HomeMy Public PortalAbout05/10/1990May 4, 1990
MAYOR: William F. Koch, Jr.
VICE MAYOR: Alan I. Armour
COMMISSIONER: James E. Cross
Lawrence E. Stahl
Kathleen S. Wallace
REGULAR MEETING AND PUBLIC HEARING OF THE TOWN COMMISSION /BOARD OF
ADJUSTMENT OF GULF STREAM,FLORIDA TO BE HELD ON THURSDAY, MAY 10, 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 of Regular Meeting & Public Hearing of April 24, 1990
IV. Additions, withdrawals, deferrals, arrangement of items.
V. PUBLIC HEARING
A. Variances -Board of Adjustment
1. Linda & Sydney Tal- Mason, 4217 County Road, Gulf Stream,
F1. 33483 requesting a variance to permit installation of
a swimming pool that would encroach 10' into required 15'
side yard on the north side, 5' into the required side yarc
setback on the south side, and from 8' to 10' into the
required 15' rear yard setback at the address aforemention(
VI. Site Plan Review
A. Linda & Sydney Tal- Mason, 4217 County Road, Gulf Stream, F1.
33483 - Installation of a swimming pool.
VII. Reports
A. Town Manager
1. Water Usage
2. Trash Collection
3. Future Meetings
4. Disposal of Utility Vehicles
B. Town Attorney
C. Planning Board
D. Financial Director
E. Police Department
F. Construction in Progress
G. Public Works
VIII. Items for Commission Action
A. Proposed Interlocal Agreement for Municipal Recycling Between
the Solid Waste Authority and the Town of Gulf Stream
B. Items by Commissioners
IX. Correspondence
A. Resolution 32 -90 Opposing proposed 2% Sales Tax on meals in
restaurants which serve alcoholic beverages to fund a
Convention Center Authority in Palm Beach County -City Lake Wor
B. Opposing proposed House Bill #1343, "General Special District
Convention Center Development Tax Act" & opposing Senate Bill
#1578 proposing to allow for special taxing districts in Palm
Beach County that would be authorized to develop, construct,
& operate convention facilities & allow for ability to levy up
to an additional 2% sales tax on meals & beverages.
1. Resolution 90 -21; Greenacres City
2. Resolution 90 -13; Village of Palm Springs
X. Public
XI. 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 CONSIDER
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.
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
THURSDAY, MAY 10, 1990 at 9:00 A.M.
I.
II.
III
The meeting was called to order at 9:00 A.M. by the Hon. William
F. Koch, Jr., Mayor.
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
Minutes
Mayor
Commissioner
Commissioner
Commissioner
Commissioner
Town Attorney
Town Manager
Code Enforcement Officer
Finance Director
Police Captain
Commissioner Cross moved and Commissioner Armour seconded that the
minutes of the Regular Meeting and Public Hearing of April 24, 1990 be
approved as circulated and all voted AYE.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
Town Clerk requested that requests for abandonment of Palm Way be
added as item VIII.0 and there were no objections.
V. PUBLIC HEARING
A. Variances -Board of Adjustment
1. Linda & Sydney Tal- Mason, 4217 County Road, Gulf Stream,
F1. 33483 requesting a variance to permit installation of
a swimming pool that would encroach 10' into required 15'
side yard on the north side, 5' into the required side yard
setback on the south side, and from 8' to 10' into the
required 15' rear yard setback at the address aforementioned.
Mr. Richard Brandt, Code Enforcement Officer advised that the Planning Board
had recommended the variance be granted as requested. Commissioner Stahl
asked if the applicant had considered moving the pool 5' to the south, next
to commercial property. Mr. Tal -Mason replied that Mrs. Tal -Mason had been
handling the planning so he was not aware if this was considered. He added
that the neighbor to the north had his pool at the property line and that he
had asked the neighbor if there would be an objection to the pool in the
proposed location and was advised there was no objection. The Town Clerk
was asked if there had been any objections or comments received to which she
replied there were none. Commissioner Armour moved and Commissioner Stahl
seconded that the variance be granted as requested and recommended by the
Planning Board and all voted AYE.
VI. Site Plan Review
A. Linda & Sydney Tal- Mason, 4217 County Road, Gulf Stream, Fl.
33483- Installation of a swimming pool.
