published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising, being a _ Notice in the matter of public hearing in the Court, was published in said newspaper in the issues of April 11, 19, 1990 Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and aft ant further says that she/be has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 19 day of April�v / /A�{ A.D. 19 90 ��� MY CGKM1'tiKN ERP.poV- 15.1992 BM-1) nv i Ce _: vkL IM. LW, NO. 261723 PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Commission, silting as the Board of Adjustment, of the Town of Gull Stream will hold a Public Hearing on Tues. day. April 24, 1990 at 9:00 A.M. In the Commission Cham. bers at the Town Hall, Gull Stream, Fl. at which the fol- lowing will be considered: 1. An application submitted by Curtis 0. ahead., Agent far Sally Mills, 330 Old School Road, Gulf Stream, Florida 33483 requesting a variance from the Provisions of the Pal - Iowing: Ordinance 83 -1; ZON- ING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section VIL; "RS" RESIDENTIAL SIN. GLE- FAMILY DISTRICT, Sub Section K.; Side Yard Re- mulred, Paragrph 1, and Sub Section L; Rear Yard Required, Paragraph 1. Ordinance 834; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section AI; NON. CONFORMING USES, Sub Sec- tion A, Paragraph 3.; Alter. allons. to permit the alteration of a non - conforming structure by Me addition of bay window and closet projection that would encroach Ilve and six tenths (5.6) feet Into the ra, muffed nineteen and four tenths (19.4) loot side yard setback and by enclosing an existing open, roofed porch which encroaches ten and three tenths (10.3) feat Into the required nineteen and one hall (19.5) foot rear yard set. back at the address aforemen. tioned. the legal description of which Is Lot 4, Block 2, Plat No. 1, Polo Fields Subdivision. 2. An application submitted by James B. Orthwein, 330 Ban. yen Road Gulf Stream, Florida 33483 requasling a variance from the provisions of the for- lowing: Ordinance 83.1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section Z; GEN- ERAL PROVISIONS, Sub Sec- tion F; Garages, Storage Facil- i IIea, Etc., Paragraph 2. o Permit the garage door. of a proposed single family dwelling structure, to be con. slfucleit on a corner lot, to lace the side street. The Paca- Don of the proposed construc- tion is on the north west cor- ner of Polo Drive and Banyan Road which Is legally do- 'C' lbetl as Lot 5, Block 3, Polo Fields, Plat No. 1. 3. An application submitted by Dlgby Bridges, Agent far W.T. Young, P.O. Box 1110, Losing. ton, Ky. requesting a variance tram the provisions of the fal- lowing: Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section VII.; 'WS" RESIDENTIAL SINGLE. FAMILY DISTRICT, Sub Sac. Bon K.; Side Yard Required Paragraph 1. to permit the modification of the floor plan of a Proposed single family dwelling by the addition of a don study which will encroach six (6) loot four (4) Inches Into the required twenty two (22) tool side yard setback at 2411 N. Ocean Blvd., Gulf Stream, Fl. which is legally described In metes and Bounds M Government Lot 3, Section 3, Township 46 South, large 43 East, Palm III B. Bramwell, 3823 Polo Drive. Gulf Stream, Fl. 33483 re questing a variance from the provisions of the followina: n J; Pare- Sac- Facll. as Permit the addition of a as. rage which would mm,mr ch sixteen Point thirty eight (16.38) feat Into the required forty one point thirty eight (41.38) fool front yard Par- back of a corner, Mae yard end to ParmlI the garage doe. to face Polo Drive at /he address aferem d anHOne which is legally described as Let 10, Rapist of Part of Gull Stream Properties. ALL PERSONS INTERESTED In these matters may appear be- fore the Board of Adjustment of the Town of Gulf Stream at the time and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MAT- TER CONSIDERED AT THIS PUBLIC HEARING, SAID PARTY WILL NEED A RECORD OF THP NEED MONY AND WHICH THE REAM, FLORIDA Pylon, Town Clerk n Beach Post 19, 1990