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Home My Public Portal About09/28/1990 * Special MeetingSeptember 13, 1990 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross Lawrence E. Stahl Kathleen S. Wallace SPECIAL MEETING AND PUBLIC HEARING OF THE TOWN COMMISSION /BOARD OF ADJUSTMENT OF GULF STREAM, FLORIDA TO BE HELD ON FRIDAY, SEPTEMBER 28, 1990 AT 8:30 A.M. IN THE TOWN HALL OF GULF STREAM, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order II. Roll Call III. PUBLIC HEARING A. Variances -Board of Adjustment Continued from Public Hearing of September 11, 1990 Digby Bridges, Marsh & Associates, Agents for the Gulf Stream Bath and Tennis Club, 925 N. Ocean Blvd., Gulf STream, F1. 33483 requesting a variance to permit the construction of a swimming pool which will encroach 1314" into the required 25' side yard setback on the south side and also requesting a variance to permit construction of a sub -grade pool equipment room which will encroach 20' into the side yard setback on the south side, both of which would be at the address aforementioned, the legal description of which is Lots 15 & 16, Block D, Revised Plat of Blks. D & E of Palm Beach Shore Acres. IV. Site Plan Review A. Digby Bridges, Marsh & Associates, Agents for Gulf Stream Bath and Tennis Club, 925 N. Ocean Blvd., Gulf Stream, F1. 33483- Construction of a swimming pool and sub -grade pool equipment room. V. 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 SPECIAL 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. G As amended on October 18, 1990 SPECIAL MEETING AND PUBLIC HEARING OF THE TOWN COMMISSION /BOARD OF ADJUSTMENT OF THE TOWN OF GULF STREAM, FLORIDA HELD IN THE TOWN HALL ON FRIDAY, SEPTEMBER 28, 1990 AT 8:30 A.M. I. II. III Call to Order The meeting was called to order at 8:37 A.M. by Mayor Koch, having been announced publicly at the Public Hearing on September 11, 1990. Roll Call Present: William F. Koch, Jr. Alan I. Armour James E. Cross Kathleen S. Wallace Absent: Lawrence E. Stahl (with notice) Also Present: Franklin Flannery John Randolph Richard Brandt Digby Bridges PUBLIC HEARING A. Variance -Board of Adjustment Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Attorney Code Enforcement Officer Agent for Applicant 1. Continued from Public Hearing of September 11, 1990 Digby Bridges, Marsh & Associates, Agents for the Gulf Stream Bath and Tennis Club, 925 N. Ocean Blvd., Gulf Stream, Florida 33483, requesting a variance to permit the construction of a swimming pool which will encroach 13'4" into the required 25' side yard setback on the south side and also requesting a variance to permit construction of a sub -grade pool equipment room which will encroach 20' into the side yard setback on south side, both of which would be at the address aforementioned, the legal description of which is Lots 15 & 16, Block D, Revised Plat of Blks. D & E of Palm Beach Shores Acres. Mr. Richard Brandt, Code Enforcement Officer, advised that the Planning Board had recommended that the variance be granted as requested. Mayor Koch had several questions that he would like answered for the record such as how many feet was the prior building from the property line? Mr. Digby Bridges, Agent for the Gulf Stream Bath & Tennis Club answered 7'6 ". The Mayor was interested in knowing what the new building as shown on the plans was from the property line and Mr. Bridges replied 50'. Mayor Koch asked if there would be any structure up above the pool and Mr. Bridges replied none and informed the Mayor the setbacks- there would be a difference between 45' and 5' from what it was before. Special Town Commission Meeting of September 28, 1990 Page -2- Mr. Bridges stated the people from the south has the great advantage of the new clubhouse as the Club House has moved 45' north, all the pick -up being moved into closed positions on the north. The pump station will be cleaned up. In total all improved conditions are for the South Hampton Condominium. Mayor Koch questioned if there would be more open area between the north and south buildings? Mr. Bridges agreed that there would be more. Mayor Koch asked if the apartments in the south were built after the Bath & Tennis Club and Mr. Bridges replied that was correct. Mayor Koch asked if there was anyone present that was against the petition. Mr. Bridges stated that he had spoken with various individuals who represent the South Hampton Condominium within the past several days. It was his understanding that Mr. Hayes, attorney for the South Hampton, had agreed upon the following items: 1. Access to the Club House for members living in the South Hampton Condominium. 2. Four or five existing Australian Pines are to be kept on the south side. Pool house motor noise to be made sound proof. 4. Plant Australian pine hedges which are to be kept 6 to 8' in height (if required). Mr. Bridges stated these items had all been proposed originally. Mayor Koch stated for the record this meeting had been postponed from the September 11th Meeting in order to hear from the opposition. He clarified that every one had been notified and for the record there was no one from the opposing side present at this meeting. There was considerable discussion regarding notification of this meeting from the various Commissioners such as if letters had been sent out to the adjacent property owners with 300' radius of the site, prior to the first hearing and if the meeting of September 11th had been postponed until a time certain. Franklin Flannery, Town Manager, stated that Rita Taylor, Town Clerk, had provided the necessary property owners within the 300' areawith proper notice. The legal advertising had been met and at the meeting of September 11th the postpone- ment date had been set for Friday, September 28, 1990 at 8:30 A.M. and that proof of publication had been received from the Palm Beach Post Newspaper. Mr. Randolph advised the Commission as long as the Town had followed the Notice Requirements in the Town's Ordinance, adver- tising in the newspaper with proof of publication, all either notified or constructively notified of the meeting Special Town Commission Meeting of September 28, 1990 Page -3- whether notification was received or not, that is the purpose of the advertising. Mr. Randolph read for the record as to the pool setback, the proposed south setback is to be 11' 8" and requirements pursuant to the Town "s Ordinance is 25' which means they need a variance of 13' 411. As to the pool equipment room, the setback is 5' and the required setback is 25' with a 20' variance needed. Vice Mayor Armour moved to approve the variance for the swimming pool and the sub- grade-equipment room as requested, the hadship being the.inability to locate the improvements which had previously.,existed at any other location, provided the following conditions be met. 1. Gate to be installed for club members from South Hampton to give access to the.Club House. 2. Any excessive noise coming from the pump room to be corrected. 3. Australian Pine hedges to be planted on the south boundry if found necessary. Commissioner Wallace seconded the motion. Mayor Koch called for a roll call vote. Mayor Koch I AYE Vice Mayor Armour AYE Commissioner Cross AYE Commissioner Wallace AYE VOTE 4 -0 IV. Site Plan Review A. Digby Bridges, Marsh & Associates, Agents for Gulf Stream Bath & Tennis Club, 925 N. Ocean Blvd., Gulf Stream, F1.33483- Construction of a swimming pool and sub -grade pool equipment room. Mr. Brandt, Code Enforcement Officer, advised that the Planning Board had previously recommended that the site plan be approved as presented. Vice Armour moved that the site plan be approved providing the three conditions stipulated in the variance be met. CommissionerWallace seconded this motion and all voted AYE. V. Adjournment 6 EPA FEARN Mayor Koch adjourned the meeting at 9:00 A.M. on a motion from Vice Mayor Armour which was seconded by Commissioner Cross. illiam F. Koch, Jr. mayor Alan I. Armour, vice mayor James E. Cross, Commissioner Kathleen 6. wallace,commissioner