Town Commission Meeting Minutes of May 10, 1990 Page -2-
The Commission inquired if the addition of a pool would impact the water
retention. Mr. Brandt stated that a design by an engineer for water
retention was a part of the application and that the pool is being installed
with stone and stepping stones instead of a pool deck to increase retention
area. Commissioner Armour moved and Commissioner Stahl seconded that the
site plan be approved as submitted -and recommended by the Planning Board.
All voted AYE.
VII. Reports
0 A. Town Manager
1. Water Usage
Town Manager Flannery advised that he was pleased to see that water usage
was down during April by 12% as compared to March and down 22% as compared
to the same period last year. Mr. Flannery then called attention to a
letter prepared by Resource Engineering which was intended to start
implementation of the plan that was agreed to in the Stipulated Agreement
with the Department of Community Affairs. It was decided that each
Commissioner should meet with Mr. Flannery to review the contents.
Commissioner Stahl questioned if there would be an overall plan for water
conservation presented at the June meeting. Town Manager Flannery advised
that he would have one to present for review.
2. Trash Collection
Town Manager Flannery called attention to the detailed letter in the agenda
package with regard to a proposed change in trash collection. He suggested
that inasmuch as it is difficult to keep employees on this type of work,
the truck is in need of replacement, and the work is very hazardous, it would
be of benefit to the town to have County Sanitation pick up the trash. The
proposal from County Sanitation provided that for an additional $4.00 per
month per unit, they would remove 2 cubic yards of trash, once each week,
provided it was bagged and bundled. Any amount greater than 2 cubic yards
would be removed for an additional fee of $11.00 per yard and the resident
would be billed directly by County Sanitation.
The Commission expressed concern that a once a week pick -up would be
inadequate and that containerizing would not be well received. Mr. Flannery
was instructed to obtain bids from private contractors to perform the service
in a similar manner to that provided by the Town.
3. Disposal of utility vehicles
Town Manager Flannery advised that if there were no objections from the
Commission, he planned to declare one of the unmarked police vehicles with
well over 100,000 miles of use, the van that he is driving, and the station
wagon that Mr. Sava used, as surplus property and offer same for sale. He
reminded that a car allowance for him in the amount of $300 per month had
been provided in the current budget and he would be drawing on that after
sale of the van has been accomplished. He further advised that he would be
requesting an allowance of $350 per month in the next budget. There were
no objections to the sale of the vehicles. Commissioner Armour moved and
Commissioner Cross seconded that the vehicles be sold and all voted AYE.
Mr. Flannery, in mentioning Mr. Sava, advised with regret that Mr. Sava
would be officially terminated in two weeks. He was directed to prepare a
proclamation and resolution for presentation to Mr. Sava at the June meeting.
Town Commission Meeting Minutes of May 10, 1990 Page -3-
B. Town Attorney
Attorney Randolph advised he had no report. Mrs. Wallace questioned if
Ordinance 90/1 was prepared for first reading to which he replied that it
was not due to the fact it seemed logical to wait for the Land Development
Regulations so that they could all be covered by one ad since all require
2 publications of a page each which is quite costly.
Commissioner Wallace advised she was not pleased with the existing provisions
for lot coverage of lots of 20,000 square feet or more. She distributed
a copy of a list of several properties that had been analyzed to give
examples of what various percentages of coverage look like. She proposed that
for lots of 20,000 square feet or more, a maximum lot coverage of 25% be
established. After considerable discussion, Attorney Randolph was instructed
to make such change in the proposed Ordinance prior to advertising and
placing on first reading.
Commissioner Stahl was concerned with delaying the adoption of the Ordinance
and questioned if there could be some way to apply provisions of the
Ordinance prior to adoption. Attorney Randolph advised the "Zoning in
Progress" could be declared. Commissioner Stahl moved to declare zoning in
progress for those items presently under study as presently drafted in
Ordinance 90/1 including changes made at this meeting. Motion was seconded
by Commissioner Armour and all voted AYE.
Commissioner Stahl then moved to declare zoning in progress in regard to the
Landmark Preservation Ordinance presently under study in order to preclude any
demolition until procedures provided in the Ordinance under study are
followed and public hearings held. The motion was seconded by Commissioner
Wallace and all voted AYE.
C. Planning Board
There was no report from the Planning Board.
D. Financial Director
Mr. Gwynn pointed out that there are 2 items of revenue that are not usually
shown, an insurance premium and a reimbursement from the State for the
Comprehensive Plan. He also noted that the cash projection reflects a
transfer to the Bonded Indebtedness to cover the annual obligation which
will be 50% paid off. In closing the report, Mr. Gwynn pointed out that the
budget deficit had been reduced to $4,400. Commissioner Armour moved and
Commissioner Stahl seconded that the report be approved as presented and all
voted AYE.
�l E. Police Report
Captain Buchan presented a brief report on the April police activity.
F. Construction in Progress
A current list of construction in progress was noted.
G. Public Works
Report of April Public Works activity was acknowledged.
Town Commission Meeting Minutes of May 10, 1990 Page -4-
VIII. Items for Commission Action
A. Proposed Interlocal Agreement for Municipal Recycling
The proposed agreement between the Solid Waste Authority and the Town of
Gulf Stream was reviewed. Attorney Randolph stated he had reviewed same
and found it proper but he suggested that an attempt be made to reduce the
term below the five years provided. Commissioner Armour moved that the
Mayor and Town Clerk be authorized to execute the agreement following an
attempt by Attorney Randolph to reduce the 5 year term as much as possible.
Commissioner Cross seconded the motion and all voted AYE.
B. Items by Commissioners
There were no items by Commissioners.
C. Abandonment of Palm Way Request
A request for abandonment of Palm Way submitted by Attorney Carl Gezelschap
on behalf of Alan L. Gornick, owner of Lot 55, Gulfstream Properties No. 2,
adjacent to Palm Way and from George A. Welsh, owner of lot 54, Plat of
Gulf Stream Properties No. 2 were presented. The letters pointed out that
this street had not been used for a number of years and the owners had been
paying taxes on 15' of the street but there was no record of the previous
abandonment. Attorney Randolph explained that legal advertising would be
necessary after being provided with surveys and documents as set out in the
State Statutes. Mayor Koch explained that the applicants understood this
and added that the school would also be involved as they are an adjacent
property owner. The staff was directed to inform the applicants of the
formal procedure and to place the item on the agenda when the process has
been followed.
IX. Correspondence
A. Resolution 32 -90 Opposing proposed 2% Sales Tax on meals in
restaurants which serve alcoholic beverages to fund a
Convention Center Authority in Palm Beach County -Lake Worth
B. Opposing proposed House Bill #1343, "General Special District
#1578 proposing to allow for special taxing districts in Palm
Beach County that would be authorized to develop, construct,
& operate convention facilities & allow for ability to levy up
to an additional 2% sales tax on meals & beverages.
1. Resolution 90 -21; Greenacres City
2. Resolution 90 -13; Village of Palm Springs
The resolutions listed under items A
the record.
X. Public
There was no comment from the public.
XI Adjournment
and B. were noted and made a part of
Commissioner Armour moved and Commissioner Wallace seconded that the meeting
be adjourned and all voted AYE. Mayor Koch adjourned the meeting at 10:45 A-
Town Commission Meeting Minutes of May 10, 1990 Page -5-
N
Attest:
/2,
Town Clerk
D
Mayor
Commissioner
Commissioner
Commissioner
Commissioner
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Board of the Town of Gulf
Stream will hold a Public Hearing on Wednesday, June 6, 1990 at
9:00 A.M. and the Town Commission, sitting as the Board of Adjustment,
will hold a Public Hearing on Friday, June 15, 1990 at 9:00 A.M., both
in the Commission Chambers at the Town Hall, 100 Sea Road, Gulf Stream,
Florida at which the following will be considered:
1. An application submitted by Ettore and Lovedy P. Barbatelli,
520 Middle 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 Section K; Side 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.
Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING
ORDINANCE, Section XI; NON - CONFORMING USES, Sub Section
A, Paragraph 4.; Extensions.
to permit the extension of a non - conforming structure by an
addition to the existing garage of four hundred five (405)
square feet that would encroach approximately eleven and
two tenths (11.2) feet into the required twenty one and
two tenths (21.2) foot side yard setback and to permit the
garage doors to continue to face Middle Road at the address
aforementioned which is legally described as all of Lots
19 and 20 Gulf Stream Cove Subdivision, less a portion of
Lot 20.
2. An application submitted by Gustavo J. Carbonell, Agent
for Janet W. Parker, 3525 Polo Drive, Gulf Stream, Florida
33483 requesting a variance from the following:
Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING
ORDINANCE, Section VII; "RS" RESIDENTIAL SINGLE FAMILY
r DISTRICT, Sub - Section J.; Front Yard Required, Paragraph 1.
Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING
ORDINANCE, Section XVI; FLOOD HAZARD AREAS, Sub Section N;
Areas Where Base Flood Elevation Known, Paragraph l.a.
to permit the addition of a bathroom which would
encroach seven and two tenths (7.2) feet into the
required twenty nine and two tenths (29.2) foot
front yard setback of a corner, side yard, the
finished floor elevation being that of the existing
dwelling, six and one tenth (6.1) feet above zero (0)
sea level at the address aforementioned, legally
described as Lot 8, Block 2, Polo Fields Plat No. 1.
ALL PERSONS INTERESTED in these matters may appear before the Planning
Board and the Town Commission of the Town of Gulf Stream at the times
and place aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
PLANNING BOARD OR THE TOWN COMMISSION SITTING AS 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: May 11, 1990
Publish: Palm Beach Post -Times
1st Publication: May 22, 1990
2nd Publication: June 1, 1990
TOWN OF GULF STREAM, FLORIDA
Rita L. Taylor, wn 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.
����
T H E P A L M B E A C H P O S T
P u b l i s h e d D a i l y a n d S u n d a y
W e s t P a l m B e a c h , P a l m B e a c h C o u n t y , F l o r i d a
P R O O F O F P U B L I C A T I O N
S T A T E O F F L O R I D A
C O U N T Y O F P A L M B E A C H
B e f o r e t h e u n d e r s i g n e d a u t h o r i t y p e r s o n a l l y a p p e a r e d C h r i s B u l l
w h o o n o a t h s a y s t h a t s h e / h e i s C l a s s . S a l e s M g r . o f T h e P a l m B e a c h P o s t ,
a d a i l y a n d S u n d a y n e w s p a p e r p u b l i s h e d a t W e s t P a l m B e a c h i n P a l m B e a c h C o u n t y ,
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N o t i c e
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p u b l i c h e a r i n g
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h a s b e e n e n t e r e d a s s e c o n d c l a s s m a i l m a t t e r a t t h e p o s t o f f i c e i n W e s t P a l m B e a c h , i n
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T a A 1 E
M Y C O M M I M O ( I E X P I M V . 1 5 , 1 9 9 2
B O N D E D T M C E F E R A L M . W A D .
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P U B L I C H E A P I N G
N O T I C E I S H E R E B Y G I V E N N a t
t h e P l a n n i n g B o a r d o f t h e
T o w n o f G u l f S t r e a m w i l l h o l d
a P u b l i c H e a r i n g o n W e d n e s -
d a y , J u n e 6 , 1 9 9 0 a t 9 : 0 0 A . M .
a n d t h e T o w n C o m m i s s i o n , s i t -
N o , s e t h e B o a r d o f A d j u s t -
m e n t , w i l l h o l d a P u b l i c H e e n
I n g o n F r i d a y . J u n e 1 5 , I M
a t 1 1 : 0 0 A . M . , b o t h I n t h e C o m -
m i s s i o n C h a m b e r s a t t i e
T o w n H a l l , 1 0 0 S e a R o a d , G u l f
S t r e a m . F l o r i d a a t w h i c h t h e
f o l l o w i n g i n w i l l b e c o n s i d e r e d :
1 . A n a p p l i c a t i o n s u b m i t t e d b y
E n . , . a n d L o v e d y P . B a r b a
t i n s i n M i d d l e R o a d . G u l f
a u m t i n g a v a r l a n c e f r o m t h e
n r n v l s l a n s o f t h e f o l l o w i n g :
O R D I N A N C E , S e c t i o n K ; G E N -
E R A L P R O V I S I O N S , S u b S a c -
R u n F ; G a r a g e . , S t o r a g e F a c i l -
I l l e s , E t c . , P a r a g r a p h 2 .
O r d i n a n c e 8 3 4 : Z O N I N G , P a r t
I I ; C O M P R E H E N S I V E Z O N I N G
O R D I N A N C E , S e c t i o n A I ; N O N -
C O N F O R M I N G U S E S , S u b S a c -
t h i n A , P a r a g r a p h 4 . ; E v l a n -
M o n s .
t o P e r r i t h e e x t e n s i o n o f a
n o n - c o n f o , m i n g s t r u c t u r e b y
a n a d d i t i o n t o m e e x i s t i n g g a
r a g e o f r o a r h u n d r e d f i v e ( 4 0 5 )
s q u a r e f e e l t h a t w o u l d a n -
. r o a c h a p p r o x i m a t e l y e l e v e n
a n d t w o t e n t h s ( 1 1 . 2 ) f e e t I n t o
t h e r e q u i r e d t w e n t y o n e a n d
t w o t e n t h s ( 2 1 . 2 ) f o a l s i d e
y a m s e t b a c k a n d t o p e r m i t
t h e g a r a g e d o o r . t o c o n t i n u e
t o f a c e M i d d l e R o a d a t t h e a d -
d r e s s a f o r e m e n t i o n e d w h i c h I s
l e g a l l y d e s c r i b e d a s a l l o f L o l a
1 9 a n d 2 0 G u l f S h e e n , C o s .
S u b d i v i s i o n , l e a s a p o r t i o n o f
L o t 2 0 .
2 . A n a p p l i c a t i o n s u b m i t t e d b y
G u s t a v o J . O a r b o n . 1 1 , A g e n t
f o r J a n e t W . P a r k e r , 3 5 2 5
P o l o D r i v e , G u l f S t r e a m , F l o r i -
d a 3 3 4 8 3 r e q u e s t i n g a v a r i -
a n c e f r o m t h e f o l l o w i n g :
O r d i n a n c e 8 3 - 1 ; Z O N I N G , P a r t
I I ; C O M P R E H E N S I V E Z O N I N G
O R D I N A N C E , S e c t i o n V I I ; " R S "
R E S I D E N T I A L S I N G L E F A M I L Y
D I S T R I C T , S u b - S e c t i o n J . ;
F r o n t Y a r d R e q u i r e d , P a r s -
g r a p h 1 .
O r d i n a n c e 8 3 . 1 ; Z O N I N G , P a r t
I I ; C O M P R E H E N S I V E Z O N I N G
O R D I N A N C E , S e c t i o n A V I ;
F L O O D H A Z A R D A R E A S , S u b
S e c t i o n N ; A r e a s W h e r e B a s e
F l o o d E l e v a t i o n K n o w n , P a r a
g r a p h I . S . t o p e r m i t t h e a d d s -
, R o n o f a b a t h r o o m w h i c h
w o u l d e n c r o a c h s e v e n a n d
t w o f o r t u n e ( 7 . 2 ) f e e t I n t o t h e
r e q u i r e d t w e n t y n i n e a n d t w o
t e n t h s ( 2 9 . 2 ) f o o l f r o n t y a r d
s e t b a c k o f a c o r . . s r , s i d e y a r d ,
t h e f i n i s h e d H o u r e l e v a t i o n b e -
i n g t h a t o f t h e e x i s t i n g d w e l l -
I n g . M x a n d o n e t e n t h ( 6 . 1 1
f e e t a b o v e a a n o ( 0 ) s a a l e v e l
a t t h e a d d r e s s a f o r a m . n -
1 1 . . . d , l e g a l l y d e s c r i b e d . e
L o t S . B l o c k 2 , P a l o F i e l d . P l a t
N o . 1 .
A L L P E R S O N S I N T E R E S T E D i n
t h e s e m a t t e r s m a y a p p e a r b a
I o n a t h e P l a n n i n g B o a r d a n d
t h e T o w n C o m m i s s i o n o f I h a
T o w n o f G u l f S t r e a m a t t h e
t i m e s a n d p l a c e a f o r e s a i d a n d
b e h e a r d .
S H O U L D A N Y I N T E R E S T E D
P A R T Y S E E K T O A P P E A L A N Y
D E C I S I O N M A D E B Y T H E
P L A N N I N G B O A R D O R T H E
T O W N C O M M I S S I O N S I T T I N G
A S T H E B O A R D O F A D J U S T -
M E N T W I T H R E S P E C T T O A N Y
M A T T E R C O N S I D E R E D A T
T H I S P U B L I C H E A R I N G , S A I D
P A R T Y W I L L N E E D A R E C O R D
O F T H E P R O C E E D I N G S , A N D
F O R S U C H P U R P O S E , M A Y
N E E D T O I N S U R E T H A T A
V E R B A T I M R E C O R D O F T H E
P R O C E E D I N G S I S M A D E ,
W H I C H R E C O R D I N C L U D E S
T H E T E S T I M O N Y A N D E V I -
D E N C E U P O N W H I C H T H E A P -
P E A L I S T O B E B A S E D .
2 8 6 . 0 1 0 5 , I s
T O W N O F G U L F S T R E A M , F L
R i t e L T a y l o r , T o w n C l a r k
P U B : P a l m B e a c h P o s t
M a y 2 2 J u n e 1 1 9 e 0